ORD 600U ORDINANCE NO. 600U
AN URGENCY ORDINANCE 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.600U
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.600U
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.600U
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.
PASSED, APPROVED AND ADOPTED this 8t" day of November, 2017.
,, . or
Ordinance No.600U
Page 5of6
Attét:
....
yClerk
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. 600U was duly adopted by the City Council of said City at a regular
meeting thereof held on November 8, 2017, and that the same was passed and adopted
by the following roll call vote:
AYES: Brooks, Duhovic, Dyda, Misetich and Mayor Campbell
NOES: None
ABSENT: None
ABSTAIN:
None
qua Cit Clerk
Ordinance No.600U
Page 6 of 6
4 rr}iii
CITY OF RANCHO PALOS VERDES
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES)
The undersigned, being first duly sworn, deposes and says:
That at all times herein mentioned, she was and now is the City Clerk of
the City of Rancho Palos Verdes;
That on November 10, 2017, she caused to be posted the
following document entitled: ORDINANCE NO. 600U, AN
URGENCY ORDINANCE 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), a
copy of which is attached hereto, in the following locations:
City Hall Ladera Linda Community Center
30940 Hawthorne Blvd. 32201 Forrestal Drive
Rancho Palos Verdes Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes A„
I certify under penalty of perjury that the foregoing is a true and correct affidavit of
posting.
1A
Y '
��� _ ty Clerk