HomeMy WebLinkAboutPC Resolution 17-3031RESOLUTION NO. 17-3031
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:
Resolution No. 17-3031
Downey Planning Commission
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'/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:
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.
Zone Text Amendment (Marijuana) - PLN -17-00102
September 6, 2017 - Page 2
Resolution No. 17-3031
Downey Planning Commission
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.
Zone Text Amendment (Marijuana) - PLN -17-00102
September 6, 2017 - Page 3
Resolution No. 17-3031
Downey Planning Commission
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
Zone Text Amendment (Marijuana) - PLN -17-00102
September 6, 2017 - Page 4
Resolution No. 17-3031
Downey Planning Commission
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.
Zone Text Amendment (Marijuana) - PLN -17-00102
September 6, 2017 - Page 5
Resolution No. 17-3031
Downey Planning Commission
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, CO2, 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.
Zone Text Amendment (Marijuana) - PLN -17-00102
September 6, 2017 - Page 6
Resolution No. 17-3031
Downey Planning Commission
(1) 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 6T" 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:
Rodriguez, Flores, Dominguez and Duarte
NOES:
COMMISSIONERS:
Owens
ABSENT:
COMMISSIONERS:
None
ABSTAIN:
COMMISSIONERS:
None
Mary Cavonagh, Secretar
City Planning Commission
Zone Text Amendment (Marijuana) - PLN -17-00102
September 6, 2017 - Page 7