CC SR 20171205 I - Prohibition of Commercial MarijuanaRANCHO PALOS VERDES CITY COUNCIL
AGENDA REPORT
AGENDA DESCRIPTION:
MEETING DATE: 12/05/2017
AGENDA HEADING: Consent Calendar
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. 602, 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,
(2) Adopt Ordinance No. 603, 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
n.
ORIGINATED BY: So Kim, AICP, Deputy Director/Planning Manager'Ti
REVIEWED BY: Ara Mihranian, AICP, Director of Community Development,,
APPROVED BY: Doug Wilmore, City Manager JVr
ATTACHED SUPPORTING DOCUMENTS:
A. Ordinance No. 602, amending Title 17 (page A-1)
B. Ordinance No. 603, amending Title 5 (page B-1)
All previous Staff Reports, meeting Minutes, and public comments on this topic can be
found on the City's website via the November 8, 2017, City Council Agenda at
http://rpv.granicus.com/GeneratedAgendaViewer.php?view id=5&clip id=2923
1
BACKGROUND AND DISCUSSION:
On November 8, 2017, Ordinance Nos. 602 and 603 (Attachments A and B) were
introduced by the City Council. This evening, Ordinance Nos. 602 and 603 are being
presented to the City Council for their second reading and formal adoption. These
ordinances will go into effect on January 5, 2018. Additionally, due to the urgency of
having the prohibitions against commercial marijuana activities enacted before the end
of the year, the City Council adopted urgency ordinances (Ordinance Nos. 6000 and
601 U) at the November 8, 2017, meeting that will eventually be replaced by the
adoption of Ordinance Nos. 602 and 603.
ALTERNATIVES:
In addition to the Staff recommendations, the following alternative actions are available
for the City Council's consideration:
Direct Staff to revise Ordinance Nos. 602 and 603 for re -introduction
and/or second reading at a future City Council meeting.
2
ORDINANCE NO. 602
AN 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
A-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. 602
Page 2 of 6
A-2
WHEREAS, on November 8, 2017, the City Council conducted and held a public
hearing concerning the Municipal Code amendments contained herein, and received
testimony from City staff and all interested parties regarding the proposed amendments,
and,
WHEREAS, all legal prerequisites to the adoption of the Ordinance have been met.
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. 602
Page 3 of 6
A-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. 602
Page 4of6
A-4
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 at 12:01AM on the
31 st day after its passage.
Ordinance No. 602
Page 5 of 6
A-5
PASSED, APPROVED AND ADOPTED this day of , 2017.
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. 602 passed first reading on November 8, 2017, was duly and
regularly adopted by the City Council of said City at a regular meeting thereof held on
December 5, 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. 602
Page 6 of 6
Wo
ORDINANCE NO. 603
AN ORDINANCE 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,
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, on November 8, 2017, the City Council conducted and held a public
hearing concerning the Municipal Code amendments contained herein, and received
testimony from City staff and all interested parties regarding the proposed amendments,
and,
WHEREAS, all legal prerequisites to the adoption of the Ordinance have been met.
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:
Ordinance No. 603
Page 2 of 7
B-2
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 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.
Ordinance No. 603
Page 3 of 7
B-3
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
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.
Ordinance No. 603
Page 4 of 7
B-4
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.
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
Ordinance No. 603
Page 5 of 7
B-5
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.
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 at 12:01AM on the
31 st day after its passage.
Ordinance No. 603
Page 6 of 7
B-6
PASSED, APPROVED AND ADOPTED this day of , 2017.
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. 603 passed first reading on November 8, 2017, was duly and
regularly adopted by the City Council of said City at a regular meeting thereof held on
December 5, 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. 603
Page 7 of 7
B-7