Lake Forest City Zoning Code
CHAPTER 9
10 MARIJUANA REGULATION - ADMINISTRATION
§ 9.10.005 Purpose.
The purpose of this chapter is to regulate personal, medical, and commercial marijuana uses. Nothing in this chapter shall preempt or make inapplicable any provision of State or Federal law.
(Ord. 289 § 4, 2016)
§ 9.10.010 Definitions.
In addition to any other definitions contained in the Municipal Code, the following words and phrases shall, for the purpose of this chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended. Should any of the definitions be in conflict with any current provisions of the Municipal Code, these definitions shall prevail:
means an "accessory building," as defined by Section 9.04.030(D) of this Code, that is fully enclosed and secured with a lock.
includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, distribution, delivery, or sale of marijuana and marijuana products.
means any activity involving the planting, growing, harvesting, drying, curing, grading, trimming, or processing of marijuana.
means the commercial transfer of marijuana or marijuana products to a customer. "Delivery" also includes the use by a retailer of any technology platform owned and controlled by the retailer, or independently licensed under California law, that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of marijuana or marijuana products.
means the procurement, sale, and transport of marijuana and marijuana products between entities for commercial use purposes.
means cultivation of up to six living marijuana plants, and possession of the marijuana produced by those plants, within the private residence of the person cultivating them or within an accessory structure to the person's private residence on the same grounds.
means the holder of any state-issued license related to marijuana activities, including but not limited to licenses issued under Division 10 of the Business and Professions Code.
means to compound, blend, extract, infuse, or otherwise make or prepare a marijuana product.
means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include:
Industrial hemp, as defined in Section 11018.5 of the California Health and Safety Code;
Hemp, as defined in 7 U.S.C.A. Section 1639o, which provides that "hemp" means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis; or
The weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product.
means any equipment, products or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana or marijuana products into the human body.
means marijuana that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing marijuana or concentrated cannabis and other ingredients.
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, and the plural as well as the singular.
means a house, an apartment unit, a mobile home, or other similar dwelling that is a "residential dwelling unit," as defined by the California Building Code (24 California Code of Regulations Section 202), that is fully enclosed and secured with a lock, and that is the primary residence of the person in possession.
includes any transaction whereby, for any consideration, title to marijuana is transferred from one person to another, and includes the delivery of marijuana or marijuana products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of marijuana or marijuana products by a licensee to the licensee from whom such marijuana or marijuana product was purchased.
(Ord. 289 § 4, 2016; Ord. 331 § 6, 2020)
§ 9.10.011 Personal use.
A.
For purposes of this section, personal recreational use, possession, purchase, transport, or dissemination of marijuana are unlawful in all areas of the City to the extent that they are unlawful under California law.
B.
Outdoor Cultivation. All outdoor marijuana cultivation is prohibited everywhere in the City. No use permit, building permit, variance, or any other permit or entitlement, whether administrative or discretionary, shall be approved or issued for any such use or activity.
C.
Indoor Cultivation. All indoor marijuana cultivation is prohibited except for limited home cultivation, as defined in Section 9.10.010(F). Limited home cultivation is only allowed if each of the following requirements is satisfied:
1.
Resident Only. A person may only engage in limited home cultivation inside his or her primary residence or an accessory structure thereto; non-residents may not engage in limited home cultivation. (See Section 9.10.010(F) defining "limited home cultivation" and (M) defining "private residence.") For purposes of this Section 9.10.011(C)(1), "person" is limited to a natural person; no corporate "person" may engage in limited home cultivation.
2.
Only in a Dedicated Cultivation Area. Limited home cultivation is only permitted in a dedicated cultivation area. The cultivation area must be used exclusively for limited home cultivation; it may not be used for sleeping, cooking, eating, bathing, or any other residential activity. If the cultivation area is in the private residence itself, it must be physically separated from the residential areas of the residence, such as in a separate room or closet with a lockable door. The cultivation area may not be used or prepared in a manner to cultivate more than six marijuana plants.
3.
Properly Permitted Building and Utilities. The private residence or accessory structure that includes the cultivation area, and all the plumbing, electrical, and other utilities in the residence or structure, must be properly permitted by the City and by any other applicable regulatory agency.
4.
Strict Compliance with Building and Safety Requirements. No artificial light, ventilation, heating, or air conditioning may be used in support of limited home cultivation except in compliance with the California Building Code, the Lake Forest Municipal Code, and any other permitting requirements that may be imposed.
5.
No Controlled Chemicals. The following chemicals may not be used in limited home cultivation; they may not be used or stored for any purpose in the cultivation area; and, if they are lawfully stored elsewhere on the grounds of a private residence where limited home cultivation takes place, they must be stored in leak and fireproof containers sufficient to provide storage up to required safety standards. These chemicals include:
a.
Explosive gases, including, but not limited to: butane, propane, xylene, styrene, gasoline, kerosene, oxygen (O2), carbon dioxide (CO2) or hydrogen (H2); and
b.
Dangerous poisons, toxins, or carcinogens, including, but not limited to: methanol, isopropyl alcohol, methylene chloride, acetone, benzene, toluene, or trichloroethylene.
6.
Not Visible. Neither the marijuana plants nor the marijuana that they produce may be visible by normal unaided vision from any public place. The cultivation area itself must not be visible from anywhere outside the residence or structure that contains it. Every window, skylight, ventilation, and other opening must be sufficiently covered or opaque as to obscure visibility of the cultivation area from any adjacent property.
7.
Not Detectible. The cultivation area must not produce any odor, sound, or other emission that is detectible with normal unaided senses from outside the grounds of the private residence if that odor, sound, or other emission indicates that marijuana cultivation is taking place. Nor may the cultivation area produce any odor, sound, or other emission that constitutes a nuisance under Section 6.14.002.
8.
Secured Area. State law requires the cultivation area to be enclosed and secured with a lock.
a.
The cultivation area must be accessible only by lockable doors, and any window, skylight, ventilation opening, or other opening must also be lockable.
b.
Every opening to the cultivation area must be kept locked at all times when the opening is not in use. The cultivation area may not be left unsecured.
9.
Limited Access. Access to the cultivation area must be restricted to the residents that are authorized by this section to engage in limited home cultivation at that property.
(Ord. 289 § 4, 2016)
§ 9.10.012 Medical use.
B.
The establishment or operation of any medical marijuana collective, cooperative, dispensary, delivery service, operator, establishment, or provider shall be considered a prohibited use 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 any collective, cooperative, dispensary, delivery service, operator, establishment, or provider in any zoning district, and no person shall otherwise establish such businesses or operations in any zoning district.
(Ord. 289 § 4, 2016)
§ 9.10.013 Commercial use.
The establishment or operation of any business of commercial marijuana activity is prohibited. No use permit, variance, building permit, or any other entitlement or permit, whether administrative or discretionary, shall be approved or issued for the establishment or operation of any such business or operation. Such prohibited businesses or operations may include, but are not limited to:
A.
The transportation, delivery, storage, distribution, or sale of marijuana, marijuana products, or marijuana accessories;
B.
The cultivation of marijuana;
C.
The manufacturing of marijuana, marijuana products, or marijuana accessories; or
(Ord. 289 § 4, 2016; Ord. 331 § 7, 2020; Ord. 347 § 6, 2021)
§ 9.10.014 Violations.
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 section. Every act prohibited or declared unlawful, and every failure to perform an act made mandatory by this section, shall be a misdemeanor or an infraction, at the discretion of the City Attorney or the District Attorney. In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any of the provisions of this section is declared a public nuisance and may be abated as provided in Section 1.01.200 of this Municipal Code and/or under State law.
(Ord. 289 § 4, 2016)