Ordinance No. 959 - Amending Title 17 Zoning Prohibiting Marijuana Cultivation Facilities and Medical Marijuana DeliveriesORDINANCE NO. 959
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ROSEMEAD, CALIFORNIA, AMENDING TITLE 17
"ZONING" OF THE CITY'S MUNICIPAL CODE BY
AMENDING CHAPTER 17.40 TO PROHIBIT MARIJUANA
CULTIVATION FACILITIES AND MEDICAL MARIJUANA
DELIVERIES
WHEREAS, Rosemead Municipal Code Title 17 "Zoning ", Chapter 17.40
"Medical Marijuana Dispensaries" prohibits medical marijuana dispensaries in all zones
in the city; and
WHEREAS, the California Supreme Court ruled unanimously in City of Riverside
v. Inland Empire Patients Health and Wellness Center, Inc. (2013) 56 Cal.4th 729, that
the Compassionate Use Act (Proposition 215) ( "CUA') and the Medical Marijuana
Program Act of 2004 ( "MMPA "), do not preempt local ordinances that completely and
permanently ban medical marijuana facilities; and
WHEREAS, in Maral v. City of Live Oak (2012) 221 Cal.AppAth 975, the Third
District Court of Appeal held, based on Inland Empire, that there was no right to
cultivate medical marijuana and that a city could implement and enforce a complete ban
on this activity; and
WHEREAS, on September 11, 2015, the California Legislature passed Assembly
Bills 243 and 266 and Senate Bill 643, which taken together create a broad state
regulatory and licensing system governing the cultivation, testing, and distribution of
medical marijuana, as well as physician recommendations for medical marijuana; and
WHEREAS, Governor Brown signed each bill on October 9, 2015; and
WHEREAS, while the new legislation expressly preserves local control over
medical marijuana facilities and land uses, including the authority to prohibit medical
marijuana businesses completely, cities that wish to prohibit cultivation facilities and
mobile marijuana deliveries must enact express bans in order to avoid preemption by
the state; and
WHEREAS, the Municipal Code is currently silent with regard to establishments
that cultivate medical marijuana and does not address medical marijuana deliveries as
contemplated by AB 266; and
WHEREAS, the City has experienced numerous adverse impacts from medical
marijuana establishments that have operated illegally, including marijuana cultivation
sites; and
WHEREAS, such adverse impacts have included hazardous construction and
electrical wiring and noxious odors and fumes affecting neighboring properties and
businesses; and
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WHEREAS, other communities have experienced similar, if not worse, adverse
impacts resulting from medical marijuana establishments operating both legally and
illegally within their jurisdictions, including burglaries, robberies, violence, and illegal
diversion of marijuana to minors; and
WHEREAS, there is significant evidence that medical marijuana delivery services
are also targets of violent crime and pose a danger to the public; and
WHEREAS, a California Police Chiefs Association compilation of police reports,
news stories, and statistical research regarding crimes involving medical marijuana
businesses and their secondary impacts on the community is contained in a 2009 white
paper report which is attached to the staff report presented the City Council with this
Ordinance and on file with the City Clerk; and
WHEREAS, news stories regarding adverse impacts of medical marijuana
business, including cultivation sites and delivery services, are attached to the staff
report presented the City Council with this Ordinance and on file with the City Clerk; and
WHEREAS, it is reasonable to conclude that similar adverse impacts on the
public health, safety, and welfare will likely occur in Rosemead should the City lose the
ability to regulate or prohibit marijuana cultivation facilities and medical marijuana
deliveries; and
WHEREAS, in order to protect the public health, safety, and welfare, the City
Council desires to amend Rosemead Municipal Code, Title 17 "Zoning ", Chapter 17.40
"Medical Marijuana Dispensaries" to prohibit marijuana cultivation facilities and medical
marijuana deliveries.
THE CITY COUNCIL OF THE CITY OF ROSEMEAD HEREBY ORDAINS AS
FOLLOWS:
SECTION 1: Rosemead Municipal Code Amendment 15 -07. Rosemead
Municipal Code, Title 17 "Zoning ", Chapter 17.40 "Medical Marijuana Dispensaries" is
amended to read as shown in Exhibit "A" to this Ordinance.
SECTION 2: Severability. If any section, subsection, phrase, or clause of this
Ordinance shall be deemed by a court of competent jurisdiction to be invalid for any
reason, the validity of the remaining sections, subsections, phrases, or clauses of this
Ordinance shall not be affected thereby.
SECTION 3: Findings. The City Council FURTHER FINDS AND DETERMINES
that Municipal Code Amendment 15 -07 is consistent with the Rosemead General Plan
as follows:
A. The proposed amendment is consistent with the General Plan and any applicable
specific plan;
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The proposed municipal code amendment conforms with the latest adopted
general plan for the City in that a prohibition against 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
The proposed municipal code amendment will protect the public health, safety,
and welfare in that prohibiting 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.
The proposed municipal code amendment would prohibit both 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 4: Environmental Review. This 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 5: Effective Date. The Mayor shall sign and the City Clerk attest to
the passage of this Ordinance. The Ordinance will go into effect thirty (30) days from its
date of adoption.
SECTION 6: Publication. The City Clerk is directed to cause this Ordinance to
be published in the manner required by law for summary publication.
PASSED, APPROVED, AND ADOPTED this 12 day of January, 2016, by the
following vote, to wit:
(Signatures on Next Page)
N
Margaret Of rk, Mayor
City of Rosemead, California
ATTEST:
Carol Cowley, Interim ' Clerk
City of Rosemead, California:
APPROVED AS TO FORM
< r
G
Rachel H. Richman, City Attorney
Burke, Williams & Sorensen, LLP
Certification
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD )
I, Carol Cowley, City Clerk of the City of Rosemead, California, do hereby
certify that the foregoing Ordinance No. 959 was regularly introduced and placed
upon its first reading at a regularly meeting of the City Council on the 8 of
December, 2015. Thereafter, said Ordinance was duly passed, approved, and
adopted at a regular meeting of the City Council on the 12th day of January, 2016
by the following roll call vote to wit:
AYES:
Alarcon, Armenta, Clark, Low, Ly
NOES:
None
ABSTAIN:
None
ABSENT:
None
CJ t�.1" 1
Carol Cowley
Interim City Clerk