All marijuana cultivation as authorized by Section 17.200.022(C)(2) of this code and by Health and Safety Code Section 11362.1 shall be conducted indoors only and is subject to the restrictions set forth in Health and Safety Code Section 11362.2, all other state regulations, and the following city regulations, which incorporate the definitions contained in Section 17.200.022(B):
A. 
Marijuana cultivation is permitted only by those who have applied for and obtained a cultivation permit from the city and paid any applicable fees. A permit is necessary for each residential unit where marijuana cultivation will occur. The city may conduct inspections of all interior and exterior areas of a property or unit that has been issued a cultivation permit.
B. 
Marijuana cultivation is permitted only within fully enclosed and secure structures inaccessible to minors on residential property. A fully enclosed and secure structure used for the cultivation of marijuana that is separate from the main residence must maintain a minimum ten-foot setback from any property line or the minimum setback required under any other applicable provision of Title 17 if such setbacks exceed ten feet, and the area surrounding the structure must be enclosed by a solid fence at least six feet in height.
C. 
Marijuana cultivation may not occur in both a detached structure and inside a residence on the same parcel. Only one cultivation area is allowed per parcel.
D. 
Marijuana cultivation areas in a structure shall not be accessible to persons under eighteen years of age. Cultivation areas shall be secured by lock and key or other security device which prevents unauthorized entry.
E. 
Indoor cultivation of marijuana shall not exceed twenty-five square feet.
F. 
Marijuana cultivation lighting shall not exceed one thousand two hundred watts and shall be shielded to confine light and glare to the interior of the allowable structure. All lighting use in the cultivation of marijuana shall comply with the California Building, Electrical and Fire Codes as adopted by the city.
G. 
The use of gas products (CO2, butane, etc.) or generators for marijuana cultivation or processing is prohibited.
H. 
From a public right-of-way, there shall be no exterior evidence of marijuana cultivation.
I. 
The residence shall be occupied and is required to maintain a functioning kitchen, bathroom(s) and bedrooms that are to be used only for their intended purposes. These rooms shall not be used for marijuana cultivation.
J. 
Any marijuana cultivation area located within a residence shall not create a humidity or mold problem in violation of any applicable building, health and safety code.
K. 
Any structure used for the cultivation of medical marijuana must have proper ventilation to prevent mold damage and to prevent marijuana plant odors or particles from becoming a public nuisance to surrounding properties or the public. A public nuisance may be deemed to exist if the cultivation produces odors which are disturbing to people of normal sensitivity residing or present on adjacent or nearby property or areas open to the public.
L. 
The marijuana cultivation area shall not adversely affect the health or safety of the nearby residents by creating dust, glare, heat, noise, smoke, traffic, vibration, or other impacts, and shall not be hazardous due to use or storage of materials, processes, products or wastes.
M. 
Use, storage, or discharge into city wastewater facilities of any hazardous chemicals in the cultivation of marijuana is strictly prohibited. "Hazardous chemicals" shall include, but is not limited to, any chemical or substance that is prohibited by the Federal Environmental Protection Agency or the California Department of Food and Agriculture.
N. 
Water usage for cultivation of marijuana under this chapter shall not exceed any limitations imposed by federal, state, or local water restrictions.
O. 
The marijuana grower shall pay any applicable city taxes relating to marijuana.
(Ord. 2547 § 2, 2017)