Chapter 17.48
MARIJUANA ACTIVITIES REGULATIONS
Sections:
17.48.020 Medical marijuana dispensaries prohibited.
17.48.030 Marijuana/cannabis cultivation prohibited.
17.48.035 Commercial cannabis activities prohibited.
17.48.040 Marijuana cultivation and processing for personal use.
17.48.010 Definitions.
The definitions set forth in CMC 8.30.010 shall apply to this chapter. (Ord. 730 § 4(1), 2017).
17.48.020 Medical marijuana dispensaries prohibited.
Medical marijuana dispensaries, as defined in Chapter 8.30 CMC, are prohibited uses in all zoning districts within the City of Calistoga. (Ord. 730 § 4(2), 2017; Ord. 721 § 3, 2016. Formerly 17.48.010).
17.48.030 Marijuana/cannabis cultivation prohibited.
The cultivation of marijuana/cannabis is prohibited in all zoning districts within the City of Calistoga, except as provided in CMC 17.48.040. (Ord. 730 § 4(3), 2017; Ord. 721 § 3, 2016. Formerly 17.48.020).
17.48.035 Commercial cannabis activities prohibited.1
Commercial cannabis activities, as defined in Chapter 8.30 CMC, are prohibited in all zoning districts within the City of Calistoga. (Ord. 721 § 3, 2016. Formerly 17.48.030).
17.48.040 Marijuana cultivation and processing for personal use.
The cultivation of marijuana and the manufacture of marijuana products/by-products for personal use is allowed, subject to the following regulations.
A. Maximum Number of Plants. No more than six marijuana plants per dwelling unit may be planted, cultivated, harvested, dried and processed. This limit shall apply regardless of how many individuals reside at the dwelling unit.
B. Indoor Cultivation.
1. Plants may be cultivated within:
a. A dwelling unit; or
b. A structure that is accessory to a dwelling unit located upon the same parcel, and that is located at least 10 feet from any property line.
2. Marijuana cultivation in a garage associated with a residence shall not prevent compliance with the minimum parking standards required by this title.
C. Outdoor Cultivation. Marijuana may be cultivated outdoors in compliance with all of the following regulations.
1. Outdoor cultivation may occur only within the following zoning districts:
Rural Residential (RR)
Rural Residential-Hillside (RR-H)
One-Family Residential (R-1 and R-1-10)
Planned Development District (PD)
2. Outdoor cultivation is allowed only on a parcel that is occupied by one or more dwelling units.
3. Outdoor cultivation of up to four plants is allowed per qualified parcel.
4. Outdoor cultivation is prohibited on a parcel that is within 300 feet of a school, religious facility, park, child care facility, recreation center or youth-oriented facility. The distance shall be measured in a straight line, without regard to intervening structures, from the closest property line of the parcel on which the outdoor cultivation is occurring.
5. Outdoor cultivation must be enclosed by a solid fence at least six feet in height.
6. Marijuana plants may not be visible from a public right-of-way or neighboring property at ground level.
D. Off-Site Impacts. Odor, vibration and/or light associated with cultivation that causes discomfort or annoyance to any reasonable person of normal sensitivities residing in the area are prohibited.
Any structure used for marijuana cultivation must have a ventilation and filtration system that prevents odors from exiting the interior of the structure and that complies with the California Building Standards Code as adopted and amended by CMC Title 15.
E. Hazardous Materials and Processes.
1. The use of ozone generators and supplemental carbon dioxide to cultivate marijuana is prohibited.
2. The use of compressed, flammable gas as a solvent in the extraction of tetrahydrocannabinol (THC) or other cannabinoids to cultivate marijuana is prohibited. (Ord. 739 § 2, 2018; Ord. 730 § 4(4), 2017).
17.48.050 Public nuisance.
Any use or condition caused or permitted to exist in violation of any of the provisions of this chapter shall be and is hereby declared a public nuisance and may be abated by the City pursuant to the procedures set forth in Chapter 1.12 CMC. (Ord. 730 § 4(5), 2017).
Ord. 730, Section 4 renumbered Section 17.48.020 as 17.48.030. This section has been editorially renumbered to avoid duplication of numbering.