Loading...
PC - 2015-20 - Prohibiting Medical Marijuana Cultivation Facilities and Medical Marijuana Deliveries PC RESOLUTION 15-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, RECOMMENDING THAT THE CITY COUNCIL ADOPT MUNICIPAL CODE AMENDMENT 15-07, AN ORDINANCE AMENDING ROSEMEAD MUNICIPAL CODE TITLE 17 "ZONING" CHAPTER 17.40 TO PROHIBIT MEDICAL MARIJUANA CULTIVATION FACILITIES AND MEDICAL MARIJUANA DELIVERIES WHEREAS, pursuant to Government Code sections 65854 and 65855, the Planning Commission has the authority to review and make recommendations to the City Council regarding amendments to the City's zoning ordinances; and, WHEREAS, on November 5, 2015, a Public Hearing Notice, specifying the public comment period and the time and place for a public hearing pursuant to California Government Code Section 65091(a)(4) was published in the Rosemead Reader and posted at the six (6) public locations in the City; and WHEREAS, on November 16, 2015, the Planning Commission held a noticed public hearing at which interested persons had an opportunity to testify in support of, or in opposition to, the proposed amendment to the City's zoning ordinance and at which time the Planning Commission considered the proposed amendment to the City's zoning ordinance; and WHEREAS, the City has analyzed this proposed municipal code amendment and determined that it is not a project within the meaning of section 15378 of the California Environmental Quality Act ("CEQA") Guidelines because it has no potential for resulting in physical change in the environment, either directly or indirectly; and WHEREAS, in the event that this proposed amendment is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(6)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment; and WHEREAS, attached as Exhibit "A" is the proposed Ordinance No. XXX. WHEREAS, the Rosemead Planning Commission has sufficiently considered all testimony presented to them in order to make the following determination. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rosemead as follows: SECTION 1: ENVIRONMENTAL FINDINGS The Planning Commission, in light of the whole record before it, including but not limited to, the City's Local CEQA Guidelines and Thresholds of Significance, and documents incorporated therein by reference, and any other evidence (within the meaning of Public Resources Code Sections 21080(e) and 21082.2) within the record or provided at the public hearing of this matter, hereby finds and determines as follows: 1. CEQA: The proposed Ordinance is not a project within the meaning of section 15378 of the California Environmental Quality Act ("CEQA") Guidelines because it has no potential for resulting in physical change in the environment, either directly or ultimately. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment. SECTION 2: ZONING ORDINANCE AMENDMENT FINDINGS: The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify recommending approval of Municipal Code Amendment 15-07 in accordance with Chapter 17.152, Section 17.152.060 of the Rosemead Municipal Code as follows: A. The proposed amendment is consistent with the General Plan and any applicable specific plan; FINDING: The proposed municipal code amendment conforms with the latest adopted general plan for the City in that a prohibition against medical marijuana cultivation facilities and medical marijuana delivery services does not conflict with any allowable uses in the land use element and does not conflict with any policies or programs in any other element of the general plan. B. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and FINDING: The proposed municipal code amendment will protect the public health, safety, and welfare in that prohibiting medical marijuana cultivation facilities and medical marijuana delivery services will protect the City from the adverse impacts and negative secondary effects connected with these activities. C. The proposed amendment is internally consistent with other applicable provisions of the Zoning Code. FINDING: The proposed municipal code amendment would prohibit both medical marijuana cultivation facilities and the delivery of medical marijuana within the City. Medical marijuana dispensary uses are currently not allowed by the current General Plan and Zoning Code. Adopting Municipal Code Amendment 15-07 maintains the current consistency with all other provisions of the Zoning Code. SECTION 3. The Planning Commission HEREBY RECOMMENDS CITY COUNCIL APPROVAL of Ordinance XXX amending Rosemead Municipal Code Title 17 "Zoning," Chapter 17.40 "Medical Marijuana Dispensaries" to prohibit medical marijuana cultivation facilities and medical marijuana deliveries within the City of Rosemead. SECTION 4. This resolution is the result of an action taken by the Planning Commission on November 16, 2015 by the following vote: AYES: DANG, ENG AND LOPEZ NOES: NONE ABSTAIN: NONE ABSENT: HERREA AND TANG SECTION 5. The Secretary shall certify to the adoption of this resolution and shall transmit copies of same to the applicant and the Rosemead City Clerk. PASSED, APPROVED and ADOPTED this 16th day of November, 2015. Da iel L•pez, ice h. it CERTIFICATION I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning Commission of the City of Rosemead at its regular meeting, held on 16th day of November, 2015, by the following vote: AYES: DANG, ENG AND LOPEZ NOES: NONE ABSTAIN: NONE ABSENT: HERREA AND TANG Michelle M. amire ecretary APPROVED AS TO FOR Gregory M. ur:y, Planning emission Attorney Burke, Williams & Sorensen, LLP EXHIBIT "A" NOTE: Underlined text signifies proposed new text. Striket rough-text signifies text proposed for elimination. Chapter 17.40 MEDICAL MARIJUANA DISPENSARIES FACILITIES Sections: 17.40.010 Definitions. 17.40.020 Medical Marijuana Dispensaries Facilities Prohibited. 17.40.030 Civil Injunction. 17.40.010 Definitions. A. "Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana. B. "Establish" or "Operate" a medical marijuana dispensary or marijuana cultivation facility (as defined in this Section) means and includes any of the following: 1. The opening or commencement of the operation of a medical marijuana dispensary or marijuana cultivation facility; 2. The conversion of an existing business, facility, use establishment, or location to a medical marijuana dispensary or marijuana cultivation facility; 3. The addition of a medical marijuana dispensary or marijuana cultivation facility to any other existing business, facility, use, establishment, or location. C. "Marijuana" means all parts of the plant Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. It includes Marijuana infused in foodstuff. It does not include the mature stalks of the plant, 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 resin extracted therefrom), fiber, oil, or cake, or the sterilized seeds of the plant that are incapable of germination. D. "Medical Marijuana" is marijuana used for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of Marijuana in the treatment of acquire immune deficiency syndrome ("AIDS"), anorexia, arthritis, cancer, chronic pain, glaucoma, migraine, spasticity, or any other serious medical condition for which Marijuana is deemed to provide relief as defined in subsection (h) of Health and Safety Code Section 11362.7. E. "Mariivana cultivation facility" means any business, facility, use, establishment or location where the cultivation of marijuana occurs. F. "Medical Marijuana Dispensary" means any business, facility, use, establishment, or location, whether fixed or mobile, where Medical Marijuana is made available to, delivered to and/or distributed by or to, three or more of the following a "primary caregiver," "a qualified patient," or a person with an "identification card," as these terms are defined in California Health and Safety Code section 11362.5 and following. A "Medical Marijuana Dispensary" does 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 and Safety Code, a health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and 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 and Safety Code, a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code, a residential hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as any such use complies strictly with applicable law including, but not limited to, Health and Safety Code section 11362.5 and following. 17.40.020 Medical marijuana dispensaries, marijuana cultivation facilities, and marijuana deliveries prohibited. A. Medical Marijuana Dispensaries are prohibited in all zones in the City and shall not be established or operated anywhere in the City. B. Marijuana cultivation facilities are prohibited in all zones in the City and shall not be established or operated anywhere in the City. C. No person may own, establish, open, operate, conduct, or manage a Medical Marijuana Dispensary or Marijuana Cultivation Facility in the City, or be the lessor of property where a Medical Marijuana Dispensary or Marijuana Cultivation Facility is located. No person may participate as an employee, contractor, agent, volunteer, or in any manner or capacity in any Medical Marijuana Dispensary or Marijuana Cultivation Facility in the City. D. No use permit, site development permit, tentative map, parcel map, variance, grading permit, building permit, building plans, zone change, business license, certificate of occupancy, or other applicable approval will be accepted, approved, or issued for the establishment or operation of a Medical Marijuana Dispensary or Marijuana Cultivation Facility. E. No person and/or entity may deliver or transport medical marijuana from any fixed or mobile location, either inside or outside the City, to any person in the City, except that a person may deliver or transport medical marijuana to a qualified patient or person with an identification card, as those terms are defined in Health and Safety Code section 11362.7. for whom he or she is the primary caregiver within the meaning of Health and Safety Code sections 11362.5 and 11362.7(d). F. Nothing contained in this Section-Chapter shall be deemed to permit or authorize any use or activity which is otherwise prohibited by any state or federal law. 17.40.030 Civil Injunction. The violation of this Sestien Chapter shall be and is hereby declared to be a public nuisance and contrary to the public interest and shall, at the discretion of the City, create a cause of action for injunctive relief.