San Gabriel City Zoning Code

CANNABIS PROHIBITION

AND PERSONAL CULTIVATION REGULATIONS

§ 153.515 PURPOSE.

(A) The purpose of the provisions of §§ 153.515 through 153.523 is to expressly prohibit the establishment of commercial cannabis uses in the city relating to medical cannabis and adult use cannabis and impose reasonable regulations relating to personal cultivation in private residences and accessory structures.

(B) The City Council finds that the prohibition on commercial cannabis activity is necessary for the preservation of and protection of the public health, safety, and welfare of the city. The prohibition of such uses is within the authority conferred upon the City Council by state law and is an exercise of its police powers to enact and enforce regulations for the public health, safety and welfare.

(Ord. 642-C.S., passed 12-19-17)

§ 153.516 DEFINITIONS.

For purposes of this subchapter, the following definitions shall apply:

AUTHORIZED GROWER. A person 21 years and older who is authorized by, and in compliance with, state law and the provisions of this subchapter relating to the cultivation of cannabis for personal use.

CANNABIS. 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, and any product containing cannabis. CANNABIS includes cannabis that is used for medical, non-medical, or other purposes. 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 also does not include industrial hemp, as defined in Cal. Health and Safety Code § 11018.5.

COMMERCIAL CANNABIS ACTIVITY. The cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, packaging, transportation, delivery or sale of cannabis and cannabis products for non-medical, medical or any other purpose, and includes the activities of any business licensed by the state or other government entity under Cal. Bus. & Prof. Code, Div. 10 or any other provision of state law that regulates the licensing of cannabis businesses.

COMMERCIAL CANNABIS FACILITY. 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 Cal. Business and Professions Code §§ 26000 et seq. including, but not limited to cannabis cultivation, cannabis distribution, cannabis transportation, cannabis storage, manufacturing of cannabis products, cannabis processing, cannabis deliveries, the sale of any cannabis products, and the operation of cannabis microbusinesses.

CULTIVATION. Any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

DELIVERY. 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.

FULLY ENCLOSED AND SECURE STRUCTURE. A space within a building that complies with the California Building Code (“CBC”) as adopted by the City of San Gabriel, or if exempt from the permit requirements of the CBC, a structure that has a complete roof, a foundation, slab or equivalent base to which the floor is secured by bolts or similar attachments, is secure against unauthorized entry, and is accessible only through one or more lockable doors. Walls and roofs must be constructed of solid materials that cannot be easily broken through such as two-inch by four-inch nominal or thicker studs overlaid with three-eighths inch or thicker plywood or the equivalent. Plastic sheeting, regardless of the mil or inches, or similar products do not satisfy this requirement. If skylights are used, security bars shall be added to the skylights. The structure must provide complete visual screening.

INDOORS. Within a fully enclosed and secure structure.

MAUCRSA. The Medicinal and Adult-Use Cannabis Regulation and Safety Act, as codified in Cal. Bus. & Prof. Code, Div. 10 (§§ 26000 et seq.) as the same may be amended from time to time.

MEDICINAL CANNABIS DELIVERY-ONLY RETAILER. A retailer of medicinal cannabis by delivery only to a qualified patient for his or her personal medical use or their primary caregiver in full compliance with Cal. Health & Safety Code § 11362.765.

MEDICINAL CANNABIS OR MEDICAL CANNABIS. Cannabis used for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who had 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 a relief as defined in subsection (h) of Cal. Health & Safety Code § 11362.7.

OUTDOORS. Any location that is not within a fully enclosed and secure structure.

PERSON. Any person, firm, corporation, partnership, joint venture, limited liability company, collective, cooperative, non-profit, trust, estate, association, club, receiver, syndicate, society, or other organization. The term PERSON shall include any owner, manager, proprietor, employee, volunteer or salesperson.

PRIMARY CAREGIVER. The meaning set forth in Cal. Health & Safety Code § 11362.5(e) and 11362.7(d).

PRIVATE RESIDENCE. A house, apartment unit, condominium, mobile home, or other similar dwelling that is lawfully used as a residence.

QUALIFIED PATIENT. The meaning set forth in Cal. Health & Safety Code § 11362.7(f).

(Ord. 642-C.S., passed 12-19-17; Am. Ord. 702, passed 3-5-24)

§ 153.517 PROHIBITION.

(A) Commercial cannabis activities, whether or not for profit, are expressly prohibited in all zones in the City of San Gabriel, including all specific plan areas and overlay zones. No person shall establish, operate, conduct, allow or engage in a commercial cannabis activity anywhere within the city. This prohibition includes any type of business enterprise where cannabis is complimentarily provided as part of any other non-cannabis related business activity.

(B) A property owner shall not rent, lease, or otherwise permit any person or business that engages in commercial cannabis activity to occupy real property in the city. A property owner shall not allow any person or business to establish, operate, maintain, conduct, or engage in commercial cannabis activity on any real property owner or controlled by that property owner that is located in the city.

(C) No person shall conduct any deliveries that originate within the city, but the city shall not prohibit the use of city streets or deliveries that terminate within the jurisdictional limits of the city, except for delivery-only medicinal cannabis retailers in compliance with this chapter.

(D) This section is meant to prohibit all activities for which a state license is required pursuant to the MAUCRSA. Accordingly, the city shall not issue any permit, license or other entitlement for any activity for which a state license is required under the AUMA, including any local license to a non-profit entity pursuant to Cal. Bus. & Prof. Code § 26070.5.

(E) Except as provided in § 153.519, all cultivation of cannabis is expressly prohibited in all zones in the City of San Gabriel.

(Ord. 642-C.S., passed 12-19-17; Am. Ord. 702, passed 3-5-24)

§ 153.518 MEDICINAL CANNABIS DELIVERY-ONLY RETAILER.

(A) Conditional use permit. A conditional use permit issued pursuant to § 153.204 through § 153.248 for a medicinal cannabis delivery-only retailer must include, as conditions of approval, the operational standards set forth in this section. In addition, the conditional use permit must incorporate by reference an Operations Plan approved by the Police Chief, that implements not only the operations standards set forth in this section, but such additional conditions that the Police Chief finds reasonably necessary to implement the purpose of this title when considering the location and size of the proposed medicinal cannabis delivery-only retailer.

(B) Delivery-only. No storefront operations (no walk-in customers).

(1) Not within 600 feet of a school, park, licensed daycare facility, youth center, or licensed drug or alcohol rehabilitation facility; or

(2) Within 1,000 feet of any parcel where another medicinal cannabis delivery-only retailer is operating.

(3) Delivery must be to a legal physical property address.

(D) Sunset clause; automatic repeal. This section is adopted pursuant to the legal mandate imposed by Cal. Business and Professions Code § 26320. As set forth in this section, the regulations in this chapter will be automatically repealed without additional action by the City Council should Business and Professions Code § 26322 be repealed by the California legislature or be invalidated by a court of competent jurisdiction.

(E) Responsibility for compliance. The owners and operators of a medicinal cannabis delivery-only retailer, together with any person listed as the permittee or applicant on the medicinal cannabis delivery-only retailer application, are responsible for ensuring that the medicinal cannabis delivery-only retailer is, at all times, operating in a manner compliant with the applicable law.

(F) Required permits to operate. It is unlawful for any person to engage in or operate a medicinal cannabis delivery-only retailer in the city unless the person:

(1) Has a valid medicinal cannabis delivery-only retailer permit from the city; and

(2) Is in compliance with all applicable law governing the medicinal cannabis delivery-only retailer, including the duty to obtain and maintain any required state license(s).

(G) Suspension or termination of delivery privileges. A medicinal cannabis delivery-only retailer permitted pursuant to this chapter may have its delivery privileges suspended or terminated by the City Manager, or designee, if the medicinal cannabis delivery- only retailer is found to have violated this chapter.

(H) Applications.

(1) Medicinal cannabis delivery-only retailer permit applications must be made on a form approved by the City Manager, or designee, and accompanied by all information requested on the application.

(2) Each application must be accompanied by an application fee, the amount of which will be set by City Council resolution. Any application fee is in addition to any permit fee separately established by City Council resolution.

(3) The application must identify the address of the location where the medicinal cannabis delivery-only retailer is proposed to operate.

(4) No person may apply for medicinal cannabis delivery- only retailer permit until and unless a conditional use permit issued pursuant to this code authorizes a medicinal cannabis delivery-only retailer use at the subject location. A conditional use permit is required in addition to, and separately from, a medicinal cannabis delivery-only retailer permit required by this chapter. Before an application for a medicinal cannabis delivery-only retailer permit will be accepted by the city for processing, the applicant must provide, on a form approved by the City Manager, or designee, proof that the owner of the underlying property, or his/her/its authorized agent, authorized filing the application for a medicinal cannabis delivery-only retailer permit at the subject location. A copy of the conditional use permit authorizing a cannabis-related used on the subject property must accompany the application for a medicinal cannabis delivery-only retailer permit. Only one application per parcel will be accepted and processed by the city at a given time. If an application for a medicinal cannabis delivery-only retailer permit is denied, a subsequent application for a medicinal cannabis delivery-only retailer permit on the same parcel may be accepted by the city only after one year following the denial is final and all available administrative and judicial remedies are exhausted.

(5) Completed applications must be submitted to the City Manager or designee. Only complete applications will be considered. An application is complete if it is submitted with all the information requested therein, together with full payment of the application fee. Applications will be considered in the order they are received. The city may require supplemental information from any applicant before deeming an application complete. Such information must be provided to the City Manager, or designee, within seven business days. Failure to provide the information results in the application losing its priority in the queue and will not be considered “received” until the date that all requested supplemental information is provided to the City Manager, or designee.

(6) The City Council may, by resolution, establish minimum threshold qualifications for all medicinal cannabis delivery-only retailer permit applications including without limitation, qualifications relating to previous relevant business experience, criminal history, minimum liquid assets, and/or net worth. Every application for a medicinal cannabis delivery-only retailer permit must be accompanied by credible evidence demonstrating that the applicant meets or exceeds each of the threshold requirements

established by the City Council.

(I) Expiration. Each medicinal cannabis delivery-only retailer permit issued pursuant to this chapter must be activated within 30 days after the city approves the medicinal cannabis delivery-only retailer permit. Activation occurs when the permittee pays all fees required by this chapter; accepts all conditions; provides evidence that it was issued a valid conditional use permit and provides evidence that has applied with the State of California for all required permits. Each medicinal cannabis delivery-only retailer permit issued pursuant to this chapter expires 12 months after the date it is issued. Medicinal cannabis delivery-only retailer permits may be renewed as provided in this chapter.

(J) Renewals.

(1) An application for renewal of a medicinal cannabis delivery-only retailer permit must be filed at least 60 calendar days before the expiration of the current permit.

(2) The renewal application must contain all of the information required for a new application.

(3) The renewal application must be accompanied by a renewal fee established by City Council resolution.

(4) The renewal application must be denied if any of the following circumstances exists:

(a) The renewal application is filed less than 60 calendar days before expiration of the permit;

(b) The medicinal cannabis delivery-only retailer permit is suspended at the time of the renewal application;

(c) The medicinal cannabis delivery-only retailer has not been in regular and continuous operation in the four months before the renewal application;

(d) The medicinal cannabis delivery-only retailer failed to conform to the requirements of this chapter, any regulations adopted pursuant to this chapter, or applicable state law; or

(e) The permittee does not possess a valid license from the State of California, if required by law.

(5) The City Manager, or designee, is authorized to make all decisions concerning applications for renewal. The City Manager, or designee, may impose additional conditions on a renewal permit if he or she determines it is necessary to ensure compliance with state or local laws and regulations or to preserve and protect public health, safety, or welfare.

(6) If a renewal application is denied for any reason, and if the permittee wishes to obtain another medicinal cannabis delivery-only retailer permit, they must file a new application as set forth in this chapter.

(K) Prohibition on transfer of permits. It is unlawful for any person to operate as a medicinal cannabis delivery-only retailer at any location other than the location specifically authorized and identified on a city-issued medicinal cannabis delivery-only retailer permit. No person may transfer an ownership interest, ownership, or control of a medicinal cannabis delivery-only retailer business or transfer any medicinal cannabis delivery-only retailer permit issued under this chapter. It is unlawful for a medicinal cannabis delivery- only retailer permittee to sell or transfer a medicinal cannabis delivery-only retailer permit to another party. Any attempt to transfer an ownership interest or ownership of a medicinal cannabis delivery-only retailer, or of a medicinal cannabis delivery-only retailer permit, will automatically render the medicinal cannabis delivery-only retailer permit void.

(L) Revocation and suspension. In addition to any other penalty authorized by law, the City Manager, or designee, may suspend or revoke a medicinal cannabis delivery-only retailer permit for the following reasons:

(1) Upon learning or discovering facts that require permit denial under this chapter that were not previously disclosed or reasonably discoverable;

(2) If the permittee violates any condition imposed by this chapter or by the terms of the permit; or

(3) Violation of any law of moral turpitude including, without limitation, a criminal conviction or civil liability arising from a complaint filed in a court of competent jurisdiction.

(M) Operations standards.

(1) To operate a medicinal cannabis delivery-only retailer business, an applicant must obtain and maintain both licensure from the California Department of Consumer Affairs and a city business license.

(2) It is unlawful for alcohol or tobacco to be sold.

(3) Parking must be provided in accordance with the underlying zoning district.

(4) It is unlawful for cannabis or cannabis products to be publicly visible from the exterior of the property.

(5) There shall be no advertisement of the use, including any building signage other than address identification numbers, direction or emergency signage required by law.

(6) All cannabis and cannabis products sold or otherwise made available at a medicinal cannabis delivery-only retailer must be cultivated, manufactured, and transported by licensed facilities that maintain operations in full conformance with applicable law.

(7) Each medicinal cannabis delivery-only retailer must provide the City Manager, or designee, with the name and telephone number of an on-site employee or owner to whom emergency notice can be provided. The telephone number provided must be capable of accepting recorded voice messages in the event the contact person does not answer.

(8) Uniformed security personnel must be employed to monitor all entrances and exits during all hours of operation. Every security guard employed by or provided by the dispensary must be currently licensed by the California Bureau of Security and Investigative Services and in possession of a valid "guard card." The number of such security personnel must be set forth in the Operations Plan.

(9) Odor control devices and techniques must be incorporated to ensure that odors from cannabis and cannabis products are not detectable outside of the building or in any tenant space or area adjacent to the building.

(10) All law enforcement personnel seeking admission to the premises for the purpose of ascertaining compliance with the standards and regulations of this code must be given unrestricted access to all areas of the premises at all times during hours of operation. Consent to such unrestricted access must be acknowledged by the permittee and included within the Operations Plan.

(11) All interior spaces of the retailer (except restrooms), all parking areas, and all entrances and exits to and from the premises, must be monitored by 24-hour video security surveillance of at least HD quality with night vision capability. The video security system must be compatible with software and hardware utilized by the city as determined by the Police Chief and set forth in the Operations Plan. Surveillance video must be recorded to a device that is securely located on the premises and all footage must be maintained for a minimum of 45 days. The video surveillance system specifications must be set forth in the Operations Plan before the city issues a certificate of occupancy for the medicinal cannabis delivery-only retailer.

(12) It is unlawful for a physician to be permitted in a medicinal cannabis delivery-only retailer at any time for the purpose of evaluating patients to issue a medical cannabis prescription or identification card.

(13) Before dispensing medical cannabis or medical cannabis products to any person under the age of 21, the medicinal cannabis delivery-only retailer must verify that the person possesses a valid identification card. A medicinal cannabis delivery-only retailer may sell by delivery medical cannabis, medical cannabis products, and medical cannabis accessories to a person 18 years of age or older who possesses a valid identification card under Health and Safety Code § 11362.71 and a valid government-issued identification card.

(14) It is unlawful for any member of the public to be allowed on the premises of medicinal cannabis delivery-only retailer.

(15) The premises must have a professionally installed, maintained, and monitored alarm system as approved through the Operations Plan.

(16) All food products, food storage facilities, food- related utensils, equipment, and materials must be approved, used, managed, and handled in accordance with the provisions of the California Retail Food Code (Health and Safety Code § 113700, et seq.). All food products must be protected from contamination at all times, and all food handlers must be clean, in good health, and free from communicable diseases. The Los Angeles County Department of Public Health may inspect the dispensary at any time during business hours to ensure compliance with State and local laws.

(17) No delivery driver may carry more than $200 in cash while engaged in the service of delivering cannabis or cannabis products.

(18) It is unlawful for any person under the age of 21 to be allowed to serve as a delivery driver and no person or permittee can employ a person under the age of 21 for the purpose of making mobile deliveries of any cannabis product.

(Ord. 702, passed 3-5-24)

§ 153.519 PERSONAL CULTIVATION REGULATIONS.

(A) An authorized grower shall be allowed to cultivate cannabis for personal use only within a private residence or a fully enclosed and secure accessory structure to a private residence subject to the following regulations in addition to all regulations of state law:

(1) The cannabis cultivation area shall be contained within one single room that shall not exceed 150 square feet.

(2) The room must be securely locked and accessible only to individuals residing in the residence who are 21 years of age or older.

(3) The cannabis plants shall not come within 12 inches of the ceiling or any cultivation lighting.

(4) Cannabis cultivation lighting shall not exceed 1,200 watts in total for the total cultivation area within the residence.

(5) The use of gas products such as but not limited to CO2, butane, methane, or any other flammable or non-flammable gas for cannabis cultivation or processing is prohibited.

(6) There shall be no exterior visibility or evidence of cannabis cultivation outside the private residence or accessory structure from the public right-of-way or any adjoining property, including but not limited to:

(a) Visual observation of any cannabis plants;

(b) Any form of signage indicating that cannabis plants were being grown inside the residence or accessory structure;

(d) Unusual odors, smells, fragrances, or other olfactory stimulus;

(e) Any light emanating from cultivation lighting.

(7) The authorized grower shall reside full-time in the residence where the cannabis cultivation occurs.

(8) If the authorized grower is not the owner of the private residence or fully enclosed and secure accessory structure to a person’s private residence, the owner must secure a signed statement that the authorized grower has permission to cultivate plans in accordance with the provisions of the AUMA and the corresponding SGMC chapter.

(9) The authorized grower shall not participate in cannabis cultivation in any other location within the city.

(10) The residence shall include a fully functional and usable kitchen, bathroom, and bedroom areas for their intended use by the authorized grower, and the premises shall not be used primarily or exclusively for cannabis cultivation.

(11) The cannabis cultivation area shall be in compliance with the provisions of the applicable building and construction codes as set forth in Chapter 150 of the San Gabriel Municipal Code. The building official may impose additional conditions to meet such codes if necessary, including but not limited to installation of fire suppression sprinklers and ventilation and filtration systems that prevent plant odors from exiting the interior of the structure.

(12) The cannabis 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.

(13) Cultivation shall be limited to six cannabis plants, mature or immature, per private residence or a fully enclosed and secure structure. The limit of six plants per private residence shall apply regardless of how many individuals reside at the private residence.

(14) The cannabis plants and any cannabis in excess of 28.5 grams produced by plants must be kept in a locked space on the grounds of the private residence or accessory structure which space is not visible from the public right-of-way by normal unaided vision.

(B) No outdoor cultivation of cannabis plants shall be allowed in the City of San Gabriel, even for personal use. (This section shall be of no further force or effect and shall be deemed repealed upon a determination by the California Attorney General that nonmedical use of cannabis is lawful in the State of California under federal law.)

(Ord. 642-C.S., passed 12-19-17; Am. Ord. 702, passed 3-5-24)

§ 153.520 VIOLATION.

It is hereby declared to be unlawful, a public nuisance and a violation of this subchapter for any person owning, leasing, occupying, or having charge or possession of any property within the city to cause or allow such property to be used in a manner which violates this subchapter.

(Ord. 642-C.S., passed 12-19-17; Am. Ord. 702, passed 3-5-24)

§ 153.521 VIOLATION - MISDEMEANOR.

Any violation of this subchapter shall be punishable as a misdemeanor.

(Ord. 642-C.S., passed 12-19-17; Am. Ord. 702, passed 3-5-24)

§ 153.522 PUBLIC NUISANCE.

Any use or condition caused, or permitted to exist, in violation of any provision of this subchapter shall be, and hereby is declared to be, a public nuisance and may be summarily abated by the city pursuant to Cal. Code of Civil Proc. § 731 or any other remedy available to the city.

(Ord. 642-C.S., passed 12-19-17; Am. Ord. 702, passed 3-5-24)

§ 153.523 CIVIL PENALTIES.

In addition to any other enforcement permitted by this subchapter, the City Attorney may bring a civil action for injunctive relief or the city may pursue administrative fines and penalties pursuant to Chapter 1.24 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 attorney’s fees and costs to the prevailing party.