FIRST READING OF AN ORDINANCE PROHIBITING CANNABIS-RELATED C…POSITION 64 (MASTER CASE NO.

17-266) - City of Santa Clarita 4/23/18, 10*39 AM

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City Council Agenda Item

FIRST READING OF AN ORDINANCE PROHIBITING CANNABIS-RELATED COMMERCIAL

LAND USES AND RESTRICTING THE HOME CULTIVATION OF CANNABIS IN A MANNER
CONSISTENT WITH PROPOSITION 64 (MASTER CASE NO. 17-266)

Information
Department: Community Development Sponsors:
Category: Adopt Sub-Categorys: Ordinance

Attachments
Agenda Report
Public Hearing Notice
Ordinance
EXHIBIT A: Resolution P18-03
EXHIBIT B: Strikethrough Text
EXHIBIT C: 11/28/17 City Council Agenda Report
EXHIBIT D: Urgency Ordinance 17-14
Notice of Exemption

Fiscal Impact
There is no direct fiscal impact as a result of the recommended action. However, there is a potential impact to
the cost of enforcement activities of the City's Community Preservation and Building & Safety Divisions, as
well as a potential impact to enforcement activities of the Los Angeles County Sheriff's Department. The
extent of these impacts is unknown at this time.

Recommended Action
City Council conduct a public hearing, and introduce and pass to second reading an ordinance entitled: AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, APPROVING
MASTER CASE NO. 17-266, CONSISTING OF UDC AMENDMENT 17-003, AMENDING VARIOUS
CHAPTERS OF TITLE 17 (UNIFIED DEVELOPMENT CODE) OF THE SANTA CLARITA MUNICIPAL
CODE CONCERNING CANNABIS-RELATED COMMERCIAL LAND USES AND THE HOME
CULTIVATION OF CANNABIS.

Background/Alt Actions
BACKGROUND

Proposition 64 (Prop 64) was passed by voter initiative in November 2016 and allows for the possession, use,
sale, personal and commercial cultivation, manufacturing, testing, and delivery of recreational cannabis for
adults 21 years of age and older. The California Bureau of Cannabis Control (BCC) began to issue licenses for
commercial businesses on January 2, 2018. However, commercial licenses may only be issued by the BCC if
these uses are not prohibited by local ordinance. Cannabis remains a Schedule 1 drug under the Federal
Controlled Substance Act.

The City Council passed a temporary moratorium on commercial cannabis-related land uses on December 13,
2016. The purpose of the moratorium was to allow staff time to research the issue and present their findings to
the City Council. The moratorium was extended by the City Council on January 24, 2017, with an expiration
date of December 12, 2017.

At the November 28, 2017, City Council meeting, after consideration of staff’s report on their research and
testimony from the public, the City Council directed staff to prepare an ordinance which would: 1) prohibit all
commercial land uses associated with recreational cannabis; and 2) restrict personal home growth of cannabis
in a manner consistent with Prop 64. The City Council also adopted an Urgency Ordinance extending the
existing moratorium on cannabis-related commercial land uses for an additional year, to expire on December 12,

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FIRST READING OF AN ORDINANCE PROHIBITING CANNABIS-RELATED C…POSITION 64 (MASTER CASE NO. 17-266) - City of Santa Clarita 4/23/18, 10*39 AM

2018. This will allow staff time to prepare documents associated with the ordinance and follow the required
public hearing process for its eventual adoption. The City Council’s motion, containing both actions, was
approved unanimously.

On February 6, 2018, staff presented draft amendment language to Title 17 of the City of Santa Clarita Unified
Development Code (UDC) to the Planning Commission. Consistent with City Council direction, staff
recommended amendments that would prohibit cannabis-related commercial land uses and regulate the home
cultivation of cannabis. The Planning Commission adopted a resolution recommending the City Council approve
Master Case No. 17-266 with one suggested change to staff’s recommendation (see Analysis, below). The
motion passed with four votes in favor, no votes against, and one abstention. A signed copy of Resolution P18-03
is attached as Exhibit A.

PROJECT DESCRIPTION

The proposed project, Master Case No. 17-266, including UDC Amendment 17-003, is comprised of proposed
amendments to the following sections of the UDC: 17.11 (Definitions); 17.43 (Commercial Use Types); 17.51
(Property Development Standards - All Zones); 17.57 (Property Development Standards - Residential);
17.65.030 (Home Occupations); 17.66.025 (Cottage Food Operations); and 17.67 (Temporary Uses).

None of the proposed amendments will prohibit the possession, ingestion, smoking, or home cultivation of
cannabis by adults 21 years of age and older, provided those activities are conducted in a manner consistent with
Prop 64. Prop 64 includes regulations regarding where and when cannabis cannot be possessed and used and, as
a result, changes to the Tobacco Control portion of the City's Municipal Code are not required.

Proposed amendments are included in the draft Ordinance attached to this report. Strikethrough text is attached
as Exhibit B. Amendments are summarized as follows:

· 17.11.020, Definitions: New definitions have been added for “Cannabis,” “Commercial Cannabis
Activity,” “Commercial Cannabis Facility,” “Cultivation,” and “Products Containing Cannabis.”

· 17.43.010.7, Commercial Use Types: Replaces the existing commercial use type “Medical
Marijuana Dispensaries” with “Commercial Cannabis Facilities,” prohibiting them in all zones.

· 17.51.005, Cannabis Standards (All Zones): A new section of the UDC has been added identifying
cannabis-related commercial land uses, cottage food operations, home occupations, and temporary uses
as prohibited in all zones.

The section also includes requirements for the regulation of home cultivation of cannabis in all zones
within the City. Requirements include:

o Limiting the number of cannabis plants cultivated at any time to six per private
residence;
o Limiting cultivation of cannabis plants to within an enclosed, secured structure,
including private residences and accessory structures located on the grounds of a private
residence. Cultivation could not occur in garages, on balconies, in courtyards or other outdoor
spaces;
o Establishing standards for the limitation of odors;
o A prohibition on the use of combustible gases during the cultivation, known
as blasting;
o Limiting lighting used for home cultivation to 1,000 watts per lamp;
o A requirement for a fire extinguisher in the room or structure where the
cultivation occurs; and
o Standards for the disposal of cannabis plants cultivated at home.

· 17.57.020.T, Property Development Standards - Residential: New language referencing design

standards included in section 17.51.005 (above).

· 17.65.030, Home Occupation Permits, Prohibited Uses: New language adding cannabis-related
commercial land uses to the list of prohibited land uses for Home Occupation Permits.

· 17.66.025.M, Cottage Food Operations: New language prohibiting cannabis-related land uses from
receiving a Cottage Food Permit.

· 17.67.030.T, Temporary Uses: New language prohibiting cannabis-related land uses from receiving
a Temporary Use Permit.

The proposed amendments would impact all properties within the City of Santa Clarita in all zones.

ANALYSIS

Consistency with Prop 64

Prop 64 preserves local land use authority for cities and counties throughout California regarding commercial
land uses. Each city and county in the State of California can independently determine whether to allow or

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FIRST READING OF AN ORDINANCE PROHIBITING CANNABIS-RELATED C…POSITION 64 (MASTER CASE NO. 17-266) - City of Santa Clarita 4/23/18, 10*39 AM

prohibit the retail sale, commercial cultivation, manufacturing, testing, and delivery of cannabis within their
jurisdiction, in accordance with local land use and zoning designations.

Prop 64 does not allow local jurisdictions to prohibit personal possession, smoking, or consumption of cannabis,
nor does it allow local jurisdictions to prohibit the cultivation of up to six plants within a private residence.
However, local jurisdictions may reasonably regulate cultivation of cannabis within a private residence.

City Council Direction

The proposed amendments are consistent with the direction provided by the City Council at their regular meeting
on November 28, 2017, to prepare an ordinance prohibiting all commercial cannabis land uses and regulating
home cultivation in a manner consistent with Prop 64. At that time, the City Council also adopted an Urgency
Ordinance to extend the existing moratorium prohibiting recreational commercial cannabis land uses. The
moratorium will expire on December 12, 2018.

A copy of the agenda item that was presented to the City Council at their regular meeting on November 28,
2017, is attached as Exhibit C. That staff report contains a summary of staff’s research and findings regarding
Prop 64. A signed copy of the Urgency Ordinance (Urgency Ordinance 17-14) extending the moratorium on
recreational cannabis is attached as Exhibit D.

February 6, 2018, Planning Commission Resolution

At the Planning Commission meeting on February 6, 2018, the Planning Commission adopted Resolution P18-
03, recommending the City Council approve Master Case No. 17-266. A portion of staff’s proposed amendments
included regulations for the home cultivation of cannabis. Within those regulations, staff recommended home
cultivation be prohibited in garages and courtyards, on balconies, and in other outdoor spaces. As part of their
motion, the Planning Commission approved staff’s recommendation, but with an added amendment to remove
garages from the list of prohibited spaces for home cultivation, thereby allowing cultivation in garages. The
recommended ordinance language attached to this staff report continues to include the original staff
recommendation which includes garages as a prohibited space for the home cultivation of cannabis. The
Planning Commission’s amendment to staff’s recommendation is included as an alternative action within this
staff report.

Permitting

No permit will be required for the home cultivation of up to six cannabis plants as provided by Prop 64.
However, structural changes or upgrades to residential electrical panels to accommodate home cultivation may
require a Building Permit or Electrical Permit.

ENVIRONMENTAL

The project is exempt from the California Environmental Quality Act (CEQA) under Article 5 section 15061(b)
(3), the general rule exemption. The activity is covered by the general rule that CEQA applies only to projects
which have the potential for causing a significant effect on the environment. Where it can be seen with certainty
that there is no possibility that the activity in question may have a significant effect on the environment, the
activity is not subject to CEQA. The Notice of Exemption prepared for the project is attached.

NOTICING

All notices required by law were completed, which consisted of a one-eighth-page legal advertisement in
The Signal Newspaper on March 6, 2018. As of the writing of this staff report, no correspondence has been
received from the community.

ALTERNATIVE ACTION

City Council introduce and pass to second reading the proposed ordinance, but amended to include the Planning
Commission recommendation to remove garages from the list of prohibited spaces within private residences for
purposes of the home cultivation of cannabis.

Other actions as determined by the City Council.

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