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HomeMy WebLinkAboutORD 1382 ORDINANCE NO. 1382 • 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 Page 3 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, Ordinance No. 1382 Page 4 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 Ordinance No. 1382 Page 5 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 .,..111111111111.1111.11."- L LOZANO, MAYOR ATTEST: / ALEJ N P ' A AVILA, CITY CLERK S Ordinance No. 1382 Page 6 • 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 i • osi • SALEJAND' A A VILA, CITY CLERK •