Chapter 19I — MEDICAL MARIJUANA CULTIVATION PROHIBITED

(a)

The city council finds that the above recitals are true and correct and are incorporated herein by reference as if set forth in full.

(b)

On October 9, 2015, Governor Jerry Brown signed the "Medical Marijuana Regulation and Safety Act" ("Act") into law.

(c)

The act becomes effective January 1, 2016 and contains provisions which allow for local governments to regulate licenses and certain activities thereunder.

(d)

The act contains a provision which sets forth that the state shall become the sole authority for regulation under certain parts of the act, unless local governments have "land use regulations or ordinances regulating or prohibiting the cultivation of Marijuana..." (health & safety code § 11362.777(c)(4).

(e)

To allow time for the city to consider, study and enact regulations for medical marijuana cultivation, processing, and distribution uses, it is necessary to temporarily suspend the approval of any and all use permit, variance, building permit, or any other entitlement or permit authorizing the establishment of marijuana cultivation uses, marijuana processing uses, and marijuana dispensaries as defined herein, as such uses may be in conflict with the development standards and implementation regulations that the city will ultimately impose after the city has considered and studied this issue, which shall be accomplished within a reasonable time.

(f)

A moratorium will provide the city with time to study marijuana cultivation uses, marijuana processing uses, and marijuana dispensaries and the potential impacts such land uses may have on the public health, safety and welfare.

(g)

Without the imposition of a temporary moratorium on the establishment of marijuana cultivation, processing, and dispensary uses as described herein, the city anticipates that one or more commercial cannabis cultivation centers may locate in the city before a non-urgency ordinance would become effective.

(h)

There is a current and immediate threat to the public health, safety and welfare of the city and its community, thereby necessitating the immediate enactment of this moratorium as an urgency chapter in order to ensure that permits for such facilities are established only under adequate regulations. Imposition of a moratorium will allow the city sufficient time to conclude the preparation of a comprehensive ordinance for the regulation of such activities.

(Ord. No. 2015-09, § 1, 12-15-2015)

Based on the foregoing recitals and findings which are all deemed true and correct, this interim chapter is urgently needed for the immediate preservation of the public health, safety, and welfare. This interim chapter shall take effect immediately upon adoption and shall be of no further force and effect forty-five days following the date of its adoption unless extended in accordance with the provisions set forth in government code section 65858.

(Ord. No. 2015-09, § 2, 12-15-2015)

For purposes of this chapter, the following definitions shall apply:

"Marijuana" means any or all parts of the plant Cannabis sativa L., whether growing or not; the seeds of that plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, including marijuana infused in foodstuff.

"Marijuana cultivation" means growing, planting, harvesting, or processing of marijuana.

"Marijuana processing" means any method used to prepare marijuana or its byproducts for commercial retail and/or wholesale, including but not limited to: drying, cleaning, curing, packaging, and extraction of active ingredients to create marijuana related products and concentrates.

"Marijuana dispensary" means any business, office, store, facility, location, retail "storefront" or wholesale component of any establishment, cooperative or collective that dispenses, distributes, exchanges, transmits, transports, sells or provides marijuana to any person for any reason, including members of any medical marijuana cooperative or collective consistent with the August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, as may be amended from time to time, that was issued by the office of the attorney general for the state of California, or for the purposes set forth in the state health and safety code section 11362.5 (Compassionate Use Act of 1996) or the state health and safety code sections 11362.7 to 11362.83 (Medical Marijuana Program Act).

"Marijuana processing" means any method used to prepare marijuana or its byproducts for commercial retail and/or wholesale, including but not limited to: drying, cleaning, curing, packaging, and extraction of active ingredients to create marijuana related products and concentrates

"Medical marijuana collective" or "cooperative or collective" means any group that is collectively or cooperatively cultivating and distributing marijuana for medical purposes that is organized in the manner set forth in the August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, as may be amended from time to time, that was issued by the office of the attorney general for the state or subject to the provisions of the state health and safety code section 11362.5 (Compassionate Use Act of 1996) or the state health and safety code sections 11362.7 to 11362.83 (Medical Marijuana Program Act).

(Ord. No. 2015-09, § 3, 12-15-2015)

For the period of this chapter or any extension thereof, marijuana cultivation, marijuana processing, and marijuana dispensaries, as defined herein, shall be considered prohibited uses in all non-residential zoning districts of the city. During the effective period of this chapter, no use permit, variance, building permit, or any other entitlement or permit, whether administrative or discretionary, shall be approved or issued for the establishment or operation of a marijuana cultivation use, marijuana processing use, or any medical marijuana dispensary as defined herein in any nonresidential zoning district, and no person shall otherwise establish such businesses or operations in any non-residential zoning district.

(Ord. No. 2015-09, § 4, 12-15-2015)

During the period of this chapter, and any extension thereof, the city council hereby directs the city staff to: (1) review and consider options for the regulation of marijuana cultivation, processing and dispensary uses in the city, including but not limited to the development of appropriate rules and regulations governing the location and operation of such uses; and (2) to issue a written report describing the measures which the city has taken to address the conditions which led to the adoption of this chapter with the city council ten days prior the expiration of this interim urgency chapter, or any extension thereof, and such report shall be made available to the public.

(Ord. No. 2015-09, § 5, 12-15-2015)

This interim urgency chapter is enacted pursuant to the authority conferred upon the city council of the city by government code section 65858, and therefore shall be in full force and effect immediately upon its adoption by a four-fifth; vote of the city council. This interim urgency chapter shall continue in effect for forty-five days from the date of its adoption and shall thereafter be of no further force and effect unless, after notice pursuant to government code section 65090 and a public hearing, the city council extends the interim urgency chapter for an additional period of time pursuant to government code section 65858. government code section 65858 further provides that such an urgency measure may be extended following compliance with that section for up to an additional twenty-two months and fifteen days beyond the original forty-five-day period.

(Ord. No. 2015-09, § 6, 12-15-2015)

The city council finds that this chapter is not subject to the California Environmental Quality Act ("CEQA") pursuant to CEQA guidelines sections 15060(c)(3) because this activity is not a project as defined by section 15378 of the CEQA guidelines, California code of regulations, title 14, chapter 3, and pursuant to CEQA guidelines section 15061(b)(3) because it can be seen with certainty that it will not have a significant effect or physical change to the environment.

(Ord. No. 2015-09, § 7, 12-15-2015)