HomeMy WebLinkAboutCC Ord 1664 2017-02-27ORDINANCE NO. 1664
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS:
SECTION 1. Findings and Purpose.
A. The City of Seal Beach, California (the "City ") is a charter city, duly
organized under the constitution and laws of the State of California.
B. On November 8, 2016, California voters approved the Control, Regulate
and Tax Adult Use of Marijuana Act ( "AUMA "). The AUMA creates a comprehensive
system to regulate commercial non - medical marijuana activity. To regulate commercial
use of non - medical marijuana, the AUMA adds Division 10 (Marijuana) to the Business
& Professions Code, Sections 26000 et seq., which grants State agencies the authority
to create, issue, renew, discipline, suspend, or revoke licenses for marijuana
businesses. The AUMA provides that the State shall begin issuing licenses to
marijuana businesses under Division 10 of the Business and Professions Code by
January 1, 2018.
C. California Business and Professions Code Section 26055(e) provides that
a State licensing authority shall not approve an application for a State license for
commercial non - medical marijuana activity if approval of the State license will violate
the provisions of any local ordinance.
D. The AUMA permits cities to (1) adopt and enforce local ordinances to
regulate non - medical marijuana 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.
1 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.
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.
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.
1 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.
Ordinance No. 1664
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 1
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 "MMP "), (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
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.
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Ordinance No. 1664
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
Applying in Some or All Districts) of Title 11 (Zoning) of the Seal Beach
is hereby amended in its entirety to read as follows (additions marked
deletions marked by strike outs):
"Chapter 11.4.100
MEDICAL MARijUANA, 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.
IV (Regulations
Municipal Code
by hjghlighting
For purposes of this section, the following words and phrases shall mean:
A. `AUMA" means the Control. Reoulate 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 mariivana and /or mariivana products whether or not
for profit. "Commercial marijuana 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.
1 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 mariivana. "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.
-3-
Ordinance No. 1664
G. "Identification Card" means a document issued by the State Department of
Health Services which identifies a person authorized to engacle 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 mariivana product.
1. `Marijuana" means all parts of the plant Cannabis sativa L., whether
growing or not: the seeds thereof; the resin extracted from any part of the plant: and
every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its
seeds or resin. "Marijuana" does not include:
1. Industrial hemp, as defined in Section 11018.5 of the California
Health & Safety Code; or
2. The weight of any other ingredient combined with marijuana to
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, growinq, 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 marijuana products into the human body.
K. `Mariivana product" means mariivana that has underoone 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 marijuana products and non - medical marijuana products.
L. ` MCRSA" shall collectivelv mean the Medical Cannabis Regulation and
Safety Act as contained, codified, enacted, and sioned 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.
M. "Medical marijuana" shall mean mariivana used for medical purposes
where that medical use is deemed appropriate and has been recommended by a
ah ysician who has determined that the person's health would benefit from the use of
mariivana 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, or as otherwise
defined by state law. shall have the ° °^ ^ m Rabin" as set forth iR the
Busoness and Drofondo n Gode SeGt'on 19309.5(f), as the same . be .. d -1 fFAFA
iRdiGa, eF GanRabis ruderalis, whether grewiRg or Ret; the n^^G'° thWe9f• the
igh,p hor AR AP ^ purified, extracted fFem o part o f the plant; a Rd ^
.r
naR faGt o salt, de Fi aty of mixture, r+Fo of the plant, Bn seeds, OF
KIM
Ordinance No. 1664
1
N. `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
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, 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.
P. `Primary Caregiver" 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.
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 mariivana uses are expressly prohibited in all zoning districts
and specific plan areas in the city. No person shall establish, operate, maintain,
conduct, allow or enga4e in commercial mariivana 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
purposes is expressly prohibited in all zeeeTzoning districts and all specific plan areas
in the city. No person owning, renting, leasing, occupying or
having char_ge 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 mariivana 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
-5-
Ordinance No. 1664
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,
transporting, obtaining or giving away to persons 21 years of age or older, without
compensation whatsoever, not more than 28.5 prams of marijuana not in the form of
concentrated cannabis or up to eight grams 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 mariivana accessories to
persons 21 years of ape or older without compensation whatsoever, to the extent that
such activities are authorized by Health and Safety Code Section 11362.1 et sea.
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 marijuana 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 caregiver from delivering, administering or transportinq medical marijuana 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 coniunction 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 mariivana uses in the city to the fullest extent permitted by law except as
authorized by Section, and for the State of California not to issue anv state licenses
for such uses to operate in the ci
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.
11.4.100.046020 Civil Penalties.
In addition to any other enforcement permitted by Chapter 1. 15, the city attorney
may bring a civil action for injunctive relief and civil penalties against any person or
entity that violates this chapter. In any civil action brought pursuant to this section, a
court of competent jurisdiction may award reasonable attorneys' fees and costs to the
prevailing party. No provision of Chapter 1.15 shall authorize a criminal prosecution or
arrest prohibited by Health and Safety Code Section 11362.71 et seq. or Section
11362.1 et seq., as the same ma be amended from time to time. In the event of an
conflict between the penalties enumerated under Municipal Code Chapter 1.15 and any
Ordinance No. 1664
penalties set forth in state law, the maximum penalties allowable under state law shall
oa vern.
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 highlighting):
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.
1 Table 11.2.05.010
USE REGULATIONS — RESIDENTIAL DISTRICTS
n
-7-
RLD
' RMD
RHD
Additional Regulations
Residential Use Types
Single -Unit Residential
P
P
P
See Section 11.4.05.100
Second Unit
P
P
P
See Section 11.4.05.115
Two -Unit Residential (Duplex)
—
P
P
Multiple -Unit Residential
—
P
P
See Section 11.4.05.110
Family Day Care
Small Family
P
P
P
Large Family
C
C
C
See Section 11.4.05.045.8
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 Mariivana 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
private residence
-7-
Ordinance No. 1664
8
RLD
RMD
RHD
Additional Regulations
Section 5.70.025
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
Section 5.70.025
Marijuana – Outdoor cultivation
=
_
=
See Section
11.4.100.010.B; and
Section 5.70.025
Mariivana – Indoor cultivation at
-3
_3
3
See Section
1 Section o00.70.0 5 and
Section 5.70.025
private residence (lawfully
nonconforming private
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
Services
—
—
L-2
Commercial Mariivana Uses
_—
_—
_—
See Section
11.4.100.010.A and C; and
Section 5.70.025
Mariivana – Outdoor cultivation
_—
_—
_—
See Section
11.4.100.010.B; and
Section 5.70.025
Marijuana – Indoor cultivation at
L3
L_3
L =3
See Section
11.4.100.010.C.1 and
Section 5.70.025
private residence (lawfully
nonconforming private
residence
Personal Services
L -2
8
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 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 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 highlighting):
"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.
"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
0
RLD
RMD
iRHD
Additional Regulations
Retail Sales
—
—
L -2
Short Term Rental of
_
—
—
See Section 11.4.05.135
Residentially Zoned Property
Transportation, Communication, and Utility Use i
a
Types
Communication Facilities
See Chapter 11.4.70
Antennae and Transmission
C
C
C
Towe rs
Satellite Dishes less than 39"
P
P
P
in diameter
Utilities, Minor
P
P
P
Other Applicable Use
Regulations i
Accessory Use
See Section 11.4.05.100
Home Occupations
P
I P
I 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 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 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 highlighting):
"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.
"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
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Ordinance No. 1664
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
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Additional
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Residential Use Types
See Section
Single Unit Residential
P
—
L -1
—
—
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
—
—
—
See Section
Commercial Mariivana Uses
—
—
—
—
—
—
—
—
—
—
11.4.100.01O.A
and C: and
Section 5.70.025
See Section
Marijuana – Outdoor cultivation
—
—
—
—
—
—
—
—
11.4.100.010.8 and Section
5.70.025
Mariivana -- Indoor mariivana
L -7
L -7
L -7
L -7
L -7
See Section
11.4.100.010.C.1
cultivation at private residence
flegally nonconforming private
and Section
5.70.025
residence
Public, Semi - Public, and Service Use
Types
Clubs and Lodges
—
—
— .
C
C
See Section
11.4.05.080
Community Center
C
C
—
C
C
Community Social Service
Facilities
—
C
—
C
C
Cultural Institutions
—
C
—
C
C
See Section
11.4.05.080
Day Care Center
C
C
—
C
C
See Section
11.4.05.045
Government Offices
A
A
A
A
A
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Hospitals and Clinics
Hospitals
—
C
—
C
C
Clinics
—
C
—
C
C
Park and Recreation Facilities
P
P
P
P
P
Parking Facilities, Public
C
C
C
C
C
See Chapter
11.4.20
Public Safety Facilities
A
A
A
A
A
Religious Facilities
—
C
—
C
C
Residential Care Facilities
See Section
11.4.05.105
Residential Care, General
—
C
—
C
C
Residential Care, Limited
P
C
—
C
C
Residential Care, Senior
—
C
—
C
C
Schools, Private
C
C
—
C
C
See Section
11.4.05.080
See Section
Commercial Marijuana Uses
=
_
_
_
=
11.4.100.0 1O.A
and C; and
Section 5.70.025
See Section
Marijuana – Outdoor cultivation
=
_
_
—
=
11.4.100.010.8;
and Section
5.70.025
Marijuana – Indoor cultivation at
See Section
11.4.100.010.C.1
private residence (legally
nonconforming private residence)
LL =7
LL -7
LL -7
LL -7
LL -7
and Section
5.70.025
Commercial Use Types {
Adult Business Establishments
—
—
—
—
P
See Chapter
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
Leasing
—
—
—
—
P
Automobile /Vehicle Service and
See Section
Repair, Major
_
_
_
C
C
11.4.05.040
Automobile Service
Stations/Vehicle Service and
—
—
—
C
C
See Section
Repair, Minor
11.4.05.035
Automobile Washing
—
—
—
A
A
Large Vehicle Sales, Services
—
—
A
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and Rental
Bakery
L -4
—
L -4
L -4
L -4
Banks and Other Financial
—
P
P
P
P
Institutions
With Drive - Through Facilities
—
C
C
C
C
See Section
4
1 1.4.05.050
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
L -3
Commercial Recreation
Large -scale
—
—
—
C
C
Small -scale
A
A
Eating and Drinking
Establishments
Bars
—
—
C
C
C
Coffee House /Dessert Shop
—
—
PSL g5'
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
11.4.05.015
Liquor Stores
—
—
C
C
C
See Section
11.4.05.070
Funeral Parlors and Mortuaries
—
—
P
Home Improvement Sales and
See Sections
Services
C
11.4.05.090 and
11.4.05.140
Hotels and Motels
—
—
C
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Kennel
—
—
—
C
C
Kiosks
—
—
—
A
A
See Section
11.4.05.065
L -2,
Laboratories
—
P
P
P
L -3
Maintenance and Repair Services
P
—
—
P
P
See Chapter 5.45,
Massage Establishment
P
P
L -2,
P
P
Massage and
L -3
Massage
Establishments
See Section
Commercial Mariivana Uses
=
_
_
_
=
11.4.100.010.A
and C: and
Section 5.70.025
See Section
Mariivana Outdoor cultivation
—
—
—
—
—
—
—
—
—
—
4. 100. 010. B:
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and Section
5.70.025
See Section
Mariivana – Indoor cultivation at
11.4. 100.010.C. 1
private residence (legally
LL -7
LL -7
LL -7
LL -7
LL -7
and Section
nonconforming private residence)
5.70.025
Offices, Business and
P
P
L-2,
P
P
Professional
L -3
L -2,
Walk -in Clientele
P
P
P
P
L -3
L-2,
Offices, Medical and Dental
P
P
P
P
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Parking Facilities, Commercial
—
—
C
—
C
See Chapter
11.4.20
Personal Services
P
P
P
P
P
See Section
Retail Sales
P
—
P
P
P
11.4.05.090
See Section
Large Format
—
—
—
P
P
11.4.05.140
Smoke Shop
—
—
—
C
C
See Chapter 5.75
See Chapter
Tattoo Establishments
—
—
—
—
C
11.4.65
Theaters
—
—
C
—
C
Light Manufacturing Use Types
Contractors' Yards
—
—
—
Handicraft/Custom Manufacturing
P
P
P
P
P
Industry, Limited
—
—
—
—
—
Industry, General
—
—
—
—
—
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Additional
Regulations
Warehousing and Storage
Commercial mariivana uses
—
—
—
—
—
—
—
—
—
—
See Chapter
11.4.100.010.A
and C: and
Section 5.70.025
Mariivana — outdoor cultivation
—
—
—
—
—
—
—
—
—
—
See Section
11.4. 100.010. B:
and Section
5.70.025
Marijuana — indoor cultivation at
LL -7
LL -7
LL -7
LL -7
LL -7
See Section
11.4. 100.010.C. 1
Private residence (legally
nonconforming private residence)
and Section
5.70.025
Indoor Commercial Storage
—
Outdoor Storage
—
—
—
—
—
Personal Storage
Transportation, Communication, and Utility Use Types
Wireless Communication Facilities
See Chapter
11.4.70
Antennae and Transmission
Towers
C
C
C
C
C
Satellite dishes less than 79" in
diameter
P
P
P
P
P
Recycling Facilities
See Section 11.4.10.025
Recycling Collection Point
—
—
—
C
C
Recycling Processing Facility
—
C
Reverse Vending Machines
P
P
P
P
P
Utilities, Major
Hazardous Waste Facility
—
—
—
—
C
See Chapter
11.4.60
Utilities, Minor
P
P
P
P
P
Agriculture Use Types
Nurseries
—
—
P
P
P
Commercial mariivana uses
=
_
_
_
=
See Chapter
11.4. 100. 01 O.A
and Section
5.70.025
Marijuana outdoor cultivation
—
—
—
—
—
—
—
—
_—
See Chapter
.
11.4.100.010B;
and Section
5.70.025
Marijuana - indoor cultivation at
See Section
11.4. 100.010.C. 1
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Ordinance No. 1664
L -1 Permitted if an existing use; new uses are prohibited. See Chapter 11.4.40:
Nonconforming Uses, Structures, and Lots
L -2 Not allowed on the ground floor along Main Street without a conditional use permit;
allowed on side streets as a permitted use
L -3 If on the ground floor along Main Street permitted If an existing use; new uses are
prohibited. See Chapter 11.4.40: Nonconforming Uses, Structures, and Lots
L -4 Bakery production sold at retail on premise
L -5 Permitted use if less than 1,000 square feet and less than 10 seats
L -6 Minor use permit required if 1,000 square feet or more and 10 seats or more
L -7 Limited to indoor mariivana cultivation of no more than six (6) live marijuana plants for
personal use, to be planted, cultivated, harvested, dried, or processed within a sinole
private residence or inside an accessory structure located upon the orounds 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
serve to eliminate potential significant adverse environmental impacts. The proposed
ordinance will not have an impact on the physical environment as they will not result in
any changes to the environment. The 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.
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.
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Additional
Regulations
private residence (legally
LL -7
LL -7
LL -7
L-7
LL -7
and Section
nonconforming private residence)
5.70.025
Other Applicable Use
f a3
Regujations�ll• -° %MNI "
Accessory Use
See Section 11.4.05.010: Accessory Business Uses and
Activities
Nonconforming Use
See Chapter 11.4.40: Nonconforming Uses, Structures,
and Lots
Temporary Use
See Chapter 11.5.25: Director Determinations
L -1 Permitted if an existing use; new uses are prohibited. See Chapter 11.4.40:
Nonconforming Uses, Structures, and Lots
L -2 Not allowed on the ground floor along Main Street without a conditional use permit;
allowed on side streets as a permitted use
L -3 If on the ground floor along Main Street permitted If an existing use; new uses are
prohibited. See Chapter 11.4.40: Nonconforming Uses, Structures, and Lots
L -4 Bakery production sold at retail on premise
L -5 Permitted use if less than 1,000 square feet and less than 10 seats
L -6 Minor use permit required if 1,000 square feet or more and 10 seats or more
L -7 Limited to indoor mariivana cultivation of no more than six (6) live marijuana plants for
personal use, to be planted, cultivated, harvested, dried, or processed within a sinole
private residence or inside an accessory structure located upon the orounds 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
serve to eliminate potential significant adverse environmental impacts. The proposed
ordinance will not have an impact on the physical environment as they will not result in
any changes to the environment. The 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.
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.
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Ordinance No. 1664
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 y of Febr17.
G9*
Sandra Massa - Lavitt, Mayor 1
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
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 Members: Massa - Lavitt, Varipapa, Deaton, Moore, Sustarsic
NOES: Council Members: None
ABSENT: Council Members: None
ABSTAIN: Council Members: None
and do hereby further certify that Ordinance Number 1664 has been published pursuant
to the Seal Beach City Charter and Resolution Number 2836.
1
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