Redding Wellness Collective

I. Allow limited indoor and outdoor cultivation, ensuring that the primary use of the property is

retained for residential purposes. The goal of these provisions is to make sure that cultivation

remains a limited accessory activity to the use of a property as a residence and to prohibit the

conversion of residential property into "grow houses," as has occurred in some other

communities.

2. Establish a maximum plant "canopy" area of I 00 square feet per qualified patient, not to exceed

the cultivation needs of three such patients, for a maximum canopy area of 300 square feet on

a property (see exception provisions below). This limitation applies whether cultivation occurs

indoors, outdoors, or in any combination of both.

3. Establish the following setbacks from property lines and other homes for outdoor cultivation

areas, with some limited exception provisions:

. Front yard: Behind the main residence.

. Street side yard: 15 feet.

. Interior side and rear yards: 10 feet.

. Minimum distance to any residence on an adjoining property: 30 feet.

4. To increase security, establish a maximum plant height for outdoor cultivation of 8 feet and

require that the plant be screened from normal public view.

5. Prohibit all outdoor cultivation within 300 feet of a school or other youth-oriented facility.

6. Limit indoor cultivation to 10 percent of the floor area of a residence, provided that the

residence maintains fully functional kitchen, bathroom, and primary bedroom areas at all times.

Either a patient, caregiver, or both must reside on the property for cultivation to be legal.

7. Require adequate ventilation and humidity control for indoor grow areas. If electrical

requirements for lighting and ventilation exceed 1,200 watts in a residence, certification from

a licensed electrician that the electrical circuits are suitable for the expected load must be

obtained.

8. Require that an affidavit be filed with the City if the patient or caregiver cultivates all or any

portion of the marijuana crop for distribution at a dispensary, attesting that the cultivator

understands and will comply with local regulations regarding cultivation of medical marijuana.

In these cases, the Commission felt that the activity goes beyond the quantity needed for

personal use of the patient and, therefore, the quantity estimated to be provided to the

dispensary should be disclosed.

9. Add Section 18.15.I30(V) (Zoning Exceptions) to include the following provISIons:

(I) establish an exception process to allow minimum additional cultivation area (maximum

20 percent additional area) based on the medical needs of the patient as determined by a

physician; and (2) allow exceptions to reduce the outdoor cultivation-area setbacks by up to

20 percent based on findings related to the size, shape, topography, or similar property

constraints.

CHAPTER 18.43: STANDARDS FOR SPECIFIC LAND USES

SECTION 18.43.100 MEDICAL MARIJUANA CULTIVATION AT PRIV ATE RESIDENCES (NEW SECTION)

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 minimizes 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 shalJ be

alJowed to cultivate marijuana at their private residences in accordance with a physician's

recommendation for up to three qualified patients. Cultivation activities shalJ 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 I 00 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 based on the

specific recommendation of a physician as addressed in Subsection G below. As used in this

section, "canopy area" shalJ mean the total combined canopy area for alJ 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 folJowing minimum cultivation-area setbacks apply to open

cultivation areas, as welJ as those located within enclosed accessory structures and shalJ be

adhered to unless a Zoning Exception is granted by the Director as specified below.

a. Front yard. Cultivation areas shalJ not be located forward of the rear foundation of the

primary residence, including any attached garage or similar attached structure.

b. Street side yard. 15 feet.

c. Interior side and rear yard. 10 feet.

d. Distance/rom the nearest residence which is not located on the same parcel. 30 feet.

2. Security. Outdoor cultivation areas shalJ be contained within a non-climbable minimum

6-foot-high fence equipped with a locking gate.

ITEM (P.2-

3. 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).

4. Proximity to Schools. No outdoor cultivation shall be allowed on property located within

300 feet of the grounds of a library, public or private school, or park, or youth-oriented

establishment as defined in Redding Municipal Code Chapter 6.12.

E. In-Residence Cultivation

1. A maximum of 10 percent or 100 square feet, whichever is larger, ofthe 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

include garage, attic, or other spaces not customarily used for living purposes.

2. Total electrical loads for the cultivation of marijuana shall not exceed 1,200 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.

3. The use of gas products (C02, butane, etc.) for medical marijuana cultivation is prohibited.

4. The qualified patient and/or a designated primary caregiver shall reside in the residence

where the medical marijuana cultivation occurs.

5. The residence shall maintain a fully functional kitchen, bathroom(s), and 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.

6. 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.

F. Other Requirements

I. Medical marijuana cultivation is prohibited as a Home Occupation.

2. The medical marijuana cultivation area(s) shall not adversely affect the health or safety of

nearby residents, or cause annoyance or discomfort to any reasonable person of normal

sensitiveness; by creating glare, heat, noxious gasses, odor, smoke, vibration, or other

impacts, or be hazardous due to the use or storage of materials, processes, products, or

wastes.

G. Exceptions

The Director may grant limited exceptions to the maximum allowed cultivation area for a

qualified patient or designated caregiver and/or the minimum cultivation area setbacks

H. Medicinal Marijuana Cultivation Affidavit

Persons residing in a residence who cultivate medical marijuana for their sole personal use in

quantities recommended 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

name of the collective for which the medical marijuana is being supplied and the quantity of

medical marijuana 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.