PC Reso #6841
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6841
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING THAT THE CITY COUNCIL ADOPT THE PROPOSED
ORDINANCE ADDING CHAPTER 10.84 TITLED ``MEDICINAL AND
ADULT USE OF MARIJUANA” TO TITLE 10 OF THE CUPERTINO
MUNICIPAL CODE; AMENDING SECTION 19.08.030 TO REPEAL
DEFINITIONS RELATED TO MARIJUANA; AND AMENDING
CHAPTER 19.98 TO REFERENCE THE NEWLY ADOPTED ORDINANCE
The Planning Commission having heard this matter on November 14, 2017 during a
regularly noticed public hearing, and after hearing from the public and considering staff’s
recommendations;
NOW, THEREFORE, t he Planning Commission recommends adoption of the proposed
Ordinance in substantially the form as shown in Exhibit “A” attached hereto, with two
proposed changes:
1. Allow deliveries of medicinal marijuana only while prohibiting deliveries of
recreational marijuana; AND
2. Have staff present options to the City Council for consideration of a registration
program for in-door cultivation participants to enable the City to regulate and inspect
sites where marijuana for personal use is cultivated indoors.
th
PASSED AND ADOPTED this 14 day of November 2017, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES: COMMISSIONERS: Vice Chair Paulsen, Liu, Fung, Takahashi
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Chair Sun
ATTEST: APPROVED:
/s/ Benjamin Fu /s/Geoffrey Paulsen
Benjamin Fu Geoffrey Paulsen
Assist. Director of Community Development Vice Chair, Planning Commission
EXHIBIT A
ORDINANCE NO. ______________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ADDING CHAPTER 10.84 TITLED ``MEDICINAL AND ADULT USE OF
MARIJUANA” TO TITLE 10 OF THE CUPERTINO MUNICIPAL CODE;
AMENDING SECTION 19.08.030 TO REPEAL DEFINITIONS RELATED TO
MARIJUANA; AND AMENDING CHAPTER 19.98 TO REFERENCE THE NEWLY
ADOPTED ORDINANCE
WHEREAS, in 1970, Congress enacted the Controlled Substances Act (CSA)
which, among other things, makes it illegal to import, manufacture, distribute, possess or
use marijuana in the United States.; and
WHEREAS, under the Federal Controlled Substances Act, 21 U.S.C. § 801 et seq.,
the use, possession, and cultivation of marijuana for both medical and recreational uses
are currently unlawful and subject to federal prosecution; and
WHEREAS, in 1972, California added Chapter 6 to the state Uniform Controlled
Substances Act, commencing at Health and Safety Code section 11350, which established
the state’s prohibition, penalties, and punishments for the possession, cultivation,
transportation, and distribution of marijuana; and
WHEREAS, in 1996, California voters approved Proposition 215 ("CUA"), codified
in Health and Safety Code Section 11362.5 et seq., which created a limited exception from
criminal liability for seriously ill persons who need marijuana for medical purposes. In
January 2004, the state Legislature enacted the "Medical Marijuana Program" (MMP),
Health and Safety Code sections 11362.7 to 11362.83, to clarify the scope of the CUA,
establish a voluntary program for identification cards issued by counties for qualified
patients and primary caregivers, and provide criminal immunity to qualified patients
and primary caregivers for certain activities involving medical marijuana, including the
collective or cooperative cultivation of medical marijuana; and
WHEREAS, in January 2016, the legislature passed AB 266, AB 243, and SB 643,
collectively known as the Medical Cannabis Regulation and Safety Act ("MCRSA"), which
govern cultivation, processing, transporting, testing, and distribution of medical
marijuana to qualified patients. MCRSA expressly preserves local control over medical
marijuana facilities and land uses, including the authority to prohibit all medical
marijuana businesses and cultivation completely, newly-added Health & Safety Code
section 11362.777(c)(4) provides that if a city does not have a land use regulation or
ordinance regulating or prohibiting marijuana cultivation, either expressly or otherwise
under principles of permissive zoning, or chooses not to administer a conditional permit
program under that section, then commencing March 1, 2016, the state Department of
Food and Agriculture will become the sole licensing authority for marijuana cultivation
in that jurisdiction; and
WHEREAS, on February 2, 2016, the City Council adopted Ordinance Number 16-
2140, clarifying the City of Cupertino’s longstanding prohibition on cultivation,
distribution, sale, and delivery of medical marijuana in the City to ensure that the City
maintained local control of these issues after passage of the MCRSA; and
WHEREAS, California voters on November 8, 2016 approved the Control,
Regulate and Tax Adult Use of Marijuana Act ("the AUMA"), which legalizes possession,
use, and cultivation of non-medical marijuana for adults. Under this law, cities retained
local control to prohibit or regulate adult-use marijuana through local ordinances, zoning
and land use requirements, and the state will not issue a state license in violation of local
laws; and
WHEREAS, while medical marijuana cultivation and all commercial medical
marijuana uses are prohibited under the City's current zoning regulations, the Cupertino
Municipal Code does not address cultivation and delivery of non-medical marijuana
within its jurisdiction; moreover, the prohibition against transportation of marijuana
through City of Cupertino is not consistent with AUMA; and
WHEREAS, SB 94, the Medicinal and Adult-Use Cannabis Regulation and Safety
Act (the “MAUCRSA,”) signed into law in June 2017, made significant changes to
California’s commercial cannabis regulatory structure. SB 94 in effect repealed the
MCRSA (medical marijuana regulations) and incorporated some of its provisions into the
licensing provisions of AUMA. MAUCRSA effectively set up a new hybrid regulatory
structure and created more operator-friendly standards than under MCRSA;
WHEREAS, many California communities that have legalized recreational or
medical marijuana uses have experienced and reported adverse impacts and negative
secondary effects from marijuana establishments, cultivation sites, processing and
distribution activities including hazardous construction, unsafe electrical wiring, noxious
odors and fumes affecting neighboring properties and businesses, illegal sales and
distribution of marijuana, trespassing, theft, violent robberies and robbery attempts, fire
hazards, and problems associated with mold, fungus, and pests, and the diversion of
medical marijuana to minors; and
WHEREAS, the Santa Clara County District Attorney’s Office issued a May 2014
memorandum entitled “Issues Surrounding Marijuana in Santa Clara County,” which
outlined many of the negative secondary effects resulting from marijuana cultivation; a
copy of this memorandum is attached to the staff report presented to the City Council
with this ordinance and on file with the City Clerk; and
WHEREAS, it is reasonable to conclude that medical marijuana dispensaries,
marijuana cultivation facilities, commercial cannabis activities, including marijuana
processing could cause similar adverse impacts on the public health, safety, and welfare
in Cupertino; and
WHEREAS, marijuana plants produce a strong odor, offensive to many people,
that may be detectable far beyond property boundaries if grown outdoors. This condition
also creates an attractive nuisance, by alerting persons to the location of the plants, and
creating a risk of burglary, robbery or armed robbery; and
WHEREAS, when marijuana is grown and/or processed indoors, growing and
processing equipment can have the potential to cause harm to persons or property by
creating fire hazards. Many cities in the state have reported or responded to fires resulting
from marijuana activity. Indoor cultivation operations are frequently unattended and
utilize high wattage grow lamps, generators, or other equipment, or may be illegally
wired to allow such equipment to function. This excessive energy use can overload
electrical systems and cause fires; and
WHEREAS, state marijuana laws do not confer a land use right or the right to
create or maintain a public nuisance. However, under MAUCRSA the city must adopt an
ordinance establishing laws and regulations on marijuana facilities and activities
otherwise the State may become the licensing authority. The MAUCRSA also requires
delivery services to be expressly prohibited by local ordinance, if the City desires to
prohibit delivery. Similarly, the cities have explicit authority to adopt and enforce local
ordinances, including zoning and land use requirements, to regulate marijuana
businesses or to completely prohibit the establishment or operation of such businesses
within the city’s jurisdiction. No State license will be approved for a business that violates
local ordinances; and
WHEREAS, the City Council desires to update the marijuana regulations in the
Cupertino Municipal Code to maintain the City’s existing prohibition on commercial
marijuana activities, and expressly make clear, in light of passage of the AUMA, that all
such uses (whether medical or recreational) continue to be prohibited in all zones
throughout the City, preserve local control over such uses, and protect the public from
the health and safety risks described above; and
WHEREAS, the City Council has determined that express Municipal Code
provision regarding medical marijuana dispensaries, marijuana cultivation facilities, and
commercial cannabis activities will benefit the public by providing clear guidelines
regarding the scope of prohibited conduct and minimize the potential for confusion
regarding the City’s policies, and
WHEREAS, the Planning Commission held a duly noticed public hearing on
November 14, 2017, at which time it considered all evidence presented, both written and
oral, and at the end of the hearing recommended that the Council adopt the
recommended changes to the City’s zoning code; and
WHEREAS, the City Council held a duly noticed public hearing on this ordinance
on December 21, 2017, at which time it considered all evidence presented, both written
and oral;
WHEREAS, the City Council of the City of Cupertino is the decision-making body
for this Ordinance; and
WHEREAS, in order to protect the public health, safety, and welfare of Cupertino
residents and to minimize the negative impacts from commercial marijuana activities,
including the personal cultivation of marijuana, the City Council desires to add
Cupertino Municipal Code Chapter 10.84 and to amend Chapters 19.08 and 19.98 to
prohibit, in express terms, most commercial cannabis activities including medical
marijuana dispensaries, commercial cultivation of marijuana and outdoor cultivation of
marijuana for personal use and to regulate deliveries, transportation, and indoor
cultivation of marijuana for personal use; and
WHEREAS, the City has analyzed the actions taken with this proposed Ordinance
and determined that it is not a project within the meaning of section 15378 of the
California Environmental Quality Act (“CEQA”) Guidelines because it has no potential
for resulting in physical change in the environment, either directly or indirectly; and
WHEREAS, in the event that the actions taken with this proposed Ordinance are
found to be a project under CEQA, it is subject to the CEQA exemption contained in
CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no
possibility of a significant effect on the environment; and
WHEREAS, deletions are shown with strike-throughs and additions are
underlined to make it easier for the Council and the public to follow the legislative
changes;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 10.48, Medicinal and Adult Use of Marijuana, is adopted and
established in Title 10, Public Peace, Safety and Morals, of the Cupertino Municipal Code
to read as follows:
CHAPTER 10.84: MEDICINAL AND ADULT USE OF MARIJUANA
Section
10.84.010 Purpose.
10.84.020 Definitions.
10.84.030 Commercial Marijuana Activities Prohibited.
10.84.040 Possession, Delivery, Distribution, and Indoor Cultivation of Marijuana.
10.84.050 Enforcement, Remedies and Declaration of Public Nuisance.
10.84.010 Purpose.
The purpose of this Chapter is for the City Council to exercise its police and regulatory
powers derived from Section 7 of Article XI of the California Constitution and state law
to promote the health, safety and general welfare of the residents and businesses of the
City of Cupertino and preserve the City’s land use powers, by prohibiting all commercial
marijuana activity within the City’s jurisdictional limits, unless preempted by state law
or authorized by this Chapter. Nothing in this Chapter is intended to circumvent
compliance with state law.
10.84.020 Definitions.
For purposes of this Chapter, the terms and words in this Section are defined as follows
and in accordance with the relevant provisions of state law, as amended from time to
time.
“Accessory Structures” shall have the meaning set forth in Chapter 19.08, Definitions, of
the Cupertino Municipal Code.
“Commercial cannabis activity” shall have the same meaning set forth in California
Business and Professions Code section 26001(k).
“Cultivation” shall have the same meaning as set forth in California Business and
Professions Code section 26001(l).
“Delivery” shall have the same meaning as set forth in California Business and
Professions Code section 26001(p).
“Distribution” shall mean the procurement, sale, and transport of cannabis and cannabis
products between licensees, as defined in California Business and Professions Code
26001(r).
“Identification Card” shall have the same meaning as set forth in state law, including
California Health and Safety Code sections 11362.7(g).
"Marijuana or cannabis" shall have the meaning set forth in California Business and
Professions Code section 26001(f). Marijuana and cannabis are used interchangeably in
this Code. The term “marijuana’ shall also include “medical marijuana,” “medicinal
marijuana product” and “cannabis product” as defined in Business and Professions Code
section 26001.
“Marijuana accessories” shall have the same meaning as set forth in California Business
and Professions Code section 26001(g).
“Marijuana cultivation” shall have the same meaning as set forth in California Business
and Professions Code section 26001(l).
“Marijuana cultivation site” shall have the same meaning as set forth in California
Business and Professions Code section 26001(m).
“Marijuana delivery” shall have the meaning set forth in California Business and
Professions Code section 26001(p).
“Marijuana dispensary” means any business, office, store, facility, location, retail
storefront, or wholesale component of any establishment, cooperative or collective that
delivers, whether mobile or otherwise, dispenses, distributes, exchanges, transmits,
transports, sells or provides marijuana to any person for any reason, including members
of any medical marijuana cooperative or collective consistent the purposes set forth in
California Health and Safety Code section 11362.5.
“Medicinal marijuana” and “medicinal marijuana products” shall have the same
meaning set forth in California Business and Professions Code section 26001(ai).
"Medicinal marijuana dispensary" means any business, facility, use, establishment,
property, or location, whether fixed or mobile, where medicinal marijuana or medicinal
marijuana product, is sold, made available, and/or distributed. A "medicinal marijuana
dispensary" does not include the following facilities that provide medical care and
supportive services to a qualified patient, person with an identification card, or employs
a primary caregiver providing services to a qualified patient or person with an
identification card at that facility:
a. A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code;
b. A health care facility licensed pursuant to Chapter 2 of Division 2 of the Health
and Safety Code;
c. 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;
d. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of
Division 2 of the Health and Safety Code; or
e. A residential hospice, or a home health agency licensed pursuant to Chapter 8 of
Division 2 of the Health and Safety Code.
“Marijuana products” shall have the same meaning as set forth in California Business and
Professions Code section 26001(i).
“Operation” shall have the same meaning set forth in California Business and Professions
Code section 26001(ak).
“Outdoors” means any location that is not within a fully enclosed and secure structure.
“Person” includes any individual, firm, co-partnership, joint venture, association,
corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or
any other group or combination acting as a unit.
“Primary caregiver” shall have the same meaning as set forth in the California Health
and Safety Code section 11362.7.
“Private residence” means a legal, house, apartment unit, accessory dwelling unit or
other similar residential dwelling.
“Qualified patient” shall have the same meaning as set forth in Health and Safety Code
section11362.7.
“Sale” “Sell,” “sale,” and “to sell” shall have the same meaning as set forth in California
Business and Professions Code section 26001(as).
10.84.030 Commercial Marijuana Activities Prohibited.
Except as provided in Section 10.84.040, all commercial activities involving marijuana and
all outdoor cultivation of marijuana (both commercial and for personal use), whether or
not they require a state or local license, are prohibited in all zones in the City. The City
will not issue any permit, license or other entitlement for any commercial marijuana
activity or outdoor cultivation of marijuana.
10.84.040 Possession, Delivery, Distribution, and Indoor Cultivation of Marijuana.
Notwithstanding the prohibitions in Section 10.84.030 above, the following activities are
allowed:
A. Possession of marijuana for personal use is allowed to the limited extent authorized
under Health and Safety Code section 11357 and 11362.5.
B. Delivery of marijuana is allowed in accordance with the following restrictions:
1. Only by Licensees operating with a valid state license and in compliance with laws
and regulations of the local jurisdiction where the Licensee is physically located or
obtained the license; and
2. Only deliveries to the City of Cupertino are allowed; deliveries may not originate
within the City; and
3. Deliveries to a qualified patient or by a primary caregiver to his or her qualified
patient are allowed, to the extent allowed by California Business and Professions
Code section 26033.
C. The use of the City’s public roads by Licensees transporting marijuana or marijuana
products to the limited extent authorized by California Business and Professions Code
sections 26080(b).
D. Indoor marijuana cultivation for personal use is permitted only in a Private Residence,
to the limited extent authorized under California Health and Safety Code sections
11362.1 and 11362.2 and subject to the following regulations:
1. The cultivation activity shall be incidental to the primary use of the Private
Residence as a dwelling;
2. The property shall be the primary residence of the Person cultivating the
marijuana, and the Person shall not participate in cultivation in any other location
within the City;
3. If the Private Residence is rental property, written authorization must be obtained
from the landlord, property owner or property manager prior to commencement
of cultivation. Nothing in this section prohibits a landlord or property owner from
imposing more stringent standards than those outlined in this section. No
marijuana cultivation may occur in violation of a lease or rental agreement;
4. Any structure used for indoor cultivation must be fully enclosed, secure, and
locked, as required by state law;
5. The cultivation area must be within a Private Residence, or an accessory structure
to a Private Residence located entirely on property owned or legally in possession
of the Person doing the cultivation;
6. Not more than six (6) mature or immature plants are permitted per Private
Residence, regardless of the number of residents occupying the property;
7. The cultivation area must be a single designated area not exceeding 36 square feet
measured by canopy or ten (10) linear feet in height;
8. The display or any exterior evidence of marijuana cultivation, including but not
limited to marijuana plants, storage of marijuana accessories or pesticides, or
processing and curing equipment is strictly prohibited;
9. The use, alterations and additions to the Private Residence, garage, and accessory
structures, must comply with all applicable building, fire, plumbing, electrical,
housing and zoning codes, including regulations related to lot coverage, set back,
height and parking requirements;
10. The use of gas products, including but not limited to, CO 2 and butane, CO2 and
ozone generators, or other flammable solvents for cultivation or processing is
prohibited;
11. Lighting for cultivation shall be energy efficient lighting, such as, light-emitting
diodes (LEDs), compact fluorescent lamps (CFLs), or fluorescent lighting and shall
not create a fire or safety hazard;
12. A ventilation and filtration system that meets minimum requirements of the
adopted edition of the California Building Standards Code or its equivalent(s), is
required. It must be designed to ensure that odors from cultivation are not
detectable beyond the Private Residence or accessory structure where cultivation
occurs, must prevent mold and humidity/moisture, and otherwise protect the
health and safety of the occupants and the neighborhood;
13. Cultivation shall not adversely affect the health or safety of the occupants or
nearby residents by creating dust, glare, excessive light, heat, noise, noxious gases,
odor, smoke, traffic, vibration, or other impacts, and shall not be hazardous due to
use, storage or disposal of chemicals, materials, processes, products or wastes.
E. Nothing contained in this Section shall be deemed to permit or authorize any use or
activity which is otherwise prohibited by state law.
10.84.050 Enforcement, Remedies and Declaration of Public Nuisance.
A. Enforcement: This Chapter shall be enforced in accordance with and consistent with
the enforcement of public health and safety laws, pursuant to Chapter 10 of the
Cupertino Municipal Code.
B. Remedies: Violations of this Chapter are subject to administrative, civil, and criminal
remedies available under state law and the Cupertino Municipal Code, which at the
discretion of the City may be pursued concurrently, including without limitation the
fines, penalties, abatement orders and other administrative and civil remedies
provided under Chapter 1.10 and 1.12 of the Cupertino Municipal Code.
Violations of this chapter are subject to criminal citations and prosecution under state
law. Notwithstanding the penalties set forth above, no provision authorizes a
criminal prosecution, arrest or penalty inconsistent with or prohibited under
California Health and Safety Code Section 11362.5.
In the event of any conflict between the penalties enumerated in this section of the
Cupertino Municipal Code and any penalties set forth in state law, the maximum
penalties allowable under state law shall govern.
SECTION 2. Cupertino Municipal Code, Chapter 19.08 of Title 19 is amended to delete
the following definitions:
“Commercial cannabis activity” shall have the meaning set forth in California Business
and Professions Code section 19300.5(k).
“Cultivation” means any activity involving the planting, growing, harvesting, drying,
curing, grading, or trimming of marijuana.
“Identification Card” shall have the same meaning as set forth in state law, including
Health and Safety Code Sections 11352.5, 11362.7, and following, or as may be amended.
"Marijuana" means all parts of the plant Cannabis, whether growing or not; the seeds
thereof; the resin extracted from any part of the plant; and every compound manufacture,
salt, derivative, mixture, or preparation of the plant, its seeds or resin. It includes
marijuana infused in foodstuff, and concentrated cannabis and the separated resin,
whether crude or petrified, obtained from marijuana. It does not include the mature stalks
of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant,
any other compound, manufacture, salt, derivative, mixture, or preparation of the mature
stalks (except resin extracted therefrom), fiber, oil, or cake, or the sterilized seeds of the
plant that are incapable of germination.
"Medical marijuana" is marijuana used for medical purposes where that medical use is
deemed appropriate and has been recommended by a physician who has determined that
the person's health would benefit from the use of marijuana in the treatment of acquired
immune deficiency syndrome ("AIDS"), anorexia, arthritis, cancer, chronic pain,
glaucoma, migraine, spasticity, or any other serious medical condition for which
marijuana is deemed to provide relief as defined in subsection (h) of Health and Safety
Code § 11362.7.
“Marijuana cultivation facility” means any business, facility, use, establishment,
property, or location where the cultivation of marijuana occurs. A “marijuana cultivation
facility” does not include a “qualified patient’s” primary residence provided such
cultivation of medical marijuana is for his or her personal use.
"Medical marijuana dispensary" means any business, facility, use, establishment,
property, or location, whether fixed or mobile, where medical marijuana is sold, made
available, delivered, transported, and/or distributed. A "medical marijuana dispensary"
does not include the following uses:
a. A “qualified patient” transporting “medical marijuana” for his or her personal use;
b. A “primary caregiver” delivering or transporting “medical marijuana” to a
“qualified patient;”
c. A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code;
d. A health care facility licensed pursuant to Chapter 2 of Division 2 of the Health
and Safety Code;
e. 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;
f. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of
Division 2 of the Health and Safety Code; or
g. A residential hospice, or a home health agency licensed pursuant to Chapter 8 of
Division 2 of the Health and Safety Code.
“Primary caregiver” shall have the same meaning as set forth in state law, including
Health and Safety Code Sections 11352.5, 11362.7, and following, or as may be amended.
“Qualified patient” shall have the same meaning as set forth in state law, including
Health and Safety Code Sections 11352.5, 11362.7, and following, or as may be amended.
SECTION 3. Chapter 19.98, “Medical Marijuana,” is repealed in its entirety. The new
provision of Chapter 19.98 is retitled “Marijuana” and hereby adopted to reference the
new municipal provisions regulating marijuana under Chapter 10.84 of the Cupertino
Municipal Code as follows:
CHAPTER 19.98: MARIJUANA
19.98.010 Marijuana.
All commercial cannabis activities including marijuana cultivation, as defined in Chapter
10.84, are prohibited uses in all zoning districts in the City of Cupertino, except to the
extent permitted by state law and Chapter 10.84 of the Cupertino Municipal Code.
SECTION 4. FINDINGS. The following findings are made under Cupertino Municipal
Code section 19.152.030(D):
(1) The proposed Ordinance conforms with the latest adopted general plan for the City
in that a prohibition against marijuana cultivation facilities, medical marijuana
dispensaries, and commercial cannabis activities, does not conflict with any allowable
uses in the land use element and does not conflict with any policies or programs in any
other element of the general plan.
(2) The proposed Ordinance will protect the public health, safety, and welfare and
promote the orderly development of the City in that prohibiting marijuana cultivation
facilities, medical marijuana dispensaries, and commercial cannabis activities will protect
the City from the adverse impacts and negative secondary effects connected with these
activities.
(3) The proposed Ordinance is consistent with Municipal Code Title 19, which currently
bans marijuana cultivation facilities, medical marijuana dispensaries, and commercial
cannabis activities under principles of permissive zoning.
(4) The proposed Ordinance is not a project within the meaning of section 15378 of the
California Environmental Quality Act (“CEQA”) Guidelines because it has no potential
for resulting in physical change in the environment, either directly or ultimately. In the
event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA
exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with
certainty to have no possibility of a significant effect on the environment.
SECTION 5. SEVERABILITY. If any section, subsection, subdivision, sentence, clause,
phrase, or portion of this Ordinance is, for any reason, held to be invalid or
unconstitutional by the 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 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
thereof be declared invalid or unconstitutional.
SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect and be in force thirty
(30) days from and after adoption as provided by Government Code Section 36937.
SECTION 7. CERTIFICATION. The City Clerk shall certify the adoption of this
Ordinance and shall give notice of its adoption as required by law. Pursuant to
Government Code Section 36933, a summary of this Ordinance may be published and
posted in lieu of publication and posting of the entire text.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 19th
day of January, 2016 and ENACTED at a regular meeting of the City Council of the City
of Cupertino the ____ of _______ 2016, by the following vote:
Vote: Members of the City Council
Ayes:
Noes:
Absent:
Abstain:
ATTEST: APPROVED:
_______________________ ___________________________________
City Clerk Mayor, City of Cupertino