HomeMy WebLinkAboutG-1 Staff Report - Ordinance No. 2017-O2 - 2nd Reading MEDICAL MARIJUANA USESSECOND READING ITEM
G-1
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: TROY L. BUTZLAFF, ICMA-CM, CITY MANAGER
FROM: KURT CHISTIANSEN, FAICP, ECONOMIC AND COMMUNITY DEVELOPMENT
DIRECTOR
DATE: JUNE 19, 2017
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 2017-02 AMENDING
SECTION 88.42.035 (MEDICAL MARIJUANA USES) OF CHAPTER 88
(DEVELOPMENT CODE) OF AZUSA CODE TO REGULATE THE PERSONAL,
MEDICAL AND COMMERCIAL USE OF MARIJUANA
SUMMARY:
At the June 5, 2017 City Council meeting, a public hearing was conducted and Ordinance No. 2017-O2
was introduced for first reading, amending Section 88.42.035 (Medical Marijuana Uses) of Chapter 88
(Development Code) of the Azusa Municipal Code to regulate the personal, medical, and commercial
use of marijuana. The proposed action conducts a second reading of the Ordinance, by title only, and
adopts Ordinance No. 2017-O2.
RECOMMENDATION:
Staff recommends that the City Council take the following action:
1) Read by title only, second reading and adoption, Ordinance No. 2017-02; amending Section
88.42.035 (Medical Marijuana Uses) of Chapter 88 (Development Code) of the Azusa Municipal
Code to regulate the personal, medical, and commercial use of marijuana.
DISCUSSION:
Attached to this Staff Report is the proposed Ordinance No. 2017-02 which was introduced at the June
5, 2017 Council meeting. If no further revisions to the Ordinance are desired, the City Council can
move for the adoption of the Ordinance.
FISCAL IMPACT:
At the June 5, 2017 City Council meeting, the City Council adopted Resolution No. 2017-C35 to
establish related permitting fee to process the RIMC Permits.
APPROVED
CITY COUNCIL
6/19/2017
Ordinance No. 2017-02
June 19, 2017
Page 2 of 2
The total for each RIMC Permit fee shall be $426.00 and renewal fee for each permit shall be $213.00
plus associated fees for Live Scan. This amount, as required by law, represents the reasonable
relationship between the fees to be collected and the cost incurred by the City for processing permit
applications. The data compiled by City staff to calculate the estimated hours and costs for processing
an application is shown in Attachment 2.
The proposed recommendation will increase the General Fund permit revenues by $2,127 ($425.3816 X
5) under a conservative forecast of five permits annually since this is brand new program, and each
subsequent annual renewal will increase the General Fund revenues by an estimated amount of $1,063
($212.6905 X 5) plus the actual cost of Live Scan.
The City has the authority to impose fees, charges and rates under the police power granted by Article
XI, Section 7 of the California Constitution. The City will follow the procedures outlined in the
California Government Code to implement the permit fee.
Prepared by: Reviewed and Approved:
Manuel Muñoz Kurt Christiansen, FAICP
Associate Planner Economic & Community Development Director
Reviewed and Approved: Reviewed and Approved:
Louie F. Lacasella Troy L. Butzlaff, ICMA-CM
Management Analyst City Manager
Attachments:
1) Ordinance No. 2017-02
2) RIMC Fees
ORDINANCE NO. 2017-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA,
AMENDING SECTION 88.42.035 OF THE MUNICIPAL CODE
(DEVELOPMENT CODE) TO REGULATE THE PERSONAL, MEDICAL,
AND COMMERCIAL USE OF MARIJUANA
WHEREAS, the City of Azusa, California (the “City”) is a municipal corporation, duly
organized under the constitution and laws of the State of California; and
WHEREAS, California Government Code section 65800 et seq. authorizes the adoption
and administration of zoning laws, ordinances, rules and regulations by cities as a means of
implementing the General Plan; and
WHEREAS, the City passed Urgency Ordinance No. 2016-O11, which prohibited
marijuana dispensaries, manufacturers, cultivation, delivery and all other commercial marijuana
activities in the City; and
WHEREAS, the City desires to continue to ban all marijuana dispensaries, cultivation,
and delivery service land uses within City limits to the extent allowed by California law.
Ordinance No. XX-XX updates the Municipal Code to effectuate that aim; and
WHEREAS, on November 8, 2016, California voters moved to approve Proposition 64,
the Control, Regulate, and Tax Adult Use of Marijuana Act (“AUMA”); and
WHEREAS, AUMA regulates, among other items, the use of marijuana for personal and
commercial purposes, including the recreational use of marijuana by adults over 21 years of age;
and
WHEREAS, to regulate commercial use of marijuana, AUMA adds Division 10
(Marijuana) to the Business & Professions Code, which grants state agencies “the exclusive
authority to create, issue, renew, discipline, suspend, or revoke” licenses for businesses including
the transportation, storage, distribution, sale, cultivation, manufacturing, and testing of
marijuana; and
WHEREAS, AUMA provides that the above state agencies shall promulgate rules and
regulations and shall begin issuing licenses under Division 10 by January 1, 2018; and
WHEREAS, AUMA authorizes cities to completely prohibit the establishment or
operation of any marijuana business licensed under Division 10 within its jurisdiction, including
marijuana dispensaries, marijuana retailers, and marijuana delivery services; and
WHEREAS, absent appropriate local regulation authorized by AUMA, state regulations
will control; and
WHEREAS, the Medical Marijuana Regulation and Safety Act, which took effect
January 1, 2016, regulates use of marijuana for medical purposes; and
Ordinance No. 2017-02
June 19, 2017
Page 2 of 15
WHEREAS, in May 2013, the California Supreme Court held in City of Riverside v.
Inland Empire Patients Health and Wellness Center, Inc., 56 Cal. 4th 729 (2013) that cities have
the authority to regulate or ban outright medical marijuana land uses; and
WHEREAS, the California Attorney General’s August 2008 Guidelines for the Security
and Non-Diversion of Marijuana Grown for Medical Use recognizes that the cultivation or other
concentration of marijuana in any location or premises without adequate security increases the
risk that nearby homes or businesses may be negatively impacted by nuisance activity such as
loitering or crime; and
WHEREAS, under the Federal Controlled Substances Act, the use, possession, and
cultivation of marijuana are unlawful and subject to federal prosecution without regard to a
claimed medical need; and
WHEREAS, the indoor cultivation of marijuana has potential adverse effects to the
health and safety of the occupants; including structural damage to the building due to increased
moisture and excessive mold growth which can occur and can pose a risk of fire and
electrocution; additionally, the use of pesticides and fertilizers can lead to chemical
contamination within the structure; and
WHEREAS, based on the experiences of other cities, these negative effects on the public
health, safety, and welfare are likely to occur, and continue to occur, in the City due to the
establishment and operation of marijuana cultivation, processing, and distribution uses; and
WHEREAS, the City believes a Recreational Indoor Marijuana Cultivation (“RIMC”)
permit is a reasonable requirement to ensure that all marijuana grown in the City is grown in
code-compliant structures that reduce the risk of fire, mold, or other structural damage and
contamination; and
WHEREAS, the City has determined a RIMC permit is necessary to the public health,
safety, and welfare in the City; and
WHEREAS, the subject Municipal Code Amendment is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2), 15060(c)(3) and
15061(b)(3). The activity is not subject to CEQA because it will not result in a direct or
reasonably foreseeable indirect physical change in the environment; the activity is not a project
as defined in Section 15378, and the activity is covered by the general rule that CEQA applies
only to projects, which have the potential for causing a significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity may have a
significant effect on the environment, the activity is not subject to CEQA; and
WHEREAS, this Ordinance would amend section 88.42.035 of the Municipal Code to
clarify the substantive objectives of the Municipal Code regarding the City’s regulation of
marijuana within its City limits.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA,
Ordinance No. 2017-02
June 19, 2017
Page 3 of 15
CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are
incorporated herein by this reference.
SECTION 2. Section 88.42.035 of the Azusa Municipal Code is hereby amended in its
entirety to read as follows:
88.42.035. - Marijuana Uses.
A. PURPOSE.
The purpose of this section is to regulate personal, medical, and commercial marijuana uses.
Nothing in this section shall preempt or make inapplicable any provision of state or federal law.
B. DEFINITIONS.
For purposes of this section, the following definitions shall apply:
1. “Commercial marijuana activity” includes the cultivation, possession,
manufacture, distribution, processing, storing, laboratory testing, labeling,
transportation, distribution, delivery or sale of marijuana and marijuana products.
2. “Cultivation” means any activity involving the planting, growing, harvesting,
drying, curing, grading, or trimming of marijuana.
3. “Cultivation area” includes the area where marijuana plants are cultivated,
cultivation-related materials and supplies are stored, and any marijuana processed
from the cultivation in excess of 28.5 grams.
4. “Day care” means a facility, center, or home req uiring a license that is issued by
the State of California which provides for the care, health, safety, supervision, or
guidance of a child’s social, emotional, and educational growth on a regular basis,
in a place other than the child’s own home, or any facility meeting the definition
of California Health and Safety Code Section 1596.76
5. “Delivery” means the commercial transfer of marijuana or marijuana 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
California law, that enables customers to arrange for or facilitate the commercial
transfer by a licensed retailer of marijuana or marijuana products.
6. “Directly engage” in cultivation means to handle the marijuana plants in the
cultivation process.
7. “Distribution” means the procurement, sale, and transport of marijuana and
marijuana products between entities for commercial use purposes.
Ordinance No. 2017-02
June 19, 2017
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8. “Group Home” means any community care facility regulated and licensed by a
Federal and/or State agency. Unlicensed community care facilities or those
community care facilities the regulation of which is not otherwise preempted by
State or Federal law shall not constitute group homes.
9. “Indirectly engage” in cultivation means to assist, even if not handling marijuana
plants, in the cultivation process.
10. “Licensee” means the holder of any state issued license related to marijuana
activities, including but not limited to licenses issued under Division 10 of the
Business & Professions Code.
11. “Manufacture” means to compound, blend, extract, infuse, or otherwise make or
prepare a marijuana product.
12. “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. It does not include:
(a) Industrial hemp, as defined in Section 11018.5 of the California
Health & Safety Code; or
(b) The weight of any other ingredient combined with marijuana to
prepare topical or oral administrations, food, drink, or other
product.
13. “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 marijuana or marijuana products into the human body.
14. “Marijuana products” means marijuana that has undergone a process whereby the
plant material has been transformed into a concentrate, including, but not limited
to, concentrated cannabis, or an edible or topical product containing marijuana or
concentrated cannabis and other ingredients.
15. “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.
16. “Personal Use” means to possess, use, or give away to persons 21 years of age or
older without any compensation whatsoever.
Ordinance No. 2017-02
June 19, 2017
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17. “Residence” means a private residence such as a house, apartment unit, mobile
home, or similar dwelling.
18. "Sale" includes any transaction whereby, for any consideration, title to marijuana
is transferred from one person to another, and includes the delivery of marijuana
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 marijuana products by a licensee to the licensee from whom such
marijuana or marijuana product was purchased.
19. “Youth Center” means any public or private facility that is primarily used to host
recreational or social activities for minors, including, but not limited to, private
youth membership organizations or clubs, social service teenage club facilities,
video arcades, or similar amusement park facilities.
20. Any term defined in this Section also means the very term as defined in the
California Business & Professions Code or the California Health & Safety Code,
unless otherwise specified.
C. PERSONAL USE.
1. For purposes of this subsection, personal recreational use, possession, purchase,
transport, or dissemination of marijuana shall be considered unlawful in all areas
of the City to the extent it is unlawful under California law.
2. Outdoor Cultivation. A person may not plant, cultivate, harvest, dry, or process
marijuana plants outdoors in any zoning district of the City. No use permit,
building permit, variance, or any other permit or entitlement, whether
administrative or discretionary, shall be approved or issued for any such use or
activity.
3. Indoor Cultivation.
(a) A person may not plant, cultivate, harvest, dry, or process
marijuana plants inside a private residence, or inside an accessory
structure to a private residence located upon the grounds of a
private residence, or inside any other enclosed structure within any
zoning district of the City. No use permit, building permit,
variance, or any other permit or entitlement, whether
administrative or discretionary, shall be approved or issued for any
such use or activity.
(b) To the extent a complete prohibition on indoor cultivation is not
permitted under California law, a person may not plant, cultivate,
harvest, dry, or process marijuana plants inside a private residence,
or inside an accessory structure to a private residence located upon
Ordinance No. 2017-02
June 19, 2017
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the grounds of a private residence, unless the person is issued a
residential indoor cultivation permit by the Economic and
Community Department as detailed in section D (Residential
Indoor Marijuana Cultivation (RIMC) Permit) below. A person
may not plant, cultivate, harvest, dry, or process marijuana plants
inside any enclosed structure within any zoning district of the City
which is not either a private residence or an accessory structure to
a private residence located upon the grounds of a private residence.
D. RESIDENTIAL INDOOR MARIJUANA CULTIVATION (RIMC) PERMIT.
1. Applicability
(a) The RIMC Permit is intended to serve as an instrument of the City’s reasonable
regulation of residential indoor marijuana cultivation as provided by California
Health and Safety Code, Section 11362.2(b)(1). A person may directly or
indirectly engage in residential indoor marijuana cultivation only after obtaining
and maintaining a valid RIMC Permit
(b) A RIMC Permit authorizes:
1. Only one person,
2. To directly or indirectly engage in residential indoor marijuana cultivation
for personal use,
3. At only one residence, and
4. Within only the authorized cultivation area at the residence.
(c) A RIMC Permit does not authorize:
1. Construction or improvements of any structure,
2. A property-at-large for marijuana cultivation,
3. The permit holder or any others to engage in any activity licensed by the
State of California under Division 10 of the Business and Professions
Code, or
4. The following people to directly or in directly engage in residential indoor
marijuana cultivation:
A. The permit holder’s family members,
B. Cohabitants,
Ordinance No. 2017-02
June 19, 2017
Page 7 of 15
C. Guests,
D. Future residents, or
E. Any other person other than the permit holder.
(d) A person may not hold more than one RIMC Permit at a time. Multiple permit
holders may be authorized to engage in residential indoor marijuana cultivation at
the same residence, but a residence must include no more than one cultivation
area and no more than six marijuana plants in total.
2. Review and Appellate Authority.
(a) Applications for a RIMC Permit will be processed and reviewed by the Economic
and Community Development Director or his/her designee(s). The Economic and
Community Development Director or his/her designee(s) or his designee(s) may
approve or deny an application based on the findings provided in section D4
(Findings) below.
(b) A decision by the Economic and Community Development Director or his/her
designee(s) may be appealed to the City Hearing Officer by the following parties:
1. The applicant; or
2. Owners or residents of the property.
(c) A decision of the City Hearing Officer may be appealed to the City Council by
the following parties:
1. The applicant; or
2. Owners or residents of the property.
3. Application and Notice.
(a) The Economic and Community Development Director or his/her designee(s) may
adopt the forms and submittal materials required for a complete application.
(b) The City Council may by resolution require an application fee.
(c) The City will provide notification of the complete application to the following:
1. The applicant; and
2. Owners and residents of the property.
4. Findings.
Ordinance No. 2017-02
June 19, 2017
Page 8 of 15
The Economic and Community Development Director or his/her designee(s) may approve an
application for an RIMC Permit if the following findings are made:
(a) Applicant.
The applicant must:
1. Be 21 years of age or older,
2. Complete a Live Scan with the California Department of Justice,
3. Have no felony convictions for the illegal possession for sale,
manufacture, transportation, or cultivation of a controlled substance within
the last five years,
4. Have no pending code enforcement actions with the City,
5. Have no past due payments due to the City, and
6. Have no City liens on the property.
(b) Residence.
1. The residence must be the primary dwelling of the applicant.
2. The residence must not include more than one cultivation area.
3. The residence must not be used for any of the following activities:
A. Day care,
B. Youth center, and
C. Residential health care facility.
(c) Cultivation Area.
1. Location and Use.
A. The cultivation area must be located within the residence or within
an auxiliary structure. The residence, auxiliary structure, and all
plumbing, electrical, and other utilities must be properly permitted
by the City or appropriate regulatory agency.
B. The cultivation area must be used exclusively for residential indoor
marijuana. The cultivation area may not be shared with any space
used for sleeping, cooking, eating, bathing, or other residential
activities.
Ordinance No. 2017-02
June 19, 2017
Page 9 of 15
C. The cultivation area must not be used or prepared in a manner to
cultivate more than six marijuana plants.
D. The following chemicals may not be used or stored in the
cultivation area:
(i) Explosive gases, including, but not limited to: Butane,
Propane, Xylene, Styrene, Gasoline, Kerosene, Oxygen
(O2), or Hydrogen (H2).
(ii) Dangerous poisons, toxins, or carcinogens, including, but
not limited to: Methanol, Iso-propul Alcohol, Methylene
Chloride, Acetone, Benzene, Toluene, or Tri-chloro-
ethylene.
2. Inspection of Cultivation Site.
A. The Economic and Community Development Director or his/her
designee(s) may inspect the premises, with the applicants approval, prior
to the issuance or renewal of a RIMC Permit to ensure compliance with all
applicable state and local laws, codes and regulations, including without
limitation, the California Building Code, Electrical and Fire Codes as
adopted by the City of Azusa.
B. The site inspection may include personnel from the following
divisions: Planning, Building, Community Improvement and the Police
Department.
C. Should the applicant deny access to the property for the inspection
of the cultivation site, the application process will terminate and a permit
will not be issued.
3. Access and Security.
A. The structure, or room in which the cultivation occurs, shall have
locking doors and shall be secured to prevent access by minors and/or
unauthorized persons. Any windows, skylight, ventilation, or other
opening must be lockable.
B. Access to the cultivation area must be restricted to the applicant or
other permit holders authorized for the cultivation area.
C. The cultivation area must not be visible from anywhere outside the
residence. Any windows, skylight, ventilation, or other opening must be
sufficiently covered or opaque as to obscure visibility of the cultivation
area from any adjacent property. Such window coverings shall not restrict
emergency egress from the structure.
Ordinance No. 2017-02
June 19, 2017
Page 10 of 15
D. The cultivation area must not produce odors, sounds, or other
emissions that are detectible from adjacent properties and may indicate
marijuana cultivation.
5. Expiration and Renewal.
(a) A RIMC Permit expires, if not renewed, one year from the date of approval and in
two (2) year increments thereafter.
(b) A RIMC Permit may be renewed, if prior to the expiration, the permit holder:
1. Completes forms and submittal materials for renewal as required by the
Economic and Community Development Director or his/her designee(s).
2. The permit holder passes an inspection approved by the Economic and
Community Development Director or his/her designee(s), as provided in
section 4.(c).2 (Inspection of Cultivation Site), above.
3. Pays a renewal fee as approved by resolution by City Council.
(c) A RIMC Permit renewal may be streamlined if the following conditions are met:
1. No code violations on the property.
2. No suspension or revocation of the existing RIMC permit on the property.
3. All RIMC permit fees are paid.
6. Suspension and Termination.
(a) The Economic and Community Development Director or his/her designee(s) may
suspend or terminate a RIMC Permit at any time for failure to comply with
applicable governing regulations.
(b) If a RIMC Permit is suspended, the suspension will be effective and the permit
holder’s marijuana crop may be impounded until the permit holder:
1. Demonstrates compliance with the applicable governing regulations, and
2. Pays a fine as set forth in section 6(d) (Suspension and Termination)
below.
(c) If a RIMC Permit is terminated, the permit holder’s marijuana crop may be
impounded. The permit holder may not apply for another RIMC Permit until the
permit holder pays a fine as set forth in section 6(d) (Suspension and
Termination) below. The Economic and Community Development Director or
Ordinance No. 2017-02
June 19, 2017
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his/her designee(s) may permanently terminate a RIMC should criminal activity
occur or repeated violations.
(d) The City Council may by ordinance adopt a fine schedule for violations that may
escalate with successive violations.
(e) A suspension or termination of a RIMC Permit may be appealed to the City
Hearing Officer by the permit holder.
7. Subsequent Applications.
(a) Application for a Different Residence.
1. If a permit holder applies for a RIMC Permit for a residence other than
specified on the existing permit, the existing RIMC Permit will remain
valid during the application process.
2. If the application is approved, the existing RIMC Permit is rescinded.
3. If the application is denied, the existing RIMC Permit is reinstated.
4. If the applicant appeals a denial of the application, the existing RIMC
Permit remains valid until a final decision is reached.
(b) Application for a Different Cultivation Area in the Same Residence.
If a permit holder applies for an RIMC Permit for the residence on the existing
permit, but for cultivation area other than specified on the existing permit, the
existing permit will terminate upon approval of the application.
8. No Sale or Transfer
A RIMC Permit may not be transferred, sold, conveyed, hypothecated or encumbered.
E. MEDICAL USE.
1. Cultivation of medical marijuana pursuant to Section 11362.77 of the California
Health & Safety Code is subject to the cultivation requirements laid out in
subsection (c) of this Section.
2. The establishment or operation of any medical marijuana collective, cooperative,
dispensary, delivery service, operator, establishment, or provider shall be
considered a prohibited use in all zoning districts of the City. No use permit,
variance, building permit, or any other entitlement or permit, whether
administrative or discretionary, shall be approved or issued for the establishment
of any collective, cooperative, dispensary, delivery service, operator,
Ordinance No. 2017-02
June 19, 2017
Page 12 of 15
establishment, or provider in any zoning district, and no person shall otherwise
establish such businesses or operations in any zoning district.
F. COMMERCIAL USE.
1. The establishment or operation of any business of commercial marijuana activit y
is prohibited. No use permit, variance, building permit, or any other entitlement or
permit, whether administrative or discretionary, shall be approved or issued for
the establishment or operation of any such business or operation. Such prohibited
businesses or operations may include, but are not limited to:
(a) The transportation, delivery, storage, distribution, or sale of marijuana,
marijuana products, or marijuana accessories;
(b) The cultivation of marijuana;
(c) The manufacturing or testing or marijuana, marijuana products, or
marijuana accessories; or
(d) Any other business licensed by the state or other government entity under
Division 10 of the California Business & Professions Code, as it may be
amended from time to time.
G. VIOLATION.
No person, whether as principal, agent, employee or otherwise, shall violate, cause the violation
of, or otherwise fail to comply with any of the requirements of this section. Every act prohibited
or declared unlawful, and every failure to perform an act made mandatory by this section, shall
be a misdemeanor or an infraction, at the discretion of the City Attorney or the District Attorney.
In addition to the penalties provided in this section, any condition caused or permitted to exist in
violation of any of the provisions of this section is declared a public nuisance and may be abated
as provided in section 14-413 (Abatement) and/or under state law.
H. NO DUTY TO ENFORCE.
Nothing in this section shall be construed as imposing on the Economic and Community
Development Director or his/her designee(s) or the City any duty to issue an notice to abate
unlawful marijuana cultivation, nor to abate any unlawful marijuana cultivation, nor to take any
other action with regard to any unlawful marijuana cultivation, and neither the Economic and
Community Development Director or his/her designee(s) nor the City shall be held liable for
failure to issue an order to abate any unlawful marijuana cultivation, nor for failure to abate any
unlawful marijuana cultivation, nor for failure to take any other action with regard to any
unlawful marijuana cultivation.”
SECTION 3. CEQA. The subject Municipal Code Amendment is not subject to the
California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2), 15060(c)(3)
and 15061(b)(3). The activity is not subject to CEQA because it will not result in a direct or
Ordinance No. 2017-02
June 19, 2017
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reasonably foreseeable indirect physical change in the environment; the activity is not a project
as defined in Section 15378, and the activity is covered by the general rule that CEQA applies
only to projects, which have the potential for causing a significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity may have a
significant effect on the environment, the activity is not subject to CEQA. The City Council,
therefore, directs that a Notice of Exemption be filed with the County Clerk of the County of Los
Angeles in accordance with CEQA Guidelines.
SECTION 4. Custodian of Records. The documents and materials that constitute the
record of proceedings on which this Ordinance is based are located at the City Clerk’s office
located at 213 E. Foothill Boulevard, Azusa, California 91702. The custodian of these records is
the City Clerk.
SECTION 5. Severability. If any section, sentence, clause or phrase of this Ordinance
or the application thereof to any entity, person or circumstance is held for any reason to be
invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions
or applications of this Ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this Ordinance are severable. The people of the
City of Azusa hereby declare that they would have adopted this Ordinance and each section,
sentence, clause or phrase thereof, irrespective of the fact that any one or more section,
subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
SECTION 6. Effective Date. This Ordinance shall become effective thirty (30) days
following its adoption.
SECTION 7. Publication. The City Clerk shall certify to the adoption of this Ordinance.
Not later than fifteen (15) days following the passage of this Ordinance, the Ordinan ce, or a
summary thereof, along with the names of the City Council members voting for and against the
Ordinance, shall be published in a newspaper of general circulation in the City of Azusa, in
accordance with California Government Code Section 36933.
MOVED, PASSED AND ADOPTED _____th day of _______________ 2017 by the
following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Joseph R. Rocha, Mayor
ATTEST:
Ordinance No. 2017-02
June 19, 2017
Page 14 of 15
Jeffrey Cornejo, City Clerk
APPROVED AS TO FORM:
________________________________
Marco A. Martinez
Best Best & Krieger LLP
City Attorney
Ordinance No. 2017-02
June 19, 2017
Page 15 of 15
CERTIFICATION
I, Jeffrey Cornejo, City Clerk of the City of Azusa, and Ex-Officio Clerk of the City
Council, do hereby certify that the foregoing Ordinance is the actual Ordinance adopted by the
City Council and was introduced at a regular meeting on the ____rd day of ____________, 2017,
and was finally passed and adopted not less than five days thereafter on the ____th day of
______________, 2017, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________________
Jeffrey Cornejo
City Clerk
Attachment #2 – Costs for Processing Applications
Residential Indoor Marijuana Cultivation (RIMC) Permit
Staff Title
Monthly
Pay
Monthly
Benefits*
Monthly
Flex/Def
Monthly
Total
Fully
Burdened
Hourly
Rates
Estimated
Hours
Total Fully
Burdened
Hourly
Rates
Director of
Economic and
Community
Development 13,787.66 5,087.10 1,346.00 20,220.76 116.65820 1 116.65820
Community
Improvement
Manager 6,918.14 2,665.21 1,496.00 11,079.35 63.91935 1 63.91935
Building Inspector 6,657.28 2,070.81 1,391.00 10,119.09 58.37939 1 58.37939
Associate Planner 6,410.01 1,993.90 1,346.00 9,749.91 56.24947 1 56.24947
Planning
Technician 3,958.72 1,231.40 1,245.00 6,435.12 37.12569 1 37.12569
Community
Improvement
Inspector 5,177.93 1,610.65 1,391.00 8,179.58 47.18987 1 47.18987
Development
Services Assistant 5,002.06 1,555.94 1,391.00 7,949.00 45.85962 1 45.85962
Grand Total 425.3816
Residential Indoor Marijuana Cultivation (RIMC) Permit Renewal Fee
Staff Title
Monthly
Pay
Monthly
Benefits*
Monthly
Flex/Def
Monthly
Total
Fully
Burdened
Hourly
Rates
Estimated
Hours
Total Fully
Burdened
Hourly
Rates
Director of
Economic and
Community
Development 13,787.66 5,087.10 1,346.00 20,220.76 116.65820 .5 58.3291
Community
Improvement
Manager 6,918.14 2,665.21 1,496.00 11,079.35 63.91935 .5 31.9596
Building Inspector 6,657.28 2,070.81 1,391.00 10,119.09 58.37939 .5 29.1896
Associate Planner 6,410.01 1,993.90 1,346.00 9,749.91 56.24947 .5 28.1247
Planning
Technician 3,958.72 1,231.40 1,245.00 6,435.12 37.12569 .5 18.5628
Community
Improvement
Inspector 5,177.93 1,610.65 1,391.00 8,179.58 47.18987 .5 23.5949
Development
Services Assistant 5,002.06 1,555.94 1,391.00 7,949.00 45.85962 .5 22.9298
Grand Total 212.6905