18.43.100 Medical marijuana cultivation at private residences.
A. Purpose. To regulate the cultivation of medical marijuana for personal use in a manner that protects the health, safety, and welfare of the community and minimized or eliminates the potential nuisances associated with marijuana cultivation. This section is not intended to interfere with a patient’s right to medical marijuana, as provided in California health and Safety Code Section 11362.
B. Allowable Accessory Use. Qualified patients and designated primary caregivers shall be allowed to cultivate marijuana at their private residences in accordance with a physician’s recommendation for up to three qualified patients. Cultivation activities shall be at a scale that is accessory to the primary use of the property and must be consistent with the standards established below.
C. Cultivation Area. Maximum of one hundred square feet of canopy area for each qualified patient, not to exceed cultivation for three qualified patients at any individual address or on any individual parcel. An exception to the maximum canopy area per patient may be granted on the specific recommendation of a physician as addressed in Subsection G below. As used in this section, “canopy area” shall mean the total combined canopy area for all locations on a property where medical marijuana is being cultivated, including indoor areas, outdoor areas, or a combination of both, as measured by the horizontal extent of the plant or combination of plants at the widest point and measured in a straight line.
D. Outdoor Cultivation Standards. 1. Cultivation Setbacks. The following minimum cultivation-area setbacks apply to open cultivation areas, as well as those located within enclosed accessory structures and shall be adhered to unless a zoning exception is granted by the director as specified below. Front Yard. Cultivation areas shall not be located forward of the rear foundation of the primary residence, including any attached garage or similar attached structure. Side street yard. Fifteen feet. Interior side or rear yard. Ten feet. Distance from the nearest residence which is not located on the same parcel. Thirty feet. Security. Outdoor cultivation areas shall be contained within a nonclimable minimum six-foot high fence equipped with a locking gate. Screening. Outdoor cultivation areas shall not be visible from a public street, park, school, or other public area, except where topographic conditions prevent reasonable screening. Maximum plant height shall not exceed eight feet above ground level at the base of the plant(s). Proximity to Schools. no outdoor cultivation shall be allowed on property located within three hundred feet of the grounds of a library, public or private school, park, or youth-oriented establishment as defined in Redding Municipal Code Chapter 6.12.
E. In-Residence Cultivation. A maximum of ten percent of one hundred square feet, whichever is larger, of the total floor area of a residence may be used for cultivation purposes provided that the total cultivation area does not exceed the limits established by this section. Total floor area of a residence does not included garage, attic, or other spaces not customarily used for living purposes. Total electrical loads for the cultivation of marijuana shall not exceed one thousand two hundred watts, unless a licensed electrical contractor certifies in a form acceptable to the building official, that the additional lighting loads meet the requirements of the currently adopted California Electrical Code. The use of gas products (CO2, butane, etc.) for medical marijuana cultivation is prohibited.
The qualified patient and.or a designated primary caregiver shall reside in the residence where the medical marijuana cultivation occurs. The residence shall maintain a fully functional kitchen, bathroom(s), and a primary bedroom. These rooms shall not be used for medical marijuana cultivation where such cultivation will prevent their primary use for sleeping, bathing, and preparation of meals. Proper ventilation shall be provided as necessary to ensure that indoor medical marijuana cultivation area(s) will not create a humidity, mold, or odor problem. A building permit shall be obtained, as necessary, for the installation of required equipment.
Other Requirements. Medical marijuana cultivation is prohibited as a home occupation. The medical marijuana cultivation area(s) shall not adversely affect the health or safety of nearby residents, noxious gasses, odor, smoke, vibration, or other impacts, or be hazardous due to the use or storage of materials, processes, products, or wastes. Exceptions The director may grant limited exceptions to the maximum allowed cultivation area for a qualified patient or designated caregiver and/pr the minimum cultivation area setbacks established by this section, in accordance with the provisions off Section 18.15.030(V) (Zoning exception, medical marijuana cultivation). Medicinal Marijuana Cultivation Affidavit.
Persons residing in a residence who cultivate medical marijuana for their sole personal use in quantities recommend by their physician may do so in accordance with the regulations of this section without submitting a medicinal marijuana cultivation affidavit to the director. Persons cultivating medical marijuana for distribution to his or her cooperative or collective for the use of other members of said cooperative or collective shall do so in accordance with the requirements of this section and shall sign and file with the city a medical marijuana cultivation affidavit available from the development services director. The affidavit shall include the agreed to be supplied on a calendar-year basis. Should either the cooperative, collective, or quantities to be provided change, a new affidavit shall be signed and filed with the city. The affidavit shall include the signature of the property owner if the property on which cultivation is to occur is not owned by the qualified patient or primary caregiver. (Ord. No. 2450, SS 4, 1-19-2010)