The purpose and intent of this chapter is to prohibit throughout the entire city the outdoor cultivation of marijuana, and to establish reasonable regulations, consistent with the meaning of section 11362.2 of the Health and Safety Code, and as may be amended, for the indoor cultivation of up to six marijuana plants at a private residence.
(Ord. No. 1167, § 2, 9-25-17)
The following words and phrases shall, for the purposes of this chapter, have the meanings respectively ascribed to them by this section, as follows:
"Accessory structure"
means a subordinate building located on the same lot as a private residence, the use of which is customarily part of, incidental and secondary to that of the private residence, and which does not change the character of the residential use of the private residence.
"Cultivation"
means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of one or more marijuana plants or any part thereof.
"Cultivation site"
means the real property on which marijuana cultivation occurs.
"Director"
means the director of community development for the City of Cypress, or designee.
"Marijuana"
has the same definition as provided in section 26001 of the Business and Professions Code for the term cannabis, and as may be amended, defined as 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. "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.
"Person"
means 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.
"Private residence"
has the same meaning as the term is defined in section 11362.2(b)(5) of the Health and Safety Code, and as may be amended, which provides that private residence means a house, an apartment unit, a mobile home, or other similar dwelling.
(Ord. No. 1167, § 2, 9-25-17)
(a) 
Prohibition. Marijuana cultivation is prohibited in all zones of the city. No person shall engage in the cultivation of marijuana in the city for any purpose.
(b) 
Limited exemption. The general prohibition on marijuana cultivation in above subsection (a) does not apply to the indoor cultivation of marijuana at a private residence that is conducted with complete adherence to the following regulations:
(1) 
Six plants. Cultivation is limited to no more than six living marijuana plants at any one time.
(2) 
Indoor cultivation only. Cultivation shall occur entirely within a private residence or within an accessory structure to a private residence located upon the grounds of a private residence that is fully enclosed and secure.
(3) 
Locked space. The six living plants and any marijuana produced by the plants in excess of twenty-eight and one-half (28.5) grams shall be kept within a locked space located either within the private residence or upon the grounds of the private residence.
(4) 
Visibility. The six living plants and any marijuana produced by the plants in excess of twenty-eight and one-half (28.5) grams shall not be visible from any neighboring property or public right-of-way, or in any manner be visible by normal unaided vision from a public place.
(5) 
Nuisance activity. Cultivation 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 gases, odors, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials, processes, products or waste.
(6) 
Fire extinguisher. A working portable fire extinguisher, which complies with the regulations and standards adopted by the state fire marshal and applicable law, shall be kept in the same room as the marijuana cultivation.
(7) 
Electricity.
(i) 
The collective draw from all electrical appliances at the marijuana cultivation site shall not exceed the maximum rating of the approved electrical panel for the residence where the marijuana is being cultivated.
(ii) 
The maximum rating shall be as established in the manufacturer specifications for the approved electrical panel.
(8) 
Lighting. Any lighting fixture or combination of lighting fixtures used for marijuana cultivation shall:
(i) 
Not exceed the rated wattage and capacity of the circuit breaker; and
(ii) 
Shall be shielded so as to completely confine light and glare to the interior of the private residence or fully enclosed accessory structure.
(9) 
Private residence. Any private residence used for cultivation shall:
(i) 
Include a fully functional and usable kitchen, as well as bathroom and bedroom areas, for use by occupants of a private residence; and
(ii) 
Shall not be used primarily or exclusively for marijuana cultivation.
(10) 
Garage. Cultivation shall not displace required parking in a garage.
(c) 
Additional regulations. Further rules, regulations, procedures, and standards for the administration and implementation of this chapter may be adopted from time to time either by resolution or ordinance from the city council, or by the director (upon authorization by resolution of the city council).
(Ord. No. 1167, § 2, 9-25-17)
Upon receipt of a complaint alleging violation of this chapter, the city shall inspect the private residence that is the subject of a complaint. However, the city shall not perform the inspection required in this section without first obtaining permission to inspect from the responsible party or obtaining a court order permitting inspection, such as an inspection warrant. Nothing herein shall preclude city from availing itself of any or all available administrative, civil, or criminal remedies, at law or equity.
(Ord. No. 1167, § 2, 9-25-17)
(a) 
Any violation of this chapter is punishable pursuant to section 1-7 of the Cypress City Code, except for as preempted by state law.
(b) 
Public nuisance abatement.
(1) 
Any cultivation of marijuana that is conducted in violation of any provisions of this chapter is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation, in accordance with the procedures set forth in Chapter 13, Article III of the Cypress City Code.
(2) 
All costs to abate such public nuisance, including attorneys' fees and court costs, shall be paid by the person causing the nuisance, including the property owner where the nuisance is occurring.
(3) 
Any appeal to a determination that cultivation of marijuana is operating as a public nuisance shall be pursuant to the appeal provisions in Chapter 13, Article III of the Cypress City Code.
(c) 
The remedies described in this section are not mutually exclusive. Pursuit of any one remedy shall not preclude city from availing itself of any or all available administrative, civil, or criminal remedies, at law or equity.
(Ord. No. 1167, § 2, 9-25-17)