CITY OF ALHAMBRA

August 20, 2018

TO: Honorable President and Members of

the Alhambra City Planning Commission

FROM: Marc Castagnola, AICP, Director of Community Development

Vanessa Reynoso, Deputy Director of Community Development

SUBJECT: Zone Text Amendment ZTA 18-3

Citywide Ordinance Regarding Private Marijuana Cultivation and Non-Medical Marijuana
Facilities
Applicant: City of Alhambra

PROPOSAL:

An Amendment to Title 23 (Zoning) of the Alhambra Municipal Code adding a new Chapter 23.87
prohibiting all commercial land uses associated with recreational marijuana and restricting personal
growth of marijuana in a manner consistent with Proposition 64. The Amendment also repeals Alhambra
Municipal Code Sections 23.04.526 AND 23.85.010A.

BACKGROUND:

Proposition 64
On November 8, 2016, California voters approved Proposition 64 (“Prop 64”), known as the “Control,
Regulate and Tax Adult Use of Marijuana Act”. Proposition 64 allows individuals to possess, use and
cultivate cannabis in certain amounts. Prop 64 allows an individual to cultivate up to six plants at his or
her private residence provided that no more than six plants are being cultivated on the property at any one
time. Prop 64 also establishes a regulatory system that allows recreational cannabis cultivators,
manufacturers, distributors, retailers, and testing laboratories to operate lawfully if they obtain a State
license to operate and comply with local ordinances. The California Department of Consumer Affairs,
Department of Food and Agriculture, and Department of Public Health are responsible under Prop 64 for
issuing State licenses to commercial recreational cannabis businesses. No business can operate without a
State license from one of these agencies.

Prop 64 preserves local land use authority for cities and counties throughout California regarding cannabis
in their jurisdiction allowing each jurisdiction in California to independently determine whether to allow
or prohibit the sales, commercial cultivation, manufacturing, testing, and delivery of cannabis within their
jurisdiction in accordance with locally adopted land use regulations.

Proposition 64 addresses the personal and commercial use of recreational marijuana. For commercial use
of recreational marijuana, Prop 64 allows local jurisdictions to retain land use authority regarding
cultivation, manufacturing, delivery and retail sales of recreational marijuana. This allows every
jurisdiction in the State of California to independently determine whether these commercial land uses
should be prohibited or allowed through a licensing/entitlement process within their respective
jurisdiction. Local jurisdictions may prohibit or allow any or all recreational marijuana commercial types
in any combination.

1
082018_Cannabis Ordinance
For personal use of recreational marijuana, Prop 64 allows the following for adults 21 years of age or
older:

 Possess, process, purchase, obtain, transport, or give away specific amounts of recreational
marijuana;
 Smoke or ingest recreational marijuana products;
 Possess plant, cultivate, harvest, dry, or process up to six recreational marijuana plants per
residence.

Prop 64 allows cities to “reasonably regulate”, but not prohibit, the residential growth and private indoor
cultivation of six plants. Cities can ban outdoor cannabis cultivation but may not completely ban private
indoor cultivation of six plants or less within a residence.

Prop 64 only addresses the recreational use of marijuana and has no impact on medicinal marijuana. All
commercial medicinal marijuana land uses have been prohibited in all zones within the City of Alhambra
since 2008.

City of Alhambra
On December 12, 2016, the City Council adopted Ordinance No. 02M16-4707 establishing a 45 day
moratorium pertaining to private cannabis cultivation and non-medical facilities. January 23, 2016, the
City Council adopted Ordinance No. 02M17-4708 to extend the moratorium pertaining to private
cannabis cultivation and non-medical facilities until December 11, 2017. On November 13, 2017, the
moratorium was further extended by the City Council by Ordinance No. 02M17-4725 for a period of one
year from December 11, 2017 to December 10, 2018. The purpose of the moratoriums was to provide
staff time to research the issues related to the regulation and control of the cannabis business and options.

PROPOSED REGULATIONS:

The proposed Amendments to the Zoning Code are included in the draft Ordinance attached to this report.
The Amendments will add a new section 23.87 to the Alhambra Municipal Code and accomplish the fol-
lowing, as summarized below:

1. Prohibit all land uses associated with recreational marijuana.

Recreational cannabis cultivators, manufacturers, distributors, retailers and testing laboratories
would not be permitted under the proposed Ordinance.

2. Establish regulations for commercial cannabis deliveries within the City of Alhambra.
Delivery to any person within the City limits would be prohibited, with the exception of deliveries
for medicinal purposes. Deliveries would only be allowed to a patient by their primary caregiver,
and can only be delivered to a private home, apartment or residential condominium. Deliveries
would be restricted during the hours of 7:00 am to 8:00 pm and must be delivered in an unmarked
vehicle.

3. Establish regulations for personal growth of marijuana in a manner consistent with Prop 64.
The Alhambra Municipal Code will be amended to include a new section 23.87 providing new
requirements for the home cultivation of cannabis within the City. The new requirements and
restrictions are summarized below:

2
  Cultivation can only occur in residences and/or accessory structures that are fully
enclosed and secured against unauthorized entry. If cultivation is to occur within a
garage, the required parking must still be maintained.
 The owner of a private residence has provided written consent allowing cannabis
cultivation to occur.
 Cultivation complies with all applicable building codes.
 Gas products (CO2, butane, propane, natural gas, etc.) for cannabis cultivation are
prohibited.
 Indoor grow lights cannot exceed 1,000 watts per light.
 Adverse impacts shall be mitigated. This includes impacts of odors, or the storage
of hazardous materials, processes, products, or wastes.
 A fire extinguisher must be kept in the same room or structure where cannabis
cultivation is occurring. Cannabis and cannabis infused products must be disposed
in a secure waste receptacle located on the residential property. Disposed cannabis
plants and products must be rendered unusable and unrecognizable by grinding and
incorporating cannabis waste with any non-consumable solid waste with a resulting
mixture resulting of at least 50 percent non-cannabis waste.

As provided for by Proposition 64, no permitting will be required for home cultivation for up to six
cannabis plants. However, structural changes or upgrades to a residence (i.e. electrical panels) to
accommodate home cultivation may require a building and/or electrical permit.

In addition, the Amendment repeals Alhambra Municipal Code Section 23.04.526 (Definitions) and
23.85.010A relating to medical marijuana dispensaries.

ENVIRONMENTAL STATUS:

This ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA)
pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, sections:
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in
the environment); 15060(c)(3) (the activity is not a project as defined in Section 15378; and 15061(b)(3),
because the activity is covered by the general rule that CEQA applies only to projects which have the
potential for causing a significant effect on the environment. The City has never allowed any commercial
cannabis activity under the City’s municipal code. The proposed ordinance, therefore, maintains the
status quo. Because there is no possibility that this ordinance may have a significant adverse effect on the
environment, the adoption of this ordinance is exempt from CEQA.

PUBLIC NOTICE:

On August 10, 2018, a legal notice advertising the public hearing was placed in the Pasadena Star News.
Notice was also posted in City Hall on August 10, 2018. No comments were received at the time this re-
port was finalized.

3
RECOMMENDATION:

It is recommended that the Planning Commission:

Approve Resolution No. 18-42, recommending approval of a Zone Text Amendment ZTA 18-3 to
the City Council for an Amendment to Title 23 by adding Chapter 23.87 of the Alhambra
Municipal Code related to cannabis facilities, cultivation, and deliveries, and repealing AMC
Sections 23.04.526 AND 23.85.010A relating to medical marijuana dispensaries.

ATTACHMENTS:

1. Resolution No. 18-42, including draft Ordinance.

4
 ATTACHMENT 1
RESOLUTION NO. 18-42
A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING THAT THE
CITY COUNCIL OF THE CITY OF ALHAMBRA, CALIFORNIA, ADD CHAPTER 23.87
OF THE ALHAMBRA MUNICIPAL CODE, RELATED TO CANNABIS FACILITIES,
CULTIVATION, AND DELIVERIES, AND REPEAL AND REPEAL AMC SECTIONS
23.04.526 AND 23.85.010A RELATING TO MEDICAL MARIJUANA DISPENSARIES

THE PLANNING COMMISSION OF THE CITY OF ALHAMBRA DOES HEREBY RE-

SOLVE AS FOLLOWS:

SECTION 1. FINDING OF FACT. The Planning Commission does hereby make the following find-
ings of fact:

A. As set forth in Alhambra Municipal Code section 23.85.010, the City of Alhambra (“City”) pro-
hibits medical marijuana dispensaries in all City zones. Under section 23.04.526, medical mariju-
ana dispensaries are defined as “any site, facility, location, use, cooperative or business, including
vending machines, which distributes, sells exchanges, processes, delivers, gives away, or culti-
vates marijuana for medical purposes to qualified patients, health care providers, patients’ primary
caregivers, or physicians.”
B. On October 9, 2015, Assembly Bills 243 and 266 and Senate Bill 643 (collectively, the “Medical
Cannabis Regulation and Safety Act” or “MCRSA”) were enacted to create a state regulatory and
licensing system governing the cultivation, testing, and distribution of medical marijuana, the
manufacturing of medical marijuana products, and physician recommendations for medical mari-
juana. MCRSA expressly preserved local control over medical marijuana facilities and land uses,
including the authority to prohibit medical marijuana facilities and cultivation completely.
C. On November 8, 2016, the voters of the State of California approved Proposition 64, entitled the
“Control, Regulate and Tax Adult Use of Marijuana Act” (the “AUMA”), which legalizes and
regulates the adult use of non-medical marijuana (commonly referred to as “recreational marijua-
na”) in California.
D. The AUMA legalized adult-use cannabis in California and requires adult-use cannabis businesses,
including cultivators, manufacturers, distributors, retailers, and testing laboratories, to obtain a
state license in order to operate lawfully. Under the AUMA, individuals may possess and use
specified amounts of cannabis and may cultivate up to six cannabis plants per private residence.
Under Health and Safety Code section 11362.2(b), cities may prohibit private outdoor cannabis
cultivation, but may not prohibit completely private indoor cultivation of six cannabis plants or
less. Cities, however, may reasonably regulate private indoor cultivation of six cannabis plants or
less.
E. On June 27, 2017, the Governor signed Senate Bill 94, which repealed MCRSA and incorporated
provisions from MCRSA regarding medical marijuana in the AUMA, so that the regulations gov-
erning both medical and non-medical marijuana were contained under one regulatory structure.
Senate Bill 94 renamed the AUMA as the Medicinal and Adult-Use Cannabis Regulation and
Safety Act (“MAUCRSA”). In addition to consolidating state laws regarding medical marijuana

5
 and adult-use marijuana, Senate Bill 94 introduced more uniform terminology. Senate Bill 94 re-
vised references in existing law from “marijuana” or “medical marijuana” to instead refer to “can-
nabis” or “medicinal cannabis,” and revised references from “nonmedical” to “adult-use.”
F. MAUCRSA retains the provisions in MCRSA and the AUMA that granted local jurisdictions con-
trol over whether commercial cannabis activity could occur in a particular jurisdiction.
G. Specifically, California Business and Professions Code section 26200 provides that MAUCRSA is
not to be interpreted to supersede or limit the authority of a local jurisdiction to adopt and enforce
local ordinances that completely prohibit the establishment or operation of cannabis-related busi-
nesses within that local jurisdiction.
H. Due to these changes, the City has adopted Ordinance Nos. O2M16-4707, O2M17-4708, and
O2M17-4725, which imposed a moratorium on private marijuana cultivation and non-medical ma-
rijuana facilities. This moratorium is set to expire on December 10, 2018.
I. The City desires to add Chapter 23.87 of its municipal code to conform to the recent State law
regulations concerning marijuana or, as it is now referred to, cannabis. As a result, Chapter 23.87
will contain the City’s marijuana/cannabis regulations and any existing municipal code references
to medical marijuana dispensaries that are no longer necessary will be repealed as set forth in this
ordinance, if any.
J. The project was reviewed pursuant to the provisions of the California Environmental Quality Act
(CEQA). This project is exempt from the provisions of the California Environmental Quality Act
(CEQA) pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14, Chap-
ter 3, sections: 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indi-
rect physical change in the environment);
K. On August 20, 2018, the Planning Commission held a duly-noticed public hearing on the pro-
posed ordinance at 7:00 pm at the City Hall Council Chambers, 111 South First Street, Alhambra.
The Planning Commission found that the proposed ordinance is consistent with the General Plan
and recommended approval of the proposed ordinance.
L. At this hearing, the Planning Commission considered the staff report, staff presentation, applicant
presentation, and public testimony.

SECTION 2. ENVIRONMENTAL FINDINGS. The City Council exercises its independent

judgment and finds that this ordinance is not subject to the California Environmental Quality Act (CEQA)
pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, sections:
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in
the environment); 15060(c)(3) (the activity is not a project as defined in Section 15378); and 15061(b)(3),
because the activity is covered by the general rule that CEQA applies only to projects which have the po-
tential for causing a significant effect on the environment. The City has never allowed any commercial
cannabis activity under the City’s municipal code. The proposed ordinance, therefore, maintains the sta-
tus quo. Because there is no possibility that this ordinance may have a significant adverse effect on the
environment, the adoption of this ordinance is exempt from CEQA.

SECTION 3. ADDITION OF CHAPTER 23.87. Chapter 23.87 is added to Article 3 (General

Regulations) of Title XXIII (Zoning) of the Alhambra Municipal Code, as set forth in the attached Exhibit
A.

6
 SECTION 4. SECTIONS REPEALED. Sections 23.04.526 (definition of medical marijuana
dispensary) and 23.85.010.A (prohibited use of medical marijuana dispensaries) is repealed.

SECTION 5. ZONE TEXT AMENDMENT FINDINGS. Based upon the foregoing facts and
findings (Section 23.74.030 of the Alhambra Municipal Code) for Zone Text Amendment ZTA-18-3, the
Planning Commission hereby determines as follows:

A. The proposed amendment is consistent with the objectives, policies, general land uses and pro-
grams of the General Plan:

The proposed Ordinance will be consistent with the objectives, policies, general land uses and
programs of the General Plan under the Land Use Element. Section 4 of the General Plan Land
Use Element attempts to manage the use of land so growth, development and redevelopment occur
in an orderly and beneficial manner which recognizes and is sensitive to opportunities and con-
straints imposed by the City’s infrastructure and environmental and social resources.

B. The adoption of the proposed amendment would not be detrimental to the public interest:

The adoption of the proposed amendment will not be detrimental to the public interest. The City of
Alhambra desires to add Chapter 23.87 of its municipal code to conform to the recent State law
regulations concerning marijuana or, as it is now referred to, cannabis. As a result, Chapter 23.87
will contain the City’s marijuana/cannabis regulations and any existing municipal code references
to medical marijuana dispensaries that are no longer necessary will be repealed as set forth in the
proposed ordinance, if any.

SECTION 4. NOW THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of

Alhambra, California, as follows:

Approve Resolution No. 18-42, recommending approval of a Zone Text Amendment ZTA 18-3 to
the City Council for an Amendment to Title 23 by adding Chapter 23.87 of the Alhambra
Municipal Code related to cannabis facilities, cultivation and deliveries, and repealing Alhambra
Municipal Code Sections 23.04.526 AND 23.85.010A relating to medical marijuana dispensaries,
as identified in attached Exhibit A.

PASSED, APPROVED AND ADOPTED THIS 20TH DAY OF AUGUST, 2018.

_______________________________
DEBRA GARCIA, PRESIDENT
PLANNING COMMISSION

7
ATTEST:

__________________________________________
MARC CASTAGNOLA, AICP, SECRETARY
PLANNING COMMISSION

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF ALHAMBRA )

I, Marc Castagnola, AICP, Planning Commission Secretary of the City of Alhambra, do hereby certify
that forgoing Resolution was duly adopted by the Planning Commission of the City of Alhambra at a reg-
ular meeting thereof, held on the 20th day of August, 2018 by the following vote of the Planning Com-
mission:

AYES:

NOES:

ABSENT:

_______________________________
MARC CASTAGNOLA, AICP
SECRETARY
PLANNING COMMISSION

8
 EXHIBIT A

ORDINANCE NO. ________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALHAMBRA,
CALIFORNIA, ADDING CHAPTER 23.87 OF THE ALHAMBRA MUNICIPAL CODE,
RELATED TO CANNABIS FACILITIES, CULTIVATION AND DELIVERIES, AND
REPEALING AMC SECTIONS 23.04.526 AND 23.85.010A RELATING TO MEDICAL
MARIJUANA DISPENSARIES

THE CITY COUNCIL OF THE CITY OF ALHAMBRA DOES ORDAIN AS FOLLOWS:

SECTION 1. Findings.
A. As set forth in Alhambra Municipal Code section 23.85.010, the City of Alhambra (“City”)
prohibits medical marijuana dispensaries in all City zones. Under section 23.04.526,
medical marijuana dispensaries are defined as “any site, facility, location, use,
cooperative or business, including vending machines, which distributes, sells exchanges,
processes, delivers, gives away, or cultivates marijuana for medical purposes to qualified
patients, health care providers, patients’ primary caregivers, or physicians.”
B. On October 9, 2015, Assembly Bills 243 and 266 and Senate Bill 643 (collectively, the
“Medical Cannabis Regulation and Safety Act” or “MCRSA”) were enacted to create a
state regulatory and licensing system governing the cultivation, testing, and distribution of
medical marijuana, the manufacturing of medical marijuana products, and physician
recommendations for medical marijuana. MCRSA expressly preserved local control over
medical marijuana facilities and land uses, including the authority to prohibit medical
marijuana facilities and cultivation completely.
C. On November 8, 2016, the voters of the State of California approved Proposition 64,
entitled the “Control, Regulate and Tax Adult Use of Marijuana Act” (the “AUMA”), which
legalizes and regulates the adult use of non-medical marijuana (commonly referred to as
“recreational marijuana”) in California.
D. The AUMA legalized adult-use cannabis in California and requires adult-use cannabis
businesses, including cultivators, manufacturers, distributors, retailers, and testing
laboratories, to obtain a state license in order to operate lawfully. Under the AUMA,
individuals may possess and use specified amounts of cannabis and may cultivate up to
six cannabis plants per private residence. Under Health and Safety Code section
11362.2(b), cities may prohibit private outdoor cannabis cultivation, but may not prohibit
completely private indoor cultivation of six cannabis plants or less. Cities, however, may
reasonably regulate private indoor cultivation of six cannabis plants or less.
E. On June 27, 2017, the Governor signed Senate Bill 94, which repealed MCRSA and
incorporated provisions from MCRSA regarding medical marijuana in the AUMA, so that
the regulations governing both medical and non-medical marijuana were contained under
one regulatory structure. Senate Bill 94 renamed the AUMA as the Medicinal and Adult-
Use Cannabis Regulation and Safety Act (“MAUCRSA”). In addition to consolidating
state laws regarding medical marijuana and adult-use marijuana, Senate Bill 94
introduced more uniform terminology. Senate Bill 94 revised references in existing law
9
 from “marijuana” or “medical marijuana” to instead refer to “cannabis” or “medicinal
cannabis,” and revised references from “nonmedical” to “adult-use.”
F. MAUCRSA retains the provisions in MCRSA and the AUMA that granted local
jurisdictions control over whether commercial cannabis activity could occur in a particular
jurisdiction.
G. Specifically, California Business and Professions Code section 26200 provides that
MAUCRSA is not to be interpreted to supersede or limit the authority of a local jurisdiction
to adopt and enforce local ordinances that completely prohibit the establishment or
operation of cannabis-related businesses within that local jurisdiction.
H. Due to these changes, the City has adopted Ordinance Nos. O2M16-4707, O2M17-4708,
and O2M17-4725, which imposed a moratorium on private marijuana cultivation and non-
medical marijuana facilities. This moratorium is set to expire on December 10, 2018.
I. The City desires to add Chapter 23.87 of its municipal code to conform to the recent
State law regulations concerning marijuana or, as it is now referred to, cannabis. As a
result, Chapter 23.87 will contain the City’s marijuana/cannabis regulations and any
existing municipal code references to medical marijuana dispensaries that are no longer
necessary will be repealed as set forth in this ordinance, if any.
J. On August 20, 2018, the Planning Commission held a duly-noticed public hearing on the
proposed ordinance. The Planning Commission found that the proposed ordinance is
consistent with the General Plan and recommended approval of the proposed ordinance.
K. On _______________, 2018, the City Council held a public hearing, at which time all
persons interested in the proposed ordinance had the opportunity to address the City
Council. Following the receipt of public testimony the City Council closed the public
hearing. The City Council has reviewed all the information presented at the hearing and
included as part of the record.
SECTION 2. Environmental Findings. The City Council exercises its independent
judgment and finds that this ordinance is not subject to the California Environmental Quality Act
(CEQA) pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14,
Chapter 3, sections: 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment); 15060(c)(3) (the activity is not a project as defined
in Section 15378); and 15061(b)(3), because the activity is covered by the general rule that
CEQA applies only to projects which have the potential for causing a significant effect on the
environment. The City has never allowed any commercial cannabis activity under the City’s
municipal code. The proposed ordinance, therefore, maintains the status quo. Because there is
no possibility that this ordinance may have a significant adverse effect on the environment, the
adoption of this ordinance is exempt from CEQA.
SECTION 3. Addition of Chapter 23.87. Chapter 23.87 is added to Article 3 (General
Regulations) of Title XXIII (Zoning) of the Alhambra Municipal Code, as set forth in the attached
Exhibit 1.
SECTION 4. Sections Repealed. Sections 23.04.526 (definition of medical marijuana
dispensary) and 23.85.010.A (prohibited use of medical marijuana dispensaries) are repealed.
SECTION 5. Severability. If any section, subsection, sentence, clause, or phrase of this
ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of
10
competent jurisdiction, such decision will not affect the validity of the remaining portions of this
ordinance. The City Council hereby declares that it would have passed this ordinance and each
and every section, subsection, sentence, clause, or phrase not declared invalid or
unconstitutional without regard to whether any portion of the ordinance would be subsequently
declared invalid or unconstitutional.
SECTION 6. Publication. The City Clerk is directed to certify this ordinance and cause
it to be published in the manner required by law.
PASSED, APPROVED, AND ADOPTED _______________, 2018.

___________________________
Jeffrey Maloney, Mayor

Attest:

_____________________________
Lauren Myles, City Clerk

APPROVED AS TO FORM

__________________________________
Joseph M. Montes, City Attorney

I, Lauren Myles, City Clerk of the City of Alhambra, certify Ordinance No.______ was
adopted by the City Council at a regular meeting held ____________, 2018, by the following
vote:

AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
________________________
Lauren Myles, City Clerk

11
 EXHIBIT 1

Chapter 23.87– CANNABIS FACILITIES, CULTIVATION, AND DELIVERIES.

23.87.010 - DEFINITIONS.

The following words used in this chapter are defined as follows:

“Cannabis” has the meaning set forth in Business and Professions Code section 26001(f) and in-
cludes 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 prepara-
tion 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. “Cannabis” does not mean “industrial hemp” as defined by
section 11018.5 of the Health and Safety Code.

“Commercial cannabis activity” has the meaning set forth in Business and Professions Code sec-
tion 26001(k), and as that provision may be amended subsequently.

“Commercial cannabis facility” means any building, facility, use, establishment, property, or loca-
tion where any person or entity establishes, commences, engages in, conducts, or carries on, or permits
another person or entity to establish, commence, engage in, conduct, or carry on, any commercial canna-
bis activity that requires a state license or nonprofit license under Business and Professions Code sections
26000 and following, including but not limited to cannabis cultivation, cannabis distribution, cannabis
transportation, cannabis storage, manufacturing of cannabis products, cannabis processing, cannabis de-
liveries, the sale of any cannabis or cannabis products, and the operation of a cannabis microbusiness.

“Cultivation” has the meaning set forth in Business and Professions Code section 26001(l) and in-
cludes any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of
cannabis.

"Medicinal cannabis" or “medical cannabis” is cannabis used for medical purposes where that
medical use is deemed appropriate and has been recommended by a physician who has determined that
the person's health would benefit from the use of cannabis in the treatment of acquired immune deficiency
syndrome ("AIDS"), anorexia, arthritis, cancer, chronic pain, glaucoma, migraine, spasticity, or any other
serious medical condition for which cannabis is deemed to provide relief as defined in subsection (h) of
Health and Safety Code § 11362.7.

"MAUCRSA" means the Medicinal and Adult-Use Cannabis Regulation and Safety Act as codi-
fied in Division 10 of the Business and Professions Code, as the same may be amended from time to time.

“Primary caregiver” has the meaning set forth in Health and Safety Code sections 11362.5(e) and
11362.7(d).

"Private residence" means a house, an apartment unit, condominium, or other similar dwelling.

12
 “Qualified patient” has the meaning set forth in Health and Safety Code section 11362.7(f).

23.87.020 – PURPOSE AND INTENT.

The purpose and intent of this chapter is to prohibit commercial cannabis facilities and to regulate
cannabis cultivation, as defined above, within the city limits. It is recognized that it is a federal violation
under the Controlled Substances Act to possess or distribute cannabis even if for medical purposes.
Additionally, there is evidence of an increased incidence of crime-related secondary impacts in locations
associated with a cannabis facility, which is contrary to policies that are intended to promote and maintain
the public's health, safety, and welfare.

23.87.030 – COMMERCIAL CANNABIS FACILITIES AND CANNABIS DELIVERIES.

(A) Commercial cannabis facilities are prohibited in all zones in the city. No person or entity may
establish or operate a commercial cannabis facility within city limits.
(B) No property owner may allow its property to be used by any person or entity as a commercial
cannabis facility.
(C) The delivery of cannabis to any person within the city limits is prohibited, except for deliveries
of medicinal cannabis by a primary caregiver to one of the primary caregiver’s qualified pa-
tients and these deliveries by the primary caregiver are subject to the following requirements:
(1) deliveries are only permitted to occur from the hours of 7:00 am to 8:00 pm; (2) The deliv-
ery must be in an unmarked vehicle and (3) deliveries are only permitted to a private home,
apartment or residential condominium.
(D)This chapter is not intended to prohibit any commercial or non-commercial cannabis activity
that the city is required by state law to permit within its jurisdiction pursuant to MAUCRSA.

23.87.040 – CANNABIS CULTIVATION.

No person may cultivate cannabis at any location within the city, except that a person may culti-
vate no more than six living cannabis plants inside a private residence, or inside an accessory structure to
a private residence located upon the grounds of that private residence, provided that such cannabis culti-
vation is in compliance with all of the following requirements and restrictions:
(A) The cultivation occurs in residences and/or accessory structures that are fully enclosed and se-
cured against unauthorized entry. If the accessory structure is a garage, the person cultivating
inside that garage must not do so in a way that reduces the garage’s ability to provide covered
parking as otherwise required by this Code.
(B) The owner of the private residence has provided written consent allowing cannabis cultivation
to occur at the private residence.
(C) The cultivation complies with all applicable building code requirements set forth in the Al-
hambra Municipal Code.
(D) There is no use of gas products (CO2, butane, propane, natural gas, etc.) on the property for
purposes of cannabis cultivation.
(E) Pursuant to Health and Safety Code section 11362.2(a)(3), no more than six living plants may
be planted, cultivated, harvested, dried, or processed within a single private residence, or upon
the grounds of that private residence, at one time.
(F) Indoor grow lights used for cannabis cultivation do not exceed 1,000 watts per light.
(G) Adverse impacts of cannabis cultivation are mitigated so that a public nuisance, as defined by
Civil Code section 3480, does not exist, including but not limited to adverse impacts of odors
or the use or storage of hazardous materials, processes, products, or wastes.

13
 (H) A portable, working, fire extinguisher must be kept in the same room or structure where can-
nabis cultivation is occurring.
(I) Cannabis and cannabis infused products must be disposed in a secure waste receptacle located
on the residential property. Disposed cannabis plants and products must be rendered unusable
and unrecognizable by grinding and incorporating cannabis waste with any non-consumable
solid waste with a resulting mixture of at least 50 percent non-cannabis waste.

23.87.050 – VIOLATION.
Violation of any provision of this chapter is subject to enforcement remedies and penalties as set
forth in Alhambra Municipal Code or applicable law.

23.87.050 – CIVIL PENALTIES.

Any violation of this section is declared to be a public nuisance per se and contrary to the public
interest and will at the discretion of the city, be subject to a cause of action for injunctive relief. In
addition to any other method of enforcement, the City Attorney may bring a civil action for injunctive
relief and civil penalties against any person or entity that violates this chapter. In any civil action brought
pursuant to this section, a court of competent jurisdiction may award reasonable attorneys’ fees and costs
to the prevailing party as provided in Alhambra Municipal Code section 1.12.090.

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