CC 20161101 06 Marijuana OrdinanceRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 11/01/2016
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA DESCRIPTION:
Consideration and possible action to adopt an Urgency Ordinance adding Chapter 9.34
(Personal Marijuana Cultivation) to Title 9 (Public Peace, Morals and Welfare) to the
Rancho Palos Verdes Municipal Code (Planning Case No. ZON2016-00509).
RECOMMENDED COUNCIL ACTION:
(1) Adopt Ordinance No. U ADDING CHAPTER 9.34 (PERSONAL MARIJUANA
CULTIVATION) TO TITLE 9 (PUBLIC PEACE, MORALS AND WELFARE) OF
THE CITY OF RANCHO PALOS VERDES MUNICIPAL CODE, TO PROHIBIT
OUTDOOR PERSONAL CULTIVATION OF MARIJUANA, AND TO ADOPT
REGULATIONS FOR INDOOR PERSONAL CULTIVATION OF MARIJUANA.
(2) Adopt Resolution No. 2016-- amending the City's Fee Schedule to add a
permit fee for Indoor Personal Marijuana Cultivation.
FISCAL IMPACT: The processing of a Personal Marijuana Cultivation Permit will
require staff time to conduct a site inspection and to process the application. At this
time, staff costs incurred will be offset by collecting an existing Site Plan Review fee of
$330 and Building and Safety Site Inspection fee of $350 for each permit.
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Ara Mihranian, Director of Community Development Department`
REVIEWED BY: Gabriella Yap, Deputy City Manager b-
APPROVED BY: Doug Willmore, City Manager yll4 j
ATTACHED SUPPORTING DOCUMENTS:
A. Draft Urgency Ordinance (Page A-1)
BACKGROUND AND DISCUSSION:
The Control, Regulate and Tax Adult Use of Marijuana Act (i.e., Proposition 64) ("AUMA")
will appear on the statewide November 8, 2016 ballot. The AUMA would immediately
legalize the personal use of marijuana, possession of up to one ounce of marijuana, and
cultivation of up to six marijuana plants. The AUMA preempts local control over the use
and possession (up to an ounce) of marijuana, but cities may completely prohibit outdoor
personal cultivation and may also regulate, though not ban, indoor cultivation.
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California cities have reported negative impacts of marijuana cultivation and related
activities, including but not limited to offensive odors, criminal activity, and public health
and safety concerns (such as fire hazards and problems associated with mold, fungus,
and pests). Unregulated indoor cultivation of marijuana can be harmful to the public health
and safety, given electrical modifications risk fires, poor irrigation can cause mold,
overloaded circuits can leave entire neighborhoods in the dark, plant chemicals can cause
illness, improper carbon dioxide mixed with insufficient ventilation can cause injury or
death, and structural changes put first responders in danger if they rush into the unknown.
An urgency ordinance has been prepared for City Council consideration which will
expressly prohibit outdoor personal marijuana cultivation and regulate indoor personal
marijuana cultivation. Note that cities which prohibit cultivation or retail sales of marijuana
are ineligible for certain grants funded by a new AUMA marijuana tax, such grants to be
used for reducing negative health impacts resulting from marijuana legalization. The
urgency ordinance adds new Chapter 9.34 (Personal Marijuana Cultivation) to Title 9
(Public Peace, Morals and Welfare). The urgency ordinance goes into effect immediately
upon a four-fifths (4/5) vote of the City Council on the basis of a need for an "immediate
preservation of the public peace, health and safety." (Government Code § 36937(b).) The
new Chapter 9.34 will only be operative if Proposition 64 passes by the voters on
November 8th and a follow-up ordinance will be brought back after the November 8th
election to replace the urgency ordinance.
The urgency ordinance allows indoor cultivation of marijuana provided a Personal
Marijuana Cultivation Permit ("Permit") is obtained by the Community Development
Department. Cultivators will be limited to six plants within a maximum 50 sq. ft. area, must
reside at the property, and must cultivate only for personal use (or for a qualified patient,
i.e., someone who receives a medical benefit from marijuana use). There are essentially
two steps for the issuance of a Permit:
1) Cultivation application must be submitted to the Community Development
Department with information such as the property address, consent of property
owner, diagram of proposed cultivation operation, and compliance with various
regulations that include odor control, a security system, and no public visibility of
the cultivation operation. Additional regulations govern electrical use, lighting,
humidity, mold and code compliance.
2) If the cultivation application is approved, then both the Building and Safety Division
of the Community Development Department, as well as the Fire Department, will
inspect the cultivation site to determine compliance with health and safety
regulations, including the building, electrical, plumbing and fire codes. If the
cultivation site passes these inspections, a one year Personal Marijuana
Cultivation Permit will be issued, subject to annual renewal.
As stated in the attached urgency ordinance, the Permit will require a fee adopted by
Council resolution. At this time, the fee that will apply for the Permit under the urgency
ordinance will be a Site Plan Review fee of $330 and a Building and Safety Site Inspection
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fee of $350 for a total cost of $680. If Proposition 64 passes, Staff will bring back a
resolution amending the City's Master Fee Schedule to establish a formal Permit fee
along with the ordinance.
CONCLUSION:
If Proposition 64 passes on November 8, 2016, then personal marijuana use, possession
and cultivation will be immediately legal statewide. The City is preempted from regulating
personal use or possession. The City, however, retains authority to prohibit personal
outdoor marijuana cultivation and to regulate indoor personal marijuana cultivation. Staff
recommends that the City Council adopt the proposed urgency ordinance which will
prohibit outdoor cultivation and regulate indoor cultivation.
ALTERNATIVES:
1. Take no action.
2. Continue consideration of the item until after Election Day to determine if
Proposition 64 is approved by the voters.
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ORDINANCE NO. XXX U
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES, CALIFORNIA, ADDING CHAPTER 9.34
(PERSONAL MARIJUANA CULTIVATION) TO TITLE 9 (PUBLIC PEACE,
MORALS AND WELFARE) OF THE CITY OF RANCHO PALOS VERDES
MUNICIPAL CODE, TO PROHIBIT OUTDOOR PERSONAL CULTIVATION
OF MARIJUANA, AND TO ADOPT REGULATIONS FOR INDOOR
PERSONAL CULTIVATION OF MARIJUANA
WHEREAS, the Control, Regulate and Tax Adult Use of Marijuana Act ("AUMA") will
appear on the statewide ballot at the November 8, 2016 general election as Proposition 64; and
WHEREAS, based on recent polling data, the City Council of the City of Rancho Palos Verdes
believes it is likely that the AUMA will receive the required number of votes to become law at the
November 8, 2016, statewide general election; and
WHEREAS, California Constitution Article Il, section 10(a) provides that a statewide initiative
measure which is "approved by a majority of votes thereon takes effect the day after the election unless
the measure provides otherwise"; and
WHEREAS, the AUMA does not provide for a specific effective date, thus the provisions of
the AUMA regarding personal use, possession, and cultivation of marijuana become effective the day
after the November 8, 2016, election if the AUMA receives the required number of votes; and
WHEREAS, the AUMA's proposed Health & Safety Code section 11362.1(a)(3), will make it
lawful under state and local law for any person twenty-one (21) years of age or older to "Possess,
plant, cultivate, harvest, dry, or process not more than six living marijuana plants and possess the
marijuana produced by the plants"; and
WHEREAS, the City wishes to enact regulations governing personal cultivation of marijuana at
this time so that such regulations may become effective prior to the potential enactment of the AUMA,
or as nearly after such enactment as possible; and
WHEREAS, the AUMA's proposed Health & Safety Code section 11362.2(b) explicitly allows
a city to "enact and enforce reasonable regulations to reasonably regulate" the personal cultivation of
marijuana permitted under Health & Safety Code section 11362.1(a)(3), so long as the city does not
prohibit the cultivation of up to six plants "inside 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"; and
WHEREAS, the AUMA's proposed Health & Safety Code section 11362.2(b)(3), explicitly
allows a city to "completely prohibit persons from engaging in [the personal cultivation of marijuana]
outdoors upon the grounds of a private residence"; and
WHEREAS, the AUMA's proposed Health & Safety Code section 11362.2(a)(2) further
restricts such personal marijuana cultivation so that "[t]he living plants and any marijuana produced by
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the plants in excess of 28.5 grams are kept within the person's private residence, or upon the grounds
of that private residence, are in a locked space, and are not visible by normal unaided vision from a
public place"; and
WHEREAS, the AUMA's proposed Health & Safety Code section 11362.2(a)(3) further
restricts such personal marijuana cultivation such that "[n]ot 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"; and
WHEREAS, several California cities have reported negative impacts of marijuana cultivation
and related activities, including but not limited to offensive odors, criminal activity, (such as
trespassing, theft, violent robberies and robbery attempts, and the illegal sale and distribution of
marijuana), and public health and safety concerns (such as fire hazards and problems associated with
mold, fungus, and pests); and
WHEREAS, marijuana plants, as they begin to flower and for a period of two months or more,
produce a strong odor, offensive to many people, and detectable far beyond property boundaries if
grown outdoors or if grown indoors without proper ventilation, odor control, and other regulations; and
WHEREAS, due to the value of marijuana plants and their strong smell (which alerts others to
their locations), marijuana cultivation has been linked to break-ins, robbery, armed robbery, theft and
attendant violence and injury, creating an increased risk to public safety; and
WHEREAS, unregulated marijuana cultivation can be harmful to the welfare of the
surrounding community and its residents and constitute a public nuisance, in that marijuana cultivation
has been shown to involve avoidance of environmental laws and regulations, and has resulted in the
pollution of waters and navigable waterways in the State of California; and
WHEREAS, the indoor cultivation of marijuana has potential adverse effects to the structural
integrity of the buildings in which marijuana is cultivated, and the use of high wattage grow lights and
excessive use of electricity increases the risk of fire, which presents a clear and present danger to the
buildings, its occupants, and neighboring buildings and residents; and
WHEREAS, unregulated indoor cultivation of marijuana can be harmful to the public health,
safety and welfare, given electrical modifications risk fires, poor irrigation can cause mold, overloaded
circuits can leave entire neighborhoods in the dark, plant chemicals can cause illness, improper carbon
dioxide mixed with insufficient ventilation can cause injury or death, and structural changes put first
responders in danger if they rush into the unknown; and
WHEREAS, the Attorney General's August 2008 Guidelines for the Security and Non -
Diversion of Marijuana Grown for Medical Use recognize that the cultivation or other concentration of
marijuana in any location or premises without adequate security increases the risk that nearby homes
or businesses may be negatively impacted by nuisance activity such as loitering and/or crime; and
WHEREAS, outdoor marijuana cultivation and unregulated indoor marijuana cultivation are
likely to generate these negative effects on the public health, safety, and welfare in the City, based on
the experiences of other cities; and
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WHEREAS, pursuant to the above-described express statutory authority and its police power,
the City desires to explicitly prohibit the outdoor cultivation of marijuana for personal use, should the
AUMA become law; and
WHEREAS, pursuant to the above-described express statutory authority and its police power,
the City also desires to enact reasonable regulations for the indoor personal cultivation of up to six
marijuana plants, should the AUMA become law; and
WHEREAS, this Ordinance is also enacted, consistent with the Compassionate Use Act of
1996, the Medical Marijuana Program Act, and the Medical Marijuana Regulation and Safety Act, to
protect the public health, safety, and welfare of Rancho Palos Verdes City residents in relation to the
cultivation of medical marijuana; and
WHEREAS, absent clear regulation, marijuana cultivation in the City poses a potential threat to
the public peace, health, and safety, and, unless the City takes action to regulate it, the secondary
impacts described above are likely to occur very soon after the passage of the AUMA; and
WHEREAS, the urgency of this Ordinance to the immediate preservation of the public peace,
health, and safety is demonstrated by the preceding recitals of fact; and
WHEREAS, the City has a compelling interest in protecting the public health, safety, and
welfare of its citizens, residents, visitors and businesses, and in preserving the peace and quiet of the
neighborhoods within the City by regulating the cultivation of medical marijuana; and
WHEREAS, nothing in this Ordinance shall be construed to: (1) allow any person to engage in
conduct that endangers others or causes a public nuisance; or (2) allow any activity relating to the
cultivation, distribution, or consumption of marijuana that is illegal under state or federal law; and
WHEREAS, Government Code Section 36937 expressly authorizes the City Council to adopt
an urgency ordinance for the immediate preservation of the public peace, health, or safety, if the
ordinance is approved by four-fifths of the City Council. To this end, this Ordinance is adopted for the
immediate preservation of the public peace, health, and safety, given that marijuana cultivation in the
City may give rise to negative impacts as described above, and must be adopted on an urgency basis in
order for the Ordinance to become effective before November 9, 2016.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES, CALIFORNIA DOES HEREBY FIND, DETERMINE, AND ORDAIN AS FOLLOWS:
Section 1: The City Council of the City of Rancho Palos Verdes hereby makes the
following findings:
A. The above recitals are true and correct and incorporated fully herein.
B. The prohibitions on the outdoor personal marijuana cultivation of marijuana and the
regulations on the indoor personal marijuana cultivation are reasonable and necessary for the
preservation and protection of the public health, safety, and welfare of the City and its community.
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Section 2: Chapter 9.34 is added to Title 9 the Rancho Palos Verdes Municipal Code to
read, in its entirety, as follows:
"Chapter 9.34 PERSONAL MARIJUANA CULTIVATION
9.34.010
Intent.
9.34.020
Definitions.
9.34.030
Marijuana cultivation prohibited.
9.34.040
Personal cultivation of marijuana; permit required.
9.34.050
Personal cultivation of marijuana; conditions.
9.34.060
Violation and enforcement; public nuisance declared.
9.34.010 Intent.
A. Applicability. This Chapter shall become effective only if Proposition 64, also known
as the Control, Regulate, and Tax Adult Use of Marijuana Act ("AUMA"), is approved by the voters at
the November 8, 2016 statewide general election. The effective date of this Chapter shall be the same
as the effective date (if any) of the AVMA. If the AUMA is approved by the voters, then personal
cultivation of marijuana shall be controlled and regulated by the provisions of this Chapter, which
expressly affirm a prohibition on the personal outdoor cultivation of marijuana, and impose restrictions
on the personal indoor cultivation of marijuana, including but not limited to, pursuant to Health &
Safety Code section 11362.2.
B. Purpose. The purpose of this Chapter is, if AUMA is approved by the voters, to
regulate the cultivation of marijuana in a manner that protects the health, safety and welfare of the
community consistent with the AVMA. This Chapter is not intended to interfere with a patient's right
to medical marijuana pursuant to state law. This Chapter is not intended to give any person unfettered
legal authority to grow marijuana.
C. AUMA Provisions. Several provisions of state law referred to in this Chapter are
proposed by the Adult Use of Marijuana Act, and will only become effective and codified as state law
if the Adult Use of Marijuana Act is approved by the voters at the November 8, 2016 statewide general
election. These provisions include Business & Professions Code section 26050 and Health & Safety
Code sections 11362.1, 11362.2 and 11362.3.
9.34.020 Definitions.
For purposes of this Chapter, the following words and phrases shall have the following
meanings:
A. "Accessory structure" means a structure or part of a structure not exceeding twelve 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 not considered an
accessory structure.
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B. "Adult Use of Marijuana Act" means the Control, Regulate and Tax Adult Use of
Marijuana Act, also known as Proposition 64, that will be submitted to the voters of the State of
California at the November 8, 2016 statewide general election, and which adds to or amends parts of
California law, including the California Health & Safety Code, Business & Professions Code, Revenue
& Taxation Code, and Food & Agricultural Code.
C. "Applicant" means a person applying for a Personal Marijuana Cultivation Permit
pursuant to this Chapter.
D. "Director" means the City's Community Development Director, or his or her designee.
E. "Fire Department" means the Los Angeles County Fire Department.
F. "Marijuana" has the same definition as provided for in Business & Professions Code
section 19300.5(f) 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 marijuana. `Cannabis' also means
marijuana as defined by Section 11018 of the Health and Safety Code as enacted by Chapter 1407 of
the Statutes of 1972. `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."
G. "Marijuana cultivation" means the growing, planting, harvesting, drying, curing,
grading, trimming, processing or storing of one or more marijuana plants or any part thereof.
H. "Marijuana cultivation site" means the private residence, or fully enclosed accessory
structure to that residence, at which marijuana cultivation is occurring under the provisions of this
Chapter, or the property on which the private residence, or fully enclosed accessory structure to that
residence, at which an applicant for a personal marijuana cultivation permit proposes to conduct
marijuana cultivation.
I. "Permit" means a Personal Marijuana Cultivation Permit described in this Chapter.
J. "Person" includes 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.
K. "Primary caregiver" has the same definition as provided for in Health and Safety Code
section 11362.7(d), and as may be amended, defined in part as "the individual, designated by a
qualified patient or by a person with an identification card, who has consistently assumed
responsibility for the housing, health, or safety of that patient or person."
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L. "Private residence" has the same definition as provided for in Health & Safety Code
section 11362.2(b)(5), and as may amended, defined as "a house, an apartment unit, a mobile home, or
other similar dwelling."
M. "Qualified Patient" has the same definition as provided for in Health and Safety Code
section 11362.7(f), and as may be amended, defined as "a person who is entitled to the protections of
Section 113 62.5, but who does not have an identification card issued pursuant to this article."
9.34.030 Marijuana cultivation prohibited.
A. Marijuana cultivation is not a permitted use and is prohibited in all zones and zoning
districts throughout the City. No permit or any other applicable license or entitlement for use, nor any
business license shall be approved or issued for marijuana cultivation within the City.
B. Marijuana cultivation within the City is declared to be a public nuisance and may be
abated by the City either pursuant to the Rancho Palos Verdes Municipal Code or any other available
remedies, including, but not limited to, criminal actions, and remedies in law and at equity.
C. This section does not apply to the indoor cultivation of six (6) or fewer marijuana plants
inside a private residence, or inside a fully enclosed accessory structure to such a private residence,
occurring cumulatively in an area of no more than fifty (50) square feet for personal use, as authorized
under Health & Safety Code sections 11362.1(a)(3) and 11362.2, and as may be amended, provided
that the provisions of this Chapter are otherwise complied with in their entirety.
9.34.040 Personal cultivation of marijuana; permit required.
A. Permit required. No person, who is otherwise qualified to engage in the cultivation of
marijuana under Health & Safety Code sections 11362.1 and 11362.2, and as may be amended, shall
engage in the cultivation of marijuana, unless that person has a current valid Personal Marijuana
Cultivation Permit from the City, pursuant to this Chapter.
B. Cultivation Application. An applicant shall submit a cultivation application to the
Director, on a form provided by the Director, and proof of payment of the permit fee, in an amount to
be set by resolution of the City Council.
1. The cultivation application submitted by an applicant shall include, but not be
limited to, the following information, affirmed under penalty of perjury by the applicant:
a. The property address of where the marijuana will be cultivated.
b. The name of each person owning, leasing, occupying, or having charge
of any legal parcel or premises where marijuana will be cultivated.
C. The name of each person who participates in the marijuana cultivation.
d. Property owner acknowledgement of cultivation of marijuana at the
subject property, affirmed under penalty of perjury.
2. The cultivation application submitted by an applicant shall include 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 cultivation at the marijuana cultivation site, and an itemized
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list of measures taken to comply with the provisions of this Chapter, including but not limited
to odor control, security, electrical, and building and safety provisions, as well as any
equipment that will be used for marijuana cultivation.
3. Within thirty (30) calendar days of receiving a cultivation application, the
Director either shall accept for processing the cultivation application upon finding that the
cultivation application fully meets the requirements of this Chapter, or shall return the
cultivation application to the applicant with a written description of the reasons for rejecting the
cultivation application, and so notify the applicant by United States mail, first class postage
prepaid, addressed to the applicant at the address stated in the application.
C. Application Process. Within sixty (60) calendar days after deeming the cultivation
application fully meets the requirements of this Chapter, the applicant shall provide to the Director
written proof (as deemed sufficient by the Director), for purposes of verification, of successful
completion and passing of both of the following inspections:
1. That the Building and Safety Division of the Community Development
Department of the City has inspected the marijuana cultivation site and determined that the
private residence or fully enclosed accessory structure, including but not limited to the area
dedicated to marijuana cultivation, is in compliance with the cultivation application, this
Chapter, the building code, the electrical code, the plumbing code, and any other applicable
requirement of Title 15 (Building and Construction) of the Rancho Palos Verdes Municipal
Code or any other relevant provision of the Rancho Palos Verdes Municipal Code concerning
health and safety. This shall include inspection of the equipment, including any artificial
lighting and/or ventilation systems, and other materials the applicant proposes to use for the
marijuana cultivation.
2. That the Fire Department has inspected the marijuana cultivation site, and
determined that the area dedicated to marijuana cultivation, and (as warranted) the private
residence or fully enclosed accessory structure, is in compliance with the fire code and any
other applicable requirement of Chapter 8.08 (Fire Code) of Title 8 (Health and Safety) of the
Rancho Palos Verdes Municipal Code. This shall include inspection of the equipment,
including fire suppression/extinguishing system, any artificial lighting and/or ventilation
systems, and other materials the applicant proposes to use for the marijuana cultivation.
D. Application approval. Upon verification of the information described in subsection C
above, for a cultivation application which fully meets all the requirements of this Chapter, the Director
shall issue a Notice of Decision of a Personal Marijuana Cultivation Permit within sixty (60) calendar
days, upon making the following findings, or shall deny the application if the following findings
cannot be made, and so notify the applicant in writing by United States mail, first class postage
prepaid, addressed to the applicant at the address stated in the application:
1. The applicant meets all the requirements of this Chapter, including but not
limited to those described in Section 9.34.050, as well as any other applicable requirements of
the Rancho Palos Verdes Municipal Code and any regulations promulgated under section
9.34.050(B) of this Chapter.
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2. The applicant for the permit and the marijuana cultivation site are both in
compliance with state law, including but not limited to, Health & Safety Code sections
113 62.1, 11362.2 and 113 62.3, and as they may be amended.
E. Permits not transferable. A Personal Marijuana Cultivation Permit issued pursuant to
this Chapter is non -transferable and are specific to the permit -holder and the private residence or fully
enclosed accessory structure for which they are issued.
F. Permit Renewal. A Personal Marijuana Cultivation Permit issued under this section
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 annually, provided the marijuana cultivation site follows the original
cultivation plan and the permit holder is not engaged in additional or expanded marijuana cultivation,
as affirmed in the renewal form. Renewal applications must be received at least thirty (30) calendar
days prior to the expiration of an existing permit, but not earlier than ninety (90) calendar days prior to
such expiration. Renewal inspections must occur no earlier than sixty (60) calendar days prior to the
submission of the renewal application.
G. Permit revocation. Permits issued under this section may be revoked by the Director
upon making any of the following findings:
1. The permit was issued in error or the cultivation plan form included incorrect
information.
2. The marijuana cultivated at the cultivation site has been sold or used for any
commercial use, or any other use or activity has occurred that is prohibited by Health & Safety
Code sections 113 62.1, 11362.2 and 113 62.3, and as they may be amended.
3. Any violation of the AVMA, and as it may be amended, has occurred at the
marijuana cultivation site.
4. Violation of any of the provisions of this Chapter has occurred at the marijuana
cultivation site.
5. The marijuana cultivation site has become a public nuisance or has been
operated in a manner constituting a public nuisance.
6. The marijuana cultivation is not in compliance with conditions of the Permit.
7. The permit holder has engaged in any activity for which the personal marijuana
cultivation permit could have been denied originally.
H. Appeals. The applicant may appeal the Director's decision on an application for a
Personal Marijuana Cultivation Permit to the Planning Commission and the Planning Commission's
decision to the City Council pursuant to Chapter 17.80 (Hearing Notice and Appeal Procedures) of this
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title. An appeal of a decision on a Personal Marijuana Cultivation Permit is not timely if not filed
within fifteen (15) days of the date of the notice of the Director's or Planning Commission's decision.
No Personal Marijuana Cultivation Permit shall be effective until the appeal period has been
exhausted.
9.34.050 Personal cultivation of marijuana; conditions.
A. Conditions.
1. Visibility. All marijuana cultivation authorized by this section shall be
conducted inside a private residence or inside a fully enclosed accessory structure and shall not
occur in an area visible from any neighboring property, any public right of way, or public view.
No exterior evidence of marijuana cultivation occurring at the property shall be visible from
public view. A fully enclosed accessory structure shall be located within a securely fenced in
rear yard of the private residence.
2. Odor. The odor resulting from all marijuana cultivation shall not be detectable
by unaided human senses from any neighboring property or any public right of way. A
marijuana cultivation site must have a ventilation and filtration system installed that shall
prevent marijuana plant odors from exiting the interior of the structure and that shall comply
with all applicable building code regulations, including obtaining all required permits and
approvals. The ventilation and filtration system must be approved by the city and installed prior
to commencing cultivation at the marijuana cultivation site.
3. Locks and alarm. Any private residence or fully enclosed accessory structure
utilized for marijuana cultivation pursuant to this Chapter shall be secured with locks to prevent
unauthorized entry and/or theft, remain secure at all times, and have a working security system
which consists of a standard audible residential alarm in compliance with Chapter 9.04 (Burglar
Alarms) of this Code.
4. Fire Extinguisher. A fully charged portable fire extinguisher, which complies
with the regulations and standards adopted by the state fire marshal and applicable law, shall be
kept in the fully enclosed and secure structure used for cultivation of marijuana. If cultivation
occurs in a residential structure, the portable fire extinguisher shall be kept in the cultivation
room.
5. Six Plants. Cultivation at a single private residence (which includes fully
enclosed accessory structures on the grounds of that private residence) is limited to up to six
living plants.
6. Residence. The person or primary caregiver cultivating the marijuana shall
reside full-time on the premises where the marijuana cultivation occurs.
7. Personal Use. Marijuana plants shall be cultivated by a person or primary
caregiver exclusively for personal use only and shall not be donated, sold, distributed,
transported, or given to any other person or entity, with the exception that a primary caregiver
may cultivate for a qualified patient.
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8. Electricity Use. 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 primary legal residence at the marijuana cultivation site. The maximum rating shall be
as established in the manufacturer specifications for the approved electrical panel. Gas products
(including, without limitation, CO2, butane, propane, and natural gas) or generators shall not be
used for the cultivation of marijuana.
9. Lighting. Any lighting fixture used for marijuana cultivation shall not exceed the
rated wattage and capacity of the circuit breaker and shall be shielded so as to completely
confine light and glare to the interior of the private residence or fully -enclosed accessory
structure.
10. Humidity and mold. Marijuana cultivation shall not create a humidity or mold
issue 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, including but
not limited to the property maintenance standards of the Rancho Palos Verdes Municipal Code.
11. Code compliance. The private residence or fully enclosed accessory structure
used for marijuana cultivation shall at all times be in full compliance with the City building
code, electrical code, mechanical code, plumbing code, fire code, and any other requirement
found in Title 15, Chapter 8.08 of Title 8, or any other applicable building, health, or safety
standard in the Rancho Palos Verdes Municipal Code.
12. Area. Marijuana cultivation occurring within a private residence or fully -
enclosed accessory structure shall be in a cumulative area totaling no larger than fifty (50)
square feet.
13. Residential Structure. The residential structure shall remain at all times a
residence, with legal and functioning cooking, sleeping, and sanitation facilities with code -
compliant ingress and egress. These rooms shall not be used for marijuana cultivation where
such cultivation will prevent their primary use for cooking of meals, sleeping, and bathing.
14. Accessory Structure. A fully -enclosed accessory structure, as defined herein,
used for the cultivation of marijuana shall be located in a fully fenced and secured rear yard of
the residence, and shall maintain the minimum rear and side yard setbacks required for the
residential lot pursuant to Table 02-A of Section 17.02 of the Rancho Palos Verdes Municipal
Code for which the residential structure sits. An accessory structure operating as a marijuana
cultivation site shall at all times be fully enclosed so that none of the interior area is visible
from any neighboring property, any public right of way, or public view.
B. The City Council may, by resolution, adopt both additional conditions to further the
purposes of this section, as well as additional regulations to further the purposes of this Chapter. The
City Council may also delegate, by resolution, authority to adopt such conditions or regulations to the
City Manager or his or her designee.
9.34.060 Violation and enforcement; public nuisance declared.
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A. A violation of this Chapter or noncompliance with any of the requirements of this
Chapter shall be subject to any criminal or civil enforcement remedies available under the law and the
Rancho Palos Verdes Municipal Code. In addition, the City may prosecute a violation of this Chapter
by means of civil enforcement through a restraining order, a preliminary or permanent injunction, or
by any other means authorized by law or equity. Notwithstanding any other provision of this code, no
conduct which is protected from criminal liability pursuant to state law shall be made criminal by this
Chapter.
B. Any violation of the provisions of this Chapter is declared to be a public nuisance and
may be abated by the City either pursuant to the Rancho Palos Verdes Municipal Code, including but
not limited to procedures provided for in Chapter 8.24 (Property Maintenance) or any other available
remedies at law or equity.
C. At the discretion of the City Prosecutor, any violation of Section 9.34.30, 9.34.40 or
9.34.50 of this Chapter is punishable as an infraction pursuant to Section 1.08.010(B) of this code, or
punishable as a misdemeanor pursuant to Section 1.08.010(A) of this code."
Section 3: Section 2 of this ordinance shall become effective only if the Control, Regulate
and Tax Adult Use of Marijuana Act, also known as Proposition 64 or the Adult Use of Marijuana Act
is approved by the voters at the November 8, 2016 statewide general election. The effective date of
Section 2 of this Ordinance shall be the same as the effective date of the Adult Use of Marijuana Act.
Section 4: This ordinance is exempt from the California Environmental Quality Act
("CEQA") under Section 15061(b)(3) of the CEQA Guidelines, which provides that CEQA only
applies to projects that have the potential for causing a significant effect on the environment. Where, as
here, it can be seen with certainty that there is no possibility that the activity in question may have a
significant effect on the environment, the activity is not subject to CEQA. The amendments to the
Rancho Palos Verdes Municipal Code would only require that any personal cultivation of marijuana in
the City occur indoors, and would not cause a significant effect on the environment.
Section 5: If any section, subsection, sentence, clause, or phrase of this ordinance is for any
reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction,
such decision shall not affect the validity of the remaining portions of this ordinance. The City Council
hereby declares that it would have passed this ordinance, and each and every section, subsection,
sentence, clause and phrase thereof not declared invalid or unconstitutional without regard to whether
any portion of the ordinance would be subsequently declared invalid or unconstitutional.
Section 6: The City Clerk shall certify to the passage and adoption of this ordinance, and
shall make a minute of the passage and adoption thereof in the records of and the proceedings of the
City Council at which the same is passed and adopted. This Ordinance shall take effect immediately,
pursuant to the authority conferred upon the City Council by Government Code section 36937. The
City Clerk shall cause a summary of this ordinance to be published in accordance with Government
Code section 36933 in a newspaper of general circulation which is hereby designated for that purpose.
Section 7: This Urgency Ordinance shall go into effect and be in full force and effect
immediately upon its adoption by a four-fifths (4/5) vote of the City Council.
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PASSED, APPROVED, AND ADOPTED this 1 st day of November, 2016.
Mayor
ATTEST:
City Clerk
State of California )
County of Los Angeles ) SS
City of Rancho Palos Verdes )
I, Teri Takaoka, Acting City Clerk of the City of Rancho Palos Verdes, California, do hereby
certify that the foregoing Ordinance No. U was duly introduced at a regular
meeting of the City Council held on the day of , 2016, and was duly approved and
adopted at a regular meeting of said Council held on the day of , 2016, by the
following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
01203.0001/321015.1
City Clerk
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