PC15-199Resolution No. PC 15-199
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE, CALIFORNIA, FORWARDING A RECOMMENDATION THAT THE
CITY COUNCIL FIND THAT CODE AMENDMENT DCA 2014-256 IS EXEMPT
FROM ENVIRONMENTAL REVIEW AND AMEND THE MENIFEE MUNICIPAL
CODE BY ADOPTING A NEW CHAPTER 9.70 "MARIJUANA DISPENSARIES,
CULTIVATION AND PROCESSING"
Whereas, on October 1, 2008, the City of Menifee incorporated, becoming the local
government authority for the City's corporate boundaries; and
Whereas, on December 18, 2013, following the certification of an Environmental Impact
Report (State Clearinghouse # 2012071033), the City Council of the City of Menifee adopted a
comprehensive General Plan for the City, including Goals and Policies for the safe and
responsible growth and development of the community; and
Whereas, in in 2009 and 2013 the City Council reviewed the land use issue of medical
marijuana dispensaries, fixed and mobile, and found that based upon the information available at
the time that such facilities should be prohibited within the City of Menifee, culminating in the
adoption of Ordinance No. 2011-93 and Ordinance No. 2013-128; and
Whereas, on both January 28, 2015, and February 25, 2015 the Planning Commission
held duly advertised public hearings on the recommended Notice of Exemption and proposed
Code Amendment by way of DCA 2014-256, at which time the Commission reviewed all materials
in the staff report and accompanying documents, as well as receiving comments from the public,
following which the Commission tabled the public hearing and directed staff to gather specific
information on the cultivation of marijuana and following that collection, set and advertise for
another public hearing; and
Whereas, on May 15, 2015, a Municipal Code Amendment by way of DCA 2014-256 was
publicly noticed within The Press Enterprise, a newspaper of general circulation, for a public
hearing before the City of Menifee Planning Commission scheduled for May 27, 2015; 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 2014-
256, opened the hearing to public testimony, as well as reviewed all materials in the staff report
and accompanying documents to establish a new Chapter 9.70 "Marijuana Dispensaries,
Cultivation and Processing" within the City of Menifee Municipal Code pertaining to the standards
and criteria applicable to marijuana dispensaries, cultivation and by-product production; and
Whereas, at the May 27, 2015, Planning Commission public hearing, based upon the
materials in the staff report and accompanying documents, the Commission considered the
requirements of the California Environmental Quality Act (CEQA) (Public Resources Code
Section 21000 et. seq.) with regard to the possible impacts the Amendment may have upon the
environment; and
Whereas, at the May 27, 2015 Planning Commission public hearing, based upon the
materials in the staff report and accompanying documents, the Commission considered the Goals
and Policies of the City's adopted General Plan, as stated below, as it can be seen that allowing
the cultivation, growth or allowance to grow of marijuana within the City shall result in a community
where residents at all stages of life have a diversity of options of how they recreate within Menifee.
Further, the application of strict regulations to allow, but control, the cultivation of marijuana, an
activity that would otherwise occur unregulated and in secret, would allow flexible development
standards that provide potential benefits that balance with potential impacts, allow buffering
between dissimilar uses (thus reducing potential conflicts) and address a potential criminal activity
through a design technique or design concept that enhances community safety. Such allowances
may also contribute to sustainable neighborhoods and encourage participation in neighborhood
organizations aimed at preserving neighborhoods. Allowing a diversity of cultivation, for a plant
that the voters of California have determined was acceptable for private, medicinal use, may both
preserve and enhance the character of the City's rural areas. And finally, with the acceptance
that the cultivation, on some level, shall occur within the community with or without the proposed
land use standards, adopting the proposed standards shall allow a mix of land uses that generates
a fiscal balance (by not draining limited City resources on enforcement actions with limited results)
to support and enhance the community's quality of life; and
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-1.9 Allow for flexible development standards provided that the potential
benefits and merit of projects can be balanced with potential impacts.
Housing Element
Goal HE-2: Sustainable neighborhoods well served by ample parks, infrastructure,
community amenities, and public services and facilities.
Policy HE-2.6 Neighborhood Involvement. Encourage resident participation in their
neighborhood organizations to help identify local needs and implement programs to
beautify, improve, and preserve neighborhoods.
Community Design Element
Goal CD-2: Preserve and enhance the character of the City's rural areas.
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.
CD-3.9Utilize Crime Prevention through Environmental Design (CPTED) techniques and
defensible space design concepts to enhance community safety.
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.
Whereas, at the May 27, 2015 Planning Commission public hearing, the materials within
the staff report and accompanying documents, as required by Riverside County Ordinance No.
348 (adopted by the City of Menifee with regard to amendments to the Zoning Code), illustrate to
the Commission that the proposed Code Amendment by way of DCA 2014-256 is consistent with,
conforms to and fulfills the Goals and Policies of the adopted General Plan as listed above.
Now, therefore, the City of Menifee Planning Commission recommends the following:
Section 1. That the City Council find, for the reasons detailed upon that Notice of
Exemption, that the proposed Code Amendment is exempt from further environmental review and
authorize staff to sign and forward the Notice of Exemption.
Section 2. That the City Council of the City of Menifee find that the proposed Code
Amendment by way of DCA 2014-256 is consistent with the Goals and Policies of the City's
adopted General Plan as enumerated above.
Section 3. That the City Council of the City of Menifee find that the proposed Code
Amendment by way of DCA 2014-256 is consistent with the requirements of the City of Menifee
Municipal Code regarding the process of amending the Municipal Code.
Section 4. That the City Council of the City of Menifee find that with the creation of a new
Municipal Code Chapter 9.70 "Marijuana Dispensaries, Cultivation and Processing" for the City
of Menifee that Ordinance No. 2011-93 "Medical Marijuana Prohibition" and Ordinance No. 2013-
128 "Prohibit Mobile Marijuana Dispensaries" as adopted by the Menifee Municipal Code are no
longer needed and therefore they should be repealed and of no further force or effect.
Section 5. That the City Council adopt a new Chapter 9.70 "Marijuana Dispensaries,
Cultivation and Processing" of the Menifee Municipal Code to read as follows:
"Chapter 9.70 'Medical Marijuana Dispensaries, Cultivation and Processing'
Sections:
Section 9.70.010 Purpose and Findings
Section 9.70.020 Medical Marijuana Dispensaries Prohibited
Section 9.70.030 Use or Activity Prohibited by State or Federal Law
Section 9.70.040 Medical Marijuana Dispensaries
Section 9.70.050 Mobile Marijuana Dispensaries
Section 9.70.060 Marijuana Cultivation
Section 9.70.070 Marijuana Processing and By -Products
Section 9.70.010 Purpose and Findings
The City Council finds that federal and state laws prohibiting the possession, sale, and
distribution of marijuana would preclude the lawful opening and operation of medical marijuana
dispensaries sanctioned by the City of Menifee, and in order to serve the public health, safety,
and welfare of the residents and businesses within the city, the declared purpose of this Chapter
is to prohibit the operation or establishment of medical marijuana dispensaries within the city,
as provided in this Chapter.
Section 9.70.020 Medical Marijuana Dispensaries Prohibited
It shall be unlawful for any person or entity to own, manage, establish, conduct or operate any
medical marijuana dispensary or to participate as an employee, contractor, agent or volunteer, or
in any other manner or capacity, in any medical marijuana dispensary in the City of Menifee. Any
medical marijuana dispensary existing within the City of Menifee on the effective date of this
Chapter shall cease operations forthwith.
Section 9,70.030 Use or Activity Prohibited by State or Federal Law
A. Compliance with Law. Nothing contained in this Chapter shall be deemed to permit or
authorize any use or activity which is otherwise prohibited by any state or federal law.
Section 9.70.040 Medical Marijuana Dispensaries
Medical Marijuana Dispensaries shall be regulated by the provisions of Chapter 5.50 "Medical
Marijuana Dispensaries' of the City of Menifee Municipal Code.
A. Prohibition. A medical marijuana dispensary as defined in Section 5.50.010 "Definitions"
of the City of Menifee Municipal Code is 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 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 9.70.050 Mobile Marijuana Dispensaries
Mobile Marijuana Dispensaries shall be regulated by the provisions of Chapter 5.60 "Mobile
Marijuana Dispensaries" of the City of Menifee Municipal Code.
A. Prohibition. Mobile Marijuana Dispensaries are prohibited in the City of Menifee. No
person shall locate, operate, own, suffer, allow to be operated or aide, abet or assist in
the operation of any Mobile Marijuana Dispensary within the City.
B. Delivery Prohibited.
No Person shall deliver marijuana to any location within the City from a Mobile
Marijuana Dispensary, regardless of where the Mobile Marijuana Dispensary is
located, or engage in any Operation for this purpose.
2. No Person shall deliver any marijuana -infused product such as tinctures, baked
goods or other consumable products, to any location within the City from a Mobile
Marijuana Dispensary, regardless of where the Mobile Marijuana Dispensary is
located, or engage in any Operation for this purpose.
C. Public Nuisance Declared. Operation of any Mobile Marijuana Dispensary within the
City in violation of the provisions of this chapter is hereby declared a public nuisance and
shall be abated pursuant to all available remedies.
D. Violations. A violation of this Chapter shall be an infraction of the Municipal Code,
enforced by applicable law.
Section 9.70.060 Marijuana Cultivation
It shall be unlawful for any person or entity to own, manage, establish, conduct or operate any
facility, or allow upon any legal parcel(s) of land within the City of Menifee with an agricultural or
single-family residential zoning designation where a primary detached single-family residential use
has been established and is maintained, to cultivate marijuana except as follows:
At least one card holding qualified patient or one primary caregiver must reside upon the property
where the marijuana is cultivated, grown or allowed to grow. Further, no convicted felon, parolee
or probationer shall live upon or within the premises where the marijuana is cultivated, grown or
allowed to grow.
The owner or tenant of one legal parcel, or multiple, adjoining legal parcels collectively being used
as one property, may cultivate, grow or allow to grow, up to two (2) mature marijuana plants (plants
with or capable of buds), or cultivate, grow or allow to grow no more than four (4) immature
marijuana plants (plants without and incapable of buds) at any one time on such legal parcel or
collection of parcels. The owner or tenant must reside upon the property where the marijuana is
being cultivated, grown or allowed to grow. No more than two (2) owners, tenants, or individuals
responsible for one legal parcel, or multiple, adjoining legal parcels collectively being used as one
property, may concurrently cultivate marijuana plants upon or within the one parcel or multiple
parcels collectively used as one property. With multiple ownership, multiple tenants or multiple
property responsibility rights, at no time shall one legal parcel, or multiple, adjoining legal parcels
collectively being used as one property, cultivate, grow or allow to grow more than four (4) mature
marijuana plants (plants with or capable of buds), or allow the cultivation or growth of no more than
eight (8) immature marijuana plants (plants without and incapable of buds).
No more than two (2) individuals at any one time may cultivate, grow or allow to grow the number
of mature or immature marijuana plants noted above upon or within any one legal parcel or
multiple, adjoining parcels collectively being used as one property.
Where multiple, separate land uses are occurring upon or within multiple, adjoining legal parcels,
whether under one ownership, a cooperative agreement, a collective or some other form of
ownership or use arrangement, such individual legal parcel or collective of legal parcels being used
as one property, shall be allowed the cultivation rights as described above.
Where multiple, adjoining legal parcels, whether under one ownership, a cooperative agreement,
a collective or some other form of ownership or use arrangement, allowing one or more individuals
to use the legal parcels for one collective purpose or for multiple purposes, such multiple, adjoining
properties shall be considered one property for purposes of this Chapter, subject to the limitations
noted above.
Where the cultivation of marijuana is allowed under this Chapter, such cultivation may occur only
within an enclosed, permitted structure so as not to infringe upon the use or enjoyment of adjoining
or surrounding properties, or distract, harm or impede the legal activities occurring on adjoining or
surrounding properties by way of noise, use of chemicals or fertilizers, production of noxious odors,
use of supportive equipment, delivery or storage of cultivation related items, or distribution of
harvested marijuana plants, buds or grown products. All such marijuana plants, whether mature
or immature, shall be reasonably secured to prevent access by a minor or from theft. Further,
nothing within this Chapter shall allow the sale, wholesale or retail, of harvested marijuana directly
from the property where cultivated.
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, shall be
expressly prohibited. Any Sherriff's Officer, Code Enforcement Officer or other authorized agent
of the City of Menifee shall, upon personally observing the cultivation, growth or allowance to
grow of marijuana plants, mature or immature, within a vehicle, truck, trailer, recreational vehicle,
mobile home, or other such mobile device, shall be authorized to issue an immediate citation to
the property owner, or individual in control of such property, upon the first observance of such
cultivation, growth or allowance to grow of marijuana.
Cultivation of marijuana shall be prohibited within 500 feet of any sensitive land use such as a
childcare center, youth -oriented facility, church, school (public or private), public park, homeowner
association maintained recreation facility, public building or facility, recognized place of worship or
historic site.
Prior to commencing the cultivation, growing or allowance to grow of marijuana, the property owner
shall register such cultivation, growing or allowance to grow with the City of Menifee on forms
available within the Community Development Department offices. Where the individual(s)
commencing the cultivation, growing or allowance to grow of marijuana is not the property owner,
that/those individual(s) shall register such cultivation, growing or allowance to grow with the City
of Menifee on forms available within the Community Development Department offices, and such
registration shall include a signed, notarized acknowledgement from the property owner that they
are aware of and approve such cultivation, growth or allowance to grow.
The cultivation, growing or allowing to grow of marijuana on or within a property with an agricultural
or single-family residential zoning designation where a primary detached, single-family residential
use has not been established, or on or within a property that does not have an agricultural or single-
family residential zoning designation, is expressly prohibited.
Section 9.70.070 Marijuana Processing and By -Products
Manufacturing, distilling, processing or otherwise manipulating mature or immature marijuana
plants, whether grown on site or transported to a site, to produce any nature of by-product or
derivative for direct or indirect consumption or inclusion as an additive in another product, for
consumption on- or off -site by someone other than the card holding qualified patient residing upon
the property where the marijuana is grown or transported to shall be expressly prohibited. Further,
marijuana by-products created at another location and transported to a site shall not be used as
an additive in another product, for consumption on- or off -site by someone other than the card
holding qualified patient residing upon the property."
Section 6. Notice of Adoption. The City Clerk of the City of Menifee shall certify to the
adoption of this Resolution.
Section 7. Effective Date. This Resolution shall become effective upon its adoption.
Section 8. Severability. If any provision of this Resolution or the application thereof to
any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications and, to this end, the provisions of this Resolution are declared to be severable.
APPROVED AND ADOPTED THIS 27" DAY OF MAY,
Chair
Approved as to form:
Ajit Thind, Deputy City Attorney
ATTEST:
Jennif r Allen, Deputy City Clerk
�'Ty op.
WENIFE
Scott A. Mann
Mayor
John V. Denver
Mayor Pro Tem
Wallace W. Edgerton
Councilmember
Greg August
Councilmember
Matthew Liesemeyer
Councilmember
29714 Haun Road
Menifee, CA 92586
Phone 951.672.6777
Fax 951.679.3843
vww.cityofinenifee.us
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF MENIFEE )
I, Jennifer Allen, Planning Commission Secretary of the City of Menifee,
do hereby certify that the foregoing Resolution No. PC15-199 was duly
adopted by the Planning Commission of the City of Menifee at a meeting
thereof held on the 27'" day of May, 2015 by the following vote:
Ayes:
Doty, Karwin, Phillips
Noes:
Sobek, Thomas
Absent:
None
Abstain:
None
J ifer Allen, Deputy City Clerk