HomeMy WebLinkAbout2018-04-10 - AGENDA REPORTS - CANNABIS-RELATED USES AND CULTIVATION PROP 64 MC 1 (2)4
Agenda Item: 4
CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR
CITY MANAGER APPROVAL:
DATE: April 10, 2018
SUBJECT: SECOND READING OF AN ORDINANCE PROHIBITING
CANNABIS-RELATED COMMERCIAL LAND USES AND
RESTRICTING THE HOME CULTIVATION OF CANNABIS IN A
MANNER CONSISTENT WITH PROPOSITION 64 (MASTER CASE
NO. 17-266)
DEPARTMENT: Community Development
PRESENTER: David Peterson
RECOMMENDED ACTION
City Council adopt an ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA CLARITA, CALIFORNIA, APPROVING MASTER CASE NO. 17-
266, CONSISTING OF UDC AMENDMENT 17-003, AMENDING VARIOUS CHAPTERS
OF TITLE 17 (UNIFIED DEVELOPMENT CODE) OF THE SANTA CLARITA MUNICIPAL
CODE CONCERNING CANNABIS-RELATED COMMERCIAL LAND USES AND THE
HOME CULTIVATION OF CANNABIS.
BACKGROUND
Proposition 64 (Prop 64) was passed by voter initiative in November 2016 and allows for the
possession, use, sale, personal and commercial cultivation, manufacturing, testing, and delivery
of recreational cannabis for adults 21 years of age and older. The California Bureau of Cannabis
Control (BCC) began to issue licenses for commercial businesses on January 2, 2018. However,
commercial licenses may only be issued by the BCC if these uses are not prohibited by local
ordinance. Cannabis remains a Schedule 1 drug under the Federal Controlled Substance Act.
The City Council passed a temporary moratorium on commercial cannabis-related land uses on
December 13, 2016. The purpose of the moratorium was to allow staff time to research the issue
and present their findings to the City Council. The moratorium was extended by the City Council
on January 24, 2017, with an expiration date of December 12, 2017.
At the November 28, 2017, City Council meeting, after consideration of s
research and testimony from the public, the City Council directed staff to prepare an ordinance
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which would: 1) prohibit all commercial land uses associated with recreational cannabis; and
2) restrict personal home growth of cannabis in a manner consistent with Prop 64. The City
Council also adopted an Urgency Ordinance extending the existing moratorium on cannabis-
related commercial land uses for an additional year, to expire on December 12, 2018. This was to
allow staff time to prepare documents associated with the ordinance and follow the required
actions, was approved unanimously.
On February 6, 2018, staff presented draft amendment language to Title 17 of the City of Santa
Clarita Unified Development Code (UDC) to the Planning Commission. Consistent with City
Council direction, staff recommended amendments that would prohibit cannabis-related
commercial land uses and regulate the home cultivation of cannabis. The Planning Commission
adopted Resolution P18-03, recommending the City Council approve Master Case No. 17-266
favor, no votes against, and one abstention.
On March 27, 2018, the City Council conducted a Public Hearing for the first reading of a Draft
Ordinance regarding cannabis. Consistent with City Council direction, the Ordinance proposed
to prohibit all commercial cannabis-related land uses and regulate the home cultivation of
cannabis. After conducting the Public Hearing, the City Council passed the Ordinance to a
second reading by unanimous vote. The Ordinance includes garages as a prohibited space in
private residences for purposes of home cultivation.
ALTERNATIVE ACTION
Other actions as identified by the City Council.
FISCAL IMPACT
There is no direct fiscal impact as a result of the recommended action. However, there is a
potential impact to the cost of enforcement activities of the City's Community Preservation and
Building & Safety Divisions, as well as a potential impact to enforcement activities of the Los
Angeles County Sheriff's Department. The extent of these impacts is unknown at this time.
ATTACHMENTS
Ordinance
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ORDINANCE NO. 18-___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA, APPROVING MASTER CASE 17-266, CONSISTING OF
UDC AMENDMENT 17-003, AMENDING VARIOUS CHAPTERS OF
TITLE 17 (UNIFIED DEVELOPMENT CODE), OF THE SANTA CLARITA MUNICIPAL
CODE CONCERNING CANNABIS-RELATED COMMERCIAL LAND USES AND THE
HOME CULTIVATION OF CANNABIS
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. FINDINGS OF FACT. The City Council does hereby make the following
findings of fact:
A. The City of Santa Clarita periodically prepares updates to the Unified Development Code
(UDC);
B. On November 8, 2016, the voters of the State of California approved Proposition 64,
allowing adults 21 years of age and older to possess and use recreational cannabis;
C. The City Council passed a temporary moratorium on commercial marijuana-related land
uses on December 13, 2016. The moratorium was extended by the City Council on
January 24, 2017, with an expiration date of December 12, 2017. The purpose of the
moratorium was to allow staff time to research the issue and present their findings to the
City Council;
D. At their regular meeting on November 28, 2017, after considering a staff presentation and
public testimony, the City Council of the City of Santa Clarita directed staff to prepare a
draft cannabis ordinance prohibiting cannabis-related commercial land uses and
restricting personal cultivation in a manner consistent with Proposition 64. The City
Council also extended the temporary moratorium until December 12, 2018;
E. The Planning Commission held a duly noticed public hearing on this issue commencing
on February 6, 2018, at 7:00 p.m., or later, at City Hall, 23920 Valencia Boulevard, Santa
Attachment: Ordinance (Prop 64 - Ordinance Second Reading)
Clarita, California;
F. At the hearing described above, the Planning Commission considered a staff presentation,
staff report, and public testimony on the UDC Amendments proposed for the project. At
that time, staff proposed amendment language to the UDC consistent with the direction of
the City Council as part of Master Case No. 17-266. The Planning Commission adopted
Resolution P18-03, recommending the City Council approve Master Case No. 17-266,
including UDC Amendment 17-003;
G. The proposed ordinance was duly noticed in accordance with the public hearing noticing
requirements of the UDC, and a one-eighth-page advertisement was placed in The Signal
Newspaper on March 6, 2018;
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H. The City Council held a duly noticed public hearing on this issue commencing on March
27, 2018, at 6:00 p.m., or later, at City Hall, 23920 Valencia Boulevard, Santa Clarita,
California; and
I. At the hearing described above, the City Council considered a staff presentation, staff
report, and public testimony on the UDC Amendments proposed for the project.
SECTION 2. AMENDMENTS: Sections 17.11.020 (Definitions), 17.43.010.7
(Commercial Use Types), 17.57.020 (Property Development Standards Residential), 17.65.030
(Home Occupation Permits, Prohibited Uses), 17.66.025 (Cottage Food Operations), and
17.67.030 (Temporary Uses) are amended, and Section 17.51.005 (Cannabis Standards) is added
to read as follows:
17.11.020 Definitions:
includes: 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
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 geection 11018.5 of
the Health and Safety Code.
The following terms and phrases are defined for the purposes of the UDC:
1. Business and Professions Code
section 26001(k) and includes the cultivation, possession, manufacture, processing, storing,
laboratory testing, labeling, transporting, distribution, or sale of cannabis or cannabis
products as provided under the Medical and Adult Use of Cannabis Regulation and Safety
Attachment: Ordinance (Prop 64 - Ordinance Second Reading)
Act (MAUCRSA).
2.
location where any person or entity establishes, commences, engages in, conducts, or carries
on, or permits another person or entity to establish, commence, engage in, conduct, or carry
on, any medicinal and/or non-medicinal commercial cannabis activity that requires a state
license or nonprofit license under Business and Professions Code sections 26000 and
following, including. but not limited to. cannabis cultivation, cannabis distribution, cannabis
transportation, cannabis storage, manufacturing of cannabis products, cannabis processing,
the sale of any cannabis or cannabis products, and the operation of a cannabis microbusiness.
Commercial cannabis facility also includes any building, facility, use, establishment,
property, or location where cannabis and/or cannabis products are sold or distributed in
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exchange for compensation in any form for medicinal purposes under Health and Safety
Code sections 11362.5 and 11362.7 and following.
3.
and includes any activity involving the planting, growing, harvesting, drying, curing,
grading, or trimming of cannabis.
4.
section 11018.1 and includes cannabis that has undergone a process whereby the plant
material has been transformed into a concentrate, including, but not limited to, concentrated
cannabis, or an edible or topical product containing cannabis or concentrated cannabis and
other ingredients.
17.43.010 Commercial Use Types:
7. Commercial Cannabis Facilities Parking
Commercial cannabis facilities, as defined by section 17.11.020 of the N/A
Unified Development Code, are prohibited in all zones.
NU1 NU2 NU3 NU4 NU5 UR1 UR2 UR3 UR4 UR5 CR CC CN BP I
X X X X X X X X X X X X X X X
17.51.005 Cannabis Standards:
A. Commercial and Temporary Land Uses:
1. Commercial Cannabis Facilities: Commercial cannabis facilities are prohibited in all
zones in the City. No person or entity may establish or operate a commercial cannabis
facility within City limits.
2. Cottage Food Operations: Cottage food operations, including the sale, cultivation,
manufacturing, testing or delivery of cannabis or products containing cannabis, are
prohibited.
3. Home Occupation: Home-based businesses involving the sale, cultivation,
Attachment: Ordinance (Prop 64 - Ordinance Second Reading)
manufacturing, testing, or delivery of cannabis or products containing cannabis are
prohibited.
4. Temporary Uses: Temporary uses and/or events involving the sale, cultivation,
manufacturing, testing, or delivery of cannabis or products containing cannabis are
prohibited.
B. Cannabis Cultivation: No person may cultivate cannabis at any location within the City,
except in compliance with all of the following.
1. All cannabis cultivation within City limits is prohibited except that up to six living
cannabis plants may be cultivated inside a private residence, or inside an accessory
structure to a private residence located upon the grounds of that private residence. Such
cultivation may only occur in residences and accessory structures that are fully enclosed
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and secured against unauthorized entry. Cannabis cultivation is prohibited in garages,
courtyards, on balconies, and in other outdoor spaces.
2. No more than six cannabis plants may be cultivated per private residence at any one time.
3. Cannabis cultivation and storage shall not produce odors that are readily detectable
beyond the boundaries of the residential property where the cannabis cultivation and
storage is located.
4. Cannabis cultivation and storage within multi-family residential units shall not produce
odors that are readily detectable in an adjacent unit.
5. Use of combustible gases for cannabis cultivation within a private residence or accessory
structure, also known as blasting, is prohibited.
6. Indoor lighting used for cultivation of cannabis within a private residence or accessory
structure shall not exceed 1,000 watts per light.
7. A portable, working, fire extinguisher must be kept in the same room within a private
residence or accessory structure where cannabis cultivation is occurring.
8. Cannabis and products containing cannabis must be disposed in a secure waste receptacle
located on the residential property. Disposed cannabis plants and products must be
rendered unusable and unrecognizable by grinding and incorporating cannabis waste with
any non-consumable solid waste.
9. Any alteration of a privat
accommodate residential home growth of cannabis shall be subject to review and
approval of the Building & Safety Division.
17.57.020 Residential Development Standards:
T. The cultivation and storage of cannabis at private residences shall comply with standards set
forth in section 17.51.005 of the Unified Development Code.
17.65.030 Prohibited Uses: The following businesses shall not be operated out of a home and
shall not be permitted by home occupation permits: alcohol sales, food preparation (not including
home-based cottage food operations), firearm and ammunition sales and services, on-site
massage therapists, hairdressers, retail sales, vehicle storage, vehicle sales and vehicle repair,
vehicle dispatch (taxis, towing, etc.), furniture or cabinet making, commercial kennels,
commercial stables, breeding facilities, forensic testing, and the sale, cultivation, manufacturing,
testing, and delivery of cannabis or products containing cannabis.
Attachment: Ordinance (Prop 64 - Ordinance Second Reading)
17.66.025 Cottage Food Operations:
M. The cottage food operation shall not include the sale, cultivation, manufacturing, testing, or
delivery of cannabis or products containing cannabis.
17.66.025 Cottage Food Operations:
N. Additional conditions may be applied as deemed necessary by the Director.
17.67.030 Temporary Uses:
T. Temporary uses and/or events involving the sale, cultivation, manufacturing, testing, or
delivery of cannabis or products containing cannabis are prohibited.
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SECTION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS:
Based upon the foregoing facts and findings, the City Council finds as follows:
A. A Notice of Exemption for this project was prepared in compliance with the California
Environmental Quality Act (CEQA);
B. The project is exempt from the California Environmental Quality Act (CEQA) under
Article 5 section 15061(b)(3), the general rule exemption. The activity is covered by the
general rule that CEQA applies only to projects which have the potential for causing a
significant effect on the environment. Where it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment,
the activity is not subject to CEQA;
C. The documents and other materials that constitute the record of proceedings upon which
the decision of the City Council is based is the Master Case No. 17-266 project file and
that this project file is located within the Community Development Department and is in
the custody of the Director of Community Development; and
D. Based upon the findings set forth above, the City Council hereby finds the Notice of
Exemption for this project has been prepared in compliance with CEQA.
SECTION 4. GENERAL FINDINGS FOR UDC AMENDMENT 17-003 (ZONING
AMENDMENT): Based on the above findings of facts, recitals, and the entire record, including,
without limitation, oral and written testimony and other evidence received at the public hearings,
reports and other transmittals from City staff to the City Council, and upon studies and
investigations made by the City Council, the City Council finds as follows:
A. That the proposal is consistent with the General Plan;
Proposition 64 preserves local land use authority for cities and counties throughout
California regarding commercial land uses. Each city and county in the State of
California can independently determine whether to allow or prohibit the retail sale,
commercial cultivation, manufacturing, testing, and delivery of cannabis within their
Attachment: Ordinance (Prop 64 - Ordinance Second Reading)
jurisdiction, in accordance with local land use and zoning designations. The potential for
local jurisdictions to prohibit commercial cannabis facilities is contemplated by
Proposition 64.
Proposition 64 does not allow local jurisdictions to prohibit personal possession,
smoking, or consumption of cannabis, nor does it allow local jurisdictions to prohibit the
cultivation of up to six plants within a private residence. However, Proposition 64 allows
local jurisdictions to reasonably regulate cultivation of cannabis within a private
residence or accessory structure.
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Regulations included in the draft ordinance are consistent with Proposition 64 and
UDC. Therefore,
the draft ordinance is consistent with the General Plan.
B. The proposal is allowed within the applicable underlying zone and complies with all
other applicable provisions of the UDC; and
UDC section 17.28.010 identifies the City Council as the discretionary authority for
amendments to the UDC. By action of the City Council of the City of Santa Clarita, a
moratorium is currently in place prohibiting recreational cannabis-related land uses and
will expire on December 12, 2018. Further, the City of Santa Clarita currently prohibits
all medicinal cannabis-related land uses by ordinance. The draft ordinance would expand
the existing prohibition of commercial land uses to include recreational cannabis-related
land uses as well.
As noted in Section A, Proposition 64 does not allow local jurisdictions to prohibit
personal possession, smoking, or consumption of cannabis, nor does it allow local
jurisdictions to prohibit the cultivation of up to six plants within a private residence.
However, Proposition 64 allows local jurisdictions to reasonably regulate cultivation of
cannabis within a private residence or accessory structure.
C. The proposal will not endanger, jeopardize, or otherwise constitute a hazard to the public
convenience, health, interest, safety, or general welfare, or be materially detrimental or
injurious to the improvements, persons, property, or uses in the vicinity and zone in
which the property is located.
By action of the City Council of the City of Santa Clarita, a moratorium is currently in
place prohibiting recreational cannabis-related land uses and will expire on December 12,
2018. Further, the City of Santa Clarita currently prohibits all medicinal cannabis-related
land uses by ordinance. The draft ordinance would expand the existing prohibition of
commercial land uses to include recreational cannabis-related land uses as well.
D.
physical suitability for the site shall include, but are not limited to, the following:
Attachment: Ordinance (Prop 64 - Ordinance Second Reading)
1. The design, location, shape, size, and operating characteristics are suitable for the
proposed use;
2. The highways or streets that provide access to the site are of sufficient width and are
improved as necessary to carry the kind and quantity of traffic such proposal would
generate;
3. Public protection service (e.g., Fire protection, Sheriff protection, etc.) are readily
available;
4. The provision of utilities (e.g., potable water, schools, solid waste collection and
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disposal, storm drainage, wastewater collection, treatment, and disposal, etc.) is
adequate to serve the site.
The proposal is physically suitable for the site in terms of location, shape, size, and
operating characteristics. The amendments are minor and do not change the scope or
goals of the General Plan or UDC. Because no new development is included in this
request, the proposed amendments would not change or impact existing traffic
patterns, nor impact the level of service currently provided by the Los Angeles
County Fire Department or the Los Angeles County Sherif
project area is likewise served by all applicable utilities. Nothing in the proposed
amendments would significantly increase demand for utilities.
SECTION 5. ADDITIONAL FINDINGS FOR UDC AMENDMENT 17-003 (ZONING
AMENDMENT): Based upon the foregoing facts and findings for Master Case No. 17-266
including UDC Amendment 17-003 (Zoning Amendment), the Planning Commission
recommends the City Council hereby find as follows:
A. The amendment is consistent with the adjacent area, if applicable;
B. The amendment is consistent with the principles of the General Plan;
C. Approval of the amendment will be in the interest of public health, convenience, safety,
and general welfare, and in conformity with good zoning practice;
D. The amendment is consistent with other applicable provisions of this code; and
E. Is necessary to implement the General Plan and/or that the public convenience, the
general welfare, or good zoning practice justifies such action.
UDC Amendment 17-003 (Zoning Amendment) is consistent with the applicable
provisions of the General Plan and the UDC. The proposed amendments reflect City
Council direction to prepare an ordinance prohibiting cannabis-related commercial land
uses and regulate the home cultivation of cannabis. The proposed amendments are also
consistent with the current prohibition on medicinal cannabis-related commercial land
uses.
SECTION 6. If any portion of this Ordinance is held to be invalid, that portion shall be
stricken and severed, and the remaining portions shall be unaffected and remain in full force and
Attachment: Ordinance (Prop 64 - Ordinance Second Reading)
effect.
SECTION 7. This Ordinance shall be in full force and effect thirty (30) days from its
passage and adoption.
SECTION 8. The City Clerk shall certify to the passage of this Ordinance and shall
cause the same to be published as required by law.
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th
PASSED, APPROVED, AND ADOPTED this 10 day of April 2018.
______________________________
MAYOR
ATTEST:
CITY CLERK
DATE:________________________
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that the
foregoing Ordinance 18- was regularly introduced and placed upon its first reading at a
th
regular meeting of the City Council on the 27 day of March 2018. That thereafter, said
th
Ordinance was duly passed and adopted at a regular meeting of the City Council on the 10 day
of April 2018, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
Attachment: Ordinance (Prop 64 - Ordinance Second Reading)
ABSENT: COUNCILMEMBERS:
AND I FURTHER CERTIFY that the foregoing is the original of Ordinance No. 18-
and was published in The Signal newspaper in accordance with State Law (G.C. 40806).
______________________________
CITY CLERK
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