It is the purpose and intent of this section to regulate the use of land in relation to the cultivation, manufacturing, testing, distribution, transportation, delivery, dispensing, retail sale, and personal adult use of medicinal Cannabis and non-medicinal Cannabis within the City of Del Rey Oaks. This Chapter is prepared in accordance with the Compassionate Use Act of 1996 (CUA), the Medical Marijuana Program Act (MMPA), and the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) (collectively, "State law"), which give local jurisdictions the authority to establish land use regulations related to the personal and commercial uses of Cannabis. It is the intent of the City to allow personal cultivation at residential properties within City boundaries, subject to approval of special permitting, terms, conditions, confirmation of a State issued license, and in accordance with the provisions of this Chapter.

Nothing in this chapter shall be construed to: (1) allow persons to engage in conduct that endangers others or causes a public nuisance, or (2) allow any activity relating to the cultivation, manufacturing, testing, distribution, transportation, or use of Cannabis that is otherwise illegal under California state law.

(Ord. No. 289, § 3, 10-24-2017)

Unless the particular provision or context otherwise requires, the definitions and provisions contained in Section 5.20.020 shall govern the construction, meaning, and application of words and phrases used in this chapter.

(Ord. No. 289, § 3, 10-24-2017)

A. In addition to receiving a City Commercial Cannabis Business permit, City business license, and license from the State Bureau of Cannabis Control, State Department of Food and Agriculture, and/or the State Department of Public Health, all Commercial Cannabis Businesses are required to obtain a Conditional Use Permit from the Planning Commission prior to the operation within the City.

B.

Building permits for improvements associated with a Commercial Cannabis Business may be issued once an applicant has obtained approval of a Conditional Use Permit; however, a Certificate of Occupancy to operate will not be issued until said Commercial Cannabis Business has obtained and provided the City proof of a license issued by the State Bureau of Cannabis Control, when such licenses are being issued by the State.

(Ord. No. 289, § 3, 10-24-2017; Ord. No. 296, § 4, 3-26-2019)

Nothing in this Chapter shall be construed to interfere with the right to personal use and indoor cultivation of Cannabis pursuant to State Law.

(Ord. No. 289, § 3, 10-24-2017)

Commercial Cannabis Businesses are permitted in the City's "C," "C-1," "C-1-D" and "C-1-V" Zoning Districts.

(Ord. No. 289, § 3, 10-24-2017)

Outdoor commercial cultivation of Cannabis within the City is prohibited. Indoor Commercial Cultivation is permitted and subject to the regulations of Del Rey Oaks Municipal Code section 5.20.080. All personal outdoor cultivation is subject to the regulations of Del Rey Oaks Municipal Code section 5.20.080, as it may be amended from time to time. Indoor and outdoor personal cultivation shall not require a Conditional Use Permit.

(Ord. No. 289, § 3, 10-24-2017; Ord. No. 296, § 5, 3-26-2019)

Editor's note— Ord. No. 296, § 5, adopted March 26, 2019, amended the title of § 17.60.060 to read as herein set out. The former § 17.60.060 pertained to commercial cultivation prohibited; personal outdoor cultivation prohibited.

A. The issuance of a Conditional Use Permit for the operation of a Commercial Cannabis Business may be denied, and an existing permit may be revoked or suspended, if the permittee or applicant:

1.

Has knowingly made false statements in the applicant's application or in any reports or other supporting documents furnished by the applicant.

2.

Has been convicted of any offense related to the use, sale, possession or transportation of narcotics or habit-forming drugs.

3.

Failed to pay required taxes and business license fees.

4.

Failure to maintain a valid State issued license from the Bureau of Cannabis Control.

5.

Has failed to comply with the conditions imposed on the Conditional Use Permit.

6.

Has violated any provision of this chapter.

B.

The denial, revocation, or suspension of a Conditional Use Permit by the Planning Commission under this chapter shall be appealable to the City Council. Such appeal shall be made within ten days of the determination by the Planning Commission. The appeal shall be heard by the City Council not later than 45 days from its filing with the City Manager. No appeal shall be deemed to be filed unless a required fee, which shall be established by the City Council, is submitted to the City Manager with the notice of appeal.

(Ord. No. 289, § 3, 10-24-2017)