To the extent that the City is required to allow the cultivation of medical marijuana under State law, the rules set forth herein shall apply. Nothing in this section shall be interpreted to permit commercial marijuana operations or marijuana dispensaries otherwise prohibited by this chapter.
A. Personal Use Cultivation: An individual qualified patient or person with an identification card shall be allowed to cultivate medical marijuana within his/her private residence, in an attached garage, or in an accessory building if the property is detached single family residential. The cultivation of medical marijuana outdoors is prohibited. A primary caregiver may only cultivate medical marijuana at the residence of a qualified patient or person with an identification card for whom he/she is the primary caregiver. Medical marijuana cultivation for personal use shall be subject to the following requirements:
1. Area: The medical marijuana cultivation area shall not exceed twenty four (24) square feet measured by the canopy and not exceed eight feet (8') in height per residence. This limit applies regardless of the number of qualified patients or persons with an identification card residing in the residence. The cultivation area shall be a single designated area.
2. Lighting: Medical marijuana cultivation lighting shall not exceed a total of one thousand two hundred (1,200) watts.
3. Building Code Requirements: Any alterations or additions to the residence, including garages and accessory buildings, shall be subject to applicable Building and Fire Codes, including plumbing and electrical, and all applicable Zoning Codes, including lot coverage, setback, height requirements, and parking requirements.
4. Gas Products: The use of gas products (CO2, butane, propane, etc.) for medical marijuana cultivation or processing is prohibited.
5. Evidence Of Cultivation: The cultivation of medical marijuana outdoors is prohibited. From a public right-of-way, there shall be no exterior evidence of medical marijuana cultivation occurring on the site.
6. Residence: The qualified patient or person with an identification card shall reside in the private residence where the medical marijuana cultivation occurs.
7. Cultivation Elsewhere In City: The qualified patient or person with an identification card shall not participate in medical marijuana cultivation in any other location within the City of Reedley.
8. Incidental Use: The residence shall maintain kitchen, bathrooms, and primary bedrooms for their intended use and not be used primarily for medical marijuana cultivation.
9. Ventilation: The medical marijuana cultivation area shall include a ventilation and filtration system designed to ensure that odors from the cultivation are not detectable beyond the residence, or property line for detached single family residential, and designed to prevent mold and moisture and otherwise protect the health and safety of persons residing in the residence and cultivating the marijuana. This shall include at a minimum, a system meeting the requirements of the current, adopted edition of the California Building Code section 1203.4 Natural Ventilation or section 402.3 Mechanical Ventilation (or its equivalent(s)).
10. Storage Of Chemicals: Any chemicals used for medical marijuana cultivation shall be stored outside of the habitable areas of the residence and outside of public view from neighboring properties and public rights-of-way.
11. Nuisance: The medical marijuana cultivation area must not adversely affect the health or safety of the nearby residents by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts; and must not be hazardous due to the use or storage of materials, processes, products or wastes, or from other actions related to the cultivation.
12. Property Owner Authorization: For rental property, the lessee shall obtain written authorization from the property owner or property management company to cultivate medical marijuana at the residence.
13. Notification: The owner and any lessee of the residence upon which cultivation will occur shall inform the Police Department of the intent to cultivate medical marijuana and pick up a handout setting forth the owner and lessee responsibilities under this chapter. This notification shall be provided prior to the commencement of the cultivation. The Police Department may direct the owner and lessee to the Community Development Department for more information about Building Code and permit requirements that may be applicable if alterations or additions to the residence are contemplated. The Police Department and Community Development Department shall keep qualified patient information confidential to the extent required by law.
14. Additional Requirements For Garages And Accessory Buildings: The following additional requirements shall apply for personal use cultivation that occurs in a garage or accessory building:
a. The garage or accessory building shall be secure, locked, and fully enclosed, with a ceiling, roof or top, and entirely opaque.
b. The garage or accessory building, including all walls, doors, and the roof, shall be constructed with a firewall assembly of green board meeting the minimum Building Code requirements for residential structures and include material strong enough to prevent entry except through an open door.
15. Posting Of Physician Recommendation Or Identification Card; Posting Of Owner Permission: A copy of a qualified patient physician recommendation or identification card shall be posted in a conspicuous place in the cultivation area for each patient residing in the residence that is cultivating medical marijuana. For rental properties, a copy of the owner's written authorization to cultivate marijuana shall be posted in the same manner.
B. Collective Or Cooperative Cultivation: The collective or cooperative cultivation of medical marijuana is prohibited in the City. (Ord. 2018-005, 9-25-2018)