Colusa Municipal Code Ch. 12E Personal Cannabis Cultivation

Footnotes:

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Editor's note— Ord. No. 560, § 3, adopted November 21, 2023, repealed the former ch. 12E., §§ 12E-1—12E-4, and enacted a new chapter as set out herein. The former chapter pertained to medical marijuana cultivation and derived from Ord. No. 497, § 2, adopted May 6, 2014.

A. The purpose of this chapter is to prevent community-wide adverse impacts including, but not limited to, increased criminal activity, fire and chemical hazards, objectionable odors, late night traffic, and the general deterioration of neighborhoods associated with cannabis cultivation for personal use.

B. Cannabis cultivation in the city can adversely affect the health, safety, and well-being of city residents. Therefore, reasonable regulation of cannabis cultivation is proper and necessary to avoid the concentration of substantial amounts of cannabis in one place and to avoid the risks of criminal activity, degradation of the natural environment, malodorous smells, and indoor electrical fire hazards that may result from unregulated cannabis cultivation.

(Ord. No. 560, § 3, 11-21-2023)

For the purposes of this chapter, the following definitions shall apply:

"Cannabis" means all parts of the plant cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It includes cannabis infused in foodstuff. It 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 resin extracted therefrom), fiber, oil, or cake, or the sterilized seeds of the plant that are incapable of germination.

"Cannabis cultivation" or "cannabis cultivation activities" shall mean the planting, growing, harvesting, drying, processing, or storage of one or more cannabis plants or any part thereof.

"Cannabis plant" shall mean any mature or immature cannabis plant, or any cannabis seedling.

"Childcare center" shall mean any licensed childcare center, daycare center, childcare home, or any preschool.

"Church" shall mean any structure or leased portion of a structure, which is used primarily for religious worship and related religious activities.

"Commercial cannabis activity" shall mean the possession, processing, transporting, obtaining, purchasing, or giving away, storing, cultivation, or manufacture of cannabis for compensation or sale. "Commercial cannabis activity" shall also mean the laboratory testing, distribution, delivery, dispensing, mobile dispensing, or mobile delivery of cannabis.

"Community center" shall mean any facility open to the public at which classes, social activities, recreational activities, educational activities, support, and public information are offered for all residents of the community.

"Fully enclosed and secure structure" shall mean a building completely detached from a residence that complies with the California 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 roofs must be constructed of solid materials that cannot be easily broken through, such as 2" × 4" nominal or thicker studs overlaid with three-eighths inch or thicker plywood or the equivalent. Exterior walls must be constructed with nontransparent material. Plastic sheeting, regardless or gauge, or similar products do not satisfy this requirement. Hoop style greenhouses or an equivalent style are not allowed.

"Enforcement officer" shall mean the chief of police, building official, code enforcement official, environmental health department director, public health officer, agricultural commissioner, fire chief, clerk of the board of supervisors, or their designees.

"Hoop style greenhouse" is a temporary structure used as a greenhouse or a season extender and is characterized by its typical construction of polyethylene and PVC pipe. Also known as a hoop house, poly-tunnel, poly-house, or high-tunnel.

"Indoors" shall mean inside a private residence or inside an accessory structure to a private residence located upon the grounds of a private residence that is fully enclosed and secure.

"Outdoors" means any location within the City of Colusa that is not within a fully enclosed and secure structure.

"Park" shall mean any public playground, public recreation center or area, and other public areas created, established, designed, maintained, provided, or set aside by the county, and city or any other public entity or agency, for the purposes of public rest, play, recreation, enjoyment or assembly, and all buildings and structures located thereon or therein.

"Personal grow" shall mean no more than the total of six plants per residence, both indoor and outdoor, regardless of number of persons living there.

"Premises" shall mean a single parcel of property. Where contiguous parcels are under common ownership or control, such contiguous parcels shall be counted as a single "premises" for purposes of this chapter.

"Primary caregiver" shall have the same meaning as set forth in Health and Safety Code sections 11362.5 and 11362.7, et seq.

"Private residence" shall have the same meaning as contained in Health and Safety Code Section 11362.2 (b)(5) as it now reads or as amended.

"Public right-of-way" shall mean any public street, sidewalk, trail, or navigable waterway, as well as any property owned by a public agency.

"Qualified patient" shall have the same meaning as set forth in Health and Safety Code sections 11326.5 and 11362.7, et seq.

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

"Residential unit" means any building or portion thereof legally existing which contains living facilities, including provisions for sleeping, eating, cooking, and sanitation on a premises or legal parcel located within a residential or agricultural-residential zoning district.

"Responsible party" shall mean:

(1) Each person committing the violation or causing a condition on a premises located within the jurisdiction of the city which violates this chapter;

(2) Each person who has an ownership interest in that premises; or

(3) Each person who, although not an owner, nevertheless occupies or has a legal right or a legal obligation to exercise possession or control over that premises. In the event a person who commits the violation or causes the violation is a minor, then the minor's parents or legal guardian shall be deemed the responsible party.

"School" shall mean any institution of learning for minors, whether public or private, offering a regular course of instruction required by the California Education Code. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education; excluding home school, vocational or professional institution of higher education, including a community college, junior college, college, or university.

(Ord. No. 560, § 3, 11-21-2023)

Non-commercial cultivation of small amounts of cannabis for personal use is only permitted in residential zones when all of the following conditions and standards are met:

A. Generally.

1. Cannabis cultivation is permitted only on parcels with residential units where the owner of the personal grow resides full-time. Only one personal grow is allowed per person and such person shall not participate in personal cannabis cultivation in more than one location within the city. Cannabis cultivation activities may only occur within a residential unit, garage or fully enclosed and secure structure that is secured and locked.

2. From the public right-of-way, there shall be no exterior evidence of cannabis cultivation.

3. The cannabis cultivation area shall not adversely affect the health or safety of the nearby residents by creating dust, glare, excessive light, heat, noise, noxious gases, odors, smoke, traffic, vibration, or other impacts, and shall not be hazardous due to the use of storage of materials, processes, products, or waste.

4. Cultivation shall not exceed six cannabis plants of any size per residential unit. The maximum number of plants shall be limited regardless of the number of qualified patients or primary caregivers residing on the property.

5. Cannabis cultivation activities shall not be upon any property or parcel containing a childcare center, school, or place of religious or public assembly.

6. Indoor grow lights shall not exceed one thousand two hundred watts and shall comply with the California Building, Electrical and Fire Codes as adopted by the city.

7. Cannabis cultivation activities shall not be accessible to persons under eighteen years of age.

B. Cannabis Cultivation Within Residential Units, Specifically.

In addition to those requirements listed in subsection A of this section, cannabis cultivation activities within a residential unit shall also comply with the following requirements:

1. The residential unit shall, at all times, maintain a kitchen, bathroom, and primary bedroom(s) for their intended purpose, and shall not be used for cannabis cultivation.

2. Any cannabis cultivation activities shall not create humidity, mold, or other nuisance condition.

C. Cannabis Cultivation Within a Fully Enclosed and Secure Structure, Specifically.

In addition to those requirements listed in subsection A of this section, cannabis cultivation activities within a detached accessory structure shall also comply with the following requirements:

1. The structure shall be no smaller than one hundred twenty square feet in size.

2. The structure shall be located within the rear yard area of any legal parcel or premises.

3. The structure shall maintain a minimum setback of ten feet from any property line.

4. Any accessory structure used for cannabis cultivation must have a valid building permit issued by the city building official. The building official shall consult with the planning director and enforcement officers in consideration of any building permit application seeking a building permit for the construction or alteration of any detached accessory structure to be used for cannabis cultivation.

(Ord. No. 560, § 3, 11-21-2023)

A. There shall be no variances or deviations permitted to any standards or requirements within this chapter.

B. Nothing in this chapter is intended to authorize the cultivation, possession, or use of cannabis in violation of state law.

A. It is hereby declared to be unlawful for any person owning, leasing, occupying, or having charge or possession of any parcel within the City of Colusa to create a public nuisance in the course of cultivating cannabis plants or any part thereof. 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 (more than three times in a one-year time period) to the parcel from law enforcement officers;

3. Repeated disruption (more than three times in a one-year time period) to the free passage of persons or vehicles in the neighborhood;

4. Excessive noise in violation of applicable city noise standards in the general plan or municipal code;

5. Any other impacts on the neighborhood which are disruptive of normal activity in the area. It is unlawful and a public nuisance for any person owning, leasing, renting, occupying, or having charge or 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 cannabis plants.

B. It is unlawful and a public nuisance for any person to use gas products, such as CO 2 , butane, propane, and natural gas, for the cultivation, extraction, or processing of personal use cannabis.

C. It is unlawful and a public nuisance for any person to use generators for personal use cannabis cultivation activities.

D. In addition to the foregoing, any use or condition caused or permitted to exist in violation of any of the provisions of this chapter shall be and is hereby declared a public nuisance and may be abated by the city or subject to any available legal remedies, including but not limited to, civil injunctions. The prohibitions outlined in this chapter shall be imposed regardless of the number of qualified patients or primary caregivers residing at the premises or participating directly or indirectly in the cultivation. Further, this prohibition shall be imposed notwithstanding any assertion that the person(s) cultivating cannabis are the primary caregiver(s) for qualified patients or that such person(s) are collectively or cooperatively cultivating cannabis.

(Ord. No. 560, § 3, 11-21-2023)

In the discretion of the enforcement officer, any person violating the provisions of this chapter shall be issued an administrative citation pursuant to Colusa Municipal Code chapter 12C. Each such violation shall be deemed a separate offense. This section provides a civil penalty remedy that is in addition to all other legal remedies, criminal or civil, which may be pursued by the city to address any violation of this chapter.

(Ord. No. 560, § 3, 11-21-2023)