A.   Purpose And Intent:
      1.   The City Council, based on evidence presented to it in the proceedings leading to the adoption of this chapter, hereby finds that the cultivation, preparation, and distribution of cannabis in the City has caused and is causing ongoing impacts to the community. These impacts include increases in various types of crime due to outdoor grows, damage to buildings containing indoor grows, including improper and dangerous electrical alterations and use, inadequate ventilation leading to mold and mildew, increased frequency of home-invasion robberies and related crimes. Many of these impacts have fallen disproportionately on residential neighborhoods, but nonetheless also negatively impact properties in the Commercial Districts. These impacts have also created an increase in response costs, including Code enforcement, building, land use, fire, and police staff time and expenses.
      2.   The City Council finds that the restrictions and/or prohibitions on non-commercial cultivation, commercial marijuana cultivation, marijuana processing, marijuana delivery, and marijuana dispensaries are necessary for the preservation and protection of the public health, safety, and welfare for the City and its community. The City Council’s prohibition of such activities is within the authority conferred upon the City Council in its Charter and State law.
      3.   The purpose of this section is to restrict non-commercial cultivation, and to restrict and/or prohibit the establishment of commercial cannabis uses in the City.
   B.   Interpretation And Applicability:
      1.   Nothing in this section is intended to, nor shall it be construed to, preclude a landlord from limiting or prohibiting cannabis cultivation, smoking or other related activities by tenants.
      2.   Nothing in this section is intended to, nor shall it be construed to, burden any defense to criminal prosecution otherwise afforded by California law.
      3.   Nothing in this section is intended to, nor shall it be construed to, exempt any cannabis related activity from any and all applicable local and State construction, electrical, plumbing, land use, or any other building or land use standards or permitting requirements.
      4.   Nothing in this section is intended to, nor shall it be construed to, make legal any cultivation, transportation, sale or other use of cannabis that is otherwise prohibited under California law.
      5.   All cultivation activities within City limits shall be subject to the provisions of this section and other applicable provisions of this Code, regardless of whether the cultivation activities existed or occurred prior to adoption of this section.
   C.   Definitions: For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
A residential accessory structure shall include any uses that are customarily related to a residence, including garages, greenhouses, storage sheds, studios, and workshops. Any accessory structure must be compliant with Section 301.01 of this article and any other applicable provisions of the Municipal Code.
Any or all parts of the plant Cannabis sativa linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus of Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil, or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purposes of this Code, “cannabis” does not mean “industrial hemp” as defined by Section 11018.5 of the California Health and Safety Code.
Is defined in Chapter 15, Article VII of the Municipal Code.
Is defined in Chapter 15, Article VII of the Municipal Code.
Includes any group that is collectively or cooperatively cultivating and distributing marijuana for medical purposes that is organized in the manner set forth in the August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, as may be amended from time to time, that was issued by the Office of the Attorney General for the State of California, or for the purposes set forth in California Health and Safety Code section 11362.5 (Compassionate Use Act) of California Health and Safety Code sections 11362.7 to 11362.83 (Medical Marijuana Program Act).
Is defined in chapter 15, article VII of the Municipal Code.
Is defined in chapter 15, article VII of the Municipal Code.
Is defined in chapter 15, article VII of the Municipal Code.
Is defined in chapter 15, article VII of the Municipal Code.
Is defined in chapter 15, article VII of the Municipal Code.
The Medicinal and Adult-Use Cannabis Regulation and Safety Act as codified in division 10 of the California Business and Professions Code, as the same may be amended from time to time.
Is defined in chapter 15, article VII of the Municipal Code.
Is defined in chapter 15, article VII of the Municipal Code.
Any activity involving the growing, planting, harvesting, drying, curing, grading, or trimming, and includes processing of cannabis when done for individual (noncommercial) purposes.
Is defined in chapter 15, article VII of the Municipal Code.
Any cemetery, religious institution, school, public building regularly frequented by children, public park, or boys’ club, girls’ club or similar organization.
   D.   Severability: If any part of this section is held to be invalid or inapplicable to any situation by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this section.
   E.   Personal (Non-Commercial) Cultivation And Other Activities: Personal, non-commercial cultivation and other activities including drying, harvesting, processing, smoking, and use are restricted pursuant to this section and/or chapter 18, article XI of the Municipal Code. Nothing in this section shall prohibit a person twenty one (21) years of age or older from engaging in the cultivation of six (6) or fewer live cannabis plants within a single private residence, or inside an accessory structure located upon the grounds of a private residence. Alternatively, the six (6) or fewer plants may be grown outdoors within a locked space that is not visible by normal, unaided vision from a public place or from the surrounding properties. Additionally, the following requirements apply:
      1.   There shall be no exterior evidence of cannabis cultivation occurring at any property, from the public right-of-way.
      2.   Cannabis cultivation lighting shall not exceed 140,000 lumens (traditionally referenced as one thousand two hundred watts (1,200 W)).
      3.   If grown in an accessory structure, the structure(s) shall at all times meet the requirements of the latest adopted version of the California Building, Fire, Mechanical, Electrical and Plumbing Codes (collectively California Codes). All required electrical permits must be obtained pursuant to the California Codes and applicable regulations, and proper permits must be obtained from the Building Division prior to performing any work on electrical wiring or rewiring.
      4.   If required by the California Codes, the wall(s) adjacent to the cultivation area shall be constructed with five-eighths inch (5/8") type X moisture-resistant drywall.
      5.   Cannabis cultivation areas shall be secured by a functioning audible alarm at all times during growing seasons.
      6.   The growing of cannabis outdoors shall comply with setback requirements for the primary residence on the property subject to the zoning classification of the property.
      7.   Cannabis plants grown outdoors shall be grown in an area enclosed with a solid view obscuring fence, secured with self-closing and locking gates.
      8.   Areas for cultivation of cannabis shall be secured, locked, and fully enclosed, and rendered inaccessible to minors.
      9.   All restrictions set forth in chapter 18, article XI of the Municipal Code, applicable to cultivation, shall be complied with.
   F.   Prohibited Uses And Activities:
      1.   With the exception of cannabis dispensaries as set forth further in this section, and as regulated in chapter 15, article VII of the Municipal Code, commercial cannabis activity, whether or not for profit, is expressly prohibited in all zones, specific plans areas, and overlay zones of the City. No person shall establish, operate, maintain, conduct, allow or engage in commercial cannabis activity anywhere within the City, unless expressly permitted by this section or elsewhere in the Municipal Code.
      2.   A property owner shall not rent, lease or otherwise permit any person or business that engages in commercial cannabis activity to occupy real property in the City, unless the commercial activity is expressly permitted by the Municipal Code, and the activity at that location has been expressly authorized by the City in accordance with applicable City regulations and State laws. A property owner shall not allow any person or business to establish, operate, maintain, conduct, or engage in unauthorized commercial cannabis activity on any real property owned or controlled by that property owner that is located in the City.
      3.   Unless expressly authorized by the Municipal Code, subsection F1 of this section shall prohibit all activities for which a State license is required pursuant to MAUCRSA, as the same may be amended from time to time. Accordingly, the City shall not issue any permit, license, or other entitlement for any activity for which a State license is required under the MAUCRSA, as the same may be amended from time to time, except for activities expressly authorized and permitted by the City. The City shall also not issue any local license to a nonprofit entity pursuant to California Business and Professions Code section 26070.5, except as expressly authorized and permitted by the City.
   G.   Permitted Use:
      1.   Location: Commercial cannabis dispensary uses shall be allowed to be established and operated by business owners (as defined in section 15-85 of the Municipal Code), that meet all of the requirements specified in this section and chapter 15, article VII of the Municipal Code, in the DR-N, DR-S and Airport Industrial Zone Districts of the City, subject to having a valid State license for the operations, having a regulatory permit from the City, obtaining a City business license, and having entered into a Development Agreement between the business owners and the City. Any cannabis dispensary permitted to be established shall at all times be in compliance with this section and chapter 15, article VII of the Municipal Code, as it may be amended from time to time or repealed and replaced by another section governing cannabis dispensary operation, but subject to the terms and conditions within the applicable Development Agreement.
      2.   Number of Permits: The number of regulatory permits for cannabis dispensaries is limited to no more than two permits, plus an additional permit for every twenty five thousand (25,000) residents. The City Council may reserve one of the allowed permits exclusively for a medical cannabis dispensary use, in conformity with the applicable regulations set forth in chapter 15, article VII of the Municipal Code.
      3.   Distance Separation From Schools: All cannabis dispensaries shall comply with the distance separation requirements from schools as required by State law. In addition, a cannabis dispensary shall not be located within six hundred feet (600') from any existing school or proposed school site as identified in the General Plan. Measurements shall be from property boundary to property boundary. For purposes of this section, school means any public or private school providing instruction in kindergarten or grades 1 - 12, inclusive, but does not include any private school in which education is primarily conducted in private homes. The distance specified in this section shall be measured in the same manner as provided in subdivision (c) of section 11362.768 of the Health and Safety Code unless otherwise provided by law.
      4.   Building Property Requirements: All building property requirements set forth in chapter 15, article VII of the Municipal Code shall also apply and are hereby incorporated by reference as if set forth fully herein.
      5.   Additional Requirements: Cannabis dispensary uses are additionally subject to all setback, signage, and other requirements applicable to the zone classifications they are located in, in addition to any applicable requirements set forth in this chapter and the Municipal Code, as well as the Downtown Design Guidelines, in applicable zone districts.
   H.   Enforcement: Any violation of this section is subject to any and all penalties as prescribed in the Municipal Code, in addition to being subject to other remedies provided by law, including but not limited to, injunctive relief, nuisance abatement action, summary abatement of immediately hazardous conditions, and all other applicable fines, penalties and remedies. This section is adopted to address public health and safety issues, and as such, carries with it an express legislative intent to be interpreted strictly, enforced with an emphasis on public and community safety, and enforced rigorously in a manner such as to deter further violations. In any civil action brought pursuant to this section, a court of competent jurisdiction may award reasonable attorneys’ fees and costs to the prevailing party. Notwithstanding the penalties set forth in the Municipal Code, no provision of this section or the Municipal Code authorizes a criminal prosecution, arrest or penalty inconsistent with or prohibited by Health and Safety Code section 11362.71 et seq., or section 11362.1 et seq., as the same may be amended from time to time. In the event of any conflict between the penalties enumerated under the Municipal Code and any penalties set forth in State law, the maximum penalties allowable under State law shall govern. (Ord. 1866, 11-19-2019; amd. Ord. 1880, 2-16-2021)