Rancho Palos Verdes Municipal Code Ch. 9.34 Personal Marijuana Cultivation

A. Applicability. Personal cultivation of marijuana shall be controlled and regulated by the provisions of this chapter, which expressly affirm a prohibition on the personal outdoor cultivation of marijuana and impose restrictions on the personal indoor cultivation of marijuana, including, but not limited to, pursuant to Health and Safety Code § 11362.2.

B. Purpose. The purpose of this chapter is to regulate the cultivation of marijuana in a manner that protects the health, safety and welfare of the community consistent with the AUMA. This chapter is not intended to interfere with a patient's right to medical marijuana pursuant to state law. This chapter is not intended to give any person unfettered legal authority to grow marijuana.

(Code 1981, § 9.34.010; Ord. No. 590U, § 2, 11-1-2016)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory structure means a structure or part of a structure not exceeding 12 feet in height, which is physically detached from the main building on the lot and the use of which is incidental to that of the main building or use on the same lot. A structure that is incorporated within the continuous roofline of the primary structure is part of the primary structure and is not considered an accessory structure.

Adult Use of Marijuana Act means the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), also known as Proposition 64, that will be submitted to the voters of the state at the November 8, 2016, statewide general election, and which adds to or amends parts of state law, including the California Health and Safety Code, Business and Professions Code, Revenue and Taxation Code, and Food and Agricultural Code.

Applicant means a person applying for a personal marijuana cultivation permit pursuant to this chapter.

Cannabis means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. The term "Cannabis" also means the separated resin, whether crude or purified, obtained from marijuana. The term "Cannabis" also means marijuana as defined by Health and Safety Code § 11018 as enacted by chapter 1407 of the Statutes of 1972. The term "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.

Director means the city's community development director or their designee.

Fire department means the Los Angeles County Fire Department.

Marijuana cultivation means the growing, planting, harvesting, drying, curing, grading, trimming, processing or storing of one or more marijuana plants or any part thereof.

Marijuana cultivation site means the private residence, or fully enclosed accessory structure to that residence, at which marijuana cultivation is occurring under the provisions of this chapter, or the property on which the private residence, or fully enclosed accessory structure to that residence, at which an applicant for a personal marijuana cultivation permit proposes to conduct marijuana cultivation.

Permit means a personal marijuana cultivation permit described in this chapter.

Person includes any individual, firm, co-partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit.

Primary caregiver has the same definition as provided for in Health and Safety Code § 11362.7(d), and as may be amended, defined in part as the individual, designated by a qualified patient or by a person with an identification card, who has consistently assumed responsibility for the housing, health, or safety of that patient or person.

Private residence has the same definition as provided for in Health and Safety Code § 11362.2(b)(5), and as may amended, defined as a house, an apartment unit, a mobilehome, or other similar dwelling.

Qualified patient has the same definition as provided for in Health and Safety Code § 11362.7(f), and as may be amended, defined as a person who is entitled to the protections of section 11362.5, but who does not have an identification card issued pursuant to this article.

(Code 1981, § 9.34.020; Ord. No. 590U, § 2, 11-1-2016)

A. Marijuana cultivation is not a permitted use and is prohibited in all zones and zoning districts throughout the city. No permit or any other applicable license or entitlement for use, nor any business license shall be approved or issued for marijuana cultivation within the city.

B. Marijuana cultivation within the city is declared to be a public nuisance and may be abated by the city either pursuant to this Code or any other available remedies, including, but not limited to, criminal actions, and remedies in law and at equity.

C. This section does not apply to the indoor cultivation of six or fewer marijuana plants inside a private residence, or inside a fully enclosed accessory structure to such a private residence, occurring cumulatively in an area of no more than 50 square feet for personal use, as authorized under Health and Safety Code §§ 11362.1(a)(3) and 11362.2, and as may be amended, provided that the provisions of this chapter are otherwise complied with in their entirety.

(Code 1981, § 9.34.030; Ord. No. 590U, § 2, 11-1-2016)

A. Permit required. No person, who is otherwise qualified to engage in the cultivation of marijuana under Health and Safety Code §§ 11362.1 and 11362.2, and as may be amended, shall engage in the cultivation of marijuana, unless that person has a current valid personal marijuana cultivation permit from the city, pursuant to this chapter.

B. Cultivation application. An applicant shall submit a cultivation application to the director, on a form provided by the director, and proof of payment of the permit fee, in an amount to be set by resolution of the city council.

1. The cultivation application submitted by an applicant shall include, but not be limited to, the following information, affirmed under penalty of perjury by the applicant:

a. The property address of where the marijuana will be cultivated.

b. The name of each person owning, leasing, occupying, or having charge of any legal parcel or premises where marijuana will be cultivated.

c. The name of each person who participates in the marijuana cultivation.

d. Property owner acknowledgement of cultivation of marijuana at the subject property, affirmed under penalty of perjury.

2. The cultivation application submitted by an applicant shall include a scaled property site plan and a scaled diagram of the floor plan within the residence or fully enclosed accessory structure to be used for cultivation at the marijuana cultivation site, and an itemized list of measures taken to comply with the provisions of this chapter, including, but not limited to, odor control, security, electrical, and building and safety provisions, as well as any equipment that will be used for marijuana cultivation.

3. Within 30 calendar days of receiving a cultivation application, the director either shall accept for processing the cultivation application upon finding that the cultivation application fully meets the requirements of this chapter, or shall return the cultivation application to the applicant with a written description of the reasons for rejecting the cultivation application, and so notify the applicant by United States mail, first class postage prepaid, addressed to the applicant at the address stated in the application.

C. Application process. Within 60 calendar days after deeming the cultivation application fully meets the requirements of this chapter, the applicant shall provide to the director written proof (as deemed sufficient by the director), for purposes of verification, of successful completion and passing of both of the following inspections:

1. That the building and safety division of the community development department of the city has inspected the marijuana cultivation site and determined that the private residence or fully enclosed accessory structure, including, but not limited to, the area dedicated to marijuana cultivation, is in compliance with the cultivation application, this chapter, the building code, the electrical code, the plumbing code, and any other applicable requirement of title 15 (Buildings and Construction) or any other relevant provision of this Code concerning health and safety. This shall include inspection of the equipment, including any artificial lighting and/or ventilation systems, and other materials the applicant proposes to use for the marijuana cultivation.

2. That the fire department has inspected the marijuana cultivation site, and determined that the area dedicated to marijuana cultivation, and (as warranted) the private residence or fully enclosed accessory structure, is in compliance with the fire code and any other applicable requirement of chapter 8.08 (Fire Code) of title 8 (Health and Safety). This shall include inspection of the equipment, including fire suppression/extinguishing system, any artificial lighting and/or ventilation systems, and other materials the applicant proposes to use for the marijuana cultivation.

D. Application approval. Upon verification of the information described in subsection C of this section, for a cultivation application which fully meets all the requirements of this chapter, the director shall issue a notice of decision of a personal marijuana cultivation permit within 60 calendar days, upon making the following findings, or shall deny the application if the following findings cannot be made, and so notify the applicant in writing by United States mail, first class postage prepaid, addressed to the applicant at the address stated in the application:

1. The applicant meets all the requirements of this chapter, including, but not limited to, those described in section 9.34.050 (Personal cultivation of marijuana; conditions), as well as any other applicable requirements of this Code and any regulations promulgated under section 9.34.050(B).

2. The applicant for the permit and the marijuana cultivation site are both in compliance with state law, including, but not limited to, Health and Safety Code §§ 11362.1, 11362.2 and 11362.3, and as they may be amended.

E. Permits not transferable. A personal marijuana cultivation permit issued pursuant to this chapter is non-transferable and are specific to the permit-holder and the private residence or fully enclosed accessory structure for which they are issued.

F. Permit renewal. A personal marijuana cultivation permit issued under this section shall automatically expire one year after the notice of decision. Permit renewal shall be requested through compliance with the procedures for issuance of a permit as provided in this section. An applicant for a permit renewal shall be required to pay a permit renewal fee in an amount to be set by resolution of the city council. However, an applicant for permit renewal shall not be required to submit a new cultivation plan annually, provided the marijuana cultivation site follows the original cultivation plan and the permit holder is not engaged in additional or expanded marijuana cultivation, as affirmed in the renewal form. Renewal applications must be received at least 30 calendar days prior to the expiration of an existing permit, but not earlier than 90 calendar days prior to such expiration. Renewal inspections must occur no earlier than 60 calendar days prior to the submission of the renewal application.

G. Permit revocation. Permits issued under this section may be revoked by the director upon making any of the following findings:

1. The permit was issued in error or the cultivation plan form included incorrect information.

2. The marijuana cultivated at the cultivation site has been sold or used for any commercial use, or any other use or activity has occurred that is prohibited by Health and Safety Code §§ 11362.1, 11362.2 and 11362.3, and as they may be amended.

3. Any violation of the AUMA, and as it may be amended, has occurred at the marijuana cultivation site.

4. Violation of any of the provisions of this chapter has occurred at the marijuana cultivation site.

5. The marijuana cultivation site has become a public nuisance or has been operated in a manner constituting a public nuisance.

6. The marijuana cultivation is not in compliance with conditions of the permit.

7. The permit holder has engaged in any activity for which the personal marijuana cultivation permit could have been denied originally.

H. Appeals. The applicant may appeal the director's decision on an application for a personal marijuana cultivation permit to the planning commission and the planning commission's decision to the city council pursuant to chapter 17.80 (Hearing notice and appeal procedures). An appeal of a decision on a personal marijuana cultivation permit is not timely if not filed within 15 days of the date of the notice of the director's or planning commission's decision. No personal marijuana cultivation permit shall be effective until the appeal period has been exhausted.

(Code 1981, § 9.34.040; Ord. No. 590U, § 2, 11-1-2016)

A. Conditions.

1. Visibility. All marijuana cultivation authorized by this section shall be conducted inside a private residence or inside a fully enclosed accessory structure and shall not occur in an area visible from any neighboring property, any public right-of-way, or public view. No exterior evidence of marijuana cultivation occurring at the property shall be visible from public view. A fully enclosed accessory structure shall be located within a securely fenced in rear yard of the private residence.

2. Odor. The odor resulting from all marijuana cultivation shall not be detectable by unaided human senses from any neighboring property or any public right-of-way. A marijuana cultivation site must have a ventilation and filtration system installed that shall prevent marijuana plant odors from exiting the interior of the structure and that shall comply with all applicable building code regulations, including obtaining all required permits and approvals. The ventilation and filtration system must be approved by the city and installed prior to commencing cultivation at the marijuana cultivation site.

3. Locks and alarm. Any private residence or fully enclosed accessory structure utilized for marijuana cultivation pursuant to this chapter shall be secured with locks to prevent unauthorized entry and/or theft, remain secure at all times, and have a working security system which consists of a standard audible residential alarm in compliance with chapter 9.04 (Burglar Alarms).

4. Fire extinguisher. A fully charged portable fire extinguisher, which complies with the regulations and standards adopted by the state fire marshal and applicable law, shall be kept in the fully enclosed and secure structure used for cultivation of marijuana. If cultivation occurs in a residential structure, the portable fire extinguisher shall be kept in the cultivation room.

5. Six plants. Cultivation at a single private residence (which includes fully enclosed accessory structures on the grounds of that private residence) is limited to up to six living plants.

6. Residence. The person or primary caregiver cultivating the marijuana shall reside full-time on the premises where the marijuana cultivation occurs.

7. Personal use. Marijuana plants shall be cultivated by a person or primary caregiver exclusively for personal use only and shall not be donated, sold, distributed, transported, or given to any other person or entity, with the exception that a primary caregiver may cultivate for a qualified patient.

8. Electricity use. The collective draw from all electrical appliances at the marijuana cultivation site shall not exceed the maximum rating of the approved electrical panel for the primary legal residence at the marijuana cultivation site. The maximum rating shall be as established in the manufacturer specifications for the approved electrical panel. Gas products (including, without limitation, CO 2 , butane, propane, and natural gas) or generators shall not be used for the cultivation of marijuana.

9. Lighting. Any lighting fixture used for marijuana cultivation shall not exceed the rated wattage and capacity of the circuit breaker and shall be shielded so as to completely confine light and glare to the interior of the private residence or fully-enclosed accessory structure.

10. Humidity and mold. Marijuana cultivation shall not create a humidity or mold issue within the private residence or fully enclosed accessory structure in violation of the building code, as adopted by the city, or the city's health and safety regulations, including, but not limited to, the property maintenance standards of this Code.

11. Code compliance. The private residence or fully enclosed accessory structure used for marijuana cultivation shall at all times be in full compliance with the city building code, electrical code, mechanical code, plumbing code, fire code, and any other requirement found in title 15 (Buildings and Construction), chapter 8.08 (Fire Code) of title 8 (Health and Safety), or any other applicable building, health, or safety standard in this Code.

12. Area. Marijuana cultivation occurring within a private residence or fully-enclosed accessory structure shall be in a cumulative area totaling no larger than 50 square feet.

13. Residential structure. The residential structure shall remain at all times a residence, with legal and functioning cooking, sleeping, and sanitation facilities with code-compliant ingress and egress. These rooms shall not be used for marijuana cultivation where such cultivation will prevent their primary use for cooking of meals, sleeping, and bathing.

14. Accessory structure. A fully enclosed accessory structure, as defined herein, used for the cultivation of marijuana shall be located in a fully fenced and secured rear yard of the residence, and shall maintain the minimum rear and side yard setbacks required for the residential lot, pursuant to table 02-A of chapter 17.02 (Single-Family Residential (RS) Districts), for the district in which the residential structure sits. An accessory structure operating as a marijuana cultivation site shall at all times be fully enclosed so that none of the interior area is visible from any neighboring property, any public right-of-way, or public view.

B. Additional conditions and regulations. The city council may, by resolution, adopt both additional conditions to further the purposes of this section, as well as additional regulations to further the purposes of this chapter. The city council may also delegate, by resolution, authority to adopt such conditions or regulations to the city manager or their designee.

(Code 1981, § 9.34.050; Ord. No. 590U, § 2, 11-1-2016)

A. A violation of this chapter or noncompliance with any of the requirements of this chapter shall be subject to any criminal or civil enforcement remedies available under the law and this Code. In addition, the city may prosecute a violation of this chapter by means of civil enforcement through a restraining order, a preliminary or permanent injunction, or by any other means authorized by law or equity. Notwithstanding any other provision of this Code, no conduct which is protected from criminal liability pursuant to state law shall be made criminal by this chapter.

B. Any violation of the provisions of this chapter is declared to be a public nuisance and may be abated by the city either pursuant to this Code, including, but not limited to, procedures provided for in chapter 8.24 (Property Maintenance) or any other available remedies at law or equity.

C. At the discretion of the city prosecutor, any violation of section 9.34.030 (Marijuana cultivation prohibited), 9.34.040 (Personal cultivation of marijuana generally; permit required) or 9.34.050 (Conditions of personal cultivation of marijuana) is punishable as an infraction pursuant to section 1.08.010(B), or punishable as a misdemeanor pursuant to section 1.08.010(A).

(Code 1981, § 9.34.060; Ord. No. 590U, § 2, 11-1-2016)