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Ord 727ORDINANCE NO. 727 AN INTERIM URGENCY ORDINANCE OF THE CITY OF POWAY, CALIFORNIA ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65858, TEMPORARILY PROHIBITING THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES, COOPERATIVES AND COLLECTIVES 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 "); and WHEREAS, in 1996 the people of the State of California approved Proposition 215, the Compassionate Use Act of 1996 (the "Act "), adopting Health and Safety Code section 11362.5, granting all Californians the right to obtain and use marijuana for medical purposes under certain circumstances, and further encouraging, but not requiring, the federal and state governments to implement a plan to provide for the safe and affordable distribution of marijuana to all patients in medical need of marijuana; and WHEREAS, in response to the Act the State of California adopted the Medical Marijuana Program (California Health and Safety Code section 11362.7 et seq.) (the "Program ") to implement a program for the issuance of identification cards to qualified patients and to their designated caregivers in order to allow the possession of medical marijuana, and to further regulate the distribution of medical marijuana as permitted under the Act; and WHEREAS, the Development Services Department is undertaking an independent study to assist with the City's determination whether persons conducting businesses to establish and operate medical marijuana dispensaries, cooperatives or collectives, for profit or not, should be allowed in any zone, or whether such uses should be prohibited in any or all zones; and WHEREAS, the establishment of medical marijuana dispensaries, cooperatives or collectives, in the City of Poway, 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. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: SECTION 1: The City of Poway ( "City ") 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 in 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 study resulting in amendments to the Zoning Ordinance. Ordinance No. 727 Page 2 SECTION 2: The purpose of this ordinance is to temporarily prevent and prohibit the establishment of medical marijuana 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 medical marijuana 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 in 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 medical marijuana 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 due 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 might progress so far as to defeat in whole or in part the ultimate objective of those regulations. SECTION 4: (a) 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, is prohibited. The issuance of any permit, license, or certificate for the operation of any such uses shall be prohibited. (b) 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 Act and the Program 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 made and the Zoning Amendment and Public Hearings process pertaining to these matters is completed or until August 21, 2011, whichever occurs sooner, except as may be extended as provided by Government Code Section 65858. Ordinance No. 727 Page 3 SECTION 5: 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 portioned declared invalid. SECTION 6: This ordinance shall take effect immediately upon passage by a 4J5ths vote of the City Council, and in accordance with Government Code Section 65858 and cause it to be published in full in a newspaper of general circulation in the City of Poway within fifteen days after its adoption. INTRODUCED, PASSED AND ADOPTED by the City Council of the City of Poway, California at a special meeting held this 6th day of .July, 2011, by the following vote to wit: ATTEST: d A. Troyan, MM ,City Clerk f Ordinance No. 727 Page 4 STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO) I, Linda A. Troyan, City Clerk of the City of Poway, do hereby certify that the foregoing Ordinance No. 727, was duly adopted by the City Council at a meeting of said City Council held on the 6th day of July 2011, and that it was so adopted by the following vote: AYES: BOYACK, GROSCH, MULLIN, CUNNINGHAM, HIGGINSON NOES: NONE ABSENT: NONE DISQUALIFIED: NONE jA a A. Troyan, MMC, City Clerk