Chapter 17.48

MEDICAL MARIJUANA COLLECTIVES, COOPERATIVES, AND DISPENSARIES

The purpose of this chapter is to protect the public safety, health, and welfare of the residents of Etna by prohibiting the establishment and operation of medical marijuana collectives, cooperatives, dispensaries, and other similar uses in the city of Etna. (Ord. 207, 2011)

• A. "Marijuana" shall have the same definition as provided in California Health and Safety Code Section 11018.

• B. "Medical marijuana" means marijuana used for medical purposes in accordance with California Health and Safety Code Section 11362.7 et seq.

• C. "Medical marijuana collective, cooperative, or dispensary" means any association, business, facility, use, establishment, location, delivery service, or provider, whether fixed or mobile, that distributes or makes available medical marijuana in accordance with Health and Safety Code Section 11362.5 et seq.

  • Medical marijuana collectives, cooperatives, or dispensaries shall not mean the following uses, so long as such uses comply with this code, Health and Safety Code Section 11362.5 et seq., and other applicable law:
  • A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code;

2. A healthcare facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code;

• A facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code;

4. A residential care facility for persons with chronic life-threatening illness licensed pursuant to

Chapter 3.01 of Division 2 of the Health and Safety Code;

5. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code; or

6. A residential hospice or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code.

• (Ord. 207, 2011)

Medical marijuana collectives, cooperatives, dispensaries, and any other similar uses that distribute, sell, or provide medical marijuana are prohibited. (Ord. 207, 2011)

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City of Etna, CA

ZONING

§ 17.48.040

§ 17.48.040

Any person found to be in violation of any provision of this chapter shall be guilty of a misdemeanor and shall be subject to the criminal enforcement remedies set forth in Chapter 1.16 EMC.

• (Ord. 207, 2011)

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City of Etna, CA

ZONING

§ 17.49.010

§ 17.49.030

CHAPTER 17.49 DENSITY BONUS[1 ]

The purpose of this section is to implement Government Code Section 65915. If any provision of this section should conflict with a provision of such statute, the statutory provision shall prevail. (Ord. 216 § 3 (Att. A), 2015)

Terms defined in Government Code Section 65915 shall have the same meaning in this chapter. (Ord. 216 § 3 (Att. A), 2015)

• A. The city shall grant a density bonus, the amount of which shall be as specified in Government Code Section 65915(f), and incentives or concessions, the amount of which shall be as specified in Government Code Section65915(d)(2), when a housing development applicant seeks and agrees to construct a housing development, excluding any units permitted by the density bonus, that will contain at least any one of the following:

  1. At least 10 percent of the total units for lower income households, as defined in Health and Safety Code Section 50079.5. The density bonus shall be based on the following:

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----- Start of picture text -----
Percentage Low Income Units Percentage Density Bonus
10 20
11 21.5
12 23
13 24.5
14 26
15 27.5
17 30.5
18 32
19 33.5
20 35
----- End of picture text -----

2. At least five percent of the total units for very low income households, as defined in Health and Safety Code Section 50105. The density bonus shall be based on the following:

1. Code reviser's note: Ordinance 216 adds the provisions of this chapter as Chapter 17.48. The chapter has been editorially renumbered to prevent duplication of numbering.

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City of Etna, CA

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§ 17.49.030

§ 17.49.030

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----- Start of picture text -----
Percentage of Very Low Income Units Percentage Density Bonus
5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35
----- End of picture text -----

3. A senior citizen housing development, as defined in Civil Code Sections51.3 and 51.12, or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Civil Code Section 798.76 or 799.5; the density bonus shall be 20 percent of the number of senior housing units.

4. At least 10 percent of the total dwelling units in a common interest development as defined in Civil Code Section 1351 for persons and families of moderate income, as defined in Health and Safety Code Section 50093; provided, that all units in the development are offered to the public for purchase. The density bonus shall be based on the following:

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----- Start of picture text -----
Percentage Percentage
Moderate Income Percentage Moderate Income Percentage
Units Density Bonus Units Density Bonus
10 5 26 21
11 6 27 22
12 7 28 23
13 8 29 24
14 9 30 25
15 10 31 26
16 11 32 27
17 12 33 28
18 13 34 29
19 14 35 30
20 15 36 31
21 16 37 32
22 17 38 33
23 18 39 34
24 19 40 35
----- End of picture text -----

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City of Etna, CA § 17.49.030

ETNA CODE

§ 17.49.050

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----- Start of picture text -----
Percentage Percentage
Moderate Income Percentage Moderate Income Percentage
Units Density Bonus Units Density Bonus
25 20
----- End of picture text -----

• B. The city shall grant the concession or incentive requested by the applicant unless the city council makes a written finding, based upon substantial evidence, of any of the following:

  1. The concession or incentive is not required in order to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5, or for rents for the targeted units to be set as specified in Government Code Section 65915(c).

  2. The concession or incentive would have a specific adverse impact, as defined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low and moderate income households.

3. The concession or incentive would be contrary to state or federal law.

(Ord. 216 § 3 (Att. A), 2015)

• A. A housing development applicant shall agree to continued affordability of all low and very low income units that qualified the applicant for the award of the density bonus for 30 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. Rents for the lower income density bonus units shall be set at an affordable rent as defined in Health and Safety Code Section 50053. Owner-occupied units shall be available at an affordable cost as defined in Health and Safety Code Section 50052.5.

• B. A housing development applicant shall agree that the initial occupant of the moderate income units that are directly related to the receipt of the density bonus in the common interest development, as defined in Civil Code Section 1351, are persons and families of moderate income as defined in Health and Safety Code Section 50093, and that the units are offered at an affordable cost as defined in Health and Safety Code Section 50052.5. The city shall enforce an equity sharing agreement consistent with Government Code Section 65915(c) unless it is in conflict with the requirements of another public funding source or law.

(Ord. 216 § 3 (Att. A), 2015)

• A. When an applicant proposes to construct a housing development that conforms to the requirements of EMC § 17.49.030(A) and includes a child care facility that will be located on the premises of, as part of, or adjacent to the project, the city shall grant either of the following:

  1. An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child care facility.

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City of Etna, CA

ZONING

§ 17.49.050

§ 17.49.050

2. An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility.

• B. The city shall require, as a condition of approval of the housing development, that all of the following occur:

  1. The child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable.

  2. Of the children who attend the child care facility, the children of very low income households, lower income households or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low income households, lower income households, or families of moderate income pursuant to EMC § 17.49.030.

• C. Notwithstanding any other provision of this section, the city shall not be required to provide a density bonus or concession or incentive for a child care facility if it finds, based upon substantial evidence, that the community has adequate child care facilities.

• (Ord. 216 § 3 (Att. A), 2015)

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City of Etna, CA

ZONING

§ 17.50.010

§ 17.50.030