9.06.040 Cultivation of marijuana only for personal use; regulations for residential zones.
   (a)   When authorized by state law, an authorized grower shall be allowed to cultivate marijuana only in a private residence in a residential zone, only indoors, and only for personal use, subject to the following regulations:
   (b)   The marijuana cultivation area shall be located indoors. The total area cultivated shall not exceed 50 square feet and not exceed ten feet in height, nor shall it come within 12 inches of the ceiling or any cultivation lighting. Cultivation in a greenhouse on the property of the residence, but not physically part of the home, is permitted, as long as it is fully enclosed, secure, not visible from a public right-of-way, and meets all requirements in this Chapter.
   (c)   Marijuana cultivation lighting shall not exceed 1,200 watts in total for the total cultivation area within the residence.
   (d)   The use of gas products, such as, but not limited to, CO2, butane, methane, or any other flammable or non-flammable gas, for marijuana cultivation or processing is prohibited.
   (e)   There shall be no exterior visibility or evidence of marijuana cultivation outside the private residence from the public right-of-way, including, but not limited to, any marijuana plants, equipment used in the growing and cultivation operation, and any light emanating from cultivation lighting.
   (f)   The authorized grower shall reside full-time in the residence where the marijuana cultivation occurs.
   (g)   It is the legal responsibility of the authorized grower to prevent access to marijuana and marijuana products by persons under 21 years of age in the residence. The cultivation area within the residence shall be capable of being locked and shall not be accessible to persons under 21.
   (h)   The authorized grower shall not participate in marijuana cultivation in any other location within the City. There may be only one authorized grower per private residence as defined herein.
   (i)   The residence shall include fully functional and usable kitchen, bathroom, and bedroom areas actually utilized for their intended use by the resident, authorized grower, and the premises shall not be used primarily or exclusively for marijuana cultivation.
   (j)   The marijuana cultivation area shall be in compliance with the current adopted edition of the California Building Code § 1203.4 Natural Ventilation or § 402.3 Mechanical Ventilation (or equivalent), as amended from time to time.
   (k)   The building official may require additional specific standards to meet the California Building Code and Fire Code, including, but not limited to, installation of fire suppression sprinklers, and may require annual or other inspections.
   (l)   The marijuana cultivation area 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 gasses, odors, smoke, traffic, vibration, or other impacts, or be hazardous due to the use or storage of materials, processes, products or wastes.
   (m)   No more than six living marijuana plants, mature or immature, are permitted for indoor personal cultivation under this Chapter.
   (n)   Marijuana in excess of 28.5 grams produced by plants kept for indoor personal cultivation under this Chapter must be kept in a locked space on the grounds of the private residence, not visible from the public right-of-way.
   (o)   Outdoor cultivation of marijuana and cultivation of marijuana for non-personal uses are expressly prohibited in all zones and districts of the City.
(Ord. 168, passed 11-2-2016; Am. Ord. 171, passed 12-14-2016)