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CC SR 20171108 01 - Marijuana Prohibition OrdinancesRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 11/08/2017 AGENDA REPORT AGENDA HEADING: Public Hearing AGENDA DESCRIPTION: Consideration and possible action to adopt ordinances to amend Title 17 and Title 5 of the Rancho Palos Verdes Municipal Code to prohibit commercial marijuana activities throughout the City (Case No. ZON2017-00430) RECOMMENDED COUNCIL ACTION: (1) Adopt Ordinance No.U, AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING TITLE 17 (ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL CODE BY ADDING NEW SECTIONS 17.08.046, 17.12.025, 17.26.035, 17.32.055, 17.34.045, 17.44.045, 17.96.445, AND 17.96.1195 TO PROHIBIT COMMERCIAL MARIJUANA ACTIVITIES THROUGHOUT THE CITY, AND FINDING AN EXEMPTION FROM CEQA (CASE NO. ZON2017-00430); (2) Adopt Ordinance No.— U, AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ADDING A NEW CHAPTER 5.33 (COMMERCIAL MARIJUANA ACTIVITIES PROHIBITED) TO TITLE 5 (BUSINESS TAXES, LICENSES AND REGULATIONS) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO PROHIBIT THE ISSUANCE OF BUSINESS LICENSES FOR ALL COMMERCIAL MARIJUANA ACTIVITIES IN THE CITY; (3) Introduce Ordinance No., AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING TITLE 17 (ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL CODE BY ADDING NEW SECTIONS 17.08.046, 17.12.025, 17.26.035, 17.32.055, 17.34.045, 17.44.045, 17.96.445, AND 17.96.1195 TO PROHIBIT COMMERCIAL MARIJUANA ACTIVITIES THROUGHOUT THE CITY, AND FINDING AN EXEMPTION FROM CEQA; and, (4) Introduce Ordinance No._, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ADDING A NEW CHAPTER 5.33 (COMMERCIAL MARIJUANA ACTIVITIES PROHIBITED) TO TITLE 5 (BUSINESS TAXES, LICENSES AND REGULATIONS) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO PROHIBIT THE ISSUANCE OF BUSINESS LICENSE FOR ALL COMMERCIAL MARIJUANA ACTIVITIES IN THE CITY. FISCAL IMPACT: None. Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A 1 ORIGINATED BY: So Kim, AICP, Deputy Director/Planning Manager-ri, REVIEWED BY: Ara Mihranian, AICP, Director of Community Development,i APPROVED BY: Doug Wilmore, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Planning Commission Resolution No. 2017-36 (page A-1) B. Urgency Ordinance No.U, amending Title 17 (page B-1) C. Urgency Ordinance No._U, amending Title 5 (page C-1) D. Ordinance No., amending Title 17 (page D-1) E. Ordinance No._, Amending Title 5 (page E-1) BACKGROUND AND DISCUSSION: In October 2015, the State legislature adopted the Medical Cannabis Regulation and Safety Act ("MCRSA") to establish a statewide regulatory system for the licensing and operation of commercial medical marijuana businesses. MCRSA explicitly allows cities to prohibit each of the permitted types of commercial medical marijuana businesses. In the November 8, 2016, statewide general election, California voters approved Proposition 64, also known as the Control, Regulate, and Tax Adult Use of Marijuana Act ("AUMA"). AUMA legalized the limited personal use and possession of marijuana, and preempted cities from prohibiting the cultivation of up to 6 marijuana plants for personal use indoors at a private residence. In anticipation of its passage, the City Council adopted Urgency Ordinance 590U on November 1, 2016, prohibiting outdoor personal cultivation of marijuana and adopting regulations for indoor personal cultivation. AUMA also established a statewide regulatory system for the licensing and operation of commercial marijuana businesses for recreational use. Recently, the State legislature adopted SB 94, also known as the Medicinal and Adult - Use Cannabis Regulation and Safety Act ("MAUCRSA"). The purpose of SB 94 is to reconcile the differences between MCRSA and AUMA, and to bring medical and recreational marijuana businesses under the same regulatory scheme. Under MAUCRSA, on or about January 1, 2018, the State of California will begin issuing state licenses for commercial marijuana operations (both medical and recreational). The City's Municipal Code currently has no express language regulating the commercial marijuana activities that will be permitted by the State pursuant to SB 94. SB 94 provides for twenty different types of licenses for various commercial marijuana activities. The State marijuana licenses will be for retail sales, cultivation, manufacturing, testing, distribution, and micro businesses. If the City does not specifically prohibit or have regulations in place for commercial marijuana activities prior to January 1, 2018, then businesses that obtain State licenses for commercial marijuana activities not expressly prohibited by local law reasonably may be able to begin those commercial operations in the City. 2 In order to maintain local control over commercial marijuana activities, on October 3, 2017, the City Council initiated a code amendment process to amend Title 17 of the Rancho Palos Verdes Municipal Code (RPVMC) to prohibit all commercial marijuana activities throughout the City. On October 10, 2017, the Planning Commission, at a duly noticed public hearing and after considering all testimony, adopted P.C. Resolution No. 2017-36, recommending that the City Council adopt an ordinance to prohibit commercial marijuana activities throughout the City (Attachment A). Proposed Changes to RPVMC Title 17 The proposed ordinance recommended by the Planning Commission (Attachments B and D) would prohibit commercial marijuana activities in the City by making certain amendments to RPVMC Title 17 (Zoning). The proposed changes are as follows: • Section 17.08.040 — Commercial marijuana activities are prohibited as home occupations. • Section 17.12.025 — Commercial marijuana activities are prohibited in all commercial zoning districts (including Commercial Limited, Commercial Neighborhood, Commercial Professional, Commercial General, and Commercial Recreational). • Section 17.26.035 — Commercial marijuana activities are prohibited in the Institutional zoning district. • Section 17.32.055 — Commercial marijuana activities are prohibited in the Open Space Hazard District. • Section 17.34.045 — Commercial marijuana activities are prohibited in the Open Space Recreation district of the city. • Section 17.44.035 — Commercial marijuana activities are prohibited in the Agriculture district of the city. The proposed ordinance would also amend RPVMC Chapter 17.96 to define commercial marijuana activities as follows: "Commercial marijuana activity" or "commercial marijuana activities" includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of marijuana and marijuana products; except, as applicable, as set forth in Chapter 9.34 (Personal Indoor Marijuana Cultivation) of this code. Commercial marijuana activity or activities includes without limitation any activity covered by the State license classifications provided for in Section 26050 of the Business & Professions Code, and as may be amended. Staff has identified the above-mentioned zoning districts as those marijuana businesses could potentially operate in the City with a State license. The Single -Family and Multi - Family Residential zoning districts were not listed because commercial business are not 3 allowed in these zones unless expressly listed as a use permitted with a conditional use permit or as a home occupation. The intent of the proposed changes is to completely prohibit all commercial marijuana activities in all zoning districts. Proposed Changes to RPVMC Title 5 Staff also recommends that the City Council adopt an ordinance (Attachments C and E) to expressly prohibit each of the 20 different license types that the State may issue from operating in the City by adding a new chapter to RPVMC Title 5 (Business Taxes, Licenses and Regulations). Because this proposed ordinance does not involve changes to the City's zoning code (RPVMC Title 17), the Planning Commission was not required to consider revised language for this RPVMC Title 5. Urgency Ordinances Staff recommends that the City Council adopt urgency ordinances at tonight's meeting (in addition to introducing non -urgency ordinances) due to the time constraint to enact legislation prior to January 1, 2018. In other words, without adopting urgency ordinances tonight, the second reading of the non -urgency ordinances would likely occur at the December 5, 2017, City Council meeting', which means that the ordinances would not go into effect until after January 1, 2018. Government Code § 36937 states that an ordinance becomes effective immediately if the City Council finds, by a four-fifths vote, that the ordinance is for the immediate preservation of the public peace, health, or safety and contains a declaration of the facts constituting the urgency. In this case, the urgency is the fact that the State may begin issuing state licenses for marijuana businesses on January 1, 2018, and the City must have an ordinance in place by that date to ensure that State -licensed marijuana businesses cannot operate in the City beginning January 1, 2018. The City Council can make findings that allowing the operation of commercial marijuana businesses without regulations and limitations specifically crafted to further the City's particular needs and character constitutes a threat to the health, safety, and welfare. If the City Council adopts the urgency ordinances (Attachments B and C) at tonight's meeting, the non -urgency ordinances (Attachments D and E) will return for their second readings on December 5, 2017. This process ensures that (1) the City will have an ordinance in effect prior to January 1, 2018; and (2) the City will also have ordinances in effect through the standard process (two readings plus 30 days) in the unlikely event of a successful challenge to the validity of the urgency ordinances. ALTERNATIVES In addition to the Staff's recommendations, the following alternate actions are available for the City Council's consideration: As of the date that this report was completed, it was expected that the November 21, 2017, City Council meeting might be canceled due to the Thanksgiving holiday. El 1. Take no action. 2. Adopt the urgency ordinances, but amend the proposed ordinances to permit some or all of the 20 types of businesses that will be licensed by the State. These businesses could only be permitted in non-residential zones of the City, such as the commercial zoning districts. 3. Give further direction to Staff. 5 P.C. RESOLUTION NO. 2017-36 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES RECOMMENDING TO THE CITY COUNCIL THAT AN ORDINANCE BE ADOPTED AMENDING TITLE 17 (ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL CODE BY ADDING NEW SECTIONS 17.08.046, 17.12.025, 17.26.035,17.32.055,17.34.045,17.44.045,17.96."5, AND 17.96.1195 TO PROHIBIT COMMERCIAL MARIJUANA ACTIVITIES IN ALL ZONING DISTRICTS OF THE CITY (CASE NO. ZON2017-00430). WHEREAS, in 1996 California voters approved Proposition 215, the Compassionate Use Act ("CUA"), codified as Health and Safety Code §11362.5, to exempt certain patients and their primary caregivers from criminal liability under state law for the possession and cultivation of marijuana for medical purposes; and, WHEREAS, in 2003 the California legislature enacted Senate Bill 420, the Medical Marijuana Program Act ("MMPA"), codified as Health & Safety Code §§ 11362.7, et seq., and as later amended, to clarify the scope of the Compassionate Use Act of 1996 relating to the possession and cultivation of marijuana for medical purpose, and to authorize local governing bodies to adopt and enforce laws consistent with its provisions; and, WHEREAS, in October 2015, the State of California adopted AB 266, AB 243, and SB 643, collectively referred to as the Medical Cannabis Regulation and Safety Act ("MCRSA"), which established a comprehensive regulatory and licensing scheme for commercial medical marijuana operations; and, WHEREAS, at the November 8, 2016 general election, the Control, Regulate and Tax Adult Use of Marijuana Act ("AUMA") was approved by California voters as Proposition 64, which established a comprehensive regulatory and licensing scheme for commercial recreational (adult use) marijuana operations, and which also legalized limited personal recreational marijuana use, possession, and cultivation; and, WHEREAS, on June 27, 2017 Governor Brown signed Senate Bill 94, the Medicinal and Adult Use Cannabis Regulation and Safety Act ("MAUCRSA"), which merged the regulatory regimes of MCRSA and AUMA; and, WHEREAS, the MAUCRSA provides that the State of California will begin issuing licenses in 2018 for both medical and recreational marijuana businesses in 20 different categories, which are found in Business & Professions section of Government Code § 26050, and which categories include marijuana cultivation, manufacturer, testing, retailer, distributor, and microbusiness; and, P.C. Resolution No. 2017-36 Page 1 of 10 A-1 WHEREAS, the MAUCRSA, Business & Professions section of Government Code § 26200(a)(1), provides that local jurisdictions may completely prohibit the establishment or operation of any or all of the 20 different medical and recreational business operations to be licensed by the state under Business & Professions Code § 26050; and, WHEREAS, the MAUCRSA, Business & Professions Code § 26055(d), provides that a state commercial marijuana license may not be issued to an applicant whose operations would violate the provisions of any local ordinance or regulation; and, WHEREAS, the State of California may begin issuing state licenses for marijuana businesses on or about January 1, 2018; and WHEREAS, pursuant to the above-described express statutory authority and the city's police power, the city has the authority to prohibit all commercial marijuana activities (whether not-for-profit or for-profit) that may otherwise be permitted by the State of California under the MCRSA, the AUMA, and the MAUCRSA, by making certain changes to Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code; and, WHEREAS, on September 26, 2017, a Public Notice was published in the Daily Breeze, providing notice of a public hearing before the Planning Commission on October 10, 2017; and WHEREAS, on October 3, 2017, the City Council authorized the initiation of a code amendment to prohibit commercial activities in the City; and, WHEREAS, on October 10, 2017, the Planning Commission held a duly -noticed public hearing, at which time all interested parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES, HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: The Planning Commission finds that the facts set forth in the recitals of this Resolution are true and correct and incorporated herein by reference as though set forth in full. Section 2: The Planning Commission has reviewed and considered the amendments to Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code by adding new sections 17.08.046, 17.12.025, 17.26.035, 17.32.055, 17.34.045, 17.44.045, 17.96.445, and 17.96.1195 to prohibit commercial marijuana activities in all zoning districts of the City. Section 3: The Planning Commission finds that the amendments to Title 17 are consistent with the Rancho Palos Verdes General Plan and Coastal Specific Plan in that they uphold, and not hinder, the goals and policies of those plans. P.C. Resolution No. 2017-36 Page 2 of 10 A-2 Section 4: For the foregoing reasons and based on the information and findings included in the Staff Report, Minutes and other records of proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby recommends to the City Council that, in order to maintain local control, an Ordinance be adopted entitled, AN ORDINANCE AMENDING "TITLE 17 (ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL CODE BY ADDING NEW SECTIONS 17.08.046, 17.12.025, 17.26.035, 17.32.055, 17.34.045, 17.44.045, 17.96.445, AND 17.96.1195 TO PROHIBIT COMMERCIAL MARIJUANA ACTIVITIES IN ALL ZONING DISTRICTS OF THE CITY" in the form attached to this Resolution as Exhibit "A". Section 5: CEQA Exemption. This ordinance is exempt from the California Environmental Quality Act ("CEQK) pursuant to Section 15061(b)(3) because it consists only of minor revisions and clarifications to an existing zoning code and will not have the effect of deleting or substantially changing any regulatory standards or findings. The proposed Ordinance is an action that does not have the potential to cause significant effects on the environment, because it only prohibits commercial marijuana activities throughout the City. PASSED, APPROVED, AND ADOPTED this 10th day of October 2017, by the following vote: AYES: Commissioners Bradley, Leon, Emenhiser, Vice Chairman James NOES: None ABSTENTIONS: None RECUSSALS: None ABSENT: Commissioners Nelson, Tomblin, Chairman Cruikshank Ara n, Director of Community Development Secretary to the Planning Commission Z��Zl ;) c William J. Ja s, Vice Chairman P.C. Resolution No. 2017-36 Page 3 of 10 A-3 EXHIBIT "A" DRAFT ORDINANCE NO. Please see attached. P.C. Resolution No. 2017-36 Page 4 of 10 ORDINANCE NO. _ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING TITLE 17 (ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL CODE BY ADDING NEW SECTIONS 17.08.046, 17.12.025, 17.26.035,17.32.055,17.34.045,17.44.045,17.96."5, AND 17.96.1195 TO PROHIBIT COMMERCIAL MARIJUANA ACTIVITIES THROUGHOUT THE CITY, AND FINDING AN EXEMPTION FROM CEQA (CASE NO. ZON2017-00430). WHEREAS, in 1996 California voters approved Proposition 215, the Compassionate Use Act ("CUA"), codified as Health and Safety Code §11362.5, to exempt certain patients and their primary caregivers from criminal liability under state law for the possession and cultivation of marijuana for medical purposes; and, WHEREAS, in 2003 the California legislature enacted Senate Bill 420, the Medical Marijuana Program Act ("MMPA"), codified as Health & Safety Code §§ 11362.7, et seq., and as later amended, to clarify the scope of the Compassionate Use Act of 1996 relating to the possession and cultivation of marijuana for medical purpose, and to authorize local governing bodies to adopt and enforce laws consistent with its provisions; and, WHEREAS, in October 2015, the State of California adopted AB 266, AB 243, and SB 643, collectively referred to as the Medical Cannabis Regulation and Safety Act ("MCRSA"), which established a comprehensive regulatory and licensing scheme for commercial medical marijuana operations; and, WHEREAS, at the November 8, 2016 general election, the Control, Regulate and Tax Adult Use of Marijuana Act ("AUMA") was approved by California voters as Proposition 64, which established a comprehensive regulatory and licensing scheme for commercial recreational (adult use) marijuana operations, and which also legalized limited personal recreational marijuana use, possession, and cultivation; and, WHEREAS, on June 27, 2017 Governor Brown signed Senate Bill 94, the Medicinal and Adult Use Cannabis Regulation and Safety Act ("MAUCRSA"), which merged the regulatory regimes of MCRSA and AUMA; and, WHEREAS, the MAUCRSA provides that the State of California will begin issuing licenses in 2018 for both medical and recreational marijuana businesses in 20 different categories, which are found in Business & Professions Code § 26050, and which categories include marijuana cultivation, manufacturer, testing, retailer, distributor, and microbusiness; and, WHEREAS, the MAUCRSA, Business & Professions section of Government Code § 26200(a)(1), provides that local jurisdictions may completely prohibit the establishment P.C. Resolution No. 2017-36 Page 5 of 10 M or operation of any or all of the 20 different medical and recreational business operations to be licensed by the state under Business & Professions Code § 26050; and, WHEREAS, the MAUCRSA, Business & Professions Code § 26055(d), provides that a state commercial marijuana license may not be issued to an applicant whose operations would violate the provisions of any local ordinance or regulation; and, WHEREAS, the City Council of the City of Rancho Palos Verdes now desires to expressly prohibit, to the fullest extent allowed under state law, any and all commercial medical and/or recreational marijuana activity, including all of the 20 different MAUCRSA state license categories for both medical and recreational commercial marijuana businesses described above (and as may be amended); and, WHEREAS, this ordinance is enacted, consistent with the Compassionate Use Act of 1996, the Medical Marijuana Program Act of 2003, the Medical Cannabis Regulation and Safety Act of 2015, the Adult Use of Marijuana Act of 2016, and the Medicinal and Adult Use of Cannabis Regulation and Safety Act of 2017, to protect the public health, safety, and welfare of the public in relation to marijuana -related uses and activities; and, WHEREAS, pursuant to the above-described express statutory authority and the city's police power, the city has the authority to prohibit all commercial marijuana activities (whether not-for-profit or for-profit) that may otherwise be permitted by the State of California under the MCRSA, the AUMA, and the MAUCRSA, by making certain changes to Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code; and, WHEREAS, the City Council of the City of Rancho Palos Verdes affirms that Title 17 ("Zoning") of the Rancho Palos Verdes Municipal Code is structured as a permissive zoning code, wherein any use not enumerated as allowed is prohibited, and that the prohibitions on commercial marijuana activities being added to Title 17 are to fully comply with requirements of state law when a city desires to prohibit commercial marijuana activities; and, WHEREAS, on September 26, 2017, a Public Notice was published in the Daily Breeze, providing notice of a public hearing before the Planning Commission on October 10, 2017; and WHEREAS, on October 3, 2017, the City Council authorized the initiation of a code amendment to prohibit commercial activities in the City; and, WHEREAS, on October 10, 2017, the Planning Commission conducted a duly noticed public hearing on this Ordinance and adopted P.C. Resolution No. 2017-_, recommending that the City Council adopt the same; and, WHEREAS, on , a Public Notice was published in the Daily Breeze, providing notice of a public hearing before the City Council on November 8, 2017; and P.C. Resolution No. 2017-36 Page 6 of 10 w o WHEREAS, on November 8, 2017, the City Council conducted a duly noticed public hearing on this Ordinance, and all testimony received was made a part of the public record; and, WHEREAS, the City Council has duly considered all information presented to it, including the Planning Commission findings, P.C. Resolution No. 2017-_, written staff reports, and any testimony provided at the public hearing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1: The City Council of the City of Rancho Palos Verdes hereby makes the following findings: A. The above recitals are true and correct and incorporated herein by this reference. B. It is the intent and purpose of this Ordinance that all commercial marijuana activities that may be licensed by the State of California be prohibited throughout the City of Rancho Palos Verdes. Section 2: A new section 17.08.040 is hereby added to Chapter 17.08 (Home Occupations) of the Rancho Palos Verdes Municipal Code to read in its entirety as follows: "17.08.040 — Commercial marijuana activities is prohibited. Notwithstanding any other provision of this code, commercial marijuana activities, as defined in Section 17.96.445, are not permitted as home occupations in the City." Section 3: A new section 17.12.025 is hereby added to Chapter 17.12 (Commercial Districts) of the Rancho Palos Verdes Municipal Code to read in its entirety as follows: "17.12.025 — Commercial marijuana activities is prohibited. Notwithstanding any other provision of this code, commercial marijuana activities, as defined in Section 17.96.445, are prohibited in all commercial districts in the City." Section 4: A new section 17.26.035 is hereby added to Chapter 17.26 (Institutional District) of the Rancho Palos Verdes Municipal Code to read in its entirety as follows: "17.26.035 — Commercial marijuana activities prohibited. Notwithstanding any other provision of this code, commercial marijuana activities, as defined in Section 19.96.445, are prohibited in the institutional district of the City." P.C. Resolution No. 2017-36 Page 7 of 10 A-7 Section 5: A new section 17.32.055 is hereby added to Chapter 17.32 (Open Space Hazard District) of the Rancho Palos Verdes Municipal Code to read in its entirety as follows: "17.34.055 — Commercial marijuana activities prohibited. Notwithstanding any other provision of this code, commercial marijuana activities, as defined in Section 17.96.445, are prohibited in the open space hazard district of the City." Section 6: A new section 17.34.045 of Chapter 17.34 (Open Space Recreation District) of the Rancho Palos Verdes Municipal Code to read in its entirety as follows: "17.34.045 — Commercial marijuana activities prohibited. Notwithstanding any other provision of this code, commercial marijuana activities, as defined in Section 17.96.445, are prohibited in the open space recreation district of the City." Section 7: A new section 17.44.045 is hereby added to Chapter 17.44 (Agriculture District) of the Rancho Palos Verdes Municipal Code to read in its entirety as follows: 17.44.035 —Commercial marijuana activities prohibited. Notwithstanding any other provision of this code, commercial marijuana activities, as defined in Section 17.96.445, are prohibited in the agriculture district of the City." Section 8: A new section 17.96.445 (Commercial marijuana activities) is hereby added to the Rancho Palos Verdes Municipal Code to read in its entirety as follows: "17.96.445 -- Commercial marijuana activities. "Commercial marijuana activity" or "commercial marijuana activities" includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of marijuana and marijuana products; except, as applicable, as set forth in Chapter 9.34 (Personal Indoor Marijuana Cultivation) of this code. Commercial marijuana activity or activities includes without limitation any activity covered by the state license classifications provided for in Section 26050 of the Business & Professions Code, and as may be amended. " Section 9: A new section 17.96.1195 (Marijuana) is hereby added to the Rancho Palos Verdes Municipal Code to read in its entirety as follows: "17.96.1195 — Marijuana. "Marijuana" has the same definition as provided in Section 26001 of the Business & Professions Code for the term "cannabis," and as may be amended, defined as "all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether P.C. Resolution No. 2017-36 Page 8 of 10 • 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." Section 10: CEQA Exemption. This ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15061(b)(3) because it consists only of minor revisions and clarifications to an existing zoning code and will not have the effect of deleting or substantially changing any regulatory standards or findings. The proposed Ordinance is an action that does not have the potential to cause significant effects on the environment, because it only prohibits commercial marijuana activities throughout the City. Section 11: Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each and every section, subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. Section 12: Certification and Posting. The City Clerk shall cause this Ordinance to be posted in three (3) public places in the City within fifteen (15) days after its passage, in accordance with the provisions of Section 36933 of the Government Code. The City Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of the Council of this City. Section 13: Effective Date. This Ordinance shall go into effect on the 31St day after its passage. PASSED, APPROVED AND ADOPTED this __._ day of , 2017. Attest: Emily Colborn, City Clerk Brian Campbell, Mayor P.C. Resolution No. 2017-36 Page 9 of 10 two STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss CITY OF RANCHO PALOS VERDES ) I, EMILY COLBORN, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. passed first reading on 2017, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on , 2017, and that the same was passed and adopted by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Emily Colborn, City Clerk P.C. Resolution No. 2017-36 Page 10 of 10 A-10 ORDINANCE NO. U AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING TITLE 17 (ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL CODE BY ADDING NEW SECTIONS 17.08.046, 17.12.025, 17.26.035, 17.32.055, 17.34.045, 17.44.045, 17.96.445, AND 17.96.1195 TO PROHIBIT COMMERCIAL MARIJUANA ACTIVITIES THROUGHOUT THE CITY, AND FINDING AN EXEMPTION FROM CEQA (CASE NO. ZON2017-00430). WHEREAS, in 1996 California voters approved Proposition 215, the Compassionate Use Act ("CUA"), codified as Health and Safety Code §11362.5, to exempt certain patients and their primary caregivers from criminal liability under state law for the possession and cultivation of marijuana for medical purposes; and, WHEREAS, in 2003 the California legislature enacted Senate Bill 420, the Medical Marijuana Program Act ("MMPA"), codified as Health & Safety Code §§ 11362.7, et seq., and as later amended, to clarify the scope of the Compassionate Use Act of 1996 relating to the possession and cultivation of marijuana for medical purpose, and to authorize local governing bodies to adopt and enforce laws consistent with its provisions; and, WHEREAS, in October 2015, the State of California adopted AB 266, AB 243, and SB 643, collectively referred to as the Medical Cannabis Regulation and Safety Act ("MCRSA"), which established a comprehensive regulatory and licensing scheme for commercial medical marijuana operations; and, WHEREAS, at the November 8, 2016, general election, the Control, Regulate and Tax Adult Use of Marijuana Act ("AUMA") was approved by California voters as Proposition 64, which established a comprehensive regulatory and licensing scheme for commercial recreational (adult use) marijuana operations, and which also legalized limited personal recreational marijuana use, possession, and cultivation; and, WHEREAS, on June 27, 2017, Governor Brown signed Senate Bill 94, the Medicinal and Adult Use Cannabis Regulation and Safety Act ("MAUCRSA"), which merged the regulatory regimes of MCRSA and AUMA; and, WHEREAS, MAUCRSA provides that the State of California will begin issuing licenses in 2018 for both medical and recreational marijuana businesses in 20 different categories, which are found in Business & Professions Code § 26050, and which categories include marijuana cultivation, manufacturer, testing, retailer, distributor, and microbusiness; and, WHEREAS, MAUCRSA, Business & Professions section of Government Code § 26200(a)(1), provides that local jurisdictions may completely prohibit the establishment or operation of any or all of the 20 different medical and recreational business operations to be licensed by the state under Business & Professions Code § 26050; and, WHEREAS, MAUCRSA, Business & Professions Code § 26055(d), provides that a state commercial marijuana license may not be issued to an applicant whose operations would violate the provisions of any local ordinance or regulation; and, WHEREAS, the City Council of the City of Rancho Palos Verdes now desires to expressly prohibit, to the fullest extent allowed under state law, any and all commercial medical and/or recreational marijuana activity, including all of the 20 different MAUCRSA state license categories for both medical and recreational commercial marijuana businesses described above (and as may be amended); and, WHEREAS, this ordinance is enacted, consistent with the Compassionate Use Act of 1996, the Medical Marijuana Program Act of 2003, the Medical Cannabis Regulation and Safety Act of 2015, the Adult Use of Marijuana Act of 2016, and the Medicinal and Adult Use of Cannabis Regulation and Safety Act of 2017, to protect the public health, safety, and welfare of the public in relation to marijuana -related uses and activities; and, WHEREAS, pursuant to the above-described express statutory authority and the City's police power, the City has the authority to prohibit all commercial marijuana activities (whether not-for-profit or for-profit) that may otherwise be permitted by the State of California under MCRSA, AUMA, and MAUCRSA, by making certain changes to Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code; and, WHEREAS, the City Council of the City of Rancho Palos Verdes affirms that Title 17 ("Zoning") of the Rancho Palos Verdes Municipal Code is structured as a permissive zoning code, wherein any use not enumerated as allowed is prohibited, and that the prohibitions on commercial marijuana activities being added to Title 17 are to fully comply with requirements of state law when a City desires to prohibit commercial marijuana activities; and, WHEREAS, Government Code sections 36934 and 36937 authorize the City Council to adopt an urgency ordinance that becomes effective immediately upon its adoption by a four-fifths vote of the City Council for the immediate preservation of the public peace, health or safety of the City; and, WHEREAS, this Urgency Ordinance is necessary for the immediate preservation of the public peace, health and safety of the City within the meaning of Government Code section 36937 due to the above-described January 1, 2018, deadline for the State of California to begin issuing licenses for commercial marijuana activities, and the fact the City must have an ordinance that is effective prior to January 1, 2018, in order to ensure that any such state -licensed businesses are prohibited from operating in the City; and WHEREAS, the City Council finds that allowing state licensed commercial marijuana businesses to locate within the City without regulations and limitations that Ordinance No. U Page 2 of 6 specifically address the City's needs and character constitutes an immediate threat to the public health, safety, and welfare; and WHEREAS, all legal prerequisites to the adoption of this ordinance have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1: The City Council of the City of Rancho Palos Verdes hereby makes the following findings: A. The above recitals are true and correct and incorporated herein by this reference. B. It is the intent and purpose of this Ordinance that all commercial marijuana activities that may be licensed by the State of California be prohibited throughout the City of Rancho Palos Verdes. C. This urgency ordinance is necessary for the immediate preservation of the public peace, health and safety of the City within the meaning of Government Code section 36937 in order to prohibit all commercial marijuana activities that may be licensed by the State of California beginning January 1, 2018 from operating in the City. Section 2: A new section 17.08.040 is hereby added to Chapter 17.08 (Home Occupations) of the Rancho Palos Verdes Municipal Code to read in its entirety as follows: 17.08.040 — Commercial marijuana activities is prohibited. Notwithstanding any other provision of this code, commercial marijuana activities, as defined in Section 17.96.445, are not permitted as home occupations in the City." Section 3: A new section 17.12.025 is hereby added to Chapter 17.12 (Commercial Districts) of the Rancho Palos Verdes Municipal Code to read in its entirety as follows: 17.12.025 — Commercial marijuana activities is prohibited. Notwithstanding any other provision of this code, commercial marijuana activities, as defined in Section 17.96.445, are prohibited in all commercial districts in the City." Section 4: A new section 17.26.035 is hereby added to Chapter 17.26 (Institutional District) of the Rancho Palos Verdes Municipal Code to read in its entirety as follows: 17.26.035 — Commercial marijuana activities prohibited. Ordinance No. U Page 3 of 6 Notwithstanding any other provision of this code, commercial marijuana activities, as defined in Section 19.96.445, are prohibited in the institutional district of the City." Section 5: A new section 17.32.055 is hereby added to Chapter 17.32 (Open Space Hazard District) of the Rancho Palos Verdes Municipal Code to read in its entirety as follows: 17.34.055 — Commercial marijuana activities prohibited. Notwithstanding any other provision of this code, commercial marijuana activities, as defined in Section 17.96.445, are prohibited in the open space hazard district of the City." Section 6: A new section 17.34.045 of Chapter 17.34 (Open Space Recreation District) of the Rancho Palos Verdes Municipal Code to read in its entirety as follows: 17.34.045 — Commercial marijuana activities prohibited. Notwithstanding any other provision of this code, commercial marijuana activities, as defined in Section 17.96.445, are prohibited in the open space recreation district of the City." Section 7: A new section 17.44.045 is hereby added to Chapter 17.44 (Agriculture District) of the Rancho Palos Verdes Municipal Code to read in its entirety as follows: 17.44.035 —Commercial marijuana activities prohibited. Notwithstanding any other provision of this code, commercial marijuana activities, as defined in Section 17.96.445, are prohibited in the agriculture district of the City." Section 8: A new section 17.96.445 (Commercial marijuana activities) is hereby added to the Rancho Palos Verdes Municipal Code to read in its entirety as follows: "17.96.445 -- Commercial marijuana activities. "Commercial marijuana activity" or "commercial marijuana activities" includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of marijuana and marijuana products; except, as applicable, as set forth in Chapter 9.34 (Personal Indoor Marijuana Cultivation) of this code. Commercial marijuana activity or activities includes without limitation any activity covered by the state license classifications provided for in Section 26050 of the Business & Professions Code, and as may be amended. " Section 9: A new section 17.96.1195 (Marijuana) is hereby added to the Rancho Palos Verdes Municipal Code to read in its entirety as follows: 17.96.1195 — Marijuana. Ordinance No. U Page 4 of 6 "Marijuana" has the same definition as provided in Section 26001 of the Business & Professions Code for the term "cannabis," and as may be amended, defined as "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." Section 10: CEQA Exemption. This ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15061(b)(3) because it consists only of minor revisions and clarifications to an existing zoning code and will not have the effect of deleting or substantially changing any regulatory standards or findings. The proposed Ordinance is an action that does not have the potential to cause significant effects on the environment, because it only prohibits commercial marijuana activities throughout the City. Section 11: Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each and every section, subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. Section 12: Certification and Posting. The City Clerk shall cause this Ordinance to be posted in three (3) public places in the City within fifteen (15) days after its passage, in accordance with the provisions of Section 36933 of the Government Code. The City Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of the Council of this City. Section 13: Effective Date. This Urgency Ordinance shall go into effect immediately upon its adoption by at least a four-fifths vote of the City Council pursuant to Government Code sections 36934 and 36937. Ordinance No. U Page 5 of 6 AM PASSED, APPROVED AND ADOPTED this day of , 2017. Brian Campbell, Mayor Attest: Emily Colborn, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss CITY OF RANCHO PALOS VERDES ) I, EMILY COLBORN, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. U was duly adopted by the City Council of said City at a regular meeting thereof held on , 2017, and that the same was passed and adopted by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Emily Colborn, City Clerk Ordinance No. U Page 6 of 6 ORDINANCE NO. _U AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ADDING A NEW CHAPTER 5.33 (COMMERCIAL MARIJUANA ACTIVITIES PROHIBITED) TO TITLE 5 (BUSINESS TAXES, LICENSES AND REGULATIONS) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO PROHIBIT THE ISSUANCE OF BUSINESS LICENSES FOR ALL COMMERCIAL MARIJUANA ACTIVITIES IN THE CITY. WHEREAS, in 1996 California voters approved Proposition 215, the Compassionate Use Act ("CUA"), codified as Health and Safety Code §11362.5, to exempt certain patients and their primary caregivers from criminal liability under state law for the possession and cultivation of marijuana for medical purposes; and, WHEREAS, in 2003 the California legislature enacted Senate Bill 420, the Medical Marijuana Program Act ("MMPA"), codified as Health & Safety Code §§ 11362.7, et seq., and as later amended, to clarify the scope of the Compassionate Use Act of 1996 relating to the possession and cultivation of marijuana for medical purpose, and to authorize local governing bodies to adopt and enforce laws consistent with its provisions; and, WHEREAS, in October 2015, the State of California adopted AB 266, AB 243, and SB 643, collectively referred to as the Medical Cannabis Regulation and Safety Act ("MCRSA"), which established a comprehensive regulatory and licensing scheme for commercial medical marijuana operations; and, WHEREAS, at the November 8, 2016, general election, the Control, Regulate and Tax Adult Use of Marijuana Act ("AUMA") was approved by California voters as Proposition 64, which established a comprehensive regulatory and licensing scheme for commercial recreational (adult use) marijuana operations, and which also legalized limited personal recreational marijuana use, possession, and cultivation; and, WHEREAS, on June 27, 2017, Governor Brown signed Senate Bill 94, the Medicinal and Adult Use Cannabis Regulation and Safety Act ("MAUCRSA"), which merged the regulatory regimes of MCRSA and AUMA; and, WHEREAS, MAUCRSA provides that the State of California will begin issuing licenses in 2018 for both medical and recreational marijuana businesses in 20 different categories, which are found in Business & Professions Code § 26050, and which categories include marijuana cultivation, manufacturer, testing, retailer, distributor, and microbusiness; and, WHEREAS, MAUCRSA, Business & Professions section of Government Code § 26200(a)(1), provides that local jurisdictions may completely prohibit the establishment or operation of any or all of the 20 different medical and recreational business operations to be licensed by the state under Business & Professions Code § 26050; and, C-1 WHEREAS, MAUCRSA, Business & Professions Code § 26055(d), provides that a state commercial marijuana license may not be issued to an applicant whose operations would violate the provisions of any local ordinance or regulation; and, WHEREAS, the City Council of the City of Rancho Palos Verdes now desires to expressly prohibit, to the fullest extent allowed under state law, any and all commercial medical and/or recreational marijuana activity, including all of the 20 different MAUCRSA state license categories for both medical and recreational commercial marijuana businesses described above (and as may be amended); and, WHEREAS, this ordinance is enacted, consistent with the Compassionate Use Act of 1996, the Medical Marijuana Program Act of 2003, the Medical Cannabis Regulation and Safety Act of 2015, the Adult Use of Marijuana Act of 2016, and the Medicinal and Adult Use of Cannabis Regulation and Safety Act of 2017, to protect the public health, safety, and welfare of the public in relation to marijuana -related uses and activities; and, WHEREAS, pursuant to the above-described express statutory authority and the City's police power, the City has the authority to prohibit all commercial marijuana activities (whether not-for-profit or for-profit) that may otherwise be permitted by the State of California under MCRSA, AUMA, and MAUCRSA, by adding a new chapter 5.33 (Commercial Marijuana Activities Prohibited) of the Rancho Palos Verdes Municipal Code; and WHEREAS, because the definition of "retailer" contained in the new Chapter 5.33 (Commercial Marijuana Activities) added to the Rancho Palos Verdes Municipal Code by this ordinance includes the term "Marijuana dispensary, store, or co-op" and prohibits such businesses from operating in the City, the City Council also desires to remove the existing definition of "Marijuana dispensary, store, or co-op" from Section 5.10.010 (Definitions) of Title 5 (Business Taxes, Licenses and Regulations) of the Rancho Palos Verdes Municipal code; and WHEREAS, Government Code sections 36934 and 36937 authorize the City Council to adopt an urgency ordinance that becomes effective immediately upon its adoption by a four-fifths vote of the City Council for the immediate preservation of the public peace, health or safety of the City; and WHEREAS, this Urgency Ordinance is necessary for the immediate preservation of the public peace, health and safety of the City within the meaning of Government Code section 36937 due to the above-described January 1, 2018, deadline for the State of California to begin issuing licenses for commercial marijuana activities, and the fact the City must have an ordinance that is effective prior to January 1, 2018, in order to ensure that any such state -licensed businesses are prohibited from operating in the City; and WHEREAS, the City Council finds that allowing state licensed commercial marijuana businesses to locate within the City without regulations and limitations that Ordinance No. U Page 2 of 7 C-2 specifically address the City's needs and character constitutes an immediate threat to the public health, safety, and welfare; and WHEREAS, all legal prerequisites to the adoption of this ordinance have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1: The City Council of the City of Rancho Palos Verdes hereby makes the following findings: A. The above recitals are true and correct and incorporated herein by this reference. B. It is the intent and purpose of this Ordinance that all commercial marijuana activities that may be licensed by the State of California be prohibited throughout the City of Rancho Palos Verdes. C. This urgency ordinance is necessary for the immediate preservation of the public peace, health and safety of the City within the meaning of Government Code section 36937 in order to prohibit all commercial marijuana activities that may be licensed by the State of California beginning January 1, 2018 from operating in the City. Section 2: A new Chapter 5.33 (Commercial Marijuana Activities Prohibited) is hereby added to the Rancho Palos Verdes Municipal Code to read in its entirety as follows: "CHAPTER 5.33 COMMERCIAL MARIJUANA ACTIVITIES PROHIBITED 5.33.010 Purpose and intent. 5.33.020 Definitions. 5.33.030 Prohibition of commercial marijuana activities. 5.33.040 Violations and penalties; public nuisance. 5.33.010 Purpose and intent. A. In order to preserve the public health, safety, and welfare of the residents and businesses of the City, all marijuana -related businesses, activities and uses are prohibited, unless local control is otherwise preempted by state law, and except as provided for by Chapter 9.34 (Personal Marijuana Cultivation). B. This chapter is not intended to interfere with a patient's right to medical marijuana as provided for in Section 11362.5 of the Health & Safety Code. Ordinance No. U Page 3 of 7 C-3 5.33.020 Definitions. The following words and phrases shall, for the purposes of this chapter, have the meanings respectively ascribed to them by this section, as follows: A. "Cannabis" has the same definition as "marijuana" provided in this Chapter. B. "Commercial marijuana activity" includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of marijuana and marijuana products; except, as applicable, as set forth in Chapter 9.34 (Personal Marijuana Cultivation) of this code. C. "Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana. D. "Delivery" means the commercial transfer of marijuana or marijuana products to a customer, and includes the use of any technology platform owned and controlled by the same person making such use. E. "Distribution" means the procurement, sale, and transport of marijuana and marijuana products between entities licensed for and/or engaged in commercial marijuana activities. F. "Distributor" means a person engaged in distribution. G. "Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a marijuana product. H. "Manufacturer" means a person that conducts the production, preparation, propagation, or compounding of marijuana or marijuana products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages marijuana or marijuana products or labels or relabels its container. I. "Marijuana" has the same definition as provided in Section 26001 of the Business & Professions Code for the term "cannabis," and as may be amended, defined as "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." J. "Marijuana products" means marijuana that has undergone a process whereby the plant material has been transformed into a concentrate, including but not limited to, concentrated marijuana, or an edible or topical product containing marijuana or concentrated marijuana and other ingredients. K. "Medical marijuana" or "medical marijuana product" means marijuana or a marijuana product used for medical purposes in accordance with state law, including the Compassionate Use Act (Health and Safety Code § 11362.5) and Ordinance No. U Page 4 of 7 C-4 the Medical Marijuana Program Act (Health and Safety Code §§ 11362.7, et seq. ). L. "Microbusiness" shall have the same definition as provided for in Section 26070 of the Business and Professions Code, and as may be amended from time to time. M. "Nursery" means a person that produces only clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of marijuana. N. "Person" means any individual, firm, co -partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Retailer" shall mean a person engaged in the retail sale and delivery of marijuana or marijuana products to customers. P. "Testing laboratory" means a laboratory, facility, or entity that offers or performs tests on marijuana or marijuana products. 5.33.030 Prohibition of commercial marijuana activities. A. All commercial marijuana activities, whether medical or recreational (adult use) and including non-profit operations, are expressly prohibited throughout the City (except for as preempted by state law). No person shall establish, operate, conduct, or allow commercial marijuana activities anywhere within the City except for as preempted by state law. B. The City shall not issue any permit, license, or entitlement for any commercial marijuana activity (except for as preempted by state law), including, but not limited to, any activity covered by the state license classifications listed below as provided for in Section 26050 of the Business & Professions Code: 1. Type 1 = Cultivation; Specialty outdoor; Small. 2. Type 1A = Cultivation; Specialty indoor; Small. 3. Type 1 B = Cultivation; Specialty mixed -light; Small. 4. Type 1 C = Cultivation; Specialty cottage; Small. 5. Type 2 = Cultivation; Outdoor; Small. 6. Type 2A = Cultivation; Indoor; Small. 7. Type 2B = Cultivation; Mixed -light; Small. 8. Type 3 = Cultivation; Outdoor; Medium. 9. Type 3A = Cultivation; Indoor; Medium. 10. Type 3B = Cultivation; Mixed -light; Medium. 11. Type 4 = Cultivation; Nursery. 12. Type 5 = Cultivation; Outdoor; Large. 13. Type 5A= Cultivation; Indoor; Large. 14. Type 5B = Cultivation; Mixed -light; Large. 15. Type 6 = Manufacturer 1. 16. Type 7 = Manufacturer 2. 17. Type 8 = Testing laboratory. 18. Type 10 = Retailer. 19. Type 11 = Distributer. Ordinance No. U Page 5 of 7 C-5 20. Type 12 = Microbusiness. C. This prohibition includes any activities authorized under new or revised state licenses, or any other state authorization, to allow any type, category or classification of medical or recreational (adult use) marijuana commercial activities, or similar operations, including non-profit, collective or cooperative operations. D. The prohibition provided by this section includes medical marijuana collectives and cooperatives that operate pursuant to Section 11362.775 of the Health & Safety Code, the Compassionate Use Act, or otherwise. 5.33.040 Violations and penalties; public nuisance. A. A violation of this chapter shall be subject to any criminal or civil enforcement remedies available under the law and the Rancho Palos Verdes Municipal Code. In addition, the City may prosecute a violation of this chapter by means of civil enforcement through a restraining order, a preliminary or permanent injunction, or by any other means authorized by law or equity. Notwithstanding any other provision of this code, no conduct which is protected from criminal liability pursuant to state law shall be made criminal by this chapter. B. Any violation of the provisions of this chapter is declared to be a public nuisance and may be abated by the City either pursuant to the Rancho Palos Verdes Municipal Code, including but not limited to procedures provided for in Chapter 8.24 (Property Maintenance), or any other available remedies at law or equity. C. At the discretion of the City prosecutor, any violation of this chapter is punishable as an infraction pursuant to Section 1.08.010(8) of this code, or punishable as a misdemeanor pursuant to Section 1.08.010(A) of this code. D. The remedies described in this section are not exclusive. Pursuit of any one remedy shall not preclude City from availing itself of any or all available administrative, civil, or criminal remedies, at law or equity." Section 3: The definition for "Marijuana dispensary, store, or co-op" is hereby deleted from Section 5.10.010 (Definitions) of Title 5 (Business Licenses, Taxes and Regulations) of the Rancho Palos Verdes Municipal Code. Section 4: Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each and every section, subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. Section5: Certification and Posting. The City Clerk shall cause this Ordinance to be posted in three (3) public places in the City within fifteen (15) days after its passage, in accordance with the provisions of Section 36933 of the Government Code. The City Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause Ordinance No. U Page 6 of 7 C-6 this Ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of the Council of this City. Section 6: Effective Date. This Urgency Ordinance shall go into effect immediately upon its adoption by at least a four-fifths vote of the City Council pursuant to Government Code sections 36934 and 36937. PASSED, APPROVED AND ADOPTED this _ day of 12017. Brian Campbell, Mayor Attest: Emily Colborn, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss CITY OF RANCHO PALOS VERDES ) I, EMILY COLBORN, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. U was duly adopted by the City Council of said City at a regular meeting thereof held on , 2017, and that the same was passed and adopted by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Emily Colborn, City Clerk Ordinance No. U Page 7 of 7 C-7 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING TITLE 17 (ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL CODE BY ADDING NEW SECTIONS 17.08.046, 17.12.025, 17.26.035, 17.32.055, 17.34.045, 17.44.045, 17.96.445, AND 17.96.1195 TO PROHIBIT COMMERCIAL MARIJUANA ACTIVITIES THROUGHOUT THE CITY, AND FINDING AN EXEMPTION FROM CEQA (CASE NO. ZON2017-00430). WHEREAS, in 1996 California voters approved Proposition 215, the Compassionate Use Act ("CUA"), codified as Health and Safety Code §11362.5, to exempt certain patients and their primary caregivers from criminal liability under state law for the possession and cultivation of marijuana for medical purposes; and, WHEREAS, in 2003 the California legislature enacted Senate Bill 420, the Medical Marijuana Program Act ("MMPA"), codified as Health & Safety Code §§ 11362.7, et seq., and as later amended, to clarify the scope of the Compassionate Use Act of 1996 relating to the possession and cultivation of marijuana for medical purpose, and to authorize local governing bodies to adopt and enforce laws consistent with its provisions; and, WHEREAS, in October 2015, the State of California adopted AB 266, AB 243, and SB 643, collectively referred to as the Medical Cannabis Regulation and Safety Act ("MCRSA"), which established a comprehensive regulatory and licensing scheme for commercial medical marijuana operations; and, WHEREAS, at the November 8, 2016, general election, the Control, Regulate and Tax Adult Use of Marijuana Act ("AUMA") was approved by California voters as Proposition 64, which established a comprehensive regulatory and licensing scheme for commercial recreational (adult use) marijuana operations, and which also legalized limited personal recreational marijuana use, possession, and cultivation; and, WHEREAS, on June 27, 2017, Governor Brown signed Senate Bill 94, the Medicinal and Adult Use Cannabis Regulation and Safety Act ("MAUCRSA"), which merged the regulatory regimes of MCRSA and AUMA; and, WHEREAS, MAUCRSA provides that the State of California will begin issuing licenses in 2018 for both medical and recreational marijuana businesses in 20 different categories, which are found in Business & Professions Code § 26050, and which categories include marijuana cultivation, manufacturer, testing, retailer, distributor, and microbusiness; and, WHEREAS, MAUCRSA, Business & Professions section of Government Code § 26200(a)(1), provides that local jurisdictions may completely prohibit the establishment or Ordinance No. _ Page 1 of 6 D-1 operation of any or all of the 20 different medical and recreational business operations to be licensed by the state under Business & Professions Code § 26050; and, WHEREAS, MAUCRSA, Business & Professions Code § 26055(d), provides that a state commercial marijuana license may not be issued to an applicant whose operations would violate the provisions of any local ordinance or regulation; and, WHEREAS, the City Council of the City of Rancho Palos Verdes now desires to expressly prohibit, to the fullest extent allowed under state law, any and all commercial medical and/or recreational marijuana activity, including all of the 20 different MAUCRSA state license categories for both medical and recreational commercial marijuana businesses described above (and as may be amended); and, WHEREAS, this ordinance is enacted, consistent with the Compassionate Use Act of 1996, the Medical Marijuana Program Act of 2003, the Medical Cannabis Regulation and Safety Act of 2015, the Adult Use of Marijuana Act of 2016, and the Medicinal and Adult Use of Cannabis Regulation and Safety Act of 2017, to protect the public health, safety, and welfare of the public in relation to marijuana -related uses and activities; and, WHEREAS, pursuant to the above-described express statutory authority and the city's police power, the city has the authority to prohibit all commercial marijuana activities (whether not-for-profit or for-profit) that may otherwise be permitted by the State of California under MCRSA, AUMA, and MAUCRSA, by making certain changes to Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code; and, WHEREAS, the City Council of the City of Rancho Palos Verdes affirms that Title 17 ("Zoning") of the Rancho Palos Verdes Municipal Code is structured as a permissive zoning code, wherein any use not enumerated as allowed is prohibited, and that the prohibitions on commercial marijuana activities being added to Title 17 are to fully comply with requirements of state law when a city desires to prohibit commercial marijuana activities; and, WHEREAS, on September 26, 2017, a Public Notice was published in the Daily Breeze, providing notice of a public hearing before the Planning Commission on October 10, 2017; and WHEREAS, on October 3, 2017, the City Council authorized the initiation of a code amendment to prohibit commercial activities in the City; and, WHEREAS, on October 10, 2017, the Planning Commission conducted a duly noticed public hearing on this Ordinance and adopted P.C. Resolution No. 2017-36, recommending that the City Council adopt the same; and, WHEREAS, on October 19, 2017, a Public Notice was published in the Daily Breeze, providing notice of a public hearing before the City Council on November 8, 2017; and Ordinance No. _ Page 2 of 6 D-2 WHEREAS, on November 8, 2017, the City Council conducted a duly noticed public hearing on this Ordinance, and all testimony received was made a part of the public record; and, WHEREAS, the City Council has duly considered all information presented to it, including the Planning Commission findings, P.C. Resolution No. 2017-36, written Staff Reports, and any testimony provided at the public hearing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1: The City Council of the City of Rancho Palos Verdes hereby makes the following findings: A. The above recitals are true and correct and incorporated herein by this reference. B. It is the intent and purpose of this Ordinance that all commercial marijuana activities that may be licensed by the State of California be prohibited throughout the City of Rancho Palos Verdes. Section 2: A new section 17.08.040 is hereby added to Chapter 17.08 (Home Occupations) of the Rancho Palos Verdes Municipal Code to read in its entirety as follows: 17.08.040 — Commercial marijuana activities is prohibited. Notwithstanding any other provision of this code, commercial marijuana activities, as defined in Section 17.96.445, are not permitted as home occupations in the City." Section 3: A new section 17.12.025 is hereby added to Chapter 17.12 (Commercial Districts) of the Rancho Palos Verdes Municipal Code to read in its entirety as follows: 17.12.025 — Commercial marijuana activities is prohibited. Notwithstanding any other provision of this code, commercial marijuana activities, as defined in Section 17.96.445, are prohibited in all commercial districts in the City." Section 4: A new section 17.26.035 is hereby added to Chapter 17.26 (Institutional District) of the Rancho Palos Verdes Municipal Code to read in its entirety as follows: 17.26.035 — Commercial marijuana activities prohibited. Notwithstanding any other provision of this code, commercial marijuana activities, as defined in Section 19.96.445, are prohibited in the institutional district of the City." Ordinance No. _ Page 3 of 6 D-3 Section 5: A new section 17.32.055 is hereby added to Chapter 17.32 (Open Space Hazard District) of the Rancho Palos Verdes Municipal Code to read in its entirety as follows: 17.34.055 — Commercial marijuana activities prohibited. Notwithstanding any other provision of this code, commercial marijuana activities, as defined in Section 17.96.445, are prohibited in the open space hazard district of the City." Section 6: A new section 17.34.045 of Chapter 17.34 (Open Space Recreation District) of the Rancho Palos Verdes Municipal Code to read in its entirety as follows: 17.34.045 — Commercial marijuana activities prohibited. Notwithstanding any other provision of this code, commercial marijuana activities, as defined in Section 17.96.445, are prohibited in the open space recreation district of the City." Section 7: A new section 17.44.045 is hereby added to Chapter 17.44 (Agriculture District) of the Rancho Palos Verdes Municipal Code to read in its entirety as follows: 17.44.035 —Commercial marijuana activities prohibited. Notwithstanding any other provision of this code, commercial marijuana activities, as defined in Section 17.96.445, are prohibited in the agriculture district of the City." Section 8: A new section 17.96.445 (Commercial marijuana activities) is hereby added to the Rancho Palos Verdes Municipal Code to read in its entirety as follows: "17.96.445 -- Commercial marijuana activities. "Commercial marijuana activity" or "commercial marijuana activities" includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of marijuana and marijuana products; except, as applicable, as set forth in Chapter 9.34 (Personal Indoor Marijuana Cultivation) of this code. Commercial marijuana activity or activities includes without limitation any activity covered by the state license classifications provided for in Section 26050 of the Business & Professions Code, and as may be amended. " Section 9: A new section 17.96.1195 (Marijuana) is hereby added to the Rancho Palos Verdes Municipal Code to read in its entirety as follows: 17.96.1195 — Marijuana. "Marijuana" has the same definition as provided in Section 26001 of the Business & Professions Code for the term "cannabis," and as may be amended, defined as "all parts Ordinance No. _ Page 4 of 6 ME 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." Section 10: CEQA Exemption. This ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15061(b)(3) because it consists only of minor revisions and clarifications to an existing zoning code and will not have the effect of deleting or substantially changing any regulatory standards or findings. The proposed Ordinance is an action that does not have the potential to cause significant effects on the environment, because it only prohibits commercial marijuana activities throughout the City. Section 11: Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each and every section, subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. Section 12: Certification and Posting. The City Clerk shall cause this Ordinance to be posted in three (3) public places in the City within fifteen (15) days after its passage, in accordance with the provisions of Section 36933 of the Government Code. The City Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of the Council of this City. Section 13: Effective Date. This Ordinance shall go into effect on the 31St day after its passage. Ordinance No. _ Page 5 of 6 M, PASSED, APPROVED AND ADOPTED this day of , 2017. Brian Campbell, Mayor Attest: Emily Colborn, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss CITY OF RANCHO PALOS VERDES ) I, EMILY COLBORN, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. passed first reading on 2017, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on , 2017, and that the same was passed and adopted by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Emily Colborn, City Clerk Ordinance No. _ Page 6 of 6 A e ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ADDING A NEW CHAPTER 5.33 (COMMERCIAL MARIJUANA ACTIVITIES PROHIBITED) TO TITLE 5 (BUSINESS TAXES, LICENSES AND REGULATIONS) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO PROHIBIT THE ISSUANCE OF BUSINESS LICENSES FOR ALL COMMERCIAL MARIJUANA ACTIVITIES IN THE CITY. WHEREAS, in 1996 California voters approved Proposition 215, the Compassionate Use Act ("CUA"), codified as Health and Safety Code §11362.5, to exempt certain patients and their primary caregivers from criminal liability under state law for the possession and cultivation of marijuana for medical purposes; and, WHEREAS, in 2003 the California legislature enacted Senate Bill 420, the Medical Marijuana Program Act ("MMPA"), codified as Health & Safety Code §§ 11362.7, et seq., and as later amended, to clarify the scope of the Compassionate Use Act of 1996 relating to the possession and cultivation of marijuana for medical purpose, and to authorize local governing bodies to adopt and enforce laws consistent with its provisions; and, WHEREAS, in October 2015, the State of California adopted AB 266, AB 243, and SB 643, collectively referred to as the Medical Cannabis Regulation and Safety Act ("MCRSA"), which established a comprehensive regulatory and licensing scheme for commercial medical marijuana operations; and, WHEREAS, at the November 8, 2016, general election, the Control, Regulate and Tax Adult Use of Marijuana Act ("AUMA") was approved by California voters as Proposition 64, which established a comprehensive regulatory and licensing scheme for commercial recreational (adult use) marijuana operations, and which also legalized limited personal recreational marijuana use, possession, and cultivation; and, WHEREAS, on June 27, 2017, Governor Brown signed Senate Bill 94, the Medicinal and Adult Use Cannabis Regulation and Safety Act ("MAUCRSA"), which merged the regulatory regimes of MCRSA and AUMA; and, WHEREAS, MAUCRSA provides that the State of California will begin issuing licenses in 2018 for both medical and recreational marijuana businesses in 20 different categories, which are found in Business & Professions Code § 26050, and which categories include marijuana cultivation, manufacturer, testing, retailer, distributor, and microbusiness; and, WHEREAS, MAUCRSA, Business & Professions section of Government Code § 26200(a)(1), provides that local jurisdictions may completely prohibit the establishment or Ordinance No. Page 1 of 7 E-1 operation of any or all of the 20 different medical and recreational business operations to be licensed by the state under Business & Professions Code § 26050; and, WHEREAS, MAUCRSA, Business & Professions Code § 26055(d), provides that a state commercial marijuana license may not be issued to an applicant whose operations would violate the provisions of any local ordinance or regulation; and, WHEREAS, the City Council of the City of Rancho Palos Verdes now desires to expressly prohibit, to the fullest extent allowed under state law, any and all commercial medical and/or recreational marijuana activity, including all of the 20 different MAUCRSA state license categories for both medical and recreational commercial marijuana businesses described above (and as may be amended); and, WHEREAS, this ordinance is enacted, consistent with the Compassionate Use Act of 1996, the Medical Marijuana Program Act of 2003, the Medical Cannabis Regulation and Safety Act of 2015, the Adult Use of Marijuana Act of 2016, and the Medicinal and Adult Use of Cannabis Regulation and Safety Act of 2017, to protect the public health, safety, and welfare of the public in relation to marijuana -related uses and activities; and, WHEREAS, pursuant to the above-described express statutory authority and the City's police power, the City has the authority to prohibit all commercial marijuana activities (whether not-for-profit or for-profit) that may otherwise be permitted by the State of California under MCRSA, AUMA, and MAUCRSA, by adding a new chapter 5.33 (Commercial Marijuana Activities Prohibited) of the Rancho Palos Verdes Municipal Code; and WHEREAS, because the definition of "retailer" contained in the new Chapter 5.33 (Commercial Marijuana Activities) added to the Rancho Palos Verdes Municipal Code by this ordinance includes the term "Marijuana dispensary, store, or co-op" and prohibits such businesses from operating in the City, the City Council also desires to remove the existing definition of "Marijuana dispensary, store, or co-op" from Section 5.10.010 (Definitions) of Title 5 (Business Taxes, Licenses and Regulations) of the Rancho Palos Verdes Municipal code; and WHEREAS, all legal prerequisites to the adoption of this ordinance have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1: The City Council of the City of Rancho Palos Verdes hereby makes the following findings: A. The above recitals are true and correct and incorporated herein by this reference. Ordinance No. Page 2 of 7 E-2 B. It is the intent and purpose of this Ordinance that all commercial marijuana activities that may be licensed by the State of California be prohibited throughout the City of Rancho Palos Verdes. Section 2: A new Chapter 5.33 (Commercial Marijuana Activities Prohibited) is hereby added to the Rancho Palos Verdes Municipal Code to read in its entirety as follows: "CHAPTER 5.33 COMMERCIAL MARIJUANA ACTIVITIES PROHIBITED 5.33.010 Purpose and intent. 5.33.020 Definitions. 5.33.030 Prohibition of commercial marijuana activities. 5.33.040 Violations and penalties; public nuisance. 5.33.010 Purpose and intent. A. In order to preserve the public health, safety, and welfare of the residents and businesses of the city, all marijuana -related businesses, activities and uses are prohibited, unless local control is otherwise preempted by state law, and except as provided for by Chapter 9.34 (Personal Marijuana Cultivation). B. This chapter is not intended to interfere with a patient's right to medical marijuana as provided for in Section 11362.5 of the Health & Safety Code. 5.33.020 Definitions. The following words and phrases shall, for the purposes of this chapter, have the meanings respectively ascribed to them by this section, as follows: A. "Cannabis" has the same definition as "marijuana" provided in this Chapter. B. "Commercial marijuana activity" includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of marijuana and marijuana products; except, as applicable, as set forth in Chapter 9.34 (Personal Marijuana Cultivation) of this code. C. "Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana. D. "Delivery" means the commercial transfer of marijuana or marijuana products to a customer, and includes the use of any technology platform owned and controlled by the same person making such use. E. "Distribution" means the procurement, sale, and transport of marijuana and marijuana products between entities licensed for and/or engaged in commercial marijuana activities. F. "Distributor" means a person engaged in distribution. G. "Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a marijuana product. Ordinance No. Page 3 of 7 E-3 H. "Manufacturer" means a person that conducts the production, preparation, propagation, or compounding of marijuana or marijuana products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages marijuana or marijuana products or labels or relabels its container. I. "Marijuana" has the same definition as provided in Section 26001 of the Business & Professions Code for the term "cannabis," and as may be amended, defined as 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." J. "Marijuana products" means marijuana that has undergone a process whereby the plant material has been transformed into a concentrate, including but not limited to, concentrated marijuana, or an edible or topical product containing marijuana or concentrated marijuana and other ingredients. K. "Medical marijuana" or "medical marijuana product" means marijuana or a marijuana product used for medical purposes in accordance with state law, including the Compassionate Use Act (Health and Safety Code § 11362.5) and the Medical Marijuana Program Act (Health and Safety Code §§ 11362.7, et seq. ). L. "Microbusiness" shall have the same definition as provided for in Section 26070 of the Business and Professions Code, and as may be amended from time to time. M. "Nursery" means a person that produces only clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of marijuana. N. "Person" means any individual, firm, co -partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Retailer" shall mean a person engaged in the retail sale and delivery of marijuana or marijuana products to customers. P. "Testing laboratory" means a laboratory, facility, or entity that offers or performs tests on marijuana or marijuana products. 5.33.030 Prohibition of commercial marijuana activities. A. All commercial marijuana activities, whether medical or recreational (adult use) and including non-profit operations, are expressly prohibited throughout the City (except for as preempted by state law). No person shall establish, operate, Ordinance No. Page 4 of 7 E-4 conduct, or allow commercial marijuana activities anywhere within the city except for as preempted by state law. B. The city shall not issue any permit, license, or entitlement for any commercial marijuana activity (except for as preempted by state law), including, but not limited to, any activity covered by the state license classifications listed below as provided for in Section 26050 of the Business & Professions Code: 1. Type 1 = Cultivation; Specialty outdoor; Small. 2. Type 1A = Cultivation; Specialty indoor; Small. 3. Type 1 B = Cultivation; Specialty mixed -light; Small. 4. Type 1 C = Cultivation; Specialty cottage; Small. 5. Type 2 = Cultivation; Outdoor; Small. 6. Type 2A = Cultivation; Indoor; Small. 7. Type 2B = Cultivation; Mixed -light; Small. 8. Type 3 = Cultivation; Outdoor; Medium. 9. Type 3A = Cultivation; Indoor; Medium. 10. Type 3B = Cultivation; Mixed -light; Medium. 11. Type 4 = Cultivation; Nursery. 12. Type 5 = Cultivation; Outdoor; Large. 13. Type 5A= Cultivation; Indoor; Large. 14. Type 5B = Cultivation; Mixed -light; Large. 15. Type 6 = Manufacturer 1. 16. Type 7 = Manufacturer 2. 17. Type 8 = Testing laboratory. 18. Type 10 = Retailer. 19. Type 11 = Distributer. 20. Type 12 = Microbusiness. C. This prohibition includes any activities authorized under new or revised state licenses, or any other state authorization, to allow any type, category or classification of medical or recreational (adult use) marijuana commercial activities, or similar operations, including non-profit, collective or cooperative operations. D. The prohibition provided by this section includes medical marijuana collectives and cooperatives that operate pursuant to Section 11362.775 of the Health & Safety Code, the Compassionate Use Act, or otherwise. 5.33.040 Violations and penalties; public nuisance. A. A violation of this chapter shall be subject to any criminal or civil enforcement remedies available under the law and the Rancho Palos Verdes Municipal Code. In addition, the city may prosecute a violation of this chapter by means of civil enforcement through a restraining order, a preliminary or permanent injunction, or by any other means authorized by law or equity. Notwithstanding any other provision of this code, no conduct which is protected from criminal liability pursuant to state law shall be made criminal by this chapter. B. Any violation of the provisions of this chapter is declared to be a public nuisance and may be abated by the city either pursuant to the Rancho Palos Verdes Ordinance No. Page 5 of 7 E-5 Municipal Code, including but not limited to procedures provided for in Chapter 8.24 (Property Maintenance), or any other available remedies at law or equity. C. At the discretion of the city prosecutor, any violation of this chapter is punishable as an infraction pursuant to Section 1.08.010(8) of this code, or punishable as a misdemeanor pursuant to Section 1.08.010(A) of this code. D. The remedies described in this section are not exclusive. Pursuit of any one remedy shall not preclude city from availing itself of any or all available administrative, civil, or criminal remedies, at law or equity." Section 3: The definition for "Marijuana dispensary, store, or co-op" is hereby deleted from Section 5.10.010 (Definitions) of Title 5 (Business Licenses, Taxes and Regulations) of the Rancho Palos Verdes Municipal Code. Section 4: Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each and every section, subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. Section 5: Certification and Posting. The City Clerk shall cause this Ordinance to be posted in three (3) public places in the City within fifteen (15) days after its passage, in accordance with the provisions of Section 36933 of the Government Code. The City Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of the Council of this City. Section 6: Effective Date. This Ordinance shall go into effect on the 31St day after its passage. PASSED, APPROVED AND ADOPTED this _ day of , 2017. Attest: Emily Colborn, City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF RANCHO PALOS VERDES )ss Brian Campbell, Mayor Ordinance No. Page 6 of 7 E-6 I, EMILY COLBORN, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. passed first reading on , 2017, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on , 2017, and that the same was passed and adopted by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Emily Colborn, City Clerk Ordinance No. Page 7 of 7 E-7