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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 Page 1 of 3 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 Page 2 of 3 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 ATTACHMENT 1 Page 1 of 6 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 ATTACHMENT 1 Page 2 of 6 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 ATTACHMENT 1 Page 3 of 6 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 RESOLUTION NO. 17-159 ATTACHMENT 1 Page 4 of 6 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 RESOLUTION NO. 17-159 ATTACHMENT 1 Page 5 of 6 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 RESOLUTION NO. 17-159 ATTACHMENT 1 Page 6 of 6