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2017-17 RE50LUTION NO. 2017-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS RECOMMENDING THAT THE CITY COUNCIL AMEND SECTIONS 17A8.050 AND 17.16.�2Q AND ADD A NEW CHAPTER 17.29 TO TIT`LE 17 OF THE ROLLING � HILLS MUNICIPAL CODE IN ORDER TO PROHIBIT COMMERCIAL (MEDICAL AND NON-MEDICAL} MARIJUANA ACTIVTTIES, ALLOW FOR THE DELIVERY OF MEDICAL MARIJUANA, AND TO REGULATE THE CULTIVATION OF MARINANA FOR PERSONAL USE WITHIN THE CITY. The Planning Commission of the City of Rolling Hills does f nd, order and resolve as follaws: Section 1. Cornmercial rnarijuana activities, including cornmercial cultivadon, can adversely affec#the health, safety and general welfare of the public. Section 2. Rolling Hills Municipal Code ("RHMC") Section 17.48.Q50 provides that uses not specifically permitted in�lie RHMC are prohibited. Section 17.16.024 provides a list of permitted uses and prahibited uses. Camme�cial uses are not specifically permitted; therefore, they are prohibited. However, the City has determined that recent developments in State Law regarding the regulation of marijuana. make it necessary to clarify that uses such as the cammercial cultivation and dispensing of marijuana are expressly banned in the City of Rolling Ha.11s, while other activities such as delivery af rnedical marijuana to patients, outdoor persona.l cultivation and indoor personal cultivation are permitted. Section 3. The Planning Commission does hereby find as follaws: A. On Octaber 9, 2015, Governor Brown signed Assembly Bi11243,Assemb�y Bi11266, and Sena.te Bi11643 into Xaw, which was collectively known as the Medical Marijuana Regulation and Safety Act(MMRSA). The MMRSA established a state �icensing scherne for comm�rcial medical cannabis uses,while protecting locai cantr�l by requiring that all such b�sinesses have a local license ar permit to operate in addition to a state license. The MMRSA allowed tb.e City to cozxxpletely prohibit commercial medical cannabis activities. B. On Navember $, 2016, California voters approved the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA). The AUMA added Division 10 ta the California Business and Professions Code, sections 26004, et seq., whic� 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 �y 7anuary 1, 2018. California Business and Professions Code section 26055(e) provides that a sta.te licensing authority shall not approve an ap�lication for a state license for commercial non-medical car�abis actavity if approval of�lie state license will violate the provisions of ariy local ordinance. C. �n June 27, 2017, the Governor signed into law Senate Bill 94, which created a single regulatory scheme �or both medical and nonmedical cannabis known as the Medicinal and Adult-Use Cannabis Regulation and Safety Act {MAUCRSA). SB 94 created one regulatory structure for medical and nonmedical cannabis use and commercial cannabis activities. The MAUCRSA retains the provisions in the MMRSA and the AUMA that granted local jurisdictions control over whether carnmercial cannabis activity could occur in a particular jurisdiction. Specifically, California Business .� and Professions Code sectxon 26200 pravides that the MAUCRSA shall not be interpreted to supersede or limit the autl�ority of a local juri.sdic�ion to adopt and enforce local ordinances that campletely prohibit the establishxnent or operation of one or rnore businesses licensed under the sta.te, within that local jurisdiction. Furthermore, the MAUCRSA provides that a state licensing authority sha11 not apprave an application for a state license for a business to engage in commercial cannabis activity if appraval of the state license will violate the provisions of any lacal ordinance or regulation. The AUMA and MAUCRSA require that a state licensing authority begin issuing licenses to rnarijuana businesses beginning January 1, 2018. D. Commercia.T maxijua.na activities can adversely affect the health, safety, and well-being o� City residents. Resolution No. 2017-17 i E. The Rolling Hills Municipal Code (RHMC) does nat currently expressly and separately regulate the corrunercial marijuana activities within the City. In order to ensure full local control over regulatian of commercial marijt�ana activities in the City is preserved, the AUMA and MAUCRSA encourage the City to adopt an ordinance expressly regulat�ng corr�nercial marijuana activities, if the City wishes to do so. F. The Zoning Ordinance te�� amendments are consistent with the goals, policies, and objectives of the General Plan because the proposed ardinance is in the public interest and there are commu�ity benefits resulting from the regulation of marijuana. Section 4. The Cali�arnia En�ironmental Quality Act (CEQA} requires that the environmental impacts of the action be assessed. This project 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 Ciry. The Planning Commission hereby finds that under Section 15061{b}(3) of the State CEQA Guidelines, this project is exempt from the requirements of CEQA because it can be seen with certainty that the provisions contained herein would not ha�e the potential for causing a significant effect on the environment. No possibility eXists that the proposed zone teXt amendment would have a significant effect on the environment. This ordinance prohibits uses that are curirently not allowed in the City but due changes in state law, is expected to proliferate throughout the state in areas where local agencies permit the uses. So this ordinance c�arifies an existing ban to cover new cannabis rela#ed ac#ivities and uses that are now permitted through recent changes in state law. This ordinance continues tl�e sta.tus quo and will not result in changes to the enviranment. To the extent that state law allows personal cultivation of cannabis Iimited to six plants,this ordinance irnposes reasonable restrictions to make sure the activity is done in a safe manner and cornplies with Titles 8, 15 and 17 of tlae Rolling Hills Municipal Code. As a result, i�his ordinance will nat result in changes to the environment. Section 5. Based on the faregoing, the Planning Cammission of the City of Rolling Hills hereby recommends that the City Council approve Zoning Text Amendment No. 2017-02. Section b. Section i7.08.050 of Chapter 17.08 of Title 17 of the Rolling Hills Municipal Code is amended to read as follows: 17.08.050 -Zoning compliance required. A. Except as provided in this title, no building shall be erected, reconstructed or structurally altered, nor shall any building or land be used for any purpose except as specifically provided for and allowed by this title. Any use or structure not specifically permitted by this title sha11 be prohibited. B. The commercial cultivation, dispensation, and rnobile dispensing af marijuana are expressly prohibited in all zones of the City (as set out in Section 17.16.020 B and Chapter 17.29}. Accordingl�, the City sha11 not issue any permit, license, ar other entitlement for the commercial cultivation, dispensation, and rnabile dispensing of marijuana. Sectian 7. Section 17.16.020(B) of Chapter 17.16 of Title 17 af the Rolling Hills Municipal Code is amended by adding new subparagraphs 3 and 4 to read as follows: 1'1.16.020—Permitted and prohibited uses. B. The following uses are prohibited ir�the RA-S zone: 3. Dispensing of Cannabis and non-medicinal Cazuiabis delivery by any mobile marijuana dispensary (as those terms are defined in section 17.29.020). 4. Commercial caiu�abis activity, (as those terms are defined in section 17.29.020}. Notwithstanding the foregoing, this section does not apply to the delivery of inedical marijuana to Qualified Pataents or their Primary Caregivers, as those terms are defined in 17.29.020. Section $. A new Chapter 17.29, "Mari�uana.Prohibitians and Regulafions" is added to Title 17 of the Rolling Hill�Municipal Code to read as follows: Resolution No. 20l 7-17 2 Marijuana Regulations Title 17 Chapter 17.29 Marijuana Prohibitions and Regulations Sections: 17.29.010 Purpose. 17.29.020 Definitions. 17.29.030 Prohibited uses and activities. 17.29.040 Exceptions. 17.29A5Q Pe�rsonal marijuana Cultivation—conditions. 17.29.060 Public nu�sance. Sechion 1.7.29.0i0 Purpase. The purpose of this Chapter is to expressly prahibit the establishment of commercial cannabis uses in the City. 'The City Council fmds that prohibitions on cozx�z�nercial cannabis activity are necessary for the preservation and protection of the public healtl�, safety and welfare of the City. The prohibition of such uses is witl�in the authority conferred upon the City Council by state law and is an exercise of its police powers to enact and enfarce regulataons for the public health, safety and welfaze of the City. This Cha.pter is also intended to apply reasona.ble regulations to personal indoor or outdoor cultiva�ion as authorized under state law arid to a11ow delivery of inedical marijuana to individuals in the city that may be unable to trave� to locations outside the city to obtain the marijuana. Nothing in this chapter shall be interpreted to conflict with state law, incXuding without limitation the Compassionate Use Act, the Control, Regulate, and Tax Adult Use of Marijuana Act {ALTMA} and the MAUCRSA, as may be amended. Sectian 1.7.29.020 Definitio�ns. As used in this chapter: Cannabis, or Marijuana, shall mean all parts of the plant Caann.abis 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, ar prepa�ratio� of�lie plant, its seeds or resin. "CannabislMarijuana" also means the sepaTated resin, whether crude or purified, obtained from cannabis. "Cannabis/Marijuat�a" also includes cannabis that is used for medical, nan-medical, or other purposes. However, "Cannabis/Marijuana" does not include the rnature stalks of the plant, fiber producec� from tkae stalks, oil or cake rnade from the seeds of the plant, any other compound, x�r�anufactut�e, salt, derivative, mi�ure or preparation of the mature stalks {except the resin extracted therefram), fiber, oil, or cake, or the sterilized seed o�tk�e p�az�t wk�ich is incapable of gernunation. "CannabislMarijuana" also does not include industrial hemp, as defined in California Health and Safety Code section 11018.5. Cannabis Accessories rneans any equipment, products or materials of any kind which are intended for use, or designated for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, canverting, praducing, processing, preparing, testing, analyzing, packaging, repacka.ging, storing, smoking, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing cannabis or cannabis products into the human body. Cannabis Product means cannabis that ha.s undergane a process whereby the plant material has been transformed into a concentrate, xncluding, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrafed cannabis and other ingredients. Commercial Cannahis Activfty means cultivatFon, manufachue, processing, storing, laboratory testing, packaging, labeling, transporting, distribution, or sale a�canna.bis ar a 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 Prafessions Code, ox any provision of State law that regulates the licensing of cannabis businesses. Concentrated Cannabis means manufactured cannabis that has undergone a pracess to concentrate ane or moxe active cannabinoids, thereby increasing the product's potency. Resin Resolution No. 2017-17 3 Marijuana Regulations from granular trichomes from a cannabis plant is a concentrate. Cultivation means any activity invol�ing the planting, growing, harvesting, drying, curing, grading, or trimrr�ing of cannabis. Delivery rrieans the commercial� transfer of cannabis or cannabis products to a customer. "Delivery" alsa includes the use by a retailer of any technology platform owned and controlled by the retailer. The term "delivery" does not include the distribution of cannabis from a mobile marijuana dispensary. Detached accessoty structure shall mean a building completely detached from a residence that complies with the California Bi.�ilding Code and has a complete roof enclosure supparted by connecting wa11s extending from the graund ta the roof, a foundation, slab or equivalent base to which the floor is secured by bolts or similar attachments, is secure against unauthorized entry, and is accessible only through one or more lockable doors. Directar rneans#h�Planning Director or hislher designee. Distributaon 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 they rnay be arnended from time to time. Manufacture means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product. MAUCRSA meaxAs 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. Mobile Murijuana Dispensaraes rr�eans any dispensary, cooperative, association, club, business, collective, operator, or provider that does not have a fixed storefront and which operates solely as a mobile retail outlet which transports or delivers, ar arranges the transportation or delivery, of cannabis to a person. Person means any individual, firm, partnership, joint venture, association, corparation, limited liability company, esta.te, trust, business trust, receiver, syndicate, or an� other group or combination acting as a unit, and the plural as weil as the singular. Personal Marijuuna Cultivation means Cultivation of six or fewer live Cannabis plants within a single private residence, fully enclosed accessory structure or small outdoor area in accordance with Health& Sa�ety Code § 11362.2. Primary Caregiver shall have the same definition as Health and Safety Code section 11362.7, as may be amended and which means a Person who takes care of a Qualified Patient, as defined. below. Private Residence means a house or other similar dwelling that is lawfully used as a residence. Qualified Patient sha11 have the same definition as Health and Safety Code section 11362.7, as may be arnended, and which means a Person who is entitled to the protections of Health and Safety Code section 113b2.5. For the purposes of this Article, Qualified Patient shall include a Person with an identificatian card, as that term is defined by Health and Safety Code section 11362.7 et seq. Section 17.29.030 Prohibited uses and activities. A. Commercial cannabis acfiivity, whether or not for profit, is prohibited in aIl zones, specific plan areas, and overlay zones of the City. No person shalt estab�ish, operate, ma.inta.in, conduct, allow, or engage in commercial cannabis ac�ivity anywhere within the City. B. A property owner shall not rent, lease, or atherwise pertnit any person or business that engages in commercial cannabis actavity ta occupy real property in the City. A property Resolution No. 2017-17 � Marijuana Regulations owner shall not a11ow any person ar business to establish, operate, maintain, conduct, or 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 proPubit all activities for which a State license is required pursuant to the MAUCRSA, as the same may be amended from time to time. Accoxdingly, fhe City shall not issue any permit, license or otlier entitlement for any act�vity £ar which a State license is required under the MAUCRSA, as the sam� may be amended from time to time. The City sha11 also not issue any local lXcense for any activity - �� for which a state license is required under the MAUCRSA to a non�profit entity pursuant to California Busi�ess and Professions Code section 26070.5. D. To the extent nat already prohibifed by Subsection A, above, a11 deliveries of cannabis or cannabis products for non-medicinal pur�aases, to or from any location are expressly prohibited. No person shall conduct or perform any delivery af any cannabis or cannabis products for a non-medical purpose, which delivery either originates or texzninates witlain the City. Th�s subsection shall not prohibit any person from transporting cannabis thro�gh the jurisdictionallimits of fhe City fo:r delivezy or distribution to a person located outside the City, where such transport does not involve delivery or distribution within the jurfsdictional limits of the City. This subsection shall a�so not prohibit a delivery of cannabis ar cannabis produ�ts for medicinal purposes as set forth in Section 17.29.040.A. Section 17.29.040 Exce�tions. A. Notwithstanding Section 17.29.030, above, the delivery of inedical. catmabzs ta Qualified Patients with va.lid identi.ficatian cards or a verifiable written recommenda.tion from a physician for medical cannabis, and Primary Caregivers with a valid identification card, is pernutted from a c�ispensary (licensed under the FvIAUCRSA) with a fixed location operating outside of the City or a Primary Caregiver cultivating v�ithin the bounc�aries of the City. This exception does not include deliveries made by mobile marijuana dispensaries, as the term is defi�tzed an Section 17.29.010. B. To the extent that the fallowing actavxt�es are permitted by State law, nothing in this Chapter shall prohibit a person 21 years of age or o�dex from: 1. Possessing, processing, purchasing, transporting, obtaining or giving away to persons 21 years of age or older, without compensation wha.tsoever,nat more tlaan 28.5 gxams of cannabis not in the form of concentrated cannabis; 2. Possessing, processing, purchasing, transporting, obtair�ing or giving away to petsons 2� years of age ar older, without compensation whatsoever, up to 8 grams of cannabxs in the�orm of cancentrated cannabis; 3. Smoking or ingesting cannabis or cannabis products excep# as prohibited by California Health and Safety Code section 11362.3; 4. Possessing, transporting, purchasing, obtaining, using, manufacturing, or giving away cannabis accessories to persons 21 years of age or older without compensation whatsoever; or S. Engaging in the personal cultivation, indoar ar outdoar, af six or fewer live cannabis plants pursuant to the requiremen#s outlined in Section 17.29.050 of this Cha.�ter. C. Any commercial cannabis activity that the City is required by state law to perrnit within its jurisdiction sha11 not be prohibited by the pravisions of this Chapter. - �- D. A Qualified Patient or Primary Caregivex, who cultivates, possesses, stores, manufactures, or transports cannabis exclusively for his or her persanal medical use, or the personal use of the Caregiver's Qualified Patient, but who does not provide, donate, setl, or distribute cannabis to any other person is not therehy engaged in Commercial Cannabis Activity. Nothing in this Chapter sl�ail be interpreted to prohibit a Qualif ed Patient or Primaxy Caregiver from using, possessing, purchasing, abtain�ng, cultivating or receiving delivery of cannabis £or medicinal purposes as allowed under state law. Sec7ion 17.29.050 Personal 14�Iarijuana Cultivation—conditions. Non-commercia.l cultivatian of small amounts of marijuana for persanal use is only permitted in Resalution No. 2017-17 5 Marijuana Regulations the Residential Agriculture-Suburban (RA-S) zones when all of the following conditions and standards are met: A. Generally. 1. Property. Personal Marijua�na Cul�vation is permitted only on parcels developed with a residential unit. A person engaging in Personal Marijuana cultivation shall not participate in marijuana cultivation in more than one location within the City. Marijuana cultivation activities rnay only occur within a residential unit, garage, fully-enclosed detached accessory structure or fully fenced and lockable outdoar area. If in the garage, adequate space sha11 be pravided in the garage for the required number of parking spaces,pursuant to Section 17.16.160(B) of the Zflning Ordinance. 2. Visibilaty. There shall be no exterior evidence of ar visibility of marijuan.a cultivation from any street, public easement, designated trail or neighboring property. 3. Security. Any structure or outdoor area used for personal marijuana cultivation shall be secured with locks to prevent unauthorized entry andlor theft and sha11 rema.in secure at all times. 4. Code Compliance. The personal Marijuana cultivation area shall not a.dversely affect the health or safety of the nearby residents by creating dust, glare, excessive light, heat, noise, noxiaus gases, odors, smake, traffic, vibration, or other impacts, and shall no� be hazardous due to the use of starage of materials, processes, products or waste. The cultivation site shall be in full compliance with the City building code, electrical cade, rnechanical code, plumbing code, fire code, zoning code and any other applicable raquirement found in Title 8, Title 15 and Title 17 of the Rolling Hills Municipal Code. 5. Number of plants. Cultivation (indoar or outdoor) shal� not exceed a cumula�ive total of six(6) living marijuana plants of any size per parcel. The maximum numb�r of plants sha11 be limited regardless of the number of Qualified Patients ar P�mary Caregivers residing an the property. 6. Cultivation area. Marijuana cultivation may only occur within a cumulative area totaling no larger than 100 square feet per parcel. 7. Electricity use. The collective draw from all electrical appliances at the Personal marijuana cultivation site shall not exceed the maximum rating of tl�e approved electrical panel for the primary legal residence at the marijuana cultivation site. Gas products (including, without limitation, CO2, butane, propane, and natural gas} or generators sha11 not be used for the cultivation of marijuana. Any lighting fix#ure used for indoor marijuana cultivation shall not exceed the rated wa�tage and capacity of the circuit breaker and shall be shielded so as to completely confine light and glare to the interior of the pri�ate residence or fully-enclosed detached accessory structure. 8. Yentidataon. Any indooz locatian used for personal marijuana cultivation must have a ventilation and filtration systern installed that sha11 pre�ent marijuana plant odors frorn exiting the interior of the structure and shall comply with all applicable building code regulations. Persanal Marijuana cultivation sha11 not create humidity or mold within the private residence or fully-enclosed deta.ched accessory structure in violation of Title S ar 15 of this Code. 9. hesidential structure. The residential unit on the parcel where Personal Marijuana Cultivation occurs shall, at a11 times, maintain a kitchen, bathroom, and primary bedroom(s) for their intended purpose, and shall not be used for marijuana cultivation where such cultivatior� will prevent their primary use for cooking of ineals, sleeping, and bathing. 10. Accessory structut-e. A fully-enclosed detached accessory structure, as defi�ned herein, sha11 be Iocated within the rear yard area of any legal parcel or premises. The structure sha11 meet the rninimum setback requirements as set by the City's Zoning Code and shall be secured as required in A3 above. The building official sYia11 consult with the Director in consideratian af any building per�nit application seeking a building permit for the construction or alteration of any detached accessary struciure to be used for personal rnarijuana cultivation. 11. Outdoor cultavation. Area used for outdoors marijuana cultivation shall be located within the rear yard area of any legal parcel and shall be fully enclosed by a 5-foot high solid locka�le fence. The fenced area shall meet the minimum setback requirements as set by the City's Zoning Code. Additionally, lighting for outdoor cultivation shall nat be permitted, except as permitted pursuant to Section 17.16.190(E) of the Zoning Code. The outdaor personal cultivation sha11 comply with Chapter 8.32 of this Code as applicable. B. The City Manager and hisllier designee is hereby authorized ta promulgate and enforce adininistrative regulations in the iznplementation and enforcement of this chapter. Section i7.29.060 Public Nuisance. A. A violation of this Cha.pter or noncompliance with any of the requirements of this Chapter shall be subject to any criminal or civil enforcement remedies available under the law and the Rolling Hills Municipal Code. Notwithstanding any ot,her pxovision of this Code, no canduct which is protected from criminalliability pursuant to state law shall be made criminal by this Chapter. Resolution No. 2017-17 6 Marijuana Regulations B. Any person violating any provisian or failing to comply with any of the mandatory requirements of this Chapter is declared to be a public nuisance and ma.y be abated by the City pursuant to Chapter 8.24 of this Code. PASSED, APPROVED AND ADOPTED THIS 19th DAY OF SEPTEMBER, 2017. _ � � � � �`�BRA.D CHELF CHAIRMAN ATTEST: �� �� YVETTE HALL INTERIM CITY CLERK Any action challenging the final decision of the City made as a result of the pu�blic hearing on this application must be filed within the time limi#s set forth in section 17.54.070 of the Ralling Hills Municipal Code and Code of Civil Procedure Section 1094.6. Resolution No. 2d 17-17 7 Marijuana Regulations STATE OF CALIFORNIA } COUNTY OF LQS ANGELES } §§ CTTY OF ROLLING HILLS } I certify that the foregoing Resolution No.2017-17 entitled: A RESOLUTION OF THE PLANNING COMMISSYON OF THE CITY OF ROLLING HILLS RECOMMENDING THAT THE CITY COUNCIL AMEND SECTIQNS 17.08.050 AND 17.1 b.020 AND ADD A NEW CHAPTER 17.29 TO TITLE 17 �F THE ROLLING HILLS MUNICIPAL CODE IN ORDER TO PROHIBIT COMMERCIAL (MEDICAL AND NON-MEDICAL} MARIJUANA ACTYVITiES, ALLOW FOR THE DELIVERY OF MEDICAL MARIJUANA, AND TO REGULATE THE CULTIVATTON OF MARTJUANA FOR PERSONAL USE WITHIN THE CITY. was appraved and adopted at a regular meeting of the Plaauung Commission on SEPTEMBER 19, 2017 by the following roll call vote: AYES: Cammissioners Coaley, Kirkpatrick, Seaburn and Chairman Chelf. NOES: None. ABSENT: Commissioner Cardenas . ABSTAiN: None. and in compliance with the laws of California was posted at the following: Ad3ninistrative O�ices. � YV TTE HALL INTERIM CITY CLERK Resalution No. 2017-17 8 Marijuana Reg�lations