(A) Outdoor personal cannabis cultivation prohibited. All outdoor personal cannabis cultivation is expressly prohibited in all zoning districts. OUTDOOR for purposes of this section means any location within the city that is not within a fully enclosed and secure structure. 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 parcel to be used for the outdoor cultivation of cannabis, regardless of whether such cultivation is for medical, recreational, personal or commercial uses.
(B) Indoor personal cannabis cultivation allowed in compliance with this section only. 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 in the city to cause or allow such parcel to be used for the personal cultivation of cannabis plants within a fully enclosed, and secure structure on the parcel, except as provided in subsections (B)1. and (B)2. of this section.
1. Individuals permitted to cultivate cannabis indoors.
(a) Age restrictions. Only a person who is at least 18 years of age and either a qualified patient or a primary caregiver, or a person who is at least 21 years of age, may engage in personal indoor cultivation of cannabis.
(b) Residency requirement. The person cultivating the cannabis shall reside full-time on the premises where the indoor cultivation of cannabis occurs.
(c) Permission of owner. Tenants or anyone cultivating shall obtain the written permission and signature of the property owner(s) prior to cultivating cannabis. A notarized signature from the owner(s) of the property consenting to the cultivation of cannabis at the premises, on a form acceptable to the city, shall be made available to the city upon request by any city official.
2. Indoor cultivation standards. Cannabis cultivated indoors, within the city, shall be in conformance with the following standards:
(a) Indoor personal cannabis cultivation is permitted only within a private residence or within a legal accessory structure to a private residence that is fully enclosed and secure, and meets the requirements of this section.
PRIVATE RESIDENCE means any house, apartment unit, mobilehome or other similar dwelling;
(b) Personal cannabis cultivation is permitted only within fully enclosed and secured structures and the cultivation area must be inaccessible to minors. A fully enclosed and secure structure used for the cultivation of cannabis that is separate from the main residential structure on a premises must maintain a minimum ten-foot setback from any property line. Any parcel where cannabis is cultivated must be enclosed by a solid fence at least six feet in height;
(c) Cannabis cultivation may not occur in both a detached structure and inside a residence on the same parcel. Only one indoor cultivation area is allowed per parcel;
(d) Cannabis cultivation areas shall not be accessible to persons under 18 years of age. Cultivation areas shall be secured by lock and key or another security device which prevents unauthorized entry;
(e) Indoor cultivation of cannabis shall not exceed six cannabis plants per private residence, regardless of how many qualified adults, qualified patients or primary caregivers are residing at the private residence;
(f) Cannabis cultivation shall not occur on any carpeted area;
(g) Cannabis cultivation lighting shall not exceed 1,200 watts and shall comply with the California Building, Electrical and Fire Codes as adopted by the city;
(h) The use of gas products (CO2, butane and the like) or generators for cannabis cultivation or processing is prohibited;
(i) Cannabis cultivation for sale or any commercial purpose is prohibited;
(j) From a public right-of-way, there shall be no exterior evidence of cannabis cultivation;
(k) The residence shall be occupied and is required to maintain a functioning kitchen and bathroom(s);
(l) Any cannabis cultivation area located within a residence shall not create a humidity or mold problem in violation of the city’s Building and State Health and Safety Codes;
(m) Any structure used for the cultivation of cannabis must have proper ventilation to prevent mold damage and to prevent cannabis plant odors or particles from becoming a public nuisance to surrounding properties or the public. A public nuisance may be deemed to exist if the cultivation produces odors which are disturbing to people of normal sensitivity residing or present on adjacent or nearby property or areas open to the public;
(n) The cannabis 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 the use or storage of materials, processes, products or wastes;
(o) Any modification to existing structures or plumbing, electrical or mechanical systems shall require a permit from the building official or his or her designee(s); and
(p) All personal cannabis cultivation waste must be disposed of in a manner that does not discharge pollutants into the watercourse or stormwater system. Additionally, all personal cannabis waste that includes mature flowers or seeds shall be disposed of by shredding and composting, or mixing the waste with other ground materials resulting in a mixture that is at least 50% non-cannabis waste by volume.
(C) Violation, penalty; generally. Any violation of this section shall be enforced by any applicable laws or ordinances, including, but not limited to, Title 1, Chapters 4, 17, 18 and 19 of this code.
(Ord. 632, passed 12-19-2017)