The city council finds and declares the following:
A. 
The Control, Regulate and Tax Adult Use of Marijuana Act (the "AUMA"), was approved by the voters of the state of California on November 8, 2016. The AUMA adds Section 11362.1 to the Health and Safety Code, which makes it "lawful under state and local law" for persons twenty-one years of age or older to "possess, process, transport, purchase, obtain, or give away to persons twenty-one years of age or older without any compensation whatsoever" up to twenty-eight and one-half grams of marijuana not in the form of concentrated cannabis or up to eight grams of marijuana in the form of concentrated cannabis. The provisions of the AUMA related to the possession, use, and cultivation of marijuana became effective on November 9, 2016.
B. 
To regulate the commercial use of non-medical marijuana, the AUMA adds Division 10 (Marijuana) to the Business and Professions Code, Sections 26000 et seq., which grants state agencies the authority to create, issue, renew, discipline, suspend, or revoke licenses for marijuana businesses. The AUMA provides that the state shall begin issuing licenses to marijuana businesses under Division 10 of the Business and Professions Code by January 1, 2018.
C. 
Business and Professions Code Section 26055(e) provides that a state licensing authority shall not approve an application for a state license for commercial non-medical marijuana activity, if approval of the state license will violate the provisions of any local ordinance.
D. 
The AUMA permits cities to: (1) adopt and enforce local ordinances to regulate non-medical marijuana businesses, including, but not limited to, local zoning and land use requirements, business license requirements, and requirements related to reducing exposure to secondhand smoke; or (2) completely prohibit the establishment or operation of marijuana businesses within its jurisdiction.
E. 
The AUMA allows for the planting, cultivation, harvesting, drying and processing ("cultivation activities") of up to six marijuana plants in, or upon the grounds of, a private residence, as well as the possession of any marijuana produced by the plants. The AUMA authorizes a city to enact and enforce an ordinance that reasonably regulates cultivation activities, and to completely prohibit cultivation activities outdoors upon the grounds of a private residence unless the California Attorney General determines that non-medical use of marijuana is lawful in the state under federal law.
F. 
On October 9, 2015, Governor Brown signed Assembly Bill No. 243, Assembly Bill No. 266, and Senate Bill 643 into law, which are now collectively known as the Medical Cannabis Regulation and Safety Act (hereinafter "MCRSA"). The MCRSA establishes a state licensing scheme for commercial medical marijuana uses, while protecting local control by requiring that all such businesses must have a local license or permit to operate in addition to a state license. The MCRSA allows a city to completely prohibit commercial medical marijuana activities, including the cultivation of medical marijuana.
G. 
In 1996, the voters of the state of California approved Proposition 215 (codified as California Health and Safety Code Section 11362.5, and entitled "The Compassionate Use Act of 1996" or "CUA"). The intent of Proposition 215 was to enable persons who are in need of marijuana for medical purposes to use it without fear of criminal prosecution under limited, specified circumstances. The proposition further provides that "nothing in this section shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, or to condone the diversion of marijuana for non-medical purposes." The ballot arguments supporting Proposition 215 expressly acknowledged that "Proposition 215 does not allow unlimited quantities of marijuana to be grown anywhere."
H. 
In 2004, the Legislature enacted Senate Bill 420 (codified as California Health and Safety Code sections 11362.7, et seq., and referred to as the "Medical Marijuana Program" or "MMP") to clarify the scope of Proposition 215, and to provide qualified patients and primary caregivers who collectively or cooperatively cultivate marijuana for medical purposes with a limited defense to certain specified state criminal statutes. Assembly Bill 2650 (2010) and Assembly Bill 1300 (2011) amended the Medical Marijuana Program to expressly recognize the authority of counties and cities to "[a]dopt local ordinances that regulate the location, operation, or establishment of a medical marijuana cooperative or collective" and to civilly and criminally enforce such ordinances.
I. 
In City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc. (2013) 56 Cal. 4th 729, the California Supreme Court held that "[n]othing in the CUA or the MMP expressly or impliedly limits the inherent authority of a local jurisdiction, by its own ordinances, to regulate the use of its land..." Additionally, in Maral v. City of Live Oak (2013) 221 Cal. App.4th 975, the Court of Appeal held that "there is no right—and certainly no constitutional right—to cultivate medical marijuana…" The Court in Maral affirmed the ability of a local governmental entity to prohibit the cultivation of marijuana under its land use authority.
J. 
The Federal Controlled Substances Act, 21 U.S.C. Section 801, et seq., classifies marijuana as a Schedule I Drug, which is defined as a drug or other substance that has a high potential for abuse, that has no currently accepted medical use in treatment in the United States, and that has not been accepted as safe for use under medical supervision. The Federal Controlled Substances Act makes it unlawful, under federal law, for any person to cultivate, manufacture, distribute or dispense, or possess with intent to manufacture, distribute or dispense, marijuana. The Federal Controlled Substances Act contains no exemption for the cultivation, manufacture, distribution, dispensation, or possession of marijuana for any purposes.
K. 
Cities in California have reported negative effects of marijuana cultivation, processing and distribution activities, including offensive odors, illegal sales and distribution of marijuana, trespassing, theft, violent robberies and robbery attempts, fire hazards, and problems associated with mold, fungus, and pests. Furthermore, as marijuana plants begin to flower, and for a period of two months or more, the plants produce a strong, unique odor, offensive to many people, and detectable far beyond property boundaries if grown outdoors. This odor can have the effect of encouraging theft by alerting persons to the location of the valuable plants, and creating a risk of burglary, robbery or armed robbery of the plants and creating the potential for violent acts related to such criminal activity.
L. 
Marijuana cultivation in the city can adversely affect the health, safety, and well-being of city residents, visitors and workers. Regulating marijuana cultivation in the city is proper and necessary to avoid the risks of criminal activity, degradation of the natural environment, and malodorous smells that may result from unregulated marijuana cultivation, and that are especially significant if the amount of marijuana cultivated on a single premises is not regulated and substantial amounts of marijuana are thereby allowed to be concentrated in one place.
M. 
The justification for regulating or banning commercial marijuana cultivation pursuant to the city's police power includes, but is not limited to: (1) The increased risk to public health and safety, based on the value of marijuana plants and flowers and the accompanying threat of break-ins, robbery and theft, and attendant violence and injury; (2) the strong "skunk like" malodorous fumes emitted from mature plants which can interfere with the use and enjoyment of neighboring properties by their occupants; and (3) the potential for theft and use by school age children where marijuana is cultivated in a visible location, particularly where such location is close to schools.
N. 
As recognized by the Attorney General's August 2008 Guidelines for the security and non-diversion of marijuana grown for medical use, marijuana cultivation or other concentration of marijuana in any location or premises without adequate security increases the risk that surrounding homes or businesses may be negatively impacted by nuisance activity such as loitering or crime.
(Ord. 16-01 § 1; Ord. 17-02 § 1)
This chapter is adopted pursuant to the authority granted by Article XI, Section 7 of the California Constitution, Health and Safety Code Section 11362.83, Government Code Sections 25845 and 53069.4, the MCRSA, the AUMA, and other applicable law.
(Ord. 16-01 § 1; Ord. 17-02 § 1)
As used in this chapter the following specific terms shall have the following meanings:
"AUMA"
means the Control, Regulate and Tax Adult Use of Marijuana Act approved by the voters on November 8, 2016, as the same may be amended from time to time.
"Child care center"
means any licensed child care center, daycare center, child care home, or any preschool.
"Community center"
means any facility open to the public at which classes, social activities, recreational activities, educational activities, support and public information are offered for all residents of the community.
"Commercial marijuana activity"
means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, delivery, or sale of marijuana and marijuana products, whether or not for profit. "Commercial marijuana activity" also includes the activities of any business licensed by the state or other government entity under Division 8 or 10 of the Business and Professions Code, as they may be amended from time to time.
"Concentrated cannabis"
shall have the same meaning as "cannabis concentrate" as defined in Business and Professions Code Section 19300.5, as the same may be amended from time to time.
"Cultivation"
means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana.
"Delivery"
means the commercial transfer of marijuana or marijuana products to a customer. "Delivery" also means the use by a retailer of any technology platform owned and controlled by the retailer, or independently licensed under California law, that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of marijuana or marijuana products.
"Distribution"
means the procurement, sale, and transport of marijuana and marijuana products between entities licensed under Division 8 or 10 of the Business and Professions Code, as they may be amended from time to time.
"Fully enclosed and secure structure"
means a space within a building, greenhouse or other structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one or more lockable doors and inaccessible to minors. The fully enclosed and secure structure must maintain a minimum ten-foot setback from any property line. Such setback distance shall be measured in a straight line from the fully enclosed and secure structure in which the marijuana plants are cultivated. The ten-foot setback requirement does not apply to cultivation occurring in a garage.
"Marijuana"
means 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. "Marijuana" also means the separated resin, whether crude or purified, obtained from marijuana, and any product containing marijuana. It does not include:
1. 
Industrial hemp, as defined in Section 11018.5 of the California Health and Safety Code; or
2. 
The weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product.
Marijuana also includes "cannabis" as defined in Business and Professions Code Section 19300.5(f), as the same may be amended from time to time.
"Marijuana cultivation"
means the planting, growing, harvesting, drying, processing, or storage of one or more marijuana plants or any part thereof in any location, indoor or outdoor, fixed or mobile, for medical, non-medical or other uses.
"MCRSA"
means the Medical Cannabis Regulation and Safety Act as contained, codified, enacted, and signed into law on October 9, 2015, as Assembly Bill No. 243, Assembly Bill No. 266, and Senate Bill 643, and as amended by Assembly Bill 21 in 2016, as the same may be amended from time to time.
"Person"
means any individual, firm, co-partnership, joint venture, association, collective, cooperative, corporation, limited liability company, non-profit, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.
"Primary caregiver"
shall have the meaning set forth in Health and Safety Code Sections 11362.5 and 11362.7, et seq.
"Private residence"
means a house, an apartment unit, a mobile home, or other similar dwelling that is lawfully used as a residence.
"Qualified patient"
shall have the meaning set forth in Health and Safety Code Sections 11362.5 and 11362.7, et seq.
"School"
means an institution of learning for minors, whether public or private, offering a regular course of instruction required by the California Education Code. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a home school, vocational or professional institution of higher education, including a community or junior college, college, or university.
"Youth-oriented facility"
means any facility that caters to or provides services primarily intended for minors, or the individuals who regularly patronize, congregate or assemble at the establishment are predominantly minors.
(Ord. 16-01 § 1; Ord. 17-02 § 1)
A. 
Commercial marijuana activity for medical, non-medical or other purposes is expressly prohibited everywhere in the city including all zoning districts, specific plan areas, overlay zones and planned development zones. No person shall establish, operate, maintain, conduct or allow commercial marijuana activity for medical, non-medical or other purposes anywhere within the city. No application for a building permit, conditional use permit, business license, or any other entitlement authorizing the establishment, operation, maintenance, development, or construction of any use that allows for commercial marijuana activity for medical, non-medical, or other purposes, shall be approved by the city.
B. 
A property owner shall not rent, lease or otherwise permit any business that engages in commercial marijuana 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 marijuana activity on any real property owned or controlled by that property owner that is located in the city.
C. 
This section shall prohibit all activities for which a state license is required pursuant to the AUMA or the MCRSA. 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 or the MCRSA. The city shall also not issue any local license to a non-profit entity pursuant to Business and Professions Code Section 26070.5.
D. 
Except for deliveries to primary caregivers or qualified patients, as defined in this chapter, all deliveries of marijuana or marijuana products to or from any location in the city are expressly prohibited. Except for deliveries to primary caregivers or qualified patients, as defined in this chapter, no person shall conduct or perform any delivery of any marijuana or marijuana products, which delivery either originates or terminates within the city. This subsection shall not prohibit any person from transporting marijuana or marijuana products on public roads by a person licensed under either Chapter 3.5 of Division 8 or Division 10 of the California Business and Professions Code.
E. 
The prohibition in this section shall not prohibit a person twenty-one years of age or older from: (1) possessing, processing, purchasing, transporting, obtaining or giving away to persons twenty-one years of age or older, without compensation whatsoever, not more than twenty-eight and one-half grams of marijuana not in the form of concentrated cannabis or up to eight grams in the form of concentrated cannabis; (2) smoking or ingesting marijuana or marijuana products; (3) possessing, transporting, purchasing, obtaining, using, manufacturing, or giving away marijuana accessories to persons twenty-one years of age or older without compensation whatsoever, to the extent that such activities are authorized by Health and Safety Code Section 11362.1; or (4) engaging in the indoor cultivation of six or fewer live marijuana plants within a single private residence or inside an accessory structure located upon the grounds of a private residence that is fully enclosed and secured, to the extent such cultivation is authorized by Health and Safety Code Sections 11362.1 and 11362.2.
(Ord. 16-01 § 1; Ord. 17-02 § 1)
A. 
Marijuana cultivation, outdoors, for medical, non-medical or other purposes, is prohibited everywhere in the city including all zoning districts, specific plan areas, overlay zones and planned development zones and is hereby declared to be unlawful and a public nuisance, except as otherwise provided in Section 8.52.060. No person owning, renting, leasing, occupying or having charge or possession of any parcel shall cause or allow such parcel to be used for cultivating marijuana outdoors. The foregoing prohibition shall be imposed regardless of the number of qualified patients or primary caregivers residing at the premises or participating directly or indirectly in the cultivation. Further, this prohibition shall be imposed notwithstanding any assertion that the person or persons cultivating marijuana are the primary caregiver or caregivers for qualified patients or that such person or persons are collectively or cooperatively cultivating marijuana. There is a limited exemption from enforcement of this subsection as set forth in Section 8.52.060.
B. 
Marijuana cultivation, indoors, for medical purposes is prohibited. There is a limited exemption from enforcement of this subsection as set forth in Section 8.52.060.
C. 
Marijuana cultivation, indoors, for non-medical purposes will be allowed consistent with state law. As required by state law, no more than six live marijuana plants may be planted, cultivated, harvested, dried, or processed within a single private residence or inside an accessory structure located upon the grounds of a private residence that is fully enclosed and secured. Any marijuana cultivation for non-medical marijuana purposes that exceeds the limits set forth in this subsection is hereby declared to be unlawful and a public nuisance.
(Ord. 16-01 § 1; Ord. 17-02 § 1)
A. 
The city is committed to making efficient and rational use of its limited investigative and prosecutorial resources. There shall be a limited exemption from enforcement for violations of this chapter by primary caregivers and qualified patients for small amounts of marijuana cultivation for their own medical use in zone classifications identified in Section 17.06.030 on which a single-family detached dwelling exists when all of the following conditions and standards are complied with:
1. 
The premises shall contain a legally permitted single-family detached dwelling.
2. 
Cultivation of no more than twelve marijuana plants per qualified patient. In the event a qualified patient has a primary caregiver cultivating marijuana plants for the qualified patient, only one primary caregiver may cultivate no more than twelve marijuana plants for that qualified patient at any one time. In no circumstances shall a qualified patient have multiple primary caregivers cultivating marijuana plants for the qualified patient at the same time in the city.
3. 
Two qualified patient limit to aggregate marijuana plant count for a maximum total of twenty-four marijuana plants per premises.
4. 
At least one qualified patient or one primary caregiver, acting on behalf of the qualified patient pursuant to subsection (A)(2), must live on the premises.
5. 
All marijuana plants must be reasonably secured to prevent theft and access to the plants by persons under the age of twenty-one, to a standard satisfactory to the enforcement official.
6. 
All marijuana cultivation outside of any building must be fully enclosed by an opaque fence at least six feet in height. The fence must be adequately secured to prevent unauthorized entry. Bushes, hedgerows, plastic sheeting, tarps, or cloth material shall not constitute an adequate fence under this subsection. Premises larger than five acres are exempt from this fencing provision so long as all other standards and conditions of subsection A of this section are complied with and any barriers used are otherwise consistent with this code.
7. 
Each building or outdoor area in which the marijuana plants are cultivated shall be set back at least ten feet from all boundaries of the premises. Such setback distance shall be measured in a straight line from the building in which the marijuana plants are cultivated, or, if the marijuana plants are cultivated in an outdoor area, from the fence required by subsection (A)(6) to the boundary line of the premises.
8. 
The designated marijuana cultivation area must not be visible from any public right-of-way.
9. 
If the person cultivating marijuana plants on any premises is not the owner of the premises, such person shall submit a letter from the owner(s) consenting to the marijuana cultivation on the parcel. An original of this letter shall be submitted to and retained by the community development department. The city shall prescribe forms for such letters.
10. 
Parolees or probationers shall not live on the premises unless the parolees or probationers have received written confirmation from the court that he or she is allowed to use medical marijuana while on parole or probation pursuant to Health and Safety Code Section 11362.795 which shall be subject to verification by the enforcement official.
11. 
Qualified patients for whom the marijuana plants are being cultivated shall have valid medical marijuana identification cards issued by the Riverside County department of public health. Any primary caregiver cultivating marijuana plants for a qualified patient shall have a copy of the qualified patient's valid medical marijuana identification card issued by the Riverside County department of public health which shall be kept on the premises.
12. 
The address for the premises must be posted and plainly visible from the public right-of-way.
13. 
The marijuana cultivation shall not be within a building containing two or more dwelling units.
14. 
The marijuana cultivation shall not be upon any premises located within one thousand feet of any school, community center, or park.
15. 
The marijuana cultivation shall not be upon any premises containing a child care center, church (religious facility), or youth-oriented facility.
B. 
Any marijuana cultivation for medical purposes that does not comply with all of the standards and conditions in subsection A of this section is a public nuisance and shall be subject to penalties and abatement as provided in Title 1 and Chapters 8.12 and 8.52 this code.
(Ord. 16-01 § 1; Ord. 17-02 § 1)
Nothing in this chapter shall be construed as a limitation on the city's authority to abate any nuisance which may otherwise exist from the planting, growing, harvesting, drying, processing or storage of marijuana plants or any part thereof from any location, indoor or outdoor, including from within a fully enclosed and secure building, as long as such abatement is consistent with state law.
(Ord. 16-01 § 1; Ord. 17-02 § 1)
A. 
Violation of any provision of this chapter is a misdemeanor and is subject to enforcement pursuant to the provisions of Title 1 of this code. The provisions of this chapter may be enforced by members of the Riverside County sheriff's department, persons employed by the city whose job descriptions require the person to enforce the provisions of this code, including, but not limited to, code enforcement officers, and such other enforcement officials as described in Section 1.16.020 of this code or its successor sections. No provision of Title 1 or this chapter shall authorize a criminal prosecution or arrest prohibited by Health and Safety Code Section 11362.71 or 11362.1 et seq., as the same may be amended from time to time. In the event of any conflict between the penalties enumerated under Title 1 or this chapter and any penalties set forth in state law, the maximum penalties allowable under state law shall govern.
B. 
Any violation of this chapter shall be, and the same is declared to be, unlawful and a public nuisance, and the city may, in addition to or in lieu of prosecuting a criminal or administrative action hereunder, commence an action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof, in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such commercial marijuana business or marijuana cultivation site and restrain and enjoin any person from operating, conducting or maintaining a commercial marijuana business or marijuana cultivation site in a manner contrary to the provisions of this chapter.
(Ord. 17-02 § 1)