To the extent that the City is required to allow the cultivation of recreational marijuana under State law, the rules set forth herein shall apply. Nothing in this section shall be interpreted to permit commercial marijuana operations or marijuana dispensaries otherwise prohibited by this chapter.
A. State Law Limits: The cultivation of recreational marijuana shall be subject to the limits set forth in any applicable State law.
B. Compliance With Medical Marijuana Personal Use Cultivation Rules: All persons lawfully allowed to cultivate recreational use marijuana in the City under State law shall be subject to the same rules, requirements, limitations and regulations applicable to the personal use cultivation of medical marijuana set forth in this chapter, and shall also obtain and maintain a personal cultivation permit and comply with all the requirements for obtaining and maintaining a personal cultivation permit as provided in subsection C of this section.
C. Personal Cultivation Permit Required: No person may plant, cultivate, harvest, dry or process marijuana plants or marijuana products outdoors, and no personal cultivation permit may be issued for outdoor cultivation. No person may plant, cultivate, harvest, dry or process marijuana plants inside a private residence or accessory structure to a primary residence without first obtaining a personal cultivation permit from the Police Department.
1. Personal Cultivation Permit Application Requirements: Any person wishing to obtain a personal cultivation permit from the City must file an application to the City upon a form provided by the City. An application for a personal cultivation permit must include the following information:
a. The address of the location of the private residence for which the personal cultivation permit is sought. Only one personal cultivation permit will be issued per address.
b. The names and ages of all occupants of the parcel of real property for the proposed personal cultivation site.
c. For rental property, the lessee shall obtain written authorization from the property owner or property management company to cultivate marijuana at the residence.
d. Evidence that the cultivation area will be located in a legal structure that is compliant with all applicable State and local laws.
e. Authorization for the law enforcement personnel, Fire Department personnel, the Code Enforcement Officer, and the building official to enter and inspect the cultivation area at any time upon twenty four (24) hours' advance notice for the purpose of making reasonable inspections to observe and enforce compliance with this chapter, the Health and Safety Code, the California Building Code, and all other applicable State and local laws.
f. A statement in writing by the applicant that the applicant certifies under penalty of perjury that all of the information contained in the application is true and correct.
g. Any such additional information as is deemed necessary by the Police Chief to administer this chapter.
2. Personal Cultivation Permit Conditions: The following conditions apply to each personal cultivation permit:
a. Each personal cultivation permittee must pay a personal cultivation permit fee in an amount to be established by resolution of the City Council to offset the cost to the City of administering this chapter as a prerequisite to obtaining the personal cultivation permit.
b. A personal cultivation permit will not be awarded or renewed if:
(1) The applicant made one or more false or misleading statements or omissions in the application or during the application process;
(2) A personal cultivation permit already exists at the proposed personal cultivation site;
(3) The proposed personal cultivation activity would violate State or local law;
(4) The applicant does not have legal authority to engage in personal cultivation at the proposed personal cultivation site;
(5) The applicant has not satisfied each and every requirement of this chapter;
(6) The applicant has had a previous personal cultivation permit revoked.
c. Personal cultivation permits are subject to any additional conditions that may be imposed or applied by the City at the time of issuance or renewal as necessary to properly regulate the activity and protect the public.
d. Personal cultivation permits shall expire and become null and void twelve (12) months after issuance unless properly renewed.
e. Personal cultivation permits issued pursuant to this chapter are not transferable under any circumstances. (Ord. 2018-005, 9-25-2018)