ORDINANCE NO. 2249
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HAWTHORNE, CALIFORNIA, AMENDING SECTION
17.87.050 (USES PROHIBITED) OF CHAPTER 17.87
(MIXED USE OVERLAY ZONE (MU)) TO REMOVE
CANNABIS-RELATED USES FROM THE LIST OF USES
PROHIBITED, AND APPROVING AN EXEMPTION UNDER
SECTION 15061(b)(3) OF CEQA
WHEREAS, in 2016 California voters passed Proposition 64, The Adult Use of Marijuana Act or AUMA which legalized the adult (21 years and over) use of cannabis; and
WHEREAS, in 2016 the City Council adopted Ordinance No. 2106 which amended Title 17 of the Zoning Code to prohibit all forms of cannabis cultivation, processing, and delivery within the City of Hawthorne except where the City is prohibited by state of federal law from such prohibitions; and
WHEREAS, in 2017, SB 93 or Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) became law which merged the medicinal licensing with the adult use laws; and
WHEREAS, in 2017 the City Council adopted Ordinance No. 2148 which prohibited all forms of non-medical cannabis businesses from operating within the City of Hawthorne; and
WHEREAS, in November 2020, the registered voters of the City of Hawthorne passed Measure CC which approved a 5% tax on gross revenue of cannabis business; and
WHEREAS, in October 2021, the City passed Resolution No. 8305 which created the Cannabis Working Committee that endeavored to implement the City’s cannabis program while holding several town-hall meetings and regular open meetings to discuss and inform the community residents regarding the cannabis program; and WHEREAS, based on the series of Cannabis Working Committee meetings and City Council meetings, a direction was given to author a comprehensive Commercial Cannabis Business ordinance, and
WHEREAS, the City Council held a public hearing on October 25, 2022, on the Commercial Cannabis Business ordinance and adopted the same at the regular meeting of November 8, 2022; and
WHEREAS, on November 16, 2022, the Planning Commission of the City of Hawthorne considered Ordinance 2237 to removed cannabis businesses from lists of uses prohibited in each commercial and industrial zone, and adopted Resolution No.
PC2022-15 recommending approval of the ordinance to the City Council; and 2 WHEREAS, Ordinance 2237 specifically addressed cannabis businesses in commercial and industrial zones, it did not include overlay zones; and WHEREAS, on February 14, 2023, the City Council considered the Planning Commission’s recommendation and, after a duly noticed public hearing where all persons in support and in opposition were heard, introduced Ordinance No. 2237; and WHEREAS, the City Council of the City of Hawthorne adopted Ordinance No. 2237 in furtherance of the City’s objective to provide appropriate zoning and separation regulations for cannabis businesses, and
WHEREAS, Ordinance No. 2240 contained an incorrect cross-reference in Section 17.58.040, leading the reader to Chapter 17.102 while the correct destination is Chapter 17.100, and
WHEREAS, on February 7, 2024, the Planning Commission of the City of Hawthorne considered this ordinance to remove cannabis businesses from lists of uses prohibited in the Mixed Use Overlay Zone, and adopted Resolution No. PC2024-02 recommending approval of the ordinance to the City Council; and WHEREAS, on February 27, 2024, the City Council considered the Planning Commission’s recommendation and, after a duly noticed public hearing where all persons in support and in opposition were heard, introduced this ordinance; and WHEREAS, the City Council of the City of Hawthorne wishes to now adopt Ordinance No. 22XX in furtherance of the City’s objective to provide appropriate zoning regulations for cannabis businesses by removing the prohibition of cannabis uses from the Mixed Use Overlay Zone.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HAWTHORNE DOES ORDAIN AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct.
SECTION 2. Preamble of Section 17.85.040 (Development Standards) of Chapter
17.85 (HO Housing Overlay) of Title 17 (Zoning) of the Hawthorne Municipal Code shall be amended as follows:
17.85.040 Development standards.
The property development standards set forth in this section, as well as those specified in Chapter 17.102100, Multifamily and Mixed Use Objective Design Standards, shall apply to all land and buildings built within the housing overlay zone.
SECTION 3. Section 17.87.050 (Uses prohibited) of Chapter 17.87 (mixed user overlay zone (MU)) of Title 17 (Zoning) of the Hawthorne Municipal Code shall be amended by the addition as follows:
3 17.87.050 Uses prohibited.
• All uses not listed in Section 17.87.040, unless determined by the planning commission to be similar pursuant to the provisions of this code. • Any project consisting solely of residential uses.
• Any use listed in Section 17.87.040 which the planning commission makes findings that such use would be incompatible with surrounding land uses and which may adversely affect the health, safety and general welfare of the surrounding neighborhood in which such business is located. • Marijuana cultivation, marijuana processing, marijuana delivery, except as authorized in Section 17.90.070, and marijuana dispensaries, except where the city is prohibited by federal or state law from enacting a prohibition on any such activity.
• Self-storage facilities.
SECTION 4. CEQA. The City Council hereby finds, in the exercise of its independent judgement and analysis, that this ordinance is exempt from the State CEQA Guidelines, this ordinance is a project as defined by the California Environmental Quality Act (CEQA) and qualifies for an exemption from CEQA pursuant to Section 15061(b)(3) (Common Sense Exemption) of the State CEQA Guidelines (Chapter 3 of Division 6 of Title 14 of the California Code of Regulations). The activities are covered by the Common Sense Exemption because CEQA applies only to projects which have the potential for causing a significant effect on the environment. The amendments to Title 17 of the Hawthorne Municipal Code relate to the siting of commercial cannabis activities in the MU overlay zone. There is no possibility that the change to the municipal code may have a significant effect to the environment, therefore the activity is not subject to CEQA. No special circumstances exist that the proposed change would create a significant adverse effect on the environment. Retail cannabis establishments are subject to discretionary permits and assessed individually to ensure CEQA is applied accordingly. A Notice of Exemption was completed and will be filed in compliance with CEQA and CEQA Guidelines.
SECTION 5. SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any 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 passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 6. AUTHORIZATION TO PUBLISH SUMMARY OF ORDINANCE.
Pursuant to Government Code Section 36933(c)(1), the Planning Director is authorized to prepare and publish a summary of the text of this ordinance in the Hawthorne Press Tribune at least five days prior to the adoption of this ordinance. Within 15 days after adoption of the ordinance, the City Clerk is directed to publish a summary of this 4 ordinance with the names of those city council members voting for and against the ordinance and the city clerk shall post in the office of the city clerk a certified copy of the full text of the adopted ordinance or amendment along with the names of those city council members voting for and against the ordinance.
SECTION 7. EFFECTIVE DATE. This ordinance shall take effect 30 days after passage thereof.
PASSED, APPROVED AND ADOPTED this ___ day of ________, 2024.
ALEX VARGAS, Mayor
City of Hawthorne, California
ATTEST:
DAYNA WILLIAMS-HUNTER, City Clerk
City of Hawthorne, California
APPROVED AS TO FORM
ROBERT KIM,
City Attorney
City of Hawthorne, California