Chapter 9.14
PERSONAL HOME CANNABIS CULTIVATION
Sections:
9.14.040 Performance standards.
9.14.050 Retaliation prohibited.
9.14.080 Remedies cumulative – Each day a separate offense.
9.14.090 No criminal penalties.
9.14.010 Purpose.
The purpose of this chapter is to reasonably regulate but not prohibit the indoor cultivation of cannabis for the personal use of an adult cultivator 21 years and older to address public health, safety, and welfare concerns, including those related to odor, lighting, noise, health, safety, and access to minors. This chapter establishes development criteria and operating standards for personal cannabis cultivation for medical or adult use. Cultivation of cannabis for personal use shall be subject to the following standards and limitations:
Nothing in this chapter shall be construed to permit or allow any activity related to cannabis that is prohibited by state or federal law or not conducted in accordance with other applicable regulations. This section does not grant, nor purports to grant, any person independent legal authority to cultivate cannabis. This chapter imposes regulations on the cultivation of cannabis which are authorized by California State law.
No part of this chapter shall be deemed to conflict with federal law as contained in the Controlled Substances Act, 21 U.S.C. 800 et seq., nor to otherwise permit any activity that is prohibited under that Act or any other local, state, or federal law, statute, rule, or regulation.
(Ord. 1934, Added, 12/11/2018)
9.14.020 Definitions.
Those definitions contained in Section 9.13.060, Definitions, are incorporated herein by reference, and shall apply to this chapter. In addition, the following terms shall have the following meanings:
“Accessory building” means a fully enclosed building with walls and a roof, detached from and incidental to the main private residence on the same lot, and not designed or used for human habitation. Examples of accessory buildings include, but are not limited to, storage sheds, greenhouses, or gazebos. Accessory buildings do not include accessory dwelling units, carports, tents, patio covers, pergolas, or decks.
“Attached building” means a fully enclosed building with walls and a roof, attached to and incidental to the main private residence on the same lot, and not designed or used for human habitation. Examples of attached buildings include, but are not limited to, attached garages, attached solarium rooms, and attached storage rooms. Attached buildings do not include accessory dwelling units, carports, tents, patio covers, pergolas, or decks.
“Filtered ventilation” means the use of a mechanical ventilation device with an air filter which, when ducted to the exterior of the structure/building, draws out stale, impure and humid air to improve the quality of indoor air, to reduce accumulation of molds, and to reduce exterior odors.
“Indoor” means completely within a dwelling unit, attached building, or accessory building.
“Juvenile” means any natural person who is under the age of 21 years.
“Outdoor cannabis cultivation” means cultivation of cannabis not within a dwelling unit, attached building, or accessory building.
“Personal home cannabis cultivation” means cultivation of cannabis by an adult 21 years or older within the full time private residence of that particular adult for the exclusive personal use of an adult 21 years or older.
“Private residence” means a legally existing dwelling unit, as defined in Chapter 14.02 of this code, and other areas on the same lot designated for the exclusive use of the residents of that dwelling unit, such as patios, balconies, garages, and accessory buildings. For a lot containing only one single-family dwelling, “private residence” includes the entire lot.
“Room” means a room in a private residence with at least one exterior window and at least one
interior door. The term “room” does not include a bathroom.
(Ord. 1934, Added, 12/11/2018)
9.14.030 Prohibition.
A. Cannabis plants shall not be located in any illegal accessory structure/building, illegal attached building, or illegal private residence. Outdoor cannabis cultivation is expressly prohibited within the City of Vacaville. Cannabis plants shall not be visible from a public right-of-way.
B. All commercial cannabis activities are expressly prohibited within residential zones. Personal home cultivation shall not include any commercial cannabis activities.
C. The use of gas products (CO2, butane, etc.), including, but not limited to, “volatile solvents” as defined by California Health and Safety Code Section 11362.3, as amended from time to time, shall be prohibited for cannabis cultivation, processing, or manufacturing.
D. Any cannabis activity is expressly prohibited on any public lands.
(Ord. 1934, Added, 12/11/2018)
9.14.040 Performance standards.
Personal home cannabis cultivation not meeting any of the following performance standards and state law is a violation of this chapter:
A. The cultivation may not occur any place other than indoors at a private residence within a room in the dwelling unit, within a fully enclosed attached building, or within an accessory building.
B. The private residence where the cultivation is occurring must be lawfully occupied by the adult cultivating the cannabis plants within the private residence.
C. No more than six cannabis plants may be located anywhere at the private residence.
D. The cannabis cultivation area shall have a least one window and one door. Such cultivation area shall not be a bathroom.
E. In private residences where juveniles reside, cannabis cultivation and storage of cannabis shall remain in a room, attached building, or accessory building with locking doors, and shall remain out of the reach and unobtainable by juveniles.
F. There shall be no exterior evidence of cannabis cultivation observable from a public right-of-way.
G. The private residence shall maintain kitchen, living rooms, dining rooms, bathrooms, and other general common spaces for their intended use and not be used primarily or exclusively for cannabis cultivation.
H. The cannabis cultivation area shall be in compliance with Division 15.20, Building, Construction and Fire Code, of this code.
I. Required permits shall be obtained for the installation or construction of accessory buildings, attached buildings, walls, doors, plumbing or electrical fixtures, or other improvements related to the cannabis cultivation prior to any commencement of any cannabis cultivation. Any installation or construction of any improvements related to the cannabis cultivation shall be completed prior to any commencement of any cannabis cultivation.
J. If an accessory building is used as a cannabis cultivation area, the accessory building shall be a minimum of five feet from the property line and from the main dwelling unit.
K. Any room within a dwelling unit, any attached building, or any accessory building used for cannabis cultivation shall include odor control filtration and ventilation systems.
L. Electrical extension or other flexible cords and cables used as stated in subsections L.(1) through (5) of this section, or any other use in violation of the applicable electrical codes are not permitted:
1. As a substitute for the fixed wiring of the structure;
2. Running through holes in walls, ceilings or floors;
3. Running through doorways, windows or similar openings;
4. Attached to building surfaces; or
5. Concealed behind building walls, ceilings, or floors.
(Ord. 1950, Amended, 01/14/2020; Ord. 1934, Added, 12/11/2018)
9.14.050 Retaliation prohibited.
No person shall intimidate, threaten any reprisal, or effect any reprisal, for the purpose of retaliating again another person who seeks to obtain compliance with this chapter.
(Ord. 1934, Added, 12/11/2018)
9.14.060 Public nuisance.
It is hereby declared to be unlawful for any person to create a public nuisance in the course of personal home cannabis cultivation. A public nuisance may be deemed to exist if such activity produces:
A. Excessive odors, excessive noise, or excessive direct lighting which would cause annoyance or discomfort to reasonable persons of normal sensitivity. The City is not required to investigate such complaints unless it is in receipt of a written request to abate signed by three or more persons having separate residences in the neighborhood. Notwithstanding this requirement, the City may investigate such complaints upon receipt of a writing in which such resident(s) can demonstrate to the satisfaction of the enforcement officer that the resident(s) has made a good faith effort to obtain the signatures of other residents in the neighborhood or can demonstrate that it is not possible to obtain such other signatures, as in the case where there are less than three occupied residences in the neighborhood.
B. Repeated response to the parcel, property, and/or private residence where personal cannabis cultivation is occurring, from law enforcement officers, code enforcement officers, building inspectors, or any other regulatory body.
C. A repeated disruption to the free passage of any person or vehicle in the immediate neighborhood.
D. Any use or condition caused, or permitted to exist, in violation of any provision of this chapter or any other applicable law, rule or regulation, shall be and is hereby declared to be a public nuisance.
(Ord. 1934, Added, 12/11/2018)
9.14.070 Civil penalties.
A. Chapter 1.28 of this code, other than Section 1.28.120, is incorporated herein by reference, and shall apply to this chapter. Pursuant to Government Code Sections 36901 and 53069.4, as amended from time to time, any violation of this chapter may be punishable as an administrative fine, within the discretion of the enforcement officer. The fines shall be levied as follows:
1. A fine not exceeding one hundred dollars for the first violation;
2. A fine not exceeding two hundred dollars for the second violation within any consecutive 12-month period; and
3. A fine not exceeding five hundred dollars for the third or subsequent violation within any consecutive 12-month period.
B. The administrative fines shall constitute a civil debt owing to the City jointly and severally by the owner or other responsible person. The debt shall be collectible in the same manner as any other civil debt owing to the City.
C. In addition to any other enforcement permitted by this chapter, 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 chapter, a court of competent jurisdiction may award reasonable attorneys’ fees and costs to the prevailing party.
(Ord. 1934, Added, 12/11/2018)
9.14.080 Remedies cumulative – Each day a separate offense.
Any person subject to this chapter who personally, or through an agent, employee, independent contractor, or other intermediary, violates any provision of this chapter shall be guilty of a separate offense for each and every day during any portion of which any such violation is committed, continued or permitted to exist by such person. All remedies provided herein shall be cumulative and not exclusive.
(Ord. 1934, Added, 12/11/2018)
9.14.090 No criminal penalties.
The restrictions imposed pursuant to this chapter do not constitute a criminal offense. Notwithstanding any other provision of this code, the City does not impose a criminal penalty for violations of the provisions of this chapter.
(Ord. 1934, Added, 12/11/2018)