HomeMy Public PortalAboutUrgency Ord. 1722 URGENCY ORDINANCE NO. 1722
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
DECLARING A CITYWIDE MORATORIUM ON THE ESTABLISHMENT
AND OPERATION OF COMMERCIAL INDUSTRIAL HEMP
CANNABIDIOL ACTIVITIES
WHEREAS, the City of Lynwood (the "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, the City currently regulates commercial cannabis activities, requiring
operators to obtain a special regulatory permit and a special cannabis land use permit
prior to engaging in commercial cannabis activities; and
WHEREAS, commercial cannabis operators within the City must comply with
certain development and design standards and pay the City's cannabis taxes; and
WHEREAS, cannabidiol ("CBD") is derived from either cannabis or industrial hemp
and the City's ordinances regulating commercial cannabis operations specifically exclude
industrial hemp from the definition of cannabis; and
WHEREAS, for the purposes of this ordinance, "Commercial Industrial Hemp CBD
Activities" means the cultivating, manufacturing, transporting, delivering, procuring,
selling, testing or any other commercial activity related to CBD derived from industrial
hemp; and
WHEREAS, the Lynwood Municipal Code sets forth all ordinances of the City. As
to the use of land and of buildings thereon, Chapter 25 (Zoning) of the Lynwood Municipal
Code is intended to promote the growth of the City in an orderly manner and promote and
protect the public health, safety, peace, comfort and general welfare in conformance with
the City's General Plan; and
WHEREAS, the City's interpretation and intent of the zoning scheme codified in
Chapter 25 of the Lynwood Municipal Code, is that of permissive zoning. The Lynwood
Municipal Code does not presently expressly permit the operation of Commercial
Industrial Hemp CBD Activities as an allowed use under Chapter 25 and such use has
not previously been analyzed by the City; and
1
WHEREAS, Government Code Section 65858 authorizes the City, through a four-
fifths vote of its legislative body, to adopt as an urgency measure an interim ordinance
prohibiting any uses that may be in conflict with a contemplated general plan, specific
plan, or zoning proposal that the legislative body, planning commission or the planning
department is considering or studying or intends to study within a reasonable time; and
WHEREAS, the City Council finds that this Urgency Ordinance is necessary for
the preservation of the public welfare, health and safety of residents living within the City
of Lynwood and find an urgency to approve said Interim Ordinance immediately; and
WHEREAS, the operation of Commercial Industrial Hemp CBD Activities may be
in conflict with a contemplated General Plan or zoning proposal that the planning
department intends to study within a reasonable time.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Imposition of Moratorium and Declaration of Urgency.
The City Council of the City of Lynwood hereby determines and finds as follows:
A. Pursuant to Article XI, section 7, of the California Constitution, the City may
adopt and enforce ordinances and regulations not in conflict with general laws to protect
and promote the public health, safety, and welfare of its citizens.
B. In accordance with the authority granted to the City of Lynwood under
Government Code Section 65858, from and after the date of this ordinance, no use
permit, variance, building permit, business license or other applicable entitlement for use
shall be approved or issued for the establishment or operation of Commercial Industrial
Hemp Cannabidiol ("CBD") Activities for an initial period of forty-five (45) days.
C. This Urgency Ordinance is as an Interim Urgency Ordinance adopted
pursuant to the authority granted to the City of Lynwood by Government Code Section
65858 for the immediate preservation of the public health, safety, and welfare. The City
Council hereby finds, determines and declares that the immediate preservation of the
public peace, health, safety and welfare necessitates the enactment of this Ordinance as
an urgency ordinance. The City Council further finds there is a current and immediate
threat to the public health, safety and welfare necessitating the adoption of this Interim
Ordinance under Section 65858. The facts constituting the urgency are:
(1) The City of Lynwood adopted a regulatory scheme for the regulation of cannabis,
which sets forth comprehensive regulations upon commercial cannabis activities
in the City, including land use permit requirements upon non-exempt cannabis
activities. Under the Cannabis Ordinance, "cannabis" is defined using the definition
provided by the Business and Professions Code Section 19300.5(f), which
expressly does not include 'industrial hemp' as defined by Section 81000 of the
Food and Agricultural Code or Section 11018.5 of the Health and Safety Code.
"Industrial hemp" is not otherwise defined within the Cannabis Ordinance.
2
WHEREAS, Government Code Section 65858 authorizes the City, through a four-
fifths vote of its legislative body, to adopt as an urgency measure an interim ordinance
prohibiting any uses that may be in conflict with a contemplated general plan, specific
plan, or zoning proposal that the legislative body, planning commission or the planning
department is considering or studying or intends to study within a reasonable time; and
WHEREAS, the City Council finds that this Urgency Ordinance is necessary for
the preservation of the public welfare, health and safety of residents living within the City
of Lynwood and find an urgency to approve said Interim Ordinance immediately; and
WHEREAS, the operation of Commercial Industrial Hemp CBD Activities may be
in conflict with a contemplated General Plan or zoning proposal that the planning
department intends to study within a reasonable time.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Imposition of Moratorium and Declaration of Urgency.
The City Council of the City of Lynwood hereby determines and finds as follows:
A. Pursuant to Article XI, section 7, of the California Constitution, the City may
adopt and enforce ordinances and regulations not in conflict with general laws to protect
and promote the public health, safety, and welfare of its citizens.
B. In accordance with the authority granted to the City of Lynwood under
Government Code Section 65858, from and after the date of this ordinance, no use
permit, variance, building permit, business license or other applicable entitlement for use
shall be approved or issued for the establishment or operation of Commercial Industrial
Hemp Cannabidiol ("CBD") Activities for an initial period of forty-five (45) days.
C. This Urgency Ordinance is as an Interim Urgency Ordinance adopted
pursuant to the authority granted to the City of Lynwood by Government Code Section
65858 for the immediate preservation of the public health, safety, and welfare. The City
Council hereby finds, determines and declares that the immediate preservation of the
public peace, health, safety and welfare necessitates the enactment of this Ordinance as
an urgency ordinance. The City Council further finds there is a current and immediate
threat to the public health, safety and welfare necessitating the adoption of this Interim
Ordinance under Section 65858. The facts constituting the urgency are:
(1) The City of Lynwood adopted a regulatory scheme for the regulation of cannabis,
which sets forth comprehensive regulations upon commercial cannabis activities
in the City, including land use permit requirements upon non-exempt cannabis
activities. Under the Cannabis Ordinance, "cannabis" is defined using the definition
provided by the Business and Professions Code Section 19300.5(f), which
expressly does not include 'industrial hemp' as defined by Section 81000 of the
Food and Agricultural Code or Section 11018.5 of the Health and Safety Code.
"Industrial hemp" is not otherwise defined within the Cannabis Ordinance.
2
URGENCY ORDINANCE NO. 1722
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
DECLARING A CITYWIDE MORATORIUM ON THE ESTABLISHMENT
AND OPERATION OF COMMERCIAL INDUSTRIAL HEMP
CANNABIDIOL ACTIVITIES
WHEREAS, the City of Lynwood (the "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, the City currently regulates commercial cannabis activities, requiring
operators to obtain a special regulatory permit and a special cannabis land use permit
prior to engaging in commercial cannabis activities; and
WHEREAS, commercial cannabis operators within the City must comply with
certain development and design standards and pay the City's cannabis taxes; and
WHEREAS, cannabidiol ("CBD") is derived from either cannabis or industrial hemp
and the City's ordinances regulating commercial cannabis operations specifically exclude
industrial hemp from the definition of cannabis; and
WHEREAS, for the purposes of this ordinance, "Commercial Industrial Hemp CBD
Activities" means the cultivating, manufacturing, transporting, delivering, procuring,
selling, testing or any other commercial activity related to CBD derived from industrial
hemp; and
WHEREAS, the Lynwood Municipal Code sets forth all ordinances of the City. As
to the use of land and of buildings thereon, Chapter 25 (Zoning) of the Lynwood Municipal
Code is intended to promote the growth of the City in an orderly manner and promote and
protect the public health, safety, peace, comfort and general welfare in conformance with
the City's General Plan; and
WHEREAS, the City's interpretation and intent of the zoning scheme codified in
Chapter 25 of the Lynwood Municipal Code, is that of permissive zoning. The Lynwood
Municipal Code does not presently expressly permit the operation of Commercial
Industrial Hemp CBD Activities as an allowed use under Chapter 25 and such use has
not previously been analyzed by the City; and
1
(2) The Cannabis Ordinance requires commercial cannabis operators to obtain a
special regulatory permit and a special cannabis land use permit prior to engaging
in commercial cannabis activities. Commercial cannabis operators within the City
must comply with certain development and design standards and pay the City's
cannabis taxes.
(3) CBD is a cannabinoid found in both the cannabis plant and industrial hemp. CBD
derived from cannabis is regulated within California as a cannabis product and
may only be sourced from, produced, and sold by those with commercial cannabis
licenses, and is further regulated by the City's Cannabis Ordinance. Commercial
activity related to CBD derived from industrial hemp is not regulated by the
Cannabis Ordinance. Nor does the Cannabis Ordinance address the unique land
use issues and impacts associated with concomitant commercial cannabis
activities and Commercial Industrial Hemp CBD Activities.
(4) The Cannabis Ordinance excluded "industrial hemp." At the time the City adopted
the Cannabis Ordinance, it did not fully appreciate the potential interest in products
derived from industrial hemp nor fully understand the potential impacts that such
a use may have on the public health, safety and welfare. The decision to exclude
industrial hemp from the Cannabis Ordinance at the time was not a conscious
acknowledgment that this use was appropriate within the City without regulation
whatsoever.
(5) There is now pending in the California legislature two major bills that have each
passed one house of the legislature and are in final stages of amendment, SB 153
and AB 228. These emergency measures would take immediate effect and may
significantly alter the regulatory landscape for the production, testing and
manufacture of industrial hemp CBD products for human or domestic animal
consumption in California,. Passage of one or both bills, and signature by the
Governor is anticipated by the end of this legislative session. Adoption of local
regulations regarding Commercial Industrial Hemp CBD Activities would best await
completion of action on this pending legislation.
(6) Allowing Commercial Industrial Hemp CBD Activities prior to the adoption of
reasonable regulations will create an increased likelihood of conflict between
commercial cannabis operators and commercial industrial hemp CBD operators.
(7) Absent the adoption of this Urgency Ordinance, additional CBD uses may be
established which are contrary to the orderly, planned and coordinated development
and future use of properties within the City of Lynwood because there are currently
no specific zoning regulations, use permits, business permits or other special
regulations regulating the establishment, location and operation of CBD uses.
(8) In order to ensure the effective implementation of the City of Lynwood zoning
scheme's objectives and policies, a moratorium on the establishment and/or
approval of Commercial Industrial Hemp CBD Activities is necessary.
3
Section 2. Commercial Industrial Hemp Cannabidiol Activities Prohibited. In
order to protect the public health, safety and welfare and pursuant to the provisions of
Government Code Section 65858, the following is prohibited in all areas and/or zoning
districts within the City for a period of forty-five (45) days beginning on the effective date
of this Urgency Ordinance:
A. Commercial Industrial Hemp CBD Activities conducted by any person or
entity for any purposes, which is expressly prohibited in all zoning districts in the City.
B. Acceptance of any application for or issuance of a registration, permit or
entitlement, or approval of any type, that authorizes the establishment, operation,
maintenance, development or construction of any facility or use for the purpose of
conducting Commercial Industrial Hemp CBD Activities in the City.
C. For purposes of this Ordinance, "Commercial Industrial Hemp Cannabidiol
(CBD) Activities" means the cultivating, manufacturing, transporting, delivering,
procuring, selling, testing or any other commercial activity related to CBD derived from
industrial hemp.
Section 3. Authority. This Urgency Ordinance is enacted pursuant to
Government Code Section 65858, the City of Lynwood's general police powers, and
Article XI of the California Constitution.
Section 4. Enforceability. Violations of this Ordinance shall constitute a public
nuisance and may be enforced and abated through any available remedy provided by the
Lynwood Municipal Code or other law.
Section 5. CEQA. The City Council on the basis of the whole record and
exercising independent judgment finds this ordinance to temporarily prohibit Commercial
Industrial Hemp CBD Activities in all zones is not subject to review under the California
Environmental Quality Act (CEQA) pursuant to CEQA Guidelines, 14 California Code of
Regulations, sections 15060, subdivision (c)(2) (the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment) and 15061,
subdivision (b)(3) (there is no possibility the activity in question may have a significant
effect on the environment).
Section 6. Severability. If any section, subsection, sentence clause or phrase or
word of this Urgency Ordinance is for any reason held to be invalid or unconstitutional by
a decision of any court of competent jurisdiction or preempted by state legislation, such
decision or legislation shall not affect the validity of the remaining portions of this
Ordinance. The City Council declares that it would have passed this Urgency Ordinance
and each and every section, subsection, sentence clause or phrase or word not declared
invalid or unconstitutional without regard to any such decision or preemptive legislation.
Section 7. No Vested Right to Be Established. The City Council declares that this
Urgency Ordinance is enacted for the limited purposes described above and the time
period allowed by the ordinance and Government Code Section 65858. No existing
Commercial Industrial Hemp CBD business or operation shall acquire any right to
continue Commercial Industrial Hemp CBD Activities by virtue of the provisions of this
Ordinance.
4
Section 2. Commercial Industrial Hemp Cannabidiol Activities Prohibited. In
order to protect the public health, safety and welfare and pursuant to the provisions of
Government Code Section 65858, the following is prohibited in all areas and/or zoning
districts within the City for a period of forty-five (45) days beginning on the effective date
of this Urgency Ordinance:
A. Commercial Industrial Hemp CBD Activities conducted by any person or
entity for any purposes, which is expressly prohibited in all zoning districts in the City.
B. Acceptance of any application for or issuance of a registration, permit or
entitlement, or approval of any type, that authorizes the establishment, operation,
maintenance, development or construction of any facility or use for the purpose of
conducting Commercial Industrial Hemp CBD Activities in the City.
C. For purposes of this Ordinance, "Commercial Industrial Hemp Cannabidiol
(CBD) Activities" means the cultivating, manufacturing, transporting, delivering,
procuring, selling, testing or any other commercial activity related to CBD derived from
industrial hemp.
Section 3. Authority. This Urgency Ordinance is enacted pursuant to
Government Code Section 65858, the City of Lynwood's general police powers, and
Article XI of the California Constitution.
Section 4. Enforceability. Violations of this Ordinance shall constitute a public
nuisance and may be enforced and abated through any available remedy provided by the
Lynwood Municipal Code or other law.
Section 5. CEQA. The City Council on the basis of the whole record and
exercising independent judgment finds this ordinance to temporarily prohibit Commercial
Industrial Hemp CBD Activities in all zones is not subject to review under the California
Environmental Quality Act (CEQA) pursuant to CEQA Guidelines, 14 California Code of
Regulations, sections 15060, subdivision (c)(2) (the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment) and 15061,
subdivision (b)(3) (there is no possibility the activity in question may have a significant
effect on the environment).
Section 6. Severability. If any section, subsection, sentence clause or phrase or
word of this Urgency Ordinance is for any reason held to be invalid or unconstitutional by
a decision of any court of competent jurisdiction or preempted by state legislation, such
decision or legislation shall not affect the validity of the remaining portions of this
Ordinance. The City Council declares that it would have passed this Urgency Ordinance
and each and every section, subsection, sentence clause or phrase or word not declared
invalid or unconstitutional without regard to any such decision or preemptive legislation.
Section 7. No Vested Right to Be Established. The City Council declares that this
Urgency Ordinance is enacted for the limited purposes described above and the time
period allowed by the ordinance and Government Code Section 65858. No existing
Commercial Industrial Hemp CBD business or operation shall acquire any right to
continue Commercial Industrial Hemp CBD Activities by virtue of the provisions of this
Ordinance.
4
(2) The Cannabis Ordinance requires commercial cannabis operators to obtain a
special regulatory permit and a special cannabis land use permit prior to engaging
in commercial cannabis activities. Commercial cannabis operators within the City
must comply with certain development and design standards and pay the City's
cannabis taxes.
(3) CBD is a cannabinoid found in both the cannabis plant and industrial hemp. CBD
derived from cannabis is regulated within California as a cannabis product and
may only be sourced from, produced, and sold by those with commercial cannabis
licenses, and is further regulated by the City's Cannabis Ordinance. Commercial
activity related to CBD derived from industrial hemp is not regulated by the
Cannabis Ordinance. Nor does the Cannabis Ordinance address the unique land
use issues and impacts associated with concomitant commercial cannabis
activities and Commercial Industrial Hemp CBD Activities.
(4) The Cannabis Ordinance excluded "industrial hemp." At the time the City adopted
the Cannabis Ordinance, it did not fully appreciate the potential interest in products
derived from industrial hemp nor fully understand the potential impacts that such
a use may have on the public health, safety and welfare. The decision to exclude
industrial hemp from the Cannabis Ordinance at the time was not a conscious
acknowledgment that this use was appropriate within the City without regulation
whatsoever.
(5) There is now pending in the California legislature two major bills that have each
passed one house of the legislature and are in final stages of amendment, SB 153
and AB 228. These emergency measures would take immediate effect and may
significantly alter the regulatory landscape for the production, testing and
manufacture of industrial hemp CBD products for human or domestic animal
consumption in California,. Passage of one or both bills, and signature by the
Governor is anticipated by the end of this legislative session. Adoption of local
regulations regarding Commercial Industrial Hemp CBD Activities would best await
completion of action on this pending legislation.
(6) Allowing Commercial Industrial Hemp CBD Activities prior to the adoption of
reasonable regulations will create an increased likelihood of conflict between
commercial cannabis operators and commercial industrial hemp CBD operators.
(7) Absent the adoption of this Urgency Ordinance, additional CBD uses may be
established which are contrary to the orderly, planned and coordinated development
and future use of properties within the City of Lynwood because there are currently
no specific zoning regulations, use permits, business permits or other special
regulations regulating the establishment, location and operation of CBD uses.
(8) In order to ensure the effective implementation of the City of Lynwood zoning
scheme's objectives and policies, a moratorium on the establishment and/or
approval of Commercial Industrial Hemp CBD Activities is necessary.
3
Section 8. Effective Date. This Urgency Ordinance shall become effective
immediately upon adoption by a four-fifths (4/5) vote of the City Council pursuant to
Section 65858 of the Government Code and shall expire forty-five (45) days thereafter
unless extended pursuant to law.
Section 9. Adoption. The City Clerk shall certify to the adoption of this Urgency
Ordinance and cause the same to be published or posted according to law.
PASSED, APPROVED, AND ADOPTED at a special meeting of the City Council
of the City of Lynwood, California, this 8th day of August 2019.
i
Jos;' Luis Solache, Mayor
ATTEST: 1
�%�� �,r�✓��
Maria Quinonez, City Clerk /
APPROVED AS TO FORM: APPROVED AT TO CONTENT:
1 . •
Noel Tapia, City Attorne Jose e eteotl, City Manager
5
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 resolution was duly adopted by the City Council of the City of
Lynwood at a special meeting held in the City Hall of said City on the 8th day of
August 2019, and passed by the following vote:
COUNCIL MEMBER CASANOVA, MAYOR SOLACHE, COUNCIL
AYES: MEMBERS ALATORRE, SANTANA, AND MAYOR PRO TEM
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
aria Quinonez, City Clerk ` 7
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. 1722 in my office and that said Ordinance was adopted on the date and
by the vote therein stated. Dated this 8th day of August, 2019.
A keL,./.4(4ipbe-
Maria Quinonez, City'Clerk
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 resolution was duly adopted by the City Council of the City of
Lynwood at a special meeting held in the City Hall of said City on the 8th day of
August 2019, and passed by the following vote:
COUNCIL MEMBER CASANOVA, MAYOR SOLACHE, COUNCIL
AYES: MEMBERS ALATORRE, SANTANA, AND MAYOR PRO TEM
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
aria 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. 1722 in my office and that said Ordinance was adopted on the date and
by the vote therein stated. Dated this 8th day of August, 2019.
1 Alt -di/
Maria Quinonez, City'Clerk
Section 8. Effective Date. This Urgency Ordinance shall become effective
immediately upon adoption by a four-fifths (4/5) vote of the City Council pursuant to
Section 65858 of the Government Code and shall expire forty-five (45) days thereafter
unless extended pursuant to law.
Section 9. Adoption. The City Clerk shall certify to the adoption of this Urgency
Ordinance and cause the same to be published or posted according to law.
PASSED, APPROVED, AND ADOPTED at a special meeting of the City Council
of the City of Lynwood, California, this 8th day of August 2019.
f—
Jos!
Luis Solache, Mayor
ATTEST:
Maria Quinonez, City Clerk '
APPROVED AS TO FORM: APPROVED AT TO CONTENT:
•
Noel Tapia, City Attorne c) Jose ` eteotl, City Manager
5