HomeMy WebLinkAbout900 - Ordinances - PROHIBITING OUTDOOR MARIJUANA CULTIVATIONORDINANCE NO. 900
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA, CALIFORNIA, PROHIBITING
ALL COMMERCIAL NON-MEDICAL MARIJUANA ACTIVITY IN
THE CITY, PROHIBITING OUTDOOR MARIJUANA
CULTIVATION ON PRIVATE RESIDENCES, AND ADOPTING
REGULATIONS REGARDING INDOOR CULTIVATION IN
PRIVATE RESIDENCES AND DECLARING THE URGENCY
THEREOF
A. Recitals.
1. The Control, Regulate and Tax Adult Use of Marijuana Act ("AUMA") was
approved by the voters on November 8, 2016. The AUMA, among other things, legalizes the
use of non-medical marijuana for those who are 21 years of age or older and establishes a
comprehensive system to regulate commercial non-medical marijuana activity. The provisions
of the AUMA related to the possession, use, and cultivation of non-medical marijuana became
effective on November 9, 2016.
2. The AUMA permits cities to: (1) adopt and enforce local ordinances to regulate
non-medical marijuana businesses, including, but not limited to, local zoning and land use
requirements, business license requirements, and requirements related to reducing exposure to
secondhand smoke, or (2) completely prohibit the establishment or operation of one or more
types of marijuana businesses within its jurisdiction.
3. The AUMA grants State agencies the authority to create, issue, renew, discipline,
suspend, or revoke licenses for marijuana businesses provided that a State licensing authority
shall not approve an application for a State license for commercial non-medical marijuana
activity if approval of the State license will violate the provisions of any local ordinance.
Furthermore, the AUMA requires the State to begin issuing licenses to non-medical marijuana
businesses by January 1, 2018.
4. The AUMA allows for the planting, cultivation, harvesting, drying, and processing
("cultivation activities") of up to six marijuana plants in, or upon the grounds of, a private
residence. The AUMA authorizes a city to enact and enforce an ordinance that reasonably
regulates cultivation activities, and to completely prohibit cultivation activities outdoors upon the
grounds of a private residence unless the California Attorney General determines that non-
medical use of marijuana is lawful in the State under federal law.
5. The Federal Controlled Substances Act, 21 U.S.C. § 801, et seq., classifies
marijuana as a Schedule 1 Drug, which is defined as a drug or other substance that has a high
potential for abuse, that has no currently accepted medical use in treatment in the United
States, and that has not been accepted as safe for use under medical supervision. The Federal
Controlled Substances Act makes it unlawful under Federal law for any person to cultivate,
manufacture, distribute or dispense, or possess with intent to manufacture, distribute, or
dispense marijuana.
6. Cities in California have reported negative effects of marijuana cultivation,
processing, and distribution activities, including offensive odors, illegal sales and distribution of
Ordinance No. 900 — Page 1 of 5
marijuana, trespassing, theft, violent. robberies and robbery attempts, fire hazards, and
problems associated with mold, fungus, and pests. Furthermore, as marijuana plants begin to
flower, and for a period of two months or more, the plants produce a strong, unique odor,
offensive to many people, and detectable far beyond property boundaries if grown outdoors.
This odor can have the effect of encouraging theft by alerting persons to the location of the
valuable plants, and creating a risk of burglary, robbery, or armed robbery of the plants and
creating the potential for violent acts related to such criminal activity.
7. The City has introduced and conducted a second reading of Ordinance No. 897
that prohibits all cannabis (also known as marijuana) cultivation and commercial cannabis uses
in the City. Ordinance No. 897 will go into effect on December 2, 2016. Ordinance No. 897 was
enacted in response to the Medical Cannabis Regulation and Safety Act, which established a
State licensing scheme related to medical cannabis and primarily prohibits medical cannabis
activities.
8. All legal prerequisites to the adoption of this Ordinance have occurred.
B. Ordinance.
NOW, THEREFORE, the City Council hereby ordains as follows:
Section 1. The City Council finds that the facts set forth in the Recitals, Part A, of
this Ordinance are true and correct.
Section 2. Based upon facts found to be true in Section 1 of this Ordinance and all
other information available to the City Council concerning the subject matter of this Ordinance,
the City Council finds that commercial cannabis activities and the unregulated cultivation of
marijuana pursuant to the AUMA in the City before the City has an opportunity to adopt
regulations pursuant to the standard procedures of the City would create a public health and
safety danger. Based on the City's need for additional time to fully evaluate the primary and
secondary effects of the activities to be licensed under the AUMA, the City Council finds that the
immediate preservation of the public health, safety and welfare requires that this interim
Ordinance be enacted as an urgency ordinance pursuant to Government Code Section 65858
and take effect immediately upon adoption, and its urgency is hereby declared.
Section 3. Definitions. Hereinafter in this Ordinance, the following words shall have
the meanings set forth below unless the context otherwise permits or requires:
"AUMA" refers to the Control, Regulate and Tax Adult Use of Marijuana Act.
"Commercial non-medical marijuana activity" shall include the cultivation, possession,
manufacture, distribution, processing, storing, laboratory testing, labeling, transportation,
delivery, or sale of marijuana and marijuana products for non-medical purposes.
"Cultivation" shall include any activity involving the planting, growing, harvesting, drying,
curing, grading, or trimming of marijuana.
"Delivery" shall mean the commercial transfer of marijuana or marijuana products to a
customer. Delivery also includes the use by a retailer of any technology platform owned and
controlled by retailer, or independently licensed under the AUMA that enables customers to
Ordinance No. 900 — Page 2 of 5
arrange for or facilitate the commercial transfer by a State licensed retailer of marijuana or
marijuana products.
"Marijuana" shall include all parts of the plant Cannabis sativa L., 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 does not
include (a) industrial hemp, as defined in Section 11018.5 of the Health and Safety Code; (b)
the weight of any other ingredient combined with marijuana to prepare topical or oral
administrations, food, drink, or other product; and (c) marijuana that is cultivated, processed,
transported, distributed, or sold for medical purposes under Chapter 3.4 of Division 8 of the
Business and Professions Code.
Section 4. Prohibitions and Regulations.
a. Commercial non-medical marijuana activity is expressly prohibited in all zones
and all specific plan areas in the City of Rancho Cucamonga. No person shall establish,
operate, maintain, conduct, or allow commercial non-medical marijuana activity anywhere within
the City. No application for a building permit, conditional use permit, business license, or any
other entitlement authorizing the establishment, operation, maintenance, development, or
construction of any use that allows for commercial non-medical marijuana activity shall be
accepted or approved during the term of the prohibition established in this Ordinance.
b. This Section 4 is intended in part to prohibit all activities for which a State license
is required pursuant to the AUMA. Accordingly, the City shall not issue any permit, license, or
other entitlement for any activity for which a State license is required under the AUMA. The City
shall also not issue any local license to a non-profit pursuant to provisions of Business and
Professions Code section 26070.5.
C. To the extent not already prohibited elsewhere in this Section 4, delivery of
marijuana, marijuana products, or both originating in the City, terminating in the City, or both is
expressly prohibited. No person shall conduct or perform any delivery of any marijuana or
marijuana product, which delivery either originates in the City, terminates in the City, or both.
d. Marijuana shall not be cultivated outdoors upon the grounds of a private
residence. Indoor marijuana cultivation will be allowed only as set forth in State law, which
permits no more than six live marijuana plants to be planted, cultivated, harvested, dried, or
processed within a single private residence or inside a fully enclosed and secured accessory
structure located upon the grounds of a private residence that is fully enclosed and secured. 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 Section 17.64.120 of the Municipal Code.
e. Any marijuana cultivation that exceeds the limits set forth in this Section 4 is
prohibited, is unlawful, and constitutes a public nuisance.
f. Nothing in this Ordinance or its adoption shall be deemed to affect any other
prohibitions or regulations relating to marijuana in the Rancho Cucamonga Municipal Code,
Ordinance No. 900 — Page 3 of 5
including, but not limited to, Ordinance No.. 897, except to the extent that State law allows
cultivation of marijuana consistent with the restrictions set forth in this Ordinance. The City will
not enforce those provisions of Ordinance No. 897 that prohibit the personal indoor cultivation of
up to 6 live marijuana plants in. a manner consistent with State law and subsections d and e
above. Nothing in this Ordinance. shall be deemed to affect or excuse any violation of the
Rancho Cucamonga Municipal Code or of Ordinance No. 897, except as otherwise described in
this Section 4.
g. Nothing in this Ordinance shall be interpreted to the effect that the City's
permissive zoning scheme allows any other use not specifically listed therein.
Section 5. Public Nuisance. Any use. or condition caused, or permitted to exist, in
violation of any provision of this Ordinance 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 by any other remedy available to the City.
Section 6. Penalty. Violation of any provision of this Ordinance shall constitute a
misdemeanor and shall be punishable by a fine not to exceed one thousand dollars ($1,000) or
by imprisonment for a period not to exceed six (6) months, or by both such fine and
imprisonment. Each and every day such a violation exists shall constitute a separate and
distinct violation of this Ordinance.
Section 7. Civil Penalties. In addition to any other enforcement permitted by this
Ordinance, the City Attorney may bring a civil action for injunctive relief and civil penalties
against any person or entity that violates this Interim Ordinance. In any civil action brought
pursuant to this Interim Ordinance, a court of competent jurisdiction may award reasonable
attorneys' fees and costs to the prevailing party.
Section 8. ICEQA. It can be seen with certainty that there is no possibility that the
adoption of the Interim Ordinance may have a significant effect on the environment because the
Interim Ordinance will only impose greater and temporary limitations on marijuana -related uses
allowed in the City, and will thereby serve to prevent potentially significant adverse
environmental impacts. The City Council has reviewed staff's determination of exemption and
based on its own independent judgment, concurs in staff's determination that the Interim
Ordinance is exempt .from CEQA. The adoption of the Interim Ordinance is therefore not
subject to the California Environmental Quality Act review pursuant to Title 14, Chapter 3,
Section 15061(b)(3) of the California Code of Regulations.
Section 9. Severability. If any section, subsection, subdivision, sentence, clause,
phrase or portion of this Ordinance, is for any reason, 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 10. Term. This Ordinance is adopted as an urgency, interim ordinance and
shall take effect immediately. This Ordinance shall expire, and the prohibition established
hereby shall terminate, 45 days after the date of adoption unless extended by the City Council
pursuant to California Government Code Section 65858.
Section 11. The City Clerk shall certify to the adoption of this Ordinance.
Ordinance No. 900 — Page 4 of 5
PASSED, APPROVED, AND ADOPTED this 16th day of November 2016.
AYES: Alexander, Kennedy, Spagnolo, Williams
NOES: None
ABSENT: Michael
ABSTAINED: None
�'l C
L. Dennis Michae
ATTEST:
eoice C. Reynolds, City Jerk
I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing urgency Ordinance was adopted at a Regular
Meeting of the Council of the City of Rancho Cucamonga held on the 16th day of November
2016.
Executed this 17th day of November 2016, at Rancho Cucamonga, California.
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J nice C. Reynolds, CiN Clerk
Ordinance No. 900 — Page 5 of 5