(A)   General.  To the extent that the city is required to allow the cultivation of marijuana, whether for medical or recreational use, 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 or any other applicable provision of this code.  Only “limited home cultivation” as defined in this chapter shall be permissible in the City of San Joaquin.  Collective, cooperative, or other cultivation of marijuana shall be prohibited in the City of San Joaquin.
   (B)   Personal use cultivation.  The cultivation of marijuana shall be subject to the limits set forth in any applicable State law and this chapter.  An individual who has a right to cultivate marijuana for personal use shall be allowed to cultivate up to six living marijuana plants within his/her private residence, in an attached garage, or in an accessory building if the property is detached single family residential. No outdoor cultivation is allowed within the city.  Marijuana cultivation for personal use shall be subject to the following requirements:
      (1)   Area.  The marijuana cultivation area shall not exceed 32 square feet measured by the canopy and not exceed ten feet in height per residence.  This limit applies regardless of the number of individuals residing in the residence.  The cultivation area shall be a single designated area.
      (2)   Lighting.  Marijuana cultivation lighting shall not exceed a total of 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, set back, height requirements, and parking requirements.
      (4)   Gas products.  The use of gas products (CO2, butane, and the like) for marijuana cultivation or processing is prohibited.
      (5)   Evidence of cultivation.  From a public right of way, there shall be no exterior evidence of marijuana cultivation occurring on the site.
      (6)   Residence.  The qualified individual shall reside in the residence where the marijuana cultivation occurs.
      (7)   Cultivation elsewhere in city.  The qualified individual shall not participate in marijuana cultivation in any other location within the City of San Joaquin.
      (8)   Incidental use.  The residence shall maintain kitchen, bathrooms, and primary bedrooms for their intended use and not be used primarily for marijuana cultivation.
      (9)   Ventilation.  The 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 Cal. Building Code § 1203.4 Natural Ventilation or § 402.3 Mechanical Ventilation (or its equivalent(s)).
      (10)   Storage of chemicals.  Any chemicals used for 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 marijuana cultivation area shall: 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 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 marijuana. The written authorization shall be filed with the Police Department.  A copy of the owner or property manager’s written authorization to cultivate recreational marijuana shall be posted in a conspicuous place in the cultivation area.
      (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 marijuana and pick up a handout setting forth the owner and lessee responsibilities under this section.  This notification shall be provided prior to the commencement of the cultivation.  The Police Department may direct the owner and lessee to the Building Department and Planning 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 Building Department shall keep 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: the garage or accessory building shall be secure, locked, and fully enclosed, with a ceiling, roof or top, and entirely opaque.  The garage or building shall include a burglar alarm monitored by an alarm company or private security company. The garage or 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.
(Ord. 2016-105, passed 12-6-2016)