O26311
City Council Meeting: February 25, 2020 Santa Monica, California
ORDINANCE NUMBER 2631 (CCS)
(City Council Series)
AN INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA EXTENDING INTERIM ZONING ORDINANCES NUMBER
2557 (CCS) AND 2566 (CCS), WHICH REPLACED THE TERM “MEDICAL
MARIJUANA DISPENSARY” WITH “MEDICINAL CANNABIS RETAILER”
THROUGHOUT THE CITY’S ZONING ORDINANCE, CHAPTER 9.01
THROUGH CHAPTER 9.52 OF ARTICLE 9 OF THE SANTA MONICA
MUNICIPAL CODE; CREATED A DEFINITION FOR “MEDICINAL CANNABIS
RETAILER” TO REPLACE THE DEFINITION FOR “MEDICAL MARIJUANA
DISPENSARY” TO CONFORM WITH STATE LAW; REMOVED CERTAIN
REQUIREMENTS FOR MEDICINAL CANNABIS RETAILERS FOR
CONSISTENCY WITH STATE LAW AND TO ALLOW FOR SEPARATE
REGULATION AND RULEMAKING; AND MODIFIED THE DEFINITION OF
“INDUSTRY, LIMITED” TO ALLOW FOR MEDICINAL CANNABIS LIGHT
MANUFACTURING
WHEREAS, the State of California has had a long history of regulating
medicinal cannabis uses within the State; and
WHEREAS, in 1996, California voters approved Proposition 215 (codified
at Health and Safety Code section 11362.5 and titled the “Compassionate Use Act
of 1996”), which provides criminal immunity for patients and primary caregivers for
the cultivation and possession of cannabis if a doctor has recommended the
cannabis for medical purposes; and
WHEREAS, in 2004, Senate Bill 420 was enacted (codified at Health and
Safety Code section 11362.7 et seq. and titled the “Medical Marijuana Program
Act”) to clarify the scope of the Compassionate Use Act of 1996; and
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WHEREAS, the Medical Marijuana Program Act allows cities and other
governing bodies to adopt and enforce laws consistent with its provisions; and
WHEREAS, neither the Compassionate Use Act of 1996 nor the Medical
Marijuana Program Act provided an effective statewide regulatory system for the
medical cannabis industry, and this lack of uniform regulation created uncertainty
about the legality of medical cannabis activities and endangered the safety of end
users, who have not had the benefit of a monitored supply chain for medical
cannabis, quality control, testing or labeling requirements; and
WHEREAS, in 2015, Assembly Bills 243 and 266 and Senate Bill 643 were
enacted (codified at Business and Professions Code section 19300 et seq. and
titled the “Medical Marijuana Regulation and Safety Act”) and provided for
enhanced statewide marijuana regulations; and
WHEREAS, Assembly Bills 243 and 266 and Senate Bill 643 also amended
provisions of the Medical Marijuana Program Act related to the cultivation of
medical marijuana; and
WHEREAS, in November 2016, voters approved Proposition 64, the Adult
Use of Marijuana Act (“AUMA”), pursuant to which adults 21 years of age or older
may legally grow, possess, and use cannabis for nonmedicinal purposes, with
certain restrictions; and
WHEREAS, beginning on January 1, 2018, AUMA authorizes the sale and
distribution of cannabis for nonmedicinal purposes through a licensed business;
and
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WHEREAS, in 2017, the State legislature enacted Senate Bill 94 which
created the Medicinal and Adult-Use Cannabis Regulation and Safety Act
(“MAUCRSA”) which establishes a robust set of regulations for the medicinal and
adult use cannabis markets, aligns all permit types, and authorizes certain state
agencies to establish rules governing cannabis operations and to implement the
law; and
WHEREAS, MAUCRSA continues to preserve local control over cannabis-
related uses by (1) requiring medicinal cannabis businesses to obtain both a state
license and a local license or permit, if required, to operate legally in California, (2)
terminating the ability of a medicinal cannabis business to operate if its local
license or permit is terminated, (3) continuing to authorize local governments to
enforce local cannabis-related laws, (4) providing for penalties for unlicensed
activities, and (5) expressly protecting local licensing practices, zoning and
business regulation laws, and local actions taken under the constitutional police
power; and
WHEREAS, consistent with State actions, the City Council, when adopting
its comprehensive update to its Zoning Ordinance in 2015, contemplated
authorizing two medicinal cannabis retailers within the City to serve local needs;
and
WHEREAS, it is necessary to amend certain provisions of the Zoning
Ordinance to ensure consistency with the State law revisions that have occurred
since the Zoning Ordnance adoption in 2015 and to remove certain provisions that
are duplicative of State law; and
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WHEREAS, certain provisions of the Zoning Ordinance related to medicinal
marijuana retailers are more appropriately addressed through regulatory
rulemaking; and
WHEREAS, the City Council, after reviewing public input, further directed
staff to consider authorizing limited medicinal cannabis manufacturing facilities
within the City; and
WHEREAS, providing for light manufacturing of medicinal cannabis
products provides greater access to patients in need while protecting public health,
safety and general welfare by prohibiting manufacturing that uses volatile solvents;
and
WHEREAS, on October 24, 2017, the City Council adopted Interim Zoning
Ordinance Number 2557 (CCS) (“Interim Zoning Ordinance 2557”) which replaced
the term “medical marijuana dispensary” with “medicinal cannabis retailer”
throughout the Zoning Ordinance, crated a definition for “medicinal cannabis
retailer” to replace the definition for “medical marijuana dispensary” to conform with
State law; removed certain requirements for medicinal cannabis retailers for
consistency with State law and to allow for separate and more effective regulatory
rulemaking; and modified the definition of “industry, limited” to allow for medicinal
cannabis light manufacturing; and
WHEREAS, on December 12, 2017, the City Council adopted Interim
Zoning Ordinance Number 2566 (CCS) (“Interim Zoning Ordinance 2566”) to
extend the amendments to the Zoning Ordinance enacted pursuant to Interim
Zoning Ordinance 2557 until April 20, 2020 in order to allow for a more
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comprehensive review of commercial cannabis uses by City staff and the Planning
Commission; and
WHEREAS, since the adoption of Interim Zoning Ordinance 2566, the City
as commenced the medicinal cannabis retailer selection process but has not yet
issued any permits to allow operation of a medicinal cannabis retailer in the City;
and
WHEREAS, the City has only recently issued one permit to allow operation
of medicinal cannabis light manufacturing activities in the City; and
WHEREAS, the City desires to extend the interim regulations adopted by
Interim Zoning Ordinance 2557 and extended by 2566 in order to allow the
medicinal cannabis retailer permitting process to conclude and provide adequate
time for assessment of operational experiences for both medicinal cannabis
retailers and medicinal cannabis light manufacturing prior to making permanent
changes to the Zoning Ordinance; and
WHEREAS, the City Council finds and declares that there continues to exist
a current and immediate threat to the public health, safety and general welfare that
requires the extension of Interim Zoning Ordinances 2557 (CCS) and 2566 (CCS)
to January 23, 2023 in that the revisions to the Zoning Ordinance adopted pursuant
to Interim Zoning Ordinances 2557 (CCS) and 2566 (CCS) provide for consistency
with State law and allow for greater access to medicinal cannabis for patients in
need.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES HEREBY ORDAIN AS FOLLOWS:
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SECTION 1. Interim Zoning Regulations. Santa Monica Municipal Code
Chapters 9.01 through 9.52 are hereby amended as follows:
(a) The term “Medical Marijuana Dispensary” shall be replaced with
“Medicinal Cannabis Retailer” throughout.
(b) Santa Monica Municipal Code Section 9.31.185 is hereby amended
to read as follows:
9.31.185 Medicinal Cannabis Retailers
A. Purpose. The purpose of this Subsection is to ensure that the
development of Medicinal Cannabis Retailers does not adversely impact adjacent
parcels or the surrounding neighborhoods in which they are located and that they
will be developed in a manner that protects the health, safety and general welfare
of nearby residents and businesses while providing for the needs of all segments
of the community. Medicinal Cannabis Retailers shall be permitted, located,
developed and operated consistent with the following development standards:
B. Conditional Use Permit. Each Medicinal Cannabis Retailer shall
be subject to the approval of a Conditional Use Permit by the Planning
Commission, appealable to the City Council.
C. Number and Location. A maximum of 2 Medicinal Cannabis
Retailers no larger than 2,500 square feet shall be permitted. Medicinal Cannabis
Retailers are prohibited within 600 feet of a Child Care and Early Education or
Family Day Care Facility, park, school, library, Social Service Center, or other
Medicinal Cannabis Retailer. The distance shall be established on the date of
application for the Conditional Use Permit.
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D.Hours of Operation. Medicinal Cannabis Retailers may operate
between the hours of 10:00 a.m. and 8:00 p.m. Monday through Saturday and
12:00 p.m. to 7:00 p.m. on Sundays.
E.Recommendations. No recommendations for medicinal cannabis
shall be issued on-site.
F.Delivery. Delivery of medicinal cannabis to patients or primary care
givers as defined in Health and Safety Code Section 11362.5 et seq. is permitted.
G.Source Requirement. Only medicinal cannabis cultivated in
California may be sold in a Medicinal Cannabis Retailer.
H.On-site Cultivation. A maximum area of 15% of the total floor area
may be used for on-site cultivation of medicinal cannabis.
I.Litter. Outdoor trash receptacles shall be available near the
entrances to and exits from the establishment. The premises shall be continuously
maintained in a safe, clean and orderly condition with twice daily litter pick-up
within 500 feet of the Medicinal Cannabis Retailer.
J.Inspections. A Medicinal Cannabis Retailer owner shall authorize
reasonable City inspection of the property by Santa Monica Code Enforcement
and Police staff or other agents or employees of the City to ensure compliance
with the conditions of approval imposed by the City in approving this project and
will bear the reasonable cost of these inspections as established by the Santa
Monica Municipal Code section 2.72.010 and Resolution No. 9905 (CCS) or any
successor legislation thereto. These inspections shall be no more intrusive than
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necessary to ensure compliance with conditions of approval.
K.Enforcement Cooperation. A Medicinal Cannabis Retailer, and all
employees thereof, shall use best efforts to assist the police in investigating and
prosecuting any violations of this Chapter consistent with constitutional provisions.
(c)Santa Monica Municipal Code Section 9.51.030(C)(5) is hereby
amended to read as follows:
Industry, Limited. Establishments engaged in light industrial activities
taking place primarily within enclosed buildings and producing minimal impacts on
nearby properties. This classification includes the manufacturing of finished parts
or products primarily from previously prepared materials; commercial laundries
and dry cleaning plants; monument works; printing, engraving, and publishing; sign
painting shops; machine and electrical shops; computer and electronic product
manufacturing; furniture and related product manufacturing; and industrial
services. It also includes the preparation, manufacturing, and/or packaging of
food, medicinal cannabis, and medicinal cannabis products for off-site use or
consumption using nonvolatile solvents, or no solvents. Typical food
manufacturing uses include canners, roasters, breweries, wholesale bakeries, and
frozen food manufacturers.
(d)Santa Monica Municipal Code Section 9.51.030(B)(22)(E) is hereby
amended to read as follows:
Medicinal Cannabis Retailer. A licensed premises which is a physical
location from which retail medicinal cannabis or medicinal cannabis products are
intended to be sold for use, pursuant to the Compassionate Use Act of 1996
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(Proposition 215), found at Section 11362.5 of the Health and Safety Code, by a
medicinal cannabis patient in California who possesses a physician’s
recommendation. The premises may be closed to the public; sales may be made
exclusively by delivery.
SECTION 2. In accordance with CEQA Guidelines Section 15061(b)(3),
this Interim Zoning Ordinance is exempt from CEQA as it can be seen with
certainty that the proposed ordinance does not have the potential to significantly
impact the environment. The change in terminology from “Medical Marijuana
Dispensary” to “Medicinal Cannabis Retailer” and the additional revisions to the
requirements for Medicinal Cannabis Retailers within the City are consistent with
recent changes to State law. The modification of the Industry, Light land use
definition maintains the allowance of light industrial activities taking place primarily
within enclosed buildings and producing minimal impacts on nearby properties.
SECTION 3. Any provision of the Santa Monica Municipal Code or any
appendix thereto inconsistent with the provisions of this Ordinance, to the extent
of such inconsistencies and no further, is hereby repealed or modified to that extent
necessary to effect the provisions of this Ordinance.
SECTION 4. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a 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 passed this Ordinance and each and every section, subsection,
sentence, clause, or phrase not declared invalid or unconstitutional without regard
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to whether any portion of the ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 5. The Mayor shall sign and the City Clerk shall attest to the
passage of this Ordinance. The City Clerk shall cause the same to be published
once in the official newspaper within 15 days after its adoption. This Ordinance
shall become effective thirty days after its adoption.
SECTION 6. This Ordinance shall be of no further force as of January 23,
2023.
APPROVED AS TO FORM:
_________________________
LANE DILG
City Attorney
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Approved and adopted this 25th day of February, 2020.
_____________________________
Kevin McKeown, Mayor
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do
hereby certify that the foregoing Ordinance No. 2631 (CCS) had its introduction
on February 11, 2020 and was adopted at the Santa Monica City Council
meeting held on February 25, 2020, by the following vote:
AYES: Councilmembers Davis, Morena, Himmelrich, Winterer, Jara,
Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
ATTEST:
_____________________________________ _________________
Denise Anderson-Warren, City Clerk Date
A summary of Ordinance No. 2631 (CCS) was duly published pursuant to
California Government Code Section 40806.
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4/30/2020