HomeMy WebLinkAboutORD 1382 ORDINANCE NO. 1382
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BALDWIN PARK, CALIFORNIA, AMENDING BALDWIN
PARK MUNICIPAL CODE SUBCHAPTER 153.120 PART 10
ENTITLED MEDICINAL MARIJUANA DISPENSARIES AND
MODIFYING SUBCHAPTER 153.220.140 'M' DEFINITIONS
(MEDICAL MARIJUANA DISPENSARY) TO BE
CONSISTENT WITH STATE LAW.
WHEREAS, the City of Baldwin Park ("City") and Baldwin Park Municipal Code
(BPMC) currently prohibits medical marijuana dispensaries in accordance with the
Federal Controlled Substances Act; and
WHEREAS, the State of California has passed the Medical Marijuana Regulation
and Safety Act (MMRSA) through Assembly Bills (AB 266 and 243) and Senate Bill (SB
643) requiring local governments to adopt an ordinance that becomes effective prior to
March 1, 2016.
WHEREAS, Said ordinance shall either prohibit or regulate medical marijuana
cultivation, deliveries, and mobile dispensaries; and
WHEREAS, the City's current prohibition of medical marijuana dispensaries does
• not address or expressly prohibit medical marijuana cultivation, deliveries, and mobile
dispensaries; and
WHEREAS, the City's prohibition of medical marijuana dispensaries does not
address or expressly prohibit recreational marijuana dispensaries, cultivation, deliveries
and mobile dispensaries; and
WHEREAS, adopting an ordinance to prohibit medical and recreational
marijuana dispensaries, cultivation, deliveries, and mobile dispensaries will prevent the
State of California's Department of Food and Agriculture from becoming the sole
licensing authority of such uses; and
WHEREAS, adopting an ordinance to prohibit medical and recreational
marijuana dispensaries, cultivation, deliveries, and mobile dispensaries will not prevent
the City from regulating such uses in the future; and
WHEREAS, the City wishes to enact regulations to prohibit medical and
recreational marijuana dispensaries, cultivation, deliveries, and mobile dispensaries in
accordance with the Federal Controlled Substances Act; and
WHEREAS, Section 15061(b)(3) of Chapter 3, Title 14 of the California Code of
Regulations (the "CEQA Guidelines") describes the general rule that CEQA only applies
to projects which "have the potential for causing a significant effect on the environment";
where it can be seen with certainty that there is no possibility that the activity in question
Ordinance No. 1382
Page 2
• may have a significant effect on the environment, the activity is not subject to CEQA;
and zoning regulations do not constitute the approval of any development project, and
will therefore not result in any physical change in the environment; and
WHEREAS, on December 9, 2015, after conducting a properly noticed public
hearing, the Planning Commission adopted Resolution No. PC 15-15 recommending
that the City Council update the BPMC as it pertains to medical and recreational
marijuana, addressing requirements of the Medical Marijuana Regulation and Safety Act
as passed by the State of California and including prohibitions for recreational uses; and
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 153 ("Zoning Code") Section 153.120 Part 10, entitled
"Medical Marijuana Dispensaries" of the Baldwin Park Municipal Code shall be repealed
in its entirety.
SECTION 2. Chapter 153 ("Zoning Code") Section 153.120 Part 10, entitled
"Marijuana Uses Prohibited" shall be added to the Baldwin Park Municipal Code and
reads as follows:
Section Contents:
§153.120.320 Intent and Purpose
411 §153.120.330 Uses Prohibited
§ 153.120.320— Intent and Purpose
The State of California passed the Compassionate Use of Marijuana Law in 1996, which
allows for the use of marijuana for medical purposes. However, the Federal
Government through its Controlled Substances Act prohibits the use and distribution of
marijuana. The Supreme Court has confirmed that the Controlled Substances Act does
not contain a "compassionate use" exemption; it is therefore a violation of Federal Law
to possess or distribute marijuana, including possession or distribution for medical or
recreational purposes.
The intent of regulating medical and recreational marijuana dispensaries, cultivation,
deliveries and mobile dispensaries is to ensure consistency with Federal Law and
minimize adverse impacts on properties.
§ 153.120.330 — Uses Prohibited
All marijuana uses, including but not limited to the following, are prohibited in the City of
Baldwin Park:
A. Medical Marijuana Dispensaries;
B. Recreational Marijuana Dispensaries;
C. Medical and Recreational Marijuana Cultivation;
• D. Medical and Recreational Marijuana Deliveries; and
E. Medical and Recreational Marijuana Mobile Dispensaries.
Ordinance No. 1382
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SECTION 3. Chapter 153 ("Zoning Code") Section 153.220.140, entitled "M
• Definitions" of the Baldwin Park Municipal Code shall be repealed in its entirety.
SECTION 4. Chapter 153 ("Zoning Code") Section 153.220.140 entitled "M
Definitions" shall be added to the Baldwin Park Municipal Code and reads as follows:
§ 153.220.140— M Definitions
MANUFACTURED HOUSING. Both mobile homes and factory-built housing.
MANUFACTURING. A use engaged in the manufacture, predominantly form previously
prepared materials, of finished products or parts, including processing, fabrication,
assembly, treatment and packaging of such products and incidental processing of
extracted or raw materials.
MARIJUANA. "Marijuana" shall have the same definition as that set forth in California
Health and Safety Code § 11018.
CULTIVATION. Any activity involving the planting, growing, harvesting, drying,
curing, grading, or trimming of marijuana or cannabis.
DELIVERY. The commercial transfer by any form or arrangement of
transportation of recreational or medical marijuana and marijuana products from
41111a dispensary to a customer, primary caregiver, patient, or a testing laboratory.
"Delivery" also includes the use by a dispensary of any technology platform
owned and controlled by the dispensary, or independently licensed under the
Medical Marijuana Regulation and Safety Act that enables qualified patients or
primary caregivers to arrange for or facilitate the commercial transfer by a
licensed dispensary of medical marijuana or medical marijuana products.
MEDICAL MARIJUANA DISPENSARY. A facility where marijuana is made
available for medical purposes in accordance with Health and Safety Code §
11362.5, and any establishments from which marijuana is delivered to patients
who cannot obtain it from a dispensary due to physical or mental disability, for
medical purposes in compliance with Health and Safety Code § 11362.5.
MOBILE DISPENSARY. Any clinic, cooperative, club, business, or group that
transports or delivers, or arranges the transportation or delivery, of medical or
recreational marijuana to a person.
RECREATIONAL MARIJUANA DISPENSARY. A facility where marijuana is
made available for recreational use.
MASSAGE ESTABLISHMENT/SERVICES. An establishment where massage services
are provided. Massages are defined as the application of a system of structured touch,
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pressure, movement, and holding to the soft tissues of the human body with the intent
• to enhance or restore the health and well-being of the client.
MATURE TREE. Any tree located in the front yard, front yard setback area, rear yard,
rear yard setback area, side yard or side yard setback area and (1) is greater than 18
inches in diameter when measured 54 inches from the ground or is greater than 40 feet
in height, or (2) is a tree of historic value due to the tree's (or stand of trees') age or
prominence as a local identifying feature.
MEDICAL USE. Any use involving the care of persons' general health by licensed
practitioners. Includes hospitals, urgent care clinics, out-patient facilities, doctor and
dental offices, chiropractic and podiatric facilities, and similar practices of the medical
arts and directly related laboratory services.
MOBILE HOME. A transportable structure that is built on a permanent chassis and
designed to function as a dwelling when connected to the required utilities, including
plumbing, heating, air conditioning and electrical systems (pursuant to California Health
and Safety Code §§ 18007 and 18008). Consistent with the California Health and Safety
Code definitions, a mobile home is included in the definition of manufactured home.
MOBILE HOME PARK. Any area or tract of land where 2 or more lots are rented or
leased, held out (or were formerly held out) for rent or lease to accommodate
manufactured homes or mobile homes used for human habitation (pursuant to
110 California Health and Safety Code § 18214). A mobile home park provides utility
services and other facilities either separately or in common to mobile home spaces
therein.
MONEY WIRING. A person or entity that for compensation primarily engages in the
business of sending money to an end entity via a transfer for pick-up by an individual or
business entity.
MORTUARY. An establishment engaged in the provision of service involving the care,
preparation, or disposition of human dead other than in cemeteries. May or may not
include crematorium. No internment is provided on site. May include areas for assembly
services and living quarters for funeral home/mortuary manager.
MOTEL. Any building or portion of any building with access provided through a common
entrance, lobby or hallway and which contains guestrooms that have no cooking
facilities. Motels are designed and intended to be used as temporary overnight
accommodations for transients. One dwelling unit shall be permitted for use as a
resident manager's unit.
MULTIPLE-TENANT RETAIL — SMALL. A business, wholly within the confines of a
single commercial unit of less than 75,000 square feet, in which one principle tenant
and up to 2 ancillary tenants with unique business licenses are located, offering
personal services and/or personal property for retail sale. This term shall not include
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temporary events held for the exclusive benefit of any nonprofit organization. This term
shall not include swap meets.
MULTIPLE-TENANT RETAIL - LARGE. A business, wholly within the confines of a
single commercial unit that is at least 75,000 square feet, or greater, in which one
principle tenant and up to 6 ancillary tenants with unique business licenses are located,
offering personal services and/or personal property for retail sale. This term shall not
include temporary events held for the exclusive benefit of any nonprofit organization.
This term shall not include swap meets.
SECTION 5. Except as expressly modified pursuant to this Ordinance, all other
provisions of Chapter 153 shall remain unmodified and in full force and effect. All
ordinances in conflict with the provisions hereof are superseded to the extent of such
conflict.
SECTION 6. If any section, subsection, sentence, clause, phrase or word of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council hereby declares that it would
have adopted this ordinance, and each and every section, subsection, sentence,
clause, or phrase not declared invalid or unconstitutional without regard to whether any
portion or the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 7. This Ordinance shall be effective thirty (30) days after its
enactment.
PASSED AND APPROVED ON THE 20th day of JA A RY, 2016
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L LOZANO, MAYOR
ATTEST: /
ALEJ N P ' A AVILA,
CITY CLERK
S
Ordinance No. 1382
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• STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss:
CITY OF BALDWIN PARK )
I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the
foregoing ordinance was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on December 16, 2015. Thereafter, said
Ordinance No. 1382 was duly approved and adopted at a regular meeting of the City
Council on January 20, 2016 by the following vote:
AYES: COUNCILMEMBER: Baca, Garcia, Lozano, Pacheco, Rubio
NOES: COUNCILMEMBER: None.
ABSENT: COUNCILMEMBER: None.
ABSTAIN: COUNCILMEMBER: Non
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SALEJAND' A A VILA,
CITY CLERK
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