A. Definitions: The words, phrases, and terms used in this section shall have the following meanings for the purposes of this section only:
ACCESSORY STRUCTURE: | A detached non-habitable structure that is fully enclosed with walls for all perimeters of the building, including, without limitation, a storage shed located on the same legal parcel as a private residence. |
COMMERCIAL MARIJUANA ACTIVITY: | The cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, or sale of marijuana and marijuana products for commercial purposes, whether or not conducted with a license issued in accordance with division 10 of the Business and Professions Code. |
CULTIVATE OR CULTIVATION: | Any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana. |
ESTABLISH OR OPERATE: | Means and includes any of the following involving marijuana: the opening, commencement, conversion of an existing business, facility, use, establishment, or location, or the addition to any other existing business, facility, use, establishment or location, for marijuana purposes as set forth in this section. |
LEGAL PARCEL: | Any parcel of real property that may be separately sold in compliance with the Subdivision Map Act. |
MANUFACTURE: | The commercial production, preparation, propagation, or compounding of marijuana or marijuana products either directly or indirectly or by extractions and chemical synthesis at a fixed location that packages or repackages marijuana or marijuana products or labels or re-labels its container. |
MARIJUANA: | All parts of the plant cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It includes marijuana infused in foodstuff. It 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 resin extracted therefrom), fiber, oil, or cake, or the sterilized seeds of the plant that are incapable of germination. Marijuana does not include: 1. Industrial hemp, as defined in Health and Safety Code section 11018.5; or 2. The weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other product. The terms marijuana and cannabis shall be synonymous and have the same meaning. |
MARIJUANA CULTIVATION FACILITY: | Any business, facility, use, establishment, or location where the cultivation of marijuana occurs. |
MARIJUANA PRODUCTS: | Marijuana that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing marijuana or concentrated cannabis and other ingredients. |
MEDICAL MARIJUANA: | Marijuana used for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of marijuana in the treatment of acquired immune deficiency syndrome ("AIDS"), anorexia, arthritis, cancer, chronic pain, glaucoma, migraine, spasticity, or any other serious medical condition for which marijuana is deemed to provide relief as defined in subsection (h) of Health and Safety Code section 11362.7. |
MEDICAL MARIJUANA DISPENSARY: | Any business, facility, use, establishment or location, whether fixed or mobile, where medical marijuana is made available to, delivered to and/or distributed by or to three (3) or more of the following: a "primary caregiver", "a qualified patient", or a person with an "identification card", as these terms are defined in California Health and Safety Code section 11362.5 and following. A "medical marijuana dispensary" does not include the following uses, as long as the location of such uses are otherwise regulated by this code or applicable law: a clinic licensed pursuant to chapter 1 of division 2 of the Health and Safety Code, a healthcare facility licensed pursuant to chapter 2 of division 2 of the Health and Safety Code, a residential care facility for persons with chronic life threatening illness licensed pursuant to chapter 3.01 of division 2 of the Health and Safety Code, a residential care facility for the elderly licensed pursuant to chapter 3.2 of division 2 of the Health and Safety Code, a residential hospice, or a home health agency licensed pursuant to chapter 8 of division 2 of the Health and Safety Code, as long as any such use complies strictly with applicable law including, but not limited to, Health and Safety Code section 11362.5 and following. |
NON-MEDICAL MARIJUANA FACILITY: | Any building, facility, use, establishment, property, or location where any person or entity establishes, commences, engages in, conducts, or carries on, or permits another person or entity to establish, commence, engage in, conduct, or carry on, any activity that requires a State license or nonprofit license under Business and Professions Code sections 26000 and following, including, but not limited to, marijuana cultivation, marijuana distribution, marijuana transportation, marijuana storage, manufacturing of marijuana products, marijuana processing, the sale of any marijuana or marijuana products, and the operation of a marijuana microbusiness. |
OUTDOOR: | Any location within the City of Temple City that is not within a fully enclosed structure. Open patio covers or partially enclosed patio covers shall be considered "outdoor" for the purposes of this section. |
PREMISES: | A single, legal parcel of property. Where contiguous legal parcels are under common ownership or control, such contiguous legal parcels shall constitute a single "premise" for purposes of this section. |
PRIVATE RESIDENCE: | A legally existing house, apartment unit, mobile home, or other similar dwelling. A legally existing accessory structure located on the same legal parcel as a private residence shall be considered a part of that private residence. |
RESIDENTIAL STRUCTURE: | Any building or portion thereof legally existing which contains living facilities, including provisions for sleeping, eating, cooking and sanitation on a premises or legal parcel located within a zoning district authorizing such use and which may be legally occupied by persons. |
B. Prohibited Activities:
1. Medical marijuana dispensaries and non-medical marijuana facilities are prohibited in all zones in the city and shall not be established or operated anywhere in the city.
2. Except for personal marijuana cultivation in a private residence per subsections E through G of this section, marijuana cultivation and marijuana cultivation facilities are prohibited in all zones in the city and shall not be established or operated anywhere in the city.
3. Commercial marijuana activities are prohibited in all zones in the city and shall not be established or operated anywhere in the city.
4. No person may own, establish, open, operate, conduct, or manage any marijuana dispensary, non-medical marijuana facility, or marijuana cultivation facility in the city, or be the lessor of property where a marijuana dispensary, non-medical marijuana facility, or marijuana cultivation facility is located. No person may participate as an employee, contractor, agent, volunteer, or in any manner or capacity in any marijuana dispensary, non-medical marijuana facility, or marijuana cultivation facility in the city.
5. No use permit, site development permit, tentative map, parcel map, variance, grading permit, building permit, building plans, zone change, business license, certificate of occupancy or other applicable approval will be accepted, approved or issued for the establishment or operation of a marijuana dispensary, non-medical marijuana facility, or marijuana cultivation facility.
6. No person or entity may deliver or transport marijuana from any fixed or mobile location, either inside or outside the city, to any person or location in the city, except that a person may deliver or transport medical marijuana to a qualified patient or person with an identification card, as those terms are defined in Health and Safety Code section 11362.7, for whom he or she is the primary caregiver within the meaning of Health and Safety Code sections 11362.5 and 11362.7(d).
7. Nothing contained in this section shall be deemed to permit or authorize any use or activity which is otherwise prohibited by any state or federal law.
C. Enforcement: The city may enforce this section in any manner permitted by law. The violation of this section shall be and is hereby declared to be a public nuisance and contrary to the public interest and shall, at the discretion of the city, create a cause of action for injunctive relief.
D. Personal Marijuana Cultivation: Personal marijuana cultivation may only be conducted within private residences, and in compliance with subsections E through G of this section, and state law.
1. It shall be unlawful and a public nuisance for any person twenty- one (21) years of age or older who owns, leases, occupies, or has charge or possession of any private residence within any zoning district in the City of Temple City to cultivate marijuana for personal use except as provided for in subsections E through G of this section.
2. It shall be unlawful and a public nuisance for any person under twenty-one (21) years of age to cultivate marijuana.
E. Indoor Marijuana Cultivation in a Private Residence: the following is required before marijuana may be cultivated within a private residence.
1. Plant Limitation: Not more than a total of six (6) living marijuana plants may be planted, cultivated, harvested, dried, or processed inside a single private residence or inside an accessory structure located on the grounds where the private residence is located, at any one time.
2. Residency Requirement: Any person who cultivates marijuana for personal use shall reside full-time on the premises where the marijuana cultivation occurs.
3. Location and Use:
a. Primary residential structures used for marijuana cultivation shall always remain a residence, with legal and functioning cooking, sleeping, and sanitation facilities, with proper ingress and egress.
b. Cultivation shall not be permitted in rooms when it impedes the room's primary use, such as cooking of meals, sleeping, and bathing.
c. Any room or area being converted for the purposes of cultivating marijuana shall receive planning and building approval, and shall comply with all applicable Building, Mechanical, Electrical, Plumbing, and Fire Codes.
d. Cultivation shall not occur in carpeted areas or other areas deemed hazardous by the city's building official.
e. Cultivation shall be limited to a cumulative area totaling up to fifty (50) square feet.
f. Marijuana cultivation shall not occur in a garage that is required by this title. All required garage parking spaces must remain free and clear of marijuana cultivation equipment or living marijuana plants.
g. Any person who cultivates marijuana for personal use shall reside full-time on the premises where the marijuana cultivation occurs.
h. The private residence shall not be used primarily for marijuana cultivation.
i. A renter seeking to cultivate marijuana shall have written consent from the property owner.
j. Personal marijuana cultivation shall not be allowed in a residence if any of the following activities also occur on the premises - childcare center, community care facility, daycare center, youth center, group home, or any other facility caring for children that do not allow the cultivation of marijuana by law or policy.
k. Marijuana cultivation lighting shall not exceed a total of one thousand two hundred (1,200) watts for the cultivation area within the private residence.
l. The indoor use of generators and/or the indoor use of gas products, including, without limitation, carbon dioxide, butane, propane, and natural gas shall be prohibited for the cultivation of marijuana.
m. Marijuana cultivation shall not be conducted in such a manner as to emit detrimental odor outside of the private residence.
n. Marijuana cultivation shall require proper ventilation to prevent mold damage and to prevent marijuana odors or particles from being a public nuisance.
o. Marijuana cultivation shall not be hazardous due to use or storage of materials, processes, and products or wastes.
p. Marijuana cultivation shall not create dust, glare, heat, noise, smoke, traffic, vibration, or other impacts deemed a public nuisance.
q. Not more than a total of six (6) living marijuana plants may be planted, cultivated, harvested, dried, or processed inside a single private residence and/or inside an accessory structure located on the grounds where the private residence is located, at any one time.
r. Marijuana cultivation activities, including marijuana plants and equipment, shall not be allowed on balconies, patios, porches, and the like.
s. Marijuana cultivation activities, including marijuana plants and equipment, shall not be visible from the public right-of-way, private driveway, or fire lane.
4. Access and Security:
a. Marijuana cultivation areas shall have an adequate mechanical locking or electronic security system installed prior to marijuana cultivation.
b. Marijuana cultivation areas shall always remain secure and shall not be accessible to persons under twenty-one (21) years of age.
c. The living marijuana plants and any marijuana produced by the plants in excess of 28.5 grams shall be kept within the private residence or accessory structure located upon the premises, in a locked space, and not visible by normal unaided vision from a public view.
F. Outdoor Marijuana Cultivation: It shall be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any legal parcel or premises within any zoning district in the City of Temple City to cause, or allow such parcel or premises to be used for, the outdoor cultivation of marijuana or marijuana products. (Ord. 19-1036)