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Home My WebLink AboutOrdinance - 2481 - Amend Title 6 \"r ~ '., . 1.. ./ -- e ORDINANCE NO. 2481 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDDING AMENDING TITLE 6 (BUSINESS TAXES, LICENSES AND REGULATIONS), CHAPTER 6.12 (MEDICAL MARIJUANA COLLECTIVES AND COOPERATIVES) OF THE REDDING MUNICIPAL CODE BY REPEALING SECTIONS 6.12.010 THROUGH 6.12.140 AND RE- ENACTING SECTIONS 6.12.010 THROUGH 6.12.040, AMENDING TITLE 18 (ZONING), CHAPTER 18.33 (COMMERCIAL DISTRICTS) TO AMEND SCHEDULE 18.33.020-A RELATIVE TO PERMISSIBLE ZONES FOR MEDICAL MARIJUANA COLLECTIVES AND COOPERATIVES, CHAPTER 18.34 (INDUSTRIAL DISTRICTS), SECTION 18.34.020 (LAND USE REGULATIONS), SCHEDULE 18.34.020-A (USE REGULATIONS - "INDUSTRIAL" DISTRICTS) RELATIVE TO MEDICAL MARIJUANA NURSERIES AND CHAPTER 18.60 (USE CLASSIFICATIONS), SECTION 18.60.070 (AGRICULTURE AND EXTRACTIVE USE CLASSIFICATIONS ALL RELATED TO THE EST ABLISHMENT OR CONTINUED OPERATION OF MEDICAL MARIJUANA COOPERATIVES OR COLLECTIVES WHEREAS, in 1996 the voters of the State of California approved Proposition 215 which was codified as Health and Safety Code Section 11362.5, et seq., and entitled "The Compassionate Use Act of 1996" ("the Act"); and WHEREAS, the intent of the Act was to enable persons who are in need of marijuana for medical purposes to obtain and use it under limited, specific circumstances; and WHEREAS, on January 1, 2004, Senate Bill 420 became effective to clarify the scope of the Act and to allow cities and counties to adopt and enforce rules and regulations consistent with SB 420 and the Act; and . I WHEREAS, In February 2009 the U.S. Attorney General stated that federal law enforcement officials would cease enforcement at California medical marijuana facilities; and WHEREAS, in December 2009 the City of Redding introduced an Ordinance created Chapter 6.12 of the Redding Municipal Code establishing a comprehensive police licensing and regulatory scheme for the permitting, control, and regulation of Medical Marijuana Collectives and Cooperatives ("MMCC's") consisting often or more persons; and WHEREAS, on October 7, 2011, the four U.S. Attorneys in California, including Benjamin B. Wagner, the United States Attorney for the Eastern District of California, stated the federal government position as follows: "Large commercial operations cloak their moneymaking activities in the guise of helping sick people when in fact they are helping themselves. Our interest is in enforcing federal criminal law, not prosecuting seriously sick people and those who are caring for them. Weare making these announcements together today so that the message is absolutely clear that commercial marijuana operations are illegal under federal law, and that we will enforce federal law;" and o 1 ;}b -c. ~ - 1 '.( " -, .... l-, e e WHEREAS, on November 4, 2011, a decision of the Second District Court of Appeal became final in the Pack v. City of Long Beach case wherein it was determined that federal law preempts cities from using a police licensing and comprehensive permitting scheme for the regulation oflarge scale MMCC's; and WHEREAS, the Medical Marijuana Program Act, at Health & Safety Code section 11362.768, authorizes the City of Redding to adopt an ordinance restricting the establishment of MMCC's; and WHEREAS, effective January 1, 2012, AB 1300, amending Health & Safety Code section 11362.83, additionally authorizes the City of Redding to adopt an ordinance restricting the establishment ofMMCC's; and WHEREAS, as part of the City's police licensing regulations, persons applying for and responsible for day-to-day operations of MMCC's are subject to, and must satisfactorily pass, a criminal background check for the purpose of ensuring persons in these positions do not have a criminal record relative to illegal drug trafficking offenses. In the two-year history of police license regulations in the City of Redding, individuals have been disqualified from operating MMCC's due to this requirement. The Pack decision now precludes the City of Redding from conducting criminal background screening checks to protect the public peace, health, and safety. Therefore, this urgency ordinance to ban large scale Collectives and Cooperatives is needed for the immediate preservation of the public peace, health, and safety; and WHEREAS, as part of the City's police licensing regulations, MMCC's are required to create and put on file with the Redding Police Department an Operations and Security Plan, in part to ensure that regulations relative to loitering, smoking, and nuisance activity on the premises ofthe MMCC's are followed and enforced. In the two-year history of police license regulations in the City of Redding, a MMCC permit has been suspended due to these type of issues. When reinstated and/or renewed, a condition was placed into the permit requiring the offending MMCC to employ private security to patrol the premises. No further complaints have been received. The Pack decision now precludes the City of Redding from permitting MMCC's and conditioning MMCC's to have an adequate security plan and security measures in place to protect the public peace, health, and safety. Therefore, this urgency ordinance to ban large scale Collectives and Cooperatives is needed for the immediate preservation of the public peace, health, and safety; and WHEREAS, as part of the City's police licensing regulations, MMCC's are required to operate as a closed not-for-profit operation consistent with SB 420 and the California Attof!1ey General Guidelines. MMCC's are subject to random inspection and audit to ensure compliance. The Pack decision now precludes the City of Redding from requiring, inspecting, auditing, and enforcing adherence to SB 420 and the California Attorney General Guideline, which are intended to accommodate legitimate medical marijuana usage and prevent illicit and illegal drug trafficking and usage. Therefore, this urgency ordinance to ban large scale Collectives and Cooperatives is needed for the immediate preservation of the public peace, health, and safety; and WHEREAS, Redding Municipal Code section 6.12.120 A.S, a part of the City's police licensing regulatory scheme which is incorporated as a condition in every permit issued by the City, provides that any permit issued to a MMCC is subject to immediate suspension or revocation ifthe "legislature or the courts interpret or change the law in a manner that precludes the operation of the collective or cooperative such that the operation plan is not lawful;" and 2 :' e e \, , i.,-- ;./~ WHEREAS, the legal effect of the Pack case is to render every Operation Plan in existence for permitted MMCC's in the City of Redding to be unlawful; and WHEREAS, the legal effect of the Pack case is to render the City without authority to permit or suspend or revoke any permit issued to any MMCC in the City of Redding; and WHEREAS, for all the above referenced reasons, it is hereby declared and determined to be essential and necessary to use police licensing regulations and permits to regulate and control large scale cultivation and distribution of medical marijuana as means to protect and preserve the peace, health, safety, and welfare of homes and businesses that are adjacent and near such activity and for the public safety and welfare in general. Such necessary oversight, control, and regulation cannot be accomplished if the City is preempted from regulating as the law now has been determined by the Court of Appeal in the Pack case. Therefore, no feasible and/or acceptable alternative exists except to ban large scale MMCC's. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF REDDING AS FOLLOWS: Section 1. The City Council fmds and determines as follows: The above recitals are true and correct and are incorporated herein as if set forth in full and are relied upon independently by the City Council for its adoption of this urgency ordinance. Section 2. Title 6, Chapter 6.12, Sections 6.12.010 through 6.12.140 of the Redding Municipal Code are hereby repealed. Section 3. Title 6, Chapter 6.12, Sections 6.12.10 through 6.12.040 ofthe Redding Municipal Code are hereby reenacted as follows: 6.12.010 Medical Marijuana Cooperative or Collective Defmed. For purposes of this ordinance, "Medical Marijuana Cooperative or Collective" means any not-for-profit site, facility or location where ten or more Qualified Patients and/or Persons with an Identification Card associate, meet, or congregate in order to collectively or cooperatively distribute, sell, dispense, transmit, process, deliver, exchange, or give away marijuana for medicinal purposes pursuant to Health and Safety Code Section 11362.5 et seq. A "Medical Marijuana Cooperative or Collective" shall not include the following uses, as long as the location of such uses are otherwise regulated by this Code or applicable law: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health & Safety Code, a health care facility licensed pursuant to Chapter 2 of Division 2 of the Health & Safety Code, a residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health & Safety Code, a residential hospice, or home health agency licensed pursuant to Chapter 8 ofthe Health & Safety Code, as long any such use complies strictly with applicable law including, but not limited to, Health & Safety Code Section 11362.5, et seq. 6.12.020 Prohibition. A. Any Medical Marijuana Cooperative or Collective with a permit that was issued by the City of Redding pursuant to Chapter 6.12 and which permit was valid prior to the effective date of 3 .f ~ \, 1 'r"'~' '=~ e e the Pack case (i.e. effective on November 3,2011) shall cease operation no later than December 1, 2011, and after such date is hereby prohibited from operating in the City, and no permit or approval of any type shall be issued therefor. B. Any Medical Marijuana Cooperative or Collective without a permit that was issued by the City of Redding pursuant to Chapter 6.12 prior to November 3, 2011, is hereby prohibited in the City, and no permit or approval of any type shall be issued therefor. 6.12.030 Violations and Enforcement. Medical Marijuana Cooperatives or Collectives and Medical Marijuana Nurseries are deemed to be public nuisances as specified in Redding Municipal Code Section 1.15.150.1 and shall be subj ect to enforcement by administrative abatement processes as provided for in Chapter 1.14 and/or Chapter 1.15 of the Redding Municipal Code. 6.12.040 Liability. The provisions of this ordinance shall not be construed to protect Qualified Patients, Primary Caregivers, or any other person from prosecution pursuant to any laws that may prohibit the cultivation, sale, distribution, possession, and/or use of controlled substances. Moreover, cultivation, sale, possession, distribution, and use of Marijuana remain violations of federal law as of the date of adoption of this ordinance, and this ordinance is not intended to, and does not, protect any of the above described persons from arrest or prosecution under those federal laws. Qualified Patients, Primary Caregivers, and any other persons assume any and all risk and any and all liability that may arise or result under state and federal laws from the cultivation, sale, possession, distribution, and/or use of Medical Marijuana. Section 4. Title 18, Chapter 18.33, Schedule 18.33.020-A is hereby revised as follows: Schedule 18.33.020-A: Use Regulations-"Commercial" Districts L7 L7 L6 L7 L7 L7 S S S S S S S S L8 L8 P P Sd P P S S P S U U U U S U L8 L8 P P Sd Sd P P P P S L8 L8 P P P P s Nf&lical~Nmijfrafffl~a:ativesr&t@olfectiv~ p H p B '~.,.__.__.'~ ' .. " .>m>>lv.. -=,,"'~ ~_",' h. .,,-. <:t'~ -- '-- i >~~ ~ Park and Recreation Facilities S S S S S Parkin Public S S S S s 4 ~~ -\ " ~.. e e ./ ""J " ',HZ ,-~', Public Maintenance and Service Facilities - - - - S Public Safety Facilities L8 P L8 P U U Religious Facilities S S S P S S Residential Care, General S - - Sd - - Schools, Public or Private S S S S - S Commercial Uses Adult Business Establishments - - - - - U lS'ee Sec. 18.43.030 Adjacent to an "R" Animal Sales and Services L8 P P P S P District, outdoor kennel! prohibited Large Animal Veterinarv Services - - - P - P Banks and Savings and Loans L4 L4 L4 L4 Sd L4 Bed and Breakfast Establishments - - - Sd Sd - See Sec. 18.43.060 Building Materials and Services - - S S - P Business Services L8 P P P P P Commercial Recreation S S S S S S Commercial Entertainment - P P P P - Convenience Gas Mart S S S S S S lS'ee Sec. 18.43.090 Site development permit- Eating and Drinking Establishments Pirector required fo outdoor seating Bars/Nightclubs/Lounges U S S S S S Restaurants, Full Service P P P P P P Drive-UplDrive- Through Service L3 Sd Sd Sd Sd Sd See Sec. 18.43.080 Food and Beverage Sales P P P P P P Food Preparation p P P P P P Funeral Parlors and Mortuaries - - - P - P Home Improvement Sales and Services L8 L8 P P - P Homeless Shelters - - - - - P See Sec. 18.43.160 Hotels and Motels - - S S S S Must meet Calif Buildin~ Hotel, Residential - - - U U U Code requirement fo efficiency dwelling unit Laboratories - P P P P P Maintenance and Repair Services L9 L9 L9 L9 L9 L9 See Section 18.43.050 Offices, Business and Professional L8 P P P P P Offices, Medical & Dental L8 P P P P P Parking Facilities, Commercial - S S S S S Personal Improvement Services P P P P P P Recreational Vehicle Parks - - - U - U Personal Services P P P P P P Retail Sales p P P P P PILlO )ee Section 18.43.130 Recycling Station L7 L7 L7 L7 L7 L7 Travel Services P P P P P P Vehicle Eauipment Sales and Services Automobile Rentals - - S Sd - Sd Automobile/vehicle Repair, Major - - - Lll Ll3 Lll ~ee Sec. 18.43.050 AutomobileNehicle Repair, Minor - Lll Lll Lll L13 Lll lS'ee Sec. 18.43.050 AutomobileNehicle Sales and Leasing - - S Sd Ll3 Sd Automobile Washing - S S Sd L7 Sd Heavy Equipment Sales, Service, & - - - U S Rental Large Vehicle Sales, Service, & Rental - - - S Ll3 S Vehicle Storage - - - S - S Industrial Uses J Contractors' Office & Shop Buildings - - - - - S Contractors' Storage Yards - - - - - S See Sec. 18.43.130 Handicraft/Custom Manufacturing - L8 L8 L8 L8 P Industrv. General - - U 5 Self-Stora e Warehouses Warehousin and Stora e Trans ortation, Communication, and Utilities Uses Communication Antennaerrransmsn Towers Communication Facilities Within Buildings Frei htltruck Terminals and Warehouses Trans ortation Passen er Terminals Truck Wei Stations Utilities, Ma' or ccesso Uses and Structures Tem ora Uses oncon ormin Uses Specific Limitations: L3 No drive-through service except for establishments not exceeding 150 square feet in developed neighborhood commercial projects exceeding 2 acres in area. Site development permit required. Site development permit required for drive-through. Caretakers' quarters only. Site Development Permit-Director required. Only as an accessory use subject to approval of a site development permit. Small-scale only (5,000 square feet or less). No outdoor storage unless a site development permit is approved by the Director. No shopping centers, power centers, or similar uses allowed. Site development permit required if site abuts an "R" district. Reserved Establishment of new uses is prohibited. Enlargements of existing facilities up to I 0 percent are allowed by site development permit issued by the Director. Other expansions/enlargements, including expansions affecting more than a single parcel, shall require approval of a use permit. Such expansions shall not be approved if they involve property not owned or legally controlled by the business entity prior to adoption of this section. Proof of compliance shall be submitted at the time of application for the expansion/enlargements. Such intensifications shall be subject to compliance with all adopted site and building design criteria and development standards applicable within the zoning district and such other site and building design elements determined necessary by the approving authority to ensure compatibility with surroundin conformin uses. .......~. ;/ L4 L6 L7 L8 L9 LlO Lll Ll2 L-13 e S e U Sd u P u P u S S S S u u ee Sec. 18.43.020 ee Cha fer 18.17 ee Cha fer 18.46 Section 5. Title 18 (Zoning), Chapter 18.34 (Industrial Uses) Section 18.34.020, Schedule 18.34.020-A (Use Regulations-"Industrial" Districts) is hereby amended to amend the use classification for "Medical Marijuana Nursery" to read as follows: Chapter 18.34 Industrial Districts Schedule 18.34.020-A: Use Regulations - Industrial Districts L6 L6 S S U S S See Section 18.43.090 Sd Sd P P Ll7 LI7 LI5 LIS P P See Section 18.43.050 P P See Section 18.43.050 6 . e e ~~ t" ./ , P P S S p p p P See Section 18.43.130 Sd p p p p p S P SalvagelWrecking L14 U S p P Sd L16 L16 See Section 18.40.010 p p S S p p p p p p U Accesso Uses and Structures Tem ora Uses Noncon ormin Uses S eci IC Limitations L6 A single caretakers' quarters only, not to exceed 1,000 square feet. Site development permit required. L14 No outdoor storage, dismantling, or similar activities. L15 Store sales allowed as an accessory use not to exceed 10 percent of floor area. L16 Use permit required for transmission towers. L17 Offices that support industrial uses, business and office parks, and corporate offices, excluding small- scale offices oriented to individuaV ersonal services. Section 6. Title 18 (Zoning), Chapter 18.60 (Use Classifications), Section 18.60.070 (Agriculture and Extractive Uses) is hereby amended to repeal the definition for "Medical Marijuana Nursery." Section 7. This ordinance is urgently needed in that the police regulation of Medical Marijuana Collectives or Cooperatives has been determined as a matter oflaw to be preempted by the federal constitution as determined by the 2nd District Court of Appeal in the Pack v. City o/Long Beach case, and without the ability to regulate, inspect, audit, and condition the' operation of MMCC's as described in the "Whereas" clauses above, MMCC's are public nuisances. Section 8. There is no feasible alternative to enactment of this urgency ordinance that will satisfactorily mitigate or avoid the identified impacts to the public health, safety, and welfare with a less burdensome or restrictive effect. Section 9. This ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060( c)(3) (the activity 7 ~ / .c. t *....,J r "" e e, is not a project as defined in Section 15378) (Title 14, of the California Code of Regulations ) because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 10. Severability. If any provision of this ordinance or the applications thereof to any person or circumstances is held invalid, the remainder of the ordinance and the applications of such provision will remain in effect to the extent permitted by law. Section 11. Effective Date and Term. This urgency ordinance shall take effect immediately upon its adoption by a four- fifths (4/5) vote of the City Council. I HEREBY CERTIFY that the foregoing ordinance was introduced, read and adopted by the City Council at a regular meeting on the 15th day of November, 2011, by the following vote: AYES: NOES: ABSENT: ABSTAIN : COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Bosetti, Dickerson, Jones, Sullivan, and McArthur None None None \ :., I ./ . . . I il,' ___ _ r , ? >~ ..,. " ATT~St: FORM APPROVED: ,.' ~' :.~"i, , ~". PAMELA MIZE~Ci " lerk ~~~ RICHARD A. DUVERNAY, . Attorney IICortp02lClerkslGeneraI\DeenaIResolutions & OrdinancesIOrdsI9.l4(a) Medical Marijuaoa Urgency Ord.wpd 8