A. Indoor cannabis cultivation and mixed-light cannabis cultivation for personal use is permitted within all private residential dwellings and accessory structures to all private residential dwellings within all zoning districts, subject to all of the following minimum standards:
1. All indoor cannabis cultivation and mixed-light cannabis cultivation for personal use, including by a qualified patient or primary caregiver, shall occur in a private residential dwelling or accessory structure to a private residential dwelling, as those terms are defined in Chapter 19.02 of this Code.
2. No more than six (6) cannabis plants may be cultivated by either a qualified patient, primary caregiver, or an individual over twenty-one (21) years old at each private residential dwelling or accessory structure regardless of the number of qualified patients or adults twenty-one (21) and older who reside at such private residential dwelling. Cultivation of more than six (6) plants per residential dwelling or accessory structure shall be considered commercial cannabis activity, not personal cultivation, and shall be subject to all the requirements for commercial cannabis activity within this Code.
3. Medical cannabis shall only be cultivated by:
i. A qualified patient exclusively for his or her own personal medical use but who does not provide, donate, sell, or distribute medical cannabis to any other person and who can provide a written doctor's recommendation to the City upon request; or
ii. A primary caregiver who cultivates, possesses, stores, manufactures, transports, donates, or provides medical cannabis exclusively for the personal medical purposes of no more than five specified qualified patients for whom he or she is the primary caregiver, but who does not receive remuneration for these activities except for compensation in full compliance with California Health and Safety Code Section 11362.765(c).
4. For persons other than qualified patients or primary caregivers, all personal cultivation shall be conducted by persons twenty-one (21) years of age or older. The cumulative total of cannabis plants on the property shall not exceed six (6) cannabis plants, regardless of the number of persons residing at the private residential dwelling.
5. Written consent from all owners of the property to cultivate cannabis within the residential dwelling or in a fully enclosed and secure accessory structure shall be obtained and shall be kept on the property, and available for inspection by the Chief of Police or his/her designee upon request. The written consent shall only be valid for twelve (12) months from the signing of the consent.
6. Cannabis cultivation of medical and nonmedical cannabis for personal use may occur inside a private residential dwelling and/or an accessory building or structure on the same parcel, subject to the following restrictions:
i. Structures and equipment used for indoor cannabis cultivation and/or mixed-light cannabis cultivation, such as indoor grow lights, shall comply with all applicable zoning, building, electrical and fire code regulations as adopted by the City.
ii. All accessory buildings and structures used for indoor cannabis cultivation and/or mixed-light cannabis cultivation shall comply with the locational and other requirements set forth in Title 19 of this Code.
iii. Personal cultivation of cannabis shall not interfere with the primary occupancy of the building or structure, including regular use of kitchen(s) or bathroom(s).
iv. The use of generators to power any cultivation equipment is prohibited.
v. All property improvements, if any, shall comply with the California Building, Electrical and Fire Codes as adopted by the City.
vi. Any fully enclosed and secure structure or residence used for cannabis cultivation shall have a ventilation and filtration system installed that shall prevent cannabis plant odors from exiting the interior of the structure and that shall comply with the Building Code adopted by the City.
vii. No exterior evidence of cannabis cultivation occurring at the property shall be discernable from the public right-of-way.
viii. Nothing in this section is intended, nor shall it be construed, to preclude any landlord from limiting or prohibiting personal cultivation of cannabis by tenants.
ix. Nothing in this section is intended, nor shall it be construed, to authorize commercial cultivation of cannabis.
x. Nothing in this section is intended, nor shall it be construed, to authorize any public or private nuisance as specified in this Code.
xi. The cultivation area shall be in a locked space inaccessible to minors, visitors, vandals, or anyone not authorized to possess cannabis.
7. The area of cultivation shall not adversely affect the health or safety of the occupants of the private residence or the parcel or any other property by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, mold, or other impacts, and shall not be maintained as to constitute a hazard due to use or storage of materials, processes, products or wastes.
8. Cultivation shall not occur within any private residential dwelling containing a day care center, as defined in Chapter 5.10 of this Code.
B. Outdoor cannabis cultivation (i.e. in the open air) is prohibited within all zoning districts.
C. It shall be unlawful for any person to engage in personal cultivation without registering with the City of San Bernardino. The registration shall require the person engaging in personal cultivation to provide their name, address, telephone number, and any other information determined necessary to protect the health, safety, and welfare of the residents and businesses of the City by the City Manager or his/her designee. The registration may require the payment of a fee as set by Resolution of the Mayor and City Council.
(Ord. MC-1466, 3-07-18)