Ord 808ORDINANCE NO. 808
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA,
AMENDING TITLE 9 AND TITLE 17 OF THE POWAY
MUNICIPAL CODE, PROHIBITING THE ESTABLISHMENT
OF MARIJUANA DISPENSARIES, COOPERATIVES, AND
COLLECTIVES, AND PROHIBITING 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
personal conduct within the City as codified in Title 9 of the Poway Municipal Code ("PMC'
or "Municipal Code"), and regulating land uses within the City as codified in Title 17 of the
PMC;
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, delivery, manufacturing and storage 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, Ordinance No. 792 was adopted by the Poway City Council on
November 2, 2016, and subsequently Ordinance 803 was adopted on December 6,
2016, as interim urgency ordinances 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 a detailed study by the City could be completed;
WHEREAS, Ordinance No. 803, by its terms, is only effective until October 30,
2017, 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 titles
of the Municipal Code may be adopted, unless extended by ordinance of the City Council
following a public hearing, whichever shall first occur;
Ordinance No. 808
Page 2
WHEREAS, an ordinance prohibiting marijuana dispensaries, collectives and
cooperatives, and prohibiting marijuana cultivation, delivery, manufacturing and storage
and prohibiting the issuance of any land use permits or entitlements for marijuana uses
is necessary and appropriate to maintain and protect the public health, safety and
welfare of the citizens of Poway;
WHEREAS, an ordinance prohibiting marijuana uses and prohibiting the issuance
of any land use permits or entitlements for such marijuana uses 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;
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 Compassionate
Use Act (CUA) and the Medical Marijuana Program (MMP);
WHEREAS, the City Council recognizes that Proposition 64 allows the growth
and cultivation of not more than six (6) marijuana plants in each residence for the
personal recreational use of the adults residing in the residence; and
WHEREAS, the City Council finds, pursuant to Title 14 of the California Code of
Regulations, section 15061(b)(3), that this Ordinance is exempt from the requirements of
the California Environmental Quality Act ("CEQX) in that it can be seen with certainty
that there is no possibility that the activity in question may have a significant effect on the
environment.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES
ORDAIN AS FOLLOWS:
SECTION 1: The Poway City Council hereby finds that the above -listed findings
are true and correct.
SECTION 2: In the exercise of its legislative powers, the City of Poway has an
overriding interest in planning and regulating development of all uses within the City.
Implicit in any plan or regulation is the City's interest in maintaining and improving the
quality of life and the character of the City's neighborhoods. Without safe 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.
Allowing the location and establishment of marijuana dispensaries, cooperatives or
collectives, and allowing marijuana cultivation, delivery, manufacturing and storage
without 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.
Ordinance No. 808
Page 3
SECTION 3: The intent of this Ordinance is to prohibit the use of any property
within any zone in the City of Poway as a marijuana dispensary, cooperative or collective
and prohibit marijuana cultivation, delivery, manufacturing and storage in all zones. The
issuance of any permit, license, or certificate for the operation of any such uses 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 CUA of 1996 (California Health and
Safety Code section 11362.5) and the MMP (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. Further, nothing in this
Ordinance shall create any criminal liability for any adult or group of adults who grows
and cultivates not more than the legally allowable number of marijuana plants in their
personal residence for their own personal use and consumption in compliance with
sections 11362.1, 11362.2, 11362.3, 11362.4, and 11362.45 of the California Health and
Safety Code.
SECTION 4: Section 17.04.514 to Chapter 17.04 of Title 17 of the PMC shall be
amended to read as follows:
"Marijuana cultivation", whether medical or otherwise, 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. Marijuana cultivation shall also not
include the planting, growing, harvesting, drying or processing of marijuana
plants or any part thereof indoors at a single residence, where the marijuana
plants and products are for personal use and consumption by adult
residents therein and are otherwise permitted by state or federal laws.
Outdoor cultivation shall be strictly prohibited in all zones.
"Marijuana delivery", whether medical or otherwise, 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
Ordinance No. 808
Page 4
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 ounces of dried marijuana
for each "qualified patient" and "person with an identification card" residing
in the City.
"Marijuana: Dispensaries, Cooperatives, and Collectives", whether medical
or otherwise, shall mean any facility or location, whether fixed or mobile,
where 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 "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:
(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 Manufacturing", whether medical or otherwise, shall mean the
production, preparation, propagation, or compounding of cannabis products,
including extraction processes, infusion processes; the packaging or repackaging
of manufactured cannabis or cannabis products; or the labeling or relabeling of
packages of manufactured cannabis or cannabis products. Marijuana
manufacturing shall include all aspects of the extraction and/or infusion processes,
including processing, preparing, holding, storing, packaging, or labeling of
cannabis products as well as any processing, preparing, holding, or storing of
components and ingredients. No permit, whether conditional or otherwise, shall be
Ordinance No. 808
Page 5
issued for the establishment of such activity. Marijuana manufacturing shall not
include the production, preparation, propagation, or compounding of cannabis
products, including extraction processes, infusion processes 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. Marijuana
manufacturing shall also not include the production, preparation, propagation, or
compounding of cannabis products, including extraction processes, infusion
processes or any part thereof indoors at a single residence, where the marijuana
plants and products are for personal use and consumption by adult residents
therein and are otherwise permitted by state or federal laws. No permit, whether
conditional or otherwise, shall be issued for the establishment of such activity.
"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.
Marijuana storage shall also not include the planting, growing, harvesting, drying
or processing of marijuana plants or any part thereof indoors at a single residence,
where the marijuana plants and products are for personal use and consumption by
adult residents therein and are otherwise permitted by state or federal laws.
SECTION 5: Section 17.08.100 to Chapter 17.08 Title 17 of the PMC is amended
to read as follows:
RR -A
through C,
RS -1
RS -2
RS -3
RS -4
RS -7
RC
RA
J. Marijuana:
X
X
X
X
X
X
X
dispensaries,
collectives
and
cooperatives,
cultivation,
delivery,
manufacturing
and storage
as defined in
PMC Section
17.04.514
Ordinance No. 808
Page 6
SECTION 6: Section 17.08.110 to Chapter 17.08 Title 17 of the PMC is amended
to read as follows:
SECTION 7: Section 17.08.120 to Chapter 17.08 Title 17 of the PMC is amended
to read as follows:
RR -A
through C,
RS -1
RS -2
RS -3
RS -4
RS -7
RC
RA
L. Marijuana:
X
X
X
X
X
X
X
dispensaries,
collectives
and
cooperatives,
cultivation,
delivery,
manufacturing
and storage
as defined in
PMC Section
17.04.514
SECTION 7: Section 17.08.120 to Chapter 17.08 Title 17 of the PMC is amended
to read as follows:
RR -A
through C,
RS -1
RS -2
RS -3
RS -4
RS -7
RC
RA
I. Marijuana:
X
X
X
X
X
X
_
X
dispensaries,
collectives
and
cooperatives,
cultivation,
delivery,
manufacturing
and storage
as defined in
PMC Section
17.04.514
Ordinance No. 808
Page 7
SECTION 8: Section 17.08.130 to Chapter 17.08 Title 17 of the PMC is amended
to read as follows:
SECTION 9: Section 17.08.140 to Chapter 17.08 Title 17 of the PMC is amended
to read as follows:
RR -A
through C,
RS -1
RS -2
RS -3
RS -4
RS -7
RC
RA
B. Marijuana:
X
X
X
X
X
X
X
dispensaries,
collectives
and
cooperatives,
cultivation,
delivery,
manufacturing
and storage
as defined in
PMC Section
17.04.514
SECTION 9: Section 17.08.140 to Chapter 17.08 Title 17 of the PMC is amended
to read as follows:
RR -A
through C,
RS -1
RS -2
RS -3
RS -4
RS -7
RC
RA
F. Marijuana:
X
X
X
X
X
X
X
dispensaries,
collectives
and
cooperatives,
cultivation,
delivery,
manufacturing
and storage
as defined in
PMC Section
17.04.514
Ordinance No. 808
Page 8
SECTION 10: Section 17.08.150 to Chapter 17.08 Title 17 of the PMC is amended
to read as follows:
SECTION 11: Section 17.10.060 (Miscellaneous Uses) to Chapter 17.10 Title 17
of the PMC is amended to read as follows:
RR -A
through C,
RS -1
RS -2
RS -3
RS -4
RS -7
RC
RA
B. Marijuana:
X
X
X
X
X
X
X
dispensaries,
collectives
and
cooperatives,
cultivation,
delivery,
manufacturing
and storage
as defined in
PMC Section
17.04.514
SECTION 11: Section 17.10.060 (Miscellaneous Uses) to Chapter 17.10 Title 17
of the PMC is amended to read as follows:
SECTION 12: Section 17.16.020 to Chapter 17.16 Title 17 of the PMC is amended
to read as follows:
Mu
CO
CN
CB
TC
CG
AG/C
Marijuana:
X
X
X
X
X
X
X
dispensaries,
collectives
and
cooperatives,
cultivation,
delivery,
manufacturing
and storage
as defined in
PMC Section
17.04.514
SECTION 12: Section 17.16.020 to Chapter 17.16 Title 17 of the PMC is amended
to read as follows:
MHP
F. Marijuana: dispensaries, collectives and cooperatives, cultivation, delivery, manufacturing and
storage as defined in PMC Section 17.04.514
X
Ordinance No. 808
Page 9
SECTION 13: Section 17.18.020 to Chapter 17.18 Title 17 of the PMC is amended
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 marijuana dispensary, cooperative, or collective or for marijuana
cultivation, delivery, manufacturing, or storage, as defined in PMC Section
17.04.514, 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 to Chapter 17.20 Title 17 of the PMC is amended
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
marijuana dispensary, cooperative, or collective, or for marijuana cultivation,
delivery, manufacturing and storage, as defined in PMC Section 17.04.514, 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 to Chapter 17.22 Title 17 of the PMC is amended
to read as follows:
P. Marijuana: dispensaries, collectives and cooperatives, cultivation, delivery, manufacturing and X
storage as defined in PMC Section 17.04.514
SECTION 16: Section 17.23.020 to Chapter 17.23 Title 17 of the PMC is amended
to read as follows:
AA. Marijuana: dispensaries, collectives and cooperatives, cultivation, delivery, manufacturing and X
storage as defined in PMC Section 17.04.514
SECTION 17: Section 17.24.020 to Chapter 17.24 or Title 17 of the PMC is
amended to read as follows:
11. Marijuana: dispensaries, collectives and cooperatives, cultivation, delivery, manufacturing and X
storage as defined in PMC Section 17.04.514
Ordinance No. 808
Page 10
SECTION 18: Section 17.26.035 to Chapter 17.26 of Title 17 of the PMC is
amended to read as follows:
17.26.035 Marijuana: Dispensary, Cooperative or Collective.
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 marijuana
dispensary, cooperative, or collective, or for marijuana cultivation, delivery,
manufacturing or storage, as defined in PMC 17.04.514, is prohibited. The
issuance of any permit, license, or certificate for the operation of any such
uses shall be prohibited.
SECTION 19: Section 9.32.010 to Chapter 9.32 of Title 9 of the PMC is amended
to read as follows:
9.32.010 Definitions.
The following words and phrases shall, for the purposes of this chapter, have the
meanings respectively ascribed to them by this section, as follows:
"Mobile marijuana dispensary" means any clinic, cooperative, club, business or
group which transports or delivers, or arranges the transportation or delivery, of
marijuana to a person.
"Operation" means any effort to locate, operate, own, lease, supply, allow to be
operated, or aid, abet or assist in the operation of a mobile marijuana dispensary
"Person" means any person, firm, corporation, association, club, society, or other
organization. The term "person" shall include any owner, manager, proprietor,
employee, volunteer or salesperson.
SECTION 20: 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 21: This Ordinance shall take effect thirty (30) days after the date of this
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.
Ordinance No. 808
Page 11
Introduced and first read at a regular meeting of the City Council of the City of
Poway, California this 5th day of September 2017, and thereafter PASSED AND
ADOPTED at a regular meeting of said City Council held on the 19th day of September
2017.
Steve Vaus, Mayor
ATTEST:
Nan y Wuf6ld, CMC,'City Clerk
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify,
under penalty of perjury, that the foregoing Ordinance No. 808 was duly adopted by the
City Council at a meeting of said City Council held on the 19th day of September 2017
and that it was so adopted by the following vote:
AYES: CUNNINGHAM, GROSCH, MULLIN, LEONARD, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
NancyM e fel , CMC, City Clerk
City of Poway