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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