HomeMy WebLinkAbout691ORDINANCE NO. 691
AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE, CALIFORNIA, IMPOSING A TEMPORARY MORATORIUM ON THE
COMMERICAL AND INDUSTRIAL CULTIVATION, PROCCESSING AND DISTRIBUTION OF
MEDICAL MARIJUANA IN ALL NON-RESIDENTIAL ZONES PENDING COMPLETION OF
STUDIES AND THE PREPARATION OF AN UPDATE TO THE CITY'S ZONING CODE".
WHEREAS, the City of Irwindale has recently received requests to grow, cultivate and
distribute marijuana within the City; and
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, 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 nor the Medical Marijuana Program
require or 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., holding that cities have
the authority to ban 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, 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, offensive to many people, and detectable far beyond property
boundaries if grown outdoors; and
WHEREAS, in the case of multiple qualified patients who are in control of the same legal
parcel, or parcels, of property, or in the case of collective or cooperative cultivation, or in the
case of a caregiver growing for numerous patients, a very large number of plants could be
cultivated on the same legal parcel, or parcels, within the City; and
Interim Urgency Ordinance No. 691
Page 1
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
structural integrity of the building, and the use of high wattage grow lights and excessive use of
electricity increases the risk of fire which presents a clear and present danger to the building
and its occupants; and
WHEREAS, the Attorney General's August 2008 Guidelines for the Security and Non-
Diversion of Marijuana Grown for Medical Use (See Attachment No. 1) 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 of
Irwindale due to the establishment and operation of marijuana cultivation, processing and
distribution uses; and
WHEREAS, on May 28, 2008, the City of Irwindale adopted Ordinance No. 624 which
amended Irwindale Municipal Code (IMC) Sections 17.08.376 and 17.32.015 to add a definition
for "Medical Marijuana Dispensary" and to prohibit the establishment or operation of such use;
and
WHEREAS, the City of Irwindale's definition of "medical marijuana dispensary" does not
explicitly address the retail and/or wholesale distribution of marijuana by statutory cooperatives
or collectives as described in the August 2008 Guidelines for the Security and Non-Diversion of
Marijuana Grown for Medical Use; and
WHEREAS, the IMC does not define "medical marijuana collective", and "medical
marijuana cooperative" as described in the August 2008 Guidelines for the Security and Non-
Diversion of Marijuana Grown for Medical Use; and
WHEREAS, the IMC does not address the cultivation and processing of medical
marijuana; and
WHEREAS, IMC silence regarding medical marijuana cultivation, processing and
subsequent distribution may lead to the inability of the City to regulate cooperatives and
collectives in a manner that will protect the general public and businesses adjacent and near
such uses;
WHEREAS, based on the findings above, the potential establishment of marijuana
cultivation, processing and distribution 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, approval of business licenses, subdivisions, use permits, variances, building
permits, or any other applicable entitlement for marijuana processing, cultivation and/or
distributing will result in the aforementioned threat to public health, safety, or welfare; and
Interim Urgency Ordinance No. 691
Page 2
WHEREAS, it is in the interest of the City, its residents, and its lawfully permitted
businesses that City staff undertake a study to consider zoning, zoning ordinance amendments
and/or other measures to regulate the establishment and operation of marijuana cultivation,
processing and distributing uses in the City; and
WHEREAS, Government Code § 65858 expressly authorizes the City Council to adopt
an urgency ordinance prohibiting any uses which may be in conflict with a contemplated general
plan, specific plan, or zoning proposal which the legislative body of the City or the planning
commission or the planning department is considering or studying or intends to study within a
reasonable time, for the purpose of the immediate preservation of the public health, safety, or
welfare;
NOW, THEREFORE, THE CITY COUNCIL OF CITY OF IRWINDALE DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Findings
A. The City Council of the City of Irwindale finds that the above recitals are true and
correct and are incorporated herein by reference as if set forth in full.
B. To allow time for the City to consider, study and enact regulations for medical
marijuana cultivation, processing, and distribution uses, it is necessary to temporarily suspend
the approval of any and all use permit, variance, building permit, or any other entitlement or
permit authorizing the establishment of marijuana cultivation uses, marijuana processing uses,
and marijuana dispensaries as defined herein, as such uses may be in conflict with the
development standards and implementation regulations that the City will ultimately impose after
the City has considered and studied this issue, which shall be accomplished within a reasonable
time.
C. A moratorium will provide the City with time to study marijuana cultivation uses,
marijuana processing uses, and marijuana dispensaries and the potential impacts such land
uses may have on the public health, safety and welfare.
D. Without the imposition of a temporary moratorium on the establishment of
marijuana cultivation, processing, and dispensary uses as described herein, the City anticipates
that one (1) or more commercial cannabis cultivation centers may locate in the City before a
non-urgency ordinance would become effective.
E. There is a current and immediate threat to the public health, safety and welfare of
the City and its community, thereby necessitating the immediate enactment of this moratorium
as an urgency ordinance in order to ensure that permits for such facilities are established only
under adequate regulations. Imposition of a moratorium will allow the City sufficient time to
conclude the preparation of a comprehensive ordinance for the regulation of such activities.
SECTION 2. Urgent Need
Based on the foregoing recitals and findings which are all deemed true and correct, this interim
ordinance is urgently needed for the immediate preservation of the public health, safety, and
welfare. This interim ordinance shall take effect immediately upon adoption and shall be of no
Interim Urgency Ordinance No. 691
Page 3
further force and effect 45 days following the date of its adoption unless extended in accordance
with the provisions set forth in Government Code Section 65858.
SECTION 3. Definitions
For purposes of this ordinance, the following definitions shall apply:
A. "Marijuana" means any or all parts of the plant Cannabis sativa L., whether
growing or not; the seeds of that plant; the resin extracted from any part of the plant; and every
compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin,
including marijuana infused in foodstuff.
B. "Marijuana Cultivation" means growing, planting, harvesting, or processing of
marijuana.
"Marijuana Processing" means any method used to prepare marijuana or its
byproducts for commercial retail and/or wholesale, including but not limited to: drying, cleaning,
curing, packaging, and extraction of active ingredients to create marijuana related products and
concentrates.
D. "Marijuana Dispensary" means any business, office, store, facility, location, retail
"storefront" or wholesale component of any establishment, cooperative or collective that
dispenses, distributes, exchanges, transmits, transports, sells or provides marijuana to any
person for any reason, including members of any medical marijuana cooperative or collective
consistent with the August 2008 Guidelines for the Security and Non-Diversion of Marijuana
Grown for Medical Use, as may be amended from time to time, that was issued by the office of
the Attorney General for the state of California, or for the purposes set forth in California Health
and Safety Code Section 11362.5 (Compassionate Use Act of 1996) or California Health and
Safety Code Sections 11362.7 to 11362.83 (Medical Marijuana Program Act).
E. "Medical marijuana collective" or "cooperative or collective" means any group that
is collectively or cooperatively cultivating and distributing marijuana for medical purposes that is
organized in the manner set forth in the August 2008 Guidelines for the Security and Non-
Diversion of Marijuana Grown for Medical Use, as may be amended from time to time, that was
issued by the office of the Attorney General for the state of California or subject to the provisions
of California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996) or
California Health and Safety Code Sections 11362.7 to 11362.83 (Medical Marijuana Program
Act).
SECTION 4. Prohibited Use
For the period of this ordinance or any extension thereof, marijuana cultivation, marijuana
processing, and marijuana dispensaries, as defined herein, shall be considered prohibited uses
in all non-residential zoning districts of the City. During the effective period of this ordinance, 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 marijuana
cultivation use, marijuana processing use, or any medical marijuana dispensary as defined
herein in any non-residential zoning district, and no person shall otherwise establish such
businesses or operations in any non-residential zoning district.
Interim Urgency Ordinance No. 691
Page 4
SECTION 5. Consideration of Options
During the period of this ordinance, and any extension thereof, the City Manager or his
designees shall: (1) review and consider options for the regulation of marijuana cultivation,
processing and dispensary uses in the City, including but not limited to the development of
appropriate rules and regulations governing the location and operation of such uses and (2)
shall issue a written report describing the measures which the City has taken to address the
conditions which led to the adoption of this ordinance with the City Council ten (10) days prior
the expiration of this interim urgency ordinance, or any extension thereof, and such report shall
be made available to the public.
SECTION 6. Authority
This interim urgency ordinance is enacted pursuant to the authority conferred upon the City
Council of the City of Irwindale by Government Code Section 65858, and therefore shall be in
full force and effect immediately upon its adoption by a four-fifths (4/5) vote of the City Council.
This interim urgency ordinance shall continue in effect for forty-five (45) days from the date of its
adoption and shall thereafter be of no further force and effect unless, after notice pursuant to
Government Code Section 65090 and a public hearing, the City Council extends the interim
urgency ordinance for an additional period of time pursuant to Government Code Section
65858. Government Code Section 65858 further provides that such an urgency measure may
be extended following compliance with that section for up to an additional 22 months and 15
days beyond the original 45-day period.
SECTION 7. CEQA
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..
SECTION 8. SeverabilitV
If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held
to be invalid or unconstitutional by a decision of any court of any 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 passed this ordinance, and each and every section,
subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional without
regard to whether any portion of the ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 9. Notice
The City Clerk shall certify to the passage of this Interim Ordinance and shall cause the same to
be posted at the designated locations in the City of Irwindale. Any further extension of this
Ordinance shall be noticed and published in accordance with City and State law.
Interim Urgency Ordinance No. 691
Page 5
PASSED, APPROVED, and ADOPTED, this 13th day of May, 2015.
Interim Urgency Ordinance No. 691
Page 6
't,victM
ura M. Nieto, CMC
eputy City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES } ss.
CITY OF IRWINDALE
I, Laura M. Nieto, Deputy City Clerk of the City of Irwindale, do hereby certify that the
foregoing Interim Urgency Ordinance No. 691 was duly introduced and adopted waiving further
reading thereof at a regular meeting of the Irwindale City Council held on the 13 th day of May,
2015 by the following vote of the Council:
AYES: Councilmembers: Ambriz, Miranda Ortiz and Mayor Breceda
NOES: Councilmembers: None
ABSENT: Council members: Garcia
ABSTAIN: Councilmembers: None
ura M. Nieto, CMC
eputy City Clerk
AFFIDAVIT OF POSTING
I, Laura M. Nieto, Deputy City Clerk, certify that I caused a copy of Interim Urgency Ordinance No. 691,
adopted by the City Council of the City of Irwindale at its regular meeting held May 13, 2015, to be posted
at trAe,City Hall, Library, and Post Office on May 14, 2015.
Dated:
Interim Urgency Urgency Ordinance No. 691
Page 7