The purpose of this chapter is to reflect the intent of the
city of Sunnyvale to: (1) expressly prohibit outdoor personal and
commercial cultivation, delivery, distribution and other commercial
activity related to medical and recreational marijuana; (2) reasonably
regulate personal indoor cultivation of marijuana consistent with
state law; (3) not administer a conditional permit program for marijuana
cultivation under the Medical Marijuana Regulation and Safety Act
(Health and Safety Code Section 11362.777) or the Adult Use of Marijuana
Act ("AUMA"); (4) exercise its local authority to regulate and enforce
activities related to medical and recreational marijuana, including,
but not limited to, prohibitions on commercial cultivation, processing,
distribution and delivery; and (5) exercise its police power to enact
and enforce regulations to benefit the health, safety and welfare
of the Sunnyvale community.
(Ord. 3077-16 § 1; Ord. 3125-17 § 1)
refers to the Control, Regulate and Tax Adult Use of Marijuana
Act approved by California voters on November 8, 2016.
includes both "commercial cannabis activity" and "commercial
marijuana activity" as set forth in California Business and Professions
Code Sections 19300.5 and 26001(d) as may be amended, and means and
includes cultivation, possession, manufacture, processing, storing,
laboratory testing, labeling, transporting, distribution, or sale
of marijuana or marijuana products. "Commercial marijuana activity"
also includes the activities of any business or nonprofit licensees
by the state or other government entity under Chapter 3.5 of Division
8 or Division 10 of the Business and Professions Code.
has the same meaning as defined in Business and Professions
Code Section 19300.5(g), and includes manufactured cannabis that has
undergone a process to concentrate one or more active cannabinoids,
thereby increasing the product's potency.
means two or more persons collectively or cooperatively cultivating,
using, transporting, possessing, administering, delivering or making
available medical marijuana, with or without compensation.
has the same meaning as defined in Business and Professions
Code Section 26001(e), and includes any activity involving the planting,
growing, harvesting, drying, curing, grading, trimming or processing
of marijuana.
has the same meaning as provided in California Business and
Professions Code Section 26001(h) as may be amended and includes the
commercial transfer of marijuana to a customer. Delivery also includes
the use by a retailer of any technology platform, whether owned or
controlled by the retailer or independently licensed, that enables
customers to arrange for or facilitate the commercial transfer by
a licensed retailer of marijuana or marijuana products.
means the procurement, sale and transport of medical marijuana
or medical marijuana products between entities licensed pursuant to
the Medical Cannabis Regulation and Safety Act or AUMA.
means a space within a building, greenhouse, or other structure
that 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.
means within a fully enclosed and secure structure.
shall have the same definition as set forth in California
Health and Safety Code Section 11018 and shall include all parts of
the plant Cannabis sativa L., whether growing or not; the seeds thereof;
the resin extracted from any part of the plant; and every compound,
manufacture, salt, derivative, mixture, or preparation of the plant,
its seeds, or resin. "Marijuana" shall also include, but is not limited
to, "cannabis" as defined in Business and Professions Code Section
19300.5(f), as may be amended from time to time. Marijuana does not
include industrial hemp, as defined in Food and Agriculture Code Section
81000 or Health and Safety Code Section 11018.5, or the weight of
any other ingredient combined with marijuana to prepare topical or
oral administrations, food, drink, or other product.
means marijuana that has undergone a process whereby the
plant material has been transformed into a concentrate, including,
but not limited to, concentrated cannabis, or an edible or topical
product containing marijuana or concentrated cannabis and other ingredients.
means the Medical Cannabis Regulation and Safety Act (formerly
known as the "MMRSA" or "Medical Marijuana Regulation and Safety Act")
as contained, codified, enacted and signed into law on October 9,
2015 as Assembly Bills 243, 266, and Senate Bill 643, and as amended
by Assembly Bill 21(2016).
shall have the same definition as set forth in Business and
Professions Code Section 19300.5(n), as may be amended from time to
time. For purposes of this chapter, "dispensary" shall also include
a cooperative. "Dispensary" shall not include the following uses,
so long as such uses comply with this code, Health and Safety Code
Section 11362.5 et seq., and other applicable law:
A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code.
A health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code.
A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code.
A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code.
A hospice or a home health agency, licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code.
means any location that is not within a fully enclosed and
secure structure.
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.
means a house, apartment unit, mobile home, or other similar
dwelling.
means any method used to prepare marijuana or its byproducts
for commercial retail and/or wholesale including, but not limited
to, drying, cleaning, curing, packaging, or extracting active ingredients
to create marijuana related products or concentrates, including, but
not limited to, edible or topical products.
(Ord. 2947-10 § 1; Ord. 3077-16 § 1; Ord. 3125-17 § 1)
(a)
Commercial
Marijuana Activity. Commercial cannabis activities of all types are
expressly prohibited in all zones and all specific plan areas in the
city of Sunnyvale. No person shall establish, operate, conduct or
allow a commercial cannabis activity anywhere within the city. This
subsection is meant to prohibit all activities for which a state license
is required pursuant to the AUMA or MCRSA, and the city will not issue
any permit, license, or other entitlement for any activity for which
a state license is required under the AUMA or MCRSA.
(1)
Control of Real Property. A property owner may not allow any person
or business to establish, operate, maintain, conduct or engage in
commercial marijuana activity prohibited by this chapter on any real
property owned or controlled by that property owner that is located
in the city.
(b)
Deliveries. To the extent not already covered by subsection (a) above, all deliveries of marijuana or marijuana products are expressly prohibited within the city of Sunnyvale. No person shall conduct or perform any delivery of marijuana or marijuana products that either originates from or terminates within the city of Sunnyvale.
(c)
Outdoor Cultivation. To the extent not already prohibited by subsection (a), outdoor marijuana cultivation is expressly prohibited in all zones and all specific plan areas of the city. No person, including a qualified patient or primary caregiver, shall cultivate any amount of cannabis out of doors in the city, for any purpose.
(Ord. 2947-10 § 1; Ord. 3077-16 § 1; Ord. 3125-17 § 1)
Indoor cultivation of six or fewer live marijuana plants is
permitted within a single private residence, or upon the grounds of
that residence or inside an accessory structure located on the grounds
of a private residence, to the extent such cultivation is authorized
by state law and is in strict compliance with the following requirements:
(a)
Marijuana
cultivation is permitted only within fully enclosed and secure structures
inaccessible to minors. Cultivation areas must be secured by lock
and key or other security device which prevents unauthorized entry,
and shall not be visible from the exterior of a residence or a public
right-of-way.
(b)
Marijuana
cultivation is limited to six plants total, whether mature or immature,
regardless of how many qualified residents reside on the grounds of
a private residence.
(c)
Marijuana
cultivation, including, but not limited to, any lighting, plumbing,
building, or electrical components used for cultivation, must comply
with current requirements in Title 16 of this code.
(d)
Lighting
used for marijuana cultivation may not exceed one thousand watts per
light, unless certified by a licensed electrical contractor. High
intensity discharge (HID) lighting, including, but not limited to,
mercury-vapor lamps, high-pressure sodium (HPS) lamps, metal-halide
(MH) lamps, ceramic MH lamps, sodium-vapor lamps, high-pressure sodium
vapor lamps, and xenon short-arc lamps are prohibited in cultivation
areas. Use of light-emitting diodes (LEDs), compact fluorescent lamps
(CFLs) or fluorescent lighting is encouraged.
(e)
The
use of gas products including, but not limited to, CO2 and butane, CO2 and ozone generators, or
other flammable solvents for marijuana cultivation or processing is
prohibited.
(f)
Area(s)
where marijuana is cultivated must contain adequate ventilation and
filtration systems to ensure that odors from cultivation activities
are not detectable by a person with a typical sense of smell from
any adjoining lot, parcel, tract, public right-of-way, building unit
or residential unit, and designed to prevent mold and moisture and
otherwise protect the health and safety of persons residing in the
residence.
(g)
Marijuana
cultivation may not be conducted in a manner that constitutes a public
nuisance. A public nuisance may exist if the cultivation produces
light, glare, heat, noise, vibration, odors, smells, or other olfactory
stimulus that is or whose effect is either detrimental to public health,
safety, or welfare or interferes with the reasonable enjoyment of
property.
(h)
The
residential structure shall remain at all times a residence, with
legal and functioning cooking, sleeping, and sanitation facilities
with proper ingress and egress. These rooms may not be used for marijuana
cultivation where cultivation will prevent their primary use for cooking
meals, sleeping, and bathing. Chemicals used for marijuana cultivation
shall not be stored inside habitable areas of the residence or within
public view from neighboring properties or public rights-of-way.
(i)
Cultivation
of marijuana shall not displace required off-street parking or violate
any other provisions of the Sunnyvale Municipal Code. For example,
in the single-family residential (R-1) zone district, the requirement
is to maintain covered parking for two vehicles.
(Ord. 3125-17 § 1)
(b)
Each violation of this chapter and each day of violation of this chapter shall be considered as separate and distinct violations thereof and the imposition of a penalty shall be as set forth in subsection (a) of this section for each and every separate violation and each and every day of violation.
(c)
In
addition to any other enforcement remedies described in this code,
the city attorney may bring a civil action for injunctive relief and
civil penalties pursuant to Chapter 1.20 of this code 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. 2947-10 § 1; Ord. 3077-16 § 1; Ord. 3125-17 § 1)
Any use or condition caused or permitted to exist in violation of any of the provisions of this chapter shall be and is hereby declared a public nuisance and may be abated by the city pursuant to the procedures set forth in Chapter 9.26.
(Ord. 2947-10 § 1; Ord. 3077-16 § 1; Ord. 3125-17 § 1)
If any section, subsection, subdivision, paragraph, sentence,
clause, or phrase in this chapter or any part thereof is for any reason
held to be unconstitutional or invalid or ineffective by any court
of competent jurisdiction, such decision shall not affect the validity
or effectiveness of the remaining portions of this chapter or any
part thereof. The city council hereby declares that it would have
passed each section, subsection, subdivision, paragraph, sentence,
clause, or phrase thereof irrespective of the fact that any one or
more subsections, subdivisions, paragraphs, sentences, clauses, or
phrases be declared unconstitutional, or invalid, or ineffective.
(Ord. 2947-10 § 1; Ord. 3077-16 § 1; Ord. 3125-17 § 1)
