CITY OF DUNSMUIR
CITY COUNCIL
Thursday, September 17th, 2026 - 6:00 p.m.
MEETING AGENDA
REGULAR SESSION
Join Zoom Meeting: https://us02web.zoom.us/j/84424135442 Council Chambers
5902 Dunsmuir Ave
Notice to Public
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DISCLOSURE OF CAMPAIGN CONTRIBUTIONS:
Pursuant to Government Code 84308, City Council Members are disqualified and not able to participate in any agenda item involving contracts (other than competitively bid, labor, or personal employment contracts), franchises, discretionary land use permits and other entitlements if the City Council Member received more than $250 in campaign contributions from the applicant or contractor, an agent of the applicant or contractor, or any financially interested participant who actively supports or opposes the City's decision on the agenda item in the 12 months prior to the date the item is on the agenda.
Members of the City Council who have received, and applicants, contractors or their agents who have made, campaign contributions totaling more than $250 to a City Council Member in the 12 months prior to the date the item is on the agenda are required to disclose that fact for the official record of the subject proceedings. Disclosures must include the amount of the campaign contribution and identify the recipient City Council Member and may be made either in writing to the City Clerk before the agenda item or by verbal disclosure during consideration.
Members of the public can observe and participate in the meeting remotely via Zoom using the following Webinar ID: 844 2413 5442, or by calling +1 669-900-6833. Go to Reactions tab to “Raise your Hand” during the public comment period.
A. CALL TO ORDER
B. ROLL CALL
C. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS
D. PUBLIC COMMENTS
Persons wishing to address the City Council on subjects not on the agenda but within the jurisdiction of the council may do so at this time. The council cannot discuss or take action on matters, not on the agenda for this meeting, but councilmembers may briefly respond to statements made or questions raised by the public, ask for clarification from staff, refer the matter to staff, request staff to report back to the council at a subsequent meeting, or place the matter on a future agenda. To speak on an agenda item, please use the “raise your hand” feature or press *9 on your phone. Speakers are limited to three minutes per item, as determined by the Mayor.
E. COUNCIL AND STAFF COMMENTS
F. COMMITTEE REPORTS
G. APPROVAL OF MINUTES September 3rd, 2026
H. CONSENT CALENDAR
All matters listed on the Consent Calendar are to be approved with one motion unless a member of the City Council or the public requests that separate action be taken on a specific item. a. Check Register: 8/29-9/11/2026
Recommended Action: To approve the consent calendar.
I. PUBLIC HEARING
Continuation of 8/20 Appeal Hearing: Appeal of Planning Commission Resolution PC-2026-04 denying the application and issuance of a Conditional Use Permit to Dunsmuir Cannabis Company located at 5838 Dunsmuir Ave APN 058-113-070, City Council Hearing De Dovo (DMC 17.140.030) Cannabis Dispensary Retail Dunsmuir Cannabis. Consideration of Approval of City Council Resolution 2026-17 Approving the Conditional Use Permit to permit Cannabis Retail
J. OLD BUSINESS - None
K. NEW BUSINESS – None
L. FUTURE AGENDA ITEMS
M. ADJOURNMENT
ADJOURN TO THURSDAY, October 1st , 2026, 6:00 P.M., COUNCIL CHAMBERS 5902 DUNSMUIR AVE,
DUNSMUIR, CA
Any disclosable public records related to an open session item on a regular meeting agenda and distributed by the City of Dunsmuir to all or a majority of the Dunsmuir City Council less than 72 hours prior to that meeting are available for public inspection at City Hall, 5915 Dunsmuir Ave, Dunsmuir, California during normal business hours.
PUBLIC NOTIFICATION
I, Wendy Perkins, City Clerk, do hereby certify that I have caused a true copy of the above notice and agenda to be delivered to each of the members of the Dunsmuir City Council, at the time and in the manner prescribed by law and that this agenda was posted at City Hall 1 Dunsmuir City Council Meeting Minutes of September 3rd , 2026 A. CALL TO ORDER 6:06 PM
B. ROLL CALL
On roll call were Councilmembers: Clarno, Bryan, Lucchesi
Absent: Sebring, Hubbard
Staff present: City Clerk Perkins, City Manager Cohrs, City Attorney Lim C. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS – Peggy Ygbuhay of Union Pacific Railroad provides an update on the oil spill and cleanup.
D. PUBLIC COMMENTS – open at 6:13 p.m. None
E. COUNCIL AND STAFF COMMENTS
Sheriff’s Dept – No updates
City Manager Cohrs – Follow up in regards to Opportunity Zone discussion. Letter was submitted and other letters to support their application submitted.
Hosted Wesley Fink's from Adam Schiffs office, showed him the trail and Hedge Creek waterfalls and possible next Mossbrae Falls Trail.
Bryan – Thanks the letter of support writers for letter of support for opportunity zone, had 19 total letters of support. Conclusion of their season, Parks and Rec and Molly who took over the pool, became a lifeguard, and also Revive Church whom kept th epool open for one extra weekend of the season.
Clarno – Enjoying the rainy weather and the end of fire season for the eyar. Encourages city manager the resilience officer is looking into El Nino type events.
F. COMMITEEE REPORTS – None
G. APPROVAL OF MINUTES – Motion to approve minutes of August 20th Moved by: Councilmember Bryan
Seconded by: Councilmember Clarno Motion Carried (3 to 0 ) two absent H. CONSENT CALENDAR –
a. Check Register: 8/14-8/28/2026
Recommended Action: To approve the consent calendar , Item one , pulling item 2 (duplicate of K1) 2 Moved by: Clarno
Seconded by: Bryan Motion Carried (3 to 0 ) two absent
I. PUBLIC HEARINGS – None
J. OLD BUSINESS – Continued Review and Discussion of City Manager's 2026/27 Workplan No public comment (open at 6:37 p.m.)
K. NEW BUSINESS
1. Adopt Resolution 2026-16 to Amend Contract Between City and CalPERS Retirement System to Enact Changes Made by State Legislation through Ordinance 586 City Manager Lim introduces the item: Explains the adjustment needed here. Wants city to formally adopt the 2013 PEPRA law changes. This Ordinance will be brought back at a future meeting.
Public comment open at 6:46 p.m.
Moved by: Clarno
Seconded by: Bryan Motion Carried (3 to 0 ) two absent
2. Discussion and Possible Action of Request of the Friends of the Library for Additional Grant Funding
Item is introduced by City Manager Cohrs – 6:48 p.m.
Sandra Hood - Makes a presentation to support library services and library in general.
Sept to Nov the Library Board said library has been voted up to close. With a $5000 funding help from city this will help extend for just another bit of time. Library now has a deficit in budget of $15,000. Librrian Karen O'Quinn retired. Will save $5000 to just use Wes. Bring deficiet down to $10,000 and will only need an additional $5000 to make up for this. There will be another discussion regarding library revenues and expenditure in October.
Council Questions: Hours of Operation 20 hrs a week , Tues – Sat. 1- 5Lucchesi is concerned about long term sustainability and questions Tim Holt on the long term economic plan.
Grace Sanchez - makes some public comments on behalf of the board.
Moved by: Bryan Seconded by Clarno to move additional $5000- for funding gap to increase total budget to $36,000 line item total annually
Roll Call Vote. Motion Carried ( 3 to 0) with 2 absent
L. FUTURE AGENDA ITEMS
M. ADJOURNMENT at 7:25 p.m.
Mayor Lucchesi City Clerk Perkins
9/14/2026 10:36:23 AM Page 1 of 2
My Check Report
City of Dunsmuir By Check Number
Date Range: 08/29/2026 - 09/11/2026
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Bank Code: Mechanics Bank-Mechanics Bank
00023 ACCESSIBLE HUMAN RESOURCES LLC 09/04/2026 Regular 0.00 2,514.25 656 00261 BAXTER AUTO PARTS, INC. 09/04/2026 Regular 0.00 304.89 657 00538 CHARLES W PILLON 09/04/2026 Regular 0.00 131.25 658 00596 CITY OF DUNSMUIR 09/04/2026 Regular 0.00 901.62 659 00947 DUNSMUIR COMMUNITY RESOURCE 09/04/2026 Regular 0.00 5,000.00 660 00966 DUNSMUIR TIRE Black Sands Enterprises, LLC 09/04/2026 Regular 0.00 687.87 661 01087 FAILSAFE TESTING LLC 09/04/2026 Regular 0.00 1,178.38 662 01113 FIRE APPARATUS SOLUTIONS 09/04/2026 Regular 0.00 188.08 663 01908 LONARDO S. DEPAOLA Development Compliance09/04/2026 Regular 0.00 6,704.00 664 02077 MES SERVICE COMPANY LLC 09/04/2026 Regular 0.00 1,540.00 665 02362 PACE ANALYTICAL SERVICES, LLC 09/04/2026 Regular 0.00 1,047.85 666 02370 PACIFIC POWER 09/04/2026 Regular 0.00 9,862.94 667 02547 RAMSHAW'S ACE HARDWARE 09/04/2026 Regular 0.00 79.49 668 03300 TULLIS, INC. 09/04/2026 Regular 0.00 1,474.69 669 03343 USA BLUE BOOK, INC 09/04/2026 Regular 0.00 153.23 670 03435 WEX BANK 09/04/2026 Regular 0.00 4,324.43 671
00074 ALLEN, MARK 09/11/2026 Regular 0.00 111.50 672
00617 CLEMENS WASTE REMOVAL Dianna Duran 09/11/2026 Regular 0.00 7,399.97 673 01095 FASTENAL COMPANY 09/11/2026 Regular 0.00 1,257.62 674 01169 FRIENDS OFTHE DUNSMUIR LIBRARY 09/11/2026 Regular 0.00 5,000.00 675 03522 Jeffery Heign 09/11/2026 Regular 0.00 4,625.00 676 01908 LONARDO S. DEPAOLA Development Compliance09/11/2026 Regular 0.00 5,090.00 677 02362 PACE ANALYTICAL SERVICES, LLC 09/11/2026 Regular 0.00 639.95 678 02626 RICHARDS, WATSON & GERSHON 09/11/2026 Regular 0.00 20,205.00 679 02880 SHASTA VALLEY PEST CONTROL 09/11/2026 Regular 0.00 200.00 680 02986 SNL GROUP INC. 09/11/2026 Regular 0.00 16,919.77 681 03178 THATCHER COMPANY LB#1106 09/11/2026 Regular 0.00 8,543.58 682 03307 TYLER TECHNOLOGIES, INC. 09/11/2026 Regular 0.00 115.56 683 03383 VYVE 09/11/2026 Regular 0.00 2,099.40 684
03492 YREKA TRANSFER COMPANY 09/11/2026 Regular 0.00 2,374.98 685 Regular Checks
Manual Checks
Voided Checks
Discount
Payment
Payment Type Count
Bank Code Mechanics Bank Summary
Bank Drafts
EFT's
30 0
0 0
0 0.00
0.00 0.00
0.00 0.00
30 0.00
Payment
110,675.30
0.00 0.00
0.00 0.00
110,675.30
Payable
Count
43 0
0 0
0 43
5 My Check Report Date Range: 08/29/2026 - 09/11/2026
9/14/2026 10:36:23 AM Page 2 of 2
All Bank Codes Check Summary
Payment Type Discount
Payment
Count Payment
Payable
Count
Regular Checks
Manual Checks
Voided Checks
Bank Drafts
EFT's
30 0
0 0
0 0.00
0.00 0.00
0.00 0.00
30 0.00
110,675.30
0.00 0.00
0.00 0.00
110,675.30
43 0
0 0
0 43
Fund Name Period Amount
Fund Summary
98 Pooled Cash 9/2026 110,675.30
110,675.30
6 CITY OF DUNSMUIR STAFF
REPORT TO CITY COUNCIL
Re. :Conditional Use Permit
Application
SEPTEMBER 17
TH
, 2026
APPLICANT:
PROPERTY OWNER:
PROJECT SUMMARY:
PROJECT LOCATION:
GENERAL PLAN:
ZONING:
EXISTING USE:
ENVIRONMENTAL:
RECOMMENDATION:
ATTACHMENTS:
Damandeep Singh Randhawa
9695 Twin Creek Lane
Redding, CA 96073
Dennis and Suzanne Meredith
Appeal of Planning Commission denial of the Requested conditional use permit for retail cannabis sales to include minor interior and exterior alterations. 5838 Dunsmuir Avenue, Dunsmuir CA; 058-113-070
Mixed Use
Town Center (TC)
Vacant commercial building space
Categorically Exempt for the California Environmental Quality Act (CEQA), pursuant to sections 15301, 15332, and 15061(b)(3) of the CEQA Guidelines.
Approval of cannabis retail sales with conditions.
A: Draft Resolution 2026-17
B: Conditions of Approval dated August 20, 2026
C: Floor plan
D: Adopted Ordinance
E: State Law excerpts – MAUCRSA & H&S Code 11353.1 (Definitions) 7 BACKGROUND
At the August 20, 2026 City Council hearing, the Council closed the public hearing but requested additional clarification regarding the basis for staff’s original recommendation of approval, specifically related to buffer requirements and whether the Community Resource Center was intended to be treated as a protected use under the City’s cannabis ordinance.
Staff’s Basis for Recommending Approval
Lack of Local Definitions for “Sensitive Uses”
The Dunsmuir Municipal Code does not define the Community Resource Center, nor does it classify it as a sensitive or protected use requiring a buffer from cannabis retail operations. The ordinance identifies only the following as protected uses requiring separation:
• Schools
• Licensed daycare centers
• Youth centers
No additional categories—such as community centers, public parks, or general social-service facilities—were included in the adopted ordinance.
Because the ordinance lacked a definition or classification for the Community Resource Center, staff relied on state law (MAUCRSA and Health & Safety Code §11353.1) for guidance. Under state law, the Community Resource Center does not meet the criteria for a youth center or any other protected use requiring a buffer. The Resource Center is a tenant-operated nonprofit offering general community services (food pantry, classes, small garden/play area). It is not licensed, not operated by a public agency, and not recognized under state law as a youth-serving facility.
Review of Legislative Intent in Local Ordinance Adoption At Council’s request, staff conducted a full review of the legislative history of the cannabis ordinance, including:
• Minutes from the Planning Commission hearing where the ordinance was introduced • Minutes from the City Council hearing where the ordinance was adopted • The audio recording of the adoption hearing
Across all sources, staff found no evidence that the Council intended the Community Resource Center—or similar facilities—to be treated as protected uses requiring buffers. No discussion, reference, or suggestion was made regarding expanding sensitive-use categories beyond those listed in the ordinance.
Therefore, staff concluded that the ordinance was intentionally narrow and that the Resource Center was not intended to trigger buffer requirements.
Summary of Public Hearings to Date
8 • July 8, 2026 – Planning Commission Hearing: Public comment was provided exclusively by individuals associated with or supportive of the Community Resource Center. All comments expressed opposition to the proposed cannabis business based on proximity concerns. The Commission denied the application based solely on these public comments, despite the lack of ordinance language supporting a buffer requirement. • August 20, 2026 – City Council Appeal Hearing: The Council received public comment again from supporters of the Resource Center. After discussion, the Council closed the public hearing but requested additional information regarding ordinance intent and buffer requirements before making a final decision.
GENERAL PLAN CONSISTENCY
The site is designated General Commercial (GC) and lies within the Dunsmuir Historic Commercial District.
Relevant policies include:
• Policy LU-4.1: Ensure compatibility with existing uses • Implementation LU-4.1.3: Add conditions to support compatibility • Implementation HP-1.1.1: Enforce Historic Preservation standards The project has been found compatible with existing uses if odors are contained and operations comply with regulations.
ZONING CONSISTENCY
DMC 17.108.050 allows cannabis retail in the T-C zone with a use permit.
Key operational standards (DMC 5.05.130) include:
• Security monitoring
• Video retention
• Testing, labeling, storage compliance
• Water, electrical, plumbing standards
• Track-and-trace participation
• Insurance
• Alarm monitoring
• Abandonment provisions
Odor control requirement (DMC 5.05.060): Facilities must prevent any detectable cannabis odor outside the building.
Separation requirements (DMC 5.05.040):
• 600 ft from schools, daycares, youth centers, parks
• 100 ft from library, children’s park, football field, community building, pool Staff can confirm the site meets all above separation requirements.
CEQA RECOMMENDATION
Project is categorically exempt under:
9 • 15301 – Existing Facilities
• 15332 – Infill Development
Conditions met include:
• Consistency with General Plan
• Site < 5 acres, surrounded by urban uses
• No habitat value
• No significant traffic/noise/air/water impacts
• Adequate utilities and services
STAFF RECOMMENDATION
Approve the Conditional Use Permit with conditions, including:
• Compliance with all laws
• Odor control
• Security plan
• Designated contact persons
• Signage review if applicable
• Building permits for any/all proposed work
• Indemnification of the City
• Timelines for state licensing and cannabis business permit Recommendation:
Adoption of recommended findings, CEQA exemptions and Resolution 2026-17, and approve the request for retail cannabis dispensary with modifications within a historical district with conditions of approval.
Required Findings for Approval:
a) Find that the project, as conditioned, is exempt from CEQA per sections 15301, 15332, and 15061(b)(3) of the CEQA Guidelines.
b) Find that the proposed project, as conditioned, will not result in any significant adverse effects on the environment.
c) Find that, as conditioned, approval of the cannabis retail storefront is consistent with the provisions of Title 17 (zoning) of the Dunsmuir Municipal Code 17.88.060(A) as well as the goals and land use policies of the current 2006 Dunsmuir General Plan.
d) Find that the project, as conditioned, is compatible with surrounding land uses and would not be detrimental to the health, safety, and general welfare of the residents of the City of Dunsmuir. 10 CLOSING SUMMARY
Staff recommended approval because the application met all objective standards in both state law and the Dunsmuir Municipal Code. The adjacent Community Resource Center is not classified as a sensitive use, and staff found no legislative intent indicating it should be treated as one.
The Planning Commission’s denial was based on public sentiment, not on the adopted regulatory framework. Staff’s recommendation remains grounded in the ordinance as written and in applicable state definitions.
SUGGESTED MOTION
Move that The City Council hereby grants the appeal, overturns the Planning Commission’s denial, and adopt the findings that the proposed project as conditioned is exempt from CEQA, will not have a significant adverse effect on the environment, that it is consistent with Title 17 of the Dunsmuir Municipal Code and Dunsmuir General Plan, and is compatible with surrounding land uses, and that we adopt Resolution 2026-17 approving the Dunsmuir Cannabis Company conditional use permit located at 5838 Dunsmuir Avenue, subject to the conditions of approval attached as Exhibit A.
11 RESOLUTION 2026-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUNSMUIR GRANTS THE APPEAL, OVERTURNS THE PLANNING COMMISSION’S DENIAL, APPROVING THE DUNSMUIR CANNABIS COMPANY CONDITIONAL USE PERMIT FOR 5838 DUNSMUIR AVENUE (APN 058-113-070)
WHEREAS, Dunsmuir Municipal Code Section 17.108.050 permits storefront retail sales of commercial cannabis in the Town Center (T-C) subject to obtaining a use permit; and WHEREAS, Damandeep Randhawa has applied for a use permit for 5838 Dunsmuir Avenue for the purpose of establishing a storefront commercial cannabis retail store within a tenant space; and
WHEREAS, the proposed use is consistent with zoning regulations and the applicable policies of the City of Dunsmuir General Plan; and
WHEREAS, as proposed and conditioned, the establishment, maintenance and operation of the proposed use will not, under the circumstances of the particular case, be materially detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be materially detrimental to property or improvements in the neighborhood or to the general welfare of the city; and WHEREAS, the project is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15301, 15332, and 15061(b)(3) of the CEQA Guidelines because the project entails use of an existing private facility, consists of infill development, and because CEQA only applies to projects that have the potential for causing a significant environmental effect on the environment; and
WHEREAS, staff presented oral and written staff reports on the Dunsmuir Cannabis Company’s use permit at a regular meeting of the City Council on August 20, 2026; and WHEREAS, staff recommended that the City Council approve the Dunsmuir Cannabis Company’s use permit application subject to the findings and conditions of approval included in the staff report dated September 17, 2026, and incorporated herein; and WHEREAS, on September 17, the Mayor of the Dunsmuir City Council opened the public hearing on the Dunsmuir Cannabis Company’s use permit application to receive public testimony, following which the mayor closed the public hearing and the City Council discussed the application prior to reaching its decision. 12 NOW, THEREFORE, BE IT RESOLVED that the City Council adopts the recommended findings set forth in the written staff report dated September 17, 2026, and incorporated herein above; and
BE IT FURTHER RESOLVED that the City Council, based on the evidence in the record, including the findings set forth in the written staff report dated September 17, 2026, and incorporated herein above, grants the appeal, overturns the Planning Commission denial and approves the Dunsmuir Cannabis Company’s use permit subject to the conditions of approval included in Exhibit A to this resolution.
IT IS HEREBY CERTIFIED that the foregoing Resolution 2026-17 was duly adopted on a motion by Council Member __________ and seconded by Council Member __________ at a regular meeting of the City of Dunsmuir City Council held on the 17th day of September 2026, by the following vote:
AYES: NOES: ABSENT: ABSTAIN:
CITY OF DUNSMUIR,
Mayor _________________________.
WITNESS, my hand and seal this 17th day of September 2026 _______________________________
Wendy Perkins, Deputy City Clerk
13 DUNSMUIR CANNABIS CO. – CONDITIONS OF APPROVAL (September 17, 2026)
GENERAL CONDITIONS
1. If any land use for which a use permit has been granted and issued is not established within three years of the use permit’s effective date, the conditional use permit may become subject to revocation by the City of Dunsmuir.
2. Outside light fixtures associated with the project shall be designed to reflect away from any residential land uses, and to minimize glare and reflections onto adjoining properties.
3. Maintain the property in a manner consistent with the City of Dunsmuir’s Standards within the Town Center regulations found in Dunsmuir Municipal Code (DMC) 5.05 and 17.108.
4. The property owner(s) shall be required to establish and maintain solid waste collection services for the project provided by the franchised solid waste hauler, for the duration of the land use.
5. Retail cannabis operations to be in compliance with all State and local regulations, including the City of Dunsmuir Ordinance No. CC-558 at all times.
6. Any future signage shall comply with DMC Chapter 5.05, the Town Center zoning district standards, and the City’s sign regulations.
CONDITIONS TO BE MET PRIOR TO ISSUANCE OF BUILDING PERMIT(S)
7. All remodeling activities associated with the proposed retail cannabis operation shall be conducted in compliance with the State of California Building Codes and City of Dunsmuir Municipal Codes and regulations.
8. Submit a complete set of building plans for review by the City of Dunsmuir Building Department and obtain approval prior to commencement of work. (Note: Include installation of odor control systems in the design/remodel of the project, and obtain approval from the building department regarding the system)
CONDITIONS TO BE MET PRIOR TO FINAL OCCUPANCY & PERMIT TO OPERATE
9. Obtain approval of all required inspections as deemed necessary by the City of Dunsmuir Building Official.
10. Apply for and obtain approval for the permit to operate by the City of Dunsmuir.
11. Provide indemnification to the City of Dunsmuir prior to requesting final inspection (Note:
Final building inspection will not be provided until all documentation has been provided to the city)
14 12. The applicant shall submit a detailed Security Plan consistent with DMC 5.05.130 for review and approval by the City of Dunsmuir prior to issuance of a City Cannabis Business Permit.
The plan shall include video surveillance, alarm monitoring, secure storage, and all other required security measures.
13. The operator shall maintain the approved odor-control system in good working order at all times. No cannabis odor shall be detectable outside the building, consistent with DMC
5.05.060. Failure to maintain odor control may result in suspension or revocation of the use permit.
14. No on-site consumption of cannabis or cannabis products is permitted at any time. This includes smoking, vaping, ingestion, sampling, or any other form of consumption.
15. Hours of operation shall be limited to 8:00 a.m. to 10:00 p.m., seven days per week, unless otherwise approved by the City Manager or designee.
16. The operator shall provide the City with the name, phone number, and email of at least one responsible party who can respond to the site within 60 minutes, 24 hours a day, in the event of an emergency or operational issue.
17. The operator shall maintain full compliance with the State of California track-and-trace system (METRC) at all times. Records shall be made available to the City upon request.
18. If the cannabis retail use ceases operations for 90 consecutive days, the use shall be considered abandoned. Resumption of operations shall require review and approval by the City of Dunsmuir.
15 16
17 18
19 20
21 22
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25 26
27 28
29 30
31 Health and Safety Code section 11353.1
(a)
Notwithstanding any other provision of law, any person 18 years of age or over who is convicted of a violation of Section 11353, in addition to the punishment imposed for that conviction, shall receive an additional punishment as follows:
(1)
If the oƯense involved heroin, cocaine, cocaine base, or any analog of these substances and occurred upon the grounds of, or within, a church or synagogue, a playground, a public or private youth center, a child day care facility, or a public swimming pool, during hours in which the facility is open for business, classes, or school-related programs, or at any time when minors are using the facility, the defendant shall, as a full and separately served enhancement to any other enhancement provided in paragraph (3), be punished by imprisonment in the state prison for one year.
(2)
If the oƯense involved heroin, cocaine, cocaine base, or any analog of these substances and occurred upon, or within 1,000 feet of, the grounds of any public or private elementary, vocational, junior high, or high school, during hours that the school is open for classes or school-related programs, or at any time when minors are using the facility where the oƯense occurs, the defendant shall, as a full and separately served enhancement to any other enhancement provided in paragraph (3), be punished by imprisonment in the state prison for two years.
(3)
If the oƯense involved a minor who is at least four years younger than the defendant, the defendant shall, as a full and separately served enhancement to any other enhancement provided in this subdivision, be punished by imprisonment in the state prison for one, two, or three years, at the discretion of the court. (b)
The additional punishment provided in this section shall not be imposed unless the allegation is charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact. (c)
The additional punishment provided in this section shall be in addition to any other punishment provided by law and shall not be limited by any other provision of law. (d)
Notwithstanding any other provision of law, the court may strike the additional punishment provided for in this section if it determines that there are circumstances in mitigation of the additional punishment and states on the record its reasons for striking the additional punishment. (e)
As used in this section the following definitions shall apply:
32 (1)
“Playground” means any park or recreational area specifically designed to be used by children which has play equipment installed, including public grounds designed for athletic activities such as baseball, football, soccer, or basketball, or any similar facility located on public or private school grounds, or on city, county, or state parks.
(2)
“Youth center” means any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities. (3)
“Video arcade” means any premises where 10 or more video game machines or devices are operated, and where minors are legally permitted to conduct business. (4)
“Video game machine” means any mechanical amusement device, which is characterized by the use of a cathode ray tube display and which, upon the insertion of a coin, slug, or token in any slot or receptacle attached to, or connected to, the machine, may be operated for use as a game, contest, or amusement. (5)
“Within 1,000 feet of the grounds of any public or private elementary, vocational, junior high, or high school” means any public area or business establishment where minors are legally permitted to conduct business which is located within 1,000 feet of any public or private elementary, vocational, junior high, or high school. (6)
“Child day care facility” has the meaning specified in Section 1596.750. 33