6354ORDINANCE NO. 6 3 5 4
AN ORDINANCE OF THE CITY OF ANAHEIM
ADDING CHAPTER 4.19 TO TITLE 4 OF THE
ANAHEIM MUNICIPAL CODE (MEDICAL
MARIJUANA CULTIVATION AND PROCESSING) TO
PROHIBIT MEDICAL MARIJUANA CULTIVATION
AND PROCESSING ACTIVITIES IN THE CITY OF
ANAHEIM AND DETERMINING PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) THAT THIS ORDINANCE IS NOT A PROJECT
PURSUANT TO SECTIONS 15060(C)(2), 15060(C)(3)
AND 15378 OF THE CEQA GUIDELINES
WHEREAS, the People of the State of California approved Proposition 215, which was
codified as California Health and Safety Code Section 11362.5 and entitled the Compassionate
Use Act of 1996 ("CUA"); and
WHEREAS, the CUA provides an affirmative defense to particular state laws regarding
the possession or cultivation of marijuana for a qualified patient, or a patient's primary caregiver
who possesses or cultivates marijuana for the personal medical use of the patient upon the
recommendation of a physician, and also provides an affirmative defense to the criminal
prosecution or punishment of a physician for recommending marijuana to a patient for medical
purposes; and
WHEREAS, California courts have held that the CUA creates a limited exception from
criminal liability for seriously ill persons who need medical marijuana for specified medicinal
purposes and who obtain and use medical marijuana under limited, defined circumstances; and
WHEREAS, in 2003, the California Legislature adopted S13 420, the Medical Marijuana
Program ("MM?"), codified as Health and Safety Code Section 11362.7 et seq., which permits
qualified patients and their primary caregivers to associate collectively or cooperatively to
cultivate marijuana for medical purposes without being subject to criminal prosecution under the
California Penal Code; and
WHEREAS, neither the CUA nor the MMP require or impose an affirmative duty or
mandate upon a local government to allow, authorize, or sanction the establishment of facilities
that cultivate or process medical marijuana within its jurisdiction; and
WHEREAS, California Health and Safety Code Section 11362.5(b)(2) expressly provides
that nothing in the CUA "shall be construed to supersede legislation prohibiting persons from
engaging in conduct that endangers others, nor to condone the diversion of marijuana for non-
medical purposes." Health and Safety Code Section 11362.83 similarly anticipates that local
agencies may take action to regulate in this area, providing that "[n]othing in [the MMP] shall
prevent a city... from ... civil and criminal enforcement of local ordinances ... [and] other laws
consistent with [the MMP];" and
WHEREAS, notwithstanding the passage of the CUA and the MMP, the possession,
distribution and cultivation of marijuana are prohibited by the federal Controlled Substances Act,
21 U.S.C. Sections 801 etseq., and Section 11359 of the California Health and Safety Code; and
WHEREAS, in May 2013, the California Supreme Court issued its 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, on October 9, 2015, Governor Jerry Brown signed into law the "Medical
Marijuana Regulation and Safety Act" ("Act"), which is comprised of the state legislative bills
known as AB 243, AB 266, and SB 643; and
WHEREAS, the Act becomes effective January 1, 2016 and contains provisions that
govern the cultivating, processing, transporting, testing, and distributing of medical cannabis to
qualified patients. The Act also contains new statutory provisions that:
• Allow local governments to enact ordinances prohibiting the
cultivation of marijuana and electing not to administer a cultivation permit
program pursuant to Health & Safety Code Section 11362.777 for the
cultivation of marijuana (Health & Safety Code § 11362.777(c)(4),
Business and Professions Code Sections 19315(a) and 19316(c));
• Expressly provide that the Act does not supersede or limit local
authority for local law enforcement activity, enforcement of local zoning
requirements or local ordinances, or enforcement of local permit or
licensing requirements regarding marijuana (Business & Professions Code
§ 19315(a));
• Expressly provide that the Act 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), Section 7 of
Article XI of the California Constitution); and
• Require a local government that wishes to prevent marijuana
delivery activity, as defined in Business & Professions Code Section
19300.5(m) of the Act, from operating within the local government's
boundaries to enact an ordinance affirmatively banning such delivery
activity (Business & Professions Code § 19340(a)); and
WHEREAS, due to documented public health and safety risks, the City of Anaheim (the
"City") has previously availed itself of its legal right to prohibit marijuana dispensaries and
deliveries within City limits; specifically, Chapter 4.20 of the Anaheim Municipal Code prohibits
the existence or operation of medical marijuana dispensaries in the City, and Chapter 4.21
prohibits mobile medical marijuana dispensaries from operating in the City; and
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WHEREAS, a number of California cities have reported negative impacts of marijuana
cultivation, processing and distribution, including offensive odors, illegal sales and distribution
of marijuana, trespassing, theft, violent robberies and robbery attempts, fire hazards, and
problems associated with mold, fungus, and pests; and
WHEREAS, marijuana plants, as they begin to flower and for a period of two months or
more, produce a strong odor, offensive to many people, and detectable far beyond property
boundaries if grown outdoors; and
WHEREAS, in the case of multiple qualified patients who are in control of the same legal
parcel(s) of property, or in the case of collective or cooperative cultivation, or in the case of a
caregiver growing for numerous patients, a very large number of plants could be cultivated on
the same legal parcel(s) within the City; and
WHEREAS, the strong smell of marijuana creates 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(s) used, and the use of high wattage grow lights and excessive
use of electricity increases the risk of fire which presents a clear and present danger to the
building and its occupants; and
WHEREAS, one marijuana plant needs five to ten gallons of water per day or an
estimated three billion liters of water per square kilometer in one season, and marijuana farmers
have been found directly siphoning water from tributaries and other bodies of water. This
extraordinary consumption of water during drought conditions not only negatively impacts the
City's efforts to conserve water resources but the reduction in available water negatively affects
other plants and wildlife; and
WHEREAS, heavy use of pesticides to prevent rodents and other wildlife from eating
marijuana plants, as well as poorly -built irrigation systems, has polluted the ecosystem and
contaminated soil, groundwater, sewer systems and storm drains; and
WHEREAS, the Attorney General's August 2008 Guidelines for the Security and Non -
Diversion of Marijuana Grown for Medical Use recognizes that the cultivation or other
concentration of marijuana in any location or premises without adequate security increases the
risk that nearby homes or businesses may be negatively impacted by nuisance activity such as
loitering or crime; and
WHEREAS, the negative effects on the public health, safety and welfare described above
are likely to occur, and continue to occur, in the City due to the establishment and operation of
medical marijuana cultivation and/or processing activities; and
WHEREAS, the California Constitution grants charter cities the power to make and
enforce all ordinances and regulations with respect to municipal affairs. Section 7 of Article XI
of the California Constitution provides that a city may make and enforce within its limits all
police, sanitary and other ordinances and regulations not in conflict with general laws; and
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WHEREAS, the City of Anaheim, as a charter city, by and through its City Council, has
and may exercise all powers necessary to ensure the general welfare of its inhabitants; and
WHEREAS, the City's prior enactment of ordinances banning storefront and mobile
medical marijuana dispensaries codify and reflect the City's determination that medical
marijuana operations pose a significant threat to the public health, safety and welfare, which the
City has sought to avoid through the exercise of its local powers and control; and
WHEREAS, the Act provides that if cities do not exercise their local powers and
authority to enact a land use regulation or ordinance banning medical marijuana cultivation and
cultivation activities, state law will control and allow such activities as provided for in the Act;
and
WHEREAS, the City desires to exercise its local power and authority to enact a land use
regulation banning medical marijuana cultivation and processing as part of Title 4 of the
Anaheim Municipal Code, which contains a number of land use regulations, including the
regulations prohibiting storefront and mobile medical marijuana dispensaries; and
WHEREAS, pursuant to the California Environmental Quality Act (Public Resources
Code Section 21000 et seq.; herein referred to as "CEQA") and the State of California
Guidelines for Implementation of the California Environmental Quality Act (commencing with
Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "State
CEQA Guidelines"), the City is the "lead agency" for the preparation and consideration of
environmental documents for this ordinance; and
WHEREAS, the City Council finds and determines that this ordinance is not subject to
CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines, because
it will not result in a direct or reasonably foreseeable indirect physical change in the environment
and is not a "project", as defined in Section 15378 of the CEQA Guidelines; and
WHEREAS, based on the findings, above, the City Council has determined that there
exists a current and immediate threat to public health, safety and welfare if the City does not add
Chapter 4.19 to the Municipal Code to ban the cultivation and processing of medical marijuana
and cannabis in the City of Anaheim and to prohibit the issuance or approval of business
licenses, subdivisions, use permits, variances, building permits, or any other applicable
entitlement for marijuana cultivation; and
WHEREAS, it is in the interest of the City, its residents, and its lawfully permitted
businesses that the City adopt this land use ordinance to expressly prohibit the establishment and
operation of marijuana cultivation and/or processing establishments or activities, as well as the
issuance of any use pen -nit, variance, building permit, or any other entitlement, license, or permit
for any such activity, except where the City is preempted by federal or state law from enacting a
prohibition on any such establishment or activity or a prohibition on the issuance of any use
permit, variance, building permit, or any other entitlement, license, or permit for any such
activity; and
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WHEREAS, the City Council determines that this ordinance is a matter of City-wide
importance and necessary for the preservation and protection of the public health, safety and
welfare of the citizens of the City of Anaheim and is enacted pursuant to California Health and
Safety Code Sections 11362.5(c)(2) and 11362.83 and the City's police power, as granted
broadly under Section 7 of Article XI of the California Constitution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1.
That new Chapter 4.19 (Medical Marijuana Cultivation and Processing) be, and the same
is, hereby added to Title 4 of the Anaheim Municipal Code to read in full as follows:
CHAPTER 4.19 MEDICAL MARIJUANA CULTIVATION
AND PROCESSING
Sections:
4.19.010 Purpose and Findings.
4.19.020 Definitions.
4.19.030 Medical Marijuana Cultivation and
Processing Prohibited.
4.19.040 Use or Activity Prohibited by State or
Federal Law.
4.19.050 Public Nuisance Declared.
4.19,010 PURPOSE AND FINDINGS.
The City Council finds that federal and state laws prohibiting the
possession, distribution, cultivation and processing of marijuana preclude
the establishment or operation of City -sanctioned or permitted Medical
Marijuana Cultivation or Medical Marijuana Processing facilities or
activities. In order to promote and ensure the health, safety and welfare of
the City and its residents, the declared purpose of this chapter is to prohibit
Medical Marijuana Cultivation and Medical Marijuana Processing
activities, operations or facilities as provided in this chapter.
For purposes of this chapter, the following definitions shall apply:
.010 "Medical Marijuana Cultivation" means any activity
involving the growing, planting, harvesting, fanning, drying, curing,
grading, or trimming of medical marijuana or medical cannabis.
.020 "Medical Marijuana Processing" means any method or
activity used to prepare medical marijuana or medical cannabis or their
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by-products for commercial retail and/or wholesale use, including but not
limited to: drying, cleaning, curing, packaging, and extraction of active
ingredients to create marijuana -related products and concentrates.
4.19.030 MEDICAL MARIJUANA CULTIVATION AND
PROCESSING PROHIBITED
Notwithstanding any other provision of this Code to the contrary
(including but not limited to any definitional sections), Medical Marijuana
Cultivation and/or Medical Marijuana Processing shall be prohibited 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 Medical Marijuana Cultivation or Medical Marijuana
Processing, 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, valiance, building permit, or any other entitlement, license, or
permit is sought.
4.19.040 USE OR ACTIVITY PROHIBITED BY STATE OR
FEDERAL 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,
4.19.050 PUBLIC NUISANCE DECLARED.
Medical Marijuana Cultivation or Medical Marijuana Processing
within the City of Anaheim in violation of the provisions of this chapter is
hereby declared a public nuisance and may be abated by all available
means.
SECTION 2. EXISTING NONCONFORMING USES.
Any Medical Marijuana Cultivation or Medical Marijuana Processing facility, operation
or activity existing or operating within the City of Anaheim on the effective date of this
ordinance shall cease operations forthwith.
SECTION 3. SEVERABILITY.
The City Council of the City of Anaheim hereby declares that should any section,
paragraph, sentence or word of this ordinance hereby adopted be declared for any reason to be
invalid, it is the intent of the City Council that it would have passed all other portions of this
ordinance independent of the elimination herefrom of any such portion as may be declared
invalid.
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SECTION 4. SAVINGS CLAUSE.
Neither the adoption of this ordinance nor the repeal of any other ordinance of this City
shall in any manner affect the prosecution for violations of ordinances, which violations were
committed prior to the effective date hereof, nor be construed as a waiver of any license or
penalty or the penal provisions applicable to any violation thereof. The provisions of this
ordinance, insofar as they are substantially the same as ordinance provisions previously adopted
by the City relating to the same subject matter, shall be construed as restatements and
continuations, and not as new enactments.
SECTION 5. CERTIFICATION; PUBLICATION BY CLERK.
The City Clerk shall certify to the passage of this ordinance and shall cause this ordinance or
a summary thereof to be printed once within fifteen (15) days after its adoption in the Anaheim
Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect and be in full force thirty (30) days from and after its final
passage.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the -1_5thday Of , December_, 2015, and thereafter
passed and adopted at a regular meeting of said City Council held on the 12th day of
January-, 2016, by the following roll call vote:
AYES: Mayor Tait and Council Members Kring, Murray, Brandman,
and Vanderbilt
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF ANAHEIM
By:
MAOR OF THE CiTY OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
113368-v4/KP
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CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM
I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Ordinance No. 6354 introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 15th day of December, 2015 and that the same was duly passed and
adopted at a regular meeting of said City Council held on the 12th day of January, 2016, by the
following vote of the members thereof:
AYES: Mayor Tait and Council Members Kring, Murray, Brandman, and
Vanderbilt.
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand this 12th day of January 2016.
CITY CLERK OF THE CIT OF ANAHEIM
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CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Ordinance No. 6354 and was published in the Anaheim Bulletin on the 21st day of
January, 2016.
. _ CITY CLERK OF THE CITY OF A NAHEIM
(SEAL) -:
PROOF OF PUBLICATION
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, ) " - -
) SS.
County of Orange
I am a citizen of the United States and a resident
of the County aforesaid, I am over the age of
eighteen years, and not a party to or interested in
the above -entitled matter. I am the principal
clerk of the Anaheim Bulletin, a newspaper that
has been adjudged to be a newspaper of general
circulation by the Superior Court of the County
of Orange, State of California, on December 28,
1951, Case No. A-21021 in and for the City of
Anaheim, County of Orange, State of California;
that the notice, of which the annexed is a true
printed copy, has been published in each regular
and entire issue of said newspaper and not in any
supplement thereof on the following dates, to
wit:
January 21, 2016
"I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct":
Executed at Santa Ana, Orange County,
California, on
Date: January 21, 2016
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 796-2209
Proof of Publication of
Paste Clipping of
Notice
SECURELY
In This Space
SUMMARY PUBLICATION
CITY OF ANAHEIM
ORDINANCE NO. 6354
AN ORDINANCE OF THE CITY OF ANAHEIM ADDING CHAP-
TER 4.19 (MEDICAL MARIJUANA CULTIVATION AND PROCESS-
ING) TO TITLE 4 OF THE ANAHEIM MUNICIPAL CODE TO
PROHIBIT MEDICAL MARIJUANA CULTIVATION AND PROC-
ESSING ACTIVITIES IN THE CITY OF ANAHEIM AND DETER-
MINING PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEOA) THAT THIS ORDINANCE IS NOTA PROJ-
ECT PURSUANT TO SECTIONS 15060(C)(2), 15060(q(3) AND
15378 OF THE CEQA GUIDELINES.
This ordinance adds Chapter 4.19 (Medical Marijuana Cultivation and Processing) to Title 41
(Business
ness Regulation) of the Anaheim Municipal Code for the purpose of prohibiting (1) 1
Bul,' a, Marijuana Cultivation and Medical Marijuana Processing activities, operations or i
facilities in the City of Anaheim and (2) the issuance or approval of use permits, variances,
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building permits, or any other entitlement, license, or permit, whether administrative or dis-
cretionary, for Medical Marijuana Cultivation and Medical lylarpivana Processing activities,
operations or facilities, except where the City is preempted by ederal or state law from ern
acting a prohibition on any such activity.
1, Linda N. AnclaJ, City Clerk of the City of Anaheim, do hereby certify that the foregoing is a
summary of Ordinance No. 6354, which ordinance was introduced at a regular meeting of
the City Council of the City of Anaheim on the 15th day of December, 2015 and was uty
passed and adopted at a regular meeting of said Council held on the 12th day of January,
2016 by the ng roll call vote of the members thereof:
AYES: Mayor Tait and Council Members Kring, Murray, Brandman and Vanderbilt
NOES: None
ABSENT: None
ABSTAIN: None
The above summary is a brief description of the subject matter contained in the text of Or-
dinance No. 6354, which has been prepared pursuant to Section 512 of the Charter of the
City of Anaheim. This summary does not include or describe every provision of the ordi-
nance and should not be relied on as a substitute for the full text of the ordinancb. .
To obtain a copy of the full text of the ordinance, please contact the Office of the City
Clerk, (714) 765-5166, between 8:00 AM and 5:00 PM, Monday through Friday: There is no
charge for the copy.
Publish: Anaheim Bulletin January 21, 201 61 0127654