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<br />5. "Cannabis Delivery" means the commercial transfer of cannabis or cannabis products,
<br />and includes origination or termination within the City as well as a delivery business.
<br />B. Cannabis dispensaries, cultivation, cannabis manufacturers, and delivery of cannabis, as
<br />defined in Section 18.04.321, shall be considered prohibited uses in all zoning districts of
<br />the City. No use permit, variance, building permit, or any other entitlement or permit,
<br />whether administrative or discretionary, shall be approved or issued for the establishment
<br />or operation of cannabis dispensaries, cannabis cultivation, cannabis manufacturers, and
<br />delivery of cannabis as defined herein in any zoning district, and no person shall otherwise
<br />establish such businesses or operations in any zoning district. Any Business, operation or
<br />Use that cannot be conducted or carried out without being in violation of state or federal
<br />law, including any Medical Cannabis Dispensary as the term is defined in this Code, shall
<br />be prohibited in all planning areas, Districts, or zones within the City.
<br />C. No person, whether as principal, agent, employee or otherwise, shall violate, cause the
<br />violation of, or otherwise fail to comply with any of the requirements of this Section.
<br />Every act prohibited or declared unlawful, and every failure to perform an act made
<br />mandatory by this Section, shall be a misdemeanor or an infraction, at the discretion of the
<br />City Attorney or the District Attorney. In addition to the penalties provided in this
<br />Section, any condition caused or permitted to exist in violation of any of the provisions of
<br />this Section is declared a public nuisance and may be abated as provided in Chapter 8.12
<br />and/or under state law."
<br />SECTION 4. CEQA. The City Council finds that this ordinance is not subject to the
<br />California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Sections
<br />15060(c)(3) because this activity is not a project as defined by Section 15378 of the CEQA
<br />Guidelines, California Code of Regulations, Title 14, Chapter 3, and pursuant to CEQA
<br />Guidelines Section 15061(b)(3) because it can be seen with certainty that it will not have a
<br />significant effect or physical change to the environment.
<br />SECTION 5. Severability. If any section, subsection, subdivision, sentence, clause,
<br />phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the
<br />decision of any court of competent jurisdiction, such decision shall not affect the validity of the
<br />remaining portions of this Ordinance. The City Council hereby declares that it would have
<br />adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or
<br />portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions,
<br />sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
<br />23152.06020\22873 028.1 -5-
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