It is the purpose and intent of this article to regulate the cultivation of medical cannabis pursuant to the Compassionate Use Act (Health and Safety Code § 11362.5 ("CUA") or the Medical Marijuana Program Act (Health and Safety Code § 11362.7 et. seq.) ("MMPA") and the cultivation of non-medical cannabis pursuant to Proposition 64, also known as the Control, Regulate, and Tax Adult Use of Marijuana Act ("AUMA"), and amended by the Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA"), in a manner that protects the health, safety and welfare of the public.

In addition, this article imposes zoning restrictions on commercial cannabis businesses in the City as authorized and/or licensed by the State of California pursuant to State law. This article is not intended to, and does not, give any person or entity independent legal authority to operate a cannabis business. Moreover, this article is intended to implement reasonable regulations to regulate the cultivation of medical and non-medical cannabis in a manner that protects the health, safety and welfare of the public consistent with the CUA, MMPA, AUMA and MAUCRSA. Nothing in this article is intended to authorize the cultivation, possession or use of medical or non-medical cannabis in a manner in violation of State or Federal Law.

(Ord. No. 011-17, § 5, 11-21-2017)

No part of this article shall be deemed to conflict with federal law, as contained in the Controlled Substances Act, nor to otherwise permit any activity that is prohibited under that Act or any other local, state, or federal law, statute, rule, or regulation. Nothing in this article shall be construed to allow any conduct or activity relating to commercial cultivation, distribution, dispensing, sale or consumption of cannabis that is otherwise illegal under local or state law, unless expressly permitted. No provision of this article shall be deemed a defense or immunity to any action brought against by person by the District Attorney's office, the Attorney General of the State of California, or the United States of America.

(Ord. No. 011-17, § 5, 11-21-2017)

(a)

The establishment or operation of any business or entity engaged in commercial cannabis activity is prohibited in all zoning districts in the City. Such prohibited businesses or operations may include, but are not limited to:

(1)

Cannabis distribution facility.

(2)

Cannabis laboratories and research.

(3)

Cannabis manufacturing.

(4)

Medical cannabis collective, cooperative, dispensary, operator, establishment, or provider.

(5)

The transportation, storage, distribution, or sale of cannabis, cannabis products, or cannabis accessories.

(6)

Delivery regardless of whether the delivery is initiated within or outside of the City, and regardless of whether a technology platform is used for delivery by a dispensary. This subsection does not apply to delivery services that are using public roads to travel through the City as permitted under state law, although such delivery services must comply with all other state laws and local ordinances as applicable.

(7)

Any other business licensed by the state or other government entity pursuant to the MCRSA, AUMA, or MAUCRSA as they may be amended from time to time.

(8)

Cannabis cultivation unless expressly permitted by this article.

(Ord. No. 011-17, § 5, 11-21-2017)

The following regulations shall apply to the cultivation of cannabis within the City:

(a)

Cannabis cultivation. It is hereby declared to be unlawful and a public nuisance for any person to cultivate medical or non-medical cannabis within the City limits, except as provided in this Article.

(b)

Residency requirement. A person cultivating cannabis shall reside full-time in the residence where cannabis cultivation occurs.

(c)

Outdoor cultivation. It is unlawful and a public nuisance for any person to cause or allow any property within the City limits to be used for the outdoor cultivation of cannabis plants.

(d)

Residential structure cultivation. It is unlawful and a public nuisance for any person to cultivate cannabis inside any residential structure or building without registering with the City for cannabis cultivation; issued by the Development Services Director or his or her designee, as provided herein.

(e)

Indoor cultivation. The indoor cultivation of cannabis shall only be conducted within a detached, fully-enclosed and secure structure or within a residential structure conforming to the following minimum standards:

(1)

The registration of any detached structure, regardless of square footage, constructed, altered or used for the cultivation of cannabis must be issued by the Development Services Director.

(2)

Indoor grow lights shall not exceed 1,200 watts and shall comply with the California Building, Electrical and Fire Codes as adopted by the City. Gas products (including, without limitation, CO2, butane, propane, and natural gas), or generators shall not be used within any detached structure used for the cultivation of medical or non-medical cannabis.

(3)

Any detached, fully-enclosed and secure structure or residential structure used for the cultivation of medical or non-medical cannabis must have a ventilation and filtration system installed that shall prevent cannabis plant odors from exiting the interior of the structure and that shall comply with the California Building Code Section 402.3 Mechanical Ventilation. The ventilation and filtration system must be approved by the Building Official and installed prior to commencing cultivation within the detached, fully-enclosed and secure structure or residential structure.

(4)

A detached, fully-enclosed and secure structure used for the cultivation of cannabis shall be located in the rear yard area of a legal parcel or premises, maintain a minimum ten foot setback from the rear yard property line and a side yard setback that is equal to the same side yard setback required for the residential lot on which the home sits, and the area surrounding the structure or back yard must be enclosed by a solid fence at least six feet in height.

(5)

Cannabis cultivation occurring within a residence and detached structure shall be in a cumulative area totaling no larger than 75 square feet.

(6)

Cultivation of cannabis within a residence and detached structure shall not exceed a total of six cannabis plants, regardless of persons residing on the property.

(7)

Cultivation of cannabis shall not inhibit the occupancy of the residence or take place in the kitchen or bathrooms of any building.

(8)

Cultivation of cannabis shall not take place on any carpeted surface.

(9)

Cannabis cultivation for sale is prohibited.

(10)

Cannabis cultivation areas, whether in a detached building or inside a residence, shall not be conducted by or be accessible to persons under 21 years of age.

(11)

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

(f)

Cultivation registration. Prior to commencing any cannabis cultivation the person(s) owning, leasing, occupying, or having charge or possession of any property where cannabis cultivation is proposed to occur must be registered with the City from the Development Services Director or his/her designee. The following information will be required with the initial registration application and subsequent extensions:

(1)

The owner of the property acknowledges the cultivation of cannabis at the premises on a form provided by the City.

(2)

The name of each person, owning, leasing, occupying, or having charge of any property where cannabis will be cultivated.

(3)

The name of each person who participates in the cannabis cultivation.

(4)

The physical site address of where the cannabis will be cultivated and a description of the growing area(s).

(5)

A signed consent right to entry form, acceptable to the City, authorizing City staff, including the police/planning department, authority to conduct an inspection of the detached, fully enclosed and secure structure or area of the residence used for the cultivation of cannabis upon 24 hours' notice.

(g)

Registration validity.

(1)

The initial registration shall be valid for no more than two years and may be extended in increments of two years.

(2)

To the extent permitted by law, any personal or medical information submitted for medical cannabis or non-medical cultivation registration or extension shall be kept confidential and shall only be used for purposes of administering this article.

(3)

The Development Services Director, or his/her designee, may, in his or her discretion deny any application for a medical or non-medical cannabis cultivation registration, or extension thereof, where he or she finds, based on articulated facts, that the issuance of such registration, or extension thereof, would be detrimental to the public health, safety, or welfare. The Development Services Director shall deny the registration for a medical or non-medical cannabis cultivation, or extension thereof, that does not demonstrate satisfaction of the minimum requirements of this Article. The denial of any registration, or extension, may within ten days after such action, be appealed to the City Manager or his/her designee. Said appeal shall be filed with the City Clerk.

(4)

The Finance Director may establish a fee or fees required to be paid upon filing of registration(s) as provided by this article, which fees shall not exceed the reasonable cost of administering this article.

(Ord. No. 011-17, § 5, 11-21-2017)

An act or activity that does not comply with this article constitutes a violation of this article and is subject to the civil penalties and enforcement as provided in this article.

(Ord. No. 011-17, § 5, 11-21-2017)

(a)

Public nuisance. The violation of this article is hereby declared to be a public nuisance.

(b)

Abatement. A violation of this article may be abated by the City Attorney by the prosecution of a civil action for injunctive relief and by the summary abatement procedure set forth in subsection (c) of this section.

(c)

Summary abatement procedure.

(1)

The enforcement official is hereby authorized to order the abatement of any violation of this article by issuing a notice and order to abate which shall:

i.

Describe the location of and the specific conditions which represent a violation of this article and the actions required to abate the violation.

ii.

Describe the evidence relied upon to determine that a violation exists, provided that the enforcement official may withhold the identity of a witness to protect the witness from injury or harassment, if such action is reasonable under the circumstances.

iii.

State the date and time by which the required abatement actions must be completed.

iv.

State that to avoid the civil penalty provided in subsection (c)(4) of this section and further enforcement action, the enforcement official must receive consent to inspect the premises where the violation exists to verify that the violation has been abated by the established deadline.

v.

State that the owner or occupant of the property where the violation is located has a right to appeal the notice to abate by filing a written notice of appeal with the City Clerk no later than five business days from the service of the notice. The notice of appeal must include an address, telephone number, fax number, if available, and e-mail address, if available. The City may rely on any of these for service or notice purposes. If an adequate written appeal is timely filed, the owner or occupant will be entitled to a hearing as provided in subsection (c)(3) of this section.

vi.

State that the order to abate the violation becomes final if a timely appeal is not filed or upon the issuance of a written decision after the appeal hearing is conducted in accordance with subsection (c)(3) of this section.

vii.

State that a final order of abatement may be enforced by application to the superior court for an inspection and/or abatement warrant or other court order.

viii.

State that a final order to abate the nuisance will subject the property owner and the occupant to a civil penalty of $250 for each day that the violation continues after the date by which the violation must be abated as specified in the notice and order to abate. The penalty may be recovered through an ordinary civil action, or in connection with an application for an inspection or nuisance abatement warrant.

(2)

The notice described in subsection (c)(1) of this section shall be served in the same manner as a summons in a civil action in accordance with Civil Procedure Code Part 2, Title 5, Chapter 4, Article 3 (§ 415.10 et. seq.), or by certified mail, return receipt requested, at the option of the City. If the owner of record, after diligent search cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of not less than ten days and publication thereof in a newspaper of general circulation pursuant to Government Code § 6062.

(3)

Not sooner than five business days after a notice of appeal is filed with the City Clerk, a hearing shall be held before the City Manager or a hearing officer designated by the City Manager to hear such appeals. The appellant shall be given notice of the date, time and place of the hearing not less than five days in advance. The notice may be given by telephone, fax, e-mail, personal service or posting on the property. At the hearing, the enforcement official shall present evidence of the violation, which may include, but is not limited to, incident and police reports, witness statements, photographs, and the testimony of witnesses. The property owner and the occupant of the property where the violation is alleged to exist shall have the right to present evidence and argument in their behalf and to examine and cross examine witnesses. The property owner and property occupant are entitled at their own expense to representation of their choice. At the conclusion of the hearing, the City Manager or hearing officer shall render a written decision which may be served by regular first class mail on the appellants.

(4)

A final notice and order to abate the nuisance will subject the property owner or owners and any occupant or occupants of the property who are cultivating cannabis in violation of this article to a civil penalty of $250 for each day that the violation continues after the date by which the violation must be abated as specified in the final notice and order to abate.

(5)

The enforcement official or the City Manager or hearing officer hearing an appeal pursuant to subsection (c)(3) of this section may reduce the daily rate of the civil penalty for good cause. The party subject to the civil penalty shall have the burden of establishing good cause, which may include, but is not limited to, a consideration of the nature and severity of the violation, whether it is a repeat offense, the public nuisance impacts caused by the violation, and the violator's ability to pay. The daily penalty shall continue until the violation is abated. The penalty may be recovered through an ordinary civil action, or in connection with an application for an inspection or nuisance abatement warrant.

(Ord. No. 011-17, § 5, 11-21-2017)

The remedies and penalties provided herein are cumulative, alternative and nonexclusive. The use of one does not prevent the use of any other civil, or administrative remedy or penalty authorized by, or set forth in, the Yuba City Municipal Code. None of the penalties or remedies authorized by, or set forth in the Yuba City Municipal Code shall prevent the City from using any other penalty or remedy under state statute which may be available to enforce this Article or to abate a public nuisance.

(Ord. No. 011-17, § 5, 11-21-2017)

The following words and phrases shall have the following meanings when used in this article:

(a)

"Bedroom" shall mean a room inside a residential building being utilized by any person for sleeping purposes.

(b)

"Cannabis" means all or any parts of the plant Cannabis sativa Linnaeus, Cannabis indicia, 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 cannabis as defined by section 11018 of the California Health and Safety Code, as it may be amended. For purposes of this Article, "cannabis" means and includes both cannabis for medical purposes and non-medical, "adult-use" purposes, unless otherwise specified, but does not include industrial hemp.

(c)

"Commercial cannabis activity" means and includes any and all commercial cannabis uses authorized by the state of California and subject to state licensing, including but not limited to cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis and cannabis products as provided in state law, including wholesale and resale of cannabis for medical or non-medical adult use, and including any business, person or entity that conducts or engages in these commercial cannabis activities, regardless of whether a state license has issued.

(d)

"Cannabis distribution facility" means any facility engaged in the procurement, temporary storage, non-retail sales, and transport of cannabis or cannabis products between State-licensed cannabis business, including warehouses and similar structures.

(e)

"Cannabis laboratories and research" means a laboratory, facility, or entity that offers or performs tests or testing of cannabis or cannabis products. It includes start-up or incubator research activities, which typically include but are not limited to research, design, analysis, development, and/or testing of a cannabis product, and laboratories or facilities engaged in scientific research studies, investigation, testing, or experimentation, but not including cannabis manufacturing or sales of cannabis.

(f)

"Cannabis manufacturing" means the compounding, blending, extracting, infusing, or otherwise making or preparing a cannabis product. For purposes of this article, cannabis manufacturing expressly includes the production, preparation, propagation, processing, or compounding of cannabis or cannabis products directly or indirectly, including through extraction and/or chemical synthesis methods. Cannabis manufacturing may include distribution of wholesale products from the premises, but shall not include any retail sales of cannabis or cannabis products or other sales to consumers.

(g)

"Cultivation" shall mean the planting, growing, harvesting, drying, or processing of cannabis plants or any part thereof.

(h)

"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, or independently licensed under California law, that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of cannabis or cannabis products.

(i)

"Detached, fully-enclosed and secure structure" shall mean a building completely detached from a residence that complies with the Yuba City Building Code and has a complete roof enclosure supported by connecting walls extending from the ground to the 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.

(j)

"Rear yard" shall mean the rear open space portion of any premises, whether fenced or unfenced.

(k)

"Residential structure" or "residence" or "private residence" shall mean any building or portion thereof legally existing which contains living facilities, including provisions for sleeping, eating, cooking and sanitation, and includes a house, an apartment unit, a mobile home, or other similar dwelling.

(l)

"Solid fence" shall mean a fence constructed of substantial material (such as wood) that prevents viewing the contents from one side to the other.

(Ord. No. 011-17, § 5, 11-21-2017)