HomeMy Public PortalAbout15) 8B Adoption of Urgency Ordinance to extend moratorium on regulations pertaining to cannabisCity Council
December 6, 2016
Page 2 of4
3. On January 19, 2016, the City Council adopted Ordinance No. 16-1008 to prohibit
marijuana cultivation facilities, commercial cannabis activities, and medical
marijuana deliveries, as authorized under the MMRSA.
4. On November 1, 2016, the City Council adopted Ordinance No. 16-1 017U
establishing a moratorium to temporarily prohibit the cultivation, processing,
manufacturing, laboratory testing, labeling, storing, and wholesale and retail
distribution of cannabis, in anticipation of voters approving Proposition 64, the
Control, Regulate, and Tax Adult Use of Marijuana Act (AUMA).
5. On November 8, 2016, California voters approved Proposition 64, the AUMA. While
state law previously allowed marijuana use only for medical purposes, the AUMA
legalizes the recreational use of marijuana in California. The AUMA establishes a
regulatory system for recreational marijuana similar to the system established under
the MMRSA for medical marijuana.
6. On November 24, 2016, notice of the public hearing to extend the moratorium was
published in the Temple City Tribune newspaper.
ANALYSIS:
With the passage of the AUMA, it is now lawful for individuals 21 years of age and older
to do the following:
• Possess, process, transport, purchase, or obtain up to 28.5 grams (approximately
one ounce) of marijuana, or up to eight grams of marijuana in the form of
concentrated cannabis, which may be contained in marijuana products such as
edibles;
• Give away without compensation, to persons 21 years of age and older, marijuana
up to the same amounts listed above;
• Possess, plant, cultivate, harvest, dry, or process up to six living marijuana plants
and possess the marijuana produced by the plants, subject to certain restrictions;
and
• Smoke or ingest marijuana and marijuana products.
These provisions of the AUMA took effect the day after the election, November 9, 2016.
The AUMA also legalizes recreational marijuana retail services and delivery services and
requires cultivators, manufacturers, distributors, retailers, and testing laboratories to
obtain a state license; however these provisions do not become effective until January 1,
2018.
City Council
December 6, 2016
Page 3 of4
Notwithstanding the uses and activities made lawful by the AUMA, the AUMA allows cities
to regulate or prohibit certain marijuana uses and activities. It allows cities to do any of
the following:
• Adopt standards, requirements, and regulations regarding health and safety,
environmental protection, testing, security, food safety, and worker protections for
marijuana related businesses and activities;
• Prohibit all marijuana-related business outright, including dispensaries, delivery
services, and any retail services;
• Prohibit outdoor cultivation of marijuana (unless marijuana is legalized by the
federal government, in which case outdoor cultivation could be regulated but not
prohibited); and
• Reasonably regulate, but not prohibit, indoor cultivation of marijuana in private
residences.
While the Temple City Municipal Code prohibits the distribution, cultivation, and delivery
of medical marijuana, the code is silent regarding recreational marijuana, since
recreational marijuana was not legal in California at the time the code was drafted. The
urgency ordinance established a temporary moratorium to prohibit the processing,
manufacturing, laboratory testing, labeling, storing, wholesale and retail distribution, and
commercial cultivation of marijuana in Temple City. The moratorium also prohibits
outdoor cultivation citywide, including private cultivation in residential zones.
California Government Code Section 65858 allows a city to adopt an urgency ordinance
to establish a temporary moratorium to prohibit uses that may be inconsistent with zoning
regulations being contemplated, if necessary to protect the public health, safety, and
welfare. The City Council took this action on November 1, 2016, with the adoption of
Ordinance No. 16-1017U. Pursuant to the Government Code, the temporary moratorium
is initially effective for 45 days, after which the City Council may hold a noticed public
hearing to further extend the moratorium by a four-fifths vote for an additional 10 months
and 15 days, for a total period of one year. The City Council may further extend the
moratorium for an additional year if deemed necessary at a later time; however one year
should be adequate for staff and the City Attorney to study this issue and bring back
recommendations for City Council consideration.
City staff and the City Attorney's office are undertaking a review of issues related to the
AUMA and the City's options for regulating recreational marijuana. Extending the
moratorium will provide additional time for this effort and ensure that there is adequate
time for the City Council to consider and adopt permanent regulations before the
moratorium expires. Extending the temporary moratorium ensures that none of the
prohibited cannabis activities occur in Temple City while staff and the City Attorney study
the matter. Staff will return to the City Council in 2017 with recommendations for the
adoption of a permanent ordinance that provides a comprehensive regulatory scheme
regarding recreational marijuana.
City Council
December 6, 2016
Page 4 of 4
STRATEGIC GOALS:
The moratorium furthers the City Strategic Goals of Good Governance, Public Health and
Safety, and Quality of Life. The moratorium is necessary to protect the public health,
safety, and welfare until such time that the City Council considers and adopts
comprehensive and permanent regulations regarding recreational marijuana.
FISCAL IMPACT:
Adopting the proposed urgency ordinance would not have any impact on the Fiscal Year
2016-17 City Budget.
ATTACHMENT:
A. Urgency Ordinance No. 16-1 018U
ATTACHMENT A
URGENCY ORDINANCE NO. 16-1018U
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF TEMPLE CITY, CALIFORNIA, EXTENDING
A MORATORIUM PROHIBITING THE CULTIVATION,
PROCESSING, MANUFACTURING, LABORATORY
TESTING, LABELING, STORING, AND WHOLESALE
AND RETAIL DISTRIBUTION OF CANNABIS.
A WHEREAS, on November 5, 1996, the voters of the State of California approved
Proposition 215, which enacted the Compassionate Use Act of 1996, codified at
California Health and Safety Code Section 11362.5 ("CUA"). The CUA
decriminalized the otherwise unlawful possession and cultivation of marijuana for
certain medical purposes under certain limited and specified circumstances; and
B. WHEREAS, in 2004, the Legislature enacted Senate Bill 420, codified at California
Health and Safety Code Section 11362.7 et seq. and referred to as the Medical
Marijuana Program ("MMP") to clarify the scope of the CUA, and to provide qualifying
patients and primary caregivers who collectively or cooperatively cultivate marijuana
for medical purposes with a limited defense to certain specified State criminal
statutes. Assembly Bill 2650 (201 0) and Assembly Bill 1300 (2011) amended the
MMP to expressly recognize the authority of cities to "[a]dopt local ordinances that
regulate the location, operation, or establishment of a medical marijuana cooperative
or collective"; and
C. WHEREAS, in City of Riverside v. Inland Empire Patients Health and Wei/ness
Center, Inc. (2013) 56 Cal.4th 729, the California Supreme Court held that "[n]othing
in the CUA or the MMP expressly or impliedly limits the inherent authority of a local
jurisdiction, by its own ordinances, to regulate the use of its land ... "; and
D. WHEREAS, on October 9, 2015, Governor Brown signed three bills into law
(Assembly Bill 266, Assembly Bill 243, and Senate Bill 643) which collectively are
known as the Medical Marijuana Regulation and Safety Act ("MMRSA"). The
MMRSA established a State licensing scheme for commercial medical marijuana
uses while protecting local control by requiring that all such businesses have a local
license or permit to operate before obtaining a State license. The MMRSA allowed
cities to completely prohibit commercial and private medical marijuana activities; and
E. WHEREAS, on November 8, 2016, California voters approved Proposition 64, the
Control, Regulate, and Tax Adult Use of Marijuana Act ("AUMA"). The AUMA makes
it lawful for individuals 21 years of age and older to possess, process, transport,
purchase, obtain, or give away without any compensation, to persons 21 years of
age or older, up to 28.5 grams of marijuana, or up to eight grams of marijuana in the
form of concentrated cannabis contained in marijuana products. The AUMA also
makes it lawful for individuals 21 years of age and older to possess, plant, cultivate,
Urgency Ordinance No. 16-1018U
Page 2 of 5
harvest, dry, or process not more than six living marijuana plants and possess the
marijuana produced by the plants. Further, the AUMA makes it lawful for individuals
21 years of age and older to smoke or ingest marijuana or marijuana products.
Portions of the AUMA took effect the day after the election, specifically recreational
use by adults and cultivation in private residences; and
F. WHEREAS, the AUMA allows local governments to prohibit recreational marijuana
businesses entirely, and allow cities to reasonably regulate indoor cultivation and
prohibit outdoor cultivation; and
G. WHEREAS, the City has an overriding interest in planning and regulating the use of
property within the City. 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. Without
stable, well-planned neighborhoods, areas of the City can quickly deteriorate, with
tragic consequences to social, environmental, and economic values; and
H. WHEREAS, in 2011, the City Council adopted Ordinance No. 11-942 to prohibit fixed
and mobile marijuana dispensaries in the City; and
I. WHEREAS, on January 19, 2016, the City Council adopted Ordinance No. 16-1008
to prohibit marijuana cultivation facilities, commercial cannabis activities, and
medical marijuana deliveries in the City; and
J. WHEREAS, the City Council finds there is a current and immediate threat to the
health, safety, and welfare of City residents arising from the risks associated with
the cultivation, processing, manufacturing, laboratory testing, labeling, storing, and
wholesale and retail distribution of cannabis. Citywide prohibition of all activities,
from cultivation to point of sale, is proper and necessary to avoid the risks of criminal
activity, degradation of the natural environment, and malodorous smells that may
result from such activities; and
K. WHEREAS, several California cities have experienced negative secondary effects
and adverse impacts of marijuana processing and distribution uses, including
offensive odors, illegal sales and distribution of marijuana, trespassing, theft, violent
robberies and attempted robberies, and fire hazards; and
L. WHEREAS, the California Attorney General's 2008 Guidelines for Security and Non-
Diversion of Marijuana Grown for Medical Use points out that marijuana cultivation
or other concentrations of marijuana in any location or premises without adequate
security increases the risk that surrounding homes or businesses may be negatively
impacted by nuisance activity, such as loitering or crime; and
M. WHEREAS, until and unless the California Department of Food and Agriculture
establishes a track and trace program for reporting the movement of marijuana items
through the distribution chain, as mandated by California Business and Professions
Code Section 19335, the risk of crime from theft and burglary attendant to
Urgency Ordinance No. 16-1018U
Page 3 of 5
manufacturing and distribution facilities is significant. Until traceable, stolen product
will have street value for sale to minors; and
N. WHEREAS, manufacturing of cannabis products can involve the use of chemicals
and solvents, and as a result, the manufacture of hash oil concentrate, often added
to edibles, drink, and liquids, carries a significant risk of explosion due to the
distillation process utilized to extract tetrahydrocannabinol. Major burn treatment
centers at two hospitals in Northern California reported in 2015 that nearly 10
percent of severe burn cases were attributed to butane hash oil explosions, which
was more than burn cases from car accidents and house fires combined; and
0. WHEREAS, the CUA, MMP, and AUMA do not confer a land use right or the right to
create or maintain a public nuisance; and
P. WHEREAS, the City Council desires to assure that the cultivation, processing,
manufacturing, laboratory testing, labeling, storing, and wholesale and retail
distribution of cannabis is prohibited in the City until the City has had a reasonable
opportunity to study the ramification of same, and report the findings, so that
appropriate land use decisions can be made; and
Q. WHEREAS, the City Council further desires to enact this interim urgency ordinance
to expressly clarify that the cultivation, processing, manufacturing, laboratory testing,
labeling, storing, and wholesale and retail distribution of cannabis is prohibited in all
zones throughout the City; and
R. WHEREAS, the immediate prohibition of all commercial and industrial cannabis
activities will maintain the status quo while allowing the City to investigate and
research the safety and options of regulation; and
S. WHEREAS, the City will take steps to update its Municipal Code to develop a
comprehensive approach to cannabis, meant to protect the public health, safety, and
welfare; and
T. WHEREAS, on November 1, 2016, the City Council adopted Ordinance No. 16-
1 017U establishing a temporary moratorium to prohibit the cultivation, processing,
manufacturing, laboratory testing, labeling, storing, and wholesale and retail
distribution of cannabis. The moratorium is effective for 45 days unless extended
pursuant to Government Code Section 65858.
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS
FOLLOWS:
SECTION 1. The foregoing findings and determinations are true and correct and
are incorporated herein by reference.
Urgency Ordinance No. 16-1018U
Page 4 of 5
SECTION 2. Based on the foregoing, the City Council finds and declares there is
a current and immediate threat to the public health, safety, and welfare and upon that
basis has determined that an urgency ordinance pursuant to Government Code Section
65858 is warranted to extend the moratorium adopted by the City Council on November
1, 2016, by Ordinance No. 16-1017U.
SECTION 3. For a period of 10 months and 15 days from December 16, 2016 (the
expiration date of Ordinance No. 16-1017U}, the following regulations are hereby
imposed. These regulations shall prevail over any conflicting provisions of the Temple
City Municipal Code, and other ordinances, resolutions, and policies of the City of Temple
City:
1. Any planting, cultivating, harvesting, drying, or processing of cannabis outdoors
is prohibited. No use permit, building permit, variance, or any other permit or
entitlement, whether ministerial or discretionary, shall be approved for any such
use or activity.
2. Any commercial or industrial use involving cannabis, including, but not limited
to, the cultivation, processing, manufacturing, laboratory testing, labeling,
storing, delivery, transportation, and wholesale and retail distribution of
cannabis, and all cannabis derivatives, is prohibited. No use permit, building
permit, variance, or any other permit or entitlement, whether ministerial or
discretionary, shall be approved for any such use or activity.
3. For the purposes of this ordinance, the term "cannabis" shall have the same
meaning as set forth in California Business and Professions Code Section
19300.5(f).
SECTION 4. The City Council finds that this ordinance is not subject to the
California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in
the environment) and 15060(c)(3) (the activity is not a project as defined in Section
15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly
or indirectly; rather it prevents changes in the environment pending the completion of
the contemplated study and review.
SECTION 5. If any section, subsection, sentence, clause, or phrase of this
ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision will not affect the validity of the remaining
portions of this ordinance. The City Council hereby declares that it would have passed
this ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the
ordinance would be subsequently declared invalid or unconstitutional.
Urgency Ordinance No. 16-1018U
Page 5 of 5
SECTION 6. This urgency ordinance is enacted under California Government
Code Section 65858(a). This urgency ordinance is effective immediately upon the
expiration of Ordinance No. 16-1017U on December 16, 2016, and will extend for a
period of 10 months and 15 days at which time it will automatically expire unless
extended by the City Council in accordance with California Government Code Section
65858.
SECTION 7. The City Clerk shall certify to the passage and adoption of this
ordinance and to its approval by the Mayor and shall cause the same to be published
according to law.
PASSED, APPROVED, AND ADOPTED this 6th day of December, 2016.
Vincent Yu, Mayor
ATTEST: APPROVED AS TO FORM:
Peggy Kuo, City Clerk Eric S. Vail, City Attorney
I, Peggy Kuo, City Clerk of the City of Temple City, hereby certify that the foregoing
Urgency Ordinance No. 16-1018U was introduced and was duly passed, approved, and
adopted at the regular meeting of the City Council of the City of Temple City held on the 6th
day of December, 2016, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Peggy Kuo, City Clerk