ATTACHMENT 1
ORDINANCE NO. 1473
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MARYSVILLE, CALIFORNIA, AMENDING SECTION 18.67.030 OF THE MARYSVILLE MUNICIPAL
CODE PERTAINING TO ZONING REQUIREMENTS FOR COMMERCIAL CANNABIS BUSINESSES TO PROVIDE CONSISTENCY WITH THE 2050 GENERAL PLAN AND
THE DOWNTOWN MARYSVILLE SPECIFIC PLAN
WHEREAS, the City of Marysville is a Charter City and, in accordance with Article XI, Section 5, subdivision (a) of the California Constitution, is empowered to make and enforce all ordinances and regulations with respect to its municipal affairs; and WHEREAS, Section 6 of the City of Marysville’s Charter empowers the City to make and enforce all laws and regulations with respect to its municipal affairs; and WHEREAS, Chapter 18.67 of the Marysville Municipal Code, titled “Commercial Cannabis Activity,” establishes the local regulatory framework for commercial cannabis businesses within the City, including the zoning and location requirements applicable to such businesses; and
WHEREAS, Section 18.67.030(a)(2) of the Marysville Municipal Code currently provides that a commercial cannabis business shall not be located within five hundred (500) feet of any residential use, residential area, or residential zone; and WHEREAS, on November 7, 2025, the City Council of the City of Marysville adopted the Marysville 2050 General Plan Update and the Downtown Marysville Specific Plan, which together establish updated land use policies, classifications, and zoning designations applicable to property throughout the City; and WHEREAS, the Marysville 2050 General Plan Update and the Downtown Marysville Specific Plan now allow residential uses in most zone districts in the City, including the Downtown Mixed-Use (DMU), B Street Corridor (B), Commercial Mixed-Use (CMU), Medical Arts (ME), Mixed-Use Corridor (MU-C), and Mixed-Use Neighborhood (MU-N) Land Use Zones, as well as the C-1, C-2, C-3, and C-H commercial zone districts, in order to expand housing opportunities, encourage infill development, and implement the goals of the SACOG Green Means Go program and the City’s Housing Element; and WHEREAS, because residential uses are now allowed in most zone districts in the City, the existing five-hundred-foot buffer set forth in Section 18.67.030(a)(2), measured from any residential use, residential area, or residential zone, has the unintended effect of precluding commercial cannabis businesses from locating in virtually all areas of the City in which such businesses would otherwise be conditionally permitted, thereby creating a direct conflict between Chapter 18.67 of the Marysville Municipal Code and the Marysville 2050 General Plan and the Downtown Marysville Specific Plan; and WHEREAS, pursuant to California Government Code Section 65860, the City’s zoning regulations are required to be consistent with the City’s General Plan and any applicable specific plan; and
WHEREAS, the purpose of this Ordinance is to correct the zoning code to be compliant with the Marysville 2050 General Plan Update and the Downtown Marysville Specific Plan adopted on November 7, 2025, which now allow residential uses in most zone districts in the City, by amending the residential-buffer provision of Section
18.67.030(a)(2) so that the buffer applies only to property located within the City’s single-family and two-family residential (R-1 and R-2) zone districts, while preserving the City’s ability to regulate the location of commercial cannabis businesses in a manner that protects the public health, safety, and welfare; and WHEREAS, the City Council further finds that the Neighborhood Apartment Residential (R-3) and General Apartment (R-4) zone districts are intended to accommodate medium- and higher-density, multiple-family residential development and are functionally and physically more comparable to the mixed-use and commercial zone districts in which residential uses are also permitted than to the lower-density singlefamily and two-family residential (R-1 and R-2) zone districts, and that, consistent with the purpose of this Ordinance, the R-3 and R-4 zone districts shall therefore not trigger the five-hundred-foot buffer set forth in Section 18.67.030(a)(2); and WHEREAS, all other buffer requirements set forth in Section 18.67.030(a), including those applicable to schools, preschools, licensed childcare facilities, youth centers, libraries, and adult businesses, are unaffected by this Ordinance and shall remain in full force and effect; and
WHEREAS, the Planning and Historic Preservation Commission of the City of Marysville conducted a duly noticed public hearing on this Ordinance and has recommended that the City Council adopt the same; and
WHEREAS, the City Council finds that this Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines (Common Sense Exemption), in that it can be seen with certainty that there is no possibility that the amendment to Section 18.67.030(a)(2) of the Marysville Municipal Code may have a significant effect on the environment, and pursuant to Section 15305 of the CEQA Guidelines (Minor Alterations in Land Use Limitations); and WHEREAS, the City Council has duly considered all evidence, including the recommendation of the Planning and Historic Preservation Commission, the staff report, supporting documents, and all public testimony presented at the duly noticed public hearing on this Ordinance.
NOW, THEREFORE, the City Council of the City of Marysville does ordain as follows:
SECTION 1. Section 18.67.030(a)(2) of the Marysville Municipal Code is amended to read in its entirety as follows:
18.67.030 Conditionally permitted use.
(a) Commercial cannabis businesses shall be conditionally permitted on appropriately zoned lots/locations within the city so long as:
(2) Such lot/location is not within five hundred (500) feet of any lot located within the R-1 or R-2 residential zone district. For purposes of this subsection, the five-hundred-foot buffer shall be measured from the nearest property line of the proposed commercial cannabis business to the nearest property line of any lot located within the R-1 or R-2 residential zone district. The presence of a residential use, residential unit, or residentially designated land use within any other zone district, including but not limited to the R-3 Neighborhood Apartment Residential zone district, the R-4 General Apartment zone district, or the Downtown MixedUse (DMU), B Street Corridor (B), Commercial Mixed-Use (CMU), Medical Arts (ME), Mixed-Use Corridor (MU-C), Mixed-Use Neighborhood (MU-N), C-1, C-2, C-3, C-H, M-L, M-1, or M-2 zone districts, shall not trigger the five-hundred-foot buffer set forth in this subsection.
SECTION 2. All other provisions of Section 18.67.030 of the Marysville Municipal Code, and all other provisions of Chapter 18.67, not specifically amended by this Ordinance shall remain in full force and effect.
SECTION 3. Severability.
If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City of Marysville hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof.
SECTION 4. Effective Date.
This Ordinance shall take effect thirty (30) days after its adoption by the Marysville City Council.
The foregoing Ordinance is passed by the City Council of the City of Marysville on the 7th day of July, 2026 by the following votes:
Ayes:
Noes:
Absent:
Abstain:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 7th day of July, 2026.
CITY OF MARYSVILLE, CALIFORNIA
By its City Council
By: ________________________________
Chris Branscum, Mayor
By: _____________________________
Maggie Sanchez, City Clerk
Attestation Date: __________________