HomeMy WebLinkAbout17-02 CC Ordinance ORDINANCE NO. 17-02
' 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 (CEQA) 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. AppAth 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.
J. The Federal Controlled Substances Act, 21 U.S.C. §§ 801, at 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
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.
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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.
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
Ords 17-02 4
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.
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.
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Ords 17-02 5
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. Except for deliveries to primary caregivers or qualified patients, as defined
in this chapter , all deliveries of marijuana or marijuana products to or from any location
in the city are expressly prohibited. Except for deliveries to primary caregivers or
qualified patients, as defined in this chapter, no person shall conduct or perform any
delivery of any marijuana or marijuana products, which delivery either originates or
terminates within the city. This subsection shall not prohibit any person from
transporting marijuana or marijuana products on public roads by a person licensed
under either Chapter 3.5 of Division 8 or Division 10 of the California Business and
Professions Code.
E. 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.
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
Ords 17-02 7
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.
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
ords 17-02 8
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.
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
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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.
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 Sheriffs 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."
Section 2. Section 17.02.050 (Prohibited uses.) is hereby added to Chapter
17.02 (Establishment of Zoning Districts) of Title 17 (Zoning) of the Temecula Municipal
Code to read as follows:
"Section 17.02.050 Prohibited uses.
"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."
Ords 17-02 10
Section 3. Table 17.06.030 of Chapter 17.06 (Residential Districts) of Title 17
' (Zoning) of the Temecula Municipal Code is hereby amended by adding
Commerical Marijuana Activity as a prohibited use and amending footnote
number 10 as follows:
Table 17.06.030
Residential Districts
Description of Use HR RR VL L- L- LM M H HR-SM
1 2
Commercial Marijuana Activity- - - -
Marijuana Cultivation
Notes:
10.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 of the Temecula Municipal Code.
Section 4. Table 17.08.030 of Chapter 17.08 (Commercial/Office/Industrial
Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended
by adding Commerical Marijuana Activity as a prohibited use and adding footnote
number 7 to Marijuana Cultivation as follows:
' Table 17.08.030
Schedule of Permitted Uses
Commercial/Office/Industrial Districts
Description of Use NC CC HT SC PO BP !:I
—
Commercial Marijuana Activity -
Marijuana Cultivation
Notes:
7. 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 of the Temecula Municipal Code.
Section S. Table 17.12.030 of Chapter 17.12 (Public/Institutional District) of
Title 17 (Zoning) of the Temecula Municipal Code is hereby amended by adding
Commerical Marijuana Activity and Marijuana Cultivation as a prohibited uses
and adding footnote number 3 to Marijuana Cultivation as follows:
Table 17.12.030
Schedule of Permitted Uses—Public/Institutional Districts
' Description of Use Public/Institutional District
PI
Commercial Marijuana Activity
Ords 17-02 11
Table 17.12.030
Schedule of Permitted Uses—Public/Institutional Districts
Description of Use Public/Institutional District
PI
Marijuana Cultivation
Notes:
3. 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 of the Temecula Municipal Code.
Section 6. Table 17.14.030 of Chapter 17.14 (Open
Space/Recreation/Conservation Zoning Districts) of Title 17 (Zoning) of the
Temecula Municipal Code is hereby amended by adding Commerical Marijuana
Activity as a prohibited use and amending footnote number 2 as follows:
Table 17.14.030
Schedule of Permitted Uses—Open Space
Schedule of Uses PR OS OS-C OS-C-
SM
Commercial Marijuana Activities
' Marijuana Cultivation -
Notes:
2. 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 of the Temecula Municipal Code.
Section 7. Section 17.16.045 (Prohibited uses.) is hereby added to Chapter
17.16 (Specific Plan Zoning District (SP-)) of Title 17 (Zoning) of the Temecula
Municipal Code to read as follows:
"Section 17.16.045 Prohibited uses.
"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 8. Section 17.22.030 (Permitted uses.) of Article 1 (Generally) of
Chapter 17.22 (Planned Development Overlay Zoning District (PDO-)) of Title 17
' (Zoning) of the Temecula Municipal Code is hereby amended by adding item D as
follows:
Ords 17-02 12
"D. "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 9. 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 10. 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 11. 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 13`" day of June, 2017.
91
Maryann Edwards, Mayor
ATTES
Ran ohl, City Clerk
[SEAL]
Ords 17-02 13
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. 17-02 was duly introduced and placed upon its first reading at a
meeting of the City Council of the City of Temecula on the 9t" day of May, 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 13`" day of June, 2017, by the following vote:
AYES: 3 COUNCIL MEMBERS: Comerchero, Rahn, Edwards
NOES: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
ABSENT: 2 COUNCIL MEMBERS: Naggar, Stewart
Randi Johl, City Clerk
ords 17-02 14