Ord 751ORDINANCE NO. 751
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA,
AMENDING TITLE 17 OF THE POWAY MUNICIPAL CODE,
TO RESTORE A DEFINITION OF MEDICAL MARIJUANA
DISPENSARIES, COOPERATIVES AND COLLECTIVES
WHEREAS, on February 7, 2012, by Ordinance No. 736, the Poway City Council
amended Title 17 of the Poway Municipal Code (the "PMC ") to prohibit the
establishment of medical marijuana dispensaries, cooperatives and collectives in the
City of Poway; and
WHEREAS, Ordinance No. 736 added PMC 17.04.514, which contained a
definition of medical marijuana dispensaries, cooperatives and collectives for
application to the regulations set forth in Title 17; and
WHEREAS, on March 6, 2012, by Ordinance No. 738, the Poway City Council
further amended Title 17 of the PMC to modify regulations pertaining to signs within the
City of Poway, and which ordinance amended Chapter 17.04 PMC in its entirety; and
WHEREAS, Ordinance No. 738, as adopted, inadvertently omitted PMC
17.04.514, thereby eliminating the definition for medical marijuana dispensaries,
cooperatives and collectives for use in interpreting the City's regulations of such uses;
and
WHEREAS, the definition of medical marijuana dispensaries, cooperatives and
collectives should be added to Chapter 17.04 PMC in order to restore Ordinance
No. 736 to its complete and intended form and content; 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 ( "CEQA ") 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: Section 17.04.514 is added to Chapter 17.04 of Title 17 of the Poway
Municipal Code to read as follows:
17.04.514 "Medical Marijuana Dispensaries, Cooperatives and
Collectives" shall mean any facility or location, whether fixed or mobile,
Ordinance No. 751
Page 2
where medical 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 "medical
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.
Section 3: 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 4.: 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.
CERTIFICATION /PUBLICATION: The City Clerk shall certify the adoption of
this Ordinance and cause it or a summary of it, to be published with the names of the
City Council members voting for and against the same in the Poway News Chieftain, a
newspaper of general circulation in the City of Poway within fifteen (15) days after its
Ordinance No. 751
Page 3
adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk
in accordance with Government Code § 36933.
Introduced and first read at a regular meeting of the City Council of the City of
Poway this 21st day of May 2013, and thereafter PASSED AND ADOPTED at a regular
meeting of said City Council held on the 4th day of June 2013.
Don Higginson, May r
ATTEST:
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Sheila R. Cobian, CIVIC, City Clerk
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
I, Sheila R. Cobian, City Clerk of the City of Poway, do hereby certify, under
penalty of perjury, that the foregoing Ordinance No. 751 was duly adopted by the City
Council at a meeting of said City Council held on the 4th day of June 2013 and that it
was so adopted by the following vote:
AYES: CUNNINGHAM, VAUS, GROSCH, MULLIN, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Sheila R. Cobian, CIVIC, City Clerk
City of Poway