HomeMy WebLinkAboutCC ORD 2016-2409 Add Section 18.30.345 Prohibit Cultivation of MarijuanaORDINANCE NO. 2016 — 2409
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
ADDING SECTION 18.30.345 OF THE NATIONAL CITY MUNICIPAL CODE
TO PROHIBIT CULTIVATION OF MARIJUANA
WHEREAS, in 2012, the City Council adopted Ordinance 2012-2372 to prohibit
medical marijuana dispensaries in the City as codified in National City Municipal Code Section
18.30.340; and
WHEREAS, on October 9, 2015, Governor Brown approved the Medical
Marijuana Regulation and Safety Act ("The Act"), which establishes comprehensive, statewide
licensure and regulations for commercial medical marijuana activity that respect local control,
protect patients, promote public safety, and preserve the environment; and
WHEREAS, the Act is comprised of three separate bills: Senate Bill 643
(McGuire), Assembly Bill 266 (Bonta, Cooley, Lackey and Jones -Sawyer), and Assembly Bill
243 (Wood). Only AB 243 and AB 266 affect local regulations. In general, AB 243 relates to
medical marijuana cultivation; and, AB 266 relates to deliveries and mobile dispensaries; and
WHEREAS, the City's Land Use Code does not specifically regulate or prohibit
the cultivation of medical marijuana; however, the City's Land Use Code is a "permissive
zoning" code. This means that uses not expressly permitted are prohibited. Accordingly,
cultivation is not currently allowed in National City as it is not specifically permitted by the Land
Use Code; and
WHEREAS, in order to ensure clarity in the light of recent enactment of The Act,
and to affirmatively retain local land use control on this issue, the Land Use Code should be
updated to be specific as to the prohibition or regulation of cultivation; and
WHEREAS, the City does not cede its authority to regulate or prohibit the
cultivation of medical marijuana to the State.
NOW THEREFORE, the City Council of the City of National City does ordain as
follows:
Section 1. Section 18.30.345 of the National City Municipal Code is hereby added to
read as follows:
18.30.345 Medical Marijuana Cultivation.
A. Prohibition
1. Cultivation of marijuana for medicinal purposes is prohibited.
2. Cultivation of marijuana is prohibited regardless of purpose.
B. Definitions. For the purpose of this Section the following definitions shall apply:
1. Cultivation of marijuana shall mean the planting, growing, cultivating,
harvesting, drying, or processing of marijuana.
2. For purposes of this section, "marijuana" shall have the same meaning as
the definition of that word in Section 11018 of the California Health and Safety Code.
Section 2. The proposed amendment is exempt from the California Environmental
Quality Act ("CEQA") under section 15061(b)(3) — general rule; the project is not considered a
project under CEQA as there is no possibility that the activity in question may have a significant
impact on the environment; cultivation is currently not a permitted use and this Code
Amendment affirms that marijuana cultivation is prohibited.
Section 3. EFFECTIVE DATE. This Ordinance shall be effective thirty (30) days after
its adoption. Within fifteen (15) days after its adoption, the City Clerk of the City of National City
shall cause this Ordinance to be published pursuant to the provisions of Government Code
Section
PASSED and ADOPTED this 19th day of January,
on orrison, Mayor
ATTEST:
Michael R. Dalla, ity Clerk
A i PROVED AS TO FORM:
18..).,Pi
1 I , 14
CI'*':'ia G. Silva
City Attorney
Ordinance No. 2016-2409 2 Marijuana Cultivation Prohibited
Adding NCMC Section 18.30.345
Passed and adopted by the Council of the City of National City, California, on January
19, 2016 by the following vote, to -wit:
Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
By:
RON MORRISON
Mayor of the City of National City, California
""jj
City CI rk of the City of Nh
tional City, California
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven
calendar days had elapsed between the day of its introduction and the day of its final
passage, to wit. on January 5, 2016 and on January 19, 2016.
I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or
that the reading of said ordinance in full was dispensed with by a vote of not less than a
majority of the members elected to the Council and that there was available for the
consideration of each member of the Council and the public prior to the day of its
passage a written or printed copy of said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 2016-2409 of the City Council of the City of National City, passed
and adopted by the Council of said City on January 19, 2016.
By:
City Clerk of the City of National City, California
Deputy