32-94 REGULATION OF MARIJUANA ACTIVITIES

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

Accessory structure shall mean a structure on the same parcel of land as a private residence and which is fully enclosed by solid walls and roof and is secured by locking door(s).

Marijuana shall have the same meaning as set forth in California Health and Safety Code Section 11018.

Marijuana cultivation shall mean the planting, growing, harvesting, drying or processing of marijuana plants or any part thereof, and any and all associated business and/or operational activities.

Marijuana delivery shall mean the commercial delivery, transfer or transport, or arranging for the delivery, transfer or transport, or the use of any technology platform to arrange for or facilitate the commercial delivery, transfer or transport of marijuana, or any marijuana products to or from any location within the jurisdictional limits of the Town of Danville, and any and all associated business and/or operational activities.

Marijuana dispensary shall mean any facility or location, whether fixed or mobile where marijuana, or any marijuana products are provided, sold, made available or otherwise distributed to any person.

Marijuana processing shall mean any method used to prepare marijuana, or any marijuana products for commercial retail and/or wholesale sales, including but not limited to: cleaning, curing, preparation, laboratory testing, manufacturing, packaging and extraction of active ingredients to create marijuana related products and concentrates.

Marijuana products shall have the same meaning as set forth in California Health and Safety Code Section 11018.1.

Outdoor shall mean any location within the Town of Danville that is not within a fully enclosed and secured private residence or accessory structure.

Private residence shall mean a house, apartment unit, mobile home or other similar dwelling unit permitted by this Code.

(Ord. 2011-02, § 2; Ord. 2016-01, § 2; Ord. 2017-01, § 2)

Marijuana dispensaries as defined in Section 32-94.1 are prohibited in all zones in the Town of Danville. No conditional or land use permit, variance, license or other entitlement shall be issued for the establishment or operation of a medical marijuana dispensary.

(Ord. 2011-02, § 2; Ord. 2016-01, § 2; Ord. 2017-01, § 2)

32-94.3. Outdoor Cultivation of Marijuana as a Prohibited Use.

Outdoor marijuana cultivation, as defined in Section 32-94.1, by any person or entity, is prohibited in all zones within the Town's jurisdictional limits. No conditional or land use permit, variance, license or other entitlement shall be issued for the establishment of such use or activity.

(Ord. 2016-01, § 2; Ord. 2017-01, § 2)

A person may cultivate and possess no more than six (6) marijuana plants inside a private residence and/or inside an accessory structure on the same parcel as the private residence, so long as the following standards are met:

• a. The primary use of the property shall be as a residence. Marijuana cultivation is prohibited as a home occupation.

b. All areas used for cultivation of marijuana shall comply with Chapter 32 of this Code.

c Indoor grow lights shall not exceed 1,000 watts per light and shall comply with the California Building, Electrical and Fire Codes as adopted by the Town in Chapter 10 of this Code.

d. The use of gas products (CO2, butane, propane, natural gas, etc.) or generators for cultivation of marijuana is prohibited.

e. All fully enclosed and secure structures sued for the cultivation of marijuana shall have a ventilation and filtration system installed that shall prevent marijuana plant odors from existing the interior of the structure.

f. Any accessory structure used for the cultivation of marijuana shall be located in the rear yard of the property and shall comply with otherwise applicable setbacks for accessory structures. The yard in which the accessory structure is located shall be enclosed by a solid fence. This provision shall not apply to cultivation occurring in a garage.

g. Adequate mechanical locking or electronic security systems shall be installed on the primary residence or accessory structure where the cultivation is occurring.

h. Marijuana cultivation shall be limited to six marijuana plants per private residence, regardless of whether the marijuana is cultivated inside the residence or an accessory structure. The limit of six plants per private residence shall apply regardless of how many individuals reside at the property.

i. The private residence shall remain at all times a residence, with legal and functioning cooking, sleeping and sanitation facilities with proper ingress and egress.

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

k. The marijuana cultivation shall not be visible by normal, unaided vision from any public place.

l. Any area within the primary residence or accessory structure in which marijuana cultivation is occurring shall not be accessible to persons under 21 years of age.

m. Written consent of the property owner to cultivate marijuana shall be obtained and kept on the premises.

n. A portable fire extinguisher that complies with all applicable regulations and standards shall be kept in the area being used for marijuana cultivation.

• (Ord. 2017-01, § 2)

As required by Business and Professions Code Section 26322, the retail sale by delivery of medicinal cannabis to medicinal cannabis patients or their primary caregivers by a licensed medicinal cannabis business shall be permitted, provided such sales and deliveries are consistent with applicable regulations adopted by the California Bureau of Cannabis Control. All other deliveries of marijuana are prohibited and no conditional or land use permit, variance, license or other entitlement shall be issued for the establishment of such use or activity.

(Ord. 2016-01, § 2; Ord. 2017-01, § 2; Ord. 2023-09, § 1)

32-94.6. Processing of Marijuana as a Prohibited Use.

Marijuana processing, as defined in Section 32-94.1, by any person or entity, including, but not limited to, clinics, collectives, cooperatives and dispensaries, is prohibited in all zones within the Town's jurisdictional limits. No conditional or land use permit, variance, license or other entitlement shall be issued for the establishment of such use or activity.

(Ord. 2016-01, § 2; Ord. 2017-01, § 2)