159.018 Unclassified Land

In any case where any land is not shown on the zoning map as within a zone, or whenever any land is annexed to, or consolidated with, the city, the land shall be deemed to be within the Single-Family Residential (R-1) District until otherwise zoned.

(1973 Code, § 9-4.404) (Ord. 558, eff. - -; Am. Ord. 585, eff. - -)

159.019 Prohibited Uses

1. Definitions . For the purposes of this section, the words and phrases will have the same meanings respectively ascribed to them herein:

ACCESSORY BUILDING . The same meaning as found in § 159.001 of this code. It is the intent of this section to ensure that all accessory buildings comply with Chapter 159 of this code.

AUTHORIZED GROWER . A person with an identification card, primary caregiver, qualified patient, or a person who is authorized by federal or state law to cultivate marijuana for personal use in compliance with local, state, or federal laws authorizing such marijuana cultivation.

CANNABIS, MARIJUANA, MEDICAL CANNABIS and/or MEDICAL MARIJUANA . Includes the definition of CANNABIS as set forth in Cal. Business and Professions Code § 26100(f), and Cal. Health and Safety Code § 11018, as may be amended from time to time, and are used interchangeably and mean all parts of the plant Cannabis sativa linnaeus, Cannabis indica, or Cannabis ruderalis, whether for a medical purpose or a non-medical purpose, 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. This includes the separated resin, whether crude or purified, obtained from marijuana. This section does not mean "industrial hemp" as defined by Cal. Food and Agricultural Code § 81000, as may be amended, or Cal. Health and Safety Code § 11018.5, as may be amended.

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

DELIVERY or DELIVER . Any transfer of marijuana or marijuana products, whether for compensation or otherwise, and shall include the definition of DELIVERY as set forth in Cal. Business and Professions Code § 26100(h), as may be amended from time to time.

DISTRIBUTION . The procurement, sale, transfer, and/or transport of marijuana and/or marijuana products.

FULLY ENCLOSED AND SECURE STRUCTURE . A space within a parcel that complies with the Cal. Building Standards Code, as adopted in the city, or if exempt from the permit requirements of the Cal. Building Standards Code, that 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 through one or more lockable doors. Walls and roofs must be constructed of solid materials that cannot be easily penetrated or breached, such as 2-inch by 4-inch nominal or thicker studs overlaid with inch or thicker plywood or the equivalent. Plastic sheeting, regardless of gauge, or similar products, do not satisfy this requirement. If indoor grow lights or air filtration systems are used, they must comply with the California Building, Electrical, and Fire Codes as adopted in the city.

IMMATURE MARIJUANA PLANT . A marijuana plant, whether male or female, that has not yet flowered and which does not yet have buds that are readily observed by unaided, visual examination.

INDOOR and/or INDOORS . Within a fully enclosed and secure structure as that structure is defined in this section.

MARIJUANA DISPENSARY or DISPENSARY . A facility or location, whether permanent, temporary, or mobile, where marijuana, marijuana products, or devices for the use of marijuana are offered, either individually or in any combination, for sale, use, transportation, distribution, and/or delivery, whether for compensation or otherwise, by or to: (1) another dispensary or processing facility; or (2) two or more of the following: a primary caregiver, a qualified patient, a person with an identification card, or anyone authorized under state law to use marijuana.

MARIJUANA PRODUCTS . Has the same definition as in Cal. Health and Safety Code § 11018.1, as may be amended.

MATURE MARIJUANA PLANT . A marijuana plant, whether male or female, that has flowered and which has buds that are readily observed by unaided visual examination.

MEDICAL PURPOSE . Cultivation and/or use of marijuana by a primary caregiver, qualified patient, and/or person with an identification card for personal medical purposes, as provided by Cal. Health and Safety Code §§ 11362.7 et seq .

NON-MEDICAL PURPOSE . Cultivation and/or use of marijuana by a person other than a primary caregiver, qualified patient, and/or person with an identification card, who is otherwise authorized under local, state, or federal laws to cultivate marijuana, for personal nonmedical use.

OUTDOOR and/or OUTDOORS . Any location within the city that is not within a fully enclosed and secure structure.

PARCEL . Property assigned a separate parcel number by the Placer County assessor.

PERSON . Any individual, entity partnership, co-partnership, firm, association, joint stock company, corporation, limited liability company or combination of the above in whatever form or character.

PERSON WITH AN IDENTIFICATION CARD . Has the same definition as Cal. Health and Safety Code §§ 11362.7 et seq ., as may be amended, and as may be amended by California Department of Public Health's "Medical Marijuana Program."

PRIMARY CAREGIVER . Has the same definition as in Cal. Health and Safety Code §§ 11362.7 et seq ., as may be amended.

PRIVATE RESIDENCE . A house, apartment unit, mobile home, or other similar dwelling unit.

PROCESSING FACILITY . Any facility or location, whether permanent, temporary, or mobile, that produces, prepares, propagates, processes, or compounds marijuana or marijuana products, directly or indirectly, by any method, for delivery, distribution, or sale, whether for compensation or otherwise. Processing facility does not mean any facility or location manufacturing "industrial hemp" as defined by Cal. Food and Agricultural Code § 81000, as may be amended, or Cal. Health and Safety Code § 11018.5, as may be amended.

PUBLIC PLACE . Any place or area open to the public, including but not limited to public streets, sidewalks, right-ofways, parks, public parking facilities, any public transit services, and/or property or programs owned or operated by the city.

QUALIFIED PATIENT . Has the same definition as in Cal. Health and Safety Code §§ 11362.7 et seq ., as may be amended.

TESTING LABORATORY. A facility, person, or location that offers or performs tests of marijuana or marijuana products.

2. Marijuana dispensaries, processing facilities, and testing laboratories prohibited . It is hereby declared to be unlawful, a public nuisance, and a violation of this section for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises or location within any zoning district in the city, the operation of a marijuana dispensary, and/or processing facility, and/or testing laboratory. Nothing in this section prohibits those activities expressly authorized under Cal. Health and Safety Code § 11362.1.

3. Delivery of marijuana prohibited . Delivery of marijuana, marijuana products, or devices for the use of marijuana to or from any person, business, or location in the city is unlawful, a public nuisance, and a violation of this section. Notwithstanding the foregoing, a primary caregiver may personally deliver medical marijuana, marijuana products, or devices for the use of marijuana to a qualified patient or person with an identification card, for whom he or she is the primary caregiver. Nothing in this section prohibits those activities expressly authorized under Cal. Health and Safety Code § 11362.1.

4. Outdoor marijuana cultivation . It is hereby declared to be unlawful, a public nuisance, and a violation of this section for any person owning, leasing, occupying, or having charge or possession of any parcel, property, and/or private residence, within any zoning district in the city to cause or allow such parcel, property, and/or private residence to be used for the outdoor cultivation of marijuana plants.

juana cultivation_ . It is hereby declared to be unlawful, a public nuisance, and a violation of this section for any person owning, leasing, occupying, or having charge or possession of any parcel, property, and/or private residence, within any zoning district in the city to cause or allow such parcel, property, and/or private residence to be used for the outdoor cultivation of marijuana plants.

5. Cultivation of marijuana; regulations for residential zones . When authorized by state law, an authorized grower will be allowed to cultivate marijuana indoors only on a parcel with a private residence in a residential zone, subject to the following regulations:

   1. The private residence is the primary residence of the authorized grower.

   2. The authorized grower does not exceed the maximum allowed cultivation of 6 marijuana plants per private residence or accessory building(s), regardless of whether they are mature marijuana plants or immature marijuana plants, and regardless of whether the cultivation is for a medical purpose or a non-medical purpose.

   3. Marijuana cultivation may not occur in both an accessory building and a private residence on the same parcel. Only 1 cultivation area is allowed per private residence.

   4. From a public right-of-way, there must be no exterior evidence of marijuana cultivation either within or outside the private residence or accessory building.

   5. The private residence must maintain kitchen, bathrooms, and primary bedrooms for their intended use and not be primarily or exclusively used for marijuana cultivation.

   6. The marijuana cultivation area must not constitute a nuisance or adversely affect the health or safety of the occupants of other properties by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, and must not be maintained so as to constitute a hazard due to use or storage of materials, processes, products, or wastes.

6. Indoor cultivation of marijuana restricted to authorized growers . It is hereby declared to be unlawful, a public nuisance, and a violation of this section for any person owning, leasing, occupying, or having charge or possession of any parcel, property, and/or private residence, within the city to cause or allow such parcel, property, and/or private residence to be used for the cultivation of marijuana, unless the person is authorized by state law to grow marijuana, and such authorized grower is complying with all requirements of this section.

7. Cultivation permit required .

1. Prior to and while engaging in any indoor cultivation of marijuana pursuant to this section, an authorized grower must obtain and maintain in force a cultivation permit from the Public Safety Director or her or his designee, which cultivation permit will be granted upon the submission and verification of the information required in divisions (G)(1)(a) and (b). The following information will be required with the initial permit application and any subsequent permit extensions:

   1. The physical site address of where the marijuana will be cultivated; and

2. The name and proof of age of each authorized grower who participates in the marijuana cultivation on any parcel, property, and/or private residence where marijuana will be cultivated.

   2. Unless revoked pursuant to this section, the initial permit will be valid 1 year and may be extended thereafter in increments of 1 year in accordance with division (G)(1).

   3. An application for a cultivation permit and a cultivation permit renewal as required by this section must be accompanied by an application fee, as established by resolution of the City Council.

   4. Any cultivation permit issued pursuant to this section will be subject to suspension or revocation by the Public Safety Director or her or his designee within 10 days after notice thereof. The permittee will have the right to a hearing thereon before the City Council upon a written request within the 10 days after the receipt of the notice. If no timely request for hearing is submitted, the determination of the Public Safety Director becomes final, non-appealable, and not subject to judicial review due to a failure to exhaust administrative remedies.

3. Public nuisance prohibited . It is hereby declared to be a public nuisance and a violation of this section for any person to create a public nuisance in the course of cultivating and/or using marijuana or marijuana products in any location, indoor or outdoor. A public nuisance may be deemed to exist, if such activity produces:

   1. Odors which are disturbing to people of normal sensitivity residing or present on adjacent or nearby property or areas open to the public;

   2. Repeated responses to the parcel, property, and/or private residence, from law enforcement officers;

   3. A repeated disruption to the free passage of persons or vehicles in the immediate neighborhood, excessive noise which is disturbing to people of normal sensitivity on adjacent or nearby property or areas open to the public; or

4. Any other impacts on the neighborhood or public generally which are disruptive of normal activity in the area, including but not limited to smoking or ingesting marijuana or marijuana products in any public place, smoking marijuana or marijuana products in a location where smoking tobacco is prohibited, or any other prohibited activities outlined in Cal. Health and Safety Code § 11362.3, as may be amended from time to time.

9. Violations .

1. A violation of this section constitutes a violation of this code and is subject to revocation of a cultivation permit as provided by division (G)(4) and/or the penalties and enforcement options as provided in §§ 10.80 through 10.99 of this code.

2. The administrative fine for any violation of this section will be a fine of up to $1,000 per violation.

3. No conduct which is protected from criminal liability pursuant to state law, including but not limited to the Compassionate Use Act (Cal. Health and Safety Code § 11362.5) or the Medical Marijuana Program Act (Cal. Health and Safety Code §§ 11362.7 through 11362.83) will be made criminal by this code.

(Ord. 06-2, eff. 4-12-2006; Am. Ord. 11-04, eff. 4-27-2011; Am. Ord. 16-02-U, eff. 1-25-2016; Am. Ord. 18-02, passed 1- 22-2018)

• 159 Uses Permitted (Sections 159.030 159.047)

159.030 Single-Family Residential District (R-1) 159.031 Two-Family Residential (Duplex) District (R-2) 159.032 Medium Density Multiple-Family Residential District (R-3) 159.033 Neighborhood Commercial District (C-1) 159.034 Central Business District (C-2) 159.035 Regional Commercial District (C-3) 159.036 Industrial Park District (M-1) 159.037 Industrial District (M-2) 159.038 Exclusive Agricultural District (A-1) 159.039 Agricultural Residential District (AR) 159.040 Special Public Service District (S) 159.041 Office Building District (OB) 159.042 Highway Service District (HS) 159.043 Airport Industrial Design Control District (AI-DC) 159.044 Open Space And Conservation District (OSC) 159.045 Light Manufacturing District (M-L) 159.046 Central Business District-A (C-2A) 159.047 Regional Commercial - Emergency Shelter (C-3-ES)