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Home My WebLink AboutApprove for introduction Ordinance No. 4137 approving Zoning Dept. ID CD 17-008 Page 1 of 3 Meeting Date: 8/21/2017 ADOPT C� f��7 2S a A 1-,9PS�JT) r . i y CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 8/21/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Scott Hess, AICP, Director of Community Development Robert Handy, Police Chief SUBJECT: Approve for introduction Ordinance No. 4137 approving Zoning Text Amendment (ZTA) No. 17-001 amending Chapter 204 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to amend Section 204.18 Prohibited Uses, add Section 204.20 Prohibited Uses--Commercial Non-Medical Marijuana Businesses and Deliveries, and add Section 204.22 Non-Medical Marijuana Cultivation Statement of Issue: Transmitted for your consideration is Zoning Text Amendment (ZTA) No. 17-001, a City-initiated request to amend Chapter 204 Use Classifications of the Huntington Beach Zoning and Subdivision Ordinance to amend Section 204.18 Prohibited Uses; add Section 204.20 Prohibited Uses- Commercial Non-Medical Marijuana Businesses and Deliveries; and add Section 204.22 Non- Medical Marijuana Cultivation. The Planning Commission and Staff recommend approval of ZTA No. 17-001. Financial Impact: Not applicable. Planning Commission and Staff Recommended Action: A) Find the proposed project exempt from the California Environmental Quality Act (CEQA) pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act; and, B) Approve Zoning Text Amendment No. 17-001 with findings for approval (Attachment No. 1) and approve for introduction 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." Item 21 . - 1 HB -426- Dept. ID CD 17-008 Page 2 of 3 Meeting Date: 8/21/2017 Alternative Action(s): The City Council may make the following alternative motion(s): 1. Deny Zoning Text Amendment No. 17-001 with findings for denial. 2. Continue Zoning Text Amendment No. 17-001 and direct staff accordingly. Analysis: A. PROJECT PROPOSAL: Applicant: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 Location: Citywide Zoning Text Amendment No. 17-001 represents a request to amend Chapter 204 Use Classifications of the Huntington Beach Zoning and Subdivision Ordinance for the following sections: 1. Amend Section 204.18 Prohibited Uses 2. Add Section 204.20 Prohibited Uses—Commercial Non-Medical Marijuana Businesses and Deliveries to expressly prohibit any sale or distribution and deliveries of non-medical marijuana. 3. Add Section 204.22 Cultivation of Non-Medical Marijuana to regulate the cultivation of non- medical marijuana. B. BACKGROUND: In November 2016, Proposition 64 was passed by California voters and the Adult Use of Marijuana Act was adopted. Proposition 64 legalized certain non-medical use of marijuana for individuals 21 years of age and older. The Act allows 1) adults 21 years and older to use, possess, purchase, and grow non-medical (recreational) marijuana; 2) local governments to ban non-medical marijuana businesses; and 3) local governments to regulate the cultivation of non-medical marijuana for personal use by adults 21 years and older, and to ban outdoor cultivation as set forth in the Act. C. PLANNING COMMISSION MEETING: The Planning Commission held a public hearing on Zoning Text Amendment No. 17-001 on July 25, 2017. During the public hearing, staff gave an overview of the proposed amendment. There were three speakers during the public hearing with one speaker in opposition and two speakers in support of the Zoning Text Amendment. The Planning Commission voted to recommend that the City Council approve Zoning Text Amendment No. 17-001 based on the findings provided in Attachment No. 1. Planning Commission Action dated July 25, 2017 A MOTION WAS MADE BY SCANDURA, SECONDED BY GRANT TO APPROVE ZONING TEXT AMENDMENT NO. 17-001 AND FORWARD TO CITY COUNCIL BY THE FOLLOWING VOTE: AYES: CROWE, GARCIA, GRANT, MANDIC, RAY, SCANDURA NOES: KALMICK ABSTAIN: NONE ABSENT: NONE MOTION PASSED HB -427- Item 21 . - 2 Dept. ID CD 17-008 Page 3 of 3 Meeting Date: 8/21/2017 D. STAFF ANALYSIS AND RECOMMENDATION: The proposed Zoning Text Amendment was initiated to amend the HBZSO to expressly articulate the prohibition of any sale, distribution, and deliveries of non-medical marijuana in the City and to regulate the cultivation of non-medical marijuana. The draft ordinance (Attachment No. 2) and legislative draft (Attachment No. 3) provides the new language to be added to the HBZSO. The proposed Zoning Text Amendment prohibits outdoor cultivation of non-medical marijuana and imposes reasonable regulations on indoor cultivation of non-medical marijuana when cultivation is authorized by California law. The Adult Use of Marijuana Act allows adults 21 years and older to cultivate up to six marijuana plants for non-medical use. Pursuant to the proposed Section 204.22 Non-Medical Marijuana Cultivation, the indoor cultivation of non-medical marijuana is permitted at residential properties and shall comply with the following criteria: — within a fully enclosed or secure structure or within a residential structure — not visible to the general public — provide for the health, safety, and welfare of the public — prevent odor created by non-medical marijuana plants from impacting adjacent properties According to input provided by the Police Department, allowing non-medical marijuana businesses to operate in Huntington Beach would negatively impact the quality of life for the City's residents, visitors, and businesses. The City has expended significant resources to enforce the prohibition of medical marijuana businesses. Staff time has been spent on tracking down property owners and business owners whom provide false information on business license and rental documents. Staff found significant modifications to building structures without proper permits or safety inspections. The modifications violated building and fire codes, creating an unsafe environment for employees, customers, and surrounding businesses. There have been incidents of crime, ranging from arson fire to armed robbery. Allowing non-medical marijuana businesses would further exacerbate the issues currently encountered from the operation of illegal dispensaries and collectives. Adopting the proposed zoning text amendment would support the City's position of prohibiting all sale, distribution, deliveries, and outdoor cultivation of non-medical marijuana within the City. The Planning Commission and staff recommend approval of Zoning Text Amendment No. 17-001. Environmental Status: The proposed project is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act. Strategic Plan Goal: Improve quality of life Attachment(s): 1. Suggested Findings —ZTA No. 17-001 2. 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 on Non-Medical Marijuana as well as Adopt Regulations Regarding Non-Medical Marijuana Cultivation." 3. Legislative Draft of Chapter 204 Use Classifications 4. Planning Commission Staff Report dated July 25, 2017 5. PowerPoint Presentation Item 21 . - 3 HB -428- ATTACHMENT # 1 SUGGESTED FINDINGS FOR APPROVAL ZONING TEXT AMENDMENT NO. 17-001 SUGGESTED FINDINGS FOR APPROVAL - ZONING TEXT AMENDMENT NO. 17-001: 1. Zoning Text Amendment No. 17-001 amends Chapter 204 Use Classifications of the Huntington Beach Zoning and Subdivision Ordinance to amend the Prohibited Uses section, add a Prohibited Uses Commercial Non-Medical Marijuana Businesses and Deliveries section, and add a Non-Medical Marijuana Cultivation section. ZTA No. 17-001 is consistent with the goals, policies and objectives specified in the General Plan by expressly prohibiting commercial non-medical marijuana businesses and deliveries of non-medical marijuana and regulating the cultivation of non-medical marijuana while continuing to allow permitted uses. 2. In the case of the general land use provisions, the amendments proposed are compatible with the uses authorized in, and the standards prescribed for the Zoning districts for which they are proposed. The changes do not affect zoning of any property or the development standards thereof. 3. A community need is demonstrated for the proposed amendment to ensure that the HBZSO expressly prohibits any sale or distribution of non-medical marijuana in the City, prohibits the deliveries of non- medical marijuana, and regulates the cultivation of non-medical marijuana as allowed by state law. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice. Approval of Zoning Text Amendment No. 17-001 will ensure that commercial non-medical marijuana businesses and deliveries of non-medical marijuana are not allowed in the City and the cultivation of non-medical marijuana follows State regulations. HB -429- Item 21. - 4 ATTACHMENT #2 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: 17-5917/161951/7/14/mv 1 ORDINANCE NO. 4137 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. I. 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 17-5 917/161951/7/14/mv 2 ORDINANCE NO. 4137 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 pen-nit 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 pennitted 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 17-5917/161951/7/14/mv 3 ORDINANCE NO. 4137 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. 17-5917/161951/7/14/mv 4 ORDINANCE NO. 4137 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 17-5917/161951/7/14/mv 5 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. 17-5917/161951/7/14/mv 6 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 5 day of � � 2017. t; � MMKIMAr - Mayor ATTEST: APPROVED AS TO FORM: City Clerk Fn City Attorn AV REV IEW.APPROVED: 1NITI,4UD AND APPRO ED: City anager Police Chief 17-5917/161951/7/14/mv 7 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 City Clerk and ex-officio Clerk Senior Deputy of the City Council of the City of Huntington Beach, California ATTACHMENT #3 Excerpts from Chapter 204 Use Classifications 204.18 Prohibited Ekes—Medical Marijuana Businesses A. Purpose. In order to expressly inform the public that any distribution of marijuana by Medical Marijuana Businesses, Collectives, Cooperatives or Dispensaries, etc., is prohibited in the City of Huntington Beach, the City is adding this express prohibition to the Zoning and Subdivision Ordinance. B. Definitions. For purposes of this section,the following term is defined: 1. 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 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 distribution of marijuana. C. Medical Marijuana Businesses, Collectives, Cooperatives or Dispensaries. A 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 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 Medical Marijuana Business, Collective, Cooperative or Dispensary in the City. (4059-5/15, 4058-6/15) D. Public Nuisance. :Anv use or condition caused or permitted to exist in violation of aiiv of_tl_�e_ur.ovisions_..of this article is hereby declared a public nuisance and may be abated by the Clty. 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 anv other remedies that may be available to the City. or any penalty that may be imposed by the City. for violations ofthis article. Such additional remedies, include. but are not limited to. injunctive relief or administrative citations. 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 Dispgasaries..etc.. however named is prohibited.in the Cite of Huntington Beach, the City is_addii�g this express prohibition to the Zoning and Subdivision Ordinance. B. Definitions. Unless otherwise specifically defined herein.the definitions contained„Nvithin 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. ca-op, residence, 1 HB -437- Item 21. - 12 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, exchanaed 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 marijua�ducts 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 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 and- other- such business.no matter how so named,..._is not a_.perm.irted use in any zon n., district or specific Man in the City. It shall be unlawful for any person or entity_ to ow_n,_manaLe. establish. conduct or operate a Commercial Non-Medical Marjuana 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, empl.ovee, contractor agent or volunteer. or in any other manner.or capacity. anv Commercial Nrni-Medical Marijuana Business. Collective. Cooperative or Dispensaiv in the Citv. D. Non-Miedical Marijuana Deliveries. Delivery of non-medical marijuana is not a permitted use in anv zonina district or specific plan in the City. No permit or any other applicable license or entitlement for use, nor ariv 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 anv 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 l ublic nuisance and may be enforced pursuant to the provisions of the Municipal Code including the Zonina and Subdivision Ordinance, 2. Nothing in this article in anv way limits anv other remedies that may be available to the Citv. or any penalty that may be imposed by the City. for violations of this article. Such additional remedies include, but are not limited to.__.iIIJunetive relief or administrative citations. 204.22 Non-Medical Marijuana Cultivation A._____Puroose.,The purpose and intent of this article is to....reaulate the.cultivation_ofaion-medical marijuana in a manner that protects the health. safety and welfare of the community. Health and Safetv Code section 113612 authorizes the City to adopt reasonable regulations regarding the cultivation of non-medical marijuana inside a private residence oi-accessory structure to a private residence. That section also authorizes the City to completely prollibit the cultivation of non- 2 Item 21 . - 13 HB -438- medical marijuana outside. as long as the California Attornev 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 vears 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 authoritv to grow non-medi_eal 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 ap 'ately 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 maxi'ut ana plants from impacting adjacent properties: and to ensure that marijuana grown_in the City remains secured. g. 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 Buildima Code and Zonin.g..and Subdivision Ordinance. and has a complete..roof enclosure Supportedbv connectim—T walls extendina 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 entrv. 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 nor -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 11 1362.1 et sey. 3. Non-medical marijuana cultivation means the planting. growing. harvesting, drying or processing of non-medical mariivana 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 anv location within the Citv 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. S. Private residence means a house. an apartment unit. a mobile home or other similar dwelling. C. Cultivation of non-medical [marijuana. The following regulations shall apply to the cultivation of non-medical marijuana within the Citv: 3 HB -439- Item 21. - 14 1. Cultivation not in compliance vNith this article. It is declared to be unlawful and apublic nuisance for anv person owning, leasing, occtipvin_or having charge or possession of anv parcel or premises within any zoning district or_specific plan in the Citv to cultivate non- medical marijuanna except as provided for in this Code._.No person other than an individual 21 \,cars of age or older may engage in the cultivation of non-medical mari:ul ana. 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 Citv to cause or allow such parcel or premises to be used for the outdoor cultiv__ation of nonmedical marijuana. �. 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 jn commercial zones. when such cultivation occurs on a parcel or premises with an app-11 ved privateresidence. 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 f illy 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 ot_non-tined-Ical illarijuail.a shall comivav vyjth the Huntington Beach N11-11licjual Code including the Zoning and Subdivision Ordinance. as well as applicable Ia\�. c. Indoor crow lights shall not exceed 1,200 watts per Iig11t. and shall co��ply with the California Building, Electrical and Fire Codes as adopted by the City. Lights shall be located away fi-om combustible materials and a minimum of 30 inches from fire sprinklers. d. The use of gas products (CO,, butane.propane, natural gas. etc.) or generators for cultivation of non-medical marijuana is prohibited. e. An, 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 sliall prevent marijuana plant odors from exiting the interior of the structure and that shall cMDly vith..the Hltlitington Beach Municipal Code, ineltidi U the Zoning and Subdivision Ordinance. f. A full, enclosed and secure structure used for the cultivation of non-medical unariivana 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 anv other applicable development standards of the zoning district. The yard where the fully enclosed and secure structure is maintained must 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 fullv enclosed and secure structure or the residential structure prior to the commencement o'f cultivation. 4 Item 21 . - 15 HB -440- h. Non-medical marijuana cultivation shall be limited to six mariivana plants per private residence. regardless of vvhether the marijuana is cultivated inside the residence or a fully enclosed and secure structure. The limit of six plants Der private residence ste all_apoly regardless of how manv 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 witli pro_perMLress and egress_ These rooms shall not be used for non-medical mariivana cultivation where such cultivation will prevent their_p.1-,irnary use for cooking of meals. sleen.iv «and bathinQ. J. Cultivation of non-medical marijuana shall only,take place on impervious surfaces. k. From a public right-of-wav, there shall be no exterior evidence of non-medical mariivana cultivation occurrin«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. In. Written consent of the property owner to cultivate non-anedical mariivana 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 l OB:C_ op rtable fire_extinguislier that cornDl_ies,with theulations 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-inedical 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. Anv 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 of the Huntinaton_Beac_1,1_Zorrin�a»d.._.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 wav limits anv other remedies that may be available to the CAN,. or anv penalty that niav be imposed by the City. for violations ofthis article. Such additional remedies include. but are not limited to. injunctive relief or administrative citations. 5 H B -441- Item 21 . - 16 ATTACHMENT #4 1� City of Huntington Beach Community Development Department STAFF REPORT HUNTING70N BEACH TO: Planning Commission FROM: Scott Hess, AICP, Director of Community Development BY: Tess Nguyen, Associate Planner DATE: July 25, 2017 SUBJECT: ZONING TEXT AMENDMENT NO. 17-001 (NON-MEDICAL MARIJUANA) APPLICANT: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 LOCATION: Citywide STATEMENT OF ISSUE: • Zoning Text Amendment (ZTA)No. 17-001 request: - To amend Chapter 204 Use Classifications of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to 1) amend Prohibited Uses section; 2) add a Prohibited Uses Commercial Non-Medical Marijuana Businesses section to prohibit any sale or distribution of non-medical marijuana; 3) add a Prohibited Uses—Non-Medical Marijuana Deliveries section to prohibit the deliveries of non-medical marijuana; and 4) add a Cultivation of Non-Medical Marijuana section to regulate the cultivation of non-medical marijuana. • Staff Recommendation: Approve Zoning Text Amendment No. 17-001 based upon the following: - Allows the HBZSO to be consistent with state law which allows cities to entirely exclude facilities that sell and distribute non-medical marijuana, to prohibit the deliveries of non- medical marijuana, and to regulate the cultivation of non-medical marijuana. - Does not alter zoning on any property. RECOMMENDATION: Motion to: "Approve Zoning Text Amendment No. 17-001 with findings (Attachment No. 1) and forward Draft Ordinance (Attachment No. 2) to the City Council for adoption." ALTERNATIVE ACTION(S); The Planning Commission may take alternative actions such as: A. "Deny Zoning Text Amendment No. 17-001 with findings for denial." Item 21. - 17 H B -442- B. "Continue Zoning Text Amendment No. 17-001 and direct staff accordingly." PROJECT PROPOSAL: Zoning Text Amendment No. 17-001 represents a request to amend Chapter 204 Use Classifications of the Huntington Beach Zoning and Subdivision Ordinance for the following sections: 1. Amend Section 204.18 Prohibited Uses 2. Add Section 204.20 Prohibited Uses—Commercial Non-Medical Marijuana Businesses to expressly prohibit any sale or distribution of non-medical marijuana. 3. Add Section 204.22 Prohibited Uses—Non-Medical Marijuana Deliveries to prohibit the deliveries of non-medical marijuana. 4. Add Section 204.24 Cultivation of Non-Medical Marijuana to regulate the cultivation of non- medical marijuana. Back,-round: In November 2016, Proposition 64 was passed by California voters and the Adult Use of Marijuana Act was adopted. Proposition 64 legalized certain non-medical use of marijuana for individuals 21 years of age and older. The Act allows 1) adults 21 years and older to use, possess, purchase, and grow non-medical (recreational) marijuana; 2) local governments to ban non-medical marijuana businesses; and 3) local governments to regulate the cultivation of non-medical marijuana for personal use by adults 21 years and older and to ban outdoor cultivation as set forth in the Act. Study Session: The project was introduced to the Planning Commission (PC) on July 11, 2017, at a study session. The PC inquired about several project-related issues that are identified and expanded upon below: CEQA Exemption The Zoning Text Amendment is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act. In 1997, the City Council adopted Resolution No. 4501 that included additional exemptions that are declared to be consistent with both the letter and intent of CEQA. Class 20 exemption applies to minor amendments to zoning ordinances that do not change the development standards intensity or density of such districts. Additional Nuisance Language The nuisance language in the Sections 204.18, 204.20, and 204.22 is intended to strengthen the ability to enforce these sections. Reason for Zoning Text Amendment The proposed Zoning Text Amendment for non-medical marijuana is being processed to clarify the City's existing ban and regulate the cultivation of non-medical marijuana. PC Staff Report—07/25/17 11B -44 J- (17sr2 Item 21 . - 18 California Attorney General Determination If the California Attorney General makes a determination that non-medical use of marijuana is lawful in California under federal law, the City would evaluate its implications before proposing any changes to Section 204.22 Non-Medical Marijuana Cultivation. Fire Code Requirements The following language was added to provided clarification specific to fire code requirements in Section 204.22.C.4: "Lights shall be located away from combustible materials and a minimum of 30 inches from fire sprinklers." "A 2A:lOB: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." Need for Disclosure No disclosure requirements are proposed for children living in the home or visiting the home where non-medical marijuana is cultivated. Communit}%Need According to the Police Department, other cities that have legalized non-medical marijuana, such as Colorado, have seen an increase in DUI arrests involving marijuana usage. Colorado also saw an increase in marijuana related hospitalizations and attribute an increase in homelessness to the appeal of legal marijuana. Organized crime has begun to infiltrate some of the cultivation businesses. The distribution of the product is primarily a cash business which has led to under-reporting of revenues. Locally, Huntington Beach has experienced problems with medical marijuana locations even though they are prohibited businesses by ordinance. There have been reports of robberies, thefts and attempted burglaries. It is reasonable to assume that commercial non-medical marijuana businesses and non-medical marijuana deliveries will have similar impacts. ISSUES: General Plan Conformance: The proposed Zoning Text Amendment is consistent with the goals of the City's General Plan as follows: A. Land Use Element: Goal LU 7: Achieve a diversity of land uses that sustain the City's economic viability, while maintaining the City's environmental resources and scale and character. B. Public Facilities and Services Element: Goal PF 1: Protect the community from criminal activity, reduce the incidence of crime and provide other necessary services within the City. Item 21. 19=port—07/25i17 HB -444- (17sr28 ZTA 17-001) The proposed text amendment will protect the City from adverse impacts such as increases in criminal activities, vehicular and pedestrian traffic, and nuisances for adjacent properties. Zoning Compliance: Not applicable. Urban Design Guidelines Conformance: Not applicable. Environmental Status: The proposed project is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act. Coastal Status: This project would be considered a minor amendment to the City's Local Coastal Program and will be forwarded to the California Coastal Commission with other minor amendments for certification. Design Review Board: Not applicable. Subdivision Committee: Not applicable. Other Departments Concerns and Requirements: Not applicable. Public Notification: Legal notice was published in the Huntington Beach Wave on July 13, 2017. As of July 18, 2017, no communication supporting or opposing the request has been received. Application Processing Dates: DATE OF COMPLETE APPLICATION: MANDATORY PROCESSING DATE(S): Not Applicable Legislative Action -Not Applicable ANALYSIS: The proposed Zoning Text Amendment was initiated to amend the HHZSO to expressly articulate the prohibition of any sale, distribution, and deliveries of non-medical marijuana in the City and to regulate the cultivation of non-medical marijuana. The draft ordinance (Attachment No. 2) and legislative draft (Attachment No. 3) provides the new language to be added to the HBZSO. The proposed Zoning Text Amendment prohibits outdoor cultivation of non-medical marijuana and imposes reasonable regulations on indoor cultivation of non-medical marijuana when cultivation is authorized by California law. The Adult Use of Marijuana Act allows adults 21 years and older to cultivate up to six marijuana plants for non-medical use. Pursuant to the proposed Section 204.22 Non-Medical Marijuana Cultivation, the indoor cultivation of non-medical marijuana is permitted at residential properties and shall comply with the following criteria: PC Staff Report—07/25/17 HB -445- (l 7sr2 Item 21. - 20 — within a fully enclosed or secure structure or within a residential structure — not visible to the general public — provide for the health, safety, and welfare of the public — prevent odor created by non-medical marijuana plants from impacting adjacent properties According to input provided by the Police Department, allowing non-medical marijuana businesses to operate in Huntington Beach would negatively impact the quality of life for the City's residents, visitors, and businesses. The City has expended significant resources to enforce the prohibition of medical marijuana businesses. Staff time has been spent on tracking down property owners and business owners whom provide false information on business license and rental documents. Staff found significant modifications to building structures without proper permits or safety inspections. The modifications violated building and fire codes, creating an unsafe environment for employees, customers, and surrounding businesses. There has been incidents of crime, ranging from arson fire and armed robbery. Allowing non-medical marijuana businesses would further exacerbate the issues currently encountered from the operation of illegal dispensaries and collectives. Adopting the proposed zoning text amendment would support the City's position of prohibiting all marijuana within the City. Staff recommends that the Planning Commission approve Zoning Text Amendment No. 17-001 and forward to the City Council for adoption. ATTACHMENTS: 1. Findings for Approval —Zoning Text Amendment No. 17-001 2. Draft Ordinance No. 4137 Amending HBZSO Chapter 204 by Amending Section 204.18 (Prohibited Uses) and Adding Section 204.20 (Prohibited Uses—Commercial Non-Medical Marijuana Businesses and Deliveries) and Section 204.22 (Non-Medical Marijuana Cultivation) 3. Legislative Draft of Chapter 204 Use Classification SH:JJ:TN:kd Item 21. - 21 -,port—07/25/17 H B -446- (17sr28 zTA 17-001) ATTACHMENT NO. 1 SUGGESTED FINDINGS FOR APPROVAL ZONING TEXT AMENDMENT NO. 17-001 SUGGESTED FINDINGS FOR APPROVAL - ZONING TEXT AMENDMENT NO. 17-001: 1. Zoning Text Amendment No. 17-001 amends Chapter 204 Use Classifications of the Huntington Beach Zoning and Subdivision Ordinance to amend the Prohibited Uses section, add a Prohibited Uses—Commercial Non-Medical Marijuana Businesses and Deliveries section, and add a Non- Medical Marijuana Cultivation section. ZTA No. 17-001 is consistent with the goals, policies and objectives specified in the General Plan by expressly prohibiting commercial non-medical marijuana businesses and deliveries of non-medical marijuana and regulating the cultivation of non-medical marijuana while continuing to allow permitted uses. 2. In the case of the general land use provisions, the amendments proposed are compatible with the uses authorized in, and the standards prescribed for the Zoning districts for which they are proposed. The changes do not affect zoning of any property or the development standards thereof. 3. A community need is demonstrated for the proposed amendment to ensure that the HBZSO expressly prohibits any sale or distribution of non-medical marijuana in the City, prohibits the deliveries of non- medical marijuana, and regulates the cultivation of non-medical marijuana as allowed by state law. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice. Approval of Zoning Text Amendment No. 17-001 will ensure that commercial non-medical marijuana businesses and deliveries of non-medical marijuana are not allowed in the City and the cultivation of non-medical marijuana follows State regulations. PC Staff Report—07/25/17 Attachment No. L l HB -447- Item 21. - 22 ATTACHMENT #5 FM z J W a Q o V Z ZLLJ LLJ � � � N0#4 � S FM � N N 1 p� x O � buo Z Q F— z 0 z z o � N W 4- ul Ul O c6 w E ca Ln , w � :D C �- 4-, O co N O '— c6 4� -0Ln C- (L) 0 4-J 4-J u > C- O ro co O c6 o � 3: °' ro N O C: > v ca .— . r •4ro O .� a� > '- =3 4- 0 M :_, 0 o O U z OW -0 I I l ;[3 _4 Item 21. - 24 c.n • a) V O cn • C o E -� co a� a� ro V , •— can � � +� 0 bn V -0 cn > O `� O 4� .� o � 4—j Ln � L � E cn E 4— �Ln _0 O . . 0 j cn ca Ln a� > > •_ oNIno oZi ca v, � CAA •� r�A � o � Q -0 o E o D CM: Item 21 . - 25 i O O O •- ^^ ,, >_ W ._ M -0 7-) E V :3 _0 (1) 4) V cn .— O L/) 4- c6 ca .— �- U O (3) z (1) -0 Ul) •— W � ro c � O � G N � � 0 z N v ro NO c� w ( (2) m Q .� o a .- X U tU0 cn W _0 (L)cr -N U -0 � (3) tw La z E _ .� ro M -0 Z O 0 -0 o F-- +� O I— c6 ro N I I B -_, l_ Item 21. - 26 ^V) W ro � ro O r V • 4— un M cro 0 a) coL 0 G � Ln — O :Dc0E m •ro _0 Z3 - ro u M O > Ln �., z O u W O — +� O a) G 55 � v �� Z C) O > N Z nl � O •— N ro (A w � � � a) ADM LLJ :E bD C: a� c� o z a) r o O X � ,c� � � � � ca V, C, IMMMMMMM ( n " .- w > .O W O E Uj � � ro V z 0 Z o o � .� � O D0 a� U c6 E U E ICI I I Item 21 . - 27 HB -452- Z O Q -0 C; o � z Q N C- Ln E Q)E E Z � o � W � � a) L-. E 0 C: < .2 4-j Ln X G � No � E c- qA U O ui c bn N (3.) � c6 v O a � co O I riffs Item 21. - 28 i O O 1 O J O •— O 4.� cn C: cn O O � V O cn O m .— 4-J O E :3 D -I- O � .— ,— QL .— CAA ., O V ,> . cn — � O 4) J c: -� O ca C: w > C J m tw +-j V a-J V O to ro a-j E c O m 4-j V > U m cn Q) E -o +-i Q) L Q) 'L Co a--' C6 C6 V cn V 0 Q) E Q) E can Q; ca V m to i -� V V E co 0 > Z3 .� CAA O Q) w •— •— Lu O ca E o- Q c: ooC S I I I Item 21. - 29 HB -454- I 4 E o+-j E +-j _W O � N E ° V) Q -0 +_j - ,Q) C- .� Q •— Un Q ccn E E •— n `•+_ . Q �„ L u EL ca E X ° C: V ui �z +-j M M •- Q U � L � M (a) �A CAA � � C o .Li E .� .� •� ,:zt w � Q CD .c 3: o ca N N C � �- 4� o 3: N c6 O +� 0 (-a � O +- 4 -' ca O uj _0 ca U cn V) U ca C:> •— > Ul) c6 ° ° +� 4-- _ Q +- E Q E u o cry M M I I Item 21 . - 30 NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, August 21, 2017, at 6:00 p.m. in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following planning and zoning item: ❑ 1. ZONING TEXT AMENDMENT NO. 17-001 (CHAPTER 204 USE CLASSIFICATIONS — NON-MEDICAL MARIJUANA SALES, DELIVERIES, AND CULTIVATION) Applicant: City of Huntington Beach Request: To amend Chapter 204 Use Classifications of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to 1) amend Section 204.18 Prohibited Uses; 2) add Section 204.20 Prohibited Uses — Commercial Non-Medical Marijuana Businesses and Deliveries to expressly prohibit any sale or distribution and deliveries of non- medical marijuana; and 3) add Section 204.22 Cultivation of Non-Medical Marijuana to regulate the cultivation of non-medical marijuana. Location: Citywide City Contact: Tess Nguyen, Associate Planner NOTICE IS HEREBY GIVEN that Item #1 is categorically exempt from the provisions of the California Environmental Quality Act. NOTICE IS HEREBY GIVEN that Item # 1 will require Local Coastal Program Amendment to be certified by the California Coastal Commission. ON FILE: A copy of the proposed request is on file in the Community Development Department, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office or on line at http://www.huntingtonbeachca.gov on Thursday, August 17, 2017. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions please call the Community Development Department at (714) 536- 5271 and refer to the above items. Direct your written communications to the City Clerk. Robin Estanislau, City Clerk City of Huntington Beach 2000 Main Street, 2"d Floor Huntington Beach, California 92648 714-536-5227 J RY. 5160® Easy Peel'Address Labels Go to avery.com/templates i Bend along line to expose Pop-up Edge' I Use Avery Template 5160 1 1 2 5 HB Chamber of Commerce Orange County Assoc.of Realtors Huntington Beach Tomorrow President Dave Stefanides President 2134 Main St.Ste. 100 25552 La Paz Road PO Box 865 Huntington Beach,CA 92648 Laguna Hills,CA 92653 Huntington Beach,CA 92648 8 6 INTEROFFICE-9 ETI: Corral 100 Building Industry Assoc.of South Calif. Environmental Board Jean Kimbrell,Treasurer ATTN:Victor Cao,Government Affairs Manager Antonia Graham P.O. Box 2298 17744 Sky Park Circle#170 2000 Main Street,41h Floor Huntington Beach,CA 92647 Irvine, CA 92614 Huntington Beach,CA 92648 I 12 13 14 Rutan&Tucker, LLP Newland House Museum Historic Resources Board Chair Jeffrey M.Oderman Pres.,H.B. Historical Society Kathie Shey 611 Anton Blvd., 14th Floor 19820 Beach Blvd. 3612 Rebel Circle Costa Mesa, CA 92626-1950 Huntington Beach,CA 92648 Huntington Beach,CA 92649 19 19 20 O.C.Ping.&Dev.Services Dept. O.C. Planning&Develop. Dept. City of Costa Mesa Director Michael Balsamo Planning Director P.O. Box 4048 P.O. Box 4048 P.O.Box 1200 Santa Ana, CA 92702-4048 Santa Ana, CA 92702-4048 Costa Mesa,CA 92628-1200 21 ! 22 23 City of Fountain Valley City of Newport Beach City of Westminster Planning Director Planning Director Planning Director 10200 Slater Ave. P.O. Box 1768 8200 Westminster Blvd. Fountain Valley,CA 92708 Newport Beach, CA 92663-8915 Westminster, CA 92683 24 25 26 City of Seal Beach California Coastal Commission Department of Transportation, Dist. 12 Planning Director Teresa Henry,South Coast Area Office Maureen El Harake, Branch Chief 211 Eighth St. 200 Oceangate, 10th Floor 1750 E 41"Street#100 Seal Beach,CA 90740 Long Beach, CA 92802-4302 Santa Ana,CA 92705 57 40 Kathleen Belohovek 60 Hearthside Homes 9101 Five Harbors Dr. Paula Leonard 27285 Las Ramblas, Suite 210 Huntington Beach,CA. 92646 4951 Hilo Circle Mission Viejo,CA 92691 Huntington Beach,CA 92647 i7- nm--/l &Nke Pat:avery.com/patents ; ttiquettes d'adresse Easy Peel® Allez a avery.ca/gabarits i Repliez b la hachure afin de r6vL61er le rebord Pop-up' i Utilisez le Gabarit Avery 5160 1 NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, August 21, 2017, at 6:00 p.m. in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following planning and zoning item: ❑ 1. ZONING TEXT AMENDMENT NO. 17-001 (CHAPTER 204 USE CLASSIFICATIONS — NON-MEDICAL MARIJUANA SALES, DELIVERIES AND CULTIVATION) Applicant: City of Huntington Beach Request: To amend Chapter 204 Use Classifications of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to 1) amend Section 204.18 Prohibited Uses; 2) add Section 204.20 Prohibited Uses — Commercial Non-Medical Marijuana Businesses and Deliveries to expressly prohibit any sale or distribution and deliveries of non- medical marijuana; and 3) add Section 204.22 Cultivation of Non-Medical Marijuana to regulate the cultivation of non-medical marijuana. Location: Citywide City Contact: Tess Nguyen, Associate Planner NOTICE IS HEREBY GIVEN that Item #1 is categorically exempt from the provisions of the California Environmental Quality Act. NOTICE IS HEREBY GIVEN that Item # 1 will require Local Coastal Program Amendment to be certified by the California Coastal Commission. ON FILE: A copy of the proposed request is on file in the Community Development Department, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office or on line at http://www.huntingtonbeachca.gov on Thursday, August 17, 2017. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions please call the Community Development Department at (714) 536- 5271 and refer to the above items. Direct your written communications to the City Clerk. Robin Estanislau, City Clerk City of Huntington Beach 2000 Main Street, 2"d Floor Huntington Beach, California 92648 714-536-5227 http://huntingtonbeachca.qov/HBPublicComments/ Switzer, Donna From: David Ward [d award @scng.com] Sent: Thursday, August 03, 2017 12:52 PM To: Switzer, Donna Subject: Re: Legal Ad Good afternoon Donna. Below is the proof for your notice. You are all set and ready to go. Have a great Thursday and even better weekend!!! Ad#10991621 Run Date 8/10 Cost $180.00 PROOF i NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, August 21, 2017, at 6:00 p.m. in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following planning and zoning item: % 1 . ZONING TEXT AMENDMENT NO. 17-001 (CHAPTER 204 USE CLASSIFICATIONS - NON-MEDICAL MARIJUANA SALES, DELIVERIES, AND CULTIVATION) Applicant : City of Huntington Beach Request: To amend Chapter 204 Use Classifica- tions of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to 1 ) amend Section 204.18 Prohibited Uses; 2) add Section 204.20 Prohibited Uses - Commercial Non-Medical Marijuana Busi- nesses and Deliveries to expressly prohibit any sale or distribution and deliveries of non-medical marijuana; and 3) add Section 204.22 Cultivation of Non-Medical Marijuana to regulatq the cultivation of non-medical marijuana. Location : Citywide City Contact: Tess Nguyen, Associate Planner NOTICE IS HEREBY GIVEN that Item #1 is categorically exempt from the provisions of the California Environmental Quality Act. NOTICE IS HEREBY GIVEN that Item # 1 will require Local Coast- al Program Amendment to be certified by the California Coastal Commission. ON FILE : A copy of the proposed request is on file in the Community Development Department, 2000 Main Street, Huntington Beach, Cali- fornia 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office or on line at http ://www.huntingtonDeachca.ciov on Thursday, August 17, 2017. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written cor- respondence delivered to the City at, or prior to, the public hearing. If there are any further questions please call the Community Devel- opment Department at (714) 536-5271 and refer to the above items. Direct your written communications to the City Clerk. Robin Estanislau, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 714-536-5227 http://huntingtonbeachca.gov/H B PublicCommentsl Published : The Huntington Beach Wave August 10, 201710991621 2 Esparza, Patty From: Dombo, Johanna Sent: Monday, August 21, 2017 1:53 PM To: Agenda Comment Cc: Fikes, Cathy; CITY COUNCIL Subject: FW: will of the people AGENDA COMMENT From:Stacey Coburn [mailto:stacev@lrsrm.comj Sent: Monday,August 21, 2017 1:28 PM To: CITY COUNCIL Subject: will of the people Please count my vote in to legalize cannabis without a med card for HB. Thank you Stacey Stacey Coburn Realtor I Supervisor Property Management, Leasing & Sales - Orange County LRS Realty & Management, Inc. 15375 Barranca Parkway,Suite A-112 Irvine,CA 92618 Office:949-502-5583 Direct: 714-756-1300 BRE#01481632 About LRS: Website&Company Video Colossians 2.7 SUPPLEMENTAL COMMUNICATION Meeting Date: Agenda Item No. — 1 Estanislau, Robin From: Dombo, Johanna Sent: Monday, August 21, 2017 2:26 PM To: Agenda Comment Cc: Fikes, Cathy; CITY COUNCIL Subject: FW: Cannabis Sales in Huntington Beach AGENDA COMMENT From: Belindajon [mailto:belindaion@aol.com] Sent: Monday, August 21, 2017 2:18 PM To: CITY COUNCIL Subject: Cannabis Sales in Huntington Beach Dear City Council, It is my understanding there is going to be a vote on the sales of cannabis within the city of Huntington Beach. As a resident, please note that I fully support our city finding a safe place to allow cannabis dispensaries. Our city is large enough to create zoning to allow the dispensaries. Sincerely, Belinda Shepherd Huntington Beach Resident 'SUPPLEMENTAL COMMUNICATION .,:sting Date: �Z I It 1 enda Item No.: * 2 1. 1 Estanislau, Robin From: Dombo, Johanna Sent: Monday, August 21, 2017 2:30 PM To: Agenda Comment Cc: Fikes, Cathy; CITY COUNCIL Subject: FW: Cannabis Sales Re-Zoning AGENDA COMMENT From: Robert Dutton [mailto:bobalu42@gmail.coml Sent: Monday, August 21, 2017 2:30 PM To: CITY COUNCIL Subject: Cannabis Sales Re-Zoning I urge all Council members to freely allow Medical and recreational Cannabis sales and personal cultivation in the City of Huntington Beach. Robert Dutton 9122 Christine Dr. Huntington Beach. CA 92646 SUPPLEMENTAL COMMUNICATION ,� ting Date: 1 l Aoende Item No.• i Switzer, Donna From: Surf--City-Pipeline-[noreply.@user:govoutreach.com] Sent: Tuesday, August 22, 2017 8:01 AM To: Pipeline Clerk Agenda Subject: Surf City Pipeline: You have been assigned a new Request#: 30796 Request#30796 from the Government Outreach System has been assigned to you. Request type: Problem Request area: City Council - Agenda& Public Hearing Comments Citizen name: Bill Larkin Description: Medical vs Recreational Marijuana The problem with the Marijuana debate is proponents always conflate medical marijuana and recreational marijuana. The benefits of medical marijuana come from high levels of CBD, which naturally comes with low levels of THC (the Psychoactive ingredient that gets people high ). Medical Marijuana is grown to optimize the CBD oils, which comes at the expense of THC ( meaning high CBD oils, comes with lower THC levels. Recreational marijuana is grown to optimize the THC levels, which then means it comes with low levels of CBD ( reducing the medicinal effect ). The problem with today's recreational marijuana, there are no real studies on the super high THC levels that we're seeing today with some of the recreational stuff. When we were kids, the THC levels were 14%. When these states started legalizing marijuana, the THC levels were reaching 10-15%. Today, we're seeing THC levels reaching 30- 40%. There are no completed studies with THC levels this high which is extremely concerning as we're talking about our youth and our children's future. When you add the synthetic marijuana to the 'designer' marijuana that's being put out these days, who knows what this might mean. That said, there seems to be some good rational for medical marijuana, but that should not be conflated with the recreational stuff. SUPPLEMENTAL COMMUNICATION Just my 3 cents..., Bill Larkin e Expected Close Date: September 4, 2017 Meefing Date:- Click here to access the request 2-1Agenda Item No.: Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. i Estanislau, Robin From: Dombo, Johanna Sent: Monday, August 21, 2017 2:55 PM To: Agenda Comment Cc: Fikes, Cathy; CITY COUNCIL Subject: FW: Please uphold my vote! AGENDA COMMENT -----Original Message----- From: gino world [mailto:ginosworld(@gmail.com] Sent: Monday, August 21, 2017 2:35 PM To: CITY COUNCIL Subject: Please uphold my vote! We, in the city of HB overwhelmingly voted to legalize recreational sales. Please uphold our vote and allow shops to operate here and allow the city to profit from all the tax revenue. SUPPLEMENTAL COMMUNICATION Z 7 --7-zz Agenda Item No.:®` i Esparza, Patty From: Dombo, Johanna Sent: Tuesday, August 22, 2017 8:40 AM To: Agenda Comment Cc: Fikes, Cathy; CITY COUNCIL Subject: FW: Marijuana Zoning AGENDA COMMENT From: Kyle Zemblidge [mailto:kzemblidge@gn,,ail.com] Sent:Tuesday, August 22, 2017 8:09 AM To: CITY COUNCIL Subject: Marijuana Zoning As a Huntington Beach citizen, and unfortunatly unable to attend a lot of these meetings due to work etc. I wanted to issue a short statement on this particular matter. It's too my understanding the use of the product is now legal in this state. The sale of it still being addressed. Why HB wouldn't go forward and not only listen to the will of its own city residents, not to mention the will of all the voting citizens in this state, is unacceptable. By not creating zoning for dispensaries, you're effectively sending dollars that would be spent here into neighboring cities. Not to mention permits, business licences, and any applicable taxes. You personally may or may not like it. But the law was passed by a majority vote. We don't need more micro managing of our city going against state laws. I don't want to ramble on to much so I kindly thank you for your time. i Switzer, Donna From: Dombo, Johanna Sent: Tuesday, September 05, 2017 7:57 AM To: Agenda Comment Cc: Fikes, Cathy; CITY COUNCIL Subject: FW: Cannabis Success stories AGENDA COMMENT From: Bobbi Ashurst [mailto:bobbiashurst@rocketmail.com] Sent: Saturday, September02, 2017 1:31 PM To: CITY COUNCIL Subject:Cannabis Success stories Dear Mayor and City Council Members, Please read the attached article. It is extremely important that you get a well rounded view of the actuality of Cannabis sales and how it can benefit our city. It is unfortunate that many of you have chosen to hang your hats on the negative pole rather than read and learn all sides. Huntington Beach is a vibrant community that has put most of it's eggs in the tourist basket. We count on the influx of outsiders so much that many of our own citizens feel abandoned. We are forced to go outside our city to purchase what we need. What if all those who do that also bought our cars, mattresses, furniture, high ticket items as well as dining and entertainment options......all out of city? If Huntington Beach can pony up funds for promotional "event opportunities" that if they produce returns, it will be in the future...5 or more years down the road, surely we can figure out a zoning option for cannabis. We are not "experimenting" nor should we be "waiting to see what happens elsewhere"! In Orange County, Anaheim and Santa Ana are already making it work. And Alameda, is benefiting now as well. Let's get on the ball, folks! The voters in HB spoke loudly and yet, we still cannot get it together for those who suffer without! www.thecannifornian.com/cannabis-news/northern-california/cannabis-generate-1-6- million-annually- alameda/?utm campaign=Echobox8vutm medium=Social8vutm source=Facebook#link tim e=1504220537 SUPPLEMENTAL COMMUNICATION A wft Date.__ S- 4 Agenda Mm #NN Cannabis could generate up to$1.6 million annually in Alameda -The Can... Tax revenue from future cannabis businesses in Alameda generate as much as$1.6 million annually: according to a... Warm regards, Bobbi Ashurst ph - 714-969-6400 fx - 714-969-0549 cell- 714-287-7302 bobbiashurst(_)rocketmail.com 2 Switzer, Donna From: Dombo, Johanna Sent: Tuesday, September 05, 2017 7:42 AM To: Agenda Comment Cc: Fikes, Cathy; CITY COUNCIL Subject: FW: Cannabis AGENDA COMMENT From: lisa Ayres-Smith [mailto:issilissa@vahoo.com] Sent: Monday, September 04, 2017 5:28 PM To: CITY COUNCIL Subject: Cannabis To all city council members, I wanted to let you know that I am all for having cannabis shops in the city of Huntington Beach, as are the majority of residents. I also am in favor of the money the city would make in this effort. Sincerely, Lisa Ayres-Smith 16787 Beach Blvd #752 Huntington Beach, CA 92647 SUPPLEMENTAL COMMUNICATION Meeting Date: '" S-1-7 Agenda Item No.; f D 1 Switzer, Donna From: Dombo, Johanna Sent: Tuesday, September 05, 2017 7:42 AM To: Agenda Comment Cc: Fikes, Cathy; CITY COUNCIL Subject: FW: Intelligent Zoning of Cannabis Sales. AGENDA COMMENT From: Peter Dunworth [mai Ito:Peterdunworth760@gmail.com] Sent: Monday, September 04, 2017 4:23 PM To: CITY COUNCIL Subject: Intelligent Zoning of Cannabis Sales. Dear City Council, I am a Huntington Beach resident and I support intelligent zoning of Cannabis Sales. I vote. Regards, Peter Dunworth SUPPLEMENTAL COMMUNICATION Meedng Date: �l�S- / 7 Agenda Item No.: / D Switzer, Donna From: Dombo, Johanna Sent: Tuesday, September 05, 2017 10:54 AM To: Agenda Comment Cc: Fikes, Cathy; CITY COUNCIL Subject: FW: re Zoning Text Amendment No. 17-001, comment AGENDA COMMENT SUPPLEMENTAL COMMUNICATION From: Dan Jamieson [mailto:dan4amieson4@hotmail.com] Meelfng per' �✓ " r I Sent:Saturday, September 02, 2017 10:36 AM To: Dombo,Johanna Agenda Item No.: to Subject: re Zoning Text Amendment No. 17-001, comment Dear City Council, Please vote no on Zoning Text Amendment No. 17-001. City and state residents voted overwhelmingly to legalize recreational cannabis use. The City (HB) should not, for political purposes, decide that it knows better. Notably, the justification for continuing the City's prohibition policy, provided to the Planning Commission and City Council by the Police Dept., is incorrect and misleading. According to the Council agenda statement, HB "has expended significant resources to enforce the prohibition of medical marijuana businesses. Staff time has been spent on tracking down property owners and business owners whom [sic] provide false information on business license and rental documents," and "[a]llowing non- medical marijuana businesses would further exacerbate the issues." This is false. Legalizing recreational use eliminates the law-enforcement efforts needed to uphold prohibition. Incidents of crime occur with illegal activity; legalization will decrease these incidents. In addition, the Police Dept. provided misleading information to the City Council in its study session. In a slide show and presentation, Chief Handy and city attorney Gates referenced unsourced data on Colorado's experience with legalization. The data they gave was entirely negative. 1 The source of that data appears to be from a Sept. 2016 report produced by the Rocky Mountain High Intensity Drug Trafficking Area, a unit made of law enforcement agencies with responsibility for drug enforcement. While law enforcement should not be ignored in the legalization debate, agencies whose jobs and budgets depend on drug prohibition are not unbiased observers. A better source of data on the Colorado experience is a March 2016 report from the Colorado Department of Public Safety. ("Marijuana Legalization in Colorado: Early Findings,"A Report Pursuant to Senate Bill 13-283, March 2016, https://cdpsdocs.state.co.us/ors/docs/reports/2016-SB 13-283-Rpt.pdf) MarUuana Legalization in Colorado: Early Findings: A ... cdpsdocs.state.co.us Marijuana Legalization in Colorado: Early Findings . A Report Pursuant to Senate Bill 13-283 . March 2016 Colorado Department of Public Safety Division of Criminal ... The Colorado Department of Public Safety's (CDPS's) extensive survey paints a much more mixed picture than the misleading conclusions from the HB Police Dept. For example, the CDPS survey found that Colorado's property and violent crime rates had fallen since marijuana was made medically available and then legalized. And arrests for cannabis and the number of illegal grow sites declined. The CDPS concludes that: "[I]it is too early to draw any conclusions about the potential effects of marijuana legalization or commercialization on public safety, public health, or youth outcomes, and this may always be difficult due to the lack of historical data." Additionally, the presentation by Mr. Gates and Mr. Handy dismissed the potential revenue to HB from legalization. Yet in Colorado, total revenue from taxes, licenses and fees increased from $76 million in 2014 (the first year of recreational legalization) to $135 million in 2015—up 77%. In short, the HB's prohibition policy is unsupported by both the residents and the facts. 2 Please vote no on the amendment, and reconsider the City's strict prohibition policy. Sincerely, Dan Jamieson, HB 3