The city council adopts this chapter based on the following:
A. Purpose. The purpose and intent of this chapter is to regulate
the cultivation of marijuana in a manner that protects the health,
safety and welfare of the community. This chapter is not intended
to interfere with a person’s right to marijuana, as provided
for under State law, as may be amended, nor does it criminalize marijuana
possession or cultivation by specifically defined classifications
of persons, pursuant to State law. This chapter is not intended to
give any person independent legal authority to grow marijuana; it
is intended simply to impose zoning restrictions on the cultivation
of marijuana when it is authorized by California State law.
B. Applicability. No part of this chapter shall be deemed to
conflict with Federal law as contained in the Controlled Substances
Act, nor to otherwise permit any activity that is prohibited under
that Act or any other local, State or Federal law, statute, rule or
regulation. The cultivation of marijuana in the City of Roseville
is controlled by the provisions of this chapter of the municipal code,
State law, and Federal law.
(Ord. 5662 § 4, 2016; Ord. 5862 § 5, 2017)
For the purposes of this chapter, the words and phrases shall
have the same meanings respectively ascribed to them by this section:
“Authorized grower”
means a person with an identification card, primary caregiver,
qualified patient, or a person who is authorized by Federal or State
law to cultivate marijuana for personal use in compliance with local,
State, or Federal laws authorizing such marijuana cultivation.
“Accessory structure”
shall mean a fully enclosed and secured structure detached from a private residence on the same parcel and incidental to that private residence. It is the intent of this section to ensure that all accessory structures comply with Section
19.22.030 of this code.
“Cannabis,” “marijuana,” “medical
cannabis,” and/or “medical marijuana”
shall be used interchangeably and means all parts of the
plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis,
whether for medical or non-medical purposes, including marijuana as
defined by California
Health and Safety Code Section 11018, as may
be amended. This section does not mean “industrial hemp”
as defined by California
Food and Agricultural Code Section 81000,
as may be amended, or California
Health and Safety Code Section 11018.5,
as may be amended.
“Cultivation” or “cultivate”
means any activity involving the planting, growing, harvesting,
drying, curing, grading, or trimming of marijuana plants.
“Enforcement officer”
means the chief of police, City of Roseville code enforcement
officer, or any designee of either of them.
“Fully enclosed and secure structure”
means a space within a parcel that complies with the California
Building Standards Code, as adopted in the City of Roseville, or if
exempt from the permit requirements of the California Building Standards
Code, that has a complete roof enclosure supported by connecting walls
extending from the ground to the 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 through one
or more lockable doors. Walls and roofs must be constructed of solid
materials that cannot be easily penetrated or breached, 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 gauge, or similar products, do not satisfy this requirement. If
indoor grow lights or air filtration systems are used, they must comply
with the California Building, Electrical, and Fire Codes as adopted
in the City of Roseville.
“Immature marijuana plant”
means a marijuana plant, whether male or female, that has
not yet flowered and which does not yet have buds that are readily
observed by unaided visual examination.
“Indoors”
means within a fully enclosed and secure structure as that
structure is defined in subsection F.
“Mature marijuana plant”
means a marijuana plant, whether male or female, that has
flowered and which has buds that are readily observed by unaided visual
examination.
“Medical purpose”
shall mean cultivation of marijuana by a primary caregiver,
qualified patient, and/or person with an identification card for personal
medical purposes, as provided by California
Health and Safety Code
Section 11362.7 et seq.
“Non-medical purpose”
shall mean cultivation of marijuana by a person other than
a primary caregiver, qualified patient, and/or person with an identification
card, who is otherwise authorized under local, State, or Federal laws
to cultivate marijuana, for personal non-medical use.
“Outdoor”
means any location within the City of Roseville that is not
within a fully enclosed and secure structure.
“Parcel”
means property assigned a separate parcel number by the Placer
County assessor.
“Person”
means any individual, partnership, co-partnership, firm,
association, joint stock company, corporation, limited liability company
or combination of the above in whatever form or character.
“Person with an identification card”
shall have the same definition as California Health and Safety
Code Section 11362.7 et seq., as may be amended, and as may be amended
by California Department of Public Health’s “Medical Marijuana
Program.”
“Primary caregiver”
shall have the same definition as in California Health and
Safety Code Section 11362.7 et seq., as may be amended.
“Private residence”
means a house, apartment unit, mobile home, or other similar
dwelling unit.
“Public place”
shall mean any place or area open to the public, including,
but not limited to, public streets, sidewalks, rights-of-way, parks,
public parking facilities, any public transit services, and/or property
or programs owned or operated by the City.
“Qualified patient”
shall have the same definition as in California Health and
Safety Code Section 11362.7 et seq., as may be amended.
(Ord. 5662 § 4, 2016; Ord. 5862 § 6, 2017)
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 parcel, property, and/or private
residence, within any zoning district in the City of Roseville to
cause or allow such parcel, property, and/or private residence to
be used for the outdoor cultivation of marijuana plants.
(Ord. 5662 § 4, 2016; Ord. 5862 § 7, 2017)
A. When
authorized by State law, an authorized grower shall be allowed to
cultivate marijuana indoors in a private residence or accessory structure
in residential zones, subject to the following regulations:
1. The
private residence or accessory structure does not exceed the maximum
allowed cultivation. For purposes of this section the “maximum
allowed cultivation” shall be:
a. No more than six marijuana plants per private residence or accessory
structure, regardless of whether they are mature marijuana plants
or immature marijuana plants, when the marijuana cultivation is for
a non-medical purpose; or
b. No more than 50 square feet and 10 feet in height per private residence
or accessory structure, when the marijuana cultivation area is for
a medical purpose.
2. Marijuana
cultivation lighting shall not exceed 1,200 watts total.
3. The
use of gas products (CO2, butane, etc.), including, but not limited
to, “volatile solvents” as defined by California Health
and Safety Code Section 11362.3, for marijuana cultivation or processing
is prohibited.
4. From
a public right-of-way, there shall be no exterior evidence of marijuana
cultivation either within or outside the private residence or accessory
structure.
5. The
authorized grower shall not participate in marijuana cultivation in
any other location within the City of Roseville.
6. The
private residence shall maintain kitchen, bathrooms, and primary bedrooms
for their intended use and not be primarily or exclusively for marijuana
cultivation.
8. The
building official for the City of Roseville may require additional
specific standards to meet the
California Building Standards Code
and Fire Code, including, but not limited to, installation of fire
suppression sprinklers.
9. The
marijuana cultivation area shall not adversely affect the health or
safety of the occupants of other property by creating dust, glare,
heat, noise, noxious gases, odor, smoke, traffic, vibration, or other
impacts, and shall not be maintained so as to constitute a hazard
due to use or storage of materials, processes, products or wastes.
B. Any proposed marijuana cultivation by an authorized grower for a medical purpose that does not meet the grow area standard of subsection
(A)(1) shall require the prior written determination of the City Manager for the City of Roseville, or designee, of the need for additional cultivation area.
1. Documentation,
such as a physician’s recommendation or verification of more
than one authorized grower living in the residence, shall be submitted
with the request showing why the cultivation area standard is not
feasible.
2. The
request for determination shall include written permission from the
record property owner and no determination and authorization for additional
area of marijuana cultivation shall issue without the written permission
of the record property owner.
3. An
approved marijuana cultivation area that exceeds 50 square feet shall
conform to the following standards:
a. It shall be in compliance with subsections
(A)(1) through (10).
b. The marijuana cultivation area shall not exceed an additional 49
square feet for a total of 99 square feet per residence and shall
not exceed 10 feet in height per residence.
4. Any
written determination of the need for additional cultivation area
shall be issued for a period not exceeding one year, but may be renewed
upon review of a subsequent submittal of the required documentation.
(Ord. 5662 § 4, 2016; Ord. 5862 § 8, 2017)
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 parcel, property, and/or private
residence, within the City of Roseville to cause or allow such parcel,
property, and/or private residence to be used for the cultivation
of marijuana, unless the person is authorized by State law to grow
marijuana, and such authorized grower is complying with all requirements
of this chapter.
(Ord. 5662 § 4, 2016; Ord. 5862 § 9, 2017)
It is hereby declared to be unlawful and a public nuisance for
any person to create a public nuisance in the course of cultivating
and/or using marijuana or marijuana products in any location, indoor
or outdoor. A public nuisance may be deemed to exist, if such activity
produces:
A. Odors
which are disturbing to people of normal sensitivity residing or present
on adjacent or nearby property or areas open to the public.
B. Repeated
responses to the parcel, property, and/or private residence, from
law enforcement officers.
C. A repeated
disruption to the free passage of persons or vehicles in the immediate
neighborhood, excessive noise which is disturbing to people of normal
sensitivity on adjacent or nearby property or areas open to the public.
D. Any
other impacts on the neighborhood or public generally which are disruptive
of normal activity in the area, including, but not limited to, smoking
or ingesting marijuana or marijuana products in any public place,
smoking marijuana or marijuana products in a location where smoking
tobacco is prohibited, or any other prohibited activities outlined
in California
Health and Safety Code Section 11362.3, as may be amended
from time to time.
(Ord. 5662 § 4, 2016; Ord. 5862 § 10, 2017)
Cultivation of marijuana on any parcel, property, and/or private residence, within the City that does not comply with this chapter constitutes a violation of this zoning ordinance and is subject to the penalties and enforcement as provided in Section
19.63.080 of this chapter and Chapter
19.90 of this title.
(Ord. 5662 § 4, 2016; Ord. 5862 § 11, 2017)
The remedies and penalties provided herein are cumulative, alternative
and nonexclusive. The use of one does not prevent the use of any other
criminal, civil, or administrative remedy or penalty authorized by,
or set forth in, the Roseville Municipal Code. None of the penalties
or remedies authorized by, or set forth in, the Roseville Municipal
Code shall prevent the City from using any other penalty or remedy
under State statute which may be available to enforce this chapter
or to abate a public nuisance.
(Ord. 5662 § 4, 2016)
The provisions of this chapter are hereby declared to be severable.
If any section, sentence, clause, phrase, word, portion or provision
of the ordinance codified in this chapter is held invalid, or unconstitutional,
or unenforceable, by any court of competent jurisdiction, such holding
shall not affect, impair, or invalidate any other section, sentence,
clause, phrase, word, portion, or provision of said ordinance which
can be given effect without the invalid portion. In adopting said
ordinance, the City Council affirmatively declares that it would have
approved and adopted said ordinance even without any portion which
may be held invalid or unenforceable.
(Ord. 5662 § 4, 2016)