CITY OF LOMITA PLANNING COMMISSION REPORT

CITY OF LOMITA PLANNING COMMISSION REPORT TO: Planning Commission January 11, 2016 FROM: SUBJECT: Alicia Velasco, Principal Planner Zone Text Amendment 2016-01(Marijuana Prohibition) PROJECT DESCRIPTION A City-initiated text amendment to the Lomita Municipal Code adding Part 9 to Chapter 1 of Title XI of the Lomita Municipal Code, as well as Proposed Amendments to Sections 11-1.15.03, 11-1.15.13, 11-1.41.02, 11-1.45.02, 11-1.48.02, 11-1.49.02, and 11-1.52.02, to prohibit the Cultivation, Delivery and Dispensing of Medical Marijuana. RECOMMENDATION Staff recommends that the Planning Commission adopt a resolution recommending City Council approval of Zone Text Amendment No. 2016-01. BACKGROUND In 1996, the voters of the State of California approved Proposition 215, entitled the Compassionate Use Act, the intent of which was to enable persons who are in need of medical marijuana to use it without fear of prosecution under limited, specified circumstances. In 2004, the Legislature enacted Senate Bill 420 (referred to as the Medical Marijuana Program) to clarify the scope of Proposition 215 and to provide qualifying patients and primary caregivers who cultivate marijuana with a limited defense to certain specified State criminal statutes. Assembly Bills 2650 (2010) and 1300 (2011) amended the Medical Marijuana Program to expressly recognize the authority of counties and cities to [a]dopt local ordinances that regulate the location, operation, or establishment of a medical marijuana cooperative or collective and to civilly and criminally enforce such ordinances. In 2013, in City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc. 1, the California Supreme Court held that [n]othing in the [Compassionate Use Act] or the [Medical Marijuana Program] expressly or impliedly limits the inherent authority of a local jurisdiction, by its own ordinances, to regulate the use of its land. Additionally, in Maral v. City of Live Oak 2, the Court of Appeal affirmed the ability of local government entities to prohibit the cultivation of marijuana under its land-use authority, holding that there is no right and certainly no constitutional right to cultivate medical marijuana. 1 56 Cal.4 th 729 2 221 Cal.App.4 th 975

Planning Commission: January 11, 2015 ZTA:2016-01 Page 2 On October 9, 2015, Governor Brown signed three bills into law Assembly Bills 266 and 243, and Senate Bill 643 collectively referred to as the Medical Marijuana Regulation and Safety Act ( MMRSA ). Prior to the passage of the MMRSA, State law provided no legal mechanism for commercial cultivation of marijuana for medicinal purposes and Federal law prohibited all cultivation of marijuana. Until the MMRSA was passed, cultivation of marijuana for medicinal purposes in California was restricted to individual qualified patients or their primary care givers for non-commercial purposes and limited to personal quantities. The MMRSA becomes effective on January 1, 2016 and contains provisions that govern the cultivating, processing, transporting, testing, and distributing of medical marijuana to qualified patients. The MMRSA also contains new statutory provisions that: Set up a dual licensing scheme which requires dispensaries and cultivators to obtain a local license prior to requesting and obtaining a license from the State; no dispensary or cultivation activity may lawfully operate without both a State and local license. Allow the City to completely prohibit the delivery of marijuana by requiring a local government that wishes to prevent marijuana delivery activity 3 from operating within the local government s boundaries to enact an ordinance affirmatively banning such delivery activity (see Business & Professions Code 19340(a)). Preserves the ability of a qualified patient and/or primary caregiver to cultivate for personal, non-commercial purposes, sets new limits on such cultivation, and excepts such personal cultivation from State cultivation licensing requirements. Furthermore, the MMRSA allows local governments to enact ordinances expressing their intent to prohibit the cultivation of marijuana and their intent not to administer a conditional permit program for the cultivation of marijuana (see Health & Safety Code 11362.777(c)(4)). Expressly provide that the MMRSA does not supersede or limit local law enforcement activity, enforcement of local ordinances, or enforcement of local permit or licensing requirements regarding marijuana (see Bus. & Prof. Code 19315(a)). Expressly provide that the MMRSA does not limit the authority or remedies of a local government under any provision of law regarding marijuana, including but not limited to local governments right to make and enforce within its limits all police regulations not in conflict with general laws (see Bus. & Prof. Code 19316(c)). The MMRSA, however, also states that if a city or county has not adopted land use regulations by March 1, 2016, to either regulate or ban cultivation of marijuana for medicinal purposes, the State will be the sole authority that issues cultivation licenses in that jurisdiction, meaning no local license will be required. Specifically, Health & Safety Code 11362.777(a)(4) states: If a city, county, or city and county does not have land use regulations or ordinances regulating or prohibiting the cultivation of marijuana, either expressly or otherwise under principles of permissive zoning, or chooses not to administer a conditional permit program pursuant to this section, then commencing March 1, 2016, the division shall be the sole licensing authority for medical marijuana cultivation applicants in that city, county, or city and county. Commercial medical marijuana activities, as well as cultivation for personal medical use as allowed by the Compassionate Use Act and the Medical Marijuana Program, can adversely affect 3 As defined in Business and Professions Code 19300.5(m)

Planning Commission: January 11, 2015 ZTA:2016-01 Page 3 the health, safety, and well-being of City residents. Further, as recognized by the Attorney General s August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, marijuana cultivation or other concentration 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. The limited immunity from specified State marijuana laws provided by the Compassionate Use Act and Medical Marijuana Program does not confer a land use right or the right to create or maintain a public nuisance. SUMMARY OF PROPOSED REVISIONS Until now, the City s land use regulations were not required to expressly prohibit commercial cultivation of medicinal marijuana because it was not legal pursuant to State or Federal law and because such commercial cultivation is not recognized as a specifically allowed use in the City s land use districts. Prior to the effective date of this ordinance, the cultivation, processing and distribution of medical marijuana in the City is prohibited to the extent such activities are prohibited by the Federal Controlled Substances Act, or other law. Title XI of the Lomita Municipal Code (the City s Zoning Ordinance) expressly provides that uses which are not specifically permitted are prohibited. As medical marijuana dispensaries are not permitted by right or with a conditional use permit, they are prohibited. Because the Lomita Municipal Code does not currently expressly and separately prohibit the cultivation of marijuana or the delivery of marijuana within the City of Lomita, Chapter 1 of Title XI has historically been applied to prohibit or preclude these types of activities. In order to ensure full local control over regulation of commercial cultivation of marijuana for medicinal purposes in the City is preserved, the MMRSA requires the City to adopt an express commercial cultivation ordinance by March 1, 2016 to ensure the State is not the sole regulator of cultivation activities. Additionally, the MMRSA also contains language that requires delivery services to be expressly prohibited by local ordinance, if the City wishes to do so. Attached to this staff report is a proposed addition of Part 9 to Chapter 1 of Title XI, as well as proposed amendments to sections 11-1.15.03, 11-1.15.13, 11-1.42.02, 11-1.45.02, 11-1.48.02, 11-1.49.02 and 11-1.51.02, to prohibit the cultivation, delivery and mobile dispensing of marijuana in all zones throughout the City. Alternatively, as opposed to an outright ban, the City may consider regulating medical marijuana deliveries, cultivation and dispensation. For instance, the City may elect to permit cultivation entirely; prohibit only commercial cultivation; or prohibit only personal cultivation. Additionally, the City may wish to allow and regulate the delivery of medical marijuana. For example, such a regulation may permit deliveries to be conducted only within City limits and among City patients and dispensaries. Lastly, the City may choose to allow dispensaries to operate within the City pursuant to the procurement of a State and City license; regulation of dispensaries may include limitations as to the proximity, number and location of such operations. The proposed resolution attached to this report is but one option the City may consider with regard to the regulation of medical marijuana. If adopted, the ordinance will: Add a definition for the terms collective and cultivation, and amend the definition of medical marijuana dispensary, to reflect the newly updated definitions of these terms provided by the MMRSA;

Planning Commission: January 11, 2015 ZTA:2016-01 Page 4 Prohibit the cultivation of marijuana in all zones within the City by expressly listing cultivation as a non-permitted use; Add Article 83 to Part 9 of Title XI ( Zoning ) of the Lomita Municipal Code to extensively regulate the delivery, cultivation and dispensing of marijuana within the City. Specifically, Article 83 will: o Prohibit mobile marijuana dispensaries 4 from operating within the City; o Expressly prohibit deliveries of marijuana both within the City, as well as deliveries to and from the City; o Expressly prohibit the cultivation of marijuana for commercial and noncommercial purposes by any person (including qualified patients and primary caregivers) anywhere in the City; and o Regard any violation of the ordinance to be a nuisance subject to summary abatement, and/or administrative citation, among other enforcement remedies Environmental Determination In accordance with Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines, adoption of this ordinance is exempt in that it can be seen with certainty that there is no possibility that the ordinance may have a significant effect on the environment. The adoption of the proposed ordinance is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. The adoption of the proposed ordinance does not have such potential as it is prohibiting uses from development. Therefore, staff has determined that there is no substantial evidence that the project may have a significant effect on the environment. Public Notice Notices of this hearing dated December 29, 2015 were published in the Daily Breeze Newspaper, and posted at City Hall, the Lomita Library, and at Lomita Park. As of the date this staff report was prepared, staff has not received any correspondence either for or against the proposed project. Recommended by: Gary Y. Sugano Assistant City Manager Prepared by: AliciaVelasco Alicia Velasco Principal Planner 4 The MMRSA identifies a new business model for the distribution of marijuana: mobile dispensaries. Mobile dispensaries involve the commercial transportation of medical marijuana to qualified patients or caregivers by a dispensary or via any technology platform, which may be independently licensed or owned by the dispensary. According to the provisions of the MMRSA, mobile dispensaries must be expressly identified and banned in order to be prohibited.

Planning Commission: January 11, 2015 ZTA:2016-01 Page 5 Exhibits: A. Resolution B. Notice of Exemption

RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LOMITA RECOMMENDING CITY COUNCIL ADOPT AN ORDINANCE PROHIBITING CULTIVATION, DELIVERY AND MOBILE DISPENSING OF MEDICAL MARIJUANA BY AMENDING LOMITA MUNICIPAL CODE SECTION 11-1.15.03 TO ADD DEFINITIONS FOR COLLECTIVE AND CULTIVATION; AMENDING LOMITA MUNICIPAL CODE SECTION 11-1.15.13 TO EXPAND THE DEFNITION OF MEDICAL MARIJUANA DISPENSARY; AMENDING SECTIONS 11-1.41.02, 11-1.45.02, 11-1.48.02, 11-1.49.02, AND 11-1.51.02 TO INCLUDE A PROHIBITION ON CULTIVATION OF MEDICAL MARIJUANA AS A SIMILAR USE; AND ADDING PART 9 TO CHAPTER 1 OF TITLE XI OF THE LOMITA MUNICIPAL CODE TO EXPRESSLY PROHIBIT ALL COMMERCIAL MEDICAL MARIJUANA USES IN THE CITY AND PROHIBITING CULTIVATION FOR MEDICAL USE BY QUALIFIED PATIENTS OR PRIMARY CAREGIVERS THE PLANNING COMMISSION OF THE CITY OF LOMITA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Recitals A. The City filed the project application Zone Text Amendment 2016-01 with the Planning Department to expressly prohibit all commercial medical marijuana uses in the City and prohibit cultivation for medical use by qualified patients and primary caregivers by amending sections 11-1.15.03, 11-1.15.13, 11-1.41.02, 11-1.45.02, 11-1.48.02, 11-1.49.02, and 11-1.51.02; and adding Part 9 to Chapter 1 of Title XI of the Lomita Municipal Code (the Project); B. The Project was reviewed by the City s Planning Department for consistency with the General Plan and conformity with the Lomita Municipal Code, among other things; C. The Project has been reviewed in accordance with the California Environmental Quality Act, and it has been determined that the proposed project would not have a significant effect on the environment. D. On January 11, 2016, the Planning Commission held a duly noticed public hearing and accepted public testimony. E. The Planning Commission considered the information provided by City staff, public testimony and other evidence regarding the Project. This Resolution, and its findings, are based upon the evidence presented to the Commission at its January 11, 2016 hearing, including, without limitation, the staff report submitted by the Planning finds that the Developer agrees with the necessity of, and accepts all elements, require Department. Section 2. The Planning Commission does hereby find and declare as follows: A. On October 9, 2015, Governor Brown signed three bills into law Assembly Bills 266 and 243, and Senate Bill 643 collectively referred to as the Medical Marijuana Regulation and Safety Act ( MMRSA ). The MMRSA becomes effective on January 1, 2016 and contains

Resolution No. Page 2 provisions that govern the cultivating, processing, transporting, testing, and distributing of medical marijuana to qualified patients. B. The MMRSA, however, also states that if a city or county has not adopted land use regulations by March 1, 2016, to either regulate or ban cultivation of marijuana for medicinal purposes, the State will be the sole authority that issues cultivation licenses in that jurisdiction, meaning no local license will be required. C. Commercial medical marijuana activities, as well as cultivation for personal medical use as allowed by the Compassionate Use Act and the Medical Marijuana Program, can adversely affect the health, safety, and well-being of City residents. Further, as recognized by the Attorney General s August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, marijuana cultivation or other concentration 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. D. The Lomita Municipal Code (LMC) does not currently expressly and separately prohibit the cultivation of marijuana or the delivery of marijuana within the City. In order to ensure full local control over regulation of commercial cultivation of marijuana for medicinal purposes in the City is preserved, the MMRSA requires the City to adopt an express commercial cultivation ordinance by March 1, 2016 to ensure the State is not the sole regulator of cultivation activities. Additionally, the MMRSA also contains language that requires delivery services to be expressly prohibited by local ordinance, if the City wishes to do so. E. The Zoning Ordinance text amendments are consistent with the goals, policies, and objectives of the General Plan because the Project is in the public interest and there are community benefits resulting from the regulation of medical marijuana. F. The Zoning Ordinance text amendments promote the health, safety, and welfare of Lomita residents and serve the goals and purposes of LMC Title XI by ensuring compliance with the Medical Marijuana Regulation and Safety Act. G. The California Environmental Quality Act (CEQA) requires that the environmental impacts of the action be assessed. The proposed amendment will not in itself result in any environmental impacts nor will the amendment result in any changes in the physical conditions that exist in the City. Staff has determined the project to be Categorically Exempt from the California Environmental Quality Act (CEQA) Guidelines per 15061 (b)(3). Section 3. The Planning Commission recommends that the City Council adopt the Zoning Ordinance text amendments as set forth in Attachment A, which is incorporated by reference. Section 4. Each and every one of the findings and determinations in this Resolution are based on the competent and substantial evidence, both oral and written, contained in the entire record. The findings and determinations constitute the independent findings and determinations of the Planning Commission in all respects and are fully and completely supported by substantial evidence in the record as a whole. Section 5. The Planning Commission s analysis and evaluation of the Project is based on the best information currently available. It is inevitable that in evaluating a project that absolute and

Resolution No. Page 3 perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the Planning Commission s lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are the limitations on the City's ability to solve what are in effect regional, state, and national problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework. Section 6. All summaries of information in the findings, which precede this section, are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact. Section 7. The Secretary is directed to transmit the Resolution to the City Clerk for scheduling the matter for consideration by the City Council. Section 8. This Resolution will remain effective until superseded by a subsequent resolution. PASSED and ADOPTED by the Planning Commission of the City of Lomita on this 11 th day of January 2016 by the following vote: AYES: NOES: Commissioners: Commissioners: ABSENT: Commissioners: Jacob Hoy, Chair ATTEST: Gary Y. Sugano Assistant City Manager Any action to challenge the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in Code of Civil Procedure Section 1094.6.

ORDINANCE NO. 2016- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOMITA, AMENDING LOMITA MUNICIPAL CODE SECTION 11-1.15.03 TO ADD DEFINITIONS FOR COLLECTIVE AND CULTIVATION; AMENDING LOMITA MUNICIPAL CODE SECTION 11-1.15.13 TO EXPAND THE DEFNITION OF MEDICAL MARIJUANA DISPENSARY; AMENDING SECTIONS 11-1.41.02, 11-1.45.02, 11-1.48.02, 11-1.49.02, AND 11-1.51.02 TO INCLUDE A PROHIBITION ON CULTIVATION OF MEDICAL MARIJUANA AS A SIMILAR USE; AND ADDING PART 9 TO CHAPTER 1 OF TITLE XI OF THE LOMITA MUNICIPAL CODE TO EXPRESSLY PROHIBIT ALL COMMERCIAL MEDICAL MARIJUANA USES IN THE CITY AND PROHIBITING CULTIVATION FOR MEDICAL USE BY QUALIFIED PATIENTS OR PRIMARY CAREGIVERS. THE CITY COUNCIL OF THE CITY OF LOMITA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 11-1.15.03, of the Lomita Municipal Code is amended to read as follows: Collective means any association, affiliation, or establishment jointly owned and operated by its members that facilitate the collaborative efforts of qualified patients and primary caregivers, as described in the Attorney General Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, issued by the Attorney General s Office in August 2008, as amended from time to time, which sets regulations intended to ensure the security and non-diversion of marijuana grown for medical use by qualified patients or primary caregivers. Cultivation means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana. Section 2. Section 11-1.15.13, of the Lomita Municipal Code is amended to read as follows: Medical marijuana dispensary means any association, cooperative, club, co-op, delivery service, collective, and any other similar use that distributes, dispenses, stores, sells, exchanges, processes, delivers, cultivates, makes available, transmits and/or gives away marijuana in the city involved in the sale, possession, cultivation, use, and/or distribution of marijuana for medicinal purposes in accordance with Health and Safety Code 11362.5 and 11362.7 et seq. Section 3. Section 11-1.41.02, subsection (4), of the Lomita Municipal Code is amended to read as follows: (4) Medical clinics, including laboratories and prescription pharmacies in conjunction therewith, not including medical marijuana dispensaries or cultivation. Section 4. Section 11-1.45.02, subsections (13) and (14), of the Lomita Municipal Code are amended to read as follows: (13) Horticultural nurseries, including the growing of nursery stock, but not including medical marijuana dispensaries or cultivation. Attachment A

(14) Laboratories, medical or dental, not including medical marijuana dispensaries or cultivation. Section 5. Section 11-1.48.02, subsection (12), of the Lomita Municipal Code is amended to read as follows: (12) Drug stores, not including medical marijuana dispensaries or cultivation. Section 6. Section 11-1.49.02, subsections (11) and (37), of the Lomita Municipal Code are amended to read as follows: (11) Drug stores, not including medical marijuana dispensaries or cultivation. (37) Tobacconists, not including medical marijuana dispensaries or cultivation. Section 7. Section 11-1.51.02, subsection (C), of the Lomita Municipal Code is amended to read as follows: (1) Crops, trees, bush, berry and row, including nursery stock, not including medical marijuana dispensaries or cultivation. (2) Greenhouses, not including medical marijuana dispensaries or cultivation. Section 8. Part 9 is added to Chapter 1 of Title XI of the Lomita Municipal Code as follows: TITLE XI Chapter 1 ZONING PART 9. REGULATION OF MEDICAL MARIJUANA Article 83. Medical Marijuana Dispensaries, Delivery and Cultivation Sections: 11-1.83.01 Definitions. 11-1.83.02 Prohibition. 11-1.83.03 Violations. 11-1.83.04 Public nuisance. Sec. 11-1.83.01. - Definitions. As used in this Article: Cannabis, or Marijuana, shall have the same definition as Health and Safety Code section 11018. City means the City of Lomita, California.

Commercial Cannabis Activity means cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution, or sale of Medical Cannabis or a Medical Cannabis product, except as set forth in Business and Professions Code Section 19319, related to Qualifying Patients and Primary Caregivers. Cultivation means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of Cannabis. Delivery shall include the use by a Dispensary of any technology platform owned and controlled by the Dispensary, or independently licensed by the State under the Medical Marijuana Regulation and Safety Act, which enables Persons, Qualified Patients, and/or Primary Caregivers to arrange for or facilitate the commercial transfer of Medical Cannabis or Medical Cannabis products. Dispensary means a facility where Medical Cannabis, Medical Cannabis products, or devices for the use of Medical Cannabis or Medical Cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that Delivers Medical Cannabis and Medical Cannabis products as part of a retail sale. Medical Cannabis means a product containing Cannabis, including but not limited to, concentrates and extractions, intended to be sold by Medical Cannabis patients in California pursuant to Health and Safety Code section 11362.5 and 11362.7. Medical Marijuana Regulation and Safety Act shall refer to Chapter 3.5 of the California Business and Professions Code, commencing with section 19300, et seq. Mobile Marijuana Dispensaries means any Dispensary, clinic, cooperative, association, club, business or group which transports or Delivers, or arranges the transportation or Delivery, of Medical Cannabis to a Person. Person means any individual, firm, corporation, association, club, society, or other organization. The term Person shall include any owner, manager, proprietor, employee, volunteer, or salesperson. Primary Caregiver shall have the same definition as Health and Safety Code section 11362.7, as may be amended. Qualified Patient shall have the same definition as Health and Safety Code section 3362.7, as may be amended, and which means a Person who is entitled to the protections of Health and Safety Code section 11362.5. For the purposes of this Article, Qualified Patient shall include a Person with an identification card, as that term is defined by Health and Safety Code section 11362.7 et seq. Sec. 11-1.83.02. - Prohibition. A. Commercial Cannabis Activities of all types are expressly prohibited in all zones and all specific plan areas in the City. No Person shall establish, operate, conduct, or allow a Commercial Cannabis Activity anywhere within the City.

B. Mobile Marijuana Dispensaries are prohibited within the City. No Person shall: 1. Locate, operate, own, suffer, allow to be operated or abide, abet or assist in the operation of any Mobile Marijuana Dispensary within the City; 2. Deliver Marijuana to any location within the City from a Mobile Marijuana Dispensary, regardless of where the Mobile Marijuana Dispensary is located, or engage in any operation for this purpose; or 3. Deliver any Medical Cannabis product, including, but not limited to tinctures, baked goods, or other consumable products, to any location within the City from a Mobile Marijuana Dispensary, regardless of where the Mobile Marijuana Dispensary is located, or engage in any operation for this purpose. C. This section is meant to prohibit all activities for which a State license is required. Accordingly, the City shall not issue any permit, license or other entitlement for any activity for which a State license is required under the Medical Marijuana Regulation and Safety Act. D. Marijuana cultivation by any person or entity, including clinics, collectives, cooperatives and dispensaries, is prohibited in all zones within the City s jurisdictional limits. No permit, whether conditional or otherwise, shall be issued for the establishment of such activity. No Person, including a Qualified Patient or Primary Caregiver, shall Cultivate any amount of Cannabis in the City, even for medicinal purposes, except where the City is preempted by federal or state law from enacting a prohibition on such activity. Sec. 11-1.83.03. - Violations. In addition to any other remedy available under law, violations of this Article are subject to the administrative citations and penalties provisions in title 1, chapter 5 of this Code. Sec. 11-1.83.04. - Public Nuisance. Any use or condition caused, or permitted to exist, in violation of any provision of this Article shall be, and hereby is declared to be, a public nuisance and may be summarily abated by the City pursuant to Code of Civil Procedure section 731 or any other remedy available to the City. Section 9. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences or clauses or phrases be declared invalid or unconstitutional. Section 10. This Ordinance was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines (the Guidelines), and the environmental regulations of the City. The City Council hereby finds that under Section 15061(b)(3) of the State CEQA Guidelines, this Ordinance is exempt from the requirements of CEQA because it can be seen with certainty that the provisions contained herein would not have the potential for causing a significant effect on the environment.

Section 11. The ordinance shall take effect thirty days after the date of its passage. Section 12. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law. PASSED, APPROVED AND ADOPTED this day of, 2016. MAYOR ATTEST: CITY CLERK

Community Development Department Planning Division 24300 Narbonne Avenue Lomita, CA 90717 310/325-7110 FAX 310/325-4024 NOTICE OF EXEMPTION Project Description: Zone Text Amendment No. 2016-01, a City-initiated text amendment to the Lomita Municipal Code adding Part 9 to Chapter 1 of Title XI of the Lomita Municipal Code, as well as Proposed Amendments to Sections 11-1.15.03, 11-1.15.13, 11-1.41.02, 11-1.45.02, 11-1.48.02, 11-1.49.02, and 11-1.52.02, to prohibit the Cultivation, Delivery and Dispensing of Medical Marijuana. Finding: The Planning Division of the Community Development Department of the City of Lomita has reviewed the above proposed project and found it to be exempt from the provisions of the California Environmental Quality Act (CEQA). x Ministerial Project Categorical Exemption (CEQA Guidelines, Section) Statutory Exemption Emergency Project Quick Disapproval [CEQA Guidelines, Section 15270] No Possibility of Significant Effect [CEQA Guidelines, Section 15061(b)(3)] Supporting Reasons: In accordance with Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines, adoption of this ordinance is exempt in that it can be seen with certainty that there is no possibility that the ordinance may have a significant effect on the environment. The adoption of the proposed ordinance is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. The adoption of the proposed ordinance does not have such potential as it is prohibiting uses from development. Therefore, staff has determined that there is no substantial evidence that the project may have a significant effect on the environment. (Date) Alicia Velasco Principal Planner \\lomchsrv2\shared\community development\planning\alicia\2016\marijuana\noe_zta 2016-01.doc