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)