Note: Prior ordinance history: Ord. 2014-01.
The purpose of these regulations is to protect the health, safety,
and welfare of the citizens and visitors of the City of Plymouth by
enacting reasonable zoning regulations that prohibit the use of land
for marijuana dispensaries, other commercial marijuana uses, and outdoor
marijuana cultivation, but allow for limited marijuana cultivation
within a residence or appropriate accessory structure with reasonable
regulations. The purpose and intent of this chapter is to require
that marijuana be cultivated only in appropriately secured, enclosed,
and ventilated residences or structures, so as not to be visible to
the general public, to provide for the health, safety and welfare
of the public, to prevent negative impacts to property values, to
prevent odor created by marijuana plants from impacting adjacent properties,
to prevent crime associated with marijuana, and to ensure that legally
grown marijuana remains secure and does not find its way to minors
or illicit markets. Nothing in this chapter is intended to authorize
the cultivation, possession, or use of marijuana for purposes not
in conformance with State laws and regulations.
(Ord. 2016-01 § 3; Ord. 2017-01 § 2)
For the purposes of this chapter, the following definitions
shall apply, unless the context clearly indicated otherwise:
means the removal of marijuana plants and improvements that
support marijuana cultivation which occupy an area or cubic feet in
excess of the area and cubic feet that is allowed under this chapter
or which exceed the maximum number of plants allowed under this chapter.
means any commercial marijuana activity licensed or not licensed
pursuant to the Medical Cannabis Regulation and Safety Act or the
Control, Regulate and Tax Adult Use of Marijuana Act, including, but
not limited to, commercial cultivation, possession, distribution,
transportation, laboratory testing, labeling, retail, delivery, sale
or manufacturing of marijuana or marijuana products. Commercial marijuana
uses shall not include legal medical cannabis or legal cannabis activities
carried out exclusively for one's personal use that do not involve
commercial activity or sales.
means the planting, growing, harvesting, drying, clipping,
trimming, packaging, or processing of marijuana plants, or any part
thereof.
means: (1) any facility, building, structure, vehicle or
location, whether fixed or mobile, where a primary caregiver makes
available, sells, transmits, gives or otherwise provides medical marijuana
to two or more of the following: a qualified patient or a person with
an identification card, or a primary caregiver, in strict accordance
with California Health and Safety Code Section 11362.5 et seq.; (2)
any facility, building, structure, delivery service, vehicle or location,
whether fixed or mobile, where qualified patients and/or persons with
identification cards and/or primary caregivers meet or congregate
in order to collectively or cooperatively distribute, sell, dispense,
transmit, process, deliver, exchange or give away marijuana for medicinal
purposes pursuant to California Health and Safety Code Section 11362.5
et seq., and such group is organized as a medical marijuana cooperative
or collective as set forth in the Attorney General Guidelines; or
(3) any facility, building, structure, vehicle or location, whether
fixed or mobile, where medical or nonmedical marijuana is made available
for retail sale, including sales made through deliveries. The terms
"primary caregiver," "qualified patient," and "person with an identification
card" shall be as defined in California Health and Safety Code Section
11362.5 et seq.
means a Code-compliant 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.
means within a fully enclosed and secure accessory structure
or within a legal residence or dwelling unit.
means all parts of the plant Cannabis sativa Linnaeus, Cannabis
indica, or Cannabis ruderalis, or any other strain or varietal of
the genus Cannabis that may exist or be discovered or developed that
has psychoactive or medical properties, whether growing or not, including,
but not limited to, 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 marijuana as defined by
California Health and Safety Code Section 11018, and as defined by
California Business and Professions Code Section 19300.5(f), as both
may be amended from time to time. Any reference to marijuana or marijuana
products shall include medical and nonmedical cannabis and medical
and nonmedical cannabis products, unless otherwise specified. Marijuana
or marijuana product does not mean industrial hemp as defined by California
law or the weight of any other ingredient combined with cannabis to
prepare topical or oral administrations, food, drink, or other product.
means marijuana used, grown, stored, sold, or transported
for medicinal purposes by a qualified patient or primary caregiver
as allowed under State law.
means any location within the City of Plymouth that is not
within a fully enclosed and secure structure or within a residence
or dwelling.
means property assigned a separate parcel number by the Amador
County Assessor.
means any individual, partnership, co-partnership, firm,
association, joint stock company, corporation, limited liability corporation,
collective, cooperative, or combination thereof in whatever form or
character.
means a single, legal parcel of property. Where contiguous
legal parcels are under common ownership or control, such contiguous
legal parcels shall constitute a single "premises" for purposes of
this chapter.
means a "primary caregiver" as defined in Section 11362.7(d)
of the Health and Safety Code, as may be amended from time to time.
means a "qualified patient" as defined in Section 11362.7(f)
of the Health and Safety Code.
means any building or portion thereof legally existing which
contains living facilities, including provisions for sleeping, eating,
cooking, and sanitation on a premises or legal parcel located within
a zoning district that allows residential uses.
means a fence constructed of substantial material (such as
wood or vinyl) that prevents viewing the contents from one side to
the other.
(Ord. 2016-01 § 3; Ord. 2017-01 § 2)
A.
Medical
marijuana and marijuana dispensaries are prohibited in or upon any
premises in any zone within the City. It is unlawful for any person
to engage in, conduct, carry on, or to permit to be engaged in, conducted
or carried on, in or upon any premises in the City of Plymouth, the
operation of a medical marijuana or marijuana dispensary.
B.
Commercial
marijuana uses are prohibited in or upon any premises in any zone
within the City. It is unlawful for any person to engage in, conduct,
carry on, or to permit to be engaged in, conducted or carried on,
in or upon any premises in the City of Plymouth, a commercial marijuana
use.
C.
Outdoor
cultivation of marijuana, whether for personal or commercial purposes,
whether for medical or recreational purposes is prohibited within
the City. It is hereby declared to be unlawful and a public nuisance
for any person owning, leasing, occupying, or having charge or possession
of any parcel within any zoning district in the City of Plymouth to
cause or allow such parcel to be used for the outdoor cultivation
of marijuana. This prohibition applies to all individuals, including
those who qualify as qualified patients and caregivers under California
law.
(Ord. 2016-01 § 3; Ord. 2017-01 § 2)
A.
It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any parcel in the City of Plymouth to cause or allow such parcel to be used for the cultivation of marijuana plants, except as provided in subsections B and C of this section.
B.
Who
Is Permitted to Cultivate Marijuana Within a Residence or an Accessory
Structure.
1.
Only
a person who is at least 18 years old and either a qualified patient
or a primary caregiver may engage in indoor cultivation of medical
marijuana within their residence or an accessory structure. Only a
person who is at least 21 years old may engage in indoor cultivation
of nonmedical marijuana within their residence or an accessory structure.
This means that any individual under the age of 21 may only cultivate
marijuana if he or she is at least 18 and a qualified patient or primary
caregiver.
2.
Residency
Requirement. The qualified patient or primary caregiver or adult 21
and older shall reside full-time on the premises where the indoor
cultivation of medical or nonmedical marijuana occurs.
3.
Permission of Owner. Tenants shall obtain the written permission and signature of the property owner(s) prior to cultivating marijuana pursuant to Section 19.94.050(A)(1) below. Such written permission shall be made available to the City and law enforcement agencies upon request.
C.
Cultivation
Standards. Marijuana cultivated within a residence or an accessory
structure shall be in conformance with the following standards, and
all State laws and regulations:
1.
Cultivation
of marijuana, up to six plants, is permitted only in an existing accessory
structure on parcels with single-family residential units or within
a private residence. The six-plant maximum is regardless of how many
qualified patients or primary caregivers or how many adults 21 and
older are residing at the premises.
a.
Cultivation of marijuana in a new accessory structure erected specifically
for the cultivation of marijuana, shall not exceed the six-plant maximum
in an area of 10 feet wide by 10 feet long by 10 feet high and must
be in compliance with all other requirements of this chapter.
2.
Square
footage shall include the total circumference of the marijuana plants.
3.
Cultivation
of marijuana is not permitted within 600 feet of any school or childcare
facility.
4.
Marijuana cultivation is permitted only within fully enclosed and secure residence or fully enclosed and secure structures that are accessory structures to a main residence and inaccessible to minors. A fully enclosed and secure structure used for the cultivation of marijuana that is separate from the main residence on a premises must meet the general requirements of Section 19.78.040 of this Code regarding accessory structures, and the area surrounding the residence or structure must be enclosed by a solid fence at least six feet in height. The fence need not be in addition to a fence that surrounds the entire property, so long as it meets the standards in this section.
5.
Marijuana
cultivation may not occur in more than one accessory structure on
the same parcel. Only one cultivation area is allowed per parcel.
If marijuana cultivation occurs within a residence, it may not also
occur within an accessory structure on the same parcel.
6.
Marijuana
cultivation may not occur on a parcel where persons under 18 years
of age reside, whether full-time or part-time.
7.
Marijuana
cultivation areas shall not be accessible to persons under 18 years
of age. Cultivation areas shall be secured by lock and key or other
security device which prevents unauthorized entry.
8.
Marijuana
cultivation lighting shall comply with the California Building, Electrical
and Fire Codes as adopted by the City. Extension cords shall not be
used to supply electricity to any accessory structure used for cultivation.
The City's Chief Building Official may inspect the residence or accessory
structure to ensure it does not pose a danger. The City Manager may
withhold permit approval based on input from the Chief Building Official
on matters of health and safety.
9.
The
use of gas products (CO2, butane, etc.), or
generators for marijuana cultivation or processing is prohibited.
10.
Marijuana cultivation for sale is prohibited.
11.
From a public right-of-way, there shall be no exterior evidence of
marijuana cultivation.
12.
Any marijuana cultivation shall not create a humidity or mold problem
in violation of the Building Code and State Health and Safety Code.
13.
Any structure used for the cultivation of marijuana must have proper
ventilation, including a granular activated carbon filter or the equivalent,
to prevent mold damage, and to prevent marijuana plant odors or particles
from becoming a public nuisance to surrounding properties or the public.
A public nuisance may be deemed to exist if the cultivation produces
odors which are disturbing to people of normal sensitivity residing
or present on adjacent or nearby property or areas open to the public.
14.
The marijuana cultivation area shall not adversely affect the health
or safety of the nearby residents by creating dust, glare, heat, noise,
smoke, traffic, vibration, or other impacts, and shall not be hazardous
due to use or storage of materials, processes, products or wastes.
15.
The marijuana grower shall pay any applicable City fees relating
to marijuana cultivation.
(Ord. 2016-01 § 3; Ord. 2017-01 § 2)
A.
Prior
to commencing any marijuana cultivation within a residence or an accessory
structure, a qualified individual must obtain a marijuana cultivation
permit from the City Manager or designee. The following information
will be required with the initial permit application and subsequent
permit extensions:
1.
A
notarized signature from the owner of the property consenting to the
cultivation of marijuana at the premises on a form acceptable to the
City.
2.
The
name of each person owning, leasing, occupying, or having charge of
any legal parcel or premises where marijuana will be cultivated.
3.
The
name of each qualified patient or primary caregiver or qualifying
adult who participates in the marijuana cultivation.
4.
For
medical marijuana cultivation, a copy of a current valid medical recommendation
or County-issued medical marijuana card for each qualified patient
identified as required above, and for each qualified patient for whom
any person identified as required above is the primary caregiver.
5.
The
physical site address of where the marijuana will be cultivated.
6.
A
signed consent form, acceptable to the City, authorizing City staff,
including the Sheriff's Department authority, to conduct an inspection
of the residence or detached, fully enclosed and secure structure
used for the cultivation of marijuana upon 24 hours' notice.
B.
The
initial permit shall be valid for no more than five years and may
be extended in increments of five years.
C.
To
the extent permitted by law, any personal or medical information submitted
with a marijuana cultivation permit application or permit extension
shall be kept confidential and shall only be used for purposes of
administering this chapter.
D.
The
City Manager, or designee, may, in his or her discretion, deny any
application for a marijuana cultivation permit, or extension thereof,
where he or she finds, based on articulated facts, that the issuance
of such permit, or extension thereof, would be detrimental to the
public health, safety, or welfare. A prior criminal conviction for
a drug-related offense by the permit applicant shall be grounds for
denial. The City Manager shall deny an application for a marijuana
cultivation permit, or extension thereof, that does not demonstrate
satisfaction of the minimum requirements of this chapter. Such denial
shall be given to the applicant in writing.
E.
A person who is denied a marijuana cultivation permit under this section may appeal such denial within 10 days of the date of the written denial required by subsection D of this section to the Planning Commission by submitting a detailed written appeal stating the grounds or basis for the appeal and submitting any appeal fee previously established by the City Manager.
F.
Upon
timely request by the person requesting the marijuana cultivation
permit, the appeal hearing process shall be as follows:
1.
The
appeal hearing shall be scheduled for the next available Planning
Commission meeting, unless the parties agree otherwise.
2.
The
appellant and the City may present relevant evidence and testimony
to the Planning Commission.
3.
The
Planning Commission may act to confirm, modify, or reverse the action
in whole or in part as it deems necessary based upon the standards
set forth in this chapter regarding marijuana cultivation.
4.
The
decision of the Planning Commission shall be final and may not be
further appealed.
G.
The
City Manager may establish a fee(s) required to be paid upon filing
of an application for permit(s), and/or appeals as provided by this
chapter, which fees shall not exceed the reasonable cost of administering
this chapter, including any required staff time for processing, inspections,
and/or enforcement.
(Ord. 2016-01 § 3; Ord. 2017-01 § 2)
A.
Violation of this chapter is a public nuisance and shall be a misdemeanor and may be enforced through any and all legal means, including, but not limited to, Chapter 20.04 of the Plymouth Municipal Code, entitled "Code Enforcement Generally."
B.
Pursuant
to Government Code Section 36901, the fine for an administrative violation
may not exceed $1,000, or a maximum amount reflecting later amendments
to such statute, per day for each ongoing violation. The City Council
may adopt by resolution a schedule of fines for first, second, and
third offenses of this chapter to be administered by the City Manager.
(Ord. 2016-01 § 3; Ord. 2017-01 § 2)
