City of Sacramento
Law and Legislation Committee Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2023-00490 5/16/2023 Discussion Item 4.
Ordinance Amending Chapter 8.132 of the Sacramento City Code, Relating to the Cultivation of Cannabis
File ID: 2023-00490
Location: Citywide
Recommendation: 1) Review an Ordinance amending Chapter 8.132 of the Sacramento City Code relating to the cultivation of cannabis; and 2) pass a Motion forwarding the Ordinance to Council for consideration.
Contact: Davina Smith, Manager, Office of Cannabis Management, (916) 808-4772; Zarah Cruz, Program Specialist, Office of Cannabis Management, (916) 808-8925, Office of the City Manager Presenter: Davina Smith, Manager, Office of Cannabis Management, (916) 808-4772, Office of the City Manager
Attachments:
1-Description/Analysis
2- Ordinance (Clean)
3- Ordinance (Redline)
Additional Description/Analysis
Issue Detail: Section 8.132 of the City of Sacramento Code currently prohibits the cultivation of more than six cannabis plants in residential properties and imposes an administrative penalty of $500 per plant in excess of the six allowed. The proposed ordinance would also make cultivation of cannabis without a cannabis business permit pursuant to City Code section 5.150 a nuisance and subject to administrative penalties.
Policy Considerations: The proposed amendments will clarify the City Code by identifying the specific situations in which cultivation of cannabis may occur.
Economic Impacts: None.
File ID: 2023-00490 5/16/2023 Discussion Item 4.
Environmental Considerations: This action is exempt from the California Environmental Quality Act (“CEQA”) because it is the adoption of an ordinance, rule, or regulation that requires discretionary review, including environmental review, and approval of permits, licenses, or other authorizations to engage in commercial cannabis activity (CEQA Guidelines sections 15061(B)(1), California Business and Professions Code section 26055(h)) and because it does not have the potential for causing a significant effect on the environment (CEQA Guidelines section15061(b)(3)).
Sustainability: Not applicable.
Commission/Committee Action: Not applicable.
Rationale for Recommendation: Illegal cultivation, whether in residential homes, on parcels without a residential structure, or in commercial properties, is occurring in Sacramento and creating public health and safety concerns. These unpermitted activities undercut and thereby damage the regulated cannabis marketplace and introduce to the underground marketplace cannabis untested for herbicides, pesticides, mold, and other contaminants that can harm those who use it. Unregulated cultivation can create fire hazards through unpermitted electrical alterations to power lights, fans and air conditioners for the grow-room, and can create odors that impact neighbors and communities.
An ordinance adopted in August 2017, limited the residential cultivation to six plants and created a penalty of $500 per plant in excess of that limit. The adoption of the proposed amendment will further identify and clarify the only situations in which cultivation of cannabis can occur within the city’s boundaries. Cultivation on residential properties in excess of six plants or on other properties not in accordance with chapter 5.150 will be deemed a nuisance and subject to an administrative penalty.
Financial Considerations: Not applicable.
Local Business Enterprise (LBE): Not applicable.
1 ORDINANCE NO.
Adopted by the Sacramento City Council
[Date Adopted]
AN ORDINANCE AMENDING SECTIONS 8.132.030, 8.132.040, AND 8.132.050.C.2 OF THE
SACRAMENTO CITY CODE, RELATING TO CANNABIS CULTIVATION
BE IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO:
SECTION 1.
Section 8.132.030 of the Sacramento City Code is hereby amended to read as follows:
8.132.030 Cultivation of cannabis prohibited – generally.
No person shall own, lease, occupy, or have charge or possession of any property upon which the person knows or, by exercising reasonable care or diligence, should know that cannabis is being cultivated, except in accordance with the following:
A. Chapter 5.150 (cannabis businesses).
B. Section 8.132.040 (permissible cultivation of cannabis).
SECTION 2.
Section 8.132.040 of the Sacramento City Code is hereby amended to read as follows:
8.132.040 Permissible cultivation of cannabis.
No person shall cultivate cannabis except as follows:
A. Pursuant to, and in accordance with, a valid cannabis business permit issued pursuant to chapter 5.150; or
B. Within a private residence or allowable structure on the same parcel as the private residence, in accordance with all of the following:
1. All cultivation of cannabis must take place indoors within a single room of a private residence or an allowable structure, as defined in section 8.132.020.
2. Regardless of how many people reside in a private residence, no more than six living cannabis plants may be cultivated within the private residence or allowable 2 structure on the same parcel as the private residence, pursuant to California Health and Safety Code section 11362.1.
3. All equipment used to cultivate cannabis, such as indoor grow lights, irrigation systems, and air filtration systems, must comply with the city building code and fire prevention code.
4. All alterations or improvements to any building or structure to accommodate cannabis cultivation must comply with the city building code and fire prevention code.
5. No cannabis, at any stage of growth or cultivation, and no evidence of cultivation occurring at the premises, may be visible from outside the room of the private residence or the allowable structure in which the cannabis is being cultivated.
6. All cannabis odors must be ventilated, treated, or filtered, such that the odor cannot be detected by a person of normal olfactory sensitivity outside of the private residence or the allowable structure in which the cannabis is being cultivated.
7. Cannabis cultivation must not create excessive dust, heat, light, noise, smoke, traffic, or other impacts that are disturbing to people of normal sensitivity residing or present on adjacent or nearby residences, properties, or areas open to the public; and must not be hazardous due to the use or storage of materials, processes, products, or wastes.
8. Cannabis cultivation areas, whether in a private residence or an allowable structure, must be kept locked when not occupied.
9. Cannabis cultivation must be conducted in compliance with all other applicable state and local laws.
SECTION 3.
A. Subsection 8.132.050.C.2 of the Sacramento City Code is hereby amended to read as follows:
2. Any person who violates sections 8.132.030, 8.132.040.A, or 8.132.040.B.2 is liable for civil penalties of an aggregate amount calculated at $500 per cannabis plant in excess of the number of plants allowed on the property.
B. Except as amended by subsection A above, all provisions of section 8.132.050 remain unchanged and in full effect.
1 ORDINANCE NO.
Adopted by the Sacramento City Council
[Date Adopted]
AN ORDINANCE AMENDING SECTIONS 8.132.030, 8.132.040, AND 8.132.050.C.2 OF THE
SACRAMENTO CITY CODE, RELATING TO CANNABIS CULTIVATION
BE IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO:
SECTION 1.
Section 8.132.030 of the Sacramento City Code is hereby amended to read as follows:
8.132.030 Cultivation of cannabis prohibited – generally.
No person shall own, lease, occupy, or have charge or possession of any property upon which the person knows or, by exercising reasonable care or diligence, should know that cannabis is being cultivated, except in accordance with the following:
A. Chapter 5.150 (cannabis businesses).
B. Section 8.132.040 (residential permissible cultivation of cannabis).
SECTION 2.
Section 8.132.040 of the Sacramento City Code is hereby amended to read as follows:
8.132.040 ResidentialPermissible cultivation of cannabis.
No person shall cultivate cannabis within a private residence or upon the grounds of a private residence, unless it is conducted in accordance with this section.except as follows:
A. All cultivation of cannabis must take place indoors within a single room of an allowable structure, as defined in section 8.132.020.Pursuant to, and in accordance with, a valid cannabis business permit issued pursuant to chapter 5.150; or
B. Regardless of how many people reside in the private residence, no more than six living cannabis plants may be cultivated within the private residence or upon the grounds of the private residence, pursuant to California Health and Safety Code section 11362.1.Within a private residence or allowable structure on the same parcel as the private residence, in accordance with all of the following:
2 1. All cultivation of cannabis must take place indoors within a single room of a private residence or an allowable structure, as defined in section 8.132.020.
2. Regardless of how many people reside in a private residence, no more than six living cannabis plants may be cultivated within the private residence or allowable structure on the same parcel as the private residence, pursuant to California Health and Safety Code section 11362.1.
3. All equipment used to cultivate cannabis, such as indoor grow lights, irrigation systems, and air filtration systems, must comply with the city building code and fire prevention code.
4. All alterations or improvements to any building or structure to accommodate cannabis cultivation must comply with the city building code and fire prevention code.
5. No cannabis, at any stage of growth or cultivation, and no evidence of cultivation occurring at the premises, may be visible from outside the room of the private residence or the allowable structure in which the cannabis is being cultivated.
6. All cannabis odors must be ventilated, treated, or filtered, such that the odor cannot be detected by a person of normal olfactory sensitivity outside of the private residence or the allowable structure in which the cannabis is being cultivated.
7. Cannabis cultivation must not create excessive dust, heat, light, noise, smoke, traffic, or other impacts that are disturbing to people of normal sensitivity residing or present on adjacent or nearby residences, properties, or areas open to the public; and must not be hazardous due to the use or storage of materials, processes, products, or wastes.
8. Cannabis cultivation areas, whether in a private residence or an allowable structure, must be kept locked when not occupied.
9. Cannabis cultivation must be conducted in compliance with all other applicable state and local laws.
C. All equipment used to cultivate cannabis, such as indoor grow lights, irrigation systems, and air filtration systems, must comply with the city building code and fire prevention code.
D. All alterations or improvements to any building or structure to accommodate cannabis cultivation must comply with the city building code and fire prevention code. 3 E. No cannabis, at any stage of growth or cultivation, and no evidence of cultivation occurring at the premises, may be visible from outside of the grounds of the private residence.
F. All cannabis odors must be ventilated, treated, or filtered, such that the odor cannot be detected by a reasonable person of normal sensitivity outside the of the grounds of the private residence.
G. Cannabis cultivation must not create excessive dust, heat, light, noise, smoke, traffic, or other impacts that are disturbing to people of normal sensitivity residing or present on adjacent or nearby residences, properties or areas open to the public; and must not be hazardous due to the use or storage of materials, processes, products, or wastes.
H. Cannabis cultivation areas, whether in a detached building or inside a residence, must be kept locked when not occupied.
I. Cannabis cultivation must be conducted in compliance with all other applicable state and local laws, including California Health and Safety Code sections 11362.1 through 11362.3, and the Compassionate Use Act of 1996 (California Health and Safety Code section 11362.5).
SECTION 3.
A. Subsection 8.132.050.C.2 of the Sacramento City Code is hereby amended to read as follows:
2. Any person who violates sections 8.132.030, or 8.132.040.BA, or
8.132.040.B.2 is liable for civil penalties of an aggregate amount calculated at $500 per cannabis plant in excess of the number of plants allowed on the property.
B. Except as amended by subsection A above, all provisions of section 8.132.050 remain unchanged and in full effect.