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HomeMy Public PortalAboutOrd. 1706ORDINANCE NO. 1706 AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, DECLARING AND IMPOSING A CITYWIDE MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF COMMERCIAL/NON-MEDICINAL/RECREATIONAL MARIJUANA AND CANNABIS DISPENSARIES WHEREAS, the City of Lynwood ("City") is a general law city, incorporated under the laws of the State of California, and it has an interest in planning and regulating the use of property within the City; and WHEREAS, implicit in any plan or regulation is the City's interest in maintaining the quality of life and the character of the City's neighborhoods, as without stable, well-planned neighborhoods, sections of the City can quickly deteriorate, with consequences to social, environmental, and economic values; and WHEREAS, under Appendix A of Chapter 25 of the Lynwood Municipal Code, the City currently bans medical marijuana dispensaries from all zones in the City; and WHEREAS, on November 8, 2016, California voters approved Proposition 64 enacting the Adult Use of Marijuana Act ("AUMA"); and WHEREAS, AUMA legalized various commercial/non-medical/recreational marijuana activities for persons' 21 years of age or older, including but not limited to non-medical marijuana businesses, dispensaries, retailers, delivery services, use, possession, transportation, manufacturer, testing, indoor and outdoor cultivation, and other activities as detailed and outlined in the AUMA; and WHEREAS, the AUMA allows for local governments to regulate, control, and prohibit various Non -Medical Marijuana Uses authorized by the AUMA, and if local governments fail to enact local ordinances concerning such matters, the AUMA and associated state laws and regulations will govern; and WHEREAS, the City's ban on medical cannabis dispensaries was adopted prior to the AUMA on July 6, 2010, and is found in Lynwood's Zoning Code Chapter 25, Appendix A. Specifically, Article 200 of Chapter 25 of the Lynwood Municipal Code defines "Medical Marijuana Dispensary" as any establishment or location where marijuana is distributed, transmitted, given to, or otherwise provided to qualified patients or primary caregivers in accordance with California Health and Safety Code sections 11362.5 through 11362.83, inclusive, commonly referred to as the "compassionate use act of 1996" and "senate bill 420'; and WHEREAS, Appendix A of Chapter 25 of the Lynwood Municipal Code prohibits medical marijuana dispensaries in all zoning districts within the City's jurisdiction. Currently, said citywide ban does not explicitly or expressly extend to commercial/non-medicinal/recreational marijuana and cannabis dispensaries. It is the intent of City Council for the proposed moratorium to extend said citywide medical marijuana dispensary ban to all medicinal and commercial/non- medicinal/recreational marijuana and cannabis dispensaries; and WHEREAS, on December 20, 2016, City Council passed, adopted and approved Ordinance No. 1688, adding Article 34 to Chapter 4 of the Lynwood Municipal Code, regulating the operation and location of cannabis cultivation and manufacturing related businesses. The City's intent of its regulation on commercial cannabis activities in Ordinance No. 1688 is that all commercial cannabis businesses may not operate without an application, investigation, verification, approval and issuance of development agreements approved by the City Council and a business license issued by the City; WHEREAS, Section 4-34-4(B) of Ordinance No. 1688 further states that "All persons who are engaged in or who are attempting to engage in commercial cannabis activity in any form shall do so only in strict compliance with the terms, conditions, limitations and restrictions of the MCRSA, the provisions of this Chapter 4-34, and all other applicable state and local laws and regulations"; and WHEREAS, the City's interpretation and intent of the zoning scheme codified in Chapter 25 of the Lynwood Zoning Code, is that of permissive zoning, where commercial/non-medicinal/recreational uses and activities, including those legalized or authorized by the AUMA, SB 94 and AB 133, are prohibited in the City, with the exception of those allowed and approved pursuant to Ordinance No. 1688; and WHEREAS, despite such interpretation and intent of the City, it is foreseeable that persons seeking to establish and operate a commercial/non- medical/recreational marijuana and cannabis dispensary may attempt to establish such uses in the City despite Ordinance No. 1688 and Appendix A of Chapter 25 of the Lynwood Zoning Code; and WHEREAS, to avoid doubt as to the current illegality of commercial/non- medicinal/recreational marijuana and cannabis dispensaries, the City needs time to study the impacts of commercial/non-medicinal/recreational marijuana and cannabis dispensaries, on the general health, safety, and welfare of City residents, and the consistency of such Non -Medical Marijuana Uses with the City's General Plan and Zoning Code, and to enable the City time to evaluate whether to allow such uses within the City, the City Council desires to adopt an interim Ordinance as an urgency ordinance, effective immediately, declaring and establishing a temporary moratorium on all medicinal and commercial/non- medicinal/recreational marijuana and cannabis dispensaries legalized or authorized by the AUMA in order protect the public health, safety, and welfare of City residents; and WHEREAS, The City Council is scheduled to consider amendments to Article 34 of Chapter 4, as found in Ordinance No. 1688 on December 19, 2017, including a proposed amendment that would allow a person to operate a cannabis non -storefront delivery service if the person obtains a permit from the City for such activity, and if the person also has a manufacturing permit from the City. Notable is that this amendment will add the definition of "delivery" to Chapter 4 to have the same meaning as in Section 26001(p) of the Business and Professions Code: ""Delivery" means the commercial transfer of cannabis or cannabis products to a customer. "Delivery" also includes the use by a retailer of any technology platform." If the proposed amendments to Article 34 of Chapter 4, or to the Lynwood Zoning Code, are adopted on December 19, 2017, this instant interim urgency ordinance is not intended to have an effect on such amendments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDAIN AS FOLLOWS: SECTION 1. FINDINGS. This Ordinance is an interim ordinance adopted as an urgency measure pursuant to Government Code Section 65858 for the immediate preservation of the public health, safety, and welfare, and is adopted and justified based on the following findings of the City Council, in addition to the recitals referenced above which are true and correct and incorporated fully herein: A. On November 8, 2016, California voters approved Proposition 64, thereby enacting the AUMA which was effective immediately. B. The AUMA legalized commercial/non-medical/recreational uses in California, and it is foreseeable that the City will see an influx of Non - Medical Marijuana Uses, or applications therefor, within the City that pose significant risks to the health, safety, and general welfare of City residents. C. The AUMA authorizes cities to prohibit or regulate various Non - Medical Marijuana Uses within their jurisdiction, and if cities do not enact local ordinances prohibiting or regulating such uses, the AUMA and associated state laws and regulations will control. D. Based upon the experience of jurisdictions that have legalized medical and non-medical marijuana uses, such uses pose a likelihood of creating negative impacts on the health, safety and welfare of residents, especially if unregulated, including illegal sales and distribution of marijuana, trespassing, theft, violent robberies and robbery attempts, fire hazards and problems, and offensive odors. E. The City's ban on medical cannabis dispensaries was adopted prior to the AUMA on July 6, 2010, and is found in Lynwood's Zoning Code Chapter 25, Appendix A. F. On December 20, 2016, the City adopted Ordinance No. 1688, which added Article 34, to Chapter 4 of the Lynwood Municipal Code, entitled "Medical Cannabis Business and Activity". Following the effectiveness of this ordinance, cannabis businesses shall only be permitted to operate in the City following an application, investigation, verification, approval and issuance of a development agreement approved by the City Council and a business license issued by the City. G. On September 5, 2017 the City Council approved 11 (eleven) development agreements and regulatory permits for the operation of commercial cannabis cultivation and manufacturing facilities, and combinations thereof. H. On September 5, 2017, the City Council approved Ordinance. No. 1700, an amendment to Chapter 4, Title 34, Section 6, to allow for "Licensed Premises" to be allowed in the City. This means that premises specified in an application to the City for a permit under Chapter 4, along with an approved development agreement by the City, shall be permitted within the City. I. On December 12, 2017 the City Council approved 9 (nine) development agreements for the operation of commercial cannabis cultivation and manufacturing facilities, and combinations thereof. J. This instant interim urgency ordinance is not intended to have an effect on the development agreements approved by Ordinance Nos. 1699 and 1704 for the operation of commercial cannabis cultivation and manufacturing facilities, and combinations thereof on September 5, 2017 and December 12, 2017, or any amendments made thereto, specifically in regard to allowing deliveries by such approved facilities, i.e., the commercial transfer of cannabis or cannabis products to a customer, or the use by the applicant of any technology platform to execute same. K. The City Council is scheduled to consider amendments to Article 34 of Chapter 4, on December 19, 2017, which will allow for the regulation of not only medical cannabis businesses, but to include Non -Medical Marijuana businesses in its regulatory scheme. Under this proposed amendment, both forms of commercial cannabis businesses shall be permitted to operate in the City following an application, investigation, verification, approval and issuance of development agreement approved by the city council and a business license issued by the City. The proposed amendment would allow a person to operate a cannabis non -storefront delivery service if the person obtains a permit from the City for such activity, and if the person also has a manufacturing permit from the City. Notable is that this amendment will add the definition of "delivery' to Chapter 4, Title 34, to have the same meaning as in Section 26001(p) of the Business and Professions Code: ""Delivery" means the commercial completed, and the City can enact reasonable regulations and/or prohibitions on such activities to address such concerns. C. This Ordinance is. in addition to, and does not alter, supersede, or replace, in whole or in part, the City's current regulations for commercial cannabis businesses in the City evidenced through Article 34 of Chapter 4 of the Lynwood Municipal Code, as passed by Ordinance No. 1688, and Appendix A of Chapter 25 of the Lynwood Zoning Code, or any amendments made thereto, and is made in addition to, and does not alter, supersede, or replace, in whole or in part, Ordinance Nos. 1699 and 1704 approved by the City Council on September 5, 2017 and December 12, 2017, for development agreements for the operation of commercial cannabis cultivation, manufacturing, distribution, delivery and testing, or any future amendments made to such development agreements. SECTION 3. SCOPE AND APPLICABILITY OF MORATORIUM. A. ' Definitions. All definitions, terms, phrases, and terms of art set forth in the Adult Use of Marijuana Act and Senate Bill 94 are incorporated into this Ordinance, and shall govern the interpretation and construction hereof. B. Moratorium. 1) Notwithstanding any amendments that are adopted to Article 34 of Chapter 4 of the Lynwood Municipal Code or Chapter 25 of the Lynwood Zoning Code by the City Council on December 19, 2017, or any future amendments made to the development agreements that were approved by the City Council on September 5, 2017 and December 12, 2017 through Ordinance Nos. 1699 and 1704, no person, partnership, corporation, collective, cooperative, or other entity or association shall establish or operate a medicinal, or commercial/non-medicinal/recreational marijuana or cannabis dispensary, which includes any establishment or location where marijuana or cannabis is distributed, transmitted, given to, or otherwise provided for commercial, recreational or non -medicinal purposes, as defined by state law. Said dispensaries shall be prohibited in all zoning districts within the City's jurisdiction. 2) Notwithstanding any amendments that are adopted to Article 34 of Chapter 4 of the Lynwood Municipal Code or Chapter 25 of the Lynwood Zoning Code by the City Council on December 19, 2017, or any future amendments made to the development agreements that were approved by the City Council on September 5, 2017 and December 12, 2017 through Ordinance Nos. 1699 and 1704, no business license, permit, zoning entitlement, variances, or building permit, or any other approval be issued for the activities prohibited by this Section, and any such business license, permit, zoning entitlement, variance, building permit, or other approval shall be invalid if issued. C. The provisions of Paragraph (B) of this Section shall be construed broadly to prohibit any medicinal or commercial/non-medicinal/recreational marijuana and cannabis dispensary which is permitted, legalized, decriminalized, or authorized by the Adult Use of Marijuana Act, and which is within the police power of the City of Lynwood to regulate or prohibit, and which is not otherwise preempted by California law. D. Term. This Ordinance shall be effective immediately upon adoption, and except as this Ordinance may be extended by Government Code 65858, this Ordinance shall remain in effect for forty-five (45) days from the date of adoption. SECTION 4. PENALTY. Violations of this Ordinance shall constitute violations of the Lynwood Municipal Code, and all penalties and remedies authorized under the Lynwood Municipal Code shall apply to violations of the provisions of this Ordinance.. SECTION 5. CEQA. The City Council, on the basis of the whole record and exercising independent judgment, finds that this Ordinance is not subject to environmental review pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State Guidelines for Implementation of the California Environmental Quality Act (CEQA). Sections 15060(c)(2) and 15060(c)(3) pertain to activities that will not result in a direct or reasonably foreseeable indirect -change to the environment and that are not defined as a project under Section 15378. This Ordinance has no potential for resulting in physical change to the environment directly or indirectly in that it prevents change to the environment pending the completion of the contemplated research and studies. SECTION 6. SEVERABILITY. If any section, subsection, line, sentence, clause, phrase, or word of this Ordinance is for any reason held to be invalid or unconstitutional, either facially or as applied, by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Lynwood hereby declares that it would have passed this Ordinance, and each and every individual section, subsection, line, sentence, clause, phrase, or word without regard to any such decision. SECTION 7. EFFECTIVE DATE. This Ordinance: (a) is necessary for the immediate preservation of the public health, safety, and welfare; (b) contains findings constituting urgency; (c) is effective immediately upon adoption; and (d) shall be in effect for forty-five (45) days from the date of adoption unless extended by the City Council as provided for in Section 65858(a) of the Government Code. transfer of cannabis or cannabis products to a customer. "Delivery" also includes the use by a retailer of any technology platform." L. If the proposed amendments to Article 34 of Chapter 4, or the Lynwood Zoning Code, are adopted on December 19, 2017, this instant interim urgency ordinance is not intended to have an effect on such amendments. M. The City's code does not currently expressly regulate commercial/non-medical/recreational dispensaries, deliveries, use, possession, transportation, manufacturer, testing, indoor and outdoor cultivation, and other activities as detailed and outlined in the AUMA of land or structures for Non -Medical Marijuana Uses, and the City regulations do not clearly address the unique legal, land use, and public health, safety and welfare issues and impacts associated with commercial/non-medical/recreational uses. N. The City has not studied or made a determination as to whether all Non -Medical Marijuana Usesare consistent with the purpose and intent of the City's General Plan and Zoning Code, and the City requires time to undertake a review of its current regulation of marijuana -related uses and activities, the purpose and intent of the City's General Plan and Zoning Code, and the Non -Medical Marijuana Uses authorized by the AUMA, to determine the scope and extent of appropriate and necessary prohibitions and regulations of such activities to preserve the public health, safety, and welfare of its residents. O. It is urgent that the City undertake a review of its current marijuana restrictions and regulations to determine how the City's current restrictions and regulations for the establishment and operation of commercial/non- medical/recreational uses can be revised to protect the public health, safety, and welfare, as the AUMA was only recently approved by voters and became effective immediately, was only recently clarified with passage of Senate Bill 94 and AB 133, and will be further clarified by the emergency regulations recently issued by the State. P. The best method for protecting the public health, safety, and welfare is to either prohibit Non -Medical Marijuana Uses entirely, or to adopt comprehensive regulations concerning the establishment and operation of Non -Medical Marijuana Uses, including, but not limited to, their location and operational standards. Q. During the effectiveness of this Ordinance, the City will take steps to update its code to ensure the City's laws are consistent with the goals, policies and standards of the General Plan and the goals of the City Council to protect the public health, safety, and welfare, while remaining consistent with state law. R. Further, the City will consider existing and potential land uses within the City to assure compatibility between the location of potential Non - Medical Marijuana Uses and surrounding properties and study whether to prohibit Non -Medical Marijuana Uses or limit Non -Medical Marijuana Uses to certain zoning districts, which districts would be appropriate for such uses, what design and operating conditions and restrictions would advance the public's interest, and the extent to which the City is permitted to regulate such establishments in light of AUMA. S. The City cannot enact a comprehensive set of restrictions and regulations without due deliberation. The City requires an indeterminate length of time to analyze the details of such comprehensive restrictions in light of the enactment of AUMA, SB 94, AB 133 and the imminent State regulations. Proposed restrictions would be detrimental if, during the period they are being studied and subject to public hearings, parties seeking to evade operation of these restrictions are permitted to operate in a manner which might progress to defeating the ultimate objective of those restrictions, in whole or in part. Therefore, approval of business licenses, permits, zoning entitlements such as conditional use permits, variances, and building permits, and any other required approvals would threaten the public health, safety, and welfare. T. Based on the foregoing, there is a current and immediate threat to the public health, safety, and welfare, and an urgency ordinance seeking a moratorium on the establishment or operation of commercial/non- medical/recreational marijuana and cannabis dispensaries is warranted and necessary to protect the public against potential negative health, safety, and welfare impacts and to address potential deficiencies in the Lynwood Municipal Code associated with commercial/non- medical/recreational marijuana and cannabis dispensaries. U. The above recitals are true and correct, based upon all information presented to the City Council during its consideration of this matter, and hereby incorporated herein. SECTION 2. IMPOSITION OF A MORATORIUM. A. Government Code Sections 36937 and 65858 authorize the adoption of an urgency ordinance to protect the public health, safety, and welfare and to prohibit certain land uses that may conflict with land use regulations that the City Council is considering or intends to study within a reasonable time. B. This Ordinance temporarily prohibits the activities set forth in Section 3 hereof, until such reasonable time as a detailed study of the potential adverse impacts of such activities on commercial, industrial, and residential uses and the general public health, safety, and welfare is SECTION 8. PUBLICATION. The City Clerk shall certify to the adoption of this Ordinance causing it to be posted as required by law. First read, adopted and ordered published at a regular meeting of said Council on the 19th of December, 2017. PASSED, APPROVED and ADOPTED on this 19th day of December, 2017. ATTEST: APPROVED AS TO FORM: Noel Tapia, City Attorn y Solache, Mayor APPROVED AS TO CONTENT: Alrda K. Martinez, ity anager STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing Ordinance was duly adopted by the City Council of the City of Lynwood at its regular meeting held on the 19th day of December, 2017. AYES: COUNCIL MEMBERS ALATORRE, CASTRO, SANTILLAN-BEAS, MAYOR PRO TEM HERNANDEZ AND MAYOR SOLACHE NOES: NONE ABSENT: NONE ABSTAIN: NONE Maria Quinonez, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Ordinance No. 1706 in my office and that said Ordinance was adopted on the date and by the vote therein stated. Dated this 19th day of December, 2017.