Chapter 17.93 — STANDARDS FOR MARIJUANA

• A. The city council finds that the prohibitions on marijuana cultivation, marijuana processing, marijuana delivery, and marijuana dispensaries are necessary for the preservation and protection of the public health, safety, and welfare for the city and its community. The cultivation, dispensing, delivery, manufacture and other use of marijuana negatively impacts, or has the potential to negatively impact, the health, safety and welfare of the community and public within the city. These negative impacts include, but are not limited to, damage to buildings in which cultivation, manufacturing and dispensing occurs, including improper and dangerous electrical alterations and use, inadequate ventilation, increased occurrences of robberies and similar crimes, and nuisance impacts to neighboring properties from the strong and potentially noxious odors from the plants and increased crime. The city council's prohibition of such activities is within the authority conferred upon the city council by state law.

• B. The city council finds that the public health, safety and general welfare of the city and its residents necessitates and requires the adoption of this zoning ordinance, prohibiting the establishment, maintenance and operation of marijuana cultivation, marijuana deliveries, marijuana dispensaries, cooperatives, and collectives, and other uses involving distribution of marijuana and marijuana related products, in order to: (a) protect and safeguard against the detrimental secondary negative effects and adverse impacts of facilities dispensing marijuana; (b) preserve and safeguard the minors, children and students in the community from the deleterious impacts of marijuana related facilities; and (c) preserve the city's law enforcement services, in that monitoring and addressing the negative secondary effects and adverse impacts will likely burden the city's law enforcement resources. The city council further finds that due to negative secondary effects and adverse impacts of facilities and other locations cultivating, delivering and/or dispensing marijuana, the establishment and operation of these facilities and land uses will negatively impact the city.

• C. On October 9, 2015, the Governor signed the "Medical Marijuana Regulation and Safety Act" ("Act") into law. The Act becomes effective January 1, 2016 and contains new statutory provisions that:

  1. Allow local governments to enact ordinances expressing their intent to prohibit the cultivation of marijuana and their intent not to administer a conditional permit program pursuant to Health and Safety Code Section 11362.777 for the cultivation of marijuana (Health and Safety Code Section 11362.777(c)(4) );

  2. Expressly provide that the Act does not supersede or limit local authority for local law enforcement activity, enforcement of local ordinances, or enforcement of local permit or licensing requirements regarding marijuana (Business and Professions Code Section 19315(a) );

3. Expressly provide that the Act does not limit the authority or remedies of a local government under any provision of law regarding marijuana, including but not limited to a local government's right to make and enforce within its limits all police regulations not in conflict with general laws (Business and Professions Code Section 19316(c) ); and

   4. Require a local government that wishes to prevent marijuana delivery activity, as defined in Business and Professions Code Section 19300.5(m) of the Act, from operating within the local government's boundaries to enact an ordinance affirmatively banning such delivery activity (Business and Professions Code Section 19340(a) ).

• D. The city council finds that this chapter: (1) expresses its intent to prohibit the cultivation of marijuana in the city and to not administer a conditional permit program or any other permitting program pursuant to Health and Safety Code

  • Section 11362.777 for the cultivation of marijuana in the city; (2) exercises its local authority to enact and enforce local regulations and ordinances, including those regarding the permitting, licensing, or other entitlement of the activities prohibited by this chapter; (3) exercises its police power to enact and enforce regulations for the public benefit, safety, and welfare of the city and its community; and (4) expressly prohibits the delivery of marijuana in the city.

(Ord. 793 § 2, 2016)

• A. This chapter is intended prohibit all cultivation, and commercial manufacturing, dispensing, and delivery of marijuana and marijuanarelated products within the city to the greatest extent permissible by law and within the confines of state law.

• B. Nothing in this chapter is intended, nor may it be construed, to exempt any activity related to marijuana from any applicable electrical, plumbing, land use or other building or land use standards or permitting requirements.

• C. All cultivation, manufacturing, dispensing, delivery and sale of marijuana within the city is subject to the provisions of this chapter. (Ord. 793 § 2, 2016)

The following definitions apply to this chapter:

"Delivery" means any commercial transfer of marijuana.

"Marijuana" means any or all parts of a cannabis plant any compound derived thereof, any synthetic compound designed to replicate or mimic the effects of cannabis, any ingestible or consumable product infused with or containing any of the forgoing, whether intended to be, or actually used, for medical, nonmedical or recreational purposes. Marijuana also includes tetrahydrocannabinols (THC), synthetic equivalents of the substances contained in the cannabis plant, or in the resinous extractives of cannabis, or derivatives of cannabis or THC.

"Marijuana cultivation" means planting, growing, harvesting, drying, curing, grading, trimming, processing, developing, or producing marijuana in any other way.

"Marijuana dispensary" means any individual, business, office, facility, location, store, retail storefront, wholesale location, automobile, truck, vehicle, machine, or other apparatus, or place, whether mobile, fixed or otherwise, that delivers, provides, distributes or makes available marijuana to any person for any purpose whether for medical, recreational or other non-medical purposes in any commercial manner, including based on donations or any other transaction. Marijuana dispensary includes, but is not limited to, a collective, cooperative or any other group that collectively or cooperatively distributes marijuana.

"Marijuana processing" means any method used to prepare marijuana for any commercial use, whether retail or otherwise, including, but not limited to: drying, cleaning, curing, extracting, preparing, deriving, producing, or packaging of marijuana and marijuana related products and concentrates.

(Ord. 793 § 2, 2016)

• A. Marijuana processing, marijuana delivery, and marijuana dispensaries are prohibited activities in all zones and specific plan areas in the city, except in compliance with Chapter 17.95 and where the city is preempted by federal or state law from enacting a prohibition on any such activity.

• B. Cultivation of marijuana for any commercial purpose is expressly prohibited in all areas, zones and specific plan areas in the city. No person or entity, including a qualified patient or primary caregiver, may cultivate any marijuana in the city, except in compliance with Chapter 17.94 .

• C. No use permit, variance, building permit, or any other entitlement, license, or permit, whether administrative or discretionary, will be approved or issued for the activities of commercial marijuana cultivation, or marijuana processing, marijuana delivery, or the establishment or operation of a marijuana dispensary in the city, except in compliance with Chapter 17.95 .

• D. No person or entity may conduct, cause, allow, permit, or maintain a marijuana dispensary, commercial marijuana cultivation, marijuana processing or marijuana delivery within the city, except in compliance with Chapter 17.95 and where the city is preempted by federal or state law from enacting a prohibition on any such activity for which the use permit, variance, building permit, or any other entitlement, license, or permit is sought.

• E. Nothing in this chapter may be deemed to permit or authorize any use or activity which is otherwise prohibited by any state or federal law. .

• (Ord. 793 § 2, 2016; Ord. 803 § 2, 2018; Ord. 819 § 6, 2020)

Any violation of this chapter is hereby declared a public nuisance that may be abated, punished, or subject to injunctive relief by the city by any means available at law.

(Ord. 793 § 2, 2016)

Any violation of this chapter, except as it relates to marijuana cultivation, shall constitute a misdemeanor, punishable as provided in Chapter 1.16 .

(Ord. 793 § 2, 2016)