Item 7 Attachment A ORDINANCE NO. 2017-355 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CALABASAS, CALIFORNIA, AMENDING CHAPTER 8.13 AND SECTION 17.12.125 OF THE CALABASAS MUNICIPAL CODE BY: 1) EXPANDING THE PROHIBITION OF MARIJUANA DISPENSARIES TO ALSO PROHIBIT ANY FORM OF MARIJUANA COMMERCE, TRADE OR INDUSTRY, INCLUDING BUT NOT LIMITED TO: COMMERCIAL CULTIVATION, PRODUCTION, PROCESSING, PACKAGING, WAREHOUSING, WHOLESALE DISTRIBUTION, SHIPPING OR DELIVERY SERVICES, CLINICAL TESTING, AND ANY OTHER BUSINESS RELATED TO MARIJUANA OR ANY MARIJUANA DERIVATIVE, WHETHER RECREATIONAL OR MEDICAL; 2) ESTABLISHING AN EXCEPTION TO THE PROHIBITIONS THEREIN TO ALLOW INSIDE A PRIVATE RESIDENCE OR ACCESSORY STRUCTURE, WHICH IS FULLY ENCLOSED AND SECURE, THE PRIVATE NON-COMMERCIAL CULTIVATION OF NOT GREATER THAN SIX MARIJUANA PLANTS, AND THE ASSOCIATED NON- COMMERCIAL PROCESSING AND USE OF MARIJUANA AND MARIJUANA PRODUCTS AS SPECIFIED IN THE STATE LAW, AND UPDATING PERSONAL USE CULTIVATION STANDARDS ACCORDINGLY; 3) REVISING THE MARIJUANA DELIVERY OR TRANSPORT PROHIBITION BY CREATING AN EXCEPTION FOR THE LAWFUL DELIVERY OR TRANSPORT OF MARIJUANA AND/OR MARIJUANA PRODUCTS TO PERSONS OR ENTITIES WITHIN THE CITY VIA PUBLIC ROADS BY PERSONS OR FIRMS LICENSED TO DO SO UNDER STATE LAW; AND, 4) UPDATING DEFINITIONS OF TERMS TO ALIGN WITH THE DEFINITIONS PROVIDED WITHIN THE STATE LAW. WHEREAS, on January 27, 2010, the City Council adopted Ordinance No. 2010-265 prohibiting medical marijuana dispensaries in the City via section 17.12.125 of the Land Use Development Code, and subsequently on September 14, 2011 the City Council adopted Ordinance No. 2011-285 amending Section 17.12.125 of the Land Use and Development Code to include provisions regarding medical marijuana required by California Health & Safety Code sections 11362.5 and 11362.7 through 11362.83; and, WHEREAS, on January 27, 2016, the City Council adopted Ordinance No. 2016-332, amending Title 8 of the Municipal Code to add a new chapter (8.13) prohibiting marijuana cultivation, marijuana dispensaries, and delivery of marijuana; and,
WHEREAS, on November 8, 2016, the voters of the State of California passed and approved Proposition 64, which added or amended sections 11018, 11362.1, 11362.2, 11362.3, 11362.4, and 11362.45 in the California Health & Safety Code to legalize and regulate in the State of California the possession, use, and cultivation of marijuana for recreational (non-medical) purposes, with such new and amended statutes taking effect January 1, 2017; and, WHEREAS, Section 11362.2(b) of the California Health & Safety Code allows a city to enact and enforce reasonable regulations to reasonably regulate the possession, cultivation and use of marijuana or marijuana products within the local jurisdiction, where such local regulation does not completely prohibit the possession, planting, cultivation, harvesting, drying, or processing of not more than six living marijuana plants and possessing the marijuana produced by such plants when such activity occurs within a person s own private residence; and, WHEREAS, Section 11362.2(b) of the California Health & Safety Code further allows a city to enact and enforce regulations to prohibit the possession, planting, cultivation, harvesting, drying, or processing of marijuana plants, and possessing the marijuana produced by such plants, regardless of the number of plants, when such activity occurs outdoors or otherwise outside of a fully enclosed and secure structure at a person s own private residence; and, WHEREAS, the proposed Development Code Amendment establishes regulations concerning the possession, cultivation and use of marijuana consistent with California Health & Safety Code Sections 11362.1, 11362.2, 11362.3, 11362.4, and 11362.45; and, WHEREAS, following a public hearing on April 27, 2017, the Planning Commission considered the entire record and recommended approval of the proposed Development Code Amendment via passage of Planning Commission Resolution No. 2017-647; and, WHEREAS, it remains in the best interest and general welfare of the citizens of Calabasas to minimize potential safety threats to the community by continuing to prohibit within the city any activity or enterprise involving marijuana or marijuana products which remain illegal under Federal law and which are not expressly identified in California law as being legal; 2
NOW THERFORE, THE CITY COUNCIL OF THE CITY OF CALABASAS DOES ORDAIN AS FOLLOWS: SECTION 1. CODE AMENDMENT. Chapter 8.13 within Title 8 of the Calabasas Municipal Code is hereby re-written in its entirety, as follows: CHAPTER 8.13 CULTIVATION AND USE OF MARIJUANA Section 8.13.010: Purpose. The purpose of this chapter is to protect the general health, safety and welfare of the community by establishing reasonable standards and limitations regarding the cultivation, processing, distribution and use of marijuana and marijuana products commensurate with state and federal law, to include Proposition 64 as passed and approved by the voters of California on November 8, 2016, and Proposition 215 as passed and approved by the voters of California on November 5, 1996. This section is to be read in conjunction with Section 17.12.125 of this Code. Section 8.13.020: Definitions. A. "Delivery" means the commercial delivery, transfer or transport, or arranging for the delivery, transfer or transport, or the use of any technology platform to arrange for or facilitate the commercial delivery, transfer or transport of marijuana or marijuana products to or from any location within the city. For purposes of this chapter, "delivery" shall not include the transportation of marijuana by a primary caregiver to a qualified patient consistent with a physician recommendation for medicinal use of marijuana. B. "Marijuana" is defined as the term is defined in California Health and Safety Code section 11018 as that section may be amended from time to time. C. "Marijuana Cultivation" or "Cultivation" means the planting, growing, harvesting, drying or processing of marijuana plants or any part thereof, and any and all associated business or operational activities. D. Marijuana Products is defined as the term is defined in California Health and Safety Code section 11018.1 as that section may be amended from time to time. E. "Primary caregiver" is defined as that term is defined in California Health and Safety Code section 11362.7, subdivision (d), as that section may be amended from time to time. F. "Qualified patient" means a seriously ill person who obtains a written recommendation from a physician licensed to practice medicine in the state of California to use marijuana for personal medical purposes. In addition, persons currently under the care of a physician for a "serious medical condition" as that term is defined in California Health and Safety Code section 11362.7, subdivision (h), are presumed to be "qualified patients." 3
8.13.030 -- Prohibited activities involving marijuana or marijuana products. The following activities involving marijuana or marijuana products are prohibited and may not be conducted anywhere in the city: A. The cultivation, processing, warehousing, packaging, or distribution of marijuana or any marijuana product or derivative for commercial purposes, to include marijuana dispensaries or commercial marijuana businesses of any kind, whether providing marijuana for medical or recreational purposes; B. The cultivation, processing, warehousing, packaging, or distribution of marijuana or any marijuana product or derivative for personal non-commercial medical or recreational purposes in a manner which conflicts with the land use limitations set out in CMC section 17.12.125, or which conflicts with any parameter or limitation established in California Health and Safety Code sections 11362.1 et. Seq.; C. Delivery or transport of marijuana or of any marijuana product or derivative to any location in the city for medical or recreational purposes in quantities exceeding established maximum limits, or in any manner which fails to comply with the parameters and limits set out in California Business and Professions Code sections 26080 and 26090; D. Any other facility, business, or activity involving the manufacture, cultivation, processing, packaging, storage or warehousing, distribution or delivery of drugs or other substances which it is illegal to distribute or possess under state or federal law. 8.13.040 Exceptions. A. Possession or cultivation of marijuana on private residential property strictly for the personal use and benefit of one or more residents on the property, where the marijuana cultivation and related activities are non-commercial and occur entirely within the confines of a fully enclosed and secure primary dwelling unit, or within a fully enclosed and secure accessory structure thereto, in compliance with section 17.12.125 of Title 17 of this code and compliant with the limits and requirements established under California Health and Safety Code Sections 11362.1, 11362.2, 11362.3, 11362.4, and 11362.45 and any other applicable state laws. B. Delivery or transport of marijuana within the city by a person or entity licensed to provide such transport or delivery service by the California Department of Consumer Affairs and by the California Bureau of Marijuana Control, where such delivery service is accomplished via public roadways, does not originate from a location within the City, and conforms to the parameters and limitations established by California Health and Safety Code sections 26080 and 26090 and any other applicable state laws. C. Possession or cultivation of marijuana or marijuana products for personal medical use by a qualified patient, consistent with a physician's 4
recommendation, and conducted by the qualified patient or his or her primary caregiver in accordance with the parameters and limitations set out in sections 11362.5 and sections 11362.7 through 11362.83 of the California Health and Safety Code and any other applicable state laws. D. The personal use or cultivation of marijuana or marijuana products as allowed under sub-sections A and C in this section shall be conducted within a fully enclosed and secure structure which does not permit visual or olfactory evidence of cultivation detectable from the public right-of-way, and shall not: 1. Displace any space used for required on-site parking of a motor vehicle. 2. Utilize lighting that exceeds one thousand two hundred (1,200) watts. 3. Utilize an electric generator. 4. Utilize gas products including, but not limited to, carbon dioxide, butane, or flammable gas. 8.13.050 -- Limits to Criminal Liabilities. No conduct which is protected from criminal liability pursuant to the Control, Regulate and Tax Adult Use of Marijuana Act (California Health and Safety Code, 11362.1, 11362.2, 11362.3, 11362.4, and 11362.45), the Compassionate Use Act (Health and Safety Code, 11362.5) and the Medical Marijuana Program Act (Health and Safety Code, 11362.7 through 11362.83) shall be made criminal by this Code. Conduct or uses which violate the requirements of this section are a nuisance, and shall be subject to noncriminal remedies, including, but not limited to, administrative citations and abatement. SECTION 2. CODE AMENDMENT. Section 17.12.125 within Chapter 17.12 of Title 17 of the Calabasas Municipal Code is hereby re-written in its entirety, as follows: 17.12.125 Marijuana based land uses and activities. This section is to be read in conjunction with Chapter 8.13 of this Code. A. Allowed Uses. The private cultivation, processing, or use of marijuana (as defined in Title 8) for personal use, is allowed as an accessory and ancillary use in all residential zones, and is exempt from permitting, provided that such use or activity: 1. Is conducted for personal non-commercial purposes only by a legal residential occupant aged 21 years or older; 2. Is accomplished entirely within a fully enclosed and secure structure that is either a legally established primary dwelling or a legally established accessory structure on the residential property; 3. Involves the cultivation of not more than six (6) individual living marijuana plants or the possession, processing or use of marijuana obtained from not more than six (6) individual marijuana plants; and, 4. Is accomplished in a manner fully consistent with the limitations established under California Health and Safety Code sections 11362.1, 5
11362.2, 11362.3, 11362.4 and 11362.45 and any other applicable state laws. B. Prohibited Uses. Any land use, facility or activity which involves cultivation, manufacture, processing, packaging, warehousing, distribution, transport, or any other commercial activity or business related to marijuana or any marijuana product or derivative, whether for medical or recreational uses, and which is not expressly allowed under Section 17.12.125.A, above, is prohibited as a land use or as an accessory use and may not be conducted in any zone, including, but not limited to, the following: 1. Marijuana dispensaries, cooperatives, or any other marijuana-related businesses or commercial activity of any kind, whether for medical or recreational uses. 2. Any land use, facility or activity which involves cultivation, manufacture, processing, packaging, warehousing, distribution, transport, or any other commercial activity or business related to any drug or substance other than marijuana which is illegal to distribute or possess under state or federal law. SECTION 3. SEVERABILITY. Should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Ordinance shall remain in full force and effect and, to that end, the provisions hereof are declared to be severable. SECTION 4. CONSTRUCTION. The City Council intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. To the extent the provisions of the Calabasas Municipal Code as amended by this Ordinance are substantially the same as the provisions of that Code as it read prior to the adoption of this Ordinance, those amended provisions shall be construed as continuations of the earlier provisions and not as new enactments. SECTION 4. ENVIRONMENTAL DETERMINATION. The City Council determines that the following findings reflect the independent judgment of the City Council. The City Council finds that this amendment to the Municipal Code is exempt from California Environmental Quality Act (CEQA). The City Council has considered all of the evidence in the record, including the staff reports, the testimony received during the public hearing on the 6
matter held by the City Council, and hereby determines that that the text amendments will not have a significant effect on the environment. This Ordinance is therefore exempt from California Environmental Quality Act review pursuant to Title 14, Section 15061 (b)(3) of the California Code of Regulations. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect thirty days after its adoption pursuant to California Government Code section 36937. SECTION 6. CERTIFICATION. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. PASSED, APPROVED AND ADOPTED this day of June, 2017. ATTEST: Mary Sue Maurer, Mayor Maricela Hernandez, MMC City Clerk APPROVED AS TO FORM: Scott Howard, City Attorney Colantuono Highsmith & Whatley 7