A.
The
city council finds that the prohibitions on marijuana cultivation,
marijuana processing, marijuana delivery, and marijuana dispensaries
are necessary for the preservation and protection of the public health,
safety, and welfare for the city and its community. The cultivation,
dispensing, delivery, manufacture and other use of marijuana negatively
impacts, or has the potential to negatively impact, the health, safety
and welfare of the community and public within the city. These negative
impacts include, but are not limited to, damage to buildings in which
cultivation, manufacturing and dispensing occurs, including improper
and dangerous electrical alterations and use, inadequate ventilation,
increased occurrences of robberies and similar crimes, and nuisance
impacts to neighboring properties from the strong and potentially
noxious odors from the plants and increased crime. The city council's
prohibition of such activities is within the authority conferred upon
the city council by state law.
B.
The
city council finds that the public health, safety and general welfare
of the city and its residents necessitates and requires the adoption
of this zoning ordinance, prohibiting the establishment, maintenance
and operation of marijuana cultivation, marijuana deliveries, marijuana
dispensaries, cooperatives, and collectives, and other uses involving
distribution of marijuana and marijuana related products, in order
to: (a) protect and safeguard against the detrimental secondary negative
effects and adverse impacts of facilities dispensing marijuana; (b)
preserve and safeguard the minors, children and students in the community
from the deleterious impacts of marijuana related facilities; and
(c) preserve the city's law enforcement services, in that monitoring
and addressing the negative secondary effects and adverse impacts
will likely burden the city's law enforcement resources. The city
council further finds that due to negative secondary effects and adverse
impacts of facilities and other locations cultivating, delivering
and/or dispensing marijuana, the establishment and operation of these
facilities and land uses will negatively impact the city.
C.
On
October 9, 2015, the Governor signed the "Medical Marijuana Regulation
and Safety Act" ("Act") into law. The Act becomes effective January
1, 2016 and contains new statutory provisions that:
1.
Allow
local governments to enact ordinances expressing their intent to prohibit
the cultivation of marijuana and their intent not to administer a
conditional permit program pursuant to Health and Safety Code Section
11362.777 for the cultivation of marijuana (Health and Safety Code
Section 11362.777(c)(4));
2.
Expressly
provide that the Act does not supersede or limit local authority for
local law enforcement activity, enforcement of local ordinances, or
enforcement of local permit or licensing requirements regarding marijuana
(Business and Professions Code Section 19315(a));
3.
Expressly
provide that the Act does not limit the authority or remedies of a
local government under any provision of law regarding marijuana, including
but not limited to a local government's right to make and enforce
within its limits all police regulations not in conflict with general
laws (Business and Professions Code Section 19316(c)); and
4.
Require
a local government that wishes to prevent marijuana delivery activity,
as defined in Business and Professions Code Section 19300.5(m) of
the Act, from operating within the local government's boundaries to
enact an ordinance affirmatively banning such delivery activity (Business
and Professions Code Section 19340(a)).
D.
The
city council finds that this chapter: (1) expresses its intent to
prohibit the cultivation of marijuana in the city and to not administer
a conditional permit program or any other permitting program pursuant
to Health and Safety Code
Section 11362.777 for the cultivation of marijuana in the city;
(2) exercises its local authority to enact and enforce local regulations
and ordinances, including those regarding the permitting, licensing,
or other entitlement of the activities prohibited by this chapter;
(3) exercises its police power to enact and enforce regulations for
the public benefit, safety, and welfare of the city and its community;
and (4) expressly prohibits the delivery of marijuana in the city.
(Ord. 793 § 2, 2016)
A.
This
chapter is intended prohibit all cultivation, and commercial manufacturing,
dispensing, and delivery of marijuana and marijuana-related products
within the city to the greatest extent permissible by law and within
the confines of state law.
B.
Nothing
in this chapter is intended, nor may it be construed, to exempt any
activity related to marijuana from any applicable electrical, plumbing,
land use or other building or land use standards or permitting requirements.
C.
All
cultivation, manufacturing, dispensing, delivery and sale of marijuana
within the city is subject to the provisions of this chapter.
(Ord. 793 § 2, 2016)
The following definitions apply to this chapter:
means any commercial transfer of marijuana.
means any or all parts of a cannabis plant any compound derived
thereof, any synthetic compound designed to replicate or mimic the
effects of cannabis, any ingestible or consumable product infused
with or containing any of the forgoing, whether intended to be, or
actually used, for medical, nonmedical or recreational purposes. Marijuana
also includes tetrahydrocannabinols (THC), synthetic equivalents of
the substances contained in the cannabis plant, or in the resinous
extractives of cannabis, or derivatives of cannabis or THC.
means planting, growing, harvesting, drying, curing, grading,
trimming, processing, developing, or producing marijuana in any other
way.
means any individual, business, office, facility, location,
store, retail storefront, wholesale location, automobile, truck, vehicle,
machine, or other apparatus, or place, whether mobile, fixed or otherwise,
that delivers, provides, distributes or makes available marijuana
to any person for any purpose whether for medical, recreational or
other non-medical purposes in any commercial manner, including based
on donations or any other transaction. Marijuana dispensary includes,
but is not limited to, a collective, cooperative or any other group
that collectively or cooperatively distributes marijuana.
means any method used to prepare marijuana for any commercial
use, whether retail or otherwise, including, but not limited to: drying,
cleaning, curing, extracting, preparing, deriving, producing, or packaging
of marijuana and marijuana related products and concentrates.
(Ord. 793 § 2, 2016)
A.
Marijuana processing, marijuana delivery, and marijuana dispensaries are prohibited activities in all zones and specific plan areas in the city, except in compliance with Chapter 17.95 and where the city is preempted by federal or state law from enacting a prohibition on any such activity.
B.
Cultivation of marijuana for any commercial purpose is expressly prohibited in all areas, zones and specific plan areas in the city. No person or entity, including a qualified patient or primary caregiver, may cultivate any marijuana in the city, except in compliance with Chapter 17.94.
C.
No use permit, variance, building permit, or any other entitlement, license, or permit, whether administrative or discretionary, will be approved or issued for the activities of commercial marijuana cultivation, or marijuana processing, marijuana delivery, or the establishment or operation of a marijuana dispensary in the city, except in compliance with Chapter 17.95.
D.
No person or entity may conduct, cause, allow, permit, or maintain a marijuana dispensary, commercial marijuana cultivation, marijuana processing or marijuana delivery within the city, except in compliance with Chapter 17.95 and where the city is preempted by federal or state law from enacting a prohibition on any such activity for which the use permit, variance, building permit, or any other entitlement, license, or permit is sought.
E.
Nothing
in this chapter may be deemed to permit or authorize any use or activity
which is otherwise prohibited by any state or federal law. .
(Ord. 793 § 2, 2016; Ord. 803 § 2, 2018; Ord. 819 § 6, 2020)
Any violation of this chapter is hereby declared a public nuisance
that may be abated, punished, or subject to injunctive relief by the
city by any means available at law.
(Ord. 793 § 2, 2016)
Any violation of this chapter, except as it relates to marijuana cultivation, shall constitute a misdemeanor, punishable as provided in Chapter 1.16.
(Ord. 793 § 2, 2016)
