Citrus Heights Municipal Code Art. VI Non-Medical Marijuana Cultivation

The purpose and intent of this article is to regulate the cultivation of non-medical marijuana in a manner that protects the health, safety and welfare of the community. Health and Safety Code § 11362.2 authorizes the city to adopt reasonable regulations regarding the cultivation of non-medical marijuana inside a private residence or accessory structure to a private residence. That section also authorizes the city to completely prohibit the cultivation of non-medical marijuana outside, as long as the California Attorney General has not made a determination that the non-medical use of marijuana is lawful in California under federal law. The attorney general has not made such a determination.

This article is not intended to interfere with the right of an individual 21 years of age or over to cultivate non-medical marijuana, as provided for by Proposition 64, also known as the Control, Regulate and Tax Adult Use of Marijuana Act. This article is not intended to give any person independent legal authority to grow non-medical marijuana; it is intended simply to impose reasonable regulations on the cultivation of non-medical marijuana when cultivation is authorized by California state law.

Furthermore, it is the purpose and intent of this article to require that non-medical marijuana be cultivated only in appropriately secured, enclosed, and ventilated structures, so as not to be visible to the general public; to provide for the health, safety and welfare of the public; to prevent odor created by non-medical marijuana plants from impacting adjacent properties; and to ensure that marijuana grown in the city remains secured.

(Ord. No. 2016-009, § 3, 9-22-2016)

For the purposes of this article, the following definitions shall apply unless the context clearly indicates otherwise. If a word is not defined in this article, and not otherwise defined in state law, the common and ordinary meaning of the word shall apply.

City means the City of Citrus Heights.

Cultivation means the planting, growing, harvesting, drying or processing of marijuana plants or any part thereof.

Fully enclosed and secure structure means a space within a building that complies with the applicable 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. Walls and roof must be constructed of solid materials that cannot be easily broken through, and must be constructed with non-transparent material.

Indoors means inside a fully enclosed and secure structure or within a residential structure.

Non-medical marijuana means marijuana that is intended to be used for non-medical purposes pursuant to Health and Safety Code § 111362.1 et seq.

Outdoors means any location within the city that is not within a fully enclosed and secure structure.

Person means any individual, partnership, co-partnership, firm, association, joint stock company, corporation, limited liability corporation, collective, cooperative, or combination thereof in whatever form or character.

Private residence means a house, an apartment unit, a mobile home or other similar dwelling.

Solid fence means a fence constructed of substantial material, such as wood or metal, that prevents viewing the contents from one side to the other side of the fence.

(Ord. No. 2016-009, § 3, 9-22-2016)

The following regulations shall apply to the cultivation of non-medical marijuana within the city:

(1) Cultivation not in compliance with this article. It is declared to be unlawful and a public nuisance for any person owning, leasing, occupying or having charge or possession of any parcel or premises within any zoning district in the city to cultivate non-medical marijuana except as provided for in this Code. No person other than an individual 21 years of age or older may engage in the cultivation of non-medical marijuana.

(2) Outdoor cultivation. It is unlawful and a public nuisance for any person owning, leasing, occupying, or having possession of any legal parcel or premises within any zoning district in the city to cause or allow such parcel or premises to be used for the outdoor cultivation of non-medical marijuana.

(3) Indoor cultivation. Indoor cultivation of non-medical marijuana is prohibited in all zoning districts of the city, except for residential zones or in commercial zones, when such cultivation occurs on a parcel or premises with an approved private residence. All cultivation must be in compliance with this article.

(4) Indoor cultivation in private residence. The indoor cultivation of non-medical marijuana in a residential zone or in a commercial zone on a parcel or premises with an approved private residence, shall only be conducted within a fully enclosed and secure structure or within a residential structure. Such cultivation shall be in conformance with the following minimum standards:

a. The primary use of the property shall be for a residence. Non-medical marijuana cultivation is prohibited as a home occupation.

b. All areas used for cultivation of non-medical marijuana shall comply with chapter 18 (Buildings and Building Regulations) of the Citrus Heights Municipal Code, as well as applicable law.

c. Indoor grow lights shall not exceed 1,200 watts per light, and shall comply with the California Building, Electrical and Fire Codes as adopted by the city.

d. The use of gas products (CO 2 , butane, propane, natural gas, etc.) or generators for cultivation of non-medical marijuana is prohibited.

e. Any fully enclosed and secure structure or residential structure used for the cultivation of non-medical marijuana must have a ventilation and filtration system installed that shall prevent marijuana plant odors from exiting the interior of the structure and that shall comply with chapter 18 (Building and Building Regulations) of the Citrus Heights Municipal Code.

f. A fully enclosed and secure structure used for the cultivation of non-medical marijuana shall be located in the rear yard area of the parcel or premises, and must maintain a minimum ten-foot 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 in height. This provision shall not apply to cultivation occurring in a garage.

g. Adequate mechanical locking or electronic security systems must be installed as part of the fully enclosed and secure structure or the residential structure prior to the commencement of cultivation.

h. Non-medical marijuana cultivation shall be limited to six marijuana plants per private residence, regardless of whether the marijuana is cultivated inside the residence or a fully enclosed and secure structure. The limit of six plants per private residence shall apply regardless of how many individuals reside at the private residence.

i. The residential structure shall remain at all times a residence, with legal and functioning cooking, sleeping and sanitation facilities with proper ingress and egress. These rooms shall not be used for non-medical marijuana cultivation where such cultivation will prevent their primary use for cooking of meals, sleeping and bathing.

j. Cultivation of non-medical marijuana shall only take place on impervious surfaces.

k. From a public right-of-way, there shall be no exterior evidence of non-medical marijuana cultivation occurring on the parcel.

l. Non-medical marijuana cultivation area, whether in a fully enclosed and secure structure or inside a residential structure, shall not be accessible to persons under 21 years of age.

m. Written consent of the property owner to cultivate non-medical marijuana within the residential structure shall be obtained and shall be kept on the premises, and available for inspection by the chief of police or his/her designee.

n. A portable fire extinguisher, that complies with the regulations and standards adopted by the state fire marshal and applicable law, shall be kept in the fully enclosed and secure structure used for cultivation of non-medical marijuana. If cultivation occurs in a residential structure, the portable fire extinguisher shall be kept in the same room as where the cultivation occurs.

(Ord. No. 2016-009, § 3, 9-22-2016)

Any use or condition caused or permitted to exist in violation of any of the provisions of this article is hereby declared a public nuisance and may be abated by the city.

(Ord. No. 2016-009, § 3, 9-22-2016)

(a) Violation of this article is a public nuisance and may be enforced pursuant to the provisions of the Municipal Code.

(b) Nothing in this article in any way limits any other remedies that may be available to the city, or any penalty that may be imposed by the city, for violations of this article. Such additional remedies, include, but are not limited to, injunctive relief or administrative citations.

(Ord. No. 2016-009, § 3, 9-22-2016)