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<br />SECTION 2. General Plan Consistency. Based on the entire record before the City
<br />Council and all written and oral evidence presented, including the staff report and the findings made
<br />in this Ordinance, the City Council hereby finds and determines that the proposed Ordinance is
<br />consistent with the goals and policies of the City of Colton General Plan and is related to the public
<br />welfare of the citizens of the City and surrounding regions.
<br />SECTION 3. Section 18.48.130.C. "Personal Use", subsection 3. "Indoor Cultivation" of
<br />Chapter 18.48 of Title 18 of the Colton Municipal Code, pertaining to the "Marijuana Uses", is
<br />hereby amended to read as follows, including the deletion of subsection "c" in its entirety:
<br />a. A person may not plant, cultivate, harvest, dry, or process marijuana plants inside a
<br />private residence, or inside an accessory structure to a private residence located upon
<br />the grounds of a private residence, or inside any other enclosed structure within any
<br />zoning district of the City, unless the person is issued a residential indoor marijuana
<br />cultivation permit pursuant to 18.58.132. No use permit, building permit, variance,
<br />or any other permit or entitlement, whether administrative or discretionary, shall be
<br />approved or issued for any such use or activity.
<br />b. To the extent a complete prohibition on indoor cultivation is not permitted under
<br />California law, a person may not plant, cultivate, harvest, dry, or process marijuana
<br />plants inside a private residence, or inside an accessory structure to a private
<br />residence located upon the grounds of a private residence, unless the person is issued
<br />a residential indoor marijuana cultivation permit pursuant to 18.58.132. A person
<br />may not plant, cultivate, harvest, dry, or process marijuana plants inside any
<br />enclosed structure within any zoning district of the City which is not either a private
<br />residence or an accessory structure to a private residence located upon the grounds
<br />of a private residence.
<br />SECTION 4. Section 18.48.132 of Chapter 18.48 of Title 18 of the Colton Municipal
<br />Code, is hereby added to read as follows:
<br />18.58.132. Residential Indoor Marijuana Cultivation (RIMC) Permit
<br />10. Purpose.
<br />The purpose of this chapter is to prescribe the requirements and process for the Residential Indoor
<br />Marijuana Cultivation (RIMC) Permit. The RIMC Permit is intended to serve as an instrument of
<br />the City's reasonable regulation of residential indoor marijuana cultivation as provided by
<br />California Health and Safety Code, Section 11362.2(b)(1).
<br />20. Definitions
<br />A. "Cultivation" means the marijuana cultivation process including, but not limited to,
<br />planting, harvesting, drying, processing, or maintenance activities.
<br />B. "Cultivation area" includes the area where marijuana plants are cultivated, cultivation -
<br />related materials and supplies are stored, and any marijuana processed from the cultivation
<br />in excess of 28.5 grams.
<br />C. "Child care" means a facility, center, or home requiring a license that is issued by the
<br />State of California which provides for the care, health, safety, supervision, or guidance of
<br />a child's social, emotional, and educational growth on a regular basis, in a place other than
<br />the child's own home, or any facility meeting the definition of California Health and
<br />Safety Code Section 1596.76
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