ORDINANCE (Next in Line)

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1 ORDINANCE (Next in Line) AN ORDINANCE OF THE CITY OF SAN RAMON AMENDING TITLE B, DIVISION B10 OF THE SAN RAMON MUNICIPAL CODE TO EXPRESSLY PROHIBIT MEDICAL MARIJUANA DISPENSARIES, ALL MEDICAL AND NONMEDICAL MARIJUANA CULTIVATION, MARIJUANA DELIVERY, AND COMMERCIAL MARIJUANA ACTIVITIES WITHIN THE CITY EXCEPT FOR INDOOR CULTIVATION OF MARIJUANA AS EXPLICITLY ALLOWED UNDER STATE LAW THE CITY COUNCIL OF THE CITY OF SAN RAMON DOES ORDAIN as follows: SECTION 1: TITLE B, DIVISION B10 of the City of San Ramon s Municipal Code is hereby amended and shall read as follows: DIVISION B10 - MARIJUANA REGULATIONS Chapter I. - Definitions B Definitions. For purposes of this division, the following definitions shall apply: A. Accessory structure shall mean a fully enclosed and secure structure located on the same parcel of land as a private residence. B. Commercial medical marijuana activity shall mean any activity licensed pursuant to California Business and Professions Code Section et seq., as amended, including but not limited to medical marijuana cultivation, processing, storing, testing, manufacturing, labeling, transporting, distribution and sale. C. Commercial nonmedical marijuana activity shall mean any activity licensed pursuant to Business and Professions Code Section et seq., as amended, including but not limited to nonmedical marijuana cultivation, processing, storing, testing, manufacturing, labeling, transporting, distribution, sale, retailing, and operation of a microbusiness. D. Fully enclosed and secure structure means a space within a building that complies with the applicable building code, and has a complete roof enclosure supported by connecting walls extending from the ground to the roof, a foundation, slab or equivalent base to which the floor is secured by bolts or similar attachments, is secure against unauthorized entry, and is accessible only through one (1) or more lockable doors. Walls and roof must be constructed of solid materials that cannot be easily broken through, and must be constructed with nontransparent material. E. Indoor shall mean inside of an accessory structure or inside a private residence. F. Marijuana shall have the same meaning as set forth in California Health and Safety Code Section 11018, as amended. Marijuana, as used in this division, shall mean to include cannabis, as defined in California Business and Professions Code Section (f), as amended.

2 G. Marijuana accessories shall have the same meaning as set forth in California Health and Safety Code Section , as amended. H. Marijuana cultivation shall mean any activity, whether indoor or outdoor, involving the planting, growing, harvesting, drying, curing, grading, trimming or processing of marijuana plants or any part thereof, cannabis or any part thereof, and any and all associated business and/or operational activities. I. Marijuana delivery means the commercial delivery, transfer or transport; or arranging for the delivery, transfer or transport; or the use of any technology platform to arrange for or facilitate the commercial delivery, transfer or transport of marijuana, any marijuana products or marijuana accessories to or from any location within the jurisdictional limits of the City of San Ramon, and any and all associated business or operational activities. J. Marijuana products shall have the same meaning as set forth in California Health and Safety Code Section , as amended. K. Medical marijuana shall mean marijuana in compliance with California Health and Safety Code Section et seq., as well as marijuana products, as defined in this division; and medical cannabis, medical cannabis products, cannabis products, cannabis and cannabis concentrate as defined by California Business and Professions Code Section , as amended. L. Medical marijuana dispensary means and includes: 1. Any facility, building, structure or location, whether fixed or mobile, where medical marijuana, medical cannabis, medical cannabis products, or devices for the use of medical cannabis or medical cannabis products are offered, provided, made available, sold, transmitted, delivered, given or otherwise distributed to one or more of the following: a qualified patient, a person with an identification card, or a primary caregiver in strict accordance with California Health and Safety Code Sections et seq.; 2. Any facility, building, structure or location, whether fixed or mobile, where qualified patients or persons with identification cards, or primary caregivers meet or congregate to distribute marijuana, cannabis or cannabis products for medical purposes; or 3. Any not-for-profit site, facility, building, structure or location, whether fixed or mobile, where two or more qualified patients and/or persons with an identification card associate meet or congregate in order collectively or cooperatively, to distribute, sell, dispense, transmit, process, deliver, exchange or give away marijuana, cannabis or cannabis products for medicinal purposes pursuant to California Health and Safety Code Sections et seq. 4. A medical marijuana dispensary shall not include the following uses, so long as such uses comply with this code, California Health and Safety Code Sections et seq., as amended, and any other applicable laws: a. A clinic licensed pursuant to Chapter 1 of Division 2 of the California Health and Safety Code, as amended;

3 b. A healthcare facility licensed pursuant to Chapter 2 of Division 2 of the California Health and Safety Code, as amended; c. A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the California Health and Safety Code, as amended; d. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the California Health and Safety Code, as amended; e. A residential hospice, or a home health agency, licensed pursuant to Chapter 8 of Division 2 of the California Health and Safety Code, as amended. M. Nonmedical marijuana means marijuana, as defined in this division, which is intended to be used for nonmedical purposes pursuant to California Health and Safety Code Section et seq., as amended. N. Outdoor shall mean any location within the city that is not inside a private residence or inside an accessory structure. O. Person means any individual, partnership, co-partnership, firm, association, joint venture, joint stock company, corporation, limited liability corporation, estate, trust, business trust, receiver, syndicate, collective, cooperative, or any other group or combination thereof in whatever form or character. P. Person with an identification card shall have the meaning given that term by California Health and Safety Code Section (c), as amended. Q. Primary caregiver shall have the meaning given that term by California Health and Safety Code Section (d), as amended. R. Private residence shall have the same meaning as set forth in California Health and Safety Code Section (b)(5), as amended. S. Qualified patient shall have the meaning given that term by California Health and Safety Code Section (f), as amended. T. "Structure" means anything constructed or erected which is supported directly or indirectly on the earth but not including any vehicle. U. Vehicle means a device by which any person or property may be propelled, moved, or drawn upon a street, sidewalk, or waterway, including but not limited to a device moved exclusively by human power. Chapter II.- Prohibited Uses or Activities B Medical Marijuana Dispensary as a Prohibited Use or Activity. A. Medical marijuana dispensary, as defined in this division, is prohibited in the city. No person or entity shall operate, locate or otherwise permit or suffer a medical marijuana dispensary within the city. No conditional or land use permit, variance, license or other entitlement shall be issued for the establishment of a medical marijuana dispensary. B. The prohibition includes, without limitation, renting, leasing, or otherwise permitting a medical marijuana dispensary to occupy or use a location, building, structure or vehicle.

4 B Cultivation of Marijuana as a Prohibited Use or Activity. A. Except as provided in Section B10-6 of this division, marijuana cultivation, as defined in this division, is prohibited in the city. No person or entity, including clinics, collectives, cooperatives and dispensaries, shall establish, engage in or otherwise permit any type of marijuana cultivation activity. No conditional or land use permit, variance, license or other entitlement shall be issued for the establishment of marijuana cultivation. B. Nothing in this division is intended to, nor shall it be construed to, make legal any marijuana cultivation activity that is otherwise prohibited under California law. C. Nothing in this division is intended to, nor shall it be construed to, preclude any landlord from limiting or prohibiting marijuana cultivation by its tenants. B Delivery of Marijuana as a Prohibited Use or Activity. A. Marijuana delivery, as defined in this division, is prohibited in the city. No person or entity, including, but not limited to, clinics, collectives, cooperatives and dispensaries, shall establish, engage in or otherwise permit any type of marijuana delivery activity within the city s jurisdictional limits. No conditional or land use permit, variance, license or other entitlement shall be issued for the establishment of marijuana delivery. B. Nothing in this division is intended to, nor shall it be construed to, make legal any marijuana delivery activity that is otherwise prohibited under California law. B Commercial Marijuana Operation as a Prohibited Use or Activity. In addition to all other prohibitions in this division, commercial medical and nonmedical marijuana activities of all types shall not be operated or permitted in or upon any premises in the city. No conditional or land use permit, variance, license or other entitlement shall be issued for the establishment of commercial medical or nonmedical marijuana activity. Chapter III. - Allowed Uses or Activities B Indoor Cultivation of Marijuana for Personal Use-Standards A person age 21 or older may cultivate and possess no more than six (6) living marijuana plants inside a private residence or inside an accessory structure at any one time, so long as all of the following minimum standards are met: A. The individual cultivator resides full time at the property where the cultivation occurs and that property is the cultivator s primary residence should they own or rent more than one residence within the city s jurisdictional limits.

5 B. The primary use of the property shall be as a residence. Marijuana cultivation is prohibited as a home occupation. C. All areas used for marijuana cultivation shall be within a fully enclosed and secure structure, as defined in this division; and shall comply with all divisions of Titles C (Construction, Development and Land Use) and D (Zoning), as amended, as well as applicable State law. D. Indoor grow lights shall not exceed one thousand (1,000) watts per light, and shall comply with the California Building, Electrical and Fire Codes as adopted by the city. E. The use of gas products (CO 2, butane, propane, natural gas, etc.) or generators for cultivation of marijuana is prohibited. F. Any private residence or accessory structure used for the cultivation of marijuana must have a ventilation and filtration system installed that shall prevent marijuana plant odors from exiting the interior of the structure and that system shall comply with all divisions of Title C (Construction, Development and Land Use), as amended. G. Any accessory structure used for the cultivation of marijuana shall be located in the rear yard area of the property and shall comply with otherwise applicable setbacks for accessory structures found in Title D (Zoning), as amended. The yard in which the accessory structure is located shall be enclosed by a solid fence at least six (6) feet in height and in compliance with the regulations found in Title D, as amended. This provision shall not apply to cultivation occurring in a garage provided that the parking requirements stated in Title D, Section D3-28(D), Table 3-8, as amended, can be maintained. H. A functional mechanical locking or electronic security systems must be installed on the private residence or accessory structure where the cultivation is occurring prior to the commencement of cultivation, and be in operation during cultivation. I. Marijuana cultivation shall be limited to six living marijuana plants per private residence, regardless of whether the marijuana is cultivated inside the residence or an accessory structure. The limit of six plants per private residence shall apply regardless of how many individuals reside at the property. J. The private residence shall remain at all times a residence, with legal and functioning cooking, sleeping and sanitation facilities with proper ingress and egress. These rooms shall not be used for marijuana cultivation where such cultivation will prevent their primary use for cooking of meals, sleeping and bathing. K. Cultivation of marijuana shall only take place on impervious surfaces.

6 L. The marijuana cultivation occurring on the parcel shall not be visible by normal unaided vision from any public place, including but not limited to the public right-ofway. M. Any area within the private residence or accessory structure in which marijuana cultivation is occurring shall not be accessible to persons under twenty-one (21) years of age. N. If a tenant or a renter, written consent of the property owner to cultivate marijuana within the private residence or accessory structure shall be obtained and kept on the premises, and shall be available for inspection by the Chief of Police, the Chief Building Official or his/her designee. O. A portable fire extinguisher, that complies with all applicable regulations and standards adopted by the State Fire Marshal and applicable law, shall be kept in the accessory structure being used for marijuana cultivation. If marijuana cultivation occurs in the private residence, the portable fire extinguisher shall be kept in the same room as where the cultivation occurs. Chapter IV. - Violations and Penalties B Violation-Penalties. A. Misdemeanor. Any person found to be in violation of this division shall be guilty of a Misdemeanor pursuant to Section A1-32(B) of this Code. B. Civil Penalties. In addition to any other remedy available to the city, this division may be enforced pursuant to the administrative citation provisions of this Code. C. Declaration of Public Nuisance. Any marijuana dispensary, cultivation, delivery or commercial marijuana activity that takes place in violation of any provisions of this division is unlawful, and is hereby declared a public nuisance. B10-8-B Reserved. SECTION 3. CEQA The City Council finds that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines in that the activity has no potential for resulting in a direct or reasonably foreseeable indirect physical change to the environment.

7 SECTION 4. SEVERABILITY If any part of this ordinance is held invalid for any reason by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this ordinance, and the City Council hereby declares that it would have passed the remainder of the ordinance if such invalid portion thereof had been deleted. SECTION 5: EFFECTIVE DATE This ordinance shall take effect thirty (30) days from the date of its passage. Before the expiration of fifteen (15) days after its passage, this ordinance shall be posted in three (3) places within the City of San Ramon along with the names of the members of the City Council voting for and against the same. The foregoing ordinance was introduced at the meeting of the City Council of the City of San Ramon on April 11, 2017 and after public hearing, was adopted on April 25, 2017 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Bill Clarkson, Mayor Renée Beck, City Clerk

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