Bradbury Municipal Code Art. III Personal Cultivation

For purposes of this Article III, the following words, terms and phrases shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Authorized grower means a person 21 years and older who is authorized by, and in compliance with, State law to cultivate marijuana indoors for personal use, including medical use, and who has obtained a permit from the Development Services Department to cultivate plants for personal use in accordance with AUMA.

Cultivation means any activity involving the planting, growing, harvesting, drying, curing, grading, trimming, or otherwise processing of marijuana plants or any part thereof.

Fully enclosed and secure structure means a fully-enclosed space within a building that complies with the California Building Code (CBC), as adopted by the City, or if exempt from the permit requirements of the CBC, that has a complete roof, a foundation, slab or equivalent base to which the floor is secured by bolts or similar attachments, is secure against unauthorized entry, and is accessible only through one or more lockable doors. Walls and roofs must be constructed of solid materials that cannot be easily broken through such as two inch by four inch nominal or thicker studs overlaid with three-eighths inch or thicker plywood or the equivalent. Plastic sheeting, regardless of the mil or inches, or similar products do not satisfy this requirement. If indoor grow lights or air filtration systems are used, they must comply with the building and construction codes as adopted by the City. If skylights are used, security bars shall be added to the skylights.

Immature marijuana plant means a marijuana plant, whether male or female, that has not yet flowered and which does not yet have buds that are readily observed by unaided visual examination.

Mature marijuana plant means a marijuana plant, whether male or female, that has flowered and which has buds that are readily observed by unaided visual examination.

Outdoor means any location within the City that is not within a fully enclosed and secure structure.

Private residence means a house, apartment unit, mobile home, or other similar dwelling unit.

(Ord. No. 345, § 3(9.05.110.050), 12-20-2016)

No outdoor cultivation of marijuana plants shall be allowed in the City, even for personal use. (This section shall be of no further force or effect and shall be deemed repealed upon a determination by the California Attorney General that nonmedical use of marijuana is lawful in the State under Federal law.)

(Ord. No. 345, § 3(9.05.110.060), 12-20-2016)

(a) Notwithstanding anything in Article I or II of this chapter to the contrary, an authorized grower shall be allowed to cultivate marijuana for personal use only within a private residence or a fully enclosed and secure accessory structure to a private residence, not visible to the public, in a residential or agricultural zone, subject to the following regulations in addition to all regulations set forth in AUMA:

(1) The marijuana cultivation area shall be contained within one single room.

(2) The marijuana plants shall not come within 12 inches of the ceiling or any cultivation lighting.

(3) Marijuana cultivation lighting shall not exceed 1,200 watts in total for the total cultivation area within the residence.

(4) The use of gas products such as but not limited to CO 2 , butane, methane, or any other flammable or nonflammable gas for marijuana cultivation or processing is prohibited.

(5) There shall be no exterior visibility or evidence of marijuana cultivation outside the private residence or accessory structure from the public right-of-way, including but not limited to any marijuana plants, equipment used in the growing and cultivation operation, and any light emanating from cultivation lighting.

(6) The authorized grower shall reside full-time in the residence where the marijuana cultivation occurs.

(7) The authorized grower shall not participate in marijuana cultivation in any other location within the City.

(8) The residence shall include fully functional and usable kitchen, bathroom, and bedroom areas for their intended use by the resident authorized grower, and the premises shall not be used primarily or exclusively for marijuana cultivation.

(9) The marijuana cultivation area shall be in compliance with the provisions of the applicable building and construction codes as set forth in the Bradbury Municipal Code. The Building Official may impose additional conditions to meet such codes if necessary, including but not limited to installation of fire suppression sprinklers.

(10) The marijuana cultivation area shall not result in a nuisance or adversely affect the health, welfare, or safety of the resident or nearby residents by creating dust, glare, heat, noise, noxious gasses, odors, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials, processes, products or wastes.

(11) No more than six marijuana plants, mature or immature, may be planted, cultivated, harvested, dried, or processed within a single private residence at one time.

(12) The marijuana plants and any marijuana in excess of 28.5 grams produced by plants must be kept in a locked space on the grounds of the private residence, which space is not visible from the public right-of-way by normal unaided vision.

(b) No person shall cultivate marijuana in any private residence unless and until such person first secures a permit from the City and pays such fee as may be required and set forth by resolution of the City Council.

(c) The permit application shall be in a form approved by the City and shall, at a minimum, include:

(1) The person's name and date of birth as verified by a valid driver's license, State-issued identification card, or passport;

(2) A site plan of the residence and accessory structure if applicable, which may be hand-drawn, indicating where the plants will be located;

(3) A description of the method used to secure the plants;

(4) An identification of any special lighting or other equipment that will be used to aid in the cultivation of the plants;

(5) If the applicant is the owner of the private residence, proof of such ownership; and

(6) If the applicant is not the owner of the private residence, a copy of the lease or other rental agreement, along with a signed statement from the owner that the applicant has permission to cultivate plants in accordance with the provisions of AUMA and this chapter.

(Ord. No. 345, § 3(9.05.110.070), 12-20-2016)