§ 16.62.050. Cultivation.

A.

Except for limited indoor cultivation for personal use as provided in subsection C. herein and as permitted by Health and Safety Code Section 11362.2, no person or persons owning, leasing, occupying, or having charge or possession of any parcel of real property in the city of Arroyo Grande, including primary caregivers and qualified patients, collectives, cooperatives or dispensaries, shall allow such parcel to be used for the cultivation of cannabis. Cultivation of cannabis in violation of this chapter within the city of Arroyo Grande for any purpose is prohibited, and is expressly declared to be a public nuisance.

B.

The prohibition contained in this section is intended to constitute an express prohibition on all outdoor and indoor cultivation of cannabis in the city of Arroyo Grande, except for limited indoor cultivation for personal use.

C.

The limited indoor cultivation of six or fewer live cannabis plants for personal use is permitted within a private residence, or inside an accessory structure to a private residence located upon the grounds of a private residence that is fully enclosed and secure, subject to the following restrictions and standards, and only to the extent such cultivation is authorized by state law:

1.

Pursuant to Health and Safety Code Section 11362.2, "private residence" means a house, an apartment unit, a mobile home, or other similar dwelling. A total of six living plants may be planted, cultivated, harvested, dried, or processed at a single private residence at one time.

2.

No more than fifty (50) contiguous square feet of the interior of the private residence, shall be devoted to the cultivation of cannabis. The cannabis plants being cultivated shall not exceed ten (10) feet in height.

3.

The area used for cultivation shall comply with California Building, Electrical and Fire Codes as adopted by city of Arroyo Grande.

4.

The cannabis cultivation shall be concealed so that it is not visible from the exterior of the property, the public right-of-way, and/or neighboring properties.

5.

The lighting for the cultivation shall not exceed twelve hundred (1,200) watts. The use of flammable or combustible products, including but not limited to, propane and butane for cultivation and processing is prohibited. If cultivation is in an accessory structure, light shall not emanate or be visible from outside the accessory structure.

6.

The cannabis cultivation shall not adversely affect the health or safety of the occupants of other properties in the vicinity by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration or other impacts and shall not be maintained in a manner so as to constitute a hazard due to use or storage of materials, processes, products or wastes.

7.

Nothing in this subsection is intended, nor shall it be construed, to preclude any landlord from limiting or prohibiting cannabis cultivation by tenants.

(Ord. No. 687, § 2, 10-10-2017)