Montebello Municipal Code Ch. 9.60 Personal Marijuana Cultivation

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

"Accessory structure" shall mean an "accessory building" as defined in Section 17.08.020 of this code, or an "accessory dwelling unit" as defined in Section 17.08.022 of this code.

"California Adult Use of Marijuana Act" shall mean and refer to the provisions of California law added by Proposition 64, approved by California voters at the election occurring on November 8, 2016.

"Marijuana" shall mean 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.

"Permittee" shall mean any person having been issued and maintaining a valid personal cultivation permit under this chapter.

"Personal cultivation permit" or "permit" shall mean and refer to the permit issued by the city under this chapter authorizing permittees to plant, cultivate, harvest, dry, or process marijuana, marijuana plants, or the marijuana produced by the plants inside a private residence, or inside an accessory structure to a private residence located upon the grounds of a private residence.

"Private residence" shall mean a house, an apartment unit, a mobile home, or other similar dwelling, and inclusive of any rooms, garages, or structures physically attached thereto.

(Ord. No. 2393, § 3, 1-25-2017; Ord. No. 2395, § 3, 4-12-2017)

It shall be unlawful for any person to plant, cultivate, harvest, dry, or process marijuana, marijuana plants, or the marijuana produced by the plants outdoors upon the grounds of a private residence.

(Ord. No. 2393, § 3, 1-25-2017; Ord. No. 2395, § 3, 4-12-2017)

It shall be unlawful for any person to plant, cultivate, harvest, dry, or process marijuana, marijuana plants, or the marijuana produced by the plants inside a private residence, or inside an accessory structure to a private residence located upon the grounds of a private residence, without first obtaining and maintaining a valid a personal cultivation permit under this chapter.

(Ord. No. 2393, § 3, 1-25-2017; Ord. No. 2395, § 3, 4-12-2017)

A. Application. Every person required to have a personal cultivation permit under this chapter shall make an application therefor, in a form prescribed by the city manager, to the planning manager of the city. Upon the payment of the fee established by resolution or ordinance of the city council, and upon determination that none of the grounds for denial as specified in Section 9.60.080 exist, the planning manager shall issue to such person a license which shall contain:

1. The name of the person to whom the license is issued.

2. The permit issued.

3. The address of the personal residence for which the permit has been issued.

4. The date of expiration of such permit.

5. Any conditions imposed by the city.

6. Such other information as may be deemed necessary.

B. No more than one permit per private residence shall be issued and maintained at any one time, regardless of the number of persons dwelling or residing in the private residence or upon the grounds thereof.

(Ord. No. 2393, § 3, 1-25-2017; Ord. No. 2395, § 3, 4-12-2017)

A. Permittees issued a personal cultivation permit under this chapter shall, at all times, conduct the activities authorized by said permit in strict accordance with the requirements of this section and the California Adult Use of Marijuana Act, whichever is more restrictive, as well as any conditions of approval imposed by the city.

1. All planting, cultivation, harvesting, drying, and processing (or similar actions) of marijuana plants, and the marijuana produced by the plants, shall be conducted entirely within the interior of a private residence or accessory structure.

2. No permittee shall exercise or engage in any of the activities authorized by a personal cultivation permit, or otherwise engage in the planting, cultivation, harvesting, drying, and processing or marijuana plants, and the marijuana produced by the plants, except upon the grounds of a private residence of which the permittee is a permanent resident. For purposes of this paragraph, a permeant resident shall mean any permittee who, as of a given date, obtained the right to occupy the private residence for more than thirty consecutive days.

3. Not more than six living marijuana plants may be planted, cultivated, harvested, dried, or processed upon the grounds of any single private residence.

4. All living marijuana plants, and any marijuana produced by the plants in excess of twenty-eight and one-half grams, shall be kept within the private residence or accessory structure in a locked and secured space.

5. No living marijuana plants shall be visible, and no odor, light, heat, or other environmental impacts associated with personal cultivation shall be detectable, from a public place, right-of-way, neighboring property, or beyond the bounds of the grounds of the private residence at any time.

6. All planting, cultivation, harvesting, drying, and processing (or similar actions) of marijuana plants, and the marijuana produced by the plants, shall, at all times, comply with all applicable provisions of Title 15 of the Montebello Municipal Code and the California Building Standards Code, as amended from time to time.

7. Not more potable water than is reasonably necessary to sustain six living plants shall be utilized.

8. No nuisance shall be caused or maintained on the grounds of the private residence, including but not limited to those conditions set forth in Chapter 8.16 of this code.

B. As a condition of approval of any application for any personal cultivation permit, the planning manager may, in his/her discretion, impose additional requirements and restrictions in addition those expressly set forth in this section, to the extent such additional requirements and restrictions are necessary to ensure activities authorized by a personal cultivation permit are exercised in a manner that preserves and protects the public interest. In imposing such additional requirements and restrictions, the planning manager may consider such factors as the proximity of the private residence to sensitive land uses, the physical characteristics of the grounds of the private residence, and other relevant matters.

(Ord. No. 2393, § 3, 1-25-2017; Ord. No. 2395, § 3, 4-12-2017)

A. Upon five calendar days' written notice, the planning manager, and any city police officer or code enforcement officer, shall have the right to enter into and upon the grounds of any private residence, and into or upon a private residence or accessory structure, for which a permit has been issued pursuant to this chapter for purposes of conducting an inspection to ensure compliance with the requirements of this chapter and the Adult Use of Marijuana Act. A permittee's refusal to allow said inspection shall be grounds for revocation of the permit.

B. Notwithstanding the foregoing, the city shall make reasonable efforts to schedule and conduct the inspection authorized by this section at the date and time agreeable to be the permittee; provided that if the city makes reasonable efforts with a permittee to establish and agreeable date and time for an inspection, the failure or refusal of a permittee to establish an inspection date and time may be construed as a refusal to allow the inspection.

C. This section shall not be limit or be interpreted as limited the authority of the city or any representative thereof to enter upon or into the grounds of a private residence, or the private residence itself, as otherwise may be authorized by law.

(Ord. No. 2393, § 3, 1-25-2017; Ord. No. 2395, § 3, 4-12-2017)

A. It shall be unlawful for any person or permittee to sell, or otherwise transfer for any consideration whatsoever, marijuana plants or the marijuana produced by the plants, to any other person.

B. It shall be unlawful for any person or permittee to sell, transfer, give away, or provide access to marijuana plants, or the marijuana produced by the plants, to any person under the age of 21.

(Ord. No. 2393, § 3, 1-25-2017; Ord. No. 2395, § 3, 4-12-2017)

A. Grounds for Denial. The planning manager shall deny any application for a permit or for the renewal thereof if the planning manager makes any of the following determinations:

1. The applicant has not first obtained or has not maintained in full force and effect the permit required under this chapter prior to engaging in the activities authorized by the permit.

2. The private residence or accessory structure used to engage in the activities fails to comply with all applicable health, safety, zoning, fire, building and safety laws and regulations.

3. The applicant has knowingly made any false, misleading, or fraudulent statement of material fact in the application for the permit, in the application for or renewal of the permit.

4. The applicant is in violation of a provision of the Montebello Municipal Code or owes taxes, fees, or penalties pursuant to this chapter or any other provision of the Montebello Municipal Code.

5. The applicant (new or renewal) has had a permit denied or revoked by the city within the preceding twelve months.

B. Notice of Denial. Upon determination of the existence of any factors or conditions specified in this section, the planning manager shall advise the applicant by serving upon the applicant a notice of denial in writing within ten business days of such determination. The notice of denial shall state the planning manager's findings and/or determinations that justify denial of the permit application, and shall include a summary of the evidence upon which such findings and/or determinations are based.

C. Appeal of Permit Denial. The denial of any application for a permit may be appealed to the city council, and such appeal shall be governed by the standards and procedures set forth in Section 9.60.130(C) with regards to revocation.

(Ord. No. 2393, § 3, 1-25-2017; Ord. No. 2395, § 3, 4-12-2017)

Permits issued pursuant to this chapter shall be posted, kept, stored, or maintained in the private residence or accessory structure for which the permit was issued, and shall remain so posted, kept, stored, or maintained during the period the permit remains in force.

(Ord. No. 2393, § 3, 1-25-2017; Ord. No. 2395, § 3, 4-12-2017)

A. Permits issued pursuant to this chapter shall be valid for two years from the date of issuance.

B. Permits issued pursuant to this chapter may be renewed upon the filing of an application therefore with the planning manager. The application for renewal shall be in the same form as an application for an original permit. It shall be issued or denied in a like manner as in the case of the original permit.

(Ord. No. 2393, § 3, 1-25-2017; Ord. No. 2395, § 3, 4-12-2017)

A filing and processing fee, in an amount established by resolution or ordinance of the city council, shall be submitted with each application for an original permit, or applications for permit renewals. The fee provided for in this section is imposed to cover the cost of processing and reviewing permit applications, and to cover the cost of site inspections provided for in this chapter. The fee provided for in this section may be amended from time to time by resolution of the city council.

(Ord. No. 2393, § 3, 1-25-2017; Ord. No. 2395, § 3, 4-12-2017)

No permit issued pursuant to this chapter shall be transferrable or assignable to any other person. The activities authorized by any permit issued pursuant to this chapter shall only be conducted inside the private residence or assessor structure for which the permit was issued.

(Ord. No. 2393, § 3, 1-25-2017; Ord. No. 2395, § 3, 4-12-2017)

A. Grounds for Revocation. The planning manager shall revoke any permit issued pursuant to this chapter, if the planning manager makes any of the following findings or determinations:

1. There exists any ground for denial of the permit issued pursuant to this chapter.

2. The permittee has knowingly made any false, misleading, or fraudulent statement of material fact in the application for a permit or in any report required to be filed by law.

3. The permittee has violated or is violating any condition of approval imposed on such permit, or upon any other entitlement granted by the city or other government agency.

4. The permittee has violated or is violating any ordinance, law, or regulation of the city, county of Los Angeles, or state of California in the course of exercising any rights under the permit.

5. The permittee has been held liable for, or has been convicted of, any offense involving the maintenance of a nuisance resulting from any act performed in exercising any rights under the permit.

6. The continued activities under the permit would endanger, disrupt or otherwise be detrimental to the public peace, health, safety, morals or general welfare of the city or its inhabitants, or constitute a public nuisance.

B. Order of Revocation. The planning manager shall serve a written order of revocation upon the permittee (in accordance with the provisions of Section 1.04.080 of this code) stating the grounds for revocation and informing the permittee of his/her appeal rights (including method and timeline for requesting appeal). The order shall also advise the licensee/permittee of the effective date of the revocation.

C. Effectiveness of Order. Any permit revoked pursuant to the provisions of this chapter shall become effective, and the permittee shall cease all activities authorized under such permit, no later than ten calendar days from the service of the order of revocation. Where an appeal is timely filed in accordance with the provisions of this chapter, the notice of revocation shall be stayed pending the city council's resolution of the appeal pursuant to the provisions of this chapter.

D. Appeal.

1. Request for Appeal. Any permittee may appeal any notice of denial or order of revocation issued by the planning manager by filing a request for an appeal with the city clerk, and tendering a filing and processing fee as set by resolution of the city council, within ten calendar days of service of the notice/order of such denial or revocation. The request for an appeal must be made in writing and must contain the following information:

a. The name of the appellant and the address of the applicable location where the appellant was authorized (or was seeking to be authorized) to engage in the activities authorized by a permit issued under this chapter;

b. The date of denial or revocation by the planning manager;

c. A statement as to all grounds for appeal in sufficient detail to enable the city council to understand the nature of the controversy;

d. The signature of the appellant under penalty of perjury as to the contents of the request for appeal.

2. Upon receipt of such written appeal and fee, the city clerk shall immediately set the matter for consideration by the city council at its next most convenient regular meeting, or otherwise transmit the appeal to the mayor for the purpose of calling a special meeting to consider the appeal, provided that no appeal hearing related to a revocation shall be commenced in excess of thirty calendar days from the timely filing of a request for appeal and payment of applicable fees without the consent of the appellant. The city clerk shall issue written notice of the time and place of an appeal hearing to the appellant at least seven calendar days' prior thereto. If a request for an appeal is not timely submitted (with all applicable fees) to the city clerk, the notice of denial or order of revocation shall be deemed final and binding, and the permittee shall be deemed to have failed to exhaust all administrative remedies.

3. Appeal Hearing. An appeal hearing conducted pursuant to the provisions of this section, shall comply with the following:

a. The appeal hearing shall proceed solely on those issues or defenses raised in the request for an appeal filed by the appellant, and all matters not contested in said request shall be deemed admitted into evidence;

b. The city shall have the burden to establish the grounds for the denial or revocation that has been contested by the appellant by a preponderance of the evidence. The notice of denial or order of revocation (and all documents or reports relied upon and/or prepared in relation to the notice or order) shall be admitted into evidence and shall constitute prima facie evidence of the grounds for denial, suspension, or revocation;

c. The appellant shall be given an opportunity to testify and to present written and/or oral evidence relevant to the matters raised in the request for an appeal filed by the appellant, and shall have the right to examine and cross-examine any documents and witnesses presented by the city in support of the denial, suspension or revocation. The unexcused failure of the appellant to appear at the appeal hearing shall constitute a withdrawal of his/her request for an appeal hearing and the denial, suspension, or revocation as issued by the license collector shall be deemed final and binding;

d. Appeals hearings are to be conducted informally, and formal rules of evidence need not be followed;

e. Written notice of the city council's determination of whether to approve, revoke, reinstate or conditionally reinstate the permit shall be issued to the appealing party within ten business days of the decision. The determination of the city council shall be final and conclusive;

f. The permittee may seek prompt judicial review of such administrative actions in a court of competent jurisdiction as provided by law, pursuant to Section 1094.6 of the California Code of Civil Procedure.

(Ord. No. 2393, § 3, 1-25-2017; Ord. No. 2395, § 3, 4-12-2017)

Any person violating any provision of this chapter shall be guilty of a misdemeanor, and shall be subject to the penalty therefor, as set forth in Chapter 1.12 of this code. Any such person shall be guilty of a separate offense for each and every day a violation of the provisions of this chapter is committed, continued, or permitted to be continued by such person.

(Ord. No. 2393, § 3, 1-25-2017; Ord. No. 2395, § 3, 4-12-2017)