HomeMy WebLinkAboutORD NO. 23-1469 (CANNABIS) Page 1 of 5 ORD NO. 23-1469
CITY OF HERMOSA BEACH
ORDINANCE NO. 23-1469
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA APPROVING ZONE TEXT AMENDMENT 23-03, TO
AMEND PORTIONS OF THE HERMOSA BEACH MUNICIPAL CODE TITLE 17
RELATING TO COMMERCIAL CANNABIS ACTIVITIES AND MOBILE
CANNABIS DISPENSARIES AND DETERMINE THE AMENDMENT IS EXEMPT
FROM THE CALIFORNIA ENVIRONEMNTAL QUALITY ACT (CEQA)
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1. Whereas the City Council adopted Ordinance No. 22-1449
adding Chapter 5.80 of the Hermosa Beach Municipal Code relating to cannabis
delivery in the City on September 13, 2022, and staff has since identified
conflicting regulations between Title 17 and Chapter 5.80.
SECTION 2. The Planning Commission held a duly noticed public hearing on
July 18, 2023, to consider Text Amendment 23-03 to amend Hermosa Beach
Municipal Code Title 17, relating to mobile cannabis dispensaries (delivery)as
described herein and approved by Planning Commission Resolution 23-09.
SECTION 3. The City Council held a duly noticed public hearing on
September 12, 2023 to consider amendments to portions of Hermosa Beach
Municipal Code Title 17 as described in Sections 6 through 12 herein.
SECTION 4. Under Section 15061(b)(3) of the California Environmental
Quality Act (CEQA), the ordinance qualifies as a “common sense exemption” as
CEQA only applies to projects which have the potential for causing a significant
effect on the environment.
SECTION 5. The City Council finds the proposed amendments are consistent
with the City’s General Plan. The ordinance will also comply with State requirements.
The amendments will not impede the City’s ability to meet its General Plan goals,
and the amendments are necessary to carry out the purposes of the Zoning
Ordinance, including the orderly planned use of land resources.
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SECTION 6. The following alphabetical list of definitions in Section 17.04.050
(Commercial land use definitions) of Chapter 17.04 (Definitions) of Title 17 (Zoning)
is amended to read as follows:
Commercial cannabis activity means cultivation, manufacture, processing,
storing, laboratory testing, labeling, transporting, distribution, packaging, delivery
or sale of cannabis or cannabis products for medical and nonmedical use or any
other purpose and includes the activities of any business licensed by the state or
other government entity under Division 10 of the California Business and
Professions Code, or any provision of state law that regulates the licensing of
cannabis businesses. This definition also includes medical marijuana dispensary.
This definition excludes mobile cannabis dispensaries.
Mobile cannabis dispensaries means any dispensary, clinic, cooperative,
association, club, business or group which transports or delivers, or arranges the
transportation or delivery of, cannabis to a person in the City from a location
outside the City. This definition includes businesses engaged in Cannabis Delivery.
Nothing in this definition shall be construed to allow for the parking or storing of a
vehicle or mobile trailer in the City and the use of this vehicle or mobile trailer for
any commercial cannabis activity.
SECTION 7. The following alphabetical list of permitted uses in Section
17.08.020 (Permitted uses) of Chapter 17.08 (R-1 Single-Family Residential Zone) of
Title 17 (Zoning) is amended to include:
V. Mobile Cannabis Dispensaires
SECTION 8. The following alphabetical list of permitted uses in Section
17.18.020 (Permitted uses) of Chapter 17.18 (MHP Mobile Home Park Zone) of Title
17 (Zoning) is amended to include:
C. Mobile Cannabis Dispensaires
SECTION 9. The following alphabetical list of permitted uses in Section
17.26.030 (C-1, C-2 and C-3 land use regulations) of Chapter 17.26 (C-1, C-2 and
C-3 Commercial Zones) of Title 17 (Zoning) is amended to include:
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C-1, C-2 and C-3 ZONES, LAND USE REGULATIONS
Uses C1 C2 C3 See Section
Mobile cannabis dispensaries P P P 17.42.110
SECTION 10. The following alphabetical list of permitted uses in Section
17.26.030 (C-1, C-2 and C-3 land use regulations) of Chapter 17.26 (C-1, C-2 and
C-3 Commercial Zones) of Title 17 (Zoning) is hereby deleted:
C-1, C-2 and C-3 ZONES, LAND USE REGULATIONS
Uses C1 C2 C3 See Section
Cannabis delivery - - - 17.42.110
SECTION 11. The following alphabetical list of permitted uses in Section
17.28.020 (Permitted uses) of Chapter 17.28 (M-1 Light Manufacturing Zone) of Title
17 (Zoning) is amended to include:
M-1 ZONE, LAND USE REGULATIONS
Uses See Section
Mobile cannabis dispensaries P 17.42.110
SECTION 12. Section 17.42.110 (Commercial cannabis activities and
cannabis cultivation prohibited) of Chapter 17.42 (General Provision, Conditions
and Exceptional Uses) of Title 17 (Zoning) is amended to read as follows:
17.42.110 Commercial cannabis activities and cannabis cultivation
A. The purpose of this section is to expressly prohibit the establishment of
certain commercial cannabis uses in the City. The City Council finds that
prohibitions on certain commercial cannabis activity are necessary for the
preservation and protection of the public health, safety and welfare of the
City. The prohibition of such uses is within the authority conferred upon the
City Council by state law and is an exercise of its police powers to enact
and enforce regulations for the public health, safety and welfare of the
City. Nothing in this chapter shall be interpreted to conflict with state law,
including without limitation the Compassionate Use Act, the Control,
Regulate, and Tax Adult Use of Marijuana Act (AUMA) and the MAUCRSA,
Page 4 of 5 ORD NO. 23-1469
as may be amended. Nothing in this section is intended to prohibit a
primary caregiver from providing medical cannabis to a qualified patient
as those terms are defined by state law.
B. Except as provided in this chapter, Commercial cannabis activities are
expressly prohibited in all zones in the City.
C. A property owner shall not rent, lease or otherwise permit any person or
business that engages in commercial cannabis activity to occupy real
property in the City. A property owner shall not allow any person or business
to establish, operate, maintain, conduct, or engage in commercial
cannabis activity on any real property owned or controlled by that
property owner that is located in the City.
D. No person or entity may cultivate cannabis at any location in the City,
except:
1. A person may cultivate no more than six (6) living cannabis plants
inside a private residence in accordance with Health and Safety
Code Section 11362.2; and
2. Where the City is preempted by federal or state law from enacting a
prohibition on such cultivation.
E. Mobile cannabis dispensaries:
1. Businesses with physical locations solely outside city limits are
permitted to engage in cannabis delivery within city limits provided
the business is in compliance with Chapter 5.80 and all other
applicable State and local law.
F. Violations and Remedies.
1. Criminal Penalties. Any violation of any provision of this chapter shall
be deemed a misdemeanor and shall be punishable in accordance
with Chapter 1.04.
2. Any use or condition caused, or permitted to exist, in violation of any
provision of this section shall be, and hereby is declared to be, a
public nuisance and may be abated by the City pursuant to Code
of Civil Procedure Section 731 and Chapter 8.28 and any other
remedy available by law to the City.
SECTION 13. If any provision of this ordinance or its application to any person
or circumstance is held to be invalid, such invalidity has no effect on the other
provisions or applications of the ordinance that can be given effect without the
invalid provision or application, and to this extent, the provisions of this resolution
Page 5 of 5 ORD NO. 23-1469
are severable. The City Council declares that it would have adopted this
resolution irrespective of the invalidity of any portion thereof.
SECTION 14. Effective Date. This Ordinance shall take effect thirty (30) days
after its passage and adoption pursuant to California Government Code section
36937. The City Council finds and declares that the adoption and implementation
of this ordinance is necessary for the immediate preservation and protection of
the public peace, health and safety as detailed above by the City, pursuant to
Government Code section 36937.
SECTION 15. Certification. The City Clerk is directed to certify the passage
and adoption of this Ordinance; cause it to be entered into the City’s book of
original ordinances; make a note of the passage and adoption in the records of
this meeting; and, within fifteen (15) days after the passage and adoption of this
Ordinance, cause it to be published or posted in accordance with California law.
PASSED, APPROVED and ADOPTED on this 26th day of September, 2023.
Mayor Raymond A. Jackson
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA
ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________
Myra Maravilla, MPA, CMC Patrick Donegan
City Clerk City Attorney
State of California ) County of Los Angeles ) ss
City of Hermosa Beach )
October 25, 2023
Certification of Council Action
ORDINANCE NO. 23-1469
An ordinance OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA APPROVING ZONE TEXT AMENDMENT 23-03, TO AMEND PORTIONS OF THE HERMOSA BEACH MUNICIPAL CODE TITLE 17
RELATING TO COMMERCIAL CANNABIS ACTIVITIES AND MOBILE CANNABIS DISPENSARIES AND DETERMINE THE AMENDMENT IS EXEMPT FROM THE CALIFORNIA ENVIRONEMNTAL QUALITY ACT (CEQA)
I, Myra Maravilla, City Clerk of the City of Hermosa Beach do hereby certify that
the above and foregoing Ordinance No. 23-1469 was duly approved and
adopted by the City Council of said City at its regular meeting thereof held on
the 26th day of September 2023 and passed by the following vote:
AYES:
NOES:
MAYOR JACKSON, MAYOR PRO TEM MASSEY,
COUNCILMEMBERS FRANCOIS, SAEMANN, and DETOY
NONE
ABSTAIN: NONE
ABSENT: NONE
________________________________
Myra Maravilla, MPA, CMC
City Clerk