§ 50-702. Cultivation of medical marijuana.

The following regulations shall apply to the cultivation of medical marijuana within the city:

(1)

Cultivation not in compliance with this article. It is declared to be unlawful and a public nuisance for any person owning, leasing, occupying or having charge or possession of any parcel or premises within any zoning district in the city to cultivate medical marijuana except as provided for in this Code. No person other than a qualified patient or primary caregiver may engage in the cultivation of marijuana.

(2)

Outdoor cultivation. It is unlawful and a public nuisance for any person owning, leasing, occupying, or having possession of any legal parcel or premises within any zoning district in the city to cause or allow such parcel or premises to be used for the outdoor cultivation of medical marijuana.

(3)

Indoor cultivation. Indoor cultivation of medical marijuana is prohibited in all zoning districts of the city, except for residential zones or in commercial zones, when such cultivation occurs on a parcel or premises with an approved residential development. All cultivation must be in compliance with this article.

(4)

Indoor cultivation in residential uses. The indoor cultivation of medical marijuana in a residential zone or in a commercial zone on a parcel or premises with an approved residential development, shall only be conducted within a fully enclosed and secure structure or within a residential structure. Such cultivation shall be in conformance with the following minimum standards:

a.

Any fully enclosed and secure structure, regardless of square footage, constructed, altered or used for the cultivation of medical marijuana must have a valid building permit issued by the chief building official. The chief building official shall consult with the community and economic development director, planning manager and the chief of police or his/her designee, in consideration of any building permit for the construction or alteration of any fully enclosed structure or residential structure to be used for marijuana cultivation.

b.

Either a qualified patient or a primary caregiver shall reside full time on the premises where the medical marijuana cultivation occurs.

c.

The primary use of the property shall be for a residence. Medical marijuana cultivation is prohibited as a home occupation.

d.

All areas used for cultivation of medical marijuana shall comply with chapter 18 (Buildings and Building Regulations) of the Citrus Heights Municipal Code, as well as applicable law.

e.

Indoor grow lights shall not exceed 1,200 watts per light, and shall comply with the California Building, Electrical and Fire Codes as adopted by the city.

f.

The use of gas products (CO ₂ , butane, propane, natural gas, etc.) or generators for cultivation of marijuana is prohibited.

g.

Any fully enclosed and secure structure or residential structure used for the cultivation of medical marijuana must have a ventilation and filtration system installed that shall prevent marijuana plant odors from exiting the interior of the structure and that shall comply with chapter 18 (Building and Building Regulations) of the Citrus Heights Municipal Code.

h.

A fully enclosed and secure structure used for the cultivation of medical marijuana shall be located in the rear yard area of the parcel or premises, and must maintain a minimum ten-foot setback from any property line. The yard where the fully enclosed and secure structure is maintained must be enclosed by a solid fence at least six feet in height. This provision shall not apply to cultivation occurring in garage.

i.

Adequate mechanical locking or electronic security systems must be installed as part of the fully enclosed and secure structure or the residential structure prior to the commencement of cultivation.

j.

Medical marijuana cultivation occurring inside a residential structure shall be in an area no larger than 50 square feet, and shall not exceed a volume of greater than 300 cubic feet, regardless of how many qualified patients or primary caregivers reside at the premises.

k.

Medical marijuana cultivation occurring inside a fully enclosed and secure structure shall not exceed 100 square feet, and shall not exceed a volume of greater than 600 cubic feet, regardless of how many qualified patients or primary caregivers reside at the premises.

l.

The residential structure shall remain at all times a residence, with legal and functioning cooking, sleeping and sanitation facilities with proper ingress and egress. These rooms shall not be used for medical marijuana cultivation where such cultivation will prevent their primary use for cooking of meals, sleeping and bathing.

m.

Cultivation of medical marijuana shall only take place on impervious surfaces.

n.

From a public right-of-way, there shall be no exterior evidence of medical marijuana cultivation occurring on the parcel.

o.

Medical marijuana cultivation shall not occur in both a fully enclosed and secure structure and a residential structure on the same parcel.

p.

Medical marijuana cultivation area, whether in a fully enclosed and secure structure or inside a residential structure, shall not be accessible to persons under 18 years of age.

q.

Written consent of the property owner to cultivate medical marijuana within the residential structure shall be obtained and shall be kept on the premises, and available for inspection by the chief of police or his/her designee.

r.

A portable fire extinguisher, that complies with the regulations and standards adopted by the state fire marshal and applicable law, shall be kept in the fully enclosed and secure structure used for cultivation of medical marijuana. If cultivation occurs in a residential structure, the portable fire extinguisher shall be kept in the same room as where the cultivation occurs.

(Ord. No. 2013-007, § 1, 7-11-2013; Ord. No. 2016-008, § 4, 9-22-2016)