This chapter establishes express prohibitions on certain uses in all zones in the City. Nothing in this chapter shall be interpreted to limit the effect or scope of the City’s permissive zoning scheme. The purpose of this chapter is to declare and clarify that these uses are not permitted and are not within the scope of any permitted use defined in this Code. No use prohibited in this chapter shall be allowed in any zone in the City. (Added by Ord. 341 § 3, 2016)

A.   Commercial marijuana activity is prohibited in all zones and all specific plan areas in the City. No person shall establish, operate, maintain, conduct or allow commercial marijuana activity anywhere within the City. The City shall not approve any application for a building permit, conditional use permit, variance, or any other entitlement authorizing the establishment, operation, maintenance, development, or construction of any commercial marijuana activity. The prohibitions set forth in this section shall not apply to any conduct allowed under local law pursuant to Health and Safety Code Section 11362.1.

B.   A property owner shall not rent, lease or otherwise permit any business that engages in commercial marijuana activity to occupy real property in the City. A property owner shall not allow any person or business to establish, operate, maintain, conduct, or engage in commercial marijuana activity on any real property owned or controlled by that property owner that is located in the City.

C.   In addition to any other enforcement authorized under Chapter 2 of Division 1 of the City Development Code, the City Attorney may bring a civil action for injunctive relief and civil penalties against any person or entity that violates this section. In any civil action brought pursuant to this section, a court of competent jurisdiction may award reasonable attorneys’ fees and costs to the prevailing party.

D.   Notwithstanding the penalties set forth in Chapter 2 of Division 1 of the City Development Code, this Chapter 9 does not authorize a criminal prosecution, arrest or penalty inconsistent with or prohibited by Health and Safety Code Section 11362.71 et seq., or 11362.1 et seq., as the same may be amended from time to time. In the event of any conflict between the penalties enumerated under Chapter 2 of Division 1 of the Development Code and any penalties set forth in State law, the maximum penalties allowable under State law shall govern. (Added by Ord. 341 § 3, 2016); (Amended by Ord. 354 § 4, 2017)