Notice of Intent to Circulate Petition
Notice is hereby given by the persons whose names appear hereon of
their intention to circulate the petition within the City of Pasadena for the
purpose of amending and correcting the Pasadena Municipal Code regarding commercial cannabis businesses. A statement of the reasons of the proposed action as contemplated in the petition is as follows:

       Existing non-offending commercial cannabis businesses which have             been operating without criminal conviction during calendar 2018                   should be allowed to continue to operate in their present location                   provided they comply with PMC§5.28 (Cannabis Business Tax), and the         voters wish to permit said existing non offending commercial cannabis         businesses to continue to operate.

Initiative Measure to be Submitted Directly to the Voters

          The city attorney has prepared the following title and summary of the
chief purpose and points of the proposed measure:

(Here set forth the title and summary prepared by the city attorney.
This title and summary must also be printed across the top of each page
of the petition whereon signatures are to appear.)

AN ORDINANCE OF THE CITY OF PASADENA TO ALLOW NON OFFENDING COMMERCIAL CANNABIS BUSINESSES TO OPERATE IN
THE CITY SUBJECT TO BUSINESS, HEALTH, AND LAND USE
REGULATIONS TO PROTECT PUBLIC ACCESS TO EXITING NON OFFENDING COMMERCIAL CANNABIS BUSINESSES

WHEREAS the voters passed ordinance 7326 June 5, 2018 to address
unlicensed cannabis businesses which caused adverse secondary effects and created burdens on neighboring businesses and residential neighborhoods, and

WHEREAS other commercial cannabis businesses operated without criminal
conviction and did not cause adverse secondary effects resulting in a criminal conviction
in calendar 2018, and did not create burdens on neighboring businesses and residential
neighborhoods resulting in a criminal conviction in calendar 2018 (“non-offending commercial cannabis businesses”), and

WHEREAS said non-offending commercial cannabis businesses operated on property zoned as “commercial/industrial, or CL,”which may have been adjacent to property zoned “residential,”

WHEREAS said non-offending commercial cannabis businesses operated
without criminal conviction and did not cause adverse secondary effects or create burdens on neighboring businesses and residential neighborhoods which resulted in a criminal conviction, and

WHEREAS PMC §17.50.66(5)(d) would preclude non-offending commercial
cannabis businesses from operating legally if the non-offending commercial cannabis
businesses is located in a light commercial (Commercial / Industrial or CP zoning designation) which is adjacent to a residential zone, and

WHEREAS the City lacks sufficient business locations available for lease
which would allow non-offending commercial cannabis businesses to comply with the location criteria of PMC §17.50.66(5)(d), and

WHEREAS existing non-offending commercial cannabis businesses which
have been operating without criminal conviction during calendar 2018 should be allowed to continue to operate in their present location provided they comply with PMC§5.28 (Cannabis Business Tax), and

WHEREAS the voters wish to permit said non-offending commercial cannabis businesses to continue to operate.
     

NOW THEREFORE the People of the City of Pasadena ordain as follows:

SECTION 1:

“Non-offending commercial cannabis business” shall be defined as a
commercial cannabis business which operated in calendar 2018, and did not cause
adverse secondary effects resulting in a criminal conviction in calendar 2018, and did not create burdens on neighboring businesses and residential neighborhoods resulting in a criminal conviction in calendar 2018.

Non-offending commercial cannabis businesses which operated prior to the operative date of Ordinance 7326, shall be treated as non-conforming uses under PMC§17.71.040, which provides:

      §17.71.040 - Continuation of Nonconforming Uses and Structures
              Each and every nonconforming use or structure may be continued and maintained, provided that there is no addition, alteration, or enlargement to any use or structure, except as allowed by this Chapter, or unless ordered discontinued, modified, or removed as a public nuisance in compliance with Municipal Code Chapter §14.50 (Property Maintenance and Nuisance Abatement).

 SECTION 2:

No non-offending commercial cannabis business shall be deemed in violation of PMC 14.40 on the basis of operating as a non-offending commercial cannabis business. Further, PMC §14.40 (28) and 14,40 (35) shall NOT apply to a non offending commercial cannabis business.

SECTION 3:

A non-offending commercial cannabis business shall NOT be deemed in
violation of PMC §17.50.056(5) provided the non-offending cannabis business has not changed its location from the location in which it operated in all or part of calendar 2018.

SECTION 4:
Neither the tax administrator nor any other City official shall prevent or
deny a non-offending commercial cannabis business from registering for or
tendering or paying applicable City cannabis tax, and no non-offending commercial cannabis business shall be deemed in violation of the PMC for operating as a non offending commercial cannabis business.