Ordinance - 2265ORDINANCE NO. 2265
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA CALIFORNIA AMENDING THE CITY OF WEST COVINA
MUNICIPAL CODE TO PROHIBIT THE OPERATION AND
ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES
WHEREAS, the City of West Covina ("City") is a general law city, incorporated under
the laws of the State of California;
WHEREAS, pursuant to its police power, the City may enact and enforce laws within its
boundaries which promote the public health, morals, safety, or general welfare of the
community, and are not in conflict with general laws;
WHEREAS, comprehensive zoning regulations lie within the police power of the City;
WHEREAS, the possession, dispensing, cultivation, or transportation of marijuana is
generally a crime under California Law;
WHEREAS, in 1996 California voters approved Proposition 215, commonly referred to as
the Compassionate Use Act ("Act"), which enabled seriously ill patients to legally possess, use and
cultivate marijuana for medicinal purposed under state law; and
WHEREAS, in January 2004, SB 420, commonly known as the "Medical Marijuana
Program Act" ("MMP"), was enacted by the state legislature to clarify the scope of the Act and
to allow local jurisdictions to adopt and enforce rules and regulations consistent with the Act;
and
WHEREAS, in 2008, the California Attorney General published guidelines for the
Security and Non -Diversion of Marijuana Grown for Medical Use which, among other things,
suggested standards for the lawful operation of medical marijuana cooperatives and collectives;
and
WHEREAS, neither the Act, the MMP, nor subsequent legislative or Attorney General
Guidelines permit medical marijuana dispensaries to operate in the retail establishment manner
customarily seen in California cities; and
WHEREAS, notwithstanding California's efforts to decriminalize the provision of
marijuana for specified medicinal purposes, the Federal Controlled Substance Act classifies
marijuana as a Schedule I narcotic and Congress has concluded that marijuana does not have any
acceptable medical uses and under federal law the manufacture, distribution, or possession of
marijuana is a criminal offense (21 United States Code §§ 812, 841 and 844); and
WHEREAS, in the United State Supreme Court decision of Gonzales v. Raich, 125 S.
Ct. 2195, the Court held that there is no medical necessity exception under federal law to the
prohibition against the manufacture, distribution and possession of marijuana and that
notwithstanding the fact that it does not violate California law in some instances to manufacture,
distribute and possess marijuana for specified medicinal purposes, it still violates federal law and
federal law prevails over state law in the regulation of Schedule I narcotics; and.
WHEREAS, the City of Riverside v. Inland Empire Patients Health and Wellness Center
(2013) 56 Cal.4" 729, the California Supreme Court held that State law does not preempt a city's
land use regulatory authority and in particular, the authority to prohibit marijuana dispensaries;
and
Ordinance No. 2265
Page 2
WHEREAS, a conflict exists between California law, which provides that the
manufacture, distribution and possession of marijuana under certain circumstances for medicinal
purposes does not violate state law, and federal law, which prohibits the manufacture,
distribution, and possession of marijuana any circumstances; and
WHEREAS, cities that have medical marijuana dispensaries have witnessed a number of
significant adverse secondary effects from their operation as chronicled in detail by a report
prepared by the California Police Chiefs Association, dated April 22, 2009;
WHEREAS, marijuana dispensaries are linked to increases in crime, such as burglary,
drug dealing, armed robbery, and murder, as well as quality of life impacts such as loitering,
adverse traffic, and noise; and
WHEREAS, based on this experience it is reasonable to conclude that permitting
marijuana dispensaries could have similar negative effects on the public health, safety and
welfare to the residents and businesses in the City; and
WHEREAS, in furtherance of the public health, safety, and welfare of the residents and
business within the City, the City desires to prohibit the operation of medical marijuana
dispensaries within City limits.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA
DOES ORDAIN AS FOLLOWS:
SECTION NO. 1: The above recitals are true and correct and are incorporated herein as if
set forth herein in full.
SECTION NO. 2: Based on the evidence presented and the findings set forth, Code
Amendment No. 14-03 is, hereby found to be consistent with the West Covina General Plan and the
implementation thereof and that the public necessity, convenience, general welfare, and good
zoning practices require Code Amendment No. 14-03.
SECTION NO. 3: Based on the evidence presented and the findings set forth, the City
Council of the City of West Covina approves Code Amendment No. 14-03 to amend Chapter 26
(Zoning) of the West Covina Municipal Code to read as shown on Exhibit "A."
SECTION NO. 4: The City Council finds that adoption of this Ordinance is not subject
to the California Environmental Quality Act ("CEQA"), as it is an activity that will not result in a
direct or reasonably foreseeable indirect physical change in the environment. Even if it were a
project, it would be exempt under 14 Cal. Code Reg. section 15061(b)(3) (no possibility that the
activity may have a significant effect on the environment).
SECTION NO. 5: If any section, subsection, sentence, clause, phrase, or portion of this
Ordinance is for any reasons held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the invalidity of the remaining portions of
this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and
each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of
the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or
portions might subsequently be declared invalid or unconstitutional.
SECTION NO. 6: The City Clerk shall certify to the passage and adoption of this
Ordinance and shall cause this Ordinance to be published or posted as required by law, which
shall take full force and effect thirty (30) days from its adoption.
2
Ordinance No. 2265
Page 3
APPROVED AND ADOPTED on this 16th day of September 2014.
-�f �'' L=%
May ev erfert
ATTEST:
I, NICKOLAS S. LEWIS, CITY CLERK of the City of West Covina, California, do hereby
certify that the foregoing Ordinance was regularly introduced and placed upon its first reading at
a regular meeting of the City Council on the 2nd day of September 2014. That thereafter said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the 161h day
of September 2014 by the following vote:
AYES:
Sykes, Toma, Warshaw
NOES:
Spence
ABSENT:
Herfert
ABSTAIN:
None
Clerk Nickolas S. Lewis
APPROVED AS TO FORM:
City Attome Kimberly Hall Barlow
Ordinance No. 2265
Page 4
Exhibit A
Article XII of Chapter 26 of the West Covina Municipal Code is hereby amended by the addition
of Division 27, concerning "medical marijuana dispensaries", as follows:
DIVISION 27. MEDICAL MARIJUANA DISPENSARIES
See.26-685.9100. Definitions.
For purposes of this Division the following definitions shall apply:
(a) "Medical marijuana dispensary" means any association, business, facility, use,
establishment, location, cooperative, collective, or provider that possesses, cultivates,
distributes, makes available, provides, gives away, donates, or otherwise facilitates
the distribution of marijuana to or for more than three persons or to or for any
person who is not a qualified patient or primary caregiver.
(b) "Qualified patient" is a person who is entitled to the protections of the California
Health'and Safety Code section 11362.5, inclusive of a person with an identification
card as that term is defined in California Health and Safety Code section 22362.7.
(c) "Primary caregiver" is an individual, designated by a qualified patient or by a
person with an identification card, who has consistently assumed responsibility for
the housing, health, or safety of that patient or person as is further defined in
California Health and Safety Code section 11362.7.
(d) The term "marijuana transport dispensary" means any person or entity that
transports or offers to transport marijuana in any vehicle or by any other means. A
person who is transporting marijuana to a qualified patient for whom he or she is
the primary caregiver shall not be a "marijuana transport business".
Sec. 26-685.9200. Medical Mariivana Dispensaries — Prohibited.
Medical marijuana dispensaries are prohibited in the City of West Covina, and no medical
marijuana dispensary shall operate, locate, or otherwise be permitted or established within
the City, even if located within or associated with an otherwise permitted use, and neither
the City Council nor City Staff shall approve any use, interpretation, permit, license
certificate of occupancy, zoning code or general plan amendment allowing the operation
and/or establishment of a medical marijuana dispensary.
Sec. 26-685.9300. Additional Prohibitions
(a) No person shall own, operate, or manage a medical mariivana dispensary. No
person shall lease or offer to lease any facility or any location as a medical
marijuana dispensary. No person shall employ any person or be employed at a
medical marijuana dispensary, whether or not such employment is on a paid or
volunteer basis. .
(b) No person shall own, operate, or manage a marijuana transport dispensary. No
person shall lease or offer to lease any facility or any location as a marijuana
transport dispensary, or as a distribution center for any marijuana transport
dispensary. No person shall employ or be employed at a marijuana transport
Ordinance No. 2265
Page 5
business or a distribution center therefor, whether or not such employment is on a
paid or volunteer basis..
Sec. 26-685.9400. Penalties
(a) Public Nuisance — Any violation of this Division shall constitute a public nuisance
and may be abated in accordance with applicable laws, including but not limited to
Chapter 15, Article IX of the Municipal Code, or remediated by way of a criminal
proceeding, civil action, or abatement.
(b) Any person who violates this Division shall be guilty of a misdemeanor and be
punished in accordance with applicable laws, including but not limited to Section 1-
37 of this Code.
CERTIFICATION
I, Susan Rush, Assistant City Clerk of the City of West Covina, State of California, do
hereby certify that a true and accurate copy of Ordinance No. �Z2 45'
was duly enacted
and passed by the West Covina City Council, and caused to be posted pursuant to law (G.C.
36933), at the following locations:
West Covina City Clerk's Office (3rd floor)
Los Angeles County Public Library (West Covina Branch)
West Covina Police Department (front lobby)
Susan Rush, Assistant City Clerk
Posted: