La Habra Heights City Zoning Code
CHAPTER 7
4 CANNABIS REGULATIONS
§ 7.4.10 Purpose of This Chapter.
The purpose of this Chapter is to impose zoning restrictions on cannabis uses in the City of La Habra Heights as may be authorized by the State of California. This Chapter is not intended to, and does not, give any person or entity independent legal authority to cultivate cannabis or otherwise engage in cannabis-related activity. Nothing in this Chapter shall preempt or make inapplicable any provision of State or Federal law.
(Ord. 2018-01 § 4)
§ 7.4.20 Definitions.
For purposes of this Chapter, the following definitions shall apply:
A.
"Cannabis"
means 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 marijuana. "Cannabis" shall not include industrial hemp, as defined in Health and Safety Code Section 11018.5.
B.
"Commercial cannabis use"
means and includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products subject to licensing by the State of California pursuant to Division 10 of the California Business and Professions Code, as may be amended.
C.
"Cultivation"
means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
D.
"Personal cultivation"
means cultivation conducted by an individual for personal use in accordance with State law, and not intended or conducted for sale, resale, or any other commercial cannabis use or activity.
E.
"Primary caregiver"
means the individual, designated by a qualified patient, who has consistently assumed responsibility for the housing, health, or safety of that patient, as set forth in Health and Safety Code Section 11362.7(d), as may be amended.
F.
"Qualified patient"
means a person who is entitled to the protections of Health and Safety Code Section 11362.5, whether or not that person has applied for and received a valid identification card pursuant to Health and Safety Code Section 11362.7 et seq.
(Ord. 2018-01 § 5)
§ 7.4.30 Commercial Cannabis Uses.
A.
Commercial Cannabis Uses Prohibited. Commercial cannabis uses are prohibited in all Zoning Districts of the City. No use permit, variance, building permit, or any other entitlement or permit, whether administrative or discretionary, shall be approved or issued for the establishment of commercial cannabis uses as defined herein in any Zoning District, and no person shall otherwise establish such businesses or operations in any Zoning District.
B.
Permitted Personal Cultivation. Notwithstanding the prohibition on commercial cannabis uses, personal cultivation of cannabis is permitted within the City, only to the extent such cultivation is authorized by State law and in accordance with the following requirements:
1.
All personal cultivation, including cultivation by a qualified patient or primary caregiver, shall occur within the person’s private residence, or inside a fully enclosed and secure accessory structure located on the grounds of the private residence. For purposes of this section, "private residence" means a house or other dwelling unit.
2.
All personal cultivation of cannabis shall be conducted by a qualified patient, primary caregiver, or person twenty-one (21) years of age or older, in accordance with all applicable State law requirements.
3.
Structures and equipment used for indoor personal cultivation, such as indoor grow lights, shall comply with all applicable building, electrical and fire code regulations as adopted by the City.
4.
All accessory structures used for indoor personal cultivation shall comply with the locational, building design standards and other requirements for accessory structures set forth in this Article.
5.
Not more than six (6) living plants may be planted, cultivated, harvested, dried or processed within a single private residence, or upon the grounds of that private residence, at one (1) time. This shall be a cumulative total applicable to the residence, regardless of number of persons residing on the property.
6.
No exterior evidence of cannabis cultivation shall be discernible from the public right-of-way or neighboring properties.
7.
Nothing in this section is intended, nor shall it be construed, to authorize smoking or ingesting cannabis or cannabis products in a public place or where smoking tobacco is prohibited.
(Ord. 2018-01 § 6)
§ 7.4.40 Penalty for Violation.
No person, whether as principal, agent, employee or otherwise, shall violate, cause the violation of, or otherwise fail to comply with any of the requirements of this Chapter. Every act prohibited or declared unlawful, and every failure to perform an act made mandatory by this Chapter, shall be a misdemeanor or an infraction, in accordance with Chapter 1.3. Moreover, every act prohibited or declared unlawful, and every failure to perform an act made mandatory by this Chapter, shall be subject to administrative citations and penalties in accordance with Chapter 8.9. In addition to the penalties provided in this Chapter, any condition caused or permitted to exist in violation of any of the provisions of this Chapter is declared a public nuisance and may be abated as provided in Chapter 4.5, Chapter 8.8, and/or under State law.
(Ord. 2016-02 § 2)
