HomeMy Public PortalAbout07) 7D Adoption of Ordinance No 17-1025 Regulating Marijuana Use and ActivitiesAGENDA
ITEM 7.0.
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
DATP. August 15 , 2017
rJ: The Honorable City Council
FROM: Bryan Cook, City Manager
Via : Michael D. Forbes , Community Development Director
Scott Reimers , Planning Manage r
By : Adam Gulick, Associate Planner
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 17-1025
AMENDING AND RESTATING ARTICLE T (SPECIAL USES) OF
CHAPTER 1 (ZONING CODE) OF TITLE 9 OF THE TEMPLE CITY
MUNICIPAL CODE PERTAINING TO THE REGULATION OF
MARIJUANA USES AND ACTIVITIES
RECOMMENDATION:
The City Council is requested to adopt and waive further reading of Ordinance No. 17-
1025 (Attachment "A"), amending and restating Article T (Special Uses) of Chapter 1
(Zoning Code) of Title 9 of the Temple City Municipal Code (TCMC) pertaining to the
regulation of marijuana uses and activities .
BACKGROUND:
On August 1, 2017, the City Council introduced Ordinance No . 17-1025 for first reading,
by title only , amending and restating Article T (Special Uses) of Chapter 1 (Zoning Code)
of Title 9 of the TCMC pertaining to the regulation of marijuana uses and activities.
ANALYSIS:
In response to Proposition 64, the Adult Use of Marijuana Act (AUMA), the proposed
O rdinance modifies the TCMC to address all marijuana uses and activities . The proposed
Ordinance amends and modifies Section 9-1T-7 of the TCMC, which currently only
addresses medical marijuana , as follows :
City Council
August 15, 2017
Page 2 of 2
• Modifying the title to include all marijuana uses and activities;
• Updating definitions of terms to align with the definitions provided within State law;
• Prohibiting all commercial marijuana uses and activities;
• Prohibiting personal outdoor marijuana cultivation; and
• Establishing standards for indoor personal marijuana cultivation.
STRATEGIC GOALS:
The proposed Ordinance furthers the City Strategic Goals of Good Governance, Public
Health and Safety, and Quality of Life. The proposed Ordinance must comply with the
AUMA, which allows local jurisdictions to prohibit marijuana uses and activities, and to
establish regulations for personal indoor marijuana cultivation.
FISCAL IMPACT:
Adopting the proposed Ordinance would not have any impact on the Fiscal Year 2017-18
City Budget.
ATTACHMENT:
A. Ordinance No. 17-1025
B. August 1, 2017 City Council Staff Report
ATTACHMENT A
ORDINANCE NO. 17-1025
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMPLE CITY, CALIFORNIA, AMENDING AND
RESTATING SECTION 9-1T-7 OF THE ZONING CODE
OF TEMPLE CITY PERTAINING TO THE REGULATION
OF MARIJUANA.
A. 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 marijuana contained in marijuana products. The AUMA also
makes it lawful for individuals 21 years of age and older to possess, plant, cultivate,
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
B. WHEREAS, the AUMA allows local governments to prohibit all marijuana uses and
activities, and allow cities to reasonably regulate indoor cultivation and prohibit
outdoor cultivation; and
C. WHEREAS, to regulate commercial use of marijuana, the AUMA would add Division
10 (Marijuana) to the Business & Professions Code, which grants state agencies
"the exclusive authority to create, issue, renew, discipline, suspend, or revoke"
licenses for businesses including the transportation, storage, distribution, sale,
cultivation, manufacturing, and testing of marijuana; and
D. WHEREAS, the AUMA provides that the above state agencies shall promulgate
rules and regulations and shall begin issuing licenses under Division 10 by January
1, 2018; and
E. WHEREAS, the AUMA states that a local jurisdiction shall not prevent transportation
of marijuana or marijuana products on public roads by a license transporting
marijuana or marijuana products in compliance with Division 10; and
F. WHEREAS, absent appropriate local regulation authorized by the AUMA, state
regulations will control; and
G. WHEREAS, the AUMA does not confer a land use right or the right to create or
maintain a public nuisance; and
Ordinance No. 17-1025
Page 2 of 4
H. WHEREAS, manufacturing of marijuana 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
I. 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
J. 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
K. 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
manufacturing and distribution facilities is significant. Until traceable, stolen product
will have street value for sale to minors; and
L. WHEREAS, under the Federal Controlled Substances Act, the use, possession, and
cultivation of marijuana are unlawful and subject to federal prosecution without
regard to a claimed medical need; and
M. WHEREAS, the City Council finds there is a 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 marijuana. Citywide prohibition of all commercial marijuana 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
N. 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
Ordinance No. 17-1025
Page 3 of 4
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS
FOLLOWS:
SECTION 1. Environmental Review. 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. Where it can be seen with certainty
that there is no possibility that the activity may have a significant effect on the
environment, the activity is not subject to CEQA.
SECTION 2. Amendment to Section 9-1T-7. Section 9-1T-7 is amended and
restated as set forth in Exhibit "1 ".
SECTION 3. Publication. The City Clerk is directed to cause this ordinance to be
posted or published in the manner required by law.
SECTION 4. Severability. 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.
SECTION 5. Effective Date and Duration. 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.
SECTION 6. Certification. 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 15th day of August, 2017.
Cynthia Sternquist, Mayor
Ordinance No. 17-1025
Page 4 of 4
ATTEST:
Peggy Kuo, City Clerk
APPROVED AS TO FORM:
Eric S. Vail, City Attorney
I, Peggy Kuo, City Clerk of the City of Temple City, hereby certify that the foregoing
Ordinance No. 17-1025 was introduced at the regular meeting of the City Council of the
City of Temple City held on the 1st day of August 2017, and was duly passed, approved,
and adopted by said Council at the regular meeting held on the 15th day of August, 2017,
by the following vote:
A YES: Council member-
NOES: Councilrnember-
ABSENT: Councilmember-
ABSTAIN: Councilrnember-
Peggy Kuo, City Clerk
EXHIBIT "1"
TITLE 9. ZONING REGULATIONS
CHAPTER 1. ZONING CODE
ARTICLE T. SPECIAL USES
9-1T-7: MARIJUANA FACILITIES AND ACTIVITIES:
A. Purpose: The purpose of this section is to reasonably regulate personal marijuana
cultivation on residential properties, and prohibit marijuana uses and activities (cultivation,
processing, manufacturing, laboratory testing, labeling, storing, wholesaling and retail
distribution) in all commercial and industrial zones, in accordance with state law.
B. Definitions: The words, phrases, and terms used in this section shall have the following
meanings for the purposes of this section only:
ACCESSORY STRUCTURE: A detached non-habitable structure that is fully enclosed
with walls for all perimeters of the building, including, without limitation, a storage shed
located on the same legal parcel as a private residence.
COMMERCIAL MARIJUANA ACTIVITY: The cultivation, possession, manufacture,
distribution, processing, storing, laboratory testing, labeling, transportation, or sale of
marijuana and marijuana products for commercial purposes, whether or not conducted
with a license issued in accordance with Division 1 0 of the Business and Professions
Code (Business and Professions Code sections 26000, et seq.).
CULTIVATE or CULTIVATION: Any activity involving the planting, growing, harvesting,
drying, curing, grading, or trimming of marijuana.
ESTABLISH or OPERATE: Means and includes any of the following involving marijuana:
the opening, commencement, conversion of an existing business, facility, use,
establishment, or location, or the addition to any other existing business, facility, use,
establishment or location, for marijuana purposes as set forth in this section.
LEGAL PARCEL: Any parcel of real property that may be separately sold in compliance
with the Subdivision Map Act (Government Code sections 66410 et. seq.).
MANUFACTURE: The commercial production, preparation, propagation, or compounding
of marijuana or marijuana products either directly or indirectly or by extractions and
chemical synthesis at a fixed location that packages or repackages marijuana or
marijuana products or labels or re-labels its container.
MARIJUANA: All parts of the plant cannabis, whether growing or not; the seeds thereof;
the resin extracted from any part of the plant; and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant, its seeds or resin. It includes marijuana
infused in foodstuff. It does not include the mature stalks of the plant, fiber produced from
the stalks, oil or cake made from the seeds of the plant, any other compound,
manufacture, salt, derivative, mixture, or preparation of the mature stalks (except resin
extracted therefrom), fiber, oil, or cake, or the sterilized seeds of the plant that are
incapable of germination. Marijuana does not include:
1. Industrial hemp, as defined in Health and Safety Code section 11018.5; or
2. The weight of any other ingredient combined with marijuana to prepare topical or
oral administrations, food, drink or other product. The terms marijuana and
cannabis shall be synonymous and have the same meaning.
MARIJUANA CULTIVATION FACILITY: Any business, facility, use, establishment, or
location where the cultivation of marijuana occurs.
MARIJUANA PRODUCTS: Marijuana that has undergone a process whereby the plant
material has been transformed into a concentrate, including, but not limited to,
concentrated cannabis, or an edible or topical product containing marijuana or
concentrated cannabis and other ingredients.
MEDICAL MARIJUANA: Marijuana used for medical purposes where that medical use is
deemed appropriate and has been recommended by a physician who has determined
that the person's health would benefit from the use of marijuana in the treatment of
acquired immune deficiency syndrome ("AIDS"), anorexia, arthritis, cancer, chronic pain,
glaucoma, migraine, spasticity, or any other serious medical condition for which marijuana
is deemed to provide relief as defined in subsection (h) of Health And Safety Code section
11362.7.
MEDICAL MARIJUANA DISPENSARY: Any business, facility, use, establishment or
location, whether fixed or mobile, where medical marijuana is made available to, delivered
to and/or distributed by or to three (3) or more of the following: a "primary caregiver", "a
qualified patient", or a person with an "identification card", as these terms are defined in
California Health And Safety Code section 11362.5 and following. A "medical marijuana
dispensary" does not include the following uses, as long as the location of such uses are
otherwise regulated by this code or applicable law: a clinic licensed pursuant to chapter
1 of division 2 of the Health And Safety Code, a healthcare facility licensed pursuant to
chapter 2 of division 2 of the Health And Safety Code, a residential care facility for persons
with chronic life threatening illness licensed pursuant to chapter 3.01 of division 2 of the
Health And Safety Code, a residential care facility for the elderly licensed pursuant to
chapter 3.2 of division 2 of the Health And Safety Code, a residential hospice, or a home
health agency licensed pursuant to chapter 8 of division 2 of the Health And Safety Code,
as long as any such use corn plies strictly with applicable law including, but not limited to,
Health And Safety Code section 11362.5 and following.
NON-MEDICAL MARIJUANA FACILITY: Any building, facility, use, establishment,
property, or location where any person or entity establishes, commences, engages in,
conducts, or carries on, or permits another person or entity to establish, commence,
engage in, conduct, or carry on, any activity that requires a state license or nonprofit
license under Business and Professions Code sections 26000 and following, including,
but not limited to, marijuana cultivation, marijuana distribution, marijuana transportation,
marijuana storage, manufacturing of marijuana products, marijuana processing, the sale
of any marijuana or marijuana products, and the operation of a marijuana microbusiness.
OUTDOOR: Any location within the City of Temple City that is not within a fully enclosed
structure. Open patio covers or partially enclosed patio covers shall be considered
"outdoor" for the purposes of this Section.
PREMISES: A single, legal parcel of property. Where contiguous legal parcels are under
common ownership or control, such contiguous legal parcels shall constitute a single
"premises" for purposes of this Section.
PRIVATE RESIDENCE: A legally existing house, apartment unit, mobile home, or other
similar dwelling. A legally existing accessory structure located on the same legal parcel
as a private residence shall be considered a part of that private residence.
RESIDENTIAL STRUCTURE: Any building or portion thereof legally existing which
contains living facilities, including provisions for sleeping, eating, cooking and sanitation
on a premises or legal parcel located within a zoning district authorizing such use and
which may be legally occupied by persons.
C. Prohibited Activities:
1. Medical marijuana dispensaries and non-medical marijuana facilities are prohibited
in all zones in the city and shall not be established or operated anywhere in the
city.
2. With the exception of personal marijuana cultivation in a private residence per
Section 9-1T-7(E) through Section 9-1T-7(G), marijuana cultivation and marijuana
cultivation facilities are prohibited in all zones in the city and shall not be
established or operated anywhere in the city.
3. Commercial marijuana activities are prohibited in all zones in the city and shall not
be established or operated anywhere in the city.
4. No person may own, establish, open, operate, conduct, or manage any marijuana
dispensary, non-medical marijuana facility, or marijuana cultivation facility in the
city, or be the lessor of property where a marijuana dispensary, non-medical
marijuana facility, or marijuana cultivation facility is located. No person may
participate as an employee, contractor, agent, volunteer, or in any manner or
capacity in any marijuana dispensary, non-medical marijuana facility, or marijuana
cultivation facility in the city.
5. No use permit, site development permit, tentative map, parcel map, variance,
grading permit, building permit, building plans, zone change, business license,
certificate of occupancy or other applicable approval will be accepted, approved or
issued for the establishment or operation of a marijuana dispensary, non-medical
marijuana facility, or marijuana cultivation facility.
6. No person or entity may deliver or transport marijuana from any fixed or mobile
location, either inside or outside the city, to any person or location in the city, except
that a person may deliver or transport medical marijuana to a qualified patient or
person with an identification card, as those terms are defined in Health And Safety
Code section 11362.7, for whom he or she is the primary caregiver within the
meaning of Health And Safety Code sections 11362.5 and 11362.7(d).
7. Nothing contained in this section shall be deemed to permit or authorize any use
or activity which is otherwise prohibited by any state or federal law.
D. Enforcement: The city may enforce this section in any manner permitted by law. The
violation of this section shall be and is hereby declared to be a public nuisance and
contrary to the public interest and shall, at the discretion of the city, create a cause of
action for injunctive relief.
E. Personal Marijuana Cultivation: Personal marijuana cultivation may only be conducted
within private residences, and in compliance with Section 9-1T-7(E) through Section 9-
1T-7(G), and state law.
1. It shall be unlawful and a public nuisance for any person 21 years of age or older
who own, lease, occupy, or have charge or possession of any private residence
within any zoning district in the City of Temple City to cultivate marijuana for
personal use except as provided for in Section 9-1T-7(E) through Section 9-1T-
7(G).
2. It shall be unlawful and a public nuisance for any person under 21 years of age to
cultivate marijuana.
F. Indoor Marijuana Cultivation in a Private Residence: the following is required before
marijuana may be cultivated within a private residence.
1. Plant Limitation. Not more than a total of six living marijuana plants may be planted,
cultivated, harvested, dried, or processed inside a single private residence or
inside an accessory structure located on the grounds where the private residence
is located, at any one time.
2. Residency Requirement. Any person who cultivates marijuana for personal use
shall reside full-time on the premises where the marijuana cultivation occurs.
3. Location and Use:
a. Primary residential structures used for marijuana cultivation shall remain at
all times a residence, with legal and functioning cooking, sleeping, and
sanitation facilities, with proper ingress and egress.
b. Cultivation shall not be permitted in rooms when it impedes the room's
primary use, such as cooking of meals, sleeping, and bathing.
c. Any room or area being converted for the purposes of cultivating marijuana
shall receive planning and building approval, and shall comply with all
applicable building, mechanical, electrical, plumbing, and fire codes.
d. Cultivation shall not occur in carpeted areas or other areas deemed
hazardous by the City's Building Official.
e. Cultivation shall be limited to a cumulative area totaling up to 50 square
feet.
f. Marijuana cultivation shall not occur in a garage that is required by the
Zoning Code. All required garage parking spaces must remain free and
clear of marijuana cultivation equipment or living marijuana plants.
g. The private residence shall not be used primarily for marijuana cultivation.
h. A renter seeking to cultivate marijuana shall have written consent from the
property owner.
i. Personal marijuana cultivation shall not be allowed in a residence if any of
the following activities also occur on the premises -childcare center,
community care facility, daycare center, youth center, group home, or any
other facility caring for children that do not allow the cultivation of marijuana
by law or policy.
j. Marijuana cultivation lighting shall not exceed a total of 1 ,200 watts for the
cultivation area within the private residence.
k. The indoor use of generators and/or the indoor use of gas products,
including, without limitation, carbon dioxide (C02), butane, propane, and
natural gas shall be prohibited for the cultivation of marijuana.
I. Marijuana cultivation shall not be conducted in such a manner as to emit
detrimental odor outside of the private residence.
m. Marijuana cultivation shall require proper ventilation to prevent mold
damage and to prevent marijuana odors or particles from being a public
nuisance.
n. Marijuana cultivation shall not be hazardous due to use or storage of
materials, processes, and products or wastes.
o. Marijuana cultivation shall not create dust, glare, heat, noise, smoke, traffic,
vibration, or other impacts deemed a public nuisance.
p. Not more than a total of six living marijuana plants may be planted,
cultivated, harvested, dried, or processed inside a single private residence
and/or inside an accessory structure located on the grounds where the
private residence is located, at any one time.
q. Marijuana cultivation activities, including marijuana plants and equipment,
shall not be allowed on balconies, patios, porches, and the like.
r. Marijuana cultivation activities, including marijuana plants and equipment,
shall not be visible from the public right-of-way, private driveway, or fire
lane.
4. Access and Security:
a. Marijuana cultivation areas shall have an adequate mechanical locking or
electronic security system installed prior to marijuana cultivation.
b. Marijuana cultivation areas shall remain secure at all times and shall not be
accessible to persons under 21 years of age.
c. The living marijuana plants and any marijuana produced by the plants in
excess of 28.5 grams shall be kept within the private residence or accessory
structure located upon the premises, in a locked space, and not visible by
normal unaided vision from a public view.
G. Outdoor Marijuana Cultivation: It shall be unlawful and a public nuisance for any person
owning, leasing, occupying, or having charge or possession of any legal parcel or
premises within any zoning district in the City of Temple City to cause, or allow such
parcel or premises to be used for, the outdoor cultivation of marijuana or marijuana
products.
ATTACHMENT B
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
DATE: August 1, 2017
TO: The Honorable City Council
FROM: Bryan Cook, City Manager
Via : Michael D. Forbes, Community Development Director
Scott Reimers , Plann ing Manager
By : Adam Gulick, Associate Planner
SUBJECT: INTRODUCTION AND FIRST READING OF ORDINANCE NO. 17-1025
AMENDING AND RESTATING ARTICLE T (SPECIAL USES) OF
CHAPTER 1 (ZONING CODE) OF TITLE 9 OF THE TEMPLE CITY
MUNICIPAL CODE PERTAINING TO THE REGULATION OF MARIJUANA
USES AND ACTIVITIES
RECOMMENDATION:
The City Council is requested to :
1. Introduce for first reading by title only and waive further reading of Ordinance No.
17-1025 (Attachment "A"), amending and restating Article T (special uses) of
Chapter 1 (Zoning Code) of Title 9 of the Temple City Municipal Code (TCMC)
pertaining to the regulation of marijuana uses and activities ; and
2 . Schedule the second reading of Ordinance No. 17-1025 for August 15, 2017.
BACKGROUND:
1. In 2011, the City Council adopted Ord inance No. 11-942 to proh ibit fixed and mobile
medical marijuana dispensaries throughout the City. The Zon ing Code defines
medical marijuana dispensaries broadly as any facility where medicinal marijuana is
distributed in accordance with the Compassionate Use Act approved by Californ ia
voters in 1996 and the Medical Marijuana Program Act passed by the legislature and
signed by the governor in 2003.
City Council
August 1, 2017
Page 2 of 4
2. In 2015, the California legislature passed, and Governor Brown signed, the Medical
Marijuana Regulation and Safety Act (MMRSA), comprised of Assembly Bills 243
and 266, and Senate Bill 643. The MMRSA created a broad state regulatory and
licensing system governing the cultivation, testing, and distribution of medical
marijuana; the manufacturing of marijuana products; and physician
recommendations for medical marijuana.
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 June 28, 2016, the California Secretary of State certified Proposition 64, the Adult
Use of Marijuana Act (AUMA), for the November 8, 2016, ballot. While the state Jaw
in effect at the time allowed marijuana use only for medical purposes, the AUMA
would legalize the recreational use of marijuana. The AUMA would also establish a
regulatory system for recreational marijuana similar to the system established under
the MMRSA for medical marijuana.
5. On November 1, 2016, in anticipation of the AUMA passing, the City Council adopted
Urgency Ordinance No. 16-1017U prohibiting the cultivation, processing,
manufacturing, laboratory testing, labeling, storing, and wholesale and retail
distribution of cannabis.
6. On November 8, 2016, California voters approved Proposition 64-the AUMA. The
passing of the AUMA legalized the recreational use of nonmedical marijuana by
persons 21 years of age and over, and the personal cultivation of up to six marijuana
plants per household. Proposition 64 also established regulatory and taxing
schemes for commercial nonmedical marijuana facilities and activities (cultivation,
processing, manufacturing, laboratory testing, labeling, storing, and wholesale and
retail distribution).
7. On December 6, 2016, the City Council adopted Urgency Ordinance No. 16-1 018U
extending for an additional 10 months and 15 days the moratorium prohibiting the
cultivation, processing, manufacturing, laboratory testing, labeling, storing, and
wholesale and retail distribution of cannabis, to provide staff and the City Attorney's
office additional time to develop permanent regulations for City Council
consideration.
8. On July 11, 2017, the Planning Commission held a noticed public hearing to discuss
the proposed ordinance. The Planning Commission unanimously recommended that
the City Council adopt Ordinance No. 17-1025 (Attachment "A").
9. On July 20, 2017, the notice of the public hearing for the ordinance was published
in the newspaper.
City Council
August 1, 2017
Page 3 of 4
ANALYSIS:
It is anticipated that beginning January 1, 2018, various state agencies (Department of
Consumer Affairs, the Department of Food and Agriculture, and the Department of Public
Health) will begin issuing licenses for commercial marijuana uses and activities, including
cultivation and distribution. The various state agencies will issue a license to a commercial
marijuana operator unless a local jurisdiction specifically prohibits the specific marijuana
use or activity. Therefore, it is imperative that the City modify the TCMC if the City Council
intends to prohibit commercial marijuana uses and activities.
A summary (Attachment "8") of the Planning Commission staff report (Attachment "C")
includes an overview of the AUMA, discusses options for local jurisdictions, and
recommended changes to the TCMC to comply with the AUMA. The proposed ordinance
(Attachment "A") modifies Section 9-1T-7 of the TCMC, which currently only addresses
medical marijuana, as follows:
• Modifying the title to include all marijuana uses and activities;
• Updating definitions of terms to align with the definitions provided within State law;
• Prohibiting all commercial marijuana uses and activities;
• Prohibiting personal outdoor marijuana cultivation; and
• Establishing standards for indoor personal marijuana cultivation.
The City has taken a conservative approach by prohibiting all medical marijuana uses
and activities in recent years. The proposed ordinance would extend these prohibitions
to recreational marijuana uses and activities, to the extent allowed under State law. As
cited in the proposed ordinance and previously adopted ordinances, certain uses and
activities related to medical and recreational marijuana have been shown to pose
significant threats to the public health, safety, and welfare due to increased criminal
activity, use of hazardous materials, fire hazards, offensive odors, and other public safety
and nuisance issues.
The Planning Commission considered the proposed ordinance at a public hearing on July
11, 2017, and recommended that the City Council adopt the ordinance as proposed by
staff and the City Attorney's office. During the deliberation, two Planning Commissioners
inquired about the grant programs authorized by Proposition 64 and whether Temple City
would be losing any potential grant revenue by prohibiting outdoor personal cultivation.
While Proposition 64 establishes various grant programs, the grants may be used for
specific limited purposes, primarily related to substance abuse education and treatment,
drug enforcement, and other such programs. It is also not clear at this time whether
Temple City would be eligible to compete for the grants, whether or not outdoor cultivation
is allowed.
City Council
August 1, 2017
Page 4 of 4
STRATEGIC GOALS:
The ordinance furthers the City Strategic Goals of Good Governance, Public Health and
Safety, and Quality of Life. The ordinance is necessary to comply with the AUMA that
allows local jurisdictions to prohibit marijuana uses and activities, and to establish
regulations for personal indoor marijuana cultivation.
FISCAL IMPACT:
Adopting the ordinance would not have any impact on the Fiscal Year 2017-18 City
Budget.
ATTACHMENT:
A. Ordinance No. 17-1025
B. Summary of the Planning Commission Staff Report
C. July 11, 2017 Planning Commission Staff Report and Attachments