A.

The city council finds that the prohibitions on medical and adult-use commercial cannabis uses are necessary for the preservation and protection of the public peace, health, safety, and welfare for the city and its community. It is also the intent of this chapter to regulate indoor cannabis cultivation, and to prohibit all outdoor cultivation, for personal use, including by qualified patients and primary caregivers. The city council's prohibition of such activities is within the authority conferred upon the city council by the California Constitution and other state law.

B.

The city council finds that this chapter: (1) exercises its local authority to enact and enforce local regulations and ordinances, including those regarding the zoning, permitting, licensing, or other entitlement of the activities prohibited by this chapter; and (2) exercises its police power to enact and enforce regulations for the public benefit, safety, and welfare of the city and its community.

(Ord. No. 2018-451, § 3, 10-9-2018)

A.

Commercial Cannabis Uses Prohibited. All medical and adult use commercial cannabis uses as defined in Section 14.02.070 are prohibited from establishing or operating within the city of Los Altos. 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 a commercial cannabis use in any zoning district, and no person shall otherwise establish such businesses or operations in any zoning district.

B.

Exception for Cannabis Deliveries. Cannabis retailers and other cannabis delivery services are prohibited from physically locating or establishing in the city. However, state-licensed cannabis retailers, as defined in Section 14.02.070 that are legally established and located outside city limits may provide cannabis deliveries to medical or adult-use customers within Los Altos, under the following conditions:

1.

The cannabis retailer must be licensed under the Medicinal and Adult-Use Cannabis Regulation and Safety Act (Business and Professions Code, Division 10) to provide cannabis deliveries.

2.

The cannabis delivery service must operate in compliance with the applicable laws and regulations of the local jurisdiction in which the delivery service is physically located and state law.

C.

This section shall not be construed to prohibit use of the public roads pursuant to Business and Professions Code, Section 26090 or those activities allowed by Section 26054, subdivisions (c) or (d).

(Ord. No. 2018-451, § 3, 10-9-2018)

A.

Indoor Cultivation. The indoor cultivation of cannabis for personal use, including cannabis cultivation for personal medical use by a qualified patient or primary caregiver, is prohibited except in compliance with the following:

1.

Cannabis cultivation shall only occur indoors at a private residence, or inside a legal accessory structure located upon the grounds of a private residence.

2.

Cannabis cultivation shall be limited to six plants total per residence, whether immature or mature, regardless of how many residents reside at the private residence.

3.

Persons engaging in indoor cultivation must comply with all state and local laws regarding fire safety, water use, electrical wiring, buildings, and indoor cultivation, including without limitation, Health and Safety Code Sections 11362.1 and 11362.2.

4.

The use of gas products (CO2, butane, propane, natural gas, etc.) or generators for cultivation of cannabis is prohibited. Use of gas products shall be limited to those allowed by the California Building, Electrical, and Fire Codes as adopted and amended by the city of Los Altos.

5.

The residence shall maintain fully functional and usable kitchen, bathroom, and bedroom areas for their intended use by the resident(s), and the premises shall not be used primarily or exclusively for cannabis cultivation.

6.

All areas used for cannabis cultivation shall be located within a fully enclosed and secure structure. "Fully enclosed and secure structure" means a space within a building, greenhouse, or other legal structure which has a complete roof enclosure supported by connecting, enclosed walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one or more lockable doors and inaccessible to minors.

7.

A fully enclosed and secure structure used for the cultivation of cannabis that is separate from the main residential structure on a premises must maintain a minimum setback of ten (10) feet from any property line.

8.

Any structure used for the cultivation of cannabis must have proper ventilation and air filtration to protect the health and safety of occupants and the neighborhood, prevent mold damage, and to prevent cannabis plant odors or particles from becoming a public nuisance.

B.

Outdoor Cultivation Prohibited. Outdoor cultivation of cannabis, including cannabis cultivation for personal medical use by a qualified patient or primary caregiver, personal adult-use, or commercial purposes, is prohibited in all zoning districts in the city of Los Altos.

(Ord. No. 2018-451, § 3, 10-9-2018; Ord. No. 2019-455, § 2, 3-26-2019)

Any violation of this chapter is hereby declared to be a public nuisance.

(Ord. No. 2018-451, § 3, 10-9-2018)

Any violation of this chapter may be enforced through civil or administrative remedies or any other remedy as provided for by the law. In the event of any conflict between the penalties enumerated under this code, and any penalties set forth in state law, the maximum penalties allowable under state law shall govern.

(Ord. No. 2018-451, § 3, 10-9-2018)