HomeMy WebLinkAboutOrdinance 343A - extending moratorium on outdoor cultivation of marijuanaORDINANCE NO. 343A
URGENCY INTERIM ORDINANCE EXTENDING A TEMPORARY MORATORIUM
ON THE OUTDOOR CULTIVATION OF MARIJUANA IN THE CITY OF SARATOGA
FOR A PERIOD OF 22 MONTHS AND 15 DAYS TO OCTOBER 22, 2018 PENDING A
STUDY OF ZONING REGULATIONS THAT ARE NEEDED TO ALLEVIATE A
CURRENT AND ACTUAL THREAT TO THE PUBLIC HEALTH, SAFETY AND
WELFARE
The City Council of the City of Saratoga finds that
1 On November 8, 2016, California voters adopted the Control, Regulate and Tax Adult
Use of Manjuana Act ("AUMA", also known as Proposition 64) The AUMA legalized
under state law the possession, cultivation, and consumption of marihuana for persons 21
years of age or older It also established state laws to regulate marijuana cultivation,
distribution, sale, and use.
2 The AUMA allows personal cultivation of up to six marijuana plants inside a private
residence and outside on the grounds of a private residence. The AUMA expressly
anticipates the enactment of local legislation prohibiting personal outdoor cultivation by
stating that "a city, county, or city and county may completely prohibit persons from
[possessing, planting, cultivating, harvesting, drying, or processing living marijuana
plants] outdoors upon the grounds of a private residence " (H&S Code § 11362 2(b)(3)).
3 In anticipation of the passage of the AUMA, the City Council adopted Ordinance No 343
on November 2, 2016, which imposed a 45 -day ban on the outdoor cultivation of
marijuana pursuant to Government Code section 65858(b) That Ordinance will expire on
December 17, 2016
4. Government Code section 65858(d) provides that prior to the expiration of Ordinance
No 343, the City Council must issue a written report describing the measures being taken
by the City to alleviate the circumstances and conditions which led to the adoption of that
Ordinance ("Written Report").
5 Government Code section 65858(b) provides that the City Council may extend Ordinance
No. 343 for up to an additional twenty-two (22) months and fifteen (15) days
6 As described in the Wntten Report, the circumstances and conditions that led to the
adoption of Ordinance No 343 have not been alleviated as of the date of this Ordinance
and continue to create the concerns described in Ordinance No 343, which are fully
incorporated herein by this reference
7 The purpose and necessity of extending Ordinance No 343 is to avoid the potentially
significant adverse impacts to the public's health, safety, and welfare described in
Ordinance No 343.
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8. Notice of the public hearing for this Ordinance was published pursuant to Government
Code section 65090 and the City Council held a public hearing on December 7, 2016 at
which all interested parties had an opportunity to be heard
Therefore, the City Council of the City of Saratoga hereby ordains as follows
Section 1. Written Report
The City Council issues the written report attached as Attachment A to the staff report for this
Ordinance describing the measures and actions taken by the City to alleviate the circumstances
and conditions which led to the adoption of Ordinance No 343, as required by Government
Codec section 65858(d)
Section 2. Urgency Interim Ordinance Extension
The prohibition on the outdoor cultivation of marijuana in all zoning districts established by
Ordinance No. 343 is hereby extended as provided in Sections 3 and 4 below
Section 3. Prohibition
The outdoor cultivation of marijuana is prohibited in all zoning distracts within the City of
Saratoga.
For purposes of this Ordinance:
(a) "marijuana" shall have the same meaning as set forth in Health and Safety Code section
10018, and shall be interpreted broadly to include the definitions of "cannabis" and "medical
cannabis" set forth m Business and Professions Code section 19300.5 subdivisions (f) and (af);
(b) "cultivation" shall have the same meaning as "cultivation" set forth m Business and
Professions Code section 19300.5(k),
(c) "outdoor" shall mean any location within the City of Saratoga that is not within a fully
enclosed and secure structure; and
(d) "fully enclosed and secure structure" shall mean a fully -enclosed space within a building that
complies with Chapter 16 of the Saratoga Municipal Code, or if not subject to that Chapter, that
has a complete roof and a foundation, slab or equivalent base to which the floor is secured and
that is secure against unauthonzed entry and accessible only through one or more lockable doors
Walls, doors, windows, and roofs must be constructed of solid and firm material such as wood,
metal, or, in the case of windows, glass. Plastic sheeting or similar products do not satisfy this
requirement
Section 4. Enforcement
(a) Violations of this Ordinance are hereby declared to be public nuisances and determined to be
an immediate hazard to the public health, safety or welfare for purposes of Article 3-20
(Emergency Nuisance Abatement Procedure) of the Saratoga Municipal Code
• (b) In addition to other remedies provided by the Saratoga Municipal Code or by other law, any
violation of this Ordinance may be remedied by a civil action brought by the City Attorney,
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including, but not limited to, administrative or judicial nuisance abatement proceedings, civil
code enforcement proceedings, unfair business practice proceedings under Business &
Professions Code Section 17200 et seq , and suits for injunctive relief. The remedies provided by
this Section are cumulative and in addition to any other remedies available at law or in equity
(c) Notwithstanding any other provision of the Saratoga Municipal Code, including Article 3-05
(Criminal Enforcement) and Article 15-95-030 (regarding misdemeanors and infractions), a
qualified patient, person with a valid identification card, or primary caregiver, as those terms are
defined in the Compassionate Use Act and the Medical Marijuana Program Act, California
Health and Safety Code sections 1111362.5 and 11362.7 et seq , shall not be subject to cnminal
liability under California Health and Safety Code section 11570 or any criminal abatement
actions or complaints for outdoor cultivation of medical cannabis as that term is defined m
Business and Professions Code section 19300 5(af) Any qualified patient, person with a valid
identification card, or pnmary caregiver engaged in outdoor cultivation of medical cannabis in
violation of this Section shall be subject to all other compliance actions set forth in this Section,
code enforcement actions set forth in Chapter 3 of the Saratoga Municipal Code, and legal
proceedings authorized in Section 15-95 020 of the Saratoga Municipal Code Nothing in this
Section shall prevent the criminal enforcement of other violations of this Ordinance, the Saratoga
Municipal Code, or state law.
Section 5. Second Written Report
The City Manager, Community Development Department, and City Attorney's office shall (1)
review and consider options for the regulation of marijuana cultivation in the City and (2)
pursuant to Government Code section 65858, file a second written report descnbmg the
measures that the City has taken to address the conditions wluch led to the adoption of this
Ordinance with the City Council within 10 days prior to the expiration of this mtenm urgency
ordinance.
Section 6. Severance Clause
The City Council declares that each section, sub -section, paragraph, sub -paragraph, sentence,
clause and phrase of this ordinance is severable and independent of every other section, sub-
section, paragraph, sub -paragraph, sentence, clause and phrase of this ordinance. If any section,
sub -section, paragraph, sub -paragraph, sentence, clause or phrase of this ordinance is held
invalid, the City Council declares that it would have adopted the remaining provisions of thus
ordinance irrespective of the portion held invalid, and further declares its express intent that the
remaining portions of this ordinance should remain in effect after the invalid portion has been
eliminated
Section 7. Effective Date
This Ordinance is an interim urgency ordinance that shall take effect immediately upon its
adoption by a four-fifths (4/5) vote of the City Council. This Ordinance shall continue in effect
for twenty-two months (22) and fifteen (15) days from the date of its adoption and shall
thereafter be of no further force and effect
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Section 8. California Environmental Quality Act
The City Council finds that this Ordinance is not subject to the California Environmental Quality
Act ("CEQA") pursuant to CEQA Guidelines (Title 14 of the California Code of Regulations)
Sections 15060(c)(2) (the activity will not result m a direct or reasonably foreseeable indirect
physical change in the environment) and 15060(c)(3) (the activity is not a project as defined m
Section 15378) because it has no potential for resulting in physical change in the environment,
directly or indirectly, it prevents changes in the environment Further, tlus action is exempt from
CEQA under CEQA Guidelines section 15061(b)(3) (the amendments are exempt because it can
be seen with certainty that there is no possibility that the activity in question may have a
significant effect on the environment)
Section 9. Publication
A summary of this ordinance shall be published in a newspaper of general circulation of the City
of Saratoga within fifteen days after its adoption
Following a duly noticed public hearing the foregoing urgency ordinance was adopted by the
following vote on December 7, 2016
COUNCIL MEMBERS
AYES Mayor E Manny Cappello, Vice Mayor Emily Lo, Council Member Mary -
Lynne• Bernald, Howard A. Miller, Rishi Kumar
NOES• None
ABSENT None
ABSTAIN None
GNED•
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E. anny Cappello
MAYOR, CITY OF SARATOGA, CALIFORNIA
Dc G ix'� BVP, fT DATE1 /2.1/ z/) b
Crystal Botheho, CITY CLERK awl 66.4k_
APPROVED AS TO FORM
Richard Taylor, CITY ATTORNEY
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s45811.2
DATE.
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