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Home My WebLink AboutPC Res 16-01 - 2016-01-04RESOLUTION NO. 16 -1 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION RECOMMENDING ADOPTION OF ZONE TEXT AMENDMENT 15 -4 TO PROHIBIT THE CULTIVATION OF MEDICAL MARIJUANA IN ALL ZONES THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE Section 1. On January 4, 2016 the Planning Commission held a duly noticed public hearing to consider Zone Text Amendment 15 -4, which would add Chapter 11.4.100 to Part IV of Title 11 of the Seal Beach Municipal Code to prohibit the cultivation of marijuana in all zones in the City as set forth in the draft ordinance included as Exhibit "A ". Section 2. There is no environmental impact related to this item. Pursuant to the California Environmental Quality Act ( "CEQA "), the Planning Department has determined that the proposed prohibition on the cultivation of medical marijuana is exempt from the requirements of CEQA and the City's CEQA Guidelines pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed prohibition on marijuana cultivation within the City's jurisdiction will have a significant effect on the environment. The draft ordinance imposes greater limitations on uses and activities allowed in the City, and will thereby serve to eliminate potential significant adverse environmental impacts. The ordinance will not have an impact on the physical environment as they will not result in any changes to the environment. Section 3. The Planning Commission recommends that the City Council adopt Zone Text Amendment 15 -4. PASSED, APPROVED AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on January 4, 2015 by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Esther Cummings A T ST: Chairperson Jim Basham Pinning Commission Secretary Page 1 of 1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADDING CHAPTER 11.4.100 TO PART IV OF TITLE 11 OF THE SEAL BEACH MUNICIPAL CODE TO PROHIBIT THE CULTIVATION OF MARIJUANA IN ALL ZONES IN THE CITY The City Council of the City of Seal Beach hereby ordains as follows: Section 1. The City has initiated amendments to the Seal Beach Municipal Code to prohibit cultivation of medical marijuana in all zones in the City ( "Code Amendments "). Since 2008, the City has prohibited medical marijuana dispensaries, and wants to expressly prohibit cultivation of medical marijuana activity anywhere in the City. Section 2. On January 4, 2016, the Planning Commission conducted a duly noticed public hearing regarding the proposed Code Amendments, and following the receipt of public testimony, closed the hearing and adopted Resolution No. 16 -1, recommending that the City Council adopt the proposed Code Amendments prohibiting marijuana cultivation in all zones in the City. Section 3. Chapter 11.4.100 (Medical Marijuana) is added to Part IV (Regulations Applying in Some or All Districts) of Title 11 (Zoning) of the Seal Beach Municipal Code to read as follows: 11.4.100.005 11.4.100.010 11.4.100.015 11.4.100.005 "Chapter 11.4.100 Medical marijuana Definitions. Prohibition. Civil Penalties. Definitions. For purposes of this section, the following words and phrases shall mean: A. "Cultivation ": shall have the same meaning as set forth in California Business and Professions Code Section 19300.5(1), as the same may be amended from time to time, and shall include any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana. B. "Medical Marijuana ": shall have the same meaning as "cannabis" as set forth in the Business and Professions Code section 19300.5(f), as the same may be amended from time to time, and shall include all parts of the plant cannabis sativa Ordinance Number linnaeus, cannabis indica, or cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Marijuana" also means the separated resin, whether crude or purified, obtained from marijuana. "Marijuana" also means marijuana as defined by Section 11018 of the Health and Safety Code. "Marijuana" also means "medical marijuana" as defined by Seal Beach Municipal Code section 5.70.025(B)(2). For the purpose of this Ordinance, "marijuana" does not mean "industrial hemp" as defined by Section 81000 of the Food and Agricultural Code or Section 11018.5 of the Health and Safety Code. 11.4.100.010 Prohibition. The cultivation of marijuana for commercial or non - commercial purposes is expressly prohibited in all zones and all specific plan areas in the City. 11.4.100.015 Civil Penalties. In addition to any other enforcement permitted by Municipal Code Chapter 1. 15, the City Attorney may bring a civil action for injunctive relief and civil penalties against any person or entity that violates this Section. In any civil action brought pursuant to this Section, a court of competent jurisdiction may award reasonable attorneys fees and costs to the prevailing party. No provision of Chapter 1.15 shall authorize a criminal prosecution or arrest prohibited by Health and Safety Code section 11362.71 et seq." Section 4. CEQA. There is no environmental impact related to this item. Pursuant to the California Environmental Quality Act ( "CEQA "), the Planning Department has determined that the proposed prohibition on the cultivation of medical marijuana is exempt from the requirements of CEQA and the City's CEQA Guidelines pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed prohibition on marijuana cultivation within the City's jurisdiction will have a significant effect on the environment. The urgency ordinance imposes greater limitations on uses and activities allowed in the City, and will thereby serve to eliminate potential significant adverse environmental impacts. The urgency ordinance will not have an impact on the physical environment as they will not result in any changes to the environment. Section 5. Severability. If any sentence, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each sentence, clause or phrase thereof irrespective of the fact that any one or more sentence, clauses or phrases be declared unconstitutional or otherwise invalid. Section 6. Savings Clause. Neither the adoption of this Ordinance nor the repeal or amendment by this Ordinance of any ordinance or part or portion of any ordinance previously in effect in the City or within the territory comprising the City, shall Ordinance Number in any manner affect the prosecution for the violation of any ordinance, which violation was committed prior to the effective date of this Ordinance, nor be construed as a waiver of any license, fee or penalty or the penal provisions applicable to any violation of such ordinances. Section 7. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance to be published within 15 days after its passage, in accordance with Section 36933 of the Government Code. Section 8. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the 31st day after its passage. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the day of , 2016. Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } ss CITY OF SEAL BEACH } I, Robin Roberts, City Clerk of the City of Seal Beach, do hereby certify that the foregoing ordinance is an original copy of Ordinance Number _ on file in the office of the City Clerk, passed, approved and adopted by the City Council of the City of Seal Beach, pursuant to the City Charter and Government Code § 36967(b), at a meeting held on the _day of , 2016 by the following vote: AYES: Council Member(s) NOES: Council Member(s) ABSENT: Council Member(s) ABSTAIN: Council Member(s) and do hereby further certify that Ordinance Number has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. City Clerk 3