La Canada Flintridge
City Zoning Code
City Zoning Code
CHAPTER 11
75 PERSONAL INDOOR MARIJUANA CULTIVATION
§ 11.75.010 Intent.
A.
Intent. The intent of this chapter is to prohibit throughout the entire city the outdoor cultivation of marijuana, and to establish, consistent with the meaning of Section 11362.2 of the Health and Safety Code, and as may be amended, reasonable regulations governing the indoor cultivation of up to six marijuana plants at a private residence.
B.
Purpose. The purpose of this chapter is to regulate the personal indoor cultivation of marijuana in a manner that protects the health, safety and welfare of the community consistent with state law. This chapter is not intended to interfere with a patient's right to medical marijuana pursuant to state law. This chapter is not intended to give any person unfettered legal authority to grow marijuana.
(Ord. 456 § 2, 2016; Ord. 463 § 3, 2017)
§ 11.75.020 Definitions.
For purposes of this chapter, the following words and phrases shall have the following meanings:
means a detached subordinate building, the use of which is customarily incidental to that of the main building or to the main use of the land, and which is located in the same or a less restrictive zone on the same lot or parcel of land with the main building or use.
means the Control, Regulate and Tax Adult Use of Marijuana Act, also known as Proposition 64, that will be submitted to the voters of the state of California at the November 8, 2016 statewide general election, and which adds to or amends parts of California law, including the California Health and Safety Code, Business and Professions Code, Revenue and Taxation Code, and Food and Agricultural Code.
means a person applying for a personal marijuana cultivation permit pursuant to this chapter.
means the city's director of community development, or designee.
means the Los Angeles County fire department.
has the same definition as provided for in Business and Professions Code Section 26001(f) for the term "cannabis," and as may be amended, defined as "all parts of the plant Cannabis sativa 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. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" also means marijuana as defined by Section 11018 of the Health and Safety Code as enacted by Chapter 1407 of the Statutes of 1972. "Cannabis" 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 the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.
means the growing, planting, harvesting, drying, curing, grading, trimming, processing or storing of one or more marijuana plants or any part thereof.
means the private residence, or fully enclosed accessory structure to that residence, at which marijuana cultivation is occurring under the provisions of this chapter, or the property on which the private residence, or fully enclosed accessory structure to that residence, at which an applicant for a personal marijuana cultivation permit proposes to conduct marijuana cultivation.
means a personal marijuana cultivation permit described in this chapter.
includes any individual, firm, co-partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit.
has the same definition as provided for in Health and Safety Code Section 11362.7(d), and as may be amended, defined in part as "the individual, designated by a qualified patient or by a person with an identification card, who has consistently assumed responsibility for the housing, health, or safety of that patient or person.
has the same definition as provided for in Health and Safety Code Section 11362.2(b)(5), and as may amended, defined as "a house, an apartment unit, a mobile home, or other similar dwelling."
has the same definition as provided for in Health and Safety Code Section 11362.7(f), and as may be amended, defined as "a person who is entitled to the protections of Section 11362.5, but who does not have an identification card issued pursuant to this chapter.
(Ord. 456 § 2, 2016; Ord. 463 § 4, 2017)
§ 11.75.030 Marijuana cultivation prohibited-Exception.
A.
Prohibition. Marijuana cultivation is prohibited in all zones of the city. No person shall engage in marijuana cultivation in the city for any purpose.
B.
Provided that the provisions of this chapter are otherwise complied with in their entirety, the prohibition on marijuana cultivation by any person in all zones throughout the city does not apply to the indoor personal cultivation of six or fewer marijuana plants inside a private residence, or inside a fully enclosed accessory structure to such a private residence, occurring cumulatively in an area of no more than 50 square feet, for personal use or for a qualified patient, as authorized under Health and Safety Code Sections 11362.1(a)(3) and 11362.2, and as may be amended.
(Ord. 456 § 2, 2016; Ord. 463 § 5, 2017)
§ 11.75.040 Personal indoor cultivation of marijuana-Permit required.
A.
Permit Required. No person, who is otherwise qualified to engage in the cultivation of marijuana under Health and Safety Code Sections 11362.1 and 11362.2, and as may be amended, shall engage in the cultivation of marijuana, unless that person has a current valid personal marijuana cultivation permit from the city, pursuant to this chapter.
B.
Cultivation Application. An applicant shall submit a cultivation application to the director, on a form provided by the director, and proof of payment of the permit fee, in an amount to be set by resolution of the city council.
1.
The cultivation application submitted by an applicant shall include, but not be limited to, the following information, affirmed under penalty of perjury by the applicant:
a.
The property address of where the marijuana will be cultivated.
b.
The name of each person owning, leasing, occupying, or having charge of any legal parcel or premises where marijuana will be cultivated.
c.
The name of each person who participates in the marijuana cultivation.
d.
Property owner acknowledgement of cultivation of marijuana at the subject property, affirmed under penalty of perjury.
2.
The cultivation application submitted by an applicant shall include a scaled property site plan and a scaled diagram of the floor plan within the residence or fully enclosed accessory structure to be used for cultivation at the marijuana cultivation site, and an itemized list of measures taken to comply with the provisions of this chapter, including, but not limited to, odor control, security, electrical, and building and safety provisions, as well as any equipment that will be used for marijuana cultivation.
3.
Within 30 calendar days of receiving a cultivation application, the director either shall accept for processing the cultivation application upon finding that the cultivation application fully meets the requirements of this chapter, or shall return the cultivation application to the applicant with a written description of the reasons for rejecting the cultivation application, and so notify the applicant by United States mail, first class postage prepaid, addressed to the applicant at the address stated in the application.
C.
Application Process. Within 60 calendar days after the director deems a cultivation application fully meets the requirements of this chapter, the applicant shall provide to the director written proof (as deemed sufficient by the director), for purposes of verification, of successful completion and passing of both of the following inspections:
1.
That the building and safety division of the community development department of the city has inspected the marijuana cultivation site and determined that the private residence or fully enclosed accessory structure, including, but not limited to, the area dedicated to marijuana cultivation, is in compliance with the cultivation application, this chapter, the building code, the electrical code, the plumbing code, and any other applicable requirement of Title 7 (Buildings and Construction) of the La Cañada Flintridge Municipal Code or any other relevant provision of the La Cañada Flintridge Municipal Code concerning health and safety. This shall include inspection of the equipment, including any artificial lighting and/or ventilation systems, and other materials the applicant proposes to use for the marijuana cultivation.
2.
That the fire department has inspected the marijuana cultivation site, and determined that the area dedicated to marijuana cultivation, and (as warranted) the private residence or fully enclosed accessory structure, is in compliance with the fire code and any other applicable requirement of Chapter 4.01 (Fire Code) of Title 4 (Public Welfare) of the La Cañada Flintridge Municipal Code. This shall include inspection of the equipment, including fire suppression/extinguishing system, any artificial lighting and/or ventilation systems, and other materials the applicant proposes to use for the marijuana cultivation.
D.
Application Approval. Upon verification of the information described in subsection C above, for a cultivation application which fully meets all the requirements of this chapter, the director shall issue a notice of decision of a personal marijuana cultivation permit within 60 calendar days, upon making the following findings, or shall deny the application if the following findings cannot be made, and so notify the applicant in writing by United States mail, first class postage prepaid, addressed to the applicant at the address stated in the application:
1.
The applicant meets all the requirements of this chapter, including, but not limited to, those described in Section 11.75.050, as well as any other applicable requirements of the La Cañada Flintridge Municipal Code and any regulations promulgated under Section 11.75.050(B) of this chapter.
E.
Permits Not Transferable. A personal marijuana cultivation permit issued pursuant to this chapter is nontransferable and is specific to the permit-holder and the private residence or fully enclosed accessory structure for which it is issued.
F.
Permit Renewal. A personal marijuana cultivation permit issued under this section shall automatically expire one year after the notice of decision. Permit renewal shall be requested through compliance with the procedures for issuance of a permit as provided in this section including inspection. An applicant for a permit renewal shall be required to pay a permit renewal fee in an amount to be set by resolution of the city council. However, an applicant for permit renewal shall not be required to submit a new cultivation plan annually, provided the marijuana cultivation site follows the original cultivation plan and the permit holder is not engaged in additional or expanded marijuana cultivation, as affirmed in the renewal form. Renewal applications must be received at least 30 calendar days prior to the expiration of an existing permit, but not earlier than 90 calendar days prior to such expiration. Renewal inspections must occur no earlier than 60 calendar days prior to the submission of the renewal application.
G.
Permit Revocation. Permits issued under this section may be revoked by the director upon making any of the following findings:
1.
The permit was issued in error or the cultivation plan form included incorrect information.
3.
Any violation of the AUMA, and as it may be amended, has occurred at the marijuana cultivation site.
4.
Violation of any of the provisions of this chapter has occurred at the marijuana cultivation site.
5.
The marijuana cultivation site has become a public nuisance or has been operated in a manner constituting a public nuisance.
6.
The marijuana cultivation is not in compliance with conditions of the permit.
7.
The permit holder has engaged in any activity for which the personal marijuana cultivation permit could have been denied originally.
H.
Appeals. Any decision of the director under this chapter may be appealed to the city manager or designee. Any such appeal must be in writing, stating the grounds therefor, and be filed within 15 calendar days of the date of the decision being appealed. The written appeal shall specify the person making the appeal, the decision appealed from, shall state the reasons for the appeal, and shall include any evidence in support of the appeal which the appellant seeks to be considered by the city manager. The appeal must include the filing of an appeal fee as established by resolution of the city council. Notice of the time and place of an appeal hearing shall be provided to the appellant at least 15 calendar days before the date set for the hearing. The city manager shall, within 60 calendar days of receipt of the appeal, review the facts of the matter, written documents submitted for review, the basis for making the decision which is under appeal, consider any oral testimony offered at the hearing, and then determine whether the appealed decision should be reversed or affirmed. The determination made shall be in writing, shall set forth the reasons for the determination, and shall be final. The provisions of Sections 1094.5 and 1094.6 of the Code of Civil Procedure set forth the procedures for judicial review of any final determination.
(Ord. 456 § 2, 2016)
§ 11.75.050 Personal indoor cultivation of marijuana-Conditions.
A.
Conditions.
1.
Visibility. All marijuana cultivation authorized by this chapter shall be conducted inside a private residence or inside a fully enclosed accessory structure and shall not occur in an area visible from any neighboring property, any public right-of-way, or public view. No exterior evidence of marijuana cultivation occurring at the property shall be visible from public view. A fully enclosed accessory structure shall be located within a securely fenced area in the rear yard of the private residence.
2.
Odor. The odor resulting from all marijuana cultivation shall not be detectable by unaided human senses from any neighboring property or any public right-of-way. A marijuana cultivation site must have a ventilation and filtration system installed that shall prevent marijuana plant odors from exiting the interior of the structure and that shall comply with all applicable building code regulations, including obtaining all required permits and approvals. The ventilation and filtration system must be approved by the city and installed prior to commencing cultivation at the marijuana cultivation site.
3.
Locks and Alarm. Any private residence or fully enclosed accessory structure utilized for marijuana cultivation pursuant to this chapter shall be secured with locks to prevent unauthorized entry and/or theft, remain secure at all times, and have a working security system which consists of a standard audible residential alarm in compliance with Chapter 5.04 (Burglar and Robbery Alarm Provisions) of this code.
4.
Fire Extinguisher. A fully charged portable fire extinguisher, which complies with the regulations and standards adopted by the state fire marshal and applicable law, shall be kept in the fully enclosed and secure structure used for cultivation of marijuana. If cultivation occurs in a residential structure, the portable fire extinguisher shall be kept in the cultivation room.
5.
Six Plants. Cultivation at a single private residence (which includes fully enclosed accessory structures on the grounds of that private residence) is limited to up to six living plants.
6.
Residence. The person or primary caregiver cultivating the marijuana shall reside full-time on the premises where the marijuana cultivation occurs.
7.
Personal Use. Marijuana plants shall be cultivated by a person or primary caregiver exclusively for personal use only and shall not be sold or used for any commercial use, or any other use or activity that is prohibited by Sections 11362.1, 11362.2 and 11362.3 of the Health and Safety Code, and as they may be amended, with the exception that a primary caregiver may cultivate for a qualified patient.
8.
Electricity Use. The collective draw from all electrical appliances at the marijuana cultivation site shall not exceed the maximum rating of the approved electrical panel for the primary legal residence at the marijuana cultivation site. The maximum rating shall be as established in the manufacturer specifications for the approved electrical panel. Gas products (including, without limitation, CO2, butane, propane, and natural gas) or generators shall not be used for the cultivation of marijuana.
9.
Lighting. Any lighting fixture used for marijuana cultivation shall not exceed the rated wattage and capacity of the circuit breaker and shall be shielded so as to completely confine light and glare to the interior of the private residence or fully enclosed accessory structure.
10.
Humidity and Mold. Marijuana cultivation shall not create a humidity or mold issue within the private residence or fully enclosed accessory structure in violation of the building code, as adopted by the city, or the city's health and safety regulations, including, but not limited to, the property maintenance standards of the La Cañada Flintridge Municipal Code.
11.
Code Compliance. The private residence or fully enclosed accessory structure used for marijuana cultivation shall at all times be in full compliance with the city building code, electrical code, mechanical code, plumbing code, fire code, and any other requirement found in Title 7, Chapter 4.01 of Title 4, or any other applicable building, health, or safety standard in the La Cañada Flintridge Municipal Code.
12.
Area. Marijuana cultivation occurring within a private residence or fully-enclosed accessory structure shall be in a cumulative area totaling no larger than 50 square feet.
13.
Residential Structure. The residential structure shall remain at all times a residence, with legal and functioning cooking, sleeping, and sanitation facilities with code-compliant ingress and egress. These rooms shall not be used for marijuana cultivation where such cultivation will prevent their primary use for cooking of meals, sleeping, and bathing.
14.
Accessory Structure. A fully-enclosed accessory structure, as defined herein, used for the cultivation of marijuana shall be located in a fully fenced and secured rear yard of the residence, and shall maintain the minimum rear and side yard setbacks required for the residential lot. An accessory structure operating as a marijuana cultivation site shall at all times be fully enclosed so that none of the interior area is visible from any neighboring property, any public right-of-way, or public view.
B.
The city council may, by resolution, adopt both additional conditions to further the purposes of this section, as well as additional regulations to further the purposes of this chapter. The city council may also delegate, by resolution, authority to adopt such conditions or regulations to the city manager or designee.
(Ord. 456 § 2, 2016; Ord. 463 § 6, 2017)
§ 11.75.060 Violation and enforcement-Public nuisance declared.
A.
A violation of this chapter or noncompliance with any of the requirements of this chapter shall be subject to any criminal or civil enforcement remedies available under the law and the La Cañada Flintridge Municipal Code. In addition, the city may prosecute a violation of this chapter by means of civil enforcement through a restraining order, a preliminary or permanent injunction, or by any other means authorized by law or equity. Notwithstanding any other provision of this code, no conduct which is protected from criminal liability pursuant to state law shall be made criminal by this chapter.
B.
Any violation of the provisions of this chapter is declared to be a public nuisance and may be abated by the city either pursuant to the La Cañada Flintridge Municipal Code, including, but not limited to, procedures provided for in Chapter 4.33 (Property Maintenance Requirements) or any other available remedies at law or equity.
C.
At the discretion of the city prosecutor, any violation of Section 11.75.030, 11.75.040 or 11.75.050 of this chapter is punishable as an infraction pursuant to Section 1.04.010(B) of this code, or punishable as a misdemeanor pursuant to Section 1.04.010(A) of this code.
(Ord. 456 § 2, 2016)