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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 />ORDINANCE NO. 0-11-17 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY <br />OF COLTON, CALIFORNIA, AMENDING CHAPTERS <br />18.06.160 AND 18.48.130 AND ADDING A NEW CHAPTER <br />18.48.134 ESTABLISHING PERMITTING PROCEDURES <br />FOR COMMERCIAL MARIJUANA CULTIVATION <br />BUSINESSES AND OTHER COMMERCIAL MARIJUANA <br />ACTIVITIES AND ADOPTING A CHANGE OF ZONE TO <br />APPLY A MARIJUANA CULTIVATION CANDIDATE SITES <br />(MCCS) OVERLAY ZONE (FILE INDEX NO. DAP -001-426). <br />WHEREAS, the City of Colton, California (the "City") is a municipal corporation, duly <br />organized under the constitution and laws of the State of California; and <br />WHEREAS, California Government Code section 65800 et seq. authorizes the adoption <br />and administration of zoning laws, ordinances, rules and regulations by cities as a means of <br />implementing the General Plan; and <br />WHEREAS, the City passed Ordinance No. 0-02-17 on March 21, 2017; and <br />WHEREAS, the City desires to properly regulate all commercial marijuana cultivation <br />activities in the City to protect the health, safety, and welfare of its citizens and to reduce the <br />potential for negative secondary effects of establishing commercial cultivation in Colton; and <br />WHEREAS, on November 8, 2016, California voters moved to approve Proposition 64, <br />the Control, Regulate and Tax Adult Use of Marijuana Act ("AUMA"); and <br />WHEREAS, the AUMA regulates, among other items, the use of marijuana for personal <br />and commercial purposes, including the recreational use of marijuana by adults over 21 years of <br />age; and <br />WHEREAS, to regulate personal use of marijuana the AUMA would add Sectionl 1362.1 <br />to the Health and Safety Code, which makes it "lawful under state and local law" for persons 21 <br />years of age or older to "possess, process, transport, purchase, obtain, or give away to persons 21 <br />years of age or older without any compensation whatsoever" up to 28.5 grams of marijuana in the <br />form of concentrated cannabis or not more than eight grams of marijuana in the form of <br />concentrated cannabis contained in marijuana products; and <br />WHEREAS, the AUMA makes it lawful for those individuals to "possess, plant, cultivate, <br />harvest, dry, or process not more than six living marijuana plants and possess the marijuana <br />produced by the plants; and <br />WHEREAS, the AUMA makes it lawful for those individuals to smoke or ingest marijuana <br />or marijuana products; and <br />