HomeMy WebLinkAbout17-82 - Resolutions - Approval Of Municipal Code Amendment RESOLUTION NO.17-82
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL
OF MUNICIPAL CODE AMENDMENT DRC2017-00725, PROHIBITING ALL
COMMERCIAL CANNABIS ACTIVITY, BOTH MEDICAL AND NON-
MEDICAL, PROHIBITING OUTDOOR CULTIVATION AND ALLOWING
INDOOR CANNABIS CULTIVATION CONSISTENT WITH STATE LAW
A. Recitals.
1. The City of Rancho Cucamonga has prepared Municipal Code Amendment DRC2017-
00725, as described in the title of this Resolution. Hereinafter in this Resolution, the subject
Municipal Code Amendment is referred to as "the application".
2. On September 27, 2017, the Planning Commission of the City of Rancho Cucamonga
conducted a noticed public hearing on the application and concluded said hearing on that date.
3. All legal prerequisites prior to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning
Commission of the City of Rancho Cucamonga as follows:
1. This Commission hereby specifically finds that all of the facts set forth in the Recitals,
Part A, of this Resolution are true and correct.
2. Based upon the substantial evidence presented to the Planning Commission during
the above-referenced public hearing on September 27, 2017, including written and oral staff
reports, together with public testimony, this Commission hereby specifically finds as follows:
a. General Plan Land Use Policy LU-1.1 encourages the protection of
neighborhoods from the encroachment of incompatible activities or land uses that may have a
negative impact on the residential living environment; and
b. By prohibiting commercial cannabis activity and restricting personal cannabis
cultivation to the greatest extent allowed by State law, the City is averting the reported negative
effects of cannabis cultivation activities, including offensive odors, illegal sales and distribution of
cannabis, trespassing, theft, violent robberies and robbery attempts, fire hazards, and problems
associated with mold, fungus and pests.
3. The Planning Department Staff has determined that the project is exempt from the
requirements of the California Environmental Quality Act (CEQA) and the City's CEQA
Guidelines. Pursuant to CEQA Guidelines Section 15061(b)(3), where it can be seen with
certainty that there is no possibility that the project, to prohibit commercial cannabis activity will
have a significant effect on the environment. The project will not result in a permanent alteration
of property nor the construction of any new or expanded structures. Therefore, the project by
itself does not result in any physical changes in the environment. The project is also eligible for
a Class 5 Categorical Exemption for minor changes in land use limitations with an average slope
PLANNING COMMISSION RESOLUTION NO.17-82
MUNICIPAL CODE AMENDMENT DRC2017-00725- CITY OF RANCHO CUCAMONGA
September 27, 2017
Page 2
of less than 20% that do not result in any changes in land use or density. Since the project is
prohibiting all commercial cannabis uses, it will not result in changes in land use or density.
Therefore, this project will not have a significant effect on the environment.
4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above,
this Commission hereby recommends that the City Council approve Municipal Code Amendment
DRC2017-00725 as indicated in Attachment A incorporated herein by this reference.
5. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 27TH DAY OF SEPTEMBER 2017.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY: .{:„4„
Francisco Oaxaca, Chairman
ATTEST: •
CandycjBurnett, Secretary
I, Candyce Burnett, Secretary of the Planning Commission for the City of Rancho Cucamonga,
do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and
adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of
the Planning Commission held on the 27th day of September 2017, by the following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER, MACIAS, MUNOZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: OAXACA, WIMBERLY
ABSTAIN: COMMISSIONERS: NONE
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA,
AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE
PROHIBITING ALL COMMERCIAL CANNABIS ACTIVITY,
BOTH MEDICAL AND NON-MEDICAL, PROHIBITING
OUTDOOR CULTIVATION, AND ALLOWING INDOOR
CANNABIS CULTIVATION CONSISTENT WITH STATE LAW,
AND MAKING FINDINGS IN SUPPORT THEREOF
The City Council of the City of Rancho Cucamonga does ordain as follows:
SECTION 1. The City of Rancho Cucamonga, has prepared Municipal Code
Amendment DRC2017-00725, as described in the title of this Ordinance. Hereinafter in this
Ordinance, the subject Municipal Code Amendment is referred to as "the amendment".
A. The City of Rancho Cucamonga, California (the "City") is a municipal corporation,
duly organized under the constitution and laws of the State of California.
B. Over the years, the City has adopted ordinances pertaining to cannabis to
address municipal options and issues presented by changes in State law. In 2008, Ordinance
No. 793 was adopted to prohibit medical marijuana dispensaries throughout the City.
C. On October 9, 2015, Governor Brown signed Assembly Bill No. 243, Assembly
Bill No. 266, and Senate Bill 643 into law, which were collectively known as the Medical
Cannabis Regulation and Safety Act (hereinafter "MCRSA"). The MCRSA established a State
licensing scheme for commercial medical cannabis uses, while protecting local control by
requiring that all such businesses have a local license or permit to operate in addition to a State
license. The MCRSA allowed the City to completely prohibit commercial medical cannabis
activities.
D. In 2016, Ordinance No. 897 was adopted to prohibit all commercial cannabis
activities in the City, including deliveries and prohibiting all medical marijuana cultivation,
including cultivation for medical use by a qualified patient or primary caregiver.
E. On November 8, 2016, California voters approved the Control, Regulate and Tax
Adult Use of Marijuana Act ("AUMA"). The AUMA added Division 10 to the California Business
and Professions Code, sections 26000, et seq., which grants State agencies the authority to
create, issue, renew, discipline, suspend, or revoke licenses for cannabis businesses. The
AUMA provides that the State shall begin issuing licenses to cannabis businesses under
Division 10 of the California Business and Professions Code by January 1, 2018. California
Business and Professions Code section 26055(e) provides that a State licensing authority shall
not approve an application for a State license for commercial non-medical cannabis activity if
approval of the State license will violate the provisions of any local ordinance.
F. Immediately following the passage of the AMUA, Interim Ordinance No. 900/900-
A was adopted to prohibit all commercial non-medical cannabis activities in the City, prohibiting
outdoor cultivation on private residences and adopting regulations for indoor cultivation.
ATTACH M E NTH°rdinance No. xxx— Page 1 of 11
G. On June 27, 2017, the Governor signed into law Senate Bill 94 which repealed
the MCRSA, included certain provisions of the MCRSA in the licensing provisions of the AUMA,
and created a single regulatory scheme for both medical and non-medical cannabis known as
the Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA"). The
MAUCRSA retains the provisions in the MCRSA and the AUMA that granted local jurisdictions
control over whether commercial cannabis activity can occur in a particular jurisdiction.
Specifically, California Business and Professions Code section 26200 provides that the
MAUCRSA shall not be interpreted to supersede or limit the authority of a local jurisdiction to
adopt and enforce local ordinances that completely prohibit the establishment or operation of
one or more businesses licensed under the State, within that local jurisdiction. Furthermore, the
MAUCRSA provides that a State licensing authority shall not approve an application for a State
license for a business to engage in commercial cannabis activity if approval of the State license
will violate the provisions of any local ordinance or regulation. The MAUCRSA requires that a
State licensing authority begin issuing licenses to marijuana businesses beginning
January 1, 2018. The MAUCRSA also requires that a city provide a copy of its ordinance
regarding commercial cannabis activity to the Bureau of Cannabis Control.
H. On the 27th day of September, 2017, the Planning Commission of the City of
Rancho Cucamonga conducted a noticed public hearing with respect to the amendment and,
following the conclusion thereof, issued Resolution No. 17-82, recommending that the City
Council of the City of Rancho Cucamonga adopt said amendment.
On the 18th day of October, 2017, the City Council of the City of Rancho
Cucamonga conducted a noticed public hearing on the amendment and concluded said hearing
on that date.
J. All legal prerequisites to the adoption of this Ordinance have occurred.
SECTION 2. Based upon the substantial evidence presented to this Council during
the above-referenced public hearing, this Council hereby finds and concludes that the changes
proposed to Title 17 (Development Code) in the amendment are consistent with the general
plan goals, policies and implementation programs. General Plan Policy LU-1.1 encourages the
protection of neighborhoods from the encroachment of incompatible activities or land uses that
may have a negative impact on the residential living environment. By prohibiting commercial
cannabis activity and restricting personal cannabis cultivation to the greatest extent allowed by
State law, the City is averting the reported negative effects of cannabis cultivation activities,
including offensive odors, illegal sales and distribution of cannabis, trespassing, theft, violent
robberies and robbery attempts, fire hazards, and problems associated with mold, fungus and
pests.
SECTION 3. Planning Department Staff has determined that the project is exempt
from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA
Guidelines. Pursuant to CEQA Guidelines Section 15061(b)(3), where it can be seen with
certainty that there is no possibility that the project, to prohibit commercial cannabis activity will
have a significant effect on the environment. The project will not result in a permanent alteration
of property nor the construction of any new or expanded structures. Therefore, the project by
itself does not result in any physical changes in the environment. The project is also eligible for
a Class 5 Categorical Exemption for minor changes in land use limitations with an average
slope of less than 20% that do not result in any changes in land use or density. Since the
Ordinance No. xxx— Page 2 of 11
`4
project is prohibiting all commercial cannabis uses, it will not result in changes in land use or
density and will not have a significant environmental impact.
SECTION 4. Chapter 8.52 (Marijuana Cultivation and Cannabis Commerce) of Title
8 (Health and Safety) of the Rancho Cucamonga Municipal Code is hereby deleted in its
entirety and replaced as follows:
"CHAPTER 8.52 CANNABIS PROHIBITIONS AND REGULATIONS
Section 8.52.010: Definitions.
Section 8.52.020: Prohibited activities.
Section 8.52.030: Exceptions.
Section 8.52.040: Violation, penalty.
8.52.010 Definitions.
For purposes of this chapter, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
"Cannabis" means all parts of the plant Cannabis sativa linnaeus, Cannabis indica, or
Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or
purified, extracted from any part of the plant; and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the
separated resin, whether crude or purified, obtained from cannabis. "Cannabis" includes
cannabis that is used for medical, non-medical, or other purposes. "Cannabis" 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 the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of
the plant which is incapable of germination. "Cannabis" also does not include industrial hemp,
as defined in California Health and Safety Code section 11018.5.
"Cannabis product" means cannabis 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 cannabis or concentrated cannabis and
other ingredients.
"Commercial cannabis activity" means the cultivation, possession, manufacture,
distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery
or sale of cannabis and cannabis product for medical, non-medical, or any other purpose and
includes the activities of any business licensed by the State or other government entity under
Division 10 of the California Business and Professions Code, or any provision of State law that
regulates the licensing of cannabis businesses. Commercial cannabis activity does not include
the cultivation, possession, storage, manufacturing, or transportation of cannabis by a qualified
patient for his or her personal medical use so long as the qualified patient does not provide,
donate, sell or distribute cannabis to any other person. Commercial cannabis activity also does
not include the cultivation, possession, storage, manufacturing, transportation, donation or
provision of cannabis by a primary caregiver, exclusively for the personal medical purposes of
no more than five specified qualified patients for whom he or she is the primary caregiver, but
who does not receive remuneration for these activities except for compensation in full
compliance with California Health and Safety Code section 11362.765.
Ordinance No. xxx— Page 3 of 11
"Concentrated cannabis" means manufactured cannabis that has undergone a process
to concentrate one or more active cannabinoids, thereby increasing the product's potency.
Resin from granular trichomes from a cannabis plant is a concentrate.
"Cultivation" means any activity involving the planting, growing, harvesting, drying,
curing, grading, or trimming of cannabis.
"Delivery" means the commercial transfer of cannabis or cannabis products to a
customer. "Delivery" also includes the use by a retailer of any technology platform owned and
controlled by the retailer.
"Distribution" means the procurement, sale, and transport of cannabis and cannabis
products between entities licensed under Division 10 of the California Business and Professions
Code, as the same may be amended from time to time.
"Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare
a cannabis product.
"MAUCRSA" means the Medicinal and Adult-Use Cannabis Regulation and Safety Act
as codified in Division 10 of the Business and Professions Code, as the same may be amended
from time to time.
"Person" means any natural person, firm, corporation, association, club, society,
partnership, joint venture, limited liability company, sole proprietorship, collective, cooperative,
coop, non-profit, estate, trust, receiver, syndicate, or any other organization, group or entity or
combination of organizations or entities of any kind whatsoever, however formed, as well as
trustees, heirs, executors, administrators, and/or assigns, and shall also include any owner,
operator, manager, proprietor, employee, agent, officer, volunteer, salesperson, trustees, heirs,
executors, administrators and assigns. The term "person" shall also include all persons who
have an ownership or leasehold interest in any real property, premises and/or structures in
which commercial cannabis activity is occurring.
"Primary caregiver" shall have the same meaning as is defined in California Health and
Safety Code section 11362.7(d), as the same may be amended from time to time.
"Qualified patient" means a person who is entitled to the protections of California Health
and Safety Code Section 11362.5, as the same may be amended from time to time.
8.52.020 Prohibited activities.
Subject to the exceptions set forth in Section 8.52.030, the following activities are
prohibited in the City:
A. Commercial cannabis activity, whether or not for profit, is prohibited in the city.
No person shall establish, operate, maintain, conduct, allow, or engage in commercial cannabis
activity anywhere within the City.
B. A property owner shall not rent, lease or otherwise permit any person or business
that engages in commercial cannabis activity to occupy real property in the City. A property
owner shall not allow any person or business to establish, operate, maintain, conduct, or
Ordinance No. xxx— Page 4 of 11
engage in commercial cannabis activity on any real property owned or controlled by that
property owner that is located in the City.
C. Subsection A above shall prohibit all activities for which a State license is
required pursuant to the MAUCRSA, as the same may be amended from time to time.
D. Subject to the exceptions set forth in Section 8.52.030 below, and to the extent
not already prohibited by subsection A above, all deliveries of cannabis or cannabis products, to
or from any location are expressly prohibited. No person shall conduct or perform any delivery
of any cannabis or cannabis products, which delivery either originates or terminates within the
city.
8.52.030 Exceptions.
A. Nothing in this chapter shall prohibit any person from transporting cannabis
through the jurisdictional limits of the City for delivery or distribution to a person located outside
the City, where such transport does not involve delivery or distribution within the jurisdictional
limits of the City.
B. Nothing in this chapter shall prohibit a person 21 years of age or older from
engaging in any activities authorized under California Health and Safety Code section 11362.1.
C. Nothing in this chapter shall prohibit any commercial cannabis activity that the
city is required by State law to permit within its jurisdiction pursuant Business and Professions
Code section 26054(c) and (d), as the same may be amended from time to time, or any other
provision of the MAUCRSA.
8.52.040 Violation, penalty.
In addition to any other enforcement permitted by this Chapter 8.52 of the Rancho
Cucamonga Municipal Code, the city attorney or city prosecutor may bring a civil action for
injunctive relief and civil penalties against any person or entity that violates this chapter. In any
civil action brought pursuant to this article, a court of competent jurisdiction may award
reasonable attorneys' fees and costs to the prevailing party. Notwithstanding the penalties set
forth in Section 1.12.010 of the Rancho Cucamonga Municipal Code, no provision of this
Chapter authorizes a criminal prosecution, arrest or penalty inconsistent with or prohibited by
Health and Safety Code Section 11362.71, et seq. or section 11362.1, et seq., as the same may
be amended from time to time. In the event of any conflict between the penalties enumerated
under Section 1.12.010 of the Rancho Cucamonga Municipal Code and any penalties set forth
in State law, the maximum penalties allowable under State law shall govern."
SECTION 5. Table 17.30.030-1 of Section 17.30.030 (Allowed land uses and
permit requirements) of Chapter 17.30 (Allowed Land Use by Base Zoning District) of Title 17
(Development Code) is hereby amended as follows:
Ordinance No. xxx— Page 5 of 11
TABLE 17.30.030-1: ALLOWED LAND USES AND PERMIT REQUIREMENTS
BY BASE ZONING DISTRICT
Land Use/ VL L LM M MH H MU OP NC GC CC SC RRC CO IP GI MI/HI HI OS HR FC UC
Zoning District
Retail, Service and Office Uses
Dispensary Methea"lar.. na NNNNN N NNNN N NNNNN N NNNNN
Commercial NNNNNNNNNNNN N NNN N NNNNN
Cannabis Activity
SECTION 6. Section 17.32.020(E)(36) is deleted in its entirety:
36. Medical marijuana dispensary. Any facility or location, whether fixed or mobile,
the following as defined in Health and Safety Code §§ 11362.5 and 11362.7 et seq.:
a. A qualified patient;
b. A person with an identification card; or
c. A primary caregiver.
SECTION 7. Section 17.32.020(E) is amended to add the following:
Commercial Cannabis Activity. Any location providing for the cultivation, possession,
manufacture, distribution, processing, storing, laboratory testing, packaging, labeling,
transportation, delivery or sale of cannabis and cannabis product for medical, non-medical, or
any other purpose and includes the activities of any business licensed by the State or other
government entity under Division 10 of the California Business and Professions Code, or any
provision of State law that regulates the licensing of cannabis businesses. Commercial
cannabis activity does not include the cultivation, possession, storage, manufacturing, or
transportation of cannabis by a qualified patient for his or her personal medical use so long as
the qualified patient does not provide, donate, sell or distribute cannabis to any other person.
Commercial cannabis activity also does not include the cultivation, possession, storage,
manufacturing, transportation, donation or provision of cannabis by a primary caregiver,
exclusively for the personal medical purposes of no more than five specified qualified patients
for whom he or she is the primary caregiver, but who does not receive remuneration for these
activities except for compensation in full compliance with California Health and Safety Code
section 11362.765.
SECTION 8. Chapter 17.94 (Medical Marijuana Dispensaries) of Title 17
(Development Code) of the Rancho Cucamonga Municipal Code is deleted in its entirety and
replaced as follows:
"CHAPTER 17.94 COMMERCIAL CANNABIS USES AND CULTIVATION
Section 17.94.010: Purpose.
Section 17.94.020: Prohibited uses.
Section 17.94.030: Indoor cannabis cultivation.
Section 17.94.040: Exceptions.
Section 17.94.040: Violation, penalty.
Ordinance No. xxx— Page 6 of 11
17.94.010 Purpose.
The purpose of this chapter is to regulate commercial cannabis uses, both medical and
non-medical, in a manner that is consistent with the requirements of State law.
17.94.020 Prohibited Uses
A. Commercial cannabis uses are expressly prohibited in all zoning districts, overlay
districts and special planning areas in the City. No person shall establish, operate, maintain,
conduct or allow commercial cannabis uses anywhere within the City. The City shall not
approve any application for a business license, building permit, conditional use permit, variance,
or any other entitlement authorizing the establishment, operation, maintenance, development, or
construction of any commercial cannabis use.
B. Outdoor cannabis cultivation is expressly prohibited everywhere in the City. No
person owning, renting, leasing, occupying or having charge or possession of any parcel shall
cause or allow such parcel to be used for cultivating cannabis outdoors.
C. Indoor cannabis cultivation, including cultivation by a qualified patient and
primary caregiver, is prohibited except in strict compliance with Section 17.94.030.
17.94.030 Indoor cannabis cultivation
It is hereby declared to be a public nuisance for any person owning, leasing, occupying,
or having charge or possession of any real property in the City to cause or allow such real
property to be used for the cultivation of cannabis except in strict compliance with the
requirements set forth below.
A. Cannabis cultivation shall only occur indoors at a private residence, or inside an
accessory structure located upon the grounds of a private residence.
B. The indoor cultivation of seven or more cannabis plants in a private residence is
prohibited. The indoor cultivation of six or fewer cannabis plants in a private residence shall be
permitted to the extent permitted by State law.
C. Only persons (21) years of age or older may cultivate cannabis. Any cannabis
cultivation must comply with the requirements set forth in California Health and Safety Code
sections 11362.1 and 11362.2.
D. Cannabis cultivation is permitted only within fully enclosed and secure structures.
E. No person shall cultivate marijuana in any manner that causes any of the
following conditions:
1. Light, glare, odor, noise, or vibration that is or whose effect is either
detrimental to public health, safety, or welfare or interferes with the reasonable enjoyment of life
or property; or
2. Any violation of Chapter 17.66 of the Development Code.
Ordinance No. xxx— Page 7 of 11
17.94.040 Exceptions.
A. Nothing in this chapter shall prohibit any person from transporting cannabis
through the jurisdictional limits of the city for delivery or distribution to a person located outside
the City, where such transport does not involve delivery or distribution within the jurisdictional
limits of the City.
C. Nothing in this chapter shall prohibit a person 21 years of age or older from
engaging in any activities authorized under California Health and Safety Code section 11362.1.
D. Nothing in this chapter shall prohibit any commercial cannabis activity that the
City is required by State law to permit within its jurisdiction pursuant to Business and Profession
Code section 26054(c) and (d), as the same may be amended from time to time, or any other
provision of the MAUCRSA.
17.94.050 Violation, penalty.
In addition to any other enforcement permitted by this Chapter 17.94 of the Rancho
Cucamonga Municipal Code, the city attorney or city prosecutor may bring a civil action for
injunctive relief and civil penalties against any person or entity that violates this chapter. In any
civil action brought pursuant to this article, a court of competent jurisdiction may award
reasonable attorneys' fees and costs to the prevailing party. Notwithstanding the penalties set
forth in Section 1.12.010 of the Rancho Cucamonga Municipal Code, no provision of this
Chapter authorizes a criminal prosecution, arrest or penalty inconsistent with or prohibited by
Health and Safety Code section 11362.71, et seq. or section 11362.1, et seq., as the same may
be amended from time to time. In the event of any conflict between the penalties enumerated
under Section 1.12.010 of the Rancho Cucamonga Municipal Code and any penalties set forth
in State law, the maximum penalties allowable under State law shall govern."
SECTION 9. Chapter 17.134 (Medical Marijuana Definitions) of Title 17
(Development Code) of the Rancho Cucamonga Municipal Code is hereby deleted in its entirety
and replaced as follows:
"CHAPTER 17.134 CANNABIS DEFINITIONS
Section 17.134.010: Purpose.
Section 17.134.020: Definitions.
17.134.010 Purpose.
The purpose of this chapter is to provide definitions for unique terms used throughout
this title that relate to cannabis.
17.134.010 Definitions.
"Cannabis" means all parts of the plant Cannabis sativa linnaeus, Cannabis indica, or
Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or
purified, extracted from any part of the plant; and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the
separated resin, whether crude or purified, obtained from cannabis. "Cannabis" includes
Ordinance No. xxx— Page 8 of 11
cannabis that is used for medical, non-medical, or other purposes. "Cannabis" 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 the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of
the plant which is incapable of germination. "Cannabis" also does not include industrial hemp,
as defined in California Health and Safety Code section 11018.5.
"Cannabis product" means cannabis 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 cannabis or concentrated cannabis and
other ingredients.
"Commercial cannabis activity" means the cultivation, possession, manufacture,
distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery
or sale of cannabis and cannabis product for medical, non-medical, or any other purpose and
includes the activities of any business licensed by the State or other government entity under
Division 10 of the California Business and Professions Code, or any provision of State law that
regulates the licensing of cannabis businesses. Commercial cannabis activity does not include
the cultivation, possession, storage, manufacturing, or transportation of cannabis by a qualified
patient for his or her personal medical use so long as the qualified patient does not provide,
donate, sell or distribute cannabis to any other person. Commercial cannabis activity also does
not include the cultivation, possession, storage, manufacturing, transportation, donation or
provision of cannabis by a primary caregiver, exclusively for the personal medical purposes of
no more than five specified qualified patients for whom he or she is the primary caregiver, but
who does not receive remuneration for these activities except for compensation in full
compliance with California Health and Safety Code section 11362.765.
"Commercial cannabis use" means the use of any property for commercial cannabis
activity.
"Compassionate Use Act" means the Compassionate Use Act of 1996 (Proposition 215),
codified as California Health and Safety Code Section 11362.5.
"Concentrated cannabis" means manufactured cannabis that has undergone a process
to concentrate one or more active cannabinoids, thereby increasing the product's potency.
Resin from granular trichomes from a cannabis plant is a concentrate.
"Cultivation" means any activity involving the planting, growing, harvesting, drying,
curing, grading, or trimming of cannabis.
"Delivery" means the commercial transfer of cannabis or cannabis products to a
customer. "Delivery" also includes the use by a retailer of any technology platform owned and
controlled by the retailer.
"Distribution" means the procurement, sale, and transport of cannabis and cannabis
products between entities licensed under Division 10 of the California Business and Professions
Code, as the same may be amended from time to time.
"Fully enclosed and secure structure" means a space within a building, greenhouse or
other structure which has a complete roof enclosure supported by connecting walls extending
from the ground to the roof, which is secure against unauthorized entry, provides complete
Ordinance No. xxx— Page 9 of 11
visual screening, and which is accessible only through one or more lockable doors and
inaccessible to minors.
"Indoor" means within a fully enclosed and secure structure.
"Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare
a cannabis product.
"MAUCRSA" means the Medicinal and Adult-Use Cannabis Regulation and Safety Act
as codified in Division 10 of the Business and Professions Code, as the same may be amended
from time to time.
"Medical Marijuana Program" means California Health and Safety Code Sections
11362.7 through 11362.83, as such statutes may be amended from time to time.
"Outdoors" means any location that is not within a fully enclosed and secure structure.
"Person" means any natural person, firm, corporation, association, club, society,
partnership, joint venture, limited liability company, sole proprietorship, collective, cooperative,
coop, non-profit, estate, trust, receiver, syndicate, or any other organization, group or entity or
combination of organizations or entities of any kind whatsoever, however formed, as well as
trustees, heirs, executors, administrators, and/or assigns, and shall also include any owner,
operator, manager, proprietor, employee, agent, officer, volunteer, salesperson, trustees, heirs,
executors, administrators and assigns. The term "person" shall also include all persons who
have an ownership or leasehold interest in any real property, premises and/or structures in
which commercial cannabis activity is occurring.
"Primary caregiver" shall have the same meaning as is defined in California Health and
Safety Code section 11362.7(d), as the same may be amended from time to time.
"Private residence" means a house, an apartment unit, condominium, or other similar
dwelling that is lawfully used as a residence.
"Qualified patient" means a person who is entitled to the protections of California Health
and Safety Code section 11362.5, as the same may be amended from time to time, but who
does not have an identification card.
SECTION 10. The City Council declares that, should any section, subsection,
subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be
invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby
declares that it would have adopted this Ordinance, and each section, subsection, subdivision,
sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more
sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be
declared invalid or unconstitutional.
SECTION 11. Neither the adoption of this Ordinance nor the repeal of any other
Ordinance of this City shall in any manner affect the prosecution for violations of ordinances,
which violations were committed prior to the effective date hereof, nor be construed as a waiver
of any penalty or the penal provisions applicable to any violation thereof.
Ordinance No. xxx— Page 10 of 11
SECTION 12. The City Clerk shall certify to the adoption of this Ordinance and shall
cause it to be published in the manner required by law.
Ordinance No. xxx— Page 11 of 11