HomeMy WebLinkAboutCC Ord 1651 2016-03-14 ORDINANCE NO. 1651
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:
"Chapter 11.4.100
Medical marijuana
11.4.100.005 Definitions.
11.4.100.010 Prohibition.
11.4.100.015 Civil Penalties.
Otarr
11.4.100.005 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
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
.M. 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.
Ordinance Number 1651
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
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 14th day of March, 2016.
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Sandra Massa-Lavitt, Mayor
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Pi
obin L. Roberts, City Clerk t
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Ordinance Number 1651
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 was introduced for first reading at a regular meeting held on the
25th day of January 2016, was read and approved at a regular meeting held on
February 8th, 2016, and passed, approved and adopted by the City Council of the City
of Seal Beach at a regular meeting held on March 14, 2016 by the following vote:
AYES: Council Member(s) Deaton, Sloan, Varipapa, Miller, Massa-Lavitt
NOES: Council Member(s) None
ABSENT: Council Member(s) None
ABSTAIN: Council Member(s) None
and do hereby further certify that Ordinance Number 1651 has been published
pursu-1 t t• e l Beach City Charter and Resolution Number 2836.
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Robin L. Roberts, City Clerk
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