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Development Department in Arcata, California, in response to constant citizen complaints from what <br />had become an extremely serious community problem, the Arcata City Council revised its Land Use <br />Standards for Medical Marijuana Cultivation and Dispensing. In December of 2008, City of Arcata <br />Ordinance #1382 was enacted. It includes the following provisions: <br />"Categories: <br />1. Personal Use <br />Cooperatives or Collectives <br />Medical Marijuana for Personal Use: An individual qualified patient shall be allowed to cultivate <br />medical marijuana within his/her private residence in conformance with the following standards: <br />1. Cultivation area shall not exceed 50 square feet and not exceed ten feet (10' in height. <br />a. Cultivation lighting shall not exceed 1200 watts; <br />b. Gas products (C02, butane, etc.) for medical marijuana cultivation or processing is <br />prohibited. <br />C. Cultivation and sale is prohibited as a Home Occupation (sale or dsnensing is <br />prohibited). <br />d. Qualified patient shall reside in the residence where the medical marijuana cultivation <br />occurs; <br />e. Qualified patient shall not participate in medical marijuana cultivation in any other <br />residence. <br />f. Residence kitchen, bathrooms, and primary bedrooms shall not be used primarily for <br />medical marijuana cultivation; <br />g. Cultivation area shall comply with the California Building Code § 1203.4 Natural <br />Ventilation or § 402.3 Mechanical Ventilation. <br />h. The medical marijuana cultivation area shall not adversely affect the health or safety <br />of the nearby residents. <br />2. City Zoning Administrator my approve up to 100 square foot: <br />a. Documentation showing why the 50 square foot cultivation area standard is not <br />feasible. <br />b. Include written permission from the property owner. <br />C. City Building Official must inspect for California Building Code and Fire Code. <br />d. At a minimum, the medical marijuana cultivation area shall be constructed with a 1- <br />hour firewall assembly of green board. <br />e. Cultivation of medical marijuana for personal use is limited to detached single family <br />residential properties, or the medical marijuana cultivation area shall be limited to a <br />garage or self-contained outside accessory building that is secured, locked, and fully <br />enclosed. <br />Medical Marijuana Cooperatives or Collectives. <br />1. Allowed with a Conditional Use Permit. <br />2. In Commercial, Industrial, and Public Facility Zoning Districts. <br />3. Business form must be a cooperative or collective. <br />4. Existing cooperative or collective shall be in full compliance within one year. <br />5. Total number of medical marijuana cooperatives or collectives is limited to four and <br />ultimately two. <br />6. Special consideration if located within <br />a. A 300 foot radius from any existing residential zoning district, <br />b. Within 500 feet of any other medical marijuana cooperative or collective. <br />© 2009 California Police Chiefs Assn. 16 All Rights Reserved <br />65A-77