HomeMy WebLinkAbout4075 I Ordinance No. 4075
2 AN ORDINANCE AMENDING SECTIONS 34A-4, 34A-5, and 34A-8 TO ARTICLE I,
3 CHAPTER 34A ENTITLED "RESTRICTIONS ON CULTIVATION OF MEDICAL
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MARIJUANA" OF THE BUTTE COUNTY CODE
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The Board of Supervisors of the County of Butte ordains as follows:
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Section 1. Sections 34A-3(q-v), entitled "Definitions," of Article I, entitled"Restrictions on
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Cultivation of Medical Marijuana" of the Butte County Code are hereby amended to read as
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follows:
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10 "(q) "Recommendation"means a written current recommendation signed by a licensed
11 California physician pursuant to Health and Safety Code sections 11362.5 and 11352.7.
12 (r) "Residential treatment facility" means a facility providing for treatment of drug and alcohol
13 dependency, including any"sober living facility"run by treatment providers for the benefit of
14 transitional living.
15 (s) "School"means an institution of learning for minors, whether public or private, offering a
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regular course of instruction required by the California Education Code, or any child or day care
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facility. This definition includes a nursery school, kindergarten, elementary school, middle or
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junior high school, senior high school, or any special institution of education, but it does not
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include a vocational or professional institution of higher education, including a community or
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21 junior college, college or university.
22 (t) "School Bus Stop"means any location designated in accordance with California Code of
23 Regulations, Title 13, section 1238, to receive school buses, as defined in California Vehicle
24 Code section 233, or school pupil activity buses, as defined in Vehicle Code section 546.
25 (u) "School Evacuation Site"means any location designated by formal action of the governing
26 body, Superintendent, or principal of any school as a location to which juveniles are to be
27 evacuated to, or are to assemble at, in the event of an emergency or other incident at the school.
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I (v) "Youth-oriented facility"means elementary school, middle school,junior high school, high
2 school, public park, and any establishment that advertises in a manner that identifies the
3 establishment as catering to or providing services primarily intended for minors or the
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individuals who regularly patronize, congregate or assemble at the establishment are
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predominantly minors. This shall not include a day care or preschool facility."
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Section 2. Section 34A-4, entitled "Nuisance declared; cultivation restrictions," of Article I,
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entitled "Restrictions on Cultivation of Medical Marijuana" of the Butte County Code is hereby
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amended to read as follows:
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10 "(a) The cultivation of marijuana plants exceeding the following square footage limitations, o
11 any premises is hereby declared to be unlawful and a public nuisance that may be abated i
12 accordance with this Chapter:
13 (1) If the premises is one-half(0.5) of an acre in size or less, plants may be cultivated on the
14 premises indoors only in a detached structure no larger than one hundred twenty (120
15 square feet in size;
16 (2) If the premises is greater than one-half(0.5) of an acre in size but less than five (5) acres i
17 size, a single cultivation area no larger than fifty (50) square feet may be devoted to the
18 cultivation of marijuana on the premises. The cultivation area shall be measured from the
19 outer edge of the marijuana plant canopy and not the stalk. The cultivation area shall have
20 one (1) or more recommendation associated with the plants. The cultivation area may b
21 either-indoors or outdoors;
22 (3) If the premises is equal to or greater than five (5)_acres in size but less than ten (I0)_acres i
23 size, a single cultivation area no larger than one hundred (100) square feet may be devote
24 to the cultivation of marijuana on the premises. The cultivation area shall be measure
25 from the outer edge of the marijuana plant canopy and not the stalk. The cultivation are
26 shall have two (2) or more recommendations associated with the plants. The cultivation
27 area may be either indoors or outdoors;
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1 ) If the premises is equal to or greater than ten (10) acres in size, a single cultivation area n
2 larger than one hundred fifty (150) square feet may be devoted to the cultivation of marijuana
3 on the premises. The cultivation area shall be measured from the outer edge of the marijuana
4 plant canopy and not the stalk. The cultivation area shall have three (3) or more
5 recommendations associated with the plants. The cultivation area may be either indoors o
6 outdoors.
7 (b) The limitations of section 34A-4(a) shall be imposed regardless of the number o
8 qualified patients or primary caregivers residing at the premises or participating directly o
9 indirectly in the cultivation. Further, such limitations shall be imposed notwithstanding an
10 assertion that the persons(s) cultivating marijuana are the primary caregiver(s) for qualified
11 patients or that such persons(s) are collectively or cooperatively cultivating marijuana. An
12 further, all persons(s) cultivating marijuana on the premises or participating directly or indirectly
13 in the cultivation must be Butte County residents.
14 (c) The single cultivation area shall consist of one contiguous space. The length and widt
15 of the single cultivation area shall not exceed a ratio of 2:1."
16 Section 3. Section 34A-5, entitled "Complaints," of Article 1, entitled "Restrictions on
17 Cultivation of Medical Marijuana" of the Butte County Code is hereby amended to read as
18 follows:
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"Any person may make a complaint relating to this Chapter."
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Section 4. Section 34A-8, entitled"Setbacks; Other Restrictions," of Article I, entitled
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"Restrictions on Cultivation of Medical Marijuana," of the Butte County Code is hereby
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amended to read as follows:
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24 "(a) Each detached structure or outdoor area constituting the single cultivation area in which the
25 marijuana is cultivated shall be set back from the boundaries of the premises as follows:
26 (1) If the premises is one-half(0.5) of an acre in size or less, each detached structure shall b
27 set back at least fifteen (15) feet from all boundaries of the premises, unless the Director of the
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I Department of Development Services or his or her designee reduces or waives this requirement
2 based upon a finding of unusual hardship for that particular parcel to comply with such setback
3 requirements.
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(2) If the premises is greater than one-half(0.5) of an acre in size but less than five (5) acre
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in size, each detached structure or outdoor area constituting the single cultivation area shall b
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set back at least fifty (50) feet from all boundaries of the premises, unless the Director of the
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Department of Development Services or his or her designee reduces or waives this requirement
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9 based upon a finding of unusual hardship for that particular parcel to comply with such setback
10 requirements. Such cultivation area shall be measured from the outer edge of the marijuana plan
11 canopy and not the stalk. Owners of parcels adjacent to such premises shall be notified i
12 writing of any exercise of such discretion under this section.
13 (3) If the premises is equal to or greater than five (5) acres in size but less than ten (10) acre
14 in size, each detached structure or outdoor area constituting the single cultivation area shall b
15 set back at least seventy-five (75) feet from all boundaries of the premises, unless the Director o
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the Department of Development Services or his or her designee reduces or waives this
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requirement based upon a finding of unusual hardship for that particular parcel to comply wit
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such setback requirements. Owners of parcels adjacent to such premises shall be notified i
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writing of any exercise of such discretion under this section.
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21 (4) If the premises is equal to or greater than ten (10) acres in size, each detached structure o
22 outdoor area shall be set back at least one hundred fifty (150) feet from all boundaries of th
23 premises, unless the Director of the Department of Development Services or his or her designee
24 reduces or waives this requirement based upon a finding of unusual hardship for that particular
25 parcel to comply with such setback requirements. Owners of parcels adjacent to such premise
26 shall be notified in writing of any exercise of such discretion under this section.
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1 (5) With respect to subsections 34A-8(a)(2-4), such setback distance shall b
2 measured in a straight line from the building in which the marijuana is cultivated or if the
3 marijuana is cultivated in an outdoor area, from the fence required by section 34A-10, to the
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boundary line of the premises.
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(b) Notwithstanding the requirements of subsection 34A-4(a) above, the cultivation of marijuana,
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whether grown collectively or individually, in any amount or quantity, shall not be allowed in the
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following areas:
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9 (1) Within one thousand (1,000) feet of a youth-oriented facility, a school, a park, or an
10 church or residential treatment facility as defined herein.
11 (2) Within six hundred (600) feet from a school bus stop.
12 (3) Outdoors within one hundred (100) feet of any occupied residential structure locate
13 on a separate legal parcel, provided, however, that any person cultivating pursuant to sectio
14 34A-4(a)(2) shall not grow outdoors within fifty (50) feet of any occupied residential structure
15 located on a separate legal parcel.
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(4) In any location where the marijuana plants are visible from the public right of way o
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publicly traveled privately maintained roads.
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(5) In any location in the following zones:
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(A) Commercial Zones (GC (General Commercial), NC (Neighborhood Commercial),
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21 CC (Community Commercial), REC (Recreation Commercial), SE (Sports and Entertainment),
22 MU (Mixed Use));
23 (B) Industrial Zones (LI (Limited Industrial), GI (General Industrial), HI (Heavy
24 Industrial)); and(C) Special Purpose Zones (PB (Public), AIR (Airport), RBP (Research/Business
25 Park), PD (Planned Development)).
26 (c) The distance between the above-listed uses in Section (b)(1) and marijuana that is being
27 cultivated shall be measured in a straight line from the nearest point of the fence required i
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I section 34A-10, or if the marijuana is cultivated indoors, from the nearest exterior wall of the
2 building in which the marijuana is cultivated to the nearest boundary line of the property o
3 which the facility, building, or structure, or portion of the facility, building, or structure in whic
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the above-listed use occurs is located. The distance in Section (b)(2) shall be measured from the
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fence required in Section 34A-10 to the nearest exterior wall of the residential structure.
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(d) No person owning, leasing, occupying, or having charge or possession of any premise
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within the County shall cause, allow, suffer, or permit such premises to be used for the outdoor
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or indoor cultivation of marijuana plants in violation of this chapter.
10 (e) Persons processing marijuana on the premises shall meet the following requirements:
11 (1) All processing of marijuana shall occur Indoors;
12 (2) Persons may only process marijuana that they themselves have cultivated pursuant to this
13 Chapter; and
14 (3) The setback requirements set out in Section 34A-8(a) for cultivation shall also apply t
15 processing of marijuana."
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Section 5. The County finds that this Chapter is not subject to the California Environmental
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Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct o
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reasonably foreseeable indirect physical change in the environment) and 15061(b)(3) (there is no
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possibility the activity in question may have a significant effect on the environment). In addition
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21 to the foregoing general exemptions, the following categorical exemptions apply: Sections 15308
22 (actions taken as authorized by local ordinance to assure protection of the environment) an
23 15321 (action by agency for enforcement of a law, general rule, standard or objective
24 administered or adopted by the agency, including by direct referral to the County Counsel a
25 appropriate for judicial enforcement).
26 Section 6. If any provision of this Ordinance or the application thereof to any person o
27 circumstances is for any reason held to be invalid by a court of competent jurisdiction, such
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1 provision shall be deemed severable, and the invalidity thereof shall not affect the remaining
2 provisions or other applications of the Ordinance which can be given effect without the invalid
3 provision or application thereof.
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Section 7. This Ordinance shall take effect thirty (30) days after the date of its passage. Th
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Clerk of the Board will publish the Ordinance codified in this Chapter as required by law.
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] PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of
2 California on the I Ith day of February, 2014 by the following vote:
3 AYES: Supervisors Connelly, Wahl, Kirk, Lambert, and Chair Teeter
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NOES: None5
ABSENT: None
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NOT VOTING: None
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Q
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lU �
Doug Teeter, Chair of the
ll Butte ----� Board o[Supervisors
ATTEST:
12 PAUL Uu\uu`` Chief Administrative Officer
and Clerk o[the Board
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By:
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|Y
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