El Monte Municipal Code Ch. 8.78 Personal Cannabis Cultivation

For purposes of this chapter 8.78, the following terms shall be defined as follows:

A. "Cannabis" means all parts of the plant Cannabis sativa L., 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.

B. "Cultivate" means participation any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

C. "Private residence" means a house, an apartment unit, a mobilehome, or other similar dwelling.

(Ord. No. 2902, § 3, 11-15-2016; Ord. No. 2903, § 2, 12-6-16)

The personal cultivation of cannabis outdoors upon the grounds of a private residence shall be completely prohibited in all zones in the city, pursuant to Health and Safety Code Section 11362.2(b)(3).

(Ord. No. 2902, § 3, 11-15-2016; Ord. No. 2903, § 2, 12-6-16)

A. Personal cannabis cultivation, as authorized under Health and Safety Code Section 11362.1(a)(3), shall require a valid city-issued indoor personal cannabis cultivation permit, pursuant to Health and Safety Code Section 11362.2(b)(1).

B. Personal cannabis cultivation shall be limited to the inside of a private residence, or inside [of] an accessory structure to a private residence located upon the grounds of a private residence that is fully enclosed and secure, so long as the portion of the residence or eligible accessory structure utilized for such cultivation does not reduce the amount of required parking applicable to the relevant residence.

C. If a residence or residence pertaining to an accessory structure as described in Section 8.78.030(B), above, is leased or rented, then an indoor personal cannabis cultivation permit may only be issued upon a written authorization from the owner of such property that explicitly allows such cultivation. Such written authorization shall accompany an application for an indoor personal cannabis cultivation permit. The property owner may revoke such authorization by providing written notice of revocation to the city and to the permittee. Thirty (30) calendar days after receipt of such notice by the city, the relevant indoor personal cannabis cultivation permit shall be null and void.

D. Indoor personal cannabis cultivation permits shall be non-transferrable without the written consent of the city.

E. Indoor personal cannabis cultivation permits shall be valid for a period of one calendar year from the date of issuance of an indoor personal cannabis cultivation permit, unless renewed for an additional one year period prior to expiration.

F. Application.

1. The form and content of the application for an indoor personal cannabis cultivation permit shall be approved by the Chief of Police.

2. Prior to the issuance or renewal of an indoor personal cannabis cultivation permit, the Building Official or designee shall conduct an inspection of the proposed cultivation area to confirm that that no immediate threats to health or safety exist in the proposed cultivation area and that cultivation would comply with the standards set forth in this chapter 8.78. The Building Official or designee may require additional standards to those set forth in this chapter 8.78 in order to ensure compliance with the building, zoning, housing, and fire codes.

3. Applications shall be filed with the City Clerk and accompanied by an application (including inspection) fee, as established by City Council resolution.

4. The Chief of Police, or designee, shall consider and either approve or disapprove an application for an Indoor Personal Cannabis Cultivation Permit and deliver written notice of such approval or disapproval by first class mail to the applicant within thirty (30) calendar days of the city's receipt of such complete application.

5. Appeal of Disapproval.

a. Within fifteen (15) calendar days of transmittal of the Chief of Police's notice of disapproval of an application, the applicant denied approval may appeal the disapproval by notifying the City Clerk in writing of the appeal, the reasons for the appeal, and payment of any accompanying fees.

b. The City Clerk shall set a hearing on the appeal and shall fix a date and time certain, within thirty (30) calendar days after the receipt of the applicant's appeal, unless the city and the applicant agree to a longer period of time to consider the appeal. The City Clerk shall provide notice of the date, time, and place of the hearing, at least seven (7) calendar days prior to the date of the hearing.

c. The City shall appoint a hearing officer to hear the appeal and determine the order of procedure, and rule on objections to the admissibility of evidence. The applicant and the city shall each have the right to submit documents, call and examine witnesses, cross-examine witnesses, and argue their respective positions. The proceedings shall be informal, free of application of the strict rules of evidence. All evidence shall be admissible if it is of the and that a reasonably prudent person would rely upon in making a determination on the matter.

d. The hearing officer shall issue a written decision within fifteen (15) days after the close of the hearing. The decision of the hearing officer shall be final.

G. Periodic Inspections. Permittees who possess current and valid indoor personal cannabis cultivation permits shall be subject to periodic city inspections, not to exceed more than one inspection every six (6) month period, to ensure compliance with the standards set forth in this chapter 8.78 upon at least seventy-two (72) hours written notice from the city.

(Ord. No. 2902, § 3, 11-15-2016; Ord. No. 2903, § 2, 12-6-16)

A. Any and all live cannabis plants cultivated by persons in the city pursuant to Health and Safety Code Section 11362.1(a)(3) shall be kept in a locked space that is not visible by normal unaided vision from a public place, subject to any and all limitations applicable under Health and Safety Code Sections 11362.1 and 11362.2.

B. All structures in which such indoor personal cannabis cultivation occurs shall comply with all applicable zoning, building, housing, and fire code requirements.

C. The use of grow lights, fans, ventilation devices or any other electrical, irrigation, or mechanical equipment shall comply with all applicable building, housing, and fire code requirements and related permitting and inspection requirements.

D. Indoor grow lights shall not exceed two thousand (2,000) watts total illumination, and the installation, wiring, and operation of such lighting shall comply with the applicable building, housing, and fire code requirements and related permitting and inspection protocols.

E. The use of gas products (CO2, butane, propane, natural gas, etc.) or generators for personal indoor cannabis cultivation under this section 8.78.040 shall be prohibited.

F. Any structure utilized for personal indoor cannabis cultivation under this section 8.78.040 shall have ventilation and filtration systems installed to prevent the odor of cannabis from escaping the interiors of such structure and the accumulation of mold. Such systems shall be compliant with applicable building, housing, and fire code requirements and has undergone and related necessary inspections.

G. The cultivation area shall not be accessible to persons under twenty-one (21) years of age.

H. A portable fire extinguisher shall be kept in the same room where indoor cultivation occurs.

I. There shall be no external or noxious olfactory evidence of marijuana cultivation from any street, sidewalk, public right-of-way, or adjacent property.

J. Runoff and waste disposal by the residence where cultivation occurs must be in compliance with any applicable local, state, and federal regulations and laws.

(Ord. No. 2902, § 3, 11-15-2016; Ord. No. 2903, § 2, 12-6-16)