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Firebaugh City Zoning Code

§ 25-41.13.2

Regulations Applicable to the Cultivation of Medicinal Cannabis.

To the extent that the City is required to allow the cultivation of medical marijuana under state law and, except as provided for in this Ordinance, the rules set forth herein shall apply.
a. 
Personal-use cultivation. An individual qualified patient or person with an identification card shall be allowed to cultivate medicinal cannabis indoors within his/her private residence, or an attached garage. For owner-occupied residences, cultivation shall be allowed in an accessory building on the same property. A primary caregiver shall only cultivate medicinal cannabis at the residence of a qualified patient or person with an identification card for whom he/she is the primary caregiver. Medicinal cannabis cultivation for personal use shall be subject to the following requirements:
1. 
Area. The medical marijuana cultivation area shall not exceed 32 square feet measured by the canopy and not exceed 10 feet 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, contiguous designated area.
2. 
Lighting. Medicinal cannabis 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, setback, height requirements, and parking requirements.
4. 
Gas products or flammable or volatile chemicals. The use of gas products (carbon dioxide, butane, etc.) or flammable or volatile chemicals for medicinal cannabis cultivation or processing is prohibited.
5. 
Evidence of cultivation. No evidence of medicinal cannabis cultivation shall be visible from a public right-of-way or from adjacent property.
6. 
Residence. The qualified patient or person with an identification card shall reside in the residence where the medicinal cannabis cultivation occurs.
7. 
Incidental use. The residence shall maintain kitchen, bathrooms, and at least one bedroom for their intended uses. Such rooms shall not be used primarily for cannabis cultivation.
8. 
Ventilation. The medicinal cannabis cultivation area shall include a ventilation and filtration system designed to ensure that odors from the cultivation are not detectable beyond the residence, or beyond the property line for detached single-family residences, and designed to prevent mold and moisture and otherwise protect the health and safety of persons residing in the residence. This shall include, at a minimum, a system meeting the requirements of the current, adopted edition of the California Building Code § 1203.4, Natural Ventilation, or § 402.3, Mechanical Ventilation, or its equivalent(s).
9. 
Storage of chemicals. Any chemicals used for medicinal cannabis 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.
10. 
Nuisance. The medicinal cannabis 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, nor shall it be hazardous due to the use or storage of materials, processes, products or wastes, or from other actions related to the cultivation.
11. 
Property owner authorization. For rental properties, the lessee shall obtain written authorization from the property owner or property-management company to cultivate personal-use or medical marijuana. Such written authorization shall be maintained on the premises at all times and presented at the request of the City.
12. 
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 building shall include a burglar alarm monitored by an alarm company or private security company; C) 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; and D) extension cords or other makeshift equipment on the exterior of a building used to supply power for cannabis cultivation is prohibited.
13. 
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 who is cultivating medicinal cannabis. For rental properties, a copy of the owner's written authorization to cultivate medicinal cannabis shall be posted in the same manner.
b. 
Collective or cooperative cultivation. The collective or cooperative cultivation of medicinal cannabis is prohibited in the City of Firebaugh.