Fontana Municipal Code Div. 3 Marijuana Uses

(a) The purpose of this section is to regulate personal, medical, and commercial marijuana uses. Nothing in this section shall preempt or make inapplicable any provision of state or federal law.

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

(1) Commercial marijuana activity means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, distribution, delivery or sale of marijuana and marijuana products.

(2) Cultivation means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana.

(3) Cultivation area means the area where marijuana plants are cultivated, cultivation-related materials and supplies are stored, and any marijuana processed from the cultivation in excess of 28.5 grams.

(4) Delivery means the commercial transfer of marijuana or marijuana products to a customer. "Delivery" also includes the use by a retailer of any technology platform owned and controlled by the retailer, or independently licensed under California law, that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of marijuana or marijuana products.

(5) Directly engage in cultivation means to handle the marijuana plants in the cultivation process.

(6) Distribution means the procurement, sale, and transport of marijuana and marijuana products between entities for commercial use purposes.

(7) Indirectly engage in cultivation means to assist, even if not handling marijuana plants, in the cultivation process.

(8) Licensee means the holder of any state issued license related to marijuana activities, including, but not limited to, licenses issued under Division 10 of the Business and Professions Code.

(9) Manufacture means to compound, blend, extract, infuse, or otherwise make or prepare a marijuana product.

(10) Marijuana 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. It does not include:

a. Industrial hemp, as defined in the California Health and Safety Code § 11018.5; or

b. The weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product.

(11) Marijuana accessories means any equipment, products or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana or marijuana products into the human body.

(12) Marijuana products means marijuana that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing marijuana or concentrated cannabis and other ingredients.

(13) Person means any individual, firm, co-partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.

(14) Personal use means to possess, use, or give away to persons 21 years of age or older without any compensation whatsoever.

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

(16) Sale means any transaction whereby, for any consideration, title to marijuana is transferred from one person to another, and includes the delivery of marijuana or marijuana products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of marijuana or marijuana products by a licensee to the licensee from whom such marijuana or marijuana product was purchased.

(17) Youth center means any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations, or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities.

Any term defined in this section also means the very term as defined in the California Business and Professions Code or the California Health and Safety Code, unless otherwise specified.

(a) For purposes of this section, personal, recreational use, possession, purchase, transport, or dissemination of marijuana shall be considered unlawful in all areas of the City to the extent it is unlawful under California law.

(b) Outdoor cultivation. A person may not plant, cultivate, harvest, dry, or process marijuana plants outdoors in any zoning district of the City. No use permit, building permit, variance, or any other permit or entitlement, whether administrative or discretionary, shall be approved or issued for any such use or activity.

(c) Indoor cultivation.

(1) A person may not plant, cultivate, harvest, dry, or process marijuana plants inside a private residence, or inside an accessory structure to a private residence located upon the grounds of a private residence, or inside any other enclosed structure within any zoning district of the City. No use permit, building permit, variance, or any other permit or entitlement, whether administrative or discretionary, shall be approved or issued for any such use or activity.

(2) To the extent a complete prohibition on indoor cultivation is not permitted under California law, a person may not plant, cultivate, harvest, dry, or process marijuana plants inside a private residence, or inside an accessory structure to a private residence located upon the grounds of a private residence, unless the person is issued an indoor cultivation permit by the Community Development Department. A person may not plant, cultivate, harvest, dry, or process marijuana plants inside any enclosed structure within any zoning district of the City which is not either a private residence or an accessory structure to a private residence located upon the grounds of a private residence.

(d) Medical use.

(1) Cultivation of medical marijuana pursuant to the California Health and Safety Code § 11362.77 is subject to the cultivation requirements laid out in subsection (c) of this section.

(2) The establishment or operation of any medical marijuana collective, cooperative, dispensary, delivery service, operator, establishment, or provider shall be considered a prohibited use in all zoning districts of the City. No use permit, variance, building permit, or any other entitlement or permit, whether administrative or discretionary, shall be approved or issued for the establishment of any collective, cooperative, dispensary, delivery service, operator, establishment, or provider in any zoning district, and no person shall otherwise establish such businesses or operations in any zoning district.

(e) Commercial use.

(1) The establishment or operation of any business of commercial marijuana activity is prohibited. No use permit, variance, building permit, or any other entitlement or permit, whether administrative or discretionary, shall be approved or issued for the establishment or operation of any such business or operation. Such prohibited businesses or operations may include, but are not limited to:

a. The transportation, delivery, storage, distribution, or sale of marijuana, marijuana products, or marijuana accessories;

b. The cultivation of marijuana;

c. The manufacturing or testing or marijuana, marijuana products, or marijuana accessories; or

d. Any other business licensed by the state or other government entity under the California Business and Professions Code div. 10, as it may be amended from time to time.

(f) No person, whether as principal, agent, employee, or otherwise, shall violate, cause the violation of, or otherwise fail to comply with any of the requirements of this section. Every act prohibited or declared unlawful, and every failure to perform an act made mandatory by this section, shall be a misdemeanor or an infraction, at the discretion of the City Attorney or the District Attorney. In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any of the provisions of this section is declared a public nuisance and may be abated as provided in Section 30-8(7), and/or under state law.

Purpose. The purpose of this section is to prescribe the requirements and process for the residential indoor marijuana cultivation (RIMC) permit. The RIMC permit is intended to serve as an instrument of the City's reasonable regulation of residential indoor marijuana cultivation as provided by California Health and Safety Code § 11362.2(b)(1).

(1) Applicability.

a. A person may directly or indirectly engage in residential indoor marijuana cultivation only after obtaining and maintaining a valid RIMC permit from the City of Fontana.

b. A RIMC permit authorizes:

1. Only one person,

2. To directly or indirectly engage in residential indoor marijuana cultivation for personal use,

3. At only one residence.

c. A RIMC permit does not authorize:

1. Construction or improvements of any structure,

2. A property-at-large for marijuana cultivation,

3. The permit holder or any others to engage in any activity licensed by the State of California under the Business and Professions Code div. 10, or

4. The following people to directly or indirectly engage in residential indoor marijuana cultivation:

i. The permit holder's family members,

ii. Cohabitants,

iii. Guests,

iv. Future residents, or

v. Any other person other than the permit holder.

d. A person may not hold more than one RIMC permit at a time. Multiple permit holders may be authorized to engage in residential indoor marijuana cultivation at the same residence, but a residence must include no more than one cultivation area, and no residence may cultivate more than six plants in total, regardless of how many permit holders are present.

(2) Review and appellate authority.

a. Applications for a RIMC permit will be processed and reviewed by the Director of Community Development or his or her designee. The Director of Community Development may approve or deny an application based on the findings provided in Section 30-8(4), below.

b. A decision by the Director of Community Development may be appealed to the City Manager or his or her designee by the following parties within 15 days after receipt of the Director of Community Development's final decision:

1. The applicant, or

2. Owner(s) or resident(s) of the property

(3) Application and notice.

a. Applications for RIMC permit shall be filed with the Planning Division upon such forms and accompanied by such data, information, and fees as may be required by the Planning Division, to ensure a full presentation of the facts. No application shall be considered by the Planning Commission until the application is determined to be complete and all required fees have been paid to the City.

b. Application fees shall be assessed as provided by resolution of the City Council.

c. The City will provide written notification of the complete application to the applicant within 30 calendar days of complete submission, indicating whether the application has been approved or denied.

(4) Findings for approval for an RIMC permit. The Director of Community Development or his or her designee may approve an application for an RIMC permit if the following findings are made:

a. The applicant shall be 21 years of age or older.

b. The residence shall be the primary dwelling of the applicant; moreover, shall not be used for any of the following activities:

1. Day care.

2. Youth center.

3. Group homes.

4. Any facility that does not allow cultivation of marijuana by law or policy.

(5) Cultivation area.

a. The cultivation area must be located within the residence or within an accessory structure.

b. The cultivation area must not be used or prepared in a manner to cultivate more than six marijuana plants.

c. The cultivation area must not be visible from anywhere outside the residence. Any windows, skylight, ventilation, or other opening must be sufficiently covered or opaque as to obscure visibility of the cultivation area from any adjacent property.

d. The cultivation area must not produce odors, sounds, or other emissions that are sensible from adjacent properties and may indicate marijuana cultivation.

(6) Expiration and renewal.

a. A RIMC permit expires, if not renewed, one year from the date of approval.

b. A RIMC permit may be renewed, if prior to the expiration, the permit holder:

1. Completes forms and submittal materials for renewal as required by the Director of Community Development,

2. The permit holder passes an inspection approved by the Director of Community Development,

3. Pays a renewal fee as approved by resolution by City Council.

(7) Suspension and termination.

a. The City may suspend or terminate a RIMC permit at any time for failure to comply with applicable governing regulations.

b. If a RIMC permit is suspended, the suspension will be effective and the permit holder's marijuana crop may be impounded until the permit holder:

1. Demonstrates compliance with the applicable governing regulations, and

2. Pays a fine and renewal fee as approved by resolution by City Council.

c. If a RIMC permit is terminated, the permit holder's marijuana crop may be impounded. The permit holder may not apply for another RIMC permit until the permit holder pays a fine as approved by resolution by City Council.

d. A suspension or termination of a RIMC permit may be appealed to the City Manager or his or her designee by the permit holder.

(8) Subsequent applications.

a. Application for a different residence.

1. If a permit holder applies for a RIMC permit for a residence other than specified on the existing permit, the existing RIMC permit will be suspended upon application for the new permit.

2. If the application is approved, the existing RIMC permit is rescinded.

3. If the application is denied, the existing RIMC permit is reinstated.

4. If the applicant appeals a denial of the application, the existing RIMC permit remains suspended until a final decision is reached.

b. Application for a different cultivation area in the same residence. If a permit holder applies for a RIMC permit for the residence on the existing permit, but for cultivation area other than specified on the existing permit, the existing permit will terminate upon approval of the application. Only one cultivation area may exist in a residence at one time, and if another application is approved, the existing RIMC permit will terminate.

c. Application for same cultivation area in same residence. If another individual applies for a RIMC permit for the same cultivation area, no permit will be issued if the existing permit has been terminated or suspended. An additional RIMC permit for the same cultivation area shall only be issued if all permits related to that cultivation area remain in good standing with the City.

(9) No sale or transfer. A RIMC permit may not be sold or transferred.

The Director of Community Development shall, notwithstanding the provisions of any other code, law, or ordinance, withhold final approval and acceptance or final utility connections to any dwelling until all of the applicable provisions and requirements of Chapter 5, this chapter, herein, and any conditions or requirements officially established by the City, have been complied with.

(a) Unless a different penalty is prescribed for violation of a specific section of this chapter, any person, firm, or corporation, whether as principal, agent, employee, or otherwise, violating, causing a violation of, or failing to comply with any provision of this chapter or any condition of any development approval authorized by this chapter is guilty of a misdemeanor. Upon conviction thereof such person, firm, or corporation shall be punishable by a fine of $1,000.00, or by imprisonment in the county jail for a term not exceeding six-months, or by both such fine and imprisonment. Such person, firm, or corporation is deemed guilty of a separate offense for each and every day during any portion of which any violation of this chapter is committed, continued, or permitted by such person, firm, or corporation, and shall be punished as provided in this section.

(b) Any condition that is caused or permitted to exist on a property in violation of any provision of this chapter is hereby declared a public nuisance. In addition to the penalties provided in this section, the City Attorney may institute any necessary legal actions or proceedings to enforce the provisions of this chapter, including, but not limited to, an action of civil injunction, restraining order, or abatement proceeding. Costs, as defined in California Code of Civil Procedure § 1033.5, related to such proceedings may be awarded by the court or, upon resolution of the City Council, be declared a lien against the property upon which such a nuisance is maintained, and shall also be made the personal obligation of the property owner.

The provisions of this chapter shall not be construed to limit or interfere with the use of property in any zone for the installation, maintenance, and operation of public and franchise utility pipelines, underground, aerial transmission lines and supply lines, and structures when such facilities are located within rights-of-way, easements, franchises, or other ownership of such utilities, and provided the facilities are installed in accordance with the applicable rules and regulations of the Public Utilities Commission of the State of California and the Federal Communications Commission.