Bell Municipal Code Ch. 8.54 Personal Cannabis Cultivation

The purpose and intent of this chapter is to establish reasonable regulations, consistent with the meaning of Section 11362.2 of the Health and Safety Code, and as may be amended, for the cultivation of up to six cannabis plants at a private residence.

(Ord. 1226 § 5, 2017; Ord. 1227 § 3, 2018)

As used in this chapter, the following words and phrases shall have the following meanings:

"Accessory structure"

means a subordinate building located on the same lot as a private residence, the use of which is customarily part of, incidental and secondary to that of the private residence, and which does not change the character of the residential use of the private residence.

"Applicant"

means a person who files an application for a permit under this chapter.

"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" 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.

"City manager"

means the city manager of the City of Bell, and includes his or her designees.

"Cultivation"

means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of one or more cannabis plants or any part thereof.

"Cultivation site"

means the real property on which cannabis cultivation occurs.

"Director"

means the City of Bell community development director, and includes his or her designees.

"Marijuana"

has the same definition as provided for "cannabis" in this chapter.

"Permit"

means a personal cannabis cultivation permit issued pursuant to this chapter.

"Person"

means any individual, firm, co-partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit.

"Private residence"

has the same meaning as the term is defined in Section 11362.2(b)(5) of the Health and Safety Code, and as may be amended, which provides that private residence "means a house, an apartment unit, a mobile home, or other similar dwelling."

(Ord. 1226 § 5, 2017; Ord. 1227 § 3, 2018)

A. Prohibition. Personal cannabis cultivation is prohibited in all zones of the city. No person shall engage in the personal cultivation of cannabis in the city for any purpose.

B. Limited Exemption. The prohibition on personal cannabis cultivation in subsection A does not apply to the indoor personal cultivation of cannabis, conducted both pursuant to a valid and current permit as provided for in this chapter, as well as with complete adherence to the following regulations:

1. Six Plants Total. Total cultivation is limited to no more than six living cannabis plants at any one time.

2. Indoor Cultivation at Private Residence. Cultivation shall occur entirely within a private residence or within an accessory structure to a private residence located upon the grounds of a private residence that is fully enclosed and secure.

3. Locked Space. The six living plants and any cannabis produced by the plants in excess of twentyeight and one-half (28.5) grams shall be kept within a locked space, inaccessible to minors and trespassers, located either within the private residence or upon the grounds of the private residence.

4. Visibility. The six living plants and any cannabis produced by the plants in excess of twenty-eight and one-half (28.5) grams shall not be visible from any public right-of-way, or in any manner be visible by normal unaided vision from a place regularly accessible to the general public.

5. Odor.

a. The odor resulting from all cannabis cultivation shall not be detectable by human senses from any neighboring property or public right-of-way.

b. As necessary (which final determination shall be made by the director), to ensure that no odor resulting from cannabis cultivation shall be detectable by human senses from any neighboring property or public right-of-way, a cannabis cultivation site shall install and continuously operate a functioning ventilation and filtration system which complies with all applicable building code regulations, including obtaining all required permits and approvals.

6. Nuisance Activity. Cultivation 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 gases, odors, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials, processes, products or waste.

7. Fire Extinguisher. A working portable fire extinguisher, which complies with the regulations and standards adopted by the state fire marshal and applicable law, shall be kept in the same room as indoor cannabis cultivation.

8. Electricity.

a. The collective draw from all electrical appliances at the cannabis cultivation site shall not exceed the maximum rating of the approved electrical panel for the private residence where the cannabis is being cultivated.

b. The maximum rating shall be as established in the manufacturer specifications for the approved electrical panel.

9. Lighting. Any lighting fixture or combination of lighting fixtures used for cannabis cultivation shall:

a. Not exceed the rated wattage and capacity of the circuit breaker; and

b. Be shielded so as to completely confine light and glare to the interior of the private residence or fully enclosed accessory structure.

10. Private Residence. Any private residence used for cultivation shall:

a. Include a fully functional and usable kitchen, as well as bathroom and bedroom areas, for use by the permit holder; and

b. Not be used primarily or exclusively for cannabis cultivation.

11. Garage. Cultivation shall not displace required parking in a garage.

C. Additional Regulations. Further rules, regulations, procedures, and standards for the administration and implementation of this chapter may be adopted from time to time either by resolution or ordinance of the city council, or by the director (upon authorization by resolution of the city council).

(Ord. 1226 § 5, 2017; Ord. 1227 § 3, 2018)

A. Permit Application. An applicant shall submit an application to the director, in a form provided by the city, and the application shall contain the following information:

1. The address of the property where cannabis cultivation is to occur.

2. The name of the applicant and a statement as to whether the applicant is an owner or tenant of the property where cultivation is to occur. If the applicant is not the owner of the property, property owner acknowledgement, in a form provided by the city, that the property owner consents to the cultivation of cannabis at the property.

3. Applicant certification, through a form provided by the city, that the applicant has inspected the proposed cultivation site, and the proposed cultivation site meets the requirements of this chapter, state law, and any other applicable chapters of the Bell City Code, including, but not limited to, health, safety and welfare requirements.

4. Any other information the director deems necessary to efficiently administer applications and permits so as to further the purposes of this chapter.

B. Action on Applications.

1. Upon receipt of a completed application and payment of any applicable application and permit fees, the director shall review the information contained in the application to determine whether the applicant shall be issued the permit.

2. If the director determines that the applicant has completed the application improperly, the director shall notify the applicant within 30 days of receipt of the application. The applicant will then have 30 days to complete the application. If the application is not submitted within that time frame, or is resubmitted incomplete, the director shall deem the application abandoned, and the applicant may then resubmit a new application for review.

3. Within 60 days of receipt of a completed application, the director shall complete the review, approve or deny the application, and so notify the applicant by United States mail, first class postage prepaid, addressed to the applicant at the address stated in the application.

4. The director shall grant the application upon affirmative findings the applicant, and the cannabis cultivation site, have met the requirements of this chapter as determined by applicant compliance with subsection A.

5. At the director's sole discretion, the time limits in subsection B may be extended upon written notification from the director to the applicant.

C. Permit Not Transferable. A permit issued pursuant to this chapter is non-transferable and is specific to both the permit holder and the private residence for which it was issued.

D. Permit Revocation. Permits issued under this section may be revoked by the director upon making any of the following findings:

1. The permit was issued in error or the application contained materially incorrect or false information.

2. The cannabis cultivated at the cultivation site has been sold or used for any commercial use, or any other use or activity prohibited by city or state law, including, but not limited to, Sections 11362.1, 11362.2, and 11352.3 of the Health and Safety Code, and as they may be amended.

3. The cannabis cultivation site has become a public nuisance or has been operated in a manner constituting a public nuisance.

4. The cannabis cultivation is not in compliance with the provisions of this chapter.

E. Appeals. Any decision regarding an application for, or the revocation of, a personal cannabis cultivation permit may be appealed to the city manager by an applicant or (former) permit holder as follows:

1. Appellant must file a written appeal with the Bell city clerk within 10 calendar days of the decision. The written appeal shall specify the person making the appeal, identify the decision appealed from, state the reasons for the appeal, and include any evidence in support of the appeal.

2. Notice of the time and place of an appeal hearing shall be provided to the appellant within 30 days of receipt of the written appeal by the Bell city clerk.

3. The appeal hearing shall be held within 60 days of the filing of the written appeal with the Bell city clerk, unless the 60 day time limit is waived by the appellant, or unless the city manager continues the appeal hearing date for good cause and upon written notification to the appellant.

4. The city manager shall review the facts of the matter, written documents submitted for review, the basis for making the decision which is under appeal, and then determine whether the director's decision should be reversed or affirmed. The determination made shall be in writing, shall set forth the reasons for the determination, and shall be final.

5. The provisions of Sections 1094.5 and 1094.6 of the Code of Civil Procedure set forth the procedure for judicial review of any final determination.

F. Fees. An application fee set by resolution of the city council may be required for formal processing of every application and appeal made under this chapter. The city council is authorized to pass resolutions to recover any and all fees and costs incurred by the administration and implementation of this chapter through an appropriate fee recovery mechanism to be imposed upon indoor cannabis cultivators and their operations.

(Ord. 1226 § 5, 2017; Ord. 1227 § 3, 2018)

A. Any violation of this chapter is punishable, at the discretion of the city prosecutor, as a misdemeanor or an infraction pursuant to Section 1.16.010 of this code, except for as preempted by state law; and, any violation of this chapter, at the discretion of the city, is punishable as an administrative citation pursuant to Chapter 1.20 of this code.

B. Public Nuisance Abatement.

1. Cannabis cultivation that is conducted in violation of any provisions of this chapter is deemed a public nuisance, which may be abated or enjoined from further operation, in accordance with the procedures set forth in Chapter 8.36 of this code.

2. All costs to abate such public nuisance, including attorneys' fees and court costs, shall be paid by the person causing the nuisance and the property owner where the nuisance is occurring.

3. Any appeal to a determination that cannabis cultivation constitutes a public nuisance shall be pursuant to the appeal provisions in Chapter 8.36 of this code.

C. The remedies described in this section are not mutually exclusive. Pursuit of any one remedy shall not preclude city from availing itself of any or all available administrative, civil, or criminal remedies, at law or equity.

D. Any violation of the provisions of this chapter shall constitute a separate offense for each and every day during which such violation is committed or continued.

(Ord. 1226 § 5, 2017; Ord. 1227 § 3, 2018)