Ordinance No. 1167ORDINANCE NO. 1167
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, ADDING CHAPTER 151 (PERSONAL MARIJUANA CULTIVATION),
AND CHAPTER 15J (MARIJUANA USES AND ACTIVITIES PROHIBITED),
TO THE CODE OF THE CITY OF CYPRESS; AND, AMENDING ARTICLE 6
(DEFINITIONS), AND ZONING TABLES OF SECTIONS 2.05.030, 2.06.030, 2.07.030,
AND 2.08.030 OF ARTICLE 2 (ZONING DISTRICTS AND ALLOWABLE LAND USES),
OF APPENDIX I (ZONING) OF THE CODE OF THE CITY OF CYPRESS,
RELATING TO MARIJUANA USES, ACTIVITIES AND PERSONAL CULTIVATION
WHEREAS, in 1996 California voters approved Proposition 215, the Compassionate
Use Act ( "CUA "), codified as Health and Safety Code §11362.5, to exempt certain patients
and their primary caregivers from criminal liability under state law for the possession and
cultivation of marijuana for medical purposes; and
WHEREAS, in 2003 the California legislature enacted Senate Bill 420, the Medical
Marijuana Program Act ( "MMPA "), codified as Health & Safety Code §§ 11362.7, et seq.,
and as later amended, to clarify the scope of the Compassionate Use Act of 1996 relating
to the possession and cultivation of marijuana for medical purpose, and to authorize local
governing bodies to adopt and enforce laws consistent with its provisions; and
WHEREAS, in October 2015, the State of California adopted AB 266, AB 243, and
SB 643, collectively referred to as the Medical Cannabis Regulation and Safety Act
( "MCRSA "), which established a comprehensive regulatory and licensing scheme for
commercial medical marijuana operations; and
WHEREAS, at the November 8, 2016 general election, the Control, Regulate and
Tax Adult Use of Marijuana Act ( "AUMA ") was approved by California voters as Proposition
64, which established a comprehensive regulatory and licensing scheme for commercial
recreational (adult use) marijuana operations, and which also legalized limited personal
recreational marijuana use, possession, and cultivation; and
WHEREAS, on June 27, 2017 Governor Brown signed Senate Bill 94, the Medicinal
and Adult Use Cannabis Regulation and Safety Act ( "MAUCRSA "), which merged the
regulatory regimes of MCRSA and AUMA; and
WHEREAS, the MAUCRSA provides that the State of California will begin issuing
licenses in 2018 for both medical and recreational marijuana businesses in 20 different
categories, which are found in Business & Professions Code § 26050, and which
categories include marijuana cultivation, manufacturer, testing, retailer, distributor, and
microbusiness; and
WHEREAS, the MAUCRSA, Business & Professions Code § 26200(a)(1), provides
that local jurisdictions may completely prohibit the establishment or operation of any or all
of the 20 different medical and recreational business operations to be licensed by the state
under Business & Professions Code § 26050; and
WHEREAS, the MAUCRSA, Business & Professions Code § 26055(d), provides that
a state commercial marijuana license may not be issued to an applicant whose operations
would violate the provisions of any local ordinance or regulation; and
WHEREAS, the City Council of Cypress now desires to expressly prohibit, to the
fullest extent allowed under state law, any and all commercial medical and /or recreational
marijuana activity, including all of the 20 different MAUCRSA state license categories for
both medical and recreational commercial marijuana businesses described above (and as
may be amended); and
WHEREAS, the AUMA, Health & Safety Code § 11362.1(a)(3), makes it lawful for
any person 21 years of age or older to "[p]ossess, plant, cultivate, harvest, dry, or process
not more than six living marijuana plants and possess the marijuana produced by the
plants "; and
WHEREAS, the AUMA, Health & Safety Code § 11362.2(b)(3), explicitly allows a city
to "completely prohibit persons from engaging in [the personal cultivation of marijuana]
outdoors upon the grounds of a private residence "; and
01004.0001/401126.6 1
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WHEREAS, the AUMA, Health & Safety Code § 11362.2(b), explicitly allows a city tai'
"enact and enforce reasonable regulations to reasonably regulate" the cultivation of
marijuana permitted under Health & Safety Code § 11362.1(a)(3), so long as the city does
not completely prohibit the cultivation of up to six plants "inside a private residence, or
inside an accessory structure to a private residence located upon the grounds of a private
residence that is fully enclosed and secure "; and
WHEREAS, the AUMA, Health & Safety Code § 11362.2(a)(2), further restricts such
personal marijuana cultivation so that "[t]he living plants and any marijuana produced by
the plants in excess of 28.5 grams are kept within the person's private residence, or upon
the grounds of that private residence, are in a locked space, and are not visible by normal
unaided vision from a public place "; and
WHEREAS, several California cities have reported negative impacts of marijuana
cultivation and related activities, including but not limited to offensive odors, criminal
activity, (such as trespassing, theft, violent robberies and robbery attempts, and the illegal
sale and distribution of marijuana), and public health and safety concerns (such as fire
hazards and problems associated with mold, fungus, and pests); and
WHEREAS, marijuana plants, as they begin to flower and for a period of two months
or more, produce a strong odor, offensive to many people, and detectable far beyond
property boundaries if grown outdoors or if grown indoors without proper ventilation, odor
control, and other regulations; and
WHEREAS, due to the value of marijuana plants and their strong smell (which alerts
others to their location), marijuana cultivation has been linked to break -ins, robbery, armed
robbery, theft and attendant violence and injury, creating an increased risk to public safety;
and
WHEREAS, the indoor cultivation of marijuana has potential adverse effects on the
structural integrity of the buildings in which marijuana is cultivated, and the use of high
wattage grow lights and excessive use of electricity increases the risk of fire, which
presents a clear and present danger to the buildings, its occupants, and neighboring
buildings and residents; and
WHEREAS, unregulated indoor cultivation of marijuana can be harmful to the public
health, safety and welfare, because electrical modifications risk fires, poor irrigation can
cause mold, overloaded circuits can leave entire neighborhoods in the dark, plant
chemicals can cause illness and can contaminate soil and water, improper carbon dioxide
mixed with insufficient ventilation can cause injury or death, and structural changes put first
responders in danger if they rush into the unknown; and
WHEREAS, the Attorney General's August 2008 Guidelines for the Security and
Non - Diversion of Marijuana Grown for Medical Use recognize that the cultivation or other
concentration of marijuana in any location or premises without adequate security increases
the risk that nearby homes or businesses may be negatively impacted by nuisance activity
such as loitering and /or crime; and
WHEREAS, marijuana cultivation is likely to generate these negative effects on the
public health, safety, and welfare in the city, based on the experiences of other cities; and
WHEREAS, absent clear regulation, marijuana cultivation in the city poses a
potential threat to the public peace, health, and safety, and, unless the city takes action to
regulate it, the secondary impacts described above are likely to occur; and
WHEREAS, the city has a compelling interest in protecting the public health, safety,
and welfare of its citizens, residents, visitors, and businesses, and in preserving the peace
and quiet of the neighborhoods within the city, by prohibiting outdoor marijuana cultivation
and by regulating the personal indoor cultivation of marijuana; and
WHEREAS, pursuant to the above - described express statutory authority and its
police power, the city has the authority to prohibit outdoor marijuana cultivation, and to
enact reasonable regulations for the indoor personal cultivation of up to six marijuana
plants, to protect the public health, safety and welfare, by adding a new Chapter 151
"Personal Cultivation of Marijuana" to the Cypress City Code; and
01004.0001/401126.6 2
WHEREAS, this ordinance is enacted, consistent with the Compassionate Use Act
of 1996, the Medical Marijuana Program Act of 2003, the Medical Cannabis Regulation and
Safety Act of 2015, the Adult Use of Marijuana Act of 2016, and the Medicinal and Adult
Use of Cannabis Regulation and Safety Act of 2017, to protect the public health, safety,
and welfare of the public in relation to marijuana - related uses and activities; and
WHEREAS, pursuant to the above - described express statutory authority and the
city's police power, the city has the authority to prohibit all commercial marijuana activities
(whether not - for - profit or for - profit) that may otherwise be permitted by the State of
California under the MCRSA, the AUMA, and the MAUCRSA, by adding a new Chapter 15J
( "Marijuana Uses and Activities Prohibited ") to the Cypress City Code, and by amending
Appendix 1 (Zoning) of the Cypress City Code; and
WHEREAS, nothing in this ordinance shall be construed to: (1) allow any person to
engage in conduct that endangers others or causes a public nuisance; or (2) allow any
activity relating to the cultivation, distribution, or consumption of marijuana that is illegal
under state or federal law; and
WHEREAS, all legal prerequisites to the adoption of this ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY MAKES
THE FOLLOWING FINDINGS:
A. The recitals set forth above are all true and correct and are incorporated herein.
B. The prohibitions on marijuana uses and activities established by this ordinance are
necessary to protect the public health, safety and welfare, and are enacted pursuant
to the authority granted to the city by the state.
C. The regulation of indoor personal marijuana cultivation established by this ordinance
is reasonable and necessary to protect the public health, safety and welfare, and are
enacted pursuant to the authority granted to the city by the state.
SECTION 2. A NEW CHAPTER 151, "PERSONAL MARIJUANA CULTIVATION," IS
HEREBY ADDED TO THE CYPRESS CITY CODE TO READ AS FOLLOWS:
"Chapter 151. PERSONAL MARIJUANA CULTIVATION.
Sec. 151 -1. Purpose and intent.
Sec. 151 -2. Definitions.
Sec. 151 -3. Personal marijuana cultivation.
Sec. 151 -4. Complaint and Inspection.
Sec. 151 -5. Violations and penalties; public nuisance.
Sec. 151 -1. Purpose and intent.
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 & Safety Code, and as may be amended, for the
indoor cultivation of up to six (6) marijuana plants at a private residence.
Sec. 151 -2. Definitions.
The following words and phrases shall, for the purposes of this chapter, have the meanings
respectively ascribed to them by this section, as follows:
(a) "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.
01004.0001/401126.6 3
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(b) "Cultivation" means any activity involving the planting, growing, harvesting, drying,
curing, grading, or trimming of one or more marijuana plants or any part thereof.
(c) "Cultivation site" means the real property on which marijuana cultivation occurs.
(d) "Director" means the Director of Community Development for the City of Cypress, or
his or her designee.
(e) "Marijuana" has the same definition as provided in Section 26001 of the Business &
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."
(f) "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.
(g) "Private residence" has the same meaning as the term is defined in Section
11362.2(b)(5) of the Health & 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."
Sec. 151 -3. Personal marijuana cultivation.
(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 (6) 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 (6) living plants and any marijuana produced by the
plants in excess of 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 (6) living plants and any marijuana produced by the plants in
excess of 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.
01004.0001/401126.6 4
(7) Electricity.
a. 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.
b. 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:
a. not exceed the rated wattage and capacity of the circuit breaker; and
b. 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:
a. include a fully functional and usable kitchen, as well as bathroom and
bedroom areas, for use by occupants of a private residence; and
b. 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).
Sec. 151 -5 Complaint and Inspection
Upon receipt of a complaint alleging violation of this chapter, city shall inspect the private
residence that is the subject of a complaint. However, 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.
Sec. 151 -5. Violations and penalties; public nuisance
(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 111 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
111 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.
01004.0001/401126.6 5
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SECTION 3. A NEW CHAPTER 15J, "MARIJUANA USES AND ACTIVITIES
PROHIBITED," IS HEREBY ADDED TO THE CYPRESS CITY CODE TO READ IN ITS
ENTIRETY AS FOLLOWS:
"Chapter 15J MARIJUANA USES AND ACTIVITIES PROHIBITED
Sec. 15J -1. Purpose and intent.
Sec. 15J -2. Definitions.
Sec. 15J -3. Prohibition of commercial marijuana activities.
Sec. 15J -4. Violations and penalties; public nuisance.
Sec. 15J -1. Purpose and intent.
(a) In order to preserve the public health, safety, and welfare of the residents and
businesses of the city, all marijuana - related businesses, activities and uses are
prohibited, unless local control is otherwise preempted by state law, and except as
provided for by Chapter 151 (Personal Marijuana Cultivation).
(b) This chapter is not intended to interfere with a patient's right to medical marijuana as
provided for in Section 11362.5 of the Health & Safety Code.
Sec. 15J -2. Definitions.
The following words and phrases shall, for the purposes of this chapter, have the meanings
respectively ascribed to them by this section, as follows:
(a) "Cannabis" has the same definition as "marijuana" provided in this Chapter.
(b) "Commercial marijuana activity" includes the cultivation, possession, manufacture,
distribution, processing, storing, laboratory testing, packaging, labeling,
transportation, delivery, or sale of marijuana and marijuana products; except, as
applicable, as set forth in Chapter 151 (Personal Cultivation of Marijuana) of this
Code.
(c) "Cultivation" means any activity involving the planting, growing, harvesting, drying,
curing, grading, or trimming of marijuana.
(d) "Delivery" means the commercial transfer of marijuana or marijuana products to a
customer, and includes the use of any technology platform owned and controlled by
the same person making such use.
(e) "Distribution" means the procurement, sale, and transport of marijuana and
marijuana products between entities licensed for and /or engaged in commercial
marijuana activities.
(f) "Distributor" means a person engaged in distribution.
(g) "Manufacture" means to compound, blend, extract, infuse, or otherwise make or
prepare a marijuana product.
(h) "Manufacturer" means a person that conducts the production, preparation,
propagation, or compounding of marijuana or marijuana products either directly or
indirectly or by extraction methods, or independently by means of chemical
synthesis, or by a combination of extraction and chemical synthesis at a fixed
location that packages or repackages marijuana or marijuana products or labels or
relabels its container.
(i) "Marijuana" has the same definition as provided in Section 26001 of the Business &
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
01004.0001/401126.6 6
,05
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."
(j) "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 marijuana, or an edible or topical product containing marijuana or
concentrated marijuana and other ingredients.
(k) "Medical marijuana" or "medical marijuana product" means marijuana or a marijuana
product used for medical purposes in accordance with state law, including the
Compassionate Use Act (Health and Safety Code § 11362.5) and the Medical
Marijuana Program Act (Health and Safety Code §§ 11362.7, et seq.).
(I) "Microbusiness" shall have the same definition as provided for in Section 26070 of
the Business and Professions Code, and as may be amended from time to time.
(m) "Nursery" means a person that produces only clones, immature plants, seeds, and
other agricultural products used specifically for the planting, propagation, and
cultivation of marijuana.
(n) "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.
(o) "Retailer" shall mean a person engaged in the retail sale and delivery of marijuana
or marijuana products to customers.
(p) "Testing laboratory" means a laboratory, facility, or entity that offers or performs
tests on marijuana or marijuana products.
Sec. 15J -3. Prohibition of commercial marijuana activities.
(a) All commercial marijuana activities, whether medical or recreational (adult use) and
including non - profit operations, are expressly prohibited in all zones (except for as
preempted by state law). No person shall establish, operate, conduct, or allow
commercial marijuana activities anywhere within the city except for as preempted by
state law.
(b) The city shall not issue any permit, license, or entitlement for any commercial
marijuana activity (except for as preempted by state law), including, but not limited
to, any activity covered by the state license classifications listed below as provided
for in Section 26050 of the Business & Professions Code:
1. Type 1 = Cultivation; Specialty outdoor; Small.
2. Type 1A = Cultivation; Specialty indoor; Small.
3. Type 1B = Cultivation; Specialty mixed - light; Small.
4. Type 1C = Cultivation; Specialty cottage; Small.
5. Type 2 = Cultivation; Outdoor; Small.
6. Type 2A = Cultivation; Indoor; Small.
7. Type 2B = Cultivation; Mixed - light; Small.
8. Type 3 = Cultivation; Outdoor; Medium.
9. Type 3A = Cultivation; Indoor; Medium.
10. Type 3B = Cultivation; Mixed - light; Medium.
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11. Type 4 = Cultivation; Nursery.
12. Type 5 = Cultivation; Outdoor; Large.
13. Type 5A= Cultivation; Indoor; Large
14. Type 5B = Cultivation; Mixed - light; Large.
15. Type 6 = Manufacturer 1.
16. Type 7 = Manufacturer 2.
17. Type 8 = Testing laboratory.
18. Type 10 = Retailer.
19. Type 11 = Distributer.
20. Type 12 = Microbusiness.
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(c) This prohibition includes any activities authorized under new or revised state
licenses, or any other state authorization, to allow any type, category or
classification of medical or recreational (adult use) marijuana commercial activities,
or similar operations, including non - profit, collective or cooperative operations.
(d) The prohibition provided by this section includes medical marijuana collectives and
cooperatives that operate pursuant to Section 11362.775 of the Health & Safety
Code, the Compassionate Use Act, or otherwise.
(e) Limited Exemption for Medical Marijuana Deliveries. The general prohibition on all
commercial marijuana activities in above subsection (a) does not apply to the
delivery of medical marijuana or medical marijuana products by a retailer,
microbusiness, or non - profit operation delivering medical marijuana or medical
marijuana products located outside the City to a qualified patient or primary
caregiver located within the City, provided that the retailer, microbusiness, or non-
profit operation delivering medical marijuana or medical marijuana products has
complied with all applicable laws, including without limitation this Code, State law,
and the laws of the jurisdiction governing the retailer, microbusiness, or non - profit
operation delivering medical marijuana or medical marijuana products.
Sec. 15J-4. Violations and penalties; public nuisance
(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 commercial marijuana activity 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 commercial marijuana activity constitutes 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.
01004.0001/401126.6 8
SECTION 4. SECTION 6.31.020 (DEFINITIONS OF SPECIALIZED TERMS AND
PHRASES), OF ARTICLE 6 (DEFINITIONS), APPENDIX I (ZONING) OF THE CYPRESS
CITY CODE IS HEREBY AMENDED AS FOLLOWS:
A. The definition for "Marijuana" is hereby amended to read, in its entirety, as follows:
Marijuana has the same definition as provided in Section 26001 of the Business &
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."
B. The definition for "Marijuana cultivation" is hereby amended to read, in its entirety,
as follows:
Marijuana cultivation means any activity involving the planting, growing, harvesting, drying,
curing, grading, or trimming of marijuana.
C. The definitions for "Marijuana dispensary" and "Marijuana processing" are hereby
repealed in their entirety.
D. The term "Commercial marijuana activity" is hereby added as follows:
Commercial marijuana activity includes the cultivation, possession, manufacture,
distribution, processing, storing, laboratory testing, packaging, labeling, transportation,
delivery, or sale of marijuana and marijuana products, including but not limited to as those
terms are defined in Sec. 15J -2 (Definitions); except, as applicable, as set forth in Chapter
151 (Personal cultivation of marijuana) of this Code, or as preempted by state law."
SECTION 5. ZONING TABLES OF VARIOUS SECTIONS OF ARTICLE 2 (ZONING
DISTRICTS AND ALLOWABLE USES) OF APPENDIX 1 (ZONING) OF THE CYPRESS
MUNICIPAL CODE ARE HEREBY AMENDED AS FOLLOWS:
A. Table 2 -2 (Allowable uses and permit requirements for residential zoning districts) of
Section 2.05.030 (Residential zoning district land uses and permit requirements) is
hereby amended as follows:
i. The existing reference to the land uses of "Marijuana Cultivation," "Marijuana
Dispensary," and "Marijuana Processing" are hereby deleted in their entirety.
ii. The following land uses of "Marijuana Cultivation (Indoor)," "Marijuana
Cultivation (Outdoor)," and "Commercial Marijuana Activity" are hereby added as
follows:
Land Use
Permit Requirement by District
RS-
15000
RS-6000
RS -5000
RM -15
RM -20
MHP -20
See
Section
Residential
Marijuana
Cultivation (Indoor).
P
P
P
P
p
Chapter
151
Marijuana
Cultivation
(Outdoor).
—
—
—
—
—
—
Chapter
151
01004.0001/401126.6
9
Land Use
Permit Requirement by District
RS -6000
RS -5000
MHP -20
See
Section
Commercial
Marijuana Activity.
Chapter
15J
B. Table 2 -6 (Allowable uses and permit requirements for commercial zoning districts)
of Section 2.06.030 (Commercial zoning district land uses and permit requirements)
is hereby amended as follows:
i. The existing reference to the land uses of "Marijuana Cultivation," "Marijuana
Dispensary," and "Marijuana Processing" are hereby deleted in their entirety.
ii. The following land uses of "Marijuana Cultivation" and "Commercial Marijuana
Activity" are hereby added to the category of "Services" as follows:
Land Use Permit Requirement by District
Permit Requirement by District
OP
CN
CG
CH
See Section
Services
Marijuana Cultivation.
—
—
—
—
Chapter 151
Commercial Marijuana
Activity.
—
—
—
_
Chapter 15J
C. Table 2 -11 (Allowable uses and permit requirements for industrial zoning districts) of
Section 2.07.030 (Industrial zoning district land uses and permit requirements) is
hereby amended as follows:
i. The existing reference to the land uses of "Marijuana Cultivation," "Marijuana
Dispensary," and "Marijuana Processing" are hereby deleted in their entirety.
ii. The following land uses of "Marijuana Cultivation" and "Commercial Marijuana
Activity" are hereby added to the category of "Services" as follows:
Land Use
Permit Requirement by District
BP
ML
See
Section
Services
Marijuana Cultivation.
—
—
Chapter
151
Commercial Marijuana Activity.
—
—
Chapter
15J
D. Table 2 -15 (Allowable uses and permit requirements for special purpose zoning
districts) of Section 2.08.030 (Special purpose district land uses and permit
requirements) is hereby amended as follows:
i. The existing reference to the land uses of "Marijuana Cultivation," "Marijuana
Dispensary," and "Marijuana Processing" are hereby deleted in their entirety.
ii. The following land uses of "Marijuana Cultivation" and "Commercial Marijuana
Activity" are hereby added to the category of "Services" as follows:
01004.0001/401126.6
10
399
Land Use
Permit Requirement by District
PS -1A
PRD -2A
PC
PC -25A
PCM
PBP-
25A
See
Section
Services
Marijuana
Cultivation.
—
P
P
P
—
—
Chapter
151
Commercial
Marijuana
Activity.
—
—
—
—
—
—
Chapter
15J
SECTION 6. SEVERABILITY. If any section, subsection, sentence, clause, phrase,
or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the validity of
the remaining portions of this ordinance. The City Council hereby declares that it would
have adopted this ordinance and each section, subsection, sentence, clause, phrase, or
portion thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, phrases, or portions thereof may be declared invalid or
unconstitutional.
SECTION 7. CEQA. The City Council finds that this ordinance is not subject to the
California Environmental Quality Act ( "CEQA ") pursuant to CEQA Guidelines Sections
15061(b)(3) because it can be seen with certainty that it will not have a significant effect or
physical change to the environment.
SECTION 8. EFFECTIVE DATE. This ordinance shall be in full force and effect
thirty (30) days after its passage.
SECTION 9. CERTIFICATION. The City Clerk shall certify to the adoption of this
ordinance, and shall cause the same to be posted and codified in the manner required by
law.
FIRST READING at a regular meeting of the City Council of the City of Cypress held
on the 11th day of September, 2017 and finally adopted and ordered posted at a regular
meeting held on the 25th day of September, 2017. /
hehith)
MAYOR OF THE CITY OF CYPRESS
ATTEST:
tOtk 4)
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
I, DENISE BASHAM, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the
foregoing Ordinance was duly adopted at a regular meeting of said City Council held on the
25th day of September, 2017, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Berry, Johnson, Peat and Morales
NOES: 1 COUNCIL MEMBERS: Yarc
ABSENT: 0 COUNCIL MEMBERS: None
01004.0001/401126.6
14,a___ 464401
11
CITY CLERK OF THE CITY OF CYPRESS