San Fernando Municipal Code Art. IV Marijuana Cultivation

(a) No indoor personal cultivation, as authorized under Health and Safety Code § 11362.1(a)(3), shall be conducted in the city without a valid city-issued indoor personal marijuana cultivation permit pursuant to Health and Safety Code § 11362.2(b)(1).

(b) The form of the application for an indoor personal cannabis cultivation permit shall be approved by the chief planning official, chief of police, and city attorney.

(c) If a residence proposed to be utilized in any manner for indoor and/or outdoor cultivation is leased or rented, then an indoor personal marijuana cultivation permit may only be issued upon a written authorization from the owner of such property that explicitly allows such cultivation, with written authorization including proof of notary on form provided by the city. Such written authorization shall accompany an application for an indoor personal marijuana cultivation permit. The property owner may revoke such authorization by providing written notice of revocation to the city and to the permittee. Thirty calendar days after receipt of such notice by the city, the relevant indoor personal marijuana cultivation permit shall be null and void.

(d) Applications shall be filed with the city clerk and accompanied by an application (including inspection) fee and any other required site plans or documentation, as established by city council resolution.

(e) The chief planning official and chief of police, or designee(s), shall consider and either approve or disapprove an application for an indoor personal marijuana cultivation permit and deliver written notice of such approval or disapproval by first class mail to the applicant within 30 calendar days of the city's receipt of such complete application.

(f) Appeal of permit denial. A denial of an indoor personal marijuana cultivation permit may be made in accordance with the procedural protocol set forth in San Fernando Municipal Code § 106-76 et seq. for appeals of certain zoning-related determinations, which provide for aggrieved parties to appeal to the planning commission and city council, if necessary.

(g) Periodic inspections. Permittees who possess current and valid indoor personal marijuana cultivation permits shall be subject to quarterly city inspections to ensure compliance with the standards set forth in this article IV of Chapter 42 upon at least 72 hours written notice from the city.

(Ord. No. U-1658, § 4, 11-7-2016; Ord. No. 1659, § 3, 11-21-2016)

(a) Indoor personal marijuana cultivation shall be limited to the inside of a private residence or inside an accessory structure to a private residence located upon the grounds of a private residence that is fully enclosed and secure, pursuant to Health and Safety Code § 11362.1 and 11362.2, so long as the portion of the residence or eligible accessory structure utilized for such cultivation is not within a required walkway or common open space area and does not reduce the amount of required on-site parking spaces applicable to the relevant residence(s).

(b) Any and all live marijuana plants cultivated indoors by persons in the city pursuant to Health and Safety Code § 11362.1(a)(3) shall be kept in a locked space that is not visible by normal unaided vision from a public place, subject to any and all limitations applicable under Health and Safety Code §§ 11362.1 and 11362.2.

(c) All structures in which such indoor personal cannabis cultivation occurs shall comply with all applicable zoning, building, housing, and fire code requirements.

(d) The use of grow lights, fans, ventilation devices or any other electrical, irrigation, or mechanical equipment shall comply with all applicable building, housing, and fire code requirements and related permitting and inspection requirements.

(e) Indoor grow lights shall not exceed 2,000 watts total illumination, and the installation, wiring, and operation of such lighting shall comply with the applicable building, housing, and fire code requirements and related permitting and inspection protocols.

(f) The use of gas products (CO2, butane, propane, natural gas, etc.) or generators for personal indoor marijuana cultivation shall be prohibited.

(g) Any structure utilized for personal indoor marijuana cultivation shall have ventilation and filtration systems installed to prevent the odor of cannabis from escaping the interiors of such structure and the accumulation of mold. Such systems shall be compliant with applicable building, housing, and fire code requirements and has undergone and related necessary inspections.

(h) Each allowable outdoor accessory structure utilized for the indoor personal cultivation of marijuana shall be set back at a distance of three to ten feet from all property lines of the premises, subject to review and approval by the community development director to ensure compliance with Health and Safety Code § 11362.2.

(i) The cultivation area shall not be accessible to persons under 21 years of age.

(j) A portable fire extinguisher shall be kept in the same room where indoor cultivation occurs.

(k) There shall be no external or noxious olfactory evidence of marijuana cultivation from any street, sidewalk, public right-of-way, or adjacent property.

(l) Runoff and waste disposal by the residence where cultivation occurs must be in compliance with any applicable local, state, and federal regulations and laws.

(Ord. No. U-1658, § 4, 11-7-2016; Ord. No. 1659, § 3, 11-21-2016)

The personal cultivation of cannabis outdoors upon the grounds of a private residence shall be completely prohibited in all zones in the city, pursuant to Health and Safety Code § 11361.2(b)(3).

(Ord. No. U-1658, § 4, 11-7-2016; Ord. No. 1659, § 3, 11-21-2016)

Marijuana means 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.

Cultivate means participation [in] any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana.

Private residence means a house, an apartment unit, a mobilehome, or other similar dwelling.

(Ord. No. U-1658, § 2, 11-7-2016; Ord. No. 1659, § 3, 11-21-2016)