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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 />cultivation of marijuana are unlawful and subject to federal prosecution without regard to a <br />claimed medical need; and <br />WHEREAS, the indoor cultivation of marijuana has potential adverse effects to the <br />health and safety of the occupants; including structural damage to the building due to increased <br />moisture and excessive mold growth which can occur and can pose a risk of fire and <br />electrocution; additionally, the use of pesticides and fertilizers can lead to chemical <br />contamination within the structure; and <br />WHEREAS, based on the experiences of other cities, these negative effects on the <br />public health, safety, and welfare are likely to occur, and continue to occur, in the City due to <br />the establishment and operation of marijuana cultivation, processing, and distribution uses; and <br />WHEREAS, the subject Ordinance is not subject to the California Environmental <br />Quality Act (CEQA) pursuant to Sections 15060(c)(2), 15060(c)(3) and 15061(b)(3). The <br />activity is not subject to CEQA because it will not result in a direct or reasonably foreseeable <br />indirect physical change in the environment; the activity is not a project as defined in Section <br />15378, and the activity is covered by the general rule that CEQA applies only to projects, which <br />have the potential for causing a significant effect on the environment. Where it can be seen <br />with certainty that there is no possibility that the activity may have a significant effect on the <br />environment, the activity is not subject to CEQA; and <br />WHEREAS, this Ordinance would amend Section 18.48.130 to clarify the substantive <br />objectives of the Municipal Code regarding the City's regulation of marijuana within its City <br />limits and to preemptively address some proposed changes to California law in the event AUMA <br />passes on November 8, 2016. <br />NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON <br />