Chapter 30 — Zoning

[Ord. #2277 § 1]

The City Council finds that the facts set forth in the Recitals of this Ordinance are true and correct.

[Ord. #2277 § 2]

Hereinafter in this Ordinance the following words shall have the meanings set forth below, unless the context otherwise permits or requires:

COMMERCIAL NON-MEDICAL MARIJUANA ACTIVITY

Shall include the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, delivery or sale of marijuana and marijuana products for non-medical purposes.

CULTIVATION

Shall include any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana.

DELIVERY

Shall mean the commercial transfer of marijuana or marijuana products to a customer. Delivery also includes the use by a retailer of any technology platform owned and controlled by retailer, or independently licensed under Proposition 64 that enables customers to arrange for or facilitate the commercial transfer by a State licensed retailer of marijuana or marijuana products.

MARIJUANA

Shall include all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin. It does not include (a) industrial hemp, as defined in Section 11018.5 of the Health and Safety Code; (b) the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product; and (c) marijuana that is cultivated, processed, transported, distributed, or sold for medical purposes under Chapter 3.4 of Division 8 of the Business and Professions Code.

PROPOSITION 64

Refers to the Control, Regulate and Tax Adult Use of Marijuana Act.

[Ord. #2277 § 3]

• a. Commercial non-medical marijuana activity is expressly prohibited in all zones and all specific plan areas in the City of Compton. No person shall establish, operate, maintain, conduct or allow commercial non-medical marijuana activity anywhere within the City. No application for a building permit, conditional use permit, business license, or any other entitlement authorizing the establishment, operation, maintenance, development, or construction of any use that allows for commercial non-medical marijuana activity shall be approved during the term of the prohibition established in this Ordinance.

• b. Paragraph a of this subsection is meant to prohibit all activities for which a State license is required pursuant to Proposition 64. Accordingly, the City shall not issue any permit, license or other entitlement for any activity for which a State license is required under Proposition 64. The City shall also not issue any local license to a non-profit pursuant to provisions of Business and Professions Code section 26070.5 .

• c. To the extent not already prohibited by Interim Ordinance No. 2274, marijuana shall not be cultivated outdoors upon the grounds of a private residence. Indoor marijuana cultivation will be allowed consistent with State law which permits no more than six live marijuana plants to be planted, cultivated, harvested, dried, or processed within a single private residence or inside an accessory structure located upon the grounds of a private residence that is fully enclosed and

secured. Any marijuana cultivation that exceeds the limits set forth in this subsection is hereby declared to be unlawful and a public nuisance.

• d. Nothing in this Ordinance, or its adoption, shall be deemed to affect any other prohibitions or regulations relating to marijuana contained in the Compton Municipal Code, including, but not limited to, the provisions of subsections 9-24.1 through 9-24.6 of the Compton Municipal Code and Interim Ordinance No. 2274, except to the extent that marijuana cultivation is prohibited by Interim Ordinance No. 2274. The City will not be enforcing the provisions of Interim Ordinance No. 2274 that prohibit the personal cultivation of marijuana. Consistent with State law, persons are permitted to cultivate up to six live marijuana plants indoors so long as they abide by the standards set forth in paragraph c above. Nothing in this Ordinance shall be deemed to affect or excuse any violation of the Compton Municipal Code or of Interim Ordinance No. 2274, except as otherwise described in this paragraph d.

[Ord. #2277 § 4]

Nothing in this Ordinance shall be interpreted to the effect that the City's permissive zoning scheme allows any other use not specifically listed therein.

[Ord. #2277 § 5]

Any use or condition caused, or permitted to exist, in violation of any provision of this Ordinance shall be, and hereby is declared to be, a public nuisance and may be summarily abated by the City pursuant to Code of Civil Procedure Section 731 or by any other remedy available to the City.

[Ord. #2276 § 6]

Violation of any provision of this Ordinance shall constitute a misdemeanor and shall be punishable by a fine not to exceed $1,000 or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment. Each and every day such a violation exists shall constitute a separate and distinct violation of this Ordinance.

[Ord. #2277 § 7]

In addition to any other enforcement permitted by this Ordinance, the City Attorney may bring a civil action for injunctive relief and civil penalties against any person or entity that violates this Interim Ordinance. In any civil action brought pursuant to this Interim Ordinance, a court of competent jurisdiction may award reasonable attorneys' fees and costs to the prevailing party.

[Ord. #2277 § 8]

It can be seen with certainty that there is no possibility that the adoption of the Interim Ordinance may have a significant effect on the environment because the Interim Ordinance will only impose

greater and temporary limitations on marijuana-related uses allowed in the City, and will thereby serve to prevent potentially significant adverse environmental impacts. The City Council has reviewed staff's determination of exemption and based on its own independent judgment, concurs in staff's determination that the Interim Ordinance is exempt from CEQA. The adoption of the Interim Ordinance is therefore not subject to the California Environmental Quality Act review pursuant to Title 14, Chapter 3 , Section 15061(b)(3) of the California Code of Regulations.

[Ord. #2277 § 9]

If any section, subsection, subdivision, sentence, clause, phrase or portion of this Ordinance, is for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

[Ord. #2277 § 10]

This Ordinance is adopted as an urgency, interim ordinance and shall take effect immediately. This Ordinance will only become operative if Proposition 64 is approved by the voters. If Proposition 64 is not approved by the voters at the November election, this Ordinance shall be null and void and shall be deemed repealed. This Ordinance shall expire, and the prohibition established hereby shall terminate, 45 days after the date of adoption unless extended by the City Council pursuant to California Government Code Section 65858 . [[1]]

[1] Editor's Note: Proposition 64 was approved by the voters at the election of November 8, 2016.