A.

By adoption of this chapter, with the exception of deliveries into the city of Arroyo Grande by state licensed cannabis retailers, it is the city council's purpose and intent to: prohibit commercial cannabis activity, including but not limited to medical cannabis dispensaries, cooperatives and collectives; outdoor cultivation of cannabis; and manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, or sale of cannabis and cannabis products, and the location of premises for retail or non-storefront retail cannabis businesses; and to reasonably regulate the ability of individuals to cultivate not more than six cannabis plants indoors for personal noncommercial use, as permitted by the Adult Use of Marijuana Act (AUMA, Proposition 64), and Health and Safety Code Sections 11362.1 and 11362.2. These regulations are adopted pursuant to the AUMA and the city of Arroyo Grande's authority under Article XI, Section 7 of the California Constitution, in order to promote the health, safety, and general welfare of the residents and businesses within the city of Arroyo Grande and prevent adverse impacts which such activities may have on nearby properties and residents.

B.

Pursuant to the city of Arroyo Grande's police powers authorized in Article XI, Section 7 of the California Constitution, the city has the power to regulate permissible land uses within its boundaries and to enact regulations for the preservation of public health, safety and general welfare of its residents and community. Further, pursuant to Government Code Sections 38771 through 38775, the city also has the power through the city council to declare actions and activities that constitute a public nuisance.

(Ord. No. 687, § 2, 10-10-2017; Ord. No. 694, § 2, 8-14-2018)

The provisions of this chapter shall apply generally to all property within the boundaries of the city wherein any of the conditions herein specified are found to exist. However, nothing in this chapter is intended, nor shall it be construed, to burden any defense to criminal prosecution under the provision of state law relating to the use of medical cannabis.

(Ord. No. 687, § 2, 10-10-2017)

The chief of police, or the chief's designee and/or the director of community development, or the director's designee, are charged with the responsibility of administering this chapter and exercising the authority conferred thereby.

(Ord. No. 687, § 2, 10-10-2017)

Consistent with the definitions set forth in state laws relating to cannabis, including but not limited to the Medicinal and Adult-Use Cannabis Regulation and Safety Act (Business and Professions Code Sections 26000 et seq.), the following words shall have the following meaning:

"Accessory structure" means a legally existing fully enclosed detached structure no larger than 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.

"Cannabis" means all parts of the plant genus Cannabis savita Linnaeus, Cannabis indica, or Cannabis ruderalis, 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, and includes "cannabis", "medical cannabis", "cannabis product" and "medical cannabis product", as otherwise defined in Business and Professions Code Sections 26001(f) and (ai).

"Commercial cannabis activity" means any cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis or cannabis products, including but not limited to medical cannabis cooperatives and collectives.

"Cultivation" shall have the meaning as set forth in Business and Professions Code Section 26001(l) and also means the planting, growing, harvesting, drying, processing or storage of one or more cannabis plants or any part thereof in any location, indoor or outdoor, including a fully enclosed and secure building.

"Delivery" shall have the meaning as set forth in Business and Professions Code Section 26001(p) (m).

"Dispensary" shall mean any facility, location, establishment or similar entity that cultivates, distributes, delivers, supplies or processes cannabis for medical purposes relating to a qualified patient or primary caregiver, pursuant to state law and in accordance with Health and Safety Code Section 11362.5 et seq. A dispensary shall include a dispensing collective or cooperative and shall include a mobile dispensary and delivery service.

"Primary caregiver." This shall have the meaning set forth in Health and Safety Code Section 11362.7(d).

"Qualified patient." This shall have the meaning set forth in Health and Safety Code Section 11362.7(f).

(Ord. No. 687, § 2, 10-10-2017)

A.

Except for limited indoor cultivation for personal use as provided in subsection C. herein and as permitted by Health and Safety Code Section 11362.2, no person or persons owning, leasing, occupying, or having charge or possession of any parcel of real property in the city of Arroyo Grande, including primary caregivers and qualified patients, collectives, cooperatives or dispensaries, shall allow such parcel to be used for the cultivation of cannabis. Cultivation of cannabis in violation of this chapter within the city of Arroyo Grande for any purpose is prohibited, and is expressly declared to be a public nuisance.

B.

The prohibition contained in this section is intended to constitute an express prohibition on all outdoor and indoor cultivation of cannabis in the city of Arroyo Grande, except for limited indoor cultivation for personal use.

C.

The limited indoor cultivation of six or fewer live cannabis plants for personal use is permitted within a private residence, or inside an accessory structure to a private residence located upon the grounds of a private residence that is fully enclosed and secure, subject to the following restrictions and standards, and only to the extent such cultivation is authorized by state law:

1.

Pursuant to Health and Safety Code Section 11362.2, "private residence" means a house, an apartment unit, a mobile home, or other similar dwelling. A total of six living plants may be planted, cultivated, harvested, dried, or processed at a single private residence at one time.

2.

No more than fifty (50) contiguous square feet of the interior of the private residence, shall be devoted to the cultivation of cannabis. The cannabis plants being cultivated shall not exceed ten (10) feet in height.

3.

The area used for cultivation shall comply with California Building, Electrical and Fire Codes as adopted by city of Arroyo Grande.

4.

The cannabis cultivation shall be concealed so that it is not visible from the exterior of the property, the public right-of-way, and/or neighboring properties.

5.

The lighting for the cultivation shall not exceed twelve hundred (1,200) watts. The use of flammable or combustible products, including but not limited to, propane and butane for cultivation and processing is prohibited. If cultivation is in an accessory structure, light shall not emanate or be visible from outside the accessory structure.

6.

The cannabis cultivation shall not adversely affect the health or safety of the occupants of other properties in the vicinity by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration or other impacts and shall not be maintained in a manner so as to constitute a hazard due to use or storage of materials, processes, products or wastes.

7.

Nothing in this subsection is intended, nor shall it be construed, to preclude any landlord from limiting or prohibiting cannabis cultivation by tenants.

(Ord. No. 687, § 2, 10-10-2017)

A.

Except as provided in Section 16.62.070 related to deliveries into the city of Arroyo Grande, all commercial cannabis activity, including but not limited to medical cannabis collectives, cooperatives and dispensaries (including mobile dispensaries), cultivation, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, or sale of cannabis and cannabis products, and the location of premises for any retail or non-storefront retail cannabis businesses, are not permitted in or upon any premises in the city of Arroyo Grande.

B.

A medical cannabis dispensary shall not include the following uses, so long as such uses comply with this code, Health and Safety Code Section 11362.5 et seq., and other applicable law:

1.

A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code.

2.

A health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code.

3.

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.

4.

A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code.

5.

A hospice or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code.

(Ord. No. 687, § 2, 10-10-2017; Ord. No. 694, § 3, 8-14-2018)

It shall be unlawful for any person to deliver cannabis or cannabis products or engage in activities that constitute delivery of cannabis or cannabis products anywhere within the boundaries of in the city of Arroyo Grande, except for cannabis retail businesses with physical premises located outside of the city of Arroyo Grande that are licensed by the State Bureau of Cannabis Control. Notwithstanding any provision of this chapter, nothing herein is intended to prohibit the transportation of cannabis or cannabis products on public roads by a licensee duly licensed and acting in compliance with Division 10 of the Business and Professions Code (Business and Professions Code Sections 26000 et seq.).

(Ord. No. 687, § 2, 10-10-2017; Ord. No. 694, § 4, 8-14-2018)

A.

Any person that violates any provision of this chapter shall be guilty of a separate offense for each and every day during any portion of which any such person commits, continues, licenses, or causes a violation thereof, and shall be punished accordingly.

B.

A violation of any provision of this chapter shall be subject to any enforcement remedies available under the law and/or the Arroyo Grande Municipal Code. In addition, the city may enforce a violation of this chapter by means of civil enforcement through a restraining order, a preliminary or permanent injunction, nuisance abatement procedures, or by any other means authorized by law. Notwithstanding any other provision of this code, no conduct which is protected from criminal prosecution pursuant to the Compassionate Use Act (Health and Safety Code Sections 11362.5) and/or the Medical Marijuana Program Act (Health and Safety Code Sections 11362.7—11362.85) shall be made subject to criminal prosecution by this code. Violation of any provision in this chapter is a misdemeanor unless the city attorney authorizes issuance of an infraction citation or files a complaint charging the offense as an infraction; or the court, upon the prosecutorial recommendation of the city attorney, determines that the offense is an infraction.

(Ord. No. 687, § 2, 10-10-2017)