TO:
Honorable Mayor and Members of the City Council
THROUGH:
Mark Danaj, City Manager
FROM:
Marisa Lundstedt, Community Development Director
Laurie Jester, Planning Manager
Jason Masters, Assistant Planner
SUBJECT:Title
Second Reading of Ordinance No. 16-0036 and Ordinance No. 16-0001 Prohibiting the Cultivation of Medical Marijuana in the City and in the City’s Coastal Zone and Adoption of Resolution No.16-0012 Transmitting Local Coastal Program Code Amendments to the California Coastal Commission (Community Development Director Lundstedt).
ADOPT ORDINANCE NO. 16-0036 AND ORDINANCE NO. 16-0001, AND RESOLUTION NO. 16-0012
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Recommended Action
RECOMMENDATION:
Staff recommends that the City Council waive further reading, adopt the findings contained in the staff report, and adopt Ordinance No. 16-0036 and Ordinance No. 16-0001, prohibiting cultivation of medical marijuana in the City and in the City’s Coastal Zone, and adopt Resolution No. 16-0012 authorizing the submission of Ordinance No. 16-0001 to the California Coastal Commission.
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FISCAL IMPLICATIONS
There are no fiscal impacts associated with the adoption of the ordinances.
BACKGROUND
On January 5, 2016, the City Council introduced Ordinance Nos. 16-0036 (Zoning Code Amendment) and 16-0001 (Local Coastal Program Amendment). At this time, staff recommends that the City Council adopt Ordinance Nos. 16-0036 and 16-0001 and Resolution No. 16-0012. The redline-strikeout versions of the Ordinances indicate the minor non-substantive revisions since the first reading on January 5, 2015.
DISCUSSION
The Medical Marijuana Regulation and Safety Act (“MMRSA”) requires a city to take affirmative action if it wants to prohibit or regulate the cultivation of medical marijuana within its jurisdiction. Pursuant to the MMRSA, the City must adopt a land use regulation prohibiting or regulating the cultivation of medical marijuana that is in effect before March 1, 2016, or else it will be precluded from doing so in the future. In order to retain local jurisdiction, staff prepared the two attached ordinances prohibiting the cultivation of medical marijuana. The ordinances prohibit cultivation of medical marijuana anywhere in the City, including the City’s Coastal Zone.
Findings:
The proposed text amendments have been prepared in accordance with the provisions of California Government Code Section 65853, and are consistent with the following General Plan Goals and Policies:
Land Use Element Goal LU-5: Protect residential neighborhoods from the intrusion of inappropriate and incompatible uses.
Community Safety Element Goal CS-1: Minimize the risks to public health, safety, and welfare resulting from natural and human-caused hazards.
The proposed text amendments are consistent with the following Local Coastal Program Policy:
II. Coastal Locating and Planning New Development Policy- Policy
II.1: Control Development within the Manhattan Beach coastal zone.
ENVIRONMENTAL REVIEW
Pursuant to the California Environmental Quality Act (“CEQA”), the Community Development Department has determined that the proposed prohibition on marijuana cultivation is exempt from the requirements of CEQA and the City’s CEQA Guidelines pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed prohibition on marijuana cultivation within the City’s jurisdiction will have a significant effect on the environment. The ordinances impose greater limitations on uses and activities allowed in the City, and will thereby serve to eliminate potential significant adverse environmental impacts. The ordinances will not have an impact on the physical environment as they will not result in any changes to the environment.
CONCLUSION
Staff recommends that the City Council waive further reading, adopt the findings contained in the staff report, and adopt Ordinance No. 16-0036 and Ordinance No. 16-0001, prohibiting cultivation of medical marijuana in the City and in the City’s Coastal Zone, and adopt Resolution No. 16-0012 authorizing the submission of Ordinance No. 16-0001 to the California Coastal Commission.
Attachments:
1- Ordinance No. 16-0036 (MBMC)
2- Ordinance No. 16-0001 (LCP)
3- Resolution No. 16-0012- Transmitting ORD 16-0001 to the CCC
4- Ordinance No. 16-0036- MBMC Redline Strikeout
5- Ordinance No. 16-0001- LCP Redline Strikeout
cc. California Coastal Commission