HomeMy WebLinkAboutOrdinance #4137 ORDINANCE NO. 4137
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING TITLE 20 OF THE ZONING AND SUBDIVISION ORDINANCE BY
AMENDING SECTION 204.18 AND ADDING SECTION 204.20 AND SECTION
204.22 TO THE HUNTINGTON BEACH ZONING AND SUBDIVISION
ORDINANCE TO PROHIBIT COMMERCIAL/RECREATIONAL SALES AND
DELIVERIES OF NON-MEDICAL MARIJUANA AS WELL AS ADOPT
REGULATIONS REGARDING NON-MEDICAL MARIJUANA CULTIVATION
WHEREAS, Proposition 64 authorizes cities to prohibit distribution/sale of non-
medical/recreational marijuana and cultivation of 6 or more marijuana plants as well
enacting reasonable regulations for the cultivation of six or fewer non-medical marijuana
plants that occurs inside a residence or accessory structure, including the complete
prohibition of outdoor cultivation of non-medical marijuana until such time as the
California Attorney General determines that the non-medical/recreational use of marijuana
is lawful in California under federal law; and
Proposition 64 authorizes the personal cultivation of up to six non-medical
marijuana plants in a private residence for non-medical purposes; and
The cultivation, distribution/sale of non-medical/recreational marijuana in other
cities has resulted in calls for service to the police department, including calls for robberies
and thefts, and is reasonable to assume that commercial/recreational non-medical
marijuana cultivation, distribution/sale will have similar impacts; and
The City Council desires to prohibit the commercial sale or distribution of non-
medical/recreational marijuana anywhere in the City as well as adopt regulations regarding
the indoor cultivation of six or fewer non-medical marijuana plants in private residences
and to prohibit all other forms of non-medical marijuana cultivation; and
NOW, THEREFORE, the City Council of the City of Huntington Beach does
hereby ordain as follows:
SECTION 1. Recitals Made Findings
The above recitals are hereby declared to be true and correct and findings of the
City Council of the City of Huntington Beach.
SECTION 2. Amendment to Zoning and Subdivision Ordinance
Section 204.18 of the Huntington Beach Zoning and Subdivision Ordinance Prohibit Uses
is hereby modified to Chapter 204 of the Huntington Beach Zoning and Subdivision
Ordinance to read as follows:
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204.18 Prohibited Uses—Medical Marijuana Businesses
D. Public Nuisance.
Any use or condition caused or permitted to exist in violation of any of the
provisions of this article is hereby declared a public nuisance and may be abated by
the City.
E. Enforcement.
1. Violation of this Chapter 204 of the Huntington Beach Zoning and Subdivision
Ordinance is a public nuisance and may be enforced pursuant to the provisions
of the Municipal Code including the Zoning and Subdivision Ordinance.
2. Nothing in this article in any way limits any other remedies that may be
available to the City, or any penalty that may be imposed by the City, for
violations of this article. Such additional remedies include, but are not limited
to, injunctive relief or administrative citations.
Section 204.20 of the Huntington Beach Zoning and Subdivision Ordinance Prohibited
Uses—Commercial Non-Medical Marijuana Businesses is hereby added to Chapter 204 of
the Huntington Beach Zoning and Subdivision Ordinance to read as follows:
204.20 Prohibited Uses—Commercial Non-Medical Marijuana Businesses and
Deliveries
A. Purpose. In order to expressly inform the public that any sale or distribution of
non-medical marijuana by Commercial Non-Medical Marijuana Businesses,
Collectives, Cooperatives or Dispensaries, etc., however named is prohibited in the
City of Huntington Beach, the City is adding this express prohibition to the Zoning
and Subdivision Ordinance.
B. Definitions.Unless otherwise specifically defined herein, the definitions contained
within Adult Use of Marijuana Act shall apply to this Ordinance.
1. Commercial Non-Medical Marijuana Business, Collective, Cooperative or
Dispensary means any location, structure, facility, vehicle, business, store, co-
op, residence, or similar facility used, in full or in part, as a place at or in which
marijuana(including marijuana for recreational use) is sold, traded, exchanged,
bartered for in any way, made available, located, stored, displayed, placed or
cultivated, including any of the foregoing if used in connection with the sale or
distribution of non-medical marijuana.
2. Non-medical marijuana delivery means the commercial transfer of non-
medical marijuana or non-medical marijuana products to a person, including
any technology that enables persons to arrange for or facilitate the commercial
transfer of non-medical marijuana or non-medical marijuana products.
3. Non-medical marijuana products means non-medical 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
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or topical product containing marijuana or concentrated cannabis and other
ingredients.
C. Commercial Non-Medical Marijuana Businesses, Collectives, Cooperatives or
Dispensaries. A Commercial Non-Medical Marijuana Business, Collective,
Cooperative or Dispensary or any other such business, no matter how so named, is
not a permitted use in any zoning district or specific plan in the City. It shall be
unlawful for any person or entity to own, manage, establish, conduct or operate a
Commercial Non-Medical Marijuana Business, Collective, Cooperative or
Dispensary. Also, it shall be unlawful for any person to permit to be established,
conducted, operated, owned or managed as a landlord, owner, employee,
contractor, agent or volunteer, or in any other manner or capacity, any Commercial
Non-Medical Marijuana Business, Collective, Cooperative or Dispensary in the
City.
D. Non-Medical Marijuana Deliveries. Delivery of non-medical marijuana is not a
permitted use in any zoning district or specific plan in the City. No permit or any
other applicable license or entitlement for use, nor any business license, shall be
approved or issued for the establishment, maintenance or operation of non-medical
marijuana deliveries.
E. Public Nuisance.
Any use or condition caused or permitted to exist in violation of any of the
provisions of this article is hereby declared a public nuisance and may be abated by
the City.
F. Enforcement.
1. Violation of this Chapter 204 of the Huntington Beach Zoning and Subdivision
Ordinance is a public nuisance and may be enforced pursuant to the provisions
of the Municipal Code including the Zoning and Subdivision Ordinance.
2. Nothing in this article in any way limits any other remedies that may be
available to the City, or any penalty that may be imposed by the City, for
violations of this article. Such additional remedies include, but are not limited
to, injunctive relief or administrative citations.
Section 204.22 of the Huntington Beach Zoning and Subdivision Ordinance Non-Medical
Marijuana Cultivation is hereby added to Chapter 204 of the Huntington Beach Zoning and
Subdivision Ordinance to read as follows:
204.22 Non-Medical Marijuana Cultivation
A. Purpose. The purpose and intent of this article is to regulate the cultivation of non-
medical marijuana in a manner that protects the health, safety and welfare of the
community. Health and Safety Code section 11362.2 authorizes the City to adopt
reasonable regulations regarding the cultivation of non-medical marijuana inside a
private residence or accessory structure to a private residence. That section also
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authorizes the City to completely prohibit the cultivation of non-medical marijuana
outside, as long as the California Attorney General has not made a determination
that the non-medical use of marijuana is lawful in California under federal law. The
Attorney General has not made such a determination.
This article is not intended to interfere with the right of an individual 21 years of
age or older to possess or cultivate non-medical marijuana, as provided for by
Proposition 64. This article is not intended to give any person independent legal
authority to grow non-medical marijuana; it is intended simply to impose
reasonable regulations on the cultivation of non-medical marijuana when
cultivation is authorized by California law.
Furthermore, it is the purpose and intent of this amendment to require that non-
medical marijuana allowed to be cultivated pursuant to Proposition 64 only be done
so in appropriately secured, enclosed, and ventilated structures, so as not to be
visible to the general public; to provide for the health, safety and welfare of the
public; to prevent odor created by non-medical marijuana plants from impacting
adjacent properties; and to ensure that marijuana grown in the City remains secured.
B. Definitions. For the purposes of this article, the following definitions shall apply
unless the context clearly indicates otherwise. If a word is not defined in this article,
and not otherwise defined in state law, the common and ordinary meaning of the
word shall apply.
1. Cultivation means the planting, growing, harvesting, drying or processing of
marijuana plants or any part thereof.
2. Fully enclosed and secure structure means a space within a building that
complies with the applicable Building Code and Zoning and Subdivision
Ordinance, and has a complete roof enclosure supported by connecting walls
extending from the ground to the roof, a foundation slab or equivalent base to
which the floor is secured by bolts or similar attachments, is secure against
unauthorized entry, and is accessible only through one or more lockable doors.
Walls and roof must be constructed of solid materials that cannot be easily
broken through, and must be constructed with non-transparent material.
3. Indoors means inside a fully enclosed and secure structure or within a
residential structure.
4. Non-medical marijuana means marijuana that is intended to be used for non-
medical purposes pursuant to Health and Safety Code section 111362.1 et seq.
5. Non-medical marijuana cultivation means the planting, growing, harvesting,
drying or processing of non-medical marijuana plants or any part thereof
pursuant to Health and Safety Code section 11362.1 et seq., as those sections
may be amended from time to time.
6. Outdoors means any location within the City that is not within a fully enclosed
and secure structure.
7. Person means any individual, partnership, co-partnership, firm, association,
joint stock company, corporation, limited liability corporation, collective,
cooperative, or combination thereof in whatever form or character.
8. Private residence means a house, an apartment unit, a mobile home or other
similar dwelling.
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C. Cultivation of non-medical marijuana. The following regulations shall apply to
the cultivation of non-medical marijuana within the City:
1. Cultivation not in compliance with this article. It is declared to be unlawful
and a public nuisance for any person owning, leasing, occupying or having
charge or possession of any parcel or premises within any zoning district or
specific plan in the City to cultivate non-medical marijuana except as provided
for in this Code. No person other than an individual 21 years of age or older
may engage in the cultivation of non-medical marijuana.
2. Outdoor cultivation. It is unlawful and a public nuisance for any person
owning, leasing, occupying, or having possession of any legal parcel or
premises within any zoning district or specific plan in the City to cause or allow
such parcel or premises to be used for the outdoor cultivation of non-medical
marijuana.
3. Indoor cultivation. Indoor cultivation of non-medical marijuana is prohibited
in all zoning districts and specific plans of the City, except for residential zones,
mixed use zones, or in commercial zones, when such cultivation occurs on a
parcel or premises with an approved private residence. All cultivation must be
in compliance with this article and state law.
4. Indoor cultivation in private residence. The indoor cultivation of non-
medical marijuana in a residential zone, mixed use zone, or in a commercial
zone on a parcel or premises with an approved private residence, shall only be
conducted within a fully enclosed and secure structure or within a residential
structure. Such cultivation shall be in conformance with the following
minimum standards:
a. The primary use of the property shall be for a residence. Non-medical
marijuana cultivation is prohibited as a home occupation.
b. All areas used for cultivation of non-medical marijuana shall comply with
the Huntington Beach Municipal Code including the Zoning and
Subdivision Ordinance, as well as applicable law.
c. Indoor grow lights shall not exceed 1,200 watts per light, and shall comply
with the California Building, Electrical and Fire Codes as adopted by the
City. Lights shall be located away from combustible materials and a
minimum of 30 inches from fire sprinklers.
d. The use of gas products (CO2, butane, propane, natural gas, etc.) or
generators for cultivation of non-medical marijuana is prohibited.
e. Any fully enclosed and secure structure or residential structure used for the
cultivation of non-medical marijuana must have a ventilation and filtration
system installed that shall prevent marijuana plant odors from exiting the
interior of the structure and that shall comply with the Huntington Beach
Municipal Code, including the Zoning and Subdivision Ordinance.
f. A fully enclosed and secure structure used for the cultivation of non-medical
marijuana shall be located in the rear yard area of the parcel or premises,
and must maintain a minimum ten-foot setback from any property line as
well as any other applicable development standards of the zoning district.
The yard where the fully enclosed and secure structure is maintained must
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ORDINANCE NO. 4137
be enclosed by a solid fence at least six feet in height. This provision shall
not apply to cultivation occurring in a garage.
g. Adequate mechanical locking or electronic security systems must be
installed as part of the fully enclosed and secure structure or the residential
structure prior to the commencement of cultivation.
h. Non-medical marijuana cultivation shall be limited to six marijuana plants
per private residence, regardless of whether the marijuana is cultivated
inside the residence or a fully enclosed and secure structure. The limit of
six plants per private residence shall apply regardless of how many
individuals reside at the private residence.
i. The residential structure shall remain at all times a residence, with legal and
functioning cooking, sleeping and sanitation facilities with proper ingress
and egress. These rooms shall not be used for non-medical marijuana
cultivation where such cultivation will prevent their primary use for cooking
of meals, sleeping and bathing.
j. Cultivation of non-medical marijuana shall only take place on impervious
surfaces.
k. From a public right-of-way, there shall be no exterior evidence of non-
medical marijuana cultivation occurring on the parcel.
1. Non-medical marijuana cultivation area, whether in a fully enclosed and
secure structure or inside a residential structure, shall not be accessible to
persons under 21 years of age.
m. Written consent of the property owner to cultivate non-medical marijuana
within the residential structure shall be obtained and shall be kept on the
premises, and available for inspection by the Chief of Police or his/her
designee.
n. A 2A:IOB:C portable fire extinguisher that complies with the regulations
and standards adopted by the state fire marshal and applicable law, shall be
kept in the fully enclosed and secure structure used for cultivation of non-
medical marijuana. If cultivation occurs in a residential structure, the
portable fire extinguisher shall be kept in the same room as where the
cultivation occurs.
D. Public Nuisance.
Any use or condition caused or permitted to exist in violation of any of the
provisions of this article is hereby declared a public nuisance and may be abated by
the City.
E. Enforcement.
1. Violation of this Chapter 204 of the Huntington Beach Zoning and Subdivision
Ordinance is a public nuisance and may be enforced pursuant to the provisions
of the Municipal Code including the Zoning and Subdivision Ordinance.
2. Nothing in this article in any way limits any other remedies that may be
available to the City, or any penalty that may be imposed by the City, for
violations of this article. Such additional remedies include, but are not limited
to, injunctive relief or administrative citations.
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ORDINANCE NO. 4137
SECTION 3: Severability
If any section of this Ordinance is determined to be unenforceable, invalid, or
unlawful, such determination shall not affect the enforceability of the remaining provisions
of this Ordinance.
SECTION 4. CE A
This Ordinance is exempt from the California Environmental Quality Act pursuant
to City Council Resolution No. 4501, Class 20, which supplements the California
Environmental Quality Act.
SECTION 5. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at
a regular meeting thereof held on the day of Vy—,2J , 2017.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk �h//� ���City Attorne�, M,/
REVIEW D APPROVED: INITIATED AND APPROVED:
City anager Police Chief
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Ord. No. 4137
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City Council at
a Regular meeting thereof held on August 21, 2017, and was again read to said City
Council at a Regular meeting thereof held on September 5, 2017, and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: O'Connell, Semeta, Delgleize, Hardy, Brenden
NOES: None
ABSENT: Posey, Peterson
ABSTAIN: None
I,Robin Estanislau,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been published in
the Huntington Beach Wave on September 14,2017.
In accordance with the City Charter of said City.
Robin Estanislau, City Clerk City Clerk and ex-officio Clerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California