2016-01 RESOLUTION NO.2016-01
A RESQLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS RECOMMENDING THAT THE CITY COUNCIL
AMEND TITLE 17 OF THE ROLLTNG HILLS �VIUNICIPAL CODE BY
AMENDING SECTIONS 17.08.050 AND 17.16.Q20 AND ADDING
CHAPTER 17.29 IN ORDER TO IMPOSE AN EXPRESS BAN ON
MEDTCAL iVlARIJCTANA CULTIVATION AND DISPENSARIES
WITHIN THE CITY IN ZONING CASE NO. 899 AND ZONING CODE
AMENDMNET NO. 2016-01.
THE PLAIVNI�iG COMMISSION OF THE CITY O� ROLLING HILLS DOES HEREBY
FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1. Ro�ling Hills Municipal Code ("RHMC") Section 17.08.050 pravides that uses
not specifically permitted in tlae RIIMC are prohibited. Section 17.16.020 provides a list of pernutted
uses and prohibited uses. Commercial uses are not specifically permitted; therefore, they are prohibited.
However, the City has c�etermi.ned that recent developments in State Law regarding the regulatxon of
medical marijuana make it necessary to clarify that uses such as the cultivation and dispensation of
marijuana,are expressly banned in the City of Rolling Hi11s.
Section 2. The proposed ordinance has been reviewed in accordance with the Califortua
Environmental Quality Act, and it has been detertnined that the proposed ordinance would not have a
significant effect on fhe environment.
Section 3. Cha.pter 17.50 of the RHMC sets forth procedures for amending the Zoning
Ordinance. A public hearing before the Planning Cornmzssian is necessary before a recommendation for
a Zoning Code amendment can be ma.de to the City Council. On January 19, 2016 the Planni.ng
Commission held a duly noticed public hearing and accepted public testimony.
5ection 4. The Planning Commission considered the information provided by City staff,
public testimony, and other evidence regarding the proposed ordinance. This Resolution, arFd its
findings, are based upon the evidence presented to the Cornrnission at its January 19, 2016 hearing,
including, without limitation, the staff report submitted and finds that the proposed Zoning Ordinance
amendments cornply with the requirements of the City of Rolling Hilts General Plan, Rolling Hills
Municipal Code and State Planning and Zoning Laws (Government section 65000 et seq.).
Section 5. The Plazu�ing Commission does hereby find and decZare as follows:
A. On October 9, 2015, Governar Brown signed three bills into law—Assembly Bills
266 and 243, and Senate Bill 643 — collectively referr�d to as the Medica.I
iViarijuana Regulation and Safety Act ("MMRSA"). The MMRSA became
effective on Jauuary 1, 20I6 and contains provisions that govern the cultiva�ing,
processing, transporting, testing, and distributing of inedica.� marijuana to
qualified patients.
B. The MMRSA sta.tes that if a city or county has not adopted land use regulations
by March 1, 2016, ta either regu�ate ox ban cultivation of marijuana for medicinal �
Resolution No. 2016-Q1 1
purposes,the State will be the sole anthoriiy that issues cultivation licenses in that
jurisdiction,meani.ng no local license will be required.
C. Commercial medical marijuana activities, as well as culti�ation for personal
medical use as allowed by the Compassionate Use Act and the Medical Maxijuana
Program, can adversely affect tlie health, safety, and well-being of City residents.
Further, as recognized by the Attorney General's August 2008 Guidelines for the
Security and Non-Diversian of Marijuana Grown for Medica.l Use, marijuana
cultivatian ar other concentration of marijuana. in any Iocation or premises
wi�liout adequate security increase� the risk that surrounding homes or businesses
may be negatively impacted by nuisance activity such as loiteririg or crime.
D. The Rolling Hills Municipal Code (RHMC) does not currently expressly and
separately prohibit the cultivation of marijuana within the City, Title 17 has
historically been applied to prohibit or pxeclude these types of activihes. In order
to ensure full local control over regulation af commercial cultivation of marijuana.
for medicinal purposes in the City is preserved, the MMRSA requires the City to
adopt an ordinance expressly regulat�tlg cammercial cultivation by March l, 201fi
to ensure the State is not the sole regulatox of cultivation activities. Additionally,
the NIlVIltSA 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 te� amendments are cansistent with the goals, policies,
and objectives of the General Plan because the proposed ordinance is in the pub�ic
interest and there are community benefits resulting from the regulation of inedical
marijuana.
F. The Zoning Ordinance text amendments promote the health, safety, and welfare
of Rolling Hills' residents anc� serve the goals and purposes of RHMC Title 17 by
ensuring compliance with the Medical Marijuana Regulation and Safety Act.
G. The California Environmenta.l QuaJity Act (CEQA) requires that the
environmental impacts of t�ie action be assessed. The pxoposed amendment will
not in itself result in. any environmenta.l impacts nar will the amendment result in
any changes in the physical conditions that e�i.st in the City. Staff has c�eternuned
the proposed ordiManc� to be Categarically Exempt from the California
Environmental Quality Act(CEQA) Guidelines per § 15461 (b)(3}.
Section 6. The Planning Commission recommends t�.a� �xe City Council adopt the Zoning
Ordinance text amendments as set forth in attached Attachment A,wluch is incorporated by reference.
Section 7. Each and every one of the findings and determinations iri this Resolution axe
based on the competent and substantial evidence, both oral ana written, cantained in the entire record.
The fmdings and determina.tians constitute the independent ��.dings and deternunations o�t�ie Planning
Commission in a11 respects and are fully and complete�y supported by substantial evidence in the record
as a whole.
Resolution No. 2016-0� 2
Section $. 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 fac# from any such
summary is not an indication that a partic�xiar fmding is not based in part on that fact.
Section 3. This Resolution will remain effective until snperseded by a subsequent resolution.
PASSED, APPROVED AND ADOPTED THIS 19th DAY O Y, 2 16
.
L
CHAIRMAl�T
ATTEST:
� �
HEIDI LUCE
CITY CLERK
ResoZntion No. 2016-01 3
�TATE OF CALIFORNTA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the £oregoing Resolution No. 201 b-O 1 entitled:
A RESOLUTION OF THE PLA1�'NING COMMISSYON OF THE CTTY
OF ROLLING HILLS RECOMMENDING THAT THE CITY COUNCIL
AMEND TITLE 17 OF THE ROLLING HILLS MLTNICIPAL CODE BY
AMENDING SECTIONS 17.08.050 AND 17.I6.020 AND ADDING
CHAPTER 17.29 IN ORDER TQ IMPOSE AN EXPRE�S BAN ON
MEDICAL �VIARIJUANA CULTIVATIOI�r AND DISPEI�TSARTES
WITHIN THE CITY IN ZQNING CASE NO. 899 AND ZON�ING CQDE
11MENDMNET NO. 2�16-01.
was approved and adopted at a regular meeting of the Pianning Commission on January 19tg, 2016 by
the following roll call vote:
AYES: Commissioners Cardenas, Gray, Kirkpatrick, Smith and Chairma.n Chelf.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
HEIDI LUCE
CITY CLERK
Resolution No. 2016-01 4
ATTACHMENT A
Amend Title 17 ZONING as follows:
1. Section 17.U8.050 of the Rolling Hills Municipal Code is hereby amended to read as follows:
� Except as provided in this title,no building shall�e erected, reconstructed or
structurally alt�red,nox shaIl any building or Iand be used for any purpase except
as specifically provided for and a.11owed by this title. Any use or structure nat
specifically permitted by this title �hall be prohibited.
B T�he�ultivation��isnensation. and mobile disbensin�of marijua�n_a are ex�resslv
r ' ited in ones f Ci er 'on 17.16. 0 B Cha ter 29 .
ccor ' X,the Citv shall not issue an�nernut. license. or other entitlement for
the cultivation. disnensation and rriobile disnensin�of mariivan .
2. Section 17,16.020 B of the Rolling Hiils Municipal Code is hereby amended by adding
subparagraph 3, 4, a.nd 5 ana shall read as follows:
17.16A20 -Permitted and prohibited uses.
B. The following uses are prohibited in the RA-S zone:
1. It shall be unlawful for any person to offer or make avazlable for rent or to xent
(by way of a rental agreement, lease, license or any other means, whether aral or
written) for compensation a residential dwelling or a room in a dwelling for
occupancy of�ess than thirry days.
2. It shall be u.nlawfixl for any person to occ�py a residential dweZling or a room in a
dwelling far less than thirty days pursuant ta a rental agreement, lease, license or
any other means,whether oral ar written, for compensation.
� Dispensing of Car�abis and G�nn b�s deliverv b� anv mobile mari'tuana
is en , as that term is further defined in section 17 59 010�th t does not
h a fixe orefron which tes solely as a mobile retail outet wliich
�,nsnorts ar delivers. ar arran�es the trans�orta.tion or deFiverv of Ca�n�abis to
a Person, incl ' ;�deliveries made via an technolo�v nlatform owned a�nd
c lled E mo il dical dis en or in end n
'cense the under th dical M i' R� 'on an afe A
whi able sons ' ed atien cllor rim care i rs to e
for or facilitate the commercial transfer of inedical mariiva�na or medic�
i'uan oduc efined in ter 3.5 f alth Safe ode
mav be amended.
4a �mmer i cann ' activiti '_ ludin 'on.possession manufac re
possessin�, storin�. laboratorv testin�. labeiin�. trarisnorting, distribution or
sa�Qf inedical mariivana or medical mariivana.nroducts excent as set forth in
B sine d Pr f ions Co �tion 19319. rela#ed to �ualified natients
�ndlor nrimarv car ivers
Resolution No. 2016-01 5
5. ul�ivati of cann ' r medic 1 i'uana in 1 ' lantin owin
e ' in in radin trimmin or c abis
d d in h r 3.5 of alth an Code ma en
3. Title 17, Chapter 17.29, "Medical Mari�uana Regulation"is herehy added to tha Rolling
Hills Municipal Code to read as follows:
Tile 17
Chapter 17.29 Medical Marijuana Re�ulatio�
Sections:
17.29.010 Defmitions
17.29.020 Prohibition
17.29.030 Exception
17.29.040 Public Nuisance
Sec. 17.29A10 Definitions.
As used in this chapter:
Cannabis, ar Marijuana, shall have the same definition as Health and Safety Code section
11018.
Comrraercial Cannabis Activity means cultivation,possession, manufacture,processing, s�oring,
laboratory testing, labeling,transporting, distribution, or sale of Medical Cannabis ar 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 involvxng the planting, growir.g,har'vesting, drying, curing,
grading, or trimming of Canna�is.
Delivery sha11 include the use by a Dispensary of any technology platform owned and controiXed
by the Dispensary, or indepenaently licensed by the State under the Medical Marijuana
Regulatian and Safe#y Act, which enables Persons, Qualified Patients, andlor Primary Caxegivers
to arrange for or facilitate the commercial transfer of Medical Cannabis or Medical Cannabis
products. The term "Delivery"does not include the distribution af Cannabis from a Mobile
Marijua.na Bispensary.
Daspensary means a facility where Medical Cannabis, Medical Cannabis products, or devices for
the use of Medical Cannabis or Medical Cannabis products are offered, eithex individually or in
any cambina.tion,for retail sale, including an esta.blishment that Delivers Medical Cannabis and
Medical Cannabis products as part of a retail sale.
Medical Cannabis means a product conta.ining Cannabis, including but not limited to,
concentrates and extractions, intended to be sald by Medical Cannabis patients in California
pursuant to Health and �afety Code section 11362.5 and 11362.7.
Reso�ution No. 2016-01 $
Medicad Marfjuana Regulation and Safety Act shail refer to Chapter 3.5 of the California
Business and Professions Code, commencing with secdon 19300, et seq.
Mobfle Mar�uana Dispensaries means any dispensary, cooperative, association, club, business,
collective, operator, or provider that does not have a fixed storefront and which aperates solely
as a mobile retail outlet which transports or Delivers, or arranges the transportation of Delivery,
of Medical Cannabis to a Person.
Per�sora means any individual, firm, corparation, association, c1ub, society, or other axganization.
The tertn Person shall inc�ude any owner, manager,proprietor, employee,volunteer, or
sa�esperson.
Primary Caregiver shall have the same definition as Health and �afety Code section 11362.7, as
may be amanded.
Qualifaed Patiend 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 Hea.lth and
Safety Code section 11362.5. For the purposes of this Article, Qualified Patient sha11 include a
Person with an identification card, as that tertn is defined by Health and Safety Code section
1 Z362.7 et seq.
Sec. 17.29.020 Prohibition.
A. Commercial Ca.nnabis Activities of a11 types are expressly prohibited in all zones within
the City's jurisdictional limits. No Person shall establish, operate, conduct, ar a11ow a
Commercial Cannabis Activity anywhere within the Ci�y.
B. Mobile Marijuana Dispensaries are prohibi#ed in all zones within the City's jurisdictional
limits. No Person shall:
1. Locate, operate, own, suffer, allow to be operated or abide, abet or assist in the
operation of any Mobile Mari�uana DispensaYy within the City;
2. Deliver Marijuana to any Zocation within the City from a Mobile Marijuana
Dispensasy, 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 Zimited to tinctures,
baked goods, or other consumable products, to any location within the City from a
Mobile Marijuana Dispensary,regarc�less of where the Mobi�e Marijuana
Dispensary is located, or engage in any operatzon far this�urpose.
C. Marijuana.culti.va�ian by any person ox entity, including clinics, collectives, cooperatives
and dispensaries, is prohibited in all zones within the City's jurisdictiona.l limits. No
permit, whether conditional or otherwise, shall be issued for the establishment of such
activity. No Person, including a Qua�ified Patient or Primary Caregi�er, shall Cultivate
any amount o£Cannabis in the City, even far medicina.I purposes, except where the City
is preempted by federal or state la�r from enacting a prohibition on such activity.
Sec. 17.29A30 Egception. The Delzvery of inedical cannabis to qualified patients with valid
identif cation cards or a verifiab�e written recommenda.tion from a physician for medical cannabis, and
primary caregivers with a valid identification card outside the premises of the medical cannabis
Resolution No. 2016-01 7
c�ispensazy, is permitted from a Dispensary with a fixed location opera�ing outside of the City. This
exception does not include Deliveries inade by Mobile Marijuana Dispensaries.
Sec. 17.29.040 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 sunutiarily abated by the City
pursuant to Code of Civil Procedure section 731 or any other remedy available to the City.
Resolution No. 2016-01 8