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2 <br />rd <br />0 <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 />18.48.130 Prohibition of Businesses or Uses that violate state or Federal <br />Law; Medical Marijuana Dispensaries. <br />A. Any Business, operation or Use that cannot be conducted or carried out <br />without being in Violation of state or Federal Law, including any <br />Medical Marijuana Dispensary as the term is defined in section <br />18.04.321 of this Code, Shall be prohibited in all planning areas, <br />Districts, or zones within the City. <br />B. Notwithstanding any other provision of this Code, any Medical <br />Marijuana Dispensary, as that term is defined in section 18.04.321 of <br />this Code, is hereby expressly prohibited from operating in any zone of <br />the City of Colton. Therefore, the use of any property within the City <br />as a Medical Marijuana Dispensary shall not be treated as a permitted <br />use, a use permitted only with a Conditional Use Permit, or a use <br />permitted by right in any zoning district of the City. <br />C. The operation of any Medical Marijuana Dispensary, as defined in <br />section 18.04.321 of this Code, within the City is hereby declared a <br />public nuisance and shall be abated pursuant to all available remedies. <br />Violations of this Section may be enforced by any applicable law. <br />Notwithstanding any other provisions of this Code, a violation of this <br />Section is not subject to criminal penalties. <br />D. No person shall deliver marijuana or marijuana -infused products, such <br />as tinctures, baked goods or other consumable products, to any location <br />within the City from a Medical Marijuana Dispensary, regardless of <br />where the Medical Marijuana Dispensary is located, or engage in any <br />effort to locate, operate, own, lease, supply, allow to be operated, or <br />aid, abet, or assist in the operation of any medical marijuana dispensary <br />in the City." <br />SECTION 6. CEQA. This ordinance is not a project within the meaning of Section <br />15378 of the State California Environmental Quality Act ("CEQA") Guidelines, because it <br />has no potential for resulting in physical change in the environment, directly or indirectly. <br />The City Council further finds, under Title 14 of the California Code of Regulations, Section <br />15061(b)(3), that this Ordinance is nonetheless exempt from the requirements of CEQA in <br />that the activity is covered by the general rule that CEQA applies only to projects which have <br />the potential for causing a significant effect on the environment. Where it can be seen with <br />certainty that there is no possibility that the activity in question may have a significant effect <br />on the environment, the activity is not subject to CEQA. The City Council, therefore, directs <br />that a Notice of Exemption be filed with the County Clerk of the County of San Bernardino in <br />accordance with CEQA Guidelines. <br />SECTION 7. Custodian of Records. The documents and materials that constitute the <br />record of proceedings on which these findings and this Ordinance are based are located at the <br />City Clerk's office located at 650 N. La Cadena Drive, Colton, CA 92324. The custodian of <br />these records is the City Clerk. <br />-7- <br />