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300 ORDINANCE NO. 300 AN URGENCY ORDINANCE OF THE CITY OF GRAND TERRACE PURSUANT TO GOVERNMENT CODE SECTION 36937 DETERMINING THIS AMENDMENT EXEMPT PURSUANT TO SECTION 15061(b)(3) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND AMENDING THE GRAND TERRACE MUNICIPAL CODE BY REPEALING AND REPLACING IN ITS ENTIRETY CHAPTER 18.91 (MARIJUANA REGULATIONS) RELATING TO MARIJUANA ACTIVITY FOR THE IMMEDIATE PRESERVATION OF THE PUBLIC PEACE, HEALTH AND SAFETY 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 21.5, 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 ORDINANCE NO. 300 PAGE 1 OF 9 OCTOBER 25, 2016 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 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 Buyers' 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 City 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.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. ORDINANCE NO. 300 PAGE 2 OF 9 OCTOBER 25, 2016 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 WHEREAS, the City Council finds that the provisions of this Ordinance are consistent with the City of Grand Terrace's General Plan; and WHEREAS, the City has adopted a General Plan, including Land Use and Public Health and Safety Elements; and WHEREAS, the public health, safety and welfare is fully articulated in the City's General. Plan; and WHEREAS, Government Code Section 36937 provides for the adoption of an urgency ordinance for certain expressed purposes and by a vote of four-fifths (4/5) majority of the voting City Council members. WHEREAS, The City Council finds that there is a current and immediate threat to the public health, safety or welfare related to the passage of Proposition 64 for the following reasons: ORDINANCE NO. 300 PAGE 3 OF 9 OCTOBER 25, 2016 1. The City of Grand Terrace has the authority, under its police power, to enact regulations for the public peace,morals, and welfare of the City; and 2. While the City has an existing ban on medical marijuana activities, without an effective ordinance in place that prohibits non-medical marijuana cultivation and nonmedical commercial cannabis activity prior to election day, if the AUMA is approved by the voters on November 8, 2016, unlicensed cultivation and distribution of nonmedical marijuana could legally occur within the City; and 3. The unlicensed cultivation and distribution of nonmedical marijuana within the City would conflict with the General Plan by negatively impacting the public peace, morals in several ways: (a) Public safetyagencies, city residents, and other public entities have reported adverse impacts from marijuana cultivation, including disagreeable odors and release of pollen that can aggravate the respiratory system; increased risk of burglary and other property crimes; and acts of violence in connection with the commission of such crimes or the occupants' attempts to prevent such crimes. (b) The creation of persistent strong odors as marijuana plants mature and flower is offensive to many people, interferes with the use and enjoyment of property, and creates an attractive nuisance, alerting persons to the location of valuable marijuana plants and creating an increased risk of crime. (c) The unregulated cultivation of marijuana can adversely affect the health, safety and well-being of the city and its residents. Comprehensive regulation of premises used for marijuana cultivation and commercial activity is proper and necessary to avoid the risks of criminal activity, degradation of the natural environment, smells and indoor electrical fire hazards that may result from unregulated marijuana cultivation and processing, especially if the amount of marijuana cultivated or processed on a single premises is not regulated and substantial amounts of marijuana can be cultivated or processed in a concentrated place. (d) The indoor cultivation of substantial amounts of marijuana also frequently requires excessive use of electricity, which often creates an unreasonable risk of fire from the electrical grow lighting systems used in indoor cultivation. (e) Children are particularly vulnerable to the effects of marijuana use, and the presence of marijuana plants has proven to be an attractive nuisance for children, creating an unreasonable hazard in areas frequented by children including hospitals, schools, church parks or playgrounds, childcare centers, recreation centers or youth centers. Cultivation or distribution of any amount of marijuana at, or near these sensitive uses presents unique risks that .the _ marijuana plants or products may be observed by juveniles, and therefore be ORDINANCE NO. 300 PAGE 4 OF 9 OCTOBER 25, 2016 especially vulnerable to theft or recreational consumption by juveniles. Further, the potential for criminal activities associated with marijuana cultivation and distribution in such locations poses heightened risks that juveniles will be involved or endangered. Therefore, cultivation or distribution of any amount of marijuana in such locations or premises is especially hazardous to public safety and welfare, and to the protection of children and the person(s) cultivating or distributing the marijuana plants or marijuana products. (f) The cultivation and commercial distribution of marijuana in other cities has resulted in calls for service to the police department, including calls for robberies thefts, and physical assaults from-marijuana that is grown outdoors; (g) Marijuana growth and commercial cannabis activity pose significant safety risks for surrounding neighbors, including but not limits to, risks of violent confrontation in connection with.attempts to steal marijuana, risk of fire from improperly wired electrical lights within structures growing marijuana, risk of guard dogs and security measures associated with structures and properties growing, processing and distributing marijuana. 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 AND ADOPT BY AT LEAST A FOUR-FIFTHS VOTE THIS URGENCY ORDINANCE PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 63937 AS FOLLOWS: SECTION 1. The City Council finds that above findings/recitals are true and correct. SECTION 2. 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. SECTION 3. The proposed amendment is consistent with the latest adopted general plan. SECTION 4. 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: ORDINANCE NO. 300 PAGE 5 OF 9 OCTOBER 25, 2016 "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, 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. B. "Marijuana" shall have the same definition as that set forth in California Health and Safety Code Section 11018. C. "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. D. "Medical marijuana" shall mean marijuana used for medical purposes in accordance with California Health and Safety Code section 11362.5. ORDINANCE NO. 300 PAGE 6 OF 9 OCTOBER 25, 2016 E. "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. F. "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 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 y 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. 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,:unddr 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." ORDINANCE NO. 300 PAGE 7 OF 9 OCTOBER 25, 2016 SECTION 5. Urgency Clause. The City Council finds and declares that this ordinance is - required for the immediate protection of the public health, safety and welfare as previously stated in this ordinance, and that this ordinance shall become effective immediately upon its.adoption and will continue in full force and effect in accordance with Government Code 36937. SECTION 6. 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 7. 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. SECTION 8. 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 7. Publication and effective date. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published in a newspaper of general circulation within the City of Grand Terrace, pursuant to all legal requirements. This ordinance shall become effective immediately from and after its passage. However, 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. PASSED, APPROVED AND ADOPTED this 25th day of October, 2016. ATTEST: tDarcy cNaboe Citler or y C ORDINANCE NO. 300 PAGE 8 OF 9 OCTOBER 25, 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 25th day of October, 2016. AYES: Council Members Hussey, Wilson, Mitchell, Mayor Pro Tern Robles, Mayor McNaboe NOES: None ABSENT: None ABSTAIN: None Pat Jaq - a s City Clerk Approved as to form: Richard L. Adams, II City Attorney ORDINANCE NO. 300 PAGE 9 OF 9 OCTOBER 25, 2016