Crescent City City Zoning Code
CHAPTER 17
94 CANNABIS CULTIVATION FOR PERSONAL OR MEDICAL USE
§ 17.94.010 Findings.
A.
The city of Crescent City and other public agencies have reported adverse impacts from cultivation, including, but not limited to: disagreeable odors negative effects on physical, mental, and community health; violation of building codes and other land development codes; increased risk of burglary and other property crimes; and acts of violence in connection with the commission of such crimes or the occupants' attempts to prevent such crimes.
B.
The creation of persistent strong odors as cannabis plants mature and flower is offensive to many people, results in complaints of respiratory problems, and generally creates an attractive nuisance by alerting persons, including children, to the location of valuable cannabis plants and creating an increased risk of crime.
C.
Children are particularly vulnerable to the effects of cannabis use, and the presence of cannabis plants is an attractive nuisance for children, creating an unreasonable hazard in areas frequented by children including schools, parks, and other similar locations. Further, the potential for criminal activities associated with cannabis cultivation in such locations poses heightened risks that children will be involved or endangered.
D.
The indoor cultivation of substantial amounts of cannabis within a residence presents potential health and safety risks to those living in the residence, especially children, including, but not limited to, increased risk of fire from grow light systems; potential adverse effects on the structural integrity of a building; exposure to fertilizers, pesticides, and anti-fungus/mold agents; and exposure to potential property crimes targeting the residence.
E.
The production of concentrated cannabis and extraction of compounds from cannabis using alcohol or flammable liquids or gases has caused numerous fires and explosions throughout California causing injury to both people and property.
F.
The right of qualified patients and their primary caregivers under state law to cultivate cannabis plants for medical purposes does not confer upon them the right to create or maintain a public nuisance. By limiting the cultivation area for indoor medical cannabis cultivation to a single space no larger than fifty square feet in a single room and limiting cannabis plants to a single layer, the city anticipates a reduction in the negative secondary effects of unfettered growing such as odor, fire, crime, and pollution.
G.
Limiting the area of indoor cultivation to fifty square feet is necessary because the lights and electricity required by cultivation areas larger than fifty square feet are likely to exceed the wattage supported by a typical household light and receptacle circuit, thereby creating an unreasonable risk to public health, safety, and welfare and a public nuisance through the hazard of fire and overloading of circuits.
H.
Prohibiting the outdoor cultivation of cannabis is necessary because outdoor cannabis cultivation would create an unreasonable risk of causing a public nuisance.
I.
Limiting the number of medicinal cannabis plants or medicinal cannabis cultivation space available to a qualified patient or primary caregiver is not intended to preclude a qualified patient or primary caregiver from obtaining through dispensaries, collectives, or other legal means additional medicinal cannabis that the qualified patient needs for his or her reasonable medical use.
J.
Limiting the number of personal cannabis plants cultivated indoors for personal use and the total wattage of lights used for cultivation is necessary because cultivating cannabis plants in excess of six plants and with unlimited total wattage would create an unreasonable risk of fire danger caused by high-wattage grow lights and excessive use of electricity.
K.
Requiring indoor cultivation to be secured in a locked space increases the possibility that cannabis grown for purposes that are legal under state law remains secure and will not be distributed to minors or in illicit markets.
L.
By limiting the amount of medicinal cannabis that a qualified patient or primary caregiver may possess to up to eight ounces, or the amount that is reasonably related to the qualified patient's current medical needs, the city seeks to reduce the harms that come with possession of larger amounts, including illegal sales, accompanying crimes, and illegal cultivation practices.
M.
It is the purpose and intent of this chapter to implement state law by providing a means for regulating the cultivation of medicinal and personal use cannabis in a manner that is consistent with state law and which balances the needs of medical patients and their caregivers and the interests of personal use cultivators, while promoting the health, safety, and welfare of the residents and businesses within the incorporated city of Crescent City. This chapter is intended to prohibit the cultivation of cannabis by anyone for any purpose other than by a qualified patient, primary caregiver, or personal use cultivator cultivating in strict compliance with this chapter, and applicable state law. This chapter is not intended to prohibit persons from exercising any right otherwise granted by state law, including, but not limited to, Proposition 215, Senate Bill 420, Proposition 64, and Senate Bill 94. Rather, the intent and purpose of this chapter is to establish reasonable regulations upon the manner in which cannabis for medicinal or personal purposes may be cultivated, including restrictions on the amount of cannabis that may be cultivated in any location or premises, in order to protect the public health and safety.
N.
The limited right of qualified patients and their primary caregivers and personal use cultivators under state law to cultivate cannabis plants for medicinal purposes or personal use does not confer the right to create or maintain a public nuisance. By adopting the regulations in this ordinance, the city will achieve a significant reduction in the aforementioned harms caused or threatened by unregulated cultivation of cannabis in the city of Crescent City.
O.
Nothing in this chapter may be construed to allow the cultivation of cannabis for purposes other than medicinal and personal use, or allow any activity relating to the cultivation, distribution, or consumption of cannabis that is illegal under state law.
(Ord. 803 § 3, 2018)
§ 17.94.020 Definitions.
As used in this chapter, the following terms and phrases are defined as follows:
will have the same meaning as in California Health and Safety Code Section 11018, as amended from time to time. Cannabis, medicinal cannabis, and the cultivation thereof, as defined in this chapter, is not to be considered an agricultural activity, operation or facility under California Civil Code Section 3482.5.
means the planting, growing, harvesting, drying, curing, grading, or trimming of one or more cannabis plants or any part thereof.
means a building completely detached from a residence that complies with the California Building Code and has a complete roof, a foundation, slab, or equivalent base to which the floor is secured by bolts or similar attachments, is secure against unauthorized entry, and is accessible only through one or more lockable doors. Walls and roofs must be constructed of solid materials that cannot be easily broken through, such as two-inch by four-inch or thicker studs overlaid with three-eighths-inch or thicker plywood or the equivalent. Exterior walls must be constructed with nontransparent material. Plastic sheeting, regardless of gauge, or similar products do not satisfy this requirement.
means within a fully enclosed and secure structure, including any attached or detached accessory structure that complies with the California Building Code. The structure must be secure against unauthorized entry, accessible only through one or more lockable doors and may be constructed of any approved building materials.
means any parcel of real property that may be separately sold in compliance with the Subdivision Map Act (California Government Code Section 66410 et seq.).
means any location that is not indoor within a fully enclosed and secure structure and includes shade structures.
means any playground, hiking or riding trail, recreation area, community center, or historic structure that is owned, managed, operated, or controlled by any public entity.
means the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis, done or performed by an adult for non-medical, personal, non-commercial purposes, pursuant to Health and Safety Code Section 11362.2.
means a primary caregiver as defined in California Health and Safety Code Section 11362.7(d).
means a qualified patient as defined in California Health and Safety Code Section 11362.7(f).
means the place where an individual has his or her true, fixed, permanent home and principal establishment, and to which place he or she has, whenever absent, the intention of returning.
means any building or portion thereof legally existing which contain living facilities, including provisions for sleeping, eating, cooking, and sanitation on a legal parcel approved for residential use.
(Ord. 803 § 3, 2018)
§ 17.94.030 Cannabis cultivation-Prohibited-Exemptions.
A.
Outdoor cultivation of cannabis is prohibited in the incorporated city of Crescent City.
B.
Indoor cultivation of cannabis is prohibited in the incorporated city of Crescent City.
C.
Exemption for indoor medicinal cannabis cultivation. This section does not apply to the cultivation of medicinal cannabis by a qualified patient or primary caregiver at any residence on a legal parcel where the qualified patient or primary caregiver resides, provided that the cultivation is performed in strict compliance with the regulations of this chapter and applicable state law.
D.
Exemption for indoor personal cannabis cultivation. This section does not apply to the indoor cultivation of cannabis for personal use at any residence on a legal parcel where the personal use cultivator resides, provided that, the cultivation is performed in strict compliance with the regulations of this chapter and applicable state law.
(Ord. 803 § 3, 2018)
§ 17.94.040 Medicinal cannabis cultivation-Regulations.
A.
Medicinal cannabis cultivation by a qualified patient or primary caregiver at any residence on a legal parcel where the qualified patient or primary caregiver resides and is limited to indoor cultivation, provided that, the cultivation is performed in strict compliance with Section 17.94.060 and applicable state law.
B.
No odors caused by any activity associated with the cultivation of indoor medicinal use cannabis may be detectable from a public place.
C.
No medicinal cannabis cultivated under this chapter may be distributed to any person other than the qualified patient cultivating the medicinal cannabis or the qualified patient of a primary caregiver cultivating the medicinal cannabis.
D.
The primary caregiver or qualified patient may store or possess on a legal parcel no more than eight ounces or the amount that is reasonably related to the qualified patient's current medical needs. All storage of dried and/or processed cannabis must be secured in a locked space, in a manner that will prevent unauthorized access by children.
E.
No medicinal cannabis may be cultivated outdoors.
(Ord. 803 § 3, 2018)
§ 17.94.050 Personal use cannabis cultivation-Regulations.
A.
Personal use cannabis cultivation is allowed at any residence on a legal parcel where the personal use cultivator resides and is limited to indoor cultivation performed in strict compliance with Section 17.94.060 and applicable state law.
B.
No odors caused by any activity associated with the cultivation of indoor personal use cannabis may be detectable from a public place.
C.
No personal use cannabis cultivated under this chapter may be distributed to any person other than the personal use cultivator. This provision does not apply to the following transactions made lawful under Health and Safety Code Section 11362.1:
1.
Individuals who are twenty-one years of age or older may give away to persons twenty-one years of age or older, without any compensation whatsoever, not more than twenty-eight and one-half grams of cannabis, provided that the cannabis is not in the form of concentrated cannabis.
2.
Individuals who are twenty-one years of age or older may give away to persons twenty-one years of age or older, without any compensation whatsoever, not more than eight grams of cannabis in the form of concentrated cannabis, including as contained in cannabis products.
D.
A personal use cultivator may cultivate not more than six living plants at one time. The living plants and any cannabis produced by the plants in excess of twenty-eight and one-half grams must be secured in a locked space.
E.
No personal use cannabis may be cultivated outdoors.
(Ord. 803 § 3, 2018)
§ 17.94.060 Additional regulations for indoor cannabis cultivation.
In addition to the regulations specified in Sections 17.94.040 and 17.94.050, the following regulations apply to any qualified patient, primary caregiver, or cultivator of personal use cannabis performing indoor cultivation:
A.
Cultivation in a residence must be limited to a single space in a single room. The single space in the single room may be no larger than fifty square feet. All cannabis plants cultivated indoors must be arranged in a single layer. This limit will apply notwithstanding the number of qualified patients, primary caregivers, and/or personal use cultivators residing at the residence.
B.
Indoor cultivation must be secured in a locked space, in a manner that will prevent unauthorized access by children. Doors must be operable from inside the space at all times whether the doors are locked or unlocked.
C.
The drying, processing, and/or storage of medicinal or personal use cannabis must be limited to a single room within the residence where the cultivation occurs and must be secured in a locked space, in a manner that will prevent unauthorized access by children. Doors must be operable from inside the space at all times whether the doors are locked or unlocked.
D.
Exits, including emergency egress windows or doors, required by the California Building Code and/or the California Residential Code, may not be obstructed.
E.
Any lighting used must be designated for residential use in accordance with requirements of the California Electrical Code.
F.
All electrical systems involved in personal use cannabis cultivation must be permitted, used, and installed pursuant to all applicable ordinances, laws, and regulations. The total wattage for all lights used for cultivation must not exceed one thousand two hundred watts. All lights used for cultivation must be plugged directly into a wall outlet. The number and wattage of lights used must not exceed the design capacity of the electrical system's circuits.
G.
The extraction of chemical compounds from cannabis by way of a solvent-based extraction method utilizing compressed flammable gases or alcohol is strictly prohibited.
H.
Gas products (including, but not limited to, CO2, butane, propane, and natural gas) or generators may not be used in any room used for cannabis cultivation.
I.
Any detached, fully enclosed and secure structure or residential structure used for the cultivation of cannabis must have a ventilation and filtration system that prevents marijuana plant odors form exiting the interior of the structure and that comply with California building code Section 402.3 Mechanical Ventilation. The ventilation and filtration system must be inspected and approved by the building official and installed prior to the commencing cultivation within the detached, fully enclosed and secure structure or residential structure.
J.
A detached, fully enclosed and secure structure used for the cultivation of cannabis must be located in the rear yard area of a legal parcel, maintain a minimum ten-foot setback from any property line, and the rear yard area surrounding the structure must be enclosed by a solid fence at least six feet in height.
K.
A detached fully enclosed and secure structure used for cannabis cultivation may not exceed one hundred twenty square feet in size.
L.
Cannabis cultivation may not occur in both a detached structure and a residence on the same parcel.
M.
Any modifications, alterations, or improvements made to the residence or property where medicinal cannabis cultivation occurs must be permitted and performed pursuant to all applicable ordinances, laws, and regulations.
(Ord. 803 § 3, 2018)
§ 17.94.070 Enforcement.
§ 17.94.080 Public nuisance.
Any violation of this chapter is hereby declared a public nuisance and may be abated by the city pursuant to Title 8 of this code.
(Ord. 803 § 3, 2018)
§ 17.94.090 Separate offense for each day.
Any person who violates any provision of this chapter will be guilty of a separate offense for each and every day during which any person commits, continues to permit, or causes a violation thereof.
(Ord. 803 § 3, 2018)
§ 17.94.100 Criminal penalties.
Any violation of any provision of this chapter may be prosecuted as a misdemeanor.
(Ord. 803 § 3, 2018)
§ 17.94.110 Administrative remedies.
In addition to the civil remedies and criminal penalties set forth above, any violation of this chapter may be subject to administrative remedies, as set forth by Chapter 1.24.
(Ord. 803 § 3, 2018)
§ 17.94.120 Other ordinance code provisions.
Notwithstanding this chapter, the city, its employees, agents, and officers have the authority to pursue any and all applicable remedies for any other violations of any local, state, or federal law.
(Ord. 803 § 3, 2018)