Bellflower Municipal Code Ch. 14.12 Cannabis Cultivation

Outdoor cultivation of cannabis is prohibited in all areas of the City.

(Ord. 1323 § 5, 8/28/17)

A Conditional Use Permit issued pursuant to Chapter 17.96 for a commercial cannabis cultivation facility must include, as conditions of approval, the operational standards required by this title. In addition, the Conditional Use Permit must incorporate by reference an Operations Plan approved by the Building Official and the Police Chief that implements not only the operational standards required by this title, but such additional conditions that the Building Official and Police Chief, find reasonably necessary to implement the purpose of this title when considering the location and size of the proposed cultivation facility.

(Ord. 1323 § 5, 8/28/17)

A. It is unlawful for any person to engage in the business of cannabis cultivation in the City of Bellflower without first obtaining a cannabis business permit pursuant to this title and a State-issued cultivation license. If a permittee's State cultivation license lapses for any reason, the cannabis business permit will automatically become void.

B. It is unlawful for there to be any visual evidence of cannabis cultivation when viewed from five feet above ground level from any street, sidewalk, public right-of-way, or adjacent property.

C. If a dispensary is authorized to include cultivation activities, the dispensary may have only one contiguous cultivation area.

D. It is unlawful to operate a cannabis business using a drive-through facility.

E. Any person issued a permit pursuant to this title must follow all pesticide use requirements of local, State and Federal law.

F. The cultivation of cannabis must be undertaken in a manner that ensures the health, safety, and welfare of the public, the employees of the cannabis business, visitors, and neighboring properties.

G. The Operations Plan for a cultivation facility must include a detailed electrical and plumbing plan, along with projections for water usage.

H. It is unlawful for there to be any audible or olfactory evidence of cannabis cultivation from any street, sidewalk, public right-of-way, or adjacent property.

I. The address of any building on a parcel where cannabis is cultivated must be posted and plainly visible from the public right-of-way.

J. All law enforcement personnel seeking admission to the cultivation site 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.

K. It is unlawful for any person under the age of 21 to be present within the area where the cultivation of cannabis is occurring. A sign must be posted at each entrance to a cultivation facility informing visitors of these restrictions.

L. All cultivation activity must be conducted in compliance with all applicable State and local water conservation laws, ordinances, and regulations.

M. Each cannabis cultivation facility 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.

N. It is unlawful for any person to employ another person under the age of 21 at a cannabis cultivation facility.

O. Entrances into any area of a cannabis cultivation facility where cannabis is grown or kept must be locked at all times with entry strictly controlled. The specifics of such entry system must be set forth in the Operations Plan.

P. Odor control devices and techniques must be incorporated in a cannabis cultivation facility to ensure that odors from cannabis are not detectable outside of the facility or in any tenant space or area adjacent to the facility.

Q. A cannabis cultivation facility must have a professionally installed, maintained, and monitored alarm system as approved through the Operations Plan.

R. All entrances and exits to and from the cultivation facility 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 City Manager or designee, 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 cultivation facility.

S. Cannabis cultivation facilities cannot be open to the public.

T. A cannabis cultivation facility must be equipped with an automated fire suppression system to the satisfaction of the Building Official.

U. It is unlawful for any cannabis cultivation facility to use, employ, or maintain any equipment, system, material or apparatus for the purpose of increasing the ambient carbon dioxide levels within any grow area.

V. A cannabis cultivation facility must maintain a valid business license as required by this title.

W. As part of the Operations Plan, permittees must execute an agreement in a form approved by the City Attorney that defends and indemnifies the City of Bellflower, along with its officials, officers, and employees, from any claim or liability arising from the City approving a cannabis business permit or allowing the operation of a cannabis cultivation facility. Such agreement must be secured with sufficient insurance, as determined by the City Attorney, and a surety, as approved by the City Attorney, to adequately protect the City from any and all liability.

X. A cannabis business permit for a cannabis cultivation facility is subject to all of the regulations and operational standards set forth in this section in addition to the conditions stated in the permit itself.

(Ord. 1323 § 5, 8/28/17)