"Commercial marijuana activity"
means activity involving the planting, growing, harvesting,
drying, curing, grading, trimming, transporting, distributing, manufacturing,
testing, dispensing, wholesale of marijuana or marijuana products
in the City of Blue Lake by a person engaged in business and regardless
of whether the person is operating from a fixed location in the City
of Blue Lake or coming into the City of Blue Lake from an outside
location to engage in such activities. Commercial marijuana activity
includes, but is not limited to, activity allowable under the AUMA
and the Medical Cannabis Regulation and Safety Act with a permit issued
by the State of California.
"Detached accessory building"
means a building which is (1) incidental and subordinate to the residence or residential use; (2) located on the same parcel as the person's private residence; (3) does not share at least 10 feet of common wall with the private residence or other accessory building; (4) has a roof supported by connecting walls extending from the ground to the roof, and a foundation, slab, or equivalent base to which the floor is securely attached; (5) has walls that are opaque; and (6) does not exceed 10 feet in height from the ground to the top of the roof. For the purposes of this section, a greenhouse shall be considered a detached accessory building if it meets the definition of detached accessory building and complies with all other regulations set forth in Section
9.24.060 of this chapter.
"Indoors"
means within a fully enclosed private residence or detached
accessory building.
"Marijuana" or "cannabis"
means 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 products"
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 cannabis or concentrated cannabis and other ingredients.
"Outdoor cultivation"
means the planting, cultivating, harvesting, drying, or processing
of marijuana or marijuana products that does not occur indoors.
"Personal cultivation of marijuana"
means the planting, cultivating, harvesting, drying, and/or
processing of marijuana or marijuana products by a person over the
age of 21 for the person's personal, non-commercial use.
"Private residence"
means a house, an apartment unit, a mobile home, or other
similar dwelling used by a person as his or her primary residence.
In order to eliminate the potential nuisance and health and
safety impacts to the greatest extent possible, it shall be unlawful
for any person or entity to engage in the outdoor cultivation of marijuana
within the City of Blue Lake, whether or not the purpose for such
cultivation is for personal or commercial purposes. For purposes of
this chapter, cultivation in a "hoop house" is deemed to be outdoor
cultivation and is prohibited.
In order to eliminate the potential nuisance and health and
safety impacts to the greatest extent possible, it shall be unlawful
for any person or entity to engage in commercial marijuana activity
within the City of Blue Lake. No person or entity is permitted or
authorized to engage in such activity within the City of Blue Lake,
regardless of whether or not such person or entity has applied for
or obtained a permit from the State of California under the AUMA,
the Medical Cannabis Regulation and Safety Act, or other state law.
In order to eliminate the potential nuisance and health and
safety impacts to the greatest extent possible, personal cultivation
of marijuana shall be in conformance with the following standards:
A. No personal cultivation of marijuana shall occur unless and until the person has obtained a permit issued by the City of Blue Lake pursuant to Section
9.24.070 of this chapter.
B. Personal
cultivation of marijuana shall occur indoors in a private residence
or in a detached accessory building, but not both.
C. A person
may not conduct the personal cultivation of marijuana in more than
one private residence or detached accessory building within the City
of Blue Lake, regardless of whether the person owns or leases two
or more parcels within the City of Blue Lake.
D. Personal
cultivation of marijuana within a private residence shall not exceed
six marijuana plants, shall not exceed 50 square feet, and shall not
exceed 10 feet in height, per private residence, regardless of the
number of persons over the age of 21 residing in the private residence.
E. Personal
cultivation of marijuana within a detached accessory building shall
not exceed six marijuana plants, shall not exceed 50 square feet,
and shall not exceed 10 feet in height, per parcel of real property,
regardless of the number of persons over the age of 21 residing on
the parcel and regardless of the number of detached accessory buildings
on the parcel.
F. The
private residence where the personal cultivation of marijuana occurs
shall maintain a kitchen and bathroom(s) for their intended use, and
the kitchen, bathroom(s), and bedroom(s) shall not be used primarily
for marijuana cultivation.
G. The
private residence or detached accessory structure where personal cultivation
of marijuana occurs shall comply with all applicable state and City
of Blue Lake ordinances, including fire and building codes.
H. The
private residence or detached accessory structure where personal cultivation
of marijuana occurs shall be secured against unauthorized entry.
I. Lighting
used for the personal cultivation of marijuana shall not exceed 1,200
watts in the aggregate.
J. All
electrical equipment used in the personal cultivation of marijuana
shall be plugged directly into a wall outlet or otherwise hardwired.
The use of extension cords to supply power to electrical equipment
is prohibited.
K. No toxic
or flammable fumigant shall be used for the personal cultivation of
marijuana.
L. The
use of gas products (e.g., CO2, butane, etc.) for the personal cultivation
of marijuana is prohibited.
M. No effluent,
including, but not limited to, waste products, chemical fertilizers
or pesticides shall be discharged into drains, septic systems, community
sewer systems, water systems or other drainage systems, including
those that lead to rivers, streams and bays as a result of the personal
cultivation of marijuana.
N. The
personal cultivation of marijuana shall not adversely affect the health
or safety of residents, neighbors, or nearby businesses by creating
dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration,
or other impacts, or be hazardous due to use or storage of materials,
processes, products or wastes associated with the personal cultivation
of marijuana.
O. On parcels
that contain more than one private residence, no odor of marijuana
shall be detectable from the exterior of the private residence or
detached accessory building by a person of ordinary senses. On parcels
that contain only one private residence, no odor of marijuana shall
be detectable from the parcel boundaries by a person of ordinary senses.
To achieve this, the marijuana cultivation area (whether in a private
residence or detached accessory building) shall be, at a minimum,
mechanically ventilated with a carbon filter or other superior method
to prevent the odor of marijuana from escaping the indoor cultivation
area and negatively impacting neighbors and the surrounding community.
Ventilation systems shall be installed in a manner that facilitates
decommissioning and a return of the cultivation area to noncultivation
residential uses.
P. From
a public right-of-way, neighboring properties, or neighboring housing
units, there shall be no visual or auditory evidence of the personal
cultivation of marijuana at the private residence or detached accessory
building that is detectable by a person of ordinary senses.
Q. No sale,
trading, or dispensing of marijuana is allowed on a parcel where the
personal cultivation of marijuana occurs.
R. A waterproof
membrane or other waterproof barrier shall be installed in the cultivation
area or beneath individual plants to protect the floor from water
damage.
Should any provision, section, paragraph, sentence or word of
this chapter be rendered or declared invalid by any final court action
in a court of competent jurisdiction or by reason of any preemptive
legislation, the remaining provisions, sections, paragraphs, sentences
and words of this chapter as hereby adopted shall remain in full force
and effect.