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HomeMy WebLinkAboutOrd. 1548-2017City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA City Council Ordinance: ORD 1548 -2017 File Number: 17 -1181 Enactment Number: ORD 1548 -2017 ORDINANCE AMENDING CHAPTER 20.410 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO PROHIBIT THE RETAIL SALE AND OUTDOOR CULTIVATION OF CANNABIS. WHEREAS, on October 9, 2015, Governor Brown approved the Medical Marijuana and Regulation and Safety Act ( "MMRSA "), effective January 1, 2016, which established a comprehensive state licensing and regulatory framework for the cultivation, manufacturing, testing, distribution, transportation, dispensing, and delivery of medical cannabis and which recognizes the authority of local jurisdictions to prohibit or impose additional restrictions on any such medical cannabis activities; and WHEREAS, on June 27, 2016, Governor Brown approved Senate Bill 837 which amended the MMRSA and renamed it the Medical Cannabis Regulation and Safety Act ( "MCRSA "); and WHEREAS, on November 8, 2016, the voters of the State of California ( "State ") enacted Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act ( "AUMA "); and WHEREAS, on April 4, 2017, Governor Brown released a budget trailer bill that aimed to reconcile the existing medical marijuana statutory framework under MCRSA and the recreational statutory framework adopted under the AUMA. After some revision, the state Senate and Assembly passed a modified version of the original proposal in the form of AB 110 /SB 94, known as the Medical and Adult -Use Cannabis Regulation and Safety Act ( "MAUCRSA "), and on June 27, 2017, the Governor signed it into law; and WHEREAS, MAUCRSA uses the term "cannabis" instead of "marijuana "; and WHEREAS, subject to certain exceptions, MAUCRSA generally establishes a comprehensive system to legalize, control, and regulate the cultivation, processing, manufacture, distribution, testing, and sale of cannabis, including cannabis products, and to tax the commercial growth and retail sale of cannabis; and WHEREAS, MAUCRSA permits a city to enact and enforce "reasonable regulations" to regulate the possession, planting, cultivation, harvesting, drying, or processing of cannabis plants, including the complete prohibition of such activities outdoors; and City of South San Francisco Page 1 File Number. 17 -1181 Enactment Number. ORD 1548 -2017 WHEREAS, the MAUCRSA creates a licensing system whereby the state will issue licenses to businesses authorizing them to cultivate, distribute, transport, store, manufacture, process, and sell cannabis and cannabis products, with such licenses to be issued by January 1, 2018; and WHEREAS, the MAUCRSA mandates that state licensing authorities shall not approve an application for a state license if approval of the state license will violate the provisions of any local ordinance or regulation adopted in accordance with the requirements of MAUCRSA; and WHEREAS, the MAUCRSA states that nothing in it shall be interpreted to supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances to regulate businesses licensed under the MAUCRSA, including completely prohibiting the establishment or operation of one or more types of businesses licensed under MAUCRSA in the local jurisdiction; and WHEREAS, the MAUCRSA preserves the authority of cities to regulate or prohibit commercial marijuana activity, and to ban outdoor cultivation within their jurisdictions; and WHEREAS, the City desires to prohibit the retail sale and outdoor cultivation of cannabis within the boundaries of the City; and WHEREAS, the City prepared a Zoning Amendment ( "Amendment ") to the City's Zoning Ordinance amending Chapter 20.410 of the Zoning Ordinance to prohibit "Cannabis Retail Establishments" and outdoor cannabis cultivation; and WHEREAS, the Zoning Ordinance was adopted after preparation, circulation, consideration, and adoption of an Initial Study /Mitigated Negative Declaration (IS /MND) in accordance with the California Environmental Quality Act, Public Resources Code Sections 21000, et seq. (CEQA), in which the IS /MND analyzed the environmental impacts of adopting the Zoning Ordinance and concluded that adoption of the Zoning Ordinance could not have a significant effect on the environment because none of the impacts required to be analyzed under CEQA would exceed established thresholds of significance; and WHEREAS, the refinements, clarifications, and/or corrections set forth in this amendment, as they relate to prohibiting "Cannabis Retail Establishments" and outdoor cannabis cultivation are minor in nature, the adoption of which would not result in any new significant environmental effects or a substantial increase in the severity of any previously identified effects beyond those disclosed and analyzed in the IS /MND prepared for the Zoning Ordinance Amendment, nor do the refinements, clarifications, and/or corrections constitute a change in the project or change in circumstances that would require additional environmental review; and WHEREAS, introduction and adoption of this ordinance is not subject to review under CEQA, pursuant to City of South San Francisco Page 2 File Number. 17 -1181 Enactment Number. • ORD 1548 -2017 the general exemption that CEQA only applies to projects which have the potential for causing a significant effect on the environment, and 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. (CEQA Guidelines, § 15061(b)(3)). A "significant effect on the environment" means a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the project. (CEQA Guidelines, § 15382). This ordinance would prohibit the establishment and operation of cannabis retail business and prohibit outdoor cultivation of cannabis. Prohibiting the establishment and operation of cannabis retail business and prohibiting outdoor cultivation of cannabis would preserve the status quo and would not result in change - substantial or otherwise -in any of the physical conditions existing in the City. Therefore, it can be seen with certainty that there is no possibility that the ordinance in question may have a significant effect on the environment; accordingly, the ordinance is exempt from CEQA review. NOW, THEREFORE, BE IT ORDAINED that based on the entirety of the record before it, as described below, the City Council of the City of South San Francisco does hereby ORDAIN as follows: SECTION 1. Findings Based on the entirety of the record as described below, the City Council for the City of South San Francisco hereby makes the following findings: A. General Findings 1. The foregoing recitals are true and correct and made a part of this Ordinance. The record for these proceedings, and upon which this Ordinance is based, includes without limitation, federal and state law; the California Environmental Quality Act (Public Resources Code §§ 21000 et seq. ( "CEQA ")) and the CEQA Guidelines (14 California Code of Regulations §§ 15000 et seq.); the South San Francisco General Plan and General Plan Environmental Impact Report, including all amendments and updates thereto; the South San Francisco Municipal Code; the Initial Study and Negative Declaration prepared for the Zoning Ordinance Update, including all written comments received; all reports, minutes, and public testimony submitted as part of the Planning Commission's duly noticed meeting on October 26, 2017; all reports, minutes, and public testimony submitted as part of the City Council's duly noticed meeting on November 8, 2017; and any other evidence (within the meaning of Public Resources Code section 21080, subdivision (e) and section 21082.2). The refinements, clarifications, and/or corrections to the Zoning Ordinance as they relate to the prohibition of retail sale and outdoor cultivation of cannabis are minor in nature. Therefore, the adoption of the ordinance would not result in any new significant environmental effects City of South San Francisco Page 3 File Number: 17 -1181 Enactment Number. ORD 1548 -2017 istantial increase in the severity of any previously identified effects beyond those disclosed and analyzed in the IS/ND prepared and circulated for the Zoning Ordinance (2010), nor do the refinements, clarifications, and/or corrections constitute a change in the project or change in circumstances that would require additional environmental review. The documents and other material constituting the record for these proceedings are located at the Planning Division for the City of South San Francisco, 315 Maple Avenue, South San Francisco, CA 94080, and in the custody of Chief Planner, Sailesh Mehra. B. Zoning Amendment Findings The proposed Zoning Amendment is consistent with the adopted General Plan because the Zoning Amendment will reinforce the General Plan policies, and is consistent with the relevant specific plans. The proposed amendments would clarify and strengthen the City's current prohibition on cannabis related activities. Such activities have been determined to have adverse impacts on communities. Adopting this ordinance would be consistent with the intent of the City's existing regulations and would serve to protect the public health, safety and welfare of the citizens of South San Francisco. The prohibition of "Cannabis Retail Establishments" and outdoor cannabis cultivation will not conflict with or impede achievement of any of the goals, policies, or land use designations established in the General Plan. The proposed Zoning Amendment would be consistent with the City's current prohibitions on cannabis related activities, and would serve to clarify and strengthen these existing provisions. Regulation of cannabis related activities is necessary to protect the public health, safety and welfare of the citizens of South San Francisco. In the City's original determination to prohibit medical marijuana dispensaries and all cultivation in 2011, it was found that cities and counties which permitted medical marijuana dispensaries experienced serious adverse impacts, including burglaries, robberies, violence, illegal sales of cannabis to, and use of cannabis by, minors and other persons without medical need in areas immediately surrounding medical marijuana distribution facilities. Outdoor cultivation of cannabis creates strong odors which can be detectable and offensive beyond the property boundaries, which can negatively affect neighborhoods, and due to its high market value can become an attractive nuisance creating a risk of burglary, trespassing, robbery and armed robbery, requiring scarce police and public safety resources. Furthermore, the proposed Zoning Amendments ensures that properties are suitable for the uses permitted in the relevant zones in terms of access, size of parcel, relationship to similar or related uses, and other considerations deemed relevant by the Planning Commission and City Council because the proposed Zoning Amendment will prohibit uses that the Planning Commission City of South San Francisco Page 4 File Number. 17 -1181 Council deem incompatible with existing and future uses in the City. Enactment Number. ORD 1548 -2017 The proposed Zoning Amendment related to the prohibition of retail sale and outdoor cultivation of cannabis would not be detrimental to the use of land in any adjacent zone because the amendments prohibit the establishment of uses that the Planning Commission and City Council deem incompatible with existing and future uses in the City. Further, the prohibition of retail sale and outdoor cultivation of cannabis would prevent potentially detrimental health, safety and quality of life issues that can be associated with such uses. SECTION 2. Amendments Chapter 20.410 of the South San Francisco Municipal Code is hereby amended to read as follows: Revise Chapter 20.410 Title: Chapter 20.410 REGULATION OF CANNABIS ACTIVITIES Revise Section 20.410.001 as follows: SECTION 20.410.001 Purpose and Intent It is the purpose and intent of this Chapter to preclude the outdoor cultivation of cannabis and to preclude the opening, establishment, and/or operation of Cannabis Retail Establishments, including Medical Cannabis Cooperatives and Collectives, in the City. Revise Section 20.410.002 as follows: SECTION 20.410.002 Definitions The words and phrases included in this Section shall have the following meanings, unless it is clearly apparent from the context that another meaning is intended: "Cannabis" shall have the same meaning as defined in Business and Professions Code section 19300.5 (f), including marijuana as defined pursuant to Health and Safety Code Section 11018, as amended from time to time. Any reference to cannabis contained herein shall be read to include all cannabis, irrespective of the intended use of such cannabis, including but not limited to cannabis for medicinal, recreational, or any other purpose. "Cannabis Products" means 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 City of South San Francisco Page 5 File Number., 17 -1181 Enactment Number., ORD 1548 -2017 product containing cannabis and other ingredients, as defined by Health and Safety Code Section 11018.1, as may be amended. "Cannabis Retail Establishment" means a dispensary, operator, individual, establishment, provider, association or similar entity that operates out of a fixed location that it is open to the public and offers, dispenses, sells, exchanges, makes available, either individually or in any combination, cannabis or cannabis products to customers, patients, or primary caregivers pursuant to State law. "Outdoor Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, trimming, or processing of Cannabis outdoors. Revise Section 20.410.003 as follows: SECTION 20.410.003 Cannabis Retail Establishments Prohibited A. A Cannabis Retail Establishment is not a permitted use and is prohibited in all zones throughout the City. No permit or any other applicable license or entitlement for use, nor any business license, shall be approved or issued for the establishment, maintenance or operation of a Cannabis Retail Establishment, within the City. B. The establishment, maintenance or operation of a Cannabis Retail Establishment, within the City is declared to be a public nuisance and may be abated by the City either pursuant to the South San Francisco Municipal Code or any other available legal remedies, including, but not limited to, declaratory relief and civil injunctions. Repeal and replace Section 20.410.004, in its entirety, with the following language: SECTION 20.210.004 Cannabis Cultivation A. All outdoor cultivation of cannabis is prohibited in the City. The prohibition on outdoor cultivation of cannabis applies to cultivation of cannabis for any reason, including but not limited to personal, medical or commercial use. B. The outdoor cultivation of cannabis within the City is declared to be a public nuisance and may be abated by the City either pursuant to the South San Francisco Municipal Code or any other available legal remedies, including, but not limited to, declaratory relief and civil injunctions._ Revise Section 20.410.004 as follows: City of South San Francisco Page 6 File Number., 17 -1181 SECTION 20.410.0054 Violation and Enforcement Enactment Number. ORD 1548 -2017 The establishment, maintenance or operation of a Cannabis Retail Establishment and the outdoor cultivation of cannabis in violation of or in non - compliance with any of the requirements of this Chapter or applicable provisions of the Zoning Code or South San Francisco Municipal Code, shall be subject to any enforcement remedies available under the law and/or the City's Municipal Code. In addition, the City may enforce the violation of this Chapter by means of civil enforcement through a restraining order, a preliminary or permanent injunction or by any other means authorized by the law. SECTION 3 Effect on Moratorium The City of South San Francisco adopted an interim urgency ordinance on March 8, 2017, which imposed a moratorium on all commercial cannabis activities and on the outdoor cultivation of cannabis ( "Moratorium "). To the extent that this ordinance is inconsistent with any sections or provisions of the Moratorium, or any extension thereof, this ordinance shall supersede and take precedence over such sections or provisions. All other sections and provisions of the Moratorium that are not in conflict or inconsistent with this ordinance shall remain in full force and effect. SECTION 4. Severability If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, the remainder of this Ordinance, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council of the City of South San Francisco hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. SECTION 5. Publication and Effective Date Pursuant to the provisions of Government Code section 36933, a summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk's Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. This Ordinance shall become effective thirty (30) days from and after its adoption. City of South San Francisco Page 7 File Number. 17 -1181 Enactment Number. ORD 1548 -2017 At a meeting of the City Council on 12/13/2017, a motion was made by Mark Addiego, seconded by Pradeep Gupta, that this Ordinance be adopted. The motion passed. Yes: 5 Mayor Normandy, Councilmember Garbarino, Vice Mayor Matsumoto, Councilmember Gupta, and Councilmember Addiego Attest by 4ir i Liza No andy, Mayor City of South San Francisco Page 8 Printed on 12115117