HomeMy WebLinkAboutMC-14571
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ORDINANCE NO. 1457
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, EXTENDING A MORATORIUM ON
CERTAIN COMMERCIAL MARIJUANA LAND USES AND ACTIVITIES,
OUTDOOR PERSONAL CULTIVATION OF MARIJUANA, AND CANNABIS
EVENTS
WHEREAS, on December 20, 2017, the Mayor and City Council adopted an
interim urgency ordinance, Ordinance No. MC -1452, establishing a moratorium
prohibiting all land use entitlements, building permits, business licenses and any other
applicable approval or decisions for unregulated commercial marijuana activities, outdoor
personal cultivation of marijuana, and cannabis events; and
WHEREAS, since the adoption of the moratorium, staff has continued to meet
internally to explore and review the state regulatory framework and best practices from
other communities, coordinated with consultant HdL Companies for professional
guidance on establishing a local regulatory framework, explored areas within the
IMunicipal Code that need to be considered for amendments and began developing
regulations for unregulated commercial marijuana activities, outdoor personal cultivation
I of marijuana, and cannabis events; and
WHEREAS, the State is continuing to modify and refine the Medicinal and
I Adult -Use Cannabis Regulation and Safety Act (MAUCRSA) regulations; and
WHEREAS, the Mayor and City Council desire to deliberately consider the
I various options and to allow staff to prepare any necessary code amendments for future
consideration as well as to allow the State time to refine their regulations and procedures;
# and
WHEREAS, Chapter 19.420 of the Municipal Code related to commercial
marijuana uses is anticipated to be adjudicated unconstitutionally invalid by the Superior
Court for the State of California in the following cases: Kush Concepts, et al., v. City of
San Bernardino, Superior Court Case No. CIVDS 1702131; Quiang Ye, et al., v. City of
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San Bernardino, et al., Superior Court Case No. CIVDS 1704276; Karmel Roe v. City of
San Bernardino, et al., Superior Court Case No. CIVDS 1712424
WHEREAS, if Chapter 19.420 is invalidated, the Municipal Code does not
adequately regulate commercial marijuana land uses and/or activities, nor does the
Municipal Code adequately regulate outdoor personal cultivation of marijuana or
cannabis events, and additional time is needed in order to thoroughly develop appropriate
regulations as directed by the Mayor and City Council; and
WHEREAS, this Ordinance shall extend the existing moratorium established by
Ordinance No. MC -1452 for a period of no more than 10 months and 15 days with an
expiration date of December 18, 2018; and
WHEREAS, said extension of the moratorium is based on the following findings:
1. Significant concerns have been raised regarding the impacts that possessing,
planting, harvesting, drying, processing, distributing, transporting, storing,
manufacturing, and selling of marijuana will have on public health, safety, and
welfare in the City, including the protection of environmental resources and
neighborhood quality; and
2. It is necessary for the City to protect the public interest in the aesthetic,
economic, health, safety, and community character, until additional staff time
has been completed and any necessary local regulations or code revisions
have been revised, adopted, and otherwise made effective; and
3. Improper marijuana cultivation poses an environmental health risk to the
public and may create a public nuisance, including without limitation:
offensive and irritating odor, degradation of air quality, excessive noise, risk
of criminal activity, improper and/or dangerous electrical alterations, and
impairment of the general quality of life of property owners and occupants
adjoining marijuana cultivation sites; and
4. Additional time is required to ensure that prior to the adoption of any
regulation, adequate security measures are implemented to ensure that the
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cultivation, concentration, or sale of marijuana in any location or premise does
not negatively impact surrounding homes or businesses by increasing
nuisance activity such as loitering or crime; and
5. The adoption of a comprehensive marijuana ordinance that 'addresses
unregulated commercial marijuana activities, outdoor personal cultivation of
marijuana, and cannabis events will take time and careful consideration and
will require input from various community stakeholders and the general
public; and
6. The City has a compelling interest in protecting the public health, safety, and
welfare of its residents and businesses, and preserving the peace and integrity
of the neighborhoods within the City; and
7. The issuance of land use permits, building permits, licenses, or other
entitlements for unregulated commercial marijuana activities, outdoor
personal cultivation of marijuana, and cannabis events would pose a current
and immediate threat to the public health, safety, and welfare, since such uses
could potentially create conflicts with surrounding land uses, and could
conflict with the City's long-term planning goals to be implemented through
the City's General Plan, Specific Plans, and Zoning (Development) Code; and
8. In order to address community concerns regarding the establishment of
unregulated commercial marijuana activities, outdoor personal cultivation of
marijuana, and cannabis events, it is necessary for the City to study the impact
such uses will have on the public health, safety, and welfare, and potentially
adopt new regulations; and
9. In order to protect the City's investment in its planning efforts, ensure that the
City's long term planning goals and strategies can be achieved in an effective
and timely manner, and to avoid a current and immediate threat to the public
health, safety, and welfare it is necessary for the City to study the impact any
new regulations regarding unregulated commercial marijuana activities,
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outdoor personal cultivation of marijuana, and cannabis events will have on
the public health, safety, and welfare; and
10. The citizens of the City will benefit from a comprehensive and thoughtful
local regulatory scheme that addresses the potential impacts of unregulated
commercial marijuana activities, outdoor personal cultivation of marijuana,
and cannabis events; and
11. There is an immediate need to prevent unregulated commercial marijuana
activities, outdoor personal cultivation of marijuana, and cannabis events,
which have the potential to affect the character and aesthetic of the
community; and
12. The issuance of land use permits, building permits, licenses or other
entitlements for unregulated commercial marijuana activities, outdoor
personal cultivation of marijuana, and cannabis events would pose an
immediate threat to the public health, safety, or welfare, since such uses could
potentially conflict with the City's long-term planning goals and the
development of the City; and
13. The adoption of a moratorium is necessary to prevent the potential
grandfathering of unregulated commercial marijuana activities, outdoor
personal cultivation of marijuana, and cannabis events; and
14. A moratorium on unregulated commercial marijuana activities, outdoor
personal cultivation of marijuana, and cannabis events is required to allow the
City the opportunity to consider the various policy implications of authorizing
commercial adult -use activities within the City and to develop a
comprehensive approach to regulate cannabis -related activities authorized by
MAUCRSA.
WHEREAS, the California Constitution, Article XI, section 7, provides cities
with the authority to enact ordinances to protect the health, safety, and welfare of their
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citizens, and adoption of zoning regulations are a permissible exercise of this authority;
11m]
WHEREAS, Government Code section 65858 authorizes the Mayor and City
Council to adopt, upon a four-fifths vote of the Mayor and City Council, without
following the procedures otherwise required for a zoning ordinance, an interim urgency
ordinance prohibiting any uses that may be in conflict with a contemplated general plan,
specific plan, or zoning proposal that the City Council, Planning Commission or the
Community Development Department is considering or studying, or intends to study
within a reasonable time.
NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals.
The above recitals are hereby declared to be true and correct and represent
the findings of the Mayor and City Council, made in the exercise of their
independent judgment and that based on the above recitals, there is an
immediate threat to the public health, safety and welfare. The adoption of
this ordinance is necessary for the immediate protection of the public
health, safety and welfare. Said findings are hereby incorporated by
reference and made a part of this ordinance.
SECTION 2. Purpose.
The purpose of this ordinance is to extend a moratorium established by
Ordinance No. MC -1452 on the approval or issuance of any land use
permit, building permit, business license or any other applicable
entitlement or approval for unregulated commercial marijuana activities,
outdoor personal cultivation of marijuana, and/or cannabis events for the
immediate preservation of the public health, safety, and welfare.
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SECTION 3. Authority and Findings.
Based on the findings set forth in the Recitals incorporated herein by
Section 1, unregulated commercial marijuana activities, outdoor personal
cultivation of marijuana, and cannabis events pose a current and
immediate threat to the public health, safety, and welfare on the citizens of
the City and as such the Mayor and City Council extend the moratorium
ordinance by not less than a four-fifths vote, under the authority granted to
it by Article XI, Section 7 of the California Constitution and section 65858
of the California Government Code, which allows the City to extend a
moratorium prohibiting land uses which may be in conflict with a
contemplated general plan, specific plan, or zoning proposal that the City
Council, Planning Commission or the Community Development
Department, is considering or studying or intends to study within a
reasonable time. The City Council hereby directs City Manager to
continue to take all actions necessary to establish regulations regarding
unregulated commercial marijuana activities, outdoor personal cultivation
of marijuana, and/or cannabis events.
SECTION 4. Moratorium Extended.
In accordance with the authority granted to the City under Article XI,
Section 7 of the California Constitution and California Government Code
section 65858, the moratorium on unregulated commercial marijuana
activities, outdoor personal cultivation of marijuana, and/or cannabis
events established by Ordinance No. MC -1452 on December 20, 2017 is
hereby extended 10 months and 15 days until December 18, 2018, unless
ended sooner by ordinance of the Mayor and City Council. The following
activities are prohibited and no land use entitlements, building permits,
business licenses and any other applicable approval or decisions for
commercial marijuana activities, shall be granted for such activities:
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(1) In the event that Measure O is held wholly or partially invalid, to
the extent Measure O is held invalid, any unregulated commercial
marijuana activity, which may include, but is not limited to cultivation,
manufacturing, processing, labeling, storing, distribution, delivery, sales
and retail, shall be prohibited in every zone in the City.
(2) Outdoor personal cultivation of marijuana including, but not
limited to, planting, cultivating, harvesting, drying, or processing, is
prohibited in every zone in the City. Indoor planting, cultivation,
harvesting, drying, or processing of marijuana plants for recreational use is
limited to within private residences, is limited to six (6) plants per private
residence, and must be entirely for the personal use of a resident of the
residence who is twenty-one (2 1) years of age or older, as permitted in
Health and Safety Code sections 11362.1 and 11362.2. The City reserves
the right to enact regulations regarding the indoor cultivation of marijuana
at a later date.
(3) Cannabis events are prohibited in every zone of the City, including
those areas of the City that may operate as a state designated fair under
Sections 19418.1, 19418.2, or 19418.3 of the Business and Professions
Code.
SECTION 5. Issuance of Land Use Entitlements in Violation of this Moratorium
Declared a Public Nuisance.
The issuance of any land use permits, building permits, licenses, or other
applicable entitlements for unregulated commercial marijuana activities,
outdoor personal cultivation of marijuana, or cannabis events in the City
as defined in this ordinance, during the duration of this moratorium, or any
extension thereof, is declared to be a public nuisance. Violations of this
ordinance may be enforced by any applicable law or ordinances, including
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but not limited to injunctions or administrative or criminal penalties, under
the San Bernardino Municipal Code.
SECTION 6. Severability.
If any provision of this ordinance or the application thereof to any person
or circumstance is held to be unconstitutional or otherwise invalid by a
court of competent jurisdiction, such invalidity shall not affect other
provisions or applications of this ordinance which can be implemented
without the invalid provision or application and to this end the provisions
of this ordinance are declared to be severable.
SECTION 7. California Environmental Quality Act.
The Mayor and City Council hereby find that this ordinance is not subject
to review under the California Environmental Quality Act (CEQA)
pursuant to CEQA Guidelines sections 15060, subdivision (c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment) and 15061, subdivision (b)(3) (there
is no possibility the activity in question may have a significant effect on
the environment). In addition to the foregoing general exemptions, the
City Council further finds that this ordinance is categorically exempt from
review under CEQA under the Class 8 Categorical Exemption (regulatory
activity to assure the protection of the environment), CEQA Guidelines
section 15308.
SECTION 8. Effective Date.
This ordinance shall become effective immediately upon a four fifths vote
of the Mayor and City Council.
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AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, EXTENDING A MORATORIUM ON
CERTAIN COMMERCIAL MARIJUANA LAND USES AND ACTIVITIES,
OUTDOOR PERSONAL CULTIVATION OF MARIJUANA, AND CANNABIS
EVENTS
I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the
Mayor and City Council of the City of San Bernardino at a special meeting thereof, held
on the % s- day of ��� , 2018, by the following vote to wit:
Council Members: AYES
NAYS ABSTAIN ABSENT
MARQUEZ 5
BARRIOS X
VALDIVIA x
SHORETT X
NICKEL X
MULVIHILL
George anna, CMC, ity Clerk
r
The foregoing Ordinance is hereby adopted this 5 day of1115E4r12Y , 2018.
Approved as to form:
Gary D. Saenz, City Attorney
By:
�? C�)"� -) ", -�
R. CAREY D,4 IS, Mayor
City of San Bernardino