HomeMy WebLinkAboutOrd 1301 - Sec 25.34.120 CannabisORDINANCE NO. 1301 �. ','„�;r.a�it 4;0
AN ORDINANCE OF THE CITY COUNCIL F I lit Vi i r "'sir rNLin`
DESERT, CALIFORNIA AMENDING PALM DESERT MUNICIPAL CODE
SECTION 25.34.120 TO PROHIBIT CANNABIS DISPENSARIES,
CANNABIS MANUFACTURERS, CULTIVATION, AND DELIVERY OF
CANNABIS IN THE CITY.
WHEREAS, in 1996, the voters of the State of California approved Proposition 215
(codified as Health & Safety Code Section 11362.5 et seq. and entitled "The
Compassionate Use Act of 1996"); and
WHEREAS, the intent of Proposition 215 was to enable seriously ill Californians to
legally possess, use, and cultivate marijuana for medical use under state law; and
WHEREAS, in 2003, the California Legislature adopted SB 420, the Medical
Marijuana Program ("MMP"), codified as Health and Safety Code Section 11362.7 et seq.,
which permits qualified patients and their primary caregivers to associate collectively or
cooperatively to cultivate marijuana for medical purposes without being subject to criminal
prosecution under the Penal Code; and
WHEREAS, neither the Compassionate Use Act ("CUX) nor the MMP require nor
impose an affirmative duty or mandate upon local governments to allow, authorize, or
sanction the establishment of facilities that cultivate or process medical marijuana within its
jurisdiction; and
WHEREAS, in May 2013, the California Supreme Court issued its decision in City of
Riverside v. Inland Empire Patients Health and Wellness Center, Inc. (2013) 56 Cal. 4th
729, holding that cities have the authority to regulate or ban outright medical marijuana land
uses; and
WHEREAS, under the Federal Controlled Substances Act, codified in 21 U.S.C.
Section 801 et seq., the use, possession, and cultivation of marijuana are unlawful and
subject to federal prosecution without regard to a claimed medical need; and
WHEREAS, on October 9, 2015, Governor Jerry Brown signed the "Medical
Marijuana Regulation and Safety Act" ("Act") into law; and
WHEREAS, the Act becomes effective January 1, 2016 and contains provisions
which allow for local governments to regulate licenses and certain activities thereunder; and
WHEREAS, the Act contains a provision which sets forth that the State shall become
the sole authority for regulation under certain parts of the Act, unless local govemments
have "land use regulations or ordinances regulating or prohibiting the cultivation of
marijuana..." (Health and Safety Code §11362.777(c)(4); and
ORDINANCE NO. 1301
WHEREAS, several California cities have reported negative impacts of marijuana
cultivation, processing, and distribution uses, including offensive odors, illegal sales, and
distribution of marijuana, trespassing, theft, violent robberies and robbery attempts, fire
hazards, and problems associated with mold, fungus, and pests; and
WHEREAS, marijuana plants, as they begin to flower and for a period of two months
or more, produce a strong odor, and detectable far beyond property boundaries if grown
outdoors; and
WHEREAS, the strong smell of marijuana creates an attractive nuisance, alerting
persons to the location of the valuable plants, and creating a risk of burglary, robbery, or
armed robbery; and
WHEREAS, the indoor cultivation of marijuana has potential adverse effects to the
health and safety of the occupants; including structural damage to the building due to
increased moisture and excessive mold growth which can occur and can pose a risk of fire
and electrocution; additionally, the use of pesticides and fertilizers can lead to chemical
contamination within the structure; and
WHEREAS, the Attorney General's August 2008 Guidelines for the Security and
Non -Diversion of Marijuana Grown for Medical Use recognizes that the cultivation or other
concentration of marijuana in any location or premises without adequate security increases
the risk that nearby homes or businesses may be negatively impacted by nuisance activity
such as loitering or crime; and
WHEREAS, based on the experiences of other cities, these negative effects on the
public health, safety, and welfare are likely to occur, and continue to occur, in the City due
to the establishment and operation of marijuana cultivation, processing, and distribution
uses; and
WHEREAS, the City's Municipal Code ("Code") does not address the cultivation,
processing, delivery and distribution of medical cannabis; and
WHEREAS, based on the findings above, the potential establishment of cannabis
dispensaries, cultivation, cannabis manufacturers and delivery of cannabis uses in the City
without regulation poses a current and immediate threat to the public health, safety and
welfare in the City due to the negative land use and other impacts of such uses as
described above; and
WHEREAS, the issuance or approval of business licenses, subdivisions, use
permits, variances, building permits, or any other applicable entitlement for cannabis
dispensaries, cultivation, cannabis manufacturers and delivery of cannabis will result in the
aforementioned threat to public health, safety, or welfare.
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ORDINANCE NO. 1301
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm
Desert as follows:
SECTION 1. Incorporation of Recitals. The City Council hereby adopts the
foregoing recitals as its findings in support of the following regulations and further finds that
the following regulations are necessary and appropriate to protect the health, safety and
welfare of the residents and businesses of Palm Desert from the identified adverse impacts
of marijuana cultivation, processing, dispensing, delivery, and distribution within the City
limits.
SECTION 2. Amendment to the Palm Desert Municipal Code. Section 25.34.120
of the Palm Desert Municipal Code is hereby amended to read as follows:
"25.34.120 Medical Cannabis Uses
A. Purpose and Intent
1. It is the purpose and intent of this Section, pursuant to the City's constitutional
and charter authority to promote and protect the health, safety, and general welfare of the
residents and businesses within the City by regulating the cultivation, distribution, delivery
and processing of medical cannabis.
2. Nothing in this chapter shall be construed to (1) permit persons to engage in
conduct that endangers others or causes a public nuisance, (2) permit the use or cultivation
of cannabis for non -medical purposes, or (3) permit any activity relating to the dispensing,
cultivation, processing, delivery or distribution of cannabis that is illegal under state or
federal law.
B. Definitions
For purposes of this Section, the following definitions shall apply:
1. "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 marijuana. "Cannabis"
also means marijuana as defined by Section 11018 of the Health and Safety Code as
enacted by Chapter 1407 of the Statutes of 1972.
2. "Cannabis dispensary' means a facility where cannabis, cannabis products,
or devices for the use of cannabis or cannabis products are offered, either individually or in
any combination, for retail sale, including an establishment that delivers cannabis and
cannabis products as part of a retail sale.
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ORDINANCE NO. 1301
3. "Cannabis manufacturer" means a person that conducts the production,
preparation, propagation, or compounding of manufactured cannabis, or cannabis products
either directly or indirectly or by extraction methods, or independently by means of chemical
synthesis or by a combination of extraction and chemical synthesis at a fixed location that
packages or repackages medical cannabis or cannabis products or labels or relabels its
container
4. "Cultivation" means any activity involving the planting, growing, harvesting,
drying, curing, grading, or trimming of cannabis.
5. "Delivery" means the commercial transfer of cannabis or cannabis products.
C. Prohibited Activities
1. Cannabis dispensaries, cultivation, cannabis manufacturers, delivery of
cannabis, and other medical cannabis uses, as defined herein, shall be considered
prohibited uses in all zoning districts of the City. No use permit, variance, building permit, or
any other entitlement or permit, whether administrative or discretionary, shall be approved
or issued for the establishment or operation of a dispensaries, cannabis cultivation,
cannabis manufacturers, and delivery of cannabis as defined herein in any zoning district,
and no person shall otherwise establish such businesses or operations in any zoning
district.
2. Nothing in this Section shall be construed to permit the sale, processing, or
distribution of medical cannabis for commercial use or profit as is otherwise prohibited
under state or federal law.
D. Prohibited Activities Declared A Public Nuisance
Any use or condition caused or permitted to exist in violation of this Section shall be
and is hereby declared a public nuisance that may be abated by the City and/or subject to
all available legal remedies, including but not limited to civil injunctions.
E. Penalties For Violations
1. Violations of this Section constitute an infraction or misdemeanor and may be
enforced by any applicable law. Notwithstanding any other provision of this Code, a
violation of this Section is subject to civil and criminal penalties.
2. Each person is guilty of a separate offense each day a violation is allowed to
continue and every violation of this chapter shall constitute a separate offense and shall be
subject to all remedies."
SECTION 3. Compliance with the California Environmental Qualitv Act. The
City Council finds that this ordinance is not subject to the California Environmental Quality
Act ("CEQA") pursuant to CEQA Guidelines Sections 15060(c)(3) because this activity is
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not a project as defined by Section 15378 of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, and pursuant to CEQA Guidelines Section 15061(b)(3)
because it can be seen with certainty that it will not have a significant effect or physical
change to the environment.
SECTION 4. Severability. If 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 5. Publication. The City Clerk shall certify as to the adoption of this
Ordinance and shall cause it to be published within fifteen (15) days of the adoption and
shall post a certified copy of this Ordinance, including the vote for and against the same, in
the Office of the City Clerk, in accordance with California Government Code Section 36933.
PASSED, APPROVED and ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held on the day of
2015, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT. CALIFORNIA
Susan Marie Weber
MAYOR
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