Medical Marijuana - Whittier

8/14/2019 Medical Marijuana - Whittier

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ORDINANC E NO. 2870

AN ORDINANC E OF THE ClTY COUNCIL OF THE ClTY OFWHITTIER, CALIFORNIA, TO AMEND CHAPTER 18.52(VARIANCE AND CONDITIONAL USE PERMITS) AND TO

ADD CHAPTER 18.45 (ZONING) TO THE WHlTTlERMUNICIPAL CODE RELATING TO THE ESTABLISHMENTAND OPERATION OF MEDICAL MARIJUANADISPENSARIES IN THE ClTY OF WHlTTlER (CASE:ZONING CODE AMEND MENT 05-005)

WHEREAS, the voters of California acted in 1996 to pass Proposition 215, theCom passionate Use Act; and,

WH ER EAS , the legitimacy of this ne w law was challenged and ultimately decided infavor of upholding the validity of Proposition 215 by the Ca lifornia Supreme Court in the

case of People v. M ower, 28 Cal. 4Ih 457 (2002); and,

WH ER EAS , it is in furtherance of the hea lth, welfare and safety of the populacewithin the City of W hittier that businesses operated for the p urpose of furnishing medicalmarijuana in a manner compliant with the Compassionate Use Act be subject toreasonable regulation; and,

WHEREAS, the Zoning Code Amendment 05-005 was initiated by the City ofWhittier to reasonably regulate the establishment and operation of Medical MarijuanaDispensaries within the City of W hittier, and,

WH ERE AS, T he project has been determined to be Categorically Exemp t pursuantto Section 15305 (Class 5 - Minor Alterations in Land U se Limitations) of the CaliforniaEnvironmental Q uality Act.

NOW, THEREFORE, THE ClTY COUNCIL OF THE ClTY OF WHITTIER,CALIFORNIA, HEREBY ORDAINS AS FOLLOW S:

SECTION 1. Subsection K.2 of Section 18.52.030 of Title 18 (Zoning) of the WhittierMunicipal Code is hereby amended to include the term "M edical Marijuana Dispensaries,"as that term is defined in Section 18.45.020, as a conditionally permitted use within the "M"(Manufacturing) zone.

SEC TION 2 . Chapter 18.45 is hereby added to Title 1 8 (Zoning) of the Wh ittier Mu nicipalCod e, in its entirety as follows:


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Ordinance No. 2870

Chapter 18.45

MEDICAL MARIJUANA REGULATIONS

18.45.010 Purpose.

Page 2

The purpose of this Chapter is to establish a comprehensive set ofregulations applicable to the operation of Medical Marijuana Dispensarieswithin the city to insure such operation is in a manner consistent with theoverall health, welfare and safety of the city and its populace and incompliance with the California Com passionate Use Act.

18.45.020 Medical Marijuana Dispensaries D efined.

As used in this chapter, "Medical Marijuana Dispensaries" means anybusiness or enterprise, whether or not operated for p rofit, intend ed to serveor which does serve as a mea ns of distributing or providing marijuana formedical purposes as defined by the State's Compassionate Use Act,California Health& Safety Code Section 11 362.5, et seq.

18.45.030 Conditionally Perm itted Use.

A. Medical Marijuana Dispensaries shall be conditionally permitted onany lots in the M zone. All persons, entities or organizations wishing to

establish a Med ical Marijuana D ispensary within the city must apply for a ndbe granted a conditional use permit for said use, pursuant to the provisionsof chapter 18.52 of this code.B. Notwithstanding subsection A, no person or entity shall own,establish, operate, con trol or enlarge, or cause or permit the establishment,operation, enlargement or transfer of ownership or control of any MedialMarijuana Dispensary if such dispensary is within two hundred fifty feet ofany adult business which sells or provides in any manner drugparaphe rnalia, as defined in section 18.44.020; within one thousand (1 000)feet o f any school, library, day ca re facility (asdefined in Sections 18.06.072and 18.06.1 19) or public or private park within the city; within two hundred

fifty feet of any special needs housing facility, as defined in Section18.44.020 (W); or within two hundred fifty feet of any residentially zonedproperty in the city, except residentially zoned p roperties which are used forcom me rcial or institutional uses, such as hosp itals, correctional facilities orpub lic utility facilities, and which abut M zoned property.

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Ordinance No. 2870 Page 3

C. A M edica l Marijuana D ispensary shall not be established, operated,enlarged or transferred except as allowed by and in compliance with theprovisions of this chapter. Th e conduct of such establishment and the use of

premises shall othetwise comply with the zoning regu lations of the city andall other applicable regulations.D. In addition to the information required by Section 18.52.060regarding the contents for a conditional use permit application, MedicalMarijuana Dispensaries shall also provide the following information uponapplication for a conditional use permit:

1. An application must be signed by the owner or lessee who isapplying for a conditional adult use permit and who will beconducting, o r whose agents, employees, or independent contractorswill be conducting, the Medical Marijuana Dispensary on thepremises for which the permit is sought. In the case o f a lessee of a

property applying for a perm it pursuant to this chapter, the propertyowner shall acknowledge on the application consent to theapplication for a conditional use permit for a Medical MarijuanaDispensary.2. The application shall list the legal form of the applicant, e.g.,individual, partnership, corporation.a. If the applicant is an individual, the application shall list his orher legal name , any aliases and date of birth;b. If the applicant is a partnership, the application sha ll list thefull and complete name of the partnership, the legal names andaddresses o f all partners, dates of birth, and all aliases used by all of

the general partners, and whether the partnership is general orlimited; andc. If the applicant is a corporation, the application shall list thefull and complete corporate name, the date and status of itsincorporation, evide nce that the corporation is in good standing, thelegal names an d dates of birth, and all aliases used, and the capacityof all officers, directors and principal stockholders (i.e., allstockholders with ten percent or more of all outstanding shares), andthe nam e and address of the registered officer for service of process.3. The application must list whether, preceding the date of theapplication, the applicant or any of the individuals listed pursuant to

subsection D (2) of this section, has:a. Other licenses and lor permits issued to and lor revokedfrom the applicant, in the three years prior to the year of theperm it application, such other license andlor permit relating tosimilar business activities as in the perm it application. If theapplication lists such other licenses andlor permits, the list

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Ordinance No. 2870 Pag e 4

shall include the type, current status, and issuing agency foreach licenselpermit;b. Been a partner in a partnership or an officer, director orprincipal stockholder of a corporation which has had any otherlicenses and lor pe rmits, relating to similar business activitiesas in the permit application, issued to an dlor revoked in thethree years prior to the year of the permit application. Thetype, current status, and issuing agency for each previouslyissued or revoked licenses andlor permits shall be listed onthe application;c. Been found guilty of or pleaded nolo contendere withinthe pa st four years to a misdeme anor or a felony classified bythe state as a drug or drug-related offense.

18.45.040 - Restrictions on U se.The followingres~trictions/reg~~~ations/conditions hall apply to the operationof all Medical Marijuana D ispensaries:

A. Hours of Operation. Medical Marijuana Dispensaries shall berestricted to hours of operation betw een 6 a.m. and 10 p.m.B. Conviction of Crimes. No operator andlor employee of a MedicalMarijuana D ispensary shall have been con victed of any felony und er stateor federal law, convicted of a crime in any other jurisdiction the com missionof which would be a felony under California law, nor convicted of any crime

of mo ral turpitude. All operators andlor employees of a M edical MarijuanaDispensary shall be subject to verification by the Whittier Police Dep artmentof the absence o f any disqualifying conviction unde r this subsection prior tocommencement of any such operation andlor employment and annuallythereafter, pursuant to reasonable regulations pertaining thereto asestablished and promulgated by the C hief of P olice.C. Security System. Medical Marijuana Dispensaries shall be equippedwith, and the operators of such dispensaries shall maintain in working orderat all times burglarylrobbery alarms in a manner compliant with theprovisions of chapter 5.20 (Comm unication Devices) of this code.D. Security Guard. During all hours of operation, there shall be, for

each 1,000 square feet of occupied building space, or portion thereof, atleast one licensed, uniformed security guard present and visible on thepremises, i.e., one guard for zero to and including 1,000 square feet, twoguards for 1,001 to an d including 2,000 square feet, etc.

1. Such guard(s) shall be duly licensed by the State of California,Department of Consumer Affairs in a manner compliant with all

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applicable state and local laws. In particular, all security officers shallcomply with the provisions of California Business and ProfessionsCode S ection 75 82, et seq.

2. The presence and licensing of such guards shall be subject toproo f thereof by the operator(s), em ployee(s) or security guard(s) ofsuch dispensary at all required times, upon reasonable deman d byany state or federal peace officer.

E. Use on Premises. Use or consumption in any manner of marijuana isnot permitted on the premises of any M edical Marijuana D ispensary at anytime.F. Drug Paraphernalia. No Me dical Marijuana Dispensary may sell ordisplay any drug paraphernalia on the premises at any time, including butnot limited to cocaine and sniffing kits, glass mirrors for cutting cocaine,snorting spoons and tubes, strainers to sift cocaine, water pipes (bongs),

everyday items with special removable tops that have been converted toconceal narco tics and drugs, including but no t limited to beer cans, oil cansand plastic photograph film vials, roach clips (for holding marijuanacigarettes), cigarette paper or filters.G. Minors. Persons under the age of eighteen (18) years of age are notperm itted to be on the premises of any Medical Marijuana Dispensary at anytime.H. Alcohol. No alcoholic beverage shall be sold, conveyed or consum edon the premises of any Medical Marijuana Dispensary at any time.I. Under the Influence. No person shall be present on the premises ofa Me dical Marijuana D ispensary while intoxicated and/or under the influence

of alco hol or any controlled substance at any time, as defined in CaliforniaHealth & Safety Cod e Section 11007.J. Unobstructed view. The interior of the dispensary shall be configuredsuch that there is an unobstructed view, by use of the naked eye, andunaided by video, closed circuit cameras or any other means, of everypublic area of the prem ises by a m anager. No public area shall be obscuredby any doo r, curtain, wall, two-way mirror, or other device. A manager shallbe in the public portion of the dispensary at all times it is in operation oropen to the public in order to enforce all rules and regulations.K. Developm ent Review. If an application for a conditional use permitpursuan t to this chapter includes externa l structural changes to the bu ilding

requiring a bu ilding perm it, including the construction of a new building, anadd ition to an existing building, or a facade remodel of an existing building,the construction, addition, or remodeling shall be reviewed by the designreview board, established by Chapter 2.12 of this code, to ensure that theprop osed des ign is consistent with the gen eral architectural character of theneighborhood and shall follow the procedural provisions in Section

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18.44.210 of this code. An application for a conditional use perm it requiredby this chapter shall not be exemp t from the provisions of Chapter 18.56 ofthis code.L. Signs. Change able copy signs and temporary signs (as defined inChapter 18.72) are not pe rmitted. In addition to the requirements of Title 1 8,Division II, of the W hittier M unicipal Code , all sign permits shall be subject toreview and approval by the planning commission as part of the conditionaluse perm it process, such approval to be mad e according to the provisionsregarding the location and nature of signs as provided in Chapters 18.72and 18.76 of this code.M. Exterior Painting. Buildings and structures shall not be painted orsurfaced with any design that would simulate a sign or advertising messageand canno t be established or maintained such that the exterior appearanceof the structure is substantially inconsistent with the externa l appearan ce of

structures on abutting properties.N. Displays. Advertisements, displays of merchandise, signs or anyother exhibit depicting the activities of the dispensary placed within theinterior of buildings or prem ises shall be arranged or screened to preventpublic viewing from o utside such building or p remises.O. Loudspeakers. Outdoor loudspeakers or other outdoor soundequipment advertising or directing attention to a dispensary, including bu tnot limited to prerecorded or live niusic or sounds, are prohibited.P. Graffiti. Upon order of the city mana ger, graffiti appearing on anyexterior surface of a building or premises of a dispensary, which graffiti iswithin public view, shall be removed and that surface shall be restored

within forty-eight ho urs of no tification to the owne r or person in charge of thepremises or as may be specified in other ordinances of the city regulatinggraffiti removal.Q. Security Cam eras. The operator of the Me dical MarijuanaDispensary shall be responsible for insuring that a video surveillance systemon the premises complies with the following minimum standards:

1. Visually records and m onitors all parking lot areas, rear alleyareas immediately adjacent to the dispensary, the main buildingenntrance(s)and exit(s), and any and all transaction areas for thedispensing of m edical marijuana. The operator of the dispensary orhidher designated representative shall instruct the company or

individual(s) installing the surveillance equipm ent at the dispensary toposition came ras to m aximize the quality of facial and bo dy imagesand to avoid backlighting and physical obstructions. T he com pany orindividual(s) installing the surveillance equipment for any MedicalMarijuana Dispensary shall be responsible for reasonable

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com pliance with those instructions in installing such equ ipment at thedispensary.2. Cam eras shall have a minimum resolution of five hundred

lines per inch and a minimum light factor requirement of 0.7 LUX.Light sensitive lenses or the installation of add itional lighting may berequired to increase picture clarity and brightness. Cameras shall becalibrated and focused to maximize the quality of the recordedimage.3. The recording device shall be defined as a "high densityrecorder" by manufacturer specifications. The device shall be a time-lapse recorder that displays a current date and time stam p on thevideotape. Systems required to have more than one camera shallinclude a "quad" or "multiplexer" video display splitter. The recordingequipment an d all recorded video tapes kept in compliance with this

section sha ll be secured in a locked area in which access is limited tothe dispensary opera tor, the perm it holder, andlor h islher designatedrepresentative(s).4 . A display monitor with a minimum screen size of twelve inchesshall be connected to the video surveillance system at a ll times. If a"quad" video display splitter is utilized, the display m onitor shall havea m inimum screen size of fifteen inches.5. Video surveillance systems shall be maintained in goodworking order at a ll times. The owner of the dispensary shall instructeach employee, volunteer, agent, servant or other individualoverseeing the functioning o f the video system, to imm ediately report

any malfunctioning of or technical problems whatsoever withsurveillance equipment. Every three months, the operator of thedispensary or hislher designated representative shall inspect allcameras a nd video recorders to ensure proper operation and shallperform the following functions: the camera lenses shall b e cleanedand calibrated into focus; the recording heads shall be cleaned andthe date and time stamp shall be calibrated to reflect trueinformation; all wires connected to the cam era and video recordingdevice shall be inspected for wear and tear; and, a test recordingshall be done to verify the image quality and date and time stamp.The operator of the d ispensary or hislher designated representative

shall keep a video surveillance maintenance log documenting allinspections and repairs to the system. Any technical problems orinoperable equipment shall be repaired as soon as possible, not toexceed fifteen days from discovery of the problem. The videosurveillance system and maintenance log are subject to periodic

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Ordinance No. 2870 Pag e 8

inspection by the police department, in order to ensure compliancewith this section.6. The video surveillance system and recording device shall bein continuous operation from one full hour before to one full hourafter the dispensary is open to the public, or any portion thereof.Videotape s of daily operations shall be kep t a min imu m of thirty daysprior to reuse or destruction of such videotapes, and shall beprovided to the police departmen t as m ay be authorized by state andfederal law. Such videotapes shall be clearly marked with the datethe videotape was most recently recorded, and, in the event thereare m ultiple tapes of the s am e date, each videotape shall be clearlymarked in the sequential numerical order that it was so recorded.

R. Lighting.1. Interior. The prem ises within which the dispensary is operated

shall be equipped with an d, at all time s during which the dispensa ryis open to the p ublic or any portion thereof, shall rem ain illuminatedwith overhead lighting fixtures of sufficient intensity to illuminateevery place to which m emb ers of the public or portions thereof arepermitted access with an illumination of not less than two foot-candles as measured at the floor level.2. Exterior. The exterior of the premises upo n which thedispensary is operated shall be equipped with and, at all timesbetw een sunset and sunrise, shall remain illuminated with fixtures ofsufficient intensity and number to illuminate every portion of theproperty with an illumination level of not less than o ne foot-candle as

measured at the ground level, including, but not limited to,landscaped areas, parking lots, driveways, walkways, entry areas,and refuse storage areas.

S. Chang e of Ownership. If a dispensary operating with a permitpursuant to this chapter changes ownership, the current owner or operatorshall notify the police department o f the new ow ner's name and addresswithin ten days of the effective date of such change of ownership.T. Man ager on Premises. All dispensaries shall have a responsibleperson who shall be at least twenty one (21) years of age and shall be onthe premises to act as manager at all times during which the dispensary isopen to the p ublic or any portion thereof. The individual designated as the

on-site man ager shall be registered with the C ity's Director of Com mun ityDevelopm ent by the owner to receive all complaints and be responsible forall violations taking place on the p remises.U. Rec ords and inspection. All dispensaries shall ma intain sufficientlydetailed written records regarding their verification that medical marijuana isdispensed only to qualified patients and primary caregivers under the

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California Compassionate Use Act, He alth & Safety Code Section 11 362.5,et seq. The se written records are subject to periodic inspection by thepolice department, in order to ensure compliance with this section, as

authorized by state and federal law.V. Other Conditions. The Planning Commission or City Council mayadd any conditions to the granting of a permit pursuant to this chapter,should the particular facts and/or circumstances of a proposed use sojustify.

18.45.050 - Operator R esponsible.The operator(s) of any Medical Marijuana Dispensary is responsible forinsuring at all times that all employees, volunteers, agents, servants, or anyother individuals having any charge over the functioning of the dispensary

are acting in compliance with the provisions of this chapter18.45.060 - Other Regulations.The provisions of this chapter do not waive or modify any other provision ofthis code with which Medical Marijuana Dispensaries are required tocomply. Nothing in this section is intended to authorize, legalize or permitthe esta blishm ent, operation or maintenance of any facility, building or usewhich violates any city of Whittier ordinance or statute of the state ofCalifornia regarding public nuisances, m edical marijuana, or any federalregulations or statutes relating to the use of controlled substances.

18.45.070 Mea sure of Distance.

All required minimum distances set forth in Section 18.45.030 shall bemeasured from the nearest property line of one designated location to thenearest property line of the other designated location along a straight lineextended between the two points without regard to intervening structures.

18.45.080 Violations - Public Nuisance.

The conduc t of any dispensary within the city in violation of any of the terms

of this chapter is hereby found and declared to be a public nuisance per se,and the city attorney or the district attorney may, in addition to or in lieu ofprosecuting a criminal action hereunder, comm ence an action or proceedingfor the civil abatement, removal and enjoinment thereof, in the mannerprovided by law; and shall take other steps and shall apply to such courts asmay have jurisdiction to grant such relief as well as aba te or remove such

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Medical Marijuana Dispensary and restrain and enjoin any person fromconducting, operating or maintaining a Medical Marijuana Dispensarycontrary to the provisions of this chapter. The conduct of any dispensarywithin the city in violation of any of the term s of this chapter will also serveas grounds for the revocation of a conditional use permit pursuant toSection 18.52.160 .

18.45.090 Violations- Penalty.Any person who violates any section of this chapter shall be guilty of amisdemeanor and subject to a fine of one thousand dollars andlorimprisonm ent in the co unty jail for a period of up to six months.

18.45.100 - Invalidity.This chap ter shall be n ull and void if any determ ination is made , after theadop tion of the ordinan ce enacting this chapter, by any court of compe tentjurisdiction that California Health and Safety Code S ection 11362.5, et seq.,is invalid, or shall be n ull and void to the extent any po rtion of such sectionis he ld invalid.

18.45.1 10 - Severability.Shou ld any section, subs ection, clause or p rovision of this chapter for anyreason he held to be invalid or facially unconstitutional, such invalidity or

unconstitutionality shall not affect the validity or constitutionality of therema ining portions of this chapter, it being hereby expressly declared thatthis chapter, and each and every section, subsection, sentence, clause andphrase hereof would have been p repared, proposed, approved, adoptedand/or ratified irrespective of the fact that any one or more section,subsections, sentences, clauses or ph rases of this chapter be declaredinvalid or un constitutional.

SECTION 3. Any provision of the Wh ittier M unicipal Cod e or appendices theretoinconsistent with the provisions of this O rdinance , to the extent of such inconsistencies andno further, are h ereby re pealed or mo dified to that extent necessary to effect the provisions

of this Ordinance.

SECTION 4. The Ma yor shall sign and the City Clerk-Treasu rer shall attest to thepassa ge of this Ordinan ce. Th e City Clerk-Treasurer shall cause the same to be publishedonce in the official newspaper within 15 days after its adoption. This Ordinance shallbecome effective 30 d ays from its adoption.

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APPROVED AND ADO PTED this 1othday of January 2006.

ATTEST:

City Clerk- Treasurer

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CITY OF W HIT-TIER )) ss

STATE OF CALIFORNIA )

I, Kathryn A. Ma rshall, City Clerk-Treasure r in and for the City of Whittier, California,

hereby certify that the foregoing ordinance was duly introduced at a regular mee ting of the

City Council of the City of Wh ittier on the 13th day of Dec emb er 2005, and adopted at a

regular meeting of the City C ouncil of the City of Wh ittier on the 1oth day of January 2006 by

the following roll call vote:

AYES: D.M. Lopez R. L. Henderson J. G. Nordbak

NOES: 0 . Newcomer C. Warner

ABSENT: None

WIT NE SS my h and an d the official seal of the City of Wh ittier, California, this/ m

day of 2006.

City Clerk-Treasu er

Published as required by law: January 24, 2006

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Medical Marijuana - Whittier

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