2017-230 Amending Chapters Relating to the Regulation of Marijuana and Adoption of Chapter 11.45 Ordinance No. 2017-230
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE,
CALIFORNIA, AMENDING CHAPTERS 5.50, 5.60, 9.70, 9.10, AND 13.01 OF
THE MENIFEE MUNICIPAL CODE RELATING TO THE REGULATION OF
MARIJUANA SALE, CULTIVATION, PROCESSING, AND CONSUMPTION,
AND IMPOSING AN EXPRESS BAN ON MARIJUANA CONSUMPTION AND
SMOKING ON CITY PROPERTY WITH THE ADOPTION OF CHAPTER 11.45
"MARIJUANA CONSUMPTION AND SMOKING PROHIBITED ON CITY
PROPERTY" (2017-270 DCA)
WHEREAS, Proposition 64, the Adult Use of Marijuana Act("AUMA"), was adopted by the
voters on November 8, 2016, and took effect the day after the election on November 9, 2016. The
AUMA decriminalized for state law purposes specified personal use and cultivation of nonmedical
marijuana, and established a state regulatory and licensing program for nonmedical marijuana
commercial cultivation, testing, distribution and manufacturing; and
WHEREAS, under the AUMA, the City retains the ability to prohibit indoor non-medical
marijuana cultivation for over 6 plants per residence, place reasonable restrictions on the indoor
cultivation of 6 plants or less, prohibit outdoor cultivation, ban smoking/possession of marijuana
on City owned or leased property, ban or regulate all entities in the stream of commerce
(dispensaries, distributors, manufacturers, commercial cultivators, etc.), and establish additional
taxes on recreational marijuana; and
WHEREAS, other cities in California have reported negative impacts of marijuana
cultivation, processing, and sales 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 generated by marijuana cultivation,
dispensaries, cafes, and outdoor consumption 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, 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, processing, sales, and consumption activities are allowed to occur in any manner other
than as permitted by the AUMA; and
WHEREAS, based on the findings above, the potential establishment of marijuana
dispensaries, mobile dispensaries, marijuana cultivation and processing (except as allowed by
the AUMA), and marijuana cafes 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 the establishment of marijuana
dispensaries, mobile dispensaries, marijuana cultivation and processing (except as allowed by
the AUMA), and marijuana cafes will result in the aforementioned threat to public health, safety,
and welfare; and
WHEREAS, it is the purpose and intent of this Ordinance to prohibit the establishment of
marijuana dispensaries, mobile dispensaries, marijuana cultivation and processing (except as
allowed by the AVMA), and marijuana cafes to promote public health, safety and welfare of the
residents, business owners and visitors within the City; and
WHEREAS, the failure to regulate and prohibit marijuana cultivation, processing,
consumption, and sales will expose the City to costs related to regulation, enforcement and the
negative secondary effects associated with marijuana cultivation, processing, consumption, and
sales including an increase in crime; and
WHEREAS, although the AUMA permits the indoor cultivation of non-medical marijuana
for 6 plants or fewer per residence, the City finds that requiring such marijuana plants to be kept
out of public view, and requiring such marijuana plants to be kept in a secure, locked space within
an individual's private residence when not in use to be "reasonable regulations;" and
WHEREAS, the City Council additionally finds that, in light of the deleterious health
effects, and effects on the environment the proliferation of secondhand marijuana smoke on City
property is a public nuisance; and
WHEREAS, it is the additional purpose and intent of this Ordinance to prohibit all
marijuana smoking on City owned or leased property to promote public health, safety and welfare
of the residents, business owners and visitors within the City; and
WHEREAS, on November 8, 2017,the Planning Commission held a duly advertised public
hearing on the Ordinance, opened the hearing to receive public testimony, and reviewed all
written public comments, staff report materials and accompanying documents related to the
Ordinance and considered the requirements of the California Environmental Quality Act (CEQA)
(Public Resources Code Section 21000 et. seq.) with regard to the possible impacts that the
Ordinance may have upon the environment; and
WHEREAS, at the November 8, 2017 Planning Commission public hearing, based upon
all materials and testimony considered, the Planning Commission adopted a resolution
recommending that the City Council find the Ordinance exempt from environmental review under
the California Environmental Quality Act and adopt the Ordinance; and
WHEREAS, on December 6, 2017, the City Council held a duly noticed public hearing
concerning the Ordinance, introduced and conducted a first reading of the Ordinance, and
considered testimony and evidence at the Public Hearing held with respect thereto; and
WHEREAS, on December 20, 2017, the City Council conducted a second reading of the
Ordinance; and
WHEREAS, the City Council has considered the requirements of CEQA; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES ORDAIN
AS FOLLOWS:
Page 2 of 10
SECTION 1. That the City Council find, for the reasons detailed upon that Notice of
Exemption, that the Ordinance is exempt from further environmental review and authorize staff
to sign and forward a Notice of Exemption.
SECTION 2. The City Council hereby finds that the Ordinance is consistent with the
City's General Plan, including the following Goals and Policies of the City's General Plan:
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.
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.
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.
Goal ED-3: A mix of land uses that generates a fiscal balance to support and enhance
the community's quality of life.
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. That the City Council amend Chapter 5.50 "Medical Marijuana Dispensaries
Prohibited" of the MMC by amending the Chapter title, Section 5.50.010 "Definitions" and Section
5.50.020 "Prohibition" to read as follows (deletions are shown in strike_thre g- and additions
shown in double-underlining):
Page 3 of 10
CHAPTER 5.50: MEDICAL MARIJUANA DISPENSARIES PROHIBITED
§ 5.50.010 DEFINITIONS.
MEDICAL MARIJUANA or DISPENSARY. Any facility or location,
whether fixed or mobile, where medical-marijuana is made available to or
distributed by or distributed to any individual. one ar more ef the
fefFewirg: affi aFy eareg++ver;-a qualified patient, erg pat
—aad
�� e{RFa- ' tHealth and SofCYyGede con+inn 11362.4 et civ
A-MEDICAL MARIJUANA DISPENSARY. Any facility or location, whether
fixed or mobile, where medical mariivana is made available to or distributed
by or distributed to one or more of the following: a primary caregiver. a
qualified patient, or a patient with an identification card. All three terms are
identified in strict accordance with California Health and Safety Code
section 11362.4 et seg. A medical mariivana dispensary shall not include
the following uses, as long as the location of such uses is otherwise
regulated by this Code or applicable law: A clinic licensed pursuant to
Chapter 1 of Division 2 of the Health and Safety Code; a healthcare facility
licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code;
a facility licensed pursuant to Chapter 2 of Division 2 of the Health and
Safety Code; a residential care facility for persons with chronic life-
threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the
Health and Safety Code; a residential care facility for the elderly licensed
pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code; a
residential hospice, or a home health agency licensed pursuant to Chapter
8 of Division 2 of the Health and Safety Code, as long as such uses
complies strictly with applicable law, including but not limited to, Health and
Safety Code section 11362.5 et seq.
§ 5.50.020 PROHIBITION.
A ariivana dispensaries and medical marijuana dispensaryies as defined
in § 5.50.010 is are prohibited within the city. No permit of any kind,
including but not limited to a conditional use permit, a building permit or
business license, shall be issued to any person or entity seeking to
establish such a dispensary. Notwithstanding, this chapter shall in no way
limit the right to possess, use or cultivate marijuana for medicinal o[
recreational purposes as authorized by the laws of the State of California
as set forth in the Health and Safety Code, as those may be amended from
time to time.
SECTION 4. That the City Council amend Chapter 5.60 "Mobile Marijuana Dispensaries"
of the MMC by amending Section 5.60.010 "Definitions" to read as follows (deletions are shown
in strike-through, and additions shown in double-underlining):
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The following words and phrases shall, for the purposes of this chapter,
have the meanings respectively ascribed to them by this section, as
follows.
MOBILE MARIJUANA DISPENSARY. Any clinic, cooperative, club,
business or group which transports or delivers, or arranges the
transportation or delivery, of ^„ diGal marijuana to a person o e' bel
personal, recreational, or medical use.
OPERATION. Any effort to locate, operate, own, lease, supply, allow to be
operated, or aid, abet or assist in the operation of a mobile marijuana
dispensary.
PERSON. Any person, firm, corporation, association, club, society, or other
organization. The term PERSON shall include any owner, manager,
proprietor, employee, volunteer or salesperson.
SECTION 5. That the City Council amend Chapter 9.70 "Marijuana Cultivation And
Processing" of the MMC by amending Section 9.70.010"Purpose And Findings,"Section 9.70.020
"Definitions," and Section 9.70.030 "Prohibited Activities" to read as follows (deletions are shown
in strike-through, and additions shown in double-under linina):
§ 9.70.010 PURPOSE AND FINDINGS.
(A) 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:
(1) 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 Cal. Health & Safety Code §
11362.777 for the cultivation of marijuana (Cal. Health & Safety Code §
11362.777(c)(4))
(2) 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 (Cal. Business & Professions Code § 19315(a));
(3) -) 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 (Cal. Business & Professions Code 19316(c));
(B) On November 9. 2016. the Adult Use of Mariivana Act ("AUMA"). was
opted by the voters on November 8. 2016, and took effect the day after
e election. The AUMA decriminalized for state law purposes specified
personal use and cultivation of nonmedical marijuana. and established a
Page 5 of 10
state regulatory and licensing program for nonmedical marijuana
commercial cultivation testing distribution and manufacturing Under the
AUMA. the City retains the ability toprohibit indoor non-medical marijuana
cultivation for over 6 plants per residence place reasonable restrictions on
e indoor cultivation of 6 plants or less, prohibit outdoor cultivatiom ban
smoking/possession of marijuana on City owned or leased property, ban or
regulate all entities in the stream of commerce (dispensaries, distributors,
manufacturers, commercial cultivators etc.), and establish additional taxes
on recreational marijuana.
R n The City Council finds that this chapter:
(1) Expresses its intent to prohibit the cultivation and processing of
marijuana in the city, except as allowed by the AUM ;
(2) 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;
(3) 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:
MARIJUANA. Any or all parts of the plant Cannabis sativa Linnaeus,
Cannabis indica, or Cannibus rueralis, or other variations that contain the
psychotropic compound Tetrahydrocannabinol. (THC), 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 Cal. Health & Safety Code § 11362.5 (Compassionate Use
Act of 1996) or Cal. Health &Safety Code §§ 11362.7 to 11362.83 (Medical
Marijuana Program Act).
MARIJUANA CULTIVATION. 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.
DOOR CULTIVATION. Marijuana Cultivation for personal.medicinal use use within an individual's private residence, or within an
accessory structure that is fully enclosed and secure.
Page 6 of 10
MARIJUANA PROCESSING. 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. All commercial marijuana
ctivitjes. including, but not limited to, individual sales, cooperatives.
dispensaries, cultivation, and deliveries, are expressly prohibited in the
City. No person shall establish operate conduct permit or allow
commercial mariivana activity anywhere within the City.
If an individual is 21 years of age or older, he or she may engage in the
Indoor Cultivation of six (6) or fewer Marijuana plants, pursuant to Cal.
Health & Safety Code §§ 11362.1(a)(3) and 11362.2(a)(2), as may be
mended from time to time. However. the Mariivana plants may not be
visible to the public, and must be kept in a secure, locked space within the
individual's private residence when not in use The Indoor Cultivation of
ore than six (6) Mariivana plants is prohibited All outdoor cultivation is
prohibited in the City.
SECTION 6. That the City Council amend Chapter 9.10 "Hookah Lounges" of the MMC
by amending the Chapter title to "Hookah Lounges and Marijuana Cafes", and to amend Section
9.10.010 "Smoking prohibited," to read as follows (deletions are shown in strike-through, and
additions shown in double-underli f g):
§ 9.10.010 DEFINITIONS.
As used in this chapter, the following words shall have the meanings set
out here.
CITY. The City of Menifee, as annexations may occur from time to time.
HOOKAH. A glass or metal water pipe usually decorated and shaped
somewhat like a bottle or small tank, with a long, flexible cord pipe. Also
known as SHISHA, NARGILE, HUBBLE BUBBLE, NAG and TURKISH
WATER PIPE,
HOOKAH LOUNGE. An area of a commercial establishment, whether
enclosed, indoor or outdoor, designated specifically for the use of hookahs,
Page 7 of 10
but does not include private use of hookahs in personal residences if
otherwise in compliance with applicable law.
MARIJUANA. Any or all parts of the plant Cannabis sativa Linnaeus.
Cannabis indica. or Cannibus rueralis, or other variations that contain the
psychotropic compound Tetrahydrocannabinol. (THC), 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 subiect to the
provisions of Cal. Health & Safety Code _§ 11362.5 (Compassionate Use
Actof 1996) or Cal. Health &Safety Code §& 11362.7 to 11362.83 (Medical
Marijuana Program Act).
MARIJUANA CAFE. An area of a commercial establishment whether
enclosed, indoor or outdoor, designated specifically for the use of
marijuana, but does not include private use of marijuana in persona
residences if otherwise in compliance with applicable law.
§ 9.10.020 PROHIBITION.
Hookah lounges and marijuana cafes are prohibited within the city.
SECTION 7. That the City Council amend Chapter 13.01 "Regulations For The Use Of
Public Parks" of the MMC by amending Section 13.01.290 "Smoking prohibited," to read as
follows (deletions are shown in strike-through, and additions shown in double-underlining):
It is unlawful for any person to smoke, consume, or to dispose of any lighted
match or cigarette, marijuana, marijuana cigarette, for either recreational
or medical use cigar ashes or any flaming or glowing substance in any
area of any park or open space managed by the City Manager/Community
Services Department and specifically designated by sign as a prohibited
smoking areas by the City Manager/Community Services Department.
SECTION 8. That the City Council amend the Menifee Municipal.Code by the addition of
a new Chapter 11.45 to read in its entirety as follows:
Chapter 11.45
MARIJUANA CONSUMPTION AND SMOKING PROHIBITED ON CITY PROPERTY
Sections:
11.45.010 Purpose and Findings.
11.45.020 Definitions.
11.45.030 Prohibited Activities.
11.45.040 Public Nuisance Declared.
11.45.050 Violations.
11.45.060 Severability.
Page 8of10
11.45.010. Purpose and Findings. The City Council finds that, in light of the
deleterious health effects,the proliferation of secondhand marijuana smoke on City
property is a public nuisance. The purpose of this chapter is to promote and protect
the public health, safety, and general welfare by prohibiting marijuana smoking
(and consumption) in City facilities, and on City owned or leased property. This
chapter is further intended to ensure a cleaner and more hygienic environment for
the City, its residents and visitors, and its natural resources.
11.45.020. Definitions.
As used in this chapter, the following words shall have the meanings set out here.
CITY PROPERTY. All City facilities, and all property owned, leased, or operated
by the City, including but not limited to parking lots, streets, rights of ways,
parkways, parks, buildings, sidewalks.
MARIJUANA SMOKING. The release of gases, particles, or vapors into the air as
a result of combustion, electrical ignition, or vaporization and/or inhaling, exhaling,
burning or carrying any lighted, heated, or ignited cigar, cigarette, cigarillo, pipe,
hookah, electronic smoking device, containing any marijuana product, intended for
human inhalation.
11.45.030 Prohibited Activities. In addition to all places where marijuana
smoking is prohibited under state or federal law, in which cases those laws apply,
no person shall smoke or consume marijuana on, and no smoking areas shall be
established on, any City property.
11.45.040. Public Nuisance Declared. Any violation of this chapter is hereby
declared a public nuisance and shall be abated pursuant to all available remedies.
11.45.050. Violations. Violations of this chapter may be enforced by any means
available to the City.
11.45.060. 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 10. Notice of Adoption. 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.
SECTION 11. Effective Date. This Ordinance shall take effect and be in full force and
operation thirty (30) days after its adoption.
SECTION 12. Severability. 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
Page 9of10
thereof, irrespective of the fact that any one or more sections, subsections, subdivisions,
sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
APPROVED AND ADOPTED THIS 20th DAY OF December, 2017.
Neil ff.-Pinter, ayor
Approved as to form:
Jeffr Iching, Citytt rney
Attest:
Saf ah A. Manwaring
Cdy Clerk
Page 10 of 10
GjTv o�
.MENIFEE_
Neil R.Winter
Mayor STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
Lesa A.Sobek CITY OF MENIFEE )
Mayor Pro Tem
I, Sarah Manwaring, City Clerk of the City of Menifee, do hereby certify that the
Greg August foregoing Ordinance No. 2017-230 was duly adopted by the City Council of the City of
Councilmember Menifee at a meeting thereof held on the 20th day of December, 2017 by the following
vote:
Matthew Liesemeyer
Councilmember Ayes: August, Denver, Liesemeyer, Sobek, Winter
Noes: None
John V. Denver Absent: None
Councilmember Abstain: None
Sarah A. Mantvari g, City Clerk
29714 Haun Road
Menifee,CA 92586
Phone 951.672.6777
Fax 951.679.3843
www.cityofinenifee.us