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HomeMy WebLinkAboutAgenda Report - October 15, 2014 J-01AGENDA ¡TEM J-OI Crrv or Loor CouNcIr, C otvtMUNIcATIoN TM AGENDA TITLE: MEETING DATE: October 15,2014 PREPARED BY: City Clerk Ordinance No. 1898 Entitled, "An Ordinance of the Lodi City Council Amending Lodi Municipal Code Title I - Health and Safety - by Adding Chapter 8.30, 'Regulation of Marijuana Cultivation,'Within the City of Lodi" RECOMMENDED ACTION Motion waiving reading in full and (following reading by title) adopting the attached Ordinance No. 1898. BACKGROUND INFORMATION Ordinance No. 1898 entitled, "An Ordinance of the Lodi City Council Amending Lodi Municipal Code Title 8 - Health and Safety - by Adding Chapter 8.30, 'Regulation of Marijuana Cultivation,'Within the City of Lodi," was introduced at the regular City Council meeting of October 1,2014. ADOPTION: With the exception of urgency ordinances, no ordinance may be passed within five days of its introduction. Two readings are therefore required - one to introduce and a second to adopt the ordinance. Ordinances may only be passed at a regular meeting or at an adjourned regular meeting; except for urgency ordinances, ordinances may not be passed at a special meeting. ld. All ordinances must be read in full either at the time of introduction or at the time of passage, unless a regular motion waiving further reading is adopted by a majority of all council persons present. Cal. Gov't Code $ 36934. Ordinances take effect 30 days after their final passage. CaL Gov't Code $ 36937. This ordinance has been approved as to form by the City Attorney. FISCAL IMPACT Not applicable. FUNDING AVAILABLE: Not applicable. ifer M son Clerk JMR/pmf Attachment Stephen Schwabauer, N:\Adm APPROVED ancel.DOC Manager ORDINANCE NO. 1898 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 8 - HEALTH AND SAFETY _ BY ADDING CHAPTER 8.30,'REGULATION OF MARIJUANA CULTIVATION," WITHIN THE CITY OF LODI WHEREAS, in 1996, the voters of the State of California approved Proposition 21S, which was codified as Health and Safety Code Section 11362.5, ef seq. and entitled the Compassionate Use Act of 1996 ("CUA"); and WHEREAS, the intent of Proposition 215 was to enable persons who are in need of marijuana for medical purposes to obtain and use it under limited, specified circumstances; and WHEREAS, on January 1,2004, Senate Bill 420 (Medical Marijuana Program Act ('MMP")) became effective to clarify the scope of the Act and to allow cities and counìies to ãdopt and enforce rules and regulations consistent with SB 420 and the Act; and WHEREAS, Health and Safety Code Section 11362.83 expressly allows cities and counties to adopt and enforce ordinances that are consistent with SB 420, and WHEREAS, under the Federal Controlled Substances Act (21 U.S.C. 5801 et seq.), marijuana is classified as a Schedule 1 drug, meaning it has no accepted medical use. The Federal Controlled Substances Act makes it unlawful, under federal law, for any person to cultivate, manufacture, distribute or dispense, transport, or possess with the intent to manufacture, distribute or dispense, marijuana; and WHEREAS, Government Code Sections 65850(a) and 65850(cX4), provide the authority of the City of Lodi to regulate by ordinance the uses of land and the intensity of land use; and WHEREAS, the City of Lodi Police Department and residents of the City of Lodi have reported adverse impacts from the outdoor cultivation of medical marijuana within the City of Lodi, including offensive odors detectable beyond the property boundaries, increased risk of trespassing, violent crime, burglary, and theft; and WHEREAS, the strong odor of marijuana plants, which increases in intensity as the plants mature, is highly offensive to many individuals and creates an attractive nuisance, alerting people to the presence and location of mar'rjuana plants, creating an increased risk oiburglary, robbery or armed robbery because of the monetary value of the plants; and WHEREAS, the presence of marijuana plants is an attractive nuisance to minors, creating a potential hazard in areas frequented by minors, such as schools, parks, recreation centers, and similar facilities; and WHEREAS, it is the intention of the City Council of the City of Lodi that nothing in this Ordinance be deemed to conflict with the federal Controlled Substances Act (21 I U.S.C. SB41), by permitting or othenruise allowing any activity which is prohibited under the Act; and WHEREAS, the City Council of the City of Lodi is aware that the cultivation and possession of marijuana for medical purposes by -Qlalified Patients and Primary baregivers, as defin'ed under Catifornia law (Health & Safety Code, SQtt362.7(0 and 1 136ã.7(d), respectively), is permitted under state law in limited, specified circumstàáces, ii is the intention of the Council that nothing in this ordinance be construed, in any way, to expand the rights of anyone to cultivate, possess or use marijuana under itate'law, engage in any public nuisance, violate the federal Controlled Subåtance Act, or engage in any activity regarding the cultivation, distribution, use or consumption of marijuana that is otherwise prohibited by law; and WHEREAS, it is the purpose and intent of this Ordinance to ensure that marijuana grown for medical purposes remains secure and does not find its way to p"r.änr othr-er than Qualified Patients or Primary Caregivers, or illicit markets; and WHEREAS, it is the purpose and intent of this Ordinance to assist law enforcement personnel to perform their duties effectively and in accordance with California law; and WHEREAS, this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Government Code Section 15060(cX2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and Section 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEçA Guidelines, Caiifornia Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; it þrevents changes ¡ñ ttre environment pending the completion of the contemplated beneral Plan adoption and zoning ordinance review; and WHEREAS, for the protection of the public's health, safety, and general welfare, the City Council on November 7, 2012, adopted Ordinance No. 1867, an Uncodified lnterim Urgency Ordinance of the City Council of the City of Lodi, making findings and imposing ã forty+iue (a5) day moratorium on 1) the outdoor cultivation of medical marijuaña within the City of Lodi and 2) the indoor cultivation of medical marijuana that creates a public nuisance; and WHEREAS, for the continued protection of the public's health, safety, and general welfare, the City Council on December 19, 2012, adopted Ordinance No. 1868 ãnti¡ed an Uncodified lnterim Urgency Ordinance of the City Council of the City of Lodi, making findings and imposing an additional moratorium of ten (10) months and fifteen (15) dáys, as permitted by Government Code Section 65858, to maintain the current staius quo and to provide time for the City to study the issue further; and WHEREAS, for the continued protection of the public's health, safety, and general welfare, the City Council on November 6,2013, adopted Ordinance No. 1885 ðntitled an Uncodified lnierim Urgency Ordinance of the City Council of the City of Lodi, making findings and imposing an additional moratorium of one year, as permitted by Goverñment Code Section 65858, to maintain the current status quo and to provide time for the City to meet with members of the public, and to study and analyze the complicated tegat and practical issues involved in regulating the cultivation of marijuana 2 for medical use, including a review of the City's General Plan and zoning ordinances, and to make recommendations for consideration by the City Council; and WHEREAS, the City Council finds that the cultivation of marijuana within the City limits can adversely affect the health, safety, and well-being of the City and its residents; and WHEREAS, for the protection of the public's health, safety, and general welfare other California jurisdictions have adopted regulations prohibiting the outdoor cultivation of marijuana and/or regulations for indoor cultivation for medicinal use; and WHEREAS, this ordinance does not prohibit the cultivation of medical marijuana by Qualified Patients or Primary Caregivers; but merely regulates and restricts locations of where medical marijuana can be grown and the court in the case of Maral v. City of Live Oak (2013) 221 Cal.App.4th 975, held that neither the CUP or the MMP create a constitutional right to cultivate and possess marijuana and therefore cities may prohibit cultivation of marijuana within their jurisdictions. NOW, THEREFORE, BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: Section 1. Lodi Municipal Code Chapter 8.30, "Marijuana Cultivation," is hereby enacted to read as follows: CHAPTER 8.30 Marijuana Cuftivation 8.30.010 Purpose and lntent. It is the purpose and intent of this Chapter to regulate the cultivation of marijuana in a manner that protects the health, safety, and welfare of the community. Without regulation, the planting of marijuana will occur without the city's ability to control the negative effects to the health, safety and welfare of the citizens of Lodi. These negative effects include, but are not limited to, offensive odors and an increased risk of crime such as trespass, burglary and acts of violence in connection with the commission of such crimes or the attempts of citizens to prevent such crimes because of the presence of valuable marijuana plants. This Chapter is not intended to interfere with a Qualified Patient's access to medical marijuana, as provided for in California Health & Safety Code Section 11363. Further, this Chapter is not intended to give any person independent legal authority to cultivate marijuana; it is intended simply to impose restrictions on the cultivation of marijuana within city limits when cultivation is authorized by California state law for medical purposes. No part of this Chapter shall be deemed to be in conflict with federal law under the Controlled Substances Act (21 U.S.C. $801 et seq.) nor to permit any activity that is otheruvise prohibited under the Act or any other local, state or federal law, statute, rule, or regulation; including the cultivation, possession, or use of marijuana for non- medical purposes in violation of state or federal law. J 8.30.020 A. B. c D E F. G Definitions. "Cultivation" means the planting, growing, harvesting' drying or processing of any marijuana plants or any part thereof. "Medical marijuana" means marijuana authorized in strict compliance with Health and Safety Code Sections 11362.5, et seq. ,,lndoor" means inside a residential structure (as defined below). "Outdoor'' means any location within the city limits that is not a residential structure (as defined below). "Primary Caregiver" has the meaning set forth in Health and Safety Code Section 11362.7. "Qualified Patient" has the meaning set forth in Health and Safety Code Section 11362.7. "Residential Structure" means a group of rooms (including legal and functioning sleeping, eating, cooking and sanitation facilities, but not more than one kitchen) which constitutes an independent housekeeping unit, occupied or intended for occupancy by one household, located within a resid'ential zoning district (as defined in this Code), the primary use of which is as an occupieã residence. Residential Structure includes an attached or detached garage in compliance with applicable building codes' 8.30.030 Outdoor Cultivation. No person owning, renting, leasing, occupying or having charge, possession, or control of any property w¡tnin tfre City limits shall cause or allow such property to be used for the outdoor cultivation of any marijuana plant(s) for any purpose. 8.30.040 lndoor Cultivation. lndoor cultivation of medical marijuana is prohibited in all zoning districts of the city, except for residential zones. Cultivation of medical marijuana by.a Qualified Patient or'ôualified Caregiver may only occur within a residential structure. No person owning, renting, leasing, ıccupy¡nô or having charge, possession, or control of any residential structúre withiñ the Cìty shall cause or allow indoor cultivation of any marijuana to be visible from any street, sidewalk, or other place freely accessible by the public or to allow the odor of mãrijuana to permeate beyond the boundaries of the parcel or property where the indoor cultivation is occurring. Nothing in this Chapter shall be deemed to allow indoor cultivation by a Qualified Patient or Primary Caregiver for any use other than medicinal pursuant to Health & Safety Code Sections 1 1 362.5 et seq. The indoor cultivation of medical marijuana is prohibited as a home occupation. 4 8.30.050 Nuisance. Any violations of this Ordinance shall be considered and declared to be a public nuisance and may be summarily abated by the City of Lodi pursuant to Civil Code Section 731. 8.30.60 Penalties. A. Nothing in this Ordinance shall be deemed to prevent the city from instituting any appropríate legal procedures to abate, correct, enjoin or restrain any violation of this section, including civil or criminal proceedings. B. ln any civil action for injunctive relief brought pursuant to Lodi Municipal Code Chapter 1.10, a court of competent jurisdiction may award reasonable attorney's fees and costs to the prevailing party. C. Any person violating this ordinance shall be guilty of a misdemeanor and may be subject to the penalties set forth in Lodi Municipal Code Chapter 1.08. D. Each day a person is in violation of this chapter shall be considered a separate violation. E. The remedies and relief provided in this section shall be cumulative and in addition to any and all other remedies available to the city under this code and state law. Secti on2 Severabilitv. lf any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof be unconstitutional or invalid or ineffective by any court of com is for any reason held to petent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council of the City of Lodi hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. Section 3. No Mandatorv Dutv of Care. This Ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as othenvise imposed by law. Section 4: CEQA. This Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Government Code Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), Section 15060(cX3) (the activity is not a project as defined in Section 15378), and Section 15061(bX3) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for causing a significant effect to the environment. 5 Section 5. Conflict. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. Section 6. Effective Date. This Ordinance shall be published one time in the "Lodi News SenttnelJ a daily ne*spaper of general circulation printed and published in the City of Lodi, and shall be in force and take effect on November 15, 2014, which date is at least 30 days after the passage of this ordinance' Approved this 15th day of October, 2014 PHIL KATZAKIAN Mayor ATTEST: M OBISON City Clerk State of California County of San Joaquin, ss. l, Jennifer M. Robison, City Clerk of the City of Lodi, do hereby certify that OrdinanceNo. lSgSwasintroducedataregularmeetingof theCityCouncil of theCity of Lodi on October 1,2014, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held October 15, 2014 by the following vote: AYES: COUNCIL MEMBERS - Hansen, Mounce, and Mayor Katzakian NOES:COUNCIL MEMBERS - Johnson ABSENT: COUNCIL MEMBERS - Nakanishi ABSTAIN: COUNCIL MEMBERS - None I further certify that Ordinance No. 1898 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. NIF ROBISON City Clerk to Form MAGDICH 6 City Attorney PIeøs e immediøtely conJirm receípt of this føx by cøllìng 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-I9IO ADVERTISING INSTRUCTTONS SUBJECT: PUBLISH DATE: SUMMARY OF ORDINANCE NOS. I898 - 1899 SATURDAY, OCTOBER 4, 2014 LEGAL AD TEAR SHEETS WANTED: One (1) please SEND AFF¡DAVIT AND BILL TO: LNS ACCT. #O5lOO52 JENNIFER M. ROBISON, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: ORDERED BY IFER M CLERK THURSDAY, OCTOBER 2, 2014 JENNIFER M. ROBISON CITY CLERK BISON, CMC ELENA STODDARD ADMINISTRATIVE CLERK J Verify Appearance of this Legal in the Newspaper - Copy to File SEND PROOF OF ADVERTISEMENT. THANK YOU! I IFaxed to the Sentinel at 369-1084 at of all on LNS atPhoned to confirm N :\Administration\CLERK\OrdSummaries\Advins. doc CITY OF LODI ORDINANCE NO. I898 AN ORDINANEE OF TFIE LODI EITTT EOUNEIL AMENDING LODI NIUNICIPAL EODE TITLE 8 - HEALTH AND SAFETY - BY ADDING CHAPTER 8.30, "REGULATION OF MARIJUANA CULTIVATION," WITHIN THE CITY OF LODI. The purpose of this ordinance is to enact regulations regarding the cultivation of marijuana in a manner that protects the health, safety, and welfare of the community. lntroduced October 1,2014. Adoption will be considered October 15.2014. AYES: Hansen, Johnson, Mounce and Nakanishi; NOES: None; ABSENT: Mayor Katzakian. ORDINANCE NO. I899 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE GHAPTER 15.20 - F|RE CODE - BY ADDING SECTION 15.20.275, "ELECTRONIC RECORDS." The purpose of this ordinance is to permit electronic filing of records, in conformity with the California Fire Code and Title 19 of the California Code of Regulations, which will allow the City of Lodi Fire Prevention Department to meet the goal of keeping paperless records and increasing compliance. lntroduced October 1, 2014.Adootion will be consi October 1 520 1 4 AYES: Hansen, Johnson, Mounce and Nakanishi; NOES: None; ABSENT: Mayor Katzakian Jennifer M. Robison, City Clerk City of Lodi October 2,2014 Certified copies of the full text of these ordinances are available in the office of the Lodi City Clerk. DECLARATION OF POST¡NG ORDINANCE NO. I898 AN ORDINANCE OF THE LODI CITY COUNCIL AMEND¡NG LODI MUNICIPAL CODE TITLE 8 - HEALTH AND SAFETY - BY ADDING CHAPTER 8.30, "REGULATION OF MARIJUANA CULTIVATION,'' WITHIN THE CITY OF LODI On Thursday, October 2, 2014, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1898 (attached hereto, marked Exhibit "4") was posted in the Lodi City Clerk's Office. I declare under penalty of perjury that the foregoing is true and correct. Executed on October 2,2014, at Lodi, California. ORDERED BY: JENNIFER M. ROB¡SON CITY CLERK ifer M bison, CMC Elena Stoddard Administrative ClerkClerk ordsummaries\aaDecPost. doc ORDINANCE NO. 1898 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 8 - HEALTH AND SAFETY - BY ADDING CHAPTER 8.30,'REGULATION OF MARIJUANA CULTIVATION,'WITHIN THE CITY OF LODI WHEREAS, in 1996, the voters of the State of California approved Proposition 215, which was codified as Health and Safety Code Section 11362.5, ef seg. and entitled the Compassionate Use Act of 1996 ("CUA"); and WHEREAS, the intent of Proposition 215 was to enable persons who are in need of marijuana for medical purposes to obtain and use it under limited, specified circumstances; and WHEREAS, on January 1, 2004, Senate Bil 420 (Medical Marijuana Program Act ('MMP")) became effective to clarify the scope of the Act and to allow cities and counties to adopt and enforce rules and regulations consistent with SB 420 and the Act; and WHEREAS, Health and Safety Code Section 11362.83 expressly allows cities and counties to adopt and enforce ordinances that are consistent with SB 420; and WHEREAS, under the Federal Controlled Substances Act (21 U.S.C. 5801 et seq.), marijuana is classified as a Schedule 1 drug, meaning it has no accepted medical use. The Federal Controlled Substances Act makes it unlawful, under federal law, for any person to cultivate, manufacture, distribute or dispense, transport, or possess with the intent to manufacture, distribute or dispense, marijuana; and WHEREAS, Government Code Sections 65850(a) and 65850(cX4), provide the authority of the City of Lodi to regulate by ordinance the uses of land and the intensity of land use; and WHEREAS, the City of Lodi Police Department and residents of the City of Lodi have reported adverse impacts from the outdoor cultivation of medical marijuana within the City of Lodi, including offensive odors detectable beyond the property boundaries, increased risk of trespassing, violent crime, burglary, and theft; and WHEREAS, the strong odor of marijuana plants, which increases in intensity as the plants mature, is highly offensive to many individuals and creates an attractive nuisance, alerting people to the presence and location of marijuana plants, creating an increased risk of burglary, robbery or armed robbery because of the monetary value of the plants; and WHEREAS, the presence of marijuana plants is an attractive nuisance to minors, creating a potential hazard in areas frequented by minors, such as schools, parks, recreation centers, and similar facilities; and WHEREAS, it is the intention of the City Council of the City of Lodi that nothing in this Ordinance be deemed to conflict with the federal Controlled Substances Act (21 U.S.C. 5841), by permitting or othenruise allowing any activity which is prohibited under the Act; and WHEREAS, the City Council of the City of Lodi is aware that the cultivation and possession of marijuana for medical purposes by Qualified Patients and Primary Caregivers, as defined under California law (Health & Safety Code, SS11362.7(Ð and 1ß62.7@¡ respectively), is permitted under state law in limited, specified circumstances, it is the intention of the Council that nothing in this Ordinance be construed, in any way, to expand the rights of anyone to cultivate, possess or use marijuana under state law, engage in any public nuisance, violate the federal Controlled Substance Act, or engage in any activity regarding the cultivation, distribution, use or consumption of marijuana that is otherwise prohibited by law; and WHEREAS, it is the purpose and intent of this Ordinance to ensure that marijuana grown for medical purposes remains secure and does not find its way to persons other than Qualified Patients or Primary Caregivers, or illicit markets; and WHEREAS, it is the purpose and intent of this Ordinance to assist law enforcement personnel to perform their duties effectively and in accordance with California law; and WHEREAS, this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Government Code Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and Section 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; it prevents changes in the environment pending the completion of the contemplated General Plan adoption and zoning ordinance review; and WHEREAS, for the protection of the public's health, safety, and general welfare, the City Council on November 7,2012, adopted Ordinance No. 1867, an Uncodified lnterim Urgency Ordinance of the City Council of the City of Lodi, making findings and imposing a forty-five (a5) day moratorium on 1) the outdoor cultivation of medical marijuana within the City of Lodi and 2) the indoor cultivation of medical marijuana that creates a public nuisance; and WHEREAS, for the continued protection of the public's health, safety, and general welfare, the City Council on December 19, 2012, adopted Ordinance No. 1868 entitled an Uncodified lnterim Urgency Ordinance of the City Council of the City of Lodi, making findings and imposing an additional moratorium of ten (10) months and fifteen (15) days, as permitted by Government Code Section 65858, to maintain the current status quo and to provide time for the City to study the issue further; and WHEREAS, for the continued protection of the public's health, safety, and general welfare, the City Council on November 6, 2013, adopted Ordinance No. 1885 entitled an Uncodified lnterim Urgency Ordinance of the City Council of the City of Lodi, making findings and imposing an additional moratorium of one year, as permitted by Government Code Section 65858, to maintain the current status quo and to provide time for the City to meet with members of the public, and to study and analyze the complicated legal and practical issues involved in regulating the cultivation of marijuana 2 for medical use, including a review of the City's General Plan and zoning ordinances, and to make recommendations for consideration by the City Council; and WHEREAS, the City Council finds that the cultivation of marijuana within the City limits can adversely affect the health, safety, and well-being of the City and its residents; and WHEREAS, for the protection of the public's health, safety, and general welfare other California jurisdictions have adopted regulations prohibiting the outdoor cultivation of marijuana and/or regulations for indoor cultivation for medicinal use; and WHEREAS, this ordinance does not prohibit the cultivation of medical marijuana by Qualified Patients or Primary Caregivers; but merely regulates and restricts locations of where medical marijuana can be grown and the court in the case of Maral v. City of Live Oak (2013) 221 Cal.App.4th 975, held that neitherthe CUP orthe MMP create a constitutional right to cultivate and possess marijuana and therefore cities may prohibit cultivation of marijuana within their jurisdictions. NOW, THEREFORE, BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: Section 1. Lodi Municipal Code Chapter 8.30, "Marijuana Cultivation," is hereby enacted to read as follows: CHAPTER 8.30 Marijuana Cultivation 8.30.010 Purpose and lntent. It is the purpose and intent of this Chapter to regulate the cultivation of marijuana in a manner that protects the health, safety, and welfare of the community. Without regulation, the planting of marijuana will occur without the city's ability to control the negative effects to the health, safety and welfare of the citizens of Lodi. These negative effects include, but are not limited to, offensive odors and an increased risk of crime such as trespass, burglary and acts of violence in connection with the commission of such crimes or the attempts of citizens to prevent such crimes because of the presence of valuable marijuana plants. This Chapter is not intended to interfere with a Qualified Patient's access to medical marijuana, as provided for in California Health & Safety Code Section 11363. Further, this Chapter is not intended to give any person independent legal authority to cultivate marijuana; it is intended simply to impose restrictions on the cultivation of marijuana within city limits when cultivation is authorized by California state law for medical purposes. No part of this Chapter shall be deemed to be in conflict with federal law under the Controlled Substances Act (21 U.S.C. $801 et seq.) nor to permit any activity that is othenruise prohibited under the Act or any other local, state or federal law, statute, rule, or regulation; including the cultivation, possession, or use of marijuana for non- medical purposes in violation of state or federal law. J 8.30.020 Definitions. A. "Cultivation" means the planting, growing, harvesting, drying or processing of any marijuana plants or any part thereof. B. "Medical marijuana" means marijuana authorized in strict compliance with Health and Safety Code Sections 11362.5, et seq. C. "lndoor" means inside a residential structure (as defined below). D. "Outdoor" means any location within the city limits that is not a residential structure (as defined below). E. "Primary Caregiver" has the meaning set forth in Health and Safety Code Section 11362.7. F. "Qualified Patient" has the meaning set forth in Health and Safety Code Section 11362.7. G. "Residential Structure" means a group of rooms (including legal and functioning sleeping, eating, cooking and sanitation facilities, but not more than one kitchen) which constitutes an índependent housekeeping unit, occupied or intended for occupancy by one household, located within a residential zoning district (as defined in this Code), the primary use of which is as an occupied residence. Residential Structure includes an attached or detached garage in compliance with applicable building codes. 8.30.030 Outdoor Cultivation. No person owning, renting, leasing, occupying or having charge, possession, or control of any property within the City limits shall cause or allow such property to be used for the outdoor cultivation of any marijuana plant(s) for any purpose. 8.30.040 lndoor Cultivation. lndoor cultivation of medical marijuana is prohibited in all zoning districts of the city, except for residential zones. Cultivation of medical marijuana by a Qualified Patient or Qualified Caregiver may only occur within a residential structure. No person owning, renting, leasing, occupying or having charge, possession, or control of any residential structure within the City shall cause or allow indoor cultivation of any marijuana to be visible from any street, sidewalk, or other place freely accessible by the public or to allow the odor of marijuana to permeate beyond the boundaries of the parcel or property where the indoor cultivation is occurring. Nothing in this Chapter shall be deemed to allow indoor cultivation by a Qualified Patient or Primary Caregiver for any use other than medicinal pursuant to Health & Safety Code Sections 11362.5 et seq. The indoor cultivation of medical marijuana is prohibited as a home occupation. 4 8.30.050 Nuisance. Any violations of this Ordinance shall be considered and declared to be a public nuisance and may be summarily abated by the City of Lodi pursuant to Civil Code Section 731. 8.30.60 Penalties Nothing in this Ordinance shall be deemed to prevent the city from instituting any appropriate legal procedures to abate, correct, enjoin or restrain any violation of this section, including civil or criminal proceedings. ln any civil action for injunctive relief brought pursuant to Lodi Municipal Code Chapter 1.10, a court of competent jurisdiction may award reasonable attorney's fees and costs to the prevailing party. C. Any person violating this ordinance shall be guilty of a misdemeanor and may be subject to the penalties set forth in Lodi Municipal Code Chapter 1.08. D. Each day a person is in violation of this chapter shall be considered a separate violation. E. The remedies and relief provided in this section shall be cumulative and in addition to any and all other remedies available to the city under this code and state law. Section 2. Severabilitv. lf any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council of the City of Lodi hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. Section 3.No Mandatorv Dutv of Care.This Ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law. Section 4: CEQA. This Ordinance is exempt from the requirements of the California Environmental Quality Act (CEOA) pursuant to Government Code Section 15060(cX2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), Section 15060(cX3) (the activity is not a project as defined in Section 15378), and Section 15061(bX3) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for causing a significant effect to the environment. A B 5 Section 5. Conflict. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. Section 6. Effective Date. This Ordinance shall be published one time in the "Lodi News Ser,t'ne{J a Oa¡lV newspaper of general circulation printed and published in the City of Lodi, and shall be in force and take effect on November 15, 2014, which date is at least 30 days after the passage of this ordinance. Approved this 15th day of October, 2014 PHIL KATZAKIAN Mayor ATTEST: JENNIFER M. ROBISON City Clerk State of California County of San Joaquin, ss. l, Jennifer M. Robison, City Clerk of the City of Lodi, do hereby certify that OrdinanceNo. lSgSwasintroducedataregularmeetingof theCityCouncil of theCity of Lodi on October 1, 2014, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held October 15, 2014 by the following vote: AYES: COUNCIL MEMBERS - NOES:COUNCIL MEMBERS _ ABSENT: COUNCIL MEMBERS - ABSTAIN: COUNCIL MEMBERS - I further certify that Ordinance No. 1898 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. JENNIFER M. ROBISON City Clerk Approved to Form JANICE D. MAGDICH City Attorney 6 Pleuse immediøtely con/írm receípt Cf this,fsx by esil¡ng 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-T9IO ADVERTISING INSTRUCTIONS SUBJECT: PUBLISH DATE: SUMMARY OF ORDINANCE NOS. I898 - I9OO SATURDAY, OCTOBER 18, 2014 LEGAL AD TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: LNS ACGT. #O5lOO52 JENNIFER M. ROBISON, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: ORDERED BY: IFER CLER THURSDAY, OCTOBER 16, 2014 JENNIFER M. ROBISON CITY CLERK cMc ELENA STODDARD ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper - Copy to File SEND PROOF OF ADVERTISEMENT. THANK YOU!! Faxed to the Sentinel at 369-1084 at on LNS Phoned to conf¡rm N:\Administration\CLERK\OrdS ummaries\Advins. doc CITY OF LODI ORDINANCE NO. I898 AN ORDINANCE OF TFIE LODI GITY GoUNCIL AMENDING LODI MUNICIPAL CoDE TITLE 8 - HEALTH AND SAFETY - BY ADDING CHAPTER 8.30, "REGULATION OF MARIJUANA CULTIVATION," WITHIN THE CITY OF LODI. The purpose of this ordinance is to enact regulations regarding the cultivation of marijuana in a manner that protects the health, safety, and welfare of the community. lntroduced October 1,2014; adopted October 15,2014; and effective November 15,2014. AYES: Hansen, Mounce, and Mayor Katzakian; NOES: Johnson; ABSENT: Nakanishi. ORDINANCE NO. 1899 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPTER 15.20 - FIRE CODE - BY ADDING SECTION 15.20.275, "ELECTRONIC RECORDS." The purpose of this ordinance is to permit electronic filing of records, in conformity with the California Fire Code and Title 19 of the California Code of Regulations, which will allow the City of Lodi Fire Prevention Department to meet the goal of keeping paperless records and increasing compliance. lntroduced October 1, 2014; adopted October 15, 2014; and effective November 14, 2014. AYES: Hansen, Mounce, and Mayor Katzakian; NOES: Johnson;ABSENT: Nakanishi. ORDINANCE NO. I9OO AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPTER 5.12 - CARDROOMS _ BY REPEALING AND REENACTING SECTION 5.12.140 (C), "RULES AND REGULATIONS." The purpose of this ordinance is to allow two additional tables in any cardroom, increasing the number from 13 to 15; and capping the total number of tables permitted within the City of Lodi at 15. lntroduced October 15, 2014. Adoption will be considered November 19, 2014. AYES: Hansen, Johnson, Mounce, and Mayor Katzakian; NOES: None; ABSENT: Nakanishi. Jennifer M. Robison, City Clerk City of Lodi October 16,2014 Certified copies of the full text of these ordinances are available in the office of the Lodi City Clerk. DEGLARÀTION OF POSTING ORDINANCE NO. I898 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 8 - HEALTH AND SAFETY - BY ADDING CHAPTER 8.30, "REGULAT¡ON OF MARTJUANA CULTIVATION," WlrHlN THE ClrY OF LODI On Thursday, October 16,2014, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1898 (attached hereto, marked Exhibit "A") was posted in the Lodi City Clerk's Office. I declare under penalty of perjury that the foregoing is true and correct. Executed on October 16, 2014, at Lodi, California. ORDERED BY JENNIFER M. ROBISON CITY CLERK ifer M son, CMC Elena Stoddard Administrative ClerkClerk ordsummaries\aaDecPost.doc ORDINANCE NO. 1898 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING I-ODI MUIIICIPAL CODE T]TLE 8 _ HEALTH AND SAFETY _ BY ADDING CHAPTER 8.30, "REGULATION OF MARIJUANA CULTIVATION,'WITHIN THE CITY OF LODI WHEREAS, in 1996, the voters of the State of California approved Proposition 215, which was codified as Health and Safety Code Section 11362.5, ef seq. and entitled the Compassionate Use Act of 1996 ("CUA"); and WHEREAS, the intent of Proposition 215 was to enable persons who are in need of marijuana for medical purposes to obtain and use it under limited, specified circumstances; and WHEREAS, on January 1,2004, Senate Bil 420 (Medical Marijuana Program Act ("MMP")) became effective to clarify the scope of the Act and to allow cities and counties to ádopt and enforce rules and regulations consistent with SB 420 and the Act; and WHEREAS, Health and Safety Code Section 11362.83 expressly allows cities and counties to adopt and enforce ordinances that are consistent with SB 420; and WHEREAS, under the Federal Controlled Substances Act (21 U.S.C. $801 et seq.), marijuana is classified as a Schedule 1 drug, meaning it has no accepted medical use. The Federal Controlled Substances Act makes it unlawful, under federal law, for any person to cultivate, manufacture, distribute or dispense, transport, or possess with the intent to manufacture, distribute or dispense, marijuana; and WHEREAS, Government Code Sections 65850(a) and 65850(cX4), provide the authority of the City of Lodi to regulate by ordinance the uses of land and the intensity of land use; and WHEREAS, the City of Lodi Police Department and residents of the City of Lodi have reported adverse impacts from the outdoor cultivation of medical marijuana within the City of Lodi, including offensive odors detectable beyond the property boundaries, increased risk of trespassing, violent crime, burglary, and theft; and WHEREAS, the strong odor of marijuana plants, which increases in intensity as the plants mature, is highly offensive to many individuals and creates an attractive nuisance, alerting people to the presence and location of marijuana plants, creating an increased risk of burglary, robbery or armed robbery because of the monetary value of the plants; and WHEREAS, the presence of mar'rjuana plants is an attractive nuisance to minors, creating a potential hazard in areas frequented by minors, such as schools, parks, recreation centers, and similar facilities; and WHEREAS, it is the intention of the City Council of the City of Lodi that nothing in this Ordinance be deemed to conflict with the federal Controlled Substances Act (21 1 U.S.C. S84't), by permitting or othenryise allowing any activity which is prohibited under the Act; and WHEREAS, the City Council of the City of Lodi is aware that the cultivation and possession of marijuana for medical purposes by Q_ualified Patients and Primary baregivers, as defined under California law (Health & Safety Code, S$tt362.7(f) and 11g6i.7(d), respectively), is permitted under state law in limited, specified circumstances, it is the intention of the Council that nothing in this Ordinance be construed, in any way, to expand the rights of anyone to cultivate, possess or use marijuana under ltate law, engage in any public nuisance, violate the federal Controlled Subåtance Act, or engage in any activity regarding the cultivation, distribution, use or consumption of marijuana that is othenryise prohibited by law; and WHEREAS, it is the purpose and intent of this Ordinance to ensure that marijuana grown for medical purposes remains secure and does not find its way to persons other than Qualified Patients or Primary Caregivers, or illicit markets; and WHEREAS, it is the purpose and intent of this Ordinance to assist law enforcement personnel to perform their duties effectively and in accordance with California law; and WHEREAS, this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Government Code Section 15060(c)(2) (the activity will not resuli in a direct or reasonably foreseeable indirect physical change in the environment) and Section 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; it prevents changes ¡n tne environment pending the completion of the contemplated General Plan adoption and zoning ordinance review; and WHEREAS, for the protection of the public's health, safety, and general welfare, the City Council on November 7,2012, adopted Ordinance No. 1867, an Uncodified lnterim Urgency Ordinance of the City Council of the City of Lodi, making findings and imposing á forty-tive (45) day moratorium on 1) the outdoor cultivation of medical marijuana within the City of Lodi and 2) the indoor cultivation of medical marijuana that creates a public nuisance; and WHEREAS, for the continued protection of the public's health, safety, and general welfare, the City Council on December 19, 2012, adopted Ordinance No. 1868 èntitted an Uncodified lnterim Urgency Ordinance of the City Council of the City of Lodi, making findings and imposing an additional moratorium of ten (10) months and fifteen (1S) dãys, as permitted by Government Code Section 65858, to maintain the current status quo and to provide time for the City to study the issue further; and WHEREAS, for the continued protection of the public's health, safety, and general welfare, the City Council on November 6, 2013, adopted Ordinance No. 1885 éntitled an Uncodified lnterim Urgency Ordinance of the City Council of the City of Lodi, making findings and imposing an additional moratorium of one year, as permitted by Goverñment Code Section 65858, to maintain the current status quo and to provide time for the City to meet with members of the public, and to study and analyze the complicated legal and practical issues involved in regulating the cultivation of marijuana 2 for medical use, including a review of the City's General Plan and zoning ordinances, and to make recommendations for consideration by the City Council; and WHÊREAS, the City Council finds that the cultivation of marijuana within the City limits can adversely affect the health, safety, and well-being of the City and its residents; and WHEREAS, for the protection of the public's health, safety, and general welfare other California jurisdictions have adopted regulations prohibiting the outdoor cultivation of marijuana and/or regulations for indoor cultivation for medicinal use; and WHEREAS, this ordinance does not prohibit the cultivation of medical marijuana by Qualified Patients or Primary Caregivers; but merely regulates and restricts locations oi where medical marijuana can be grown and the court in the case of Maralv. City of Live Oak (2013) 221 Cal.App.4th 975, held that neither the CUP or the MMP create a constitutional right to cultivate and possess marijuana and therefore cities may prohibit cultivation of marijuana within their jurisdictions. NOW, THEREFORE, BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: Section 1. Lodi Municipal Code Chapter 8.30, "Marijuana Cultivation," is hereby enacted to read as follows: CHAPTER 8.30 Marijuana Cultivation 8.30.010 Purpose and lntent. It is the purpose and intent of this Chapter to regulate the cultivation of marijuana in a manner that protects the health, safety, and welfare of the community. Without regulation, the planting of marijuana will occur without the city's ability to control the negative effects to the health, safety and welfare of the citizens of Lodi. These negative effects include, but are not limited to, offensive odors and an increased risk of crime such as trespass, burglary and acts of violence in connection with the commission of such crimes or the attempts of cítizens to prevent such crimes because of the presence of valuable marijuana plants. This Chapter is not intended to interfere with a Qualified Patient's access to medical marijuana, as provided for in California Health & Safety Code Section 11363. Further, this bhapter is not intended to give any person independent legal authority to cultivate marijuana; it is intended simply to impose restrictions on the cultivation of marijuana within city limits when cultivation is authorized by California state law for medical purposes. No part of this Chapter shall be deemed to be in conflict with federal law under the Controlled Substances Act (21 U.S.C. $801 et seq.) nor to permit any activity that is otherwise prohibited under the Act or any other local, state or federal law, statute, rule, or regulation; including the cultivation, possession, or use of marijuana for non- medical purposes in violation of state or federal law. aJ 8.30.020 Definitions. A. "Cultivation" means the planting, growing, harvesting, drying or processing of any marijuana plants or any part thereof. B. "Medical marijuana" means marijuana authorized in strict compliance with Health and Safety Code Sections 11362.5, et seq. C. "lndoor" means inside a residential structure (as defined below). D. "Outdoo/' means any location within the city limits that is not a residential structure (as defined below). E. "Primary Caregiver" has the meaning set forth in Health and Safety Code Section 11362.7. F. "Qualified Patient" has the meaning set forth in Health and Safety Code Section 11362.7. G. "Residential Structure" means a group of rooms (including legal and functioning sleeping, eating, cooking and sanitation facilities, but not more than one kitchen) which constitutes an independent housekeeping unit, occupied or intended for occupancy by one household, located within a residential zoning district (as defined in this Code), the primary use of which is as an occupied residence. Residential Structure includes an attached or detached garage in compliance with applicable building codes. 8.30.030 Outdoor Cultivati ôn No person owning, renting, leasing, occupying or having charge, possession, or control of any property within the City limits shall cause or allow such property to be used for the outdoor cultivation of any marijuana plant(s) for any purpose. 8.30.040 lndoor Cultivation lndoor cultivation of medical marijuana is prohibited in all zoning districts of the city, except for residential zones. Cultivation of medical marijuana by a Qualified Patient or Qualified Caregiver may only occur within a residential structure. No person owning, renting, leasing, occupying or having charge, possession, or control of any residential structure within the City shall cause or allow indoor cultivation of any marijuana to be visible from any street, sidewalk, or other place freely accessible by the public or to allow the odor of marijuana to permeate beyond the boundaries of the parcel or property where the indoor cultivation is occurring. Nothing in this Chapter shall be deemed to allow indoor cultivation by a Qualified Patient or Primary Caregiver for any use other than medicinal pursuant to Health & Safety Code Sections 1 1362.5 et seq. The indoor cultivation of medical marijuana is prohibited as a home occupation. 4 8.30.050 Nuisance. Any violations of this Ordinance shall be considered and declared to be a public nuisance änd may be summarily abated by the City of Lodi pursuant t0 Civil Code Section 731. 8.30.60 Penalties. A. Nothing in this Ordinance shall be deemed to prevent the city from instituting any appropriate legal procedures to abate, correct, enjoin or restrain any violation of this section, including civil or criminal proceedings. B. ln any civil action for injunctive relief brought pursuant to Lodi Municipal Code Chapier 1.10, a court of competent jurisdiction may award reasonable attorney's fees and costs to the prevailing party. C. Any person violating this ordinance shall be guilty of a misdemeanor and may be subject to the penalties set forth in Lodi Municipal Code Chapter 1.08. D. Each day a person is in violation of this chapter shall be considered a separate violation. E. The remedies and relief provided in this section shall be cumulative and in addition to any and all other remedies available to the city under this code and state law. Section 2. Severability. lf any section, suþsection, subdivision, paragraph, senterìce, ctause oi phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council of the City of Lodi hereby declares that it would have paðsed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. Section 3. No Mandatorv Dutv of Care. This Ordinance is not intended to and shall not be construeì or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law. Section 4: CEQA. This Ordinance is exempt from the requirements of the California erwironrnental-Quàlity Act (CEOA) pursuant to Government Code Section 15060(cX2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), Section 15060(c)(3) (the activity is not a project as defined in Section 15378), and Section 15061(bX3) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for causing a significant effect to the environment. 5 Section 5. Conflict. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. Section 6. Effecfive Dàte. This Ordinance shall be publishéd ónê timê in the "Lodi News Sentinef a Oa¡tV newspaper of general circulation printed and published in the City of Lodi, and shall be in force and take effect on November 15, 2014, which date is at least 30 days after the passage of this ordinance. Approved this 15th day of October, 2014 PHIL KATZAKIAN Mayor ATTEST: JENNIFER M. ROBISON City Clerk State of California County of San Joaquin, ss. l, Jennifer M. Robison, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1898 was introduced at a regular meeting of the City Council of the City of Lodi on October 1,2014, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held October 15, 2014 by the following vote: AYES: COUNCIL MEMBERS - Hansen, Mounce, and Mayor Katzakian NOES: COUNCIL MEMBERS - Johnson ABSENT: COUNCIL MEMBERS - Nakanishi ABSTAIN: COUNCIL MEMBERS - None I further certify that Ordinance No. 1898 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. JENNIFER M. ROBISON City Clerk Approved to Form JANICE D. MAGDICH City Attorney 6