|Consideration of Zoning Ordinance Amendment No. 17-01 to amend Chapter 20.70 of the Brea Zoning Code to prohibit all medical and non-medical commercial cannabis uses in the City and regulate indoor cannabis cultivation, consistent with state law.
|A proposal to amend Section 20.70 of the Brea Zoning Code to prohibit all medical and non-medical commercial cannabis uses in the City and regulate indoor cannabis cultivation, consistent with state law.
|City of Brea
|1 Civic Center Circle
|Brea, CA 92821
|Staff recommends the Planning Commission:
- Adopt Resolution recommending approval of Zoning Ordinance Amendment No. 17-01.
- Recommend the City Council approve the Draft Ordinance
|Since 2015, California law has been evolving with new legislation regarding marijuana/cannabis land use and activities. To respond to changes made to state law, the City of Brea adopted and modified Chapter 20.70, to maintain local land use control and prohibit all commercial cannabis activities in the City. In 2016, California voters passed Proposition 64, legalizing limited personal and recreational use of cannabis. Included in the provisions of the new law is the ability for local jurisdictions to regulate commercial cannabis land uses and activities.
In December 2016, the City adopted interim Ordinance 1190 to provide for the review of the new law, consideration of potential impacts and land use effects and crafting of a permanent Ordinance to address land use issues, define terms and provide clarification for personal and commercial activities as they relate to the City of Brea. Although the City is in the process of adopting its permanent Ordinance, there is a gap in the timing of the adoption period and the January 1, 2018 state law timing. To ensure the City’s current prohibition on commercial cannabis is protected the City Council adopted an extension to Interim Ordinance 1190 on October 17, 2017. If approved, this action amending Chapter 20.70 will be considered by the City Council in November, 2017. Figure 1, provides an overview of the history of actions related to marijuana land uses and activities.
Figure 1 – History of Actions
|December 15, 2015
|Ordinance No. 1181
|An interim Ordinance prohibiting commercial marijuana activity, including deliveries and prohibiting cultivation. Expired after 45 days.
|January 19, 2016
|Ordinance No. 1182
|An interim Ordinance extending Ordinance No. 1181. Expired after 10 months and 15 days.
|March 15, 2016
|Ordinance No. 1183
|A permanent Ordinance prohibiting all commercial medical marijuana activity within the City, including deliveries, and prohibiting cultivation, including cultivation for qualified patient or primary caregiver.
|November 1, 2016
|Ordinance No. 1189
|An interim Ordinance prohibiting all commercial non-medical marijuana activity in the City, prohibiting outdoor cultivation on private residences. Expired after 45 days
|December 6, 2016
|Ordinance No. 1190
|An interim Ordinance extended Ordinance No. 1189. Expired after 10 months and 15 days.
|October 17, 2017
|Ordinance No. 1197
|An interim Ordinance extending Ordinance No. 1190 for one additional year or until repealed. To ensure there is no gap between the expiration of Ordinance 1190 and the effective date of ZOA 17-01.
On January 1, 2018, commercial cannabis activities will begin to be licensed by the State pursuant to the Medicinal and Adult Use Cannabis Regulation and Safety Act (MAUCRSA) (Senate Bill No. 94 enacted on June 27, 2017). The City of Brea wants to maintain current restrictions prohibiting commercial cannabis land uses and related activities within the City to the extent permitted by State law. Section 20.70 of the Zoning Code was adopted prior to the most recent changes to state law and does not provide the level of specificity to address cultivation, sales, delivery and similar commercial land uses which were not previously allowed by the State. The proposed Zoning Ordinance Amendment includes:
- Updated language to reflect the prohibition of commercial cannabis uses as opposed to the prohibition of commercial “marijuana” uses; The change from marijuana to cannabis clarifies the prohibitions includes all strains of the marijuana plant. This language ensures there is no confusion or misunderstanding related to cannabis or cannabis products;
- Parameters for indoor cultivation taking into account the maximum number of plants allowed within a private residence and the conditions in which the plants can be kept; and
- New definitions and standards consistent with state law.
Additionally, state law allows for limited, personal use and private cultivation of cannabis for personal use. The City Council will be considering the adoption of Section 8.48 of the Municipal Code to address private use and activities to ensure clarity for our residents and define terms and activities allowed and prohibited in the City of Brea. Although this section of the Municipal Code is not subject to the review of the Planning Commission we have included it with this report to provide information on how the City is addressing these activities.
|The proposed project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061, Class 3 (b) Article 5 because it can be seen with certainty that there is no possibility that the project to prohibit commercial cannabis activity will have a significant negative impact on the environment. The project will not result in permanent alteration of property or the construction of any new or expanded structures. The project by itself does not result in any physical changes in the environment. The project is also eligible for a Class 5 categorical CEQA exemption pursuant to Section 15305 Article 19 of Title 14 (minor alterations in land use). Since the project is prohibiting all commercial cannabis uses, it will not result in changes in land use or density and will not have a significant environmental impact.
|Jennifer A. Lilley, AICP, City Planner
Prepared by: Aileen Camargo, Planning Technician