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.