Ord 792ORDINANCE N. 792
AN INTERIM URGENCY ORDINANCE OF THE CITY of
P WAY, CALIFORNIA, ADOPTED PURSUANT T
GOVERNMENT CODE SECTION 65858, TEMPORARILY
PROHIBITING THE ESTABLISHMENT of NONMEDICAL
MARIJUANA DISPENSARIES, COOPERATIVES, COLLECTIVES
AND RETAIL BUSINESSES; AND PROHIBITING THE
ESTABLISHMENT OF OUTDOOR CULTIVATION of
MARIJUANA IN ALL ZONES
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 (the "Municipal Code");
WHEREAS, the City Council for the City has previously adopted Ordinance No. 736,
adding sections 17.04.514, 17.08.100, 17.08.110, 17.08.120, 17.08.130, 17.08.140, 17.08.150,
17-10.060P 17.16.0201 17.18.020, 17.20.020, 17.22.020, 17.23.020, 17.24.020 and 17.26.036 to
Title 17 of the Poway Municipal Cede (the "Cede" ) prohibiting the establishment of medical
marijuana na dispensaries, cooperatives and collectives in all zones within Poway;
WHEREAS, on June 28, 2016. the California Secretary of state certified an initiative
measure for the November 8, 2016, statewide general election titled the "Control, Regulate and
Tax Adult Use of Marijuana Act, " which initiative has received the designation as Proposition 64
("Proposition 4");
WHEREAS, if Proposition 64 is approved by the voters of the State of California {the
"State" ) it will legalize marijuana for persons 21 years of age and older, and will allover the State
to regulate the cultivation, testing, and sale of nonmedical ,marijuana, including marijuana
products, as well as establish statewide takes for the commercial growth and retail sale of
marijuana; I
WHEREAS, Proposition 64 would also make it lawful for any person, 21 years of age or
older, to possess, plant, cultivate, harvest, dry, or process for private use not more than sic (6)
living marijuana plants within a private residence, or on the grounds of a private residence,
provided that 1 local ordinances may regulate the outdoor plantings, cultivation, harvesting,
drying} or processing of ,marijuana, and "for private uses) means that the person possessing,
planting, cultivating, harvesting, daring, or processing ,marijuana may give away (without any
compensation whatsoever) any ,marijuana or marijuana products to persons 21 gears of age or
older;
WHEREAS, the Development Services Department (the "Department" ) is undertaking an
independent study to assist with the City's determination whether persons conducting
businesses to establish and operate retail marijuana stores, shops: dispensaries, cooperatives
or collectives, in conformance with Proposition 64, for profit or not, should be allowed in any
zone, or whether such uses should be prohibited in any or all zones;
WHEREAS" the Department is also undertaking an independent study to assist with the
City's determination whether persons should be allowed to plant, cultivate, harvest, dry or
process marijuana outdoors upon the grounds of a private residence; and
WHEREAS, the establishment of marijuana stores} shops, dispensaries, cooperatives or
collectives, and the right to plant, cultivate, harvest, dry or process ,marijuana outdoors upon the
grounds of a private residence, in the City" prior to the completion of the studies being
conducted by the City would undermine the potential enforceability of, and conflict with, any
possible regulation or ban on such uses in the City.
Ordinance No. 792
Page
NOW, THEREFORE, F E, THE CITY COUNCIL of THE CITY of POWAY DOES ORDAIN
AS FOLLOWS-
SECTION 1: The City of Poway has an overriding interest in planning and regulating
development of all uses of property within the City. implicit in any plan or regulation is the City's
interest to maintaining and improving the quality of life and the character of the City's
neighborhoods. Without stable, well - planned neighborhoods, areas of the City can quickly
deteriorate, with detrimental consequences to social, environmental, and economic values. It is
the intent of the City Council to assure that all neighborhoods remain well - planned and that
residents maintain a high quality of life. This intent may be effectuated by a comprehensive
sturdy resulting in amendments to the Zoning ordinance.
SECTION 2: The purpose of this ordinance is to temporarily prevent and prohibit the
establishment of any retail businesses selling nonmedical marijuana, marijuana products,
including nonmedical marijuana stores, shops, dispensaries, cooperatives or collectives, on any
sites, for new development or redevelopment, in any zones within the City, until such
reasonable time as a detailed study may be made.
SECTION 3: This ordinance is an interim ordinance adopted as an urgency measure
pursuant to Government Code Section 65858 and is for the immediate preservation of the public
peace, health and welfare. The facts constituting the urgency are these: Allowing the location
and establishment of nonmedical marijuana stores, shops, dispensaries, cooperatives or
collectives, without regulation or prohibition, is likely to create a burden on public safety
resources, including both law enforcement and emergency response services, thereby reducing
the quality of life within the City's neighborhoods. In view of the facts set forth its the
aforementioned Recitals of this Ordinance, it is necessary to immediately study, hold hearings,
and consider an amendment of the City's Zoning ordinance and the adoption of regulations for
the location and establishment, or prohibition, of nonmedical ,marijuana stores, shops,
dispensaries, cooperatives and collectives as they may be recommended to the City Council by
the Development Services Department. A comprehensive set of regulations cannot be enacted
without dine deliberation, and it will take an undetermined length of time to work out the details
of the comprehensive regulations. It would be destructive of the proposed regulations if} during
the period they are being studied and are the subject of public hearings, parties seeking to
evade the operation of these regulations in the form they may be adopted should be permitted
to operate in a manner which right progress so far as to defeat in whole or in part the ultimate
objective of those regulations.
SECTION 4' (al Notwithstanding any nrnvisinn
contrary, the use of any property within any gone in the
,marijuana store, shop, dispensary, cooperative, or collective,
permit, license, or certificate for the operation of any such use
c. the Municipal Code to the
City of Poway as a nonmedical
i
s prohibited. The issuance o any
s shall be prohibited.
(b) In the evert that Proposition 64 is approved by the voters nothing
in this Ordinance shall create any criminal liability for any individual who is possessing, planting,
cultivating, harvesting, daring, or processing ,marijuana or ,marijuana products as defined in
Proposition 64, se long as such activities occur indoors and in compliance with Proposition 8
provided, however, that no property is used in the City of Poway contrary to this Ordinance. Any
new commercial or other development or redevelopment in the City is hereby prohibited as
noted in subsection a above until such reasonable time as a study may be a and the
Zoning Amendment and public hearing process pertaining to these matters is completed or until
December 18, 2016, whichever occurs sooner, except as may be extended as provided by
Government Code Section 65858.
Ordinance No. 792
Page 3
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Steve aus, Mayor
ATTEST:
Nancy NV'tfe_4�'d, 61VIC, CI ty Clerk
STATE 01F CALIFORNIA )
) SS
COUNTY OF SAN DIEGO)
I, Rlancy Reufeid, City Clerk, of the City of Poway, do hereby certify that the
foregoing Ordinance No. 792, was duly adopted by the City Council at a regular meeting
of said City Council held on the 1st day of November 2016, and that it was so adopted
• the following vote:
AYES'. LEONARD, GROSCH, MULLI�N�, CUNNINGHAM, VAUS
ia, nii � V N NONC
I ;j UNI VW1,11 I oft
N a nit;y 69u Id,rCod, City Clerk
City of Poway