HomeMy Public PortalAbout17-159 - Establishing Operating Standards and Restrictions for Commercial Manufacturing Operations in the City of Caron, and Finding an Exemption from CEQARESOLUTION 17-159
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON,
CALIFORNIA, ESTABLISHING OPERATING STANDARDS AND
RESTRICTIONS FOR COMMERCIAL CANNABIS MANUFACTURING
OPERATIONS IN THE CITY OF CARSON, AND FINDING AN
EXEMPTION FROM CEQA
WHEREAS, in 1996 California voters approved Proposition 215, the Compassionate
Use Act ("CUA"), codified as Section 11362.5 of the Health and Safety Code, to exempt certain
patients and their primary caregivers from criminal liability under state law for the
possession and cultivation of cannabis for medical purposes; and
WHEREAS, in 2003 the California legislature enacted Senate Bill 420, the Medical
Marijuana Program Act ("MMPA"), codified as Sections 11362.7, et seq., of the Health & Safety
Code, and as later amended, to clarify the scope of the Compassionate Use Act of 1996
relating to the possession and cultivation of cannabis for medical purpose, and to authorize local
governing bodies to adopt and enforce laws consistent with its provisions; and
WHEREAS, in October 2015, the State of California adopted AB 266, AB 243, and SB
643, collectively referred to as the Medical Cannabis Regulation and Safety Act ("MCRSA"),
which established a comprehensive regulatory and licensing scheme for commercial medical
cannabis operations; and
WHEREAS, at the November 8, 2016 general election, the Control, Regulate and Tax
Adult Use of Marijuana Act ("AUMA") was approved by California voters as Proposition 64,
which established a comprehensive regulatory and licensing scheme for commercial
recreational (adult use) cannabis operations, and which also legalized limited personal
recreational cannabis use, possession, and cultivation; and
WHEREAS, on June 27, 2017 Governor Brown signed Senate Bill 94, the Medicinal and
Adult Use Cannabis Regulation and Safety Act ("MAUCRSA"), which merged the regulatory
regimes of MCRSA and AUMA; and
WHEREAS, the MAUCRSA provides that the State of California will begin issuing licenses
in 2018 for both medical and recreational cannabis businesses in 20 different categories, which
are found in Section 26050 of the Business & Professions Code, and which categories include
manufacturer; and
WHEREAS, the MAUCRSA, Section 26201 of the Business & Professions Code, provides
that any standards, requirements, and regulations regarding health and safety, environmental
protection, testing, security, food safety, and worker protections established by the state for
the 20 different medical and recreational business operations to be licensed by the state under
Business & Professions Code § 26050, shall be the minimum standards, and a local jurisdiction
may establish additional standards, requirements, and regulations; and
RESOLUTION NO. 17-159
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WHEREAS, on November 9, 2017 the Carson City Council introduced for first reading
Ordinance No. 17-1637 to prohibit all commercial cannabis operations in the City except for
limited operations (including manufacturing operations) as defined in the ordinance, and that
ordinance is agendized on November 21, 2017 for adoption and second reading by the City
Council; and
WHEREAS, that ordinance, to prohibit all commercial cannabis operations in the City
except for limited operations (including manufacturing operations) as defined in the ordinance,
provides in Section 15.160 (Manufacturing operating standards and restrictions) that
"Manufacturing operating standards and restrictions will be developed and promulgated in
guidelines to be adopted by resolution of the City Council"; and
WHEREAS, pursuant to the above-described express statutory authority and its police
power, the City Council now desires to adopt operating standards and restrictions for
commercial cannabis manufacturing operations in the City of Carson, so as to protect the public
health, safety and welfare; and
WHEREAS, the City finds that the proposed standards and restrictions are not subject to
the California Environmental Quality Act ("CEQA") pursuant to both the exemption provided by
Section 26055(h) of the Business and Professions Code as well as Sections 15060(c)(3) and
15061(b)(3) of the CEQA Guidelines; and
WHEREAS, nothing in this Resolution shall be construed to allow any person to engage
in conduct that endangers others or causes a public nuisance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, DOES
HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. RECITALS. The above recitals are true and correct and incorporated
herein by this reference.
SECTION 2. STANDARDS AND RESTRICTIONS ADOPTED. The City Council of the City
of Carson hereby adopts for all manufacturing commercial cannabis operations in the City of
Carson the standards and restrictions provided for in Attachment No. 1 entitled
"MANUFACTURING OPERATING STANDARDS AND RESTRICTIONS FOR COMMERCIAL CANNABIS
OPERATIONS IN CITY OF CARSON," which is incorporated herein by this reference.
SECTION 3. CEQA. The City Council finds that the standards and restrictions adopted by
this Resolution are not subject to the California Environmental Quality Act ("CEQA") pursuant to
both the exemption provided by Section 26055(h) of the Business and Professions Code as well
as Sections 15060(c)(3) and 15061(b)(3) of the CEQA Guidelines.
RESOLUTION NO. 17-159
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SECTION 4. CERTIFICATION. The City Clerk shall certify to the passage and
adoption of this Resolution and enter it into the book of original Resolutions.
SECTION 5. EFFECTIVE DATE. This Resolution shall be effective immediately upon
passage and adoption.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Carson,
California, at a regular meeting held on the 21St day of November, 2017.
APPROVED AS TO FORM:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
CITY OF CARSON:
ATTEST:
Donesia Ga
Gti--
ana, MMC, City Clerk
I, Donesia Gause-Aldana, City Clerk of the City of Carson, California, hereby attest to and certify that the
foregoing resolution, being Resolution No. 17-159, adopted by the City of Carson City Council at its
meeting held on November 21, 2017, by the following vote:
AYES:
NOES:
ABSTAIN
ABSENT:
COUNCIL MEMBERS
COUNCIL MEMBERS:
Robles, Santarina, Hilton
Davis -Holmes, Hicks
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
Donesia Gause-Aldana, MMC, City Clerk
RESOLUTION NO. 17-159
Page 3 of 3
MANUFACTURING OPERATING STANDARDS AND RESTRICTIONS
FOR COMMERCIAL CANNABIS OPERATIONS IN CITY OF CARSON
A commercial cannabis operation engaged in manufacturing shall operate in conformance with both
the General Operating Standards and Restrictions provided for in Section 15.120 of Chapter 15
(Commercial Cannabis Operations Regulatory Program) of Article VI (Taxes and Licenses) of the
Carson Municipal Code, as well as the following minimum standards, and such standards shall be
deemed to be part of the conditions of any permit issued for a manufacturing commercial cannabis
operation under the Carson Municipal Code, to ensure that its operation is in compliance with
California law and the Carson Municipal Code, and to mitigate any potential adverse impacts of the
commercial cannabis operation on the public health, safety or welfare.
A. Integration with Ordinance No. 17-1637. The entirety of the procedures, sections and
processes of City of Carson Ordinance No. 17-1637, which adds Chapter 15 (Commercial
Cannabis Operations Regulatory Program) of Article VI (Taxes and Licenses) to the Carson
Municipal Code, applies to the manufacturing operating standards and restrictions for
commercial cannabis operations provided herein, including but not limited to Section 15.210
(Violations and penalties; public nuisance) of Ordinance No. 17-1637 applies to any
violation of any of the provisions of these operating standards and restrictions.
B. Definitions. The words and phrases used herein shall have the meanings ascribed to them by
Section 15.030 of Chapter 15 (Commercial Cannabis Operations Regulatory Program) of
Article VI (Taxes and Licenses) of the Carson Municipal Code, and as follows:
"Manufacturer 1 (Type 6)" means a manufacturer that manufactures cannabis
products using nonvolatile solvents, or no solvents, as understood by Chapter 13
("Manufacturers and Cannabis Products") of Division 10 ("Cannabis") of the
Business and Profession Code, and as may be amended.
2. "Manufacturer 2 (Type 7)" means a manufacturer that manufactures cannabis
products using volatile solvents, as understood by Chapter 13 ("Manufacturers and
Cannabis Products") of Division 10 ("Cannabis") of the Business and Profession
Code, and as may be amended.
C. City Permit and State License. No person shall engage in manufacturing without both a
current and valid City Commercial Cannabis Operation Permit for manufacturing issued
pursuant to Chapter 15 (Commercial Cannabis Operations Regulatory Program) of Article
VI (Taxes and Licenses) of the Carson Municipal Code, as well as a current and valid
equivalent state license as provided for under Division 10 of the Business and Professions
Code, and as may be amended.
D. State Standards. All state requirements and regulations that govern manufacturing
operations, including but not limited to both regulations promulgated by the State
Department of Public Health, as well as all horticultural, labeling and processing standards,
shall apply as minimum requirements and regulations for commercial cannabis operations
within the City of Carson, in addition to the requirements and regulations provided herein, by
MANUFACTURING OPERATING STANDARDS AND RESTRICTIONS FOR COMMERCIAL CANNABIS OPERATIONS IN CITY OF CARSON
RESOLUTION NO. 17-159
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Chapter 15 (Commercial Cannabis Operations Regulatory Program) of Article VI (Taxes and
Licenses) of the Carson Municipal Code, and by the Carson Municipal Code in general.
E. Location Restrictions.
No manufacturing operation shall locate or operate in any zone of the City of Carson,
other than in industrial or commercial zones.
u 2. No manufacturing operation shall locate within seven hundred and fifty (750) feet of
a school, day care center, youth center, park, library, hotel or regional shopping mall.
The distance shall be measured as the shortest horizontal distance measured in a
straight line from the property line of one site to the property line of another site.
F. Manufacturer 1 (Type 6) permittees (as defined by Division 10 of the Business and
Professions Code) shall utilize only manufacturing processes that are either solventless or
that employ only nonflammable, nontoxic solvents that are generally recognized as safe
pursuant to the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.).
G. Manufacturer 2 (Type 7) permittees shall utilize only manufacturing processes that use
solvents exclusively within a closed-loop system that meets all of the following
requirements:
1. The system uses only solvents that are generally recognized as safe pursuant to the
federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.).
2. The system is designed to recapture and contain solvents during the manufacturing
process, and otherwise prevent the off -gassing of solvents into the ambient
atmosphere to mitigate the risks of ignition and explosion during the manufacturing
process.
A licensed engineer certifies that the system is commercially manufactured, safe for
its intended use, and built to codes of recognized and generally accepted good
engineering practices, including, but not limited to, the American Society of
Mechanical Engineers (ASME), the American National Standards Institute (ANSI),
Underwriters Laboratories (UL), the American Society for Testing and Materials
(ASTM), or OSHA Nationally Recognized Testing Laboratories (NRTLs).
4. The system has a certification document that contains the signature and stamp of a
professional engineer and the serial number of the extraction unit being certified.
H. Health and Safety; Director Approval
1. General.
a. Manufacturing operations before commencing operation, and as a continuing
prerequisite to continuing operations, shall receive, and maintain, written
MANUFACTURING OPERATING STANDARDS AND RESTRICTIONS FOR COMMERCIAL CANNABIS OPERATIONS IN CITY OF CARSON
RESOLUTION NO. 17-159
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approval from the Director that any closed-loop system, other equipment
used, the on-site storage of compressed gases, the extraction operation, and
the manufacturing facilities in general, all meet or exceed appropriate health
and safety standards as determined by the Director.
b. These health and safety standards include any required fire, safety and
building code requirements specified in the California Fire Code, the
National Fire Protection Association (NFPA) standards, the International
Building Code (IBC), the International Fire Code (IFC), and any other
applicable standards, including complying with all applicable fire, safety, and
building codes in processing, handling, and storage of solvents or gasses.
2. Fire Safety Plan.
a. Manufacturing operations shall not commence until written approval is
received from the Director for a completed Fire Safety Plan for the operation.
b. An application for a renewal of a Manufacturing Commercial Cannabis
Operation Permit, pursuant to Chapter 15 (Commercial Cannabis Operations
Regulatory Program) of Article VI (Taxes and Licenses) of the Carson
Municipal Code, shall not be approved until an inspection of the site occurs
by the Director which affirms that both the operation remains in compliance
with the approved Fire Safety Plan (or an amended Fire Safety Plan as
determined by the Director) and that any further actions that need to be taken
in the determination of the Director are taken to ensure that all applicable and
necessary health and safety requirements are met.
3. Certified Industrial Hygienist (CIH).
a. The permittee must provide for, maintain, and follow a detailed plan prepared
by a CIH, and approved by the Director, to ensure the appropriate health and
safety procedures including, but not limited to, procedures necessary to
control hazards, for use of proper protective equipment, product safety,
compliance with Cal OSHA limits, to provide specifications for ventilation
controls, and ensure environmental protections, are adopted and used by the
operation on a continuing basis.
b. The Director shall establish further written requirements for the plan,
including but not limited to required inspections by the CIH and a hazardous
materials management plan. Upon reasonable determination by the Director
the permittee shall be required to update or amend the approved plan to the
satisfaction of the Director.
4. UL (Underwriters Laboratories) Listed. All processing and analytical testing devices
used by the operation must be UL listed, or otherwise approved for the intended use
MANUFACTURING OPERATING STANDARDS AND RESTRICTIONS FOR COMMERCIAL CANNABIS OPERATIONS IN CITY OF CARSON
RESOLUTION NO. 17-159
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by the Director. Any processing devices using only non -pressurized water are exempt
from such approval.
5. Hazardous Materials. All hazardous material used, generated or associated with the
operation must be disposed of in a manner which is approved by the Director before
disposal occurs, and which is compliant with all local, State and federal guidelines
for the disposal of hazardous materials.
6. Waste Treatment System. The permittee must provide for and maintain a waste
treatment system which is approved by the Director so as to prevent contamination in
areas where cannabis or cannabis products may be exposed to such a system's waste
or waste by-products.
Site Requirements. The site shall comply with the following requirements:
1. Indoor Manufacturing Only. All manufacturing shall occur in a fully enclosed
building.
2. Fire Sprinklers. The site shall be equipped with an automatic fire sprinkler system, in
accordance with NPFA 13, California Fire Code (Section 903), and the Carson
Municipal Code, with zero (0) square foot requirement.
3. Visibility. Neither cannabis, cannabis products nor visible exterior evidence of any
manufacturing activity, shall be visible from the public right-of-way, the unsecured
areas surrounding the buildings on the site, or the site's main entrance and lobby.
4. Main Entrance and Lobby. The site shall have a building with a main entrance that is
clearly visible from the public street or sidewalk. The main entrance shall be
maintained clear of barriers, landscaping, and other obstructions. Inside of the main
entrance, there shall be a lobby to receive persons into the site and to verify whether
they are allowed in the manufacturing areas.
5. Secure Product. All cannabis and cannabis products at the site shall be kept in a
secured manner at all times.
Manufacturing Area. All manufacturing areas in any building on the site shall be
separated from the main entrance and lobby, and shall be secured by a lock
accessible only to employees of the permittee.
7. Transport Area. Each building with a manufacturing area shall have an area designed
for the secure transfer of cannabis from a vehicle to the manufacturing area.
U 8. Storage Area. Each building with a manufacturing area shall have adequate storage
space for cannabis that has been manufactured or is waiting to be manufactured. The
storage areas shall be separated from the main entrance and lobby, and shall be
secured by a lock accessible only to employees of the manufacturing permittee.
MANUFACTURING OPERATING STANDARDS AND RESTRICTIONS FOR COMMERCIAL CANNABIS OPERATIONS IN CITY OF CARSON
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Sanitation. The permittee shall establish and implement written procedures that maintain the
highest industry standards of sanitation and cleanliness for the operation so as to ensure the
manufacture of cannabis products free of harmful contaminants.
K. Training. The permittee shall establish and implement written procedures that provide for the
highest industry standards of training for employees engaged in manufacturing operations.
L. Edible Cannabis Products. All edible cannabis products manufactured by an operation shall
be (as provided for in Section 26130(c) of the Business and Professions Code):
1. Not designed to be appealing to children or easily confused with commercially sold
candy or foods that do not contain cannabis.
2. Produced and sold with a standardized concentration of cannabinoids not to exceed
10 milligrams tetrahydrocannabinol (THC) per serving.
3. Delineated or scored into standardized serving sizes if the cannabis product contains
more than one serving and is an edible cannabis product in solid form.
4. Homogenized to ensure uniform disbursement of cannabinoids throughout the
product.
5. Manufactured and sold under sanitation standards established by the State
Department of Public Health, in consultation with the California Bureau of Cannabis
Control, that are similar to the standards for preparation, storage, handling, and sale
of food products.
6. Provided to customers with sufficient information to enable the informed
consumption of the product, including the potential effects of the cannabis product
and directions as to how to consume the cannabis product, as necessary.
Marked with a universal symbol, as determined by the State Department of Public
Health through regulation.
M. Signs. A permittee shall display conspicuously in the lobby of the site the following signs, so
that each sign may be readily seen by persons entering the manufacturing site, and each sign
must be at least 8 inches by 10 inches in size:
1. "This site is not open to the public."
2. "Retail sales of any goods and services is prohibited"
3. "Minors are prohibited from entering this site."
MANUFACTURING OPERATING STANDARDS AND RESTRICTIONS FOR COMMERCIAL CANNABIS OPERATIONS IN CITY OF CARSON
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4. "Smoking, ingesting, or consuming cannabis on or within 20 feet of this site is
prohibited."
N. Restricted Access.
1. The site shall be closed to the general public.
2. Minors are prohibited from entering the location of the site.
MANUFACTURING OPERATING STANDARDS AND RESTRICTIONS FOR COMMERCIAL CANNABIS OPERATIONS IN CITY OF CARSON
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