(A) An authorized grower shall be allowed to cultivate cannabis for personal use only within a private residence or a fully enclosed and secure accessory structure to a private residence subject to the following regulations in addition to all regulations of state law:
(1) The cannabis cultivation area shall be contained within one single room that shall not exceed 150 square feet.
(2) The room must be securely locked and accessible only to individuals residing in the residence who are 21 years of age or older.
(3) The cannabis plants shall not come within 12 inches of the ceiling or any cultivation lighting.
(4) Cannabis cultivation lighting shall not exceed 1,200 watts in total for the total cultivation area within the residence.
(5) The use of gas products such as but not limited to CO2, butane, methane, or any other flammable or non-flammable gas for cannabis cultivation or processing is prohibited.
(6) There shall be no exterior visibility or evidence of cannabis cultivation outside the private residence or accessory structure from the public right-of-way or any adjoining property, including but not limited to:
(a) Visual observation of any cannabis plants;
(b) Any form of signage indicating that cannabis plants were being grown inside the residence or accessory structure;
(c) Visual observation of any equipment used in the growing and cultivation operation;
(d) Unusual odors, smells, fragrances, or other olfactory stimulus;
(e) Any light emanating from cultivation lighting.
(7) The authorized grower shall reside full-time in the residence where the cannabis cultivation occurs.
(8) If the authorized grower is not the owner of the private residence or fully enclosed and secure accessory structure to a person’s private residence, the owner must secure a signed statement that the authorized grower has permission to cultivate plans in accordance with the provisions of the AUMA and the corresponding SGMC chapter.
(9) The authorized grower shall not participate in cannabis cultivation in any other location within the city.
(10) The residence shall include a fully functional and usable kitchen, bathroom, and bedroom areas for their intended use by the authorized grower, and the premises shall not be used primarily or exclusively for cannabis cultivation.
(11) The cannabis cultivation area shall be in compliance with the provisions of the applicable building and construction codes as set forth in Chapter 150 of the San Gabriel Municipal Code. The building official may impose additional conditions to meet such codes if necessary, including but not limited to installation of fire suppression sprinklers and ventilation and filtration systems that prevent plant odors from exiting the interior of the structure.
(12) The cannabis 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 use or storage of materials, processes, products or wastes.
(13) Cultivation shall be limited to six cannabis plants, mature or immature, per private residence or a fully enclosed and secure structure. The limit of six plants per private residence shall apply regardless of how many individuals reside at the private residence.
(14) The cannabis plants and any cannabis in excess of 28.5 grams produced by plants must be kept in a locked space on the grounds of the private residence or accessory structure which space is not visible from the public right-of-way by normal unaided vision.
(B) No outdoor cultivation of cannabis plants shall be allowed in the City of San Gabriel, even for personal use. (This section shall be of no further force or effect and shall be deemed repealed upon a determination by the California Attorney General that nonmedical use of cannabis is lawful in the State of California under federal law.)
(Ord. 642-C.S., passed 12-19-17; Am. Ord. 702, passed 3-5-24)