Oakley City Council Set to Finalize Marijuana Ordinance

During Tuesday night’s Oakley City Council meeting, the City Council will finalize its marijuana ordinance by holding a public hearing regarding the Cultivation and Sale of Marijuana within City Limits.

Under the Ordinance, indoor cultivation of up to six-plants is allowed while outdoor cultivation is banned. The City Council also approved the deliveries of medical marijuana into city limits, however, they did ban marijuana dispensaries

During the public hearing, the Council will also waive the Second Reading to adopt the ordinance. To view the agenda item, click here.

According to the Ordinance:

•  Cultivation of marijuana indoors is permitted use in any residential zoning district – as long as it conforms with California Health and Safety Codes
• No more than six plants on any parcel
• Permitted only within fully enclosed structures that include solid walls and a roof. A fully enclosed and secure structure used for cultivation of marijuana that is separate from the main residence on the premise must me located in a side yard or backyard of the residence and the side or backyard must be enclosed entirely by a solid fence of at least six-feet in height and/or the house.
• Marijuana cultivation areas in a structure shall not be accessible to persons under 18-years of age—all doors opening into cultivation areas shall be secured by a lock and a key, padlock or other security device that prevents unauthorized entry.
• Marijuana cultivation lighting shall not exceed a total of 1,200 watts and shall be shielded to confine light and glare to the interior of the allowable structure
• The use of gas products (e.g., CO2, butane, etc.) or generators for marijuana cultivation or processing is prohibited.
• No exterior evidence or marijuana cultivation shall be observable from any public right-of-way or adjacent property.
• Marijuana cultivation shall not occur in any kitchen, bathroom, or bedroom of the residence.
• Any structured used for marijuana cultivation must have proper ventilation to prevent mold damage and to prevent marijuana plant odors or particles from becoming a public nuisance to surrounding properties or the public.
• The marijuana cultivation area shall not adversely affect the health or safety of the nearby residents by creating dust, glare, heat, noise, smoke, traffic, vibration, or other impacts, and shall not be hazardous due to use or storage of materials, processes, products, or wastes.
• Use, storage or discharge into wastewater facilities shall strictly comply with all rules and regulations adopted by the Ironhouse Sanitary District.
• Water usage for cultivation of marijuana under this Section shall not exceed any limitations imposed by federal, state, or local water restrictions.
• All lighting, equipment, power sources, and construction associated with the cultivation shall comply with the applicable building, electrical, and fire codes adopted by the city. Such compliance shall include the requirement to obtain any permit the East Contra Costa Fire Protection District may require for the cultivation.

The Oakley City Council Meetings begin at 6:30 pm and are located at City Hall at 3231 Main Street, Oakley CA. For the full agenda, click here.