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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />the City." <br />Section 18.48.130 of Chapter 18.48 ("Special Provisions") of Title 18, ("Zoning") <br />of the Colton Municipal Code is hereby added to read as follows: <br />"18.48.130 Prohibition of Businesses or Uses that Violate State <br />or Federal Law <br />Any business, operation or use that cannot be conducted or carried <br />out without being in violation of state or federal law shall be <br />prohibited in all planning areas, districts, or zones within the City." <br />SECTION 3. Based on the entire record before the City Council, and all written <br />and oral evidence presented to the City Council, the City Council hereby makes and adopts the <br />following findings: <br />A. This Ordinance promotes the health, safety, and welfare of the community <br />because: (i) it will help avoid the adverse secondary impacts created by medical marijuana <br />dispensaries, including burglaries and takeover robberies of dispensaries, robberies of customers <br />leaving dispensaries, an increase in crime in the vicinity of dispensaries, illegal re -selling of <br />marijuana obtained from dispensaries, physicians issuing apparently fraudulent recommendations <br />for the use of marijuana, dispensary staff selling marijuana to customers with obviously <br />counterfeit patient identification cards, street dealers attempting to sell marijuana to dispensary <br />customers, dispensary customers using marijuana and then driving under the influence of <br />marijuana, the sale of illegal drugs other than marijuana in the dispensaries, and sales of <br />marijuana to minors, that have been observed in communities where medical marijuana <br />dispensaries have been allowed to operate; and (ii) it will ensure that land uses that are illegal <br />under federal or state law are not established in Colton. <br />B. This Ordinance is consistent with the Colton General Plan because nothing <br />in the Colton General Plan permits the establishment of medical marijuana dispensaries or other <br />businesses that are prohibited by applicable law. <br />C. This Ordinance is consistent with the intent of Title 18 of the Colton <br />Municipal Code because Title 18 and its respective chapters are intended to create orderly and <br />logical patterns of land uses, and the Zoning Amendment prohibits the establishment of <br />businesses that are prohibited under applicable law, including one particular business that has <br />been shown to generate secondary impacts. <br />SECTION 4. If any sentence, clause or phrase of this Zoning Ordinance is for any <br />reason held to be unconstitutional or otherwise invalid, such decisions shall not affect the validity <br />of the remaining provisions of this Ordinance. <br />ORANGE\HY,ENNY\36204.1 -3- <br />