§ 17.97

To the extent recreational marijuana use becomes legal under California law and the city is required to allow the cultivation of recreational marijuana under California law, the requirements set forth in Section 17.97.030 shall apply to the cultivation of recreational marijuana within a residence and upon the property where the residence is located.

A.

California Law Requirements. In addition to the provisions of this chapter the cultivation of recreational marijuana shall be subject to all of the requirements set forth in California law.

B.

Compliance with Medical Marijuana Personal Use Cultivation Requirements. All persons allowed under California law to cultivate recreational use marijuana shall be subject to and shall comply with the same rules, requirements, and limitations applicable to the personal use cultivation of medical marijuana set forth in this chapter.

(Ord. No. 2016-006, § 1, 11-2-2016; Ord. No. 2024-07, § 1, 12-18-2024)

17.97.050 - Regulations applicable to marijuana operations, cooperatives, dispensaries and deliveries.

A.

Commercial Marijuana Operations. Commercial marijuana operations as defined in Section 17.97.020 are prohibited within the city.

B.

Collective or Cooperative Cultivation and Marijuana Collective or Cooperative. Collective or cooperative cultivation of marijuana as defined in Section 17.97.020 and marijuana collectives or cooperatives as defined in Section 17.97.020 are prohibited within the city.

C.

Dispensaries. Marijuana dispensaries as defined in Section 17.97.020 are prohibited within the city.

D.

Deliveries. The delivery of marijuana as defined in Section 17.97.020 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 the ordering or delivery by the dispensary.

E.

Exceptions. The following facilities providing medical marijuana to patients are not subject to the provisions of Section 17.97.050 B. provided the facilities operate in strict compliance with Health and Safety Code Sections 11362.5 and 11362.7 et seq., and all other California and local laws, including, without limitation, zoning, permitting, and licensing requirements:

1.

A clinic licensed pursuant to Chapter 1 (commencing with Section 1200) of Division 2 of the Health and Safety Code.

2.

A health care facility licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code.

3.

A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 (commencing with Section 1568.01) of Division 2 of the Health and Safety Code.

4.

A residential care facility for the elderly licensed pursuant to Chapter 3.2 (commencing with Section 1569) of Division 2 of the Health and Safety Code.

5.

A residential hospice, or a home health agency licensed pursuant to Chapter 8 (commencing with Section 1725) of Division 2 of the Health and Safety Code.

(Ord. No. 2016-006, § 1, 11-2-2016; Ord. No. 2024-07, § 1, 12-18-2024)

No person shall smoke, ingest, or otherwise consume marijuana or marijuana products, whether recreational or medical, in the city unless such smoking, ingesting or consumption is allowed by California law and 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. Except that, medical marijuana may be consumed within the facilities identified in Section 17.97.050 E. of this chapter.

All consumption of marijuana or marijuana products permitted by this chapter shall be done in a manner that does not constitute a nuisance or that is adverse to the health and safety of the public.

(Ord. No. 2016-006, § 1, 11-2-2016; Ord. No. 2024-07, § 1, 12-18-2024)

Violations of this chapter for conduct that is not otherwise considered lawful under California law shall be considered misdemeanors and punishable in accordance with Chapter 1.16 of the municipal code. Each and every day, or portion thereof, a violation exists shall be a separate offense. The city may also pursue any and all applicable civil and administrative remedies, including but not limited to injunctive relief and administrative citations to terminate such conduct.

(Ord. No. 2016-006, § 1, 11-2-2016; Ord. No. 2024-07, § 1, 12-18-2024)

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 (90) 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. No. 2016-006, § 1, 11-2-2016; Ord. No. 2024-07, § 1, 12-18-2024)

If any section, subsection, subdivision, sentence, clause, phrase, or portion of this chapter or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this chapter. The city council hereby declares that it would have adopted this chapter, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

(Ord. No. 2016-006, § 1, 11-2-2016; Ord. No. 2024-07, § 1, 12-18-2024)

Chapter - 17.98 REASONABLE ACCOMMODATION FOR PERSONS WITH DISABILITIES

17.98.010 - Purpose and applicability.

A.

This chapter provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the fair housing laws in the application of zoning laws, building codes, and other land use regulations, policies and procedures. Fair housing laws means "Fair Housing Amendments Act of 1988" (42 U.S.C. § 3601 et seq.), including reasonable accommodation required by 42 U.S.C. § 3604(f)(3)(B), and the "California Fair Employment and Housing Act" (California Government Code Section 12900 et seq.), including reasonable accommodation required specifically by California

Government Code Sections 12927(c)(1) and 12955(l), as any of these statutory provisions now exist or may be amended from time to time.

B.

A request for reasonable accommodation may be made by any person with a disability, his/her representative, or any business or property owner when the application of a zoning law, building code provision or other land use regulation, policy or practice acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment, as those terms are defined in the fair housing laws.

C.

A request for reasonable accommodation may include a request for modification or exception to the rules, standards and practices for the siting, development and use of housing or housing related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. Requests for reasonable accommodation shall be made in the manner prescribed by this chapter.

D.

It is the intent of this chapter that, notwithstanding time limits provided to perform specific functions, application review, decision making and appeals proceed expeditiously, especially where the request is time sensitive, so as to reduce impediments to equal access to housing.

(Ord. No. 2025-05, § 1, 11-5-2025)