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HomeMy WebLinkAboutOrdinance - 2529 - Amend Title 18V a ORDINANCE NO. 2529 AN ORDINANCE AMENDING TITLE 18 (ZONING), CHAPTER 18.43 (STANDARDS FOR SPECIFIC LAND USES) OF THE CITY OF REDDING MUNICIPAL CODE BY AMENDING SECTION 18.43.100 (MEDICAL MARIJUANA CULTIVATION AT PRIVATE RESIDENCES) WHEREAS, the Planning Commission held a duly noticed public hearing on May 12, 2015, pertaining to amendment of Redding Municipal Code 18.43.100, and recommended that the City Council adopt said amendment and an Addendum to the Mitigated Negative Declaration prepared for the Zoning Ordinance; and WHEREAS, the City Council held a duly noticed public hearing on June 16, 2015, prior to the first reading of this ordinance; and WHEREAS, the Addendum to the Mitigated Negative Declaration (attached to the staff report) prepared for the amendment to Redding Municipal Code 18.43.100 is appropriate since there is no substantial evidence, in light of the whole record before the City of Redding, that the proposed amendment will have a significant effect on the environment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF REDDING AS FOLLOWS: Section 1. The City Council hereby adopts the Addendum to the Mitigated Negative Declaration prepared for the amendment to Redding Municipal Code 18.43.100. Section 2. Title 18 (Zoning), Chapter 18.43 (Standards for Specific Land Uses), Section 18.43.100 is hereby amended to read as follows: 18.43.100 Medical Marijuana Cultivation at Private Residences A. [No Change to Subsection A] B. Allowable Accessory Use. Qualified patients and designated primary caregivers shall be allowed to cultivate marijuana at their private residences in accordance with a physician's recommendation. Cultivation activities shall be at a scale that is accessory to the primary use of the property and must be consistent with the standards established below. C. Plant Limitation. Maximum of six (6) marijuana plants, whether mature or not, may be planted or cultivated at any individual residential address assigned to a legally established residence. Said plants may be grown indoors or outdoors, or a combination thereof, in accordance with the requirements of this Code. D. Outdoor Cultivation Standards 1. [No Change to Subsections D.1 through D.3, inclusive] 4. Certain Uses. No outdoor cultivation shall be allowed on property within 1,000 feet of the following facilities, as measured from the nearest property line of a parcel where cultivation occurs to the to the nearest property line that is occupied by: a public or private elementary school, middle school, high school, public park, a library, or a youth -oriented facility, herein defined as any establishment that advertises in a manner that identifies the establishment as catering to or providing services primarily intended for minors, or if the individuals who regularly patronize, congregate or assemble at the establishment are predominantly minors. E. In -Residence Cultivation 1. A maximum of 10 percent or 100 square feet, whichever is larger, of the total floor area of a residence may be used for cultivation purposes. Total floor area of a residence does not include garage, attic, or other spaces not customarily used for living purposes. 2. [No Change to Subsection E.2 through E.6, inclusive] F. [No Change to Subsection F] G. Exceptions The Director may grant limited exceptions to the maximum allowed cultivation area for a qualified patient or designated caregiver and/or the—minimum cultivation area setbacks established by this section, in accordance with the provisions of Section 18.15.030(W) (Zoning Exceptions, Medical Marijuana Cultivation). H. [No Change to Subsection H] Section 3. Interim Urgency Ordinance No. 2528 shall have no further force or effect as of the effective date of this Ordinance and is thereby repealed as of said effective date. Section 4. This Ordinance shall take effect thirty (30) days after the date of its adoption, and the City Clerk shall certify to the adoption thereof and cause its publication according to law. 0 0 I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City Council of the City of Redding at a regular meeting on the 16th day of June, 2015, and was duly read and adopted at a regular meeting on the 21st day of July, 2015, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ATTEST: 1�p6vrd4 ot'o-- PAMELA MIZE, Cit Jerk Cadd, Schreder, Weaver, & Sullivan McArthur None None r !�� CIE SULLIVAN Mayor APPROVED AS TO FORM: BARB E. e ALT, City Attorney