Ord 729ORDINANCE NO. 729
AN ORDINANCE TO EXTEND INTERIM URGENCY ORDINANCE
NO. 727 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 ( "Municipal Code ");
and
WHEREAS, the Municipal Code does not specifically identify medical marijuana
dispensaries, cooperatives or collectives as permitted or conditionally permitted uses in
any land use zones in the City; and
WHEREAS, sections 17.08.100 through 17.08.150 of the Municipal Code specify
the uses permitted and conditionally permitted in residential zones in the City, and
section 17.08.090 of the Municipal Code provides that a use not listed in sections
17.08.100 through 17.08.150 is not permitted; and
WHEREAS, the Development Services Department is undertaking an
independent study to assist with the City's determination of whether persons conducting
businesses to establish and provide medical marijuana dispensaries, cooperatives or
collectives should be allowed in any zone, or whether such uses should be prohibited in
any or all zones; and
WHEREAS, Ordinance No. 727 was adopted by the Poway City Council on July
6, 2011, as an interim urgency ordinance in order to temporarily prevent and prohibit the
establishment of medical marijuana dispensaries, cooperatives or collectives in any
zones in the City until such reasonable time as such detailed study by the Development
Services Department can be completed; and
WHEREAS, Ordinance No. 727, by its terms, is only effective until August 20,
2011, or such reasonable time as the study may be completed and any necessary
public hearing process is conducted and amendments to Title 17 of the Municipal Code
may be adopted, unless extended by ordinance of the City Council following a public
hearing; and
WHEREAS, the Development Services Department 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, and the moratorium established by
Ordinance No. 727 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. 727 has been provided
in accordance with applicable law.
Ordinance No. 729
Page 2
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 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 urban 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.
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, until such reasonable time as a detailed study may be made.
SECTION 3: This Ordinance is to extend the interim ordinance adopted on July
6, 2011 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, persons were allowed to establish uses in the City in a manner that
might 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 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,
Ordinance No. 729
Page 3
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 hearing process pertaining to these matters is
completed or until July 5, 2012, whichever occurs sooner, except as may be extended
as provided by Government Code section 65858.
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
portion declared invalid.
SECTION 6: 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.
INTRODUCED, PASSED AND ADOPTED by the City Council of the City of
Poway, California at a special meeting held the 12 day of August 2011.
ATTEST:
pA"Troyan, MMC, City Clerk
Ordinance No. 729
Page 4
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify that
the foregoing Ordinance No. 729, was duly adopted by the City Council at a special
meeting of said City Council held on the 12 day of August 2011, and that it was so
adopted by the following vote:
AYES: BOYACK, GROSCH, MULLIN, CUNNINGHAM, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
A. Troyan, MMC
Clerk
City of Poway