HomeMy WebLinkAbout11B - 2ND READ ORD. - MARIJUANA CULTIVATIONREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JANUARY 17, 2017
TITLE:
SECOND READING ORDINANCE:
COMPLIANCE WITH NEW STATE LAW
(PROP 64) TO PERMIT INDOOR
CULTIVATION OF MARIJUANA FOR
PERSONAL USE TO NO MORE THAN
SIX (6) LIVING MARIJUANA PLANTS
WITHIN A PRIVATE RESIDENCE;
PROHIBIT COMMERCIAL AND OUTDOOR
MARIJUANA CULTIVATION
(STRATEGIC PLAN NO. 5, 1)
r CITY TANAGER
Place ordinance on second reading and adopt.
DISCUSSION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2 "d Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
On December 20, 2016, the following ordinance was introduced for first reading and City Council
authorized publication of title by a vote of 6 -1 (Pulido dissented):
ORDINANCE NO. NS -2909 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
TO COMPLY WITH NEW STATE LAW (PROP 64) TO PERMIT INDOOR CULTIVATION OF
MARIJUANA FOR PERSONAL USE TO NO MORE THAN SIX (6) LIVING MARIJUANA PLANTS
WITHIN A PRIVATE RESIDENCE; PROHIBIT COMMERCIAL AND OUTDOOR MARIJUANA
CULTIVATION
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability,
Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative
to expand access to information and create opportunities for stakeholders to play an active role in
discussing public policy and setting priorities).
FISCAL IMPACT
There is no fiscal impact associated with this action.
MariA D. Huizar,
Clerk of the Council
EXHIBIT: 1. Ordinance No. NS -2909 - Marked up version reflecting changes.
2. Ordinance No. NS -2909 - Final version without markups.
1113-1
..w
11 B -2
TB 12/20/16
ORDINANCE NO. NS-
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA TO COMPLY WITH NEW STATE
LAW (PROP 64) QMNANCE TO REG1.11.A -TE PERMIT INDOOR
CULTIVATION OF MARIJUANA FOR PERSONAL USE
TO NO MORE THAN SIX (6) LIVING MARIJUANA PLANTS
WITHIN A PRIVATE RESIDENCE SUBJECTTQ
RE-ASONABL6-REGU.LATIONS ,RIE/IU4tB IA1111�/Ii111R 1LS
'�-' -c�v �rca� .
K--AAIIN- ID —T4AA! C46T4-VAT40N- PWMI-T; PROHIBIT
COMMERCIAL AND OUTDOOR MARIJUANA CULTIVATION
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines, and
declares as follows:
A. On December 15, 2015, the City Council approved passed Ordinance No. 2889
banning the cultivation of marijuana or medical marijuana anywhere in the City. Per
the approval of Prop 64, the City now desires to limit and regulate Indoor cultivation
of marijuana for personal use to no more than six (6) living marijuana plants within a
private residence by subject to rsasenaWe-regalatlsns- and- reg64e individuals 21
years old or older, o e eta ,r, -a-reeldentiai-outtivatien p„Fm',4Gr-�GW-t]Va#GR. The
City also desires to continue to ban outdoor marijuana cultivation and indoor
commercial marijuana cuitivatlon within City limits to the extent allowed by
California law. This Ordinance effectuates that aim.
1. On June 28, 2016, the Secretary of State certified Prop 64, the Control,
Regulate, and Tax Adults Use of Marijuana Act ( "Prop 64 "), for the November 8,
2016 ballot;
2. On November 8, 2016, 57% of the electorate voted "Yes" on the Proposition and
the provisions of Prop 64 took effect on November 9, 2016,
3, Prop 64 authorizes the cultivation by individuals 21 years of age or older to
plant, cultivate, harvest, dry, or process up to six (6) living marijuana plants in a
private residence for personal use.
4. The provisions of the AUMA and its amendments to the Health and Safety Code
took effect on November 9, 2016.
Pursuant to the AUMA, the City may enact reasonable regulations for the
cultivation of non - medical marijuana that occurs inside a residence or accessory
structure to a private residence located upon the grounds of a private residence
that is fully enclosed and secure area. (Health and Safety Code sections
11362.2(a)(1) and 11362.2(b)(1).) The City may completely prohibit outdoor
non - medical marijuana cultivation until such time as the California Attorney
General determines that non - medical use of marijuana is lawful In California
under Federal law. The City may also prohibit indoor commercial cultivation.
11 B -3 Exhibit I
December 20, 2016
Page 2
6. The California Attorney General has not made a determination that non - medical
use of marijuana is lawful in California under Federal law.
7. The City of Santa Ana has a compelling interest in ensuring it is compliant wlth�
State law and that marijuana is not cultivated in an Illegal manner, in protecting
the public health, safety and welfare of its residents and businesses, and in
preserving the lawful use of land within its borders.
B. All provisions of the Santa Ana Municipal Code which are repeated herein are
repeated solely In order to comply with the provisions of section 418 of the Charter
of the City of Santa Ana. Any such restatement of existing provisions of the Code is
not Intended, nor shall it be interpreted, as constituting a new action or decision of
the City Council, but rather such provisions are repeated for tracking purposes only
In conformance with the Charter,
Section 2. Pursuant to the California Environmental Quality Act ( "CEQA ") and the state
CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant
to California Code of Regulations section 16061(b)(3), which is applicable if it can be seen
with certainty that there is no possibility that the project may have a significant effect on
the environment. As a result, a Notice of Exemption will be filed upon the adoption of this
ordinance.
Section 3, Section 18 -611, subdivisions (1) through (r -)(q) are hereby added to
Article XIII of Chapter 18 of the Santa Ana Municipal Code to read in full as follows:
(1) "Private Residence" shall have the same definition as that contained In
Health and Safety Code section 11362.2(5).
{�) "Premises" means a single, legal parcel of property. Where contiguous legal
parcels under common ownership or control, such contiguous legal parcels
shall constitute a single "premises" for purposes of this chapter.
(k) "Parcel' means property assigned a separate parcel number by the Orange
County assessor.
(1) "Marijuana Products" shall have the same definition as that contained In
Health and Safety Code section 11018.1.
(m) "Marijuana Accessories" shall have the same definition as that contained In
Health and Safety Code section 11018.2.
(n) "Personal Cultivation" shall mean the planting, cultivating, harvesting, drying,
or processing of marijuana plants for personal use within a private residence
or accessory structure to a private residence,
(o) "Commercial Cultivation" shall mean the planting, cultivating, harvesting,
drying, or processing of marijuana plants in any structure other than a private
residence,
Ordinance No. N8-
11 B -4
December 20, 2016
Rage 2
(p) "Outdoor Cultivation" shall mean the planting, cultivating, harvesting, drying,
or processing of marijuana plants In any location within the City of Santa Ana
that is not within a fully enclosed and secure structure.
(q) "Fully enclosed and secure structure" means a space within a building,
greenhouse or other structure which has a complete roof enclosure
supported by connecting walls extending from the ground to the roof, which
Is secure against unauthorized entry, provides complete visual screening,
and which is accessible only through one or more lockable doors,
IMIRM"r 211,
M -Mill
Vow-
Section 4, Subsection (e) only of Section 18 -620 of Article XIII of Chapter 18 of the Santa
Ana Municipal Code is hereby deleted in its entirety:
Section 18.620. Compliance with this article and state law.
= c _
Section 5: Section 18.620 of Article XIII of Chapter 18 of the Santa Ana Municipal Code is
hereby amended to add Section 18- 820(e), subdivisions (1), (i) -(v) and, (2), (3), (4)(i) -(ii} and
� and is to read intuit as follows:
18 -620. Compliance with this article and state law
(e) Cultivation of Marijuana.
(1) Personal Cultivation. Individuals 21 years of age or olderwhe- abta4.a
resident at sultavat ton pormit as self^ *� ,h sand+vis sn_(a.)(g) may plant,
cultivate, harvest, dry, or process up to (6) living marijuana plants for
personal use in a private residence or accessory structure to a single
private residence in the City of Santa Ana As- a- eGRd4bn4o- tha- 4asuanse
and must comply with the following requirements:
(i) The marijuana cultivation area shall be located indoors within a
private residence or accessory structure on a single parcel of
properly;
(ii) No more than six (6) living marijuana plants is permitted for indoor
personal cultivation;
(iii) Marijuana in excess of 28.5 grams produced by plants kept for
indoor personal cultivation must be kept in a locked space on the
Ordinance No. NS- _
P.n. of
11B-5
December 20, 201a
Page 2
grounds of the private residence not visible from the public right -of
way.
(iv) There shall be no exterior visibility or evidence of marijuana
cultivation outside the private residence from the public right -of-
way, including but not limited to any marijuana plants, equipment
used in the growing and cultivation operation, or any light
emanating from the cultivation; or
(v) The cultivation may not violate any California Building, Electrical
or Fire Codes or any other health and safety standards.
(2) Commercial Cultivation. Commercial cultivation of marijuana or medical
marijuana is prohibited anywhere in the City. No person, including a
qualified patient or primary caregiver, shall engage, permit, or participate
In the commercial cultivation of marijuana In the City.
(3) Outdoor Cultivation. Outdoor cultivation of marijuana or medical
marijuana is prohibited anywhere In the City. No person, including a
quallfied patient or primary caregiver, shall engage, permit, or participate
In the outdoor cultivation of marijuana in the City,
(4) Nuisance.
(1) It is hereby declared to be unlawful, a public nuisance, and a violation
of this Chapter for any person owning, leasing, occupying, or having
charge or possession of any parcel within the City to cause or allow such
parcel to be used for the cultivation of marijuana, unless the person is
authorized by state law to grow marijuana within a private residence, and
such authorized person is complying with all requirements of this
Chapter.,
(5) Public Nuisance Prohibited.
(1) It is hereby declared to be unlawful and a public nuisance for any
person owning, leasing, occupying, or having charge or possession of
any parcel within the City to create a public nuisance In the course of
cultivating marijuana plants or any part thereof in any location, indoor or
outdoor. A public nuisance may be deemed to exist, if such activity
produces;
(1) Odors which are disturbing to people of reasonable
sensitivity residing or present on adjacent or nearby
property or areas open to the public;
(2) Repeated responses to the parcel by law enforcement
personnel;
Ordinance No. N3-
L �'. �f
11 B -6
December 20, 2016
Page 2
(3) A repeated disruption to the free passage of persons or
vehicles in the neighborhood, excessive noise which is
disturbing to people of normal sensitivity on adjacent or
nearby property or areas open to the public;
(4) Any other impacts on the neighborhood which are
disruptive of normal activity in the area Including, but not
limited to, grow lighting visible outside the dwelling,
excessive vehicular traffic or parking occurring at or near
the dwelling, and excessive noise emanating from the
dwelling.
(5) Outdoor and Commercial growing and cultivatlon of
marijuana.
ea e. e
gig
- aC
a •C
a
a-
a: -
o a
e
11 B -7
Ordinanoe No. NS.
D _r—'
December 20, 2016
Page 2
� C •C
9
Section 6. If any section, subsection, sentence, clause, phrase or portion of this
ordinance Is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Santa Ana hereby declares that
it would have adopted this ordinance and each section, subsection, sentence, clause,
phrase or portion thereof Irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional,
ADOPTED this day of 2017.
APPROVED AS TO FORM
Sonia R. Carvalho, City Attorney
Miguel A. Pulido
Mayor
11 B -8
Ordinance No. NS-
0 --- ~..i
December 20, 2016
Page 2
By: I
TarharZ Bogosian
For City Attorney
AYES:
Councllmembers:
NOES:
Councllmembers:
ABSTAIN:
Counoilmembers:
NOT PRESENT:
Councilmembers:
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Marla Huizar, Clerk of the Council, do hereby attest to and certify that the attached
Ordinance No.NS- to be the original ordinance adopted by the City Council of the
City of Santa Ana on ' and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Date:
11 B -9
Clerk of the Council
City of Santa Ana
Ordinance No. NS-
11B-10
TB 12/20/16
ORDINANCE NO. NS-
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA TO COMPLY WITH NEW STATE
LAW (PROP 64) TO PERMIT INDOOR
CULTIVATION OF MARIJUANA FOR PERSONAL USE
TO NO MORE THAN SIX (6) LIVING MARIJUANA PLANTS
WITHIN A PRIVATE RESIDENCE; PROHIBIT COMMERCIAL
AND OUTDOOR MARIJUANA CULTIVATION
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines, and
declares as follows:
A. On December 15, 2015, the City Council approved passed Ordinance No. 2889
banning the cultivation of marijuana or medical marijuana anywhere in the City, Per
the approval of Prop 64, the City now desires to limit and regulate indoor cultivation
of marijuana for personal use to no more than six (6) living marijuana plants within a
private residence by individuals 21 years old or older. The City also desires to
continue to ban outdoor marijuana cultivation and indoor commercial marijuana
cultivation within City limits to the extent allowed by California law. This Ordinance
effectuates that aim.
1. On June 28, 2016, the Secretary of State certified Prop 64, the Control,
Regulate, and Tax Adults Use of Marijuana Act ( "Prop 64!'), for the November 8,
2016 ballot;
2. On November 8, 2016, 57% of the electorate voted "Yes" on the Proposition and
the provisions of Prop 64 took effect on November 9, 2016.
3. Prop 64 authorizes the cultivation by individuals 21 years of age or older to
plant, cultivate, harvest, dry, or process up to six (6) living marijuana plants in a
private residence for personal use.
4. The provisions of the AUMA and its amendments to the Health and Safety Code
took effect on November 9, 2016.
5. Pursuant to the AUMA, the City may enact reasonable regulations for the
cultivation of non - medical marijuana that occurs inside a residence or accessory
structure to a private residence located upon the grounds of a private residence
that is fully enclosed and secure area. (Health and Safety Code sections
11362.2(a)(1) and 11362.2(b)(1).) The City may completely prohibit outdoor
non - medical marijuana cultivation until such time as the California Attorney
General determines that non - medical use of marijuana is lawful in California
under Federal law. The City may also prohibit indoor commercial cultivation.
6. The California Attorney General has not made a determination that non - medical
use of marijuana is lawful in California under Federal law.
Exhibit 2
11B -11
December 20, 2016
Page 2
7. The City of Santa Ana has a compelling interest in ensuring it is compliant with
State law and that marijuana is not cultivated in an Illegal manner, in protecting
the public health, safety and welfare of its residents and businesses, and in
preserving the lawful use of land within its borders.
B. All provisions of the Santa Ana Municipal Code which are repeated herein are
repeated solely in order to comply with the provisions of section 418 of the Charter
of the City of Santa Ana. Any such restatement of existing provisions of the Code is
not intended, nor shall it be interpreted, as constituting a new action or decision of
the City Council, but rather such provisions are repeated for tracking purposes only
in conformance with the Charter.
Section 2. Pursuant to the California Environmental Quality Act ( "CEQA ") and the state
CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant
to California Code of Regulations section 15061(b)(3), which is applicable if it can be seen
with certainty that there is no possibility that the project may have a significant effect on
the environment. As a result, a Notice of Exemption will be filed upon the adoption of this
ordinance.
Section 3. Section 18 -611, subdivisions (i) through (q) are hereby added to Article
XI 11 of Chapter 18 of the Santa Ana Municipal Code to read in full as follows:
(1) "Private Residence" shall have the same definition as that contained in
Health and Safety Code section 11362.2(5).
(j) "Premises" means a single, legal parcel of property. Where contiguous legal
parcels under common ownership or control, such contiguous legal parcels
shall constitute a single "premises" for purposes of this chapter.
(k) "Parcel" means property assigned a separate parcel number by the Orange
County assessor.
(1) "Marijuana Products" shall have the same definition as that contained in
Health and Safety Code section 11018.1.
(m) "Marijuana Accessories" shall have the same definition as that contained in
Health and Safety Code section 11018,2.
(n) "Personal Cultivation" shall mean the planting, cultivating, harvesting, drying,
or processing of marijuana plants for personal use within a private residence
or accessory structure to a private residence.
(o) "Commercial Cultivation" shall mean the planting, cultivating, harvesting,
drying, or processing of marijuana plants in any structure other than a private
residence.
(p) "Outdoor Cultivation" shall mean the planting, cultivating, harvesting, drying,
or processing of marijuana plants in any location within the City of Santa Ana
that is not within a fully enclosed and secure structure.
Ordinance No, NS-
Page ___. of _
11B-12
December 20, 2016
Page 2
(q) "Fully enclosed and secure structure" means a space within a building,
greenhouse or other structure which has a complete roof enclosure
supported by connecting walls extending from the ground to the roof, which
is secure against unauthorized entry, provides complete visual screening,
and which is accessible only through one or more lockable doors.
Section 4. Subsection (e) only of Section 18 -620 of Article XIII of Chapter 18 of the Santa
Ana Municipal Code is hereby deleted in its entirety:
Section 18 -620. Compliance with this article and state law.
(e) Cultivation of marijuana or medical marijuana is prohibited anywhere in the city.
No person, including a qualified patient or primary caregiver, shall cultivate marijuana or
medical marijuana in the city.
Section 5: Section 18 -620 of Article XIII of Chapter 18 of the Santa Ana Municipal Code is
hereby amended to add Section 18- 620(e), subdivisions (1), (I)-(v) and, (2), (3), (4)(1) -(1% and
(5)(i)(1 -5) and is to read in full as follows:
18 -620. Compliance with this article and state law
(e) Cultivation of Marijuana.
(1) Personal Cultivation, Individuals 21 years of age or older may plant,
cultivate, harvest, dry, or process up to (6) living marijuana plants for
personal use in a private residence or accessory structure to a single
private residence in the City of Santa Ana and must comply with the
following requirements:
(i) The marijuana cultivation area shall be located indoors within a
private residence or accessory structure on a single parcel of
property;
(ii) No more than six (6) living marijuana plants is permitted for indoor
personal cultivation;
(iii) Marijuana in excess of 28.5 grams produced by plants kept for
indoor personal cultivation must be kept in a locked space on the
grounds of the private residence not visible from the public right -of
way.
(iv) There shall be no exterior visibility or evidence of marijuana
cultivation outside the private residence from the public right -of-
way, including but not limited to any marijuana plants, equipment
used in the growing and cultivation operation, or any light
emanating from the cultivation; or
(v) The cultivation may not violate any California Building, Electrical
or Fire Codes or any other health and safety standards.
(2) Commercial Cultivation. Commercial cultivation of marijuana or medical
marijuana is prohibited anywhere in the City. No person, including a
Ordinance No. NS-
Page _ of _
11B-13
December 20, 2016
Page 2
qualified patient or primary caregiver, shall engage, permit, or participate
in the commercial cultivation of marijuana in the City.
(3) Outdoor Cultivation, Outdoor cultivation of marijuana or medical
marijuana is prohibited anywhere in the City. No person, including a
qualified patient or primary caregiver, shall engage, permit, or participate
in the outdoor cultivation of marijuana in the City.
(4) Nuisance.
(1) It is hereby declared to be unlawful, a public nuisance, and a violation
of this Chapter for any person owning, leasing, occupying, or having
charge or possession of any parcel within the City to cause or allow such
parcel to be used for the cultivation of marijuana, unless the person is
authorized by state law to grow marijuana within a private residence, and
such authorized person is complying with all requirements of this
Chapter.
(5) Public Nuisance Prohibited.
(i) It is hereby declared to be unlawful and a public nuisance for any
person owning, leasing, occupying, or having charge or possession of
any parcel within the City to create a public nuisance in the course of
cultivating marijuana plants or any part thereof in any location, indoor or
outdoor. A public nuisance may be deemed to exist, if such activity
produces:
(1) Odors which are disturbing to people of reasonable
sensitivity residing or present on adjacent or nearby
property or areas open to the public;
(2) Repeated responses to the parcel by law enforcement
personnel;
(3) A repeated disruption to the free passage of persons or
vehicles in the neighborhood, excessive noise which is
disturbing to people of normal sensitivity on adjacent or
nearby property or areas open to the public;
(4) Any other impacts on the neighborhood which are
disruptive of normal activity in the area including, but not
limited to, grow lighting visible outside the dwelling,
excessive vehicular traffic or parking occurring at or near
the dwelling, and excessive noise emanating from the
dwelling.
(5) Outdoor and Commercial growing and cultivation of
marijuana.
Section 6. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
Ordinance No. NS-
Page _ of
11B-14
December 20, 2016
Page 2
portions of this ordinance. The City Council of the City of Santa Ana hereby declares that
it would have adopted this ordinance and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
ADOPTED this day of 2017.
Miguel A. Pu
Mayor
APPROVED AS TO FORM
Sonia R. Cary **y Attorney
IBy
For City Attorney
AYES: Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
NOT PRESENT: Councilmembers:
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Maria Huizar, Clerk of the Council, do hereby attest to and certify that the attached
Ordinance No.NS- to be the original ordinance adopted by the City Council of the
City of Santa Ana on , and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Ordinance No. NS-
Page _ of _
11B -15
December 20, 2016
Page 2
Date:
11B-16
Clerk of the Council
City of Santa Ana
Ordinance No. NS-
Page _ of