Ordinance No. 1082363
ORDINANCE NO. 1082
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
MODIFYING TABLES 2 -2, 2 -6, 2 -11 AND 2 -15 AND ADDING A DEFINITION TO
SECTION 6.31.020 OF APPENDIX I OF THE CYPRESS MUNICIPAL CODE
REGARDING MEDICAL MARIJUANA DISPENSARIES
WHEREAS, the City Council of the City of Cypress recognizes that regulation of
medical marijuana dispensaries is necessary to eliminate or reduce the secondary negative effects
associated with them as evidenced by the experiences of various California communities
including, but not limited to Fairfax, Lake County, Hayward, Oakland and Roseville; and
WHEREAS, the City Council is amending the Cypress Zoning Ordinance in order to
ensure the above,
NOW, THEREFORE, the City Council of the City of Cypress hereby ordains as follows:
Section 1. The City Council of the City of Cypress finds and determines that:
A. It is the purpose and intent of this ordinance prohibiting medical marijuana
dispensaries to promote the health, safety, morals, and general welfare of the residents and
businesses within the City.
B. This ordinance is categorically exempt from environmental review pursuant to
CEQA guidelines Section 15061 (b)(3).
Section 2. Table 2 -2 at Section 2.05.030 of the Zoning Code, is hereby amended to read
as follows:
TABLE 2 -2
ALLOWABLE USES AND PERMIT REQUIREMENTS
FOR RESIDENTIAL ZONING DISTRICTS
Land Use
Permit Required by District
RS -15000 RS -6000 RS -5000 RM -15 RM -20 MHP -20 See Section
Medical
Marijuana
Dispensary
- - - - - - 6.31.020
Section 3. Table 2 -6 at Section 2.06.030 of the Zoning Code, is hereby amended to read as
follows:
TABLE 2 -6
ALLOWABLE USES AND PERMIT REQUIREMENTS
FOR COMMERCIAL ZONING DISTRICTS
Land Use
Permit Required by District
OP CN CG CH See Section
Medical
Marijuana
Dispensary
- - - - 6.31.020
Section 4. Table 2 -11 at Section 2.07.030 of the Zoning Code, is hereby amended
to read as follows:
TABLE 2 -11
ALLOWABLE USES AND PERMIT REQUIREMENTS
FOR INDUSTRIAL ZONING DISTRICTS
Land Use
Permit Required by District
BP ML See Section
Medical
Marijuana
Dispensary
- - 6.31.020
364
Section 5. Table 2 -15 at Section 2.08.030 of the Zoning Code, is hereby amended
to read as follows:
TABLE 2 -15
ALLOWABLE USES AND PERMIT REQUIREMENTS
FOR SPECIAL PURPOSE ZONING DISTRICTS
Land Use
Permit Required by District
PS -1A PRD -2A PC PC -25A PCM PBP -25A
See Section
Medical
Marijuana
Dispensary
- - - - - -
6.31.020
Section 6. Section 6.31.020 of the Zoning Code is amended to add the following:
"Medical Marijuana Dispensary" or "Dispensary" means any facility or location where
medical marijuana is made available to and/or distributed by or to three or more of the following:
a primary caregiver, a qualified patient, or a person with an identification card, in strict
accordance with California 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, as long as any such use complies strictly
with applicable law including, but not limited to, Health and Safety Code Section 11362.5 et seq.
FIRST READING at a regular meeting of the City Council of said City held on the 28th
day of August, 2006, and finally adopted and order posted at a regular meeting held on the 11th
day of September, 2006.
MAY ' OF THE CITY OF C 'RESS
ATTEST:
Pe-kil)& /36Aatuary,
ACTING CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, DENISE BASHAM, Acting City Clerk of the City of Cypress DO HEREBY
CERTIFY that the foregoing was duly adopted at a regularly scheduled meeting of said City
Council held on the 11`h day of September, 2006, by the following roll call vote:
AYES: 3 COUNCIL MEMBERS: McCoy, McGill and Seymore
NOES: 2 COUNCIL MEMBERS: Luebben and Sondhi
ABSENT: 0 COUNCIL MEMBERS: None
02,Gt,(Ji-Q. &OAav)
ACTING CITY CLERK OF THE CITY OF CYPRESS