It is unlawful to cultivate medical marijuana in any zone district allowing residential use by right including AR-5, R-1, R-2, R-3, R-4, R-S, PD, and MUCZ, DMU, OR NMU (Mixed Use) Overlay, or, zone districts allowing residential use by conditional use permit including C-1, C-2, M-1,M-2, and M-3, overlay zones unless a zoning Administrative Review is first secured and all of the following criteria are met:
A. Indoor cultivation: Medical marijuana may be cultivated only in a fully enclosed and secure structure (refer to subsection 5. below) by a qualified patient or primary caregiver in a residential zone (AR-5, R-1, R-2, R-3, R-4, R-S, PD, MUCZ, DMU, and NMU and with a conditional use permit within the C-1, C-2, M-1, M-2, and M-3 zones) if an administrative review is first secured and all of the following criteria are met:
1. The applicant must reside on the property and must be either a qualified patient or primary caregiver.
2. It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any parcel within the City to cause or allow such parcel to be used for the cultivation of marijuana, unless the person is a qualified patient or primary caregiver, growing the amount of marijuana per qualified patient authorized by Health and Safety Code Section 11362.77(a-b) and (d-f), not to exceed the per parcel limit in subsection B. of this section.
3. The owner of the property, if other than the applicant, has consented in writing to the cultivation of marijuana on the property. A notarized affidavit from the owner and proof of property ownership shall be submitted to the City with the application for an administrative review.
4. No plants may be cultivated within the primary living unit, second unit, nor garage area whether attached or detached. The cultivation of the plants shall occur within an accessory building separated by a minimum of six (6) feet from the garage and/or primary/second unit(s) area and shall be at least thirty (30) feet from any habitable and/or garage structure on any adjacent property.
5. The accessory building shall be:
a. No greater than 120 square feet calculated from the outside wall dimensions;
b. Constructed on a concrete foundation/slab, with a minimum 2" x 4" stud wall construction having an exterior finish to match the existing primary residence;
c. Provided with no more than 1200 watts of power for use in the structure provided with a subpanel at the accessory structure and a meter that can verify the amount of use;
d. Shall have all electrical, exhaust, piping, supply lines, and water lines reviewed and approved by the City's Building Official;
e. Screened and not visible from other adjacent property;
f. Reviewed, inspected, and approved by the City Building Official;
g. Located no closer than one thousand (1,000) feet from any school, childcare, or residential day care for children and adults, nor shall it be located within one thousand (1,000) feet of any residential development of other sensitive populations such as seniors, disabled, and/or developmentally disabled persons.
h. Located no closer than six hundred (600) feet from any restaurant, food preparation for public consumption, or cottage food operator;
i. The site is not within one thousand (1,000) feet of any park, library, or recreational area commonly used by minor children;
j. The existence of City, County, or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.
k. A map that reflects the restrictive distances noted above shall be submitted with the application for administrative review.
6. No compressed gases shall be stored within the accessory structure nor used to enhance the growth of the cultivated marijuana including but not limited to propane, butane, oxygen, carbon dioxide, or others. The City's staff may enter the site upon issuance of a 24 hour notice, or as determined if there exists health and safety concerns and may consist of the City's code enforcement officer, fire marshal, building official, or others and shall inspect the premises at least one time/year or as needed based upon complaint.
7. The cultivation of medical marijuana shall not be an allowed home occupation nor as a cottage food operator.
8. All cultivated marijuana is for the personal use for a qualified patient residing on the property and none of the cultivated marijuana may be distributed in any form, crude leaf, distilled, and or in foods to any other person, collective, cooperative, or dispensary and if so, may be prosecuted under the fullest extent of the law.
9. The Administrative Review approval is valid for a period of one year and may be extended annually provided the conditions with which the original approval and any other conditions required based on potential changed circumstances on the site. The administrative review extension shall be applied for a minimum of thirty (30) days prior to the expiration of the original review approval.
B. Outdoor cultivation: It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any parcel within any zoning district in the City to cause or allow such premises to be used for the outdoor cultivation of marijuana plants.
(Ord. 823-2016 § 36 (part), 2016)