For the purposes of this article, the following definitions shall apply, unless the context clearly indicates otherwise. If a word is not defined in this chapter, the common and ordinary meaning of the word shall apply.

A.

Authorized grower means a person 21 years and older who is authorized by, and in compliance with, federal or state law to cultivate cannabis indoors for personal or medical use. Authorized grower also means a person 18 years and older who is a qualified patient, as that term is described in § 11362.77 of the Health and Safety Code.

B.

Cannabis shall mean any or all parts of the plant Cannabis sativa linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not, the seeds thereof, the resin or separated 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, including cannabis infused in foodstuff or other ingestible or consumable product containing cannabis. The term "cannabis" shall also include "medical cannabis" as defined in California Health and Safety Code § 11362.5, "medicinal cannabis" and "medicinal cannabis product" as defined in California Business and Professions Code § 26001(ai), and "cannabis product" as defined in § 11018.1 of the Health and Safety Code. The term "cannabis" shall not include "industrial hemp" as that term is defined in § 11018.5(a) of the Health and Safety Code, including industrial hemp-derived cannabidiol, or any substance described in § 11150.2 of the Health and Safety Code.

C.

Cannabis dispensary means any business, office, store, facility, location, retail storefront, or wholesale component of any establishment, cooperative or collective that delivers, dispenses, distributes, exchanges, transmits, transports, sells or provides cannabis to any person for any reason, including members of any medical cannabis cooperative or collective consistent with the purposes set forth in California Health and Safety Code § 11362.5, or as may be amended.

D.

Cannabis products shall have the same meaning as in § 11018.1 of the Health and Safety Code.

E.

Commercial cannabis activity includes the commercial cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, wholesale of cannabis and cannabis products, retail sale of cannabis and cannabis products, or delivery of cannabis or cannabis products.

F.

Commercial cannabis facility means a building, or portion thereof, used for commercial cannabis activity in compliance with the Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA," Business and Professions Code § 26000, et seq.)

G.

Cultivation means the planting, growing, harvesting, drying, or processing of cannabis plants or any part thereof as provided for in Business and Professions Code § 26001(1).

H.

Day care center shall have the same meaning as § 1596.76 of the Health and Safety Code.

I.

Delivery means the commercial transfer of cannabis or cannabis products up to an amount determined by the Bureau of Cannabis Control, as defined in § 26001(p) of the Business and Professions Code. "Delivery" also means the commercial transfer of cannabis or cannabis products to a primary caregiver or qualified patient as defined in § 11362.7 of the California Health and Safety Code. "Delivery" also includes the use by a dispensary, or any technology platform owned and controlled by the dispensary or independently licensed that enables qualified patients or primary caregivers to arrange for or facilitate the commercial transfer by a licensed dispensary of medical cannabis or medical cannabis products.

J.

Greenhouse means a structure designed and constructed primarily for raising and protecting vegetation.

K.

Identification card shall have the same meaning as in § 11362.7(g) of the Health and Safety Code.

L.

Immature cannabis plant means a cannabis plant that has no flowers and that is a seedling or start shorter than 18 inches.

M.

Indoor cultivation means cultivation within an enclosed structure that can be secured from access by means of a lock.

N.

Legal parcel means any parcel of real property that may be separately sold in compliance with the Subdivision Map Act (Gov. Code § 66410, et seq.).

O.

Mature cannabis plant means a cannabis plant that has flowers or that is taller than 18 inches.

P.

Manufacture shall have the same meaning as in § 26001(ag) of the Business and Professions Code.

Q.

Medical cannabis means cannabis used for medical purposes in accordance with the Compassionate Use Act (Health and Safety Code § 11362.5) and the Medical Cannabis Program Act (Health and Safety Code § 11362.7, et seq.)

R.

Mobile cannabis dispensary means any clinic, cooperative, club, business, group, or person which transports or delivers, or arranges the transportation or delivery, of cannabis or cannabis products to a person or entity.

S.

Outdoor cultivation means any cultivation not within an enclosed structure.

T.

Person with an identification card shall have the same meaning as in § 11362.7(c) of the Health and Safety Code.

U.

Premises means a single, legal parcel of property. Where contiguous legal parcels are under common ownership or control, such contiguous legal parcels shall constitute a single "premises" for purposes of this chapter.

V.

Primary caregiver shall have the same meaning as in § 11362.5(e) of the Health and Safety Code.

W.

Qualified patient shall have the same meaning as in § 11362.7(f) of the Health and Safety Code.

X.

Residential structure means 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 residential zoning district.

Y.

Smoking means inhaling, exhaling, burning or carrying any lighted combustible substance containing cannabis in any manner or in any form and use of electronic devices with electrical ignition or vaporization (e-cigarettes/cigars or similar devices) with cannabis or its byproducts in the device.

Z.

Testing laboratory shall have the same meaning as in § 26001(as) of the Business and Professions Code.

(Ord. No. 2019-11, § 3, 1-28-2020)

A.

Indoor cultivation for personal use in accordance with this article shall only be permitted in R one-family residential districts, and RM multi-family residential districts.

B.

Indoor cultivation for personal use is permitted in residential structures and greenhouses located in R one-family residential districts, and RM multi-family residential districts.

C.

Indoor cultivation of no more than six mature or 12 immature cannabis plants for personal use shall be permitted in residential areas subject to the following conditions:

1.

There shall be no exterior visibility or evidence of the indoor cultivation from the public right-of-way, including, but not limited to, any cannabis plants, equipment used in the growing and cultivation operation, and any light emanating from cultivation lighting.

2.

Grow lights used for indoor cultivation shall not exceed 1,200 watts each and shall comply with the California Building, Electrical, and Fire Codes as adopted by the city. Gas products (including, without limitation, butane, propane, and natural gas), or generators shall not be used within any detached structure used for the cultivation of cannabis.

3.

The residential structure or greenhouse used for personal indoor cultivation shall have a ventilation and filtration system installed that shall prevent cannabis plant odors from exiting the interior of the structure and that shall comply with California Building Code § 402.3, Mechanical Ventilation, as now existing or hereafter amended.

4.

The residential premises used for personal indoor cultivation shall have a fully functional and usable kitchen, bathroom, and bedroom areas for their intended use by the resident grower, and the premises shall not be used primarily or exclusively for cannabis cultivation.

5.

The authorized grower shall reside full-time in the residence where the cannabis cultivation occurs.

D.

Commercial cannabis activity is prohibited in residential zones.

(Ord. No. 2019-11, § 3, 1-28-2020)

It is unlawful, a public nuisance, and a violation of this article for any person owning, leasing, occupying, or having charge or possession of any parcel within any zoning district in the city to cause or allow such premises to be used for outdoor cultivation.

(Ord. No. 2019-11, § 3, 1-28-2020)

A.

Indoor cultivation without a cultivation permit. It is unlawful, a public nuisance, and a violation of this article for any person owning, leasing, occupying, or having charge or possession of any parcel within any zoning district in the city to cause or allow such premises to be used for indoor cultivation without a cultivation permit.

B.

Number of permits per residence. Only one permit shall be allowed per residence.

C.

Permit requirements. The following information will be required with the initial permit application and subsequent permit extensions:

i.

The physical site address of where the cannabis will be cultivated.

ii.

The name of each person owning, leasing, occupying, or having charge of any legal parcel or premises where cannabis will be cultivated.

iii.

Property owner's written consent to the cultivation of cannabis at the premises, if different from the authorized grower.

D.

Permit duration. The initial permit shall be valid for three years, and thereafter may be extended in increments of three years upon the determination by the city manager or his or her designee, to ensure the standards and conditions set forth in this article are being met.

E.

Adjudication of permits. The city manager or his or her designee may deny an application for a cannabis cultivation permit, or extension thereof, that does not demonstrate satisfaction of the minimum requirements of this chapter and state law.

F.

Permit fees. The city may establish, by resolution, a fee or fees required to be paid upon filing an application for permit(s) as provided by this chapter, which fees shall not exceed the reasonable cost of administering this chapter.

(Ord. No. 2019-11, § 3, 1-28-2020)

It is unlawful and a public nuisance to use any legal parcel or premises for commercial cannabis activity within 600 feet of any school or day care center. Six hundred feet shall be measured from the closest property line of the school or day care center to the closest property line of the parcel upon which commercial cannabis activity will take place.

(Ord. No. 2019-11, § 3, 1-28-2020)

Subject to § 2305 and article 14, commercial cannabis facilities may only be established in C commercial and PDI planned industrial districts as set forth in this section. In addition to the requirements set forth in article 14, all commercial cannabis facilities used for commercial cannabis activity shall be subject to the following additional conditions:

A.

Commercial cannabis facilities shall require a development agreement approved by the city council prior to operation.

B.

Prior to commencing operation of commercial cannabis activity, a public safety and security plan for every commercial cannabis facility that is reviewed and approved by the city.

C.

Reserved.

D.

Commercial cannabis facilities shall have a ventilation and filtration system installed that shall prevent cannabis plant odors from exiting the interior of the structure and that shall comply with California Building Code § 402.3, Mechanical Ventilation, as now existing or hereafter amended.

E.

Commercial cannabis facilities shall not be accessible to persons under 21 years of age, except that commercial cannabis facilities licensed to sell medicinal cannabis shall be accessible to persons 18 years of age or older who possess a valid government-issue identification card and either a valid county-issued identification card under § 11362.712 of the Health and Safety Code or a valid physician's recommendation for himself or herself or for a person for whom he or she is a primary caregiver.

(Ord. No. 2019-11, § 3, 1-28-2020)

A.

Conditional use permit required. All commercial cannabis facilities within the city shall require a conditional use permit.

1.

Conditional use permit applications. An application and accompanying materials shall be submitted to the planning department. The application and accompanying materials shall be in the form required by the planning department and shall satisfy all information requirements contained in the checklist maintained by the planning department.

2.

Duration of conditional use permit. Any conditional use permit issued by the city pursuant to this section shall be valid for five years from the date of issuance. Conditional use permits issued pursuant to this section may be extended in increments of one year. Such extensions are discretionary and subject to the owner of a commercial cannabis facility complying with all substantive and procedural requirements imposed by the city. Furthermore, the city retains the right to deny any application for a conditional use permit for a commercial cannabis facility, or extension of a conditional use permit, where it finds that the issuance of such permit or extension does not demonstrate satisfaction of the minimum requirements of this chapter.

3.

Termination of conditional use permit. Notwithstanding any other provision in the city's Municipal Code, conditional use permits issued for commercial cannabis facilities shall automatically be considered revoked if:

i.

The owner of the commercial cannabis facility attempts to transfer the commercial cannabis facility to another individual not named in the conditional use permit application as an owner or person in charge;

ii.

The commercial cannabis facility ceases to operate at the premises described in the conditional use permit application; or

iii.

The commercial cannabis facility ceases to operate for 60 consecutive calendar days.

4.

Transfer of conditional use permits. The city manager shall have the authority to transfer conditional use permits from one owner to another owner where the owner of a commercial cannabis facility seeks to transfer their interest to another party.

5.

Conditional use permit application fee. Prior to the city reviewing any application for a conditional use permit for commercial cannabis facilities, the applicant shall pay a fee to the city in an amount to be set by resolution of the city council.

6.

Enforcement. In the event the city discovers the requirements of a development agreement or conditions of a conditional use permit have not been, or are not being, complied with, the city may commence revocation of the conditional use permit. The city shall give the owner of the commercial cannabis facility notice of the city's intention to revoke the conditional use permit at least ten days prior to the planning commission considering the revocation of the conditional use permit. Conditional use permits for commercial cannabis facilities may only be revoked by the city's planning commission.

B.

General regulations. The following regulations shall apply to all commercial cannabis facilities:

1.

On-premises cannabis use. Cannabis may not be inhaled, smoked, eaten, ingested, or otherwise consumed on the premises or in the parking areas of a commercial cannabis facility, unless such on-premises use is specifically authorized through a conditional use permit.

2.

Visibility from public right-of-way. Cannabis or cannabis products on the premises shall not be visible from the public right of way, the unsecured areas surrounding the buildings on the premises, or the premises' main entrance and lobby.

3.

No unaccompanied minors on premises. Unless a minor is a qualified patient or primary caregiver, or is accompanied by its parent or legal guardian, no minor shall be allowed to enter the premises of a commercial cannabis facility.

4.

Accessibility to public. Except for retail facilities, access to a commercial cannabis facility shall be restricted to employees of that commercial cannabis facility.

C.

Use-specific regulations.

1.

The total number of commercial cannabis facilities engaging primarily in retail cannabis sales in the city shall not exceed three.

2.

The city will process completed applications for conditional use permits for commercial cannabis facilities on a first-come, first-served basis. Approval of conditional use permit applications will be based on the submission date of complete applications, demonstrated compliance with state laws, the compliance with all other requirements set forth in the Municipal Code, and the full execution of a development agreement with the city.

(Ord. No. 2019-11, § 3, 1-28-2020)

It is hereby declared to be unlawful, a public nuisance, and a violation of this code to smoke cannabis or cannabis products on city property. Violations of this provision shall be punishable as a misdemeanor.

(Ord. No. 2019-11, § 3, 1-28-2020)

The violation of this chapter is hereby declared to be a public nuisance and contrary to the public interests and shall, at the discretion of the city, create a cause of action for injunctive relief.

(Ord. No. 2019-11, § 3, 1-28-2020)