Santa Paula Municipal Code Ch. 16.79 Regulation of Cannabis Activities

The purpose of this chapter is to expressly prohibit the establishment of commercial cannabis uses in the city except those permitted by state law. The City Council finds that the prohibitions on commercial cannabis activity in this chapter are necessary for the preservation and protection of the public health, safety and welfare of the city. The prohibition of such uses is within the authority conferred upon the City Council by state law and is an exercise of its police powers to enact and enforce regulations for the public health, safety and welfare of the city. This chapter is also intended to apply reasonable regulations to the personal cultivation of cannabis and delivery of medicinal cannabis that is authorized under state law. Nothing in this chapter shall be interpreted to conflict with state law, including without limitation the Compassionate Use Act, the Control, Regulate, and Tax Adult Use of Marijuana Act (AUMA) and the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), as may be amended.

(Ord. 1272, passed 12-4-17; Am. Ord. 1342, passed 3-19-25)

For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(A) “CANNABIS” or “MARIJUANA” has the meaning set forth in Cal. Bus. and Prof. Code § 26001(f), as may be amended, 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” or “MARIJUANA” also means the separated resin, whether crude or purified, obtained from Cannabis. “CANNABIS” or “MARIJUANA” also includes cannabis that is used for non-medical, or other purposes. “CANNABIS” or “MARIJUANA” 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 case, or the sterilized seed of the plant which is incapable of germination. “CANNABIS” or “MARIJUANA” also does not include industrial hemp, as defined in California and has the same definition as Cal. Health and Safety Code § 11018.5. "CANNABIS" or "MARIJUANA" also does not include medical or medicinal use(s) of the plant to treat specific medical conditions upon the recommendation of a licensed physician, as defined in California law.

(B) "CANNABIS/MARIJUANA ACCESSORIES" has the meaning set forth in Cal. Bus. and Prof. Code § 26001(g), as may be amended, and includes any equipment, products or materials of any kind which is intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing Cannabis, or for ingesting, inhaling, or otherwise introducing Cannabis or Cannabis products into the human body.

(C) "CANNABIS/MARIJUANA PRODUCT" has the meaning set forth in Cal. Bus. and Prof. Code § 26001(k), as may be amended, and includes Cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated Cannabis, or an edible or topical product containing Cannabis or concentrated Cannabis and other ingredients.

(D) "CANNABIS TESTING LABORATORY" has the meaning set forth in Cal. Bus. and Prof. Code § 26001(ba), as may be amended, and includes a laboratory, facility, or entity that offers or performs tests of both adult use and medical cannabis or cannabis products and that is both of the following: (1) accredited by an accrediting body (i.e. International Organization for Standardization (ISO)) that is independent from all other persons involved in commercial cannabis activity in the state, and (2) is licensed by the Bureau of Cannabis Control.

(E) “COMMERCIAL CANNABIS ACTIVITY” has the meaning set forth in Cal. Bus. and Prof. Code § 26001(n), as may be amended, and includes cultivation, manufacture, processing, storing, labeling, transporting, distribution, delivery or sale of cannabis or a cannabis product for non- medical, or any other purpose and includes the activities of any business licensed by the state or other government entity under Division 10 of the Cal. Bus. and Prof. Code, or any provision of state law that regulates the licensing of cannabis businesses. This definition includes operation of a dispensary and mobile marijuana dispensary. This definition does not include Cannabis testing laboratories.

(F) "CONCENTRATED CANNABIS" means manufactured cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product's potency. "CONCENTRATE" includes resin from granular trichomes from a Cannabis plant.

(G) "CULTIVATION OF CANNABIS" or "CANNABIS CULTIVATION" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

(H) “DELIVERY” means the commercial transfer of cannabis or cannabis products to a customer. “DELIVERY” also includes the use by a retailer of any technology platform owned and controlled by the retailer. The term “DELIVERY” does not include the distribution of cannabis from a mobile marijuana dispensary.

(I) "DELIVERY-ONLY MEDICINAL CANNABIS RETAILER" means a non-storefront business that delivers medicinal cannabis as part of a retail sale to a qualified patient or their primary caregiver and that holds a Type 9 retail license from the California Department of Cannabis Control.

(J) “DISPENSARY” means a facility with a storefront where Cannabis, Cannabis products, or devices for the use of Cannabis or Cannabis products are offered, either individually or in any combination, for retail sale.

(K) "DISTRIBUTION" means the procurement, sale, and transport of cannabis and cannabis products between entities licensed under Division 10 of the Cal. Bus. and Prof. Code, as may be amended from time to time.

(L) "FULLY-ENCLOSED 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 therefore exempt from this definition.

(M) "MANUFACTURE CANNABIS" means to compound, blend, extract, infuse, or otherwise prepare a Cannabis product.

(N) "MAUCRSA" means the Medicinal and Adult-Use Cannabis Regulation and Safety Act as codified in Division 10 of the Cal. Bus. and Prof. Code, as may be amended.

(O) "MEDICINAL CANNABIS" or "MEDICAL CANNABIS" has the meaning set forth in Cal. Bus. and Prof. Code § 26001(am), as may be amended, and includes CANNABIS or a CANNABIS PRODUCT, respectively, intended to be sold or donated for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found in § 11362.5 of the Cal. Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician's recommendation, or in compliance with any compassionate use, equity, or other similar program administered by a local jurisdiction.

(P) "MOBILE MARIJUANA DISPENSARIES" means any dispensary, clinic, cooperative, association, club, business, or group which transports or delivers, or arranges the transportation or delivery, of medical Cannabis to a person or conducts sales of Cannabis from a non-fixed location.

(Q) "PERSON" means any individual, firm, corporation, association, club, society, or other organization. The term person shall include any owner, manager, proprietor, employee, volunteer or salesperson.

(R) "PERSONAL CANNABIS CULTIVATION" means Cannabis cultivation of six or fewer live Cannabis plants within a single private residence or a fully-enclosed accessory structure that is accessory to a private residence in accordance with Cal. Health & Safety Code § 11362.2.

(S) "PHYSICIAN'S RECOMMENDATION" has the meaning set forth in Cal. Bus. and Prof. Code § 26001(at), as may be amended, and means a recommendation by a physician and surgeon that a patient use cannabis provided in accordance with the Compassionate Use Act of 1996 (Proposition 215). found at § 11362.5 of the Cal. Health and Safety Code.

(T) "PRIMARY CAREGIVER" has the meaning set forth in Cal. Health and Safety Code §§ 11362.7(d) and (e), as may be amended.

(U) "PRIVATE RESIDENCE" means a house, an apartment unit, condominium, or other similar dwelling that is lawfully used as a residence.

(V) "QUALIFIED PATIENT" has the meaning set forth in Cal. Health and Safety Code § 11362.7(f), as may be amended.

(Ord. 1262, passed 2-1-16; Am. Ord. 1272, passed 12-4-17; Am. Ord. 1342, passed 3-19-25)

(A) Unless otherwise provided by California law, commercial cannabis activity is expressly prohibited in all zones in the city except that a delivery-only medicinal cannabis retailer may be conditionally permitted in the Industrial (I) Zone in accordance with § 16.79.050. To the extent that this prohibition conflicts with any other provision of this code, this prohibition shall control.

(B) Mobile marijuana dispensaries are prohibited in all zones within the city. No person shall:

(1) Locate, operate, own, suffer, allow to be operated or abide, abet or assist in the operation of any mobile marijuana dispensary within the city;

(2) Deliver marijuana to any location within the city from a mobile marijuana dispensary, regardless of where the mobile marijuana dispensary is located, or engage in any operation for this purpose; or

(3) Deliver from a mobile marijuana dispensary any medical cannabis product, including, but not limited to: tinctures, baked goods, or other consumable products, to any location within the city from a mobile marijuana dispensary, regardless of where the mobile marijuana dispensary is located, or engage in any operation for this purpose.

(C) This section is meant to prohibit all activities for which a state license is required with the exception of delivery-only medicinal cannabis retailers. Accordingly, the city shall not issue any permit, license, or other entitlement for any activity other than to delivery only medicinal cannabis retailers for which a state license is required under the MAUCRSA. The city shall also not issue any local license for any activity for which a state license is required under the MAUCRSA to a non- profit entity pursuant to Cal. Bus. and Prof. Code § 26070.5.

(D) To the extent not already prohibited above, cultivation of Cannabis for noncommercial purposes, including cultivation by a qualified patient or primary caregiver as those terms are defined in state law, is expressly prohibited in all zones in the city. No person shall cultivate any amount of Cannabis in the city, even for medicinal purposes, except for personal Cannabis cultivation in accordance with § 16.79.040 below, and where the city is preempted by federal or state law from enacting a prohibition on such activity.

(E) This section does not prohibit Cannabis testing laboratories, which are laboratories and permitted in all zones where laboratories are permitted.

(F) This section does not prohibit the activities of delivery-only, non-storefront medicinal cannabis retailer(s) as required by the Medicinal Cannabis Patients' Right of Access Act and in accordance with § 16.79.050.

(G) This section does not prohibit the retail sale by delivery of medicinal cannabis to qualified patients or their primary caregivers within the city's jurisdiction, as required by the Medicinal Cannabis Patients' Right of Access Act. The cannabis retailer fulfilling the delivery must hold the required state license issued by the California Department of Cannabis Control and must obtain a city business license. All delivery vehicles must be maintained in good working order and may not feature any form of advertisement or identifiable marking related to cannabis or cannabis products.

(Ord. 1262, passed 2-1-16; Am. Ord. 1272, passed 12-4-17; Am. Ord. 1342, passed 3-19-25)

(A) Permit required. Prior to commencing any personal Cannabis cultivation, the person(s) owning, leasing, renting, occupying, or having charge or possession of any legal parcel or premises where personal Cannabis cultivation is proposed to occur must register for a personal Cannabis cultivation permit with the city. No person shall engage in personal marijuana cultivation unless that person has a current valid personal Cannabis cultivation permit from the city, pursuant to this chapter.

(B) Personal Cannabis cultivation application. An applicant shall submit a complete personal Cannabis cultivation application to the Director on a form provided by the city, and proof of payment of the permit fee, in an amount set by resolution of the City Council. Within 30 calendar days of receiving the application, the Director shall either accept the application for processing, or return the application to the applicant with a written description of the reasons for rejection of the application. The cultivation application shall include the following information:

(1) The property address where the Cannabis will be cultivated;

(2) The name and age of each person owning, leasing, occupying or having charge of any legal parcel or premises where Cannabis will be cultivated;

(3) The name and age of each person who will participate in the Cannabis cultivation;

(4) Property owner acknowledgment of personal Cannabis cultivation at the subject property, affirmed under penalty of perjury, if the property owner is different from the applicant;

(5) A cultivation plan which includes 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 personal cultivation at the personal Cannabis cultivation site, and an itemized list of measures taken to comply with the provisions of this section including, but not limited to, odor control, security, electrical and building and safety provisions, as well as any Cannabis accessories that will be used for personal Cannabis cultivation; and

(6) A signed consent form authorizing city staff, including the Fire and Police Department, the authority to conduct an inspection of the site used for the personal cultivation of Cannabis, upon 24-hours' notice for the purpose of verifying compliance with this chapter.

(C) Application approval. Upon verification of the information described in division (B), above, the Director shall issue a notice of decision of a personal marijuana cultivation permit within 60 calendar days, pursuant to the following findings:

(1) The applicant meets all the requirements of this section, and any regulations promulgated under this chapter.

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

(D) Permits not transferable. A personal Cannabis cultivation permit issued pursuant to this chapter is non-transferable and is specific to the permit holder and the private residence or fully-enclosed accessory structure for which it is issued.

(E) Permit renewal. A personal Cannabis cultivation permit issued under this chapter 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 (pursuant to division (B)(5) above), provided the personal Cannabis cultivation site follows the original cultivation plan and the permit holder is not engaged in additional or expanded Cannabis cultivation, as affirmed in the renewal form. Renewal applications must be received at least 30 calendar days prior to such expiration.

(F) Permit revocation. Permits issued under this section may be revoked by the Director, following notice to the permit holder and an opportunity to submit written comments on the proposed revocation, upon making any of the following findings:

(1) The permit was issued in error or the cultivation plan (pursuant to division (B)(5) above) included incorrect information;

(2) The Cannabis cultivated at the personal cultivation site has been sold or used for any commercial activity which is prohibited under this chapter, or any other use or activity has occurred that is prohibited by Cal. Health and Safety Code §§ 11362.1, 11362.2 or 11362.3, as may be amended;

(3) Violation of any of the provisions of this chapter has occurred at the Cannabis cultivation site;

(4) The personal Cannabis cultivation site has become a public nuisance or has been operated in a manner constituting a public nuisance;

(5) The Cannabis cultivation is not in compliance with the conditions of the permit; or

(6) (a) The permit holder has engaged in an activity for which the personal Cannabis cultivation permit could have been denied originally.

(b) Appeals. The applicant may appeal the Director's decision on an application, renewal or revocation of a personal Cannabis cultivation permit to the Planning Commission and the Planning Commission's decision to the City Council, pursuant to Chapter 16.206 of the code. An appeal of a decision on a personal Cannabis 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.

(G) (1) Personal Cannabis cultivation is only permitted when all of the following conditions and standards are met:

(2) Generally:

(a) Residence. Personal Cannabis cultivation is permitted only on parcels with residential units where the personal Cannabis cultivation permit holder resides full-time. Personal Cannabis cultivation permit holders shall not participate in personal Cannabis cultivation in more than one location within the city. Personal Cannabis cultivation activities may only occur within a residential unit, garage or fully-enclosed accessory structure.

(b) Visibility. From the public right-of-way, there shall be no exterior evidence of personal Cannabis cultivation. All personal Cannabis cultivation authorized by this section shall be conducted inside a private residence or within a fully-enclosed accessory structure.

(c) Security. Any structure used for personal Cannabis cultivation shall be secured with locks to prevent unauthorized entry and/or theft, and remain secure at all times.

(d) Code compliance. The personal Cannabis cultivation area shall not adversely affect the health or safety of the nearby residents by creating dust, glare, excessive light, heat, noise, noxious gases, odors, smoke, traffic, vibration, or other impacts, and shall not be hazardous due to the use of storage of materials, processes, products or waste. The cultivation area shall be in full compliance with the city Building Code, Electrical Code, Mechanical Code, Plumbing Code, and Fire Code.

(e) Number of plants. Cultivation shall not exceed six living marijuana plants of any size per private residence.

(f) Cultivation area. Personal marijuana cultivation must occur within a cumulative area totaling no larger than 100 square feet.

(g) Ventilation. Any multi-family dwelling used for personal marijuana cultivation must have a ventilation and filtration system installed in the dwelling unit that shall prevent marijuana plant odors from exiting the interior of the unit, and shall comply with all applicable building code regulations, including obtaining all required permits and approvals for the ventilation and filtration system. Personal Cannabis cultivation shall not create humidity or mold 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, as codified in Chapter 150 Building Regulations of the city municipal code.

(h) Residential structure. The primary residence shall, at all times, maintain a kitchen, bathroom, and primary bedroom(s) for their intended purpose, and shall not be used for Cannabis cultivation where such cultivation will prevent their primary use for cooking of meals, sleeping, and bathing.

(i) Accessory structure. A fully-enclosed accessory structure, as defined herein, shall be located within the rear yard area of any legal parcel or premises. The structure shall maintain a minimum setback of 10-feet from any property line and the marijuana plants shall not be visible from outside the structure.

(H) Upon 24-hours' notice, the city may conduct an inspection of the private residence or fully enclosed accessory structure used for personal Cannabis cultivation for the purpose of verifying compliance with this chapter.

(Ord. 1272, passed 12-4-17; Am. Ord. 1342, passed 3-19-25)

(A) A Conditional Use Permit issued pursuant to Chapter 16.218 for a delivery-only medicinal cannabis retailer must include, as conditions of approval, the operational standards set forth in this section. In addition, the Conditional Use Permit must incorporate by reference an operations plan approved by the Police Chief, that implements not only the operations standards set forth in this section, but such additional conditions that the Police Chief finds reasonably necessary to implement the purpose of this chapter when considering the location and size of the proposed delivery-only medicinal cannabis retailer.

(B) Operational standards.

(1) All delivery-only medicinal cannabis retailers shall be located in the Industrial (I) zoning district only and operate in a building suitable for such operations.

(2) All delivery-only medicinal cannabis retailers shall be in full compliance with the city Building Code, Electrical Code, Mechanical Code, Plumbing Code, Fire Code and any other city, county, state, or federal requirements prior to commencing operations, including obtaining all necessary permits and a city business license, and payment of all required fees.

(3) In order to operate, a delivery-only medicinal cannabis retailer must obtain and maintain both licensure from the California Department of Cannabis Control and a city business license.

(4) It is unlawful for alcohol or tobacco to be sold.

(5) It is unlawful for cannabis or cannabis products to be publicly visible from the exterior of the property.

(6) Each delivery-only medicinal cannabis retailer must provide the Community and Economic Development Director, or designee, 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.

(7) Uniformed security personnel must be employed to monitor all entrances and exits during all hours of operation. Every security guard employed by or provided by the dispensary must be currently licensed by the California Bureau of Security and Investigative Services and in possession of a valid "guard card." The number of such security personnel must be set forth in the operations plan.

(8) Odor control devices and techniques must be incorporated to ensure that odors from cannabis and cannabis products are not detectable outside of the building or in any tenant space or area adjacent to the building.

(9) All law enforcement personnel seeking admission to the premises 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 permittee and included within the operations plan.

(10) The premises must have a professionally installed, maintained, and monitored alarm system as approved through the operations plan.

(11) All food products, food storage facilities, food-related utensils, equipment and materials must be approved, used, managed and handled in accordance with the provisions of the California Retail Food Code (Cal. Health and Safety Code §§ 113700, et seq.). All food products must be protected from contamination at all times, and all food handlers must be clean, in good health, and free from communicable diseases. The Ventura County Department of Public Health may inspect the dispensary at any time during business hours to ensure compliance with state and local laws.

(12) No delivery driver may carry more than two hundred dollars in cash while engaged in the service of delivering cannabis or cannabis products, and shall not wear any clothing, headwear, or accessory featuring any form of advertisement or identifiable marking related to cannabis or cannabis products.

(13) Delivery vehicle(s) shall be maintained in good working order and shall not feature any form of advertisement or identifiable marking related to cannabis or cannabis products.

(14) Violation of any operational standard or city, county, state, or federal law may result in revocation of the retailer's Conditional Use Permit.

(Ord. 1342, passed 3-19-25)

The City Manager and his/her designee is hereby authorized to promulgate and enforce administrative regulations in the implementation and enforcement of this chapter.

(Ord. 1272, passed 12-4-17; Am. Ord. 1342, passed 3-19-25)

In addition to any other remedy available under law, violations of this subchapter are subject to the administrative citations and penalties provisions in Title 1, Chapter 14, of this code.

(Ord. 1262, passed 2-1-16; Am. Ord. 1272, passed 12-4-17; Am. Ord. 1342, passed 3-19-25)

Any use or condition caused, or permitted to exist, in violation of any provisions of this subchapter shall be, and hereby is declared to be, a public nuisance and may be summarily abated by the city pursuant to Code of Civil Procedure section 731 or any other remedy available to the city.

(Ord. 1262, passed 2-1-16; Am. Ord. 1272, passed 12-4-17; Am. Ord. 1342, passed 3-19-25)