Port Hueneme Municipal Code Part D Cultivation

Except for personal medicinal use as provided in Section 3993 below, outdoor cultivation of commercial cannabis is prohibited in all areas of the City.

(Ord. No. 797, § 4, 6-3-24)

In addition to all other requirements of an Operations Plan required by this Chapter, facilities engaged in indoor cultivation of medical or nonmedical marijuana must include the following in an Operations Plan approved by the Police Chief:

A. The facility can have only one (1) contiguous cultivation area, except that segregated areas within the facility are permitted with the Police Chief's approval and the approval of the fire chief regarding fire code issues.

B. It is unlawful to use flammable or explosive substances in the cultivation of cannabis.

C. Facilities engaged in cultivation must follow all pesticide use requirements of local, State and federal law.

D. The Operations Plan must include a detailed electrical and plumbing plan, along with projections for water usage.

E. All law enforcement personnel seeking admission to the cultivation site for the purpose of ascertaining compliance with the standards and regulations of this Code must be given unrestricted access to all areas of the premises at all times during hours of operation. Consent to such unrestricted access must be acknowledged by the applicant and included within the Operations Plan.

F. It is unlawful for any person under the age of twenty-one (21) to be present within the area where the cultivation of cannabis is occurring. A sign must be posted at each entrance to a cultivation facility informing visitors of these restrictions.

G. All cultivation activity must be conducted in compliance with all applicable State and local water conservation laws, ordinances, and regulations.

H. Each cannabis cultivation facility must provide the Police Chief with the name and telephone number of an on-site employee or owner to whom emergency notice can be provided. The telephone number provided must be capable of accepting recorded voice messages in the event the contact person does not answer.

I. Entrances into any area of a cannabis cultivation facility where cannabis is grown or kept must be locked at all times with entry strictly controlled. The specifics of such entry system must be set forth in the Operations Plan.

J. Odor control devices and techniques must be incorporated in a cannabis cultivation facility to ensure that odors from cannabis are not detectable outside of the facility or in any tenant space or area adjacent to the facility.

K. A cannabis cultivation facility must have a professionally installed, maintained, and monitored alarm system as approved through the Operations Plan.

L. Cannabis cultivation facilities cannot be open to the public, though the facility may dispense cannabis in accordance with a Certificate of Approval.

M. A cannabis cultivation facility must be equipped with an automated fire suppression system to the satisfaction of the Building Official.

N. Except as expressly approved as part of the Operations Plan and incorporated in a Certificate of Approval, it is unlawful for any cannabis cultivation facility to use, employ, or maintain any equipment, system, material or apparatus for the purpose of increasing the ambient carbon dioxide levels within any grow area.

O. It is unlawful to cultivate cannabis within six hundred (600) feet of any other parcel containing a school.

P. It is unlawful for cannabis or cannabis products or graphics depicting cannabis or cannabis products to be publicly visible from the exterior of the property. It is unlawful to store cannabis or cannabis products outside of the facility at any time.

Q. All interior spaces of the facility which are open and accessible to the public (except restrooms), and all entrances and exits to and from the premises, must be monitored by twenty-four-hour video security surveillance of at least HD quality with night vision capability. The video security system must be compatible with software and hardware utilized by the City as determined by the Police Chief and set forth in the operations plan. Surveillance video must be recorded to a device that is securely located on the premises and all footage must be maintained for a minimum of forty-five (45) days. The video surveillance system specifications must be set forth in the operations plan before the City issues a certificate of occupancy for the facility.

R. A facility must maintain a valid business license as required by this Code.

S. A Certificate of Approval for a facility is subject to all of the regulations and operational standards set forth in this section in addition to the conditions stated in the Certificate of Approval itself.

(Ord. No. 797, § 4, 6-3-24)

Outdoor cultivation of cannabis for personal use in accordance with State law may only be permitted as regulated under the provisions of Section 3993 of this Chapter.

(Ord. No. 797, § 4, 6-3-24)

A. Not more than six (6) cannabis plants of any size may be cultivated on any parcel regardless of the number of qualified patients or caregivers residing on the property.

B. Cultivation cannot exceed seventy-five (75) square feet in cumulative area.

C. All outdoor cannabis cultivation must be fully enclosed by an opaque fence six (6) feet in height. The fence must be at least ten (10) feet from any structure on the property and be adequately secure to prevent unauthorized entry and theft. Alternatively, outdoor cannabis cultivation may be conducted in a secure opaque greenhouse structure, subject to the approval of the Police Chief. The Police Chief will determine the level of security necessary. Indoor cultivation for personal medical marijuana is permissible, subject to the pertinent provisions hereof.

D. It is unlawful to cultivate cannabis within six hundred (600) feet of any other parcel containing a school.

E. No lighting, heaters, fans, generators or other mechanical equipment that may cause a nuisance to neighbors may be used in connection with the cultivation of cannabis.

F. It is unlawful to cultivate cannabis in the front yard area of any parcel.

G. It is unlawful to cultivate cannabis within the required rear or side yard setbacks of any parcel.

H. It is unlawful for there to be any audible or olfactory evidence of cannabis cultivation from any street, sidewalk, public right-of-way, or adjacent property, or any visual evidence of cannabis cultivation when viewed from five (5) feet above ground level from any street, sidewalk, public right-of-way, or adjacent property.

I. The cultivation of medicinal cannabis is permitted for non-commercial purposes only. It is unlawful to sell, trade, barter, or engage in any other commercial exchange of cannabis or cannabis products cultivated pursuant to this section.

J. The address of any dwelling on a parcel where cannabis is cultivated must be posted and plainly visible from the public right-of-way.

K. Cultivation of cannabis cannot occur on any property where a parolee or probationer resides unless the parolee or probationer has received confirmation from a court of competent jurisdiction that he or she is allowed to use medical cannabis while on parole or probation pursuant to Health and Safety Code Section 11362.795. Such confirmation must be provided to City staff or law enforcement upon request.

L. Any law enforcement personnel may, after providing twenty-four (24) hours' notice, enter onto the property where cultivation of medical cannabis is occurring pursuant to this section for the purpose of inspecting the cultivation site and perimeter fencing. This section does not purport to authorize any law enforcement personnel to enter any dwelling located on the property. For purposes of this section, notice is sufficient if posted at the entrance to the dwelling on the property or if hand delivered to any person over the age of eighteen (18) residing on the property.

M. It is unlawful for any person under the age of twenty-one (21) to be present within the fenced area where the cultivation of medical cannabis is occurring unless such person is a qualified patient or a primary caregiver and he or she is in the presence of his or her parent or guardian.

N. All cultivation activities must be conducted in compliance with all applicable State and local water conservation laws, ordinances, and regulations.

O. Nothing in this section is intended to authorize the cultivation, possession, or use of cannabis in violation of State or federal law.

P. Notwithstanding any other provision of this Code, or applicable law, no variances are permitted from any of the regulations in this section.

Q. Prior to commencing cultivation under this section, the cultivator shall obtain a Ministerial Permit from the City as provided by Implementing Resolution. A valid Ministerial Permit must be maintained in effect by the cultivator throughout the period of cultivation. The cultivator shall remove all cannabis plants and plant materials from the property within twenty-four (24) hours following termination or expiration of the Ministerial Permit.

(Ord. No. 797, § 4, 6-3-24)