355 ORDINANCE NO. 355
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HiLLS
AMENDING SECTIONS 17.08A50 AND 17.16.02Q AND ADDING A NEW CHAPTER 17.29
TO T�'TLE 17 OF THE ROLLING HILLS MUN�CIPAL CODE IN ORDER TO PROHIBIT
COMMERCIAL (MEDICAL AND NON-MEDICAL} MARINANA ACTIVITIES, ALLOW
FOR THE DELIVERY OF MEDICAL MARIJUANA, AND TO REGULATE THE
CULTNATION OF MARIJUANA FOR PERSONAL AND MEDICAL USE WITHIN THE
CITY,IN ZONING CODE AMENDMNET NO. 2017-02.
The City Councit of the City of Rolling Hi11s daes ordain as follaws:
Section 1. Commercial marijuana acdvities, including commercial cultivation, can adversely
afFect the health, safety and general welfare af fhe public.
Section 2. Rolling Hills Municipal Code ("RHMC"} Section 17.08.050 provides that uses not
specifically permitted in the RHMC are prohibited. Section 17.16.020 provides a list of permitted uses
and prohibited uses. Commercial uses are not specifically permitted; therefore, they are prohibited.
However, the City has determined that recent developmen#s in State Law regarding the regulation of
marijuana make it necessary to clarify that uses such as the commercial cultivation and dispensing of
marijuana are expressly banned in the City of Rolling Hi11s, while other activities such as delivery of
medical marFjuana to patients and indoor personal cultivation are permitted.
Section 3. The City Council does hereby find as fol�ows:
A. On October 9, 2015, Governor Brown signed Assembly Bi11243, Assembly Bi11266, and
Senate BiZ1643 into law,which was collectively known as the Medical Marijuana Regulation and Safety
Act(MMRSA). The MNIlZSA established a state licensing scheme for commercial medical cannabis
uses, while protecting lacal control by requiring that a11 such businesses have a local license or permit to
operate in addition to a state license. The I1�IlVIIZSA allowed the City to completely prohibit commercial
medical cannabis activities.
B. On November S, 2016, California voters approved the Control, Regu�ate and Tax Adult
Use of Marijuana Act (AUMA). The AUMA added Division 10 to the CaIifornia Business and
Professions Code, sections 2600Q, et seq., which grants state agencies the authority to create, issue,
renew, discipline, suspend, or revake licenses for cannabis businesses. The ALJMA provides that the
state shail begin issuing licemses to cannabis businesses under Division 10 of the California Business
and Professions Code by JaYuary 1, 2018. California Business and Professions Code section 26055(e)
provides that a sta.te licensing authority shall not approve an application far a state license for
commercial non-medical cannabis activity if approval of the state �icense will vialate the provisions of
any iocai ordinance.
C. On June 27, 2017, the Governor signed into law Senate Bill 94, which created a single
regulatory scheme for both medical and nonmedical cannabis l�own as the IVfedicinal and Adult-Use
Cannabis Regulation and Safety Act (MAUCRSA). SB 94 created one regulatory structure for medical
and nonmedical canr�abis use arid commercial cannabis activities. The MAUCRSA retains the
provisions in the MIVIIZSA and the AUMA that granted local jurisdictions control ov�r whether
commercial cannabis activity could occur in a particular jurisdiction. Specifically, California Business
and Professions Code section 262U0 provides that the MAUCRSA shall nat be interpreted to supersede
or Zimit the authority of a local jurisdictian to adopt and enforce lacal ordinances that co�npietely
prohibit the estabiishment or aperation of one or more businesses licensed under the state, within that
local jurisdiction. Furthermore, the MAUCRSA provides that a state licensing authority sha11 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 1oca1 ordinance or regu�ation. The AUMA
and MAUCRSA require that a state licensing authority begin issuing licenses to marijuana businesses
begitming January 1, 2018.
D. Commercial marijuana activities can adversely affect the hea�th, safety, and we11-being of
City residents.
E. The Ralling HiIls Municipal Code (RHMC} does not currently expressly and separately
regulate the commercial marijuana activities within the City. In order to ensure full local control over
regulation of commercial marijuana activities in the City is pr�served, the AUMA and MAUCRSA
Ordinance No. 355
1
encourage the City to adopt an ordinance expressly regulating commercial marijuana activities, if the
City wishes to do so.
F. The Zoning Ordinance text amendments are consistent with the goals, policies, and
objectives of the General Plan because the proposed ordinance is in the public interest and there are
community benefits resulting from the regulation of marijuana.
Section 4. The Califomia Environmental Quality Act (CEQA)� requires that the
environmer�tal impacts of the action be assessed. This project was assessed in, accordance with the
autharity and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA
Guidelines {the Guidelines), and the environmental regulations of the City. The Planning Commissivn
hereby finds that under Sectian 15061(b)(3) of the State CEQA Guidelines, this project is exernpt from
the requirements of CEQA because it can be seen with certainty that the provisions contained herein
would not have the potential for causing a significant effect on the en�ironment. No possibility exists
that the proposed zone text amendment would have a significant effect on the environment. This
ordinance prohibits uses that are currently 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 clarifies an existing ban to cover new cannabis related activities and uses that are now
permitted through recent changes in state law. This ordinance continues the status quo and will not
result in changes to the environment. To the extent�hat state �aw allows personal cultivation of cannabis
limited to s�plants,this ordinance irnposes reasonable restrictions to make sure the activity is done in a
safe manner and complies with Titles 8, 15 and 17 of the Ralling Hills Municipal Code. As a result,this
ordinance wili not result in changes ta the environment.
Sectian 5. Based on the foregaing, the City Council of the City of Rolling Hills hereby
adopts Ordinance No. 355,Zoning Text Amendment No. 2017-02, as follows:
�ection 6. Section 17.08.050 of Chapter 17.08 of Title 17 of the Rolling Hilis Municipal Cade is
amended to read as follows:
17.OS.OSa- Zoning compliance required.
A. Except as provided in this title, no building sha11 be erected, reconstructed or
sttucturally 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 shall be pmhibited.
B. The commercial cultivation, dispensation, and mobile dispensing of marijuana are
expressly prohibited in all zones of the City(as set out in Section 17.16.020 B and
Chapter 17.29). Accordingly, the City shall not issue any permit, license, or other
entitlement for the commercial cultivation, dispensation, and mabile dispensing of
marijuana.
Section 7. Section 17.1b.020(B) of Chap#er 17.16 of Title 17 of the Rolling Hilis Municipal
Code is amended by adding new subparagraphs 3 and 4 to read as follows:
�7.1G.020—Permitted and prohibited uses.
B. The following uses are prohibited in the RA-S zone:
3. Dispensing of Cannabis and non-medicinai Cannabis delivery by any mobile
marijuana dispensary(as those terms are defined in section 17.29.02Q).
4. Commerciai cannabis 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 Patients or their Primary Caregivers,
{as those terms are defined in section 17.29.020}.
Section 8. A new Chapter 17.29, "Marijuana Prohibitions and Regulations" is added to Title 17
of the Rolling Hiils Municipal Code to read as follows:
Title 17
Chapter 17.29 Marijuana Prohxbitions and Regulations
Ordinance No. 355 �
Sections:
1.7.29.010 Purpose.
17.29.020 Definitions.
17.29.030 Prohibited ases and activi�ies.
17.29.040 Ezceptions.
�7.29.050 Personal M$�rijuana Cultivation-conditions.
17.29.060 Public nuisance.
-- Section 17.29.010 Purpose.
Tl�e purpose of this Chapter is to expressly prohibit the establishment of commercial cannabis
uses in th� City. The City Councii finds that prohibitions on commerciai cannabis activity are necessary
for the preservation and protection of the public health, safety and welfare of the City. The p�ohibition
of such uses is within the authority conferred npon the City Council by state Iaw and is an exercise of its
police powers to enact and enforce regulations for the public health, safety and welfare of the City. This
Chapter is also intended to apply reasanable regulations to personal indoor cultiva#ion as authorized
under state law and to allow delivery of inedical marijuana to individuals in the city that may be unable
to travel to locations outside the city to obtain the marij�xana. Nothing in this chapter shall be interpreted
to conflict with state 1aw, including without limitation the Compassionate Use Act, the Control,
Regulate, and T�Adurt Use of Marijuana Act(AUMA) and the MAUCRSA, as may be amended.
S�ction 17.29.020 Definitions.
As used in this chapter:
Cannabis, or Mar�uana, shall mean aIl 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/Marijuana" also
�_ means the separated resin, whether crude ar purified, obtained from cannabis.
"Cannabis/Marijuana" also includes cannabis that is used far medical, non-medical, or other
purposes. However, "Cannabis/Marijuana" does not include the mature stallcs of the plant, fiber
produced from the stallcs, oiI 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 therefram), fiber, oil, or cake, or the sterilized seed of the plant which is incapable af
gexmination. "Cannabis/Marijuana" alsa does nat include industrial hemp, as defined in
California Health and Safety Code section 11018.5.
Cannabis Accessories means 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, converting, producing, processing, preparing, testing, analyzing,
packagxng, repackaging, storing, smoking, vaporizing, or containing cannabis, or for ingesting,
inhaling, or otherwise introducing cannabis or cannabis praducts into the human body.
Cannabis Product means cannabis that has undergone a process whereby the plant material has
been transformed into a concentrate, inc�uding, but not limited fo, concentrated cannabis, or an
edible or topical product containing cannabis or concentrated cannabis and other ingredients.
Commercial Cannabis Activity means cultivation, manufacture, processing, storing, laboratory
testing, packaging, labeling, transporting, distribution, or sale af cannabis or a cannabis product
for medical, non-medical, or any o�her purpose and includes the activities of any business
- licensed by the State ar othe�r government entity under Division 10 of the Ca�ifornia Business
and Professions Code, or any provision of State law tha� regu�ates the licensing of cannabis
businesses.
Concentf-ated Cannabis means manufactured cannabis that has undergone a process to
concentrate one or mare active cannabinoids, thereby increasi;ng the product's potency. Resin
from granulax trichomes from a cannabis plant is a concentrate.
Cultivation rneans 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 customei�.
Ordinance No. 355 3
"Delivery" also includes the use b� a retailer of any techrxology platform owned and controlled
b�+ the retailer. The term "delivery" does not include the distribution of cannabis from a mobile
marijuana dispensary.
Detached accessory structure shall mean a building completely detached from a residence that
complies with the California Building Code and has a complete raof enclasure supported by
connecting wa�ls extending from the ground to the raof, a founda.tion, slab or equivalent base to
which the floor is secured by bolts or similar attachments, is secure against unauthorized en�y,
and is accessible only ttuough one or rnore lockable doors.
Director means the Plann.ing Director or his/her designee.
Distribution rneans the procurement, sale, and transpart of cannabis and cannabis products
between en�ities licensed under Division 10 of the California Business and Professions Code, as
they may be amended from time ta time.
Manufacture means to compound, blend, extract, infuse, ar othervvise malce or prepare a
cannabis product.
MAUCRSA rneans the Medicinal and Adult-Use Cannabis Regulation and Safety Act as codified
in Division 1 U of the Business and Professions Code, as the same may be amended from time to
time.
Mobile Marijuana Dispensaries means any dispensary, cooperative, association, club, bus�ness,
collective, operator, or provider that does not have a fixed starefront and which operates solely
as a mabile retail outlet which transports or delivers, or arranges the transpartation or delivery, of
cannabis to a person.
Person means any indi�idual, firm, �artnership, joint �enture, association, corporation, limited
liability company, estate, trust, business trust, receiver, syndicate, or any other group ar
combination acting as a unit, and the plural as well as the singular.
Persanal Marijuana Cultivation means Cultivation of six or fewer live Cannabis plants within a
single private resic�ence or fully enclosed accessory structure in accordance with Health & Sa£ety
Code § 11362.2.
Primary Caregiver shall have the same defmition as Health and Safety Code section 11362.7, as
may be amended and which means a Pez�son 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.
Quadified Patient shall have the sarne definition as Health and Safety Code section 11362.7, as
may be amended, and which means a Person who is entitled to the protections of Health and
Safety Code section 11362.5. For the purposes of this Article, Qualified Patient shall include a
Person with an identification 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 activity, whether or not for profit, is prohibited in all zones,
specific plan areas, and overlay zones of the City. No person shall establish, operate,
maintain, conduct, a11ow, or engage in cammercial cannabis activity ariywhere witl�in the
City.
B. A properfiy owner sha11 not rent, lease, or otherwise permit any persan or business that
engages in commercial cannabis activity to accupy real property in the City. A property
owner shall not allow any person or business to establish, operate, rnaintain, conduct, or
engage in commercial cannabis ac�ivity on any real properry 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 tl�e MAUCRSA, as the same may be amended from time to time.
Accardingly, the City shali not issue at�y permit, license or other entitlernent for any
Ordinance No. 355 4
activity for which a State license is required under the MAUCRSA, as the same may be
amended from time to time. The City shall also not issue any loca,l license for any activity
for which a state license is required und�r the MAUCRSA to a non-profit enti�y pursuant
to California Business and Prafessions Code section 26Q70.5.
D. To the extent not already prohibited by Subsection A, above, all deliveries of cannabis or
cannabis products for non-med'zcinal purposes, to or from any location are expressly
prohibited. No person shall canduct or p�rform any delivery af any cannabis or cannabis
products for a non-medical purpose, which de�i�ery either originates or terminates within
-�- the City. This subsection shall not prohibit any person from transporting cannabis
through the jurisdictional limits o�the City for delivery or distribution to a person located
outside the City, where such transport does not invoIve delivery or distribution within the
jurisdictional limits af the City. This subsection sha11 also no� prohibit a delivery of
cannabis or cannabis products for medicinal purposes as set forth i� Section 17.29.040.A.
Section 17.29.040 Ezceptions.
A. Notwithstanding Section 17.29.030, above, the delivery of inedical cannabis to Qualified
Patients with va.lid identification cards or a verifiable written recommendation from a physician for
medical cannabis, and Primary Caregivers with a valid identification card, is permitted from a
dispensary (licensed under the MAUCRSA) with a fixed location operating outside of the City or a
Primary Caregiver cultivating within the bounctaries of the City. This exception does not include
deliveries made by mobile marijuana dispensaries, as the term is defined in Section 17.29.020.
B. To the extent that the following activities are permitted by Staxe law, nothing �in this
Chapter sha.l�prohibit a person 21 years af age or older from:
�. Possessing, processing, purchasing, transporting, obtaining or giv�ng away to
persons 2I years of age or older, without compensation whatsoever,not mare than
28.5 grams of cannabis not in the form of concentrated cannabis;
2. Possessing, processing, purchasing, transporting, abtairiing ar giving away to
� persons 21 years of age or older, without compensation whatsoever,up to 8 grams
of cannabis in the form of concentrated cannabis;
3. Smoking or ingesting cannabis or cannabis praducts except as prohibited by
California Health and Safety Code sec�ion 11362.3;
4. Possessing, transporting, purchasing, obtaining, using, manufacturing, or giving
away cannabis accessories ta persons 21 years af age or older without
campensation whatsoever; or
5. Engaging in the personal indoor cultivation of six or fewer live cannabis plants
pursuant to the requirements outlined in Sectio� I7.29.050 of this Chapter.
C. Any commercial cannabis activity that #he City is required by state law to permit within
its jurisdictian shall not be prohibited by the provisions of this Chapter.
D. A Qualified Patient ar Primary Caregiver, who cultivates, possesses, stores,
manufact�res, or transports cannabis exclusively for his or her persanal medica�use, or the personal use
of the Caregiver's Qualified Patient, but wha does not provide, dona.te, sell, or distribute cannabis to any
other person is not thexeby engaged in Commercial Cannabis Activity. Nothing in this Chapter shall be
interpreted to prohibit a Qualified Patient or Primary Caregiver from using, possessing, purchasing,
obtaining, cultivating or receiving delivery of cannabis for medicinal purposes as allowed under state
law.
Sectian 17.29.050 Personal Marijuana Cultivation-conditions.
Non-commercial cultivation of small aznounts of mari3uana for personal use is only permitted in
the ResidentiaZ Agriculture-Suburban (RA-S) zones when all of the following conditions and standards
are met:
A. Generaldy.
1. Property. Personal IVlarijuana Cultivation is permitted only on parcels develaped with
a residential unit. A person engaging in Personal Marijuana cultivadan shall not participate in marijuana
cul�ivation in rnore than one location within the City. Marijuana cultivation activities may only occur
within a residential unit, garage or fuliy-enclosed lockable detached accessory structwre. If in the garage,
adequate space shal� be provided in the garage for the required number of parking spaces, pursuant to
Section I7.16.160(B) af the Zoning Ordinance. The cu�tivation area shall be contiguaus (all Yocated in
one area).
Ordinance No. 355 �
2. Visibility. There shall be no exterior evidence of or visibility of marijuana cultivation
from any street,public easernent, designated trail or neighboring property.
3. Security. Any structure used for personal marijuana cultivation shall be secured with
locks to prevent ixnauthorized entry and/or theft and shall remain�ecure at all times.
4. Code Compdiance. The personal Marijuana cultivation area shall not adversely affect
the health or safety af fhe nearby residents by creating dust, glare, excessrve ligh#, heat, noise, noxious
gases, odors, smoke, traffic, vibration, or other impacts, and shall not be hazardous due to the use of
storage of materials, processes, products or waste. The cultivation site shall be in full compliance with
the City building code, electricai code, mechanical code,phtmbing cade, fire code, zoning code and any
other applicable requirement found in Title 8,Title 15 and Tit1e 17 o£the Rolling Hills Municipal Code.
5. Numher of plants. Cultivation shall not exceed a total of six (6} living mat7ijuana
plants of any size per parc�l. The maximum number of plants shall be lirnited regardless of the number
of Qualified Patients or Primary Caregivers residing on the property.
6. Cudtivation area. Marijuana c�ltivation may only occur within an area totaling no
larger than 100 square feet per parcel.
7. Electrfcity use. The collective draw from a11 electrical appliances at the Personal
marijuana cultivation site shall not exceed the m�imum rating of the approved electrical panel for the
primary legal residence at the marijuana cultivation site. Gas products {including, without limitation,
CO2, butane, prapane, and natural gas) or generators shall not be used for the culti�ation of marijuana.
Any lighting fixture used far indoor marijuana cultivation shall not exceed the rated wattage and
capacity of the circuit breaker and shall be shielded so as to completely confine light and glare to the
interior of the private residence or fully-enclosed detached accessory structure.
8. T�entilataon. Any indaor locadon used for personal marijuana cultivation must have a
ventilation and filtration system i.nstalled that shall prevent rnarijuana plant odors from exiting the
in�erior of the structure and shall comply with all applicable building code regulations. Personal
Marijuana culti�ation shall not create humidity or mold within the private residence or fully-enclosed
detached accessory structure in violation of Title 8 ar 15 of this Code.
9. Resadentiad st�ucture. T1�e residential unit on the parcel where Personal Marijuana
Cultivation occurs shall, at all times, maintain a kitchen, bathroom, and primary bedroom(s} for their
intended pur�ose, and shall not be used for marijuana culti�ation where such culti�ation will prevent
their pri�ary use for cooking of ineals, sleeping, and bathing. The property where Personal Marijuana
Cultivation occurs shall be occupied.
10. Accessory stf-uucture. A fully-enclosed detached accessory structure, as defined
herein, shall be located within the rear yard area af any legal parcel ar premises. The structure shall
meet the minimum setback requirements and conditions for accessory structures, as set by the City's
Zoning Code and shall be secured as required in A3 above. The building official shall consult with the
Director in consideration of any building permit application seeking a bui�ding permit for the
construction or alteration of any detached accessory structure to be used �or personal marijuana
culti�ation.
B. The City Manager and his/11er designee is hereby authorized to promulgate and enforce
administrative regulations in the implementation and enforcement of this chapter.
Section 17.29,060 Public Nuisance.
A. A violation of this Chapter or noncompliance with any of the requirements of this
Chapter shall be subject to any criminal or civil enfarcement rernedies available under the law and the
Rolling Hills Municipal Code. Notwithstanding at�y other provision of this Code, no conduct which is
protected from criminal liability pursuant to state law shall be made criminal by this Chapter.
B. Any person viola�ing any pro�ision or failing to cornply with any of the mandatozy
requirements of this Chapter is declared to be a public nuisance and may be abated by the City pursuant
to Chapter 8.24 of tl�is Code.
Ordinance No. 355 6
PASSED, APPROVED AND ADOPTED THIS 23'�DAY OF OCTOBER, 2017.
_,�.;. _/°°,
J S BLAC M. .
YOR
� ATTEST:
� `�'.
TTE
INTERIM CITY CLERK
Ar�y action challenging the final decision of the City made as a result of the public hearing on this
application must be filed within the time limits set forth in section 17.54.070 of the Rol�ing Hills
Municipal Code and Code of Civil Procedure Section 1094.6.
Ordinance No. 355 '7
STATE OF CALIFOI�NIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Ordinance No. 355 entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS
AMENDING SECTIONS 17.08.050 AND 17.16.020 AND ADDll�TG A NEW
CHAPTER 17.29 TO TITLE 17 �F THE ROLLING HILLS MUNICIl'AL CODE IN
ORDER TO PROHIBTT COMMERCiAL (MEDICAL AND NON-MEDICAL)
MARIJUANA ACTIVITIES, ALLOW FOR THE DELIVERY OF MEDICAL
MARINANA, AND TO REGULATE THE CULTIVATION OF MARIJCTANA FOR
PERSONAL AND MEDICAL USE WITHIN THE CITY, IN ZONING CODE
AiVIENDMNET NO. 201�-02.
was approved and adopted at a regu�ar meeting of the City Council on October 23, 2017 by the
following roll call vote:
AYES: Councilmembers Dieringer, Mirsch, Pieper and Wilsan.
NOES: Mayor Black.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
• - ;�,
TE HALL
INTERIM CITY CLERK
Ordinance No. 355 g