§ 17.82

It is the purpose and intent of this chapter to regulate the locations and operations of medical marijuana collectives/cooperatives in order to promote the health, safety, and general welfare of residents and businesses within the city. It is neither the intent nor the effect of this chapter to condone or legitimize the use or possession of marijuana except as allowed by California law.

(Ord. No. 12-224, § 2, 2-21-2012)

For the purpose of this chapter, the following words and phrases shall have the following meanings:

A.

Drug paraphernalia. As defined in California Health and Safety Code Section 11364.5, and as may be amended from time to time.

B.

Identification card. As defined in California Health and Safety Code Section 11362.5 et seq., and as may be amended from time to time.

C.

Medical marijuana collectives and cooperatives.

1.

Collective or cooperative shall be as defined by California statute or determined by case law and may include any facility or location where the primary purpose is to dispense medical marijuana that has been recommended by a physician, and where medical marijuana is made available to or distributed by or to a primary caregiver or a qualified patient in strict accordance with California Health and Safety Code Section 11362.5 et seq. A collective or cooperative shall not include dispensing by primary caregivers to qualified patients in the following locations, so long as the location of the clinic, health care facility, hospice, or residential care facility is otherwise permitted by the Shasta Lake Municipal Code or by applicable state laws:

a.

A clinic licensed pursuant to Chapter 1 of Division 2 of the California Health and Safety Code;

b.

A health care facility licensed pursuant to Chapter Two of Division 2 of the California Health and Safety Code;

c.

A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the California Health and Safety Code;

d.

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

e.

A residential hospice or a home health agency licensed pursuant to Chapter 8 of Division 2 of the California Health and Safety Code; provided that any such clinic, health care facility, hospice or residential care facility complies with applicable laws, including, but not limited to, Health and Safety Code Section 11362.5.

D.

Person. An individual, partnership, co-partnership, firm, association, joint stock company, corporation, limited liability company, or combination of the above in whatever form or character.

E.

Person with an identification card. As set forth in California Health and Safety Code Section 11362.5 et seq., and as may be amended from time to time.

F.

Physician. A licensed medical doctor, including a doctor of osteopathic medicine as defined in the California Business and Professions Code.

G.

Primary caregiver. As defined in California Health and Safety Code Section 11362.5 et seq., and as may be amended from time to time.

H.

Qualified patient. As defined in California Health and Safety Code Section 11362.5 et seq., and as may be amended from time to time.

I.

School. An institution of learning for minors, whether public or private, offering a regular course of instruction required by the California Education Code. This definition includes an elementary school, middle or junior high school, senior high school, or any special institution of education for persons under the age of eighteen (18) years, whether public or private.

J.

Storefront. A store or other commercial building at ground level that has frontage on a public street.

(Ord. No. 12-224, § 2, 2-21-2012)

17.82.030 - Sales tax liability.

An owner/operator of a collective or cooperative shall be required to apply for and obtain a seller's permit, as required by the State Board of Equalization.

(Ord. No. 12-224, § 2, 2-21-2012)

17.82.040 - Allowable zoning/locations.

A.

Allowable Zoning for Collectives/Cooperatives. A collective or cooperative may be located within the Community Commercial (C-2) zone district on State Route 151 (SR 151) between the Ashby Road and Cascade Boulevard.

A collective or cooperative may be located within the Village Commercial (VC) zone district on properties abutting SR 151.

B.

Storefront Locations. A collective or cooperative shall be located only in a visible store-front type location which provides good public views of the collective/cooperative entrance, its windows, and the entrance to the collective/cooperative premises from a public street.

C.

Areas Where Collectives/Cooperatives are not Allowed. Notwithstanding subparagraph (A) above, a collective or cooperative shall not be allowed in the following locations or zones:

1.

On a parcel located within one thousand (1,000) feet of a school when on the same side of the street of SR 151 and at least six hundred (600) feet when on the opposite side of SR 151; or

2.

On a parcel located within one thousand (1,000) feet of a day care center, day care home, recreation center, youth center, library or a public park when on the same side of the street of SR 151 and at least five hundred (500) feet when on the opposite side of SR 151; or

3.

On a parcel located within nine hundred (900) feet of another collective or cooperative.

D.

Locational Measurements. The distance between a collective or cooperative and the above-listed uses shall be made in a straight line from any parcel line of the real property on which the collective or cooperative is located to the parcel line of the real property on which the facility, building, or structure, or portion of the building or structure, in which the above-listed use occurs or is located.

(Ord. No. 12-224, § 2, 2-21-2012; Ord. No. 16-245, § 3, 4-19-2016)

Collective/cooperative operations shall be maintained only in compliance with the following day-to-day operational standards:

A.

Criminal History. A collective/cooperative owner/operator, his or her agent or employees, volunteer workers, or any person exercising managerial authority over a collective/cooperative on behalf of the owner/operator shall not have been convicted of or be on probation or parole for the sale or distribution of a controlled substance.

B.

Minors. It is unlawful for any collective/cooperative, owner/operator, or other person in charge of any collective/cooperative to employ any person who is not at least eighteen (18) years of age. Persons under the age of eighteen (18) shall not be allowed on the premises of a collective/cooperative unless they are a qualified patient or a primary caregiver, and they are in the presence of their parent or guardian. The entrance to a collective/cooperative shall be clearly and legibly posted with a notice indicating that persons under the age of eighteen (18) are precluded from entering the premises unless they are a qualified patient or a primary caregiver, and they are in the presence of their parent or guardian.

C.

Collective/Cooperative Access. The following restrictions shall apply to all collectives/cooperatives:

1.

The entrance area of the collective/cooperative building shall be strictly controlled. A viewer or video camera shall be installed in the door that allows maximum angle of view of the exterior entrance.

2.

Only primary caregivers and qualified patients shall be allowed in the designated dispensing area along with collective/cooperative personnel.

D.

Collective/Cooperative Operations. The following restrictions shall apply to all operations by a collective/cooperative:

1.

Floor Layout. A collective/cooperative shall have a lobby waiting area at the entrance to the collective/cooperative to receive clients, and a separate and secure designated area for dispensing medical marijuana to qualified patients or designated caregivers. The primary entrance shall be located and maintained clear of barriers, landscaping and similar obstructions so that it is clearly visible from public streets, sidewalks or site driveways.

2.

Storage. A collective/cooperative shall have suitable locked storage on site, for after-hours storage of medical marijuana.

3.

Security. A collective/cooperative shall provide adequate security on the premises, including provisions for adequate lighting and alarms, in order to ensure the safety of persons and to protect the premises from theft.

4.

Security Cameras. Security surveillance cameras shall be installed to monitor the main entrance and exterior of the premises to discourage loitering, crime, illegal or nuisance activities. Security video shall be maintained for a period of not less than seventy-two (72) hours.

5.

Alarm System. Professionally monitored robbery alarm and burglary alarm systems shall be installed and maintained in good working condition within the collective/cooperative at all times.

6.

A collective/cooperative shall meet all the operating criteria for the dispensing of medical marijuana as is required pursuant to California Health and Safety Code Section 11362.5 et seq.

7.

Odors Control. A collective/cooperative shall have an air treatment system that ensures off-site odors shall not result.

8.

Operating Hours. A collective/cooperative may operate seven (7) days per week between the hours of 8:00 a.m. to 8:00 p.m.

9.

A collective/cooperative shall dispense only to qualified patients or primary caregivers with a currently valid physician's recommendation in compliance with the criteria in California Health and Safety Code Section 11362.5 et seq. Collectives/cooperatives shall require such persons to provide valid official identification, such as a department of motor vehicles driver's license or State Identification Card.

10.

Prior to dispensing medical marijuana, the collective/cooperative shall obtain a verification from the recommending physician's office personnel that the individual requesting medical marijuana is or remains a qualified patient pursuant to California Health and Safety Code Section 11362.5 et seq.

11.

A collective/cooperative shall not have a physician on-site to evaluate patients and/or provide a recommendation for the use of medical marijuana.

12.

No person shall maintain, use, or operate a vending machine on the premises which dispenses marijuana to a qualified patient or primary caregiver.

E.

Consumption Restrictions. The following medical marijuana consumption restrictions shall apply to all collectives and cooperatives:

1.

Marijuana shall not be smoked, ingested or otherwise consumed by any individual on the premises of the collective/cooperative. The term "premises" includes the actual building, as well as any accessory structures, parking lot or parking areas, or other surroundings within two hundred (200) feet of the collective/cooperative's entrance.

Collective/cooperative operations shall not result in illegal re-distribution of medical marijuana or any controlled substance obtained from the collective/cooperative, or use or distribution in any manner which violates state law.

F.

Retail Sales and Cultivation.

1.

No marijuana shall be cultivated on the premises of the collective/cooperative, except in compliance with Health and Safety Code Section 11362.5 et seq.

2.

A collective/cooperative shall acquire medical marijuana only from their constituent members, because only marijuana grown by a qualified patient or his/her primary caregiver may lawfully be transported by, or distributed to, other members of a collective or cooperative.

3.

A collective/cooperative shall not cultivate, distribute or sell medical marijuana for a profit.

4.

A collective/cooperative shall not sell or display any drug paraphernalia or any implement that may be used to administer medical marijuana with the exception of:

a.

Pipes. For purposes of this section, "pipe" shall mean a small, hand-held burning device that holds a burning, dried marijuana leaf in a small cup at one end, while user uses lips to draw smoke through a small cylinder attached to the side of the bowl.

b.

Rolling papers: For purposes of this section, "rolling paper" shall mean small sheets, rolls, or leaves of paper for rolling one's own cigarettes.

5.

A collective cooperative shall not conduct or engage in the commercial sale, trade, barter, exchange or provision of any product, good or service other than medical marijuana pursuant to the terms and conditions consistent with this chapter and applicable law.

6.

A collective/cooperative shall comply with all the operating criteria for the dispensing of medical marijuana as is required pursuant to California Health and Safety Code Section 11362.5 et seq.

G.

Reserved.

H.

Collective/Cooperative Signage and Notices.

1.

A notice shall be clearly and legibly posted in the collective/cooperative indicating that smoking, ingesting or consuming marijuana on the premises or in the vicinity of the collective/cooperative is prohibited.

2.

Signs on the premises shall not obstruct the entrance or windows.

3.

Address identification shall comply with local fire protection district address sign requirements.

4.

Business identification signage shall comply with Shasta Lake Municipal Code Section 17.84.050 and shall be limited to that needed for identification only, consisting of a single window sign or wall sign that shall not exceed six square feet or ten percent of the window area, whichever is less.

I.

Employee Records. Each owner/operator of a collective/cooperative shall maintain a current register of the names of all volunteers and employees currently working at or employed by the collective/cooperative, and shall disclose such registration for inspection by any city officer or official, but only for the purposes of determining compliance with the requirements of this chapter.

J.

Patient Records. A collective/cooperative shall maintain confidential health care records of all patients and primary caregivers using only the identification card number issued by the county, or its agent, pursuant to California Health and Safety Code Section 11362.71 et seq., as a protection of the confidentiality of the cardholders, or a copy of the written recommendation from a physician stating the need for medical marijuana under California Health and Safety Code Section 11362.5 et seq.

K.

Staff Training. Collective/cooperative staff shall receive appropriate training for their intended duties to ensure understanding of rules and procedures regarding dispensing in compliance with state and local law, and properly trained or professionally-hired security personnel.

L.

Site Management.

The owner/operator of the establishment shall take all necessary steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks, alleys and areas surrounding the premises and adjacent properties during business hours, if directly related to the patrons of the subject collective/cooperative.

2.

The owner/operator of the establishment shall take all necessary steps to reduce loitering in public areas, sidewalks, alleys and areas surrounding the premises and adjacent properties during business hours.

3.

The owner/operator of the establishment shall provide patients with a list of the rules and regulations governing medical marijuana use and consumption within the city.

M.

Trash, Litter, Graffiti.

1.

The owner/operator shall clear the sidewalks adjoining the premises plus ten feet beyond property lines along the street, as well as any parking lots under the control of the operator, as needed to control litter, debris and trash.

2.

The owner/operator shall remove all graffiti from the premises and parking lots under the control of the operator within twenty-four (24) hours of its application.

N.

Compliance with Other Requirements. The collective/cooperative operator shall comply with all provisions of all local, state or federal laws, regulations or orders.

O.

Alcoholic Beverages. No collective/cooperative shall hold or maintain a license from the State Division of Alcoholic Beverage Control for the sale of alcoholic beverages, or operate a business on the premises that sells alcoholic beverages. No alcoholic beverages shall be allowed or consumed on the premises.

P.

Parking Requirements. Collectives and cooperatives shall be considered general retail (enclosed) uses relative to the parking requirements imposed by Shasta Lake Municipal Code Section 17.86.140.

Q.

Inspection Authority. City of Shasta Lake Development Services Department staff may inspect every medical marijuana collective/cooperative at any time during regular business hours to ensure compliance

with the provisions of this chapter.

(Ord. No. 12-224, § 2, 2-21-2012)

A.

Those collectives/cooperatives which were authorized by the city prior to the date of the adoption of the ordinance enacting this chapter shall be deemed pre-existing legal uses of real property upon which they are situated.

B.

The collective/cooperative shall be subject to the requirements for nonconforming uses of Shasta Lake Municipal Code Chapter 17.90.

(Ord. No. 12-224, § 2, 2-21-2012)

Chapter 17.84 - GENERAL DEVELOPMENT STANDARDS

17.84.005 - Design and architectural objectives.

A.

Purpose and Use.

The purpose of this chapter is to define general design objectives for new commercial, industrial, residential, and public development projects, in order to assist site planners and designers in understanding the city's basic design expectations for on-site development. These guidelines should also be applied as feasible to enhance existing structures or site conditions. The intent is to enhance the community's overall value and appearance, and to achieve well-designed projects that complement the small-town feel of the community and its heritage. In addition, these design objectives are intended to:

1.

Encourage originality, flexibility, innovation in site planning and development, including the architecture, landscaping and design of proposed developments in relation to the city as a whole and/or surrounding areas.

2.

Discourage monotonous, drab, unsightly, dreary and inharmonious developments, minimize discordant and unsightly surroundings and visual blight, and avoid inappropriate and poor quality design.

3.

Aid in assuring that structures, signs and other improvements are properly related to their sites and the surrounding sites and structures, with due regard to the aesthetic qualities of the natural terrain and

landscaping and that proper attention is given to exterior appearances of structures, signs and other improvements.

These objectives shall be considered during the design and review of development proposals, and are to be used in conjunction with other applicable zoning development standards, ordinances and/or special development requirements. In the event that a general design objective conflicts with a specific standard of other ordinances or codes, the specific standard shall prevail.

The design criteria established in this section are not intended to be rigid or restrict creative solutions. The planning commission, at its discretion, shall have the authority to consider and accept alternative site and/or building designs that are determined to meet the general intent of this chapter.

B.

Site Design Objectives.

1.

Sites should be developed in a coordinated manner to complement adjacent structures through placement, architecture, colors and size/mass.

2.

Whenever possible, buildings on the same site should be clustered and incorporate plazas, court-yards, pocket parks and other pedestrian use areas.

3.

Sites should be designed to avoid the appearance of domination by automobiles. Positive methods to achieve this concept include:

a.

Orienting buildings to fronting streets and placing parking at the rear and/or sides;

b.

Designing the required parking area into smaller, discrete, connected lots rather than large, single-use lots;

c.

Providing well-defined pedestrian walkways through parking areas and from public sidewalks into the site. Well-defined walkways use pavers, changes in color, texture and composition of paving materials and vertical plantings such as trees and shrubs. The minimum width of walkways shall be five feet.

d.

Parking areas shall be designed to be partially screened from view from adjacent streets and building occupants. Screening can be accomplished through a number of methods, including:

i.

Orienting buildings away from parking areas;

ii.

Placing buildings between streets and parking lots;

iii.

Using extensive landscape screening, beams, and architecturally treated walls.

4.

Sites shall incorporate transit-compatible designs where appropriate. Transit compatibility means designs that are pedestrian oriented, provide safe and convenient access to transit facilities, and foster efficient transit service.

5.

Where appropriate, site plans shall be designed to provide vehicle and pedestrian connections with adjacent sites.

6.

All utility lines should be placed underground onsite and along street frontages.

7.

Phased projects shall be designed to the greatest degree possible so that each phase, in and of itself, is complete in its functional, traffic, parking, visual, drainage and landscaping aspects.

C.

Building Design Objectives.

1.

No single architectural style is required. How-ever, design themes that reflect the city's small-town atmosphere, and its natural resource and recreation-based heritage, are preferred. Such design themes typically include use of stone, heavy timbers, other natural appearing materials and colors in the building, and overall site design. Building accents which relate to the community's origin in the late 1930's and 1940's are also encouraged. Reliance on or use of standardized "corporate or franchise" design prototypes that are more representative of typical urban development is strongly discouraged.

2.

Buildings should reflect an individual design that has considered site location, conditions, and surrounding development. Building design should pro-vide a sense of permanence and timelessness. High quality construction and materials should be used to ensure that buildings will not look dated or worn down over time. Building designs should reflect an individual style and form and not merely current trends.

A consistent visual identity shall be applied to all sides of buildings visible to the general public. In these areas, all building sides shall have an equivalent level of quality of materials, detailing and window placement. Abrupt ending of architectural details shall be avoided with no radical change in details or features or materials.

4.

Long blank walls are to be avoided. Positive methods to achieve this objective include change in colors and materials, placement of windows, use of awnings and canopies, and architectural details and features such as corners, setbacks, and offsets. Windows at ground level may be tinted; however, mirrored windows are not allowed. Reflective roofing is not allowed.

5.

Buildings facing streets shall incorporate pedestrian scaled entrances. Pedestrian scaled en-trances are those that provide an expression of human activity or use in relation to building size. Doors, windows, entrances and other features should be designed to respond to the size of the human body and not give the appearance of anonymity or over-whelming the building's users.

6.

Modulation (defined as a measured setback or offset in a building face) shall be incorporated to re-duce overall bulk and mass of buildings. The planes of exterior walls should not run in one continuous direction more than fifty (50) to sixty (60) feet without an offset or setback.

7.

Large buildings should have height variations to give the appearance of distinct elements.

8.

Building design and/or facade shall incorporate traditional building materials such as masonry, stone, heavy timbers, brick and other natural appearing materials.

9.

Building colors and roof materials should accent, blend with, or complement surroundings. Bright or brilliant colors should be reserved for trim and accents.

10.

Existing buildings that have faded exterior color(s), and/or that have generally a worn or weathered appearance, should be repainted prior to establishment of any new uses.

11.

Landscape areas or planting beds should be provided around perimeters to separate buildings from surrounding pavement areas.

Outdoor storage areas, mechanical equipment, utility vaults, and trash receptacles must not be visible from adjacent streets and pedestrian walkways.

13.

Outdoor mechanical equipment shall be appropriately screened from view and to minimize noise. The method of screening shall be architecturally integrated with the building with respect to materials, color, shape and size.

14.

Site services should be located on the least visible side of a building or site or within interior building spaces.

15.

Ground level outdoor enclosures shall be composed of materials similar to the main structure.

16.

Materials used for site features such as fences, screen walls, and signs should be appropriate to the zone district where the development is located and should complement building design through materials, color, shape, and size.

17.

Developments should provide transition with adjacent uses especially regarding building location, size and scale. No single building or development should dominate adjacent uses in terms of size, bulk, view blockage, or shading.

D.

Sign Objectives.

1.

Building Signs.

a.

Individual letters rather than cabinet signs are preferred.

b.

Backlit individual letters are a preferred alternative.

c.

Signs should be compatible in scale and proportion with building design and other signs.

d.

A specific sign program or concept should be designed for multiple tenant buildings or complexes. Color and letter style shall be coordinated when businesses share the same building and consistent sign patterns (placement on buildings) shall be utilized.

e.

Exposed neon tubes are acceptable for non-letter sign elements but are discouraged for letters.

2.

Freestanding Signs.

a.

Freestanding signs should provide only name and address of the building and/or building tenants.

b.

Project landscaping should be designed to incorporate freestanding signs.

E.

Landscaping Objectives

1.

Provide unity of design through repetition of plants and coordination with adjacent developments.

2.

Landscape materials should be hardy species that are adaptable to local conditions, easily maintained, and drought tolerant. Use of native plants is strongly encouraged.

3.

The design for parking areas shall include deciduous and evergreen trees to provide shade and break up expanses of asphalt.

4.

Landscape islands or medians shall have no dimension narrower than four to five feet.

5.

Interior landscaping is required for parking lots containing ten or more spaces at a ratio of twenty (20) square feet of landscape area for every one hundred (100) square feet of parking area. All landscaped areas should be protected by wheelstops or curbing, or be of sufficient width to prevent damage to plants by overhanging vehicles.

6.

Existing vegetation should be incorporated into overall site design.

7.

Landscaped areas shall be irrigated by mechanical sprinkler systems. Reclaimed water should be used in the irrigation system if practicable.

8.

Required perimeter setback areas shall be densely landscaped with a combination of trees and shrubs, which form a ninety (90) percent ground cover within three years of planting.

9.

Interior site landscaping is required to define pedestrian ways, enclose outdoor gathering and seating areas, and reduce building mass.

10.

Architectural features such as low walls, fountains and sculptures may be used in places where planting areas are limited or restricted.

11.

Project entrances should be enhanced through changes in paving materials such as brick payers, textured and colored concrete, providing entry structures and unity in planting of trees and shrubs.

12.

Individual trees along walkways and along sidewalks in the internal portions of projects should be planted in tree wells or planter boxes.

13.

Open stormwater detention facilities should be incorporated into project landscaping and open space where geographically feasible.

14.

Open stormwater detention facilities shall be landscaped and visually screened.

F.

Lighting Objectives

1.

Moving and flashing lights are prohibited.

Use cut-off lenses or hoods to prevent glare and light spill off project site onto adjacent properties, buildings and roadways.

3.

Lighting standards should be designed and sized to be compatible with the character of the development.

(Ord. 01-136 § 1)

(Ord. No. 21-290, § 3, 9-7-2021)

17.84.010 - Building sites.

The following general development standards apply to building sites in the city:

A.

Substandard Lot Sizes. A legally created lot that contains less area than is required by the applicable district and is not merged pursuant to the state Subdivision Map Act and/or local ordinance, shall be considered a building site if one of the following criteria is met:

1.

All other development standards of the district in which the lot is located and all other applicable city development standards, except lot size, are met; or

2.

A variance is approved for the building.

B.

Gross Versus Net Acreage. Building sites of two acres or more shall be determined by reference to gross acreage. Building sites of less than two acres shall be determined by reference to net acreage.

C.

Exception—Public Uses. The minimum building site required in any district shall not apply to lots created for a public use or public utility for which a use permit is required.

D.

Exception—Preexisting Residences. Lots containing two or more detached one-family residences or mobile homes may be divided into lots smaller than permitted by the district in which the property is located provided:

1.

All such habitable one-family residences or mobile homes were legally constructed or installed before January 10, 1984; and

2.

Each newly created parcel is occupied by at least one of the one-family residences or mobile homes; and

3.

Each newly created parcel meets all city development standards, except minimum building site.

(Ord. 97-99 § 1 (part))