Martinez City Zoning Code
CHAPTER 22
41A PERSONAL CULTIVATION OF CANNABIS PROHIBITIONS AND REGULATIONS
[1]
Editor's note: Prior history: Ord. No. 1411 C.S., 11/15/2017.
§ 22.41A.010 Purpose.
A.
Subject to certain exceptions, the purpose of this Chapter is to impose regulatory restrictions on the personal cultivation of cannabis pursuant to state law. Nothing in this Section is intended to allow commercial cannabis activities as defined in this Chapter. This Section is not intended to interfere with a patient's right to use medicinal cannabis pursuant to state law, as may be amended, nor does it criminalize cannabis possession or cultivation otherwise authorized by state law. This Section is not intended to give any person or entity independent legal authority to operate a cannabis business, as it is intended simply to impose regulatory restrictions regarding personal cultivation of cannabis in the City pursuant to this Code and state law.
B.
Applicability. Nothing in this Section shall be construed to allow any conduct or activity relating to the cultivation, distribution, dispensing, sale, or consumption of cannabis that is otherwise illegal under local or state law, nor shall it be construed, to exempt any activity related to the cultivation of cannabis from any applicable electrical, plumbing, land use or other building or land use standards or permitting requirements. No provision of this Section shall be deemed a defense or immunity to any action brought against any person by the Contra Costa County District Attorney's office, the Attorney General of the State of California or the United States of America.
(Ord. No. 1420, § 2, 1/16/2019)
§ 22.41A.020 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 cannabis. "Cannabis" includes cannabis that is used for medicinal, non-medicinal, or other purposes.
1.
"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.
2.
"Cannabis" also does not include industrial hemp, as defined in California Health and Safety Code Section 11018.5, which said definition provides:
"Industrial hemp"
means a fiber or oilseed crop, or both, that is limited to types of the plant Cannabis sativa L. having no more than three-tenths of one percent tetrahydrocannabinol (THC) contained in the dried flowering tops, whether growing or not; the seeds of the plant; 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 produced therefrom.
B.
"Cultivation"
means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
C.
"Fully enclosed accessory structure"
means a building that complies with the applicable provisions of the California Building Standards Code as adopted and amended by Chapter 14.10 (Construction Codes) of the Martinez Municipal Code. It must be located on a parcel on which a primary residence is situated; and the fully enclosed accessory structure can only be located in the rear yard. This definition includes greenhouses. Any fully enclosed accessory structure must conform with all applicable provisions of this Title.
D.
"Greenhouse"
means an enclosed agricultural building used for the growing of plants. "Greenhouse" includes other structures also known as hothouses, cold frames and other similar specialty categories. It may include construction materials of glass, rigid plastic, flexible plastic, masonry, wood, metal and concrete. If the greenhouse is less than 100 square feet in size or less than six and one half feet in height, and contains no mechanical, electrical or plumbing improvements, no building permit shall be required. It must be located on a parcel on which a private residence is situated.
E.
"Indoor" or "indoors"
means inside a fully enclosed accessory structure, greenhouse or space within a private residence.
F.
"MAUCRSA"
means the Medicinal and Adult-Use Cannabis Regulation and Safety Act, as the same may be amended from time to time.
G.
"Medicinal cannabis"
means cannabis used for medical purposes as described in California Health and Safety Code Section 11362.5.
H.
"Outdoors"
means any location within the City that is not within fully enclosed accessory structure, greenhouse, or within a private residence.
I.
"Primary caregiver"
means the individual described in Health and Safety Code Section 11362.7(d).
J.
"Private residence"
means a house, an apartment unit, condominium, or other similar dwelling that is lawfully used as a residence.
K.
"Qualified patient"
means an individual who is entitled to the protections of Health and Safety Code Section 11362.5.
(Ord. No. 1420, § 2, 1/16/2019)
§ 22.41A.030 Indoor personal cultivation standards.
A.
Indoor personal cultivation in private residence. Indoor personal cultivation of cannabis is permitted on a parcel with an approved private residence in accordance with the regulations of this Chapter. The indoor personal cultivation of cannabis shall only be conducted within a fully enclosed accessory structure, greenhouse or within a private residence. Such cultivation shall be in conformance with the following minimum standards:
1.
The primary use of the property on which the cannabis cultivation is occurring shall be for a residence. Cannabis cultivation is prohibited as a home occupation.
2.
All areas used for cultivation of cannabis shall comply with Title 22 (Zoning) and Title 15 (Buildings and Construction) of the Martinez Municipal Code, as well as applicable law.
3.
Any fully enclosed accessory structure used for the cultivation of cannabis shall adhere to size, height, and setback requirements for accessory structures outlined in the Municipal Code and must adhere to all planning and building requirements as adopted and amended in Chapter 15 (Building and Construction) and Title 22 (Zoning) of the Martinez Municipal Code. A greenhouse that does not require a building permit shall be exempted from this requirement.
4.
No more than six cannabis plants may be cultivated indoors per residence regardless of how many individuals reside at the private residence by either a qualified patient or primary caregiver, and as consistent with state law for qualified patients and primary caregivers. No more than six cannabis plants may be cultivated per residence by an individual over 21 years old that is neither a qualified patient nor a primary caregiver, regardless of how many individuals reside at the private residence. These limitations shall apply, regardless of whether the cannabis is cultivated inside the residence and/or in a fully enclosed structure.
5.
The residential structure shall remain at all times a residence, with legal and functioning cooking, sleeping and sanitation facilities with proper ingress and egress. These rooms shall not be used for cannabis cultivation where such cultivation will prevent their primary use for cooking of meals, sleeping and bathing.
6.
From a public right-of-way, there shall be no exterior evidence of cannabis cultivation occurring on the parcel.
7.
Cannabis cultivation areas, whether in a fully enclosed accessory structure, greenhouse or inside a residence, shall not be accessible to persons under 21 years of age (unless the person is a qualified patient or primary caregiver, in which case access is permissible by these persons but the cannabis can only be used for medicinal purposes).
8.
Cannabis cultivation may only be conducted by a property owner, tenant, or resident of the property on which the cannabis cultivation is occurring. Written consent of the property owner for any tenant or non-owning resident to cultivate cannabis within the residence, greenhouse or in a fully enclosed accessory structure shall be obtained and shall be kept on the premises, and available for inspection by the building official or his/her designee.
B.
Disposal of waste. The following regulations apply to the disposal of cannabis cultivation waste on residential property:
1.
Cannabis plants and products must be rendered unusable and unrecognizable by grinding and incorporating cannabis waste with any non-consumable solid waste with a resulting mixture of at least 50 percent non-cannabis waste.
C.
Outdoor cultivation. Personal cultivation of cannabis is strictly prohibited outdoors.
(Ord. No. 1420, § 2, 1/16/2019)
§ 22.41A.040 Violation and penalty.
In addition to any other enforcement permitted by this Chapter 22.41A of the Martinez Municipal Code, the City Attorney may bring a civil action for injunctive relief and civil penalties against any person or entity that violates this Chapter. In any civil action brought pursuant to this Chapter, a court of competent jurisdiction may award reasonable attorneys' fees and costs to the prevailing party. Notwithstanding the penalties set forth in Chapters 1.12 and 1.15 of the Martinez Municipal Code, no provision of Chapters 1.12 and 1.15 or this Chapter 22.41A authorizes a criminal prosecution, arrest or penalty inconsistent with or prohibited by California Health and Safety Code § 11362.71, et seq. or § 11362.1, et seq., as the same may be amended from time to time. In the event of any conflict between the penalties enumerated under Chapters 1.12 and 1.15 of the Martinez Municipal Code and any penalties set forth in state law, the maximum penalties allowable under state law shall govern.
(Ord. No. 1420, § 2, 1/16/2019)
