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CC - Item 4A - Public Hearing - MCA 18-04 - Cannabis BanROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: GLORIA MOLLEDA, CITY MANAGER —It �-A DATE: OCTOBER 23, 2018 SUBJECT: PUBLIC HEARING ON UPDATING AND BROADENING THE CITY'S BAN ON CANNABIS FACILITIES, CULTIVATION, AND DELIVERIES -- MUNICIPAL CODE AMENDMENT 18-04 SUMMARY The proposed Municipal Code Amendment (MCA 18-04) would amend Rosemead Municipal Code Sections 1.04.130, 2.44.060, and 12.44.050; and restate Chapter 17.40 related to prohibiting medical marijuana dispensaries, marijuana cultivation facilities, and marijuana deliveries. MCA 18-04 would update and broaden the City's existing medical marijuana regulations that generally ban such facilities and expand the ban to what State law now refers to as commercial cannabis facilities to conform with recent changes to State law, and imposes updated regulations on cannabis deliveries and cultivation in accordance with State law. STAFF RECOMMENDATION That the City Council: 1.. Conduct a public hearing and receive public testimony; and 2. Introduce for first reading, by title only, Ordinance No. 983 (Attachment "A"), approving Municipal Code Amendment 18-04. ENVIRONMENTAL DETERMINATION The Ordinance is exempt from environmental review under the California Environmental Quality Act (CEQA) (California Public Resources Code § § 21000, et seq., "CEQA") and CEQA regulations, Title 14, Chapter 3: (1) Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment); (2) Section 15060(c)(3) (the activity is not a project as defined in Section 15378); and (3) Section 1506 1 (b)(3) (because the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment). The City has never allowed any commercial cannabis activity under the City's municipal code. The proposed ordinance, therefore, maintains the status quo. Because there is no possibility that this ordinance may have AGENDA ITEM NO. 4.A City Council Meeting October 23, 2018 Paae 2 of 3 a significant adverse effect on the environment, the adoption of this ordinance is exempt from CEQA. DISCUSSION On September 17, 2018, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Municipal Code Amendment 18-04. Analysis of the proposed amendment is provided in the Planning Commission Staff Report. The Planning Cominission Staff Report, Planning Commission Meeting Minutes, and Planning Commission Resolution 18-16 are included in this report as Attachments "B," "C," and "D", respectively. During the Planning Commission public hearing, the Planning Commission had concerns regarding smoking of cannabis products in public places. The Deputy City Attorney clarified that it is prohibited by State law. After considering all public testimony, the Planning Commission adopted Planning Commission Resolution 18-16, recommending that the City Council adopt Ordinance No. 983 to approve Municipal Code Amendment 18-04, FISCAL IMPACT - None STRATEGIC PLAN IMPACT - None PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process, which includes a public hearing notice published in the Rosemead Reader on October 11, 2018, and posting of the notice at the six (6) public locations. City Council Meeting October 23, 2018 Paae 3 of 3 Prepared by: Lily Valenzu , Planning and Economic Development Manager Submitted by: Ben Kim i or of Community Development Attachment A: Ordinance No. 983 Attachment B: Planning Commission Staff Report, dated September 17, 2018 Attachment C: Planning Commission Meeting Minutes, dated September 17, 2018 Attachment D: Planning Commission Resolution No. 18-16 Attachment A Ordinance No. 983 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AMENDING SECTIONS 1.04.030, 2.44.060, AND 12.44.050; AND RESTATING CHAPTER 17.40 OF THE ROSEMEAD MUNICIPAL CODE, RELATED TO CANNABIS FACILITIES, CULTIVATION, AND DELIVERIES WHEREAS, Section 17.152.060 of the Rosemead Municipal Code provides the criteria for a Zoning Code Amendment; and WHEREAS, Sections 65854 and 65855 of the California Government Code and Section 17.152.040 of the Rosemead Municipal Code authorizes the Planning Commission to review and make recommendations to the City Council regarding amendments to the City's Zoning Code; and WHEREAS, Section 17.152.050 of the Rosemead Municipal Code authorizes the City Council to approve amendments to the City's Zoning Code; and WHEREAS, adoption of Ordinance 983 Rosemead Municipal Code Sections 1.04.130, 2.44.060, and 12.44.050; and restate Chapter 17.40 related to prohibiting medical marijuana dispensaries, marijuana cultivation facilities, and marijuana deliveries; and WHEREAS, on September 17, 2018, the Planning Commission held a duly noticed public hearing and recommended approval of Municipal Code Amendment 18-04 to the City Council; and WHEREAS, on October 11, 2018, a notice was published in the Rosemead Reader and notices were posted in six public locations, specifying the availability of the proposal, and the date, time, and location of the public hearing for Municipal Code Amendment 18-04; and WHEREAS, on October 23, 2018, the City Council held a duly noticed and advertised public hearing to receive oral and written testimony relative to Municipal Code Amendment 18- 04; and WHEREAS, the City Council has sufficiently considered all testimony presented to them in order to make the following determination. THE CITY COUNCIL OF THE CITY OF ROSEMEAD HEREBY ORDAINS AS FOLLOWS: SECTION 1. The City Council finds and declares as follows; A. As set forth in Rosemead Municipal Code Section 17.40.020, the City of Rosemead prohibits all medical marijuana dispensaries and marijuana cultivation facilities. The term "marijuana cultivation facility" includes any property where marijuana cultivation occurs. B. On October 9, 2015, Assembly Bills 243 and 266 and Senate Bill 643 (collectively, the "Medical Cannabis Regulation and Safety Act" or "MCRSA") were enacted to create a state regulatory and licensing system governing the cultivation, testing, and distribution of medical marijuana, the manufacturing of medical marijuana products, and physician recommendations for medical marijuana. MCRSA expressly preserved local control over medical marijuana facilities and land uses, including the authority to prohibit medical marijuana facilities and cultivation completely. C. On November 8, 2016, the voters of the State of California approved Proposition 64, entitled the "Control, Regulate and Tax Adult Use of Marijuana Act" (the "AVMA"), which legalizes and regulates the adult use of non-medical marijuana (commonly referred to as "recreational marijuana") in California. D. The AUMA legalized adult -use cannabis in California and requires adult -use cannabis businesses, including cultivators, manufacturers, distributors, retailers, and testing laboratories, to obtain a state license in order to operate lawfully. Under the AVMA, individuals may possess and use specified amounts of cannabis and may cultivate up to six cannabis plants per private residence. Under Health and Safety Code section 11362.2(b), cities may prohibit private outdoor cannabis cultivation, but may not prohibit completely private indoor cultivation of six cannabis plants or less. Cities, however, may reasonably regulate private indoor cultivation of six cannabis plants or less. E. On June 27, 2017, the Governor signed Senate Bill 94, which repealed MCRSA and incorporated provisions from MCRSA regarding medical marijuana in the AVMA, so that the regulations governing both medical and non-medical marijuana were contained under one regulatory structure. Senate Bill 94 renamed the AUMA as the Medicinal and Adult -Use Cannabis Regulation and Safety Act ("MAUCRSA"). In addition to consolidating state laws regarding medical marijuana and adult -use marijuana, Senate Bill 94 introduced more uniform terminology. Senate Bill 94 revised references in existing law from "marijuana" or "medical marijuana" to instead refer to "cannabis" or "medicinal cannabis," and revised references from "nonmedical" to "adult -use". F. MAUCRSA retains the provisions in MCRSA and the AUMA that granted local jurisdictions control over whether commercial cannabis activity could occur in a particular jurisdiction. G. Specifically, California Business and Professions Code Section 26200 provides that MAUCRSA is not to be interpreted to supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances that completely prohibit the establishment or operation of cannabis -related businesses within that local jurisdiction. H. Due to these changes, the City has adopted Ordinance Nos. 969, 971, and 977, which imposed a moratorium on private marijuana cultivation and nonmedical marijuana facilities. This moratorium is set to expire on December 12, 2018. 1. The City desires to amend Chapter 17.40 of its municipal code to conform to the recent State law regulations concerning marijuana or, as it is now referred to, cannabis. As a result, Chapter 17.40 will contain the City's marijuana/cannabis regulations and any existing municipal code references to medical marijuana dispensaries that are no longer necessary will be repealed as set forth in this ordinance, if any. J. In addition, Health and Safety Code Section 11362.3(a)(2) specifies that state law does not permit any person to smoke cannabis or cannabis products in a location where smoking tobacco is prohibited. As a result, this ordinance will make amendments to reference existing municipal code provisions where smoking tobacco is already prohibited and clarify that the smoking prohibition also applies to cannabis and cannabis products. SECTION 2. Environmental Findings. The Ordinance is exempt from environmental review under the California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000, et seq., "CEQA") and CEQA regulations, Title 14, Chapter 3: (1) Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment); (2) Section 15060(c)(3) (the activity is not a project as defined in Section 15378); and (3) Sectionl5061(b)(3) (because the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment). The City has never allowed any commercial cannabis activity under the City's municipal code. The proposed ordinance, therefore, maintains the status quo. Because there is no possibility that this ordinance may have a significant adverse effect on the environment, the adoption of this ordinance is exempt from CEQA. SECTION 3. Findings. The City Council HEREBY FINDS AND DETERMINES that facts do exist to justify approving Municipal Code Amendment 18-04, in accordance with 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 amendment clarifies that medical cannabis dispensaries, cannabis cultivation facilities, and cannabis deliveries are prohibited in all zoning districts in the City. Medical cannabis dispensaries, cannabis cultivation facilities, and cannabis deliveries are not allowed by the current General Plan and Zoning Code. Adopting Municipal Code Amendment 18-04 maintains the current consistency with 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 amendment will promote public health, safety, and general welfare and serve the goals and purposes of Title 17 by clarifying and confirming that medical cannabis dispensaries, cannabis cultivation facilities, and cannabis deliveries are prohibited in all zoning districts in the City. The continued prohibition will ensure that none of the negative side effects of medical cannabis dispensaries, cannabis cultivation facilities, and cannabis deliveries will negatively impact the general welfare and public health of the City. The amendment does not authorize any changes to the environment and will have no impacts to properties in the City or their surrounding environment. C. The proposed amendment is internally consistent with other applicable provisions of [the] Zoning Code. FINDING: The proposed amendment clarifies that medical cannabis dispensaries, cannabis cultivation facilities, and cannabis deliveries are prohibited in all zoning districts of the City. Medical cannabis dispensaries, cannabis cultivation facilities, and cannabis deliveries are not allowed by the current General Plan and Zoning Code. Adopting Municipal Code Amendment 18-04 maintains the current consistency with all other provisions of the Zoning Code. SECTION 4. Amendment to Section 1.04.130 — Definitions. Section 1.04.130 of the Rosemead Municipal Code is amended to add a definition for smoking, as follows: "Smoke" or "Smoking" means engaging in an act that generates smoke, such as possessing a lighted pipe, a lighted hookah pipe, a lighted cigar, a lighted cigarette, an operating electronic smoking device, or any other act of smoking as defined in Section 22950.5(c) of the Business & Professions Code. This also includes smoking cannabis or cannabis products, as set forth in Section 11362.3 of the Health and Safety Code. SECTION 5. Amendment to Section 2.44.060 �-- Smoking prohibited in city buildings. Section 2.44.060 of the Rosemead Municipal Code is amended and restated as follows: It is unlawful to smoke in the following places: A. Any city -owned building, including City Hall, the Community Center, Zapopan Community Center, and park offices; B. Any city -owned or operated vehicle. "No Smoking" signs with letters of not less than one inch in height or the international "No Smoking" symbol, consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it, shall be clearly, sufficiently and conspicuously posted in every building or other place where smoking is prohibited by this section. 4 Violation of this prohibition on smoking shall be an infraction, punishable by a fine of up to $250.00. SECTION 6. Amendment to Section 12,44.050 -- Prohibition of smoking in public parks. Section 12.44.050 of the Rosemead Municipal Code is amended and restated as follows: A. It is unlawful for any person to smoke in or upon any city park, playground, or recreation center. Such a violation is punishable as an infraction by a fine not exceeding $250. B. It is unlawful for any person to dispose of lighted or unlighted cigars or cigarettes or cigarette butts, or any other smoking-related waste, in or upon any city park, playground, or recreation center. Such a violation is punishable as an infraction by a fine not exceeding $100.00 for a first violation; $200.00 for a second violation; and $500.00 for each additional violation thereafter. C. It is unlawful for any person to intimidate, threaten any reprisal, or effect any reprisal, for the purpose of retaliating against another person who seeks to obtain compliance with this section." SECTION 7. Amendment and Restatement of Chapter 17.40. Chapter 17.40 of the Rosemead Municipal Code is amended and restated in its entirety, as follows: Chapter 17.40 — Cannabis Facilities, Cultivation, and Deliveries. 17.40.010 M Definitions. The following words used in this chapter are defined as follows: "Cannabis" has the meaning set forth in Business and Professions Code Section 26001(f) and includes all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" 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 the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. "Cannabis" does not mean "industrial hemp" as defined by Section 11018.5 of the Health and Safety Code. "Commercial cannabis activity" has the meaning set forth in Business and Professions Code Section 26001(k), and as that provision may be amended subsequently. "Commercial cannabis facility" means any building, facility, use, establishment, property, or location where any person or entity establishes, commences, engages in, conducts, or carries on, or permits another person or entity to establish, commence, engage in, conduct, or carry on, any commercial cannabis activity that requires a state license or nonprofit license under Business 5 and Professions Code Sections 26000 and following, including but not limited to cannabis cultivation, cannabis distribution, cannabis transportation, cannabis storage, manufacturing of cannabis products, cannabis processing, cannabis deliveries, the sale of any cannabis or cannabis products, and the operation of a cannabis microbusiness. "Cultivation" has the meaning set forth in Business and Professions Code Section 26001(1) and includes any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis. "Medicinal cannabis" or "medical cannabis" is cannabis 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 cannabis in the treatment of acquired immune deficiency syndrome ("AIDS"), anorexia, arthritis, cancer, chronic pain, glaucoma, migraine, spasticity, or any other serious medical condition for which cannabis is deemed to provide relief as defined in subsection (h) of Health and Safety Code § 11362.7. "MAUCRSA" means the Medicinal and Adult -Use Cannabis Regulation and Safety Act as codified in Division 10 of the Business and Professions Code, as the same may be amended from time to time. "Primary caregiver" has the meaning set forth in Health and Safety Code Sections 11362.5(e) and 11362.7(4). "Private residence" means a house, an apartment unit, condominium, or other similar dwelling. "Qualified patient" has the meaning set forth in Health and Safety Code Section 11362.7(f). 17.40.020 — Purpose and intent. The purpose and intent of this chapter is to prohibit commercial cannabis facilities and to regulate cannabis cultivation, as defined above, within the city limits. It is recognized that it is a federal violation under the Controlled Substances Act to possess or distribute cannabis even if for medical purposes. Additionally, there is evidence of an increased. incidence of crime -related secondary impacts in locations associated with a cannabis facility, which is contrary to policies that are intended to promote and maintain the public's health, safety, and welfare. 17.40.030 — Commercial cannabis facilities and cannabis deliveries. A. Commercial cannabis facilities are prohibited in all zones in the city. No person or entity may establish or operate a commercial cannabis facility within city limits. B. No property owner may allow its property to be used by any person or entity as a commercial cannabis facility. C. The delivery of cannabis to any person within the city limits is prohibited, except for deliveries of medicinal cannabis by a primary caregiver to one of the primary 0 caregiver's qualified patients and these deliveries by the primary caregiver are subject to the following requirements: (1) deliveries are only permitted to occur from the hours of 7:00 am to 8:00 pm; (2) the delivery must be in an unmarked vehicle and (3) deliveries are only permitted to a private home, apartment or residential condominium. D. This chapter is not intended to prohibit any commercial or non-commercial cannabis activity that the city is required by state law to permit within its jurisdiction pursuant to MAUCRSA. 17.40.040 — Cannabis cultivation. No person may cultivate cannabis at any location within the city, except that a person may cultivate no more than six living cannabis plants inside a private residence, or inside an accessory structure to a private residence located upon the grounds of that private residence, provided that such cannabis cultivation is in compliance with all of the following requirements and restrictions: A. The cultivation occurs in residences and/or accessory structures that are fully enclosed and secured against unauthorized entry. B. The owner of the private residence has provided written consent allowing cannabis cultivation to occur at the private residence. C. The cultivation complies with all applicable building code requirements set forth in the Rosemead Municipal Code. D. There is no use of gas products (CO2, butane, propane, natural gas, etc.) on the property for purposes of cannabis cultivation. E. Pursuant to Health and Safety Code Section 11362.2(a)(3), no more than six living plants may be planted, cultivated, harvested, dried, or processed within a single private residence, or upon the grounds of that private residence, at one time. F. Indoor grow lights used for cannabis cultivation do not exceed 1,000 watts per light. G. Adverse impacts of cannabis cultivation are mitigated so that a public nuisance, as defined by Civil Code Section 3480, does not exist, including but not limited to adverse impacts of odors or the use or storage of hazardous materials, processes, products, or wastes. H. A portable, working, fire extinguisher must be kept in the same room or structure where cannabis cultivation is occurring. 1. Cannabis and cannabis infused products must be disposed in a secure waste receptacle located on the residential property. Disposed cannabis plants and products must be rendered unusable and unrecognizable by grinding and incorporating cannabis waste with any non -consumable solid waste with a resulting mixture of at least 50 percent non -cannabis waste. 7 17.40.050 — Violation. Violation of any provision of this chapter is subject to enforcement remedies and penalties as set forth in Rosemead Municipal Code or applicable law. 17.40.050 — Civil penalties. Any violation of this section is declared to be a public nuisance per se and contrary to the public interest and will at the discretion of the city, be subject to a cause of action for injunctive relief. In addition to any other method of enforcement, the City Attorney may bring a civil action for injunctive relief and civil penalties against any person or entity that violates this chapter. In any civil action brought pursuant to this section, a court of competent jurisdiction may award reasonable attorneys' fees and costs to the prevailing party as provided in Rosemead Municipal Code Section 1.16.040. SECTION S. Construction. This Ordinance must be broadly constructed in order to achieve the purposes stated in this Ordinance. It is the City Council's intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance. SECTION 9. Enforceability. Repeal of any provision of the RMC does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 10. Severability. The City Council hereby declares that, should any provision, section, subsection, paragraph, sentence, clause, phrase, or word of this Ordinance or any part thereof, be rendered or declared invalid or unconstitutional by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, such decision or action shall not affect the validity of the remaining section or portions of the Ordinance or part thereof. The City Council hereby declares that it would have independently adopted the remaining provisions, sections, subsections, paragraphs, sentences, clauses, phrases, or words of this Ordinance irrespective of the fact that any one or more provisions, sections, subsections, paragraphs, sentences, clauses, phrases, or words may be declared invalid or unconstitutional. SECTION 11. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. SECTION 12. Publication. The City Clerk shall certify to the adoption of this Ordinance and shall publish a summary of this Ordinance and post a certified copy of the full Ordinance in the office of the City Clerk at least five days prior to the adoption and within 15 days after adoption of the Ordinance, the City Clerk shall publish a summary of the Ordinance with the names of the Council Members voting for and against the Ordinance. This Ordinance shall take effect thirty (30) days after the date of its adoption. E= PASSED, APPROVED, AND ADOPTED by the City Council of the City of Rosemead, County of Los Angeles of the State of California on October 23, 2018. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Ericka Hernandez, City Clerk APPROVED AS TO FORM: Rachel H. Richman, City Attorney Burke, Williams & Sorensen, LLP M Steven Ly, Mayor Attachment B Planning Commission Staff Report September 17, 2018 rilmg mo-� i TO: THE HONORABLE CHAIR AND PLANNING COMMISSION FROM: PLANNING DIVISION DATE: SEPTEMBER 17, 2018 SUBJECT: MUNICIPAL CODE AMENDMENT 18-04 SUMMARY The proposed Municipal Code Amendment (MCA 18-04) would amend Rosemead Municipal Code Sections 1.04.130, 2.44.060, and 12.44.050; and restate Chapter 17.40 related to prohibiting medical cannabis dispensaries, cannabis cultivation facilities, and cannabis deliveries. MCA 18-04 would update and broaden the City's existing medical cannabis regulations that generally ban such facilities and expand the ban to what State law now refers to as commercial cannabis facilities to conform with recent changes to State law, and imposes updated regulations on cannabis deliveries and cultivation in accordance with State law. ENVIRONMENTAL DETERMINATION The Ordinance is exempt from environmental review under the. California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000, et seq., "CEQA") and CEQA regulations, Title 14, Chapter 3: (1) Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical. change in the environment); (2) Section 15060(c)(3) (the activity is not a project as defined in Section .15378); and 15061(b)(3), because the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The City has never allowed any commercial cannabis activity under the City's municipal code. The proposed ordinance, therefore, maintains the status quo. Because there is no possibility that this ordinance may have a significant adverse effect on the environment, the adoption of this ordinance is exempt from CEQA. STAFF RECOMMENDATION That the Planning Commission: 1. Conduct a public hearing and receive public testimony; and 2. Adopt Planning Commission Resolution No. 18-16 with findings (Exhibit "A"), a resolution recommending that the City Council adopt Ordinance No. 983 (Exhibit. Planning Commission Meeting September 17, 2018 Page 2 of 17 "B") for the approval of MCA 18-04. DISCUSSION The City currently prohibits medical marijuana dispensaries, marijuana cultivation facilities, and marijuana deliveries under Rosemead Municipal Code Chapter 17.40. In 2016, the City enacted a temporary moratorium pertaining to private marijuana cultivation and non-medical marijuana facilities (under Ordinance 969 and 971) to allow staff to study a potential permanent ordinance regulating all marijuana land uses in the City. This moratorium was extended in 2017 (under Ordinance 977) and will expire on December 12, 2018. California's cannabis (marijuana) laws have undergone significant changes, including the approval of Proposition 64, which resulted in the legal adult use of non-medical marijuana, commercial cannabis activities after obtaining a state license, personal possession and use of cannabis, and personal cultivation of up to six cannabis plants per private residence. On June 27, 2017, the State Legislature adopted Senate Bill 94 (SB 94), which combines the Medical Cannabis Regulation and Safety Act (MCRSA) with the provisions adopted by the Adult Use of Marijuana Act (AVMA) pursuant to Proposition 64. SB 94 combines these two regulatory frameworks under one heading by. repealing MCRSA, inserting the medical marijuana regulations into the provisions adopted by Proposition 64, and renaming the combined provisions as the Medicinal and Adult Use Cannabis Regulation and Safety Act ("MAUCRSA"). MAUCRSA retains the provisions in MCRSA and AUMA that granted focal jurisdictions control over whether commercial cannabis activity could occur in a particular jurisdiction. In addition to consolidating state laws regarding medical marijuana and adult -use marijuana, SB 94 introduced more uniform terminology. SB 94 revised references in existing law from "marijuana" or "medical marijuana" to instead refer to "cannabis" or "medicinal cannabis," and revised references from "nonmedical" to "adult - use." The City desires to amend Rosemead Municipal Code Chapter 17.40 to conform to the updated State law regulations concerning marijuana or, as it is now referred to, cannabis. As a result, Chapter 17.40 will contain the City's marijuana/cannabis regulations and any existing municipal code references to medical marijuana dispensaries that are no longer necessary will be repealed as set forth in this ordinance. In addition, Health and Safety Code Section 11362.3(a)(2) specifies that state law does not permit any person to smoke cannabis or cannabis products in a location where smoking tobacco is prohibited. As a result, this ordinance will make amendments to reference existing municipal code provisions where smoking tobacco is already prohibited and clarify that the smoking prohibition also applies to cannabis and cannabis products. Planning Commission Meeting September 17, 2018 Page 3 of 17 Rosemead Municipal Code Sections The following Rosemead Municipal Code Chapters would be amended and restated with the approval of MCA 18-04: Amendment and Restatement of Chapter 17.40. Chapter 17.40 of the Rosemead Municipal Code is amended and restated in its entirety, as set forth in Ordinance 983 (Exhibit "B") Amendment to Section 1.04.130 - Definitions. Section 1.04.130 of the Rosemead Municipal Code is amended to add a definition for smoking, as follows: "Smoke" or "Smoking" means engaging in an act that generates smoke, such as possessing a lighted pipe, a lighted hookah pipe, a lighted cigar, alighted cigarette, an operating electronic smoking device, or any other act of smoking as defined in Section 22950.5(c) of the Business & Professions Code. This also includes smoking cannabis or cannabis products, as set forth in Section 11362.3 of the Health and Safety Code. Amendment to Section 2.44.060 - Smoking prohibited in ci buildin s. Section 2.44.060 of the Rosemead Municipal Code is amended and restated as follows: It is unlawful to smoke in the following places: A. Any city -owned building, including City Hall, the Community Centers, and park offices; B. Any city -owned or operated vehicle. "No Smoking" signs with letters of not less than one inch in height or the international "No Smoking" symbol, consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it, shall be clearly, sufficiently and conspicuously posted in every building or other place where smoking is prohibited by this section. Violation of this prohibition on smoking shall be an infraction, punishable by a fine of up to $250.00. Amendment to Section 12.44.050 - Prohibition of smoking in public parks. Section 12.44.050 of the Rosemead Municipal Code is amended and restated as follows: A. It is unlawful for any person to smoke in or upon any city park, playground, or recreation center. Such a violation is punishable .as an infraction by a fine not exceeding $250. B. It is unlawful for any person to dispose of lighted or unlighted cigars or cigarettes or cigarette butts, or any other smoking-related waste, in or upon any city park, playground, or recreation center. Such a violation is punishable as an infraction Planning Commission Meeting September 17, 2018 Page 4 of 17 by a fine not exceeding $100.00 for a first violation; $200.00 for a second violation; and $500.00 for each additional violation thereafter. C. it is unlawful for any person to intimidate, threaten any reprisal, or effect any reprisal, for the purpose of retaliating against another person who seeks to obtain compliance with this section. MUNICIPAL CODE REQUIREMENTS Per Rosemead Municipal Code Section 17.152.060, amendments to [the] Zoning Code may be approved only if all of the following findings are first made: 1. The proposed amendment is consistent with the General Plan and any applicable specific plan; The proposed amendment clarifies that medical cannabis dispensaries, cannabis cultivation facilities, and cannabis deliveries.are prohibited in all zoning districts in the City. Medical cannabis dispensaries, cannabis cultivation facilities, and cannabis deliveries are not allowed by the current General Plan and Zoning Code. Adopting Municipal Code Amendment 18-04 maintains the current consistency with the General Plan. 2. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and The proposed amendment will promote public health, safety, and -general welfare and serve the goals and purposes of Title 17 by clarifying and confirming that medical cannabis dispensaries, cannabis cultivation facilities, and cannabis deliveries are prohibited in all zoning districts in the City. The continued prohibition will ensure that none of the negative side effects of medical cannabis dispensaries, cannabis cultivation facilities, and cannabis deliveries will negatively impact the general welfare and public health of the City. The amendment does not authorize any changes to the environment and will have no impacts to properties in the City or their surrounding environment. 3. The proposed amendment is internally consistent with other applicable provisions of [the] Zoning Code. The proposed amendment clarifies that medical cannabis dispensaries, cannabis .cultivation facilities, and cannabis deliveries are prohibited in all zoning districts of the City. Medical cannabis dispensaries, cannabis cultivation facilities, and cannabis deliveries are not allowed by the current General Plan and Zoning Code. Adopting Municipal Code Amendment 18-04 maintains the current consistency with all other provisions of the Zoning Code. Planning Commission Meeting September 17, 2018 Page 5 of 17 PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process, which includes publication in the Rosemead Reader and postings of the notice on six public locations. Pr pared,oy: Lily`Valenzuela Planning & Economic Development Manager EXHIBITS: A. Planning Commission Resolution No. 18-16 B. Draft Ordinance No. 983 Review Su itted by: Ben Ki Director of Community Development Attachment C Planning Commission Meeting Minutes September 17, 2018 Minutes of the PLANNING COMMISSION MEETING September 17, 2018 The regular meeting of the Planning Commission was called to order at 7:00 pm by Vice -Chair Eng in the City Hall Chambers. PLEDGE OF ALLEGIANCE - Vice -Chair Eng INVOCATION — Commissioner Lopez ROLL CALL -- Commissioners Herrera, Lopez, and Vice -Chair Eng EXCUSED ABSENT — Commissioner Dang, Chair Tang Commissioner Lopez made a motion, seconded by Commissioner Herrera to Approve the Excused Absence for Commissioner Dang and Chair Tang. Vote resulted in: Ayes: Eng, Herrera, and Lopez Noes: None Abstain: None Absent: Dang and Tang STAFF PRESENT: City Attorney Thuyen, Community Development Director Kim, Planning & Economic Development Manager Valenzuela, Associate Planner Hanh, and Commission Secretary Lockwood. 1. EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS City Attorney Thuyen presented the procedure and appeal rights of the meeting. 2. PUBLIC COMMENTS FROM THE AUDIENCE None 3. PUBLIC HEARINGS A. CONDITIONAL USE PERMIT 18-03 - Ton Hong has submitted a Conditional Use Permit application to establish a massage services use in an existing commercial unit. The project site is located at 8522 Valley Boulevard, Unit 105, and in a Medium Commercial with Design Overlay (C -31D -O) zone. Per Rosemead Municipal Code Section 17.16.020, approval of a Conditional Use Permit is required in order to establish a massage services use within a Medium Commercial (C-3) zone. PC RESOLUTION 18.15 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DENYING CONDITIONAL USE PERMIT 18-03, A REQUEST TO ESTABLISH A MASSAGE SERVICES USE IN AN EXISTING COMMERCIAL UNIT. THE PROJECT SITE IS LOCATED AT 8522 VALLEY BOULEVARD, UNIT 105 (APN: 5371-010-805), IN A MEDIUM COMMERCIAL WITH DESIGN OVERLAY (C -31D-0) ZONE STAFF RECOMMENDATION - It is recommended that the Planning Commission ADOPT Resolution No. 18-15 with findings and DENY Conditional Use Permit 18-03. Associate Planner Hanh presented the staff report. He stated that it is staff's recommendation to continue this item to the next Planning Commission meeting to be held on Monday, October 1, 2018. Vice -Chair Eng asked if staff is requesting that this item to be continued to Monday, October 1, 2018. Associate Planner Hanh replied yes. Vice -Chair Eng stated the Planning Commission will wait for further information and asked for a motion. Commissioner Herrera made a motion, seconded by Commissioner Lopez to Continue this item to the Planning Commission meeting on Monday, October 1, 2018. Vote resulted in: Ayes. Eng, Herrera, and Lopez Noes: None Abstain: None Absent: Dang and Tang Community Development Director Kim stated this item will be continued to the next Planning Commission meeting to be held on Monday, October 1, 2018. He added this motion passes with a vote of 3 Ayes, 0 Noes, and 2 Excused Absents. B. MUNICIPAL CODE AMENDMENT 18-04 - The proposed Municipal Code Amendment (MCA 18-04) would amend Rosemead Municipal Code Sections 1.04.130, 2.44.060, and 12.44.050; and restate Chapter 17.40 related to prohibiting medical cannabis dispensaries, cannabis cultivation facilities, and cannabis deliveries. MCA 18-04 would update and broaden the City's existing medical cannabis regulations that generally ban such facilities and expand the ban to what State law now refers to as commercial cannabis facilities to conform with recent changes to State law, and imposes updated regulations on cannabis deliveries and cultivation in accordance with State law. PC RESOLUTION 18-16 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT ORDINANCE NO. 983 FOR THE APPROVAL OF MCA 18.04, AMENDING SECTIONS 1.04.030,2.44-060, AND 12.44.050; AND RESTATING CHAPTER 17.40 OF THE ROSEMEAD MUNICIPAL CODE, RELATED TO CANNABIS FACILITIES, CULTIVATION, AND DELIVERIES. STAFF RECOMMMENDATION - That the Planning Commission: 1.Conduct a public hearing and receive public testimony; and 2.Adopt Planning Commission Resolution No. 18-16 with findings (Exhibit "A"), a resolution recommending that the City Council adopt Ordinance No. 983 (Exhibit B") for the approval of MCA 18.04. Planning & Economic Development Manager Valenzuela presented the staff report. Vice -Chair Eng asked the Planning Commission if they had any questions or comments for staff. Commissioner Herrera asked for clarification if this is something that had been approved and needs to be revised. Planning & Economic Development Manager Valenzuela replied that the City is broadening the ban of Cannabis with recent laws that were passed by the State. She explained that the Code is being updated, so it is stronger than what it was, previously. Commissioner Herrera commented so this will make the City of Rosemead individually stronger. Planning & Economic Development Manager Valenzuela stated this will include commercial cannabis also. Commissioner Herrera asked if the way it currently stands has no direction. Planning & Economic Development Manager Valenzuela replied currently the code regulates medical marijuana, whereas, this municipal code amendment is broader and will include commercial cannabis. Commissioner Herrera commented that the public hearing and public testimony would still be required. Planning & Economic Development Manager Valenzuela agreed. Commissioner Lopez asked if the public testimony would be directed to the Planning Commission to convince them, it would be agreeable to bring in cannabis into the City. Planning & Economic Development Manager Valenzuela replied no. Commissioner Lopez asked if this is being opened to Public Hearing to bring this into the next or a future Agenda. City Attorney Thuyen explained that the purpose of this item is to add an ordinance that updates the City Municipal Code according to state law on new cannabis regulations. He added this evening is to get the Planning Commission input and the members of the public on what they would like to recommend to the City Council. Vice -Chair Eng asked if the definition of smoking includes vaping. Planning & Economic Development Manager Valenzuela replied yes, according to state law, it does include vaping. Vice -Chair Eng commented that it includes the electronic smoking device. Planning & Economic Development Manager Valenzuela agreed and stated that she took this item to City Council last year and explained that the County's definition of smoke includes vape. Vice -Chair Eng asked if the City adopts the County's definitions. Planning & Economic Development Manager Valenzuela replied yes. City Attorney Thuyen addressed Vice -Chair Eng and referred to page 12, Section 4, of the Staff Report, where it does define smoking and added it does reference to including an electronic smoking device. Vice -Chair Eng referred to the bottom of page 3,, item B, of the Staff Report, under the heading of, "Amendment to Section 12.44.050 - Prohibition of smoking in Public Park", and asked if this definition of area include public spaces that are not parks. She commented that she does not know if there is anything in the City like gathering places. 3 Community Development Director Kim replied public gathering spaces could be a Community Center or a City Hall. Vice -Chair Eng asked if this prohibition would apply to those public spaces. Community Development Director Kim read a definition that states, "It is unlawful for any person to smoke in or upon any city park, playground, or recreational center", and so the Garvey Center would be considered a recreational center. He stated he would have to check to see if City Hall facility is included in that or not. Vice -Chair Eng asked if public right-of-ways, like sidewalks and things like that, are included in that definition also, and are they considered public space. Planning & Economic Development Manager Valenzuela replied currently the Municipal Code does not make reference to that. City Attorney Thuyen addressed Vice -Chair Eng and clarified that part of the reason these smoking revisions were added is because these are existing regulations in the City concerning smoking and because cannabis regulations do allow them to apply certain penalties for smoking in public spaces where there are existing prohibitions. He added that is why the City went in this direction to conform the existing Municipal Code on smoking to add cannabis smoking. He stated the existing smoking regulations are on City owned properties and public parks. Vice -Chair Eng stated she understands that, but her question is in regards to sidewalks and public spaces, so is there the flexibility of extending that prohibition to public spaces like sidewalks. City Attorney Thuyen replied that is something that has not been reviewed and it can be added as a recommendation to consider further, but he believes it is limited to certain public spaces at this point. Commissioner Lopez stated aren't the streets considered similarto drinking, because you cannot drink and walk around in public. He said wouldn't smoking be the same way because it would be considered as a narcotic and is something that will get you high 90% of the time. He commented, so wouldn't it fall under the same laws as drinking while driving and you can't smoke while driving. Commissioner Herrera asked if smoking in cars is allowed. Commissioner Lopez replied you cannot smoke cannabis while driving. Commissioner Herrera stated she was referring to cigarettes. City Attorney Thuyen reminded the Planning Commission that they are applying the existing smoking regulations to marijuana and if they would like to explore those options, then they would have to explore that with the context of smoking in general as well. Vice -Chair Eng asked the Planning Commission if they would like to include as part of the recommendation for the City Council to consider expanding the definition of public spaces to include public right-of-ways and sidewalks. Commissioner Lopez stated he thought that was already in place. Planning & Economic Development Manager Valenzuela stated the Municipal Code today only refers to public parks, playgrounds, or recreational centers. Community Development Director Kim stated it also includes City buildings, which is in Section 5. 4 Commissioner Lopez inquired if it is acceptable to smoke cannabis in public, for example, it is illegal to drink liquor in public. City Attorney Thuyen thanked Commissioner Lopez for his concern and this helps clarify the issue. He stated State law does prohibit smoking cannabis in public spaces. Vice -Chair Eng stated her concern is that this is a legalized recreational use now and she wants to make sure public spaces is included. She added, technically you can walk on a sidewalk and smoke because it is not prohibited in the Municipal Code. She referred to the existing moratorium in place until the end of this year and asked if this will extend it, or will the time frame remain. Planning & Economic Development Manager Va[enzuela replied that the moratorium expires December 12, 2018, and this is why staff is presenting this item, so that there is something permanent. Vice -Chair Eng thanked staff and asked if there were any further questions or comments for staff. None Vice -Chair Eng opened the Public Hearing and asked if there was anyone wishing to speak on this item. None Vice -Chair Eng closed the Public Hearing and asked for a motion. Commissioner Lopez made a motion, seconded by Commissioner Herrera, to approve Vote resulted in: Ayes: Eng, Herrera, and Lopez Noes: None Abstain: None Absent: Dang and Tang Community Development Director Kim stated the motion passes with a vote of 3 Ayes and 0 Noe's and 2 Excused Absent. He added this item will be presented to the City Council for consideration at a future City Council meeting. 4. CONSENT CALENDAR Commissioner Lopez made a motion, seconded by Commissioner Herrera, to approve PC Minutes 8-20-18 as presented. Vote resulted in: Ayes: Eng, Herrera, and Lopez Noes: None Abstain: None Absent: Dang and Tang Community Development Director Kim stated the motion passes with a vote of 3 Ayes, 0 Noe's, and 2 Excused Absent. 5. MATTERS FROM STAFF None 6. MATTERS FROM THE CHAIR & COMMISSIONERS Commissioner Lopez stated he is attending the APA California Conference from October 7-10, 2018 in San Diego. Commissioner Herrera commented the Moon Festival was great. Vice -Chair Eng stated the Moon Festival was a nice event and thanked staff, the Parks & Recreation Department, Public Works Department, and the organizers for all their hard work. 7. ADJOURNMENT Meeting adjourned at 7:20 pm. The next regular Planning Commission meeting will be on Monday, October 1, 2098, at 7:00 pm in the Council Chambers. Nancy Eng Vice -Chair ATTEST: Rachel Lockwood Commission Secretary Attachment D Planning Commission Resolution No. 18-16 PC RESOLUTION 18-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT ORDINANCE NO. 983 FOR THE APPROVAL OF MCA 18-04, AMENDING SECTIONS 1.04.030, 2.44.060, AND 12.44.050; AND RESTATING CHAPTER 117.40 OF THE ROSEMEAD MUNICIPAL CODE, RELATED TO CANNABIS FACILITIES, CULTIVATION, AND DELIVERIES WHEREAS, Chapter 17.152 of the Rosemead Municipal_ Code authorizes the Planning Commission to consider and recommend proposed municipal code amendments to the City Council; and WHEREAS, on September 6, 2018, a notice was published in the Rosemead Reader and notices were posted in six public locations, specifying the availability of the proposal, and the date, time, and location of the public hearing for Municipal Code Amendment 18-04; and WHEREAS, on September 17, 2018, the Planning Commission held a duly noticed public hearing and recommended approval of Municipal Code Amendment 18-04 to the City Council; and 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. The Ordinance is exempt from environmental review under the California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000, et seq., "CEQA") and CEQA regulations, Title 14, Chapter 3: (1) Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment); (2) Section 15060(c)(3) (the activity is not a project as defined in Section 15378); and 15061(b)(3), because the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The City has never allowed any commercial cannabis activity under the City's municipal code. The proposed ordinance, therefore, maintains the status quo. Because there is no possibility that this ordinance may have a significant adverse effect on the environment, the adoption of this ordinance is exempt from CEQA. SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Municipal Code Amendment 18-01, in accordance with 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 amendment clarifies that medical cannabis dispensaries, cannabis cultivation facilities, and cannabis deliveries are prohibited in all zoning districts in the City. Medical cannabis dispensaries, cannabis cultivation facilities, and cannabis deliveries are not allowed by the current General Plan and Zoning Code. Adopting Municipal Code Amendment 18-04 maintains the current consistency with 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 amendment will promote public health, safety, and general welfare and serve the goals and purposes of Title 17 by clarifying and confirming that medical cannabis dispensaries, cannabis cultivation facilities, and cannabis deliveries are prohibited in all zoning districts in the City. The continued prohibition will ensure that none of the negative side effects of medical cannabis dispensaries, cannabis cultivation facilities, and cannabis deliveries will negatively impact the general welfare and public health of the City. The amendment does not authorize any changes to the environment and will have no impacts to properties in the City or their surrounding environment. C. The proposed amendment is internally consistent with other applicable provisions of [the] Zoning Code. FINDING: The proposed amendment clarifies that medical cannabis dispensaries, cannabis cultivation facilities, and cannabis deliveries are prohibited in all zoning districts of the City. Medical cannabis dispensaries, cannabis cultivation facilities, and cannabis deliveries are not allowed by the current General Plan and Zoning Code. Adopting Municipal Code Amendment 18-04 maintains the current consistency with all other provisions of the Zoning Code. SECTION 3. The Planning Commission HEREBY RECOMMENDS City Council adoption of Ordinance No. 983 for the approval of Municipal Code Amendment 18-04, to amend Rosemead Municipal Code Sections 1.04.130, 2.44.000, and 12.44.050; and restate Chapter 17.40 related to prohibiting medical cannabis dispensaries, cannabis cultivation facilities, and cannabis deliveries. SECTION 4. This resolution is the result of an action taken by the Planning Commission on September 17, 2018, by the following vote: AYES: ENG, HERRERA, AND LOPEZ NOES: NONE ABSTAIN: NONE ABSENT: DANG AND TANG SECTION 5. The Secretary shall certify to the adoption of this resolution and shall transmit copies of same to the Rosemead City Clerk. PASSED, APPROVED, and ADOPTED this 171h day of September 2018. A) Nanc En , Vicnair 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 the 171h day of September 2018, by the following vote: AYES: ENG, HERRERA, AND LOPEZ NOES: NONE ABSTAIN: NONE ABSENT: DANG AND TANG APPROVED AS TO FORM: Kane Thuyen, Planning Commission Attorney Burke, Williams & Sorensen, LLP