O-002-17 Amending section 18.48 (Special Provisions) of Title 18 (Zoning) to address permitting for residential indoor marijuana cultivation (4-4-17)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 02-17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON AMENDING SECTION 18.48 (SPECIAL PROVISIONS) OF TITLE 18 (ZONING) OF THE COLTON MUNICIPAL CODE TO ADDRESS PERMITTING FOR RESIDENTIAL INDOOR MARIJUANA CULTIVATION (RIMC). (FILE INDEX NO. DAP -001-388). WHEREAS, the personal recreational use, possession, purchase, transport, or dissemination of marijuana is considered unlawful by Section 18.130.C. of the Colton Municipal Code; and WHEREAS, on November 8, 2016, the Adult Use of Marijuana Act (AUMA) - Proposition 64 was passed by California voters, and WHEREAS, one of the provisions of the Adult Use of Marijuana Act (AUMA) was that no city may completely prohibit the personal cultivation of not more than six living marijuana plants inside a private residence, or inside an accessory structure to the residence, that is fully enclosed and secure, pursuant to new provisions to be inserted as Section 11362.2(b)(2) of the California Health & Safety Code, and WHEREAS, the AUMA further states that a city may enact and enforce reasonable regulations to reasonably regulate said personal cultivation, pursuant to new provisions to be inserted as Section 11362.2(b)(1) of the California Health & Safety Code, and WHEREAS, Section 18.130.C.2 of the Colton Municipal Code requires a permit for residential indoor marijuana cultivation ("RIMC"), as now allowed by the Adult Use of Marijuana Act (AUMA), and WHEREAS, Section 18.130.C.3 of the Colton Municipal Code provides for the creation of application and processing guidelines to address residential indoor marijuana cultivation prior to the granting of said permits, and