§ 17.40

The following words used in this chapter are defined as follows:

"Cannabis" has the meaning set forth in Business and Professions Code Section 26001(f) and includes 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. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "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. "Cannabis" does not mean "industrial hemp" as defined by Health and Safety Code Section 11018.5.

"Commercial Cannabis Activity" has the meaning set forth in Business and Professions Code Section 26001(k), and as that provision may be amended subsequently.

"Commercial Cannabis Facility" means any building, facility, use, establishment, property, or location where any person or entity establishes, commences, engages in, conducts, or carries on, or permits another person or entity to establish, commence, engage in, conduct, or carry on, any commercial cannabis activity that requires a state license or nonprofit license under Business and Professions Code Sections 26000 and following, including but not limited to cannabis cultivation, manufacturing of cannabis products or cannabis processing. Commercial cannabis facility shall not include the establishment of a non-storefront retailer as defined in California Code of Regulations, Title 4, Division 19, Chapter 3, Section 15414.

"Cultivation" has the meaning set forth in Business and Professions Code Section 26001(l) and includes any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

"Medicinal Cannabis" or "Medical Cannabis" is cannabis used for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of cannabis in the treatment of acquired immune deficiency syndrome ("AIDS"), anorexia, arthritis, cancer, chronic pain, glaucoma, migraine, spasticity, or any other serious medical condition for which cannabis is deemed to provide relief as defined in Health and Safety Code section 11362.7(h).

"MAUCRSA" means the Medicinal and Adult-Use Cannabis Regulation and Safety Act as codified in the Business and Professions Code Division 10, as the same may be amended from time to time.

"Primary Caregiver" has the meaning set forth in Health and Safety Code Sections 11362.5(e) and 11362.7(d).

"Private Residence" means a house, an apartment unit, condominium, or other similar dwelling.

"Qualified Patient" has the meaning set forth in Health and Safety Code Section 11362.7(f).

(Ord. No. 1018, § 4, 11-14-23)

17.40.020 - Purpose and intent.

The purpose and intent of this chapter is to prohibit commercial cannabis facilities and to regulate cannabis cultivation, as defined above, within the City limits. It is recognized that it is a federal violation under the

Controlled Substances Act to possess or distribute cannabis even if for medical purposes. Additionally, there is evidence of an increased incidence of crime-related secondary impacts in locations associated with a cannabis facility, which is contrary to policies that are intended to promote and maintain the public's health, safety, and welfare. This chapter shall not be interpreted as prohibiting patients within the city or their caregivers from purchasing by delivery medicinal cannabis to meet their demands in a timely and readily accessible manner.

(Ord. No. 1018, § 5, 11-14-23)

17.40.030 - Commercial cannabis facilities and cannabis deliveries.

A.

Commercial cannabis facilities are prohibited in all zones in the City. No person or entity may establish or operate a commercial cannabis facility within City limits.

B.

No property owner may allow its property to be used by any person or entity as a commercial cannabis facility.

C.

This chapter is not intended to prohibit any commercial or non-commercial cannabis activity that the City is required by state law to permit within its jurisdiction pursuant to MAUCRSA.

(Ord. No. 1018, § 6, 11-14-23)

17.40.040 - Non-storefront, delivery-only medical cannabis retail use.

A.

A Non-storefront, delivery-only medical cannabis retail use is permitted in the Light Manufacturing and Industrial (M-1) zone and shall require a Conditional Use Permit pursuant to Chapter 17.132—Conditional Use Permits.

B.

A Non-storefront, delivery-only medical cannabis retail use must not be located within:

1.

Five hundred (500) feet of any property zoned R-1, R-2, and R-3 within the City limits;

2.

Five hundred (500) feet of any churches or other places used exclusively for religious assembly within the City limits;

Five hundred (500) feet of any public or private school (grades K-12) or child care establishment within the City limits;

4.

Five hundred (500) feet of any public park or playground, or any city facility, including, but not limited to, city hall, the city library, and any police or fire station.

C.

In addition to the application requirements set forth in Chapter 17.132—Conditional Use Permits, the applicant shall also submit a Safety and Security Plan that shall be reviewed and approved by the Chief of Police. The Safety and Security Plan shall include all of the following:

1.

State License Information.

2.

Odor Mitigation Plan. The Odor Mitigation Plan shall be certified by a professional engineer or industrial hygienist that includes the following:

a.

Operational processes and maintenance plan, including activities to ensure the odor mitigation system remains adequate and functional;

b.

Odor mitigation training and operational procedures for all employees; and

c.

Engineering controls, which may include carbon filtration or other methods of air cleansing, and evidence that such controls are sufficient to effectively mitigate odors from all odor sources. All odor mitigation systems and plans submitted pursuant to this subsection shall be consistent with accepted and best available industry-specific technologies designed to effectively mitigate cannabis odors.

3.

The establishment of a 24-hour video surveillance recording system, which includes coverage of the following areas:

a.

Areas where cannabis or cannabis products are weighed, packed, stored, loaded or unloaded for transportation, or moved within the licensed premises.

b.

Limited access areas.

c.

Security rooms.

d.

Areas storing a surveillance system storage device with at least one camera recording the access points to the secured surveillance recording area.

e.

Entrances and exits to the licensed premises, which shall be recorded from both indoor and outdoor vantage points.

f.

Any other area as may be required by state law.

4.

The video surveillance shall be stored for a minimum of ninety (90) days and be made available to Law enforcement and Code enforcement upon request.

5.

Alarm System. Professionally and centrally monitored fire, robbery, and burglar alarm systems shall be installed and maintained in good working condition at the premises in accordance with California Code of Regulations, Title 4, Division 19, Chapter 3, Section 15047.

6.

The parking lot and exterior of the establishment shall maintain good lighting to the satisfaction of the Chief of Police during hours of darkness.

7.

Provide training to staff regarding security protocols and emergency procedures in accordance with state law.

8.

Right of Inspection. All vehicles and facilities permitted pursuant to this article are subject to inspection by City personnel any time the operator is exercising privileges under an operator permit. Prior notice of an inspection is not required.

9.

Secure Storage. All medical cannabis and medical cannabis products shall be kept in accordance with California Code of Regulations, Title 4, Division 19, Chapter 3, Section 15000.7 during business and non-

business hours. Each non-storefront medical cannabis delivery-only operation shall ensure that all limited access areas and be securely Jocked using commercial grade, nonresidential door locks. Commercial grade, nonresidential door locks shall also be used on all points of entry and exit to the licensed premises.

10.

Owner/Employee Rosters and Notice of Change.

11.

Other Necessary Security Requirements. The Chief of Police may prescribe additional safety or security measures that he or she deems reasonable and necessary in light of the nature and location of a specific operation.

D.

Operational Standards.

I.

Non-storefront, delivery-only medical cannabis retail operations may only operate during the hours authorized by their state license and the Department of Cannabis Control regulations.

2.

The delivery of cannabis to any person within the City limits is prohibited, except for deliveries of medicinal cannabis to medicinal cannabis patients or their primary caregivers. These deliveries to medicinal cannabis patients or their primary caregivers are subject to the following requirements:

a.

Deliveries are only permitted to occur from the hours of six a.m. to ten p.m.;

b.

Cannabis and cannabis products shall only be transported inside of a vehicle or trailer and shall not be visible or identifiable from outside of the vehicle or trailer; and

c.

Deliveries are only permitted to a physical address not located on publicly owned land or any address on land or in a building leased by a public agency. A delivery employee shall not deliver cannabis goods to a school providing instruction in kindergarten or any grades one through twelve (12), day care center, or youth center.

3.

No cannabis or cannabis products may be visible from outside the non-storefront medical cannabis delivery-only operation's fixed location or delivery vehicles.

No visual display, signage, or condition on the exterior of the non-storefront, delivery-only medical cannabis retail operation's fixed locations or delivery vehicles shall indicate the types of products being stored inside the fixed location or transported in the delivery vehicles.

5.

No Public Access. Non-storefront, delivery-only medical cannabis retail operations shall not permit public access to fixed locations or delivery vehicles. Only employees, operators, and owners of non-storefront, delivery-only medical cannabis retail operations may access businesses' fixed locations or delivery vehicles.

6.

No On-Site Sales. Non-storefront, delivery-only medical cannabis retail operations shall only conduct sales via delivery. On-site sales are strictly prohibited.

7.

No Cannabis Paraphernalia. No non-storefront, delivery-only medical cannabis retail operation shall sell or display any products other than medicinal cannabis or medicinal cannabis products. No cannabis-related paraphernalia or any other products, including but not limited to alcohol and tobacco products shall be allowed.

8.

No person under the age of twenty-one (21) years old shall be in a commercial vehicle or trailer transporting cannabis or cannabis products. Only a licensee, an employee of the licensed distributor, or security personnel who meets the requirements of California Code of Regulations, Title 4, Division 19, Chapter 3, Section 15045 shall be in a vehicle while transporting cannabis or cannabis products.

9.

No more than the maximum amount of medical cannabis permitted under state law in total value of product and cash may be transported at any one time in an individual vehicle during deliveries.

10.

All non-storefront, delivery-only medical cannabis retail operations must be conducted in accordance with all local and state laws.

11.

Other Necessary Operational Requirements. The City may prescribe additional operational requirements deemed reasonable and necessary in light of the nature and location of a specific operation.

(Ord. No. 1018, §§ 3, 7, 11-14-23)

No person may cultivate cannabis at any location within the City, except that a person may cultivate no more than six living cannabis plants inside a private residence, or inside an accessory structure to a private residence located upon the grounds of that private residence, provided that such cannabis cultivation is in compliance with all of the following requirements and restrictions:

A.

The cultivation occurs in residences and/or accessory structures that are fully enclosed and secured against unauthorized entry.

B.

The owner of the private residence has provided written consent allowing cannabis cultivation to occur at the private residence.

C.

The cultivation complies with all applicable building code requirements set forth in the Rosemead Municipal Code.

D.

There is no use of gas products (CO2, butane, propane, natural gas, etc.) on the property for purposes of cannabis cultivation.

E.

Pursuant to Health and Safety Code Section l 1362.2(a)(3), no more than six living plants may be planted, cultivated, harvested, dried, or processed within a single private residence, or upon the grounds of that private residence, at one time.

F.

Indoor grow lights used for cannabis cultivation do not exceed one thousand (1,000) watts per light.

G.

Adverse impacts of cannabis cultivation are mitigated so that a public nuisance, as defined by Civil Code Section 3480, does not exist, including but not limited to adverse impacts of odors or the use or storage of hazardous materials, processes, products, or wastes.

H.

A portable, working, fire extinguisher must be kept in the same room or structure where cannabis cultivation is occurring.

I.

Cannabis and cannabis infused products must be disposed in a secure waste receptacle located on the residential property. Disposed cannabis plants and products must be rendered unusable and

unrecognizable by grinding and incorporating cannabis waste with any non-consumable solid waste with a resulting mixture of at least fifty (50) percent non-cannabis waste.

(Ord. No. 1018, §§ 3, 8, 11-14-23)

Violation of any provision of this chapter is subject to enforcement remedies and penalties as set forth in Rosemead Municipal Code or applicable law.

(Ord. No. 1018, §§ 3, 9, 11-14-23)

Any violation of this section is declared to be a public nuisance per se and contrary to the public interest and will at the discretion of the City, be subject to a cause of action for injunctive relief. In addition to any other method of enforcement, the City Attorney may bring a civil action for injunctive relief and civil penalties against any person or entity that violates this chapter. In any civil action brought pursuant to this section, a court of competent jurisdiction may award reasonable attorneys' fees and costs to the prevailing party as provided in Rosemead Municipal Code Section 1.16.040.

(Ord. No. 1018, §§ 3, 10, 11-14-23)

Chapter 17.42 - MOBILE HOMES AND MANUFACTURED HOUSING

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