HomeMy WebLinkAbout2. Zone Text Amdmt. PLN-17-00102STAFF REPORT
PLANNING DIVISION
DATE: SEPTEMBER 6, 2017
TO: PLANNING COMMISSION
SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT
REVIEWED BY: DAVID BLUMENTHAL, CITY PLANNER
PREPARED BY: GUILLERMO ARREOLA, PRINCIPAL PLANNER
SUBJECT: PLN-17-00102 (ZONE TEXT AMENDMENT) – A REQUEST TO AMEND
THE MUNICIPAL CODE TO REGULATE MARIJUANA
LOCATION: CITYWIDE
ZONING: CITYWIDE
REPORT SUMMARY
Currently, the City prohibits the operation of medical marijuana dispensaries, but is silent on
recreational marijuana. Proposition 64, known as the “Adult Use of Marijuana Act” (“AUMA”)
was approved by California Voters at the November 8, 2016 election. The proposed ordinance
will prohibit commercial marijuana/cannabis activities, while regulating personal cultivation. This
will bring the City’s codes into compliance with Proposition 64.
Based on the analysis contained in this report, staff is recommending the Planning Commission
adopt the following titled resolution:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY RECOMMENDING THAT THE CITY COUNCIL APPROVE A ZONE
TEXT AMENDMENT (PLN-17-00102), THEREBY AMENDING VARIOUS
SECTIONS OF ARTICLE IX OF THE MUNICIPAL CODE REGARDING
PERSONAL CULTIVATION AND COMMERCIAL ACTIVITIES OF MARIJUANA
BACKGROUND
A. Federal Law:
An issue that confronts cities when trying to regulate marijuana is the conflict between
Federal and State laws regarding marijuana. While several laws have been adopted to allow
marijuana in California, the growth, cultivation use and/or possession of marijuana remains illegal
under Federal law. The “Controlled Substances Act of 1970 (“CSA”) classifies marijuana as a
Schedule 1 drug. This classification of drugs are substances that have a high potential for
abuse, have no current accepted medical use in treatment in the United States, and there is an
absence of any accepted safety for use of the substance under medical supervised treatment.
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While marijuana may be legal in California under certain conditions, it remains illegal under the
CSA and may be enforced by federal authorities.
B. California Medical Marijuana Laws:
In 1996, California voters passed the Compassionate Use Act (i.e., Proposition 215) (CUA)
which decriminalized medical marijuana.
In 2003, the Medical Marijuana Program Act (MMPA) established a voluntary program for
medical marijuana identification cards and provided state criminal immunity to certain medical
marijuana activities.
The MMPA was later modified by AB 2650 (Chapter 603, Statutes of 2010) which added
Section 11362.768 of the Health and Safety Code This new section requires that any medical
marijuana cooperative, collective, dispensary operator, establishment or provider who possess
cultivates or distributes medical marijuana be a minimum 600 feet from a school. Additionally,
AB 2650 contains a provision that states: “[n]othing in this section shall prohibit a city county or
city and county from adopting ordinances or policies that further restrict the location or
establishment of a medical marijuana cooperative, collective, dispensary operator,
establishment or provider (See also, City of Claremont v Kruse upholding local governments’
right to enact zoning and land use regulations which either regulate or ban medical marijuana
dispensaries in their jurisdictions).
In response AB 2650, the City Council in 2011 amended the Zoning Code to ban medical
marijuana dispensaries in the City. Further amendments to the Zoning Code were made in
2016 when the City Council adopted additional regulations to ban medical marijuana cultivation,
and medical marijuana delivery, manufacturing and testing laboratories within the City.
In 2015, Sacramento passed the Medical Marijuana Regulation and Safety Act (MMRSA) to
establish a statewide regulatory system for licensing and operation of commercial “for-profit”
medical marijuana operations (starting January 1, 2018).
C. California law re Personal Marijuana Cultivation, Use and Cannabis Commercial
Activities:
On November 8, 2016, California voters approved Proposition 64 (Control, Regulation, and Tax
Adult Use of Marijuana Act) (AUMA), which among other things, decriminalized certain forms of
non-medical marijuana-related activities under state law. The AUMA has two primary
components as follows:
(1) A right to non-medical/recreational marijuana use, possession, and cultivation;
and,
(2) A state licensing and taxing scheme for non-medical/recreational marijuana
businesses similar to those licensed by the state under the Medical Marijuana
Regulation and Safety Act (MMRSA).
The AUMA permits persons 21 years of age and older to cultivate up to six plants indoors and
specifically prohibits cities and counties from completely prohibiting indoor cultivation for non-
medical use, but allows cities and counties to completely ban cultivation outdoors upon the
grounds of a private residence. The AUMA also expressly allows cities and counties to enact
and enforce reasonable regulations to regulate the indoor cultivation of marijuana for non-
medical use. Within this State legislation is a requirement that the City must adopt a local
ordinance by January 1, 2018 to expressly allow and regulate, or prohibit commercial cannabis
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activity before the State begins to issue licenses to operators in 2018. Failure to do so will result
in the City losing its ability to regulate or ban commercial cannabis activities in the City.
On November August 24, 2017, notice of the pending public hearing was published in the
Downey Patriot as a 1/8th page ad in accordance with the requirements of the Downey Municipal
Code.
DISCUSSION
On July 25, 2017, the City Council, initiated a Zone Text Amendment and directed staff to
prohibit all commercial recreational marijuana activity, to ban outdoor cultivation of marijuana,
and to create provisions to “reasonably” regulate indoor personal cultivation of marijuana.
“Reasonable” regulations may include a permitting scheme that requires each cultivator to
obtain City permits prior to commencing cultivation.
In 2009, the California Police Chiefs Association released a whitepaper on medical marijuana
dispensaries, which among other things provides an in depth analysis of adverse secondary
impacts that directly and indirectly result from the operations of dispensaries. These impacts
include, but are not necessarily limited to, homicide, robbery, burglary, organized criminal
activity, weapon violations, and money laundering. This increase in crime presents a hazard to
the public health, safety, and welfare, particularly in view of the fact that members of the public
may be victims of said crimes. Also, limiting the personal cultivation of marijuana for personal
consumption indoors within a fully enclosed and secure structure promotes the protection of life
and property from criminal activities; thus, mitigating the potential impacts associated with
increase of trespassing and theft of property.
Upon reviewing AUMA, staff noted that the City needs to take action on explicitly prohibiting
non-medical marijuana commercial activities and regulating personal indoor and outdoor
cultivation. The City’s ordinance must be in affect prior to January 1, 2018. Failure to meet this
deadline will result in these uses being regulated under the State’s authority.
Accordingly, staff is proposing to amend Section 9428 of the Downey Municipal Code to include
both medical and non-medical marijuana. Additionally, this amendment will prohibit all
commercial cannabis activity within the City, ban outdoor cultivation of marijuana, and regulate
personal indoor cultivation of marijuana. Staff is also proposing to amend Sections 9123, 9132,
and 9146 of the Municipal Code to add and revise several definitions to the Code regarding
medical and non-medical marijuana.
Proposed Amendments
As proposed, the Code will read as follows (blue underline is new text and red strikethrough is
deleted text)
1. MODIFYING DEFINITIONS: The following definitions have been modified and, in some
cases, added to the Downey Zoning Code to address the new terminology in the AUMA and to
expand the existing definitions to include both medical and non-medical marijuana activities.
SECTION 9126. “C” DEFINITIONS.
Commercial Cannabis Activity: The cultivation, possession, manufacture, processing, storing,
laboratory testing, labeling, transporting, distribution, or sale of marijuana and marijuana
products, including medical and non-medical marijuana, non-medical cannabis products and
medical cannabis products within the meaning of California Business and Professions Code
Section 19300 et seq.
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Commercial Cannabis Establishment: Any facility or location where commercial cannabis
activity is conducted, where non-medical marijuana, non-medical marijuana products, medical
marijuana, and medical marijuana products are made available, sold and/or distributed.
SECTION 9132. “F” DEFINITIONS.
Fully Enclosed and Secure Structure: A Building, Fire, and Zoning Code compliant space
within a building, a 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 locking doors.
SECTION 9146. “M” DEFINITIONS.
Marijuana: Shall have the same definition as that set forth in California Health and Safety Code
Section 11018.
Marijuana Accessories: Any equipment, products or materials of any kind which are used,
intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting,
manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing,
packaging, repackaging, storing, smoking, vaporizing, or containing marijuana, or for ingesting,
inhaling, or otherwise introducing marijuana or marijuana products into the human body.
Medical Marijuana, Medical: Marijuana used for medical purposes where that medical use is
deemed appropriate and has been recommended by a physician who has determined that the
person’s health would benefit from the use of marijuana in the treatment of cancer, anorexia,
AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other serious medical
condition for which marijuana is deemed to provide relief as defined in subsection (h) of Health
and Safety Code Section 11362.7. “Medical marijuana” shall also include any edible or other
products that contain marijuana, including, but not limited to, concentrates or extractions.
Medical Marijuana Cultivation: Any activity involving the planting, growing, harvesting, drying,
curing, grading, or trimming of medical marijuana. The planting, growing, harvesting, drying or
processing of marijuana plants or any part thereof for any purpose, including medical marijuana
and non-medical recreational marijuana, and shall include both indoor and outdoor cultivation.
Medical Marijuana Delivery: The commercial transfer of marijuana or marijuana products,
medical marijuana or medical marijuana products from a dispensary or commercial cannabis
establishment to a primary caregiver or qualified patient as defined in Section 11362.7 of the
Health and Safety Code. This shall also include the use by a dispensary and/or commercial
cannabis establishment, or other party, any technological platform that enables patients or
primary caregivers to arrange for or facilitate the commercial transfer by marijuana or marijuana
products, medical marijuana or medical marijuana products.
Marijuana Distribution: The procurement, sale, and transport of marijuana and marijuana
products between entities licensed by the State of California.
Medical Marijuana Manufacturing: Any location or site that The producestion, preparestion,
propagatesion, or compounding of marijuana, and/or medical marijuana, including, but not
limited to, edibles or other products, directly or indirectly, by extraction methods, independently
by means of chemical synthesis, or by a combination of extraction and chemical synthesis.
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Marijuana Operation: Any effort to locate, operate, own, lease, supply, allow to be operated, or
aid, abet or assist in the operation of commercial cannabis activity.
Medical Marijuana Testing Laboratory: Any facility, entity or site that offers or performs test of
marijuana or marijuana products, medical marijuana or medical marijuana products, including
the equipment provided by such laboratory, facility, or entity, and that is both of following:
(a) Accredited by an accrediting body that is independent from all other persons involved in
commercial or medical marijuana activity in the state;
(b) Registered with the Department of Public Health.
2. MEDICAL AND NON-MEDICAL/COMMERCIAL MARIJUANA REGULATIONS: The
following provisions of the Downey Zoning Code are amended to expand the prohibitions to
both commercial medical and non-medical marijuana activities.
SECTION 9428. MEDICAL MARIJUANA DISPENSARIES REGULATIONS
SECTION 9428.02. INTENT AND PURPOSE.
It is the intent of these regulations to prohibit medical marijuana dispensaries, and non-medical
commercial cannabis activity, including deliveries, manufacturing, cultivation, possession,
processing, storing, laboratory testing, labeling, distribution, and sale of non-medical cannabis
products and medical cannabis products within the meaning of the California Business and
Professions Code Section 19300 et seq, and to prohibit personal outdoor cultivation, to the
extent permitted by state law, and the like in order to protect public health, safety, and welfare;
and to avoid adverse secondary impacts that are derived by the operation of said facilities.
SECTION 9428.04. MEDICAL MARIJUANA DISPENSARY COMMERCIAL CANNABIS
ACTIVITY PROHIBITED.
It is unlawful for any person or entity to own, manage, conduct, or operate any medical
commercial cannabis establishment or activity marijuana dispensary or to participate as an
employee, contractor, agent or volunteer, primary caregiver, qualified patient, or in any other
manner or capacity, in any medical marijuana dispensary in the City of Downey.
SECTION 9428.06. MOBILE MEDICAL MARIJUANA DISPENSARY
PROHIBITED.COMMERCIAL CANNABIS ESTABLISHMENT PROHIBITED
It is unlawful for any person or entity to own, manage, conduct, or operate or to assist in the
operation of any commercial cannabis establishment mobile marijuana dispensary or mobile
dispensary within the City of Downey.
SECTION 9428.08. MEDICAL MARIJUANA DELIVERY PROHIBITED.
(a) No person shall Delivery of any medical marijuana, medical marijuana products, non-
medical marijuana, and non-medical marijuana products, including, but not limited to to any
location within the City from a mobile medical marijuana dispensary or mobile dispensary,
regardless of where the mobile medical marijuana dispensary is located or headquartered or
engaged in any operation for this purpose.
(b) No person shall deliver any marijuana-infused product such as tinctures, baked goods or
other consumable products from and/or to any location within the City is prohibited. from a
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mobile medical marijuana dispensary or mobile dispensary, regardless of where the mobile
medical marijuana dispensary is located, headquartered or engaged in any operation for this
purpose.
3. PROHIBITION OF MARIJUANA CULTIVATION: The following provision is amended to
ban outdoor cultivation of both medical and non-medical marijuana:
SECTION 9428.10. MEDICAL MARIJUANA CULTIVATION PROHIBITED.
Unless authorized pursuant to section 9428.12 of this code, it is unlawful for any person or entity
to cultivate medical and/or non-medical marijuana for any purpose within or to own, manage,
conduct, operate, or participate as an employee, contractor, agent or volunteer, or in any other
manner or capacity, in any medical marijuana operations in the City of Downey.
SECTION 9428.12. MEDICAL MARIJUANA MANUFACTURING AND TESTING PROHIBITED
It is unlawful for any person or entity to own, manage, conduct, or operate any medical
marijuana manufacturing or testing facility; or to participate as an employee, contractor, agent or
volunteer, or in any other manner or capacity, in any medical marijuana manufacturing or testing
facility in the City of Downey. (Added by Ord. 1350, adopted 1-26-16)
4. REGULATION OF INDOOR MARIJUANA CULTIVATION: The following provisions are
added to the Downey Zoning Code to regulate indoor cultivation of marijuana for personal
consumption:
SECTION 9428.12. INDOOR MARIJUANA CULTIVATION FOR PERSONAL CONSUMPTION
Cultivation of marijuana indoors for personal consumption shall be permitted within a fully
enclosed and secure structure by persons 21 years of age or older, which shall conform to the
following minimum standards:
(a) Cultivation shall only be conducted within a fully enclosed and secure structure, and all
areas used for cultivation shall comply with all applicable Zoning, Building, and Fire Codes
adopted by the City of Downey, including obtaining all required permits, inspections, and
approvals;
(b) Cultivation shall be limited to up to six living marijuana plants:
i) For properties with a single-family or duplex residential dwelling unit(s), the cultivation
of marijuana may be located within a fully enclosed and secure structure. An accessory
structure to be used for marijuana cultivation shall not be located within any front yard or
street side yard;
ii) For all other residentially developed properties, cultivation of marijuana may only be
located within a fully enclosed and secure structure within a residential dwelling unit;
iii) For Accessory Dwelling Units, cultivation of marijuana is prohibited.
(c) Marijuana plants shall be cultivated by a person or primary caregiver exclusively for
personal use only and shall not be donated, sold, distributed, transported, or given to any
other person or entity.
(d) The person or primary caregiver cultivating the marijuana shall reside full-time in the
dwelling unit where the marijuana cultivation occurs.
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(e) Indoor lights required for marijuana cultivation in any structure shall not exceed an
aggregate of one thousand two hundred watts and shall comply with all applicable building
code regulations.
(f) Gas products (including, without limitation, C02, butane, propane, and natural gas) or
generators shall not be used for the cultivation of marijuana.
(g) Any residential structure used for the cultivation of marijuana must have a ventilation
and filtration system installed that shall prevent marijuana plant odors from exiting the
interior of the unit or structure and that shall comply with all applicable building code
regulations, including obtaining all required permits, inspections and approvals. The
ventilation and filtration system must be approved by the city and installed prior to
commencing cultivation within the fully-enclosed and secure structure.
(h) Marijuana cultivation occurring within a fully enclosed and secure structure shall be in a
cumulative area totaling no larger than fifty square feet.
(i) The residential structure shall remain at all times a residence, with legal and functioning
cooking, sleeping, and sanitation facilities with proper ingress and egress. These rooms
shall not be used for marijuana cultivation where such cultivation will prevent their primary
use for cooking of meals, sleeping, and bathing.
(j) The garage of a residential structure shall not be used for marijuana cultivation and shall
remain free and clear of marijuana cultivation equipment or living marijuana plants.
(k) Marijuana cultivation areas shall have adequate mechanical locking or electronic
security systems installed prior to cultivation, and said areas shall remain secure at all times
and not be accessible to persons under 21 years of age.
(l) A portable fire extinguisher, which complies with the regulations and standards adopted
by the state fire marshal and applicable law, shall be kept in the same room as where the
cultivation occurs.
(m) No exterior evidence of marijuana cultivation occurring at the property shall be visible
from public view.
DEVELOPMENT REVIEW COMMITTEE (DRC)
The City’s Development Review Committee reviewed the proposed ordinance on August 24,
2017. All departments were satisfied with the proposed language, including the fact that permits
and inspections would be required for any improvements made to the home or greenhouse.
The importance of requiring ventilation and filtration systems was discussed. A discussion also
ensued regarding requiring registration and annual inspections of personal cultivation. It was
determined that registration and annual inspections are not necessary, but rather Staff would
respond to complaints as they arise.
ENVIRONMENTAL ANALYSIS
Staff has reviewed the proposed Zone Text Amendment for compliance with the California
Environmental Quality Act (CEQA). Upon completion of this review, staff has been determined
that the proposed zone text amendment is not subject to CEQA pursuant to Sections
15060(c)(2) of the State CEQA Guidelines, because it will not result in a direct or reasonably
foreseeable indirect physical change in the environment.
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FINDINGS
Pursuant to Municipal Code Section 9832.06, there are two (2) findings that must be adopted
prior to the City approving the Zone Text Amendment. A discussion of the findings follows:
A. The requested amendment is necessary and desirable for the development of the
community and is in the interests or furtherance of the public health, safety, and
general welfare.
The adoption and implementation of the proposed Zone Text Amendment will prohibit
commercial cannabis establishments and activities, which include, but are not limited to
deliveries, manufacturing, cultivation, processing, storing, laboratory testing, labeling,
distribution, and sale of non-medical cannabis products and medical cannabis products,
within the City of Downey, due to adverse secondary impacts that directly and indirectly
result from the operations of the commercial cannabis establishments. In 2009, the
California Police Chiefs Association released a whitepaper on medical marijuana
dispensaries, which among other things provides an in depth analysis of adverse
secondary impacts that directly and indirectly result from the operations of the
dispensaries. These impacts include, but are not necessarily limited to, homicide,
robbery, burglary, organized criminal activity, weapon violations, and money laundering.
This increase in crime presents a hazard to the public health, safety, and welfare,
particularly in view of the fact that members of the public may be victims of said crimes.
In addition, responding to and investigating these types of crime would further strain
overburdened City of Downey Police resources. Considering the adverse secondary
impacts, the proposed code amendment will serve to protect the public health, safety,
and welfare since it will prohibit the operation of commercial marijuana establishments
and activities. Furthermore, the Adult Use of Marijuana Act (Proposition 64) allows cities
to reasonably regulate personal indoor cultivation by adding specific regulations for
indoor cultivation of marijuana in order to ensure the proper regulation and monitoring of
these activities and to minimize adverse health and safety impacts and threats to loss of
property and life as a direct result of these activities. The Downey Police Department
has reviewed the proposed ordinance and has expressed similar concerns to those
found in the 2009 California Police Chief’s Association whitepaper. Prohibiting
commercial cannabis activities and establishments, as well as limiting personal
cultivation to a fully enclosed and secure structure would limit threats to health and
safety, and threats to loss of property.
B. The proposed amendment is in general conformance with the General Plan.
On January 25, 2005, the City of Downey adopted Vision 2025, a Comprehensive
update to the General Plan. This update included adopting several polices to guide
development in the City. The proposed ordinance will prohibit the operation of
commercial cannabis establishments within the City. This amendment is consistent with
General Plan Policy 1.3.1, which states, “Minimize or eliminate conflicts where
incompatible land uses are in proximity to each other.” As noted in the previous finding,
there is evidence that shows that allowing the operation of commercial cannabis
establishments and activities results in adverse secondary impacts to surrounding
properties. By prohibiting the operation of these establishments, the City will eliminate a
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potential conflict between the commercial cannabis establishments and activities and
existing land uses. In addition, reasonable regulations on indoor marijuana cultivation for
personal consumption, such as limits on standards for indoor grow operations, the use of
gas products, required ventilation and filtration systems to eliminate odors exiting the
subject site, will comply with Policy 1.4.2--Program 1.4.2.1, which discourages
residential construction that is not in harmony with the surrounding neighborhood,
thereby being in compliance with the aforementioned General Plan Policies.
Furthermore, the prohibition of outdoor marijuana cultivation encourages Goal 5.4 of the
General Plan, which “promotes the protection of life and property from criminal
activities”, by requiring that marijuana cultivation take place indoors, within a fully
enclosed and secure structure, thus mitigating the potential impacts associated with
increase of trespassing and theft of property.
CORRESPONDENCE
As of the date that this report was printed, staff has not received any correspondence regarding
this application.
CONCLUSION
Based on the analysis contained within this report, staff is concluding that the proposed Zone
Text Amendment (PLN-17-00102) will serve to continue to protect the health, safety, and
welfare of the community by advoiding adverse secondary impacts created from the operation
of commercial cannabis establishments and activities. In addition, reasonable regulations on
indoor marijuana cultivation for personal consumption will ensure the proper regulation and
monitoring of these activities and minimize adverse health and safety impacts and threats to
loss of property and life as a direct result of these activities. Furthermore, staff is concluding that
both findings required to approve the amendment can be made in a positive manner. As such,
staff is recommending that the Planning Commission recommend to the City Council that they
approve the Zone Text Amendment (PLN-17-00102), thereby amending the Zoning Code with
regards to commercial cannabis establishments and activities, and reasonable regulations of
indoor marijuana cultivation for personal consumption.
EXHIBITS
A. Proposed Planning Commission Resolution
B. Draft Ordinance
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RESOLUTION NO. _______
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY RECOMMENDING THAT THE CITY COUNCIL APPROVE THE A
ZONE TEXT AMENDMENT (PLN-17-00102), THEREBY AMENDING VARIOUS
SECTIONS OF ARTICLE IX OF THE MUNICIPAL CODE REGARDING
PERSONAL CULTIVATION AND COMMERCIAL ACTIVITIES OF MARIJUANA
THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS:
SECTION 1. The Planning Commission of the City of Downey does hereby find,
determine and declare that:
A. According to the Federal Controlled Substances Act (21 USC Chapter 13), marijuana
is classified as a Schedule I drug. This classification of drugs are substances that
high potential for abuse, no current accepted medical use in treatment in the United
States, and lack of accepted safety for use of the drug substance under medical
supervision (21 USC § 812). Accordingly, the growth, cultivation, use, or possession
of marijuana is a violation of Federal law; and,
B. The legal use of medical marijuana was established in the State of California in 1996
with voter approval of the Compassionate Use Act of 1996 (Proposition 215). Since
approval of Proposition 215, the California Legislature has enacted several other
pieces of legislation that expand and clarify the medical marijuana program in
California; and,
C. In 2009, the California Police Chiefs Association issued a whitepaper (hereinafter
referred to as “CPCA whitepaper”) on marijuana dispensaries. The CPCA whitepaper
provides extensive research detailing negative secondary impacts that result from
the operation of marijuana dispensaries, including, but not limited to:
1. An increase in crime against the dispensary and the community at large,
including takeover robberies of dispensaries, home-invasion robberies, armed
robberies of patrons, burglaries of dispensaries and homes, and homicides
committed during the commission of the aforementioned crimes,
2. Links to organized criminal activity, money laundering, and firearm violations;
such as, in 2007, the City of San Diego and Federal authorities raided several
dispensaries, during which several weapons were recovered; or in the San
Francisco/Oakland area, where federal authorities seized over 9,000 marijuana
plants and several weapons during a raid, in which it was determined that the
illegal multi-million dollar operation was being run by an organized gang; and
D. On November, 8, 2016, California voters approved Proposition 64 (Control,
Regulation, and Tax Adult Use of Marijuana Act) (AUMA), which among other things,
decriminalized certain forms of non-medical marijuana-related activities under state
law. The AUMA expressly allows local jurisdictions to prohibit outdoor cultivation of
marijuana for personal use, regulate indoor cultivation of marijuana for personal use,
and to prohibit all non-medical and recreational marijuana businesses from locating
and operating within their jurisdictions. The AUMA has two primary components as
follows:
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Resolution No. ____________
Downey Planning Commission
Zone Text Amendment (Marijuana) - PLN-17-00102
September 6, 2017 - Page 2
1. A right to non-medical/recreational marijuana use, possession, and cultivation;
2. A state licensing and taxing scheme for non-medical/recreational marijuana
businesses similar to those licensed by the state under the Medical Marijuana
Regulation and Safety Act (MMRSA).
E. On August 24, 2017, notice of the pending zone text amendment was published in
the Downey Patriot as a 1/8th page ad in accordance with the requirements of the
Downey Municipal Code; and,
F. The Planning Commission held a duly noticed public hearing on September 6, 2017,
and after fully considering all oral and written testimony and facts and opinions
offered at the aforesaid public hearing, adopted this resolution.
SECTION 2. The Planning Commission further finds, determines and declares the
requested Zone Text Amendment is not subject to CEQA pursuant to Sections 15060(c)(2) of
the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable
indirect physical change in the environment.
SECTION 3. Having considered all of the oral and written evidence presented to it at
said public hearing, the Planning Commission further finds, determines and declares that:
1. The adoption and implementation of the proposed Zone Text Amendment will
prohibit commercial cannabis establishments and activities, which include, but are
not limited to deliveries, manufacturing, cultivation, processing, storing, laboratory
testing, labeling, distribution, and sale of non-medical cannabis products and medical
cannabis products, within the City of Downey, due to adverse secondary impacts that
directly and indirectly result from the operations of the commercial cannabis
establishments. In 2009, the California Police Chiefs Association released a
whitepaper on medical marijuana dispensaries, which among other things provides
an in depth analysis of adverse secondary impacts that directly and indirectly result
from the operations of dispensaries. These impacts include, but are not necessarily
limited to, homicide, robbery, burglary, organized criminal activity, weapon violations,
and money laundering. This increase in crime presents a hazard to the public
health, safety, and welfare, particularly in view of the fact that members of the public
may be victims of said crimes. In addition, responding to and investigating these
types of crime would further strain overburdened City of Downey Police resources.
Considering the adverse secondary impacts, the proposed code amendment will
serve to protect the public health, safety, and welfare since it will prohibit the
operation of commercial marijuana establishments and activities. Furthermore, the
Adult Use of Marijuana Act (Proposition 64) allows cities to reasonably regulate
personal indoor cultivation by adding specific regulations for indoor cultivation of
marijuana in order to ensure the proper regulation and monitoring of these activities
and to minimize adverse health and safety impacts and threats to loss of property
and life as a direct result of these activities. The Downey Police Department has
reviewed the proposed ordinance and has expressed similar concerns to those found
in the 2009 California Police Chief’s Association whitepaper. Prohibiting commercial
cannabis activities and establishments, as well as limiting personal cultivation to a
fully enclosed and secure structure would limit threats to health and safety, and
threats to loss of property.
PC Agenda Page 11
Resolution No. ____________
Downey Planning Commission
Zone Text Amendment (Marijuana) - PLN-17-00102
September 6, 2017 - Page 3
2. On January 25, 2005, the City of Downey adopted Vision 2025, a Comprehensive
update to the General Plan. This update included adopting several polices to guide
development in the City. The proposed ordinance will prohibit the operation of
commercial cannabis establishments within the City. This amendment is consistent
with General Plan Policy 1.3.1, which states, “Minimize or eliminate conflicts where
incompatible land uses are in proximity to each other.” As noted in the previous
finding, there is evidence that shows that allowing the operation of commercial
cannabis establishments and activities results in adverse secondary impacts to
surrounding properties. By prohibiting the operation of these establishments, the
City will eliminate a potential conflict between the commercial cannabis
establishments and activities and existing land uses. In addition, reasonable
regulations on indoor marijuana cultivation for personal consumption, such as limits
on standards for indoor grow operations, the use of gas products, required ventilation
and filtration systems to eliminate odors exiting the subject site, will comply with
Policy 1.4.2--Program 1.4.2.1, which discourages residential construction that is not
in harmony with the surrounding neighborhood, thereby being in compliance with the
aforementioned General Plan Policies. Furthermore, the prohibition of outdoor
marijuana cultivation encourages Goal 5.4 of the General Plan, which “promotes the
protection of life and property from criminal activities”, by requiring that marijuana
cultivation take place indoors, within a fully enclosed and secure structure, thus
mitigating the potential impacts associated with increase of trespassing and theft of
property.
SECTION 4. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby recommends that the City
Council add the following definitions to Section 9126 of Article IX of the Downey Municipal Code
to read as follows:
Commercial Cannabis Activity: The cultivation, possession, manufacture, processing,
storing, laboratory testing, labeling, transporting, distribution, or sale of marijuana and
marijuana products, including medical and non-medical marijuana, non-medical
cannabis products and medical cannabis products within the meaning of California
Business and Professions Code Section 19300 et seq.
Commercial Cannabis Establishment: Any facility or location where commercial
cannabis activity is conducted, where non-medical marijuana, non-medical marijuana
products, medical marijuana, and medical marijuana products are made available, sold
and/or distributed.
SECTION 5. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby recommends that the City
Council add the following definition to Section 9132 of Article IX of the Downey Municipal Code
to read as follows:
Fully Enclosed and Secure Structure: A Building, Fire, and Zoning Code compliant
space within a building, a 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 locking doors.
PC Agenda Page 12
Resolution No. ____________
Downey Planning Commission
Zone Text Amendment (Marijuana) - PLN-17-00102
September 6, 2017 - Page 4
SECTION 6. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby recommends that the City
Council add the following definitions to Section 9146 of Article IX of the Downey Municipal Code
to read as follows:
Marijuana: Shall have the same definition as that set forth in California Health and
Safety Code Section 11018.
Marijuana Accessories: Any equipment, products or materials of any kind which are
used, intended for use, or designed for use in planting, propagating, cultivating, growing,
harvesting, manufacturing, compounding, converting, producing, processing, preparing,
testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing
marijuana, or for ingesting, inhaling, or otherwise introducing marijuana or marijuana
products into the human body.
Marijuana Distribution: The procurement, sale, and transport of marijuana and
marijuana products between entities licensed by the State of California.
Marijuana Operation: Any effort to locate, operate, own, lease, supply, allow to be
operated, or aid, abet or assist in the operation of commercial cannabis activity.
SECTION 7. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby recommends that the City
Council amend the following definitions in Section 9146 of Article IX of the Downey Municipal
Code to read as follows:
Marijuana, Medical: Marijuana used for medical purposes where that medical use is
deemed appropriate and has been recommended by a physician who has determined
that the person’s health would benefit from the use of marijuana in the treatment of
cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any
other serious medical condition for which marijuana is deemed to provide relief as
defined in subsection (h) of Health and Safety Code Section 11362.7. “Medical
marijuana” shall also include any edible or other products that contain marijuana,
including, but not limited to, concentrates or extractions.
Marijuana Cultivation: The planting, growing, harvesting, drying or processing of
marijuana plants or any part thereof for any purpose, including medical marijuana and
non-medical recreational marijuana, and shall include both indoor and outdoor
cultivation.
Marijuana Delivery: The commercial transfer of marijuana or marijuana products,
medical marijuana or medical marijuana products from a dispensary or commercial
cannabis establishment to a primary caregiver or qualified patient as defined in Section
11362.7 of the Health and Safety Code. This shall also include the use by a dispensary
and/or commercial cannabis establishment, or other party, any technological platform
that enables patients or primary caregivers to arrange for or facilitate the commercial
transfer by marijuana or marijuana products, medical marijuana or medical marijuana
products.
Marijuana Manufacturing: The production, preparation, propagation, or compounding
of marijuana, and/or medical marijuana, including, but not limited to, edibles or other
PC Agenda Page 13
Resolution No. ____________
Downey Planning Commission
Zone Text Amendment (Marijuana) - PLN-17-00102
September 6, 2017 - Page 5
products, directly or indirectly, by extraction methods, independently by means of
chemical synthesis, or by a combination of extraction and chemical synthesis.
Marijuana Testing Laboratory: Any facility, entity or site that offers or performs test of
marijuana or marijuana products, medical marijuana or medical marijuana products,
including the equipment provided by such laboratory, facility, or entity, and that is both of
following:
(a) Accredited by an accrediting body that is independent from all other persons
involved in commercial or medical marijuana activity in the state;
(b) Registered with the Department of Public Health.
SECTION 8. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby recommends that the City
Council delete Section 9428 of Article IX of the Downey Municipal Code in its entirety and
replaced with a new Section 9428 of Article IX of the Downey Municipal Code, and shall read as
follows:
SECTION 9428. MARIJUANA REGULATIONS
SECTION 9428.02. INTENT AND PURPOSE.
It is the intent of these regulations to prohibit medical marijuana and non-medical commercial
cannabis activity, including deliveries, manufacturing, cultivation, possession, processing,
storing, laboratory testing, labeling, distribution, and sale of non-medical cannabis products and
medical cannabis products within the meaning of the California Business and Professions Code
Section 19300 et seq, and to prohibit personal outdoor cultivation, to the extent permitted by
state law in order to protect public health, safety, and welfare; and to avoid adverse secondary
impacts that are derived by the operation of said facilities.
SECTION 9428.04. COMMERCIAL CANNABIS ACTIVITY PROHIBITED.
It is unlawful for any person or entity to own, manage, conduct, or operate any commercial
cannabis establishment or activity or to participate as an employee, contractor, agent or
volunteer, primary caregiver, qualified patient, or in any other manner or capacity, in the City of
Downey.
SECTION 9428.06. COMMERCIAL CANNABIS ESTABLISHMENT PROHIBITED
It is unlawful for any person or entity to own, manage, conduct, or operate or to assist in the
operation of any commercial cannabis establishment within the City of Downey.
SECTION 9428.08. MARIJUANA DELIVERY PROHIBITED.
Delivery of any medical marijuana, medical marijuana products, non-medical marijuana, and
non-medical marijuana products, including, but not limited to any marijuana-infused product
such as tinctures, baked goods or other consumable products from and/or to any location within
the City is prohibited.
SECTION 9428.10. MARIJUANA CULTIVATION PROHIBITED.
Unless authorized pursuant to section 9428.12 of this code, it is unlawful for any person or entity
to cultivate medical and/or non-medical marijuana for any purpose within the City of Downey.
PC Agenda Page 14
Resolution No. ____________
Downey Planning Commission
Zone Text Amendment (Marijuana) - PLN-17-00102
September 6, 2017 - Page 6
SECTION 9428.12. INDOOR MARIJUANA CULTIVATION FOR PERSONAL CONSUMPTION
Cultivation of marijuana indoors for personal consumption shall be permitted within a fully
enclosed and secure structure by persons 21 years of age or older, which shall conform to the
following minimum standards:
(a) Cultivation shall only be conducted within a fully enclosed and secure structure, and all
areas used for cultivation shall comply with all applicable Zoning, Building, and Fire Codes
adopted by the City of Downey, including obtaining all required permits, inspections and
approvals;
(b) Cultivation shall be limited to up to six living marijuana plants:
i) For properties with a single-family or duplex residential dwelling unit(s), the cultivation
of marijuana may be located within a fully enclosed and secure structure. An accessory
structure to be used for marijuana cultivation shall not be located within any front yard or
street side yard;
ii) For all other residentially developed properties, cultivation of marijuana may only be
located within a fully enclosed and secure structure within a residential dwelling unit;
iii) For Accessory Dwelling Units, cultivation of marijuana is prohibited.
(c) Marijuana plants shall be cultivated by a person or primary caregiver exclusively for
personal use only and shall not be donated, sold, distributed, transported, or given to any
other person or entity.
(d) The person or primary caregiver cultivating the marijuana shall reside full-time in the unit
where the marijuana cultivation occurs.
(e) Indoor lights required for marijuana cultivation in any structure shall not exceed an
aggregate of one thousand two hundred watts and shall comply with all applicable building
code regulations.
(f) Gas products (including, without limitation, C02, butane, propane, and natural gas) or
generators shall not be used for the cultivation of marijuana.
(g) Any residential structure used for the cultivation of marijuana must have a ventilation
and filtration system installed that shall prevent marijuana plant odors from exiting the
interior of the unit or structure and that shall comply with all applicable building code
regulations, including obtaining all required permits, inspections and approvals. The
ventilation and filtration system must be approved by the city and installed prior to
commencing cultivation within the fully-enclosed and secure structure.
(h) Marijuana cultivation occurring within a fully enclosed and secure structure shall be in a
cumulative area totaling no larger than fifty square feet.
(i) The residential structure shall remain at all times a residence, with legal and functioning
cooking, sleeping, and sanitation facilities with proper ingress and egress. These rooms
shall not be used for marijuana cultivation where such cultivation will prevent their primary
use for cooking of meals, sleeping, and bathing.
(j) The garage of a residential structure shall not be used for marijuana cultivation and shall
remain free and clear of marijuana cultivation equipment or living marijuana plants.
(k) Marijuana cultivation areas shall have adequate mechanical locking or electronic
security systems installed prior to cultivation, and said areas shall remain secure at all times
and not be accessible to persons under 21 years of age.
PC Agenda Page 15
Resolution No. ____________
Downey Planning Commission
Zone Text Amendment (Marijuana) - PLN-17-00102
September 6, 2017 - Page 7
(l) A portable fire extinguisher, which complies with the regulations and standards adopted
by the state fire marshal and applicable law, shall be kept in the same room as where the
cultivation occurs.
(m) No exterior evidence of marijuana cultivation occurring at the property shall be visible
from public view.
SECTION 9. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 6TH day of September, 2017.
Jim Rodriguez, Chairman
City Planning Commission
I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning
Commission of the City of Downey at a regular meeting thereof, held on the 6th day of
September, 2017, by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
Mary Cavanagh, Secretary
City Planning Commission
PC Agenda Page 16
DRAFT ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING
VARIOUS ARTICLE IX OF THE MUNICIPAL CODE REGARDING PERSONAL
CULTIVATION AND COMMERCIAL ACTIVITIES OF MARIJUANA
WHEREAS, the legal use of medical marijuana was established in the State of California
in 1996 with voter approval of the Compassionate Use Act of 1996 (Proposition 215). Since
approval of Proposition 215, the California Legislature has enacted several other pieces of
legislation that expand and clarify the medical marijuana program in California; and,
WHEREAS, in 2009, the California Police Chiefs Association released a whitepaper on
medical marijuana dispensaries, which among other things provides an in depth analysis of
adverse secondary impacts that directly and indirectly result from the operations of the
dispensaries. These impacts include, but are not necessarily limited to, homicide, robbery,
burglary, organized criminal activity, weapon violations, and money laundering. This increase in
crime presents a hazard to the public health, safety, and welfare, particularly in view of the fact
that members of the public may be victims of said crimes.
WHEREAS, On November, 8, 2016, California voters voted to approve Proposition 64
(Control, Regulation, and Tax Adult Use of Marijuana Act), which among other things,
decriminalized certain forms of non-medical marijuana related activities under state law. Those
same activities remain illegal under federal law; and
WHEREAS, On July 25, 2017, the City Council, initiated a Zone Text Amendment and
directed staff to prohibit all commercial recreational marijuana activity, and to create provisions
to “reasonably” regulate indoor personal cultivation of marijuana. “Reasonable” regulations may
include a permitting scheme that requires each cultivator to obtain City permits prior to
commencing cultivation.
WHEREAS, On September 6, 2017, the Planning Commission held a duly noticed public
hearing, and after fully considering all oral and written testimony, and facts and opinions offered
at the aforesaid public hearing, adopted Resolution No. _____ recommending approval of the
proposed Zone Text Amendment to the City Council.
WHEREAS, the proposed ordinance is consistent with General Plan Policy 1.3.1, which
states “Minimize or eliminate conflicts where incompatible land uses are in proximity to each
other”, as there is evidence that shows that allowing the operation of commercial cannabis
establishments and activities results in adverse secondary impacts to surrounding properties.
WHEREAS, reasonable regulations on indoor marijuana cultivation for personal
consumption, such as limits on standards for indoor grow operations, the use of gas products,
required ventilation and filtration systems to eliminate odors exiting the subject site, will comply
with Policy 1.4.2--Program 1.4.2.1, which discourages residential construction that is not in
harmony with the surrounding neighborhood, thereby being in compliance with the
aforementioned General Plan Policies.
WHEREAS, the City Council finds, determines and declares that the requested Zone
Text Amendment is not subject to CEQA, pursuant to Guideline Section No.15060(c)(2) of the
State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect
physical change in the environment; and,
PC Agenda Page 17
ORDINANCE NO. 17-_____
PAGE 2
WHEREAS, having considered all of the oral and written evidence presented to it at said
public hearing, the City Council further finds, determines and declares that:
1. The adoption and implementation of the proposed Zone Text Amendment will
prohibit commercial cannabis establishments and activities, which include, but are
not limited to deliveries, manufacturing, cultivation, processing, storing, laboratory
testing, labeling, distribution, and sale of non-medical cannabis products and medical
cannabis products, within the City of Downey, due to adverse secondary impacts that
directly and indirectly result from the operations of the commercial cannabis
establishments. . In 2009, the California Police Chiefs Association released a
whitepaper on medical marijuana dispensaries, which among other things provides
an in depth analysis of adverse secondary impacts that directly and indirectly result
from the operations of dispensaries. These impacts include, but are not necessarily
limited to, homicide, robbery, burglary, organized criminal activity, weapon violations,
and money laundering. This increase in crime presents a hazard to the public
health, safety, and welfare, particularly in view of the fact that members of the public
may be victims of said crimes. In addition, responding to and investigating these
types of crime would further strain overburdened City of Downey Police resources.
Considering the adverse secondary impacts, the proposed code amendment will
serve to protect the public health, safety, and welfare since it will prohibit the
operation of commercial marijuana establishments and activities. Furthermore, the
Adult Use of Marijuana Act (Proposition 64) allows cities to reasonably regulate
personal indoor cultivation by adding specific regulations for indoor cultivation of
marijuana in order to ensure the proper regulation and monitoring of these activities
and to minimize adverse health and safety impacts and threats to loss of property
and life as a direct result of these activities. The Downey Police Department has
reviewed the proposed ordinance and has expressed similar concerns to those found
in the 2009 California Police Chief’s Association whitepaper. Prohibiting commercial
cannabis activities and establishments, as well as limiting personal cultivation to a
fully enclosed and secure structure would limit threats to health and safety, and
threats to loss of property.
2. On January 25, 2005, the City of Downey adopted Vision 2025, a Comprehensive
update to the General Plan. This update included adopting several polices to guide
development in the City. The proposed code amendment will prohibit the operation of
commercial cannabis establishments within the City. This amendment is consistent
with General Plan Policy 1.3.1, which states, “Minimize or eliminate conflicts where
incompatible land uses are in proximity to each other.” As noted in the previous
finding, there is evidence that shows that allowing the operation of commercial
cannabis establishments and activities results in adverse secondary impacts to
surrounding properties. By prohibiting the operation of these establishments, the City
will eliminate a potential conflict between the commercial cannabis establishments
and activities and existing land uses. In addition, , reasonable regulations on indoor
marijuana cultivation for personal consumption, such as limits on the minimum
standards for indoor grow operations, the use of gas products, required ventilation
and filtration systems to eliminate odors exiting the subject site, will comply with
Policy 1.4.2--Program 1.4.2.1, which discourages residential construction that is not
in harmony with the surrounding neighborhood, thereby being in compliance with the
aforementioned General Plan Policies. Furthermore, the prohibition of outdoor
marijuana cultivation encourages Goal 5.4 of the General Plan, which “promotes the
PC Agenda Page 18
ORDINANCE NO. 17-_____
PAGE 3
protection of life and property from criminal activities”, by requiring that marijuana
cultivation take place indoors, within a fully enclosed and secure structure, thus
mitigating the potential impacts associated with increase of trespassing and theft of
property.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
ORDAIN AS FOLLOWS:
SECTION 1. The following definitions are hereby added to Section 9126 of Article IX of
the Downey Municipal Code, and shall read as follow:
Commercial Cannabis Activity: The cultivation, possession, manufacture, processing,
storing, laboratory testing, labeling, transporting, distribution, or sale of marijuana and
marijuana products, including medical and non-medical marijuana, non-medical
cannabis products and medical cannabis products within the meaning of California
Business and Professions Code Section 19300 et seq.
Commercial Cannabis Establishment: Any facility or location where commercial
cannabis activity is conducted, where non-medical marijuana, non-medical marijuana
products, medical marijuana, medical marijuana products are made available, sold
and/or distributed.
SECTION 2. The following definition is hereby added to Section 9132 of Article IX of the
Downey Municipal Code and shall read as follows:
Fully Enclosed and Secure Structure: A Building, Fire, and Zoning Code compliant
space within a building, a 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 locking doors.
SECTION 3. The following definitions are hereby added to Section 9146 of Article IX of
the Downey Municipal Code and shall read as follow:
Marijuana: Shall have the same definition as that set forth in California Health and
Safety Code Section 11018.
Marijuana Accessories: Any equipment, products or materials of any kind which are
used, intended for use, or designed for use in planting, propagating, cultivating, growing,
harvesting, manufacturing, compounding, converting, producing, processing, preparing,
testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing
marijuana, or for ingesting, inhaling, or otherwise introducing marijuana or marijuana
products into the human body.
Marijuana Distribution: The procurement, sale, and transport of marijuana and
marijuana products between entities licensed by the State of California.
Marijuana Operation: Any effort to locate, operate, own, lease, supply, allow to be
operated, or aid, abet or assist in the operation of commercial cannabis activity.
PC Agenda Page 19
ORDINANCE NO. 17-_____
PAGE 4
SECTION 4. The following definitions are hereby amended in Section 9146 of Article IX
of the Downey Municipal Code and shall read as follow:
Marijuana, Medical: Marijuana used for medical purposes where that medical use is
deemed appropriate and has been recommended by a physician who has determined
that the person’s health would benefit from the use of marijuana in the treatment of
cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any
other serious medical condition for which marijuana is deemed to provide relief as
defined in subsection (h) of Health and Safety Code Section 11362.7. “Medical
marijuana” shall also include any edible or other products that contain marijuana,
including, but not limited to, concentrates or extractions.
Marijuana Cultivation: The planting, growing, harvesting, drying or processing of
marijuana plants or any part thereof for any purpose, including medical marijuana and
non-medical recreational marijuana, and shall include both indoor and outdoor
cultivation.
Marijuana Delivery: The commercial transfer of marijuana or marijuana products,
medical marijuana or medical marijuana products from a dispensary or commercial
cannabis establishment to a primary caregiver or qualified patient as defined in Section
11362.7 of the Health and Safety Code. This shall also include the use by a dispensary,
and/or commercial cannabis establishment or other party, any technological platform
that enables patients or primary caregivers to arrange for or facilitate the commercial
transfer by marijuana or marijuana products, medical marijuana or medical marijuana
products.
Marijuana Manufacturing: The production, preparation, propagation, or compounding
of marijuana, and/or medical marijuana, including, but not limited to, edibles or other
products, directly or indirectly, by extraction methods, independently by means of
chemical synthesis, or by a combination of extraction and chemical synthesis.
Marijuana Testing Laboratory: Any facility, entity or site that offers or performs test of
marijuana or marijuana products, medical marijuana or medical marijuana products,
including the equipment provided by such laboratory, facility, or entity, and that is both if
following:
(a) Accredited by an accrediting body that is independent from all other persons
involved in commercial or medical marijuana activity in the state.
(b) Registered with the Department of Public Health.
SECTION 5. Section 9428 of Article IX of the Downey Municipal Code shall be deleted
in its entirety and replaced with a new Section 9428 of Article IX of the Downey Municipal Code,
and shall read as follows:
SECTION 9428. MARIJUANA REGULATIONS
SECTION 9428.02. INTENT AND PURPOSE.
It is the intent of these regulations to prohibit medical marijuana and non-medical
commercial cannabis activity, including deliveries, manufacturing, cultivation,
possession, processing, storing, laboratory testing, labeling, distribution, and sale of
non-medical cannabis products and medical cannabis products within the meaning of
PC Agenda Page 20
ORDINANCE NO. 17-_____
PAGE 5
the California Business and Professions Code Section 19300 et seq, and to prohibit
personal outdoor cultivation, to the extent permitted by state law in order to protect
public health, safety, and welfare; and to avoid adverse secondary impacts that are
derived by the operation of said facilities.
SECTION 9428.04. COMMERCIAL CANNABIS ACTIVITY PROHIBITED.
It is unlawful for any person or entity to own, manage, conduct, or operate any
commercial cannabis establishment or activity or to participate as an employee,
contractor, agent or volunteer, primary caregiver, qualified patient, or in any other
manner or capacity, in the City of Downey.
SECTION 9428.06. COMMERCIAL CANNABIS ESTABLISHMENT PROHIBITED
It is unlawful for any person or entity to own, manage, conduct, or operate or to assist in
the operation of any commercial cannabis establishment within the City of Downey.
SECTION 9428.08. MARIJUANA DELIVERY PROHIBITED.
Delivery of any medical marijuana, medical marijuana products, non-medical marijuana,
and non-medical marijuana products, including, but not limited to any marijuana-infused
product such as tinctures, baked goods or other consumable products from and/or to
any location within the City is prohibited.
SECTION 9428.10. MARIJUANA CULTIVATION PROHIBITED.
Unless authorized pursuant to section 9428.12 of this code, it is unlawful for any person
or entity to cultivate medical and/or non-medical marijuana for any purpose within the
City of Downey.
SECTION 9428.12. INDOOR MARIJUANA CULTIVATION FOR PERSONAL
CONSUMPTION
Cultivation of marijuana indoors for personal consumption shall be permitted within a
fully enclosed and secure structure by persons 21 years of age or older, which shall
conform to the following minimum standards:
(a) Cultivation shall only be conducted within a fully enclosed and secure structure, and
all areas used for cultivation shall comply with all applicable Zoning, Building, and Fire
Codes adopted by the City of Downey, including obtaining all required permits,
inspections and approvals;
(b) Cultivation shall be limited to up to six living marijuana plants:
i) For properties with a single-family or duplex residential dwelling unit(s), the
cultivation of marijuana may be located within the residential unit or a fully enclosed and
secure structure. An accessory structure to be used for marijuana cultivation shall not be
located within any front yard or street side yard;
ii) For all other residentially developed properties, cultivation of marijuana may
only be located within a fully enclosed and secure structure within a residential dwelling
unit;
iii) For Accessory Dwelling Units, cultivation of marijuana is prohibited.
(c) Marijuana plants shall be cultivated by a person or primary caregiver exclusively for
PC Agenda Page 21
ORDINANCE NO. 17-_____
PAGE 6
personal use only and shall not be donated, sold, distributed, transported, or given to
any other person or entity.
(d) The person or primary caregiver cultivating the marijuana shall reside full-time in the
unit where the marijuana cultivation occurs.
(e) Indoor lights required for marijuana cultivation in any structure shall not exceed an
aggregate of one thousand two hundred watts and shall comply with all applicable
building code regulations.
(f) Gas products (including, without limitation, C02, butane, propane, and natural gas) or
generators shall not be used for the cultivation of marijuana.
(g) Any residential structure used for the cultivation of marijuana must have a ventilation
and filtration system installed that shall prevent marijuana plant odors from exiting the
interior of the unit or structure and that shall comply with all applicable building code
regulations, including obtaining all required permits, inspections and approvals. The
ventilation and filtration system must be approved by the city and installed prior to
commencing cultivation within the fully-enclosed and secure structure.
(h) Marijuana cultivation occurring within a fully enclosed and secure structure shall be
in a cumulative area totaling no larger than fifty square feet.
(i) The residential structure shall remain at all times a residence, with legal and
functioning cooking, sleeping, and sanitation facilities with proper ingress and egress.
These rooms shall not be used for marijuana cultivation where such cultivation will
prevent their primary use for cooking of meals, sleeping, and bathing.
(j) The garage of a residential structure shall not be used for marijuana cultivation and
shall remain free and clear of marijuana cultivation equipment or living marijuana plants.
(k) Marijuana cultivation areas shall have adequate mechanical locking or electronic
security systems installed prior to cultivation, and said areas shall remain secure at all
times and not be accessible to persons under 21 years of age.
(l) A portable fire extinguisher, which complies with the regulations and standards
adopted by the state fire marshal and applicable law, shall be kept in the same room as
where the cultivation occurs.
(m) No exterior evidence of marijuana cultivation occurring at the property shall be
visible from public view.
SECTION 6. If any section, subsection, paragraph, sentence, clause or phrase of this
Ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise
invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.
The City Council declares that it would have adopted this Ordinance, and each section,
subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or
more sections, subsections, phrases, or portions be declared invalid or unconstitutional.
PC Agenda Page 22
ORDINANCE NO. 17-_____
PAGE 7
SECTION 7. The City Clerk shall certify the adoption of this Ordinance and cause the
same to be published in the manner prescribed by law.
APPROVED AND ADOPTED this ___ day of ________ 2017.
________________________
FERNANDO VASQUEZ, Mayor
ATTEST:
____________________________
Maria Alicia Duarte, CMC
Interim City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF DOWNEY )
I HEREBY CERTIFY that the foregoing Ordinance No. 17-___ was introduced at a
Regular Meeting of the City Council of the City of Downey held on the __th day of _____, 2017,
and adopted at a Regular Meeting of the City Council of the City of Downey held on the ___ day
of _____, 2017, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
I FURTHER CERTIFY that a summary of the foregoing Ordinance No. 17-___ was
published in the Downey Patriot, a newspaper of general circulation in the City of Downey, on
________ __, 2017 (after introduction), and on _______ __, 2017 (after adoption including the
vote thereon). It was also posted in the Regular posting places in the City of Downey on the
same dates.
___________________________________
Maria Alicia Duarte, CMC
Interim City Clerk
PC Agenda Page 23