6409 ORDINANCE NO. 6409
AN ORDINANCE OF THE CITY OF ANAHEIM
ADDING CHAPTER 4.100 TO TITLE 4 OF THE
ANAHEIM MUNICIPAL CODE (COMMERICAL
MARIJUANA ACTIVITIES AND OUTDOOR
CULTIVATION) TO PROHIBIT COMMERCIAL
MARIJUANA ACTIVITIES AND BAN THE OUTDOOR
CULTIVATION OF MARIJUANA 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, in November 2016, California voters approved Proposition 64, which is
known as The Control, Regulate and Tax Adult Use of Marijuana Act(the "AUMA"); and
WHEREAS, one of the stated purposes of the AUMA is to strictly control the cultivation,
processing, manufacture, distribution, testing and sale of nonmedical marijuana through a system
of state licensing, regulation, and enforcement; and
WHEREAS, the AUMA authorizes the issuance of state licenses for "commercial
marijuana activities" which include the cultivation, possession, manufacture, distribution,
processing, storing, laboratory testing, labeling, transportation, delivery or sale of nonmedical
marijuana or marijuana products as defined in Section 26001 of the California Business and
Professions Code, which is part of the AUMA. Pursuant to the AUMA, no state license for any
commercial marijuana activities may be issued if the approval will violate local ordinances; and
WHEREAS, Business and Professions Code Section 26200, which is included in the
AUMA, expressly recognizes the authority of cities to completely prohibit commercial marijuana
activities or businesses as a valid exercise their local powers; and
WHEREAS, on July 31, 2007, the City Council adopted Ordinance No. 6067 adding
Chapter 4.20 to Title 4 of the Anaheim Municipal Code (the "Code") prohibiting the
establishment and operation of medical marijuana dispensaries; and
WHEREAS, on July 23, 2013, the City Council adopted Ordinance No. 6281 adding
Chapter 4.21 to Title 4 of the Code prohibiting the establishment or operation of mobile medical
marijuana dispensaries; and
WHEREAS, on February 3, 2015, the City Council adopted Ordinance No. 6315, which
made clarifying amendments to Chapters 4.20 and 4.21 of the Code to address enforcement
against the owner or operator of a property on which a Code violation occurs; and
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WHEREAS, on January 12, 2016, the City Council adopted Ordinance No. 6354 adding
Chapter 4.19 to the Code prohibiting medical marijuana cultivation and processing activities; and
WHEREAS, concurrent with legislative action to adopt Ordinances Nos. 6067, 6281,
6315 and 6354, the City Council considered reports of criminal activities, hazardous practices
and other persuasive, documented evidence regarding immediate threats to the public health,
safety and welfare; and
WHEREAS, despite the City's existing prohibition against all types of medical marijuana
businesses, the City has experienced numerous adverse impacts from marijuana activities as a
result of establishments that have operated illegally, including medical marijuana dispensaries
and cultivation sites; and
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, homicides, fire hazards,
and problems associated with mold, fungus, and pests; and
WHEREAS, the City's Police Department and Code Enforcement Division have
documented numerous adverse impacts caused by marijuana activities, including criminal
activities such as burglaries, armed robberies and a homicide, as well as health and safety
concerns caused by unpermitted tenant improvements, including illegal wiring of electrical
panels and unpermitted and unsafe structural modifications; and
WHEREAS, there is significant evidence that marijuana delivery services are targets of
violent crime and pose a danger to the public; 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, 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, 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 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
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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 California Police Chiefs Association has compiled an extensive report
detailing the negative secondary effects associated with storefront medical marijuana
dispensaries. The City Council hereby finds that the report contains persuasive anecdotal and
documentary evidence that both storefront and mobile medical marijuana dispensaries pose a
threat to public health, safety and welfare, and that this threat is likely to be just as great, if not
greater, with recreational marijuana dispensaries; and
WHEREAS, in Colorado, where recreational marijuana became legal and
commercialized in 2013, the Colorado Association of Chiefs of Police published a report
describing the adverse community impacts related to recreational marijuana; and
WHEREAS, during a panel discussion on the AUMA held in Anaheim on October 4,
2016, moderated by the California Police Chiefs' Association, John Jackson, Chief of Police of
Greenwood Village, a suburb of Denver, confirmed that since recreational marijuana use became
legal in Colorado, the state has experienced spikes in marijuana use by young people, traffic
fatalities involving drivers under the influence of cannabis, homelessness, and criminal
organizations moving to Colorado to produce and then illegally export marijuana to other states;
and
WHEREAS, it is reasonable to conclude that similar adverse impacts on the public
health, safety and welfare described above are likely to occur in Anaheim as a result of
commercial marijuana activities; and
WHEREAS, all of the aforementioned findings, reports, and evidence shall be included
as part of the record before the City in this matter, and are hereby incorporated into the City
Council's record and findings related to this ordinance; 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
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 desires to exercise its local power and authority to prohibit
commercial marijuana activities and ban outdoor cultivation of marijuana as part of Title 4 of the
Anaheim Municipal Code (Business Regulation); 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
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Chapter 4.100 to the Municipal Code to prohibit commercial marijuana activities and ban
outdoor cultivation of marijuana in the City of Anaheim; and
WHEREAS, it is in the interest of the City, its residents, and its lawfully permitted
businesses that the City adopt this ordinance to expressly prohibit the establishment and
operation of commercial marijuana activities and outdoor cultivation of marijuana, except where
the City is preempted by federal or state law from enacting a prohibition on any such
establishment or activity; and
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 the City's police power,
as granted broadly under Section 7 of Article XI of the California Constitution and is consistent
with the AUMA; 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. That new Chapter 4.100 (Commercial Marijuana Activities and Outdoor
Cultivation of Marijuana) be, and the same is, hereby added to Title 4 of the Anaheim Municipal
Code(Business Regulation) to read in full as follows:
CHAPTER 4.100 COMMERICIAL MARIJUANA ACTIVTIES
AND OUTDOOR CULTIVATION OF
MARIJUANA
Sections:
4.100.010 Purpose and Findings.
4.100.020 Definitions.
4.100.030 Commercial Marijuana Activities
Prohibited.
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4.100.035 Outdoor Cultivation of Marijuana
Prohibited
4.100.040 Delivery of Marijuana and Marijuana
Products Prohibited
4.100.045 Prohibited Commercial Marijuana
Activities and Outdoor Cultivation
Declared Public Nuisances
4.100.050 Use or Activity Prohibited by State or
Federal Law.
4.100.010 PURPOSE AND FINDINGS.
The City Council finds that purpose and intent of this Chapter is to
prohibit commercial activities involving nonmedical marijuana and
marijuana products and to ban the outdoor cultivation of marijuana in
order to protect the health, safety and welfare of the community.
4.19.020 DEFINITIONS.
For purposes of this chapter, the following definitions shall apply:
.010 "Marijuana " mean all parts of the plant Cannabis sativa
Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not;
the seeds thereof; the 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. "Marijuana" does
not mean "industrial hemp" as defined by Section 81000 of the Food and
Agricultural Code or Section 11018.5 of the Health and Safety Code as the
same may be amended from time to time. "Marijuana" does not include
medical marijuana defined in Chapter 4.20.
.015 "Commercial marijuana activities" includes the cultivation,
possession, manufacture, distribution, processing, storing, laboratory
testing, labeling, transportation, distribution, delivery, trade or sale of
marijuana and marijuana products by any person, entity, commercial or
business enterprise, whether for-profit or nonprofit.
.020 "Delivery" means the transfer of marijuana or marijuana products
to a location within the City of Anaheim.
.025 "Fully enclosed and secure structure" " means a code compliant
space within a building, greenhouse or other structure which has a
complete roof enclosure supported by connecting walls extending from the
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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.
.030 "Marijuana products" means marijuana that has undergone a
process whereby the plant material has been transformed into a
concentrate, including, but not limited to, concentrated cannabis, or an
edible, ingestible or topical product containing marijuana or concentrated
cannabis and other ingredients.
.035 "Outdoor cultivation" means any activity involving the planting,
growing, harvesting, drying, curing, grading, or trimming of marijuana
that is not within a fully enclosed and secure structure.
4.100.030 COMMERCIAL MARIJUANA ACTIVITIES
PROHIBITED
Commercial marijuana activities are prohibited in the City of Anaheim.
No use permit, variance, building peimit, or any other entitlement, license
or permit, whether administrative or discretionary, shall be approved or
issued for commercial marijuana activities. It shall be unlawful for any
person or entity to own, manage, conduct, or operate, or as a landlord or
land owner (or as such landlord or land owner's agent, property manager
or similar person having control over real property on behalf of its owner)
to allow or permit to exist, or be established, conducted, operated, owned
or managed on or within real property owned or controlled by such
person, any commercial marijuana activity or to participate as a landlord,
lessor, land owner, employee, contractor, agent or volunteer, or in any
other manner or capacity, in any commercial marijuana activity. Each day
a violation of this provision of this chapter is committed, or permitted to
continue, shall constitute a separate offense.
4.100.035 OUTDOOR CULTIVATION OF MARIJUANA
PROHIBITED
Outdoor cultivation of marijuana by any person owning, leasing,
occupying, or having charge or possession of any parcel within any zoning
district in the city is prohibited. It shall be unlawful for any person or
entity to own, manage, conduct, or operate, or as a landlord or land owner
(or as such landlord or land owner's agent, property manager or similar
person having control over real property on behalf of its owner) to allow
or permit to exist, or be established, conducted, operated, owned or
managed on or within real property owned or controlled by such person,
the outdoor cultivation of marijuana or to participate as a landlord, lessor,
land owner, employee, contractor, agent or volunteer, or in any other
manner or capacity, in the outdoor cultivation of marijuana. Each day a
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violation of this provision of this chapter is committed, or permitted to
continue, shall constitute a separate offense.
4.100.040 DELIVERY OF MARIJUANA AND MARIJUANA
PRODUCTS PROHIBITED
Delivery of marijuana or marijuana products is prohibited within the City
of Anaheim.
4.100.045 PROHIBITED COMMERCIAL MARIJUANA
ACTIVITIES AND OUTDOOR CULTIVATION
DECLARED A PUBLIC NUISANCE
The establishment, maintenance, or operation of any commercial
marijuana activity or outdoor cultivation of marijuana in violation of this
Chapter within the City is hereby declared to be a public nuisance and
may be abated by all available means.
4.100.050 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.
SECTION 2. EXISTING NONCONFORMING USES.
Any business operation or outdoor cultivation 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.
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
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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 2 5 th day of Apr i l , 2017, and thereafter
passed and adopted at a regular meeting of said City Council held on the 9th day of
May , 2017, by the following roll call vote:
Mayor Tait and Council Members Vanderbilt, Murray, Barnes,
AYES: Moreno, Kring, and Faessel
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF ANAHEIM
By:
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
121727v7
8
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. 6409 introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 25th day of April, 2017, and that the same was duly passed and adopted at
a regular meeting of said City Council held on the 9th day of May, 2017, by the following vote of
the members thereof:
AYES: Mayor Tait and Council Members Vanderbilt, Murray, Barnes, Moreno,
Kring, and Faessel
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand this 9th day of May, 2017.
, �A�2ko
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
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:
May 18, 2017
"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: May 18, 2017
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714)796-2209
PROOF OF PUBLICATION
PUBLICATION
CITY OF ANAHEIM
ORDINANCE NO. 6409
AN ORDINANCE OF THE CITY OF ANAHEIM ADDING
CHAPTER 4.100 TO TITLE 4 OF THE ANAHEIM MUNICIPAL
CODE (COMMERICAL MARIJUANA ACTIVITIES AND
OUTDOOR CULTIVATION) TO PROHIBIT COMMERCIAL
MARIJUANA ACTIVITIES AND BAN THE OUTDOOR
CULTIVATION OF MARIJUANA IN THE CITY OF ANAHEIM
AND DETERMINING PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) THAT THIS
115060(CA 2),E5060(IS C) (3) OT AN PROJECT THE CEQA GANT UINSECTIONS
This ordinance adds Chapter 4.100 (Commercial Marijuana Activities
and Outdoor Cultivation) to Title 4 (Business Regulation) of the Ana-
heim Municipal, Code for the Purpose of prohibiting.oll commercial
.... .,.,,..ems , hi„h inri„dcc the ndtivation. possession, man- t
in, delivery, trade or sale of marijuana ona maniva-
any person, entity, commercial or business enter -
>r -profit or nonprofit. This ordinance also bans the
on of mariivana, which includes any activity involy-
, growing, harvesting, drying, curing, grading or
•iivana that is not within a fully enclosed and secure
)rdinance does not alter the ordinances adopted. by
I, Linda N. Andal, City Clerk of the City of Anaheim, do hereby certi-
fy that the foregoing is a summary of Ordinance No. 6409, which ordi-
nance was introduced at a regular meeting of the City Council of the
City of Anaheim on the 25th day of April, 2017 and was duly passed
of M, adopted by the regular cnl Ifvote of the members thereofh day
AXES:Mayor Tait and Council Members Vanderbilt, Murray,
Barnes, Moreno, Kring, and Faesset- -
NOES: None
ABSENT: None
ABSTAIN: None
The above summary is a brief description of the subiect matter con-
tained in the text of Ordinance No. 6409, which has been prepared Pur-
suant to Section 512 of the Charter of the City of Anaheim. This sum.
mary does not include or describe every provision of the ordinance
and should not be relied on as a substitute for the full text of the ordi;
nonce.
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.
122679/LHM Publish: Anaheim Bulletin May 18, 201710948653