HomeMy WebLinkAbout17-06 PC Resolution PC RESOLUTION NO.17-06
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA RECOMMENDING THAT THE
CITY COUNCIL ADOPT AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF TEMECULA AMENDING
CHAPTER 8.52 OF TITLE 8, HEALTH AND SAFETY, OF
THE TEMECULA MUNICIPAL CODE TO PROHIBIT
COMMERCIAL MARIJUANA ACTIVITY IN THE CITY AND
TO AMEND REGULATIONS PERTAINING TO
MARIJUANA CULTIVATION, AND AMENDING TITLE 17,
ZONING, TO PROHIBIT COMMERCIAL MARIJUANA
ACTIVITY IN ALL ZONES AND TO AMEND
REGULATIONS PERTAINING TO MARIJUANA
CULTIVATION, AND FINDING THAT THIS ORDINANCE IS
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT PURSUANT TO CEQA GUIDELINES,
SECTION 15061(B)(3) (PLANNING APPLICATION NO.
LR16-1056)"
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On April 5, 2017, the Planning Commission identified a need to amend
sections of the Temecula Municipal Code to prohibit all commercial marijuana activity in
the City and to amend regulations pertaining to marijuana cultivation in order to
implement Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act
(Planning Application No. PA16-1056).
B. The proposed Ordinance was processed including, but not limited to a
public notice, in the time and manner prescribed by State and local law.
C. The Planning Commission, at a regular meeting, considered the project
and environmental review on April 5, 2017, at a duly noticed public hearing as
prescribed by law, at which time the City staff and interested persons had an
opportunity to and did testify either in support or in opposition to this matter.
D. At the conclusion of the Planning Commission hearing and after due
consideration of the testimony, the Planning Commission recommended that the City
Council approve Planning Application No. LR16-1056 subject to and based upon the
findings set forth hereunder.
E. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Environmental Compliance. In accordance with the California
Environmental Quality Act, the proposed Ordinance No. 17- (Ordinance
regulating all commercial marijuana activity in the City and amending regulations
pertaining to marijuana cultivation) is exempt from the requirements of the California
Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of
Regulations, Section 15061 (b) (3) because it can be seen with certainty that there is no
possibility that the Ordinance will have a significant effect on the environment. The
proposed ordinance bans commercial marijuana activity in the City and amends
regulations pertaining to marijuana cultivation. Placing such a restriction on the use of
property will not result in a permanent alteration of property or the construction of any
new or expanded structures. The Planning Commission, therefore, recommends that
the City Council of the City of Temecula adopt a Notice of Exemption for the proposed
ordinance.
Section 3. Recommendation. The Planning Commission of the City of
Temecula recommends that the City Council approve Planning Application No. LR16-
1056, a proposed Citywide Ordinance as set forth on Exhibit A, attached hereto, and
incorporated herein by this reference.
Section 4. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 5th day of April 2017.
John Telesio, Chairman
ATTEST:
uke Watson
Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
CITY OF TEMECULA )
I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby
certify that the forgoing PC Resolution No. 17-06 was duly and regularly adopted by
the Planning Commission of the City of Temecula at a regular meeting thereof held on
the 5th day of April 2017, by the following vote:
AYES: 5 PLANNING COMMISSIONERS: Guerriero, Telesio, Turley-Trejo,
Wafts, Youmans
NOES: 0 PLANNING COMMISSIONERS: None
ABSENT: 0 PLANNING COMMISSIONERS: None
ABSTAIN: 0 PLANNING COMMISSIONERS: None
Lu a Watson
Secretary
ORDINANCE NO. 17-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING CHAPTER 8.52 OF TITLE 8,
HEALTH AND SAFETY, OF THE TEMECULA MUNICIPAL
CODE TO PROHIBIT COMMERCIAL MARIJUANA
ACTIVITY IN THE CITY AND TO AMEND REGULATIONS
PERTAINING TO MARIJUANA CULTIVATION, AND
AMENDING TITLE 17, ZONING, TO PROHIBIT
COMMERCIAL MARIJUANA ACTIVITY IN ALL ZONES
AND TO AMEND REGULATIONS PERTAINING TO
MARIJUANA CULTIVATION, AND FINDING THAT THIS
ORDINANCE IS EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT PURSUANT TO CEQA
GUIDELINES, SECTION 15061(B)(3)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Chapter 8.52 (Marijuana Cultivation) of Title 8 (Health and Safety)
of the Temecula Municipal Code is hereby amended in its entirety to read as follows:
CHAPTER 8.52 — MARIJUANA CULTIVATION AND COMMERCIAL
MARIJUANA ACTIVITY
Sections:
8.52.010 — Findings and purpose.
8.52.020 — Authority.
8.52.030 — Definitions.
8.52.040 — Prohibitions on commercial marijuana activity.
8.52.050 — Prohibitions on marijuana cultivation — Nuisance declared.
8.52.060 — Limited exemption from enforcement for medical marijuana.
8.52.070 — Abatement of other nuisances.
8.52.080 — Violations and penalties.
8.52.010 Findings and purpose.
The City Council finds and declares the following:
A. The Control, Regulate and Tax Adult Use of Marijuana Act (the "AUMA"),
was approved by the voters of the State of California on November 8, 2016. The AUMA
adds Section 11362.1 to the Health and Safety Code, which makes it "lawful under state
and local law" for persons 21 years of age or older to "possess, process, transport,
purchase, obtain, or give away to persons 21 years of age or older without any
compensation whatsoever" up to 28.5 grams of marijuana not in the form of
concentrated cannabis or up to eight grams of marijuana in the form of concentrated
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cannabis. The provisions of the AUMA related to the possession, use, and cultivation of
marijuana became effective on November 9, 2016.
B. To regulate the commercial use of non-medical marijuana, the AUMA
adds Division 10 (Marijuana) to the Business & Professions Code, Sections 26000 et
seq., which grants State agencies the authority to create, issue, renew, discipline,
suspend, or revoke licenses for marijuana businesses. The AUMA provides that the
State shall begin issuing licenses to marijuana businesses under Division 10 of the
Business and Professions Code by January 1, 2018.
C. Business and Professions Code section 26055(e) provides that a State
licensing authority shall not approve an application for a State license for commercial
non-medical marijuana activity, if approval of the State license will violate the provisions
of any local ordinance.
D. The AUMA permits cities to (1) adopt and enforce local ordinances to
regulate non-medical marijuana businesses, including, but not limited to, local zoning
and land use requirements, business license requirements, and requirements related to
reducing exposure to secondhand smoke, or (2) completely prohibit the establishment
or operation of marijuana businesses within its jurisdiction.
E. The AUMA allows for the planting, cultivation, harvesting, drying and
processing ("cultivation activities") of up to six marijuana plants in, or upon the grounds
of, a private residence, as well as the possesion of any marijuana produced by the
plants. The AUMA authorizes a city to enact and enforce an ordinance that reasonably
regulates cultivation activities, and to completely prohibit cultivation activities outdoors
upon the grounds of a private residence unless the California Attorney General
determines that non-medical use of marijuana is lawful in the State under Federal law.
F. On October 9, 2015, Governor Brown signed Assembly Bill No. 243,
Assembly Bill No. 266, and Senate Bill 643 into law, which are now collectively known
as the Medical Cannibas Regulation and Safety Act (hereinafter "MCRSA"). The
MCRSA establishes a State licensing scheme for commercial medical marijuana uses,
while protecting local control by requiring that all such businesses must have a local
license or permit to operate in addition to a State license. The MCRSA allows a city to
completely prohibit commercial medical marijuana activities, including the cultivation of
medical marijuana.
G. In 1996, the voters of the State of California approved Proposition 215
(codified as California Health and Safety Code section 11362.5, and entitled "The
Compassionate Use Act of 1996" or "CUA"). The intent of Proposition 215 was to
enable persons who are in need of marijuana for medical purposes to use it without fear
of criminal prosecution under limited, specified circumstances. The proposition further
provides that "nothing in this section shall be construed to supersede legislation
prohibiting persons from engaging in conduct that endangers others, or to condone the
diversion of marijuana for non-medical purposes." The ballot arguments supporting
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Proposition 215 expressly acknowledged that "Proposition 215 does not allow unlimited
quantities of marijuana to be grown anywhere."
H. In 2004, the Legislature enacted Senate Bill 420 (codified as California
Health and Safety Code sections 11362.7, et seq., and referred to as the "Medical
Marijuana Program" or "MMP") to clarify the scope of Proposition 215, and to provide
qualified patients and primary caregivers who collectively or cooperatively cultivate
marijuana for medical purposes with a limited defense to certain specified State criminal
statutes. Assembly Bill 2650 (2010) and Assembly Bill 1300 (2011) amended the
Medical Marijuana Program to expressly recognize the authority of counties and cities to
"[a]dopt local ordinances that regulate the location, operation, or establishment of a
medical marijuana cooperative or collective" and to civilly and criminally enforce such
ordinances.
I. In City of Riverside v. Inland Empire Patients Health and Wellness Center,
Inc. (2013) 56 Cal. 4th 729, the California Supreme Court held that "[n]othing in the
CUA or the MMP expressly or impliedly limits the inherent authority of a local
jurisdiction, by its own ordinances, to regulate the use of its land..." Additionally, in
Maral v. City of Live Oak (2013) 221 Cal. App.4th 975, the Court of Appeal held that
"there is no right—and certainly no constitutional right—to cultivate medical
marijuana..." The Court in Maral affirmed the ability of a local governmental entity to
prohibit the cultivation of marijuana under its land use authority. Numerous court
decisions have held that the CUA and MMP provide criminal law immunities for qualified
patients, persons with identification cards, and primary caregivers to possess, store and
cultivate marijuana, but do not preempt local land use ordinances from prohibiting
medical marijuana businesses, deliveries, storage, possession and cultivation. Kirby v.
County of Fresno, 242 Cal.App.4th 940, 969-70 (2015); Safe Life Caregivers v. City of
Los Angeles, 243 Cal.App.4th 1029, 1032 (2016).
J. The Federal Controlled Substances Act, 21 U.S.C. §§ 801, et seq.,
classifies marijuana as a Schedule I Drug, which is defined as a drug or other
substance that has a high potential for abuse, that has no currently accepted medical
use in treatment in the United States, and that has not been accepted as safe for use
under medical supervision. The Federal Controlled Substances Act makes it unlawful,
under federal law, for any person to cultivate, manufacture, distribute or dispense, or
possess with intent to manufacture, distribute or dispense, marijuana. The Federal
Controlled Substances Act contains no exemption for the cultivation, manufacture,
distribution, dispensation, or possession of marijuana for any purposes.
K. Cities in California have reported negative effects of marijuana cultivation,
processing and distribution activities, including offensive odors, illegal sales and
distribution of marijuana, trespassing, theft, violent robberies and robbery attempts, fire
hazards, and problems associated with mold, fungus, and pests. Furthermore, as
marijuana plants begin to flower, and for a period of two months or more, the plants
produce a strong, unique odor, offensive to many people, and detectable far beyond
property boundaries if grown outdoors. This odor can have the effect of encouraging
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theft by alerting persons to the location of the valuable plants, and creating a risk of
burglary, robbery or armed robbery of the plants and creating the potential for violent
acts related to such criminal activity.
L. Marijuana cultivation in the City can adversely affect the health, safety,
and well-being of City residents, visitors and workers. Regulating marijuana cultivation
in the City is proper and necessary to avoid the risks of criminal activity, degradation of
the natural environment, and malodorous smells that may result from unregulated
marijuana cultivation, and that are especially significant if the amount of marijuana
cultivated on a single premises is not regulated and substantial amounts of marijuana
are thereby allowed to be concentrated in one place.
M. The justification for regulating or banning commercial marijuana cultivation
pursuant to the City's police power includes, but is not limited to: 1) The increased risk
to public health and safety, based on the value of marijuana plants and flowers and the
accompanying threat of break-ins, robbery and theft, and attendant violence and injury;
2) the strong "skunk like" malodorous fumes emitted from mature plants which can
interfere with the use and enjoyment of neighboring properties by their occupants; and
3) the potential for theft and use by school age children where marijuana is cultivated in
a visible location, particularly where such location is close to schools.
N. As recognized by the Attorney General's August 2008 Guidelines for the
security and non-diversion of marijuana grown for medical use, marijuana cultivation or
other concentration of marijuana in any location or premises without adequate security
increases the risk that surrounding homes or businesses may be negatively impacted
by nuisance activity such as loitering or crime.
8.52.020 Authority.
This ordinance is adopted pursuant to the authority granted by Article XI, section 7 of
the California Constitution, Health and Safety Code section 11362.83, Government
Code sections 25845 and 53069.4, the MCRSA, the AUMA, and other applicable law.
8.52.030 Definitions.
As used in this Chapter the following specific terms shall have the following meanings:
A. "AUMA" means the Control, Regulate and Tax Adult Use of Marijuana Act
approved by the voters on November 8, 2016, as the same may be amended from time
to time.
B. "Child care center" means any licensed child care center, daycare center,
child care home, or any preschool.
C. "Community center" means any facility open to the public at which
classes, social activities, recreational activities, educational activities, support and public
information are offered for all residents of the community.
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D. "Commercial marijuana activity" means the cultivation, possession,
manufacture, distribution, processing, storing, laboratory testing, labeling,
transportation, delivery, or sale of marijuana and marijuana products, whether or not for
profit. "Commercial marijuana activity" also includes the activities of any business
licensed by the State or other government entity under Divisions 8 or 10 of the Business
& Professions Code, as they may be amended from time to time.
E. "Concentrated cannabis" shall have the same meaning as "cannabis
concentrate" as defined in Business and Professions Code section 19300.5, as the
same may be amended from time to time.
F. "Cultivation" means any activity involving the planting, growing, harvesting,
drying, curing, grading, or trimming of marijuana.
G. "Delivery" means the commercial transfer of marijuana or marijuana
products to a customer. "Delivery" also means the use by a retailer of any technology
platform owned and controlled by the retailer, or independently licensed under California
law, that enables customers to arrange for or facilitate the commercial transfer by a
licensed retailer of marijuana or marijuana products.
H. "Distribution" means the procurement, sale, and transport of marijuana
and marijuana products between entities licensed under Divisions 8 or 10 of the
Business & Professions Code, as they may be amended from time to time.
I. "Fully enclosed and secure structure" means a space within a building,
greenhouse or other structure which has a complete roof enclosure supported by
connecting walls extending from the ground to the roof, which is secure against
unauthorized entry, provides complete visual screening, and which is accessible only
through one or more lockable doors and inaccessible to minors. The fully enclosed and
secure structure must maintain a minimum ten (10) foot setback from any property line.
Such setback distance shall be measured in a straight line from the fully enclosed and
secure structure in which the marijuana plants are cultivated. The ten (10) foot setback
requirement does not apply to cultivation occurring in a garage.
J. "Marijuana" means 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.
"Marijuana" also means the separated resin, whether crude or purified, obtained from
marijuana, and any product containing marijuana. It does not include:
1. Industrial hemp, as defined in Section 11018.5 of the California Health and
Safety Code; or
2. The weight of any other ingredient combined with marijuana to prepare
topical or oral administrations, food, drink, or other product.
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Marijuana also includes "cannabis" as defined in Business and Professions Code
section 19300.5(f), as the same may be amended from time to time.
K. "Marijuana cultivation" means the planting, growing, harvesting, drying,
processing, or storage of one or more marijuana plants or any part thereof in any
location, indoor or outdoor, fixed or mobile, for medical, non-medical or other uses.
L. "MCRSA" means the Medical Cannabis Regulation and Safety Act as
contained, codified, enacted, and signed into law on October 9, 2015, as Assembly Bill
No. 243, Assembly Bill No. 266, and Senate Bill 643, and as amended by Assembly Bill
21 in 2016, as the same may be amended from time to time.
M. "Person" means any individual, firm, co-partnership, joint venture,
association, collective, cooperative, corporation, limited liability company, non-profit,
estate, trust, business trust, receiver, syndicate, or any other group or combination
acting as a unit, and the plural as well as the singular.
N. "Primary caregiver" shall have the meaning set forth in Health and Safety
Code sections 11362.5 and 11362.7, et seq.
O. "Private residence" means a house, an apartment unit, a mobile home, or
other similar dwelling that is lawfully used as a residence.
P. "Qualified patient' shall have the meaning set forth in Health and Safety
Code sections 11362.5 and 11362.7, et seq.
Q. "School' means an institution of learning for minors, whether public or
private, offering a regular course of instruction required by the California Education
Code. This definition includes a nursery school, kindergarten, elementary school,
middle or junior high school, senior high school, or any special institution of education,
but it does not include a home school, vocational or professional institution of higher
education, including a community or junior college, college, or university.
R. "Youth-oriented facility" means any facility that caters to or provides
services primarily intended for minors, or the individuals who regularly patronize,
congregate or assemble.at the establishment are predominantly minors.
8.52.040 Prohibitions on commercial marijuana activity.
A. Commercial marijuana activity for medical, non-medical or other purposes
is expressly prohibited everywhere in the City including all zoning districts, specific plan
areas, overlay zones and planned development zones. No person shall establish,
operate, maintain, conduct or allow commercial marijuana activity for medical, non-
medical or other purposes anywhere within the City. No application for a building
permit, conditional use permit, business license, or any other entitlement authorizing the
establishment, operation, maintenance, development, or construction of any use that
allows for commercial marijuana activity for medical, non-medical, or other purposes,
shall be approved by the City.
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B. A property owner shall not rent, lease or otherwise permit any business
that engages in commercial marijuana activity to occupy real property in the city. A
property owner shall not allow any person or business to establish, operate, maintain,
conduct, or engage in commercial marijuana activity on any real property owned or
controlled by that property owner that is located in the City.
C. This section shall prohibit all activities for which a State license is required
pursuant to the AUMA or the MCRSA. Accordingly, the City shall not issue any permit,
license or other entitlement for any activity for which a State license is required under
the AUMA or the MCRSA. The City shall also not issue any local license to a non-profit
entity pursuant to Business and Professions Code section 26070.5.
D. The prohibition in this section shall not prohibit a person 21 years of age
or older from (1) possessing, processing, purchasing, transporting, obtaining or giving
away to persons 21 years of age or older, without compensation whatsoever, not more
than 28.5 grams of marijuana not in the form of concentrated cannabis or up to eight
grams in the form of concentrated cannabis, (2) smoking or ingesting marijuana or
marijuana products, (3) possessing, transporting, purchasing, obtaining, using,
manufacturing, or giving away marijuana accessories to persons 21 years of age or
older without compensation whatsoever, to the extent that such activities are authorized
by Health and Safety Code section 11362.1, or (4) engaging in the indoor cultivation of
six or fewer live marijuana plants within a single private residence or inside an
accessory structure located upon the grounds of a private residence that is fully
enclosed and secured, to the extent such cultivation is authorized by Health and Safety
Code sections 11362.1 and 11362.2.
E. The prohibition in this section shall not prohibit the transportation of
marijuana or marijuana products on public roads by a person licensed by Chapter 3.5 of
Division 8 or Division 10 of the Business and Professions Code.
8.52.050 Prohibitions on marijuana cultivation—Nuisance declared.
A. Marijuana cultivation, outdoors, for medical, non-medical or other
purposes, is prohibited everywhere in the City including all zoning districts, specific plan
areas, overlay zones and planned development zones and is hereby declared to be
unlawful and a public nuisance, except as otherwise provided in Section 8.52.060. No
person owning, renting, leasing, occupying or having charge or possession of any
parcel shall cause or allow such parcel to be used for cultivating marijuana outdoors.
The foregoing prohibition shall be imposed regardless of the number of qualified
patients or primary caregivers residing at the premises or participating directly or
indirectly in the cultivation. Further, this prohibition shall be imposed notwithstanding
any assertion that the person or persons cultivating marijuana are the primary caregiver
or caregivers for qualified patients or that such person or persons are collectively or
cooperatively cultivating marijuana. There is a limited exemption from enforcement of
this subsection as set forth in Section 8.52.060 below.
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B. Marijuana cultivation, indoors, for medical purposes is prohibited. There is
a limited exemption from enforcement of this subection as set forth in Section 8.52.060
below.
C. Marijuana cultivation, indoors, for non-medical purposes will be allowed
consistent with State law. As required by State law, no more than six (6) live marijuana
plants may be planted, cultivated, harvested, dried, or processed within a single private
residence or inside an accessory structure located upon the grounds of a private
residence that is fully enclosed and and secured. Any marijuana cultivation for non-
medical marijuana purposes that exceeds the limits set forth in this subsection is hereby
declared to be unlawful and a public nuisance.
8.52.060 Limited exemption from enforcement for medical marijuana.
A. The City is committed to making efficient and rational use of its limited
investigative and prosecutorial resources. There shall be a limited exemption from
enforcement for violations of this Chapter by primary caregivers and qualified patients
for small amounts of marijuana cultivation for their own medical use in zone
classifications identified in Section 17.06.030 on which a single family detached dwelling
exists when all of the following conditions and standards are complied with:
1. The premises shall contain a legally permitted single family detached
dwelling.
2. Cultivation of no more than twelve (12) marijuana plants per qualified
patient. In the event a qualified patient has a primary caregiver cultivating marijuana
plants for the qualified patient, only one primary caregiver may cultivate no more than
twelve (12) marijuana plants for that qualified patient at any one time. In no
circumstances shall a qualified patient have multiple primary caregivers cultivating
marijuana plants for the qualified patient at the same time in the City.
3. Two (2) qualified patient limit to aggregate marijuana plant count for a
maximum total of twenty-four (24) marijuana plants per premises.
4. At least one qualified patient or one primary caregiver, acting on behalf of
the qualified patient pursuant to subsection A.2., must live on the premises.
5. All marijuana plants must be reasonably secured to prevent theft and
access to the plants by persons under the age of twenty-one (21), to a standard
satisfactory to the enforcement official.
6. All marijuana cultivation outside of any building must be fully enclosed by
an opaque fence at least six (6) feet in height. The fence must be adequately secured to
prevent unauthorized entry. Bushes, hedgerows, plastic sheeting, tarps, or cloth
material shall not constitute an adequate fence under this subsection. Premises larger
than five (5) acres are exempt from this fencing provision so long as all other standards
and conditions of subsection A. of this section are complied with and any barriers used
are otherwise consistent with this Code.
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7. Each building or outdoor area in which the marijuana plants are cultivated
shall be set back at least ten (10) feet from all boundaries of the premises. Such
setback distance shall be measured in a straight line from the building in which the
marijuana plants are cultivated, or, if the marijuana plants are cultivated in an outdoor
area, from the fence required by subsection A.6. to the boundary line of the premises.
8. The designated marijuana cultivation area must not be visible from any
public right-of-way.
9. If the person cultivating marijuana plants on any premises is not the owner
of the premises, such person shall submit a letter from the owner(s) consenting to the
marijuana cultivation on the parcel. An original of this letter shall be submitted to and
retained by the Community Development Department. The City shall prescribe forms for
such letters.
10. Parolees or probationers shall not live on the premises unless the
parolees or probationers have received written confirmation from the court that he or
she is allowed to use medical marijuana while on parole or probation pursuant to Health
& Safety Code section 11362.795 which shall be subject to verification by the
enforcement official.
11. Qualified patients for whom the marijuana plants are being cultivated shall
have valid medical marijuana identification cards issued by the Riverside County
Department of Public Health. Any primary caregiver cultivating marijuana plants for a
qualified patient shall have a copy of the qualified patient's valid medical marijuana
identification card issued by the Riverside County Department of Public Health which
shall be kept on the premises.
12. The address for the premises must be posted and plainly visible from the
public right-of-way.
13. The marijuana cultivation shall not be within a building containing two or
more dwelling units.
14. The marijuana cultivation shall not be upon any premises located within
one thousand (1,000) feet of any school, community center, or park.
15. The marijuana cultivation shall not be upon any premises containing a
child care center, church (religious facility), or youth-oriented facility.
B. Any marijuana cultivation for medical purposes that does not comply with
all of the standards and conditions in subsection A. of this section is a public nuisance
and shall be subject to penalties and abatement as provided in Title 1 and Chapters
8.12 and 8.52 this Code.
8.52.070 Abatement of other nuisances.
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Nothing in this Chapter shall be construed as a limitation on the City's authority to abate
any nuisance which may otherwise exist from the planting, growing, harvesting, drying,
processing or storage of marijuana plants or any part thereof from any location, indoor
or outdoor, including from within a fully enclosed and secure building, as long as such
abatement is consistent with State law.
8.52.080 Violations and penalties.
A. Violation of any provision of this Chapter is a misdemeanor and is subject
to enforcement pursuant to the provisions of Title 1 of this Code. The provisions of this
Chapter may be enforced by members of the Riverside County Sheriff's Department,
persons employed by the City whose job descriptions require the person to enforce the
provisions of this Code, including but not limited to, code enforcement officers, and such
other enforcement officials as described in Section 1.16.020 of this Code or its
successor sections. No provision of Title 1 or this Chapter shall authorize a criminal
prosecution or arrest prohibited by Health and Safety Code sections 11362.71 or
11362.1 et seq., as the same may be amended from time to time. In the event of any
conflict between the penalties enumerated under Title 1 or this Chapter and any
penalties set forth in State law, the maximum penalties allowable under State law shall
govern.
B. Any violation of this Chapter shall be, and the same is declared to be,
unlawful and a public nuisance, and the City may, in addition to or in lieu of prosecuting
a criminal or administrative action hereunder, commence an action or actions,
proceeding or proceedings for the abatement, removal and enjoinment thereof, in the
manner provided by law, and shall take such other steps and shall apply to such court
or courts as may have jurisdiction to grant such relief as will abate or remove such
commercial marijuana business or marijuana cultivation site and restrain and enjoin any
person from operating, conducting or maintaining a commercial marijuana business or
marijuana cultivation site in a manner contrary to the provisions of this Chapter.jj
Section 2. Section 17.02.050 is hereby added to the Temecula Municipal
Code to read as follows:
""Commercial marijuana activity" and "marijuana cultivation" (as defined in
Chapter 8.52) for medical, non-medical or other purposes, are prohibited uses
everywhere in the City including all zoning districts, specific plan areas, overlay zones
and planned development zones and shall be prohibited uses, except as otherwise
provided in Sections 8.52.040, 8.52.050, and 8.52.060."
Section 3. The Community Development Director is authorized and directed to
update the Use Regulations and Tables contained in Title 17, Zoning, to provide that
commercial marijuana activity" and "marijuana cultivation" (as defined in Chapter 8.52)
for medical, non-medical or other purposes, are prohibited uses everywhere in the City
including all zoning districts, specific plan areas, overlay zones and planned
development zones and shall be prohibited uses, except as otherwise provided in
Sections 8.52.040, 8.52.050, and 8.52.060.
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Section 4 CEQA Findings. The City Council finds that the adoption of this
Ordinance is exempt from the requirements of the California Environmental Quality Act
("CEQA") pursuant to Title 14, Chapter 3, California Code of Regulations (CEQA
Guidelines), Section 15061(b)(3). It can be seen with certainty that there is no
possibility that the adoption of this Ordinance will have a significant effect on the
environment. The Ordinance prohibits commercial marijuana activity and regulates
marijuana cultivation. Placing such a restriction on the use of property will not result in
a permanent alteration of property nor the construction of any new or expanded
structures.
Section 5. Severability. If any sentence, clause or phrase of this Ordinance
is for any reason held to be unconstitutional or otherwise invalid, such decision shall not
affect the validity of the remaining provisions of this Ordinance. The City Council
hereby declares that it would have passed this Ordinance and each sentence, clause or
phrase thereof irrespective of the fact that any one or more sentences, clauses or
phrases be declared unconstitutional or otherwise invalid.
Section 6. Effect of Ordinance. This Ordinance shall take effect thirty (30)
days after passage
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this `h day of 2017.
Michael S. Naggar, Mayor
ATTEST:
Randi Johl, City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 17- was duly introduced and placed upon its first reading at a
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meeting of the City Council of the City of Temecula on the day of 2017,
and that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the day of by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
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