Ord 803ORDINANCE NO. 803
AN ORDINANCE TO EXTEND INTERIM URGENCY ORDINANCE
NO. 792 OF THE CITY OF POWAY, CALIFORNIA, ADOPTED
PURSUANT TO GOVERNMENT CODE SECTION 65858,
TEMPORARILY PROHIBITING THE ESTABLISHMENT OF
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 ( "Zoning Ordinance ") as codified in Title 17 of the Poway Municipal Code
( "Municipal Code ");
WHEREAS, the Municipal Code currently prohibits the establishment of medical
marijuana dispensaries, cooperatives and collectives in all zones of the City, but does
not regulate the establishment of nonmedical marijuana dispensaries, cooperatives and
collectives, and does not specifically address the use of areas within the City where
cultivation of marijuana is permitted, whether for commercial or personal use;
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 received the
designation as Proposition 64 ( "Proposition 64 ");
WHEREAS, Proposition 64 has been approved by the voters in California,
thereby effectively legalizing the cultivation, sales, possession, and consumption of
nonmedical marijuana, subject to valid local and state regulations;
WHEREAS, the City is undertaking a study to assist with the City's determination
of whether nonmedical marijuana businesses, including dispensaries, cooperatives,
collectives, retail businesses, and commercial and non - commercial cultivation should be
allowed in any zone, or whether such uses should be prohibited, or restricted, in any or
all zones;
WHEREAS, Ordinance No. 792 was adopted by the Poway City Council on
November 1, 2016, as an interim urgency ordinance in order to temporarily prevent and
prohibit the establishment of nonmedical marijuana businesses and cultivation in all
zones in the City until such reasonable time as such detailed study by the City can be
completed;
WHEREAS, Ordinance No. 792, by its terms, is only effective until December 16,
2016, or such reasonable time as the study may be completed and any necessary
public hearing process is conducted and amendments to the Zoning Ordinance, or other
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titles of the Municipal Code may be adopted, unless extended by ordinance of the City
Council following a public hearing, whichever shall first occur;
WHEREAS, the City has not completed its study in time to allow for the City
Council to conduct its necessary public hearing, and to adopt any ordinance to amend
the Municipal Code, including, but not limited to, the Zoning Ordinance, and the
moratorium established by Ordinance No. 792 would expire unless extended for a
period of time up to an additional ten months and fifteen days; and
WHEREAS, the notice and public hearing required by section 65858(a) of the
California Government Code for the extension of Ordinance No. 792 has been provided
in accordance with applicable law.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN
AS FOLLOWS:
SECTION 1: The City of Poway (the "City ") has an overriding interest in planning
and regulating the use of property within the City. Implicit in any plan or regulation is
the City's interest in maintaining and improving the quality of urban life and the
character of the City's neighborhoods, the prevention of nuisance activities, to protect
against criminal activities, or damage to property caused by the secondary effects of
certain land uses. Without stable, well - planned neighborhoods; without effective
regulations of land use activities; and without planning for the effective use of property,
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 study resulting in amendments to
the Zoning Ordinance or other Titles of the Municipal Code.
SECTION 2: The purpose of this ordinance is to extend the effectiveness of
Ordinance No. 792 by continuing a moratorium on nonmedical marijuana businesses
and outdoor cultivation in all zones in the City of Poway until such reasonable time as a
detailed study of the possible adverse impacts such land uses might have on residential
and commercial uses, may be made. Ordinance No. 792 was adopted on November 1,
2016 as an urgency measure pursuant to Government Code section 65858 for the
immediate preservation of the public peace, health, and welfare. The circumstances
requiring the urgency measure continue to exist. The facts constituting the urgency are
these: The City of Poway has established appropriate land use regulations in its Zoning
Ordinance to address legal uses as might be permitted by State laws. Due to voter
approval of Proposition 64 certain activities heretofore illegal throughout the State will
now be allowed in the City with regulations adopted by the State and those adopted by
the City. Such State regulations may be established at any time but not later than
January 1, 2018.
SECTION 3: Ordinance No. 792 is hereby extended from December 15, 2016 to
October 30, 2017, a period not to exceed ten months and fifteen days, unless prior to
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that date the above - mentioned amendment to the Zoning Ordinance, or amendment to
the Municipal Code, becomes operative, thereby rendering Ordinance No. 792 and this
ordinance repealed, void, and of no further force and effect by operation of law.
SECTION 4: 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 5: This ordinance shall take effect immediately upon passage by a
4 /5ths vote of the City Council, and in accordance with Government Code section
65858 and Poway Municipal Code section 2.18.100 and will be of no further force or
effect on the date that the above - mentioned zoning ordinance or amendment to the
Municipal Code becomes operative, or after October 30, 2017, whichever is sooner,
except as may be extended as provided by said sections.
INTRODUCED, PASSED AND ADOPTED by the City Council of the City of
Poway, California, at a regular meeting held the 6th day of December 2016.
teve Vaus, Mayor
ATTEST:
a cy a Id, CIVIC, City Clerk
Ordinance No. 803
Page 4
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO)
I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify
that the foregoing Ordinance No. 803, was duly adopted by the City Council at a
meeting of said City Council held on the 6th day of December 2016, and that it was so
adopted by the following vote:
AYES: LEONARD, GROSCH, MULLIN, CUNNINGHAM, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Nancy eu el , CMC, City Clerk
City of Poway