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O 647 ORDINANCE NO. 647 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING SECTION 9.26.010 OF CHAPTER 26 OF TITLE 9 OF THE ARROYO GRANDE MUNICIPAL CODE DEFINING MEDICAL MARIJUANA DISPENSARIES WHEREAS, in 1996, the voters of the State of California ("State") approved Proposition 215, codified as Health and Safety Code sections 11362.5 et seq. and entitled "The Compassionate Use Act of 1996" (the "Compassionate Use Act"), which provides seriously ill Californians "the right to obtain and use marijuana for medical purposes" once a physician has deemed the use beneficial to the patient's health; and WHEREAS, in 2003, the State legislature enacted SB 420 to clarify the scope of the Compassionate Use Act and to allow cities to adopt and enforce rules and regulations consistent with the provisions of SB 420; and WHEREAS, the Federal Controlled Substance Act (the "Controlled Substance Act"), codified as 21 U.S.C. Section 801 et seq., makes it unlawful for any person to cultivate, manufacture, distribute or dispense or process with intent to manufacture, distribute or dispense marijuana; and WHEREAS, on May 27, 2008, the City council adopted Ordinance No. 599 prohibiting the establishment of medical marijuana dispensaries; and WHEREAS, in June of 2012, the San Luis Obispo County Grand Jury published a report entitled, "Out of Sight, Out of Mind: Medical Marijuana in San Luis Obispo County" ("Grand Jury Report"). The Grand Jury Report states, [u]nregulated mobile collective delivery services driving through our county and its communities with unknown sums of money and large quantities of medical marijuana invite potentially tragic consequences;" and WHEREAS, the Grand Jury Report recommends that the City develop an ordinance regarding medical marijuana mobile collective delivery services within its jurisdiction; and WHEREAS, the definition of "medical marijuana dispensary" contained in Ordinance No. 599 does not include mobile dispensaries; and WHEREAS, the City finds that it is in the best interest of the citizens of Arroyo Grande that the City Council amend its definition of "medical marijuana dispensary" to include mobile dispensaries. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Arroyo Grande, as follows: ORDINANCE NO. 647 PAGE 2 SECTION 1: The above recitals are true and correct and are incorporated herein by this reference. SECTION 2: Arroyo Grande Municipal Code Section 9.26.010, entitled "Definition," is hereby amended in its entirety to read as follows: "9.26.010 Definition. A "medical marijuana dispensary" is defined as any location or facility, including a mobile facility, where a primary caregiver makes available, sells, transmits, gives or otherwise provides medical marijuana, or cannabis, for medical purposes to two or more qualified patients or persons with an identification card in accordance with Health and Safety Code Section 11362.5 et. seq. A medical marijuana dispensary shall not include the following uses, as long as the location of such uses are otherwise regulated by this code or applicable law: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, a residential care facility for persons with chronic life- threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code, a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code, a residential hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code." SECTION 3: This Ordinance is consistent with protection of the public interest, health, safety and welfare of the City. This Ordinance is hereby found to be categorically exempt from environmental review pursuant to CEQA guidelines Section 15061(b)(3). SECTION 4: A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted in the office of the City Clerk. Within fifteen (15) days after passage of this Ordinance, it shall be published once, together with the names of the Council Members voting thereon, in a newspaper of general circulation within the City. SECTION 5: This Ordinance shall take effect and be in full force and effect thirty (30) days after its passage. SECTION 6: If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. ORDINANCE NO. 647 PAGE 3 On motion of Council Member Brown, seconded by Council Member Costello, and on the following roll call vote to wit: AYES: Council Members Brown, Costello, Guthrie, Ray, and Mayor Ferrara NOES: None ABSENT: None the foregoing Ordinance was adopted this 9th day of October 2012. ORDINANCE.NO. PAGE 4 I TONY FE , MAYOR ATTEST: KELLY W TM E CITY CLERK APPROVED AS TO CONTENT: 1 S VEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TI THY J. RMEL, CITY ATTORNEY OFFICIAL CERTIFICATION I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached is a true, full, and correct copy of Ordinance No. 647 which was introduced at a regular meeting of the City Council on September 25, 2012; was passed and adopted at a regular meeting of the City Council on the 9th day of October 2012; and was duly published in accordance with State law (G.C. 40806). WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 11th day of October 2012. • � /_ L KELLY E f ORE, CITY CLERK