Ord 785ORDINANCE NO. 785
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA
AMENDING TITLE 17 OF THE POWAY MUNICIPAL CODE,
PROHIBITING MEDICAL MARIJUANA CULTIVATION, DELIVERY,
MANUFACTURING, AND STORAGE IN ALL ZONES WITHIN
THE CITY OF POWAY
WHEREAS, the City of Poway ( "City ") has adopted an Ordinance regulating land
within the City as codified in Title 17 of the Poway Municipal Code ( "PMC "), and
WHEREAS, in 1996, the voters of the State of California approved Proposition
215, known as the Compassionate Use Act (the "CUA") (added to the California Health
and Safety Code at section 11362.5); and
WHEREAS, the CUA creates a limited exception from criminal liability for
seriously ill persons who are in need of medical marijuana for specified medical
purposes, and who obtain and use medical marijuana under limited, specified
circumstances; and
WHEREAS, on January 1, 2004, the "Medical Marijuana Program" ( "MMP "),
added to the California Health & Safety Code at sections 11362.7 to 11362.83, was
enacted by the State legislature purporting to clarify the scope of the CUA and to allow
cities and other governing bodies to adopt and enforce rules and regulations consistent
with the MMP; and
WHEREAS, the MMP expressly anticipates the enactment of additional local
legislation; and
WHEREAS, on February 7, 2012, the City Council adopted Ordinance No. 736,
prohibiting medical marijuana dispensaries, cooperatives, and collectives in all zones
within the City of Poway; and
WHEREAS, on October 9, 2015, the State of California enacted the Medical
Marijuana Regulations and Safety Act ( "MMRSA ") that establishes State licensing and
regulatory framework for several activities related to medical marijuana; and
WHEREAS, there is a provision in the MMRSA that State law will not supersede
local ordinances that have been passed by March 1, 2016; and
WHEREAS, PMC sections 17.08.100 through 17.08.150 specify the uses
permitted and conditionally permitted in residential zones in the City, and PMC section
17.08.090 provides that a use not listed in PMC 17.08.100 through 17.08.150 is not
permitted; and
Ordinance No. 785
Page 2
WHEREAS, in order to protect the public health, safety and welfare, the City
Council desires to expressly prohibit marijuana cultivation, delivery, manufacturing, and
storage within the City limits; and
WHEREAS, an ordinance prohibiting medical marijuana cultivation, delivery,
manufacturing, and storage and prohibiting the issuance of any land use permits or
entitlements for such activities is necessary and appropriate to maintain and protect
the public health, safety and welfare of the citizens of Poway; and
WHEREAS, an ordinance prohibiting medical marijuana cultivation, delivery,
manufacturing, and storage and prohibiting the issuance of any land use permits or
entitlements for such activities conforms with and is adequate to carry out the certified
land use plan; further, that such an ordinance is consistent with the City's General Plan;
and
WHEREAS, the City Council is mindful of the needs of medical marijuana
patients and has developed this Ordinance in a manner that does not interfere with a
patient's ability to produce his or her own medical marijuana or to obtain medical
marijuana from a primary caregiver or as otherwise allowed under the CUA and the
MMP.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES
ORDAIN AS FOLLOWS:
Section 1: Based upon the record as a whole, this Ordinance is exempt from the
provisions of the California Environmental Quality Act ( "CEQA ") pursuant to section
15061(b)(3) of the CEQA guidelines in that the ordinances are designed to protect the
public health, safety and welfare and there is no possibility that this will have a
significant effect on the environment.
Section 2: The Poway City Council hereby finds that the above - listed findings are
true and correct.
Section 3: The intent of this Ordinance is to prohibit the use of any property within
any zone in the City of Poway for medical marijuana cultivation, delivery, manufacturing
and storage. The issuance of any permit, license, or certificate for any such activity
shall be prohibited. Nothing in this Ordinance shall create any criminal liability for any
individual who is a qualified patient or primary caregiver to a qualified patient, and is
possessing or consuming medical marijuana in compliance with the Compassionate
Use Act of 1996 (California Health and Safety Code section 11362.5) and the Medical
Marijuana Program (California Health and Safety Code section 11362.7 et seq.)
provided, however, that no such qualified patient or primary caregiver is using property
in the City of Poway contrary to this Ordinance.
Ordinance No. 785
Page 3
Section 4: Section 17.04.514 of Chapter 17.04 of Title 17 of the Poway Municipal
Code is amended to read as follows:
17.04.514 Medical marijuana cultivation; medical marijuana delivery; medical
marijuana dispensaries, cooperatives, and collectives; medical marijuana
storage.
"Medical marijuana cultivation" shall mean the planting, growing, harvesting,
drying or processing of marijuana plants or any part thereof, and any and all
associated business and /or operational activities. Marijuana cultivation by any
person or entity, including clinics, collectives, cooperatives and dispensaries, is
prohibited in all zones within the City's jurisdictional limits. No permit, whether
conditional or otherwise, shall be issued for the establishment of such activity.
Marijuana cultivation shall not include the planting, growing, harvesting, drying or
processing of marijuana plants or any part thereof by any "qualified patient," or
"person with an identification card," as those terms are defined in California Health
and Safety Code section 11362.7.
"Medical marijuana delivery" shall mean the commercial delivery, transfer or
transport, or arranging for the delivery, transfer or transport, or the use of any
technology platform to arrange for facilities for the commercial delivery, transfer or
transport of marijuana, edible marijuana products, or any marijuana products to or
from any location within the jurisdictional limits of the City of Poway, and any and
all associated business or operational activities. Marijuana delivery by any person
or entity, including clinics, collectives, cooperatives and dispensaries, is prohibited
in the City. No permit, whether conditional or otherwise, shall be issued for the
establishment of such activity. Marijuana delivery shall not include the delivery,
transfer or transport of marijuana, edible marijuana products, or any marijuana
products to any "qualified patient," or "person with an identification card," in the
City, by any "primary caregiver," as each of those terms are defined in California
Health and Safety Code section 11362.7, not to exceed eight (8) ounces of dried
marijuana for each "qualified patient" and "person with an identification card"
residing in the City.
"Medical Marijuana Dispensaries, Cooperatives, and Collectives" shall mean any
facility or location, whether fixed or mobile, where medical marijuana is made
available to three (3) or more of any of the following persons: a primary caregiver,
a qualified patient, or a patient with an identification card. Each of these terms is
identified in strict accordance with California Health and Safety Code section
11362.7 et seq. as such sections may be amended from time to time. A "medical
marijuana dispensary" shall not include the following uses, as long as the location
of such uses is otherwise regulated by this code and applicable State or Federal
law:
Ordinance No. 785
Page 4
(1) A clinic licensed pursuant to Chapter 1 Division 2 of the Health and
Safety Code;
(2) A healthcare facility licensed pursuant to Chapter 2 Division 2 of the
Health and Safety Code;
(3) A residential care facility for persons with chronic life- threatening
illnesses licensed pursuant to Chapter 3.01 of Division 2 of the
Health and Safety Code;
(4) A residential care facility for the elderly licensed pursuant to
Chapter 3.2 of Division 2 of the Health and Safety Code; and
(5) A residential hospice, or a home health agency licensed pursuant
to Chapter 8 of Division 2 of the Health and Safety Code, as long
as such use complies strictly with applicable law, including but not
limited to, Health and Safety Code Section 11362.5 et seq.
"Marijuana storage" shall mean any facility or location, whether fixed or mobile,
where marijuana, whether medical or otherwise, is stored either temporarily or
permanently. No permit, whether conditional or otherwise, shall be issued for the
establishment of such activity. Marijuana storage shall not include the planting,
growing, harvesting, drying or processing of marijuana plants or any part thereof
by any "qualified patient," or "person with an identification card," as those terms
are defined in California Health and Safety Code section 11362.7 so long as it is
located at the residence of the qualified patient or person with identification card.
Section 5-.- Section 17.08.100 of Chapter 17.08 of Title 17 of the Poway Municipal
Code is amended by modifying subsection J in the matrix to read as follows:
RR -A
through C,
RS -1
RS -2
RS -3
RS -4
RS -7
RC
RA
J. Medical
X
X
X
X
X
X
X
Marijuana:
Dispensaries
Collectives
and
Cooperatives;
Cultivation;
Delivery;
Manufacturing;
Storage
Ordinance No. 785
Page 5
Section 6: Section 17.08.110 of Chapter 17.08 of Title 17 of the Poway Municipal
Code is amended by modifying subsection L in the matrix to read as follows:
Section 7-.- Section 17.08.120 of Chapter 17.08 of Title 17 of the Poway Municipal
Code is amended by modifying subsection I in the matrix to read as follows:
RR -A
through C,
RS -1
RS -2
RS -3
RS -4
RS -7
RC
RA
L. Medical
X
X
X
X
X
X
X
Marijuana:
Dispensaries
Collectives
and
Cooperatives;
Cultivation;
Delivery;
Manufacturing;
Storage
Section 7-.- Section 17.08.120 of Chapter 17.08 of Title 17 of the Poway Municipal
Code is amended by modifying subsection I in the matrix to read as follows:
Section 8: Section 17.08.130 of Chapter 17.08 of Title 17 of the Poway Municipal
Code is amended by modifying subsection B in the matrix to read as follows:
RR -A
through C,
RS -1
RS -2
RS -3
RS -4
RS -7
RC
RA
I. Medical
X
X
X
X
X
X
X
Marijuana:
Dispensaries
Collectives
and
Cooperatives;
Cultivation;
Delivery;
Manufacturing;
Storage
Section 8: Section 17.08.130 of Chapter 17.08 of Title 17 of the Poway Municipal
Code is amended by modifying subsection B in the matrix to read as follows:
RR -A
through C,
RS -1
RS -2
RS -3
RS -4
RS -7
RC
RA
B. Medical
X
X
X
X
X
X
X
Marijuana:
Dispensaries
Collectives
and
Cooperatives;
Cultivation;
Delivery;
Manufacturing;
Storage
Ordinance No. 785
Page 6
Section 9: Section 17.08.140 of Chapter 17.08 of Title 17 of the Poway Municipal
Code is amended by modifying subsection F in the matrix to read as follows:
Section 10: Section 17.08.150 of Chapter 17.08 of Title 17 of the Poway Municipal
Code is amended by modifying subsection B in the matrix to read as follows:
RR -A
through C,
RS -1
RS -2
RS -3
RS -4
RS -7
RC
RA
F. Medical
X
X
X
X
X
X
X
Marijuana:
Dispensaries
Collectives
and
Cooperatives;
Cultivation;
Delivery;
Manufacturing;
Storage
Section 10: Section 17.08.150 of Chapter 17.08 of Title 17 of the Poway Municipal
Code is amended by modifying subsection B in the matrix to read as follows:
Section 11: Section 17.10.060 of Chapter 17.10 of Title 17 of the Poway Municipal
Code is amended by modifying the fourth use in the category of "Miscellaneous Uses" in
the matrix, to read as follows:
RR -A
through C,
RS -1
RS -2
RS -3
RS -4
RS -7
RC
RA
B. Medical
X
X
X
X
X
X
X
Marijuana:
Dispensaries
Collectives
and
Cooperatives;
Cultivation;
Delivery;
Manufacturing;
Storage
Section 11: Section 17.10.060 of Chapter 17.10 of Title 17 of the Poway Municipal
Code is amended by modifying the fourth use in the category of "Miscellaneous Uses" in
the matrix, to read as follows:
MU
CO
CN
CB
TC
CG
AG /C
Medical
X
X
X
X
X
X
X
Marijuana:
Dispensaries
Collectives
and
Cooperatives;
Cultivation;
Delivery;
Manufacturing;
Storage
Ordinance No. 785
Page 7
Section 12: Section 17.16.020 of Chapter 17.16 of Title 17 of the Poway Municipal
Code is amended by modifying subsection F in the matrix to read as follows:
Section 13: Section 17.18.020 of Chapter 17.18 of Title 17 of the Poway Municipal
Code is amended by modifying subsection C to read as follows:
C. Notwithstanding any provision of the Municipal Code to the
contrary, the use of any property within any planned residential
development zone in the City of Poway as a medical marijuana
dispensary, cooperative or collective, or for medical marijuana cultivation,
delivery, manufacturing or storage is prohibited. The issuance of any
permit, license, or certificate for the operation of any such uses shall be
prohibited.
Section 14: Section 17.20.020 of Chapter 17.20 of Title 17 of the Poway Municipal
Code is amended by modifying subsection G to read as follows:
G. Notwithstanding any provision of the Municipal Code to the
contrary, the use of any property within any planned community zone in
the City of Poway as a medical marijuana dispensary, cooperative, or
collective, or for medical marijuana cultivation, delivery, manufacturing or
storage is prohibited. The issuance of any permit, license, or certificate for
the operation of any such uses shall be prohibited.
Section 15: Section 17.22.020 of Chapter 17.22 of Title 17 of the Poway Municipal
Code is amended by modifying subsection P to read as follows:
P. Medical Marijuana_ Dispensaries X
Collectives and Cooperatives; Cultivation; Delivery; Manufacturing; Storage
Section 16: Section 17.23.020 of Chapter 17.23 of Title 17 of the Poway Municipal
Code is amended by modifying subsection AA to read as follows:
AA. Medical Marijuana_ Dispensaries X
Collectives and Cooperatives; Cultivation; Delivery; Manufacturing; Storage
Section 17: Section 17.24.020 of Chapter 17.24 of Title 17 of the Poway Municipal
Code is amended by modifying subsection 11 to read as follows:
11. Medical Marijuana_ Dispensaries X
Collectives and Cooperatives; Cultivation: Deliverv: Manufacturina: Storaae
MHP
F. Medical Marijuana_ Dispensaries
Collectives and Cooperatives; Cultivation; Delivery; Manufacturing; Storage
X
Section 13: Section 17.18.020 of Chapter 17.18 of Title 17 of the Poway Municipal
Code is amended by modifying subsection C to read as follows:
C. Notwithstanding any provision of the Municipal Code to the
contrary, the use of any property within any planned residential
development zone in the City of Poway as a medical marijuana
dispensary, cooperative or collective, or for medical marijuana cultivation,
delivery, manufacturing or storage is prohibited. The issuance of any
permit, license, or certificate for the operation of any such uses shall be
prohibited.
Section 14: Section 17.20.020 of Chapter 17.20 of Title 17 of the Poway Municipal
Code is amended by modifying subsection G to read as follows:
G. Notwithstanding any provision of the Municipal Code to the
contrary, the use of any property within any planned community zone in
the City of Poway as a medical marijuana dispensary, cooperative, or
collective, or for medical marijuana cultivation, delivery, manufacturing or
storage is prohibited. The issuance of any permit, license, or certificate for
the operation of any such uses shall be prohibited.
Section 15: Section 17.22.020 of Chapter 17.22 of Title 17 of the Poway Municipal
Code is amended by modifying subsection P to read as follows:
P. Medical Marijuana_ Dispensaries X
Collectives and Cooperatives; Cultivation; Delivery; Manufacturing; Storage
Section 16: Section 17.23.020 of Chapter 17.23 of Title 17 of the Poway Municipal
Code is amended by modifying subsection AA to read as follows:
AA. Medical Marijuana_ Dispensaries X
Collectives and Cooperatives; Cultivation; Delivery; Manufacturing; Storage
Section 17: Section 17.24.020 of Chapter 17.24 of Title 17 of the Poway Municipal
Code is amended by modifying subsection 11 to read as follows:
11. Medical Marijuana_ Dispensaries X
Collectives and Cooperatives; Cultivation: Deliverv: Manufacturina: Storaae
Ordinance No. 785
Page 8
Section 18: Section 17.26.035 of Chapter 17.26 of Title 17 of the Poway Municipal
Code is amended to read as follows:
17.26.035 Medical Marijuana Dispensary, Cooperative or Collective,
cultivation, delivery, manufacturing or storage. Notwithstanding any
provision of the Municipal Code to the contrary, the use of any property
within any zone in the City of Poway as a medical marijuana dispensary,
cooperative or collective, or for medical marijuana cultivation, delivery,
manufacturing or storage is prohibited. The issuance of any permit,
license, or certificate for the operation of any such uses shall be
prohibited.
Section 19: The ,City Council of the City of Poway hereby declares that should any
section, paragraph, sentence, phrase, term or word of this Ordinance, hereby adopted,
be declared for any reason to be invalid, it is the intent of the City Council that it would
have adopted all other portions of this Ordinance irrespective of any such portion
declared invalid.
Section 20: This Ordinance shall take effect thirty (30) days after the date of its
passage, and before the expiration of fifteen (15) days from the passage thereof shall
be published at least once with names and members voting for and against the same in
the Poway News Chieftain, a newspaper of general circulation, published and circulated
in the City of Poway and thenceforth and thereafter the same shall be in full force and
effect.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30)
days after its adoption.
CERTIFICATION /PUBLICATION: The City Clerk shall certify the adoption of
this Ordinance and cause it or a summary of it, to be published with the names of the
City Council members voting for and against the same in the Poway News Chieftain, a
newspaper of general circulation in the City of Poway within fifteen (15) days after its
adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk
in accordance with Government Code § 36933.
Ordinance No. 785
Page 9
Introduced and first read at a regular meeting of the City Council of the City of
Poway this 12th day of January 2016, and thereafter PASSED AND ADOPTED at a
regular meeting of said City Council held on the 28th day of January 2016.
Steve Vaus, Mayor
ATTEST:
r l) � � - --
She(la�Cobian, CIVIC, City Clerk
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
I, Sheila R. Cobian, CIVIC, City Clerk of the City of Poway, do hereby certify,
under penalty of perjury, that the foregoing Ordinance No. 785 was duly adopted by the
City Council at a meeting of said City Council held on the 28th day of January 2016 and
that it was so adopted by the following vote:
AYES: LEONARD, GROSCH, MULLIN, CUNNINGHAM, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
N_ &R
Sheila'R' Cobia6, CIVIC, City Clerk
City of Poway