HomeMy Public PortalAboutOrdinance 17-1025 Amending the Zoning Code of Temple City Pertaining to the Regulation of MarijuanaORDINANCE N0. 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
IG. 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
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 I
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 15`h day of August, 2017.
CynWa Sternquist,
Ordinance No. 17-1025
Page 4 of 4
ATTEST:
02-� K,,,
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 15' day of August, 2017, and was duly passed, approved
and adopted by said Council at the regular meeting held on 15th day of August, 2017 by
the following vote:
AYES: Councilmember — Chavez, Fish, Yu, Man, Sternquist
NOES: Councilmember — None
ABSENT: Councilmember — None
ABSTAIN: Councilmember — None
Peggy K6o'CMy Clerk
11
' EXHIBIT 96
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 10 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.
I
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 complies 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. Any person who cultivates marijuana for personal use shall reside full-time
on the premises where the marijuana cultivation occurs.
h. The private residence shall not be used primarily for marijuana cultivation.
i. A renter seeking to cultivate marijuana shall have written consent from the
property owner.
j. 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.
k. Marijuana cultivation lighting shall not exceed a total of 1,200 watts for the
cultivation area within the private residence.
I. The indoor use of generators and/or the indoor use of gas products,
including, without limitation, carbon dioxide (CO2), butane, propane, and
natural gas shall be prohibited for the cultivation of marijuana.
m. Marijuana cultivation shall not be conducted in such a manner as to emit
detrimental odor outside of the private residence.
n. Marijuana cultivation shall require proper ventilation to prevent mold
damage and to prevent marijuana odors or particles from being a public
nuisance.
o. Marijuana cultivation shall not be hazardous due to use or storage of
materials, processes, and products or wastes.
p. Marijuana cultivation shall not create dust, glare, heat, noise, smoke,
traffic, vibration, or other impacts deemed a public nuisance.
q. 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.
' r. Marijuana cultivation activities, including marijuana plants and equipment,
shall not be allowed on balconies, patios, porches, and the like.
s. Marijuana cultivation activities, including marijuana plants and equipment, I 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.