HomeMy WebLinkAboutItem 3TO:
FROM:
MEETING DATE:
SUBJECT:
LOCATION:
PLANNING COMMISSION
STAFF REPORT
Planning Commission
Director of Community Development
January 17, 2017
PUBLIC HEARING
ITEM NUMBER
3
PROPOSED ORDINANCE (ZONE TEXT
AMENDMENT (ZTA) 17 -1, CONSIDERATION OF
AN ORDINANCE OF THE CITY OF SEAL BEACH
AMENDING CHAPTER 11.4.100 (MEDICAL
MARIJUANA) OF PART IV, AMENDING TABLE
11.2.05.010 AND TABLE 11.2.10.010 OF PART II
OF TITLE II OF THE SEAL BEACH MUNICIPAL
CODE TO RETAIN EXISTING PROHIBITIONS ON
MEDICAL MARIJUANA, TO PROHIBIT ALL
MARIJUANA USES, AND TO PROHIBIT
MARIJUANA CULTIVATION WITH LIMITED
EXCEPTIONS FOR INDOOR CULTIVATION IN
PRIVATE RESIDENCES, IN ALL ZONING
DISTRICTS AND SPECIFIC PLAN AREAS OF THE
CITY, AND MAKING A FINDING OF EXEMPTION
FROM CEQA UNDER CEQA GUIDELINES
SECTION 15061(b)(3)
CITYWIDE
RECOMMENDATION: That the Planning Commission hold a public hearing
regarding Zone Text Amendment (ZTA) 17 -1, as set
forth in the proposed Ordinance, and after
considering all evidence and testimony presented
adopt the draft Resolution No. 17 -2 recommending
approval of the proposed Ordinance to the City
Council, prohibiting all marijuana uses, prohibiting all
marijuana cultivation with limited exceptions for
indoor cultivation in private residences, in all zoning
districts and specific plan areas in the City.
2o3osss -1
Zone Text Amendment (ZTA) 17 -1
Commercial Marijuana and Indoor Marijuana Cultivation
ENVIRONMENTAL ASSESSMENT:
Pursuant to the California Environmental Quality Act , Pub. Res. Code § 21000 et seq.,
( "CEQA ") and the State CEQA Guidelines, 14 C.C.R. § 15000 et seq., the Planning
Department has determined that proposed Ordinance No. xxxx (Zone Text Amendment 17-
1) is exempt from review under CEQA and the State 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 all marijuana uses and all outdoor marijuana
cultivation, and all indoor cultivation with limited exceptions for indoor cultivation in private
residences, within the City's jurisdiction will have a significant effect on the environment.
The proposed ordinance imposes greater limitations on uses and activities allowed in the
City, and will thereby serve to eliminate potential significant adverse environmental
impacts. The proposed ordinance will not have an impact on the physical environment as
they will not result in any changes to the environment. The proposed project is an
administrative process of the City that will not result in direct or indirect physical changes in
the environment.
LEGAL NOTIFICATION:
Legal notice of the Public Hearing was published in the Sun on Thursday, January 5, 2017.
An affidavit of publication is on file.
Zone Text Amendment (ZTA) 17 -1
Commercial Marijuana and Indoor Marijuana Cultivation
BACKGROUND:
A. Regulation of Medical Marijuana
In 1996, the voters of the State of California approved Proposition 215 entitled 'The
Compassionate Use Act of 1996" ( "CUA ") to enable seriously ill Californians, under the
care of a physician, to legally possess, use, and cultivate marijuana for medical use under
state law. In 2003, the California Legislature adopted SB 420, entitled the Medical
Marijuana Program ( "MMP "), which permits qualified patients and their primary caregivers
to associate collectively or cooperatively to cultivate marijuana for medical purposes
without being subject to criminal prosecution under the California Penal Code. Neitherthe
CUA nor the MMP required or imposed an affirmative duty or mandate upon a local
government to allow, authorize, or sanction the establishment of facilities that cultivate
medical marijuana within its jurisdiction.
In 2015, Governor Brown signed into law the Medical Marijuana Regulation and Safety Act
( "MMRSA ") which is comprised of three related bills: Assembly Bill 243, Assembly Bill 266,
and Senate Bill 643. The MMRSA established licensing requirements for the cultivation,
distribution, and transportation of medical marijuana, safety and testing standards for
medical marijuana and medical marijuana products, and regulates the physicians who
recommend or prescribe medical marijuana to patients. The MMRSA contained statutory
provisions that allow local governments to maintain local control over medical marijuana
and did not require a city to allow medical marijuana activity within its borders.
Following the adoption of the MMRSA, in early 2016 the City enacted several ordinances to
address medical marijuana. On January 11, 2016, the City Council adopted Ordinance No.
1650, an urgency ordinance that prohibited the cultivation of marijuana in all zones in the
City pending consideration of permanent amendments to the Municipal and Zoning Codes
to address medical marijuana. Subsequently, the City Council adopted Ordinance No.
1651, which added Chapter 11.4. 100 to Part IV of Title 11 of the Municipal Code to prohibit
the cultivation of commercial and non - commercial marijuana in all zones in the City. By
separate ordinance, Ordinance No. 1652, the City Council also amended Chapter 5 of the
Municipal Code to add Section 5.70.025, which prohibits all medical marijuana
dispensaries, mobile marijuana dispensaries, and medical marijuana deliveries in the City,
and prohibits issuance of any business licenses for such businesses.
B. The Control, Regulate and Tax Adult Use of Marijuana Act of 2016
At the November 8, 2016 election, an initiative measure known as the "Control, Regulate
and Tax Adult Use of Marijuana Act" ( "the AUMA ", or "Proposition 64 ") was approved by a
majority of California voters. As a result of the approval of the AUMA, it is now legal for
persons 21 years of age or older to: smoke or ingest marijuana or marijuana products;
possess, process, transport, purchase, obtain, or give away to persons 21 years of age or
older 28.5 grams (one ounce) of marijuana, or 8 grams of concentrated marijuana; and
possess, plant, cultivate, harvest, dry or process up to six (6) marijuana plants for personal
use in, or upon the grounds of, a private residence.
Zone Text Amendment (ZTA) 17 -1
Commercial Marijuana and Indoor Marijuana Cultivation
In addition, the AUMA also establishes a comprehensive system of State licensing to
regulate commercial marijuana activity, which will include recreational marijuana
dispensaries and commercial cultivation sites. The Bureau of Marijuana Control will be
responsible for (1) administering the Act, (2) developing standards and regulations
regarding commercial marijuana activity, and (3) performing licensing and disciplinary
functions. The Department of Consumer Affairs will license and oversee marijuana
retailers, distributors, and microbusinesses. The Department of Food and Agriculture will
license and oversee marijuana cultivation, ensuring that the marijuana is environmentally
safe. The Department of Public Health will license and oversee marijuana manufacturing
and testing, ensuring consumers receive a safe product. These agencies will begin issuing
licenses for marijuana pursuant to the Act by January 1, 2018. Under the AUMA, the
growth and sale of marijuana is taxed, and any local jurisdiction that decides to permit
commercial marijuana activities may also levy their own local taxes on recreational
marijuana activities, subject to voter approval.
California Business and Professions Code Section 26055(e) provides that a State licensing
authority shall not approve an application for a State license for commercial non - medical
marijuana activity if approval of the State license will violate the provisions of any local
ordinance.
The AUMA also permits cities to (1) adopt and enforce local ordinances to regulate non-
medical marijuana businesses, including, but not limited to, local zoning and land use
requirements, business license requirements, and requirements related to reducing
exposure to secondhand smoke, or (2) completely prohibit the establishment or operation
of one or more types of marijuana businesses within its jurisdiction.
The AUMA allows for the planting, cultivation, harvesting, drying and processing
( "cultivation activities ") of up to six (6) marijuana plants in, or upon the grounds of, a private
residence, as well as the possession of any marijuana produced by the plants. The AUMA
authorizes a city to enact and enforce an ordinance that reasonably regulates cultivation
activities, and to completely prohibit cultivation activities outdoors upon the grounds of a
private residence unless the California Attorney General determines that non - medical use
of marijuana is lawful in the State under Federal law.
ANALYSIS:
The proposed ordinance would update the Zoning Code to be consistent with the AUMA
with regard to non - medical marijuana, by adding prohibitions on all types of marijuana uses
as well as outdoor cultivation of marijuana in all zoning districts and specific plan areas in
the City, while allowing limited indoor cultivation of marijuana at private residences in
accordance with the requirements of the AUMA. Specifically, indoor cultivation would be
limited to no more than six (6) live plants. By separate ordinance to be set forth in Chapter
5.70, regarding business regulations, the code will set forth specific regulations outlining
the parameters for lawful indoor cultivation activities.
CONCLUSION:
Staff recommends that the Planning Commission hold a public hearing regarding the
Zone Text Amendment (ZTA) 17 -1
Commercial Marijuana and Indoor Marijuana Cultivation
proposed Ordinance (Zone Text Amendment.17 -1)
testimony presented adopt the draft Resolution No
proposed Ordinance (Zone Text Amendment 17 -1.
Prepared by:
Amy Greyson
Assistant City Attorney
Q
Attachments:
1. Resolution No. 17 -02
Exhibit A: Proposed Ordinance
er considering all evidence and
recommending approval of the
of Community Development
RESOLUTION NO. 17 -2
A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION
RECOMMENDING ADOPTION OF ZONE TEXT AMENDMENT 17 -1
AMENDING CHAPTER 11.4.100 (MEDICAL MARIJUANA) OF PART
IV, AMENDING TABLE 11.2.05.010 AND TABLE 11.2.10.010 OF
PART II OF TITLE 11 OF THE SEAL BEACH MUNICIPAL CODE TO
RETAIN EXISTING PROHIBITIONS ON MEDICAL MARIJUANA, TO
PROHIBIT ALL OTHER MARIJUANA USES, AND TO PROHIBIT
MARIJUANA CULTIVATION, WITH LIMITED EXCEPTIONS FOR
INDOOR CULTIVATION IN PRIVATE RESIDENCES, IN ALL ZONING
DISTRICTS AND SPECIFIC PLAN AREAS IN THE CITY, AND
MAKING A FINDING OF EXEMPTION FROM CEQA UNDER
SECTION 15061(b)(3) OF THE CEQA GUIDELINES
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
FIND AND RESOLVE
Section 1. On January 17, 2017 the Planning Commission held a duly noticed
public hearing to consider Zone Text Amendment 17 -1, which would amend Title 11
Chapter 11.4.100 (Medical Marijuana) of Part IV, amending Table 11.2.05.010 and
Table 11.2.10.010 of Part II OF TITLE II OF THE SEAL BEACH MUNICIPAL CODE TO
RETAIN EXISTING PROHIBITIONS ON MEDICAL MARIJUANA, TO PROHIBIT ALL
MARIJUANA USES, AND TO PROHIBIT MARIJUANA CULTIVATION WITH LIMITED
EXCEPTIONS FOR INDOOR CULTIVATION IN PRIVATE RESIDENCES, IN ALL
ZONING DISTRICTS AND SPECIFIC PLAN AREAS OF THE CITY as set forth in the
draft ordinance included as Exhibit "A ".
Section 2. Pursuant to the California Environmental Quality Act, Public
Resources Code § 21000 et seq., ( "CEQA ") and the State CEQA Guidelines, 14 C.C.R.
§ 15000 et seq., the Planning Department has determined that the proposed Ordinance
(Zone Text Amendment 17 -1) is exempt from review under CEQA and the State 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 all marijuana
uses and all outdoor marijuana cultivation, and all indoor cultivation with limited
exceptions for indoor cultivation in private residences, within the City's jurisdiction will
have a significant effect on the environment. The proposed ordinance imposes greater
limitations on uses and activities allowed in the City, and will thereby serve to eliminate
potential significant adverse environmental impacts. The proposed ordinance will not
have an impact on the physical environment as they will not result in any changes to the
environment. The proposed project is an administrative process of the City that will not
result in direct or indirect physical changes in the environment.
Section 3. The Planning Commission recommends that the City Council adopt
Zone Text Amendment 17 -1.
PASSED, APPROVED AND ADOPTED by the Seal Beach Planning
Commission at a meeting thereof held on January 17, 2017 by the following vote:
AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
ATTEST:
Jim Basham
Planning Commission Secretary
0j
Chairperson
EXHIBIT A
DRAFT ORDINANCE
ZONE TEXT AMENDMENT 17 -1
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH AMENDING CHAPTER 11.4.100 (MEDICAL MARIJUANA)
OF PART IV, AMENDING TABLE 11.2.05.010 AND TABLE
11.2.10.010 OF PART II OF TITLE 11 OF THE SEAL BEACH
MUNICIPAL CODE TO RETAIN EXISTING PROHIBITIONS ON
MEDICAL MARIJUANA, TO PROHIBIT ALL OTHER MARIJUANA
USES, AND TO PROHIBIT MARIJUANA CULTIVATION, WITH
LIMITED EXCEPTIONS FOR INDOOR CULTIVATION IN PRIVATE
RESIDENCES, IN ALL ZONING DISTRICTS AND SPECIFIC PLAN
AREAS IN THE CITY, AND MAKING A FINDING OF EXEMPTION
FROM CEQA UNDER SECTION 15061(b)(3) OF THE CEQA
GUIDELINES
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS:
SECTION 1. Findings and Purpose.
A. The City of Seal Beach, California (the "City") is a charter city, duly
organized under the constitution and laws of the State of California.
B. On November 8, 2016, California voters approved the Control, Regulate
and Tax Adult Use of Marijuana Act ( "AUMA "). The AUMA creates a comprehensive
system to regulate commercial non - medical marijuana activity. To regulate commercial
use of non - medical marijuana, the AUMA adds Division 10 (Marijuana) to the Business
& Professions Code, Sections 26000 et seq., which grants State agencies the authority
to create, issue, renew, discipline, suspend, or revoke licenses for marijuana
businesses. The AUMA provides that the State shall begin issuing licenses to
marijuana businesses under Division 10 of the Business and Professions Code by
January 1, 2018.
C. California Business and Professions Code Section 26055(e) provides that
a State licensing authority shall not approve an application for a State license for
commercial non - medical marijuana activity if approval of the State license will violate
the provisions of any local ordinance.
D. The AUMA permits cities to (1) adopt and enforce local ordinances to
regulate non - medical marijuana businesses, including, but not limited to, local zoning
and land use requirements, business license requirements, and requirements related to
reducing exposure to secondhand smoke, or (2) completely prohibit the establishment
or operation of one or more types of marijuana businesses within its jurisdiction.
E. The AUMA allows for the planting, cultivation, harvesting, drying and
processing ( "cultivation activities ") of up to six (6) marijuana plants in or upon the
grounds of a private residence, as well as the possession of any marijuana produced by
4
the plants if secured in compliance with state law. The AUMA authorizes a city to enact
and enforce an ordinance that reasonably regulates cultivation activities, and to
completely prohibit cultivation activities outdoors upon the grounds of a private
residence unless the California Attorney General determines that non - medical use of
marijuana is lawful in the State under Federal law.
F. The Zoning Ordinance currently prohibits the cultivation of marijuana for
commercial or noncommercial purposes in all zones and all specific plan areas in the
City, pursuant to Chapter 11.4.100 (Medical Marijuana) of Part IV (Regulations Applying
in Some or All Districts) of Title 11 (Zoning) of the Seal Beach Municipal Code, as
enacted by Ordinance No. 1652. The City also currently prohibits all medical marijuana
dispensaries, mobile marijuana dispensaries, and marijuana deliveries, pursuant to
Section 5.70.025 (Medical Marijuana Dispensaries), of Chapter 5.70 (Miscellaneous
Business Regulations) of Title 5 (Business Licenses and Regulations) of the Seal Beach
Municipal Code, as enacted by Ordinance No. 1652.
G. The City has initiated amendments to the Seal Beach Municipal Code to
update its zoning provisions In light of the adoption of the AUMA, to prohibit the
establishment, operation or maintenance of all marijuana uses, all outdoor marijuana
cultivation, and all indoor marijuana cultivation with limited exceptions inside private
residences, in all zoning districts and specific plan areas in the City ( "Code
Amendments'), which shall be in addition to the existing prohibitions relating to medical
marijuana in the Code, to the extent not preempted by State law. Nothing in this
Ordinance shall preempt or make inapplicable any provision of State or Federal law.
H. The City Council finds that the prohibitions on all marijuana uses, and
outdoor marijuana cultivation, and the limited exception for indoor cultivation of
marijuana for personal use in private residences subject to compliance with state and
city regulations limiting indoor personal cultivation, are necessary for the preservation
and protection of the public health, safety, and welfare of the City and its community.
This ordinance is within the authority conferred upon the City Council by State law and
is an exercise of its police powers to enact and enforce regulations for the public
benefit, safety, and welfare of the City and its community.
SECTION 2. Planning Commission Proceedings and Recommendation. On
January 17, 2017, 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. 17 -02, recommending that
the City Council adopt the proposed Code Amendments prohibiting all marijuana uses
and marijuana cultivation, with limited exceptions, in all zoning districts and specific plan
areas in the City, in a manner consistent with the AUMA.
SECTION 3. City Council Proceedings. On 2017, the City
Council of the City of Seal Beach held a duly- noticed public hearing on the proposed
Ordinance, at which time all persons interested in the proposed Ordinance had the
s
opportunity and did address the City Council on these matters. Following the receipt of
public testimony the City Council closed the public hearing.
SECTION 4. All legal prerequisites to the adoption of this Ordinance have
occurred.
SECTION 5. Chapter 11.4.100 (Medical Marijuana) of Part IV (Regulations
Applying in Some or All Districts) of Title 11 (Zoning) of the Seal Beach Municipal Code
is hereby amended in its entirety to read as follows (additions marked by underlining;
deletions marked by stFike
"Chapter 11.4.100
enrnirni RAARIjUANA, MARIJUANA USES
11.4.100.005 Definitions.
11.4.100.010 Prohib+iionProhibited uses.
11.4.100.015 Civil Pena Public nuisance.
11.4.100.020 Civil Penalties.
11.4.100.005 Definitions.
For purposes of this section, the following words and phrases shall mean:
A. `AUMA" means the Control Regulate and Tax Adult Use of Marijuana Act
approved by the voters on November 8 2016 as the same may be amended from time
to time.
B. "Commercial marijuana activity" includes the cultivation, possession.
manufacture distribution processing, storing laboratory testing labeling,
transportation delivery or sale of marijuana and /or marijuana products. "Commercial
mariivana activity" also includes the activities of any business licensed by the State or
other government entity under Divisions 8 or 10 of the Business & Professions Code, as
they may be amended from time to time. Commercial marijuana activity also includes
any other person engaged in the cultivation, possession, manufacture, distribution,
processing storing laboratory testing labeling transportation delivery or sale of
mariivana and /or mariivana products whether or not for profit.
C "Commercial marijuana uses" means any business use or person
engaged in commercial marijuana activity.
D. "Concentrated cannabis" shall have the same meaning "cannabis
concentrate" as defined in Business and Professions Code Section 19300.5, as the
same may be amended from time to time.
E "Cultivation" means any activity involving the planting growing, harvesting
drying, curing, grading or trimming of marijuana. "Cultivation" includes, but is not limited
to, "cultivation" as defined in California Business and Professions Code Section
19300.5(0, as the same may be amended from time to time.
F. "Manufacture" means to compound, blend, extract infuse, or otherwise
make or prepare a marijuana product.
G. "Marijuana" means all parts of the plant Cannabis sativa L. whether
growing or not: the seeds thereof, the resin extracted from any part of the plant: and
every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its
seeds or resin. "Marijuana" does not include:
1. Industrial hemp, as defined in Section 11018.5 of the California
Health & Safety Code: or
2. The weight of any other ingredient combined with marijuana to
orepare topical or oral administrations, food, drink, or other product.
"Marijuana" also includes "cannabis" as defined in Business and Professions
Code Section 19300.50, as the same may be amended from time to time. "Marijuana"
also includes "medical marijuana" as defined in subsection K of this section.
H. "Marijuana accessories" means anv equipment. products or materials of
any kind which are used intended for use, or desjgned for use in planting, propagating,
cultivating, growing, harvesting manufacturing, compounding, converting, producing,
processing, preparing testing, analyzing, packaging, repackaging, storing, smoking,
vaporizing or containing marijuana or for ingesting, inhaling, or otherwise introducj
mariivana or marijuana products into the human body.
1. "Marijuana product" means marijuana that has undergone a process
whereby the plant material has been transformed into a concentrate, including, but not,
limited to concentrated cannabis, or an edible or topical product containing marijuana or
concentrated cannabis and other ingredients.
J. " MCRSA" shall collectively mean the Medical Cannabis Regulation and
Safety Act as contained, codified, enacted and sjgned into law on October 9, 2015, as
Assembly Bill No. 243 Assembly Bill No. 266 and Senate Bill 643, and as amended by
Assembly Bill 21 in 2016 as the same may be amended from time to time. The
MCRSA was formerly known as the Medical Mariivana Regulation and Safety Act.
K. "Medical marijuana" shall mean marijuana used for medical purposes
where that medical use is deemed appropriate and has been recommended by a
physician who has determined that the person's health would benefit from the use of
marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity,
glaucoma arthritis rn graine, or any other serious medical condition for which marijuana
is deemed to provide relief as defined in subsection (h) of Health and Safetv Code
.. - -
..
L. "Person" includes any individual, firm, co- partnership, joint venture,
association, corporation, limited liability company, estate, trust, business trust, receiver,
syndicate, or any other _group or combination acting as a unit, and the plural as well as
the singular.
M. "Private residence" means a house an apartment unit, a mobile home, or
other similar dwelling.
11.4.100.010 Prohibition Prohibited uses.
A. Commercial marijuana uses are expressly prohibited in all zoning districts
and specific plan areas in the city. No person shall establish, operate, maintain,
conduct allow or engage in commercial marijuana uses anywhere within the city. The
city shall not approve any application for a building permit, conditional use permit,
variance or any other permit or entitlement authorizing the establishment, operation,
maintenance development or construction of any commercial marijuana use.
B. The outdoor cultivation of marijuana
pwpeses is expressly prohibited in all zones zoning districts and all specific plan areas
in the city. No person owning, renting, leasing, occupying or
having charge or possession of any building, structure, lot, or parcel shall cause or allow
such building structure lot or parcel to be used for cultivating marijuana for commercial
purposes.
C. Exceptions.
1. Subsection A of this Section 11.4.100.010 shall not prohibit the
indoor cultivation of six (6) or fewer live marijuana plants within a single private
residence or inside an accessory structure located upon the grounds of a private
residence that is fully enclosed and secured to the extent such cultivation is authorized
by Health and Safety Code Sections 11362.1 and 11362.2 and further to the extent the
cultivation complies with Chapter 5.70 of this code.
2. Subsection A of this Section 11.4.100.010 shall not prohibit a
person 21 years of age or older from (a) possessing, processing, purchasing
transporting, obtaining or giving away to persons 21 years of age or older, without
compensation whatsoever, not more than 28.5 grams of marijuana not in the form of
concentrated cannabis or up to eight prams in the form of concentrated cannabis. (b)
smoking or ingesting marijuana or marijuana products, or (c) possessing transporting,
purchasing, obtaining, using manufacturing, or giving away marijuana accessories to
persons 21 years of age or older without compensation whatsoever, to the extent that
such activities are authorized by Health and Safety Code Section 11362.1 et seq.
D. This section shall be read and interpreted in coniunction with Chapter 5.70
of this code. It is the intent of the city council to prohibit all marijuana uses in the city to
the fullest extent permitted by law and for the State of Califomia not to issue any state
licenses for such uses to operate in the city.
11.4.100.015 Public nuisance.
Any violation of this chapter is hereby declared to be unlawful and a public
nuisance and may be abated by the City.
11.4.100.0020 Civil Penalties.
In addition to any other enforcement permitted by 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 chapter. 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., as the same may
be amended from time to time. In the event of any conflict between the penalties
enumerated under Municipal Code Chapter 1.15 and any penalties set forth in state law,
the maximum penalties allowable understate law shall govem.
SECTION 6. Code Amendment. Table 11.2.05.010 of Section 11.2.05.010
(Land Use Regulations) of Chapter 2 (Base District Regulations) of Title 11 (Zoning) is
hereby amended as follows (additions marked by hjghlghting):
A1.2.05.010 Land Use Regulations.
Table 11.2.05.010: Use Regulations — Residential Districts, prescribes the land use
regulations for residential districts. The regulations for each district are established by
letter designations as follows:
"P" Uses permitted as -of -right that require no discretionary review if in
compliance with all standards.
"L" Uses permitted as -of -right subject to limitations restricting location, size, or
other characteristics to ensure compatibility with surrounding uses. Limitations are
referenced by number designations listed at the end of Table 11.2.05.010.
"M" Uses subject to a minor use permit following discretionary review by the
planning commission pursuant to Chapter 11.5.20: Development Permits.
"C" Uses subject to a conditional use permit following discretionary review and
public hearing by the planning commission pursuant to Chapter 11.5.20:
Development Permits.
" –" Uses that are not permitted.
The "Additional Regulations' column includes specific regulations applicable to the use
classification, located elsewhere in this zoning code. Use classifications are defined in
Chapter 11.4.85: Use Classifications. Use classifications not listed in Table 11.2.05.010:
Use Regulations — Residential Districts, are prohibited.
Table 11.2.05.010
USE REGULATIONS — RESIDENTIAL DISTRICTS
10
RLD
RMD
RHD
Additional Regulations
Residential Use Types
Single -Unit Residential
P
P
P
See Section 11.4.05.100
Second Unit
P
P
P
See Section 11.4.05.115
Two -Unit Residential (Duplex)
—
P
P
Multiple -Unit Residential
—
P
P
See Section 11.4.05.110
Family Day Care
Small Family
P
P
P
Large Family
C
C
C
See Section 11.4.05.045.B
Group Housing
—
—
M
Senior Citizen Housing
P
P
P
See Section 11.4.05.125
Single Room Occupancy
—
—
C
See Section 11.4.05.127
Commercial Marijuana Uses
=
_
=
See Section
11.4.100.010.A and
Chapter 5.70
Marijuana – Outdoor cultivation
—_
_—
_—
See Section
11.4.100.010.8; and
Chapter 5.70
Marijuana – Indoor cultivation in
LL =3
LL3
LL =3
See Section
.11. 4. 100. 010. C.1 and
Chapter 5.70
private residence
Public, Semi - Public, and Service Use
Types
Clubs and Lodges
—
—
C
See Section 11.4.05.080
10
11
RLD
RMD
RHD
Additional Regulations
Community Centers
C
C
C
Community Social Service
Facilities
—
—
C
Day Care Center
—
—
C
See Section 11.4.05.045.0
Hospitals and Clinics
Hospitals
—
—
—
Clinics
—
—
—
Park and Recreation Facilities
M
M
M
Public Safety Facilities
M
M
M
Religious Facilities
C
C
C
See Section 11.4.05.080
Residential Care Facilities
See Section 11.4.05.105
Residential Care, General
—
—
C
See Section 11.4.85.020.N
Residential Care, Limited
P
P
P
ISee Section 11.4.85.020.N
Commercial Marijuana Uses
—_
—_
—_
See Section
11.4.100.010.A and
Chapter 5.70
Marijuana – Outdoor cultivation
=
_
=
See Section
11.4.100.010.8; and
Chapter 5.70
Marijuana – Indoor cultivation in
LL =3
LL =3
LL =3
See Section
11.4.100.010. C.1 and
Chapter 5.70
private residence (lawfully
nonconforming private
resideeggl
Residential Care, Senior
—
—
C
See Section 11.4.05.125
Schools, Public or Private
L -1
L -1
L -1
See Section 11.4.05.080
Commercial Use Types
Bed and Breakfasts
—
—
C
See Chapter 11.3.05
Food and Beverage Sales
General Market
—
—
L -2
Home Improvement Sales and
Services
—
—
L -2
Commercial Mariivana Uses
—
—_
—_
See Chapter
11.4.100.010.A; and
Chapter 5.70
Marijuana – Outdoor cultivation
—_
—_
—_
See Section
11.4.100.010.8: and
Chapter 5.70
Mariivana – Indoor cultivation in
LL =3
L_3
LL =3
See Section
11.4. 100.01O.C. 1 and
Chapter 5.70
private residence (lawfully
nonconforming privat e
residence
11
L -1: Public schools are permitted in all districts without City review; private schools require
conditional use permit approval pursuant to Chapter 11.5.20: Development Permits.
L -2: Must be on the ground floor in a multi -unit development of 150 units or more and must
be less than 1,500 square feet in floor area. Larger size facilities require conditional use
permit approval pursuant to Chapter 11.5.20: Development Permits.
L -3: Limited to indoor marijuana cultivation of no more than six (6) live marijuana plants for
personal use to be planted cultivated harvested dried or processed within a single private
residence or inside an accessory structure located upon the grounds of a private residence
that is fully enclosed and secured and conducted in accordance with Chapter 5.70."
SECTION 7. Code Amendment. Table 11.2.10.010 of Section 11.2.10.010
(Land Use Regulations) of Chapter 2 (Base District Regulations) of Title 11 (Zoning) is
hereby amended as follows (additions marked by hjghlghting):
"11.2.10.010 Land Use Regulations.
Table 11.2.10.010: Use Regulations — Commercial and Mixed -Use Districts prescribes
the land use regulations for commercial and mixed -use districts. The regulations for
each district are established by letter designations as follows:
"P" Uses permitted as -of -right that require no discretionary review if in
compliance with all standards.
"L" Uses permitted as -of -right subject to limitations restricting location, size, or
other characteristics to ensure compatibility with surrounding uses. Limitations are
12
RLD
RMD
RHD
Additional Regulations
Personal Services
—
—
L -2
Retail Sales
—
—
L -2
Short Term Rental of
Residentially Zoned Property
—
—
—
See Section 11.4.05.135
Transportation, Communication, and Utility Use
Types
Communication Facilities
See Chapter 11.4.70
Antennae and Transmission
Towers
C
C
C
Satellite Dishes less than 39"
in diameter
P
P
P
Utilities, Minor
P
P
P
Other Applicable Use
Regulations
Accessory Use
See Section 11.4.05.100
Home Occupations
P
I P
I P
ISee Section 11.4.05.060
Nonconforming Use
See Chapter 11.4.40: Nonconforming Uses, Structures,
and Lots
Temporary Use
See Chapter 11.5.25: Director Determinations
L -1: Public schools are permitted in all districts without City review; private schools require
conditional use permit approval pursuant to Chapter 11.5.20: Development Permits.
L -2: Must be on the ground floor in a multi -unit development of 150 units or more and must
be less than 1,500 square feet in floor area. Larger size facilities require conditional use
permit approval pursuant to Chapter 11.5.20: Development Permits.
L -3: Limited to indoor marijuana cultivation of no more than six (6) live marijuana plants for
personal use to be planted cultivated harvested dried or processed within a single private
residence or inside an accessory structure located upon the grounds of a private residence
that is fully enclosed and secured and conducted in accordance with Chapter 5.70."
SECTION 7. Code Amendment. Table 11.2.10.010 of Section 11.2.10.010
(Land Use Regulations) of Chapter 2 (Base District Regulations) of Title 11 (Zoning) is
hereby amended as follows (additions marked by hjghlghting):
"11.2.10.010 Land Use Regulations.
Table 11.2.10.010: Use Regulations — Commercial and Mixed -Use Districts prescribes
the land use regulations for commercial and mixed -use districts. The regulations for
each district are established by letter designations as follows:
"P" Uses permitted as -of -right that require no discretionary review if in
compliance with all standards.
"L" Uses permitted as -of -right subject to limitations restricting location, size, or
other characteristics to ensure compatibility with surrounding uses. Limitations are
12
referenced by number designations listed at the end of Table 11.2.10.010: Use
Regulations — Commercial and Mixed -Use Districts.
"M" Uses subject to a minor use permit following discretionary review by the
planning commission pursuant to Chapter 11.5.20: Development Permits.
"C" Uses subject to a conditional use permit following discretionary review and
public hearing by the planning commission pursuant to Chapter 11.5.20:
Development Permits.
" —" Uses that are not permitted.
The "Additional Regulations" column includes specific regulations applicable to the use
classification, that are located elsewhere in this zoning code. Use classifications are
defined in Chapter 11.4.85: Use Classifications. Use classifications not listed in Table
11.2.10.010: Use Regulations — Commercial and Mixed -Use Districts are prohibited
Table 11.2.10.010
USE REGULATIONS — COMMERCIAL AND MIXED -USE DISTRICTS
13
LC /RMD
PO
MSSP
SC
GC
Additional
Regulations
Residential Use Types
Single Unit Residential
P
—
L -1
—
—
See Section
11.2.10.015 and
Section
11.4.05.060
Second Unit
—
—
—
—
—
Two -Unit Residential (Duplex)
P
—
L -1
—
—
Multiple Unit Residential
P
—
L -1
—
—
Family Day Care
Small Family
P
—
—
—
—
Large Family
C
C
—
C
C
See Section
11.4.05.045
Group Housing
—
C
—
—
—
Senior Citizen Housing
—
—
—
—
—
Commercial Marijuana Uses
=
_
_
_
—
See Section
11.4.100.010.A
and Chapter 5.70
Marijuana – Outdoor cultivation
=
_
_
_
—
See Section
11.4.100.010.8
and Chapter 5.70
Marijuana -- Indoor marijuana
L -7
L -7
—
L -7
—
L -7
L -7
See Section
11.4.100.010. C.1
cultivation in private residences
(legally nonconforming private
and Chapter 5.70
residence)
13
14
LC /RMD
PO
MSSP
SC
GC
Additional
Regulations
Public, Semi - Public, and Service Use
Types
Clubs and Lodges
—
—
—
C
C
See Section
11.4.05.080
Community Center
C
C
—
C
C
Community Social Service
Facilities
—
C
—
C
C
Cultural Institutions
—
C
—
C
C
See Section
11.4.05.080
Day Care Center
C
C
—
C
C
See Section
11.4.05.045
Government Offices
A
A
A
A
A
Hospitals and Clinics
Hospitals
—
C
—
C
C
Clinics
—
C
—
C
C
Park and Recreation Facilities
P
P
P
P
P
Parking Facilities, Public
C
C
C
C
C
See Chapter
11.4.20
Public Safety Facilities
A
A
A
A
A
Religious Facilities
—
C
—
C
C
Residential Care Facilities
See Section
11.4.05.105
Residential Care, General
—
C
—
C
C
Residential Care, Limited
P
C
—
C
C
Residential Care, Senior
—
C
—
C
C
Schools, Private
C
C
—
C
C
See Section
11.4.05.080
Commercial Marijuana Uses
=
_
_
_
—
See Section
11.4.100.010.A
and Chapter 5.70
Mariivana – Outdoor cultivation
=
_
_
_
—
See Section
11.4.100.010.8;
and Chapter 5.70
Marijuana – Indoor cultivation in
LL =3
LL =3
LL =3
LL3
LL =3
See Section
private residence (legally
nonconforming private residence)
11.4.100.010. C.1
and Chapter 5.70
Commercial Use Types
Adult Business Establishments
—
—
—
—
P
See Chapter
11.4.50
Animal Sales and Services
—
—
A
A
A
14
15
LC /RMD
PO
MSSP
SC
GC
Additional
Regulations
Artists' Studios
P
P
P
P
P
Automobile/Vehicle Sales and
Services
Automobile Rentals
—
—
—
A
A
Automobile/Vehicle Sales and
—
—
—
—
P
Leasing
Automobile/Vehicle Service and
_
_
_
C
C
See Section
Repair, Major
11.4.05.040
Automobile Service
See Section
Stations/Vehicle Service and
—
—
—
C
C
11.4.05.035
Repair, Minor
Automobile Washing
—
—
—
A
A
Large Vehicle Sales, Services
—
—
—
—
A
and Rental
Bakery
L -4
—
L -4
L-4
L -4
Banks and Other Financial
—
P
P
P
P
Institutions
With Drive - Through Facilities
—
C
C
C
C
See Section
11.4.05.050
Automated Teller Machines
A
A
A
A
See Section
(ATMs)
1
11.4.05.030
Building Materials and Services
—
—
—
—
C
Business Services
P
P
� 3'
P
P
Commercial Recreation
Large -scale
—
—
—
C
C
Small -scale
—
—
—
A
A
Eating and Drinking
Establishments
Bars
—
—
C
C
C
Coffee House/ Dessert Shop
—
—
P'L 651
P
P
Restaurants, Fast Food
—
—
—
C
C
See Section
11.4.05.050
Restaurants, Full Service
—
—
P, C
P, C
P, C
See Section
11.4.05.015
Restaurants, Limited Service
—
—
P
p
P
See Section
11.4.05.015
Restaurants, Take Out Only
—
—
P
A
A
With Drive - Through Facilities
—
—
—
C
C
See Section
15
LC /RMD
PO
MSSP
SC
GC
Additional
Regulations
11.4.05.050
With Outdoor Eating Areas
—
—
A, C
A, C
A, C
See Section
11.4.05.090
Extended Hour Business
C
—
—
C
C
See Section
11.4.05.055
Food and Beverage Sales
Catering Services
—
—
—
—
P
Convenience Market
—
—
—
P, C
P, C
See Section
11.4.05.015
General Market
—
—
P, C
P, C
P, C
See Section
11.4.05.015
Liquor Stores
—
—
C
C
C
See Section
11.4.05.070
Funeral Parlors and Mortuaries
—
—
—
—
P
See Sections
Home Improvement Sales and
—
—
—
—
C
11.4.05.090 and
Services
11.4.05.140
Hotels and Motels
—
—
—
—
C
Kennel
—
—
—
C
C
See Section
Kiosks
—
—
—
A
A
11.4.05.065
Laboratories
—
P
L 3,
P
P
Maintenance and Repair Services
P
—
—
P
P
See Chapter 5.45,
Massage Establishment
P
P
P
P
and
L 3
Massage
9 e
Establishments
See Section
Commercial Marijuana Uses
=
_
_
_
=
11.4.100.010.A;
and Chapter 5.70
See Section
Marijuana -- Outdoor cultivation
=
_
_
_
=
11.4.100.010.8;
and Chapter 5.70
Marijuana – Indoor cultivation in
L_7
L_7
L_7
L_7
L_7
See Section
11.4.100.010. C.1
private residence (legally
and Chapter 5.70
nonconforming private residence)
Offices, Business and
P
P
L -2'
P
P
Professional
L -3
Walk -in Clientele
P
P
L -2,
P
P
17
LCIRMD
PO
MSSP
SC
GC
Additional
Regulations
L -3
Offices, Medical and Dental
P
P
L 3
P
P
Parking Facilities, Commercial
—
—
C
—
C
See Chapter
11.4.20
Personal Services
P
P
P
P
P
Retail Sales
P
—
P
P
P
See Section
11.4.05.090
Large Format
—
—
—
P
P
See Section
11.4.05.140
Smoke Shop
—
—
—
C
C
See Chapter 5.75
Tattoo Establishments
—
—
—
—
C
See Chapter
11.4.65
Theaters
—
—
C
—
C
Light Manufacturing Use Types
Contractors' Yards
—
—
—
—
—
Handicraft/Custom Manufacturing
P
P
P
P
P
Industry, Limited
—
—
—
—
—
Industry, General
—
—
—
—
—
Warehousing and Storage
Commercial marijuana uses
=
_
_
_
—
See Chapter
11.4.100.010.A;
and Chapter 5.70
Marijuana – outdoor cultivation
=
_
_
_
—
See Section
11.4.100.010.8;
and Chapter 5.70
Marijuana – indoor cultivation in
L_7
L_7
L_7
L_7
L_7
See Section
11.4.100.010. C.1
private residence (legally
nonconforming private residence)
and Chapter 5.70
Indoor Commercial Storage
—
—
—
—
—
Outdoor Storage
—
—
—
—
—
Personal Storage
—
—
—
—
—
Transportation, Communication, and Utility Use
Types
Wireless Communication Facilities
See Chapter
11.4.70
Antennae and Transmission
Towers
C
C
C
C
C
Satellite dishes less than 79" in
diameter
P
P
P
P
P
Recycling Facilities
See Section
17
L -1 Permitted if an existing use; new uses are prohibited. See Chapter 11.4.40:
Nonconforming Uses, Structures, and Lots
L -2 Not allowed on the ground floor along Main Street without a conditional use permit,
allowed on side streets as a permitted use
L -3 If on the ground floor along Main Street permitted if an existing use, new uses are
prohibited. See Chapter 11.4.40: Nonconforming Uses, Structures, and Lots
L -4 Bakery production sold at retail on premise
L -5 Permitted use if less than 1,000 square feet and less than 10 seats
L -6 Minor use permit required if 1,000 square feet or more and 10 seats or more
L -7 Limited to indoor mariivana cultivation of no more than six (6) live marijuana
plants for personal use to be planted cultivated, harvested, dried, or processed
within a single private residence or inside an accessory structure located upon
the grounds of a private residence that is fully enclosed and secured and
conducted in accordance with Chapter 5.70."
s3
LC /RMD
PO
MSSP
SC
GC
Additional
Regulations
11.4.10.025
Recycling Collection Point
—
—
—
C
C
Recycling Processing Facility
—
—
—
—
C
Reverse Vending Machines
P
P
P
P
P
Utilities, Major
Hazardous Waste Facility
—
—
—
—
C
See Chapter
11.4.60
Utilities, Minor
P
P
P
P
P
Agriculture Use Types
Nurseries
—
—
P
P
P
Commercial marijuana uses
—_
—_
_—
—_
—
See Chapter
11.4.100.010.A;
and Chapter 5.70
Marijuana -- outdoor cultivation
=
_
_
_
—
See Chapter
11.4.100.010.8;
and Chapter 5.70
Marijuana – indoor cultivation in
LL =7
LL =7
LL =7
LL =7
LL =7
See Section
11.4.100.010.C.1
private residence (legally
nonconforming private residence)
and Chapter 5.70
Other Applicable Use
Regulations
Accessory Use
See Section 11.4.05.010: Accessory Business Uses and
Activities
Nonconforming Use
See Chapter 11.4.40: Nonconforming Uses, Structures,
and Lots
Temporary Use
See Chapter 11.5.25: Director Determinations
L -1 Permitted if an existing use; new uses are prohibited. See Chapter 11.4.40:
Nonconforming Uses, Structures, and Lots
L -2 Not allowed on the ground floor along Main Street without a conditional use permit,
allowed on side streets as a permitted use
L -3 If on the ground floor along Main Street permitted if an existing use, new uses are
prohibited. See Chapter 11.4.40: Nonconforming Uses, Structures, and Lots
L -4 Bakery production sold at retail on premise
L -5 Permitted use if less than 1,000 square feet and less than 10 seats
L -6 Minor use permit required if 1,000 square feet or more and 10 seats or more
L -7 Limited to indoor mariivana cultivation of no more than six (6) live marijuana
plants for personal use to be planted cultivated, harvested, dried, or processed
within a single private residence or inside an accessory structure located upon
the grounds of a private residence that is fully enclosed and secured and
conducted in accordance with Chapter 5.70."
s3
SECTION 8. The following regulations are hereby added to Section 11.6.05.010
(Definitions of Specialized Terms and Phrases) of Chapter 6 (Terms and Definitions) of
Title 11 (Zoning) of the Seal Beach Municipal Code:
SECTION 9. CEQA. The adoption of this proposed ordinance project is exempt
from the requirements of the California Environmental Quality Act ( "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
commercial marijuana uses and outdoor marijuana cultivation within the City's
jurisdiction will have a significant effect on the environment. The proposed ordinance
imposes greater limitations on uses and activities allowed in the City, and will thereby
serve to eliminate potential significant adverse environmental impacts. The proposed
ordinance will not have an impact on the physical environment as they will not result in
any changes to the environment. The proposed project is an administrative process of
the City that will not result in direct or indirect physical changes in the environment. The
City Council directs that a Notice of Exemption be filed with the County Clerk of the
County of Orange in accordance with CEQA Guidelines.
SECTION 10. 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 11. 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 12. 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 13. 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 , 2017.
19
Sandra Massa - Lavitt, Mayor
ATTEST:
Robin L. Roberts, 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 was introduced for first reading at a regular meeting held on the
th day of 2017, was read and approved at a regular meeting held on
_th, 2017, and passed, approved and adopted by the City Council of the
City of Seal Beach at a regular meeting held on , 2017 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.
Robin L. Roberts, City Clerk
20