HomeMy WebLinkAbout715ORDINANCE NO. 715
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE
ADDING A NEW CHAPTER 8.36 (PERSONAL MARIJUANA CULTIVATION)
TO THE IRWINDALE MUNICIPAL CODE TO PROHIBIT OUTDOOR
CULTIVATION OF MARIJUANA FOR PERSONAL USE AND ESTABLISH
REASONABLE REGULATIONS ON INDOOR CULTIVATION OF MARIJUANA
FOR PERSONAL USE; AMENDING CHAPTER 17.110 OF THE IRWINDALE
MUNICIPAL CODE TO PROHIBIT ALL COMMERCIAL MARIJUANA
ACTIVITIES IN THE CITY; DELETING CERTAIN DEFINITIONS FROM TITLE
17 (ZONING) RELATED TO MARIJUANA ACTIVITIES
A. RECITALS
(i) In 1996 California voters approved Proposition 215, the Compassionate Use
Act ("CUA"), codified as Health and Safety Code §11362.5, to exempt certain
patients and their primary caregivers from criminal liability under state law for
the possession and cultivation of marijuana for medical purposes.
(ii) In 2003 the California legislature enacted Senate Bill 420, the Medical
Marijuana Program Act ("MMPA"), codified as Health & Safety Code §§
11362.7, et seq., and as later amended, to clarify the scope of the
Compassionate Use Act of 1996 relating to the possession and cultivation of
marijuana for medical purpose, and to authorize local governing bodies to
adopt and enforce laws consistent with its provisions.
(iii) In October 2015, the State of California adopted AB 266, AB 243, and SB
643, collectively referred to as the Medical Cannabis Regulation and Safety
Act ("MCRSA"), which established a comprehensive regulatory and licensing
scheme for commercial medical marijuana operations.
(iv) At the November 8, 2016 general election, the Control, Regulate and Tax
Adult Use of Marijuana Act ("AUMA") was approved by California voters as
Proposition 64, which established a comprehensive regulatory and licensing
scheme for commercial recreational (adult use) marijuana operations, and
which also legalized limited personal recreational marijuana use, possession,
and cultivation.
(v) On June 27, 2017 Governor Brown signed Senate Bill 94, the Medicinal and
Adult Use Cannabis Regulation and Safety Act ("MAUCRSA"), which merged
the regulatory regimes of MCRSA and AUMA.
(vi) The MAUCRSA provides that the State of California will begin issuing
licenses in 2018 for both medical and recreational marijuana businesses in
20 different categories, which are found in Business & Professions Code §
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26050, and which categories include marijuana cultivation, manufacturer,
testing, retailer, distributor, and microbusiness.
(vii) The MAUCRSA, Business & Professions Code § 26200(a)(1), provides that
local jurisdictions may completely prohibit the establishment or operation of
any or all of the 20 different medical and recreational business operations to
be licensed by the state under Business & Professions Code § 26050.
(viii) The MAUCRSA, Business & Professions Code § 26055(d), provides that a
state commercial marijuana license may not be issued to an applicant whose
operations would violate the provisions of any local ordinance or regulation.
(ix) The City Council of Irwindale now desires to expressly prohibit, to the fullest
extent allowed under state law, any and all commercial medical and/or
recreational marijuana activity, including all of the 20 different MAUCRSA
state license categories for both medical and recreational commercial
marijuana businesses described above (and as may be amended).
(x) The AVMA, Health & Safety Code § 11362.1(a)(3), makes it lawful for any
person 21 years of age or older to "[p]ossess, plant, cultivate, harvest, dry, or
process not more than six living marijuana plants and possess the marijuana
produced by the plants".
(xi) The AUMA, Health & Safety Code § 11362.2(b)(3), explicitly allows a city to
"completely prohibit persons from engaging in [the personal cultivation of
marijuana] outdoors upon the grounds of a private residence".
(xii) The AUMA, Health & Safety Code § 11362.2(b), explicitly allows a city to
"enact and enforce reasonable regulations to reasonably regulate" the
cultivation of marijuana permitted under Health & Safety Code §
11362.1(a)(3), so long as the city does not completely prohibit the cultivation
of up to six plants "inside a private residence, or inside an accessory
structure to a private residence located upon the grounds of a private
residence that is fully enclosed and secure".
(xiii) The AUMA, Health & Safety Code § 11362.2(a)(2), further restricts such
personal marijuana cultivation so that "[t]he living plants and any marijuana
produced by the plants in excess of 28.5 grams are kept within the person's
private residence, or upon the grounds of that private residence, are in a
locked space, and are not visible by normal unaided vision from a public
place".
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(xiv) Several California cities have reported negative impacts of marijuana
cultivation and related activities, including but not limited to offensive odors,
criminal activity, (such as trespassing, theft, violent robberies and robbery
attempts, and the illegal sale and distribution of marijuana), and public health
and safety concerns (such as fire hazards and problems associated with
mold, fungus, and pests).
(xv) 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 or if grown indoors without
proper ventilation, odor control, and other regulations.
(xvi) Due to the value of marijuana plants and their strong smell (which alerts
others to their location), marijuana cultivation has been linked to break-ins,
robbery, armed robbery, theft and attendant violence and injury, creating an
increased risk to public safety.
(xvii) The indoor cultivation of marijuana has potential adverse effects on the
structural integrity of the buildings in which marijuana is cultivated, 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 buildings, its
occupants, and neighboring buildings and residents.
(xviii) Unregulated indoor cultivation of marijuana can be harmful to the public
health, safety and welfare, because electrical modifications risk fires, poor
irrigation can cause mold, overloaded circuits can leave entire neighborhoods
in the dark, plant chemicals can cause illness and can contaminate soil and
water, improper carbon dioxide mixed with insufficient ventilation can cause
injury or death, and structural changes put first responders in danger if they
rush into the unknown.
(xix) The Attorney General's August 2008 Guidelines for the Security and Non -
Diversion of Marijuana Grown for Medical Use recognize 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 and/or crime.
(xx) Marijuana cultivation is likely to generate these negative effects on the public
health, safety, and welfare in the city, based on the experiences of other
cities.
(xxi) Absent clear regulation, marijuana cultivation in the City poses a potential
threat to the public peace, health, and safety, and, unless the city takes
action to regulate it, the secondary impacts described above are likely to
occur.
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(xxii) The City has a compelling interest in protecting the public health, safety, and
welfare of its citizens, residents, visitors, and businesses, and in preserving
the peace and quiet of the neighborhoods within the city, by prohibiting
outdoor marijuana cultivation and by regulating the personal indoor cultivation
of marijuana.
(xxiii) Pursuant to the above-described express statutory authority and its police
power, the city has the authority to prohibit outdoor marijuana cultivation, and
to enact reasonable regulations for the indoor personal cultivation of up to six
marijuana plants, to protect the public health, safety and welfare, by adding a
new Chapter 8.36 "Personal Cultivation of Marijuana" to the Irwindale City
Code.
(xxiv) This ordinance is enacted, consistent with the Compassionate Use Act of
1996, the Medical Marijuana Program Act of 2003, the Medical Cannabis
Regulation and Safety Act of 2015, the Adult Use of Marijuana Act of 2016,
and the Medicinal and Adult Use of Cannabis Regulation and Safety Act of
2017, to protect the public health, safety, and welfare of the public in relation
to marijuana -related uses and activities.
(xxv) Pursuant to the above-described express statutory authority and the city's
police power, the city has the authority to prohibit all commercial marijuana
activities (whether not-for-profit or for-profit) that may otherwise be permitted
by the State of California under the MCRSA, the AVMA, and the MAUCRSA,
by amending Chapter 17.110 of Title 17 (Zoning) of the Irwindale Municipal
Code.
(xxvi) Nothing in this Ordinance shall be construed to: (1) allow any person to
engage in conduct that endangers others or causes a public nuisance; or
(2) allow any activity relating to the cultivation, distribution, or consumption of
marijuana that is illegal under state or federal law.
(xxvii) The City affirms that Title 17 ("Zoning") of the Irwindale Municipal Code is
structured as a permissive zoning code, whereas any use that is not
permitted expressly by any provisions of this title shall be prohibited, and the
prohibitions on commercial marijuana activities imposed by amended Chapter
17.110 are enacted to fully comply with requirements of state law when a city
desires to prohibit commercial marijuana activities.
(xxviii) Because new Chapter 17.110 (Marijuana Uses and Activities Prohibited)
prohibits in all zones of the City the activities and use of "medical marijuana
dispensary," "marijuana cultivation", "marijuana processing", "delivery of
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marijuana or medical cannabis products," and "mobile marijuana dispensary"
as those terms are understood and prohibited by existing Section 17.110.030
of the Irwindale Municipal Code, the City Council now desires, to both
completely replace the existing Chapter 17.110 of the Irwindale Municipal
code as well as delete superfluous definitions from Chapter 17.08, for the
sole purpose of centralizing and expanding an express prohibition on all
commercial marijuana activities (including those already prohibited by
existing local law).
(xxix) This Ordinance would affect all properties city-wide.
(xxx) On October 9, 2017, the Planning Commission conducted a duly noticed
public hearing on this Ordinance and recommended that the City Council
adopt the same.
(xxxi) On October 25, 2017, the City Council conducted a duly noticed public
hearing introducing this Ordinance, and all testimony received was made part
of the public record.
(xxxii) The City Council has duly considered all information presented to it, including
the Planning Commission findings, Planning Commission Resolution No. 714,
written staff reports, and any testimony provided at the public hearings.
(xxxiii) All legal prerequisites to the adoption of this ordinance have occurred.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. THE CITY COUNCIL OF THE CITY OF IRWINDALE HEREBY MAKES
THE FOLLOWING FINDINGS:
A. The recitals set forth above are all true and correct and are incorporated herein.
B. The prohibitions on marijuana uses and activities established by this ordinance are
necessary to protect the public health, safety and welfare, and are enacted pursuant to
the authority granted to the city by the state.
C. The regulation of indoor personal marijuana cultivation established by this ordinance are
reasonable and necessary to protect the public health, safety and welfare, and are
enacted pursuant to the authority granted to the city by the state.
SECTION 2. A NEW CHAPTER 8.36 (PERSONAL MARIJUANA CULTIVATION) IS
HEREBY ADDED TO TITLE 8 (HEALTH AND SAFETY) OF THE IRWINDALE MUNICIPAL
CODE TO READ IN ITS ENTIRETY AS FOLLOWS:
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"CHAPTER 8.36 PERSONAL MARIJUANA CULTIVATION
8.36.010 Purpose and intent.
8.36.020 Definitions.
8.36.030 Personal marijuana cultivation.
8.36.040 Indoor personal marijuana cultivation permit.
8.36.050 Violations and penalties; public nuisance.
Section 8.36.010 Purpose and intent.
A. The purpose and intent of this chapter is to prohibit throughout the entire city the outdoor
cultivation of marijuana, and to establish reasonable regulations, consistent with the
meaning of Section 11362.2 of the Health & Safety Code, and as may be amended, for
the indoor cultivation of up to six (6) marijuana plants at a private residence.
B. This chapter is not intended to interfere with a patient's right to medical marijuana as
provided for in Section 11362.5 of the Health & Safety Code.
Section 8.36.020 Definitions.
The following words and phrases shall, for the purposes of this chapter, have the meanings
respectively ascribed to them by this section, as follows:
A. "Accessory structure" means a subordinate building located on the same lot as a private
residence, the use of which is customarily part of, incidental and secondary to that of the
private residence, and which does not change the character of the residential use of the
private residence.
B. "Applicant" means an applicant for a permit.
C. "Application" means an application for a permit.
D. "Cultivation" means any activity involving the planting, growing, harvesting, drying,
curing, grading, or trimming of one or more marijuana plants or any part thereof.
E. "Cultivation site" means the real property on which marijuana cultivation occurs.
F. "Director" means the Development Services Director/City Engineer for the City of
Irwindale, or his or her designee.
G. "Marijuana" has the same definition as provided in Section 26001 of the Business &
Professions Code for the term "cannabis," and as may be amended, defined as "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 cannabis. 'Cannabis' does not include the
mature stalks of the plant, fiber produced from the stalks, oil or cake made from the
seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or
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preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake,
or the sterilized seed of the plant which is incapable of germination."
H. 'Permit' means an indoor personal marijuana cultivation permit issued pursuant to this
chapter.
I. `Person" means any individual, firm, co -partnership, joint venture, association,
corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or
any other group or combination acting as a unit.
J. 'Private residence' has the same meaning as the term is defined in Section
11362.2(b)(5) of the Health & Safety Code, and as may be amended, which provides
that private residence "means a house, an apartment unit, a mobile home, or other
similar dwelling."
Section 8.36.030 Personal marijuana cultivation.
A. Prohibition. Marijuana cultivation is prohibited in all zones of the city. No person shall
engage in the cultivation of marijuana in the city for any purpose.
B. Limited Exemption. The general prohibition on marijuana cultivation in above subsection
(a) does not apply to the indoor cultivation of marijuana at a private residence conducted
both pursuant to a valid and current permit as provided for in this chapter, as well as with
complete adherence to the following regulations:
1. Six plants. Cultivation is limited to no more than six (6) living marijuana plants at any
one time.
2. Indoor cultivation only. Cultivation shall occur entirely within a private residence or
within an accessory structure to a private residence located upon the grounds of a
private residence that is fully enclosed and secure.
3. Locked space. The six (6) living plants and any marijuana produced by the plants in
excess of 28.5 grams shall be kept within a locked space located either within the
private residence or upon the grounds of the private residence.
4. Visibility. The six (6) living plants and any marijuana produced by the plants in
excess of 28.5 grams shall not be visible from any neighboring property or public
right of way, or in any manner be visible by normal unaided vision from a public
place.
5. Odor
a. The odor resulting from all marijuana cultivation shall not be detectable by
human senses from any neighboring property or public right of way.
b. As necessary (which final determination shall be made by the Director), to
ensure that no odor resulting from marijuana cultivation shall be detectable by
human senses from any neighboring property or public right of way, a
marijuana cultivation site shall install and continuously operate a functioning
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ventilation and filtration system which complies with all applicable building
code regulations, including obtaining all required permits and approvals.
6. Nuisance Activity. Cultivation shall not result in a nuisance or adversely affect the
health, welfare, or safety of the resident or nearby residents by creating dust, glare,
heat, noise, noxious gases, odors, smoke, traffic, vibration, or other impacts, or be
hazardous due to use or storage of materials, processes, products or waste.
7. Fire Extinguisher. A working portable fire extinguisher, which complies with the
regulations and standards adopted by the state fire marshal and applicable law, shall
be kept in the same room as the marijuana cultivation.
8. Electricity.
a. The collective draw from all electrical appliances at the marijuana cultivation
site shall not exceed the maximum rating of the approved electrical panel for
the residence where the marijuana is being cultivated.
b. The maximum rating shall be as established in the manufacturer
specifications for the approved electrical panel.
9. Lighting. Any lighting fixture or combination of lighting fixtures used for marijuana
cultivation shall:
a. not exceed the rated wattage and capacity of the circuit breaker; and
b. shall be shielded so as to completely confine light and glare to the interior of
the private residence or fully enclosed accessory structure.
10. Private Residence. Any private residence used for cultivation shall:
a. include a fully functional and usable kitchen, as well as bathroom and
bedroom areas, for use by the permit holder; and
b. shall not be used primarily or exclusively for marijuana cultivation.
11. Garage. Cultivation shall not displace required parking in a garage.
C. Additional Regulations. Further rules, regulations, procedures, and standards for the
administration and implementation of this chapter may be adopted from time to time
either by resolution or ordinance from the City Council, or by the Director (upon
authorization by resolution of the City Council).
Section 8.36.040 Indoor personal marijuana cultivation permit.
A. Permit Application. An applicant shall submit an application to the Director, in a form
provided by the city, and the application shall contain the following information:
1. The address of the property where marijuana cultivation is to occur.
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2. The name of the applicant and a statement as to whether the applicant is an owner
or tenant of the property where marijuana cultivation is to occur.
3. If the applicant is not the owner of the property, property owner acknowledgement, in
a form provided by the city, that the property owner consents to the cultivation of
marijuana at the marijuana cultivation site.
4. Proof, in a form acceptable to the city, that the cultivation site has been inspected
and approved by the code enforcement division of the city. Such inspections shall be
for the purpose of determining whether the proposed cultivation site meets the
requirements of this chapter, as well as other applicable chapters of the Irwindale
City Code.
5. A scaled property site plan and a scaled diagram of the floor plan of the residence, or
the fully enclosed and secure accessory structure, to be used for cultivation at the
marijuana cultivation site, and an itemized list of measures taken to comply with the
provisions of this chapter, including identification and description of lighting and
equipment to be used for the marijuana cultivation at the residence.
6. Any other information the Director deems necessary to efficiently administer
applications and permits so as to further the purposes of this chapter.
B. Action on Applications.
Upon receipt of a completed application and payment of the application and permit
fees, the Director shall review the information contained in the application to
determine whether the applicant shall be issued the permit.
2. If the Director determines that the applicant has completed the application
improperly, the Director shall notify the applicant within 30 days of receipt of the
application. Applicant will then have 30 days to complete the application. If the
application is not submitted within that time frame, or is resubmitted incomplete, the
Director shall deem the application abandoned, and the applicant may then resubmit
a new application for a new review pursuant to the requirements of this section.
3. Within 60 days of receipt of a completed application, the Director shall complete the
review, approve or deny the application in accordance with the provisions of this
chapter, and so notify the applicant by United States mail, first class postage
prepaid, addressed to the applicant at the address stated in the application.
4. The Director shall grant the application upon affirmative findings for all of the
following requirements:
a. The applicant and the marijuana cultivation site are both in compliance with state
law governing marijuana cultivation; and
b. The applicant and the marijuana cultivation site are both in compliance with all of
the provisions of this chapter, including any regulations promulgated under this
chapter; and
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c. The marijuana cultivation site complies with the building code, fire code,
plumbing code, and any other such applicable code adopted by the city.
C. Permits valid for one year. A permit issued under this section shall automatically expire
one year after issuance.
D. Permit renewals.
A permit holder shall request renewal of a permit at least 60 days, but not sooner
than 90 days, prior to expiration of the permit. Permit holders shall pay a permit
renewal fee and submit to the Director, in a form provided by the city, a renewal
application. The Director shall determine what information is required to be
presented with a renewal application. The renewal application shall include, but not
be limited to, determination whether any information provided with any prior
application (whether an initial application or a renewal application) has changed
since such prior submission.
The Director in his/her discretion may require proof, in a form acceptable to the city,
that the cultivation site has been inspected (since the last inspection) and approved
by the code enforcement division of the city. Such inspections shall be for the
purpose of determining whether the cultivation site, in regards to processing a
renewal application, continues to meet the requirements of this chapter, as well as
other applicable chapters of the Irwindale City Code.
Procedures for processing an initial application shall be followed for processing a
renewal application except as provided herein. The Director shall make a
determination on a permit renewal application within 60 days of receipt of a complete
renewal application. If the renewal application is denied, and the applicant properly
appeals the decision of the Director, the existing permit shall remain valid until a final
determination on the appeal is reached pursuant to the appeals process described in
this chapter.
E. Permit not transferable. A permit issued pursuant to this chapter is non -transferable and
is specific to both the permit holder and the private residence or fully enclosed accessory
structure for which it was issued.
Permit revocation. Permits issued under this section may be revoked by the Director
upon making any of the following findings:
The permit was issued in error or the application contained materially incorrect or
false information.
The marijuana cultivated at the cultivation site has been sold or used for any
commercial use, or any other use or activity prohibited by city or state law, including
but not limited to Sections 11362.1, 11362.2, and 11352.3 of the Health & Safety
Code, and as they may be amended.
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3. The marijuana cultivation site has become a public nuisance or has been operated in
a manner constituting a public nuisance.
4. The marijuana cultivation is not in compliance with the provisions of this chapter.
G. Appeals. Any decision regarding an application for an indoor personal marijuana
cultivation permit may be appealed to the City Manager, or his or her designee, by an
applicant, a permit holder or interested party as follows:
1. Appellant must file a written appeal with the Irwindale City Clerk within 10 calendar
days of the decision. The written appeal shall specify the person making the appeal,
identify the decision appealed from, state the reasons for the appeal, and include any
evidence in support of the appeal.
2. Notice of the time and place of an appeal hearing shall be provided to the appellant
within 30 days of receipt by the Irwindale City Clerk of the written appeal.
3. The appeal hearing shall be held within 60 days of the filing with the Irwindale City
Clerk of the written appeal, unless the 60 -day time limit is waived by the appellant, or
unless the City Manager continues the appeal hearing date for good cause and upon
written notification to the appellant.
4. The City Manager shall review the facts of the matter, written documents submitted
for review, the basis for making the decision which is under appeal, and then
determine whether the Director's decision should be reversed or affirmed. The
determination made shall be in writing, shall set forth the reasons for the
determination, and shall be final.
5. The provisions of Sections 1094.5 and 1094.6 of the Code of Civil Procedure set
forth the procedure for judicial review of any final determination.
H. Fees. An application fee set by resolution of the City Council may be required for formal
processing of every application and appeal made under this chapter. The City Council is
authorized to pass resolutions to recover any and all fees and costs incurred by the
administration and implementation of this chapter through an appropriate fee recovery
mechanism to be imposed upon indoor marijuana cultivators and their operations.
Section 8.36.050 Violations and penalties; public nuisance.
A. Any violation of this chapter, at the discretion of the city prosecutor, is punishable as a
misdemeanor pursuant to Section 1.12.010 ("Unlawful activities designated as
misdemeanor — Penalty") of this Code or as an infraction pursuant to 1. 12.020 ("Unlawful
activities designated as infraction — Penalty") of this Code, except for as preempted by
state law; and, any violation of this chapter is punishable at the discretion of the City,
and in compliance with state law, pursuant to Chapter 1.16 ("Administrative Citations") of
this Code.
B. Public nuisance abatement.
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I . Any cultivation of marijuana that is conducted in violation of any provisions of this
chapter is hereby declared to constitute a public nuisance and, as such, may be
abated or enjoined from further operation, in accordance with the procedures set
forth in Chapter 8.08 of this Code as reasonably applied to the operation of this
chapter.
2. All costs to abate such public nuisance, including attorneys' fees and court costs,
shall be paid by the person causing the nuisance, including the property owner
where the nuisance is occurring.
3. A determination under Chapter 8.08 of this Code that cultivation of marijuana is
operating as a public nuisance shall be a final determination. The provisions of
Sections 1094.5 and 1094.6 of the Code of Civil Procedure set forth the procedure
for judicial review of any such final determination.
C. The remedies described in this section are not mutually exclusive. Pursuit of any one
remedy shall not preclude city from availing itself of any or all available administrative,
civil, or criminal remedies, at law or equity."
SECTION 3. CHAPTER 17.110 (MEDICAL MARIJUANA) IS HEREBY REPEALED IN
ITS ENTIRETY, AND REPLACED BY A NEW CHAPTER 17.110 (MARIJUANA USES AND
ACTIVITIES PROHIBITED), TO READ IN ITS ENTIRETY AS FOLLOWS:
"CHAPTER 17.110 MARIJUANA USES AND ACTIVITIES PROHIBITED
17.110.010 Purpose and intent.
17.110.020 Definitions.
17.110.030 Prohibition of commercial marijuana activities.
17.110.040 Violations and penalties; public nuisance.
Section 17.110.010 Purpose and intent.
A. In order to preserve the public health, safety, and welfare of the residents and
businesses of the city, all marijuana -related businesses, activities and uses are
prohibited, unless local control is otherwise preempted by state law, and except as
provided for by Chapter 8.36 (Personal Marijuana Cultivation).
B. This chapter is not intended to interfere with a patient's right to medical marijuana as
provided for in Section 11362.5 of the Health & Safety Code.
C. The city affirms that Title 17 ("Zoning") of the Irwindale Municipal Code is structured as a
permissive zoning code, wherein any use not enumerated as allowed is prohibited, and
the express prohibitions on commercial marijuana activities imposed by this Chapter
17.110 are enacted to fully comply with requirements of state law when a city desires to
prohibit commercial marijuana activities.
Section 17.110.020 Definitions.
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The following words and phrases shall, for the purposes of this chapter, have the meanings
respectively ascribed to them by this section, as follows:
A. "Cannabis" has the same definition as "marijuana' provided in this Chapter.
B. "Commercial marijuana activity" includes the cultivation, possession, manufacture,
distribution, processing, storing, laboratory testing, packaging, labeling, transportation,
delivery, or sale of marijuana and marijuana products; except, as applicable, as set forth
in Chapter 8.36 (Personal Cultivation of Marijuana) of this Code.
C. "Cultivation" means any activity involving the planting, growing, harvesting, drying,
curing, grading, or trimming of marijuana.
D. "Delivery" means the commercial transfer of marijuana or marijuana products to a
customer, and includes the use of any technology platform owned and controlled by the
same person making such use.
E. "Distribution" means the procurement, sale, and transport of marijuana and marijuana
products between entities licensed for and/or engaged in commercial marijuana
activities.
F. "Distributor" means a person engaged in distribution.
G. "Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare
a marijuana product.
H. "Manufacturer" means a person that conducts the production, preparation, propagation,
or compounding of marijuana or marijuana 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 marijuana or marijuana products or labels or relabels its container.
"Marijuana" has the same definition as provided in Section 26001 of the Business &
Professions Code for the term "cannabis," and as may be amended, defined as "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 cannabis. `Cannabis' does not include the
mature stalks of the plant, fiber produced from the stalks, oil 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 therefrom), fiber, oil, or cake,
or the sterilized seed of the plant which is incapable of germination."
J. "Marijuana products" means marijuana that has undergone a process whereby the plant
material has been transformed into a concentrate, including but not limited to,
concentrated marijuana, or an edible or topical product containing marijuana or
concentrated marijuana and other ingredients.
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K. "Medical marijuana" or "medical marijuana product' means marijuana or a marijuana
product used for medical purposes in accordance with state law, including the
Compassionate Use Act (Health and Safety Code § 11362.5) and the Medical Marijuana
Program Act (Health and Safety Code §§ 11362.7, et seq.).
L. "Microbusiness" shall have the same definition as provided for in Section 26070 of the
Business and Professions Code, and as may be amended from time to time.
M. "Nursery" means a person that produces only clones, immature plants, seeds, and other
agricultural products used specifically for the planting, propagation, and cultivation of
marijuana.
N. 'Person" means any individual, firm, co -partnership, joint venture, association,
corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or
any other group or combination acting as a unit.
O. "Retailer" shall mean a person engaged in the retail sale and delivery of marijuana or
marijuana products to customers
P. "Testing laboratory" means a laboratory, facility, or entity that offers or performs tests on
marijuana or marijuana products.
Section 17.110.030 Prohibition of commercial marijuana activities
A. All commercial marijuana activities, whether medical or recreational (adult use) and
including non-profit operations, are expressly prohibited in all zones (except for as
preempted by state law). No person shall establish, operate, conduct, or allow
commercial marijuana activities anywhere within the city except for as preempted by
state law.
B. The city shall not issue any permit, license, or entitlement for any commercial marijuana
activity (except for as preempted by state law), including, but not limited to, any activity
covered by the state license classifications listed below as provided for in Section 26050
of the Business & Professions Code:
1. Type 1 = Cultivation; Specialty outdoor; Small.
2. Type 1A = Cultivation; Specialty indoor; Small.
3. Type 1 B = Cultivation; Specialty mixed -light; Small.
4. Type 1 C = Cultivation; Specialty cottage; Small.
5. Type 2 = Cultivation; Outdoor; Small.
6. Type 2A = Cultivation; Indoor; Small.
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7. Type 2B = Cultivation; Mixed -light; Small.
8. Type 3 = Cultivation; Outdoor; Medium.
9. Type 3A = Cultivation; Indoor; Medium.
10. Type 3B = Cultivation; Mixed -light; Medium.
11. Type 4 = Cultivation; Nursery.
12. Type 5 = Cultivation; Outdoor; Large.
13. Type 5A= Cultivation; Indoor; Large.
14. Type 5B = Cultivation; Mixed -light; Large.
15, Type 6 = Manufacturer 1.
16. Type 7 = Manufacturer 2.
17. Type 8 = Testing laboratory.
18. Type 10 = Retailer.
19. Type 11 = Distributer.
20. Type 12 = Microbusiness.
C. This prohibition includes any activities authorized under new or revised state licenses, or
any other state authorization, to allow any type, category or classification of medical or
recreational (adult use) marijuana commercial activities, or similar operations, including
non-profit, collective or cooperative operations.
D. The prohibition provided by this section includes medical marijuana collectives and
cooperatives that operate pursuant to Section 11362.775 of the Health & Safety Code,
the Compassionate Use Act, or otherwise.
Section 17.110.040 Violations and penalties; public nuisance.
A. Any violation of this chapter, at the discretion of the city prosecutor, is punishable as a
misdemeanor pursuant to Section 1.12.010 ("Unlawful activities designated as
misdemeanor— Penalty") of this Code or as an infraction pursuant to 1.12.020 ("Unlawful
activities designated as infraction — Penalty") of this Code, except for as preempted by
state law; and, any violation of this chapter is punishable at the discretion of the City,
and in compliance with state law, pursuant to Chapter 1.16 ("Administrative Citations") of
this Code.
B. Public nuisance abatement.
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1. Any commercial marijuana activity that is conducted in violation of any provisions of
this chapter is hereby declared to constitute a public nuisance and, as such, may be
abated or enjoined from further operation, in accordance with the procedures set
forth in Chapter 8.08 of this Code as reasonably applied to the operation of this
chapter.
2. All costs to abate such public nuisance, including attorneys' fees and court costs,
shall be paid by the person causing the nuisance, including the property owner
where the nuisance is occurring.
3. A determination under Chapter 8.08 of this Code that commercial marijuana activity
constitutes a public nuisance shall be a final determination. The provisions of
Sections 1094.5 and 1094.6 of the Code of Civil Procedure set forth the procedure
for judicial review of any such final determination.
C. The remedies described in this section are not mutually exclusive. Pursuit of any one
remedy shall not preclude city from availing itself of any or all available administrative,
civil, or criminal remedies, at law or equity."
SECTION 4. THE FOLLOWING SECTIONS ARE HEREBY DELETED IN THEIR
ENTIRETY FROM CHAPTER 17.08 (DEFINITIONS) OF TITLE 17 (ZONING) OF THE
IRWINDALE MUNICIPAL CODE:
A. 17.08.154 - Delivery.
B. 17.08.366 - Marijuana.
C. 17.08.367 - Marijuana Cultivation.
D. 17.08.368 - Marijuana Processing.
E. 17.08.373 - Medical Cannabis.
F. 17.08.376 - Marijuana Dispensary.
G. 17.08.377 - Mobile Marijuana Dispensary.
H. 17.08.401 - Operation.
SECTION 5. CEQA EXEMPTION. The City Council finds that this ordinance is not
subject to the California Environmental Quality Act ("CEQK) 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 6. SEVERABILITY. If any section, subsection, sentence, clause or phrase
of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The City Council
hereby declares that it would have passed this ordinance, and each section, subsection,
Ordinance No. 715
Page 16
sentence, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared unconstitutional.
SECTION 7. CERTIFICATION AND EFFECTIVE DATE. The City Clerk shall certify to
the passage and adoption of this ordinance by the City Council of the City of Irwindale and shall
cause a summary of this ordinance to be published in accordance with Government Code
Section 36933, in a newspaper of general circulation which is hereby designated for that
purpose, and this ordinance shall take effect thirty (30) days after its passage.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of
the City of Irwindale this 81" day of November 2017.
ATT T:
Piefieto, MMC
ty City Clerk
rk A. Breceda,
Mayor
Ordinance No. 715
Page 17
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.
CITY OF IRWINDALE }
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that
the foregoing Ordinance No. 715 was introduced for first reading at a special meeting
held October 25, 2017 and duly adopted by the City Council of the City of Irwindale, at a
regular meeting held on the 8th day of November 2017, by the following vote:
AYES: Councilmembers: Ambriz, Burrola, Garcia, Ortiz, Mayor Breceda
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None jhie�n
Url.
aura M. Nieto, MMC
f Deputy City Clerk
AFFIDAVIT OF POSTING
I, Laura M. Nieto, Chief Deputy City Clerk, certify that I caused a copy of Ordinance No. 715
adopted by the City Council of the City of Irwindale at its regular meeting held November 8,
20,17, to be posted at the City Hall, Library, and Post Office on November 9, 2017.
M. Nieto, MMC
Deputy City Clerk
Ordinance No. 715
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Dated: 11 % 9 /t