Los Banos City Zoning Code
ARTICLE 35
MARIJUANA REGULATION
§ 9-3.3501 Legislative findings and statement of purpose.
(a)
The City Council finds that the regulation of medical and non-medical marijuana activities, specifically prohibitions on all commercial marijuana activity, marijuana dispensaries, marijuana processing, marijuana delivery, outdoor marijuana cultivation, and the regulation of indoor cultivation for personal use are necessary for the preservation and protection of the public health, safety, and welfare for the City and its residents. The City Council's prohibition and regulation of such activities is within the authority conferred upon the City Council by state law.
(b)
The City Council finds that this article exercises its police power to enact and enforce regulations for the public benefit, safety, and welfare of the City and its residents by (1) prohibiting all commercial non-medical marijuana land uses in all zoning districts within the City; (2) prohibiting medical marijuana dispensary and related land uses in all zoning districts within the City; (3) prohibiting the outdoor cultivation of marijuana for personal use in all zoning districts within the City; and (4) reasonably regulating the indoor cultivation of marijuana for personal use in all zoning districts within the City.
(§ 2, Ord. 1152, eff. February 4, 2017)
§ 9-3.3502 Definitions.
For purposes of this article, the following definitions shall apply:
includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, dispensing, distribution, delivery or sale of marijuana and marijuana products as provided for in Division 10 of the Business and Professions Code.
means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming 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 Division 10 of the Business and Professions Code 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 licensed pursuant to Division 10 of the Business and Professions Code.
means to compound, blend, extract, infuse, or otherwise make or prepare a marijuana product.
means 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 marijuana infused in foodstuff or any other ingestible or consumable product containing marijuana. The term "marijuana" shall also include "medical marijuana" as such phrase is used in the August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, as may be amended from time to time, that was issued by the office of the Attorney General for the state of California or subject to the provisions of California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996) or California Health and Safety Code Sections 11362.7 to 11362. 83 (Medical Marijuana Program Act).
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 any business, office, store, facility, location, retail store-front or wholesale component of any establishment, cooperative or collective that delivers (as defined in Business and Professions Code Section 19300.5(m) or any successor statute thereto) whether mobile or otherwise, dispenses, distributes, exchanges, transmits, transports, sells or provides marijuana to any person for any reason, including members of any medical marijuana cooperative or collective consistent with the August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, as may be amended from time to time, that was issued by the office of the Attorney General for the state of California, or for the purposes set forth in California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996) or California Health and Safety Code Sections 11362.7 to 11362.83 (Medical Marijuana Program Act).
means any method used to prepare marijuana or its byproducts for commercial retail and/or wholesale, including, but not limited to: drying, cleaning, curing, packaging, and extraction of active ingredients to create marijuana related products and concentrates.
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.
means any group that is collectively or cooperatively cultivating and distributing marijuana for medical purposes that is organized in the manner set forth in the August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, as may be amended from time to time, that was issued by the office of the Attorney General for the state of California or subject to the provisions of California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996) or California Health and Safety Code Sections 11362.7 to 11362.83 (Medical Marijuana Program Act).
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.
(§ 2, Ord. 1152, eff. February 4, 2017)
§ 9-3.3503 Prohibited use and activities.
(a)
All Commercial Marijuana Uses and Activities Prohibited. The establishment or operation of any business of commercial marijuana activity is expressly prohibited in all zoning districts of the City. No use permit, variance, building permit, or any other entitlement, license, or permit, whether administrative or discretionary, shall be approved or issued for the establishment or operation of any such business or operation in any zoning district of the City, and no person or entity shall otherwise establish such businesses or operations in any zoning district of the City. Such businesses or operations may include, but are not limited to:
(1)
The transportation, delivery, storage, distribution, dispensing or sale of marijuana, marijuana products, or marijuana accessories;
(2)
The cultivation of marijuana;
(3)
The manufacturing, processing, or testing of marijuana, marijuana products, or marijuana accessories; or
(4)
Any other business licensed by the state or other government entity under Division 10 of the California Business and Professions Code, as it may be amended from time to time.
(b)
Medical Marijuana Dispensaries Prohibited. The establishment or operation of any medical marijuana collective, cooperative, dispensary, delivery service, operator, establishment, processing operation, or provider is expressly prohibited in all zoning districts of the City. No use permit, variance, building permit, or any other entitlement, license, or permit, whether administrative or discretionary, shall be approved or issued for the establishment of any collective, cooperative, dispensary, delivery service, operator, establishment, processing operation, or provider in any zoning district of the City, and no person or entity including primary caregivers and qualified patients, collectives, cooperatives or dispensaries shall otherwise establish or conduct such activities in any zoning district of the City.
(1)
Cultivation of medical marijuana pursuant to Section 11362.77 of the California Health and Safety Code is subject to the cultivation requirements set forth in Section 9-3.3504 of this article.
(c)
Outdoor Cultivation of Marijuana Prohibited. Outdoor cultivation of marijuana is expressly prohibited in all zoning districts of the City. No use permit, variance, building permit, or any other entitlement, license, or permit, whether administrative or discretionary, shall be approved or issued for the outdoor cultivation of marijuana in the City, and no person or entity including primary caregivers and qualified patients, collectives, cooperatives or dispensaries, shall otherwise conduct such activity in the City.
(d)
Indoor Cultivation of Marijuana for Non-personal Use Prohibited. Indoor cultivation of marijuana for nonpersonal uses is expressly prohibited in all zoning districts of the City. No use permit, variance, building permit, or any other entitlement, license, or permit, whether administrative or discretionary, shall be approved or issued for the indoor cultivation of marijuana for non-personal uses in the City, and no person or entity including primary caregivers and qualified patients, collectives, cooperatives or dispensaries, shall otherwise conduct such activity in the City.
(1)
Cultivation of medical marijuana pursuant to Section 11362.77 of the California Health and Safety Code is subject to the cultivation requirements set forth in Section 9-3.3504 of this article.
(§ 2, Ord. 1152, eff. February 4, 2017)
§ 9-3.3504 Regulation of indoor cultivation of marijuana for personal use.
(a)
When authorized by state law, an authorized grower (a person twenty-one [21] years of age or older) shall be allowed to cultivate marijuana only in a private residence in a residential zone, only indoors, and only for personal use, subject to the restrictions set forth in Section 11362.2 of the Health and Safety Code and the local following regulations:
(1)
No authorized grower shall cultivate marijuana until and unless they first register with the City and provide written permission of the property owner or an authorized property management company to cultivate marijuana on the premises.
(2)
The marijuana cultivation area shall be located indoors within a residential structure and shall not exceed 50 square feet and not exceed 10 feet in height, nor shall it come within 12 inches of the ceiling or any cultivation lighting. Cultivation in a greenhouse on the property of the residence but not physically part of the home is permitted, as long as it is fully enclosed, secure, not visible from a public right-of-way, a public place, or adjacent residence and meeting all requirements in this article.
(3)
Marijuana cultivation lighting shall not exceed 1,200 watts in total for the total cultivation area within the residence.
(4)
The use of gas products, such as, but not limited to, CO2, butane, methane, or any other flammable or non-flammable gas for marijuana cultivation or processing is prohibited.
(5)
There shall be no exterior visibility or evidence of marijuana cultivation outside the private residence from the public right-of-way, a public place, or adjacent residence, including, but not limited to, any marijuana plants, equipment used in the growing and cultivation operation, and any light emanating from cultivation lighting.
(6)
The authorized grower shall reside full-time in the residence where the marijuana cultivation occurs.
(7)
The authorized grower shall not participate in marijuana cultivation in any other location within the City.
(8)
The residence shall include fully functional and usable kitchen, bathroom, and bedroom areas for their intended use by the resident authorized grower, and the premises shall not be used primarily or exclusively for marijuana cultivation.
(9)
The marijuana cultivation area shall be in compliance with the current adopted edition of the California Building Code Section 1203.4 Natural Ventilation or Section 402.3 Mechanical Ventilation (or equivalent), as amended from time to time.
(10)
The building official may require additional specific standards to meet the California Building Code and Fire Code, including, but not limited to, installation of fire suppression sprinklers.
(11)
The marijuana cultivation area shall not result in a nuisance or adversely affect the health, welfare, or safety of the resident or nearby residents by creating dust, glare, heat, noise, noxious gasses, odors, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials, processes, products or wastes.
(12)
No more than six marijuana plants, mature or immature, are permitted for indoor personal cultivation under this article.
(13)
Marijuana in excess of 28.5 grams produced by plants kept for indoor personal cultivation under this article must be kept in a locked space on the grounds of the private residence not visible from the public right-of-way.
(b)
It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any parcel within the City to create a public nuisance in the course of cultivating marijuana plants or any part thereof in any location, indoor or outdoor. A public nuisance may be deemed to exist, if such activity produces:
(1)
Odors which are disturbing to people of reasonable sensitivity residing or present on adjacent or nearby property or areas open to the public.
(2)
Repeated responses to the parcel by law enforcement personnel.
(3)
A repeated disruption to the free passage of persons or vehicles in the neighborhood, excessive noise which is disturbing to people of normal sensitivity on adjacent or nearby property or areas open to the public.
(4)
Any other impacts on the neighborhood which are disruptive of normal activity in the area including, but not limited to, grow lighting visible outside the dwelling, excessive vehicular traffic or parking occurring at or near the dwelling, and excessive noise emanating from the dwelling.
(5)
Outdoor growing and cultivation of marijuana.
(§ 2, Ord. 1152, eff. February 4, 2017)
§ 9-3.3505 Personal use and consumption of marijuana.
(a)
For purposes of this article, personal recreational use, possession, purchase, transport, or dissemination of marijuana shall be considered unlawful in all areas of the City to the extent it is unlawful under State law. No person shall smoke, ingest, or otherwise consume marijuana or marijuana products, whether recreational or medical, in the City of Los Banos to the extent it is unlawful under State law. No person shall smoke, ingest, or otherwise consume marijuana or marijuana products, whether recreational or medical, on any property owned, leased, used, rented or controlled by the City, including, but not limited to, public streets and sidewalks, parks, City facilities, open space, bike and walking trails, plazas, recreation and sports facilities.
(b)
All smoking, ingesting, and consumption of marijuana or marijuana products to the extent that it is allowed under State law shall be done in a manner so as to not cause a nuisance to nearby residents or persons with noxious odors which are disturbing to people of reasonable sensitivity residing or present on adjacent or nearby property or areas open to the public.
(§ 2, Ord. 1152, eff. February 4, 2017)
§ 9-3.3506 Public nuisance.
Any violation of this article is hereby declared to be a public nuisance and may be summarily abated by the City pursuant to Code of Civil Procedure 731 or any other remedy available to the City.
(§ 2, Ord. 1152, eff. February 4, 2017)
§ 9-3.3507 Administrative penalties.
In addition to any other remedy or penalty set forth in this article or this Code, administrative penalties may be imposed pursuant to applicable provisions of Chapter 11 Title 4 of this Code against any responsible party, in violation of any of the provisions of this article. Imposition, enforcement, collection and administrative review of administrative penalties imposed shall be conducted pursuant to Chapter 11 Title 4 of this Code.
(§ 2, Ord. 1152, eff. February 4, 2017)
§ 9-3.3508 Remedies.
The remedies and penalties provided herein are cumulative, alternative and nonexclusive. The use of one does not prevent the use of any other criminal, civil, or administrative remedy or penalty authorized by, or set forth in, the Los Banos Municipal Code. None of the penalties or remedies authorized by, or set forth in, the Los Banos Municipal Code shall prevent the City from using any other penalty or remedy under state statute which may be available to enforce this section or to abate a public nuisance. Violation of this article shall constitute a crime punishable as a misdemeanor or infraction in the discretion of the City Attorney.
(§ 2, Ord. 1152, eff. February 4, 2017)