HomeMy WebLinkAboutOrdinance - 2528 - Cultivation of Marijuana•
ORDINANCE NO. 2528
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AN UNCODIFIED INTERIM URGENCY ORDINANCE PURSUANT TO
CALIFORNIA GOVERNMENT CODE SECTION 65858 TO TEMPORARILY
PROHIBIT THE CULTIVATION OF MARIJUANA IN EXCESS OF SIX (6)
PLANTS AT PRIVATE RESIDENCES WITHIN THE CITY OF REDDING AND
TO TEMPORARILY PROHIBIT THE CULTIVATION OF MARIJUANA
WITHIN ONE -THOUSAND (1000) FEET OF ANY LIBRARY, PUBLIC OR
PRIVATE SCHOOL, PARK OR YOUTH ORIENTED ESTABLISHMENT, AS
DEFINED
WHEREAS, on November 6, 1996, the voters of the State of California approved Proposition 215,
which was codified as Health and Safety Code sections 11362.5 et seq., and entitled "The
Compassionate Use Act of 1996" ("CUA"); and
WHEREAS, in 2003 the State of California enacted Senate Bill 420 to clarify the scope of the CUA
and to allow public entities to adopt and enforce rules and regulations consistent with Senate Bill 420;
and
WHEREAS, California Health and Safe Code section 11362.83 expressly allows cities to adopt and
enforce ordinance that are consistent with Senate Bill 420; and
WHEREAS, the Third District Court of appeal in Maral v. City of Live Oak (2013) 221 Cal.App.4tn
975 held that, because there is no statutory or constitutional right to cultivate marijuana, a municipality
may enact a total ban on marijuana cultivation; and
WHEREAS, the City Council of the City of Redding adopted Redding Municipal Code ("RMC')
18.43.100.C. which permits the cultivation of marijuana at private residences in an amount not to
exceed one hundred (100) square feet of canopy area for each qualified patient, for a maximum of three
(3) qualified patients, on any individual address or on any individual parcel.
WHEREAS, RMC 18.43.100.D(4) further provides that no outdoor cultivation shall be allowed on
property located within three hundred (300) feet of the grounds of a library, public or private school, or
park, or youth -oriented establishment as defined in Redding Municipal Code Chapter 6.12.
WHEREAS, Government Code section 65858(a) provides that the legislative body of a city, to
protect the public safety, health, and welfare, may adopt as an urgency measure an interim ordinance
prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning
proposal that the legislative body, planning commission or the planning department is considering or G
studying or intends to study within a reasonable time.
WHEREAS, Government Code section 65858 provides that adoption of an interim ordinance as 113
an urgency measure requires a four-fifths (4/5) vote of the legislative body. c
WHEREAS, Government Code section 65858(a) provides that an interim urgency ordinance shall
be of no further force and effect forty-five (45) days after its date of adoption, but that the interim
urgency ordinance may be extended by a vote of four-fifths (4/5) of the members of the City Council.
WHEREAS, the City Council previously adopted Ordinance No. 2525 as an interim urgency
ordinance which provided that no person shall plant or cultivate marijuana at a private residence within
the City of Redding in excess of six (6) marijuana plants, whether mature or not and that no person shall
plant or cultivate marijuana out of doors within one thousand (1000) linear feet of any library, public or
private school, or park, or youth -oriented establishment, herein defined as any facility or location which
has as its primary purpose the service or accommodation of persons under the age of eighteen (18)
years.
WHEREAS, to protect the public health, safety and welfare, it is the desire of the City Council to
adopt an interim urgency ordinance to temporarily stay and hold in abeyance certain marijuana
cultivation allowances set forth in RMC section 18.43.100 and to further limit the outdoor cultivation of
marijuana consistent with this interim urgency ordinance.
WHEREAS, pursuant to Government Code Section 65858, the City Council desires to extend the
prohibitions set forth in Ordinance No. 2525 until 12:01 a.m., on November 1, 2015.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF REDDING AS
FOLLOWS:
Section 1. Findings.
The City Council of the City of Redding adopts and finds as true and correct the aforementioned
recitals and the following findings:
A. Redding Municipal Code section 18.43.100 is intended to implement state law by providing
a means for regulating the cultivation of medical marijuana in a manner which balances the
needs of medical marijuana patients and their caregivers to promote the health, safety, and
welfare of the residents and businesses within the City of Redding.
B. Since the adoption of RMC 18.43.100, City of Redding Code Enforcement staff has been
occupied on a near full time basis during the primary harvest months of September and
October due to issues relating to marijuana cultivation thereby causing a detrimental impact
on enforcement of the RMC.
C. Because RMC 18.43.100 relies upon Code Enforcement staff to calculate marijuana canopy
area, RMC 18.43.100 has been difficult to enforce and has been a source of confusion to
those who lawfully cultivate marijuana at a private residence.
D. Since the adoption of RMC 18.43.100, there has been an increase in trespass and burglary
due to the high commercial value of marijuana crops made possible by RMC 18.43.100,
which permits anywhere between one hundred (100) and three hundred (300) square feet
of marijuana to be cultivated at a private residence.
E. Marijuana grows of the scale permitted by RMC 18.43.100.C. on smaller parcels have
resulted in violations of set back requirements required by the RMC thereby increasing the
likelihood of access to marijuana plants from neighboring parcels.
F. The scale and magnitude of marijuana cultivation consistent with RMC 18.43.100 has
resulted in an attractive nuisance for children and increases the likelihood of offensive odors
traveling off of the premises and negatively impacting the quality of life for those living
proximate to the marijuana crop.
G. Due to recent enactment of ordinances by the County of Shasta, County of Glenn, and
County of Tehama which forbid outdoor cultivation, there is a substantial risk that
cultivation activity will increase within the City of Redding due to the relative permissiveness
of RMC 18.43.100.
H. Due to the economic value of a marijuana crop made permissible by RMC 18.43.100, the
Redding Police Department has observed that some cultivators have armed themselves to
protect the economic value of their crop thereby increasing risk of harm to the cultivator,
his or her neighbors, and any person who is attempting to gain access to the marijuana.
I. As recognized by the California Attorney General's August, 2008, Guidelines for the Security
and Non -Diversion of Marijuana Grown for Medical Use, the cultivation or other
concentration of marijuana in any location or premises without adequate security increases
the risk that surrounding homes or businesses may be negatively impacted by nuisance
activity such as loitering or crime.
J. The high commercial value of a marijuana crop made permissible by RMC 18.43.100
substantially increases the risks identified by the California Attorney General.
K. Due to the high economic value of a marijuana crop made permissible by RMC 18.43.100,
Code Enforcement staff has observed that some marijuana crops have been commercially
grown by tenants on behalf of out -of -area property owners as partial consideration for
payment of rent.
L. Cultivation of any amount of marijuana at locations or premises within one thousand (1000)
feet of a library, public or private school, or park, or youth -oriented establishment, as
defined in Redding Municipal Code Chapter 6.12, creates unique risks that the marijuana
plants may be observed by juveniles and therefore be especially vulnerable to theft or
recreational consumption by juveniles while, at the same time, posing a risk of harm to such
juveniles.
M. RMC 18.43.100 has proven inadequate to control the negative secondary impacts of
marijuana cultivation as found herein.
N. Due to unusual climatic and environmental conditions, including the prolonged drought
conditions and resultant dry winter, the 2015 outdoor marijuana cultivation season is
expected to start before a non -urgency ordinance could take effect.
O. A reduction in the commercial value of a marijuana crop made permissible by RMC
18.43.100 will substantially alleviate the nuisance conditions relating to odor and set back
requirements, as well as the dangers to the cultivator, his or neighbors and the general
public occasioned by trespass and robbery.
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P. An immediate reduction in the commercial value of a marijuana crop made permissible by
RMC 18.43.100 and simplification of the cultivation rules to permit only six (6) marijuana
plants, whether mature or not, will result in more efficient and less time-consuming
enforcement thereby permitting Code Enforcement staff to devote more of its resources to
the general populace in responding to complaints of RMC violations.
Q. Immediate modification of the cultivation and locational medical marijuana standards
within the City of Redding will have the effect of reducing the expected increase in outdoor
cultivation within the City of Redding occasioned by bans of outdoor marijuana cultivation
by the Counties of Shasta, Tehama and Glenn while, at the same time, providing reasonable
allowances for marijuana cultivation sufficient to meet the needs of qualified patients.
R. Immediate modifications to the distance and cultivation standards of RMC 18.43.100 will
substantially reduce the attractive nuisance and dangers to juveniles occasioned by location
of outdoor cultivation on property located as close as three hundred (300) linear feet to a
library, public or private school, or park, or youth -oriented establishment as defined in
Redding Municipal Code Chapter 6.12.
S. If medical marijuana cultivation consistent with RMC 18.43.100 is allowed to proceed
without immediate modification and subsequent review, planning and study, marijuana
cultivation consistent with RMC 18.43.100 will continue to result in ever increasing adverse
secondary effects on neighborhoods and the City of Redding that present an immediate
danger to the public health, safety or welfare.
Section 2. Declaration of Urgency.
A. Pursuant to subdivision (a) of Government Code section 65858, the City Council of the City
of Redding hereby finds that there is an immediate threat to the public health, safety and
welfare in the continued operation of RMC 18.43.100, as that section permits outdoor
marijuana cultivation at private residences in an amount not to exceed one hundred (100)
square feet of canopy area for each qualified patient, for a maximum of three (3) qualified
patients, on any individual address or on any individual parcel.
B. Pursuant to subdivision (a) of Government Code section 65858, the City Council of the City
of Redding hereby finds that there is an immediate threat to the public health, safety and
welfare in the continued operation of RMC 18.43.100, as that section permits outdoor
marijuana cultivation at private residences as close as three hundred (300) linear feet to any
library, public or private school, or park, or youth -oriented establishment as defined in
Redding Municipal Code Chapter 6.12.
Section 3. Prohibition.
A. No person shall plant or cultivate marijuana at a private residence within the City of
Redding in excess of six (6) marijuana plants, whether mature or not.
B. No person shall plant or cultivate marijuana out of doors within one thousand (1000) linear
feet of any library, public or private school, or park, or youth -oriented establishment,
herein defined as any facility or location which has as its primary purpose the service or
accommodation of persons under the age of eighteen (18) years.
Section 4. Enforcement.
A. Violation of this Interim Urgency Ordinance shall be deemed a public nuisance.
B. Violations of this Interim Urgency Ordinance are subject to civil penalties, costs of
enforcement and abatement pursuant to Chapters 1.14 and 1.15 of the RMC.
C. Violations of this Interim Urgency Ordinance are deemed a misdemeanor.
Section S. Remedies and Penalties Not Exclusive.
The remedies and penalties set forth herein are cumulative, alternative and nonexclusive. The
use of one remedy does not prevent the use of any other civil, criminal or administrative remedy set
forth in the Redding Municipal Code or state statute which may be available to enforce this Interim
Urgency Ordinance or to abate a public nuisance. The City Council further states its intent that nothing
in this Interim Urgency Ordinance shall be construed to authorize or encourage the cultivation of
marijuana in violation of state or federal law.
Section 6. Severability.
If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason
held to be unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this Interim Urgency Ordinance. The
Council hereby declares that it would have passed an adopted this Interim Urgency Ordinance and each
and all provisions thereof irrespective of the fact that any one or more of said provisions be declared
unconstitutional, unlawful or otherwise invalid.
Section 7. California Environmental Quality Act.
This Interim Urgency Ordinance is hereby found to be exempt from environmental review
pursuant to section 15061(b)(3) of Title 14 of the California Code of Regulations ("General Rule"
exemption) as the action has no possibility to negatively impact the environment.
Section S. Effectiveness.
A. This Interim Urgency Ordinance is hereby adopted, and is necessary, to protect the public
health, safety and welfare and is adopted as an urgency measure pursuant to the provisions
of Government Code section 65858 and shall, upon adoption by a four-fifths (4/5) vote of
the City Council, become effective and in full force and effect at 12:01 a.m. on June 3, 2015,
and shall remain in effect until 12:01 a.m. on November 1, 2015, unless extended pursuant
to Government Code section 65858.
B. During the effective term of this Interim Urgency Ordinance and any extension thereof, that
portion of RMC 18.43.100.0 which permits the cultivation of marijuana at private residences
in an amount not to exceed one hundred (100) square feet of canopy area for each qualified
patient, for a maximum of three (3) qualified patients, on any individual address or on any
individual parcel and RMC 18.43.100.1)(4), which provides that no outdoor cultivation shall
be allowed on property located within three hundred (300) feet of the grounds of a library,
public or private school, or park, or youth -oriented establishment as defined in Redding
Municipal Code Chapter 6.12 are stayed and held in abeyance. All other portions and
subdivisions of RMC 18.43.100 shall remain in full force and effect.
HEREBY CERTIFY that the foregoing ordinance was introduced, read and adopted by the City
Council at a regular meeting on the 2nd day of June, 2015, by the following vote:
AYES:
COUNCIL MEMBERS:
Cadd, Schreder, Weaver, & Sullivan
NOES:
COUNCIL MEMBERS:
McArthur
ABSENT:
COUNCIL MEMBERS:
None
ABSTAIN:
COUNCIL MEMBERS:
None
ATTEST: I '►�,,,�,
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PAME-LA•MIZE, Cihky Cle
,.
RA IE SULLIVAN, Mayor
APPROVED AS TO FORM:
BARRY E. DeWALT, City Attorney