§ 5-41.01. Definitions.

"Accessory structures" used for the cultivation of cannabis or medicinal cannabis must be a greenhouse, shed, workshop, guest house, accessory dwelling unit, or other similar building structure that are incidental to the private residence. They must be enclosed by walls on all sides, a roof, and one or more doors with locks. Any window on an accessory structure must be opaque, obscured, or positioned to preclude any visibility of the structure's interior marijuana cultivation area from any public place. Accessory structures must comply with any applicable requirements of the Simi Valley Municipal Code and California Building Code.

"Cannabis distribution or dispensary" means any facility or location, whether fixed or mobile, where any cannabis or cannabis product is made available to or distributed by or distributed for profit or not-for-profit to one or more adults twenty-one (21) years of age and over who do not possess any physician recommendation; and has the same meaning as the "distribution" definition in California Business and Professions Code Section 26001.

"Medicinal cannabis dispensary" means any facility or location, whether fixed or mobile, where any medicinal cannabis or medicinal cannabis product is made available to or distributed by or distributed for profit or not-for-profit to one or more of the following: A primary caregiver, a qualified patient, or a patient with an identification card; and has the same meaning as the "distribution" definition in California Business and Profession Code Section 26001. All three (3) of these terms, primary caregiver, qualified patient, or patient with an identification card, are identified in strict accordance with California Health and Safety Code Section 11362.5 et seq. A medicinal cannabis dispensary shall not include the following uses, as long as the location of such uses is otherwise regulated by this Code or applicable law: A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code; a healthcare facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code; a facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code; a residential care facility for persons with chronic life-threatening illnesses licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code; a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code; a residential hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as such use complies strictly with applicable law, including, but not limited to, Health and Safety Code Section 11362.5 et seq.

"Residence" means a house, an apartment unit, a mobile home, or other similar private dwelling. To the extent allowed by law, a private "residence" shall mean a fully enclosed and secured house, apartment unit, mobile home, or other similar dwelling. To the extent allowed by law, a private residence must be currently, presently, and lawfully utilized as the primary dwelling of one or more persons.

"Public place" means any area to which the public is invited or in which the public is permitted, regardless of any fee or age requirement or whether publicly or privately owned, and includes any public place for which marijuana smoking or ingesting is prohibited by State law.

(§ 5 (Exh. A), Ord. No. 1280, eff. December 14, 2017)