Plymouth City Zoning Code
CHAPTER 19
94 MARIJUANA REGULATIONS
§ 19.94.010 Purpose and Intent.
The purpose of these regulations is to protect the health, safety, and welfare of the citizens and visitors of the City of Plymouth by enacting reasonable zoning regulations that prohibit the use of land for marijuana dispensaries, other commercial marijuana uses, and outdoor marijuana cultivation, but allow for limited marijuana cultivation within a residence or appropriate accessory structure with reasonable regulations. The purpose and intent of this chapter is to require that marijuana be cultivated only in appropriately secured, enclosed, and ventilated residences or structures, so as not to be visible to the general public, to provide for the health, safety and welfare of the public, to prevent negative impacts to property values, to prevent odor created by marijuana plants from impacting adjacent properties, to prevent crime associated with marijuana, and to ensure that legally grown marijuana remains secure and does not find its way to minors or illicit markets. Nothing in this chapter is intended to authorize the cultivation, possession, or use of marijuana for purposes not in conformance with State laws and regulations.
(Ord. 2016-01 § 3; Ord. 2017-01 § 2)
§ 19.94.020 Definitions.
For the purposes of this chapter, the following definitions shall apply, unless the context clearly indicated otherwise:
means the removal of marijuana plants and improvements that support marijuana cultivation which occupy an area or cubic feet in excess of the area and cubic feet that is allowed under this chapter or which exceed the maximum number of plants allowed under this chapter.
means any commercial marijuana activity licensed or not licensed pursuant to the Medical Cannabis Regulation and Safety Act or the Control, Regulate and Tax Adult Use of Marijuana Act, including, but not limited to, commercial cultivation, possession, distribution, transportation, laboratory testing, labeling, retail, delivery, sale or manufacturing of marijuana or marijuana products. Commercial marijuana uses shall not include legal medical cannabis or legal cannabis activities carried out exclusively for one's personal use that do not involve commercial activity or sales.
means the planting, growing, harvesting, drying, clipping, trimming, packaging, or processing of marijuana plants, or any part thereof.
means: (1) any facility, building, structure, vehicle or location, whether fixed or mobile, where a primary caregiver makes available, sells, transmits, gives or otherwise provides medical marijuana to two or more of the following: a qualified patient or a person with an identification card, or a primary caregiver, in strict accordance with California Health and Safety Code Section 11362.5(2) et seq.; any facility, building, structure, delivery service, vehicle or location, whether fixed or mobile, where qualified patients and/or persons with identification cards and/or primary caregivers meet or congregate in order to collectively or cooperatively distribute, sell, dispense, transmit, process, deliver, exchange or give away marijuana for medicinal purposes pursuant to California Health and Safety Code Section 11362.5 et seq., and such group is organized as a medical marijuana cooperative or collective as set forth in the Attorney General Guidelines; or (3) any facility, building, structure, vehicle or location, whether fixed or mobile, where medical or nonmedical marijuana is made available for retail sale, including sales made through deliveries. The terms "primary caregiver," "qualified patient," and "person with an identification card" shall be as defined in California Health and Safety Code Section 11362.5 et seq.
means a Code-compliant space within a building, greenhouse or other structure which has a complete roof enclosure supported by connecting 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.
means within a fully enclosed and secure accessory structure or within a legal residence or dwelling unit.
means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or be discovered or developed that has psychoactive or medical properties, whether growing or not, including, but not limited to, 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. "Marijuana" also means marijuana as defined by California Health and Safety Code Section 11018, and as defined by California Business and Professions Code Section 19300.5(f), as both may be amended from time to time. Any reference to marijuana or marijuana products shall include medical and nonmedical cannabis and medical and nonmedical cannabis products, unless otherwise specified. Marijuana or marijuana product does not mean industrial hemp as defined by California law or the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product.
means marijuana used, grown, stored, sold, or transported for medicinal purposes by a qualified patient or primary caregiver as allowed under State law.
means any location within the City of Plymouth that is not within a fully enclosed and secure structure or within a residence or dwelling.
means property assigned a separate parcel number by the Amador County Assessor.
means any individual, partnership, co-partnership, firm, association, joint stock company, corporation, limited liability corporation, collective, cooperative, or combination thereof in whatever form or character.
means a single, legal parcel of property. Where contiguous legal parcels are under common ownership or control, such contiguous legal parcels shall constitute a single "premises" for purposes of this chapter.
means a "primary caregiver" as defined in Section 11362.7(d) of the Health and Safety Code, as may be amended from time to time.
means a "qualified patient" as defined in Section 11362.7(f) of the Health and Safety Code.
means any building or portion thereof legally existing which contains living facilities, including provisions for sleeping, eating, cooking, and sanitation on a premises or legal parcel located within a zoning district that allows residential uses.
means a fence constructed of substantial material (such as wood or vinyl) that prevents viewing the contents from one side to the other.
(Ord. 2016-01 § 3; Ord. 2017-01 § 2)
§ 19.94.030 Prohibitions.
A.
Medical marijuana and marijuana dispensaries are prohibited in or upon any premises in any zone within the City. It is unlawful for any person to engage in, conduct, carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the City of Plymouth, the operation of a medical marijuana or marijuana dispensary.
B.
Commercial marijuana uses are prohibited in or upon any premises in any zone within the City. It is unlawful for any person to engage in, conduct, carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the City of Plymouth, a commercial marijuana use.
C.
Outdoor cultivation of marijuana, whether for personal or commercial purposes, whether for medical or recreational purposes is prohibited within the City. 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 any zoning district in the City of Plymouth to cause or allow such parcel to be used for the outdoor cultivation of marijuana. This prohibition applies to all individuals, including those who qualify as qualified patients and caregivers under California law.
(Ord. 2016-01 § 3; Ord. 2017-01 § 2)
§ 19.94.040 Indoor Cultivation of Marijuana.
A.
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 in the City of Plymouth to cause or allow such parcel to be used for the cultivation of marijuana plants, except as provided in subsections B and C of this section.
B.
Who Is Permitted to Cultivate Marijuana Within a Residence or an Accessory Structure.
1.
Only a person who is at least 18 years old and either a qualified patient or a primary caregiver may engage in indoor cultivation of medical marijuana within their residence or an accessory structure. Only a person who is at least 21 years old may engage in indoor cultivation of nonmedical marijuana within their residence or an accessory structure. This means that any individual under the age of 21 may only cultivate marijuana if he or she is at least 18 and a qualified patient or primary caregiver.
2.
Residency Requirement. The qualified patient or primary caregiver or adult 21 and older shall reside full-time on the premises where the indoor cultivation of medical or nonmedical marijuana occurs.
3.
Permission of Owner. Tenants shall obtain the written permission and signature of the property owner(s) prior to cultivating marijuana pursuant to Section 19.94.050(A)(1) below. Such written permission shall be made available to the City and law enforcement agencies upon request.
C.
Cultivation Standards. Marijuana cultivated within a residence or an accessory structure shall be in conformance with the following standards, and all State laws and regulations:
1.
Cultivation of marijuana, up to six plants, is permitted only in an existing accessory structure on parcels with single-family residential units or within a private residence. The six-plant maximum is regardless of how many qualified patients or primary caregivers or how many adults 21 and older are residing at the premises.
a.
Cultivation of marijuana in a new accessory structure erected specifically for the cultivation of marijuana, shall not exceed the six-plant maximum in an area of 10 feet wide by 10 feet long by 10 feet high and must be in compliance with all other requirements of this chapter.
2.
Square footage shall include the total circumference of the marijuana plants.
3.
Cultivation of marijuana is not permitted within 600 feet of any school or childcare facility.
4.
Marijuana cultivation is permitted only within fully enclosed and secure residence or fully enclosed and secure structures that are accessory structures to a main residence and inaccessible to minors. A fully enclosed and secure structure used for the cultivation of marijuana that is separate from the main residence on a premises must meet the general requirements of Section 19.78.040 of this Code regarding accessory structures, and the area surrounding the residence or structure must be enclosed by a solid fence at least six feet in height. The fence need not be in addition to a fence that surrounds the entire property, so long as it meets the standards in this section.
5.
Marijuana cultivation may not occur in more than one accessory structure on the same parcel. Only one cultivation area is allowed per parcel. If marijuana cultivation occurs within a residence, it may not also occur within an accessory structure on the same parcel.
6.
Marijuana cultivation may not occur on a parcel where persons under 18 years of age reside, whether full-time or part-time.
7.
Marijuana cultivation areas shall not be accessible to persons under 18 years of age. Cultivation areas shall be secured by lock and key or other security device which prevents unauthorized entry.
8.
Marijuana cultivation lighting shall comply with the California Building, Electrical and Fire Codes as adopted by the City. Extension cords shall not be used to supply electricity to any accessory structure used for cultivation. The City's Chief Building Official may inspect the residence or accessory structure to ensure it does not pose a danger. The City Manager may withhold permit approval based on input from the Chief Building Official on matters of health and safety.
9.
The use of gas products (CO2, butane, etc.), or generators for marijuana cultivation or processing is prohibited.
10.
Marijuana cultivation for sale is prohibited.
11.
From a public right-of-way, there shall be no exterior evidence of marijuana cultivation.
12.
Any marijuana cultivation shall not create a humidity or mold problem in violation of the Building Code and State Health and Safety Code.
13.
Any structure used for the cultivation of marijuana must have proper ventilation, including a granular activated carbon filter or the equivalent, to prevent mold damage, and to prevent marijuana plant odors or particles from becoming a public nuisance to surrounding properties or the public. A public nuisance may be deemed to exist if the cultivation produces odors which are disturbing to people of normal sensitivity residing or present on adjacent or nearby property or areas open to the public.
14.
The marijuana cultivation area shall not adversely affect the health or safety of the nearby residents by creating dust, glare, heat, noise, smoke, traffic, vibration, or other impacts, and shall not be hazardous due to use or storage of materials, processes, products or wastes.
15.
The marijuana grower shall pay any applicable City fees relating to marijuana cultivation.
(Ord. 2016-01 § 3; Ord. 2017-01 § 2)
§ 19.94.050 Cultivation Permit.
A.
Prior to commencing any marijuana cultivation within a residence or an accessory structure, a qualified individual must obtain a marijuana cultivation permit from the City Manager or designee. The following information will be required with the initial permit application and subsequent permit extensions:
1.
A notarized signature from the owner of the property consenting to the cultivation of marijuana at the premises on a form acceptable to the City.
2.
The name of each person owning, leasing, occupying, or having charge of any legal parcel or premises where marijuana will be cultivated.
3.
The name of each qualified patient or primary caregiver or qualifying adult who participates in the marijuana cultivation.
4.
For medical marijuana cultivation, a copy of a current valid medical recommendation or County-issued medical marijuana card for each qualified patient identified as required above, and for each qualified patient for whom any person identified as required above is the primary caregiver.
5.
The physical site address of where the marijuana will be cultivated.
6.
A signed consent form, acceptable to the City, authorizing City staff, including the Sheriff's Department authority, to conduct an inspection of the residence or detached, fully enclosed and secure structure used for the cultivation of marijuana upon 24 hours' notice.
B.
The initial permit shall be valid for no more than five years and may be extended in increments of five years.
C.
To the extent permitted by law, any personal or medical information submitted with a marijuana cultivation permit application or permit extension shall be kept confidential and shall only be used for purposes of administering this chapter.
D.
The City Manager, or designee, may, in his or her discretion, deny any application for a marijuana cultivation permit, or extension thereof, where he or she finds, based on articulated facts, that the issuance of such permit, or extension thereof, would be detrimental to the public health, safety, or welfare. A prior criminal conviction for a drug-related offense by the permit applicant shall be grounds for denial. The City Manager shall deny an application for a marijuana cultivation permit, or extension thereof, that does not demonstrate satisfaction of the minimum requirements of this chapter. Such denial shall be given to the applicant in writing.
E.
A person who is denied a marijuana cultivation permit under this section may appeal such denial within 10 days of the date of the written denial required by subsection D of this section to the Planning Commission by submitting a detailed written appeal stating the grounds or basis for the appeal and submitting any appeal fee previously established by the City Manager.
F.
Upon timely request by the person requesting the marijuana cultivation permit, the appeal hearing process shall be as follows:
1.
The appeal hearing shall be scheduled for the next available Planning Commission meeting, unless the parties agree otherwise.
2.
The appellant and the City may present relevant evidence and testimony to the Planning Commission.
3.
The Planning Commission may act to confirm, modify, or reverse the action in whole or in part as it deems necessary based upon the standards set forth in this chapter regarding marijuana cultivation.
4.
The decision of the Planning Commission shall be final and may not be further appealed.
G.
The City Manager may establish a fee(s) required to be paid upon filing of an application for permit(s), and/or appeals as provided by this chapter, which fees shall not exceed the reasonable cost of administering this chapter, including any required staff time for processing, inspections, and/or enforcement.
(Ord. 2016-01 § 3; Ord. 2017-01 § 2)
§ 19.94.060 Penalties.
A.
Violation of this chapter is a public nuisance and shall be a misdemeanor and may be enforced through any and all legal means, including, but not limited to, Chapter 20.04 of the Plymouth Municipal Code, entitled "Code Enforcement Generally."
B.
Pursuant to Government Code Section 36901, the fine for an administrative violation may not exceed $1,000, or a maximum amount reflecting later amendments to such statute, per day for each ongoing violation. The City Council may adopt by resolution a schedule of fines for first, second, and third offenses of this chapter to be administered by the City Manager.
(Ord. 2016-01 § 3; Ord. 2017-01 § 2)