"Cannabis" shall have the same meaning as set forth in Business and Professions Code § 19300.5(f), as the same may be amended from time to time.

"Caregiver" or "primary caregiver" shall have the same meaning as set forth in Health and Safety Code § 11362.7, as the same may be amended from time to time.

"Commercial cannabis activity" includes cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution, or sale of cannabis or medical cannabis or a cannabis or medical cannabis product, except as set forth in Business and Professions Code § 19319, related to qualifying patients and primary caregivers.

"Cooperative" shall mean two (2) or more persons collectively or cooperatively cultivating, using, transporting, possessing, administering, delivering or making available medical marijuana, with or without compensation.

"Cultivation" shall have the same meaning as set forth in Business and Professions Code § 19300.5(l), as the same may be amended from time to time.

"Cultivation site" means a facility where cannabis or medical cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or that does all or any combination of those activities, that holds a valid state license pursuant to this Chapter, and that holds a valid local license or permit.

"Delivery" shall have the same meaning as set forth in Business and Professions Code § 19300.5(m), as the same may be amended from time to time.

"Dispensary" shall have the same meaning as set forth in Business and Professions Code § 19300.5(n), as the same may be amended from time to time. For purposes of this Chapter, "Dispensary" shall also include a cooperative. "Dispensary" shall not include the following uses: (1) a clinic licensed pursuant to Chapter 1 of Division 2 of the California Health and Safety Code; (2) a health care facility licensed pursuant to Chapter 2 of Division 2 of the California Health and Safety Code; (3) a residential care facility for persons with chronic life-threatening illnesses licensed pursuant to Chapter 3.01 of Division 2 of the California Health and Safety Code; (4) a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the California Health and Safety Code; (5) a residential hospice or home health agency licensed pursuant to Chapter 8 of Division 2 of the California Health and Safety Code.

"Dispensing" shall have the same meaning as set forth in Business and Professions Code § 19300.5(o), as the same may be amended from time to time.

"Distribution" shall have the same meaning as set forth in Business and Professions Code § 19300.5(p), as the same may be amended from time to time.

"Distributor" shall have the same meaning as set forth in Business and Professions Code § 19300.5(q), as the same may be amended from time to time.

"Manufacturer" shall have the same meaning as set forth in Business and Professions Code § 19300.5(y), as the same may be amended from time to time.

"Manufacturing site" shall have the same meaning as set forth in Business and Professions Code § 19300.5(af), as the same may be amended from time to time.

"Marijuana processing" shall mean any method used to prepare cannabis or its byproducts for commercial, retail or wholesale use including, but not limited to, drying, cleaning, curing, packaging and extraction of active ingredients to create cannabis related products and concentrate.

"Medical cannabis," "medical cannabis product," or "cannabis product" shall have the same meanings as set forth in Business and Professions Code § 19300.5(ag), as the same may be amended from time to time.

"Medical Marijuana Regulation and Safety Act" or "MMRSA" shall mean the following bills signed into law on October 9, 2015, as the same may be amended from time to time: AB 243, AB 246, and SB 643.

"Nursery" shall have the same meaning as set forth in Business and Professions Code § 19300.5(ah), as the same may be amended from time to time.

"Qualifying patient" or "qualified patient" shall have the same meaning as set forth in Health and Safety Code § 11362.7, as the same may be amended from time to time.

"Testing laboratory" shall have the same meaning as set forth in Business and Professions Code § 19300.5(z), as the same may be amended from time to time.

"Transport" shall have the same meaning as set forth in Business and Professions Code § 19300.5(am), as the same may be amended from time to time.

"Transporter" shall have the same meaning as set forth in Business and Professions Code § 19300.5(aa), as the same may be amended from time to time.

(Ord. No. NS-199, § 3, 1-26-2016)

A.

Commercial cannabis activities of all types are expressly prohibited in all zoning districts in the City of Monte Sereno. No person shall establish, operate, conduct or allow a commercial cannabis activity anywhere within the City.

B.

Notwithstanding subsection A above, discreet delivery of medical marijuana to a residence of a qualified patient or a primary caregiver from a medical marijuana dispensary located outside the City of Monte Sereno shall be permitted.

C.

To the extent not already covered in subsection A above, all cannabis processing is expressly prohibited within the City of Monte Sereno.

D.

Dispensing cannabis is prohibited. No person shall dispense cannabis in the City. Cannabis dispensaries are prohibited. No person shall own, manage, operate or work in, whether as an employee or independent contractor, a cannabis dispensary in the City.

E.

This section is meant to prohibit all activities for which a State license is required. Accordingly, the City shall not issue any permit, license or other entitlement for any activity for which a State license is required under the California Medical Cannabis Regulation and Safety Act ("MCRSA"), the Adult Use of Marijuana Act ("AUMA"), Senate Bill 94 and/or the Medicinal and Adult Use Cannabis Regulation and Safety Act ("MAUCRSA").

F.

Cultivation of cannabis for commercial or non-commercial purposes, including cultivation by a qualified patient or a primary caregiver, is expressly prohibited in all zoning districts in the City of Monte Sereno except as provided below:

1.

An individual may cultivate cannabis indoors on the parcel where the individual resides for personal, medical, or nonmedical purposes. Outdoor cultivation is prohibited.

2.

A primary caregiver may cultivate medical cannabis indoors at the primary caregiver's residence for a qualified patient for whom he/she is the primary caregiver. Outdoor cultivation is prohibited.

3.

Cannabis cultivation is permitted only on parcels with residential units, and only within a legally permitted residential unit, garage (provided required parking is maintained), or a self-contained outside accessory building, all which are locked, and fully enclosed.

4.

The cannabis cultivation area shall not exceed a total of six (6) plants per property (for example, a property owner/resident may not grow six (6) plants indoors and grow additional plants in a separate self-contained building on the property, or an individual cannot grow six (6) plants for him/herself and six (6) plants as a primary caregiver).

5.

The use of gas products, volatile solvents or dangerous poisons, toxins or carcinogens (including, but not limited to, CO ₂ , butane, gasoline, kerosene) or generators for cannabis cultivation is prohibited.

6.

Cannabis cultivation for sale is prohibited. Notwithstanding this prohibition, a primary caregiver may recover from his or her qualified patient the actual costs incurred by the primary caregiver in cultivating the medical cannabis he or she delivers to the qualified patient.

7.

From the public right-of-way, there shall be no exterior evidence of cannabis cultivation.

8.

Any accessory building used for cultivation shall be located in the rear half of the lot and must maintain minimum yard requirements as specified in the development standards of the subject zoning district. The accessory building shall not be entitled to any exceptions or modifications that allow for reduced side and rear yard setbacks.

9.

The residence shall maintain the kitchen, bathrooms, and primary bedrooms for their intended use and these rooms shall not be used for cannabis cultivation.

10.

Written consent of the property owner to cultivate cannabis shall be obtained and kept on the premises at all times.

11.

Any cannabis cultivation area located within a residence shall not create a humidity, mold, or other nuisance condition.

12.

The cannabis cultivation area shall not adversely affect the health or safety of the nearby residents by creating dust, glare, excessive light, heat, noise, noxious gases, odor, smoke, traffic, vibration, or other impacts, and shall not be hazardous due to use or storage of materials, processes, products or wastes.

(Ord. No. NS-199, § 3, 1-26-2016; Ord. No. NS-213, § 2, 11-7-2017)

Any use or condition caused, or permitted to exist, in violation of any provision of this Chapter 10.26 shall be, and hereby is declared to be, a public nuisance and may be summarily abated by the City pursuant to Code of Civil Procedure Section 731, or any other remedy available to the City.

(Ord. No. NS-199, § 3, 1-26-2016)

In addition to any other enforcement permitted by this Chapter 10.26, the City Attorney may bring a civil action for injunctive relief and civil penalties pursuant to Title 5 of this Code, 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.

(Ord. No. NS-199, § 3, 1-26-2016)