2016-21 RESOLUTION NO. 2016-21
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GRAND TERRACE, CALIFORNIA, RECOMMENDING THAT THE CITY
COUNCIL MAKE A DETERiNATION THAT ZONING CODE AMENDMENT
16-03 IS EXEMPT, PURSUANT TO SECTION 15061(b)(3), FROM THE
CALIFORNIA. ENVIRONMENTAL QUALITY ACT AND RECOMMENDING
THE CITY COUNCIL AMEND THE GRAND TERRACE MUNICIPAL CODE
BY REPEALING AND REPLACING IN ITS ENTIRETY CHAPTER 18.91
(MARIJUANA REGULATIONS) OF TITLE 18 RELATING TO MARIJUANA
REGULATIONS
THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE,
CALIFORNIA HEREBY FINDS,DETERMINES AND RESOLVES AS FOLLOWS:-
SECTION 1. That on September 15, 2016, in compliance with the California
Environmental Quality Act(CEQA),the Planning Commission recommends a determination that
Zoning Code Amendment No. 16-03 constitutes a Categorical Exemption under Section
15061(b)(3) of CEQA.
SECTION 2. The Planning Commission does hereby find, determine and declare as
follows:
WHEREAS, the City of Grand Terrace, pursuant to its police power, may adopt
regulations to,protect the health, safety and welfare of the public, Cal. Const. art. XI, § 7, Cal.
Govt. Code § 37100, and thereby is authorized to declare what use and condition constitutes a
public nuisance; and
WHEREAS, Government Code Section 38771 authorizes the City through its legislative
body to declare actions and activities that constitute a public nuisance; and
WHEREAS, in 1970, Congress enacted the Controlled Substances Act (21 U.S.C.
Section 801 et seq.) which, among, other things, makes it illegal to import, manufacture,
distribute, possess, or use marijuana for any purpose in the United States and further provides
criminal penalties for marijuana possession, cultivation and distribution; and
WHEREAS, the People of the State of California have enacted Proposition 215, the
Compassionate Use Act of 1996 (codified at Health and Safety Code Section 11362.5 et seq.)
(the "CUA"), which exempts qualified patients and their primary caregivers from criminal
prosecution under enumerated Health and Safety Code sections for use of marijuana for medical
purposes; and
RESOLUTION 2016-21 1 PAGE OF 1 SEPTMEBER 29, 2016
( WHEREAS, the California Legislature enacted Senate Bill 420 in 2003., the Medical
Marijuana Program Act (codified at Health and Safety Code Section 11362.7 et seq.) (the
"MMPA"), as amended, which created a state-wide identification card scheme for qualified
patients and primary caregivers; and
WHEREAS, on October 11, 2015, the Governor signed into law Senate Bill 643,
Assembly Bill 266, and Assembly Bill 243, collectively referred to as the Medical Marijuana
Regulation and Safety Act ("MMRSA"), effective January 1, 2016, which established a state
licensing system for medical marijuana cultivation, manufacturing, delivery, and dispensing,
regulating these activities with licensing requirements and regulations that are only applicable if
cities and counties also permit marijuana cultivation, manufacturing, dispensing, and delivery
within their jurisdictions. Effective June 27, 2016, SB 837 changed the name of the Medical
Marijuana Regulation and Safety Act to the Medical Cannabis Regulation and Safety Act
("MCRSA"). Under the MCRSA, cities and counties may continue to regulate and/or prohibit
medical marijuana cultivation, manufacturing, dispensing, and delivery, consistent with their
respective police powers, in which case the new law would not allow or permit these activities
within the cities and counties where such activities are not otherwise permitted; and
WHEREAS, the City of Grand Terrace enacted Ordinance No. 288 in 2016, which
prohibited various types of uses related to medical marijuana; and
- , WHEREAS, on February 3, 2016, Assembly Bill 21 (Wood) was signed by the
,.' Governor, amending provisions of MCRSA pertaining to cultivation licenses by eliminating a
March 1, 2016 deadline for local jurisdictions for the promulgation of cultivation regulations or
cultivation bans other local jurisdictions would lose the ability to regulate to the State. Assembly
Bill 21 also modified language in Health & Safety Code section 11362.777(g), which pertained
to exemptions from licensing requirements for qualified patients and caregivers. The prior
language, which specifically stated that local governments retained the right to prohibit
cultivation without exception, was revised to state: "Exemption from the requirements of this
section does not limit or prevent a city, county, or city and county from exercising its police
authority under Section 7 of Article XI of the California Constitution.";'and
WHEREAS, notwithstanding the CUA, the MMPA, and the MCRSA as amended,
marijuana remains a schedule I substance pursuant to California Health & Safety Code § 11054
(d)(13); and
WHEREAS, marijuana also remains a schedule I substance pursuant to federal law, 21
U.S.C. § 812, Schedule 1 (c) (10), and federal law does not provide for any medical use defense
or exception (Gonzales v. Raich, 545 U.S. 1 (2005); United States v. Oakland Cannabis Buvers'
Coop., 532 U.S. 483 (2001)); and
WHEREAS, the California Supreme Court has established that neither the CUA nor the
MMPA preempt local regulation in the case of Citv of Riverside v. Inland Empire Patients
Health and Wellness Center, Inc., 56 CalAth 729 (2013); and
RESOLUTION 2016-21 1 PAGE OF 2 SEPTMEBER 29, 2016
WHEREAS, the MMRSA expressly allows cities and counties to ban marijuana
cultivation consistent with current state law including the Maral v. City of Live Oak, 242
Cal.AppAth 940 (2013); and
WHEREAS, on November 8, 2016, the electorate of the State of California will vote on
Proposition 64 ("Prop 64"), to approve or not approve the Adult Use of Marijuana Act
("AUMA"), to be codified in California Health and Safety Code at various sections and in
California Business and Professions Code at various sections. The AUMA, if enacted, will allow
adults 21 and over to use, possess, and cultivate limited amounts of marijuana, establishes a state
licensing and regulatory scheme for marijuana businesses serving the recreational market; and
will expressly allow local jurisdictions to prohibit outdoor cultivation of marijuana,for personal
use, to regulate indoor cultivation of marijuana for personal use, and to prohibit all non-medical
and recreational marijuana businesses from locating and operating within their jurisdictions; and-
WHEREAS, this Ordinance shall only become effective if Prop 64 is passed by a
majority of the electorate at the November 8,.2016 statewide election. If Prop 64 passes, this
Ordinance shall become effective immediately, and the regulations contained herein shall take
full force and effect immediately. If Prop 64 does not pass, then this Ordinance shall be
automatically revoked on the date the official election results of the State of California have been
certified.
WHEREAS, possession of marijuana and concentrated marijuana is governed by State
law. California Health and Safety Code, Section 11357 sets forth the criminal punishment or
adjudication for possession of marijuana and concentrated cannabis in violation of State law; and
WHEREAS, the City Council of the City of Grand Terrace finds that it is in the interest
of the health, safety and welfare of the City to make explicit that, to the extent allowable under
state law, all marijuana related use and activity of any kind. as set forth herein, whether medical,
recreational, or otherwise, is prohibited everywhere in the City and is a public nuisance per se,
consistent with State law, and
WHEREAS, the City Council of the City of Grand Terrace finds and clarifies this
prohibition does not apply to prohibit qualified patients and persons with identification cards to
cultivate indoors, possess, and use marijuana for their own personal medical purposes only, as
permitted by state law; but that nothing herein shall be construed to authorize qualified patients.
to engage in the collective cultivation of marijuana as described by Health and Safety Code
section 11362.775, nor are they permitted to cultivate marijuana above limits established by
State law and guidelines for their own personal use; and
WHEREAS, the City of Grand Terrace, pursuant to the provisions of the California
Environmental Quality Act ("CEQA") (California Public Resources Code Sections 21000 et
seq.) and State CEQA guidelines (Sections 15000 et seq.) has determined that the Ordinance is
exempt pursuant to Section 15061(b)(3)of Title 14 the California Code of Regulations; and
RESOLUTION 2016-21 1 PAGE OF 3 SEPTMEBER 29,2016
WHEREAS, the proposed amendment will not be detrimental to the health, safety,
morals, comfort or general welfare of the persons residing or working within the neighborhood
of the proposed amendment or within the city or injurious to property or improvements in the
neighborhood or within the city.
WHEREAS, the proposed amendment is consistent with the latest adopted general
plan,
WHEREAS, the Planning Commission held a duly noticed public hearing on Zoning
Code Amendment No. 16-03 on September 15, 2016, and based on the public testimony, staff
analysis and advice of the City Attorney,the Planning Commission determined that Zoning Code
Amendment 16-03 is consistent with the City's General Plan; and,
SECTION 3. Based upon the above findings and determinations, the Planning
Commission hereby recommends approval of Zoning Code Amendment 16-03 to the City
Council, as contained in attached Exhibit No. I .of this resolution and incorporated herein by
reference.
SECTION 4. Should any section, subsection, clause or provision of this Resolution for
any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall
not affect the validity or constitutionality of the remaining portions of this Resolution, it being
hereby expressly declared that this Resolution, and each and every section, subsection, sentence,
clause and phrase hereof would have been prepared, proposed, approved, adopted and/or ratified
irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases of
this Resolution be declared invalid or unconstitutional
SECTION 5. The Planning Commission Secretary will certify to the adoption of this
Resolution.
RESOLUTION 2016-21 1 PAGE OF 4 SEPTMEBER 29,2016
i
PASSED,APPROVED AND ADOPTED this 29th day of September,2016.
AYES: Commissioners Goatcher, Giroux, Cesena & Chairman Comstock
NOES:
ABSENT: Commissioner Allen
ABSTAIN:
ATTEST:
al 6/
Jessica Lambarena om Comsto
Secretary Chairman
RESOLUTION 2016-21 1 PAGE OF 5 SEPTMEBER 29, 2016
i
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GRAND TERRACE, CALIFORNIA, DETERMINING
THIS ORDINANCE IS EXEMPT, PURSUANT TO SECTION
15061(b)(3), FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT AND.AMENDING THE GRAND TERRACE
MUNICIPAL CODE BY REPEALING AND REPLACING IN
ITS ENTIRETY CHAPTER 18.91 (MARIJUANA
REGULATIONS) OF TITLE 18 RELATING TO
MARIJUANA ACTIVITY.
WHEREAS, the City of Grand Terrace, pursuant to its police power, may adopt
regulations to protect the health, safety and welfare of the public, Cal. Const. art. XI, § 7, Cal.
Govt. Code § 37100, and thereby is authorized to declare what use and condition constitutes a
public nuisance; and
WHEREAS, Government Code Section 38771 authorizes the City through its legislative
body to declare actions and activities that constitute a public nuisance; and
WHEREAS, in 1970, Congress enacted the Controlled Substances Act (21 U.S.C.
Section 801 et seq.) which, among other things, makes it illegal to import, manufacture,
distribute, possess; or use marijuana for any purpose in the United States and further provides
criminal penalties for marijuana possession, cultivation and distribution; and
WHEREAS, the People of the State of California have enacted Proposition 215, the
Compassionate Use Act of 1996 (codified at Health and Safety Code Section 11362.5 et seq.)
(the "CUA"), which exempts qualified patients and their primary caregivers ,from criminal
prosecution under enumerated Health and Safety Code sections for use of marijuana for medical
purposes; and
WHEREAS, the California Legislature enacted Senate Bill 420 in 2003, the Medical
Marijuana Program Act (codified at Health and Safety Code Section 11362.7 et seq.) (the
"MMPA"), as amended, which created a state-wide identification card scheme for qualified
patients and primary caregivers; and
WHEREAS, on October 11, 2015, the Governor signed into law Senate Bill 643,
Assembly Bill 266, and Assembly Bill 243, collectively referred to as the Medical Marijuana
Regulation and Safety Act ("MMRSA"), effective January 1, 2016, which established a state
licensing system for medical marijuana cultivation, manufacturing, delivery, and dispensing,
regulating these activities with licensing requirements and regulations that are only applicable if
cities and counties also permit marijuana cultivation, manufacturing, dispensing, and delivery
within their jurisdictions. Effective June 27, 2016, SB 837 changed the name of the Medical
Marijuana Regulation and Safety Act to the Medical Cannabis Regulation and Safety Act
("MCRSA"). Under the MCRSA, cities and counties may continue to regulate and/or prohibit
medical marijuana cultivation, manufacturing, dispensing, and delivery, consistent with their
RESOLUTION 2016-21 1 PAGE OF 6 SEPTMEBER 29,2016
respective police powers, in which case the new law would not allow or permit these activities
within the cities and counties where such activities are not otherwise permitted; and
WHEREAS, the City of Grand Terrace enacted Ordinance No. 288 in 2016, which
prohibited various types of uses related to medical marijuana; and
WHEREAS, on February 3, 2016, Assembly Bill 21 (Wood) was signed by the
Governor, amending provisions of MCRSA pertaining to cultivation licenses by eliminating a
March 1, 2016 deadline for local jurisdictions for the promulgation of cultivation regulations or
cultivation bans other.local jurisdictions would lose the ability to regulate to the State. Assembly
Bill 21 also modified language in Health & Safety Code section 11362.777(g), which pertained
to exemptions from licensing requirements for qualified patients and caregivers. The prior
language, which specifically stated that local governments retained the right to prohibit
cultivation without exception, was revised to state: "Exemption from the requirements of this
section does not limit or prevent a city, county, or city and county from exercising its police
authority under Section 7 of Article XI of the California Constitution."; and
WHEREAS, notwithstanding the CUA, the MMPA, and the MCRSA as amended,
marijuana remains a schedule I substance pursuant to California Health & Safety Code § 11054
(d) (13); and
WHEREAS, marijuana also remains a schedule I substance pursuant to federal law, 21
U.S.C. § 812, Schedule 1 (c) (10), and federal law does not provide for any medical use defense
or exception (Gonzales v. Raich. 545 U.S. 1 (2005); United States v. Oakland Cannabis Buvers'
j Coop., 532 U.S. 483 (2001)); and
WHEREAS, the California Supreme Court has established that neither the CUA nor the
MMPA preempt local regulation in the case of Citv of Riverside v. Inland Empire Patients
Health and Wellness Center, Inc.. 56 CalAth 729 (2013); and
WHEREAS, the MMRSA expressly allows cities and counties to ban marijuana
cultivation consistent with current state law including the Maral v. City_ of Live Oak. 242
Cal.App.4th 940 (2013); and
WHEREAS, on November 8, 2016, the electorate of the State of California will vote on
Proposition 64 ("Prop 64"), to approve or not approve the Adult Use of Marijuana Act
("AUMA"), to be codified in California Health and Safety Code at various sections and in
California Business and Professions Code at various sections. The AUMA, if enacted;will allow
adults 21 and over to use,possess, and cultivate limited amounts of marijuana, establishes a state
licensing and regulatory scheme for marijuana businesses serving the recreational market; and
will expressly allow local jurisdictions to prohibit outdoor cultivation of marijuana for personal
use, to regulate indoor cultivation of marijuana for personal use, and to prohibit all non-medical
and recreational marijuana businesses from locating and operating within their jurisdictions; and
WHEREAS, this Ordinance shall only become effective if Prop 64 is passed by a
majority of the electorate at the November 8, 2016 statewide election. If Prop 64 passes, this
Ordinance shall become effective immediately, and the regulations contained herein shall take
full force and effect immediately. If Prop 64 does not pass, then this Ordinance shall be
RESOLUTION 2016-21 1 PAGE OF 7 SEPTMEBER 29,2016
automatically revoked on the date the official election results of the State of California have been
certified.
WHEREAS, possession of marijuana and concentrated marijuana is governed by State
law. California Health and Safety Code, Section 11357 sets forth the criminal punishment or
adjudication for possession of marijuana and concentrated cannabis in violation of State law; and
WHEREAS, the City Council of the City of Grand Terrace finds that it is in the interest
of the health, safety and welfare of the City to make explicit that, to the extent allowable under
state law, all marijuana related use and activity of any kind as set forth herein, whether medical,
recreational, or otherwise, is prohibited everywhere in the City and is a public nuisance per se,
consistent with State law, and
WHEREAS, the City Council of the City of Grand Terrace finds and clarifies this
prohibition does not apply to prohibit qualified patients and persons with identification cards to
cultivate indoors, possess, and use marijuana for their own personal medical purposes only, as
permitted by state law; but that nothing herein shall be construed to authorize qualified patients
to engage in the collective cultivation of marijuana as described by Health and Safety Code
section 11362.775, nor are they permitted to cultivate marijuana above limits established by
State law and guidelines for their own personal use; and
WHEREAS, the City of Grand Terrace, pursuant to the provisions of the California
Environmental Quality Act ("CEQA") (California Public Resources Code Sections 21000 et
seq.) and State CEQA guidelines (Sections 15000 et seq.) has determined that the Ordinance is
exempt pursuant to Section 15061(b)(3) of Title 14 the California Code of Regulations; and
WHEREAS, the City Council finds that the provisions of this Ordinance are consistent
with the City of Grand Terrace's General Plan; and
WHEREAS, all legal prerequisites prior to the adoption of this ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Pursuant to the provisions of the California Environmental Quality Act
("CEQA") (California Public Resources Code Sections 21000 et seq.) and State CEQA
-guidelines (Sections 15000 et seq.) this Ordinance is exempt pursuant to Section 15061(b)(3) of
Title 14 the California Code of Regulations.
SECTION 2. Chapter 18.91 ("Marijuana Regulations") of Title 18 ("Zoning") of the
Grand Terrace Municipal Code is repealed in its entirety and shall be replaced with the
following:
Chapter 18.91 —Marijuana Regulations
Section 18.91.010—Purpose and findings.
The City Council of the City of Grand Terrace hereby finds and determines that it is the purpose
and intent of this chapter to prohibit medical and non-medical commercial cannabis activity,
including cultivation, possession, manufacture, processing, storing, laboratory testing, labeling,
RESOLUTION 2016-21 1_PAGE OF 8 SEPTMEBER 29,2016
transporting, distribution, and sale of non-medical cannabis products and medical cannabis
products within the meaning of California Business and Professions Code Section 19300 et seq,
and to prohibit personal marijuana cultivation outdoors, to the extent permitted by state law, in
order to promote the health, safety_ , morals and general welfare of the residents and the
businesses within the city.
Section 18.91.020 -Applicability.
A. Nothing in this chapter is intended, nor shall it be construed, to burden any defense to
criminal prosecution under the Compassionate Use Act.
B. All the provisions of this chapter shall apply to all property, public and private, within
the city.
C.All the provisions of this chapter shall apply indoors and outdoors.
D. Nothing in this chapter is intended, nor shall it be construed, to conflict with the
Medical Cannabis Regulation and Safety Act, the Adult Use of Marijuana Act, or any
other applicable state law.
Section 18.91.030 -Definitions.
A. "Commercial cannabis activity" shall mean the cultivation, possession, manufacture,
processing, storing, laboratory testing, labeling, transporting, distribution, or sale of
marijuana and marijuana products, including medical and non-medical marijuana, non-
- , medical cannabis products and medical cannabis products within the meaning of
California Business and Professions Code Section 19300 et seq.
A. "Marijuana" shall have the same definition as that set forth in California Health and
Safety Code Section 11018.
B. "Marijuana cultivation" shall mean the -planting, growing, harvesting drying or
processing of marijuana plants or any part thereof for any purpose, including
medical marijuana and non-medical recreational marijuana, and shall include both indoor
and outdoor cultivation.
C. "Medical marijuana" shall mean marijuana used for medical purposes in accordance
with California Health and Safety Code section 11362.5.
F. "Operation" means any effort to locate, operate, own, lease, supply, allow to be
operated, or aid, abet or assist in the operation of commercial cannabis activity.
G. "Person" means any person, firm, corporation, association, club, society, or other
organization. The term person shall include any owner, manager, proprietor, employee,
volunteer or salesperson.
18.91.040—Commercial cannabis activity prohibited
RESOLUTION 2016-21 1 PAGE OF 9 SEPTMEBER 29,2016
A. Commercial cannabis activity by any person, including primary caregivers, qualified
patients and dispensaries, is prohibited in all zoning districts within the City of Grand
Terrace.
B. Delivery of all marijuana and marijuana products,to locations within City, whether for
medical or non-medical use, is prohibited.
C. Outdoor marijuana cultivation by any person, including primary caregivers and
qualified patients, for any purpose including medical or non-medical (recreational)
purposes is prohibited in all zoning districts within the City of Grand Terrace.
D. Cultivation of marijuana indoors, as authorized by state law, shall be permitted within
private residences by persons 21 years of age or older, provided that the cultivation is
conducted in compliance with state law. No person shall cultivate more marijuana plants
indoors than is expressly authorized by Health and Safety Code section 11362.2.
Section 18.91.050 -Declaration of public nuisance.
Any use, structure, or property that is altered, enlarged, erected, established, maintained,
moved, or operated contrary to the provisions of this chapter, is hereby declared to be
unlawful and a public nuisance and may be abated by the city through civil proceedings
by means of a restraining order, preliminary or permanent injunction, or in any other
manner provided by law for the abatement of such nuisances, including but not limited to
the remedies provided for in Section 18.45.050 of this code.
L� Section 18.91.060 -Violations.
A. Violations of this chapter shall be subject to administrative penalties pursuant to
Chapter 1.05 of this Code and other civil remedies as be available under state and/or
federal law.
B. This chapter is not the exclusive means for the abatement of illegal marijuana
businesses or activity within the city of Grand Terrace. The remedies set forth pursuant to
this section shall be in addition to any other existing remedies for violations of the
Zoning Code, including but not limited to, any action at law or equity.
SECTION 3..Any provision of the Grand Terrace Municipal Code or appendices thereto
inconsistent with the provisions of the Ordinance, to the extent of such inconsistencies and no
further, are repealed or modified to that extent necessary to affect the provisions of this
Ordinance.
SECTION 4. If any section, subsection, sentence, clause, phrase, or portion of this
Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not.affect the validity of the remaining portions of
this Ordinance. The City Council of the City of Grand Terrace hereby declares that it would have
adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof
irrespective of the fact that any one or more sections, subsections, sentences, clauses,phrases, or
portions be declared invalid or unconstitutional.
i
RESOLUTION 2016-21 1 PAGE OF 10 SEPTMEBER 29,2016
t , SECTION 5. Severability. If any provision of this ordinance or the application thereof
to any person.or circumstance is held invalid, the remainder of the ordinance and the application
of such provision to other persons or circumstances shall not be affected thereby.
SECTION 6. The Mayor shall sign and the City Clerk shall attest to the passage of this
Ordinance. The City Clerk shall cause the,same to be published once in the official newspaper
within 15 days after its adoption. This Ordinance shall become effective 30 days from its
adoption.
PASSED,APPROVED AND ADOPTED this day of , 2016.
ATTEST:
Pat Jacquez-Nares Darcy McNaboe
City Clerk Mayor
RESOLUTION 2016-21 1 PAGE OF 11 SEPTMEBER 29, 2016
I, Patricia Jacquez-Nares, City Clerk of the City of Grand Terrace, do hereby certify that the
foregoing Ordinance was introduced and adopted at a regular meeting of the City Council of the
City of Grand Terrace held on the day of , 2016.
AYES:
NOES:
ABSENT:
ABSTAIN:
Pat Jaquez-Nares
City Clerk
Approved as to form:
Richard L.Adams, II
City Attorney
RESOLUTION 2016-21 1 PAGE OF 12 SEPTMEBER 29, 2016