Whereas a majority of Nevada County citizens voted for Prop 215, and Whereas the intent of Prop 215 and SB 420 was to insure that any patient in need of Medical Marijuana has safe, affordable and convenient access to Medical Marijuana, and Whereas cannabis have been found to be an effective therapy for treating many debilitating diseases, and Whereas the California Attorney Generalʼs Guidelines for the Security and Non- Diversion of Marijuana Grown for Medical Purposes acknowledges collectives or co-ops that provide medicine for their members substantially comply with State law, and Whereas the California Supreme Court in the City of Riverside v The Inland Empire Patients Health & Wellbeing Collective decision acknowledged that it was incumbent on citizens to use the initiative process to define regulations in their communities, Whereas strict regulations ensure the non-diversion of cannabis into the black market, THEREFORE, BE IT RESOLVED that the County of Nevada does hereby enact the following: Section 1. TITLE These provisions of the Nevada County General Code as be know as the Safe Cultivation Act of Nevada County Section 2. PURPOSE AND INTENT To align the Nevada County Cultivation Ordinance with Ca State Law as defined in Prop 215, SB 420 and The Attorney Generalʼs Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use. To help ensure that seriously ill residents of Nevada County can obtain and use cannabis for medical purposes when deemed appropriate by a physician in accordance with CA law. To protect our community from the adverse impact of unregulated medical cannabis cultivation, distribution, storage, and use practices. To amend Article 5 of Chapter IV of the Nevada County General Code pertaining to the cultivation of medical cannabis consistent with state law. Nothing in this Ordinance purports to permit activities that are otherwise illegal under state or local law. Section 3. DEFINITIONS For the purposes of this initiative, all definitions shall conform to the definitions in SB 420. Section 4. LAND USE CODE AMEDED (1) Article 5 of Chapter IV of the Nevada County General Code is hereby amended as follows: Section G-IV 5 4 Cannabis Cultivation Restrictions (A) Medical Marijuana Cultivation may only be undertaken by a Qualified Patient or a Qualified Primary Caregiver on a Legal Parcel or a Legal Premises that is occupied by at least one Qualified Patient or member of a Legal Collective.
(B) Indoor Cultivation may only occur within a legal structure that meets all applicable provisions of the Countyʼs Land Use and Development Code. Cultivation within any detached accessory structure that does not meet the definition of Indoor shall be considered Outdoor Cultivation. Greenhouses are declared Outdoor Cultivation. (C) All electrical and plumbing used for Indoor Cultivation of Marijuana shall be installed by a licensed Electrical Contractor and valid electrical and plumbing permits must be obtained from the Nevada County Building Department. (D) The following limitations apply to Cultivation of Medical Marijuana located on Residential properties within the unincorporated area of Nevada County. All cultivation shall be limited to the personal needs of the Qualified Patients that reside on the property. (1) Premises located within any area zoned primarily for residential uses (e.g. R-1, R-2 or R-3) shall be limited to the following: (a) The defined areas of cultivation are in accordance with this section, and the cultivation does not exceed the marijuana plant quantities listed below. (b) Collective Cultivation is banned in Residential Zones R-1, R-2 and R-3 and shall be limited to the qualified patients residing in the Premises. 1. Indoor Grow areas are restricted to one hundred (100) square feet per Qualified Patient. a. The indoor space may be divided to allow for a Vegetative Room and a Flowering Room as long as the total area does not exceed the maximum allowance. b. Indoor Grows in Residential Zones R1 - R3 may not exceed two hundred (200) square feet regardless of the number of qualified patients residing on the premises. c. Precautions are taken to mitigate the odor, light, or noise from disturbing neighbors, i.e., install carbon filters and block light from escaping outside the grow room. 2. Parcels on less than two (2) acres are limited to Indoor Cultivation only. 3. Residential Parcels over two (2) acres are restricted to twelve (12) immature plants or six (6) mature plants for Outdoor Cultivation. 4. The use of Greenhouses are encouraged to control odors, to obscure the garden from public sight, and to increase safety measures.
(E) The Following limitations apply to the Cultivation of Marijuana for properties zoned RA, AG, AE, FR, or TPZ, located within the unincorporated within the unincorporated area of Nevada County. " (a) All Marijuana Cultivation is limited to the Qualified Patient or Primary " " Caregiver that resides on the property unless they are cultivating for a Legal " Collective and the following restrictions are met: 1. For parcels less than two acres, a total of twelve immature or six mature plants may be cultivated outdoors, plus one hundred (100) square feet of indoor space for each Qualified Patient, not to exceed a total of two hundred (200) square feet regardless of the number of members in the Collective. 2. For parcels greater than two (2) acres, but less than five (5) acres, twenty-four (24) immature or eighteen (18) mature plants may be cultivated outdoors, plus one hundred (100) square feet for each Qualified Patient, not to exceed a total of three (300) square feet regardless of the number of members in the Collective. 3. For parcels greater than five (5) acres, but less than ten (10) acres, thirty-six (36) immature or twenty-four (24) mature plants may be cultivated outdoors, plus one hundred (100) square feet for each Qualified Patient, not to exceed four hundred (400) square feet regardless of the number of members in the Collective. 4. For parcels greater than ten (10) acres, but less than twenty (20), forty-eight (48) immature or thirty-six (36) mature plants may be cultivated outdoors, plus one hundred (100) square feet for each qualified Patient, not to exceed five hundred (500) square feet regardless of the number of members in the Collective. 5. For parcels greater than twenty acres (20) acres, but less than thirty (30) acres, a total of 60 immature or forty-eight (48) mature plants may be cultivated outdoors, plus one hundred (100) square feet for each Qualified Patient, not to exceed six hundred (600) square feet regardless of the number of members in the Collective. 6. For parcels greater than thirty (30) acres, a total of ninety-nine (99) immature plants or sixty (60) mature plants may be cultivated outdoors, plus one hundred (100) square feet for each Qualified Patient, not to exceed one thousand (1,000) square feet regardless of the number of members in the Collective. (f)the following setbacks shall apply to all Outdoor Cultivation areas and shall be measured in a straight line from the nearest point of the Cultivation area to the nearest exterior wall of the neighboring primary living structure and/or rental units if occupied. (1) On all Residential R-1, R-2 and R-3 Parcels, the Cultivation Area shall be at least one hundred (100) feet from any legal residence located on an adjacent separate Legal Parcel.
(2) On all Parcels zoned RA, AG, AE, FR, or TPZ, the Cultivation Area shall be at least five hundred (500) feet from any legal residence located on an adjacent separate Legal Parcel. (3) All Marijuana Cultivation Areas shall be at least 1000ʼ from any School, Church, Public Park, Child Care Center, or any facilities that primary cater to children. (4) Marijuana shall not be visible from the Public View at any stage of growth. (5) Wherever Medical Marijuana is grown, a copy of a current, valid State-issued MMJ identification card, physician recommendation or Affidavit shall be posted inside the Cultivation Area. (6) All renters must obtain a signed letter from their landlordʼs authorizing them to cultivate Medical Marijuana on their premises if all local and State regulations are followed. ENFORCEMENT A." Any controversy between landowners or persons cultivating Medical Marijuana may be submitted to a grievance committee at any time. B." The committee shall be composed of one individual appointed by the County Agricultural Commissioner, one individual appointed by the President of the Nevada County Bar Association, and a third from Americans for Safe Access. C." If this procedure is utilized, it shall be upon the condition that the parties recognize the value and importance of full discussion and complete presentation and agreement concerning all pertinent facts in order to eliminate any misunderstandings, and further, that the parties will cooperate in the exchange of pertinent information concerning the controversy. D." The controversy shall be presented to the committee by written request directed to one of the appointing parties and signed by all parties to the controversy. A grievance committee shall be appointed within ten (10) days of the first receipt of the request. Thereafter, the committee may investigate the facts of the controversy, but must, within thirty (30) days of the original request, hold a meeting to consider the merits of the matter and within ten (10) days of the meeting must render a written decision to the parties. At the time of the meeting both parties shall have an opportunity to present what each considers to be pertinent facts. E." The decision of the committee shall not be binding. If, however, one of the parties is not satisfied with the committee's decision, upon agreement of both parties, the matter may be submitted to binding arbitration according to Part 3, Title 9 of the Code of Civil Procedure. The parties shall either agree in advance on an arbitrator for the controversy, or if not, the procedure set forth in Section 1281.6 of the Code of Civil Procedure shall be used to select an arbitrator. (Ord. #1627.) Sec. L-XIV 1.6 Severability of Provisions If any section or provision of this Article or the application thereof to any person or circumstance is held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect any other section or application of this ordinance which can be given effect without the invalid or unconstitutional provision or application and to this end the provisions of this ordinance are severable.
No portion of this Ordinance maybe amended or altered without a vote of the People in a regularly scheduled election or by another voterʼs ballot initiative.