Preview
Steven G. Churchwell (SBN 110346) Filing Fee Exempt
Douglas L. White (SBN 206705) (Gov. Code § 6103)
Nubia I. Goldstein (SBN 272305)
E-FILED
J. Scott Miller (SBN 256476)
5/13/2020 10:54 AM
CHURCHWELL WHITE LLP Superior Court of California
1414 K Street, 3rd Floor County of Fresno
Sacramento, CA 95814 By: Louana Peterson, Deputy
(916) 468-0950 Phone
(916) 468-0951 Fax
steve@churchwellwhite.com
Todd Noonan (SBN 172962)
NOONAN LAW GROUP
980 9th Street, 16th Floor
Sacramento, California 95814
(916) 449-9541 Phone
Todd@noonanlawgroup.com
10
11 Attorneys for Plaintiffs
COUNTY OF SANTA CRUZ, et al
12
SUPERIOR COURT OF THE STATE OF CALIFORNIA
13
COUNTY OF FRESNO
14
15 COUNTY OF SANTA CRUZ; CITY OF Case No.: 19CECG01224
AGOURA HILLS; CITY OF ANGELS CAMP;
16 CITY OF ARCADIA; CITY OF ATWATER;
CITY OF BEVERLY HILLS; CITY OF CERES;
17 CITY OF CLOVIS; CITY OF COVINA; CITY REQUEST FOR JUDICIAL NOTICE,
OF DIXON; CITY OF DOWNEY; CITY OF EXHIBITS VOLUME 5 (EXHIBITS 26-30)
18 MCFARLAND; CITY OF NEWMAN; CITY OF
OAKDALE; CITY OF PALMDALE; CITY OF
19 PATTERSON; CITY OF RIVERBANK; CITY
OF RIVERSIDE; CITY OF SAN PABLO; CITY Complaint filed: April 4, 2019
20 OF SONORA; CITY OF TEHACHAPI; CITY Trial Date: July 16, 2020
OF TEMECULA; CITY OF TRACY; CITY OF
21 TURLOCK; and CITY OF VACAVILLE, Assigned for all purposes to Judge Rosemary
McGuire, Department 403.
22 Plaintiffs,
23 Vv.
24 BUREAU OF CANNABIS CONTROL; LORI
AJAX, in her official capacity as Chief of the
25 Bureau of Cannabis Control; and DOES 1
through 10, inclusive,
26
Defendants.
27
28
1
Churchwell White Request for Judicial Notice
10
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13
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17
18
19
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EXHIBIT 26
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Churchwell White EXHIBIT
ORDINANCE NO. 7431
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RIVERSIDE, CALIFORNIA, AMENDING VARIOUS CHAPTERS OF
TITLE 19 OF THE RIVERSIDE MUNICIPAL CODE PROHIBITING ALL
MARIJUANA USES AND ACTIVITIES.
WHEREAS, in September of 2015, the Governor signed into law the Medical Cannabis
Regulations and Safety Act (“MCRSA”) which established regulations of medical cannabis
cultivation, manufacturing and transportation, as well as created local and State-level licensing
systems in California; and
WHEREAS, MCRSA allows a city to prohibit, through land use regulation or ordinances, the
10 cultivating, delivering, distributing, selling or processing of medical marijuana; and
1 WHEREAS, on November 8, 2016, the voters of the State of California (“State”) enacted
12 Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act (‘AUMA”); and
13 WHEREAS, subject to certain exceptions, AUMA generally establishes a comprehensive
14 system to legalize, control, and regulate the cultivation, processing, manufacture, distribution,
15 testing, and sale of recreational marijuana, including marijuana products, for use by adults twenty-
16 one (21) years and older, and to tax the commercial growth and retail sale of marijuana; and
17 WHEREAS, AUMA also allows local governments to adopt and enforce local ordinances
18 regulating marijuana related land uses, as well as the possession, planting, cultivation, harvesting,
19 testing, drying, and processing of marijuana, including the complete prohibition of such activities;
20 and
21 WHEREAS, on June 27, 2017, the Governor signed SB 94 into law, creating the Medicinal and
22 Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”), which effectively repealed MCRSA
23 and incorporated certain provisions of MCRSA in the licensing provisions of AUMA, thus integrating
the rules for both medicinal cannabis (MCRSA) and adult use of marijuana (AUMA); and
WHEREAS, under MAUCRSA, the City continues to be able to regulate marijuana related land
uses, as well as the possession, planting, cultivation, harvesting, testing, drying, and processing of
27 marijuana, including the complete prohibition of such activities; and
Crry ATTORNEY'S OFFICE
‘3750 UnIvenstry AVE, STE. 250
Bavessine, CA $2501
(951) RIB SSAT
WHEREAS, significant concerns have been raised regarding the impacts that possessing,
planting, cultivating, harvesting, drying, processing, distributing, transporting, storing,
manufacturing, and selling of marijuana (hereinafter “marijuana activities”) will have on the public
health, safety, and welfare in the City, including the protection of environmental resources and
neighborhood quality; and
WHEREAS, the cultivation of marijuana poses an environmental health risk to the public
and creates a public nuisance, including without limitation: offensive and irritating odor,
degradation of air quality, excessive noise, risk of criminal activity, improper and/or dangerous
9 electrical alterations, and impairment of the general quality of life of property owners and
10 occupants adjoining marijuana cultivation sites; and
1 WHEREAS, the City has a compelling interest in protecting the public health, safety, and
12 welfare of its residents and businesses, and preserving the peace and integrity of neighborhoods
13 within the City; and
14
WHEREAS, the City Council now desires to prohibit all marijuana uses and activities in the
15 City as it relates to personal and medical.
16 The City Council of the City of Riverside does ordain as follows:
17 Section 1, Incorporation of Recitals.
18 The above recitals are hereby declared to be true and correct and represent the findings of the
19 City Council, made in the exercise of its independent judgment and that based on the above recitals,
20 there is an immediate threat to the public health, safety and welfare. The adoption of this ordinance
21 is necessary for the immediate protection of the public health, safety and welfare. Said findings are
22 hereby incorporated by reference and made a part of this ordinance.
23 Section 2. Section 19.147.025 of the Riverside Municipal Code is hereby amended to read
24 as follows:
25 “19,147,025 Prohibited Uses.
26 Any use which is listed as prohibited in the adopted Downtown Specific Plan or prohibited by
27 state and/or federal law is strictly prohibited. Commercial marijuana cultivation, manufacturing,
28 distribution, or sale is also strictly prohibited.”
CITY ATIORNEY'S OFFICE
3750 UNIVERSITY
AVE, STE. 250
‘RIVERSIDE,
CA $2501
(981) 826-5567
Section3, Section 19.150.020(A) of the Riverside Municipal Code is hereby amended as
shown on Exhibit “A,” attached hereto and incorporated by reference.
Section 4. Section 19.220 of the Riverside Municipal Code is hereby amended to read as
follows:
19.220.020 Permitted Land Uses and Development Standards.
For those properties where the Specific Plan Overlay Zone is applied, all permitted use
restrictions, development standards, and other applicable standards or regulations governing
development as contained within the adopted specific plan shall apply. To the extent that the specific
plan does not enumerate use restrictions, development standards, or other applicable regulations, the
10 standards associated with the underlying base zone shall apply. In the event that provisions of the
11 adopted specific plan conflict with or do not correspond with the provisions of the underlying base
12 zone, the provisions as contained in the adopted specific plan shall apply and supersede the underlying
13 base zone requirements, with the exception of marijuana-related uses which shall be exclusively
14 regulated by the underlying zone and are specifically prohibited. Specific Plans shall be prepared and
15 processed to Chapter 19.820 (Specific Plan/Specific Plan Amendments).”
16 Section 5. Chapter 19.342 of the Riverside Municipal Code is hereby repeated in its
17 entirety and replaced with the following:
18 “Chapter 19.342
19 MARIJUANA USES AND ACTIVITIES
20 19.342.010 Purpose
19.342.020 Prohibition
21 19.342.030 Cultivation
19,342,040 Personal Use
22 19.342.050 Medical Use
19,342,060 Public Nuisance
19.342.070 Penalties
19.342.080 Severability
19.342.010 Purpose
The City Council finds that prohibitions on all commercial and non-commercial
27
marijuana processing, delivery, cultivation, sale and distribution are necessary for the preservation and
28
protection of the public health, safety and welfare for the City and its residents.
Cire ATTORNEY'S OrRCE
UNIVERSITY AVE., STE 250
RIVERSIDE,CA 92501 3
(951) B6-S867
19.342.020 Prohibition
A. All marijuana cultivation, processing, delivery, sales and dispensaries, or any similar
use, shall be prohibited activities in all zones and all specific plan areas in the City. No use permit,
variance, building permit, or any other entitlement, license, or permit, whether administrative or
discretionary, shall be approved or issued for the activities of marijuana cultivation, processing,
delivery, sales, the establishment or operation of a marijuana dispensary or retail store, or any similar
use, in the City, and no person shall otherwise establish or conduct such activities in the City.
B This section is meant to prohibit all activities for which a State license is required.
Accordingly, the City shall not issue any permit, license, except for testing laboratories, or other
10 entitlement for any activity for which a State license is required under the Medicinal and Adult Use
ll Cannabis Regulation and Safety Act.
12 c. Except as set forth in section 19.342,040 below, cultivation of marijuana for medical
13 purposes, including cultivation by a qualified patient or a primary caregiver, is expressly prohibited in
14 all zones and all specific plan areas in the City. No person, including a qualified patient or primary
15 caregiver, shall cultivate any amount of marijuana in the City, even for medical purposes.
16 19.342.030 Cultivation
17 A Qutdoor. No individual or entity may plant, cultivate, harvest, dry, or process
18 marijuana plants outdoors in any zone or specific plan area of the City. No use permit, building permit,
19 variance, or any other permit or entitlement, whether administrative or discretionary, shall be approved
20 or issued for any such use or activity.
21 B Indoor. No individual or entity may plant, cultivate, harvest, dry, or process marijuana
22 plants inside a private residence, or inside an accessory structure to a private residence located upon
the grounds of a private residence, in excess of the limitations imposed by California Health and Safety
Code section 11362.2. No individual or entity may plant, cultivate, harvest, dry, or process marijuana
25 plants inside any enclosed structure within any zone or specific plan area of the City which is not
26 either a private residence or an accessory structure to a private residence located upon the grounds of
27 a private residence.
28 19.342.040 Personal Use
City ATToaNEY's OmicE
_S7S0 UNIVERSITY
AVE, STE. 250
RIVERSIDE,
CA 92501
(951) 826-5567
Pursuant to California Health and Safety Code sections 11362.1 and 11362.2, an individual
may cultivate marijuana for personal use only within a residential structure or other fully enclosed and
locked accessory structure located entirely on residential property owned or legally possessed by him
or her, pursuant to the following regulations:
A The cultivation of marijuana may take place only inside a lawfully existing and fully
enclosed and secure private residence, or inside a lawfully existing and fully enclosed and secure
accessory structure to a private residence that is located on the same parcel as the private residence.
No cultivation shall occur outside of a fully enclosed structure.
B. The primary use of the property shall be for a residence and cultivation is to be
10 considered an incidental use.
11 Cc. All areas used for cultivation of marijuana shal] comply with all Buildings Codes and
12 Regulations of the Riverside Municipal Code and the State of California, as well as all other applicable
13 laws.
14 D. Indoor grow lights are not allowed in any structure used for human habitation. Indoor
15 grow lights in any other structure shall not exceed 1,000 watts per light, and shall comply with the
16 California Building, Electrical and Fire Codes as adopted by the City.
17 E. The use of gas products or volatile solvents, or dangerous poisons, toxins or
18 carcinogens (including but not limited to CO 2, butane, propane, natural gas, xylene, styrene, gasoline,
19 kerosene, 02 H2, methanol, iso-propyl alcohol, methylene chloride, acetone, benzene, toluene, and
20 trichloro-ethylene,) or generators for cultivation of marijuana is prohibited.
21 F. Any structure used for the cultivation of marijuana must have a ventilation and filtration
system installed that shall prevent marijuana plant odors from exiting the interior of the structure and
23 designed to prevent mold and moisture and otherwise protect the health and safety of persons residing
in the residence and cultivating the marijuana. This ventilation shall at a minimum consist of a system.
25 meeting the requizements of the current, adopted edition of the California Building Code section
26 1203.4 (Natural Ventilation) or section 402.3 (Mechanical Ventilation), or their equivalent(s).
27 G. Any accessory structure used for the cultivation of marijuana shall be located in the
28 rear yard area of the parcel or premises and must maintain a minimum setback equal to the greater of
Cry Arromner’s
UNIVERSITY AVE, STE. 250
RIVERSIDE, CA 92501
1951) 626-5567
(1) the setback imposed pursuant to the applicable zoning provisions of this Code, or (2) ten-feet from
any property line. The yard where the structure is maintained must be enclosed by a solid fence at
least six feet in height.
H Adequate mechanical locking or electronic security systems must be installed as part
of the structure prior to the commencement of cultivation.
I Marijuana cultivation shall be limited to six (6) marijuana plants per private residence,
regardless of whether the marijuana is cultivated inside the residence or in an accessory structure. The
limit of six (6) plants per private residence shall apply regardless of how many individuals reside at
9 the private residence.
10 J The residential structure shall remain at all times a residence, with legal and functioning
11 cooking, sleeping and sanitation facilities with proper ingress and egress. No room used for cooking
12 of meals, sleeping or bathing shall be used for cultivation.
13 K. Cultivation of marijuana shall take place only on impervious surfaces.
14 L. There shall be no exterior evidence of marijuana cultivation occurring on the parcel.
15 M No more than one room in any structure may be used for cultivation.
16 N. The marijuana cultivation area shall not exceed thirty-two square feet and not exceed
17 ten feet in height per residence. This limit applies regardless of the number of individuals residing in
18 the residence.
19 Oo No room or area in a structure that is used for cultivation shall be accessible to persons
20 under twenty-one (21) years of age.
21 P. Written consent of the property owner to cultivate marijuana within the residential
22 structure shall be obtained and shall be kept on the premises, and available for inspection by agents of
23 the City.
24 Q A portable fire extinguisher, that complies with the regulations and standards adopted
25 by the State Fire Marshal and applicable law, shall be kept in any room used for cultivation of
26 marijuana.
27 R No one other than a full-time resident of the residence shall be involved or take part in
28 the cultivation and said full-time resident may not participate in cultivation in any other location within
CITY ATTORNEY'S Ornct
‘3750 UnversityAVE, STE. 250
CA
TORE) ROR?
the City.
8. No chemical fertilizers, pesticides, or other chemical agents shall be used for marijuana
cultivation.
T, The marijuana cultivation area shall not adversely affect the health or safety of the
nearby residents by creating dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration, or
other impacts; and shall not be conducted in a manner that is hazardous due to the use or storage of
materials, processes, products or wastes, or from other actions related to the cultivation.
U For the protection of local groundwater resources and indoor air quality, and to avoid
disposal of harmful substances into sewers or septic systems, no chemical shall be used for marijuana
10 cultivation that contains any substance on the list prepared pursuant to California Health and Safety
ll Code section 25249.8; provided, that any chemical specifically approved by the California Department
12 of Pesticide Regulation for indoor use on marijuana may be used in amounts prescribed by the
13 Department. No chemical used for marijuana cultivation shall be stored in a manner visible from
14 neighboring residences or to individuals located outside the property line or in the public right-of-way.
5 Vv. Cultivation shall be limited exclusively for the personal use of lawful residents of the
16 property on which the cultivation is occurring.
17 19,342,050 Medical Use
18 The outdoor cultivation of medical marijuana, the establishment or operation of any medical
19 marijuana collective, cooperative, dispensary, delivery service, operator, establishment, or provider
20 shall be considered a prohibited use in all zones and specific plan areas of the City. No use permit,
21 variance, building permit, or any other entitlement or permit, whether administrative or discretionary,
22 shall be approved or issued for the cultivation of medical marijuana or the establishment of any
23 collective, cooperative, dispensary, delivery service, operator, establishment, or provider in any zone
24 or specific plan area of the City, and no person shall otherwise establish such businesses or operations
25 in any zone or specific plan area of the City.
26 19.342.060 Public Nuisance
27 Any use or condition caused, or permitted to exist in violation of this Chapter, and each and
28 every violation of the provisions of this Chapter shall be and are hereby declared to be deemed
Civy Attonney's Omce
3750 UNIVERSITYAVE, STE. 250
RIVERSIDE,
CA 92501
199) 65567
unlawful and a public nuisance and may be summarily abated by the City.
19.342.070 Penalties
In addition to any other enforcement permitted by State law, a civil action for injunctive
relief and civil penalties pursuant to Chapter 1.17 of this Code may be brought against any person
or entity that violates this Chapter. In any civil action brought pursuant to this Chapter, a court of
competent jurisdiction may award reasonable attorney’s fees and costs to the prevailing party.
19.342.080 Severability
If any provision of this ordinance or Chapter or the application thereof to any person or
circumstance is held to be unconstitutional or otherwise invalid by a court of competent jurisdiction,
10
such invalidity shall not affect other provisions or applications of this ordinance or Chapter which can
11
be implemented without the invalid provision or application and to this end the provisions of this
12
ordinance and Chapter are declared to be severable.”
13
Section 6. Section 19,485.30, paragraph O of the Riverside Municipal Code is hereby
14
amended to read as follows:
Is
“Section 19.485,.30 Permitted Home Occupations.
16
o
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O0 The cultivation, manufacturing, distribution, transport, or sale of marijuana or
18
Marijuana products is not a permitted home occupation.”
19
.
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Section 7. Section 19.910.020 “A” Definitions of the Riverside Municipal Code is
21
amended in part as follows:
“Section 19.910.020 “A” Definitions.
.
24
Agricultural stand In the RA-5 Zone, a stand for the sale of agricultural products
produced or raised on the same premises, excluding marijuana
and hemp.
26
Agricultural use The use of land for the commercial or non-commercial purpose
27 of planting, growing, raising, and harvesting of crops, livestock,
or poultry; all of which shall be subject to any applicable state
28 license, to a conditional use permit where required under this
Code, and to the limitations and exclusions presented in this
a
3750 UNIVERSITY
AVE, STE 250
‘Raversine,
CA 92501 8
(951) 826-5567
definition or as set forth for specific zones created under this
Code. For the purpose of this definition, crops shall not include
marijuana or hemp.”
eee
Section 8. Section 19.910.040 “C” Definitions of the Riverside Municipal Code is
amended in part as follows:
“Section 19.910.040 “C” Definitions.
eee
Cannabis See Marijuana.”
.
10
Section 9. Section 19,910,090 “H” Definitions of the Riverside Municipal Code is
11
amended in part as follows:
12
“Section 19.910.090 “EH” Definitions.
13
eae
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Home occupation Any use of a dwelling unit and related property for employment
15 or occupational purposes that is incidental to the residential use
of the dwelling unit. The cultivation, manufacturing,
16 distribution, transport, or sale of marijuana or marijuana
products is not a permitted home occupation.”
17
18 Section 10. Section 19.910.140 “M” Definitions is hereby amended to read as follows:
19 “Section 19.910,090 “M’ Definitions.
20 see
21 Marijuana The term “marijuan: shall mean all items included in the
California Health and Safety Code sections 11018 and 11018.1.
22
eee
23
Marijuana Marijuana Cultivation inside a lawfully existing and fully
Cultivation enclosed and secure private residence, or inside a lawfully
Personal existing and fully enclosed and secure accessory structure to a
25 private residence that is located on the same parcel as the private
26 residence for the exclusive personal use of a resident of the
residence who is twenty-one (21) years of age or older,
27 permitted by California Health and Safety Code sections
11362.1 and 11362.2.”
Crry Arronney's OMMCE
3750 UNIVERSITYAve, STE. 250
RIVERSIDE,
CA 92501
F011 WORE
Section 11. California Environmental Quality Act.
The City hereby finds that this ordinance is not subject to review under the Califomia
Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15060, subdivision (c)(2)
(the activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15061, subdivision (b)(3) (there is no possibility the activity in question may have
a significant effect on the environment). In addition to the foregoing general exemptions, the City
Council further finds that this ordinance is categorically exempt from review under CEQA under the
Class 8 Categorical Exemption (regulatory activity to assure the protection of the environment),
CEQA Guidelines section 15308.
10 ADOPTED by the City Council this 24th day of J) 018
it
12
wi A
Yn ty
CS
Y,]]
13 Mayor ofthe City of Ri
14 Attest
15
wl
16 co! NICOL
7 City Clerk of}the City of Riverside
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Cery ATTORNEY'S OFrice
UNIVERSITYAVE, STE. 250
RIVERSIDE 10
(95) 826-5967
I, Colleen J. Nicol, City Clerk of the City of Riverside, California, hereby certify that the
foregoing ordinance was duly and regularly introduced at a meeting of the City Council on the 10th
day of July, 2018, and that thereafter the said ordinance was duly and regularly adopted at a meeting
of the City Council on the 24th day of July, 2018, by the following vote, to wit:
Ayes: Councilmembers Conder, Mac Arthur, Perry, and Mayor Bailey
Noes: Councilmembers Gardner, Melendrez, and Soubirous
Absent: Councilmember Adams
Disqualified: None
10
11 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
12 City of Riverside, California, this 25th day of July, 2018.
di
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14 te
15 CO) EI NICOL
City Cl the City of Riverside
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28 CA 18-0591; O7/1 1/18
\we-citylawprod\C ycom\WPDacs\D001\P024\004 19393. DOCX
enya
UNIVERSITY AVE. STE. 250
RIVERSIDE, CA 97501 il
(951) 126-5567
EXHIBIT A
Article V— PERMITTED USES TABLE 19.150.020 (A)
Zones
Residential Zones. Office & Commercial Zones Mixed Use Zones Industrial Zones Other Zones
(Residential Conservation (RC), Residential Agricuttural (Office, Commercial Retail, (Neighborhood, Village, ae ae (PublicFe Location of Required
Use fay Rural Residential (RR), ecient Estate General Industrial, Standards
in the Municipal
cee casa Mulbple Family Residential | Commercial Regional Center) industrial, Airport) Overlay) ode.
Ro™ RAS" RR RE Re Ra | Re ° cR 6 CRC* | MUN | MU-v* | MUU’ | BMP 1 A AR pr | Rwy | NC
(9.40 — Adutt-Onented
‘Adutt-Oriented Businesses. x x x x x x x x x x x x 19.240 — Adult-Onented
ean eae
‘Agnculture, Hortlcutture and
(Farms, ee
Truck Gardening, Orchards,
For parking
see Offices
Aircraft Charter Services.
Aircraft Parts, Supplies,
Merchandise and Equipment For parking
see Vehicle Sales.
under
‘Akcraft Sales, Rental, Service, For parking
see Vehicle Sales
aan
‘65~
‘Transport Vehicles
ref aeaey
Arcades and (ntemetiCyber
Cafés x x x Mc mc wc Mc uc 19.245 ~ Arcades and
Artist Studio (Including
Photo) P P Pp P For parkingsee Offices:
x x P and Professional
Assemblies of People — 19.250 = Assembilesof
Entertainment—
Adutt-Oriented Businesses (0.9. x x x c c c c
9.24 — Dance Halts & Pubic
‘Theater~
‘Motion ‘See 19.149 — Airport Land
Banquet
Halls, Nightclubs, etc.)
ISEORC, MU nd MU Zones Sie Pu Review Pm Chor 19.70 8 ee mp bi
te prUd nn
ets Chaps 19.09 Amen aS eR Ze Sc 13 oosha a (A's dine Rammed Uns) act 9108808 (RC Zone Paid Ue) 2 wy coat ews is Tbe and Sains 19100030 Aa 19.1 B x th ovo Seon 19108030
A 19.1000
8 shal wp
esSamet he rein os Caen tan CUP. Sor 19700Aapont Land Use Compatbity Pl tx expat led vse compatiblity somes where uae may Be
Dr” yam Lrg Fy Cat 1980 MC» Subj ta the grating of Minor Conditinal Use Porat (MCUP),
Chapter 19.730
Perot, Chapter 19: RCP= Rexycting Cone 'SP* Se Pan Review Perma, Chapter 19.770 Set pe Ft
X* Probie
Article V— PERMITTED USES TABLE 19.150.020 (A)
pr of i on rin Ta omen
Residential Zones Office & Commerciat
Zones Mixed Use Zones. Industrist Zones Other Zones:
( (Business Manufacturing Park, (Public Facilites, Locationof
(RA), ural Reside (RR), ‘Roskential Estate (RE), General Industria, Aispot Railroad, Neighborhood | Standards In the Municipal
amily posers aH (Re1), Mulple Famiiy 1 Regional: industrial. Airport) ‘Overtay)
Re"
| RAS RR | RE RA RI R4 ° cr
| cc eRe* | MUN | Mu-v* | MUS | BMP t AR PF NC
RWY | overtay
‘Assemblies of People — Non- 19.255 — Assemblies of
Entertainment (e.g, Places of = Nc
‘Worship. Fratemal, c c c c c c x x x 53.24 ~ Dance Halls & Public
| Facilities, etc.)
See 19 149 —AiportLand
Use:
19.740 Temporary Use
Permit (Temporary
Assemblies of People — Non
Mc uc mc | MC uc mc uc. MG x mc. 19.910.
‘See Incidental Use Table for
Preview
Steven G. Churchwell (SBN 110346) Filing Fee Exempt Douglas L. White (SBN 206705) (Gov. Code § 6103) Nubia I. Goldstein (SBN 272305) E-FILED J. Scott Miller (SBN 256476) 5/13/2020 10:54 AM CHURCHWELL WHITE LLP Superior Court of California 1414 K Street, 3rd Floor County of Fresno Sacramento, CA 95814 By: Louana Peterson, Deputy (916) 468-0950 Phone (916) 468-0951 Fax steve@churchwellwhite.com Todd Noonan (SBN 172962) NOONAN LAW GROUP 980 9th Street, 16th Floor Sacramento, California 95814 (916) 449-9541 Phone Todd@noonanlawgroup.com 10 11 Attorneys for Plaintiffs COUNTY OF SANTA CRUZ, et al 12 SUPERIOR COURT OF THE STATE OF CALIFORNIA 13 COUNTY OF FRESNO 14 15 COUNTY OF SANTA CRUZ; CITY OF Case No.: 19CECG01224 AGOURA HILLS; CITY OF ANGELS CAMP; 16 CITY OF ARCADIA; CITY OF ATWATER; CITY OF BEVERLY HILLS; CITY OF CERES; 17 CITY OF CLOVIS; CITY OF COVINA; CITY REQUEST FOR JUDICIAL NOTICE, OF DIXON; CITY OF DOWNEY; CITY OF EXHIBITS VOLUME 5 (EXHIBITS 26-30) 18 MCFARLAND; CITY OF NEWMAN; CITY OF OAKDALE; CITY OF PALMDALE; CITY OF 19 PATTERSON; CITY OF RIVERBANK; CITY OF RIVERSIDE; CITY OF SAN PABLO; CITY Complaint filed: April 4, 2019 20 OF SONORA; CITY OF TEHACHAPI; CITY Trial Date: July 16, 2020 OF TEMECULA; CITY OF TRACY; CITY OF 21 TURLOCK; and CITY OF VACAVILLE, Assigned for all purposes to Judge Rosemary McGuire, Department 403. 22 Plaintiffs, 23 Vv. 24 BUREAU OF CANNABIS CONTROL; LORI AJAX, in her official capacity as Chief of the 25 Bureau of Cannabis Control; and DOES 1 through 10, inclusive, 26 Defendants. 27 28 1 Churchwell White Request for Judicial Notice 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 EXHIBIT 26 26 27 28 Churchwell White EXHIBIT ORDINANCE NO. 7431 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIVERSIDE, CALIFORNIA, AMENDING VARIOUS CHAPTERS OF TITLE 19 OF THE RIVERSIDE MUNICIPAL CODE PROHIBITING ALL MARIJUANA USES AND ACTIVITIES. WHEREAS, in September of 2015, the Governor signed into law the Medical Cannabis Regulations and Safety Act (“MCRSA”) which established regulations of medical cannabis cultivation, manufacturing and transportation, as well as created local and State-level licensing systems in California; and WHEREAS, MCRSA allows a city to prohibit, through land use regulation or ordinances, the 10 cultivating, delivering, distributing, selling or processing of medical marijuana; and 1 WHEREAS, on November 8, 2016, the voters of the State of California (“State”) enacted 12 Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act (‘AUMA”); and 13 WHEREAS, subject to certain exceptions, AUMA generally establishes a comprehensive 14 system to legalize, control, and regulate the cultivation, processing, manufacture, distribution, 15 testing, and sale of recreational marijuana, including marijuana products, for use by adults twenty- 16 one (21) years and older, and to tax the commercial growth and retail sale of marijuana; and 17 WHEREAS, AUMA also allows local governments to adopt and enforce local ordinances 18 regulating marijuana related land uses, as well as the possession, planting, cultivation, harvesting, 19 testing, drying, and processing of marijuana, including the complete prohibition of such activities; 20 and 21 WHEREAS, on June 27, 2017, the Governor signed SB 94 into law, creating the Medicinal and 22 Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”), which effectively repealed MCRSA 23 and incorporated certain provisions of MCRSA in the licensing provisions of AUMA, thus integrating the rules for both medicinal cannabis (MCRSA) and adult use of marijuana (AUMA); and WHEREAS, under MAUCRSA, the City continues to be able to regulate marijuana related land uses, as well as the possession, planting, cultivation, harvesting, testing, drying, and processing of 27 marijuana, including the complete prohibition of such activities; and Crry ATTORNEY'S OFFICE ‘3750 UnIvenstry AVE, STE. 250 Bavessine, CA $2501 (951) RIB SSAT WHEREAS, significant concerns have been raised regarding the impacts that possessing, planting, cultivating, harvesting, drying, processing, distributing, transporting, storing, manufacturing, and selling of marijuana (hereinafter “marijuana activities”) will have on the public health, safety, and welfare in the City, including the protection of environmental resources and neighborhood quality; and WHEREAS, the cultivation of marijuana poses an environmental health risk to the public and creates a public nuisance, including without limitation: offensive and irritating odor, degradation of air quality, excessive noise, risk of criminal activity, improper and/or dangerous 9 electrical alterations, and impairment of the general quality of life of property owners and 10 occupants adjoining marijuana cultivation sites; and 1 WHEREAS, the City has a compelling interest in protecting the public health, safety, and 12 welfare of its residents and businesses, and preserving the peace and integrity of neighborhoods 13 within the City; and 14 WHEREAS, the City Council now desires to prohibit all marijuana uses and activities in the 15 City as it relates to personal and medical. 16 The City Council of the City of Riverside does ordain as follows: 17 Section 1, Incorporation of Recitals. 18 The above recitals are hereby declared to be true and correct and represent the findings of the 19 City Council, made in the exercise of its independent judgment and that based on the above recitals, 20 there is an immediate threat to the public health, safety and welfare. The adoption of this ordinance 21 is necessary for the immediate protection of the public health, safety and welfare. Said findings are 22 hereby incorporated by reference and made a part of this ordinance. 23 Section 2. Section 19.147.025 of the Riverside Municipal Code is hereby amended to read 24 as follows: 25 “19,147,025 Prohibited Uses. 26 Any use which is listed as prohibited in the adopted Downtown Specific Plan or prohibited by 27 state and/or federal law is strictly prohibited. Commercial marijuana cultivation, manufacturing, 28 distribution, or sale is also strictly prohibited.” CITY ATIORNEY'S OFFICE 3750 UNIVERSITY AVE, STE. 250 ‘RIVERSIDE, CA $2501 (981) 826-5567 Section3, Section 19.150.020(A) of the Riverside Municipal Code is hereby amended as shown on Exhibit “A,” attached hereto and incorporated by reference. Section 4. Section 19.220 of the Riverside Municipal Code is hereby amended to read as follows: 19.220.020 Permitted Land Uses and Development Standards. For those properties where the Specific Plan Overlay Zone is applied, all permitted use restrictions, development standards, and other applicable standards or regulations governing development as contained within the adopted specific plan shall apply. To the extent that the specific plan does not enumerate use restrictions, development standards, or other applicable regulations, the 10 standards associated with the underlying base zone shall apply. In the event that provisions of the 11 adopted specific plan conflict with or do not correspond with the provisions of the underlying base 12 zone, the provisions as contained in the adopted specific plan shall apply and supersede the underlying 13 base zone requirements, with the exception of marijuana-related uses which shall be exclusively 14 regulated by the underlying zone and are specifically prohibited. Specific Plans shall be prepared and 15 processed to Chapter 19.820 (Specific Plan/Specific Plan Amendments).” 16 Section 5. Chapter 19.342 of the Riverside Municipal Code is hereby repeated in its 17 entirety and replaced with the following: 18 “Chapter 19.342 19 MARIJUANA USES AND ACTIVITIES 20 19.342.010 Purpose 19.342.020 Prohibition 21 19.342.030 Cultivation 19,342,040 Personal Use 22 19.342.050 Medical Use 19,342,060 Public Nuisance 19.342.070 Penalties 19.342.080 Severability 19.342.010 Purpose The City Council finds that prohibitions on all commercial and non-commercial 27 marijuana processing, delivery, cultivation, sale and distribution are necessary for the preservation and 28 protection of the public health, safety and welfare for the City and its residents. Cire ATTORNEY'S OrRCE UNIVERSITY AVE., STE 250 RIVERSIDE,CA 92501 3 (951) B6-S867 19.342.020 Prohibition A. All marijuana cultivation, processing, delivery, sales and dispensaries, or any similar use, shall be prohibited activities in all zones and all specific plan areas in the City. No use permit, variance, building permit, or any other entitlement, license, or permit, whether administrative or discretionary, shall be approved or issued for the activities of marijuana cultivation, processing, delivery, sales, the establishment or operation of a marijuana dispensary or retail store, or any similar use, in the City, and no person shall otherwise establish or conduct such activities in the City. B This section is meant to prohibit all activities for which a State license is required. Accordingly, the City shall not issue any permit, license, except for testing laboratories, or other 10 entitlement for any activity for which a State license is required under the Medicinal and Adult Use ll Cannabis Regulation and Safety Act. 12 c. Except as set forth in section 19.342,040 below, cultivation of marijuana for medical 13 purposes, including cultivation by a qualified patient or a primary caregiver, is expressly prohibited in 14 all zones and all specific plan areas in the City. No person, including a qualified patient or primary 15 caregiver, shall cultivate any amount of marijuana in the City, even for medical purposes. 16 19.342.030 Cultivation 17 A Qutdoor. No individual or entity may plant, cultivate, harvest, dry, or process 18 marijuana plants outdoors in any zone or specific plan area of the City. No use permit, building permit, 19 variance, or any other permit or entitlement, whether administrative or discretionary, shall be approved 20 or issued for any such use or activity. 21 B Indoor. No individual or entity may plant, cultivate, harvest, dry, or process marijuana 22 plants inside a private residence, or inside an accessory structure to a private residence located upon the grounds of a private residence, in excess of the limitations imposed by California Health and Safety Code section 11362.2. No individual or entity may plant, cultivate, harvest, dry, or process marijuana 25 plants inside any enclosed structure within any zone or specific plan area of the City which is not 26 either a private residence or an accessory structure to a private residence located upon the grounds of 27 a private residence. 28 19.342.040 Personal Use City ATToaNEY's OmicE _S7S0 UNIVERSITY AVE, STE. 250 RIVERSIDE, CA 92501 (951) 826-5567 Pursuant to California Health and Safety Code sections 11362.1 and 11362.2, an individual may cultivate marijuana for personal use only within a residential structure or other fully enclosed and locked accessory structure located entirely on residential property owned or legally possessed by him or her, pursuant to the following regulations: A The cultivation of marijuana may take place only inside a lawfully existing and fully enclosed and secure private residence, or inside a lawfully existing and fully enclosed and secure accessory structure to a private residence that is located on the same parcel as the private residence. No cultivation shall occur outside of a fully enclosed structure. B. The primary use of the property shall be for a residence and cultivation is to be 10 considered an incidental use. 11 Cc. All areas used for cultivation of marijuana shal] comply with all Buildings Codes and 12 Regulations of the Riverside Municipal Code and the State of California, as well as all other applicable 13 laws. 14 D. Indoor grow lights are not allowed in any structure used for human habitation. Indoor 15 grow lights in any other structure shall not exceed 1,000 watts per light, and shall comply with the 16 California Building, Electrical and Fire Codes as adopted by the City. 17 E. The use of gas products or volatile solvents, or dangerous poisons, toxins or 18 carcinogens (including but not limited to CO 2, butane, propane, natural gas, xylene, styrene, gasoline, 19 kerosene, 02 H2, methanol, iso-propyl alcohol, methylene chloride, acetone, benzene, toluene, and 20 trichloro-ethylene,) or generators for cultivation of marijuana is prohibited. 21 F. Any structure used for the cultivation of marijuana must have a ventilation and filtration system installed that shall prevent marijuana plant odors from exiting the interior of the structure and 23 designed to prevent mold and moisture and otherwise protect the health and safety of persons residing in the residence and cultivating the marijuana. This ventilation shall at a minimum consist of a system. 25 meeting the requizements of the current, adopted edition of the California Building Code section 26 1203.4 (Natural Ventilation) or section 402.3 (Mechanical Ventilation), or their equivalent(s). 27 G. Any accessory structure used for the cultivation of marijuana shall be located in the 28 rear yard area of the parcel or premises and must maintain a minimum setback equal to the greater of Cry Arromner’s UNIVERSITY AVE, STE. 250 RIVERSIDE, CA 92501 1951) 626-5567 (1) the setback imposed pursuant to the applicable zoning provisions of this Code, or (2) ten-feet from any property line. The yard where the structure is maintained must be enclosed by a solid fence at least six feet in height. H Adequate mechanical locking or electronic security systems must be installed as part of the structure prior to the commencement of cultivation. I Marijuana cultivation shall be limited to six (6) marijuana plants per private residence, regardless of whether the marijuana is cultivated inside the residence or in an accessory structure. The limit of six (6) plants per private residence shall apply regardless of how many individuals reside at 9 the private residence. 10 J The residential structure shall remain at all times a residence, with legal and functioning 11 cooking, sleeping and sanitation facilities with proper ingress and egress. No room used for cooking 12 of meals, sleeping or bathing shall be used for cultivation. 13 K. Cultivation of marijuana shall take place only on impervious surfaces. 14 L. There shall be no exterior evidence of marijuana cultivation occurring on the parcel. 15 M No more than one room in any structure may be used for cultivation. 16 N. The marijuana cultivation area shall not exceed thirty-two square feet and not exceed 17 ten feet in height per residence. This limit applies regardless of the number of individuals residing in 18 the residence. 19 Oo No room or area in a structure that is used for cultivation shall be accessible to persons 20 under twenty-one (21) years of age. 21 P. Written consent of the property owner to cultivate marijuana within the residential 22 structure shall be obtained and shall be kept on the premises, and available for inspection by agents of 23 the City. 24 Q A portable fire extinguisher, that complies with the regulations and standards adopted 25 by the State Fire Marshal and applicable law, shall be kept in any room used for cultivation of 26 marijuana. 27 R No one other than a full-time resident of the residence shall be involved or take part in 28 the cultivation and said full-time resident may not participate in cultivation in any other location within CITY ATTORNEY'S Ornct ‘3750 UnversityAVE, STE. 250 CA TORE) ROR? the City. 8. No chemical fertilizers, pesticides, or other chemical agents shall be used for marijuana cultivation. T, The marijuana cultivation area shall not adversely affect the health or safety of the nearby residents by creating dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration, or other impacts; and shall not be conducted in a manner that is hazardous due to the use or storage of materials, processes, products or wastes, or from other actions related to the cultivation. U For the protection of local groundwater resources and indoor air quality, and to avoid disposal of harmful substances into sewers or septic systems, no chemical shall be used for marijuana 10 cultivation that contains any substance on the list prepared pursuant to California Health and Safety ll Code section 25249.8; provided, that any chemical specifically approved by the California Department 12 of Pesticide Regulation for indoor use on marijuana may be used in amounts prescribed by the 13 Department. No chemical used for marijuana cultivation shall be stored in a manner visible from 14 neighboring residences or to individuals located outside the property line or in the public right-of-way. 5 Vv. Cultivation shall be limited exclusively for the personal use of lawful residents of the 16 property on which the cultivation is occurring. 17 19,342,050 Medical Use 18 The outdoor cultivation of medical marijuana, the establishment or operation of any medical 19 marijuana collective, cooperative, dispensary, delivery service, operator, establishment, or provider 20 shall be considered a prohibited use in all zones and specific plan areas of the City. No use permit, 21 variance, building permit, or any other entitlement or permit, whether administrative or discretionary, 22 shall be approved or issued for the cultivation of medical marijuana or the establishment of any 23 collective, cooperative, dispensary, delivery service, operator, establishment, or provider in any zone 24 or specific plan area of the City, and no person shall otherwise establish such businesses or operations 25 in any zone or specific plan area of the City. 26 19.342.060 Public Nuisance 27 Any use or condition caused, or permitted to exist in violation of this Chapter, and each and 28 every violation of the provisions of this Chapter shall be and are hereby declared to be deemed Civy Attonney's Omce 3750 UNIVERSITYAVE, STE. 250 RIVERSIDE, CA 92501 199) 65567 unlawful and a public nuisance and may be summarily abated by the City. 19.342.070 Penalties In addition to any other enforcement permitted by State law, a civil action for injunctive relief and civil penalties pursuant to Chapter 1.17 of this Code may be brought against any person or entity that violates this Chapter. In any civil action brought pursuant to this Chapter, a court of competent jurisdiction may award reasonable attorney’s fees and costs to the prevailing party. 19.342.080 Severability If any provision of this ordinance or Chapter or the application thereof to any person or circumstance is held to be unconstitutional or otherwise invalid by a court of competent jurisdiction, 10 such invalidity shall not affect other provisions or applications of this ordinance or Chapter which can 11 be implemented without the invalid provision or application and to this end the provisions of this 12 ordinance and Chapter are declared to be severable.” 13 Section 6. Section 19,485.30, paragraph O of the Riverside Municipal Code is hereby 14 amended to read as follows: Is “Section 19.485,.30 Permitted Home Occupations. 16 o 17 O0 The cultivation, manufacturing, distribution, transport, or sale of marijuana or 18 Marijuana products is not a permitted home occupation.” 19 . 20 Section 7. Section 19.910.020 “A” Definitions of the Riverside Municipal Code is 21 amended in part as follows: “Section 19.910.020 “A” Definitions. . 24 Agricultural stand In the RA-5 Zone, a stand for the sale of agricultural products produced or raised on the same premises, excluding marijuana and hemp. 26 Agricultural use The use of land for the commercial or non-commercial purpose 27 of planting, growing, raising, and harvesting of crops, livestock, or poultry; all of which shall be subject to any applicable state 28 license, to a conditional use permit where required under this Code, and to the limitations and exclusions presented in this a 3750 UNIVERSITY AVE, STE 250 ‘Raversine, CA 92501 8 (951) 826-5567 definition or as set forth for specific zones created under this Code. For the purpose of this definition, crops shall not include marijuana or hemp.” eee Section 8. Section 19.910.040 “C” Definitions of the Riverside Municipal Code is amended in part as follows: “Section 19.910.040 “C” Definitions. eee Cannabis See Marijuana.” . 10 Section 9. Section 19,910,090 “H” Definitions of the Riverside Municipal Code is 11 amended in part as follows: 12 “Section 19.910.090 “EH” Definitions. 13 eae 14 Home occupation Any use of a dwelling unit and related property for employment 15 or occupational purposes that is incidental to the residential use of the dwelling unit. The cultivation, manufacturing, 16 distribution, transport, or sale of marijuana or marijuana products is not a permitted home occupation.” 17 18 Section 10. Section 19.910.140 “M” Definitions is hereby amended to read as follows: 19 “Section 19.910,090 “M’ Definitions. 20 see 21 Marijuana The term “marijuan: shall mean all items included in the California Health and Safety Code sections 11018 and 11018.1. 22 eee 23 Marijuana Marijuana Cultivation inside a lawfully existing and fully Cultivation enclosed and secure private residence, or inside a lawfully Personal existing and fully enclosed and secure accessory structure to a 25 private residence that is located on the same parcel as the private 26 residence for the exclusive personal use of a resident of the residence who is twenty-one (21) years of age or older, 27 permitted by California Health and Safety Code sections 11362.1 and 11362.2.” Crry Arronney's OMMCE 3750 UNIVERSITYAve, STE. 250 RIVERSIDE, CA 92501 F011 WORE Section 11. California Environmental Quality Act. The City hereby finds that this ordinance is not subject to review under the Califomia Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15060, subdivision (c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15061, subdivision (b)(3) (there is no possibility the activity in question may have a significant effect on the environment). In addition to the foregoing general exemptions, the City Council further finds that this ordinance is categorically exempt from review under CEQA under the Class 8 Categorical Exemption (regulatory activity to assure the protection of the environment), CEQA Guidelines section 15308. 10 ADOPTED by the City Council this 24th day of J) 018 it 12 wi A Yn ty CS Y,]] 13 Mayor ofthe City of Ri 14 Attest 15 wl 16 co! NICOL 7 City Clerk of}the City of Riverside 18 i 19 21 22 23 25 26 27 28 Cery ATTORNEY'S OFrice UNIVERSITYAVE, STE. 250 RIVERSIDE 10 (95) 826-5967 I, Colleen J. Nicol, City Clerk of the City of Riverside, California, hereby certify that the foregoing ordinance was duly and regularly introduced at a meeting of the City Council on the 10th day of July, 2018, and that thereafter the said ordinance was duly and regularly adopted at a meeting of the City Council on the 24th day of July, 2018, by the following vote, to wit: Ayes: Councilmembers Conder, Mac Arthur, Perry, and Mayor Bailey Noes: Councilmembers Gardner, Melendrez, and Soubirous Absent: Councilmember Adams Disqualified: None 10 11 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the 12 City of Riverside, California, this 25th day of July, 2018. di 13 14 te 15 CO) EI NICOL City Cl the City of Riverside 16 17 18 19 20 21 22 26 27 28 CA 18-0591; O7/1 1/18 \we-citylawprod\C ycom\WPDacs\D001\P024\004 19393. DOCX enya UNIVERSITY AVE. STE. 250 RIVERSIDE, CA 97501 il (951) 126-5567 EXHIBIT A Article V— PERMITTED USES TABLE 19.150.020 (A) Zones Residential Zones. Office & Commercial Zones Mixed Use Zones Industrial Zones Other Zones (Residential Conservation (RC), Residential Agricuttural (Office, Commercial Retail, (Neighborhood, Village, ae ae (PublicFe Location of Required Use fay Rural Residential (RR), ecient Estate General Industrial, Standards in the Municipal cee casa Mulbple Family Residential | Commercial Regional Center) industrial, Airport) Overlay) ode. Ro™ RAS" RR RE Re Ra | Re ° cR 6 CRC* | MUN | MU-v* | MUU’ | BMP 1 A AR pr | Rwy | NC (9.40 — Adutt-Onented ‘Adutt-Oriented Businesses. x x x x x x x x x x x x 19.240 — Adult-Onented ean eae ‘Agnculture, Hortlcutture and (Farms, ee Truck Gardening, Orchards, For parking see Offices Aircraft Charter Services. Aircraft Parts, Supplies, Merchandise and Equipment For parking see Vehicle Sales. under ‘Akcraft Sales, Rental, Service, For parking see Vehicle Sales aan ‘65~ ‘Transport Vehicles ref aeaey Arcades and (ntemetiCyber Cafés x x x Mc mc wc Mc uc 19.245 ~ Arcades and Artist Studio (Including Photo) P P Pp P For parkingsee Offices: x x P and Professional Assemblies of People — 19.250 = Assembilesof Entertainment— Adutt-Oriented Businesses (0.9. x x x c c c c 9.24 — Dance Halts & Pubic ‘Theater~ ‘Motion ‘See 19.149 — Airport Land Banquet Halls, Nightclubs, etc.) ISEORC, MU nd MU Zones Sie Pu Review Pm Chor 19.70 8 ee mp bi te prUd nn ets Chaps 19.09 Amen aS eR Ze Sc 13 oosha a (A's dine Rammed Uns) act 9108808 (RC Zone Paid Ue) 2 wy coat ews is Tbe and Sains 19100030 Aa 19.1 B x th ovo Seon 19108030 A 19.1000 8 shal wp esSamet he rein os Caen tan CUP. Sor 19700Aapont Land Use Compatbity Pl tx expat led vse compatiblity somes where uae may Be Dr” yam Lrg Fy Cat 1980 MC» Subj ta the grating of Minor Conditinal Use Porat (MCUP), Chapter 19.730 Perot, Chapter 19: RCP= Rexycting Cone 'SP* Se Pan Review Perma, Chapter 19.770 Set pe Ft X* Probie Article V— PERMITTED USES TABLE 19.150.020 (A) pr of i on rin Ta omen Residential Zones Office & Commerciat Zones Mixed Use Zones. Industrist Zones Other Zones: ( (Business Manufacturing Park, (Public Facilites, Locationof (RA), ural Reside (RR), ‘Roskential Estate (RE), General Industria, Aispot Railroad, Neighborhood | Standards In the Municipal amily posers aH (Re1), Mulple Famiiy 1 Regional: industrial. Airport) ‘Overtay) Re" | RAS RR | RE RA RI R4 ° cr | cc eRe* | MUN | Mu-v* | MUS | BMP t AR PF NC RWY | overtay ‘Assemblies of People — Non- 19.255 — Assemblies of Entertainment (e.g, Places of = Nc ‘Worship. Fratemal, c c c c c c x x x 53.24 ~ Dance Halls & Public | Facilities, etc.) See 19 149 —AiportLand Use: 19.740 Temporary Use Permit (Temporary Assemblies of People — Non Mc uc mc | MC uc mc uc. MG x mc. 19.910. ‘See Incidental Use Table for