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HomeMy WebLinkAboutOrd 1955ORDINANCE NO.1955 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AMENDING CHAPTER 25.58 OF THE BURLINGAME MUNICIPAL CODE TO ADD REGULATIONS REGARDING MARIJUANA WHEREAS, in 1970, Congress enacted the federal Controlled Substances Act which, among other things, makes it illegal to import, manufacture, distribute, possess or use cannabis in the United States; and WHEREAS, in 1972, California added Chapter 6 to the state Uniform Controlled Substances Act, commencing at Health and Safety Code section 1 1350, which established the state's prohibition, penalties, and punishments for the possession, cultivation, transportation, and distribution of cannabis; and WHEREAS, in 1996, the voters of the State of California approved Proposition 215, codified as Health and safety code section 11362.5 et seq., "The compassionate Use Act of 1996" (CUA); and WHEREAS, the CUA created a limited exception from criminal liability for seriously ill persons who are in need of medical cannabis for specified medical purposes and who obtain and use medical cannabis under limited, specified circumstances; and WHEREAS, in 2004, the California enacted the "Medical Marijuana Program" (MMP), codified as Health and safety code sections 11362.7 to 1'1362.83, to clarify the scope of the cUA, establish a voluntary program for identification cards issued by counties for qualified patients and primary caregivers, and provide criminal immunity to qualified patients and primary caregivers for certain activities involving medical cannabis, including the collective or cooperative cultivation of medical cannabis; and WHEREAS, the California Supreme court ruled unanimously in city of Riverside v. lnland Empire Patients Heatth and wetlness center, lnc. (2013) 56 Cal.4th 729, that the CUA and the MMP do not preempt local ordinances that completely and permanently ban medical marijuana dispensaries, collectives, and cooperatives; and WHEREAS, in 2015, California enacted three bills, Assembly Bills 243 and 266 and Senate Bill 643, commonly referred to as the Medical cannabis Regulation and Safety Act (MCRSA), which established a comprehensive state regulatory and licensing framework for cultivation, manufacturing, sale, transportation, storage, delivery, and testing of medical cannabis in California; and WHEREAS, in 2016, the voters of the State of California approved Proposition 64, known as the "Control, Regulate and Tax Adult Use of Marijuana Act" (AUMA)' which legalized recreational cannabis use by persons age twenty-one and over, authorized cultivation of up to six cannabis plants for personal consumption, and established a new state regulatory and licensing framework for cultivation, manufacturing, sale, transportation, storage, delivery, and testing of recreational cannabis in California;and Page 1 of 5 WHEREAS, in 2017 , California enacted Senate Bill 94, which repealed MCRSA, incorporated certain provisions of the MCRSA into the licensing provisions of the AUMA, and consolidated the state regulatory and licensing framework for medical and recreational cannabis, with the consolidated provisions to be known as "Medicinal and Adult-Use Cannabis Regulation and Safety Act" (MAUCRSA); and WHEREAS, under Senate Bill 94, a local jurisdiction may reasonably regulate' but cannot ban, personal indoor cultivation of up to six cannabis plants per single private residence, and can ban or regulate personal outdoor cultivation;and WHEREAS, Senate Bill 94 preserves the right of property owners, including landlords, to prohibit cannabis cultivation on their property; and WHEREAS, Senate Bill 94 preserves the authority of local jurisdictions to prohibit or impose additional restrictions on the cultivation, manufacture, transportation, storage, distribution, delivery, and sale of commercial medical or recreational cannabis; and WHEREAS, the City Council has determined that express Zoning Code regulations regarding cannabis cultivation and commercial cannabis activities will benefit th- public by providing clear guidelines regarding the scope of prohibited conduct and minimize the potential for confusion regarding the City's policies; and WHEREAS, the City council finds that impacts of medical and recreational cannabis are the same and therefore no separate use classifications or regulations are necessary; and WHEREAS, in order to protect the public health, safety, and welfare, the City Council desires to allow personal indoor cultivation of up to six cannabis plants, to prohibit all other cultivation, and to prohibit all commercial cannabis activity except for deliveries and laboratory testing; and WHEREAS, the City Council has reviewed and considered the exemption determination under the California Environmental Quality Act (CEOA) prior to taking any approval actions on this Ordinance and approves such exemption. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES ORDAIN AS FOLLOWS: section 1. The recitals set forth above are true and correct, and are hereby incorporated herein by this reference as if fully set forth in their entirety. section 2. The City council hereby finds that the proposed ordinance is in the public interest. section 3. The proposed ordinance is not a project within the meaning of section 15378 of the CEQA Guidelines because it has no potential for resulting in physical change in the environment, either directly or ultimately. ln the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in Page 2 of 5 CEQA Guidelines section 15061(bX3) because it can be seen with certainty to have no possibility of a significant effect on the environment. Section 4. lf any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion or sections of the Ordinance. The City Council of the City of Burlingame hereby declares that it would have adopted the Ordinance and each section, subsection, Sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional. Section 5. This Ordinance shall go into effect 30 days following its adoption. Section 6. The City Clerk is directed to publish this ordinance in a manner required by law. Page 3 ot 6 Sections Purpose - Regulations of Cannabis (Marijuana). Applicability. Definitions. Gommercial Cannabis Activity Prohibited. Cultivation of Cannabis Prohibited. Violations - Penalty. Public Nuisance. 25.58.060 Purpose - Regulations of Cannabis (Marijuana). This Article (sections 25.58.060 - 25.58.120(F)) establishes regulations governing cultivation, possession, manufacture, distribution, processing, storing, labeling, or sale of cannabis (commonly known as "marijuana") and cannabis products, whether for medicinal or adult use. The City finds it necessary to establish such regulations in the interest of the public health, safety, and welfare to regulate all cannabis-related activities. 25.58.060(A) Applicability. This Article shall apply to the establishment of all land uses related to cannabis and cannabis products, whether for medicinal or adult use. 25.58.060(B) Definitions. For the purposes of this Article, the following words and phrases shall have the following meanings: a. "Cannabis" (also known as "marijuana") means any or all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not, the seeds thereof, the resin or separated 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" shall not include industrial hemp, as defined in Health and Safety Code section 1 101 8.5. b. "Cannabis Product" means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients. "Commercial cannabis activity" Page 4 of 6 AN ORDTNANCE OF THE C]TY COUNCIL OF THE CITY OF BURLINGAME AMENDING CHAPTER 25.58 OF THE BURLINGAME MUNICIPAL CODE TO ADD REGULATIONS REGARDING MARIJUANA 25.58.060 25.s8.060(A) 25.58.060(B) 2s.58.060(C) 25.s8.060(D) 25.58.060(E) 25.58.060(F) means the cultivation, possession, manufacture, distribution, processing, storing, labeling, transportation, or sale of cannabis and cannabis products for commercial purposes, whether for profit or nonprofit, and for which a state license is required under Business and Professions Code sections 26000 et seq. Commercial cannabis activity shall not include delivery of cannabis and cannabis products. c. "Commercial cannabis activity" means the cultivation, possession, manufacture, distribution, processing, storing, labeling, or sale of cannabis and cannabis products for commercial purposes, whether for profit or nonprofit, and for which a state license is required under Business and Professions Code sections 26000 et seq. Commercial cannabis activity shall not include delivery of cannabis and cannabis products as "delivery" is defined in state law. d. "Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis. e. ,,Fully enclosed and secure structure" means a code-compliant space within a building, greenhouse or other structure which has a complete roof enclosure supported by ionnecting walls extending from the ground to the roof, which is secure against unauthorized entry, and which is accessible only through one or more locking doors. f. "lndoor" means within a fully enclosed and secure structure as defined herein. "Private residence" means a house, an apartment unit, a mobile home, or other similar dwelling. 25.58.050(C) Commercial Cannabis Activity Prohibited. Commercial cannabis activity is a prohibited use in all zoning districts. 25.58.060(D) Cultivation of Cannabis Prohibited. a. Cannabis cultivation is a prohibited use in all zoning districts except as provided in 25.58.060(DXb). b. Notwithstanding the general prohibition in 25.58.060(D)(a), indoor cultivation of no more than six living cannabis plants for personal use is permitted in all zoning districts. No more than six living cannabis plants may be possessed, planted' cultivated, harvested, dried, or processed within a private residence at any one time, including within an accessory structure to a private residence that is fully enclosed and secure. The plants shall not be visible from a public place. Persons engaging in indoor cultivation must comply with state and local laws, including all applicable building, electrical fire, and water codes and regulations. 25.58.060(E) Violation-Penalty. a. Any person found to be in violation of any provision of this Article shall be subject to the enforcement remedies set forth in the Burlingame Municipal Code. Page 5 of 6 s M yor Michael ngg l, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, certify that the foregoing ordinance was introduced at a regular meeting of the City Council held on 4th day of September 2018 and adopted thereafter at a regular meeting of the City Council held on the 17th day of September 2018 by the following votes: AYES: COUNCILMEMBERS: BEACH, BROWNRIGG, COLSON, KEIGHRAN' ORTIZ NOES:COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ATTEST Me ag el - Shearer,lerk Page 5 of 6 b. Each violation of this Article and each day of violation of this Article shall be considered as separate and distinct violations thereof and the imposition of a penalty shall be as set forth in 25.58.060(EXa) for each and every separate violation and each and every day of violation. 25.58.060(F) Public Nuisance. Any use or condition caused or permitted to exist in violation of any of the provisions of this Article shall be and is hereby declared a public nuisance and may be abated by the City pursuant to the procedures set forth in the Burlingame Municipal Code.