HomeMy WebLinkAboutOrdinance - 2468 - Amend Title 18
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ORDINANCE NO. 2468
AN ORDINANCE OF THE CITY OF REDDING AMENDING TITLE 18 (ZONING),
CHAPTER 18.34 (INDUSTRIAL DISTRICTS), SECTION 18.34.020 (LAND USE
REGULATIONS), SCHEDULE 18.34.020-A (USE REGULATIONS - "INDUSTRIAL"
DISTRICTS) AND CHAPTER 18.60 (USE CLASSIFICATIONS), SECTION 18.60.070
(AGRICUL TURE AND EXTRACTIVE USE CLASSIFICATIONS), AND ADOPTING
THE ADDENDUM TO THE MITIGATED NEGATIVE DECLARATION RELATED
TO MEDICAL MARIJUANA NURSERIES
WHEREAS, in 1996, the voters of the State of California approved Proposition 215, entitled the
Compassionate Use Act of 1996, codified as Health and Safety Code Section 11362.5, et seq., which created
a limited exception from state criminal liability under Health and Safety Code section 11357 and 11358 for
seriously ill persons who are in need of medical marijuana for specified medical purposes and who obtain and
use medical marijuana under limited, specified circumstances; and,
WHEREAS, the California state legislature Health and Safety Code Section 11362.7, et seq., (Medical
Marijuana Program), which clarifies the scope of the Compassionate Use Act and allows cities and counties
to adopt and enforce rules and regulations consistent therewith (Health and Safety Code Section 11362.83);
and,
WHEREAS, on December 1, 2009, the Redding City Council adopted Chapter 6.12 of the Redding
Municipal Code establishing standards, criteria, and licensing procedures ofthe establishment of Marijuana
Cooperative and Collectives; and,
WHEREAS, on September 7, 2010, the Redding City Council adopted amendments to Chapter 6.12
of the Redding Municipal Code establishing standards and criteria for the establishment of medical marijuana
nurseries in association with medical marijuana cooperatives; and,
WHEREAS, the Planning Commission held a duly noticed public hearing to consider amendments to
the City of Redding Zoning Ordinance (RZ-5-1O) on September 14,2010, to establish the definition and the
appropriate zoning districts necessary for the establishment of medical marijuana nurseries and recommended
that the City Council adopt an Addendum to the Mitigated Negative Declaration prepared for the Zoning
Ordinance and certain amendments to the text of the Zoning Ordinance.
WHEREAS, the City Council held a duly noticed public hearing on this date, prior to the first reading
of this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
REDDING AS FOLLOWS:
Section 1. The City Council hereby adopts the Addendum to the Zoning Ordinance Mi tigated N egati ve
Declaration prepared for the attached amendments to portions of the Redding Municipal Code Title 18, Zoning
Ordinance.
Section 2. Title 18 (Zoning), Chapter 18.34 (Industrial Uses) Section 18.34.020, Schedule 18.34.020-A e ()
(U se Regulations-"Industrial" Districts) is hereby amended to add a use classification for "Medical Marijuana ~
Nursery" to read as follows: 0\
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Chapter 18.34 Industrial Districts
Schedule 18.34.020-A: Use Regulations - Industrial Districts
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Residential Uses
Single Family L6 L6
Public and Semipublic Uses
Public Safety Facilities S S
Commercial Uses
Commercial Recreation U -
Convenience Gas Mart S S See Section 18.43.090
Eating and Drinking Establishments
Restaurants, Full Service Sd Sd
Laboratories P P
Offices, Business & Professional LI7 LI7
Retail Sales LI5 LI5
Vehicle Equipment Sales and Services
AutomobileNehicle Repair, Major P P See Section 18.43.050
AutomobileN ehicle Repair, Minor P P See Section 18.43.050
Large Vehicle/Equipment Sales, Service & P P
Rental
Vehicle Storage S S
Wholesale, Distributing, & Storage P P
Industrial Uses
Contractors' Office & Shop Buildings P P See Section 18.43.130
Contractors' Storage Yards Sd P
Industry, Handicraft/Custom P P
Industrv, General P P
Industry, Heavy S P
Salvage/Wrecking LI4 U
S
Warehousing & Storage P P
Self-Storage Warehouses Sd -
Transportation, Communication, and Utilities Uses
Communication Antennae & Transmission Towers LI6 LI6 See Section 18.40.010
Communication Facilities within Buildings P P
Freight/Truck Terminals and Warehouses S S
Truck Weigh Stations P P
Utilities, Major P P
Utilities, Minor P P
AJ!riculture and Extractive Uses
Mining and Ouarrving U U
Nurseries P -
Nursery, Medical Marijuana P P See RMC Chapter 6.12.090
Accessorv Uses and Structures See Section 18.43.020
Temporary Uses See Chapter 18.17
NonconforminJ! Uses See Chapter 18.46
Soecific Limitations
L6 A single caretakers' quarters only, not to exceed 1,000 square feet. Site development permit required.
LI4 No outdoor storage, dismantling, or similar activities.
LI5 Store sales allowed as an accessory use not to exceed 10 percent of floor area.
LI6 Use permit required for transmission towers.
Ll7 Offices that support industrial uses, business and office parks, and corporate offices, excluding small-
scale offices oriented to individual/oersonal services.
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Section 3. Title 18 (Zoning), Chapter 18.60 (Use Classifications), Section 18.60.070 (Agriculture and
Extractive Uses) is hereby amended to add the definition for "Medical Marijuana Nursery" to read as follows:
Nursery, Medical Marijuana. A facility operating within the city of Redding in compliance with the
provisions of Section 6.12.090 of the Redding Municipal Code that provides dried medical marijuana and/or
live marijuana clones/non-budding plants solely to members ofthe medical marijuana cooperative or collective
to which the nursery is affiliated.
Section 4. Severability. If any section, subsection subdivision paragraph, sentence, clause or phrase
of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or
unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining
sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its
application to any person or circumstance. The City Council of the City of Redding hereby declares that it
would have adopted each section, subsection subdivision paragraph, sentence, clause or phrase hereof,
irrespective of the fact that anyone or more other sections, subsections subdivisions paragraphs, sentences,
clauses or phrases hereofbe declared invalid or unenforceable.
Section 5. This ordinance shall take effect thirty (30) days after the date of its adoption, and the City
Clerk shall certify to the adoption of this ordinance and cause its publication according to law.
I HEREBY CERTIFY that this ordinance was introduced and read at a regular meeting of the City
Council on the 5th day of October, 2010, and was read and adopted at a regular meeting of the City Council on
the 19th day of October, 2010, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN :
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Bosetti, Dickerson, McArthur, and Stegall
Jones
None
None
Attest: .
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PAMELA M'IZ~~rk
RIZ~~ttomeY
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