Chapter 17.31 — CULTIVATION OF MARIJUANA

Section:

Editor's note— Ord. No. 566, adopted June 13, 2017, did not expressly amend the title of Ch. 17.31, but inasmuch as said ordinance revised Ch. 17.31 to regulate medical and nonmedical cultivation and delivery and prohibit marijuana collectives and cooperatives, said title has been changed, at the editor's discretion, from "Cultivation of Medical Marijuana" to read as herein set out.  Ord. No. 523, §§ 1, 2, adopted Oct. 4, 2011, repealed the former Ch. 17.31, §§ 17.31.100—17.31.300, and enacted a new Ch. 17.31 as set out herein. The former Ch. 17.31 pertained to mobile home combining (M-H) zone and derived from Ord. 214, § 2(part), 1992; Ord. 227, § 7, 1993; Ord. 264, § 2(part), 1995.

A.

The town council finds that the Town of Paradise is not preempted from exercising its traditional police powers in enacting land use and zoning regulations, as well as legislation for preservation of public health, safety and welfare, such as this zoning ordinance prohibiting the establishment and operation of marijuana cooperatives and collectives within the town.

B.

The town council finds that the public health, safety and general welfare of the town and its residents necessitates and requires the adoption of this zoning ordinance, prohibiting the establishment and operation of marijuana cooperatives and collectives.

C.

This chapter is consistent with the Paradise general plan in that the general plan, its objectives, policies and goals do not permit or contemplate the establishment or operation of marijuana cooperatives, collectives or similar facilities that engage in dispensing of marijuana for medicinal or recreational purposes.

D.

The purpose of this chapter is to expressly regulate the cultivation and delivery of medical marijuana and to prohibit marijuana collectives/cooperatives and dispensaries in all Town of Paradise zoning districts. Such regulation shall apply to all medical and nonmedical marijuana collectives/cooperatives and dispensaries, the delivery of medical or nonmedical marijuana and the cultivation of marijuana except as permitted herein.

(Ord. No. 566, § 1, 6-13-2017; Ord. No. 523, § 2, 10-4-2011)

A.

Nothing in this chapter is intended, nor shall it be construed, to burden any defense to criminal prosecution under the Compassionate Use Act.

B.

Nothing in this chapter is intended, nor shall it be construed, to make legal any cultivation, sale, or other use of medical or nonmedical marijuana that is otherwise prohibited under California law.

C.

Nothing in this chapter is intended, nor shall it be construed, to preclude any landlord from limiting or prohibiting medical or nonmedical marijuana cultivation by tenants.

D.

Nothing in this chapter is intended, nor shall it be construed, to exempt any activity related to the cultivation of medical or nonmedical marijuana from any applicable electrical, plumbing, land use, or other building or land use standards or permitting requirements.

E.

All cultivation of medical or nonmedical marijuana within the town shall be subject to the provisions of this chapter.

(Ord. No. 566, § 2, 6-13-2017; Ord. No. 523, § 2, 10-4-2011)

As used in this chapter, the following definitions shall apply:

A.

"Authorized grower" means a person twenty-one (21) years and older who is authorized by, and in compliance with state law to cultivate marijuana indoors for personal or medical use.

B.

"Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, trimming, or otherwise processing of marijuana plants or any part thereof.

C.

"Director" means the Town of Paradise planning director or his or her designee.

D.

"Fully enclosed and secure structure" means a fully-enclosed space within a building that complies with the California Building Standards Code ("CBSC"), as adopted in the Town of Paradise, or if exempt from the permit requirements of the CBSC, that has a complete roof, a foundation, slab or equivalent base to which the floor is secured by bolts or similar attachments, is secure against unauthorized entry, is accessible only through one or more lockable doors, has an air filtration system approved by the town building official, and

is not visible from a public right-of-way. Walls and roofs must be constructed of solid materials that cannot be easily broken through such as two (2) inch by four (4) inch nominal or thicker studs overlaid with three- eighths (⅜) inch or thicker plywood or the equivalent. Plastic sheeting, regardless of gauge, or similar products do not satisfy this requirement. If indoor grow lights or air filtration systems are used, they must comply with the California building, electrical, and fire codes as adopted in the Town of Paradise. Electricity shall not be provided by an outdoor generator.

E.

"Immature marijuana plant" means a marijuana plant, whether male or female, that has not yet flowered and which does not yet have buds that are readily observed by unaided visual examination.

F.

"Indoors" means within a fully enclosed and secure structure as that structure is defined above in subsection D.

G.

Marijuana" means marijuana as defined in Health and Safety Code Section 11018.

H.

"Marijuana collective or cooperative" means a collective, cooperative, dispensary, operator, establishment, provider, association, or similar entity that cultivates, distributes, delivers, tests, or processes marijuana for medical purposes relating to a qualified patient or primary caregiver, pursuant to the Compassionate Use Act, the Medical Marijuana Program Act or for recreational purposes under the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA).

I.

"Mature marijuana plant" means a marijuana plant, whether male or female, that has flowered and which has buds that are readily observed by unaided visual examination.

J.

"Medical marijuana" means marijuana used for medical purposes in accordance with California Health and Safety Code Section 11362.5.

K.

"Outdoor" means any location within the Town of Paradise that is not within a fully enclosed and secure structure as defined above in subsection D.

L.

"Parcel" means property assigned a separate parcel number by the Butte County assessor.

M.

"Primary caregiver" means a primary caregiver as defined in Health and Safety Code Section 11362.7.

N.

"Private residence" means a house, apartment unit, mobile home, or other similar dwelling unit.

O.

"Qualified patient" means a qualified patient as defined in Health and Safety Code Section 11362.7.

P.

"School" means an educational facility as defined in Health and Safety Code Section 11362.768(h).

(Ord. No. 566, § 3, 6-13-2017; Ord. No. 523, § 2, 10-4-2011)

Editor's note— Ord. No. 558, § 1, adopted Jan. 25, 2016, repealed § 17.31.400, which pertained to cultivation in residential zoning districts for personal use and derived from Ord. No. 523, § 2, adopted Oct. 4, 2011.

A.

Marijuana collectives and cooperatives as defined in Sections 17.31.300H shall be prohibited in all zoning districts within the town. This prohibition shall include the cultivation of marijuana by all marijuana collectives and cooperatives.

B.

Except for delivery by a primary caregiver for a qualified patient, the delivery of marijuana shall be prohibited within the town. No person shall conduct any mobile marijuana delivery service within the town through any means whatsoever. The term "delivery" shall also include the same meaning as set forth in Business and Professions Code Section 19300.5 (m) or as amended.

C.

This section shall prohibit all medical or nonmedical marijuana activities for which a state of California license is required. The town shall not issue any permit, license or other entitlement for any activity for which a state of California license is required under the Medical Marijuana Regulation and Safety Act or the AUMA.

D.

Outdoor cultivation of marijuana for non-commercial medical or commercial purposes, including cultivation by a qualified patient or a primary caregiver or any person, shall be prohibited in all zoning districts within the town. No person, including a qualified patient or primary caregiver, shall cultivate outdoor any amount of marijuana in the town.

E.

When authorized by state law, an authorized grower shall be allowed to cultivate marijuana only in a private residence in a residential zone, only indoors, and only for personal use, in compliance with the following regulations:

If the authorized grower is a tenant, the property owner of the residence shall have given written consent to the cultivation of marijuana on the premises.

The marijuana cultivation area shall be located indoors within a fully enclosed and secure structure and shall not exceed fifty (50) square feet and not exceed ten (10) feet in height, nor shall it come within twelve (12) inches of the ceiling or any cultivation lighting. Cultivation in a structure on the property of the residence but not physically part of the home shall be permitted, only if it is fully enclosed, secure, not visible from a public right-of-way.

Marijuana cultivation lighting shall not exceed one thousand two hundred (1,200) watts in total for the total cultivation area within the residence.

The use of gas products such as, but not limited to, CO2, butane, methane, or any other flammable or non- flammable gas for marijuana cultivation or processing shall be prohibited.

There shall be no exterior visibility or evidence of marijuana cultivation outside the private residence from the public right-of-way, including, but not limited to, any marijuana plants, equipment used in the growing and cultivation operation, and any light emanating from cultivation lighting.

The authorized grower shall reside full-time in the residence where the marijuana cultivation occurs.

The authorized grower shall not participate in marijuana cultivation in any other location within the town.

The residence shall include fully functional and usable kitchen, bathroom, and bedroom areas for their intended use by the resident authorized grower, and the premises shall not be used primarily or exclusively for marijuana cultivation.

The marijuana cultivation area shall be in compliance with the current adopted edition of the California Building Standards Code Section 1203.5 Natural Ventilation or Section 402.3 Mechanical Ventilation (or equivalent), as amended from time to time.

The building official may require additional specific standards to meet the California Building Standards Code and Fire Code, including, but not limited to, installation of fire suppression sprinklers.

The marijuana cultivation area shall not result in a nuisance or adversely affect the health, welfare, or safety of the resident or nearby residents by creating dust, glare, heat, noise, noxious gasses, odors, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials, processes, products or wastes.

No more than six (6) marijuana plants, mature or immature, shall be permitted only for personal use under this chapter.

Marijuana in excess of 28.5 grams produced by plants kept for indoor personal cultivation under this chapter must be kept in a locked space on the grounds of the private residence not visible from the public right-of-way.

(Ord. No. 566, § 4, 6-13-2017; Ord. No. 558, § 2, 1-25-2016; Ord. No. 523, § 2, 10-4-2011)

A.

Any cultivation, processing or distribution of medical [or nonmedical] marijuana which takes place in violation of any provision of this chapter shall be unlawful, and is hereby declared a public nuisance and may be abated by the town as such in accordance with the procedure set forth in Chapter 8.04 of this code.

B.

In addition, violation of this chapter shall be prosecuted under civil administrative citation procedure set forth in Chapter 1.09 of this code.

(Ord. No. 566, 6-13-2017; Ord. No. 523, § 2, 10-4-2011)