HomeMy WebLinkAboutF-1 Staff Report - 2nd Rdg Ordinance 2016-O1ORDINANCE/SPECIAL RESOLUTIONS
F-1
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: TROY L. BUTZLAFF, ICMA-CM, CITY MANAGER
FROM: MARCO A. MARTINEZ, CITY ATTORNEY
SAM GONZALEZ, CHIEF OF POLICE
KURT CHRISTIANSEN, AICP, ECONOMIC AND COMMUNITY DEVELOPMENT
DIRECTOR
DATE: JANUARY 19, 2016
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 2016-O1 AMENDING
CHAPTER 88.42 TO PROHIBIT CANNABIS DISPENSARIES, CANNABIS
MANUFACTURERS, CULTIVATION AND DELIVERY OF CANNABIS IN THE
CITY OF AZUSA “THIS ACTION IS CATEGORICALLY EXEMPT FROM THE
REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) PURSUANT TO SECTION 15302 (RECONSTRUCTION) OF THE CEQA
GUIDELINES”
SUMMARY:
At the January 5, 2016 City Council meeting, a public hearing was conducted and Ordinance No. 2016-
O1 was introduced for first reading, amending Chapter 88.42 to prohibit cannabis dispensaries, cannabis
manufacturers, cultivation and delivery of cannabis within the City. This action conducts a second
reading of the Ordinance, by title only, and adopts Ordinance No. 2016-O1.
RECOMMENDATION:
Staff recommends that the City Council take the following action:
1)Conduct a second reading, by title only, and adopt Ordinance No. 2016-O1, an Ordinance of the
City Council of the City of Azusa amending Chapter 88.42 to prohibit cannabis dispensaries,
cannabis manufacturers, cultivation and delivery of cannabis in the City of Azusa.
DISCUSSION:
Attached to this Staff Report is the proposed Ordinance No. 2016-O1 which was introduced at the
January 5, 2016 Council meeting. If no further revisions to the Ordinance are desired, Council can
move for the adoption of the Ordinance.
APPROVED
COUNCIL MEETING
1/19/2016
Second Reading of Ordinance No. 2016-O1
January 19, 2016
Page 2
FISCAL IMPACT:
There is no fiscal impact associated with this item.
Prepared by: Reviewed and approved:
Marco A. Martinez Sam Gonzalez,
City Attorney Chief of Police
Manuel Muñoz Kurt Christiansen, AICP
Associate Planner Economic & Community Development Director
Reviewed and Approved:
Troy L. Butzlaff, ICMA-CM
City Manager
Attachment:
1) Ordinance No. 2016-O1
ATTACHMENT 1
ORDINANCE NO. 2016-O1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA
AMENDING THE CITY OF AZUSA DEVELOPMENT CODE CHAPTER
88.42 TO PROHIBIT CANNABIS DISPENSARIES, CANNABIS
MANUFACTURERS, CULTIVATION, AND DELIVERY OF CANNABIS
IN THE CITY
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, in 1996, the voters of the State of California approved Proposition 215
(codified as Health & Safety Code Section 11362.5 et seq. and entitled "The Compassionate Use
Act of 1996"); and
WHEREAS, the intent of Proposition 215 was to enable seriously ill Californians to
legally possess, use, and cultivate marijuana for medical use under state law; and
WHEREAS, in 2003, the California Legislature adopted SB 420, the Medical Marijuana
Program (“MMP”), codified as Health and Safety Code Section 11362.7 et seq., which permits
qualified patients and their primary caregivers to associate collectively or cooperatively to
cultivate marijuana for medical purposes without being subject to criminal prosecution under the
Penal Code; and
WHEREAS, neither the Compassionate Use Act (“CUA”) nor the MMP require nor
impose an affirmative duty or mandate upon local governments to allow, authorize, or sanction
the establishment of facilities that cultivate or process medical marijuana within its jurisdiction;
and
WHEREAS, in May 2013, the California Supreme Court issued its decision in City of
Riverside v. Inland Empire Patients Health and Wellness Center, Inc. (2013) 56 Cal. 4th 729,
holding that cities have the authority to regulate or ban outright medical marijuana land uses; and
WHEREAS, under the Federal Controlled Substances Act, codified in 21 U.S.C. Section
801 et seq., the use, possession, and cultivation of marijuana are unlawful and subject to federal
prosecution without regard to a claimed medical need; and
WHEREAS, on October 9, 2015, Governor Jerry Brown signed the “Medical Marijuana
Regulation and Safety Act” (“Act”) into law; and
WHEREAS, the Act becomes effective January 1, 2016 and contains provisions which
allow for local governments to regulate licenses and certain activities thereunder; and
WHEREAS, the Act contains a provision which sets forth that the State shall become the
sole authority for regulation under certain parts of the Act, unless local governments have “land
use regulations or ordinances regulating or prohibiting the cultivation of marijuana…” (Health
and Safety Code §11362.777(c)(4); and
Ordinance No. 2016-O1
January 19, 2016
Page 2 of 6
WHEREAS, several California cities have reported negative impacts of marijuana
cultivation, processing, and distribution uses, including offensive odors, illegal sales, and
distribution of marijuana, trespassing, theft, violent robberies and robbery attempts, fire hazards,
and problems associated with mold, fungus, and pests; and
WHEREAS, marijuana plants, as they begin to flower and for a period of two months or
more, produce a strong odor, and detectable far beyond property boundaries if grown outdoors;
and
WHEREAS, the strong smell of marijuana creates an attractive nuisance, alerting
persons to the location of the valuable plants, and creating a risk of burglary, robbery, or armed
robbery; 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, the 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, 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 Azusa Municipal Code (“Code”) does not address the cultivation,
processing, delivery and distribution of medical cannabis; and
WHEREAS, based on the findings above, the potential establishment of cannabis
dispensaries, cultivation, cannabis manufacturers and delivery of cannabis uses in the City
without regulation poses a current and immediate threat to the public health, safety and welfare
in the City due to the negative land use and other impacts of such uses as described above; and
WHEREAS, the issuance or approval of business licenses, subdivisions, use permits,
variances, building permits, or any other applicable entitlement for cannabis dispensaries,
cultivation, cannabis manufacturers and delivery of cannabis will result in the aforementioned
threat to public health, safety, or welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES
HEREBY ORDAN AS FOLLOWS:
Ordinance No. 2016-O1
January 19, 2016
Page 3 of 6
SECTION 1. The City Council hereby finds and determines that it can be see with certainty that
there is no possibility that this Resolution may have a significant adverse effect on the
environment. This proposed ordinance does not result in any direct development of any parcel of
land or direct physical changes to the environment. Thus, the adoption of this ordinance is
exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to
Section 15061 (b) (3) of the CEQA Guidelines.
SECTION 2. The City Council hereby recommends that Section 88.42.035 is added to the City
of Azusa Municipal Code to read in full as follows:
“Section 88.42.035 Medical Marijuana Uses
A. Purpose
The purpose of this Section is to enact and enforce a ban on all cannabis dispensaries, cannabis
manufacturers, cultivation, and delivery of cannabis located within the City limits. Nothing in
this Article 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. “Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis
indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin,
whether crude or purified, extracted from any part of the plant; and every compound,
manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin.
“Cannabis” also means the separated resin, whether crude or purified, obtained from
marijuana. “Cannabis” also means marijuana as defined by Section 11018 of the Health
and Safety Code as enacted by Chapter 1407 of the Statutes of 1972.
2. “Cannabis dispensary” means a facility where cannabis, cannabis products, or
devices for the use of cannabis or cannabis products are offered, either individually or in
any combination, for retail sale, including an establishment that delivers cannabis and
cannabis products as part of a retail sale.
3. “Cannabis manufacturer” means a person that conducts the production,
preparation, propagation, or compounding of manufactured cannabis, or cannabis
products either directly or indirectly or by extraction methods, or independently by means
of chemical synthesis or by a combination of extraction and chemical synthesis at a fixed
location that packages or repackages medical cannabis or cannabis products or labels or
relabels its container
4. “Cultivation” means any activity involving the planting, growing, harvesting,
drying, curing, grading, or trimming of cannabis.
5. “Delivery” means the commercial transfer of cannabis or cannabis products, and
includes origination or termination within the City as well as a delivery business.
Ordinance No. 2016-O1
January 19, 2016
Page 4 of 6
C. Prohibited Use.
Cannabis dispensaries, cultivation, cannabis manufacturers, and delivery of cannabis, as defined
herein, shall be considered prohibited uses 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 or operation of a dispensaries,
cannabis cultivation, cannabis manufacturers, and delivery of cannabis as defined herein in any
zoning district, and no person shall otherwise establish such businesses or operations in any
zoning district.
D. Penalty for 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 Sections 1-10 and 1-11 and/or under state law.”
SECTION 3. That in accordance with Section 88.51.060 of the Azusa Development Code, the
City Council hereby approves said Ordinance No. 2016-O1 based on the following findings:
That the proposed zoning code amendment is consistent with the goals, policies, and objectives
of the General Plan, any applicable specific plan, development agreement, owner participation
agreement or disposition and development agreement.
General Plan Chapter 3: The Built Environment – Infrastructure Goals and Policies 1.4,
call to “Minimize electrical consumption through site design, use of efficient system, and
other techniques.” The indoor cultivation of cannabis requires large amount of energy to
power the heat lamps. Therefore, the proposed code amendment would prohibit the
cultivation of cannabis and minimize electrical consumption.
General Plan Chapter 3: The Built Environment – Infrastructure Goals and Policies 2.6,
call to “Minimize water consumption through site design, use of efficient systems, and
other techniques.” The cultivation of cannabis requires significant daily water
consumption. Therefore, the proposed code amendment would prohibit the cultivation of
cannabis and minimize water consumption.
General Plan Chapter 3: The Built Environment – Building and Property Maintenance
Goals and Policies 11.0, call to “Ensure the proper maintenance of buildings and
properties.” Cultivation can impair building maintenance and safety. For example, the
increased moisture necessary to grow indoors can create excessive mold growth and
structural damage. Therefore, the code amendment would prohibit the cultivation of
cannabis and diminish possible building and property maintenance.
Ordinance No. 2016-O1
January 19, 2016
Page 5 of 6
General Plan Chapter 4: Economy and Community – Public Services Goals and Policies
1.0, call to “Protect the community from criminal activity, reduce the incidence of crime,
and provide other necessary services with the city.” The cultivation, transportation, and
distribution of cannabis can create problems relating to public health and safety. This
type of use can create nuisance activity such as loitering and criminal activity in business
and residential districts. Specifically mobile delivery can create issues relating to
responsibility and resources to monitor and enforce state law, questions of patient
qualification, and risks relating to the high use of large sums of cash for mobile
transactions. Therefore, the proposed code amendment would prohibit the cultivation,
transportation, and distribution of cannabis and reduce crime.
General Plan Chapter 5: Natural Government – Air Quality Goals and Policies 1.0, call to
“Improve air quality in Azusa and reduce exposure to air pollutants.” The cultivation of
cannabis can create air quality issues by the inadequate ventilation combined with the use
of pesticides and fertilizers in an enclosed space. Therefore, the proposed code
amendment would prohibit the cultivation of cannabis and diminish in possible air quality
issues.
SECTION 4. Based on the entire record before the City Council, all written and oral evidence
presented to the City Council, and the findings made in this Ordinance, the City Council of the
City of Azusa hereby adopts the code amendment, as set forth in the attached Exhibit “A” to this
Resolution.
SECTION 5. The Secretary shall certify to the adoption of this Ordinance.
PASSED, APPROVED and ADOPTED the 5th day of January, 2016.
___________________________________________
Joseph Romero Rocha
Mayor
ATTEST:
___________________________________________
Jeffrey Lawrence Cornejo, Jr.
City Clerk
Ordinance No. 2016-O1
January 19, 2016
Page 6 of 6
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I HEREBY CERTIFY that the foregoing Ordinance No. 2016-O1, was duly introduced
and placed upon first reading at a regular meeting of the Azusa City Council on the 5th day of
January, 2016, and that thereafter, said Ordinance was duly adopted and passed at a regular
meeting of the Azusa City Council on the 19th day of January, 2016 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________________
Jeffrey Lawrence Cornejo, Jr.
City Clerk
APPROVED AS TO FORM:
___________________________________________
Best Best & Krieger, LLP
City Attorney