HomeMy WebLinkAboutORD 1301ORDINANCE NO. 1301
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA AMENDING PALM DESERT MUNICIPAL CODE
SECTION 25.34.120 TO PROHIBIT CANNABIS DISPENSARIES,
CANNABIS MANUFACTURERS, AND CULTIVATION 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 ("CUK) 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 governments 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 a•
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
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loitering or crime; and
WHEREAS, based on the experiences of other cities, these negative effects on the 0-40
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, and processing; 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, and cannabis manufacturers 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, and cannabis manufacturers 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, and dispensing 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, 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.
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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.
C. Prohibited Activities
1. Cannabis dispensaries, cultivation, cannabis manufacturers, 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, and cannabis manufacturers, 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 Quality 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 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.
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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 28th day of January, 2016, by the following vote, to
wit:
AYES: HARNIK, JONATHAN, TANNER, and SPIEGEL
NOES: WEBER
ABSENT: NONE
ABSTAIN: NONE
ROBERT A. SPIEGE , M
ATTEST:
RA H L D. KLASSEN, CIYY CLERK
CITY OF PALM DESERT, CALIFORNIA
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