A.
The
city council finds that the prohibitions on medical and adult-use
commercial cannabis uses are necessary for the preservation and protection
of the public peace, health, safety, and welfare for the city and
its community. It is also the intent of this chapter to regulate indoor
cannabis cultivation, and to prohibit all outdoor cultivation, for
personal use, including by qualified patients and primary caregivers.
The city council's prohibition of such activities is within the authority
conferred upon the city council by the California Constitution and
other state law.
B.
The
city council finds that this chapter: (1) exercises its local authority
to enact and enforce local regulations and ordinances, including those
regarding the zoning, permitting, licensing, or other entitlement
of the activities prohibited by this chapter; and (2) exercises its
police power to enact and enforce regulations for the public benefit,
safety, and welfare of the city and its community.
(Ord. 1137 § 2, 2019)
has the same meaning as set forth in Business and Professions
Code Section 26001(f) as the same may be amended from time to time.
have the same meaning as set forth in Business and Professions
Code, Section 26001(i) as the same may be amended from time to time.
has the same meaning as set forth in Health and Safety Code
Section 11362.7 as the same may be amended from time to time.
has the same meaning as that set forth in Business and Professions
Code Section 26001(k) as the same may be amended from time to time.
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 set forth in Business and Professions
Code Section 26001(l) as the same may be amended from time to time.
has the same meaning as set forth in Business and Professions
Code Section 26001(p) as the same may be amended from time to time.
has the same meaning as set forth in Business and Professions
Code Section 26001(r) as the same may be amended from time to time.
means any location that is totally contained within a fully
enclosed and secure private residence or accessory building located
on the grounds of the private residence.
has the same meaning as set forth in Business and Professions
Code Section 26001(ah) as the same may be amended from time to time.
has the same meanings as set forth in Business and Professions
Code Section 26001(ai) as the same may be amended from time to time.
means any location that is not totally contained within a
fully enclosed and secure accessory building or primary residence.
means cannabis cultivation for a natural person's own personal
use and possession in accordance with this code and state law, including,
but not limited to, Health and Safety Code Sections 11362.1 and 11362.2,
as may be amended, and such person does not sell or distribute cannabis
to any other person. "Personal use" also means and includes cultivation
of medical cannabis conducted by a qualified patient exclusively for
his or her personal medical use, and cultivation conducted by a primary
caregiver for the personal medical purposes of no more than five specified
qualified patients for whom he or she is the primary caregiver, in
accordance with state law, including Health and Safety Code Sections
11362.7 and 11362.765, as may be amended. Except as herein defined,
personal cultivation does not include, and shall not authorize, any
cultivation conducted as part of a business or commercial activity,
including cultivation for compensation or retail or wholesale sales
of cannabis.
means a house, an apartment unit, accessory dwelling unit,
a mobile home, or other similar dwelling occupied for residential
purposes.
has the same meaning as set forth in Health and Safety Code
Section 11362.7 as the same may be amended from time to time.
means a facility where cannabis or cannabis products are
offered, either individually or in any combination, for ritual sale
to customers, including an establishment that delivers cannabis and
cannabis products as part of a retail sale or conducts sales exclusively
by delivery. For purposes of this code, the term "retailer" includes
microbusinesses, nonprofits licensed under Business and Professions
Code, Section 26070.5, and any other state license designation that
authorized distribution, whether for freer or in exchange for any
consideration, of cannabis and/or cannabis products to individual
customers. For purposes of this code, "cannabis retailer" also includes
medical cannabis dispensaries, patient collective and cooperatives
operating, or proposing to operate, pursuant to the Compassionate
Use Act (Health and Safety Code, Section 11362.5) and/or the Medical
Marijuana Program (Health and Safety Code, Section 11362.7 et seq.),
as may be amended from time to time.
has the same meaning as set forth in Business and Professions
Code Section 26001(at) as the same may be amended from time to time.
(Ord. 1137 § 2, 2019)
A.
Commercial
cannabis activities of all types are expressly prohibited in all zones,
all specific plans, and all overlay zones in the city of Pico Rivera.
No use permit, variance, building permit, or any other entitlement
or permit, whether administrative or discretionary, shall be approved
or issued for the establishment or operation of a commercial cannabis
use in any zoning district, and no person shall establish, operate,
conduct or allow a commercial cannabis activity anywhere within the
city limits.
B.
Cannabis
Deliveries. To the fullest extent allowed by state law, the ban on
commercial cannabis uses also prohibits the operation of a cannabis
delivery service to customers in the city of Pico Rivera, including
those deliveries originating from a physical location outside of the
city. This section shall not be construed to prohibit use of the public
roads pursuant to Business and Professions Code, Section 26090 or
those activities allowed by Section 26054, subdivisions (c) or (d).
C.
Outdoor
Cultivation Prohibited. Outdoor cultivation of cannabis is prohibited
in all zoning districts in the city of Pico Rivera, including cultivation
for personal medical use by a qualified patient or primary caregiver,
personal adult-use, or commercial purposes.
(Ord. 1137 § 2, 2019)
A.
Personal
Cultivation Permit Required. It shall be unlawful for any person to
engage in the indoor cultivation of cannabis for personal use, including
cannabis cultivation for personal medical use by a qualified patient
or primary caregiver, without first obtaining and maintaining a valid
personal cultivation permit under this section.
B.
Application.
Every person required to have a personal cultivation permit under
this chapter shall make an application therefor, on a form prescribed
by the city, to the director of community and economic development
and the payment of the fee established by resolution of the city council.
No more than one permit per private residence shall be issued and
maintained at any one time, regardless of the number of persons dwelling
or residing in the private residence or upon the grounds thereof.
C.
Indoor
Personal Cultivation Regulations. Permittees issued a personal cultivation
permit under this chapter shall, at all times, conduct the activities
authorized by said permit in strict accordance with the requirements
of this section listed below, any conditions of approval imposed by
the city, and the California Adult Use of Marijuana Act, whichever
is more restrictive.
1.
Cannabis
cultivation shall only occur indoors at a private residence, or inside
a legal accessory structure located upon the grounds of a private
residence.
2.
Cannabis
cultivation shall be limited to six plants total per residence, whether
immature or mature, regardless of how many residents reside at the
private residence.
3.
Persons
engaging in indoor cultivation must comply with all State and Local
laws regarding fire safety, water use, electrical wiring, buildings,
and indoor cultivation, including without limitation, Health and Safety
Code Sections 11362.1 and 11362.2.
4.
The
use of gas products (CO2, butane, propane, natural gas, etc.) or generators
for cultivation of cannabis is prohibited. Use of gas products shall
be limited to those allowed by the California Building, Electrical,
and Fire Codes as adopted and amended by the city of Pico Rivera.
5.
The
residence shall maintain a fully functional and usable kitchen, bathroom,
and bedroom areas for their intended use by the resident(s), and the
premises shall not be used primarily or exclusively for cannabis cultivation.
6.
Any
structure used for the cultivation of cannabis shall be equipped with
permanently installed and permitted electric service, and shall not
be served by temporary extension cords or generators.
7.
All
areas used for cannabis cultivation shall be located within a fully
enclosed and secure structure. "Fully enclosed and secure structure"
means a space within a building, greenhouse, or other legal structure
which has a complete roof enclosure supported by connecting, enclosed
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.
8.
A
fully enclosed and secure structure used for the cultivation of cannabis
that is separate from the main residential structure, must maintain
a minimum setback of ten feet from any property line.
9.
Any
structure used for the cultivation of cannabis must have proper ventilation
and air filtration to protect the health and safety of occupants and
the neighborhood, prevent mold damage, and to prevent cannabis plant
odors or particles from becoming a public nuisance.
D.
Permit
Fees. A filing and processing fee, in an amount established by resolution
the city council, shall be submitted with each application for an
original permit, or applications for permit renewals. The fee provided
for in this section is imposed to cover the reasonable cost of processing
and reviewing permit applications, and to cover the cost of site inspections
provided for in this chapter. The fee provided for in this section
may be amended from time to time by resolution of the city council.
(Ord. 1137 § 2, 2019)
The director of community and economic development shall deny
any application for a permit or for the renewal thereof if the director
of community and economic development makes any of the following determinations:
A.
The
applicant has not first obtained or has not maintained in full force
and effect the permit required under this chapter prior to engaging
in the activities authorized by the permit.
B.
The
private residence or accessory structure used to indoor cultivation
fails to comply with all applicable health, safety, zoning, fire,
building and safety laws and regulations.
C.
The
applicant has knowingly made any false, misleading, or fraudulent
statement of material fact in the application for the permit or renewal
of the permit.
D.
The
applicant is in violation of a provision of this code or owes taxes,
fees, or penalties pursuant to this chapter or any other provision
of the Pico Rivera Municipal Code.
E.
The
applicant (new or renewal) has had a permit denied or revoked by the
city within the preceding twelve months.
(Ord. 1137 § 2, 2019)
Upon determination of the existence of any factors or conditions specified in Section 9.04.050, the director of community and economic development shall advise the applicant by serving upon the applicant a notice of denial in writing within ten business days of such determination. The notice of denial shall state the director's findings and/or determinations that justify denial of the permit application, and shall include a summary of the evidence upon which such findings and/or determinations are based.
(Ord. 1137 § 2, 2019)
The denial of any application for a permit may be appealed to
the city manager or his or her designee, and such appeal shall be
governed by the standards and procedures set forth in Section 9.04.090
with regards to revocation.
(Ord. 1137 § 2, 2019)
A.
Permits
issued pursuant to this chapter shall be valid for two years from
the date of issuance. Permits may be renewed upon the filing of an
application for renewal with the director of community and economic
development. The application for renewal shall be in the same form
as an application for an original permit. It shall be issued or denied
as in the case of the original permit.
B.
Transfer
of Permit Prohibited. No permit issued pursuant to this chapter shall
be transferrable or assignable to any other person. The activities
authorized by any permit issued pursuant to this chapter shall only
be conducted inside the private residence or accessory structure for
which the permit was issued.
(Ord. 1137 § 2, 2019)
A.
Grounds
for Revocation. The director of community and economic development
shall revoke any permit issued pursuant to this chapter, if the director
makes any of the following findings or determinations:
1.
There
exists any ground for denial of the permit issued pursuant to this
chapter.
2.
The
permittee has knowingly made any false, misleading, or fraudulent
statement of material fact in the application for a permit or in any
report required to be filed by law.
3.
The
permittee has violated or is violating any condition of approval imposed
on such permit, or upon any other entitlement granted by the city
or other government agency.
4.
The
permittee has violated or is violating any ordinance, law, or regulation
of the city, county of Los Angeles, or state of California in the
course of exercising any rights under the permit.
5.
Any
condition or offense deemed a public nuisance under the Pico Rivera
Municipal Code exists on the property listed in the permit.
6.
The
continued activities under the permit would endanger, disrupt or otherwise
be detrimental to the public peace, health, safety, morals or general
welfare of the city or its inhabitants, or constitute a public nuisance.
B.
Order
of Revocation. The director of community and economic development
shall serve a written order of revocation upon the permittee stating
the grounds for revocation and advise the licensee/permittee of the
effective date of the revocation.
C.
Effectiveness
of Order. Any permit revoked pursuant to the provisions of this chapter
shall become effective, and the permittee shall cease all activities
authorized under such permit, no later than ten calendar days from
the service of the order of revocation. Where an appeal is timely
filed in accordance with the provisions of this chapter, the notice
of revocation shall be stayed pending the resolution of the appeal
pursuant to the provisions of this chapter.
(Ord. 1137 § 2, 2019)
A.
Request
for Appeal. A permittee may appeal any notice of denial or order of
revocation issued by the director of community and economic development
by filing a request for an appeal with the city clerk, and tendering
a filing and processing fee as set by resolution of the city council,
within ten calendar days of service of the notice/order of such denial
or revocation. The request for an appeal must be made in writing and
shall contain the following information:
1.
The
name of the appellant and the address of the applicable location where
the appellant was authorized (or was seeking to be authorized) to
engage in the activities authorized by a permit issued under this
chapter;
2.
The
date of denial or revocation by the director;
3.
A
statement as to all grounds for appeal in sufficient detail to articulate
and understand the nature of the controversy; and
4.
The
signature of the appellant under penalty of perjury as to the contents
of the request for appeal.
B.
Upon
receipt of such written appeal and fee, the city manager or designee
shall set the matter for consideration within forty-five days from
the timely filing of a request for appeal and payment of applicable
fees, unless an alternative appeal date is mutually agreed upon in
writing by the city manager or designee and the appellant. The city
manager or designee shall issue written notice of the time and place
of an appeal hearing to the appellant at least seven calendar days'
prior thereto. If a request for an appeal is not timely submitted
(with all applicable fees) to the city clerk, the notice of denial
or order of revocation shall be deemed final and binding, and the
permittee shall be deemed to have failed to exhaust all administrative
remedies.
C.
Written
notice of the city manager's or designee's decision of whether to
approve, revoke, reinstate or conditionally reinstate the permit shall
be issued to the appellant within ten business days of the decision.
The determination of the city manager shall be final and conclusive.
(Ord. 1137 § 2, 2019)
A.
Any person violating any provision of this chapter shall be guilty of a misdemeanor, and may be subject to the penalties set forth in Chapter 1.20 of this code. Any such person shall be guilty of a separate offense for each and every day a violation of the provisions of this chapter is committed, continued, or permitted to be continued by such person.
B.
In addition
to any other enforcement permitted by this chapter, the city prosecutor
or city attorney may enforce any violation of this chapter by means
of an administrative or civil enforcement process through a restraining
order, a preliminary or permanent injunction, or by any other means
available by law. The city prosecutor or city attorney may be awarded
costs, including the costs of investigation and discovery and reasonable
attorney's fees, in connection with such civil enforcement process.
C.
In the
event of any conflict between the penalties enumerated under this
code and any penalties set forth in state law, the maximum penalties
allowable under state law shall govern. To the extent certain conduct
is immune from arrest and criminal liability pursuant to state law,
including the Compassionate Use Act of 1996 (Health and Safety Code
Section 11362.5) or the Medical Marijuana Program (Health and Safety
Code Section 11362.7 et seq.), criminal penalties shall not apply.
(Ord. 1137 § 2, 2019)
Any use or condition caused, or permitted to exist, in violation
of any provision of this chapter shall be, and hereby is declared
to be, a public nuisance and may be summarily abated by the city pursuant
to Code of Civil Procedure Section 731, Pico Rivera Municipal Code,
or any other remedy available to the city at law or equity.
(Ord. 1137 § 2, 2019)
