HomeMy WebLinkAboutItem FSEA( @f�=
AGENDA STAFF REPORT 1
4/FORN�P
DATE: February 27, 2017
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Robin L. Roberts, City Clerk
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE 1664
SUMMARY OF REQUEST:
That the City Council waive further reading and adopt Ordinance No. 1664, an
Ordinance of the City of Seal Beach Amending Chapter 11.4.100 (Medical
Marijuana) of Part IVE, amending Table 11.2.05.010 and Table 11.2.10.010 of
Part II of Title 11 of the Seal Beach Municipal Code.
BACKGROUND AND ANALYSIS:
At its meeting of February 13, 2017, the City Council introduced Ordinance No.
1664, to prohibit all commercial non - medical marijuana uses as defined, to retain
the existing prohibition on outdoor cultivation of marijuana, to allow the indoor
cultivation at private residences of up to six marijuana plants for personal use
subject to compliance with reasonable regulations, and to retain the existing
limited exemptions for personal medical marijuana use by qualified patients or
persons holding identification cards for medical marijuana and provision of
medical marijuana by qualified caregivers to less than three qualified patients as
allowed by state law, 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 CEA
guidelines. This item is to adopt Ordinance No. 1664 in compliance with state law
requiring that ordinances be adopted at least 5 days after introduction at a
regular or adjourned regular meeting. Upon adoption and pursuant to City
Charter Section 414, the ordinance will be published within 15 days after
adoption.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form.
Agenda Item F
FINANCIAL IMPACT:
There is no financial impact related to this item.
RECOMMENDATION:
That the City Council waive further reading and adopt Ordinance No. 1664, an
Ordinance of the City of Seal Beach Amending Chapter 11.4.100 (Medical
Marijuana) of Part IVE, amending Table 11.2.05.010 and Table 11.2.10.010 of
Part II of Title 11 of the Seal Beach Municipal Code.
SUBMITTED BY: NOTED AND APPROVED:
(Wc4iv— ()�u n) , Jnvw Y-rq
Robin L. Roberts, City Clerk II . Ingram, City �Jnager
Attachment:
A. Ordinance No. 1664
Page 2
"Attachment A"
ORDINANCE NO. 1664
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 PROHIBIT ALL COMMERCIAL NOW
MEDICAL MARIJUANA USES AS DEFINED, TO RETAIN THE
EXISTING PROHIBITION ON OUTDOOR CULTIVATION OF
MARIJUANA,TO ALLOW THE INDOOR CULTIVATION AT PRIVATE
RESIDENCES OF UP TO SIX MARIJUANA PLANTS FOR
PERSONAL USE SUBJECT TO COMPLIANCE WITH
REASONABLE REGULATIONS, AND TO RETAIN THE EXISTING
LIMITED EXEMPTIONS FOR PERSONAL MEDICAL MARIJUANA
USE BY QUALIFIED PATIENTS OR PERSONS HOLDING
IDENTIFICATION CARDS FOR MEDICAL MARIJUANA AND
PROVISION OF MEDICAL MARIJUANA BY QUALIFIED
CAREGIVERS TO LESS THAN THREE QUALIFIED PATIENTS AS
ALLOWED BY STATE LAW, 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.
Ordinance No. 1664
D. The AUMA permits cities to (1) adopt and enforce local ordinances to
regulate non - medical marijuana and non - medical marijuana businesses and other
activities, 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
the plants if secured in compliance with state law. 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.
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 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, as enacted by Ordinance Nos. 1580 and 1652. The City also currently
prohibits medical marijuana dispensaries, mobile marijuana dispensaries, and
marijuana deliveries, as defined, 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 Nos. 1580 and 1652.
G. The City's current ordinances were adopted following voter approval of
Proposition 215, the Compassionate Use Act of 1996 ( "CUA "), and implementing State
statutes including the Medical Marijuana Program (the WIMP "), (California Health and
Safety Code § 11362.5, 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 City's current ordinances do not preclude a qualified patient or
,individual with a duly- issued identification card (as defined in the Compassionate Use
Act) from using medical marijuana for medical purposes, or from receiving medical
marijuana from a primary caregiver, as allowed by State law.
H. 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 a limited exception for indoor
cultivation of marijuana at private residences, in all zoning districts and specific plan
areas in the City ( "Code Amendments "), while also retaining existing zoning prohibitions
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Ordinance No. 1664
on medical marijuana dispensaries, mobile marijuana dispensaries, and deliveries, as
defined, in all zoning districts and specific plan areas of the City, and while retaining
existing provisions allowing personal use of medical marijuana by qualified patients or
holders of identification cards and provision of medical marijuana by primary caregivers
to qualified patients and identification card holders as allowed by State law. Nothing in
this Ordinance shall preempt or make inapplicable any provision of State or Federal law.
I. The City Council finds that the prohibitions on marijuana uses and outdoor
marijuana cultivation, as defined in this Ordinance, and the limited exceptions for indoor
cultivation of marijuana for personal use at private residences subject to compliance
with state and city regulations limiting indoor personal cultivation, while retaining the
limited exemption for personal medical use, 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. In adopting Resolution No.
17 -02, the Planning Commission also recommended that the City Council reaffirm the
existing exemptions for limited 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, 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
illness for which marijuana provides relief.
SECTION 3. City Council Proceedings. On February 13, 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
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 highlightincr
deletions marked by °stFike outs):
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Ordinance No. 1664
"Chapter 11.4.100
MEDICAL MARIJIUANA, MARIJUANA USES
11.4.100.005
Definitions.
11.4.100.010
Prohibited uses.
11.4.100.015
Public nuisance.
11.4.100.020
Civil Penalties.
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 mariivana activity" includes 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. "Commercial mariivana activity" also includes the activities of any business or
other activity licensed by the State or other government entity under Chapter 3.5 of
Division 8 or Division 10 of the Business & Professions Code, as thev may be amended
from time to time
C. "Commercial mariivana uses" means any business, use or person
engaged in commercial marijuana activity.
D. "Compassionate Use Act' or "CUA" means 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.
E. "Concentrated cannabis" shall have the same meaning as "cannabis
concentrate" as defined in Business and Professions Code Section 19300.5, as the
same may be amended from time to time.
F. "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
19300.50), as the same may be amended from time to time.
M
Ordinance No. 1664
G. "Identification Card" means a document issued by the State Department of
Health Services which identifies a person authorized to engage in the medical use of
mariivana and the person's designated primary caregiver, if any.
H. `Manufacture" means to compound, blend, extract, infuse, or otherwise
make or prepare a marijuana product.
1. `Marijuana" means all parts of the plant Cannabis sativa L., whether
arowina 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. "Mariivana" 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 mariivana to
prepare topical or oral administrations, food, drink, or other product.
"Mariivana" also includes "cannabis" as defined in Business and Professions
Code Section 19300.5(f), as the same may be amended from time to time. "Marijuana"
also includes "medical mariivana" as defined in subsection K of this section.
J. `Marijuana accessories" means any equipment, products or materials of
any 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,
vaporizing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing
mariivana or mariivana products into the human body.
K. "Marijuana product" means mariivana that has underqone 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" includes both
medical mariivana products and non - medical mariivana products.
L. `MCRSA" shall collectively mean 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
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Ordinance No. 1664
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.
M. "Medical marijuana" shall mean marijuana used for medical purposes
where that medical use is deemed appropriate and has been recommended by a
.- . 11111111 . . . .. . -.
pain, marijuana in the treatment of cancer, anorexia, AIDS, chronic ..
laucoma, arthritt . s, mwal . no, or anv other serious medical condition for wh
..
N. "Medical Mariivana 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
mariivana, as well as concentrates and extractions, intended to be sold for use by
medical mariivana patients pursuant to the Compassionate Use Act of 1996
(Proposition 215).
O. "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.
P. "Primary Careaiver" means 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.
0
Ordinance No. 1664
Q. "Private residence" means a house, an apartment unit, a mobile home, or
other similar dwelling lawfully used as a residence.
R. "Qualified Patient' means 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.
11.4.100.010 Prohibition Prohibited uses; Exceptions.
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 enaaae 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 mariivana use.
B. The outdoor cultivation of marijuana any
purposes is expressly prohibited in all zGRe&— ng 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 outdoor cultivation of mariivana.
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 indoor cultivation is
authorized by Health and Safety Code Sections 11362.1 and 11362.2, and further to the
extent the indoor cultivation complies with Chapter 5.70 of this code. As used herein,
"fully enclosed and secured" means a space within a building, greenhouse or other
structure which has a complete roof enclosure supported by connecting walls extending
from the around to the roof, which is secure against unauthorized entry, provides
complete visual screening, and which is accessible only through one or more lockable
doors and inaccessible to minors, and further complies with all other requirements of
Section 5.70.025 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,
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Ordinance No. 1664
transporting, obtaining or giving away to persons 21 years of age or older, without
compensation whatsoever, not more than 28.5 prams of mariivana 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 aqe or older without compensation whatsoever, to the extent that
such activities are authorized by Health and Safety Code Section 11362.1 et seq.
3. Subsection A of this Section 11.4.100.010 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 A of this Section 11.4.100.010 shall not prohibit any
Primary careaiver from delivering administering or transporting medical mariivana to
less than 3 (three) qualified patients or holders of an identification card for a verified
medical purpose as defined under subsection (h) of Health and Safety Code Section
11362.7, as such section may be amended from time to time or as otherwise allowed by
state law.
D. This section shall be read and interpreted in conjunction with Section
5.70.025 of Chapter 5.70 of Title 5 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 except as
authorized by this Section, and for the State of California 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.
11.4.100.015020 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
H
Ordinance No. 1664
arrest prohibited by Health and Safety Code Section 11362.71 et seq. or Section
11362.1 et seg., as the same may be amended from time to time. In the event of an
conflict between the penalties enumerated under Municipal Code Chapter 1.15 and any
penalties set forth in state law, the maximum penalties allowable under state law shall
govern. ; Ord. 16601)"
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 highliphtinpl:
11.2.05.010 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
91
RLD
I RMD
I RHO
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
91
Ordinance No. 1664
-10-
RLD
RMD
RHD
Additional Regulations
Family Day Care
Small Family
P
P
P
Large Family
C
C
C
See Section 11.4.05.045.6
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 C; and
Section 5.70.025
Mariivana – Outdoor cultivation
_—
_—
_—
See Section
11.4.100.010.8; and
Section 5.70.025
Marijuana – Indoor cultivation at
L_3
L_3
L_3
See Section
11.4.100.010.C.1 and
Section 5.70.025
private residence
Public, Semi - Public, and Service Use
Types
Clubs and Lodges
—
—
C
See Section 11.4.05.080
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
See Section 11.4.85.020.N
Commercial Marijuana Uses
—
—
_
—
See Section
11.4.100.010.A and C; and
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Ordinance No. 1664
it-
RLD
RMD
RHD
Additional Regulations
Section 5.70.025
See Section
Mariivana - Outdoor cultivation
=
_
=
11.4.100.010.8; and
Section 5.70.025
Mariivana - Indoor cultivation at
See Section
private residence (lawfully
11.4. 100.010.C.1 and
nonconforming private
-3
-3
-3
Section 5.70.025
residence
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
—
—
L -2
Services
See Section
Commercial Mariivana Uses
_—
_—
_—
11.4.100.010.A and C; and
Section 5.70.025
See Section
Mariivana - Outdoor cultivation
_—
_—
_—
11.4.100.010.8; and
Section 5.70.025
Mariivana - Indoor cultivation at
See Section
private residence (lawfully
LL
LL =3
L_3
11.4.100.O10.C.1 and
nonconforming priva te
=3
Section 5.70.025
residence
Personal Services
—
—
L -2
Retail Sales
—
—
L -2
Short Term Rental of
_
—
—
See Section 11.4.05.135
Residentially Zoned Property
Transportation, Communication, and Utility Use
Types
Communication Facilities
See Chapter 11.4.70
Antennae and Transmission
C
C
C
it-
Ordinance No. 1664
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 mariivana cultivation of no more than six (6) live mariivana plants for
personal use, to be planted, cultivated, harvested, dried, or processed within a single private
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 hiphlightino):
"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
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.
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RLD
RMD
RHD
Additional Regulations
Towers
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
P
P
See 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 mariivana cultivation of no more than six (6) live mariivana plants for
personal use, to be planted, cultivated, harvested, dried, or processed within a single private
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 hiphlightino):
"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
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.
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Ordinance No. 1664
"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 C: and
Section 5.70.025
Marijuana - Outdoor cultivation
—
_
_
_
=
See Section
11.4.100.010.B
and Section
13-
Ordinance No. 1664
LC /RMD PO MSSP SC GC Additional
Regulations
,7a -- Indoor marijuana See Section
on at private residence 11.4.100.01(
nonconforming private L -7 L -7 L -7 L -7 L -7 and Section
5.70.025
Semi - Public, and Service Use
Clubs and Lodges
Community Center
Community Social Service
Facilities
Cultural Institutions
Day Care Center
Government Offices
Hospitals and Clinics
Hospitals
Clinics
Park and Recreation Facilities
Parking Facilities, Public
Public Safety Facilities
Religious Facilities
Residential Care Facilities
Residential Care, General
Residential Care, Limited
Residential Care, Senior
Schools, Private
1w
C
C
—
C
—
C
—
C
—
C
—
C
C
C
—
C
A
A
A
A
—
C
—
C
—
C
—
C
P
P
P
P
C
C
C
C
A
A
A
A
—
C
—
C
—
C
—
C
P
C
—
C
—
C
—
C
C
C
—
C
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C
See Section
11.4.05.080
C
C
C
See Section
11.4.05.080
C
See Section
11.4.05.045
A
C
C
P
C See Chapter
11.4.20
A
C
See Section
11.4.05.105
C
C
C
C See Section
11.4.05.080
Ordinance No. 1664
15-
LC /RMD
PO
MSSP
SC
GC
Additional
Regulations
See Section
Commercial Marijuana Uses
=
_
_
_
=
11.4.100.010.A
and C: and
Section 5.70.025
See Section
Marijuana – Outdoor cultivation
—
—
—
—
—
—
—
—
—
—
11.4.100.010.8:
and Section
5.70.025
See Section
Mariivana – Indoor cultivation at
11.4. 100.010.C. 1
private residence (legally
LL -7
LL
LL -7
LL -7
LLL-7
and Section
nonconforming private residence)
-77
5.70.025
Commercial Use Types
See Chapter
Adult Business Establishments
—
—
—
—
P
11.4.50
Animal Sales and Services
—
—
A
A
A
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
Institutions
—
P
P
P
P
15-
Ordinance No. 1664
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LC/RMD
PO
MSSP
SC
GC
Additional
Regulations
With Drive - Through Facilities
—
C
C
C
C
See Section
11.4.05.050
Automated Teller Machines
A
A
A
A
See Section
(ATMs)
11.4.05.030
Building Materials and Services
—
—
—
—
C
L-2,
Business Services
P
P
P
P
-3 3
Commercial Recreation
Large -scale
—
—
—
C
C
Small -scale
—
—
—
A
A
Eating and Drinking
Establishments
Bars
—
—
C
C
C
Coffee House /Dessert Shop
—
—
P'L 65'
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
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
-16-
Ordinance No. 1664
17-
LURMD
PO
MSSP
SC
GC
Additional
Regulations
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
L -2,
Laboratories
—
P
P
P
L -3
Maintenance and Repair Services
P
—
—
P
P
See Chapter 5.45,
L -2,
Massage and
Massage Establishment
P
P
L 3
P
P
Massage
Establishments
See Section
11.4.100.010.A
Commercial Marijuana Uses
=
_
_
_
=
and C; and
Section 5.70.025
See Section
Mariivana -- Outdoor cultivation
=
_
_
_
=
11.4.100.010.B;
and Section
5.70.025
Mariivana – Indoor cultivation at
See Section
11.4. 100.010.C. 1
ovate residence (legally
LL -7
LL -7
LL -7
LL -7
LL -7
and Section
nonconforming private residence)
5.70.025
Offices, Business and
L -2'
Professional
P
P
L -3
P
P
Walk -in Clientele
P
P
L -2,
P
P
17-
Ordinance No. 1664
LC /RMD
PO
MSSP
SC
GC
Additional
Regulations
L -3
Offices, Medical and Dental
P
P
L-2, -3 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 C; and
Section 5.70.025
Marijuana – outdoor cultivation
—
—
—
—
—
—
—
—
_—
See Section
11.4. 100.010.8;
Section
5.70.025
Marijuana – indoor cultivation at
LL -7
LL -7
LL -7
LL -7
L_7
See Section
11.4. 100.010.C. I
private residence (legally
nonconforming private residence)
and Section
5.70.025
Ordinance No. 1664
19-
LC /RMD
PO
MSSP
SC
GC
Additional
Regulations
Indoor Commercial Storage
—
—
—
—
—
Outdoor Storage
—
—
—
Personal Storage
—
—
—
—
—
Transportation, Communication, and Utility Use Types
See Chapter
Wireless Communication Facilities
11.4.70
Antennae and Transmission
C
C
C
C
C
Towers
Satellite dishes less than 79" in
P
P
P
P
P
diameter
See Section
Recycling Facilities
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
See Chapter
—
—
—
—
11.4. 100.010.A
Commercial marijuana uses
—
—
—
—
_—
Section
5.70.025
See Chapter
11.4.100.010.8;
Mariivana -- outdoor cultivation
=
_
_
_
=
and Section
5.70.025
See Section
Mariivana – indoor cultivation at
L -7
—
L -7
—
L -7
—
L -7
L -7
—
11.4. 100.010.C. 1
private residence (legally
and Section
nonconforming private residence)
5.70.025
19-
Ordinance No. 1664
IMIRMD
PO
MSSP
SC
GC
Additional
Regulations
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 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 Section
5.70.025 of Chapter 5.70."
SECTION 8. 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
sere 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 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 9. 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.
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Ordinance No. 1664
SECTION 10. 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 11. 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 12. 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 27 day of _February_, 2017.
ATTEST:
Robin L. Roberts, City Clerk
-21-
Sandra Massa - Lavitt, Mayor
Ordinance No. 1664
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
January 23, 2017, was read and approved at a regular meeting held on February 13,
2017, and passed, approved and adopted by the City Council of the City of Seal Beach
at a regular meeting held on February 27, 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 1664 has been published pursuant
to the Seal Beach City Charter and Resolution Number 2836.
Robin L. Roberts, City Clerk
-22-