A.   It shall be unlawful for any person to erect, construct, establish, alter, add to or enlarge or to cause or permit to be erected, constructed, established, altered, added to or enlarged or to use or occupy or permit to be used or occupied any land, building or premises for any purpose or in any manner contrary to the provisions of this chapter as to uses permitted or excluded, building height limit, building site area required, front, side or rear yards required and distance between buildings applicable to the particular zone or district in which such land, building or premises is located.

   B.   Uses other than those hereinabove specifically mentioned as uses permitted in the C-1 Zone may be permitted therein, provided that such uses are similar to those mentioned and are, in the opinion of the commission, not more obnoxious or detrimental to the welfare of the community than the permitted uses specifically mentioned.

   C.   Uses other than those specifically mentioned as uses excluded from the C-1 Zone may be excluded therefrom; provided, that such uses are, in the opinion of the commission, not less obnoxious or detrimental to the welfare of the community than the excluded uses specifically mentioned.

   D.   Any publicly owned building or property may be permitted in any zone or district described in this chapter; provided, that the use thereof, if any, is, in the opinion of the commission, not obnoxious or detrimental to the welfare of the community; provided further, that the findings of the commission as to such use shall have been approved by the Council and recorded in the latter's minutes. (Ord. 096-1093, 7-10-1996)

   A.   The development standards contained in article 03 of this chapter shall apply to all commercial uses located on R-1 Zone properties.

   B.   This section shall not be construed to authorize the establishment of new commercial uses on R-1 Zone properties. (Ord. 096-1093, 7-10-1996)

The permitted "height" of buildings shall be as defined in section 23.01.01 of this chapter. (Ord. 096-1093, 7-10-1996)

Yards shall not be less in depth or width than the minimum dimension specified in subsection 23.02.09 of Article 02 of this chapter, and they shall be, at every point, open and unobstructed from the ground to the sky, except as follows:

   A.   Outside stairways, porches or landing places, if unroofed and unenclosed, may extend into a required side yard for a distance not to exceed three feet (3').

   B.   Architectural features may not extend above the adjacent eaves line in height.

   C.   Architectural features, chimneys and fireplaces may extend into the side yard not to exceed two feet (2') and may extend into the front and rear yards not to exceed three feet (3').

   D.   "Decorative screens" (defined as fences or latticed walls used for architectural effect and not to increase livable area) may extend into the required side yard for a distance not to exceed two feet (2') and into the required front and rear yards for a distance not to exceed three feet (3'), only if such decorative screens are limited to a height of ten feet (10').

   E.   For a primary structure in the R-1 zone with a legal nonconforming side yard setback, the existing side yard setback shall be considered the required side yard setback for any single-story addition to or remodeling of that side of the structure, subject to the following requirements:

      1.   The addition shall have a minimum distance from the side lot line of at least five feet (5');

      2.   If the existing side yard setback is less than five feet (5'), a conditional use permit is first obtained;

      3.   The provisions of section 23.02.13 of this chapter and section 23.06.11 of this article shall still apply;

      4.   For purposes of an addition to the primary building, the side yard setback of the portion of the building to which the single-story addition is added shall be utilized for determining the required setback for the addition, even if other portions of the existing building have a lesser setback; and

      5.   The addition must comply with rear yard and front yard setbacks. (Ord. 096-1093, 7-10-1996; amd. Ord. 0-03-1175, 12-10-2003; Ord. O-24-1415, 11-20-2024)

   A.   No detached garage or accessory building shall exceed a height of sixteen feet (16'), except where supplied with a second story consisting of livable area. In such case, the height shall not exceed thirty feet (30'). Height, for the purpose of this subsection, shall be measured from the datum plane.

   B.   1.   No garage or other accessory building may occupy the front yard or the required side yard of any lot except as provided in subsection G of this section.

      2.   Swimming pool recirculation pumps, swimming pool filters and swimming pool heaters shall constitute structures and must be installed only in the rear yard between the side yard setback lines.

      3.   Air conditioning condenser units shall constitute structures and must be installed in the rear yard between the side yard setback lines, unless either a conditional use permit is issued pursuant to article 07 of this chapter or the following conditions exist:

         a.   A condenser unit may be located in the street side yard of a corner lot, provided that it is set back at least five feet (5') from the street side property line and screened from public view.

         b.   No more than two (2) condenser units with a total combined capacity not exceeding seven (7) tons may be located in the side yard of an interior lot, provided that the center of each unit is located no less than thirty feet (30') from the nearest side yard setback line of the adjacent property, if each unit is enclosed within a minimum three foot (3') wooden structure, an intervening solid wall or fence exists between properties, each unit has a sound rating of seventy-four (74) dB or lower (as measured in accordance with air conditioning and refrigeration institute standard 270), and each unit has a motor housed within an insulated compartment. Plans, brochures and other supplementary documents shall be provided to the planning and building director for review and approval prior to the issuance of a mechanical permit for installation of the condenser unit(s).

   C.   No detached garage or other accessory building shall be located less than ten feet (10') from any other building on the same lot. Eaves projection shall not exceed twenty-four inches (24") on each building into such required ten foot (10') separation.

   D.   Garages facing upon a public street with direct access provided from the street shall be set back at least twenty five feet (25') from the property line or the distance required by subsection 23.02.09A of this chapter and the yard map, whichever is greater.

   E.   No other detached accessory building shall be located closer than fifteen feet (15') to any street and shall comply with such greater setback as is provided by subsection 23.02.09A of this chapter or the yard map.

   F.   Garages and other accessory buildings, constituting a portion of or attached to the main building, shall be considered as part of the main building.

   G.   1.   A detached garage that does not contain any livable area may be permitted to occupy the rear yard and shall have a setback of at least two feet (2') from the side and rear property lines.

      2.   Unless first having obtained a conditional use permit, on lots having a minimum average lot width of fifty-five feet (55') or less, a detached garage that does not contain any livable area may be permitted to occupy the rear yard and shall have a setback of at least two feet (2') from the side and rear property lines.

      3.   Unless having first obtained a conditional use permit, all other accessory buildings that do not contain livable area shall have a setback of at least five feet (5') from the side and rear property lines.

   H.   1.   A new accessory building containing livable area is permitted in the rear yard only if the entire accessory building complies with the side yard setback required by subsection 23.02.09A of this chapter, and the rear yard setback for the entire accessory building is no less than the side yard setback required for the primary building.

      2.   An addition of livable area to an existing accessory building is permitted only if the addition complies with the following: a conditional use permit is obtained; the side yard setback for the livable portion of the accessory building complies with subsection 23.02.09A of this chapter; and the rear yard setback for the livable portion of the accessory building is no less than the side yard setback required for the primary building.

   I.   Accessory buildings containing livable area, which exceed six hundred (600) square feet in total lot coverage and/or total livable area require a conditional use permit. Garages containing storage area, a workshop, or similar nonlivable area which exceeds seven hundred twenty (720) square feet in total lot coverage require a conditional use permit. Also, an addition of a bedroom or bathroom to an accessory building requires a conditional use permit.

   J.   Garages and other accessory buildings shall not occupy more than one-third (1/3) of the total area of the rear yard.

   K.   Where a common property line is the rear line of one lot and the side line of another lot, no accessory buildings may be located within the distance of the side yard setback of any such lot where such rear line abuts on the side line of the lot at any point between the front property line and rear line of the main building.

   L.   1.   Every residential structure hereafter constructed, or altered to the extent of more than fifty percent (50%) of its value cumulative over a five (5) year period, shall be provided with at least two (2) permanent off street parking spaces located within an enclosed garage, situated within the required setbacks, constructed in conformity with all provisions of this code and providing the following minimum requirements, with an allowance of five inches (5") on each side for framing:

         a.   If one structure is provided, the gross clear floor area shall have dimensions of not less than twenty feet (20') in width and twenty feet (20') in depth.

         b.   Each additional car space within said garage shall have a minimum gross clear floor area of two hundred (200) square feet, with a minimum width of ten feet (10').

         c.   If two (2) structures are provided, each structure for a single car space shall have a gross clear floor area with dimensions of not less than ten feet (10') in width and twenty feet (20') in depth.

         d.   If individual doors are provided for each car space, the open door space shall be not less than eight feet (8') in width.

      2.   No garage may be constructed in the R-1 zone in connection with an existing residence unless such garage complies with subsection J of this section.

   M.   Any garage constructed prior to January 10, 1997, shall be considered a conforming structure, provided that the garage has a clear floor area with dimensions of not less than eighteen feet (18') in width and twenty feet (20') in depth for a two (2) car garage, twenty seven feet (27') in width and twenty feet (20') in depth for a three (3) car garage, and an additional nine feet (9') of width for each additional car space.

   N.   No person may provide car space in tandem within a garage in order to supply off street parking required by subsection 23.02.23C of this chapter. The use of tandem garages in order to provide parking not required by subsection 23.02.23C of this chapter shall be allowed with the issuance of a conditional use permit. If a conditional use permit is issued for tandem parking, such parking may not later be used to supply parking required by subsection 23.02.23C of this chapter unless a variance for the tandem car spaces is first issued.

   O.   Accessory structures may be added to a preexisting nonconforming garage only if such accessory structure complies with all provisions of this code.

   P.   No existing garage may be converted to any permitted use other than for vehicle parking unless such property is provided with a garage facility meeting the requirements of this code.

   Q.   No carport may be constructed or reconstructed in an R-1 zone.

   R.   No building shall be deemed nonconforming solely by reason of existence of a carport lawfully constructed in accordance with all regulations applicable at the time of its construction, except as provided in section 23.06.08 of this article.

   S.   Porte-cocheres shall be attached to the main residence, placed over a driveway that leads to a garage, open on both ends, and located directly adjacent to a pedestrian entry to the main residence. (Ord. 096-1093, 7-10-1996; amd. Ord. 096-1104, 12-11-1996; Ord. 098-1120, 5-13-1998; Ord. 0-03-1173, 7-25-2003; Ord. 0-03-1175, 12-10-2003; Ord. 0-12-1269, 12-12-2012; Ord. O-24-1415, 11-20-2024)

Satellite antennas used for "receive only" operations from stationary synchronous earth satellites and having a reflective dish shaped element, generally circular in shape, with a diameter of greater than thirty nine and thirty seven hundredths inches (39.37") (1 meter) in the residential zone, and seventy eight and seventy four hundredths inches (78.74") (2 meters) in the commercial zone, shall be considered structures in the context of the building and zoning codes, and shall be defined as "satellite antennas" for purposes of this section. Such satellite antennas shall not be roof mounted, nor located in the front or side yard, under circumstances where they will be visible from the street in the front or side of the building. Roof mounted antennas shall conform to code requirements for such structural additions. Ground mounted satellite antennas shall conform to the setback, height and other requirements for accessory buildings for the respective zone and area district in which the antenna is located. Relief from the requirements of this section may be provided by a conditional use permit. (Ord. 096-1093, 7-10-1996)

No portion of a lot which has been used as a building site or yard, in order to comply with the provisions of this chapter, shall be included as a part of an area or yard of another building on another lot. The building site area and yards of the original lot, required to comply with development regulations, cannot be reduced to less than the minimum building site area or yard dimensions required for the area district in which the original lot is classified. (Ord. 096-1093, 7-10-1996)

Any otherwise lawful use of land or a building existing on August 8, 1953, the time this chapter, or amendment thereto becomes effective, but not conforming to the provisions hereof may be continued; provided: (Ord. 098-1121, 6-10-1998)

   A.   That if such use is abandoned, the following provisions shall apply:

      1.   If the use is nonconforming solely for failure to meet the applicable off street parking requirements of this chapter and is abandoned for a period of twelve (12) consecutive months, no use may be established or reestablished unless additional parking in excess of that existing on the date the use was abandoned is provided and a conditional use permit is issued pursuant to the provisions of article 07 of this chapter. The commission, or council on appeal, shall establish the amount of excess parking to be provided as a condition of the conditional use permit.

      2.   If the use is nonconforming for failure to meet any other provisions of this chapter and is abandoned for a period of six (6) months, the only uses permitted are those conforming to all provisions of this chapter. (Ord. 096-1093, 7-10-1996)

   B.   That no building used for such nonconforming use shall be added to, structurally altered or enlarged in any manner, except as required by any other provision of this code or other ordinance of the city or in order to bring the building and its use into full conformity with the provisions of this chapter pertaining to buildings hereafter constructed, except a restaurant that is legal nonconforming for failure to provide sufficient off street parking may be added to, structurally altered or enlarged if sufficient off street parking is provided to meet the zoning ordinance requirement for the expanded area, if any. Additions or alterations to any existing building which is nonconforming due solely to existing side yard setbacks are permitted.

   C.   That no nonconforming use occupying any lot shall be enlarged or extended into any other portion of land and/or building by displacing a conforming use or onto premises not actually so occupied on January 27, 1955, except that a restaurant that is legal nonconforming solely for failure to provide sufficient off street parking may expand onto an adjoining portion of land or within the existing facility by making a portion of the existing restaurant available to the public if sufficient off street parking is provided to meet the zoning ordinance requirement for the expanded restaurant area. (Ord. 098-1121, 6-10-1998)

Notwithstanding the provisions of section 23.06.08 of this article, none of the uses set forth in this zoning code as "conditional uses", which were lawfully in existence as of the effective date hereof, shall be deemed nonconforming solely by reason of the application of such procedural requirement; provided, however, that whenever any such preexisting use: a) has not applied for and been granted such conditional use permit, and b) has been discontinued in usage for any reason whatsoever for a period of ninety (90) days or more after notice from the city of the provisions of this section, then there shall arise a rebuttable presumption that there has been an intent by the owner or user to abandon such use, and the planning commission shall commence due process proceedings, based upon such presumed abandonment, to declare such use nonconforming and to abate such use (and all buildings and structures applicable to such use) as contrary to and in violation of this zoning code. (Ord. 096-1093, 7-10-1996)

Any building or portion thereof in existence prior to January 27, 1955, which is specifically designed or arranged to be lawfully occupied or used in a manner not conforming to the provisions of this chapter, may thereafter be so occupied or used, subject to the limitations set forth for existing nonconforming uses by section 23.06.08 of this article. The term "in existence" shall include, for the purposes of this section only, any building under actual construction at such date, provided that such building is completed within one year from such date. (Ord. 096-1093, 7-10-1996)

No building which has been damaged or partially destroyed to the extent of more than fifty percent (50%) of its replacement value shall be repaired, moved or altered except in conformity with the provisions of this chapter pertaining to buildings thereafter erected. This section shall not apply to existing legal nonconforming residential or accessory buildings damaged by fire or earthquake, which may be rebuilt on prior foundations and/or footprints to the preexisting size, configuration and style. (Ord. 096-1093, 7-10-1996)

The requirements of this chapter as to minimum lot area and lot width shall not be construed to prevent the construction or expansion of a single-family dwelling on any lot if such lot, prior to July 8, 1994, or the effective date of any amendment thereto making such lot or parcel nonconforming, was:

   A.   Shown separately upon an official subdivision map; or

   B.   Shown by a separate number or letter on a record of survey map filed with the county recorder of Los Angeles County; or

   C.   Deeded by a deed of record; or

   D.   Subject to a contract of sale.

Such construction or expansion of a single-family dwelling shall comply with all the applicable development standards of this chapter in effect at the time of the construction or expansion. (Ord. 096-1093, 7-10-1996)

Zone change, conditional use permit, variance and other land use decisions shall be consistent with the portions of the County of Los Angeles hazardous waste management plan (approved November 30, 1989) relating to siting and siting criteria for hazardous waste facilities. Nothing herein shall limit the ability of the City to attach appropriate conditions to the issuance of any such approval in order to protect the public health, safety or welfare nor to establish more stringent planning requirements or siting criteria than those specified in the County plan. (Ord. 096-1093, 7-10-1996)

No portion of a parcel burdened by an easement, other than an easement for utility purposes, which effectively precludes use of the surface of the property by the burdened parcel shall be considered for purposes of determining lot coverage, parcel size and other applicable regulations, and the property line of the burdened parcel shall be considered to be the inside line of the easement. Such portion of the burdened parcel shall also not be considered for purposes of determining the lot area, lot coverage or other applicable requirements for the benefited parcel, and the lot line of the benefited parcel shall determine the actual lot line, not the easement line. (Ord. 096-1093, 7-10-1996)

   A.   Purpose:

      1.   The City Council finds that Federal law prohibits the possession, manufacturing, distribution, and dispensing of cannabis, and in order to serve the public health, safety, and welfare of the residents and businesses within the City, the declared purpose of this section is to prohibit all commercial cannabis activity, for medicinal, adult-use, or any other purpose within the City, as provided in this section.

      2.   California Business and Professions Code section 26055(d) provides that a State licensing authority shall not approve an application for a State license for a cannabis business if approval of the State license will violate the provisions of any local ordinance or regulation. California Business and Professions Code section 26200 authorizes a city to adopt and enforce local ordinances that completely prohibit the establishment or operation of one or more cannabis businesses licensed under the State, within that city.

      3.   The City Council finds that a prohibition on all commercial cannabis activity, for medicinal, adult-use, or any other purpose, is necessary for the preservation and protection of the public health, safety, and welfare of the City and its community. The City Council's prohibition of such activity 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 of the City and its community.

   B.   Definitions: For purposes of this chapter, the following definitions shall apply.

    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, adult-use, 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 California Health and Safety Code section 11018.5, as the same may be amended from time to time.

   CANNABIS ACCESSORIES: Means any equipment, products or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing cannabis or cannabis products into the human body.

   CANNABIS PRODUCT: Means 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: Means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis product for medicinal, adult-use, or any other purpose and includes the activities of any business licensed by the State or other government entity under division 10 of the California Business and Professions Code, or any provision of State law that regulates the licensing of cannabis businesses. Commercial cannabis activity does not include the cultivation, possession, storage, manufacturing, or transportation of cannabis by a qualified patient for his or her personal medical use so long as the qualified patient does not provide, donate, sell or distribute cannabis to any other person. Commercial cannabis activity also does not include the cultivation, possession, storage, manufacturing, transportation, donation or provision of cannabis by a primary caregiver, exclusively for the personal medical purposes of no more than five (5) specified qualified patients for whom he or she is the primary caregiver, but who does not receive remuneration for these activities except for compensation in full compliance with California Health and Safety Code section 11362.765.

   CONCENTRATED CANNABIS: Means cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product's potency. Resin from granular trichomes from a cannabis plant is a concentrate.

   CULTIVATION: Means 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.

   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 the same may be amended from time to time.

   FULLY ENCLOSED AND SECURE STRUCTURE: Means a 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.

   INDOORS: Means within a fully enclosed and secure structure.

   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.

   MANUFACTURE: Means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.

   OUTDOORS: Means any location that is not within a fully enclosed and secure structure.

   PERSON: Means any individual, firm, co-partnership, joint venture, association, corporation, limited liability company, collective, cooperative, club, society, organization, non- profit, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.

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

   C.   Prohibitions:

      1.   Commercial cannabis activity, whether or not for profit, is not a permitted use anywhere in the City. The City shall not approve any application for a building permit, conditional use permit, business license, or any other entitlement authorizing the establishment, operation, maintenance, development, or construction of any use that allows for commercial cannabis activity. This section shall prohibit all activities for which a State license is required pursuant to the MAUCRSA, or any other Act or provision of law that licenses cannabis businesses. The City shall also not issue any local license to a non-profit entity pursuant to California Business and Professions Code section 26070.5.

      2.   It shall be unlawful for any person to own, manage, establish, conduct, or operate, or to participate as a landlord, owner, employee, contractor, agent or volunteer, or in any other manner or capacity, in any commercial cannabis activity in the City.

      3.   To the extent not already prohibited by subsection A of this section, all deliveries of cannabis or cannabis products to or from any location in the City are expressly prohibited. No person shall conduct or perform any delivery of any cannabis or cannabis products, which delivery either originates or terminates within the City. This subsection shall not prohibit any person from transporting cannabis through the jurisdictional limits of the City for delivery or distribution to a person located outside the City, where such transport does not involve delivery or distribution within the jurisdictional limits of the City.

      4.   All outdoor cannabis cultivation is prohibited in the City.

      5.   Indoor cannabis cultivation is prohibited, including cultivation by qualified patients and primary caregivers, except as specified in subsection E of this section.

   D.   Exceptions:

      1.   To the extent that the following activities are permitted by State law, nothing in this section shall prohibit a person twenty one (21) years of age or older from:

         a.   Possessing, processing, purchasing, transporting, obtaining or giving away to persons twenty one (21) years of age or older, without compensation whatsoever, not more than 28.5 grams of cannabis not in the form of concentrated cannabis;

         b.   Possessing, processing, purchasing, transporting, obtaining or giving away to persons twenty one (21) years of age or older, without compensation whatsoever, up to eight grams (8g) of cannabis in the form of concentrated cannabis;

         c.   Smoking or ingesting cannabis or cannabis products in a manner consistent with California Health and Safety Code section 11362.3, as the same may be amended from time to time;

         d.   Possessing, transporting, purchasing, obtaining, using, manufacturing, or giving away cannabis accessories to persons twenty one (21) years of age or older without compensation whatsoever; or

         e.   Engaging in the indoor cultivation of six (6) or fewer live cannabis plants within a single private residence or inside an accessory structure located upon the grounds of a private residence that is fully enclosed and secured, to the extent such cultivation is authorized by California Health and Safety Code sections 11362.1 and 11362.2, as the same may be amended from time to time, and to the extent that the cultivation complies with subsection E of this section.

      2.   This section shall not prohibit any commercial cannabis activity that the City is required by State law to permit within its jurisdiction pursuant to Business and Professions Code section 26054(c) and (d) or any other provision of the MAUCRSA.

   E.   Indoor Cannabis Cultivation: It is hereby declared to be a public nuisance for any person owning, leasing, occupying, or having charge or possession of any real property in the City to cause or allow such real property to be used for the cultivation of cannabis except in strict compliance with the requirements set forth below. Cannabis cultivation shall only occur indoors at a private residence, or inside an accessory structure located upon the grounds of a private residence, in strict conformance with the following standards:

      1.   Only a person who is at least twenty one (21) years old may cultivate cannabis.

      2.   Cannabis cultivation is permitted only within fully enclosed and secure structures.

      3.   The fully enclosed and secure structure shall be located in the rear yard area of the parcel or premises, and must maintain a minimum ten foot (10') setback from any property line. The yard where the fully enclosed and secure structure is maintained must be enclosed by a solid fence at least six feet (6') in height. This provision does not apply to cultivation occurring in a garage.

      4.   Cannabis cultivation areas shall not be accessible to persons under twenty one (21) years of age. Cultivation areas shall be secured by lock and key or other security device which prevents unauthorized entry.

      5.   Cannabis cultivation shall be limited to six (6) plants total, regardless of how many persons over the age of twenty one (21) reside at the private residence.

      6.   Cannabis cultivation shall only take place on impervious surfaces.

      7.   The use of CO2 and ozone generators for cannabis cultivation or processing is prohibited.

      8.   The use of cannabis extraction and concentration techniques, including but not limited to butane, CO2 or ethanol, to manufacture concentrated cannabis is strictly prohibited.

      9.   Cannabis cultivation shall not be visible from the public right-of-way or any privately owned place open to the public.

      10.   The private residence shall remain at all times a residence, with legal and functioning cooking, sleeping and sanitation facilities with proper ingress and egress.

      11.   Any structure used for the cultivation of cannabis shall not become a public nuisance to surrounding properties or the public. A public nuisance may be deemed to exist if the cultivation produces odors which are detectable to people of normal sensitivity residing or present on adjacent or nearby property or on a public right-of-way. No person shall cultivate cannabis in any manner that causes any of the following conditions: light, glare, heat, odor, noise, mold or vibration that is or whose effect is either detrimental to public health, safety, or welfare or that interferes with the reasonable enjoyment of life or property.

      12.   A portable fully functional fire extinguisher, that complies with the regulations and standards adopted by the State Fire Marshal and applicable law, shall be kept in the residence.

      13.   Cultivation of cannabis shall not displace required off street parking.

      14.   All electrical equipment used in the cultivation of cannabis (e.g., lighting and ventilation) shall be plugged directly into a wall outlet or otherwise hardwired.

      15.   Prior to performing any work on electrical wiring in or upon the residence, including any modifications, repair or rewiring, the property owner shall first obtain a building, mechanical and/or electrical permit, as required, from the Building Division.

   F.   Violation, Penalty: Violations of this section are subject to the general penalty provisions set forth in section 23.01.04 of 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. Notwithstanding the penalties set forth in section 23.01.04 of this chapter, this section does not authorize a criminal prosecution, arrest or penalty inconsistent with or prohibited by Health and Safety Code section 11362.71 et seq., or section 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 section 23.01.04 of this chapter and any penalties set forth in State law, the maximum penalties allowable under State law shall govern.

(Ord. 0-17-1330, 11-8-2017)

   The City shall waive the minimum parking requirements of this Chapter provided the development complies with the requirements of Government Code Section 65863.2, as may be amended from time to time, unless the City makes the findings necessary under Government Code Section 65863.2 to justify the imposition of minimum parking requirements.(Ord. O-23-1406, 10-11-2023; amd. Ord. O-24-1415, 11-20-2024)