Chapter 9.50 — PERSONAL MARIJUANA CULTIVATION

Sections:

• 9.50.010 Purpose and intent.
• 9.50.020 Definitions.
• 9.50.030 Personal marijuana cultivation.
• 9.50.040 Indoor personal marijuana cultivation permit.
• 9.50.050 Violation and penalties; public nuisance.

A. The purpose and intent of this chapter is to prohibit throughout the entire city the outdoor cultivation of marijuana, and to establish reasonable regulations, consistent with the meaning of Section 11362.2 of the Health & Safety Code, and as may be amended, for the indoor cultivation of up to six marijuana plants at a private residence. B. This chapter is not intended to interfere with a patient's right to medical marijuana as provided for in Section 11362.5 of the Health & Safety Code. (Ord. 2017-11-1498 § 3 (part))

The following words and phrases shall, for the purposes of this chapter, be defined as follows: A. "Accessory structure" means a subordinate building located on the same lot as a private residence, the use of which is customarily part of, incidental and secondary to that of the private residence, and which does not change the character of the residential use of the private residence. B. "Applicant" means an applicant for a permit. C. "Application" means an application for a permit. D. "Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of one or more marijuana plants or any part thereof. E. "Cultivation site" means the real property on which marijuana cultivation occurs. F. "Director" means the Director of Community Development, or Chief of Police for the City of Signal Hill, or his or her designee. G. "Marijuana" has the same definition as provided in Section 26001 of the Business & Professions Code for the term "cannabis," and as may be amended, defined as "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." H. "Permit" means an indoor personal marijuana cultivation permit issued pursuant to this chapter. I. "Person" means 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. J. "Private residence" has the same meaning as the term is defined in Section 11362.2(b)(5) of the Health & Safety Code, and as may be amended, which provides that private residence "means a house, an apartment unit, a mobile home, or other similar dwelling." (Ord. 2017-11-1498 § 3 (part))

A. Prohibition. Marijuana cultivation is prohibited in all zones of the city. No person shall engage in the cultivation of marijuana in the city for any purpose. B. Limited exemption. The general prohibition on marijuana cultivation in above subsection A. does not apply to the indoor cultivation of marijuana at a private residence conducted both pursuant to a valid permit as provided for in this chapter, as well as with complete adherence to the following regulations: 1. Six plants. Cultivation is limited to no more than six living marijuana plants per private residence at any one time. 2. Indoor cultivation only. Cultivation shall occur entirely within a private residence or within an accessory structure to a private residence located upon the grounds of a private residence that is fully enclosed and secure. 3. Locked space. Marijuana plants and any marijuana produced by the plants in excess of 28.5 grams shall be kept within a locked space located either within the private residence or upon the grounds of the private residence. 4. Visibility. Marijuana plants and any marijuana produced by the plants in excess of 28.5 grams shall not be visible from any neighboring property or public right-of-way, or in any manner be visible by normal unaided vision from a public place. 5. Odor. a. The odor resulting from all marijuana cultivation shall not be detectable by human senses from any neighboring property or public right-of-way. b. As necessary (which final determination shall be made by the director), to ensure that no odor resulting from marijuana cultivation shall be detectable by human senses from any neighboring property or public right-of-way, a marijuana cultivation site shall install and continuously operate a functioning ventilation and filtration system which complies with all applicable building code regulations, including obtaining all required permits and approvals. 6. Nuisance activity. Cultivation shall not result in a nuisance or adversely affect the health, welfare, or safety of the resident or nearby residents by creating dust, glare, heat, noise, noxious gases, odors, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials, processes, products or waste. 7. Fire extinguisher. A working portable fire extinguisher, which complies with the regulations and standards adopted by the state fire marshal and applicable law, shall be kept in the same room as the marijuana cultivation. 8. Electricity. a. 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 residence where the marijuana is being cultivated. b. The maximum rating shall be as established in the manufacturer specifications for the approved electrical panel. 9. Lighting. Any lighting fixture or combination of lighting fixtures used for marijuana cultivation shall: a. Not exceed the rated wattage and capacity of the circuit breaker; and b. Shall be shielded so as to completely confine light and glare to the interior of the private residence or fully enclosed accessory structure. 10. Private residence. Any private residence used for cultivation shall: a. Include a fully functional and usable kitchen, as well as bathroom and bedroom areas, for use by the permit holder; and b. Shall not be used primarily or exclusively for marijuana cultivation. 11. Garage. Cultivation shall not displace required parking in a garage. 12. Additional regulations. Further rules, regulations, procedures, and standards for the administration and implementation of this chapter may be adopted from time to time either by resolution or ordinance from the city council, or by the director (upon authorization by resolution of the city council). (Ord. 2017-11-1498 § 3 (part))

A. Permit application. An applicant shall submit an application to the director, in a form provided by the city, and the application shall contain the following information: 1. The address of the property where marijuana cultivation is to occur. 2. The name of the applicant and a statement as to whether the applicant is an owner or tenant of the property where marijuana cultivation is to occur.

3. If the applicant is not the owner of the property, property owner acknowledgment, in a form provided by the city, that the property owner consents to the cultivation of marijuana at the marijuana cultivation site.
   4. Any other information the director deems necessary to efficiently administer applications and permits so as to further the purposes of this chapter. B. Action on applications.
   5. Upon receipt of an application and payment of any application and permit fees, the director shall review the information contained in the application to determine if the application has been properly completed. If the director determines that the applicant has improperly completed the application, the director shall notify applicant.
   6. Upon receipt of a completed application, the director shall review the application, approve or deny the application in accordance with the provisions of this chapter, and so notify the applicant. Notice of a successful application shall include a written copy of regulations applicable to personal marijuana cultivation, including but not limited to those contained in Section 9.50.030 B. C. Permit not transferable. A permit issued pursuant to this chapter is nontransferable and is specific to both the permit holder and the private residence or fully enclosed accessory structure for which it was issued. D. Appeals. Any decision regarding an application for an indoor personal marijuana cultivation permit may be appealed to the city manager, or his or her designee, by an applicant, a permit holder or interested party as follows:
   7. Appellant must file a written appeal with the Signal Hill city clerk within ten calendar days of the decision. The written appeal shall specify the person making the appeal, identify the decision appealed from, state the reasons for the appeal, and include any evidence in support of the appeal.
   8. Notice of the time and place of an appeal hearing shall be provided to the appellant within thirty days of receipt by the Signal Hill city clerk of the written appeal.
   9. The appeal hearing shall be held within sixty days of the filing with the Signal Hill city clerk of the written appeal, unless the sixty-day time limit is waived by the appellant, or unless the city manager continues the appeal hearing date for good cause and upon written notification to the appellant.
   10. The city manager shall review the facts of the matter, written documents submitted for review, the basis for making the decision which is under appeal, and then determine whether the director's decision should be reversed or affirmed. The determination made shall be in writing, shall set forth the reasons for the determination, and shall be final. E. The provisions of Sections 1094.5 and 1094.6 of the Code of Civil Procedure set forth the procedure for judicial review of any final determination. F. Fees. An application fee set by resolution of the city council may be required for formal processing of every application and appeal made under this chapter. The city council is authorized to pass resolutions to recover any and all fees and costs incurred by the administration and implementation of this chapter through an appropriate fee recovery mechanism to be imposed upon indoor marijuana cultivators and their operations. (Ord. 2017-11-1498 § 3 (part))

A. Any violation of this chapter, at the discretion of the city prosecutor, is punishable as a misdemeanor or as an infraction pursuant to Chapter 1.16 (General Penalty) of this code: and, any violation of this chapter is punishable at the discretion of the city, and in compliance with state law, pursuant to Chapter 8.13 (Administrative Citation) of this code. B. Any cultivation of marijuana that is conducted in violation of any provisions of this chapter is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation, in accordance with the procedures set forth in Chapter 8.12 (Nuisances) of this code. C. The remedies described in this section are not exclusive. Pursuit of any one remedy shall not preclude city from availing itself of any or all available administrative, civil, or criminal remedies, at law or equity. (Ord. 2017-11-1498 § 3 (part))