2016-188 Marijuana Cultivation and Processing ORDINANCE No. 2016-188
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE,
CALIFORNIA, FINDING THAT THE MUNICIPAL CODE AMENDMENT IS
EXEMPT FROM ENVIRONMENTAL REVIEW AND IMPOSING AN EXPRESS
BAN ON MARIJUANA CULTIVATION AND PROCESSING BY AMENDING THE
MENIFEE MUNICIPAL CODE WITH THE ADOPTION OF CHAPTER 9.70
"MARIJUANA CULTIVATION AND PROCESSING"
WHEREAS, in 1996, the voters of the State of California adopted Proposition 215, the
Compassionate Use Act ("CUA") (Health & Safety Code Section 11362.5) which provides for the
medical use of marijuana; and
WHEREAS, in 2003 the State of California adopted SB 420, the Medical Marijuana
Program ("MMP"), codified at California Health and Safety Code Section 11362.7, which
established a voluntary system for qualified patients and their caregivers to obtain identification
cards to insulate them from arrest for violations of California law relating to medical marijuana
use, and the Attorney General issues guidelines as well regarding collectives and cooperatives;
and
WHEREAS, neither the CUA nor the MMP require or impose an affirmative duty or
mandate upon local government to allow, authorize, or sanction the establishment of facilities that
cultivate or process medical marijuana within its jurisdiction: and
WHEREAS, in May 2013, the California Supreme Court issued a decision in City of
Riverside v. Inland Empire Patients Health and Wellness Center, Inc., et al., holding that cities
have the authority to ban medical marijuana land uses; and
WHEREAS, under the Federal Controlled Substances Act, codified in 21 U.S.C. Section
801 et seq., the use, possession, and cultivation of marijuana are unlawful and subject to federal
prosecution without regard to a claimed medical need; and
WHEREAS, on October 9, 2015 the Governor signed into law the Medical Marijuana
Regulation and Safety Act("MMRSA") which consists of three bills—AB 643, AB 266 and SB 643.
WHEREAS, the MMRSA contains provisions that govern cultivating, processing,
transporting, testing and distributing medical cannabis to qualified patients. The MMRSA also
contains new statutory provisions that:
• Allow local governments to enact ordinances expressing their intent to prohibit
the cultivation of marijuana and their intent not to administer a conditional permit
program pursuant to Health & Safety Code Section 11362.777 for the cultivation
of marijuana(Health and Safety Code 11362.777(c)(4));
• Expressly provide that the MMRSA does not supersede or limit local authority of
local law enforcement activity, enforcement of local ordinances, or enforcement
of local permit or licensing requirements regarding marijuana (Business &
Professions Code section 19315(a));
• Expressly provide that the MMRSA does not limit the authority or remedies of a
local government under any provision of law regarding marijuana, including but
not limited to a local government's right to make and enforce within its limits all
Ordinance No. 2016-188
Medical Marijuana Cultivation
police regulations not in conflict with general laws (Business & Professions Code
19316(c));
WHEREAS, other cities in California have reported negative impacts of marijuana
cultivation and processing activities, including offensive odors, illegal sales and distribution of
marijuana, trespassing, theft, robberies and fire hazards; and
WHEREAS, marijuana plants as they begin to flower produce a strong odor for two months
or more which can be offensive to many people and detectable far beyond property boundaries if
grown outdoors; and
WHEREAS, the strong smell of marijuana can create an attractive nuisance, alerting
persons to the location of the valuable plants and creating a risk of burglary, robbery or armed
robbery; and
WHEREAS, the indoor cultivation of marijuana has potential adverse effects to the
structural integrity of the building due to excessive moisture and the growth of mold along with
the use of high wattage grow lights and excessive use of electricity increasing the risk of fire which
presents a clear and present danger to the building and its occupants; and
WHEREAS, based on the experiences of other cities , these negative effects on the public
health, safety, and welfare are likely to occur, and continue to occur in the City if marijuana
cultivation and processing activities are allowed to occur in any manner; and
WHEREAS, based on the findings above, the potential establishment of cultivation and
processing of marijuana in the City without an express ban on such activities poses a current and
immediate threat to the public health, safety, and welfare in the City due to the negative impacts
of such activities as described above; and
WHEREAS, the issuance or approval of business licenses, use permits, variances,
building permits or any other applicable entitlement for marijuana cultivation and processing will
result in the aforementioned threat to public health, safety, and welfare; and
WHEREAS, it is the purpose and intent of this Ordinance by prohibiting the cultivation and
processing of marijuana to promote public health, safety and welfare of the residents, business
owners and visitors within the City; and
WHEREAS, the failure to prohibit marijuana cultivation and processing will expose the City
to costs related to regulation, enforcement and the negative secondary effects associated with
marijuana cultivation and processing including an increase in crime; and
WHEREAS, on May 27, 2015, the Planning Commission held a duly noticed public hearing
on the recommended Notice of Exemption and proposed Code Amendment by way of DCA No.
2015-256; and
WHEREAS, on January 6, 2016, the City Council held a duly noticed public hearing on
the recommended Notice of Exemption and proposed Ordinance; and
WHEREAS, at the January 6, 2016 City Council public hearing, based upon the materials
in the staff report and accompanying documents, the Council considered the requirements of the
Ordinance No. 2016-188
Medical Marijuana Cultivation
California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.)
with regard to the possible impacts the Ordinance may have upon the environment; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES ORDAIN
AS FOLLOWS:
Section 1. The City Council hereby finds that the above recitals are true and correct
and incorporated herein.
Section 2. The City Council hereby finds that the proposed amendment to the Menifee
Municipal Code is consistent with the following Goals and Policies of the City's General Plan:
Land Use Element
Goal LU-1: Land uses and building types that result in a community where residents at all
stages of life, employers, workers, and visitors have a diversity of options of where they can live,
work, shop, and recreate within Menifee.
Policy LU-1.4: Preserve, protect, and enhance established rural, estate, and residential
neighborhoods by providing sensitive and well-designed transitions (building design, landscape,
etc.) between these neighborhoods and adjoining areas.
Policy LU-1.10: Buffer sensitive land uses, such as residences, schools, care facilities,
and recreation areas from major air pollutant emission sources, including freeways,
manufacturing, hazardous materials storage, and similar uses.
Housing Element
Goal HE-2: Sustainable neighborhoods well served by ample parks, infrastructure,
community amenities, and public services and facilities.
Policy HE-2.1: Housing Conditions. Support the improvement, rehabilitation, and
maintenance of our housing resources to strengthen residential neighborhoods, offer quality
housing, and maintain community property values.
Policy HE-2.2: Property Maintenance. Support the maintenance and improvement of
the quality of housing and neighborhoods through the adoption, amendment, and compliance with
land use, zoning, building, and property maintenance codes.
Community Design Element
Goal CD-3: Projects, developments, and public spaces that visually enhance the
character of the community and are appropriately buffered from dissimilar land uses so that
differences in type and intensity do not conflict.
Policy CD-3.9: Utilize Crime Prevention through Environmental Design (CPTED)
techniques and defensible space design concepts to enhance community safety.
Ordinance No. 2016-188
Medical Marijuana Cultivation
Economic Development Element
Goal ED-3: A mix of land uses that generates a fiscal balance to support and enhance the
community's quality of life.
Safety Element
Goal S-4: A community that has effective fire mitigation and response measures in place,
and as a result is minimally impacted by wildland and structure fires.
Policy S-4.1: Require fire-resistant building construction materials, the use of vegetation
control methods, and other construction and fire prevention features to reduce the hazard of
wildland fire.
Section 3. The Menifee Municipal Code is hereby amended by the addition of a new
Chapter 9.70 to read in its entirety as follows:
Chapter 9.70
MARIJUANA CULTIVATION AND PROCESSING
Sections:
9.70.010 Purpose and Findings.
9.70.020 Definitions.
9.70.030 Prohibited Activities.
9.70.040 Public Nuisance Declared.
9.70.050 Violations.
9.70.060 Severability
9.70.010 Purpose and Findings. The City Council finds that the prohibitions on
marijuana cultivation and processing are necessary for the preservation and protection of
the public health, safety, and welfare for the City and its community. The City Council's
prohibition of such activities is within the authority conferred upon the City Council under
state law. On October 9, 2015, the Governor signed into law the Medical Marijuana
Regulation and Safety Act ("MMRSA"). The MMRSA contains new statutory provisions
that:
(a) Allow local governments to enact ordinances expressing their intent to prohibit the
cultivation of marijuana and their intent not to administer a conditional permit
program pursuant to Health & Safety Code Section 11362.777 for the cultivation of
marijuana (Health and Safety Code 11362.777(c)(4));
(b) Expressly provide that the MMRSA does not supersede or limit local authority of
local law enforcement activity, enforcement of local ordinances, or enforcement of
local permit or licensing requirements regarding marijuana (Business & Professions
Code section 19315(a));
(c) Expressly provide that the MMRSA does not limit the authority or remedies of a local
government under any provision of law regarding marijuana, including but not limited
to a local government's right to make and enforce within its limits all police
regulations not in conflict with general laws (Business & Professions Code 19316(c));
The City Council finds that this chapter:
Ordinance No. 2016-188
Medical Marijuana Cultivation
(a) Expresses its intent to prohibit the cultivation and processing of marijuana in the City;
(b) Exercises its local authority to enact and enforce local regulations and ordinances,
including those regarding the permitting, licensing, or other entitlement of the
activities prohibited by this chapter;
(c) Exercise its police power to enact and enforce regulations for the public benefit,
safety, and welfare of the City and its community
9.70.020 Definitions. The following words and phrases shall, for the purposes of this
chapter, have the meanings respectively ascribed to them by this section, as follows:
(a) "Marijuana" means any or all parts of the plant Cannabis sativa Linnaeus, Cannabis
indica, or Cannibus rueralis, whether growing or not; the seed thereof; the resin or
separated resin, whether crude or purified, extracted from any part of the plant; and every
compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or
resin, including marijuana infused in foodstuff or any other ingestible or consumable
product containing marijuana. The term"marijuana"shall also include"medical marijuana"
as such phrase is used in the August 2008 Guidelines for the Security and non-diversion
of Marijuana Grown for Medical Use, as may be amended from time to time, that was
issued by the office of the Attorney General for the state of California or subject to the
provisions of California Health and Safety Code Section 11362.5 (Compassionate Use Act
of 1996) or California Health and Safety Code Sections 11362.7 to 11362.83 (Medical
Marijuana Program Act).
(b) "Marijuana Cultivation" means growing, planting, harvesting, drying, curing, grading,
trimming or processing of marijuana. The term "marijuana cultivation' shall also include
"mobile cultivation" that being the cultivation of marijuana within a movable conveyance
such as a vehicle, truck, trailer, recreational vehicle, mobile home or other such mobile
device.
(c) "Marijuana Processing" means any method used to prepare marijuana or its
byproducts for commercial retail and/or wholesale, including but not limited to drying,
cleaning, curing, packaging, and extraction of active ingredients to create marijuana
related products and concentrates. Further, "marijuana processing" shall include
marijuana byproducts created at another location and transported to a site to be used as
an additive in another product.
9.70.030 Prohibited Activities. Marijuana cultivation and processing shall be prohibited
activities in the City, except where the City is preempted by federal or state law from
enacting a prohibition on any such activity. No use permit, variance, building permit, or
any other entitlement, license, or permit, whether administrative or discretionary, shall be
approved or issued for the activities of marijuana cultivation and marijuana processing in
the City, and no person shall otherwise establish or conduct such activities in the City,
except where the City is preempted by federal or state law from enacting a prohibition on
any such activity for which the use permit, variance, building permit, or any other
entitlement, license, or permit is sought.
9.70.040 Public Nuisance Declared. Any violation of this chapter is hereby declared a
public nuisance and shall be abated pursuant to all available remedies.
9.70.050 Violations. Violations of this chapter may be enforced by any means available
to the City.
Ordinance No. 2016-188
Medical Marijuana Cultivation
9.70.060 Severability. If any section, subsection, sentence or clause of this chapter is,
for any reason, held to be invalid or unconstitutional by a court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions of this chapter.
Section 4. If any section, subsection, subdivision, sentence, clause, phrase, or portion
of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this ordinance. The City Council hereby declares that it would have adopted this ordinance,
and each section, subsection subdivision, sentence, clause, phrase, or portion thereof,
irrespective of the fact that any one or more sections, subsections, subdivisions, sentences,
clauses, phrases, or portions thereof be declared invalid or unconstitutional.
Section 5. The City Council finds the approval of this ordinance is not subject to the
California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines because Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical
change in the environment) and 15050(c)(3) (the activity is not a project as defined in Section
15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in a physical change to the environment, directly or indirectly.
Furthermore, the City Council finds the approval of this ordinance is not a project under CEQA
and it is subject to the CEQA exemption contained in CEQA Guideline section 15061(b)(3)
because it can be seen with certainty to have no possibility of a significant effect on the
environment.
Section 6. This ordinance shall take effect and be in full force and operation thirty (30)
days after its adoption.
Section 7. The City Clerk shall certify to the passage and adoption of this ordinance,
and shall cause the same to be published within fifteen (15) days after passage in accordance
with law, and shall cause this ordinance and its certification, together with proof of publication, to
be entered in the Book of Ordinances of the City of Menifee.
PASSED, APPROVED AND ADOPTED this 20' day of Ja ary, 2016.
Scott A. Mann, Mayor
APPROVED AS TO FORM:
J y VMelching, City Attorn
Ordinance No. 2016-188
Medical Marijuana Cultivation
CERTIFICATE OF ATTESTATION AND ORIGINALITY
1, SARAH A. MANWARING, City Clerk of the City of Menifee, do hereby attest to and certify the
attached Ordinance No. 2016-188 to be the original ordinance adopted by the City Council of the
City of Menifee on January 20, 2016 and that said Ordinance was published in accordance with
the law.
Date: 02 7 o�Ol(Q
lk/,
S rah A. Manwaring, City Clerk
ENIFE I
Ir
Scott A.Mann
Mayor
Greg August STATE OF CALIFORNIA )
Mayor Pro Tem COUNTY OF RIVERSIDE ) ss
John V.Denver CITY OF MENIFEE )
Councilmember
I, Sarah Manwaring, City Clerk of the City of Menifee, do hereby certify that the
Matthew Liesemeyer foregoing Ordinance No. 2016-188 was duly adopted by the City Council of the
Councilmember City of Menifee at a meeting thereof held on the 20'h day of January, 2016 by the
Lesa Sobek following vote:
Councilmember
Ayes: August, Denver, Liesemeyer
Noes: None
Absent: Mann, Sobek
Abstain: None
S ah A. Manwaring, City Clerk
29714 Haun Road
Menifee,CA 92586
Phone 951.672.6777
Fax 951.679.3843
www.cityofrnenifee.us