Agenda Item

CITY OF YUBA CITY STAFF REPORT

Date: To: From: Presentation By: Summary Subject:

May 7 2013 Honorable Mayor & Members of the City Council Community Development Department Aaron M. Busch, Director of Community Development

Zoning Code Amendment ZC 13-01 to incorporate the provisions for the cultivation of medical marijuana at private residences into Chapter 5 of Title 8 of the Yuba City Municipal Code. Conduct a public hearing, and after consideration of the Negative Declaration, take the actions recommended by the Planning Commission, which are to: a. Adopt the finding that, following review of the Initial Study/Negative Declaration, the proposed Zoning Code amendment to incorporate provisions that will allow the cultivation of medical marijuana at private residences under specific design criteria and registration requirements has no significant impacts on the environment. b. Adopt the Negative Declaration, which is contained in Exhibit A. c. Adopt the finding that Zoning Code Amendment ZC 13-01 is consistent with the General Plan. d. Introduce an ordinance for approval of Zoning Code Amendment ZC 1301, as shown in Exhibit B, and waive the first reading.

Recommendation:

Fiscal Impact: Background:

None.

The issue of marijuana cultivation was brought before the City Council on August 16, 2011 by concerned residents of Yuba City. A petition was presented at this meeting requesting that the City Council develop an ordinance to ban (prohibit) marijuana cultivation within Yuba City limits. The City Council directed the City Manager to look into the issue of medical marijuana cultivation in some depth with the intent to meet with stakeholders, develop a range of alternatives consistent with

Agenda Item

other jurisdictional ordinances in California, and return to the Council for further discussion and public input. Following that direction, city staff conducted a total of four workshop meetings for purposes of creating an ordinance that would address most of the concerns presented by both sides of this issue. As a result of those workshops, city staff drafted an Ordinance that would allow the cultivation of medical marijuana at private residences under specific design criteria and registration requirements. The proposed Ordinance included restrictions on the following matters: registration requirements; size and location of allowed grow area; security and filtration requirements; setback and buffer requirements. To ensure that the proposed restrictions would be in place prior to the beginning of the planting/growing season for marijuana (typically in April), staff proposed that the new requirements be approved as an Urgency Ordinance. On March 6, 2012, the City Council approved an Urgency Ordinance that enacted new development standards/restrictions for medical marijuana cultivation. In accordance with the provisions of Government Code Section 65858, an Urgency Ordinance is only valid for one year and then the City must pass a new Ordinance to ensure permanency within the Citys municipal code. Now that the Urgency Ordinance has expired, staff is proposing to adopt a new Ordinance that will officially amend the Citys Zoning Ordinance to incorporate the requirements for cultivating medical marijuana at private residences. The proposed Ordinance was reviewed and recommended for approval by the Planning Commission at their April 24, 2013 meeting. Since the adoption of the Urgency Ordinance, City staff has responded to over 40 complaints regarding compliance with the Citys new ordinance. Of those complaints, staff determined that 25 were valid complaints and worked with those residents to ensure compliance with the ordinance. Analysis: The approved Urgency Ordinance created new development standards and restrictions regarding the cultivation of medical marijuana at residentially zoned properties. These new standards were proposed to be incorporated into the Citys Zoning Ordinance as a means of regulating how medical marijuana could be cultivated within the City. The proposed Zoning Code Amendment incorporates these same provisions as permanent provisions within the Citys Zoning Ordinance. The proposed Ordinance is included as Attachment B. As previously noted, this item was presented to the Planning Commission at their April 24, 2013 meeting where they supported the item (by a 5-1-1 vote) and recommended approval to the City Council. As part of their approval however, the Commission expressed several concerns with the concept of medical marijuana cultivation and recommended two edits to the proposed Ordinance. The concerns identified by the Commission included: Does the Ordinance allow residents in multi-family dwellings to cultivate medical marijuana? Requiring a Use Permit for the cultivation of medical marijuana in non-residential zone districts. Concern about disposal of waste bi-products and possible health hazards. Responsibilities and rights between property owner and tenant if there are problems associated with the cultivation of medical marijuana. For the first two items above, staff is recommending some minor edits to the proposed Ordinance which addresses these concerns. The intent of the Ordinance is to only allow cultivation of medical marijuana at single family residences, not at multi-family units in order to avoid conflicts between adjoining residents. The second item is in regard to requiring a Use Permit for any proposal for medical marijuana cultivation on a non-residential zoned property. This refers to when a single

family structure exists on a non-residentially zoned property; a Use Permit would be required. The Commission recommended that if the property is occupied with a single-family residence, it should simply have to comply with the standards and restrictions applied in the Ordinance and not require a Use Permit. Staff concurs with these recommendations and has modified the attached Ordinance accordingly. For the third item above, staff contacted other jurisdictions and the Citys Utilities Departments to determine if there were any known problems associated with the disposal of marijuana waste. The feedback we received was that no one was aware of any issues associated with waste disposal. For the final concern raised by the Commission regarding property owner and tenant rights, staff believes that the proposed Ordinance provides adequate coverage for this subject. The proposed Ordinance requires a tenant to obtain property owner approval to cultivate marijuana on the property as part of the registration process. This requirement ensures that all of the affected parties are fully aware of the plans to cultivate marijuana on the property. If a dispute ensues between the parties after the registration process is completed, then it would be treated as a civil matter between parties and the City would not be involved. With the minor edits included, staff believes that the proposed Ordinance is a very effective tool in addressing the impacts associated with the cultivation of medical marijuana and therefore recommends approval. Environmental Review: A Negative Declaration (Exhibit A) was prepared for the Zoning Code amendment and is attached for Council review and consideration. Staff identified no significant or potentially significant impacts associated with the proposed Zoning Code amendment. The Planning Commission recommended that the City Council adopt the attached Negative Declaration. Fiscal Impact: None. Alternatives: Reject the ordinance or amend the ordinance as deemed appropriate. Recommendation: Conduct a public hearing, and after consideration of the Negative Declaration, take the actions recommended by the Planning Commission, which are to: a) Adopt the finding that, following review of the Initial Study/Negative Declaration, the proposed Zoning Code amendment to incorporate provisions that will allow the cultivation of medical marijuana at private residences under specific design criteria and registration requirements has no significant impacts on the environment Adopt the Negative Declaration, which is contained in Exhibit A. Adopt the finding that Zoning Code Amendment ZC 13-01 is consistent with the General Plan. Introduce an ordinance for approval of Zoning Code Amendment ZC 13-01 as shown on Exhibit B, and waive the first reading.

b) c)

d)

Prepared By:

Submitted By:

/s/ Aaron M. Busch Aaron M. Busch Director of Community Development Reviewed By: Finance City Attorney

/s/ Steven R. Jepsen

Steven R. Jepsen City Manager

RB TH

Attachments: 1. Planning Commission staff report Exhibits: A. Negative Declaration B. Ordinance for ZC 13-01

Exhibit A

City of Yuba City Development Services Planning Division _________________________________________________

1201 Civic Center Blvd. Yuba City, CA 95993 Phone (530) 822-4700

EA 13-03 Initial Study and Negative Declaration for Medical Marijuana Cultivation Zoning Code Amendment ZC 13-01

Prepared for: Yuba City Planning Commission 1201 Civic Center Blvd. Yuba City, CA 95993

Prepared By: City of Yuba City Community Development Planning Division 1201 Civic Center Blvd. Yuba City, CA 95993

April 2, 2013

City of Yuba City Development Services Planning Division ________________________________________________

1201 Civic Center Blvd. Yuba City, CA 95993 Phone (530) 822-4700

Introduction __________________________________________________________________
This Initial Study has been prepared to identify and assess any anticipated environmental impacts resulting from the proposed project which includes the amendment of the Citys Zoning Ordinance to incorporate provisions that will allow the cultivation of medical marijuana at private residences under specific design criteria and registration requirements. The proposed amendment will contain restrictions on the following matters: registration requirements; size and location of allowed grow area; security and filtration requirements; setback and buffer requirements. This document has been prepared to satisfy the California Environmental Quality Act (CEQA) (Pub. Res. Code, Section 21000 et seq.) and the State CEQA Guidelines (Title 14 CCR 15000 et seq.). CEQA requires that all state and local government agencies consider the environmental consequences of projects over which they have discretionary authority before acting on those projects. The initial study is a public document used by the decision-making lead agency to determine whether a project may have a significant effect on the environment. If the lead agency finds substantial evidence that any aspect of the project, either individually or cumulatively, may have a significant effect on the environment, regardless of whether the overall effect of the project is adverse or beneficial, the lead agency is required to use a previously prepared EIR and supplement that EIR, or prepare a subsequent EIR to analyze at hand. If the agency finds no substantial evidence that the project or any of its aspects may cause a significant effect on the environment, a negative declaration shall be prepared. If in the course of the analysis, it is recognized that the project may have a significant impact on the environment, but that with specific recommended mitigation measures, these impacts shall be reduced to less than significant, a mitigated negative declaration shall be prepared. In reviewing the site specific information provided for the above referenced project, the City of Yuba City Planning Division has analyzed the potential environmental impacts created by this project and a negative declaration has been prepared for this project.

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City of Yuba City Development Services Planning Division ________________________________________________

1201 Civic Center Blvd. Yuba City, CA 95993 Phone (530) 822-4700

Notice of Declaration

1.

PROJECT TITLE: Medical Marijuana Cultivation Ordinance

2.

LEAD AGENCY CONTACT PERSON: Aaron Busch, Community Development Director

3.

PROJECT LOCATION: Citywide, Yuba City, CA

4.

ASSESSORS PARCEL NUMBERS: N/A

5.

PROJECT APPLICANT: City of Yuba City 1201 Civic Center Blvd Yuba City, CA 95991

6.

PROPERTY OWNER: N/A

7.

GENERAL PLAN DESIGNATION: Multiple residential properties with various residential land use designations

8.

ZONING DESIGNATION: Multiple residential properties with various residential land use designations

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9.

PROJECT DESCRIPTION:

The proposed project includes the amendment of the Citys Zoning Ordinance to incorporate provisions that will allow the cultivation of medical marijuana at private residences under specific design criteria and registration requirements. The proposed amendment will contain restrictions on the following matters: registration requirements; size and location of allowed grow area; security and filtration requirements; setback and buffer requirements.

10. SURROUNDING LAND USES: N/A

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City of Yuba City Development Services Planning Division _________________________________________________

1201 Civic Center Blvd. Yuba City, CA 95993 Phone (530) 822-4700

Environmental Factors Potentially Affected

______________________________________________________________________________ The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a Potentially Significant Impact as indicated by the checklist on the following pages.
Aesthetics Biological Resources Hazards & Hazardous Materials Mineral Resources Public Services Utilities/Service Systems Agricultural Resources Cultural Resources Hydrology/Water Quality Noise Recreation Mandatory Findings of Significance Air Quality Geology/Soils Land Use/Planning Population/Housing Transportation/Traffic

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City of Yuba City Development Services Planning Division _________________________________________________

1201 Civic Center Blvd. Yuba City, CA 95993 Phone (530) 822-4700

Determination
______________________________________________________________________________ On the basis of this initial evaluation:

I find that the proposed project Could Not have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a potentially significant impact or potentially significant unless mitigated impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the project, nothing further is required.

Written comments shall be submitted no later than 20 days from posting date. Appeal of this determination must be made during the posting period. Submit comments to: Community Development Planning Division 1201 Civic Center Blvd. Yuba City, CA 95993 Initial Study Prepared by: _______________________ Aaron Busch, Community Development Director Yuba City Planning Division

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The public hearing for this item is scheduled for April 24, 2013, at 6:00 P.M. before the Planning Commission and will be held in the City Council Chambers located at 1201 Civic Center Blvd., Yuba City, California. The City Council will act on the project, upon receiving the recommendation of the Planning Commission.

Evaluation of Environmental Impacts:

1) A brief explanation is required for all answers except No Impact answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A No Impact answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A No Impact answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. Potentially Significant Impact is appropriate if there is substantial evidence that an effect may be significant. If there are one or more Potentially Significant Impact entries when the determination is made, an EIR is required. 4) Negative Declaration: Less Than Significant With Mitigation Incorporated applies where the incorporation of mitigation measures has reduced an effect from Potentially Significant Impact to a Less Than Significant Impact. The lead agency must describe the mitigation measures and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Earlier Analysis, as described in (5) below, may be cross referenced). 5) Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are Less than Significant with Mitigation Measures Incorporated, describe the mitigation measures that were incorporated or refined from the earlier document and the extent to which they addressed site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources

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for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion.

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Environmental Impacts and Discussion: The following section presents the initial study checklist recommended by the California Environmental Quality Act (CEQA) to determine potential impacts of a project. Explanations of all answers are provided following each question and mitigation is recommended, as necessary. I. AESTHETICS
Would the project: Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact

No Impact

a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area?

X X X X

Response to Questions: a) There are no officially designated scenic vistas in Yuba City; the project would therefore have no adverse effect on a scenic vista. b) There are no officially designated or eligible scenic highways in Sutter County by which this project would substantially damage a scenic resource. c) The proposed amendment would allow individual residents the opportunity to cultivate medical marijuana within the boundaries of their property under specific conditions. Included in those conditions are the requirements for the medical marijuana to be cultivated inside the residence or within a secured structure that must comply with all current setback and height regulations specified for the subject property within the Citys Zoning Ordinance. As a result of these enclosure requirements, the cultivation of medical marijuana as allowed for by the ordinance would not degrade the existing visual quality of the site or its surroundings. d) Any new lighting proposed for security or other purposes would have to comply with the current regulations for residential lighting as specified in the Citys Zoning Ordinance. As a result, the proposed ordinance will not result in a new source of substantial light or glare that would affect day or nighttime views in the area where the medical marijuana is being cultivated for personal consumption.

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II. AGRICULTURAL RESOURCES In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland.

Would the project:

Potentially Significant Impact

Potentially Significant Unless Mitigation Incorporated

Less Than Significant Impact

No Impact

a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to nonagricultural use? b) Conflict with existing zoning for agricultural use or a Williamson Act contract? c) Involve other changes in the existing environment, which due to their location or nature, could result in conversion of Farmland to non-agricultural use?

X X

Response to Questions: a-c) The proposed amendment only affects single family residential property. The amendment has no impact on land zoned for agricultural, nor is it under a Williamson Act contract.

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III. AIR QUALITY Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.
Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact

Would the project?

No Impact

a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standards or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people?

X X

X X

Response to Questions: a-d) The State of California and the federal government have established ambient air quality standards for numerous pollutants, which are referred to as Criteria Pollutants. These standards are categorized as primary standards, designed to safeguard public health, or as secondary standards, intended to protect crops and to mitigate such effects as visibility reduction, soiling, nuisance, and other forms of damage. Air quality is also regulated through emissions limits for individual sources of criteria pollutants, i.e., ozone (O3), carbon monoxide (CO), nitrogen dioxide (NO2), sulfur dioxide (SO2), suspended particulate matter (PM-10 and PM-2.5), and lead (Pb). Pursuant to the California Clean Air Act of 1998, California has adopted air quality standards for the criteria air pollutants that are generally more stringent than the federal standards, particularly for ozone and PM-10 (particulate matter, less than 10 microns in diameter). Also, the State has adopted ambient air quality standards for some pollutants for which there are no corresponding national standards. Under the California Clean Air Act and amendments to the Federal Clean Air Act, the United States Environmental Protection Agency (EPA) and the State Air Resources Board are required to classify Air Basins, or portions thereof, as either attainment or non-attainment for each criteria air pollutant, based on whether or not the national and state standards have been met. Yuba City is located in the Northern Sacramento Valley Air Basin (NSVAB). The NSVAB consists of the northern half of the Central Valley. Air quality monitoring has been conducted in the NSVAB for the last fifteen years and
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the monitoring results have shown that the principal pollutants of the NSVAB, including Yuba City, are ozone and particulate matter. The Feather River Air Quality Management District (FRAQMD) was created in 1991 to administer local, state, and federal air quality management programs for Yuba and Sutter Counties. The proposed amendment would allow for churches to provide enclosed shelter to citizens seeking shelter from cold weather during the months of December through April. All activities associated with the temporary shelter use would be contained within the enclosed church facilities. No activity would occur outside the facilities that would adversely impact the air quality of the site or its surroundings. e) A primary purpose for the introduction of the proposed ordinance is to control the potential for objectionable odors associated with the cultivation of marijuana. During the cultivation process, marijuana produces extremely pungent odors that can be considered very objectionable to surrounding residents. In addition to the requirement for any medical marijuana to be grown inside the residence or within a secured outdoor structure, the proposed ordinance also requires the use of an approved carbon filtration system. The requirement for a carbon filtration system as part of the cultivation process ensures that the odor produced from maturing marijuana plants is contained within the residence or enclosure. As a result of this requirement, medical marijuana cultivated in compliance with the proposed ordinance will not result in the creation of objectionable odors that affect surrounding properties or a substantial number of people.

IV. BIOLOGICAL RESOURCES

Would the project: Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact

No Impact

a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or

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wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan?

X X

Response to Questions: a-f) The proposed amendment would allow for the cultivation of medical marijuana on private property that has already been developed. All activities associated with the cultivation of medical marijuana would be contained within the boundaries of the required enclosure on private property. As such, no activity would occur that would degrade any biological resources of the site(s) or its surroundings.

V. CULTURAL RESOURCES
Would the project: Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact

No Impact

a) Cause a substantial adverse change in the significance of a historical resource as defined in 15064.5? b) Cause a substantial adverse change in the significance of an archeological resource pursuant to 15064.5? c) Directly or indirectly destroy unique paleontological resources or site or unique geologic features? d) Disturb any human remains, including those interred outside of formal cemeteries?

X X X X

Response to Questions: a-d) The proposed amendment would allow for the cultivation of medical marijuana on private property that has already been developed. All activities associated with the cultivation of medical marijuana would be contained within the boundaries of the required enclosure on private property. As such, no activity would occur that would degrade any cultural resources of the site(s) or its surroundings.

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VI. GEOLOGY AND SOILS

Would the project: Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact

No Impact

a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area, or based on other substantial evidence of a known fault? ii) Strong seismic ground shaking? iii) Seismic-related ground failure, including liquefaction? iv) Landslides? b) Be located on a geological unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? c) Be located on expansive soil, as defined in Table 18- 1-B of the Uniform Building Code (1994), creating substantial risks to life or property? d) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water?

X X X X X

Response to Questions: a-d) The proposed amendment would allow for the cultivation of medical marijuana on private property that has already been developed. All activities associated with the cultivation of medical marijuana would be contained within the boundaries of the required enclosure on private property. As such, no activity would occur that would adversely affect the geology of the site(s) or its surroundings.

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VII. HAZARDS AND HAZARDOUS MATERIALS

Would the project: Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact

No Impact

a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?

X X

Response to Questions: a-g) The proposed amendment would allow for the cultivation of medical marijuana on private property within a secured and enclosed structure. All activities associated with the cultivation of medical marijuana would be contained within the boundaries of the private property and required enclosure. No activity associated with the cultivation of the medical marijuana would expose people to hazardous materials or impair the implementation of an emergency response plan.

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VIII. HYDROLOGY AND WATER QUALITY

Would the project: Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact

No Impact

a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in flooding onor off-site? d) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted water? e) Otherwise substantially degrade water quality? f) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? g) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? h) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam?

X X

X X X X X

Response to Questions: a-h) The proposed amendment would allow for the cultivation of medical marijuana on private property that has already been developed. All activities associated with the cultivation of medical marijuana would be contained within the boundaries of the required enclosure on private property. As a result, the proposed ordinance will not have an impact on the hydrology and water quality of the site(s) or its surroundings.

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IX. LAND USE AND PLANNING

Would the project: Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact

No Impact

a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to, the general plan, specific plan, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan?

Response to Questions: a) The proposed amendment will allow the cultivation of medical marijuana on private property that has already been developed. The provisions of the proposed ordinance do not result in new development that will physically divide an established community. b) The proposed project will not conflict with any applicable land use plan, or regulation of an agency with jurisdiction over the proposed project. The amendment will only apply to existing residential uses that comply with current zoning requirements. c) There are currently no habitat conservation plans or natural community conservations plans within City limits or the Urban Growth Boundary with which the proposed ordinance would conflict.

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X. MINERAL RESOURCES
Would the project: Potentially Significant Impact Potentially Significant Unless Mitigation Incorporation Less Than Significant Impact

No Impact

a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locallyimportant mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan?

X X

Response to Questions: a-b) The proposed project involves the allowance of medical marijuana cultivation on private residential property. No new development (other than a minor accessory building) is proposed and therefore the proposed amendment will not adversely impact mineral resources within the community.

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XI. NOISE
Would the project result in: Potentially Significant Impact Potentially Significant Unless Mitigation Incorporation Less Than Significant Impact

No Impact

a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive ground borne vibration or ground borne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels?

X X X X

Response to Questions: a-f) The proposed project involves the allowance of medical marijuana cultivation on private residential property. No new development (other than a minor accessory building) is proposed and therefore the proposed amendment will not adversely expose people to temporary or permanent noise impacts.

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XII. POPULATION AND HOUSING

Would the project: Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact

No Impact

a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere?

X X

Response to Questions: a-c) This project will not adversely affect housing nor will it induce substantial population growth or result in the displacement of affordable housing units.

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XIII. PUBLIC SERVICES

Would the project: Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact

No Impact

a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: i) Fire protection? ii) Police protection? iii) Schools? iv) Parks? v) Other public facilities?

X X X X X

Response to Questions: ai-ii) The proposed project involves the allowance of medical marijuana cultivation on private residential property. No new development (other than a minor accessory building) is proposed and therefore the proposed amendment will not result in any additional need for police or fire protection. aiii) This project will not result in any additional need for educational government services. aiv-v) This project will not result in any additional need for parks or other public facilities.

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XIV. RECREATION
Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact

No Impact

a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment?

Response to Questions:

a-b) The proposed project will not increase the use of existing parks such that substantial physical deterioration of the facilities would occur. The proposed project does not include, nor does it require the construction or expansion of recreational facilities.

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XV. TRANSPORTATION/TRAFFIC
Would the project: Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact

No Impact

a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? c) Result in inadequate emergency access? d) Result in inadequate parking capacity? e) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)?

X X X X

Response to Questions: a-e) The proposed project involves the cultivation of medical marijuana on private property that has already been developed. All activities associated with the cultivation of medical marijuana would be contained within the boundaries of the private property. No new development is proposed and therefore the proposed amendment will not adversely impact transportation or traffic within the community

Page 23 of 31

XVI. UTILITIES AND SERVICE SYSTEMS

Would the project: Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact

No Impact

a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the projects projected demand in addition to the providers existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the projects solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste?

X X

Response to Questions: a-g) The proposed project involves the allowance of medical marijuana cultivation on private residential property. No new development (other than a minor accessory building) is proposed and therefore the proposed amendment will not adversely impact existing or planned utilities and service systems.

Page 24 of 31

XVII. MANDATORY FINDINGS OF SIGNIFICANCE

Does the Project: Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact

No Impact

a) Have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important example of the major periods of California history or prehistory? b) Have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects) c) Have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly?

a) The proposed project will not degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate an important example of the major periods of California history or prehistory. b) The project does not create a situation with limited individual but cumulatively considerable impacts. c) The outdoor cultivation of medical marijuana could create adverse impacts, either directly or indirectly, to residents in the project area. The proposed ordinance would require all medical marijuana cultivation to occur within the residence or within an enclosed secured structure on the subject property. These mitigation measures will reduce potential impacts associated with medical marijuana cultivation to an acceptable level.

Page 25 of 31

Exhibit B ORDINANCE NO. _______

AN ORDINANCE OF THE CITY OF YUBA CITY ENACTING DEVELOPMENT STANDARDS/RESTRICTIONS FOR MEDICAL MARIJUANA CULTIVATION.

THE CITY COUNCIL OF THE CITY OF YUBA CITY DOES ORDAIN AS FOLLOWS: WHEREAS, California Government Code, Section 65850 (a) and (c) (4) provides the authority for the City of Yuba City to regulate, by ordinance, the uses of land and the intensity of land use; and WHEREAS, the City of Yuba Citys land use regulations in its Municipal Code do not currently permit the cultivation of marijuana for any purposes; and WHEREAS, the State of California approved Proposition 215 "The Compassionate Use Act of 1996" (Health and Safety Code Section 11362.5), which provided certain criminal defenses to the cultivation, possession and use of marijuana by persons who are in need of marijuana for medical purposes; and WHEREAS, the State also enacted SB 420 in 2004 (Health and Safety Code Section 11362.7 et seq.) to clarify the scope of The Compassionate Use Act to allow local governing bodies to adopt and enforce rules and regulations consistent with SB 420; and WHEREAS, under the Controlled Substances Act, the use, possession and cultivation of medicinal marijuana are unlawful and subject to federal prosecution without regard to a claimed medical need; and WHEREAS, marijuana plants, as they begin to flower and for a period of two months or more during the growing season (August through October for outdoor cultivation), produce an extremely strong odor, offensive to many people, and detectable far beyond property boundaries; and WHEREAS, the City has continually received complaints of odor related to the growing of medicinal marijuana; and WHEREAS, in the case of multiple qualified patients who are in control of the same legal parcel, or parcels, of property, or in the case of a caregiver growing for numerous patients, a very large number of plants could be grown on the same legal parcel, or parcels, within the City of Yuba City; and WHEREAS, the possession and cultivation of large quantities of marijuana has resulted in the armed robberies of residents living in nearby communities and residential

areas in Yuba City; and WHEREAS, the strong smell of marijuana creates an attractive nuisance, alerting persons to the location of the valuable plants, and creating a risk of burglary, robbery or armed robbery; and WHEREAS, it is the purpose and intent of this ordinance to implement state law by providing a means for regulating the cultivation of medicinal marijuana in a manner that is consistent with state law and balances the needs of medical patients and their caregivers and promotes the health, safety, morals and general welfare of the residents and businesses within the City of Yuba City. Nothing in this ordinance shall be constructed to allow the use of marijuana (cannabis) for non-medical purposes, or allow any activity relating to the cultivation, distribution, or consumption of marijuana that is otherwise illegal; and WHEREAS, the potential adverse secondary effects of allowing the cultivation of medical marijuana presents a clear and present danger to the immediate preservation of the public peace, health, and safety of the community because currently the City has no rules or regulations governing the cultivation of medical marijuana; and WHEREAS, it is the purpose and intent of this ordinance is to ensure that marijuana grown for medical purposes remains secure and does not find its way to nonpatients or illicit markets; and WHEREAS, it is the purpose and intent of this ordinance to help law enforcement agencies perform their duties effectively and in accordance with California law; and WHEREAS, the cultivation of marijuana within a residence has potential adverse effects to the structural integrity of the residence and the use of high wattage grow lights within a residence increases the chances of a fire which presents a clear and present danger to the occupants; and WHEREAS, The indoor cultivation of substantial amounts of marijuana also requires excessive use of electricity, which often creates an unreasonable risk of fire from the electrical grow lighting systems used in indoor cultivation; and WHEREAS, Areas surrounding schools attract large numbers of juveniles and the cultivation of any amount of marijuana at locations or premises within 1,000 feet of a school makes the site vulnerable to theft or recreational consumption by juveniles. Further, the potential for criminal activities associated with marijuana cultivation in such locations poses heightened risks that juveniles will be involved or endangered. Therefore, cultivation of any amount of marijuana in such locations or premises is especially hazardous to public safety and welfare, and to the protection of children and the person(s) cultivating the marijuana plants; and WHEREAS, The Attorney General's August 2008 Guidelines for the Security and

Non-Diversion of Marijuana Grown for Medical Use recognizes that the cultivation or other concentration of marijuana in any location or premises without adequate security increases the risk that surrounding homes or businesses may be negatively impacted by nuisance activity such as loitering or crime. WHEREAS, pursuant to Section 65858 of the California Government Code, to protect the public safety, health, and welfare, the City Council adopt as an urgency ordinance on March 6, 2012 to implement new development standards and restrictions relating to the cultivation of medical marijuana; and, WHEREAS, the City Council of the City of Yuba City no wishes to implement permanent development standards and restrictions for the cultivation of medical marijuana to ensure compatibility between this use and surrounding properties within the city so that the public health, safety, or welfare, is protected, and the market values and aesthetic and visual qualities of the city are protected from impairment. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF YUBA CITY DOES ORDAIN AS FOLLOWS:

Section 1: Article 54, Chapter 5, Title 8 Medical Marijuana Cultivation is hereby added to the Yuba City Municipal Code to incorporate the following provisions: CHAPTER 5 TITLE 8 ARTICLE 54 MEDICAL MARIJUANA CULTIVATION Sections: 8-5.5405 8-5.5410 8-5.5415 8-5.5420 8-5.5425 8-5.5430 8-5.5435

Purpose and Intent Definitions Cultivation of Medical Marijuana Regulations Cultivation Registration Violation Enforcement Remedies and penalties not exclusive

8-5.5405 Purpose and Intent It is the purpose and intent of this Article to require that medical marijuana be cultivated only in appropriately secured, enclosed, and ventilated structures, so as not to be visible to the general public, to provide for the health, safety and welfare of the public, to prevent odor created by marijuana plants from impacting adjacent properties, and to ensure that marijuana grown for medical purposes remains secure and does not find its way to non-patients or illicit markets. Nothing in this chapter is intended to impair any viable legal defense available to a person using or in possession of medical marijuana pursuant to the Compassionate Use Act (Health and Safety Code Section 11362.5) or

the Medical Marijuana Program Act (Health and Safety Code Section 11362.7 et. seq.) Nothing in this chapter is intended to authorize the cultivation, possession, or use of marijuana for non-medical purposes in violation of state or federal law. 8-5.5410 Definitions For the purposes of this Article, the following definitions shall apply, unless the context clearly indicates otherwise. If a word is not defined in this chapter, the common and ordinary meaning of the word shall apply. A. Reserved for future use. B. B Definitions. 1. Bedroom: A room inside a residential building being utilized by any person for sleeping purposes. C. C Definitions. 1. Child Care Center: Any licensed child care center, daycare center, or childcare home, or any preschool. 2. Cultivation: The planting, growing, harvesting, drying, or processing of marijuana plants or any part thereof for medical use consistent with the Compassionate Use Act (Health and Safety Code Section 11362.5) or the Medical Marijuana Program Act (Health and Safety Code Section 11362.7 et. seq.). D. D Definitions. 1. Detached, fully-enclosed and secure structure: A building completely detached from a residence that complies with the Yuba City Building/Zoning Code and has a complete roof enclosure supported by connecting walls extending from the ground to the roof, a foundation, slab or equivalent base to which the floor is secured by bolts or similar attachments, is secure against unauthorized entry, and is accessible only through one or more lockable doors. E. Reserved for future use. F. Reserved for future use. G. Reserved for future use. H. Reserved for future use. I. I Definitions. 1. Indoors: Within a fully enclosed and secure building. J. Reserved for future use. K. Reserved for future use. L. L Definitions. 1. Legal parcel: Any parcel of real property that may be separately sold in compliance with the Subdivision Map Act (Govt Code 66410 et. seq.). M. Reserved for future use. N. Reserved for future use. O. O Definitions. 1. Outdoor: Any location within the City that is not within a fully enclosed and secure structure. P. P Definitions. 1. Premises: A single, legal parcel of property. Where contiguous legal parcels

are under common ownership or control, such contiguous legal parcels shall constitute a single premises for purposes of this chapter. 2. Primary caregiver: A primary caregiver as defined in Health and Safety Code section 11362.7(d). Q. Q Definitions. 1. Qualified patient: A qualified patient as defined in Health and Safety Code section 11362.7(f). R. R Definitions. 1. Rear yard: The rear open space portion of any premises, whether fenced or unfenced. 2. Residential structure: Any building or portion thereof legally existing which contains living facilities, including provisions for sleeping, eating, cooking and sanitation on a premises or legal parcel located within a residential or agricultural-residential zoning district. S. S Definitions. 1. School: An institution of learning for persons under twenty-one (21) years of age, whether public or private, offering regular course of instruction including, without limitation, a kindergarten, elementary school, middle or junior high school, or senior high school. 2. Solid fence: A fence constructed of substantial material (such as wood) that prevents viewing the contents from one side to the other. T. Reserved for future use. U. Reserved for future use. V. Reserved for future use. W. Reserved for future use. X. Reserved for future use. Y. Reserved for future use. Z. Reserved for future use. 8-5.5415 Cultivation of Medical Marijuana Regulations The following regulations shall apply to the cultivation of medical marijuana within the City. A. No person other than a qualified patient or primary caregiver may engage in cultivation of medical marijuana. It is hereby declared to be unlawful and a public nuisance for any person or persons owning, leasing, occupying, or having charge or possession of any legal parcel or premises within any zoning district in the City to cultivate medical marijuana. B. Residency Requirement. Either a qualified patient or primary caregiver shall reside full-time on the premises where the marijuana cultivation occurs. Cultivation of medical marijuana is only allowed on single-family residential properties and is not allowed on properties with more than one unit (e.g. duplex, apartment building). C. Outdoor Cultivation. It is unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any legal parcel or premises

within any zoning district in the City to cause or allow such parcel or premises to be used for the outdoor cultivation of marijuana plants. D. Residential Structure Cultivation. It is unlawful and a public nuisance for any person to cultivate medical marijuana inside any residential structure or building without registering with the city for medical marijuana cultivation; issued by the City Manager or his or her designee, as provided herein. E. Cultivation in Non-Residential Zones. Cultivation of medical marijuana is prohibited in all agricultural (except agricultural-residential), commercial, office, industrial, open space, special purpose, and overlay/combining zoning districts unless a single-family residential structure currently exists on the subject property, in which case cultivation is allowed, subject to compliance with the terms and requirements contained herein. F. Proximity to Schools, Child Care Centers, and Parks. It is unlawful and a public nuisance to cultivate medical marijuana on any legal parcel or premises within seven hundred (700 00) feet of any school, or three hundred fifty (350 00) feet from any child care center, or public park. The required buffer shall be measured from the closest property line of the school, child care center, or park to the closest property line of the cultivation parcel. G. Indoor Cultivation in Residential Zones. The indoor cultivation of medical marijuana in a residential zone shall only be conducted within a detached, fullyenclosed and secure structure or within a residential structure conforming to the following minimum standards: 1. The registration of any detached structure, regardless of square footage, constructed, altered or used for the cultivation of medical marijuana must be issued by the Community Development Director. 2. Indoor grow lights shall not exceed one thousand two hundred (1,200 W) watts and shall comply with the California Building, Electrical and Fire Codes as adopted by the City. Gas products (including, without limitation, CO2, butane, propane, and natural gas), or generators shall not be used within any detached structure used for the cultivation of medical marijuana. 3. Any detached, fully-enclosed and secure structure or residential structure used for the cultivation of medical marijuana must have a ventilation and filtration system installed that shall prevent marijuana plant odors from exiting the interior of the structure and that shall comply with the California Building Code Section 402.3 Mechanical Ventilation. The ventilation and filtration system must be approved by the Building Official and installed prior to commencing cultivation within the detached, fully-enclosed and secure structure or residential structure.

4. A detached, fully-enclosed and secure structure used for the cultivation of marijuana shall be located in the rear yard area of a legal parcel or premises, maintain a minimum ten (10 00) foot setback from the rear yard property line and a side yard setback that is equal to the same side yard setback required for the residential lot on which the home sits, and the area surrounding the structure or back yard must be enclosed by a solid fence at least six (6 00) feet in height. 5. Marijuana cultivation occurring within a residence and detached structure shall be in a cumulative area totaling no larger than seventy-five (75) square feet, regardless of how many qualified patients or primary caregivers are residing at the premises. 6. Cultivation of marijuana shall not inhibit the occupancy of the residence or take place in the kitchen or bathrooms of any building. 7. Cultivation of marijuana shall not take place on any carpeted surface. 8. Medical marijuana cultivation for sale is prohibited. 9. Medical marijuana cultivation may occur in a detached structure and/or inside a residence on the same parcel but shall not exceed a cumulative marijuana growing area of seventy-five (75) square feet total. 10. Medical marijuana cultivation areas, whether in a detached building or inside a residence, shall not be conducted by or be accessible to persons under eighteen (18) years of age. 11. From a public right of way, there shall be no exterior evidence of medical marijuana cultivation occurring at the property. H. Cultivation of marijuana in non-residential zones: Cultivation of medical marijuana on any parcel that is not zoned residential must obtain a conditional use permit approved by the Yuba City Planning Commission prior to the commencement of cultivation. 8-5.5420 Cultivation Registration A. Prior to commencing any medical marijuana cultivation the person(s) owning, leasing, occupying, or having charge or possession of any legal parcel or premises where medical marijuana cultivation is proposed to occur must be registered with the city for medical marijuana cultivation from the Community Development Director or his/her designee. The following information will be required with the initial registration application and subsequent extensions: 1. The owner of the property acknowledges the cultivation of marijuana at the premises on a form provided by the City. 2. The name of each person, owning, leasing, occupying, or having charge of any legal parcel or premises where medical marijuana will be cultivated.

3. The name of each qualified patient or primary caregiver who participates in the medical marijuana cultivation. 4. A copy of a current valid medical recommendation or county issued medical marijuana card (if available) for each qualified patient identified as required above, and for each qualified patient for whom any person identified as required above is the primary caregiver. 5. The physical site address of where the marijuana will be cultivated and a description of the growing area(s). 6. A signed consent right to entry form, acceptable to the City, authorizing City staff, including the police/planning department, authority to conduct an inspection of the detached, fully enclosed and secure structure or area of the residence used for the cultivation of marijuana upon twenty-four (24) hours notice. B. The initial registration shall be valid for no more than two (2) years and may be extended in increments of two (2) years. C. To the extent permitted by law, any personal or medical information submitted for medical marijuana cultivation registration or extension shall be kept confidential and shall only be used for purposes of administering this chapter. D. The Community Development Director, or his/her designee, may, in his or her discretion deny any application for a medical marijuana cultivation registration, or extension thereof, where he or she finds, based on articulated facts, that the issuance of such registration, or extension thereof, would be detrimental to the public health, safety, or welfare. The Community Development Director shall deny the registration for a medical marijuana cultivation, or extension thereof, that does not demonstrate satisfaction of the minimum requirements of this Chapter. The denial of any registration, or extension, may within 10 days after such action, be appealed to the City Manager or his/her designee. Said appeal shall be filed with the City Clerk. E. The Finance Director may establish a fee or fees required to be paid upon filing of registration(s) as provided by this chapter, which fees shall not exceed the reasonable cost of administering this chapter. 8-5.5425 Violation Cultivation of marijuana that does not comply with this Article constitutes a violation of this Article and is subject to the civil penalties and enforcement as provided in this Article.

8-5.5430 Enforcement A. Public Nuisance. The violation of this Article is hereby declared to be a public nuisance.

B. Abatement. A violation of this Article may be abated by the city attorney by the prosecution of a civil action for injunctive relief and by the summary abatement procedure set forth in subsection C of this section. C. Summary Abatement Procedure. 1. The enforcement official is hereby authorized to order the abatement of any violation of this Article by issuing a notice and order to abate which shall: a. Describe the location of and the specific conditions which represent a violation of this Article and the actions required to abate the violation. b. Describe the evidence relied upon to determine that a violation exists, provided that the enforcement official may withhold the identity of a witness to protect the witness from injury or harassment, if such action is reasonable under the circumstances. c. State the date and time by which the required abatement actions must be completed. d. State that to avoid the civil penalty provided in subsection C.4. of this section and further enforcement action, the enforcement official must receive consent to inspect the premises where the violation exists to verify that the violation has been abated by the established deadline. e. State that the owner or occupant of the property where the violation is located has a right to appeal the notice to abate by filing a written notice of appeal with the city clerk no later than five business days from the service of the notice. The notice of appeal must include an address, telephone number, fax number, if available, and e-mail address, if available. The city may rely on any of these for service or notice purposes. If an adequate written appeal is timely filed, the owner or occupant will be entitled to a hearing as provided in subsection C.3. of this section. f. State that the order to abate the violation becomes final if a timely appeal is not filed or upon the issuance of a written decision after the appeal hearing is conducted in accordance with subsection C.3 of this section. g. State that a final order of abatement may be enforced by application to the superior court for an inspection and/or abatement warrant or other court order. h. State that a final order to abate the nuisance will subject the property owner and the occupant to a civil penalty of five hundred dollars for each day that the violation continues after the date by which the violation must be abated as specified in the notice and order to abate. The penalty may be recovered through an ordinary civil action, or in connection with an application for an inspection or nuisance abatement warrant. 2. The notice described in subsection C.1 of this section shall be served in the same manner as a summons in a civil action in accordance with article 3 (commencing with section 415.10) of chapter 4 of title 5 of part 2 of the Code of Civil Procedure, or by certified mail, return receipt requested, at the option of the city. If the owner of record, after diligent search cannot be found, the notice may be served by posting a copy

thereof in a conspicuous place upon the property for a period of not less than ten days and publication thereof in a newspaper of general circulation pursuant to Government Code section 6062. 3. Not sooner than five business days after a notice of appeal is filed with the city clerk, a hearing shall be held before the city manager or a hearing officer designated by the city manager to hear such appeals. The appellant shall be given notice of the date, time and place of the hearing not less than five days in advance. The notice may be given by telephone, fax, e-mail, personal service or posting on the property. At the hearing, the enforcement official shall present evidence of the violation, which may include, but is not limited to, incident and police reports, witness statements, photographs, and the testimony of witnesses. The property owner and the occupant of the property where the violation is alleged to exist shall have the right to present evidence and argument in their behalf and to examine and cross examine witnesses. The property owner and property occupant are entitled at their own expense to representation of their choice. At the conclusion of the hearing, the city manager or hearing officer shall render a written decision which may be served by regular first class mail on the appellants. 4. A final notice and order to abate the nuisance will subject the property owner or owners and any occupant or occupants of the property who are cultivating marijuana in violation of this Article to a civil penalty of five hundred dollars for each day that the violation continues after the date by which the violation must be abated as specified in the final notice and order to abate. 5. The enforcement official or the city manager or hearing officer hearing an appeal pursuant to subsection C.3. of this section may reduce the daily rate of the civil penalty for good cause. The party subject to the civil penalty shall have the burden of establishing good cause, which may include, but is not limited to, a consideration of the nature and severity of the violation, whether it is a repeat offense, the public nuisance impacts caused by the violation, and the violator's ability to pay. The daily penalty shall continue until the violation is abated. The penalty may be recovered through an ordinary civil action, or in connection with an application for an inspection or nuisance abatement warrant. 8-5.5430 Remedies and penalties not exclusive. The remedies and penalties provided herein are cumulative, alternative and nonexclusive. The use of one does not prevent the use of any other civil, or administrative remedy or penalty authorized by, or set forth in, the Yuba City Municipal Code. None of the penalties or remedies authorized by, or set forth in the Yuba City Municipal Code shall prevent the city from using any other penalty or remedy under state statute which may be available to enforce this Article or to abate a public nuisance. Section 5: Severability The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections,

sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 6: Effective Date This Ordinance shall become effective 30 days after its adoption and within fifteen (15) days of the passage of this ordinance, a copy shall be published once in the Appeal Democrat, a newspaper of general circulation in the City of Yuba City

Pass and adopted this day of, 2013, by the following vote: AYES: NOES: ABSENT: ABSTAIN:

___________________ John Buckland, Mayor Attest: ____________________ Terrell Locke, City Clerk

Approved as to form: ____________________ Tim Hayes, City Attorney