Article 0 — Applicability; Prohibitions

The provisions of this chapter shall apply to the uses and conditions hereinafter enumerated. Where this chapter prescribes regulations more restrictive than the zone in which a use or conditional use is permitted, the provisions of this chapter shall apply. (Ord. 2004-884; Ord. 2019-1056 § 3)

• A. Prohibition. All cannabis-related or medical cannabis-related uses, including dispensaries, cultivation, deliveries, and all other commercial cannabis activities for which a State license is required under the MMRSA are prohibited in all zones throughout the City. Accordingly, the City shall not issue any permit, or process any license or other entitlement for any cannabis- or medical cannabis-related use or any other activity for which a State license is required under the MMRSA.

  1. Cannabis-Related Uses. All cannabis-related uses, including, but not limited to, cooperatives, cultivation, deliveries, and dispensaries, are expressly prohibited in all zones and all specific plan areas in the City, regardless of whether the cannabis is used for medicinal purposes or whether such uses qualify as commercial cannabis activities under the MMRSA. No person shall establish, operate, conduct, permit or allow any cannabis-related use anywhere within the City.

  2. Medical Cannabis Uses. All medical cannabis-related uses, including, but not limited to, cooperatives, cultivation, dispensaries, and deliveries, are expressly prohibited in all zones and all specific plan areas in the City, regardless of whether such uses qualify as commercial cannabis activities under the MMRSA. No person shall establish, operate, conduct, permit or allow any medical cannabis-related use anywhere within the City.

  3. Commercial Cannabis Activities. All commercial cannabis activities, including, but not limited to, cooperatives, dispensaries, cultivation, and deliveries, are expressly prohibited in all zones and all specific plan areas in the City. No person shall establish, operate, conduct, permit or allow a commercial cannabis activity anywhere within the City.

  4. Cannabis Deliveries. All deliveries of cannabis and medical cannabis are expressly prohibited in the City. No person shall conduct any deliveries of cannabis or medical cannabis that either originate or terminate at any location within the City.

  5. Cannabis Cultivation. The cultivation of cannabis or medical cannabis, regardless of whether for commercial or non-commercial purposes, and including cultivation by a qualified patient or primary caregiver, is expressly prohibited in all zones and all specific plan areas in the City. No person, including, but not limited to, a qualified patient or primary caregiver, shall cultivate any amount of cannabis or medical cannabis in the City, regardless of whether or not the cannabis or medical cannabis is intended to be used for medical purposes or otherwise qualifies as commercial cannabis activities under the MMRSA.

• B. Public Nuisance. Any use or condition cause, or permitted to exist, in violation of any provision of this section shall be, and is hereby declared to be, a public nuisance and may be summarily abated by the City pursuant to California Code of Civil Procedure Section 731 or any other remedy available at law.

• C. Civil Penalties. In addition to any other enforcement permitted by this section or any other provision of the Yorba Linda Municipal Code, the City Attorney may bring a civil action for injunctive relief and civil penalties against any person who violates any provision of this chapter. In any civil action that is brought pursuant to this chapter, a court of competent jurisdiction may award civil penalties and costs to the prevailing party.

• (Ord. 2013-981 § 6; Ord. 2016-1019 § 5; Ord. 2019-1056 § 3)