Rolling Hills Estates
City Zoning Code
City Zoning Code
Chapter 17.43
CANNABIS FACILITIES, CULTIVATION, AND DELIVERIES[7]
Editor's note— Ord. No. 721, § 3(Exh. A), adopted March 27, 2018, effective April 26, 2018, amended chapter 17.43 in its entirety to read as herein set out. Former chapter 17.43, §§ 17.43.010—17.43.030, pertained to medical marijuana facilities; marijuana cultivation facilities; medical marijuana deliveries; and commercial cannabis activities, and derived from Ord. No. 704, § 3(Exh. A), adopted February 23, 2016.
17.43.010 - Definitions.
The following words used in Chapter 17.43 are defined as follows:
"Cannabis" has the meaning set forth in Business and Professions Code section 26001(f), and includes 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" 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. "Cannabis" does not mean "industrial hemp" as defined by section 11018.5 of the Health and Safety Code.
"Cannabis products" has the meaning set forth in Health and Safety Code section 11018.1, and includes cannabis 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 cannabis or concentrated cannabis and other ingredients.
"Commercial cannabis activity" has the meaning set forth in Business and Professions Code section 26001(k), and includes the cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution, or sale of cannabis or cannabis products as provided under MAUCRSA.
"Commercial cannabis facility" means any building, facility, use, establishment, property, or location where any person or entity establishes, commences, engages in, conducts, or carries on, or permits another person or entity to establish, commence, engage in, conduct, or carry on, any commercial cannabis activity that requires a state license or nonprofit license under Business and Professions Code sections 26000 and following, including but not limited to cannabis cultivation, cannabis distribution, cannabis transportation, cannabis storage, manufacturing of cannabis products, cannabis processing, the sale of any cannabis or cannabis products, and the operation of a cannabis microbusiness. Commercial cannabis facility includes any building, facility, use, establishment, property, or location where cannabis and/or cannabis products are sold or distributed in exchange for compensation in any form for medicinal purposes under Health and Safety Code sections 11362.5 and 11362.7 and following. Commercial cannabis facility does not include an exempt facility.
"Cultivation" has the meaning set forth in Business and Professions Code section 26001(l), and includes any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
"Delivery" means the commercial transfer of cannabis or cannabis products to a customer. "Delivery" also includes the use by a retailer of any technology platform owned and controlled by the retailer.
"Distribution" means the procurement, sale, and transport of cannabis and cannabis products between entities licensed under Division 10 of the California Business and Professions Code, as they may be amended from time to time.
"Exempt facility" means the following facilities if such facilities are otherwise regulated by this code or applicable law: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, a residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code, a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code, a residential hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as any such use complies strictly with applicable law, including, but not limited to the Compassionate Use Act of 1996, Health and Safety Code Section 11362.5.
"Medicinal cannabis" or "medical cannabis" is cannabis used for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of cannabis in the treatment of acquired immune deficiency syndrome ("AIDS"), anorexia, arthritis, cancer, chronic pain, glaucoma, migraine, spasticity, or any other serious medical condition for which cannabis is deemed to provide relief as defined in subsection (h) of Health and Safety Code section 11362.7.
"MAUCRSA" means the Medicinal and Adult-Use Cannabis Regulation and Safety Act as codified in Division 10 of the Business and Professions Code, as the same may be amended from time to time.
"Primary caregiver" has the meaning set forth in Health and Safety Code sections 11362.5(e) and 11362.7(d).
"Private residence" means a house, an apartment unit, condominium, an accessory dwelling unit, or other similar dwelling.
"Qualified patient" has the meaning set forth in Health and Safety Code section 11362.7(f).
17.43.020 - Purpose.
The purpose of Chapter 17.43 is to prohibit commercial cannabis facilities and to regulate cannabis delivery and cultivation within the city limits.
17.43.030 - Commercial cannabis facilities and cannabis deliveries.
A.
Commercial cannabis facilities are prohibited in all zones in the city. No person or entity may establish or operate a commercial cannabis facility within the city limits.
B.
No property owner may allow its property to be used by any person or entity as a commercial cannabis facility.
C.
The delivery of cannabis to any person within the city limits is prohibited, except for deliveries of medicinal cannabis by a primary caregiver to one of the primary caregiver's qualified patients or to an exempt facility. These deliveries are only permitted to occur from the hours of seven a.m. to eight p.m., and to a private residence or an exempt facility.
17.43.040 - Cannabis cultivation.
No person may cultivate cannabis at any location within the city, except in compliance with all of the following:
A.
All cannabis cultivation within the city limits is prohibited except that no more than six living cannabis plants may be cultivated inside a private residence at any one time. Such cultivation may only occur in a private residence, or accessory structure belonging to and under the control of the occupants of such private residence, that is fully enclosed and secured against unauthorized entry.
B.
All owners of the private residence have provided written consent allowing cannabis cultivation to occur at the private residence.
C.
All applicable building code requirements set forth in the Rolling Hills Estates Municipal Code.
D.
Gas products (CO2, butane, propane, natural gas, etc.) may not be used on the property specifically for purposes of cannabis cultivation.
E.
All private cannabis cultivation under this section must comply with Health and Safety Code section 11362.2(a)(3).
F.
Indoor grow lights cannot exceed one thousand watts per light.
G.
Adverse impacts of cannabis cultivation must be mitigated so that a public nuisance, as defined by Civil Code section 3480, does not exist, including but not limited to, adverse impacts of odors or the use or storage of hazardous materials, processes, products, or wastes.
H.
A portable, working, fire extinguisher must be kept in the same room or structure where cannabis cultivation is occurring.
I.
Cannabis and cannabis products must be disposed in a secure waste receptacle located on the property of the private residence where the cultivation occurs. Disposed 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 fifty percent non-cannabis waste.
17.43.050 - Violation.
Violation of any provision of this chapter is subject to enforcement remedies and penalties, including those as set forth in Rolling Hills Estates Municipal Code Chapters 1.24 and 1.25.
17.43.060 - Civil penalties.
Any violation of this chapter is declared to be a public nuisance per se and contrary to the public interest and will at the discretion of the city, be subject to a cause of action for injunctive relief. In addition to any other method of enforcement, 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 section, a court of competent jurisdiction may award reasonable attorneys' fees and costs to the prevailing party.