King City Municipal Code Ch. 7.55 Recreational and Medical Marijuana

It is the purpose and intent of this chapter to promote the health, safety, morals, and general welfare of the residents and businesses within the city by regulating the cultivation, processing, extraction, manufacturing, testing, distribution, transportation, sale, and consumption of marijuana, whether for medical purposes as currently allowed under state law, or for recreational use.

(Ord. 735 § 3, 2017)

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

“Act”

means the Medical Marijuana Regulation and Safety Act, now called the Medical Cannabis Regulation and Safety Act, including implementing regulations, as the Act and implementing regulations may be amended from time to time. The terms Act, Medical Marijuana Regulation and Safety Act, Medical Cannabis Regulation and Safety Act, may be used interchangeably, but shall have the same meaning.

“Cannabis” or “marijuana”

shall have the meaning set forth in California Business and Professions Code Section 19300.5(f). Cannabis and marijuana may be used interchangeably, but shall have the same meaning.

“Collective or cooperative cultivation”

means the association within California of qualified patients, persons with valid identification cards, and designated primary care givers to cultivate marijuana for medical purposes as may be allowed under the Compassionate Use Act, the Medical Marijuana Program Act, or the California Medical Cannabis Regulation and Safety Act adopted on October 9, 2015 with legislative bills AB 243, AB 266, and SB 643.

“Commercial marijuana operation”

means any commercial cannabis activity as set forth in California Business and Professions Code Section 19300.5(k) and allowed under the Act, and all uses permitted under any subsequently enacted state law pertaining to the same or similar uses for recreational cannabis.

“Delivery”

means the commercial transfer of medical or recreational use marijuana and marijuana products from a dispensary as well as the use of any technology platform that enables persons, whether qualified patients, caregivers, or recreational users, to arrange for or facilitate the transfer.

“Marijuana dispensary” or “dispensary”

means any facility or location, whether fixed or mobile, and any building or structure, including vending machines, which distributes, sells exchanges, processes, delivers, gives away, or where cannabis is made available to, distributed by, or distributed to more than two persons.

“Marijuana products”

means cannabis 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 cannabis or concentrated cannabis and other ingredients.

“Medical marijuana or medical marijuana use”

means the use of cannabis for the purposes set forth in the Compassionate Use Act and the Medical Marijuana Program Act, California Health and Safety Code Sections 11362.5 and 11362.7 et seq.

“Recreational marijuana or recreational marijuana use”

means all uses of cannabis not included within the definition of medical marijuana use.

“Cultivation”

means the planting, growing, harvesting, drying, processing, or storage of one or more marijuana plants or any part thereof in any location.

(Ord. 735 § 3, 2017)

Nothing in this section shall be interpreted to permit commercial marijuana operations or marijuana dispensaries otherwise prohibited by this chapter.

(a) State Law Limits. The cultivation of recreational marijuana shall be subject to the limits set forth in any applicable state law and this municipal code.

(b) Personal Use Cultivation. The outdoor cultivation of recreational marijuana is prohibited in any location or zone within the city of King.

Indoor cultivation of recreational marijuana shall only be allowed if authorized by state law and is cultivated by a person of at least twenty-one years of age or older within his or her private residence or in an accessory building if the property is detached single-family residential.

Cultivation of recreational marijuana for personal use shall be subject to the following requirements:

(1) Permit. Recreational marijuana cultivation is prohibited in any location within the city of King without a permit issued by the city. The permit shall be valid for one year’s time from the date it was issued. City staff shall inspect the recreational marijuana cultivation prior to issuing or renewing a permit. City staff shall not issue nor renew a permit for a recreational marijuana cultivation that violates this chapter.

The permit fee for recreational marijuana cultivation shall be set by resolution of the city council of the city of King.

(2) Area. The recreational marijuana cultivation on any one parcel of real property is limited to one of the following areas:

(A) One secured room within a private residence that does not exceed thirty-two square feet; or

(B) One detached, outdoor structure, enclosed and covered, where the cultivation is concealed from view, and where the cultivation area does not exceed thirty-two square feet.

The term “private residence” is defined as a house, an apartment unit, a mobile home, or other similar dwelling.

This limit applies regardless of the number of persons residing in the residence. The cultivation area shall be a single designated area.

(3) Lighting. Recreational marijuana cultivation lighting shall not exceed a total of one thousand two hundred watts.

(4) Building Code Requirements. Any alterations or additions to the residence, including garages and accessory buildings, for marijuana cultivation shall be subject to applicable building and fire codes, including plumbing and electrical, and all applicable zoning codes, including lot coverage, setback, height requirements, and parking requirements.

Any alterations or additions shall be inspected and approved by city staff prior to any recreational cultivation of marijuana.

(5) Safety Materials. The recreational marijuana cultivation area shall have a minimum of one working smoke detector/fire alarm, one carbon monoxide detector/alarm, or one combination smoke and carbon monoxide detector, and one fire extinguisher.

(6) Security. The recreational marijuana cultivation area shall be secured in such a manner so as to allow only the permitted cultivator to access the marijuana.

The cultivated recreational marijuana shall be stored in such a manner so as to secure the marijuana from theft and prevent anyone under the age of twenty-one from accessing the cultivate recreational marijuana. Any window or entry way into the recreational marijuana cultivation area must be alarmed such that an occupant in other locations of the residence will be alerted in the event of unauthorized entry.

(7) Gas Products. The use of gas products (C02, butane, propane, natural gas, etc.) for recreational marijuana cultivation or processing is prohibited.

(8) Evidence of Cultivation. From a public right-of-way, other public space, or neighboring properties there shall be no exterior evidence of marijuana cultivation occurring on the site, including odors associated with cultivation.

(9) Residence. The individual engaged in cultivation shall reside full time in the residence where the marijuana cultivation occurs.

(10) Cultivation Elsewhere in City. The individual shall not participate in marijuana cultivation in any other location within the city of King.

(11) Incidental Use. The residence shall maintain a minimum of one kitchen, one bathroom, and one primary bedroom for their intended use and not to be used for recreational marijuana cultivation.

(12) Ventilation. The marijuana cultivation area shall include a ventilation and filtration system designed to ensure that odors from the cultivation are not detectable beyond the residence, or property line for detached single-family residential, and designed to prevent mold and moisture and otherwise protect the health and safety of persons residing in the residence and cultivating the marijuana. This shall include at a minimum, a system meeting the requirements of the current, adopted edition of the California Building Code Section 1203.4 Natural Ventilation or Section 402.3 Mechanical Ventilation (or its equivalent(s)).

(13) Storage of Chemicals. Any chemicals used for recreational marijuana cultivation shall be stored outside of the habitable areas of the residence and outside of public view from neighboring properties and public rights-of-way. All chemicals not authorized by their manufacturer for indoor use are prohibited to be used or stored within the recreational marijuana cultivation area. All chemicals must be stored, and used, as directed by the manufacturer.

(14) Nuisance. The marijuana cultivation area shall not adversely affect the health or safety of the nearby residents by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts; and not be hazardous due to the use or storage of materials, processes, products or wastes, or from other actions related to the cultivation.

(15) Property Owner Authorization. Unless the individual cultivating recreational marijuana is an owner of the residence, the written authorization of a property owner or property management company must be obtained prior to the cultivation of recreational marijuana. The authorization shall be on a form provided by the city manager or designee. The written authorization shall include, but is not limited to, the name of the individual intending to cultivate recreational marijuana, name of the property owner/property manager authorizing the cultivation, the exact location of the recreational marijuana cultivation area, the notarized signature of the property owner/property manager authorizing the cultivation of recreational marijuana, and the penalties for failing to comply with the requirements of this chapter. Such written authorization is required prior to the issuance of a permit or renewal of a permit.

(16) Police Department Notification. Prior to obtaining a permit from the community development department for cultivation of recreational marijuana, applicants shall provide evidence they have informed the police department of the intent to cultivate marijuana, provided an address of the residence where the cultivation is proposed to occur, provided a depiction or diagram of the cultivation area within the residence, and have received a handout setting forth the owner and lessee responsibilities under this chapter.

(17) Additional Requirements for Accessory Buildings. The following additional requirements shall apply for personal use marijuana cultivation that occurs in an accessory building: the accessory building shall be secure, locked, and fully enclosed, with a ceiling, roof or top, and entirely opaque. The accessory building shall include a burglar alarm monitored by an alarm company or private security company. The accessory building, including all walls, doors, and the roof, shall be constructed with a firewall assembly of green board meeting the minimum building code requirements for residential structures and include material strong enough to prevent entry except through an open door.

(18) Posting. For rental properties, a copy of the property owner or property manager’s written authorization to cultivate recreational marijuana shall be posted in a conspicuous place in the cultivation area.

(d) Collective or Cooperative Cultivation. The collective or cooperative cultivation of marijuana shall be prohibited in the city.

(e) Marijuana Dispensaries. Marijuana dispensaries as defined in Section 7.55.020(f) are prohibited with-in the city.

(f) Deliveries. The delivery of marijuana as defined in Section 7.55.020(e) is prohibited in the city regardless of whether the delivery is initiated within or outside of the city, and regardless of whether a technology platform is used for delivery by the dispensary.

(g) Marijuana Extracts and Concentrates.

(1) The manufacture, production, synthesis or creation of marijuana or cannabis extracts or concentrates (including, but not limited to, Water Hash, Pressed Hash, Budder, Closed-loop extraction, CO2 extraction, Dab, Wax, Shatter, Butane Honey Oil, Butane Hash Oil. Hash, Isopropyl Hash Oil, Kief, Resin, Rosin, etc.) is prohibited within the city.

(2) The distribution, dissemination or conveyance, regardless of compensation, of marijuana or cannabis extracts or concentrates is prohibited within the city.

(Ord. 735 § 3, 2017)

(a) State Law Limits. The cultivation of medical marijuana shall be subject to the limits set forth in any applicable state law.

(b) Compliance with Recreational Marijuana Personal Use Cultivation Rules. All persons lawfully allowed to cultivate medical marijuana under state law shall be subject to the same rules, requirements, and limitations set forth in this chapter.

(Ord. 735 § 3, 2017)

No person shall smoke, ingest, or otherwise consume marijuana or marijuana products, whether recreational or medical, within the city limits of the city of King, unless such smoking, ingesting or consumption occurs entirely within a private residence. “Within a private residence” shall mean inside habitable areas and shall not include garages, whether attached or detached, and other accessory buildings unless those buildings are at all times fully enclosed during the consumption.

Medical marijuana may also be consumed within a clinic, health care facility, residential care facility, or residential hospice licensed pursuant to applicable provisions of the California Health and Safety Code.

All consumption shall be done in a manner so as to not cause a nuisance to nearby residents with noxious odors or other adverse health and safety impacts.

(Ord. 735 § 3, 2017)

The establishment, maintenance, operation, consumption, cultivation, delivery or dispensary of marijuana, in violation of this chapter, within the city, is declared to be a public nuisance and subject to abatement.

Each such person shall be 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 and shall be punished accordingly.

In all cases where the same offense is made punishable or is created by different clauses or sections of this code, the city attorney may elect under which to proceed; but not more than one recovery shall be had against the same person for the same offense.

In addition to the penalties provided by this chapter, any condition caused or permitted to exist in violation of any of the provisions of this chapter, or the provisions of any chapter adopted by reference by this code, shall be deemed a public nuisance and may be summarily abated by the city, and each day such condition continues shall be recorded as a new and separate offense.

(Ord. 735 § 3, 2017)

Violations of this chapter for conduct that is not otherwise considered lawful under state law, shall be considered misdemeanors and are punishable in accordance with Section 1.04.010 of the King City Municipal Code. Each and every day, or portion thereof, a violation exists is a separate offense. The city may also pursue all applicable civil and administrative remedies, including, but not limited to, injunctive relief and administrative citations.

Should a court of competent jurisdiction subsequently determine that the criminal penalty provision renders this chapter unlawful, the city intends that the misdemeanor provision be severable from the remaining penalty provisions and the city will only pursue non-criminal remedies for violations of this chapter.

(Ord. 735 § 3, 2017)

With the exception of violations that are automatically deemed infractions under the Municipal Code, the administrative citation penalty for each and every marijuana plant cultivated or maintained in violation of this chapter within a rolling twelve-month period shall be as follows:

(a) First administrative citation: two hundred fifty dollars per marijuana plant;

(b) Second administrative citation: five hundred dollars per marijuana plant;

(c) Third administrative citation: one thousand dollars per marijuana plant; and

(d) One thousand dollars per marijuana plant for each subsequent administrative citation.

With the exception of violations that are automatically deemed infractions under the municipal code, the administrative citation penalty for all other violations of this chapter within a rolling twelve-month period shall be as follows:

(Ord. 735 § 3, 2017)

(a) Notice to Owner. Except when the city elects to enforce through another process, such as through an administrative citation process, whenever the city or such city official having enforcement authority determines that property within the city is cultivating recreational marijuana in violation of this chapter and seeks to abate the same, the enforcement official shall give written notice to the owner of the property and/or lessee of the property stating the violations with reference to the applicable code sections.

(b) Time to Correct. The notice shall set forth a reasonable time limit for correcting the violation(s) and may also set forth suggested methods of correcting the same. Reasonable time to correct shall be dependent on the type and severity of the violation. The reasonable time to correct may, at the sole discretion of the city or such city official having enforcement authority over the violation, be extended or shortened.

(c) Service of Notice. Notice shall be given either by personal service or by depositing the notice in the United States mail, postage prepaid, addressed to the property address of the residence. A copy may also be provided to the owner of such lot or parcel of land either by personal service or by depositing the notice in the United States mail, postage prepaid, to the name and address as it appears on the last available equalized assessment roll, supplemental roll of the county of Monterey. If no such address appears, then a copy of the notice may be mailed to the property address, and is presumed to be notice to the owner. In order for an absentee owner to be subject to the penalties and costs described in this chapter, notice must be provided by any method authorized by this subsection.

A copy of the notice may also be posted on the property in a conspicuous place. Where known, a copy may also be provided to the owner or occupant by email in the city’s discretion. The failure of any person to receive the notice required by this section shall not affect the validity of any proceedings taken under this chapter.

(Ord. 735 § 3, 2017)

City abatement of the nuisance may be performed in any manner proscribed within the King City Municipal Code.

(Ord. 735 § 3, 2017)

The city may recover its abatement and enforcement costs in any manner as proscribed the King City Municipal Code.

(Ord. 735 § 3, 2017)

Judicial review of a decision made under this chapter may be had by filing a petition for a writ of mandate with the superior court in accordance with the provisions of the California Code of Civil Procedure Section 1094.5. Any such petition shall be filed within ninety days after the day the decision becomes final as provided in California Code of Civil Procedure Section 1994.6, which shall be applicable for such actions.

(Ord. 735 § 3, 2017)

If any article, section, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this chapter. The council hereby declares that it would have adopted this chapter and adopted each article, section, sentence, clause or phrase thereof, irrespective of the fact that any one or more articles, sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

(Ord. 735 § 3, 2017)