HomeMy WebLinkAboutOrdinance - 2584 - Amend Titles 6 and 18 ORDINANCE NO. 2584
AN ORDINANCE OF THE CITY OF REDDING REPEALING
UNCODIFIED ORDINANCE NUMBER 2577 AND AMENDING TITLE 6
(BUSINESS TAXES, LICENSES AND REGULATIONS) BY REPEALING
CHAPTER 6.12 (MEDICAL MARIJUANA COOPERATIVES AND
COLLECTIVES) AND REPLACING SAID CHAPTER BY ENACTING
CHAPTER 6.12 (CANNABIS) SECTIONS 6.12.010 THROUGH 6.12.650,
INCLUSIVE; AMENDING TITLE 18 (ZONING) BY AMENDING
SECTIONS 18.15.030 (STANDARDS FOR WHICH EXCEPTIONS MAY
BE CONSIDERED); 18.17.030 (TEMPORARY USES REQUIRING
PERMITS); AND SCHEDULES 18.30.020-A (USE REGULATIONS —
"RURAL LANDS" DISTRICT), 18.31.020-A (USE REGULATIONS —
OTHER "RESIDENTIAL" DISTRICTS), 18.32.020-A (USE
REGULATIONS — "LIMITED OFFICE" AND "GENERAL OFFICE"
DISTRICTS), 18.33.020-A (USE REGULATIONS — "COMMERCIAL"
DISTRICTS), 18.34.020-A (USE REGULATIONS — "INDUSTRIAL"
DISTRICTS), 18.35.030-A (USE REGULATIONS — "OPEN SPACE"
DISTRICT), AND 18.36.030-A (USE REGULATIONS — "PUBLIC
FACILITIES" DISTRICT); REPEALING SECTION 18.43.100 (MEDICAL
MARIJUANA CULTIVATION AT PRIVATE RESIDENCES); AND
AMENDING SECTIONS 18.43.110 (HOME OCCUPATIONS); 18.46.120
(NUISANCE ABATEMENT), 18.61.020 (DEFINITIONS) ALL RELATING
TO PROHIBITING OUTDOOR CULTIVATION OF CANNABIS, THE
LICENSING AND REGULATION OF RESIDENTIAL CANNABIS
CULTIVATION AND THE LICENSING AND REGULATION OF
COMMERCIAL CANNABIS ACTIVITY SPECIFIC TO INDOOR
CULTIVATION, MANUFACTURE, DISTRIBUTION, LABORATORY
TESTING, STORAGE, DELIVERY TO DESTINATION POINTS WITHIN
THE CITY OF REDDING, AND RETAIL SALE OF COMMERCIAL AND
MEDICAL CANNABIS GOODS WITHIN THE CITY OF REDDING
WHEREAS, Proposition 64 (the "Adult Use of Marijuana Act") was submitted to the California
electorate at the November 8, 2016, general election; and
WHEREAS, the Adult Use of Marijuana Act ("AUMA") passed and took effect on November
9, 2016; and
WHEREAS, the Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA")
was adopted into law on June 27, 2017; and
WHEREAS, the AUMA immediately made legal the possession, non-retail transfer, and use of
non-medical cannabis for private consumption; and
WHEREAS, the AUMA and MAUCRSA further license the State of California to regulate and
license the cultivation, testing, labeling, and retail sale of non-medical cannabis, including
cannabis products, as well as establish state-wide taxes for the commercial cultivation and retail
sale of non-medical cannabis; and
WHEREAS, the State of California has commenced licensing commercial cultivation and retail
sale of non-medical cannabis and its derivative products on or about January 1, 2018; and
WHEREAS, the expected pervasive presence of cannabis in the State of California necessitates
that local public agencies institute ordinances to pervasively regulate cannabis in order to address
the secondary impacts associated with the possession, use, cultivation, distribution and sale of
cannabis; and
WHEREAS, because cannabis retains a high retail value on the illegal market, it remains a
source of criminal activity, and it therefore becomes necessary to pervasively regulate lawful
commercial activity in order to mitigate and prevent the release of lawful cannabis into the
illegal market; and
WHEREAS, because use of cannabis and cannabis products creates an intoxicating effect on the
user, it is necessary to closely regulate the industry to protect the public health, welfare and
safety; and
WHEREAS, it is the intention of the City Council to pervasively regulate commercial cannabis
activity and indoor cultivation for personal or medical purposes so that cannabis does not easily
become a source of ready access to individuals under the age of twenty-one (21) years; and
WHEREAS, the City Council of the City of Redding therefore has a substantial interest in
regulating cannabis; and
WHEREAS, it is the intention of the City of Redding to conduct frequent, regular and
unannounced inspections of Cannabis Businesses, as defined, in order to advance the substantial
interests addressed herein; and
WHEREAS, the AUMA and MAUCRSA reserve local control to cities for purposes of
regulating outdoor cultivation, indoor cultivation in excess of six (6) plants, manufacture of
cannabis products, processing, laboratory testing, storage, delivery to destination points within
the City of Redding, and retail sale of non-medical cannabis; and
WHEREAS, RMC 18.43.100 licenses the cultivation of six (6) cannabis plants (whether indoor
or outdoor) for medicinal consumption as an accessory use to private residences so long as other
restrictions relating to cultivation standards, security, screening and proximity to schools, parks,
libraries and youth-oriented facilities are honored; and
WHEREAS, the City of Redding has experienced a significant amount of complaints relating to
noxious odors emanating from the outdoor cultivation of cannabis which has a deleterious
impact on the public health, safety and welfare, as well as negatively impacting the use of code
enforcement and law enforcement resources in responding to such complaints; and
WHEREAS, Chapter 6.12 of the RMC prohibits the operation of medical cannabis collectives or
cooperatives, as defined in RMC 6.12.010; and
WHEREAS, the allowances made under state law and the allowance made herein for
commercial and medical cannabis activity make the continuation of the limited allowances for
continued collective activity set forth in RMC 6.12.010 through 6.12.040, inclusive, unnecessary
to retain; and
WHEREAS, due to the operation of the AUMA and MAUCRSA and the prevalence of cannabis
in society resulting from the operation of such laws, it is necessary to regulate commercial and
medical cannabis within the City of Redding in order to protect the public health, safety and
welfare;
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE
CITY OF REDDING DOES ORDAIN AS FOLLOWS:
Section 1. Findings.
The City Council of the City of Redding adopts and finds as true and correct the aforementioned
recitals and incorporates them herein as findings.
Section 2. Ordinance Number 2577 is hereby repealed.
Section 3. Chapter 6.12 (Medical Marijuana Cooperatives and Collectives) of Title 6 of
the Redding Municipal Code, Sections 6.12.010 through 6.12.040, inclusive, is hereby repealed
in its entirety and is replaced by adding Chapter 6.12 (Cannabis) with a title to read as follows:
CANNABIS
Sections:
6.12.010 Definitions.
6.12.020 Outdoor Cannabis Cultivation Prohibited.
6.12.030 Indoor Cannabis Cultivation Regulations—Private Residence.
6.12.040 Cannabis Business License Required.
6.12.050 Notice of Licensure Status.
6.12.060 California Environmental Quality Act.
6.12.070 Cannabis Business Licenses—Fees and Term.
6.12.080 Cannabis Business License Application Requirements.
6.12.090 Cannabis Business License Renewal.
6.12.100 Approval of License With Conditions.
6.12.110 Denial of Cannabis Business License.
6.12.120 Death or Incapacity of Licensee.
6.12.130 Premises.
6.12.140 Co-Location of Cannabis Businesses.
6.12.150 Notification of Changes.
6.12.160 Notification of Criminal, Civil or Administrative Action.
6.12.170 Notification of Theft, Loss, or Criminal Activity.
6.12.180 Cannabis Business Security.
6.12.190 Track and Trace.
6.12.200 Cannabis Waste Management.
6.12.210 Odor Control.
6.12.220 Display of License.
6.12.230 Cannabis Business—Signs.
6.12.240 Advertising and Marketing.
6.12.250 Cannabis Business Sites Restricted.
6.12.260 Storage of Inventory.
6.12.270 Access to Cannabis Businesses.
6.12.280 Attire and Conduct at Cannabis Businesses.
6.12.290 Diversion.
6.12.300 Maintenance of Records.
6.12.310 Site Management.
6.12.320 Consent to Inspection and Right of Access.
6.12.330 Visibility of Cannabis.
6.12.340 Disposal of Cannabis and Cannabis Byproducts.
6.12.350 Cannabis Business Distance Requirements.
6.12.360 Cultivation for Commercial Sale—License Required.
6.12.370 Cultivation Site Buildings and Authorized Cultivation Area.
6.12.380 Retail Sales Prohibited.
6.12.390 Number of Cannabis Retailers Licensed.
6.12.400 Award of Cannabis Retailer License.
6.12.410 Failure to Commence Retail Operations and Abandonment.
6.12.420 Cannabis Retailer—Delivery Only.
6.12.430 Retailer Limited-Access Areas.
6.12.440 Retail Area.
6.12.450 Retail Hours of Operation and Daily Limits.
6.12.460 Retail Customers.
6.12.470 Display of Cannabis Goods.
6.12.480 Sale and Return of Cannabis Goods - Free Cannabis.
6.12.490 Inventory Documentation.
6.12.500 Record of Sales.
6.12.510 Sale of Non-Cannabis Products on Premises.
6.12.520 Retail of Live Plants.
6.12.530 Packaging and Labeling.
6.12.540 Delivery.
6.12.550 Distributors.
6.12.560 Microbusinesses Prohibited.
6.12.570 Cannabis Events Prohibited.
6.12.580 Manufacture of Cannabis Products.
6.12.590 Testing Laboratories and Limited Testing Facilities.
6.12.600 Licensee's Responsibility for Acts of Employees and Agents.
6.12.610 Suspending, Modifying, or Revoking Licenses.
6.12.620 Initiation of Discipline and Appeals.
6.12.630 Non-Disciplinary Modification of Cannabis Business License.
6.12.640 Remedies and Public Nuisance.
6.12.650 Joint and Several Liability.
Section 4. Title 6 of the Redding Municipal Code is amended to add sections
6.12.010 through 6.12.650, inclusive, to Chapter 6.12 as follows:
Section 6.12.010 Definitions.
A. "Cannabis" has the same meaning as defined in Business and Professions Code section
26001.
B. "Cannabis Business" means any enterprise engaged in the cultivation, manufacture,
processing, laboratory testing, storage, delivery, distribution, or retail sale of recreational
or medical cannabis.
C. "Cannabis goods" means cannabis, including dried flower, and cannabis products, as
defined herein.
D. "Cannabis products" shall have the meaning set forth in Health and Safety Code section
11018.1.
E. "Cannabis retailer - delivery only" means a retailer selling cannabis (whether medical or
adult-use) or cannabis products only by delivery and not by completing the transfer in a
building or structure that is open to customers or elsewhere on the retail site.
F. "Cannabis retailer" or "retailer" means a business selling cannabis or cannabis products
to the end user or customer. A cannabis business retailer does not include the following
uses: (1) a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety
Code; (2) a residential care facility for the elderly licensed pursuant to Chapter 3.2 of
Division 2 of the Health and Safety Code; and (3) a residential hospice or a home health
agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code.
G. "Charged" within the meaning of this Chapter means (1) an indictment was issued by a
grand jury, or an information, complaint, or similar pleading was issued by the United
States Attorney, district attorney, city attorney, or other governmental official or agency
authorized to prosecute crimes, and (2) the criminal proceedings are currently pending.
H. "City Manager" shall mean the City Manager of the City of Redding or his/her designee.
I. "Commercial Sale" means the offer, sale or exchange for value of cannabis for
recreational and/or medical use.
J. "Convicted" or "conviction" means a plea or verdict of guilty or a conviction following a
plea of nolo contendere was entered, but does not include any plea, verdict, or conviction
that is expunged pursuant to California law or a similar federal or state law where the
expungement was granted.
K. "Cultivation" or "Cultivate" means any activity involving the planting, growing,
harvesting, drying, curing, grading, trimming or processing of cannabis plants or any part
thereof.
L. "Delivery" means to transport any item from a cannabis business to a person other than a
cannabis business.
M. "Detached, fully-enclosed and secure structure" means a structure completely detached
from a residence that complies with all state and municipal laws and regulations and has
a complete roof enclosure supported by connecting walls extending from the ground to
the roof, a foundation, slab or equivalent base to which the floor is secured by bolts or
similar attachments, is secure against unauthorized entry, is accessible only through one
or more lockable doors and has walls sufficient to obscure view so the contents therein
cannot be recognized from the outside.
N. "Director" means the Director of Development Services for the City of Redding.
Whenever reference is made to the Director, such reference shall be interpreted to include
a designee of the Director.
O. "Distributor" means a person or entity engaged in distribution, as defined by Business
and Professions Code section 26001(r), of cannabis or cannabis products.
P. "Financial interest" shall have the meaning set forth in Section 5004 of Title 16 of the
California Code of Regulations.
Q. "Indoors"means within a fully enclosed and secure structure.
R. "Manufacture" means to compound, blend, extract, infuse, process, or otherwise make or
prepare a cannabis product.
S. "Manufacturer" means a business producing, preparing, propagating, manufacturing or
compounding cannabis and cannabis products. "Cannabis manufacturing business"
includes businesses involving the extraction of a substance from a cannabis plant, the
infusion or mixture of cannabis into another substance, the preparation of an edible item
that contains cannabis, and the packaging and labeling of cannabis or cannabis products.
"Cannabis manufacturing business" does not include a cannabis cultivation business.
T. "Objectionable conditions that constitute a nuisance" means disturbance of the peace,
public intoxication, drinking alcoholic beverages in public, smoking or ingesting
cannabis or cannabis products in public, harassment of passersby, gambling, prostitution,
loitering, public urination, lewd conduct, drug trafficking, or excessive loud noise.
U. "Outdoor" means any area or location not specifically meeting the definition of
Indoors.
V. "Owner" shall have the meaning provided in Section 5003(b) of Title 24 of the California
Code of Regulations.
W. "Person" includes any individual, firm, co-partnership, joint venture, association,
corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or
any other group or combination acting as a unit.
X. "Residential structure" or residence" or "private residence" means any building, or
portion thereof, legally existing which contains living facilities, including provisions for
sleeping, eating, cooking and sanitation and includes a house, an apartment unit, a mobile
home, or similar dwelling.
Y. "Significant discrepancy in inventory" means a difference in actual inventory compared
to records pertaining to inventory of at least one thousand dollars. For purposes of
determining a discrepancy, the acquisition price of the cannabis goods shall be used to
determine the value of cannabis goods in a licensee's inventory.
Z. "Transport" means to physically move items between cannabis businesses. "Transport"
does not include delivery.
Aa. "Volatile solvent" means a solvent that is or produces a flammable gas or vapor that,
when present in the air in sufficient quantities, will create explosive or ignitable mixtures.
"Volatile solvent" does not include carbon dioxide used for extraction or ethanol used for
extraction and post-extraction processing.
Ab. "Youth-oriented facility" shall have the same meaning as set forth for "youth center" in
Business and Professions Code section 26001.
Section 6.12.020 Outdoor Cannabis Cultivation Prohibited.
It is unlawful and a public nuisance for any person to cause or allow any property within the
jurisdictional limits of the City of Redding to be used for the outdoor cultivation or outdoor
storage of cannabis.
Section 6.12.030 Indoor Cannabis Cultivation Regulations—Private Residence.
A. It is hereby declared to be unlawful and a public nuisance for any person, legal entity or
association of individuals to cultivate cannabis indoors at a private residence, except as
provided in this Section.
B. It is unlawful and a public nuisance for any person to cultivate cannabis inside any
residential structure or building without first having been issued a license for such
cultivation by the Director as provided herein. No license shall be issued or be renewed
for a period longer than one (1) year.
C. The indoor cultivation of cannabis at a private residence shall only be conducted within a
detached, fully-enclosed and secure structure or within a residential structure.
Cultivation shall conform to the following minimum standards:
1. No more than six (6) cannabis plants, whether mature or not, may be cultivated
indoors at any private residence.
2. Indoor grow lights shall not exceed 1,200 watts and shall be installed, maintained
and operated in compliance with the Redding Municipal Code. Gas products
(including, but not limited to, CO2, butane, propane and natural gas), or
generators producing electric power shall not be used within any detached, fully-
enclosed and secure structure or residential structure.
3. Any detached, fully-enclosed and secure structure used for the cultivation of
cannabis must have a ventilation and filtration system installed that shall prevent
cannabis plant odors from detection at the property line. The ventilation and
filtration system must be installed prior to commencing cultivation within the
detached, fully-enclosed and secure structure or residential structure.
4. Any detached, fully-enclosed and secure structure or residential structure used for
the cultivation of cannabis shall comply with Title 18 of the Redding Municipal
Code.
5. There shall be no exterior evidence of cannabis cultivation occurring at the
property as detected from the public right-of-way.
D. No license shall be issued when any of the following occur:
1. The license fee for cultivation at a private residence has not been paid. The fee
for such license shall be established by resolution of the City Council.
2. A license has already been issued for the private residence.
3. The applicant has failed to provide a written, notarized acknowledgement from
the owner of the private residence that the owner consents to cultivation on-site.
4. The applicant has failed to provide the name of each person owning, leasing,
occupying or having charge of the private residence where cannabis is cultivated.
E. Cannabis cultivation for purposes of commercial sale at any property zoned for
residential use is prohibited. Notwithstanding the preceding, a primary caregiver may
recover his or her costs of cultivation from his or her qualified patient. In such cases,
costs of cultivation shall not include compensation for the labor of the primary caregiver.
F. No person cultivating cannabis at a private residence shall dispose of cannabis, or any of
its component parts, at curbside. Cannabis shall not be disposed of by means of
mulching, or similar organic process, outdoors. Cannabis shall not be stored outdoors.
All cannabis and cannabis waste generated at the private residence, including chemical
and organic waste, shall be disposed of in accordance with applicable laws and
regulations.
G. The Director may, in his or her sole discretion, deny any application for a license issued
pursuant to this Section or a renewal thereof and may suspend, revoke or further
condition any license that has been issued, where he or she finds, based on articulated
facts, that the issuance of a license would be detrimental to the public health, safety, or
welfare or where there is demonstrated non-compliance with the minimum requirements
of this Section. The determination of the Director shall be final. Review of any such
determination shall be made pursuant to Section 6.12.620.
Section 6.12.040 Cannabis Business License Required.
A. It is unlawful and a public nuisance for any person or association of persons to establish,
operate or assume duties of a cannabis business without all valid and applicable local
licenses or permits.
B. It is unlawful and a public nuisance for any person or association of persons to establish,
operate or assume duties of a cannabis business without all valid and applicable licenses
or permits issued by the State of California.
C. It is unlawful and a public nuisance for any person or association of persons to operate a
cannabis business in violation of any license condition imposed by the Director or in
violation of any license condition imposed by the State of California.
Section 6.12.050 Notice of Licensure Status.
A. Within ten (10) calendar days of approval, every cannabis business shall submit to the
Director a copy of any license issued by the State of California or any local governmental
entity to the cannabis business or any of its owners.
B. If any license issued to the cannabis business or any of its owners by the State of
California or any local governmental entity is denied, suspended, modified, revoked or
expired, the cannabis business shall notify the Director within ten (10) calendar days.
Section 6.12.060 California Environmental Quality Act.
The issuance of a license pursuant to this Chapter shall require environmental review pursuant to
Public Resources Code section 21000 et seq.
Section 6.12.070 Cannabis Business Licenses—Fees and Term.
A. No cannabis business license or license renewal shall be issued unless a nonrefundable
application fee and a nonrefundable license fee in amounts to be set by resolution of the
City Council are paid.
B. A cannabis business license issued pursuant to this Chapter is valid for a term of one (1)
year from the date that the license is issued. Renewal terms shall not exceed one (1) year.
C. All fees authorized pursuant to this Chapter are in addition to the license fees required by
Chapter 6.02 of the Redding Municipal Code.
Section 6.12.080 Cannabis Business License Application Requirements.
A. Each cannabis business and cannabis business location shall be separately licensed.
Cannabis business licenses are nontransferable.
B. Only an owner of the applicant may submit an application for a cannabis business license
or license renewal. An owner may apply for a cannabis business license or a cannabis
business license renewal by filing an application with the Director.
C. No person shall knowingly make a false statement of fact or knowingly omit any
information that is required in an application for a commercial sale cannabis license.
D. The application shall be on a form approved by the Director and shall include the
following:
1. The license type the applicant is requesting.
2. Payment of a nonrefundable application fee to be established by resolution of the
City Council.
3. A description of the statutory entity or business form that will serve as the legal
structure for the applicant; a copy of its formation and organizing documents,
including, but not limited to, articles of incorporation, certificate of amendment,
statement of information, articles of association, bylaws, partnership agreement,
operating agreement, and fictitious business name statement; and the name and
address of its agent for purposes of service of process.
4. A list of every fictitious business name the applicant is operating under including
the address where the business is located.
5. The first and last name, primary phone number, date of birth and mailing address
of each owner. If the license is to be held in the name of a business entity, the
owner shall also provide the legal business name of the licensee.
6. The current name and primary and secondary telephone numbers and email
addresses of at least one twenty-four (24) hour on-call manager to address and
resolve complaints and to respond to operating problems or concerns associated
with the cannabis business.
7. If applicable, the business trade name ("DBA") of the applicant.
8. A list of the license types and the license number issued by the Bureau of
Cannabis Control and all other state cannabis licensing authorities that the
applicant holds, including the date the license was issued, the date the license will
terminate and the licensing authority that issued the license.
9. Whether the applicant, or any owners, has been denied a license or has had a
license suspended or revoked by the Bureau of Cannabis Control or any other
state cannabis licensing authority. The applicant shall provide the type of license
applied for, the name of the licensing authority that denied the application, and
the date of denial.
10. The physical address of the premises where business will be conducted, the
telephone number for the premises, and the website address and email address of
the applicant's business.
11. The business' federal employer identification number.
12. The physical address of any other premises owned or operated by the applicant
within the jurisdictional limits of the City of Redding and a brief summary of the
business operations at each premises.
13. The applicant shall supply the following financial information:
A. A list of funds belonging to the applicant held in savings, checking, or
other accounts maintained by a financial institution. The applicant shall
provide for each account, the financial institution's name, the financial
institution's mailing address, account type, account number and the
amount of money in the account.
B. A list of loans made to the applicant. For each loan, the applicant shall
provide the amount of the loan, the date of the loan, terms of the loan,
security provided for the loan, and the name, address, and phone number
of the lender.
C. A list of investments made into the applicant's commercial cannabis
business. For each investment, the applicant shall provide the amount of
the investment, the date of the investment, terms of the investment, and
the name, address, and phone number of the investor.
D. A list of all gifts of any kind given to the applicant for its use in
conducting commercial cannabis activity. For each gift, the applicant
shall provide the value of the gift or description of the gift, and the name,
address and phone number of the provider of the gift.
E. A complete list of every individual that has a financial interest in the
cannabis business, as defined in Section 5004 of Title 16 of the California
Code of Regulations, who is not an owner within the meaning of Section
5003 of Title 16 of the California Code of Regulations.
F. A complete list of every owner of the applicant, as defined in Section 5003
of Title 16 of the California Code of Regulations. Each individual named
on this list shall submit the following information:
1. The full name of the owner.
2. The owner's title within the applicant entity.
3. The owner's date of birth and place of birth.
4. The owner's social security number or individual taxpayer
identification number.
5. The owner's mailing address.
6. The owner's home, business, or mobile telephone number and
email address.
7. The owner's current employer.
8. The owner's percentage of ownership interest held in the applicant
entity.
9. Whether the owner has an ownership or a financial interest in any
other commercial cannabis business licensed by the State of
California.
10. A copy of the owner's government-issued identification that
includes the name, date of birth, physical description and picture
of the owner.
11. A copy of the DOJ and NCIC fingerprint background check
for each owner procured through the Redding Police Department.
12. If applicable, a copy of any certificate of rehabilitation issued
under Penal Code section 4852.01 or dismissal issued pursuant to
Penal Code section 1203.4 or 1203.41.
14. If applicable, a detailed description of any suspension or revocation of a cannabis-
related license or sanctions for unlicensed or unlawful cannabis activity by a state
or local governmental agency against the applicant or any of its owners or any
business entity in which the applicant or any of its owners was an owner or
officer within the seven (7) years immediately preceding the date of the
application.
15. If applicable, a detailed description of any civil and/or criminal suit and/or
judgment relating to unlawful cannabis activity against the applicant or any of its
owners or a business entity in which the applicant or any of its owners was an
owner or officer within the seven (7) years immediately preceding the date of the
application.
16. Attestation to the following statement: Under penalty of perjury, I hereby declare
that the information contained within and submitted with the application is
complete, true and accurate. I understand that a misrepresentation of fact,
whether intentional or not, is cause for rejection of this application, denial of the
license, or revocation of a license issued.
17. A written, notarized statement from the owner of the proposed site where
cannabis activity will be licensed evidencing unqualified consent to the applicant
to operate a cannabis business on site. The statement must specify the street
address and parcel number for the premises. The statement shall also contain
the name, business address, email address and telephone number of the property
owner(s) (whether business entity or individual).
18. If applicable, a copy of the rental agreement for the premises.
19. If the applicant is the landowner upon which the business premises is located, a
copy of the title or deed to the property.
20. Evidence that the proposed business premises will be compliant with the
locational restrictions set forth in Section 6.12.350 and the zoning set forth in
Title 18 of the Redding Municipal Code.
21. Evidence of a valid seller's license number issued by the California Department
of Tax and Fee Administration, if applicable. If the applicant has not yet received
a seller's license, the applicant shall attest that the applicant is currently applying
for a seller's license.
22. A premises diagram which meets the requirements set forth in Section 5006 of
Title 16 of the California Code of Regulations.
23. A detailed security plan outlining the measures that will be taken to ensure the
safety of persons and property on premises of the cannabis business. The security
plan must be prepared by a licensed security company or individual licensed by
the State of California. The license number shall be on the face of the security
plan. The security plan shall also require registration in the Redding Police
Department's Security Camera Registration and Monitoring Program
("SCRAM").
24. A detailed plan describing the air treatment system, or other methods which will
be implemented to completely prevent odors generated from cannabis from being
detected outside the buildings on the cannabis business site.
25. A business operations plan including the following:
A. A description of how the cannabis business will operate in accordance
with the Redding Municipal Code.
B. A neighborhood responsibility plan which address the potential adverse
impacts of cannabis cultivation on the surrounding area.
C. A description of the exterior of the cannabis business premises including,
but not limited to, a description of any exterior signage to be used at the
premises.
26. Authorization and consent for City of Redding staff to seek verification of the
information contained within the application.
27. An agreement in a form approved by the City Attorney whereby the applicant:
A. Releases the City of Redding, its agents, officers, elected officials and
employees from any and all claims, injuries, damages or liabilities of any
kind arising from any repeal or amendment of this Chapter or any other
provision of the Redding Municipal Code, and any arrest or prosecution of
the applicant or its managers, agents, employees, members or volunteers
for violation of state or federal laws; and
B. Defends, indemnifies and holds harmless the City of Redding, and its
agents, officers, elected officials and employees from and against any and
all claims or actions brought by adjacent or nearby property owners or any
other parties for any damages, injuries or other liability of any kind arising
from operations at the cannabis business.
28. Any other document or information which the Director deems necessary for
consideration of the application.
Section 6.12.090 Cannabis Business License Renewal.
A. To renew a cannabis business license, a completed license renewal form, payment of the
cannabis business license application fee, payment of the cannabis business license fee,
and, if applicable, the late fee required by subsection D of this section shall be received
by the City of Redding no earlier than sixty (60) calendar days before the expiration of
the license and no later than 5:00 p.m. on the last business day before the expiration of
the license. Failure to receive a notice for license renewal does not relieve a licensee of
the obligation to renew all licenses as required.
B. An application for a cannabis business license renewal shall contain the following:
1. The name of the licensee. For licensees who are individuals, the applicant shall
provide the first and last name of the individual. For licensees who are business
entities, the licensee shall provide the legal business name of the applicant.
2. The license number and expiration date.
3. The licensee's address of record and cannabis business premises address.
4. An attestation that all information provided to the City of Redding in the original
application for a license is accurate and current.
C. In the event the license is not renewed prior to the expiration date of the license, the
licensee must not sell, transfer, transport, manufacture, test or distribute any cannabis or
cannabis products until the license is renewed.
D. A licensee may submit a cannabis business license renewal application up to thirty (30)
calendar days after the license expires. In addition to the application fee for renewal of
the cannabis business license, the applicant submitting a renewal application pursuant to
this subdivision shall pay a late fee equal to fifty percent (50%) of the application license
fee. The payment of a late fee shall not be grounds for a defense against prosecution or
enforcement of the Redding Municipal Code on the basis that the licensee operated a
cannabis business without a valid or unexpired license nor shall it be considered as a set-
off to any assessment, fine, penalty or recoupment of costs of enforcement attributable to
said violation.
E. A license that has expired and has not been renewed within thirty (30) calendar days after
expiration shall be deemed to have been forfeited.
F. Any time limitation set forth in this Section shall not be deemed to be tolled for the
duration of time during which the City of Redding considers the license renewal
application.
G. Review of any decision by the Director to deny a request to renew a cannabis business
license shall be pursuant to Section 6.12.620.
Section 6.12.100 Approval of License with Conditions.
A. Upon approval of a license or renewal of a cannabis business license, the Director may
impose conditions in excess of the requirements set forth in this Chapter including, but
not limited to, conditions relating to the operation of any cannabis business and
restrictions relating to the deployment or use of the types of equipment used on site.
B. During the term of any cannabis business license, the Director may impose additional
conditions on a license when reasonably necessary to abate a violation of the Redding
Municipal Code or to protect the public health, safety or welfare.
C. Review of any decision by the Director to impose additional conditions on a license
pursuant to this section shall be pursuant to Section 6.12.620.
Section 6.12.110 Denial of Cannabis Business License.
A. The Director may deny a license or a renewal of a license for any cannabis business if he
or she determines that one or more of the following circumstances exist:
1. The applicant has not paid all fees required for consideration of the application
and inspection of the premises of the cannabis business;
2. The application received is incomplete, filed late, or is otherwise not responsive to
the requirements of this Chapter;
3. The application contains a false or misleading statement or omission of a
material fact;
4. The applicant or any of its owners has unpaid and overdue fees, taxes or
administrative penalties imposed for violations of the Redding Municipal Code;
5. The applicant, or any of its owners, has an unpaid civil judgment imposed for
violation(s)of the Redding Municipal Code;
6. The applicant or any of its owners is delinquent on any fee, charge for service or
tax levied by the State of California or the City of Redding;
7. The applicant, or any of its owners or persons with a financial interest in the
applicant, has, within the seven (7) years preceding the date the application is
filed with the Director, been sanctioned by a state licensing authority or a city,
county, or city and county for unlawful cannabis-related activity or has had a
license suspended or revoked pursuant to this Chapter in the seven (7) years
immediately preceding the date the application is filed with the City of Redding;
8. The applicant has been denied a license or other authorization to engage in
commercial cannabis activity by a state or local licensing authority.
9. The applicant, any owner of applicant or person having a financial interest in the
applicant is a person employed by the City of Redding when the duties of such
person have to do with the enforcement of the Redding Municipal Code, the laws
of the State of California or that of the United States of America.
10. The applicant, or any of its owners or persons having a financial interest in the
applicant, has been convicted of any crime set forth in Business and Professions
Code section 26057(b)(4), Fish and Game Code sections 12025 or 12025.1, Penal
Code section 186.22 or any other offense which is substantially related to the
qualifications, functions, or duties of the business for which application is made.
In determining whether such offense is "substantially related," the Director shall
consult with the City Attorney and thereafter apply the analysis set forth in
section 5017 of Title 16 of the California Code of Regulations.
11. The applicant's premises or the operation of the applicant's cannabis business, as
described in its application, would fail to comply with the standards set forth in
the Redding Municipal Code or state law.
12. The applicant's premises is substantially different from the diagram submitted by
the applicant, in that the size, layout, location of common entryways, doorways
or passage ways, means of public entry or exit, or limited access areas within the
licensed premises is not the same.
13. The applicant denied City of Redding personnel access to the premises for
purposes of inspection.
14. The applicant, at the time of application, is in violation of any provision of the
Redding Municipal Code.
15. Operation of the cannabis business is a threat to the public health, safety or
welfare.
B. Upon denial of an application for a license or renewal of a license, the Director shall
notify the applicant in writing with the reasons for denial and the right to contest the
determination of denial pursuant to the procedures set forth in Section 6.12.620.
Section 6.12.120 Death or Incapacity of a Licensee.
A. In the event of the death, incapacity, receivership, assignment for the benefit of creditors
of a licensee, or other event rendering a licensee incapable of performing the duties
associated with the license, the licensee's success in interest notify the Director in writing
within thirty (30) calendar days.
B. To continue operations or surrender the existing license, the successor in interest shall
submit to the Director the following:
1. The name of the successor in interest.
2. The name of the licensee for which the successor in interest is succeeding and the
license number.
3. The phone number, mailing address and email address of the successor in interest;
and
4. Documentation demonstrating that the licensee is incapable of performing the
duties associated with the license, such as a death certificate or a court order
finding the licensee lacks capacity, and documentation demonstrating that the
individual making the request is the licensee's successor in interest such as a court
order appointing guardianship or will or trust agreement.
C. The Director may give the successor in interest written approval to continue operations
for a period of time to be determined by the Director if:
1. The successor in interest has applied for a license from the City of Redding for
the premises and that application is under review; or
2. The successor in interest needs additional time to destroy or sell cannabis goods.
D. Approval to continue operations on a temporary basis or for a defined period of time
gives no vested right to continue operations thereafter.
E. The Director may deny approval to continue operations based upon the criteria set forth
in Section 6.12.110.
Section 6.12.130 Premises.
A. Each licensee shall have a designated premises for the licensee's commercial cannabis
activity which is subject to unannounced inspection by the City of Redding.
B. A cannabis business licensee may occupy the same licensed premises and operate under
two or more separate commercial cannabis licenses in that same licensed premises under
the following conditions:
1. The cannabis business licensee has been issued an adult-use license and medical
cannabis license issued by the State of California for the identical type of
commercial cannabis activity;
2. The cannabis business licensee who holds both licenses is identical in name,
business formation and ownership;
3. The cannabis business licensee only conducts one type of commercial cannabis
activity on the premises; and
4. Records for the adult use license and medical cannabis license issued by the State
of California are kept separately.
C. A cannabis business licensee shall not, without the prior written approval of the Director,
make a physical change, alteration, or modification of the licensed premises that alters
the licensed premises or the use of the licensed premises from the premises diagram filed
with the license application. Material or substantial changes, alterations or modifications
requiring approval include, but are not limited to, the removal, creation, or relocation of a
common entryway, doorway, passage, or a means of public entry or exit, when such
common entryway, doorway or passage alters or changes limited-access areas within the
licensed premises.
D. A cannabis business licensee whose premises is to be materially or substantially changed,
modified, or altered is responsible for filing a request for premises modification with the
Director. The request shall be in writing and include:
1. A new premises diagram that conforms to the requirements set forth in Section
5006 of Title 16 of the California Code of Regulations.
2. A fee to be established by resolution of the City Council.
3. Any additional documentation or information that the Director deems necessary to
consider the request.
E. A licensee shall not sublet or otherwise transfer control over any portion of the licensed
premises to another without the prior permission of the Director.
Section 6.12.140 Co-Location of Cannabis Businesses.
Each cannabis businesses shall be located in a stand-alone structure which does not share
common walls with another structure. Notwithstanding the preceding, a cannabis business may
be co-located and share common walls with one or more other cannabis businesses only if each
such cannabis business is separately licensed by the City of Redding and the State of California.
Section 6.12.150 Notification of Changes.
A. With the exception of changes to standard operating procedures, every licensee shall
notify the Director in writing within ten (10) calendar days of any change to any item
listed in the application. The notification shall be signed by an owner.
B. Licenses are not transferable. No change of owners shall occur if the Director determines
that the new owner(s) has a disqualifying conviction within the meaning of Section
6.12.110(A)(10) or is otherwise barred from ownership in the licensee due to operation of
this Chapter.
C. No person or entity may gain a financial interest in the licensee if said person or entity is
determined by the Director to have a disqualifying conviction within the meaning of
Section 6.12.110(A)(10) or is otherwise barred by reason of this Chapter.
D. If one of more of the owners of a licensee change, a new license application and fee shall
be submitted to the City of Redding within ten (10) business days of the effective date of
the ownership change. A change in ownership occurs when the person receiving its
interest in the cannabis business meets the definition of an owner, as defined in Section
6.12.010. A change in ownership does not occur when one or more owners leave the
business by transferring their ownership interest to the other existing owner(s).
Section 6.12.160 Notification of Criminal, Civil or Administrative Action.
A. A cannabis business licensee shall ensure that the Director is notified in writing of the
criminal conviction of a licensee, owner, or employee or when a licensee, owner, or
employee has been charged with a criminal offense. Notice shall either be by mail or
electronic mail and shall occur within forty-eight (48) hours of the conviction or charge.
The written notification shall include the date of conviction or charge, the court docket
number, the name of the court in which the licensee was convicted or charged, and the
specific offense(s) for which the licensee was convicted or charged.
B. A cannabis business licensee shall ensure that the Director is notified in writing of a civil
penalty or judgment rendered against the licensee or any owner either by mail or
electronic mail, within forty-eight (48) hours of delivery of the verdict or entry of
judgment, whichever is earlier. The written notification shall include the date of verdict
or entry of judgment, the court docket number, the name of the court in which the matter
was adjudicated, and a description of the civil penalty or judgment rendered against the
licensee.
C. A cannabis business licensee shall ensure that the Director is notified in writing of the
revocation or suspension of a license or other authorization for a cannabis business issued
by a local governmental agency or the State of California within forty-eight (48) hours of
receiving notice of the revocation. The written notification shall include the name of the
governmental agency involved, a written explanation of the proceeding or enforcement
action, and the specific violation(s) that led to revocation or suspension.
Section 6.12.170 Notification of Theft, Loss, or Criminal Activity.
A. A cannabis business licensee shall notify the Director and the Chief of the Redding Police
Department within twenty-four(24) hours of discovery of any of the following situations:
1. The licensee discovers a significant discrepancy, as defined in Section 6.12.010,
in its inventory.
2. The licensee becomes aware of, or has reason to suspect, diversion, theft, loss or
any other criminal activity pertaining to the operations of the licensee by any
owner, employee, agent or volunteer of the cannabis business or by any third
party.
3. The licensee becomes aware of, or has reason to suspect, any breach of security.
B. The notification required by this Section shall be in writing and include the date and time
of discovery of the occurrence of the theft or loss, the date of the occurrence of the theft
or loss and a description of the incident including, when applicable, the items that were
taken or lost.
Section 6.12.180 Cannabis Business Security.
A. All persons on the site of a cannabis business, except for employees and those doing
business with the cannabis business, must be escorted at all times by the licensee or
employee of the cannabis business when in the limited-access area of the premises.
B. All agents, officers, employees or other persons acting for, or employed by a licensee
shall display an identification badge issued by the Redding Police Department at all times
while on site at the cannabis business.
C. A cannabis business shall have an operational video surveillance system that meets the
standards of operation, storage, and surveillance set forth in Section 5044 of Title 16 of
the California Code of Regulations.
D. Surveillance recordings shall be kept for a minimum of ninety (90) days and shall be
subject to inspection and copy by the City of Redding. Recordings shall be kept in a
manner that permits the City of Redding to view and obtain copies of the recordings at
the licensed premises immediately upon request.
E. All cannabis retailers shall retain and deploy security personnel in accordance with
Section 5045 of Title 16 of the California Code of Regulations.
F. Licensees shall ensure that the limited access areas of the cannabis business, as defined in
Section 5401 of the California Code of Regulations, can be securely locked using
commercial-grade, nonresidential door locks. A licensee shall also use commercial-
grade, nonresidential door locks on all points of entry and exit to the licensed premises.
G. Licensees shall maintain an alarm system in accordance with Section 5047 of Title 16 of
the California Code of Regulations and make available to the City of Redding all
information related to the alarm system, monitoring and alarm activity.
H. In the event that a licensee is delivering tax proceeds to the City of Redding in excess of
ten thousand dollars ($10,000.00), the licensee shall either procure licensed, armed
transport to the City Treasurer or shall deliver said tax proceeds to armed transport
retained by the City of Redding. If the City of Redding procures armed transport of tax
proceeds, the licensee shall pay to the City of Redding within thirty (30) calendar days of
the date of the invoice all invoices for such service.
Section 6.12.190 Track and Trace.
All cannabis business licensees shall comply with the track and trace system established by the
State of California and as further described in Sections 5048 through 5052, inclusive, of Title 16
of the California Code of Regulations.
Section 6.12.200 Cannabis Waste Management.
A. Destruction of cannabis goods shall be in accordance with Sections 5054 and 5055 of
Title 16 of the California Code of Regulations.
B. A cannabis business licensee shall not sell cannabis waste, as such waste is defined in
Section 5000(d) of Title 16 of the California Code of Regulations.
C. Cannabis business licensees shall comply with all cannabis waste management practices
set forth in Section 5055 of Title 16 of the California Code of Regulations.
D. Cannabis waste shall not be deposited at curb-side but shall either be delivered by the
licensee to a City of Redding disposal site or the licensee shall arrange with the City of
Redding for pick-up of the cannabis waste, if available. Delivery of cannabis waste to a
City of Redding disposal site shall be accomplished by the licensee and shall not be
contracted to a third party.
Section 6.12.210 Odor Control.
All cannabis businesses shall install a ventilation and filtration system to prevent all odors
generated from the cannabis business from escaping from the buildings on site, such that the
odor cannot be detected outside of the building(s). The ventilation and filtration system must be
approved by the Building Official and installed prior to commencing operations.
Section 6.12.220 Display of License.
The cannabis business licensee shall display all applicable, valid and unexpired licenses issued
by the State of California and the City of Redding inside the lobby or waiting area of the main
entrance to the cannabis business site. Licenses shall be displayed at all times in a conspicuous
place so that it may be readily seen by all persons entering the site.
Section 6.12.230 Cannabis Businesses - Signs.
A. With the exception of cannabis retail licensees, all cannabis business licensees shall post
in the lobby of the cannabis business site signs that state the following:
1. "This site is not open to the public."
2. "Retail sales of any goods and services is prohibited."
3. "Except as specifically permitted by Redding Municipal Code 6.12.440, persons
under the age of twenty-one are prohibited from entering this site."
4. "Smoking, ingesting, or consuming cannabis on or within 20 feet of this site is
prohibited."
5. "Not for kids or teens! Starting cannabis use young or using frequently may lead
to problem use and, according to the Centers for Disease Control, may harm the
developing teen brain. GOVERNMENT HEALTH WARNING."
B. Cannabis retail licensees shall post the signs required in subdivisions A(3) through A(5),
inclusive, of this Section.
C. Each sign described in this Section shall be at least eight inches (8") by ten inches (10")
in size and must be displayed at all times in a conspicuous place so that it may be readily
seen by all persons entering the cultivation site.
Section 6.12.240 Advertising and Marketing.
A. No cannabis business shall place any advertising or marketing in broadcast, cable, radio,
print or digital communications unless such marketing or advertising meets the
requirements of Section 5040 of Title 16 of the California Code of Regulations.
B. Upon request of the Director, the licensee shall provide the audience composition data
required by Section 5040 of Title 16 of the California Code of Regulations within the
time frame specified by the Director.
C. No licensee shall place advertising or marketing from the licensee or on behalf of the
licensee involving direct, individualized communication or dialogue, unless the licensee
meets the requirements set forth in Section 5041 of Title 16 of the California Code of
Regulations.
D. If the Director determines that audience composition data for advertising provided by a
licensee or on behalf of a licensee does not meet the requirements of Section 5040 of
Title 16 of the California Code of Regulations, that any individualized communication or
dialogue does not meet the requirements of Section 5041 of Title 16 of the California
Code of Regulations, or the licensee fails to provide audience composition data to the
Director within the time specified, the licensee shall remove all such advertising or
marketing placement within twenty-four (24) hours of written notice by the Director.
Section 6.12.250 Cannabis Business Sites Restricted.
A. No cannabis business licensee shall open their business to the public.
B. No cannabis business licensee shall allow anyone on the cannabis business site, except
for managers, staff, and other persons with a bona fide business or regulatory purpose for
being there, such as contractors, inspectors and cannabis transporters.
C. A manager must be on the cannabis business site at all times that any other person is on
site, except after business hours when a security guard is on the site.
D. Any person other than managers or staff who are on the cannabis business site must sign
in, wear a visitor badge provided by the licensee, and be escorted on the site by a
manager or other staff at all times. Notwithstanding the preceding, state, county and city
officials performing their lawful duties on-site are exempt from the requirements set forth
in this subsection.
E. This Section shall not apply to cannabis retailers possessing valid and unexpired licenses
issued by the City of Redding.
Section 6.12.260 Storage of Cannabis.
A. A cannabis business licensee shall not store cannabis or cannabis goods outdoors.
B. Employee breakrooms, changing facilities and bathrooms shall be separated from any
cannabis or cannabis goods storage areas.
C. Cannabis goods shall only be stored at a licensed premises.
D. Storage of cannabis goods must be ancillary to the business of the licensee, and storage of
cannabis goods shall not be licensed by the Director as a stand alone cannabis business.
Section 6.12.270 Access to Cannabis Businesses.
A. No person under the age of twenty-one (21) years shall be on the site of a cannabis
business or participate in the operations of a cannabis business in any capacity including,
but not limited to, as manager, staff, employee, contractor, agent or volunteer.
B. Notwithstanding subdivision (A), a person who has attained eighteen (18) years of age
and has on his person an identification card issued pursuant to Health and Safety Code
section 11362.71 may enter a retail cannabis business as a customer.
C. Cannabis business licensees are strictly liable for any violation of this Section. Proof of
intent or scienter shall not be required in establishing a violation of this Section.
Section 6.12.280 Attire and Conduct at Cannabis Businesses.
A. A cannabis business licensee shall abide by the attire and conduct requirements set forth
in Sections 5806 and 5807 of Title 16 of the California Code of Regulations.
B. No person shall smoke, ingest or otherwise consume cannabis in any form at a cannabis
business or within twenty feet (20') of a cannabis business.
C. No person shall possess, consume, or store any alcoholic beverage at any cannabis
business.
D. Cannabis business licensees are strictly liable for any violation of this Section. Proof of
intent or scienter shall not be required in establishing a violation of this Section.
Section 6.12.290 Diversion.
No person shall give, sell, distribute, or otherwise transfer any cannabis in any manner that
violates the laws of the State of California or the City of Redding.
Section 6.12.300 Maintenance of Records.
A. A cannabis business shall maintain all the records required for retention by Section 5037
of Title 16 of the California Code of Regulations for a period of at least seven (7) years.
B. Records shall be kept in a manner that allows the records to be produced for the City of
Redding at the cannabis business premises in either hard copy or electronic form,
whichever the City of Redding requires.
C. A licensee may contract with a third party to provide custodial or management services of
the records of the cannabis business. Such a contract shall not relieve the licensee of the
licensee's responsibilities under this Section.
D. A cannabis business licensee shall report any loss, damage, or destruction of these
records to the Director within twenty-four (24) hours of the loss, damage or destruction.
Section 6.12.310 Site Management.
A. The cannabis business licensee shall prevent and immediately abate conditions at the
cannabis business that constitute a nuisance or other violation of the Redding Municipal
Code.
B. The cannabis business licensee shall maintain the exterior of the cannabis business site,
including any parking lots and landscaped areas under the control of the licensee, free of
litter, debris, trash and unused equipment.
C. The cannabis business licensee shall properly store and dispose of all waste generated at
the cannabis business site, including chemical and organic waste, in accordance with all
applicable laws and regulations.
D. The cannabis business licensee shall remove all graffiti from the cannabis business site
and parking lots under the control of the licensee within seventy-two (72) hours of its
application.
Section 6.12.320 Consent to Inspection and Right of Access.
A. Unless otherwise provided for in this Chapter, representatives from the City of Redding
including, but not limited to, members of the Redding Police Department, the Office of
the City Attorney, the Code Enforcement Division and their agents may test, enter and
inspect the property, vehicles, structures, documents, facilities and cannabis goods of
every cannabis business during the hours of 8:00 a.m. and 5:00 p.m. Monday through
Friday, or at any other reasonable time during business hours to ensure compliance and
enforcement of the Redding Municipal Code. Notwithstanding the preceding, the
inspection and copying of private medical records shall be made available only pursuant
to a search warrant, subpoena or court order.
B. Prior notice of an inspection, investigation, review, or audit is not required.
C. It is unlawful and cause for immediate suspension or revocation of the license for any
licensee, property owner, landlord, lessee, cannabis business, and/or its owner, agent or
employee to refuse to allow, impede, obstruct or interfere with an inspection.
D. When a requirement is established pursuant to this Chapter for the inspection and/or copy
of any record, the record shall be delivered immediately upon demand by City of
Redding personnel unless it would be unreasonable to access such records due to the time
constraint's of the licensee's business.
E. This Section shall not be construed to deprive a licensee of any privilege guaranteed by
the Fifth Amendment to the Constitution of the United States.
Section 6.12.330 Visibility of Cannabis.
No cannabis or cannabis products on the site of a cannabis business shall be visible with the
naked eye from outside the licensed premises.
Section 6.12.340 Unsold Cannabis.
Except as otherwise permitted by the Director for purposes of facilitating a donation program, all
cannabis and any product containing cannabis that is not sold into the market shall be made
unusable and unrecognizable prior to removal from the cannabis business in compliance with all
applicable federal, state and local laws.
Section 6.12.350 Cannabis Business Distance Requirements.
A. Except as otherwise provided in this Section, no cannabis business shall be located within
six hundred (600) feet of a school providing instruction in kindergarten or any grade one
(1) through twelve (12), inclusive, public park, public library or youth-oriented facility.
B. Notwithstanding Subsection A, no cannabis retailer shall be located within one thousand
(1000) feet of a school providing instruction in kindergarten or any grade one (1) through
twelve (12), inclusive, public park, public library or youth-oriented facility.
C. Distances shall be measured from the property line of a parcel where the cannabis
business is located to the nearest property line that is occupied by a school providing
instruction in kindergarten or any grade one (1) through twelve (12), inclusive, public
park, public library or youth-oriented facility.
Section 6.12.360 Cultivation for Commercial Sale—License Required.
It is unlawful and a public nuisance to cultivate cannabis for commercial sale unless that person
has been issued all applicable licenses for cultivation by the State of California and the City of
Redding.
Section 6.12.370 Cultivation Site Buildings and Authorized Cultivation Area.
It is unlawful to cultivate cannabis unless the site of cultivation meets the following
requirements:
A. All entrances into the buildings on the cultivation site shall be locked at all times with
entry controlled by the commercial sales cannabis cultivation licensee's managers and
staff.
B. The cultivation site shall have a building with a main entrance that is clearly visible from
the public street or sidewalk. The main entrance shall be maintained clear of barriers,
landscaping, and other obstructions. Inside of the main entrance, there shall be a lobby to
receive persons into the site and to verify whether they are allowed in the cultivation
areas.
C. All cultivation areas in any building on the cultivation site shall be separated from the
main entrance and lobby, and shall be secured by a lock accessible only to managers and
staff of the licensee.
D. Each building with a cultivation area shall have an area designed for the secure transfer
of cannabis from the cultivation area to a vehicle for transportation.
E. Each building with a cultivation area shall have adequate storage space for cannabis that
has completed the cultivation process or is otherwise not being cultivated. The storage
areas shall be separated from the main entrance and lobby, and shall be secured by a lock
accessible only to managers and staff of the licensee.
F. Each building with a cultivation area shall have all utilities installed, maintained and
operated in accordance with the Redding Municipal Code. Volatile solvents shall not be
used or located within any cultivation area. The Building Official may authorize the use
of CO2 generators upon a finding that there is not threat to the public health and safety.
G. Cultivation area shall not exceed that authorized by license issued by the State of
California. Notwithstanding, the Director may, in his or her sole discretion, reasonably
limit the cultivation area otherwise permitted by license issued by the State of California.
Section 6.12.380 Retail Sales Prohibited.
It is unlawful and a public nuisance for any person to sell cannabis goods unless that person has
been issued all applicable valid and unexpired licenses for cannabis retail sale by the State of
California and the City of Redding.
Section 6.12.390 Number of Cannabis Retailers Licensed.
A. No more than ten (10) retailers of adult use cannabis and/or medical cannabis businesses
shall be licensed or allowed to operate within the jurisdictional limits of the City of
Redding. For purposes of this subsection, a premises offering commercial sale of both
adult use and medical cannabis shall be considered as one cannabis business.
B. The City Manager is hereby given discretion to authorize fewer than ten (10) retail adult
use cannabis and/or medical cannabis businesses as he/she determines necessary to
protect the public health, safety and welfare.
C. There shall be no limit on the number of commercial cultivators, manufacturers,
processors, distributors, testing laboratories, storage facilities or deliverers of cannabis.
Section 6.12.400 Award of Cannabis Retailer License.
A. Selection of cannabis retailers for licensure shall be made by means of a competitive
selection process. The City Manager shall establish and apply neutral criteria by which
applications shall be assessed.
B. Selection of cannabis retailers for licensure shall be made by the City Manager. In the
alternative, the City Manager may consider applications for cannabis retailers by means
of a selection committee in which case, reference in this Section to the City Manager
shall mean the City Manager's selection committee.
C. Notice of the opportunity to apply for a cannabis retail business license shall be published
by means determined by the City Manager as reasonably calculated to provide public
notice of the opportunity to apply.
D. The City Manager may designate periods of time for consideration of applications for
retail cannabis business licenses as deemed necessary and prudent, and, in his/her sole
discretion, may decline to receive applications for a retail cannabis business license
outside of the designated time period.
E. After receipt of an application that is submitted in compliance with Section 6.12.080, the
application shall be placed into a pool of applicants for further review and selection shall
be made on merit. Applications that do not meet the requirements of Section 6.12.080 or
are submitted outside of the designated application period shall be denied, and the City
Manager shall notify the applicant in writing of the basis for the denial.
F. In addition to the information required of cannabis business applicants by Section
6.12.080, applicants for a retail license shall submit information sufficient to inform the
City Manager on the following criteria:
1. Ability to operate a business, including but not limited to education, knowledge,
and experience with:
A. Regulated industries;
B. Agriculture or horticulture;
C. Commercial manufacturing;
D. Pharmaceutical companies;
E. Owning, operating or working in a medical or retail cannabis business;
F. Creating and implementing a business plan, including a timeline for
opening a business;
G. Creating and implementing a financial plan;
H. Retail sales;
I. Secure inventory tracking and control;
J. Owning or managing a business that required twenty-four (24) hour
security monitoring;
K. Any other experience the applicant considers relevant.
2. Plan for operating a cannabis retail business including, but not limited to, a
timeline for opening a retail location;
3. Proof of financial stability and access to financial resources, including, but not
limited to:
A. Legal sources of finances immediately available to begin operating a retail
cannabis business;
B. A summary of financial statements in businesses previously or currently
owned or operated by the applicant;
C. A financial plan for operating a retail cannabis business in the City of
Redding;
D. Good credit history; and
E. History of bankruptcy by the applicant or entities owned or operated by
the applicant.
4. Ability to comply with the operational requirements set forth in this Chapter.
5. Any other information received by an applicant which is probative on the subject
of competence to lawfully operate a cannabis retail business.
G. The City Manager may undertake oral interviews with applicants should he/she
determine that interviews will assist in the selection process.
H. Cannabis retail business applicants may supplement the information required by Section
6.12.080 and this Section with any information the applicant believes probative to
demonstrate its competence to operate a cannabis retail business.
I. The City Manager may establish deadlines for the submission of information by a
cannabis retail business applicant. If such deadlines are established, no additional
materials or information may be submitted by an applicant once the time period for
applications has ended.
J. The City Manager shall award a cannabis retailer license to the highest ranking applicant
or applicants without preference as to whether the cannabis retailer is a storefront retailer
or delivery-only retailer, and shall notify each of the applicants of their respective score
and/or ranking. Notwithstanding the preceding, the City Manager may, in lieu of scoring,
opt to use a system of forced ranking to rank applicants.
K. The City Manager may, but is not required to, hold applications in reserve to offer
cannabis retail business licenses to the next highest ranked applicants if an applicant who
has been awarded a license fails to pay the license fee, commence business operations as
required in Section 6.12.410 or whose license has been revoked pursuant to Section
6.12.610. In the alternative, and if there remain opportunities for award of cannabis retail
business licenses, the City Manager may reject all applications placed on hold and
determine that the process set forth in this Section shall be re-instituted and another round
of applications considered.
L. The City Manager may establish minimum criteria for qualification for a retail license but
shall not be obligated to award a retail cannabis license based on an applicant's
satisfaction of said minimum criteria.
M. With the exception of the material in the application and materials submitted pursuant to
this Section that relate to the finances and criminal background of the applicant and its
owners, all information required by this Section shall be considered public record subject
to disclosure under the California Public Records Act.
N. Any applicant aggrieved by the decision of the City Manager may obtain review of the
within ninety (90) days of notice by filing with the Shasta County Superior Court a
petition for review pursuant to California Code of Civil Procedure section 1094.5. For
purposes of this Section, notice shall be the date that the decision of the City manager is
deposited in the United States mail.
Section 6.12.410 Failure to Commence Retail Operations and Abandonment.
A. If a cannabis retailer has not opened at the approved location and commenced operations
within ninety (90) calendar days of being issued a license pursuant to this Chapter, the
license shall be deemed expired and void. The City of Redding shall provide written
notice to the cannabis retailer that the license has expired and is void. Upon a factual
showing of good cause by the cannabis retailer for its failure to commence operations
within the required time, the Director may grant extensions of up to one hundred and
twenty (120) calendar days to commence operations based upon a finding of good cause
for the extension. That determination shall be final.
B. Notwithstanding Section 18.46.020 of the Redding Municipal Code, any cannabis retailer
licensee who surrenders, abandons or quits the licensed premises, or who closes the
licensed premises for a period exceeding thirty (30) consecutive calendar days, shall
within ten (10) business days after closing, surrendering, quitting or abandoning the
licensed premises, surrender its cannabis license to the City of Redding. The City of
Redding may seize the cannabis business license of a cannabis retailer who fails to
comply with the surrender provisions of this Section and may proceed to revoke the
license. Upon a showing of good cause by the cannabis retailer, the Director may grant a
one-time only extension of up to ninety (90) calendar days to the cannabis retailer to
reestablish operations at the premises of the cannabis business premises. The
determination of the Director shall be final.
C. "Good Cause" includes, but is not limited to, termination of the cannabis business's lease
by the property owner; a change in federal, state or local law that now prohibits use of the
previously approved location as a cannabis business; foreclosure or sale of the approved
location resulting in the cannabis business's inability to enter into a new lease; damage to
or deterioration to the building that prevents the safe use and/or occupation of the
structure until all required repairs are made. However, if the cannabis business is
responsible for the condition, including any non-licensed construction or alteration of the
structure or non-licensed electrical, mechanical or plumbing, "good cause" shall not be
found.
D. A determination by the Director that a licensee has failed to commence operations, or has
surrendered, abandoned or quit the premises is subject to review pursuant to Section
6.12.620.
Section 6.12.420 Cannabis Retailer—Delivery Only.
A. A cannabis retailer — delivery only licensee shall conduct retail sales exclusively by
delivery. The entire premises of such licensee shall be considered a retailer limited-
access area within the meaning of Section 6.12.430.
B. The licensed premises of a non-storefront retailer licensee shall be closed to the public.
Section 6.12.430 Retailer Limited-Access Areas.
A. A cannabis retailer shall comply with all of the requirements set forth in Section 5401 of
Title 16 of the California Code of Regulations. Any person who is not an employee of
the licensee, but is an authorized visitor within the meaning of Section 5401 of Title 16 of
the California Code of Regulations, shall prominently wear a badge issued by the licensee
identifying that person as an authorized visitor.
B. The retailer shall make available to the City of Redding upon request all logs of visitors
required by Section 5401 of Title 16 of the California Code of Regulations.
Section 6.12.440 Retail Area.
A. Individuals shall be granted access to the retail area only to purchase cannabis goods after
the retailer or an employee of the retailer has verified that the individual is at least
twenty-one (21) years of age and has a valid proof of identification, or that the individual
is at least eighteen (18) years of age, has valid proof of identification and a valid
identification card issued pursuant to Health and Safety Code section 11362.71.
B. Acceptable forms of identification shall include a document or identification card issued
by a governmental entity that contains the name, date of birth, physical description and
picture of the person.
C. The cannabis retailer or its employees shall be physically present in the retail area at all
times when individuals who are not employees of the retailer are in the retail area. For
purposes of this Section "retail area" shall mean the area of the premises where cannabis
goods are displayed for sale or any place where a thing of value is exchanged for a
cannabis good.
Section 6.12.450 Retail Hours of Operation and Daily Limits.
A. A cannabis retailer shall sell and/or deliver cannabis goods only between the hours of
8:00 a.m. and 8:00 p.m.
B. At any time the premises is not open for retail sales, the cannabis retailer shall ensure the
following:
1. The premises is securely locked with commercial-grade, non-residential door
locks.
2. The alarm system required by Section 6.12.180(G) shall be activated when the
retailer or its employees are not on the licensed premises.
3. Only employees and contractors of the retailer are allowed on the premises.
C. A cannabis retailer shall accept shipments of cannabis goods only between the hours of
6:00 a.m. to 10:00 p.m. During business hours shipments of cannabis goods shall not
enter the premises through an entrance or exit that is available for public use.
D. A cannabis retailer shall comply with the limitations with regard to the amounts of
cannabis that may be sold in one (1) day to a customer, as set forth in Section 5409 of
Title 16 of the California Code of Regulations.
Section 6.12.460 Retail Customers.
A cannabis retailer shall only sell adult-use cannabis goods to individuals who are at least
twenty-one (21) years of age and medicinal cannabis goods to individuals who are at least (18)
years of age and who present an identification card issued pursuant to Health and Safety Code
section 11362.71.
Section 6.12.470 Display of Cannabis Goods.
A. Cannabis goods for inspection and sale shall only be displayed in the retail area.
B. Cannabis goods may be removed from their packaging and placed in containers to allow
for customer inspection. The containers shall not be readily accessible to customers
without assistance of retailer personnel. A container must be provided to the customer by
the retailer or its employees, who shall remain with the customer at all times that the
container is being inspected by the customer.
C. Cannabis goods removed from the packaging for display shall not be sold, shall not be
consumed and shall be destroyed pursuant to Section 5054 of Title 16 of the California
Code of Regulations.
Section 6.12.480 Sale and Return of Cannabis Goods—Free Cannabis.
A. A cannabis retailer shall not make any cannabis goods available for sale or delivery to
customers unless the cannabis goods were received from a distributor licensed by the
State of California; the retailer has verified that the cannabis goods have not exceeded
their expiration or sell-by date if one is provided; and, in the case of manufactured
cannabis products, the product complies with all requirements of Business and
Professions Code section 26130 and other relevant laws.
B. A cannabis retailer may accept customer return of cannabis goods but only in accordance
with Section 5410 of Title 16 of the California Code of Regulations.
C. A cannabis retailer shall not provide free cannabis goods to any person except as licensed
for medicinal cannabis pursuant to Section 5411 of Title 16 of the California Code of
Regulations and as permitted in writing by the Director.
Section 6.12.490 Inventory Documentation.
A. A cannabis retailer shall document its inventory in accordance with Section 5423 of Title
16 of the California Code of Regulations and reconcile its inventory in accordance with
Section 5424 of Title 16 of the California Code of Regulations at least once every
fourteen (14) days.
B. Pursuant to Section 6.12.300, all inventory records and records of inventory
reconciliation shall be retained for a period of seven (7) years and shall be produced for
inspection and copy upon request of the City of Redding.
C. A retailer shall report in writing a significant discrepancy in inventory within twenty-four
(24) hours of discovery to the Director.
Section 6.12.500 Record of Sales.
A. A retailer shall maintain a record of sales for each transaction pursuant to Section 5425 of
Title 16 of the California Code of Regulations.
B. Pursuant to Section 6.12.300, all records of sale shall be kept for a period of seven (7)
years after the transaction and shall be made available for inspection and copy by the City
of Redding.
Section 6.12.510 Sale of Non-Cannabis Products on Premises.
With the exception of alcohol and tobacco, a cannabis retailer may sell non-cannabis products at
a licensed premises.
Section 6.12.520 Retail of Live Plants.
A cannabis retailer who possesses all valid and unexpired licenses from the City of Redding and
the State of California may sell live plants but only under the conditions set forth in Section 5408
of Title 16 of the California Code of Regulations.
Section 6.12.530 Packaging and Labeling.
A. A cannabis retailer shall not accept, possess, or sell cannabis goods that are not packaged
as they will be sold at final sale.
B. A cannabis retailer shall not package or label cannabis goods.
C. A cannabis retailer shall ensure that its customers do not leave the cannabis retailer's
premises unless the cannabis goods are placed in an opaque exit package.
D. It is unlawful for any person to remove cannabis goods from the opaque packaging while
on the retailer premises when such removal is visible from the exterior of the retailer
building.
Section 6.12.540 Delivery.
A. It is unlawful to deliver cannabis goods within the jurisdictional limits of the City of
Redding unless delivery is made by a cannabis retailer licensed by the City of Redding.
B. All deliveries shall comply with Sections 5415 through 5421, inclusive, of Title 16 of the
California Code of Regulations.
C. Any motor vehicle used by a retailer to deliver cannabis goods is subject to inspection by
City of Redding personnel. Vehicles used to deliver cannabis goods may be stopped and
inspected by City of Redding personnel at any licensed premises or during delivery.
D. Pursuant to Section 6.12.300, the retailer shall retain delivery receipts, as described in
Section 5420 of Title 16 of the California Code of Regulations for a period of seven
(7) years after delivery. All such receipts are subject to inspection and copy by the City
of Redding.
E. All deliveries shall be accomplished within the hours of operation set forth in Section
6.12.450.
Section 6.12.550 Distributors.
A. No person or entity shall perform the duties of a distributor without having a valid and
unexpired license for said activity from the State of California and without having a valid
and unexpired license for such activity from the City of Redding.
B. A distributor shall not store or distribute non-cannabis goods on or from the premises
licensed for distribution of cannabis goods.
C. A distributor may provide cannabis goods storage-only services to a licensed cultivator,
manufacturer or another distributor, unrelated to the quality assurance and laboratory
testing processes.
D. Cannabis goods batches for testing shall be stored and labeled in accordance with Section
5302 of Title 16 of the California Code of Regulations.
E. A distributor may package, re-package, label and re-label cannabis for retail sale.
F. A distributor shall not package, re-package, label or re-label manufactured cannabis
products except for when the distributor also holds a manufacturing license issued by the
State of California and a license issued by the City of Redding, and is re-packaging,
labeling or re-labeling its own manufactured cannabis products. Notwithstanding the
preceding, if it is determined during laboratory testing that a manufactured product is
labeled with the incorrect amount of THC per package but is within the THC limits for
sale, the distributor may re-label the package with the accurate THC amount.
G. After taking physical possession of a cannabis goods batch, the distributor shall contact a
testing laboratory and arrange for a laboratory employee to come to the distributor's
licensed premises to select a representative sample for laboratory testing. The distributor
shall thereafter comply with Section 5305 of Title 16 of the California Code of
Regulations.
H. A distributor shall not transport cannabis goods to a retailer unless the representative
batch from the manufacturer or cultivator meets the specifications set forth in Chapter 6
of Title 16 of the California Code of Regulations. The distributor shall conduct a quality-
assurance review pursuant to Section 5307 of the California Code of Regulations prior to
transport to a retailer.
A distributor shall satisfy the insurance requirements set forth in Section 5308 of the
California Code of Regulations.
J. A distributor shall reconcile all inventories of cannabis goods at least once every fourteen
(14) days and shall keep an inventory log which satisfies the requirements set forth in
Section 5309 of Title 16 of the California Code of Regulations.
K. In addition to the records required of a cannabis business, a distributor shall also maintain
the records required by Section 5310 of Title 16 of the California Code of Regulations.
All such records shall be kept on the site of the licensed premises and shall be subject to
examination and copy by the City of Redding.
L. Transportation of cannabis goods shall be pursuant to the requirements set forth in
Section 5311 of the California Code of Regulations. Vehicles and trailers transporting
cannabis goods are subject to inspection by the City of Redding at any licensed premises
or during transport at any time.
M. A distributor shall not transport cannabis goods except in the conduct of business activity
authorized herein by license. During transport, the distributor shall only travel between
licensees shipping or receiving cannabis goods and its own licensed premises. During the
transport of cannabis goods, the distributor shall not deviate from its route or stop except
as necessary to comply with the law, attend to a safety issue, or attend to the mechanical
and fuel needs of the transport vehicle or because road conditions make continued use of
the route unsafe, impossible, or impracticable. In all such cases, cannabis goods shall
not be left unattended by the driver.
N. No vehicle shall be used in the transport of cannabis goods unless all transport vehicle
information required by Section 5312 of Title 16 of the California Code of Regulations
has been supplied to the Director.
0. No person under the age of twenty-one (21) years of age shall be in a vehicle or trailer
transporting cannabis goods and only a licensee or an employee of the distributor shall be
in a vehicle while transporting cannabis goods.
P. The distributor shall maintain shipping manifests pursuant to Section 5314 of Title 16 of
the California Code of Regulations. During transport, the shipping manifest shall be with
the delivery vehicle. After conclusion of transportation, all shipping manifests shall be
stored at the distribution premises for no less than one (1) year after conclusion of
transport. The distributor shall permit inspection and copying of all records upon request
of the City of Redding.
Q. An applicant may be licensed for a "distributor—transport" only license upon payment of
a fee to be established for all other distributors by resolution of the City Council. In such
cases, a distributor who only transports cannabis shall be solely authorized to engage in
the transport of cannabis between licensees of the State of California. A distributor —
transport only licensee shall not be authorized to transport cannabis goods to the premises
of a retailer, except for when the licensee is transporting only immature plans and seeds
from a cultivator to a licensed retailer, both of whom must be licensed by the State of
California. In all other respects, a distributor— transport only licensee shall comply with
Section 5315 of Title 16 of the California Code of Regulations.
Section 6.12.560 Microbusinesses Prohibited.
It is unlawful to operate a microbusiness, as defined in Business and Professions Code section
26070(a)(3)(A), within the City of Redding.
Section 6.12.570 Cannabis Events Prohibited.
It is unlawful to operate a cannabis event, as described in Sections 5600 through 5603, inclusive,
of Title 16 of the California Code of Regulations, within the City of Redding.
Section 6.12.580 Manufacture of Cannabis Products.
A. No person shall manufacture cannabis products unless that person has all applicable valid
and unexpired licenses for manufacture issued by the State of California and the City of
Redding.
B. In addition to the information required by Section 6.12.080 with regard to an application
for a cannabis business license, any person desiring to apply for a license to manufacture
cannabis products shall also provide the following in support of the application:
1. A description of the applicant's inventory process;
2. A description of its quality control procedures; and
3. A description of its extraction and/or infusion methods.
C. Manufacture of cannabis products shall not be accomplished by use of volatile substances
unless accomplished in accordance with a manufacturer's license issued by the State of
California. Notwithstanding the preceding, manufacture of cannabis products shall not
be accomplished by the use of butane.
D. Manufacture of cannabis and cannabis products shall occur only in a detached, fully
enclosed building.
E. No person shall conduct retail sales of goods on or from a licensed cannabis
manufacturing site.
Section 6.12.590 Testing Laboratories and Limited Testing Facilities.
A. No person shall establish or operate a cannabis testing laboratory except as provided in
this Section.
B. Testing laboratories shall comply with Sections 5700 through 5739, inclusive, of Title 16
of the California Code of Regulations.
C. Pursuant to Section 6.12.300, all testing laboratory-specific records required by operation
of Sections 5700 through 5739, inclusive, of Title 16 of the California Code of Records
shall be retained for a period of seven (7) years and shall be made immediately
available for inspection and copy by the City of Redding upon demand.
D. A testing laboratory licensed by the State of California may operate a satellite location
within the City of Redding which has for its sole purpose the testing of cannabis for
potency.
Section 6.12.600 Licensee's Responsibility for Acts of Employees and Agents.
In construing and enforcing the provisions of this Chapter and Title 18 of the Redding Municipal
Code, the act, omission or failure of an agent, officer, representative or other person acting for or
employed by a licensee, within the scope of his or her employment or office, shall in every case
be deemed the act, omission or failure of the licensee.
Section 6.12.610 Suspending, Modifying, or Revoking Licenses.
A. The Director may suspend, modify, further condition or revoke any license issued to a
cannabis business issued pursuant to the provisions of this Chapter for any of the
following reasons:
1. One or more of the circumstances upon which a license could be denied, as
described in Section 6.12.110, exists or has occurred.
2. The licensee, or any of its owners, has violated a term or condition of its license
issued pursuant to this Chapter or a term or condition of a license issued by the
State of California.
3. The licensee, or any of its owners, has violated the Redding Municipal Code or
the laws of the State of California.
4. The licensee or any other person performed work as an employee or volunteer or
acquired a financial interest in the applicant as an owner without first undergoing
fingerprinting and a DOJ/NCIC background check.
5. The licensee failed to pay a fee, tax, fine, administrative penalty or any amount
resulting from a civil judgment when due.
6. The licensee failed to take reasonable steps, as defined in Section 5808 of Title 16
of the California Code of Regulations, to correct objectionable conditions that
constitute a nuisance on the licensed premises, including the immediately adjacent
area that is owned, leased, or occupied by the licensee, within a reasonable time
after receipt of notice to abate the condition.
7. The licensee failed to take reasonable steps, as defined in Section 5808 of Title 16
of the California Code of Regulations, to correct objectionable conditions that
constitute a nuisance within a reasonable time which occur during operating hours
on any public sidewalk within twenty (20) feet of the licensed premises.
8. The licensee knowingly engaged in the illegal sale, or negotiations for the sale, of
controlled substances, as defined in Section 5805 of Title 16 of the California
Code of Regulations, upon his or her licensed premises. Successive sale, or
negotiations for sale, over any continuous period of time shall be deemed
evidence of permission.
9. When required to provide notice to the City of Redding of any term or condition
set forth in this Chapter, the licensee or any of its owners made a false or
misleading representation or omitted notice when it was required.
B. A cannabis business licensee whose license has been suspended shall conspicuously
display a notice on the exterior of the licensee's premises for the duration of the
suspension, and ensure that the notice remains continuously in place for the time
specified. The notice shall be in at least twenty-four (24) point type and provide as
follows:
NOTICE OF SUSPENSION
THE CANNABIS BUSINESS LICENSE
ISSUED FOR THIS PREMISES HAS BEEN SUSPENDED
FOR VIOLATION OF THE REDDING MUNICIPAL CODE
C. A licensee whose license has been revoked shall conspicuously display a notice on the
exterior of the licensee's premises indicating that the license has been revoked. The
notice shall remain continuously on the licensed premises for at least fifteen (15) calendar
days. The notice shall be in at least twenty-four (24)point type and provide as follows:
NOTICE OF REVOCATION
THE CANNABIS BUSINESS LICENSE
ISSUED FOR THIS PREMISES HAS BEEN REVOKED
FOR VIOLATION OF THE REDDING MUNICIPAL CODE
D. Action taken by the Director with respect to the suspension, modification, or revocation
of a cannabis business license shall be final and conclusive. Any licensee aggrieved by
the suspension, modification or revocation of a cannabis business license may obtain
review of such decision by appeal to the City Manager pursuant to 6.12.620.
Section 6.12.620 Initiation of Discipline and Appeals.
A. The Director may initiate suspension or revocation proceedings or impose additional
conditions on a license by sending written notice to the licensee of the disciplinary action
and grounds for the action by certified mail return receipt requested, to the licensee's
business address, as set forth in the license. The notice shall inform the licensee of its
right to appeal the determination of the Director by sending written notice of appeal and
the grounds for such appeal to the Director no later than fourteen (14) days after the date
in which the notice of suspension, revocation or intention to impose additional conditions
was mailed. Failure to timely appeal shall result in a forfeiture of the right of appeal, and
the determination of the Director shall be final.
B. Upon receipt of a timely notice of appeal, the Director shall transmit said notice of appeal
to the City Clerk for setting of a hearing. Unless continued for good cause demonstrated,
appeals shall be heard by the City Manager within thirty (30) calendar days of the date
notice of appeal was received by the Director.
C. After considering all of the testimony and evidence submitted at said hearing, the City
Manager shall decide the appeal based upon a preponderance of the evidence and issue
written findings of fact no later than ten (10) days after the hearing. Hearings before the
City Manager shall not be bound by formal rules of evidence. Hearsay evidence may be
received; however, in no event shall a decision be based solely on hearsay evidence. The
City Manager may deny, uphold, or modify the discipline imposed by the Director. The
findings and decision of the City Manager shall be final and conclusive and not
appealable to the City Council.
D. Any licensee aggrieved by the order of the City Manager may obtain review of the order
within ninety (90) days of notice by filing with the Shasta County Superior Court a
petition for review pursuant to California Code of Civil Procedure section 1094.5. For
purposes of this Section, notice shall be the date that the decision of the City Manager is
deposited in the United States mail.
Section 6.12.630 Non-Disciplinary Modification of Cannabis Business License.
A. The Director may eliminate, modify or add to any condition imposed on a cannabis
business license when he or she deems such action reasonably necessary to protect the
health, safety or welfare of the public or to otherwise secure compliance with the
requirements set forth in the Redding Municipal Code. The action taken on the license
and the grounds for such action shall be made in writing and sent by certified mail return
receipt requested to the licensee's business address, as set forth in the license.
B. The action by the Director taken pursuant to this Section may be made in conjunction
with disciplinary action, in lieu of disciplinary action, or independent of disciplinary
action.
C. Any person aggrieved by the action of the Director may appeal the decision of the
Director pursuant to the procedures set forth in Section 6.12.620 relating to suspension
and revocation of a license.
Section 6.12.640 Remedies and Public Nuisance.
A. The procedures set forth in this Chapter shall be cumulative and in addition to any other
procedure or legal remedy provided for in the Redding Municipal Code or the laws of the
State of California. Nothing in this Chapter shall be deemed to prevent the City of
Redding from commencing alternative administrative, civil or criminal proceedings.
B. The City Attorney is authorized to institute administrative action pursuant to Chapters
1.13 through 1.15 of the Redding Municipal Code and to institute civil or criminal action
in the Shasta County Superior Court in order to enforce the provisions of this Chapter and
those provisions set forth in Title 18 of the Redding Municipal Code relating to land use
for cannabis businesses.
C. This Chapter is cumulative to all other remedies now or hereafter available to abate or
otherwise regulate, enforce or prevent public nuisances or to enforce the provisions of the
Redding Municipal Code. Any violation of this Chapter may be subject to injunctive
relief, revocation of any license issued by the City of Redding, disgorgement and
payment to the City of Redding of any and all money unlawfully obtained, costs of
abatement, investigation and attorney fees or any other relief or remedy available at law
or equity.
D. A violation of any Section within this Chapter is a public nuisance.
Section 6.12.650 Joint and Several Liability.
All cannabis business licensees, owners, and/or responsible parties, as defined in Section
1.14.020, shall be jointly and severally liable for violation of any provision set forth in this
Chapter.
Section 5. Title 18 (Zoning), Chapter 18.15 (Zoning Exceptions), Section 18.15.030 is
amended to read as follows:
18.15.030 - Standards for which exceptions may be considered.
An exception may be considered for the following standards. Additional exceptions may be
allowed if, in the opinion of the Director, they are of a similar nature or magnitude to those listed
below:
A. Accessory Structure Front Yard Setbacks. Provided that the minimum front yard setback
will be maintained and where adjacent residences will not be adversely affected, the
director may allow an accessory structure to be located closer to the street than the
existing or proposed residence on the site.
B. Buffer Yards, Alternative. The minimum width of a buffer yard required by Schedule
18.40.020-A: Buffer Yards, may be reduced by up to twenty-five percent (25%) provided
that the reduction will not increase the potential for land use impacts between adjoining
properties given the circumstances of a particular site.
C. Building Separation. The Director may authorize a reduction in minimum building
separation of up to twenty percent (20%) between buildings if the reduction will maintain
compliance with the California Building Code.
D. Exceptions to Height Limits. Towers, spires, cupolas, chimneys, elevator penthouses,
water tanks, monuments, theater scenery lofts and similar structures and mechanical
appurtenances covering no more than twenty percent (20%) of the top-floor roof area of
the structure to which they are attached may exceed height limits by no more than ten feet
(10') with no discretionary review. The director may approve greater height upon making
the findings required by Section 18.15.040 (Required findings) of this Chapter.
E. Fence Height. In any district, the maximum height of any fence, wall, hedge or
equivalent screening may be increased by a maximum of two feet (2') where the
topography of sloping sites or a difference in grade between adjoining sites warrants such
increase in height to maintain a level of privacy or to maintain effectiveness of screening
as generally provided by such fence, wall, hedge or screening in similar circumstances.
F. Front Yard Setback (Increase). In the "RS" and "RE" districts, the Director may increase
the maximum front yard setback where it is determined that the increase will not
unreasonably affect abutting sites.
G. Front Yard Setback (Decrease). In any district, the Director may decrease the minimum
setback by ten percent (10%) where the decrease will not unreasonably affect abutting
sites provided that no exception shall be granted for a garage that is designed to have
vehicles back directly out into the street. In addition, the Director is authorized to grant a
five percent (5%) reduction in any setback requirements where construction has
commenced and a mistake was made in the surveying or plans preparation.
H. Garage Setback/Sloped Lots. Where the elevation of a lot at a point twenty feet (20')
behind the entire frontage of a lot (as measured from the back of curb) is seven feet (7')
above or below the level of the curb, a private garage (attached or detached) for a single-
family residence may have a minimum front yard setback of ten feet (10') from the front
property line of the lot provided that a third open parking space is provided on the site.
Lot Size. In any "RE" or "RS" zone, the Director may authorize a maximum ten percent
(10%) reduction in parcel area on parcels created by parcel map if two or more existing
parcels within two hundred feet (200') of the proposed parcel map are less than the
minimum parcel size.
J. Multistory Limitations; Transitional Building Height; Skyplane. The Director may
reduce the higher or second-story setbacks required by Section 18.31.030 and/or reduce
the building height limitations established by Sections 18.32.040 and 18.33.040 and/or
skyplane requirements by up to twenty percent (20%) upon determining that any of the
following are in evidence:
1. Existing rear or side yard setbacks in the abutting "RE" or "RS" district are
sufficient to ensure that the intent of the multistory, transitional height, or
skyplane limitations are met.
2. The difference in existing or proposed finished grade between building sites is
such that privacy, height, or bulk impacts to any residential district would not be
present if requirements are reduced.
3. The size or configuration of the developing property is such that it is infeasible to
meet the limitations of these sections.
K. Reserved.
L. Parking—Space and Aisle-Dimension Reductions. Because of circumstances unique to a
property, such as size, shape, topography, location of easements or desirable trees, the
Director may authorize up to a ten percent reduction in open parking-space or aisle-width
dimension for commercial and multiple-family residential uses with four or more units.
Such exception may be allowed only when it is proven that the reduction will not result in
a traffic hazard or impact the necessary parking for the use.
M. Parking—Reduction in Covered Spaces. For single-family residences in existing
neighborhoods, one covered parking space may be permitted by zoning exception when
at least one additional off-street parking space is provided on the building site, the subject
property is an existing, legally created lot the director determines that the predominate
off-street parking arrangement in the immediate vicinity is a single covered space, and
that granting the exception would not contribute to an existing on-street parking problem.
N. Recreational Vehicle Storage/Parking.
1. Recreational Vehicle Storage. In the "RE" and "RS" districts, the Director may
approve a zoning exception to allow not more than one recreational vehicle, as
defined in Schedule 18.31.030-C, Note (8), to be parked within the front or street
side yard setback area subject to the following findings and requirements:
a. The Director finds that the applicant has submitted an affidavit and related
materials that affirm the following:
i. There is no physical space available to access and/or store the
vehicle within an interior side or rear yard. These site conditions
include, but are not limited to, such things as:
(A) Existing building setbacks and eaves and other building
projections (does not include the location of buildings with
a size of one hundred twenty square feet or less);
(B) Location of mature tree(s);
(C) Location of HVAC or similar equipment;
(D) Existence of substantial slopes.
ii. Notices of the zoning exception application shall be sent to all
owner(s) of real property sharing a common street frontage within
three hundred feet (300') of the applicant's property. Should two
(2) or more owners of real property within the notification area
object in writing to the approval of the zoning exception or appeal
the approval by the Director, the zoning exception shall not be
granted.
iii. The parking of such vehicles is not prohibited by any conditions,
covenants, and restrictions (CC&Rs) applied to the property. The
applicant shall provide either: (1) a copy of the CC&Rs applicable
to the property; or (2) if no CC&Rs have been recorded, a title
report for the subject property sufficiently current to determine
whether the property is subject to CC&Rs.
iv. The vehicle is operable and is owned by and registered to the
occupant of the premises upon which it is parked.
b. Vehicle Parking Conditions.
i. Vehicles shall be parked generally perpendicular to the front
property line.
ii. Storage shall be allowed only on areas surfaced with all-weather
materials, such as concrete, asphalt, brick, stone, gravel, or similar
material, and shall not obstruct the ingress or egress to and from
existing garage doors. Storage shall not occur within a lawn or
other landscaped area.
iii. The vehicle shall not be parked closer than two feet (2') to a side
property line.
iv. No part of the vehicle may extend more than three feet (3') into the
public or private right-of-way or be closer than two feet (2') to a
public sidewalk.
v. Vehicles shall not be occupied for living purposes.
vi. The vehicles shall be maintained in a clean and inoffensive
manner. Offensive includes, but is not limited to, unrepaired
collision damage; broken glass; flat tires; discharge of effluent;
discarding of litter or other materials; or a general unsightly
exterior appearance as exhibited by peeling paint, rust, or
attachment of siding materials not original to the recreational
vehicle. Covering of the vehicle by tarp or similar material is not
allowed. The use of custom covers made specifically for the type
and size of vehicle are permitted.
vii. The zoning exception shall not be transferable to a subsequent
owner of the property.
viii. Registration shall remain current throughout the term of the zoning
exception. (Note: Vehicles registered with the department of motor
vehicles as "Non-Op" are not considered to be registered vehicles
for the purpose of this section.)
ix. Zoning exceptions shall be valid for a period not to exceed three
(3) years. Upon application, the Director may grant one or more
renewals not to exceed a time period of three (3) years for each
renewal. Noticing, property owner objection/appeal, and other
provisions and requirements pertaining to the original approval
shall apply to renewal requests.
2. Parking for Affordable or Disabled Housing Projects. The requirement to provide
parking for recreational vehicles for multiple-family units may be waived;
provided that the project qualifies as an affordable housing project as defined by
the State Government Code and provided that the necessary area for providing the
required spaces is set aside and maintained in landscape to allow conversion to
parking should the use convert from affordable or disabled housing to standard
multiple-family use.
O. Reversing the Frontage of a Corner Lot. The front yard and street side yard setbacks on a
corner lot that were established at the time of issuance of a building permit for the
original structure may be reversed for the purpose of establishing yard requirements
provided that: (1) the reversal will not result in the placement of structures that are
inconsistent with the general nature of the neighborhood and (2) vehicular and pedestrian
safety will not be jeopardized.
P. Roof-Mounted Heating and Air Conditioning Equipment. The Director may approve
installation of roof-mounted residential heating and air-conditioning equipment provided
that the equipment cannot be seen from any existing or future public street, park, school,
open-space or other public area for a distance of at least six hundred feet (600'). In
making such a determination, the Director shall consider such factors as the method of
screening proposed, topography of the site and surrounding sites, and allowable height of
existing and future buildings within six hundred feet (600') of the proposed equipment.
Q. Accessory Dwelling Units. Size Increase - The Director may authorize up to a twenty
percent (20%) increase in the allowable size of an accessory dwelling unit provided that
the Director determines that the exception is necessary to provide for the reasonable
accommodation for one or more disabled persons who will reside in the accessory
dwelling unit. Lot Size Reduction - The Director may authorize an accessory dwelling
unit to be constructed on a lot less than six thousand (6,000) square feet in size, provided
that the Director determines that the floor area will not exceed five hundred (500) square
feet and that the occupancy of the accessory dwelling unit is intended solely to house one
or more family members as defined by this code. The accessory dwelling unit shall not
be rented, and this stipulation shall be included in the deed restriction required by
subsection 18.43.140.D.
R. Shade Trees in Parking Lot. The Director may authorize a maximum twenty-five percent
(25%) reduction in the number of shade trees required in a parking lot provided that the
total number of trees required is provided in alternate locations on the site adjacent to the
parking area.
S. Side Yard and Rear Yard Setbacks. In any district, the Director may decrease the
minimum setback by not more than twenty percent (20%) where the proposed setback
area or yard is in character with the surrounding neighborhood and is not required as an
essential open-space or recreational amenity to the use of the site, where such decrease
will not unreasonably affect abutting sites. In the "GO" district, one side yard other than
a street side yard may be decreased to that established for an adjacent existing building
provided that one side yard has a minimum setback of ten feet (10'), (fifteen feet (15') if
adjacent to an "R" district).
T. Sign Height, Increased. The Director may authorize an increase in pole sign height not to
exceed thirty-five feet (35') when necessary for sign visibility due to topography;
surrounding buildings; existing trees to be preserved, except city street trees; or similar
circumstances. The Director shall consider, in addition to visibility or sight obstructions,
vehicle speed, visibility/readability from freeway off-ramp locations, or other factors
which may negate the benefit otherwise gained by increased sign height.
U. Surfacing. The requirement for paving driveways over one hundred fifty feet (150') in
length may be waived provided that: (1) the first thirty feet (30') from the paved street or
back of the sidewalk shall be paved, (2) the driveway-surfacing requirements of the fire
marshal shall be met, and (3) the driveway is not located within seventy-five feet (75') of
an existing or future residence.
V. Unique Parking Demand Uses. The Director may authorize up to a ten percent (10%)
reduction in the off-street parking requirement upon an adequate showing that parking
demand for a use is less than that required by Chapter 18.41 (Off-Street Parking and
Loading) of this title.
Section 6. Title 18 (Zoning), Chapter 18.17 (Temporary Use Permits), Section 18.17.030
is amended to read in its entirety as follows:
18.17.030 - Temporary uses requiring permits.
The following temporary uses may be allowed on commercially zoned properties, or as
otherwise noted below, subject to the issuance of a temporary use permit. Uses that do not fall
within the categories defined below shall comply with the use and development regulations and
entitlement review provisions that otherwise apply to the property. A temporary use permit will
not be issued for a use that is not permitted within the zoning district for the site on which the use
is proposed.
A. Events. Carnivals, circuses, outdoor concerts, fairs, farmers' markets, festivals, flea
markets, food concessions, outdoor entertainment/sporting events, off-site vehicle sales,
parking lot/outdoor sales not associated with a lawful permanent business on-site,
rummage sales, secondhand sales, swap meets and other similar events or activities.
B. Temporary Real Estate Sales Offices. An office, including a manufactured or mobile
unit, for the marketing, sales, or rental of residential, commercial or industrial
development.
C. Community Gardens. Non-commercial community gardens within any zoning district.
The cultivation and storage of cannabis within a community garden is prohibited.
D. Time Limitations. Unless otherwise regulated by subsection E of this section, time limits
on the event duration shall be established by the temporary use permit.
E. Standards and Time Limits for Specific Events.
1. Carnivals, circuses, fairs, festivals and outdoor entertainment/sporting events shall
be limited to ten (10) calendar days per event and no more than four events of any
one type per property per year.
2. Outdoor concerts, flea markets, rummage sales, secondhand sales and swap meets
shall be limited to four(4)calendar days per event.
3. Off-site vehicle sales (including boats and RV's) may be permitted for no more
than five (5) days per event and no more than two annual events on the same
property per dealer.
4. Farmer's markets shall be limited to three days per site per week.
5. Parking lot/outdoor sales not associated with a lawful permanent business on-site
may be permitted for no more than five (5) days per event. No more than ten
percent (10%) of the parking spaces on-site shall be used for the event.
6. Food concessions, including hot dog stands, may be permitted when located
adjacent to an existing retail building.
Section 7. Title 18 (Zoning), Chapter 18.30 (Rural Lands District), Schedule
18.30.020-A is amended to read in its entirety as follows:
Schedule 18.30.020-A: Use Regulations—"Rural Lands" District
Use Classifications "RL" Additional Regulations
Residential Uses
Single Family P
Family Day Care,6 or fewer P
Residential Care,Limited I P
Supportive Housing Facilities P
Transitional Housing Facilities P
Residential Cannabis Cultivation L19 P See Chapter 6.12 J
Public and Semipublic Uses
Cemetery U
Park&Recreation Facilities S
Public Safety Facilities S
Religious Facilities S Use permit required if over 10,000 sq.ft.
Residential Care, Senior S Must demonstrate provision of high level of care and
services
Residential Care, General S
Must demonstrate provision of high level of care and
services
Schools,Public or Private U
Commercial Uses
Bed and Breakfast I Sd See Section 18.43.060
Establishments
Commercial Recreation [ U
Utilities,Major i U
Utilities,Minor I P
Retail Cannabis Sales -- Not permitted
Commercial Cannabis Cultivation -- Not permitted
Industrial Uses
Cannabis Distribution, T
Manufacturing,Processing, -- Not permitted
Testing,and Storage
Agriculture and Extractive Uses
Crop and Animal Raising Sd
Mining and Quarrying U See Chapter 18.44
fNurseries Sd
Accessory Uses and Structures See Section 18.43.020
Temporary Uses See Chapter 18.17
Nonconforming Uses I See Chapter 18.46
L19 Indoor cannabis cultivation permitted in accordance with the provisions of Chapter 6.12,
Cannabis Activity.
Section 8. Title 18 (Zoning), Chapter 18.31 (Residential Districts: "RE" Residential
Estate, "RS" Residential Single-Family, and "RM" Residential Multiple Family), Schedule
18.31.020-A is amended to read in its entirety as follows:
Schedule 18.31.020-A: Use Regulations—Other "Residential" Districts
Use Classifications "RE" "RS" "RM" Additional Regulations
� _ I
Residential Uses
Single Family P P P (4)
Two-Family Dwelling — L1 P (3),(6)
Residential Condominium
and Condominium — — P (9)
Conversions
Manufactured Home Park — — U RM-6 through RM-10 Districts only
Site development permit required for 5 or
Multiple Family more dwelling units on a parcel.See Schedule
(Apartments) P 18.31.030-B for maximum allowable
densities.(3),(6)
Dwelling Group — — S
Group Residential — — S
Family Day Care,6 or fewer P P P
Family Day Care,7-14 P P P
Accessory Dwelling Units ( P P P See Section 18.43.140
Residential Care, Limited P P P
Supportive Housing Facilities P P P (8)
Transitional Housing P P P (8)
Facilities
Residential Cannabis L19 P L19 P L19 P See Chapter 6.12
Cultivation
1
Public and Semipublic Uses
Clubs&Lodges — — S
I
Community Centers — S S
Day Care Center(15 or
U U S See Section 18.43.070
more)
Park&Recreation Facilities S S S
Parking Lots S S S
For adjacent office or commercial use only;
covered parking must be at a residential scale.
Public Safety Facilities U U S
Religious Facilities I S S S
Residential Care,General S S S (1), (2)
Residential Care,Senior S S S 1(1),(2)
Schools, Public or Private U U U
Commercial Uses
Bed and Breakfast
Establishments Sd Sd Sd See Section 18.43.060
Commercial Recreation L2 L2 —
Food and Beverage Sales U U U Not to exceed 3,500 sq.ft.; no gasoline sales or
liquor stores
'Offices, Business&
Professional — — S (5) (7)
Retail Cannabis Sales — — — Not permitted
Commercial Cannabis
Cultivation — — — Not permitted
Transportation,Communication,and Utilities Uses
Utilities, Minor P P P
Industrial Uses
Cannabis Distribution,
Manufacturing, Processing, -- -- -- Not permitted
Testing,and Storage
Accessory Uses and Structures See Section 18.43.020
Temporary Uses See Chapter 18.17
Nonconforming Uses See Chapter 18.46
Specific Limitations
L1 Only in RS-3.5 and RS-4 with approval of a site development permit and when in character with
the existing or proposed neighborhood.
L2 Golf courses, racquet clubs, health and fitness clubs (public and private) allowed in these
residential districts on parcels five acres and larger with approval of a use permit.
L19 Indoor cannabis cultivation permitted in accordance with the provisions of Chapter 6.12,',
Cannabis Activity.
(1) Residential Care Facilities in the "RE" and "RS" Districts shall not exceed the population
density that would otherwise result from typical residential development based on the
standard of 2.47 persons per household. For example, a 2-acre parcel in an "RS-3" District
would be limited to 15 persons receiving care (2x3x2.47=15 persons).
(2) In the "RE" and "RS" Districts, any facility over 5,000 square feet shall be developed in
accordance with the "RM-10" District,except that building height shall not exceed 35 feet.
(3) Site development permit issued by the Director shall be required for development on all
parcels within an "RM" District where said parcel was created by a subdivision of 5 or more
parcels.
(4) Single-family prohibited in "RM" District on lots created after adoption of this section except
in a "PD" Planned Development District and for small-lot subdivisions.
(5) The Director may require buffer yards on side and rear property lines of the office
development as specified in Section 18.40.020.
(6) Site development permit issued by the Director shall be required for construction of any units
on a parcel without public-street access.
(7) Size limit: 5,000 square feet. Limited to conversion of existing structures in "RM-12" through
"RM-30" Districts; new construction is allowed in "RM-6"through "RM-10" Districts.
(8) Permitted use subject to consistency with the definition of the use contained in Chapter 18.60.
Proposed transitional and supportive facilities that are inconsistent with Chapter 18.60 may
be allowed only in the "RM" District subject to first obtaining a site development permit
approved by the Board of Administrative Review.
(9) Permitted use subject to the requirements of Section 18.43.170 and the condominium
subdivision requirements of Chapters 17.30 and 17.34; see Schedule 18.31.030-B for
maximum allowable densities.
Section 9. Title 18 (Zoning), Chapter 18.32 (Office Districts: "LO" Limited Office and "GO"
General Office),Schedule 18.32.020-A is amended to is amended to read in its entirety as follows:
Schedule 18.32.020-A: Use Regulations—"Limited Office"and"General Office"Districts
Additional
Use Classifications "LO" "GO" Regulations
Residential Uses L7 S See Section 18.33.050
Residential Cannabis Cultivation L19 P L19 P See Chapter 6.12
Public and Semipublic Uses
Clinics Sd P
Clubs&Lodges -- P
Colleges and Trade Schools, Public or Private -- P
Community Centers -- U
Additional
Use Classifications "LO" "GO" Regulations
Cultural Institutions -- P
Day Care Center (14 or more) S P
Government Offices P P
Hospitals (including emergency care) -- P
Park&Recreation Facilities U U
Public Safety Facilities S S
Religious Facilities S P
Residential Care,General S P
Residential Care,Senior S P
Schools, Public or Private S P
Commercial Uses
Ambulance Services S S
Animal Sales and Services L6 L6
Banks and Savings&Loans L3 L4
Business Services P P
Eating and Drinking Establishments
Restaurants, Full Service P P
Drive-up/Drive-through Service -- --
Hotels and Motels -- S
Laboratories P P
Maintenance and Repair Services -- --
Offices, Business&Professional P P
Offices,Medical&Dental P P
Additional
Use Classifications "LO" "GO" Regulations
Parking,Office Sd Sd
Parking,Structures U U
Personal Services P P
Retail Sales L5 L5
Neighborhood Retail L5 L5
Community Retail -- --
Travel Services P P
Retail Cannabis Sales -- -- Not permitted
Commercial Cannabis Cultivation -- -- Not permitted
Transportation, Communication, and Utilities Uses
Communication Antennae and Transmission -- U See Section 18.40.010
Towers
Communication Facilities within Buildings Sd P
Utilities, Major -- U
Utilities,Minor P P
Industrial Uses
Cannabis Distribution,Manufacturing, Processing, -- -- Not permitted
Testing,and Storage
Accessory Uses and Structures See Section 18.43.020
Temporary Uses See Chapter 18.17
Nonconforming Uses See Chapter 18.46
Specific Limitations:
L3 No drive-through service.
L4 Site development permit required for drive-through service.
Additional
Use Classifications "LO" "GO" Regulations
L5 Limited to pharmacies up to 5,000 square feet.
L6 Site development permit required for kennels. Outdoor dog runs are prohibited.
L7 Only as a secondary use with a site development permit.
L19 Indoor cannabis cultivation permitted in accordance with the provisions of Chapter
6.12,Cannabis Activity.
Section 10. Title 18 (Zoning), Chapter 18.33 (Commercial Districts: "NC" Neighborhood
Commercial, "SC" shopping Center, "RC" Regional Commercial, "GC" General Commercial,
and "HC" Heaving Commercial), Schedule 18.33.020-A is amended to read in its entirety as
follows:
Schedule 18.33.020-A: Use Regulations—"Commercial"Districts
Use Classifications "NC" "SC" "RC" "GC" "GC- "HC" Additional
VR" Regulations
Residential Uses
Single-Family L7 — — L7 — L6
Residential Condominium and L7 L7 L7 S S — See Sections 18.33.050
Condominium Conversions and 18.43.170,and
subdivision requirements
of Chapters 17.30 and
17.34
Multiple-Family L7 L7 L7 S S See Section 18.33.050
Supportive Housing Facilities — — — S S S Multiple-Family Only
Transitional Housing Facilities — — ( — S S S Multiple-Family Only
L19 L19 L19 L19 L19 L19
Residential Cannabis Cultivation p p p pp p See Chapter 6.12
Public and Semipublic Uses
Clinics L8 L8 P P Sd P
Clubs and Lodges — — — P — —
Colleges and Trade Schools, — S S P — S
Public or Private
1—C-ommunity Centers U U U U — S
Community Social Service U
Facilities
Cultural Institutions L8 L8 P P Sd Sd
Day Care Center(14 or More) P P P P — S
Government offices L8 L8 P P P P
Hospitals — — — S - -
-r-
I
Park and Recreation Facilities S S S S S —
Parking, Public — S S S S S
Public Maintenance and Service S
Facilities
1--
Public Safety Facilities L8 P L8 P U U
Religious Facilities S S S P S S
Residential Care,General S — — Sd — —
Schools, Public or Private S S S S — S
Commercial Uses
Adult Business Establishments U
See Section 18.43.020
� I I
Animal Sales and Services L8 P P P S P Adjacent to an "R"
District, outdoor
kennels prohibited
Large Animal Veterinary Services — — — P — P
Banks and Savings and Loans L4 L4 L4 L4 Sd L4
Bed and Breakfast — — — Sd Sd —
Establishments i See Section 18.43.060
Building Materials and Services — — S S — P
Business Services L8 P P P P P
Commercial Recreation S S S S S S
I I
!Commercial Entertainment — P P P P I — I
Convenience Gas Mart S S S S S S
See Section 18.43.090
I
Eating and Drinking , I Site development
Establishments permit-director
required for outdoor
seating
Bars/Nightclubs/Lounges U S S S S S
Restaurants, Full Service P P P P P P
Drive-Up/Drive-Through L3 Sd Sd Sd Sd Sd
Service See Section 18.43.080
Food and Beverage Sales P P P P P P
Food Preparation P P P P P P
Funeral Parlors and Mortuaries — — — P — P
Home Improvement Sales and L8 L8 P P — P
Services
Homeless Shelters P 1
See Section 18.43.160
Hotels and Motels — — S S S S
Hotel, Residential — — — U U U Must meet Calif.
Building Code
requirement for
efficiency dwelling unit
Laboratories — P 1 P I P P P
Maintenance and Repair Services L9 L9 L9 L9 L9 L9
See Section 18.43.050
I
Offices, Business and Professional L8 P P P P P
Offices,Medical and Dental L8 P P P P P
'Parking Facilities,Commercial — S S S S S
Personal Improvement Services P P P P P P
Recreational Vehicle Parks — — — U — U
Personal Services PPP PPP
Retail Sales PPP P P P/
L10 See Section 18.43.130
Recycling Station L7 L7 L7 L7 L7 L7
Travel Services PP P PP P
Vehicle Equipment Sales and
Services
Automobile Rentals — — S Sd — Sd
Automobile/Vehicle Repair, — — — L11 L13 L11
Major See Section 18.43.050
Automobile/Vehicle Repair, — L11 L11 L11 L13 L11
Minor See Section 18.43.050
Automobile/Vehicle Sales and — — S Sd L13 Sd
Leasing
Automobile Washing — S S Sd L7 Sd
r Heavy Equipment Sales, — — — U — S
Service,&Rental
Large Vehicle Sales,Service,& — — — S L13 S
Rental
Vehicle Storage — — — S — S
- L20 L20 L20 L20 L20
Retail Cannabis Sales - p p p p p See Chapter 6.12
Commercial Cannabis Cultivation -- -- -- -' "" U See Chapter 6.12
Industrial Uses
Contractors'Office&Shop S
Buildings
Contractors'Storage Yards S
See Section 18.43.130
Handicraft/Custom — L8 L8 L8 L8 P
Manufacturing
Industry,General U
Self-Storage Warehouses — — — S — S See Section 18.43.150
Warehousing and Storage S
Cannabis Distribution,
Manufacturing,Processing, -- Not permitted
Testing,and Storage
� � I
1 Transportation, Communication,and Utilities Uses
1
1 Communication I — U U U U U I
Antennae/Transmission Towers See Section 18.40.010
Communication Facilities Within — J Sd P P — P
Buildings
1 Freight/Truck Terminals and S
Warehouses
Transportation Passenger S S S S S S
Terminals
Truck Weigh Stations S
Utilities,Major — — U U — U
Accessory Uses and Structures
See Section 18.43.020
Temporary Uses See Chapter 18.17
Nonconforming Uses
See Chapter 18.46
Specific Limitations:
1L3 No drive-through service except for establishments not exceeding 150 square feet in developed
neighborhood commercial projects exceeding 2 acres in area.Site development permit required.
L4 Site development permit required for drive-through.
L6 Caretakers' quarters only, not to exceed 1,000 square feet. Site development permit—Director
required.
L7 Only as an accessory use subject to approval of a site development permit.
L8 Small-scale only (5,000 square feet or less).
L9 No outdoor storage unless a site development permit is approved by the director.
L10 No shopping centers,power centers,or similar uses allowed.
L11 Site development permit required if site abuts an "R"district.
L12 Reserved.
L13 Establishment of new uses is prohibited. Enlargements of existing facilities up to 10 percent
are allowed by site development permit issued by the director. Other expansions/enlargements,
including expansions affecting more than a single parcel, shall require approval of a use permit.
Such expansions shall not be approved if they involve property not owned or legally controlled by
the business entity prior to adoption of this section. Proof of compliance shall be submitted at the
time of application for the expansion/enlargements. Such intensifications shall be subject to
compliance with all adopted site and building design criteria and development standards applicable
within the zoning district and such other site and building design elements determined necessary
by the approving authority to ensure compatibility with surrounding conforming uses.
L19 Indoor cannabis cultivation permitted in accordance with the provisions of Chapter 6.12,
Cannabis Activity.
L20 Retail sales of cannabis products permitted in accordance with the provisions of Chapter 6.12,
Cannabis Activity.
Section 11. Title 18 (Zoning), Chapter 18.34 (Industrial Districts: "GI" General Industry
and "HI" Heavy Industry), Schedule 18.34.020-A is amended to read in its entirety as follows:
Schedule 18.34.020-A: Use Regulations—"Industrial"Districts
Use Classifications "GI" "HI" Additional Regulations
Residential Uses
Single Family L6 L6
Residential Cannabis L19 P L19 P See Chapter 6.12
Cultivation
Public and Semipublic Uses
Cultural Institutions S —
Colleges and Trade Schools, S —
Public and Private
Public Safety Facilities S S
Commercial Uses
Commercial Recreation S —
Convenience Gas Mart S S See Section 18.43.090
Eating and Drinking
Establishments
Restaurants, Full Service Sd Sd
Food and Beverage
Preparation P —
Use Classifications "GI" "HI" Additional Regulations
Offices, Business&
Professional L17 L17
Retail Sales L15 L15
Vehicle Equipment Sales
and Services
Automobile/Vehicle P P See Section 18.43.050
Repair, Major
Automobile/Vehicle P P See Section 18.43.050
Repair, Minor
Large Vehicle/Equipment P P
Sales, Service&Rental
Vehicle Storage S S
Wholesale, Distributing& P P
Storage
Retail Cannabis Sales L20 P L20 P See Chapter 6.12
Commercial Cannabis L19 P L19 P See Chapter 6.12
Cultivation
Industrial Uses
Contractors'Office&Shop P P See Section 18.43.130
Buildings
Contractors'Storage Yards Sd P
Industry, P P
Handicraft/Custom
Industry,General P P
Industry, Heavy S P
Salvage/Wrecking L14 S U
Warehousing&Storage P P
Self-Storage Warehouses Sd —
Use Classifications "GI" "HI" Additional Regulations
Cannabis Distribution, L21 P L21 P See Chapter 6.12
Manufacturing, Processing,
Testing,and Storage
Transportation, Communication,and Utilities Uses
Communication Antennae& L16 L16 See Section 18.40.010
Transmission Towers
Communication Facilities P P
within Buildings
Freight/Truck Terminals S S
and Warehouses
Truck Weigh Stations P P
Utilities, Major P P
Utilities, Minor P P
Agriculture and Extractive Uses
Mining and Quarrying U U
Nurseries P —
Accessory Uses and Structures See Section 18.43.020
Temporary Uses See Chapter 18.17
Nonconforming Uses See Chapter 18.46
Specific Limitations
L6 A single caretakers' quarters only, not to exceed 1,000 square feet. Site
development permit required.
L14 No outdoor storage,dismantling,or similar activities.
L15 Retail sales and ancillary uses allowed as accessory uses not to exceed 10 percent of
floor area unless a site development permit if first obtained.
L16 Use permit required for transmission towers.
Use Classifications "GI" "HI" Additional Regulations
L17 Offices that support industrial uses,business and office parks,and corporate offices,
excluding small-scale offices oriented to individual/personal services.
L19 Indoor cannabis cultivation permitted in accordance with the provisions of Chapter
6.12,Cannabis Activity.
L20 Retail sales of cannabis products permitted in accordance with the provisions of
Chapter 6.12,Cannabis Activity.
L21 Cannabis Distribution, Manufacturing, Processing, Testing, and Storage permitted
in accordance with the provisions of Chapter 6.12,Cannabis Activity.
Section 12. Title 18 (Zoning), Chapter 18.35 ("OS" Open Space District), Schedule
18.35.030-A is amended to read in its entirety as follows:
Schedule 18.35.030-A: Use Regulations—"Open Space"District
Use Classifications "OS"
Buildings f --
Camping --
Dispersed recreational activities P
Fences --
Fire access trails S
Fire hazard abatement as approved by the Fire Marshal P
Flood control facilities and projects L17
Pedestrian and bike trails S
Gardening --
Grading/filling --1
Livestock grazing L18
Operation of motorized vehicles --
I Passive activities (hiking,walking,bird watching,and similar activities) P
Public streets I L17
Public utility installations and maintenance L17
Refuse dumping --
Storage of materials I --
Trail/interpretive signs P
Residential Cannabis Cultivation L19 P
Commercial Cannabis Cultivation --
Retail Cannabis Sales
Cannabis Distribution, Manufacturing, Processing,Testing,and Storage
L17 Only in RS-3.5 and RS-4 with approval of a site development permit and when in character
with the existing or proposed neighborhood.
L18 Golf courses, racquet clubs, health and fitness clubs (public and private) allowed in these
residential districts on parcels five acres and larger with approval of a use permit.
L19 Indoor cannabis cultivation permitted in accordance with the provisions of Chapter 6.12,
Cannabis Activity.
1 Grading for trails,fire prevention,stormwater management,and similar activities is permitted. j
Section 13. Title 18 (Zoning), Chapter 18.36 ("PF" Public Facilities District), Schedule
18.36.030-A is amended to read in its entirety as follows:
Schedule 18.36.030-A: Use Regulations—"Public Facilities"District
Additional
Use Classifications "PF" Regulation
s
Public and Semi-Public Uses
Cemetery U
Clubs and Lodges S 1
Colleges and Trade Schools, Public or Private S 1
Commercial Support Uses S 1
Community Social Service Facilities I U
Cultural Institutions S 1
Day Care Centers (14 or more) S 1
Government Offices S 1
Hospitals and Clinics (including emergency care) S 1
Offices of Philanthropic/Nonprofit Organizations S 1
Park&Recreation Facilities S 1
Parking, Public S 1
Public Maintenance and Service Facilities U
Public Safety Facilities S 1
Religious Facilities S 1
Residential, Public and Not for Profit S 1
Residential Care, General S 1
Residential Care, Senior S 1
Schools, Public or Private S 1
Supportive Housing Facilities S , 1
Transitional Housing Facilities S 1
1 Transportation, Communication, and Utilities Uses
(Airports and Heliports U
Communication Antennae and Transmission Towers U
Transportation Passenger Terminals U
Utilities, Major U
Utilities, Minor P
Residential Uses
See
Residential Cannabis Cultivation L19 P Chapter
6.12
Commercial Uses
Commercial Cannabis Cultivation __ Not
permitted
Retail Cannabis Sales __ Not
permitted
Industrial Uses
Cannabis Distribution, Manufacturing, Processing,Testing, and I Not
Storage permitted
Accessory Uses and Structures See Section 18.43.020
L19 Indoor cannabis cultivation permitted in accordance with the provisions of Chapter 6.12,Cannabis
Activity.
1 Use permit required if facility exceeds 30,000 square feet or 50 dwelling units.
Section 14. Section 18.43.100 (Medical Marijuana Cultivation at Private Residences) of
the Redding Municipal Code is hereby repealed.
Section 15. Title 18 (Zoning), Chapter 18.43 (Standards for Specific Land Uses), Section
18.43.110 is amended to read in its entirety as follows:
18.43.110 - Home occupations.
The City of Redding recognizes that some citizens may desire to use their places of residence for
some limited activity other than as a residence and supports such effort. However, the City
believes that the need to protect the character of residential neighborhoods is of paramount
concern. To that end, limited commercial-type activities are allowed in any residential dwelling
unit only to the extent that, to all outward appearances, neighbors or passersby will not be aware
of the activity. Home occupations are permitted within all residential zoning districts subject to
obtaining the appropriate business license; they also shall meet the following standards:
A. Standards.
1. The activity is one that is consistent with the use of the premises as a dwelling.
2. There shall not be any exterior evidence of the conduct of a home occupation.
3. A home occupation shall be conducted only within an enclosed living area of the
dwelling unit or the garage and shall not occupy more than twenty-five percent
(25%) of the gross floor area of the dwelling. A home occupation shall not be
permitted out-of-doors on the property or in any accessory structure utilized to
satisfy the off-street parking requirements of Chapter 18.41 (Off-Street Parking
and Loading) of this title.
4. Electrical or mechanical equipment which creates visible or audible interference
in radio or television receivers, or causes fluctuation in line voltage outside the
dwelling unit, or which creates noise not normally associated with residential uses
shall be prohibited.
5. No equipment or process shall be used in home occupations which create
uncustomary noise, vibration, glare, or odors such that they are detectable to
normal senses off the lot.
6. Except for a cottage food operation, only the actual residents of the dwelling unit
shall engage in the home occupation; no employees shall be permitted on the
premises in connection with the home occupation except those who are residents
of the property. Pursuant to Section 113758 of the Health and Safety Code, a
cottage food operation may employ one nonhousehold member as an employee.
7. Customers or clients shall not be permitted at the residence except to receive
educational, therapeutic, or counseling services where not more than two clients
shall receive service at any one time, or for a cottage food operation. Pursuant to
Section 113758 of the Health and Safety Code, direct sales may occur from a
cottage food operation.
8. The conduct of any home occupation shall not reduce or render unusable areas
provided for the required off-street parking or prevent the number of cars
designated to be parked in a garage from doing so.
9. A home occupation shall not create greater vehicular or pedestrian traffic beyond
that which is normal in a residential district nor in any case require the parking of
more than one additional vehicle at any one time.
10. Storage and use of a limited amount of materials, goods, supplies or equipment
related to the operation of the home occupation is permitted provided that the
limitations delineated in subsections (A)(3) and (A)(5) of this section shall not be
exceeded. The display of goods or storage of uncustomary amounts of flammable
materials shall be prohibited.
11. Not more than one commercial motor vehicle, together with equipment, tools and
stock-in-trade maintained therein, is permitted where such motor vehicle is used
as the owner's means of transportation. Commercial vehicles exceeding the rated
capacity stated in Chapter 11.24 of this code are prohibited.
12. On-site storage/parking of oversized or specialized commercial vehicles and the
storage of materials in excess of the space limitation provided herein is
prohibited.
13. Advertising on the site of a home occupation is prohibited except that a
commercial vehicle permitted herein may have signs affixed which identifies the
business name only and does not identify the address of the business.
14. On-site training for promotional sales shall not be permitted.
15. Any deliveries shall be by standard mail or package carrier.
16. The cultivation, distribution, manufacturing, processing, testing and storage of
cannabis and products containing cannabis for commercial purposes shall not be
permitted.
B. Special Review. Persons with demonstrated physical handicaps may be permitted special
review by the Development Services Director. A resident may request waiving one or
more, or a portion thereof, of the requirements of subsections (A)(1) through (A)(15) of
this section by seeking a zoning exception pursuant to Chapter 18.15 of this title.
Notification of the request shall be made to property owners within one hundred feet of
the subject property. In reviewing the request, the Director shall consider the applicant's
physical inability to function within the requirements of subsections (A)(1) through
(A)(15) of this section. Determinations made by the Director may be appealed to the
Board of Administrative Review as provided for in Chapter 18.11 (Common Procedures)
of this code.
C. Enforcement. Enforcement of the provisions of this Chapter may include the issuance of
a citation and fine, or other legal remedy as provided for in Title 1 of this code. If a
business is operating in violation of this code, it must terminate immediately.
D. Duration of Home Occupation.
1. Home occupations may be conducted unless one or more of the following
occur(s):
a. The home occupation does not commence within one year of receipt of the
business license;
b. The use ceases for a period greater than six months;
c. The original business license holder moves from the approved location;
d. There is a violation of the home occupation performance criteria;
e. There is a violation of any law or ordinance in connection with the home
occupation.
2. In the event a home occupation changes, a new business license shall be obtained.
E. Inspections. Applicants for home occupations shall permit a reasonable inspection of the
premises by appropriate City staff to determine compliance with this Chapter.
F. Home Occupation Affidavit. Prior to issuance of a business license by the City Clerk, the
applicant shall attest that he/she understands the above requirements by signing the home
occupation affidavit available at the Development Services Department.
G. Cottage Food Operation. A cottage food operation, as defined and as limited in Section
113758 of the Health and Safety Code, is an allowable home occupation subject to the
standards set forth in this section.
Section 16. Title 18 (Zoning), Chapter 18.46 (Nonconforming Uses, Structures, Sites
and Parcels), Section 18.46.120 is amended to read in its entirety as follows:
18.46.120 - Nuisance abatement.
In the event that a legal nonconforming structure or use is found to constitute a public nuisance
or has been legislatively determined by the City Council to constitute a public nuisance, the
public nuisance may be abated by civil, criminal or administrative action without restriction as to
remedy.
Section 17. Title 18 (Zoning), Chapter 18.61 (List of Terms and Definitions), Section
18.61.020 as amended as follows:
Delete the definition of"Medical Marijuana Cooperative or Collective" in its entirety.
Delete the definition of"Qualified Patient" in its entirety.
Section 18. Severability. If any section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held by a court of competent jurisdiction to be invalid or
unconstitutional, such decision shall not affect the validity of the remaining portions of the
ordinance. The City Council of the City of Redding hereby declares that it would have passed
this ordinance and each section, subsection, sentence, clause and phrase thereof irrespective of
the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid
or unconstitutional.
Section 19. The passage of this Ordinance is not a "project" according to the definition
in the California Environmental Quality Act ("CEQA"), and therefore is not subject to the
provisions requiring environmental review. Pursuant to the Statutory Exemption set forth in
subdivision (h) of Business and Professions Code section 26055, this Ordinance is exempt from
the provisions requiring environmental review because it requires discretionary review under
CEQA to approve licenses to engage in commercial cannabis activity within the jurisdictional
limits of the City of Redding.
Section 20. 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.
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 6th day of March, 2018, and was duly
read and adopted at a regular meeting on the 20th day of March, 2018, by the following vote:
AYES: COUNCIL MEMBERS: McElvain, Sullivan,Winter, & Schreder
NOES: COUNCIL MEMBERS: Weaver
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
KRISTEN S DER, Mayor
ATTEST: FORM APPROVED:
6/tekijki(14—
4AMELA MIZE, City Clerk BARRY E. ;I),"
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