HomeMy WebLinkAboutItem GAGENDA STAFF REPORT t j
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DATE: February 13, 2017
TO: Honorable Mayor and Members of the City Council
THRU: Jill R. Ingram, City Manager
FROM: Jim Basham, Community Development Director
SUBJECT: ORDINANCE NO. 1663 (MUNICIPAL CODE AMENDMENT NO. 17 -1),
CONSIDERATION OF AN ORDINANCE OF THE CITY OF SEAL
BEACH AMENDING SECTION 5.70.025 OF CHAPTER 5.70 OF TITLE 5
OF THE SEAL BEACH MUNICIPAL CODE TO PROHIBIT ALL
COMMERCIAL NON - MEDICAL MARIJUANA ACTIVITIES, AS
DEFINED, WITH LIMITED EXCEPTIONS, TO PROHIBIT ALL
OUTDOOR CULTIVATION OF MARIJUANA, TO ALLOW INDOOR
CULTIVATION OF UP TO SIX MARIJUANA PLANTS AT PRIVATE
RESIDENCES FOR PERSONAL USE SUBJECT TO COMPLIANCE
WITH REGULATIONS, AND TO RETAIN EXISTING LIMITED
EXEMPTIONS FOR PERSONAL MEDICAL MARIJUANA USE FOR
MEDICAL PURPOSES BY QUALIFIED PATIENTS OR PERSONS
HOLDING IDENTIFICATION CARDS AND PROVISION OF MEDICAL
MARIJUANA TO LESS THAN THREE QUALIFIED PATIENTS OR
IDENTIFICATION CARD HOLDERS BY PRIMARY CAREGIVERS FOR
MEDICAL PURPOSES AS ALLOWED BY STATE LAW
SUMMARY OF REQUEST:
That the City Council introduce and conduct first reading of Ordinance No. 1663,
prohibiting all commercial non - medical marijuana activities, as defined, in the City, to
prohibit all outdoor marijuana cultivation, to allow indoor cultivation of marijuana for
personal use at private residences subject to specified regulations, and to retain existing
exemptions for personal use of medical marijuana by qualified patients or holders of
identification cards for medical purposes and provision of medical marijuana by primary
caregivers to less than three qualified patients or identification card holders for medical
purposes as allowed by state law.
BACKGROUND:
A. The Compassionate Use Act and Related Statutes
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
Agenda Item G
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.
Neither the 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. The Medical Cannabis Regulation and Safety Act (the "MCRSA "),
(Chapter 3.5 of Division 8 of the Business and Professions Code) subsequently
amended and superseded the MMRSA.
Since 2008, the City has prohibited medical marijuana dispensaries. In early 2016 the
City enacted several new ordinances to address 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 regarding 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 Section 5.70.025 of Chapter 5 of the Municipal
Code, to prohibit all medical marijuana dispensaries, mobile marijuana dispensaries,
and medical marijuana deliveries in the City, and prohibit 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 eight (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.
Page 2
The AUMA establishes a comprehensive system of State licensing to regulate
commercial marijuana activity, which is broadly defined to include recreational
marijuana dispensaries and commercial cultivation sites, and prohibits mobile marijuana
dispensaries. The Bureau of Marijuana Control will be responsible for (1) administering
the AUMA, (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 AUMA 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.
The AUMA provides, pursuant to California Business and Professions Code Section
26055(e), 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 Section 5.70.025 of Chapter 5.70 of the
Municipal Code to be consistent with the AUMA with regard to non - medical marijuana,
by broadly defining "commercial marijuana activities" consistent with the AUMA, and
adding prohibitions on all commercial marijuana activities, as defined, retaining the
prohibition on the outdoor cultivation of marijuana throughout the City, allowing limited
indoor cultivation of marijuana at private residences subject to compliance with specified
regulations, in accordance with the AUMA, and allowing personal use of medical
marijuana by qualified patients or holders of identification cards and provision of medical
marijuana to such persons by primary caregivers as allowed under the CUA. The
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following provides a summary of the provisions of the proposed amendments to Section
5.70.025.
A. The proposed Ordinance prohibits all types of non - medical
marijuana businesses and activities, with limited exceptions.
The proposed Ordinance would amend Section 5.70.025 to broadly prohibit all
"commercial marijuana activities ", which are defined to include the cultivation,
possession, manufacture, distribution, processing, storing, laboratory testing, labeling,
transportation, delivery or sale of marijuana and /or marijuana products, whether or not
for profit, as well as the activities of any business or other activity licensed by the state
or other government entity under Chapter 3.5 of Divisions 8 or Division 10 of the
Business and Professions Code, as they may be amended from time to time, subject to
stated exemptions. The existing prohibition on medical marijuana dispensaries and
deliveries has been expanded to include non - medical marijuana dispensaries and
delivery services as well (including but not limited to mobile marijuana dispensaries).
The Ordinance also provides that a property owner shall not rent, lease or otherwise
permit any person or business that engages in commercial marijuana activity to occupy
real property in the city, to allow any person or business to establish, operate, maintain,
conduct, or engage in commercial marijuana activity on any real property owned or
controlled by that property owner that is located in the city.
B. The Ordinance allows use of medical marijuana by qualified patients
or identification card holders and provision of medical marijuana by
primary caregivers to less than three qualified patients or
identification card holders for medical purposes.
The Compassionate Use Act allows persons with serious medical conditions to use
medical marijuana for medical purposes, upon recommendation of a doctor, and also
allows primary caregivers, as defined, to assist such persons. The proposed Ordinance
will continue to allow qualified patients or persons with state - issued identification cards
to use medical marijuana for medical purposes, and will also allow primary caregivers,
as defined, to provide less than three (3) qualified patients or identification card holders
with medical marijuana for medical purposes in accordance with the CUA.
C. The proposed Ordinance prohibits all outdoor marijuana cultivation
The proposed amendment would continue the prohibition on outdoor cultivation of all
medical and non - medical marijuana.
D. The proposed Ordinance allows indoor personal marijuana
cultivation at private residences subject to compliance with specified
requirements.
The Ordinance allows the indoor cultivation of marijuana only at private residences,
either inside the residence or inside a fully enclosed and secured structure at the
Page 4
residential site. As proposed, a "fully enclosed and secure structure" is defined to mean
a space within a building, greenhouse or other structure which has a complete roof
enclosure supported by connecting walls extending from the ground to the roof, which is
secure by lock and key or other security device which prevents unauthorized entry,
provides complete visual screening, and which is accessible only through one or more
lockable doors and inaccessible to minors.
In addition, indoor cultivation may be carried out only by a person who is at least 21
years old, and indoor marijuana cultivation is limited to six (6) plants total, whether
immature or mature, regardless of how many persons who are at least 21 years old
reside at that private residence. The ordinance also contains standards on indoor
cultivation to preserve and protect the environment and prevent adverse impacts on
neighboring properties, including the following:
• Marijuana cultivation shall only take place on impervious surfaces.
• Marijuana cultivation shall utilize energy efficient lighting and ventilation systems
compliant with California's Building Energy Efficiency Standards, as may be
amended from time to time.
• The use of gas products (CO2, butane, etc.) or CO2 and Ozone generators for
marijuana cultivation or processing is prohibited.
• The use of marijuana extraction and concentration techniques, including but not
limited to butane, CO2 or ethanol, to manufacture concentrated cannabis is
strictly prohibited.
• Marijuana cultivation shall not be visible from any public right of way or
neighboring property.
• The residential structure shall remain at all times a residence, with legal and
functioning cooking, sleeping and sanitation facilities with proper ingress and
egress. The residence, and any rooms in the residence, shall not be used for
marijuana cultivation where such cultivation will prevent their primary use for
cooking of meals, sleeping and bathing.
• Any structure used for the cultivation of marijuana must have proper ventilation to
prevent marijuana plant odors from becoming a public nuisance to surrounding
properties or the public. A public nuisance may be deemed to exist if the
cultivation produces odors which are detectable to people of normal sensitivity
residing or present on adjacent or nearby property or a public right of way.
• No person shall cultivate marijuana in any manner that causes light, glare, heat,
mold, odor, noise, or vibration that is or whose effect is either detrimental to
public health, safety, or welfare or interferes with the reasonable enjoyment of life
or property.
• A portable fire extinguisher, that complies with the regulations and standards
adopted by the state fire marshal and applicable law, shall be kept in same room
as where cultivation occurs.
• Cultivation of marijuana shall not displace required off - street parking, or violate
any other provisions of the code.
• All electrical equipment used in the cultivation of marijuana (e.g. lighting and
ventilation) shall be plugged directly into a wall outlet or otherwise hardwired.
Page 5
• Prior to performing any work on electrical wiring /rewiring the applicant shall first
obtain a building, mechanical and /or electrical permit, as required, from the
building division.
E. The proposed Ordinance exempts personal uses exempt under the
AUMA.
In accordance with the AUMA, the amendments also contain exemptions that allow
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 eight (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 (subject to the
prohibition on outdoor cultivation and compliance with indoor cultivation requirements as
set out above).
LEGAL NOTIFICATION:
Legal notice of the Public Hearing was published in the Sun on Thursday, February 2,
2017. An affidavit of publication is on file.
ENVIRONMENTAL IMPACT:
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. 1663 (Municipal Code
Amendment No. 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 commercial
non - medical marijuana activities and all outdoor marijuana cultivation, the proposed
amendments to allow limited indoor cultivation of marijuana at private residences
subject to compliance with regulations, and the limited exceptions for personal use of
medical marijuana for medical purposes by qualified patients and identification card
holders, and provision of medical marijuana by primary caregivers to less than three (3)
qualified patients or identification holders for medical purposes 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 it 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 ANALYSIS:
The City Attorney has reviewed the attached Ordinance and has approved as to form.
FINANCIAL IMPACT:
There may be additional law enforcement costs related to the enforcement of the
provisions of this prohibition although it is difficult to quantify these costs at this time.
RECOMMENDATION:
That the City Council introduce and conduct first reading of Ordinance No. 1663,
prohibiting all commercial non - medical marijuana activities, as defined, in the City, to
prohibit all outdoor marijuana cultivation, to allow indoor cultivation of marijuana for
personal use at private residences subject to specified regulations, and to retain existing
exemptions for personal use of medical marijuana by qualified patients or holders of
identification cards for medical purposes and provision of medical marijuana by primary
caregivers to less than three qualified patients or identification card holders for medical
purposes as allowed by state law.
NOTED ANDD APPROVED:
Patrick Gallegos
Assistant City Manager
Prepared by: Amy Greyson, Assistant City Attorney
Attachments:
A. Ordinance No. 1663
Page 7
Attachment "A"
ORDINANCE NO. 1663
AN ORDINANCE OF THE SEAL BEACH CITY COUNCIL
AMENDING SECTION 5.70.025 OF CHAPTER 5.70 OF TITLE 5 OF
THE SEAL BEACH MUNICIPAL CODE TO PROHIBIT ALL
COMMERCIAL NON - MEDICAL MARIJUANA BUSINESSES AND
ACTIVITIES, AS DEFINED, WITH LIMITED EXCEPTIONS, TO
PROHIBIT OUTDOOR CULTIVATION OF MEDICAL AND NOW
MEDICAL MARIJUANA, TO ALLOW INDOOR CULTIVATION OF UP
TO SIX MARIJUANA PLANTS AT PRIVATE RESIDENCES FOR
PERSONAL USE SUBJECT TO COMPLIANCE WITH
REGULATIONS REGARDING INDOOR RESIDENTIAL
CULTIVATION, AND TO RETAIN EXISTING LIMITED EXEMPTIONS
FOR PERSONAL MEDICAL MARIJUANA USE IN PRIVATE
RESIDENCES BY QUALIFIED PATIENTS OR PERSONS HOLDING
IDENTIFICATION CARDS AND PROVISION OF MEDICAL
MARIJUANA TO LESS THAN THREE QUALIFIED PATIENTS OR
IDENTIFICATION CARD HOLDERS BY PRIMARY CAREGIVERS
FOR MEDICAL PURPOSES AS ALLOWED BY STATE LAW
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. The City currently prohibits medical marijuana dispensaries and
mobile marijuana dispensaries, as defined, 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. The City also currently prohibits all marijuana cultivation in all zoning
districts and specific plan areas of the City, pursuant to Section 11.4.100.010 of 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. These prohibitions were
adopted pursuant to Ordinance Nos. 1580 and 1652, following voter approval of
Proposition 215, the Compassionate Use Act of 1996 ( "CUA "), and implementing
statutes including the Medical Marijuana Program (the "MMP "), (California Health and
Safety Code § 11362.7, et seq.), and the Medical Cannabis Regulation and Safety Act
(the "MCRSA ") (Chapter 3.5 of Division 8 of the Business and Professions Code),
previously codified as the Medical Marijuana Regulation and Safety Act. The CUA and
implementing statutes enable persons who are in need of marijuana for medical
purposes to use it without fear of criminal prosecution under limited, specified
circumstances. The current Municipal Code and Zoning Code provisions do not
preclude a qualified patient or individual holding a duly- issued identification card (as
defined in state law) from using or possessing medical marijuana or medical marijuana
Ordinance No. 1663
products for medical purposes in their own home or from receiving medical marijuana
from a primary caregiver in accordance with the state law.
C. On November 8, 2016, California voters approved the Control,
Regulate and Tax Adult Use of Marijuana Act ( "AUMA "). The AUMA legalizes the use
of non - medical marijuana for those who are 21 years of age or older and establishes a
comprehensive system to regulate commercial non - medical marijuana activity. The
provisions of Proposition 64 related to the possession, use, and cultivation of non-
medical marijuana went into effect on November 9, 2016.
D. The AUMA creates a comprehensive system to regulate
commercial non - medical marijuana activity, which is broadly defined to include the
cultivation, possession, manufacture, distribution, processing, storing, laboratory testing,
labeling, transportation, delivery or sale of marijuana and marijuana products. The
AUMA modifies existing state law to prohibit mobile marijuana dispensaries. 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.
E. 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.
F. The AUMA permits cities to (1) adopt and enforce local ordinances
to regulate non - medical marijuana and 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.
G. The AUMA allows for the planting, cultivation, harvesting, drying
and processing ( "cultivation activities ") of up to six 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 also 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.
H. The Federal Controlled Substances Act, 21 U.S.C. § 801, et seq.,
classifies marijuana as a Schedule 1 Drug, which is defined as a drug or other
substance that has a high potential for abuse, that has no currently accepted medical
use in treatment in the United States, and that has not been accepted as safe for use
under medical supervision. The Federal Controlled Substances Act makes it unlawful
2
Ordinance No. 1663
under federal law for any person to cultivate, manufacture, distribute or dispense, or
possess with intent to manufacture, distribute or dispense, marijuana.
I. Cities in California have reported negative effects of marijuana
cultivation, processing and distribution activities, including offensive odors, illegal sales
and distribution of marijuana, trespassing, theft, violent robberies and robbery attempts,
fire hazards, and problems associated with mold, fungus, and pests. Furthermore, as
marijuana plants begin to flower, and for a period of two months or more, the plants
produce a strong, unique odor, offensive to many people, and detectable far beyond
property boundaries if grown outdoors. This odor can have the effect of encouraging
theft by alerting persons to the location of the valuable plants, and creating a risk of
burglary, robbery or armed robbery of the plants and creating the potential for violent
acts related to such criminal activity.
J. The City has initiated amendments to the Seal Beach Municipal
Code to update its business regulations in light of the adoption of the AUMA, to prohibit
the establishment, operation or maintenance of all commercial nonmedical marijuana
businesses and other activities, as defined, to prohibit all outdoor marijuana cultivation,
and to prohibit indoor marijuana cultivation with a limited exception inside private
residences or other fully enclosed structures at private residences subject to compliance
with specified code requirements, while retaining existing Municipal Code prohibitions
on medical marijuana dispensaries, mobile marijuana dispensaries, and deliveries, as
defined, and while retaining existing provisions allowing personal use of medical
marijuana by qualified patients or holders of identification cards for medical purposes
and provision of medical marijuana by primary caregivers to qualified patients or
identification card holders for medical purposes to the extent allowed by State law.
Nothing in this Ordinance shall preempt or make inapplicable any provision of State or
Federal law.
K. All legal prerequisites to the adoption of this Ordinance have
occurred.
SECTION 2. The City Council of the City of Seal Beach hereby finds and
determines that all of the above Recitals are true and correct and incorporates such
Recitals into this Ordinance as if fully set forth herein.
SECTION 3. The City Council of the City of Seal Beach hereby amends Section
5.70.025 of Chapter 5.70 (Miscellaneous Business Regulations) of Title 5 (Business
Licenses and Regulations) to read as follows:
"5.70.025 MedmGal Madjuana DispensaFiesMarWana Activities.
A. Purpose and Findings.
• MW
ail
.. •
3
Ordinance No. 1663
public health, safety, and welfare of the residents and businesses within the city, the
declared purpose of this chapter section is to prohibit
as stated mariivana cultivation, marijuana dispensaries, marijuana deliveries, and all
other marijuana activities, whether or not for profit, with limited exceptions for personal
medical use by qualified patients or holders of identification cards for medical purposes
or provision of medical mariivana by primary caregivers to less than three (3) oualified
patients and identification card holders for medical purposes as allowed by state law,
and to allow indoor cultivation of mariivana at private residences subject to compliance
with specified conditions, as set forth in this section. It is further the intent of the city for
the State of California not to issue anv state licenses for mariivana businesses or other
commercial mariivana activities to operate in the city.
2. Nothing in this chapter shall preempt or make inapplicable anv
provision of state or federal law.
B. Definitions. For the purpose of this section, the following words and
phrases shall mean:
1. AUMA: the Control, Regulate and Tax Adult Use of Mariivana Act
approved by the voters on November 8, 2016, as the same may be amended from time
to time.
2. Commercial mariivana activity: shall include but is not limited to the
cultivation, possession, manufacture, distribution, processing, storing, laboratory testing,
any business or other activity licensed by the state or other government entity under
Chapter 3.5 of Divisions 8 or Division 10 of the Business and Professions Code, as they
may be amended from time to time.
3. Compassionate Use Act or CUA: the Compassionate Use Act of
1996, or Proposition 215, approved by the voters on November 5, 1996, and codified in
Health and Safety Code Section 11362.5, as the same may be amended from time to
time.
4. Concentrated cannabis: shall have the same meaning as the
Phrase `cannabis concentrate" is defined in Business and Professions Code Section
19300.5, as the same may be amended from time to time.
5. Cultivation: any activity involving the planting, growing, harvesting,
drying, curing, orading, or trimming of mariivana.
6. Delivery: shall mean and include the commercial transfer of
mariivana or mariivana products to a customer. `Delivery" also includes the use by a
retailer of any technology platform owned and controlled by the retailer, or
independently licensed under this division that enables customers to arrange for or
facilitate the commercial transfer by a licensed retailer of marijuana or mariivana
Products. `Delivery" shall also include but is not limited to spatial/ "delivery' activities as
ll
Ordinance No. 1663
defined have the same FReaRinn as set f hh in Business and Professions Code Section
19300.5(m), as the same may be amended from time to time, and shall 'nnl de the
aad— Safety Code, or — testiRg ,= Be"YeF}r-- also �es-- the - use y --a
7. Distribution: the procurement, sale, and transport of mariivana,
mariivana products and mariivana accessories between entities licensed under Chapter
3.5 of Division 8 or Division 10 of the Business and Professions Code, as they may be
amended from time to time.
28. Identification Card., a document issued by the State Department of
Health Services which identifies a person authorized to engage in the medical use of
marijuana and the person's designated primary caregiver, if any.
9. Indoor or Indoors: means within a fully enclosed and secure
structure as defined in Subsection E of this Section 5.70.025.
10. Licensee: the holder of any state issued license related to
mariivana activities, including but not limited to licenses issued under Divisions 8 and 10
of the Business & Professions Code, as they may be amended from time to time.
11. Manufacture: to compound, blend, extract, infuse, or otherwise
make or prepare a mariivana product.
342. Marijuana: shall have the same meaning as "cannabis" as set forth
in 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. For the purpose of this section, "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. Marijuana also means
"medical marijuana" as defined in this section.
13. Mariivana accessories: any equipment, products or materials of anv
kind which are used, intended for use, or designed for use in planting, propagating,
cultivating, growing, harvesting, manufacturing, compounding, converting, producing,
processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking,
Ordinance No. 1663
vaporizing, or containing marivana, or for ingesting, inhaling, or otherwise introducing
mariivana or mariivana products into the human body.
14. Marijuana Dispensary: any facility, location, vehicle, or activity,
whereby mariivana, mariivana products, or mariivana devices for the use of marijuana
are offered, either individually or in any combination for retail sale, whether mobile or
stationary, including an establishment that delivers mariivana and mariivana products
as part of a retail sale. The term `dispensary" shall be construed to include but not be
limited to, all `dispensary" and retail facilities as defined in Chapter 3.5 of Division 8 or
Division 10 of the Business and Professions Code, as they may be amended from time
to time. The term `dispensary" also includes a mobile mariivana dispensary as defined
in this section. The term dispensary" shall be broadly and liberally interpreted to
achieve the purpose of this section.
15. Mariivana product: shall mean mariivana 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. "Marijuana product" shall
include both non - medical mariivana products and medical mariivana products as
defined in this section.
16. MCRSA: the Medical Cannabis Regulation and Safety Act as
contained, codified, enacted, and signed 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 Marijuana Regulation and Safety Act.
4.17. Medical Marijuana: 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,
migraine, or any other serious medical condition for which marijuana is deemed to
provide relief as defined in subsection (h) of Health and Safety Code Section 11362.7,
as such section may be amended from time to time.
Gairpd� interpreter! in Cash of these terms is defined herein and shall he interprete i street
aGGE)rdaRGe With Galifernia Health and Safety Gede SeGt'E)RS 14362.6 ..d 1 -1
seq. `"'``JJas c sh motions Fn ay he a Rded from time to time.
6-.18. Medical Marijuana Product: shall have the same meaning as
"cannabis product' or "medical cannabis product" as set forth in Business and
Professions Code Section 19300.5(ag), as the same may be amended from time to
time, and shall include marijuana, as well as concentrates and extractions, intended to
A
Ordinance No. 1663
be sold for use by medical marijuana patients pursuant to the Compassionate Use Act
of 1996 (Proposition 215).
7 44A4R 4.- the Medical M riluaRa Qnnnlatinn Rd Safety Anf as
.
8-.19. Mobile Marijuana Dispensary: the use of a motor vehicle that in any
way involves growing, distributing, delivering, selling or making available to persons,
with or without financial payment or consideration and regardless of the number of
persons served, marijuana or medical marijuana products, including marijuana for
medical purposes as described in California Health and Safety Code Section 11362.5.
20. Outdoor or Outdoors: any location that is not within a fully enclosed
and secure structure.
21. Person: any individual, firm, co- partnership, ioint 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.
9-.22. Primary Caregiver: the individual, designated by a qualified patient
or by a person with an identification card, who has consistently assumed responsibility
for the housing, health, or safety of that patient or person.
4-0-.23. Physician: an individual who possesses a recognition in good
standing to practice medicine or osteopathy issued by the Medical Board of California or
the Osteopathic Medical Board of California and who has taken responsibility for an
aspect of the medical care, treatment, diagnosis, counseling, or referral of a patient and
who has conducted a medical examination of that patient before recording in the
patient's medical record the physician's assessment of whether the patient has a
serious medical condition and whether the medical use of marijuana is appropriate.
24. Private residence: a house, an apartment unit, a mobile home, or
other similar dwelling lawfully used as a residence.
44 -.25. Qualified Patient: a person who is entitled to the protections of
California Health and Safety Code Section 11362.5, as such section may be amended
from time to time, but who does not have an identification card issued by the State
Department of Health Services.
26. Sale: shall include any transaction whereby, for any consideration,
title to marijuana is transferred from one person to another, and includes the delivery of
mariivana or marijuana products pursuant to an order placed for the purchase of the
same and soliciting or receiving an order for the same, but does not include the return of
marijuana or mariivana products by a licensee to the licensee from whom such
mariivana or mariivana product was purchased.
7
Ordinance No. 1663
G. Medical Marijuana Dispepsary , Mobile 11 a uane Dispensary and
Marijuana Delivery DrehihiteA It io , nlayAul ter a pemen nr nnt'fi, ton nn
the City ef Seal BeaGh is expressly pFE)hmbmted withiR the Gity ef Sea! BeaGh. Ne per
n m
'
h'eh del'v either a et
Men r term'nen .!thin the n'fi,
.,
C. Marijuana Activities Prohibited. Except as otherwise expressly allowed
under Subsections D or E of this Section 5.70.025, all commercial marijuana activity is
prohibited and unlawful in the City of Seal Beach, including but not limited to, the
following:
1. It is unlawful for any person to own, manacle, conduct, or operate
any marijuana dispensary, or to participate as an employee, contractor, agent or
volunteer, or in any other manner or capacity, in any marijuana dispensary in the city.
No mariivana dispensary shall locate, commence, or be maintained or allowed in any
land use district, or on any parcel, or at anyplace, public or private, within the city.
2. It is unlawful for any person to own, manage, conduct, or operate
any mariivana delivery service or other mariivana delivery business, or to participate as
an employee, contractor, agent, or volunteer, in any manner or capacity, in any
mariivana delivery service or other marijuana delivery business in the city, whether or
not the delivery commenced in the city. No mariivana delivery service or other
mariivana delivery business shall locate, commence, or be maintained or allowed in any
land use district, or on any parcel, or at any place, public or private, within the city.
3. It is unlawful for any person to make, arranae for, facilitate, or
otherwise participate in mariivana deliveries to or from the city, whether or not the
delivery commenced in the city.
4. It is unlawful for any person to own, manage, conduct, operate, or
otherwise participate in any other commercial marijuana activity in the city. No
commercial mariivana activity shall locate, commence, or be allowed in any land use
district, or on any parcel, or at any place, public or private, within the city. The city shall
not issue any permit, license or other entitlement for any commercial mariivana activity
for which a State license is required under the MCRSA or the AUMA. The city shall also
not issue any local license to a non - profit entity pursuant to Business and Professions
Code Section 26070.5, as the same may be amended from time to time.
5. A property owner shall not rent, lease or otherwise permit any
person or business that engages in commercial marijuana activity to occupy real
Property in the city. A property owner shall not allow any person or business to
establish, operate, maintain, conduct, or engage in commercial mariivana activity on
any real property owned or controlled by that property owner that is located in the city.
9
Ordinance No. 1663
D. Limited Exceptions to Prohibitions. The following businesses or other
activities shall not be prohibited by Subsection C of this Section 5.70.025.
1. Subsection C of this Section 5.70.025 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 indoor
cultivation complies with Subsection E of this Section 5.70.025.
2. Subsection C of this Section 5.70.025 shall not prohibit a person 21
years of age or older from (a) possessing, processing, purchasing, transporting,
obtaining or qivinq away to persons 21 years of ape or older, without compensation
whatsoever, not more than 28.5 prams of marijuana not in the form of concentrated
cannabis or up to eight prams in the form of concentrated cannabis, (b) smoking or
ingestinq marijuana or mariivana 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 seg.
3. Subsection C of this Section 5.70.025 shall not prohibit the
personal use or possession by a qualified patient or person with a duly issued
identification card of medical mariivana or medical mariivana products in compliance
with Health and Safety Code Section 11625.5 and Health and Safety Code Section
11362.7(h), as such sections may be amended from time to time, or as otherwise
defined by state law.
4. Subsection C of this Section 5.70.025 shall not prohibit the
provision, transportation, or delivery of medical mariivana by any primary caregiver for
medical purposes to less than 3 (three) qualified patients or persons holding a duly
issued identification card to the extent allowed pursuant to state law.
5. Subsection C of this Section 5.70.025 shall not prohibit any person
from transporting marijuana through the iurisdictional limits of the City for delivery or
distribution to a person located outside the City, where such transport does not involve
delivery or distribution within the iurisdictional limits of the City.
6. Subsection C of this Section 5.70.025 shall not apply to any
conduct allowable pursuant to Health and Safety Code Section 11362.1.
E. Indoor Cultivation of Marfivana.
1. It is hereby declared to be unlawful and a public nuisance for any
person owning, leasing, occupying, or having charge or possession of any parcel in the
City of Seal Beach to cause or allow such parcel to be used for the cultivation of
marjuana plants except for indoor cultivation conducted in strict compliance with the
requirements set forth below.
9
Ordinance No. 1663
2. Marijuana cultivation shall only occur indoors in a private residence,
or indoors in an accessory structure at a private residence, in conformance with the
following standards:
a. Only a person who is at least 21 years old may cultivate
marijuana.
b. Marijuana cultivation is permitted only within a fully enclosed
and secure structure. As used herein, the phrase "fully enclosed and secure structure"
means a space within a building, greenhouse or other structure which has a complete
roof enclosure supported by connecting walls extending from the -ground to the roof,
which is secure by lock and key or other security device which prevents unauthorized
entry, provides complete visual screening, and which is accessible only through one or
more lockable doors and inaccessible to minors.
C. Marijuana cultivation areas in a structure shall not be
accessible to persons under 21 years of age.
d. Marijuana cultivation shall be limited to six (6) plants total,
whether immature or mature, regardless of how many persons who are at least 21
years old reside at that private residence.
e. Mariivana cultivation shall only take place on impervious
surfaces.
f Marijuana cultivation shall utilize energy efficient lhqhtincj and
ventilation systems compliant with California's Building Energy Efficiency Standards, as
may be amended from time to time.
g. The use of gas products (CO2, butane, etc.) or CO2 and
Ozone generators for mariivana cultivation or processing is prohibited.
h. The use of mariivana extraction and concentration
techniques, including but not limited to butane, CO2 or ethanol, to manufacture
concentrated cannabis is strictly prohibited.
i. Mariivana cultivation shall not be visible from any public right
of way or neighboring property.
i. The residential structure shall remain at all times a
residence, with legal and functioning cooking, sleeping and sanitation facilities with
Proper ingress and egress. The residence, and any rooms in the residence, shall not be
used for marijuana cultivation where such cultivation will prevent their primary use for
cooking of meals, sleeping and bathing.
k. Any structure used for the cultivation of marijuana must have
proper ventilation to prevent mariivana plant odors from becoming a public nuisance to
surrounding properties or the public. A public nuisance may be deemed to exist if the
10
Ordinance No. 1663
cultivation produces odors which are detectable to people of normal sensitivity residing
or present on adiacent or nearby property or a public right of way.
I. No person shall cultivate marijuana in any manner that
causes any of the following conditions: Light, glare, heat, mold, odor, noise, or vibration
that is or whose effect is either detrimental to public health, safety, or welfare or
interferes with the reasonable enjoyment of life or property.
M. A portable fire extinguisher, that complies with the
regulations and standards adopted by the state fire marshal and applicable law, shall be
kept in same room as where cultivation occurs.
n. Cultivation of marijuana shall not displace required off - street
parking, or violate any other provisions of the code.
o. All electrical equipment used in the cultivation of marijuana
(e.g. lighting and ventilation) shall be plugged directly into a wall outlet or otherwise
hardwired.
D. Prior to performing any work on electrical wiring /rewiring the
applicant shall first obtain a buildino, mechanical and /or electrical permit, as required,
from the building division.
B- F. Use or Activity Prohibited by State or Federal Law.
Nothing contained in this chapter shall be deemed to permit or authorize any use
or activity which is otherwise prohibited by any state or federal law. (Ord. 1652; Ord.
1580)"
DG. Public nuisance.
Any violation of this section is hereby declared to be a public nuisance and may
be abated by the City.
€H. Violations.
In addition to any other enforcement permitted by Chapter 1.15 of the Seal
Beach Municipal Code, 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 attorney's fees and costs to the prevailing party. Notwithstanding the
penalties set forth in Chapter 1.15, this chapter does not authorize a criminal
prosecution or arrest prohibited by Health and Safety Code Section 11362.71 et seq. or
Sections 11362.1 et seq., as the same maybe amended from time to time. In the event
of any conflict between the penalties enumerated under Chapter 1.15 and any penalties
set forth in state law, the maximum penalties allowable under state law shall govern."
11
Ordinance No. 1663
SECTION 5. CEQA. The City Council hereby finds that it can be seen with
certainty that there is no possibility that the adoption of this Ordinance, and the
prohibitions established hereby, may have a significant effect on the environment,
because the Ordinance will only impose greater limitations on activities in the City, and
will thereby serve to eliminate potentially significant adverse environmental impacts. It
is therefore not subject to the California Environmental Quality Act review pursuant to
Title 14, Chapter 3, Section 15061(b)(3) of the California Code of Regulations. A Notice
of Exemption will be prepared.
SECTION 6. 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 7. 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 8. 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 9. Effective Date. This Ordinance shall go into effect on the 31 st 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.
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss
CITY OF SEAL BEACH }
12
Mayor
Ordinance No. 1663
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 1663 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 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 1663 has been published pursuant
to the Seal Beach City Charter and Resolution Number 2836.
City Clerk
13