Chapter 18.66
CANNABIS PROHIBITION AND PERSONAL CULTIVATION REGULATIONS/PERMITTING
Sections:
18.66.040 Personal cultivation – Regulations and permit.
18.66.060 Violation – Misdemeanor.
18.66.010 Purpose.
A. The purpose of this chapter is to expressly prohibit the establishment of commercial cannabis uses in the city relating to medical cannabis and adult use cannabis as well as to impose reasonable regulations on personal cultivation in private residences and accessory structures and impose a permitting scheme.
B. The city council finds that the prohibition on commercial cannabis activity is necessary for the preservation of 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. (Ord. 1781 § 2 (part), 2017)
18.66.020 Definitions.
A. “Authorized grower” shall mean a person twenty-one years and older who is authorized by, and in compliance with, state law and the provisions of this chapter relating to the cultivation of cannabis for personal use.
B. “Cannabis” means 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, and any product containing cannabis. “Cannabis” includes cannabis that is used for medical, nonmedical, or other purposes. “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. “Cannabis” also does not include industrial hemp, as defined in California Health and Safety Code Section 11018.5.
C. “Commercial cannabis activity” means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, packaging, transportation, delivery or sale of cannabis and cannabis products for nonmedical, 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 California Business and Professions Code or any other provision of state law that regulates the licensing of cannabis businesses.
D. “Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
E. “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.
F. “Fully enclosed and secure structure” means a space within a building that complies with the California Building Code (“CBC”) as adopted by the city of Gardena, or if exempt from the permit requirements of the CBC, a structure that has a complete roof, a foundation, slab or equivalent base to which the floor is secured by bolts or similar attachments, is secure against unauthorized entry, and is accessible only through one or more lockable doors. Walls and roofs must be constructed of solid materials that cannot be easily broken through such as two-inch by four-inch nominal or thicker studs overlaid with three-eighths-inch or thicker plywood or the equivalent. Plastic sheeting, regardless of the mil or inches, or similar products do not satisfy this requirement. If skylights are used, security bars shall be added to the skylights. The structure must provide complete visual screening.
G. “Indoors” means within a fully enclosed and secure structure.
H. “MAUCRSA” means the Medicinal and Adult-Use Cannabis Regulation and Safety Act, as codified in Division 10 of the California Business and Professions Code (Section 26000 et seq.) as the same may be amended from time to time.
I. “Outdoors” means any location that is not within a fully enclosed and secure structure.
J. “Person” means any person, firm, corporation, partnership, joint venture, limited liability company, collective, cooperative, nonprofit, trust, estate, association, club, receiver, syndicate, society, or other organization. The term “person” shall include any owner, manager, proprietor, employee, volunteer or salesperson.
K. “Private residence” means a house, apartment unit, condominium, mobile home, or other similar dwelling that is lawfully used as a residence. (Ord. 1781 § 2 (part), 2017)
18.66.030 Prohibition.
A. Commercial cannabis activities, whether or not for profit, are expressly prohibited in all zones in the city of Gardena, including all specific plan areas and overlay zones. No person shall establish, operate, conduct, allow or engage in a commercial cannabis activity anywhere within the city. This prohibition includes any type of business enterprise where cannabis is complimentarily provided as part of any other non-cannabis-related business activity.
B. A property owner shall not rent, lease, or otherwise permit any person or business that engages in commercial cannabis activity to occupy real property in the city. A property owner shall not allow any person or business to establish, operate, maintain, conduct, or engage in commercial cannabis activity on any real property owned or controlled by that property owner that is located in the city.
C. To the extent not already covered by subsection A of this section, all deliveries of cannabis are expressly prohibited within the city of Gardena. No person shall conduct any deliveries that either originate or terminate within the city, but the city shall not prohibit the use of city streets where the delivery does not originate or end within the jurisdictional limits of the city.
D. This section is meant to prohibit all activities for which a state license is required pursuant to the MAUCRSA. Accordingly, the city shall not issue any permit, license or other entitlement for any activity for which a state license is required under the AUMA, including any local license to a non-profit entity pursuant to California Business and Professions Code Section 26070.5.
E. Except as provided in Section 18.66.040, all cultivation of cannabis is expressly prohibited in all zones in the city of Gardena. (Ord. 1781 § 2 (part), 2017)
18.66.040 Personal cultivation – Regulations and permit.
A. An authorized grower shall be allowed to cultivate marijuana for personal use only within a private residence or a fully enclosed and secure accessory structure to a private residence, subject to the following regulations in addition to any regulations of state law:
1. The marijuana cultivation area shall be contained within one single room that shall not exceed one hundred fifty square feet.
2. The room must be securely locked and accessible only to individuals residing in the residence who are twenty-one years of age or older.
3. The marijuana plants shall not come within twelve inches of the ceiling or any cultivation lighting.
4. Marijuana cultivation lighting shall not exceed one thousand two hundred watts in total for the total cultivation area within the residence.
5. The use of gas products such as but not limited to CO2, butane, methane, or any other flammable or nonflammable gas for marijuana cultivation or processing is prohibited.
6. There shall be no exterior visibility or evidence of marijuana cultivation outside the private residence or accessory structure from the public right-of-way or any adjoining property, including but not limited to:
a. Visual observation of any marijuana plants;
b. Any form of signage indicating that marijuana plants were being grown inside the residence or accessory structure;
c. Visual observation of any equipment used in the growing and cultivation operation;
d. Unusual odors, smells, fragrances, or other olfactory stimulus;
e. Any light emanating from cultivation lighting.
7. The authorized grower shall reside full-time in the residence where the marijuana cultivation occurs.
8. The authorized grower shall not participate in marijuana cultivation in any other location within the city.
9. The residence shall include fully functional and usable kitchen, bathroom, and bedroom areas for their intended use by the resident authorized grower, and the premises shall not be used primarily or exclusively for marijuana cultivation.
10. The marijuana cultivation area shall be in compliance with the provisions of the applicable building and construction codes as set forth in Title 15. The building official may impose additional conditions to meet such codes if necessary, including but not limited to installation of fire suppression sprinklers and ventilation and filtration systems that prevent plant odors from exiting the interior of the structure.
11. The marijuana cultivation area 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 gasses, odors, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials, processes, products or wastes.
12. Cultivation shall be limited to six marijuana plants, mature or immature, per private residence or a fully enclosed and secure structure. The limit of six plants per private residence shall apply regardless of how many individuals reside at the private residence.
13. The marijuana plants and any marijuana in excess of twenty-eight and one-half grams produced by plants must be kept in a locked space on the grounds of the private residence or accessory structure which space is not visible from the public right-of-way by normal unaided vision.
B. No person shall cultivate marijuana in any private residence unless and until such person first secures a permit from the general services department and pays such fee as may be required and set forth by resolution of the city council.
C. The permit application shall be in a form approved by the city and shall, at a minimum, include:
1. The person’s name and date of birth as verified by a valid driver’s license, state-issued identification card, or passport;
2. A site-plan of the residence and accessory structure if applicable, which may be hand drawn, indicating where the plants will be located;
3. A description of the method used to secure the plants;
4. An identification of any special lighting or other equipment that will be used to aid in the cultivation of the plants;
5. If the applicant is the owner of the private residence, proof of such ownership; and
6. If the applicant is not the owner of the private residence, a copy of the lease or other rental agreement, along with a signed statement from the owner that the applicant has permission to cultivate plants in accordance with the provisions of AUMA and this chapter.
D. No outdoor cultivation of marijuana plants shall be allowed in the city of Gardena, even for personal use. (This section shall be of no further force or effect and shall be deemed repealed upon a determination by the California Attorney General that nonmedical use of marijuana is lawful in the state of California under federal law.) (Ord. 1781 § 2 (part), 2017)
18.66.050 Violation.
It is hereby declared to be unlawful, a public nuisance and a violation of this chapter for any person owning, leasing, occupying, or having charge or possession of any property within the city to cause or allow such property to be used in a manner which violates this chapter. (Ord. 1781 § 2 (part), 2017)
18.66.060 Violation – Misdemeanor.
Any violation of this chapter shall be punishable as a misdemeanor. (Ord. 1781 § 2 (part), 2017)
18.66.070 Public nuisance.
Any use or condition caused, or permitted to exist, in violation of any provision of this chapter 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. 1781 § 2 (part), 2017)
18.66.080 Civil penalties.
In addition to any other enforcement permitted by this chapter, the city attorney may bring a civil action for injunctive relief or the city may pursue administrative fines and penalties pursuant to Chapter 1.20 against any person or entity that violates this chapter. In any civil action brought pursuant to this chapter, a court of competent jurisdiction may award reasonable attorney’s fees and costs to the prevailing party. (Ord. 1781 § 2 (part), 2017)