2.2 Staff ReportMN pf MEETING DATE: 02/02/2016
ITEM NO: 2.2
COUNCIL AGENDA REPORT
DATE: January 28, 2016
TO: MAYOR AND TOWN COUNCIL
FROM: ROBERT SCHULTZ, TOWN ATTORNEY
SUBJECT: MEDICAL MARIJUANA CULTIVATION AND DELIVERY:
A. ADOPT AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
LOS GATOS AMENDING LOS GATOS MUNICIPAL CODE TITLE 18,
SECTION 14.120 PROHIBITING THE ESTABLISHMENT OF MEDICAL
MARIJUANA DISPENSARIES, TO FURTHER PROHIBIT MARIJUANA
CULTIVATION AND DELIVERIES
B. ADOPT AN URGENCY ORDINANCE OF THE TOWN COUNCIL OF
THE TOWN OF LOS GATOS AMENDING LOS GATOS MUNICIPAL
CODE TITLE 18, SECTION 14.120 PROHIBITING THE
ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES, TO
FURTHER PROHIBIT MARIJUANA CULTIVATION AND DELIVERIES
RECOMMENDATION:
After opening and closing the public hearing, it is recommended that the Town Council:
1. Move to waive the reading of the Ordinance and Urgency Ordinance and ask the Clerk
Administrator to read the title of the proposed Ordinances; and
2. Move to introduce the Ordinance of the Town of Los Gatos amending Los Gatos
Municipal Code Title 18, Section 14.120, prohibiting the establishment of medical
marijuana dispensaries, to further prohibit marijuana cultivation and deliveries; and
3. Adopt an Urgency Ordinance of the Town of Los Gatos amending Los Gatos Municipal
Code Title 18, Section 14.120, prohibiting the establishment of medical marijuana
dispensaries, to further prohibit marijuana cultivation and deliveries;
PREPARED BY: Robert Schultz, Town Attorney
Reviewed by: Assistant Town Manager Town Attorney Finance
M.
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: MEDICAL MARIJUANA CULTIVATION AND DELIVERY
FEBRUARY 2, 2016
BACKGROUND:
In 2011, the Town adopted Ordinance No. 2198, adding Los Gatos Municipal Code ("Code")
Chapter 14.120, which prohibits medical marijuana dispensaries within the Town. The current
Code does not specifically prohibit other medical marijuana uses such as planting, growing,
harvesting, drying, storing, processing, or delivery.
On October 9, 2015, Governor Brown signed into law a suite of legislation termed The Medical
Marijuana Regulation and Safety Act, including Senate Bill 643 (McGuire), Assembly Bill 266
(Bonta), and Assembly Bill 243 (Wood) to comprehensively regulate medical marijuana (The
Act). The Act contains numerous provisions, including the creation of a new state agency: the
Bureau of Medical Marijuana Regulation under the California Department of Consumer Affairs.
The Act also recognizes and preserves local control to regulate or ban medical marijuana
cultivation, transportation, and distribution. The Act confirms and clarifies that, in addition to
the complete land use control over retail dispensaries recognized in City of Riverside v. Inland
Empire Patients Health and Wellness Center, Inc. (2013) 56 Cal. 4th 729, municipalities have
the power to regulate or ban the cultivation and distribution of medical marijuana. Mara/ v. City
of Live Oak (2013) 221 Ca1.App.4th 975.
The Act contains a provision stating that cities and towns that do not have an ordinance
regulating or prohibiting cultivation by March 1, 2016, will lose the authority to regulate or ban
cultivation within their city limits and the state will become the sole licensing authority. Also,
under the Act, a city or town must explicitly by ordinance prohibit delivery of Medical
Marijuana. If the city or town does not adopt an ordinance regarding delivery, then it is
prohibited from preventing lawful delivery. If no action is taken to address these state
regulations by March 1, 2016, the state regulations would become the default, based on current
language in the adopted legislation (although clean-up language on the deadline has been
promised).
Staff has prepared both an Ordinance and an Urgency Ordinance to make certain that not only
has the Town enacted an Ordinance, but that it is also immediately effective since the Urgency
Ordinance will take effect immediately pursuant to Government Code Section 36937. This will
ensure that the Town's prohibition on marijuana cultivation and delivery will be in effect prior to
the March 1, 2016 deadline. The adoption of the Urgency Ordinance requires a four-fifths vote
of the Town Council pursuant to Government Code Section 36937. The adoption of the
Ordinance requires a recorded majority vote of the total membership of the Town Council (i.e.,
three affirmative votes) pursuant to Government Code Section 36936.
39
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: MEDICAL MARIJUANA CULTIVATION AND DELIVERY
FEBRUARY 2, 2016
A. Marijuana Delivery
The Act provides that medical marijuana deliveries can only be made by a State- licensed
dispensary and in a city that does not explicitly prohibit it by local ordinance. "Delivery" is
defined to mean the commercial transfer of medical cannabis or medical cannabis products from
a dispensary, up to an amount determined by the Bureau of Medical Marijuana Regulation to a
primary caregiver or qualified patient, or a testing laboratory.
If a local agency does not expressly prohibit the delivery of medical marijuana within its
jurisdiction, deliveries will be allowed (with a State dispensary license), even if the local agency
prohibits medical marijuana dispensaries. This means that a local agency that wishes to prohibit
the delivery of medical marijuana within its jurisdiction will need to adopt an ordinance that
expressly identifies and prohibits this activity. If a local agency does not adopt an ordinance
expressly prohibiting the delivery of medical marijuana before the State begins issuing any State
licenses, a State -licensed dispensary will be able to deliver medical marijuana within that
agency's jurisdictional limits
The Town of Los Gatos does not currently explicitly prohibit marijuana deliveries within the
Town. The attached Ordinances prohibit marijuana deliveries in all zones in the Town.
B. Marijuana Cultivation
The Act establishes standards for the licensed cultivation of medical marijuana, including,
without limitation, the establishment of uniform State minimum health and safety standards, and
testing standards. The Act places the Department of Food & Agriculture (DF&A) in charge of
licensing and regulating indoor and outdoor medical marijuana cultivation sites.
The State requirements established under the Act do not, however, inhibit a local agency's ability
to prohibit all cultivation of medical marijuana. A local agency may also impose more stringent
regulations for cultivation than those established under the Act, including regulating the number
of cultivation permits it will issue, and locations where medical marijuana cultivation can occur.
However, beginning March 1, 2016, the DF&A will be the sole licensing authority for medical
marijuana cultivation applicants in the state. As a result, if a local agency wishes to prohibit or
regulate the cultivation of medical marijuana within its jurisdiction, the prohibition or regulations
must be adopted and effective on or before by March 1, 2016. The DF&A may not issue a state
license to cultivate medical marijuana within any local agency's jurisdiction that has adopted a
prohibition on the cultivation of medical marijuana effective March 1, 2016.
The Town of Los Gatos does not currently prohibit marijuana cultivation within the City. The
attached Ordinances prohibit marijuana cultivation in all zones in the Town.
170
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: MEDICAL MARIJUANA CULTIVATION AND DELIVERY
FEBRUARY 2, 2016
DISCUSSION (Cont'd):
The delivery and cultivation of marijuana can create problems relating to public health and
safety, crime, water and air quality, and energy consumption. Marijuana uses can create
nuisance activity such as loitering and criminal activity in business and residential districts.
Specifically, mobile delivery can create issues relating to responsibility and resources to monitor
and enforce state law, questions of patient qualification, and risks relating to the high use of large
sums of cash for mobile transactions. Cultivation can create air quality, energy, and water quality
damage and impair building maintenance and safety. For example, the increased moisture
necessary to grow indoors can create excessive mold growth and structural damage.
Additionally, the equipment utilized to grow indoors can pose a risk of fire and electrical hazards
due to dangerous electrical alterations and use. Further, inadequate ventilation combined with the
use of pesticides and fertilizers in an enclosed space can lead to chemical contamination within
structures.
Based upon these secondary effects, Staff recommends that the Town Council adopt a ban on the
delivery and cultivation of medical marijuana.
CONCLUSION:
We recommend Council review and move for first reading, introduction and adoption of the
attached Ordinance and Urgency Ordinance, by title only.
ENVIRONMENTAL ASSESSMENT:
It has been determined that there is no possibility that this project will have a significant impact
on the environment; therefore, the project is not subject to the California Environmental Quality
Act (Section 15061 (b)(3)).
FISCAL IMPACT:
The adoption of these Ordinances results in no fiscal impact.
Attachment 1: Ordinance
Attachment 2: Urgency Ordinance
'—�1
ORDINANCE 2016 -
AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING LOS GATOS
MUNICIPAL CODE TITLE 18, SECTION 14.120 PROHIBITING THE
ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES, TO FURTHER
PROHIBIT MARIJUANA CULTIVATION AND DELIVERIES
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS:
SECTION 1. FINDINGS
1. 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.
2. In 1996, voters of the State of California approved Proposition 215, known as the
Compassionate Use Act (CUA), codified as Health and Safety (H&S) Code Section
11362.5.
3. The CUA creates limited exemptions from state criminal liability for seriously ill
qualified patients who are in need of medical marijuana for specified purposes and who
obtain and use marijuana under limited, specified circumstances.
4. In 2003, the State Legislature enacted the Medical Marijuana Program Act (MMPA)
(H&S Code §§ 11362.7 - 11362.83) to clarify the scope of the CUA and allow cities and
other governing bodies to adopt and enforce regulations consistent with the MMPA.
5. The CUA expressly anticipates the enactment of additional local legislation by stating:
"[n]othing in this section shall be construed to supersede legislation prohibiting persons
from engaging in conduct that endangers others, nor to condone the diversion of
marijuana for nonmedical purposes." (H&S Code § 11362.5).
6. Neither the CUA nor MMPA create a right to the unregulated cultivation of medical
marijuana and California courts recognize that the regulation of cultivation of medical
marijuana does not conflict with either the CUA or MMPA. (Browne v. County of
Tehama (2013) 213 Cal.AppAth 704; Maral v. TOWN of Live Oak (2013) 221 Cal.App.
4th 975.)
Neither the CUA nor MMPA preempt a TOWN's police power to prohibit the
cultivation of all marijuana within that TOWN. (Maral v. TOWN of Live Oak, supra, 221
Cal.App. 4th 975.)
8. Several California cities and counties have experienced offensive and serious adverse
impacts associated with and resulting from cultivation of marijuana. According to these
cities, cultivation of marijuana increases risks of criminal activity, degrades the natural
environment, and poses fire hazards to the land itself and surrounding areas.
172
9. In 2008, the California Attorney General adopted guidelines for interpreting and
Page 1 of 9
implementing California's medical marijuana laws, entitled "Guidelines for the Security
and Non -Diversion of Marijuana Grown for Medical Use (August 2008.)" (The
"Attorney General Guidelines"). The Attorney General Guidelines state that patients,
caregivers, or "[a]ny group that is collectively or cooperatively cultivating and
distributing marijuana for medical purposes should be organized and operated in a
manner that ensures the security of the crop and safeguards against diversion for non-
medical purposes."
10. The experience of other cities has been that many individuals who cultivate marijuana
are not qualified patients, caregivers, cooperatives or collectives in compliance with the
MMPA and Attorney General Guidelines, and thus are engaged in cultivation,
distribution and sale of marijuana in a manner illegal under both California and federal
law. As a result, the TOWN would be obligated to commit substantial resources to
regulate and oversee the cultivation of medical marijuana to ensure that such cultivation
is lawful and not a means for illegal drug trafficking. Furthermore, it is unclear whether
even with significant resources and dedication toward the problem, the Town would be
able to prevent illegal conduct associated with marijuana cultivation, such as illegal
transport and distribution of that marijuana between persons who are not qualified
patients or caregivers under the CUA and MMPA.
11. Both state and federal courts recognize concerns about nonmedical marijuana use in
connection with the CUA and MMPA. (See, e.g., Bearman v. California Medical Bd.
(2009) 176 Cal.App.4th 1588; People ex rel. Lungren v. Peron (1997) 59 Cal.AppAth
1383, 1386; Gonzales v. Raich (2005) 545 U.S. 1).
12. The use, possession, and cultivation of marijuana remain illegal under the federal CSA
(Bearman v. California Medical Bd., supra, 176 Cal.AppAth 1588). Federal courts
recognize that marijuana is deemed to have no accepted medical use (Gonzales v. Raich,
supra, 545 U.S. 1; United States v. Oakland Cannabis Buyers' Cooperative (2001) 532
U.S. 483, 491), that medical necessity is not a defense to prosecution under the CSA
(United States v. Oakland Cannabis Buyers' Cooperative, supra, 532 U.S. 483, 491),
and that despite protections under California's CUA and MMPA, the federal
government may enforce the CSA (Gonzales v. Raich, supra, 545 U.S. 1).
13. Neither the CUA nor the MMPA create implied or actual limitations on local land use or
police power regulation of land used for the cultivation of marijuana. (TOWN of
Riverside v. Inland Empire Patients Health and Wellness Center, Inc., (2013) 56 Cal. 40'
729, 759-760).On October 9, 2015, Governor Brown signed 3 bills into law (AB 266,
AB 243, and SB 643) which collectively are known as the Medical Marijuana
Regulation and Safety Act (hereafter "MMRSA"). The MMRSA set up a State licensing
scheme for commercial medical marijuana uses while protecting local control by
requiring that all such businesses must have a local license or permit to operate in
addition to a State license. The MMRSA allows the TOWN to completely prohibit
commercial medical marijuana activities and all cultivation activities.
14. Marijuana plants cultivated outdoors often produce, especially as they mature to harvest,
a distinctive, strong odor that can be detectable and offensive beyond the borders of the
property on which it is grown. 3
Page 2 of 9
15. Cities, counties, and air quality districts in which marijuana is grown outdoors have
received large numbers of complaints of odors related to the cultivation of marijuana.
16. Marijuana grown indoors has likewise led to dozens of complaints made to the TOWN
from nearby uses based on a concern over criminal activity and its impact on
neighborhood safety, including but not limited to excessive foot and vehicle traffic,
erratic driving, and marijuana smoke emanating from the subject location.
17. Marijuana, even when grown for medical purposes, has a high market value.
18. The strong smell and visibility of marijuana creates an "attractive nuisance" that entices
others to the cultivation, and increases the risk of crimes such as burglary, trespass,
robbery, and armed robbery, potentially resulting in serious injury or death. The
cultivation of medical marijuana can also result in various code violations, including
improper and dangerous electrical alterations and use. These secondary effects pose
serious safety risks, and require the commitment of scarce police and public resources.
19. An ordinance prohibiting all cultivation and delivery is necessary and appropriate to
maintain and protect the public health, safety and welfare of the citizens of Los Gatos.
SECTION 2. AMENDMENTS
Los Gatos Municipal Code, Title 14 (Licenses and Miscellaneous Business Regulations), Article
XII (Medical Marijuana Dispensaries) is amended to read as follows:
ARTICLE XII. - MEDICAL MARIJUANA DISPENSARIES
Sec. 14.120.010. - Purpose, findings and intent.
(a)In enacting this article, the town council fords as follows:
(1)
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.
(2)
In 1996, the voters of the State of California approved Proposition 215 [the
Compassionate Use "Act' (codified as Health and Safety (H&S) Code Section
11362.5 et seq.)].
(3)
The Act creates a limited exception from criminal liability for seriously ill persons
who are in need of medical marijuana for specified medical purposes and who obtain
and use medical marijuana under limited, specified circumstances.
(4)
On January 1, 2004, the "Medical Marijuana Program" (MMP), codified as H&S
Code Sections 11362.7 to 11362.83, was enacted by the state Legislature to clarify
the scope of the Act and to allow cities and other governing bodies to adopt and
enforce rules and regulations consistent with the MMP.
(5)
The Act expressly anticipates the enactment of additional local legislation. It
provides: "Nothing in this section shall be construed to supersede legislation
�-
prohibiting persons from engaging in conduct that endangers others or to condone
174
the diversion of marijuana for nonmedical purposes." (H&S Code Section 11362.5.)
Page 3 of 9
(6) The Town Council takes legislative notice of the fact that several California cities
and counties which have permitted the establishment of medical marijuana
dispensaries have experienced serious adverse impacts associated with and resulting
from such dispensaries. According to these communities, according to news stories
widely reported and according to medical marijuana advocates, medical marijuana
dispensaries have resulted in and/or caused an increase in crime, including
burglaries, robberies, violence, illegal sales of marijuana to, and use of marijuana by,
minors and other persons without medical need in the areas immediately surrounding
such medical marijuana dispensaries. The town council reasonably anticipates that
the Town of Los Gatos will experience similar adverse impacts and effects. A
California Police Chiefs Association compilation of police reports, news stories and
statistical research regarding such secondary impacts is contained in a copyrighted
2009 white paper report entitled White Paper of Medical Marijuana Dispensaries by
California Police Chiefs Association Task Force.
(7) The Town Council further takes legislative notice that as of June 2011, according to
at least one compilation, 103 cities and 15 counties have adopted moratoria or
interim ordinances prohibiting medical marijuana dispensaries. The town council
further takes legislative notice that 143 cities and 12 counties have adopted
prohibitions against medical marijuana dispensaries.
(8) The Town Council further takes legislative notice that the California Attorney General
has adopted guidelines for the interpretation and implementation of the state's
medical marijuana laws, entitled "GUIDELINES FOR THE SECURITY AND
NON -DIVERSION OF MARIJUANA GROWN FOR MEDICAL USE (August
2008)." The Attorney General has stated in the guidelines that "[a]lthough medical '1
marijuana 'dispensaries' have been operating in California for years, dispensaries, as
such, are not recognized under the law."
(9) The Town Council further takes legislative notice that concerns about nonmedical
marijuana use arising in connection with Proposition 215 and the MMP also have
been recognized by state and federal courts. (See, e.g., Bearman v. California
Medical Bd. (2009) 176 Cal.App.4th 1588; People ex rel. Lungren v. Peron (1997)
59 Cal.App.4th 1383, 1386 to 1387; Gonzales v. Raich (2005) 545 U.S. 1.)
(10)The Town Council further takes legislative notice that the use, possession,
distribution and sale of marijuana remain illegal under the CSA (Bearman v.
California Medical Bd. (2009) 176 Cal.AppAth 1588); that the federal courts have
recognized that despite California's Act and MMP, marijuana is deemed to have no
accepted medical use (Gonzales v. Raich, 545 U.S. 1; United States v. Oakland
Cannabis Buyers' Cooperative (2001) 532 U.S. 483); that medical necessity has been
ruled not to be a defense to prosecution under the CSA (United States v. Oakland
Cannabis Buyers' Cooperative, 532 U.S. 483); and that the federal government
properly may enforce the CSA despite the Act and MMP (Gonzales v. Raich, 545
U.S. 1).
(11)The Town Council further takes legislative notice that the United States Attorney
General announced in 2008 its intention to maintain enforcement of federal laws as
applied to medical marijuana dispensaries which otherwise comply with state law.
There is no certainty how long this uncodified policy will remain in effect, and the �5
underlying conflict between federal and state statutes still remains.
Page 4 of 9
(12)The United States Department of Justice issued a memorandum dated June 29, 2011
that outlined the Departmerifs intent to enforce the Controlled Substances Act (CSA)
in jurisdictions considering legislation that would sanction and regulate commercial
cultivation and distribution of marijuana for purportedly medical use.
(13)On October 9, 2015, Governor Brown signed 3 bills into law (AB 266, AB 243, and
SB 643) which are collectively known as the Medical Mariivana Regulation and
Safety Act (hereafter -'MMRSA"). The MMRSA set uy a State licensing scheme for
commercial medical marijuana uses while protecting local control by requiring that
all such businesses must have a local license or permit to operate in addition to a
State license. The MMRSA allows the City to completely prohibit commercial
medical mariivana activities and all cultivation activities.
(14)Mariivana plants cultivated outdoors often produce, especially as they mature to
harvest, a distinctive, strong odor that can be detectable and offensive beyond the
borders of the property on which it is grown. Cities, counties, and air quality districts
in which marijuana is grown outdoors have received large numbers of complaints of
odors related to the cultivation of mariivana.
(15) Marijuana, even when grown for medical purposes, has a high market value.
16) The strong smell and visibilitv of mariivana creates an "attractive nuisance" that
entices others to the cultivation, and increases the risk of crimes such as burglary.
trespass, robbery, and armed robbery, potentially resulting in serious injury or death.
The cultivation of medical marijuana can also result in various code violations,
including improper and dangerous electrical alterations and use. These secondary
effects pose serious safety risks, and require the commitment of scarce police and
public resources.
(17) An ordinance prohibiting medical marijuana dispensaries, all cultivation and delivery
of marijuana and prohibiting the issuance of any permits, licenses and entitlements
for medical marijuana dispensaries cultivation and delivery, is necessary and
appropriate to maintain and protect the public health, safety and welfare of the
citizens of Los Gatos.
(b) The purpose of this article is to prohibit the establishment, operation, and location
(fixed or mobile) of medical marijuana dispensaries and cultivation in the Town of Los
Gatos.
Sec. 14.120.015. De£mitions and exceptions.
(a)For the purposes of this article, "marijuana" shall have the same meaning as set forth
in California Health and Safety Code Section 11018 as of the effective date of this article
and as subsequently amended. Currently under Section 11018, "marijuana" means all
parts of the plant Cannabis sativa L., 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 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 the resin extracted therefrom), fiber, oil or cake, or the sterilized
seed of the plant which is incapable of germination. "Marijuana" shall also include
`-' concentrated cannabis, the separated resin, whether crude or purified, obtained from 176
marijuana, and any foodstuffs infused with marijuana or concentrated cannabis.
Page 5 of 9
(b)For the purposes of this article, "medical marijuana dispensary" shall have the same
meaning as "dispensary" as set forth in California Business and Professions Code Section
19300.5(n) as that section may be amended from time to time. A medical marijuana
dispensary also means any facility or location, whether fixed or mobile, where medical
marijuana is provided, sold, made available or otherwise distributed to one or more of the
following: a primary caregiver, a qualified patient or a person with an identification card.
(c)For the purposes of this article, the terms "primary caregiver," "qualified patient" and
"person with an identification card" shall be as defined in California Health and Safety
Code Section 11362.7.
(d)For purposes of this article, a "medical marijuana dispensary" shall not include the
following uses, provided that the location of such uses are otherwise regulated by
applicable law, and further provided any such use complies strictly with applicable law,
including, but not limited to, California Health and Safety Code Section 11362.5 et seq.
and California Health and Safety Code Section 11362.7 et seq.:
(1)A clinic licensed pursuant to Chapter 1 of Division 2 of the California Health and
Safety Code.
(2)A health-care facility licensed pursuant to Chapter 2 of Division 2 of the Health and
Safety Code.
(3)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.
(4)A residential care facility for the elderly, licensed pursuant to Chapter 3.2 of Division
2 of the Health and Safety Code.
(5)A residential hospice, or a home health agency, licensed pursuant to Chapter 8 of
Division 2 of the Health and Safety Code.
(e) For purposes of this article "Medical mariivana cultivation" shall have the same
meaning as "cultivation" set forth in California Business and Professions Code Section
19300.5(1) as that section may be amended from time to time.
(f) For purposes of this article "Medical mariivana delivery" shall have the same meaning
as "delivery" set forth in California Business and Professions Code Section 19300.5(m)
as that section may be amended from time to time.
Sec. 14.120.020. Prohibition of medical marijuana dispensaries.
(a)Medical marijuana dispensaries are prohibited in the Town of Los Gatos. No medical
marijuana dispensary, fixed or mobile, shall establish, locate, operate, or otherwise be
permitted within the Town of Los Gatos.
(b)The town shall not issue, approve or grant any permit, license or other entitlement for
the establishment or operation of a medical marijuana dispensary.
Sec. 14.120.025. Prohibition of medical marijuana cultivation and delivery.
(a) The cultivation and delivery of medical marijuana are prohibited in all areas of the �)7
Town of Los Gatos. This prohibition includes, but is not limited to:
Page 6 of 9
(1) Cultivation of marijuana, either indoors or outdoors.
(2) Operation of a marijuana nursery, as defined by California Business and Professions
Code section 19300.5(a -h) as it now reads or as amended.
(3) Medical mariivana manufacturing sites, as defined by California Business and
Professions Code section 19300.5(a -f) as it now reads or as amended.
(b) Notwithstanding Subsection (a), nothing in this Chapter shall prohibit:
(1) The carriage of medical cannabis or medical cannabis products on public roads by
licensees acting in compliance with California Business and Professions Code section
19340 and any adopted state and local regulations.
(2) Licensed transporters operating in compliance with California Business and
Professions Code sections 19337 and 19338 and any adopted state and local regulations.
Section 14.120.030 Enforcement.
(a) The remedies provided by this Chanter are cumulative and in addition to any other
remedies available at law or in equity.
(b) Violations of this Chapter are subiect to a civil action brought by the district attorney
or Town Attorney, punishable by a civil fine not less than two hundred fifty dollars
($250) and not exceeding one thousand dollars ($1,000) per violation.
c) Any violation of this Chapter is hereby declared to be a misdemeanor. Violations of
this Chapter may, in the discretion of the district attorney, be prosecuted as infractions or
misdemeanors. Notwithstandinp, this declaration, consistent with the holding in Kirby v.
County of Fresno (2015) 242 Cal.App.4th 940, neither a qualified patient nor a primary
caregiver who cultivates or delivers marijuana for the personal medical purooses of the
patient upon the written or oral recommendation or approval of a physician shall be
subiect to arrest or criminal prosecution for a violation of this Chapter as a misdemeanor.
(d) Violations of this Chapter are hereby declared to be public nuisances and may be
enforced pursuant to the procedure of this Code.
(e) Any person that violates this chapter shall be guilty of a separate offense for each and
every day during any portion of which such person commits, continues, permits, or
causes a violation thereof, and shall be penalized accordingly.
In addition to other remedies provided by this chapter or by other law. any violation of
this Chapter may be remedied by a civil action brought by the planning director or his
designee, including, for example, administrative or iudicial nuisance abatement
proceedings, civil or criminal code enforcement proceedings. and suits for injunctive
relief. 178
Page 7 of 9
SECTION 4. CEQA
The Town Council finds and determines that the adoption of this ordinance is exempt from the
requirements of the California Environmental Quality Act (CEQA) per CEQA Guidelines under
the General Rule (Section 15061(b)(3)), which sets forth that the CEQA applies only to projects
which have the potential for causing a significant effect on the environment. It can be seen with
certainty that the proposed Town Code text amendments will have no significant negative effect
on the environment.
SECTION 5. SEVERABILITY
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held by a
court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the
remaining portions of this ordinance. The Town Council of the Town of Los Gatos hereby declares
that it would have passed this ordinance and each section or subsection, sentence, clause and
phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences,
clauses or phrases be declared invalid. Except as expressly modified in this Ordinance, all other
sections set forth in the Los Gatos Town Code shall remain unchanged and shall be in full force
and effect.
SECTION 6. EFFECTIVE DATE
This ordinance shall take effect immediately and will be enforced thirty (30) days after its
adoption.
SECTION 7. PUBLICATION AND POSTING
In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage, a
summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after
adoption by the Town Council and a certified copy shall be posted in the office of the Town Clerk,
pursuant to GC 36933(c)(1).
SECTION 8. INTRODUCTION AND ADOPTION
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on
February 2, 2016 and adopted by the following vote as an ordinance of the Town of Los Gatos at a
meeting of the Town Council of the Town of Los Gatos on February 16, 2016.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
Page 8 of 9
m
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
Page 9 of 9
Til
ORDINANCE NO. -2016
AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING LOS GATOS MUNICIPAL
CODE TITLE 18, SECTION 14.120 PROHIBITING THE ESTABLISHMENT OF MEDICAL
MARIJUANA DISPENSARIES, TO FURTHER PROHIBIT MARIJUANA CULTIVATION
AND DELIVERIES
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS:
�" CQZ9► 310171�ClI,y
1. 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.
2. In 1996, voters of the State of California approved Proposition 215, known as the
Compassionate Use Act (CUA), codified as Health and Safety (H&S) Code Section 11362.5.
3. The CUA creates limited exemptions from state criminal liability for seriously ill
qualified patients who are in need of medical marijuana for specified purposes and who
obtain and use marijuana under limited, specified circumstances.
4. In 2003, the State Legislature enacted the Medical Marijuana Program Act (MMPA)
(H&S Code §§ 11362.7 - 11362.83) to clarify the scope of the CUA and allow cities and
other governing bodies to adopt and enforce regulations consistent with the MMPA.
5. The CUA expressly anticipates the enactment of additional local legislation by stating:
"[n]othing in this section shall be construed to supersede legislation prohibiting persons from
engaging in conduct that endangers others, nor to condone the diversion of marijuana for
nonmedical purposes." (H&S Code § 11362.5).
6. Neither the CUA nor MMPA create a right to the unregulated cultivation of medical
marijuana and California courts recognize that the regulation of cultivation of medical
marijuana does not conflict with either the CUA or MMPA. (Browne v County of Tehama
(2013) 213 Cal.AppAth 704; Moral v. TOWN of Live Oak (2013) 221 Cal.App. 4th 975.)
7. Neither the CUA nor MMPA preempt a TOWN's police power to prohibit the
cultivation of all marijuana within that TOWN. (Moral v TOWN of Live Oak, supra, 221
Cal.App. 4th 975.)
8. Several California cities and counties have experienced offensive and serious
adverse impacts associated with and resulting from cultivation of marijuana. According to
these cities, cultivation of marijuana increases risks of criminal activity, degrades the natural
environment, and poses fire hazards to the land itself and surrounding areas.
9. In 2008, the California Attorney General adopted guidelines for interpreting and
implementing California's medical marijuana laws, entitled "Guidelines for the Security and
Non -Diversion of Marijuana Grown for Medical Use (August 2008.)" (The "Attorney
General Guidelines"). The Attorney General Guidelines state that patients, caregivers, or
"(ajny group that is collectively or cooperatively cultivating and distributing marijuana for
medical purposes should be organized and operated in a manner that ensures the security of
the crop and safeguards against diversion for non- medical purposes."
10. The experience of other cities has been that many individuals who cultivate
marijuana are not qualified patients, caregivers, cooperatives or collectives in compliance
with the MMPA and Attorney General Guidelines, and thus are engaged in cultivation,
distribution and sale of marijuana in a manner illegal under both California and federal law.
As a result, the TOWN would be obligated to commit substantial resources to regulate and
oversee the cultivation of medical marijuana to ensure that such cultivation is lawful and not
a means for illegal drug trafficking. Furthermore, it is unclear whether even with significant
resources and dedication toward the problem, the Town would be able to prevent illegal
conduct associated with marijuana cultivation, such as illegal transport and distribution of
that marijuana between persons who are not qualified patients or caregivers under the CUA
and MMPA.
11. Both state and federal courts recognize concerns about nonmedical marijuana use in
connection with the CUA and MMPA. (See, e.g., Bearman v. California Medical Bd. (2009)
176 Cal.AppAth 1588; People ex rel. Lungren v Peron (1997) 59 Cal.App.4th 1383, 1386;
Gonzales v Raich (2005) 545 U.S. 1).
12. The use, possession, and cultivation of marijuana remain illegal under the federal
CSA (Bearman v California Medical Bd., supra, 176 Cal.AppAth 1588). Federal courts
recognize that marijuana is deemed to have no accepted medical use (Gonzales v Raich,
supra, 545 U.S. 1; United States v Oakland Cannabis Buyers' Cooperative (2001) 532 U.S.
483, 491), that medical necessity is not a defense to prosecution under the CSA ( United
States v Oakland Cannabis Buyers' Cooperative, supra, 532 U.S. 483, 491), and that despite
protections under California's CUA and MMPA, the federal government may enforce the
CSA (Gonzales v Raich, supra, 545 U.S. 1).
13. Neither the CUA nor the MMPA create implied or actual limitations on local land
use or police power regulation of land used for the cultivation of marijuana. (TOWN of
Riverside v Inland Empire Patients Health and Wellness Center, Inc., (2013) 56 Cal. 4`, 729,
759-760).On October 9, 2015, Governor Brown signed 3 bills into law (AB 266, AB 243,
and SB 643) which collectively are known as the Medical Marijuana Regulation and Safety
Act (hereafter "MMRSA"). The MMRSA set up a State licensing scheme for commercial
medical marijuana uses while protecting local control by requiring that all such businesses
must have a local license or permit to operate in addition to a State license. The MMRSA
allows the TOWN to completely prohibit commercial medical marijuana activities and all
cultivation activities.
182
14. Marijuana plants cultivated outdoors often produce, especially as they mature to
harvest, a distinctive, strong odor that can be detectable and offensive beyond the borders of
the property on which it is grown.
15. Cities, counties, and air quality districts in which marijuana is grown outdoors have
received large numbers of complaints of odors related to the cultivation of marijuana.
16. Marijuana grown indoors has likewise led to dozens of complaints made to the
TOWN from nearby uses based on a concern over criminal activity and its impact on
neighborhood safety, including but not limited to excessive foot and vehicle traffic, erratic
driving, and marijuana smoke emanating from the subject location.
17. Marijuana, even when grown for medical purposes, has a high market value.
18. The strong smell and visibility of marijuana creates an "attractive nuisance" that
entices others to the cultivation, and increases the risk of crimes such as burglary, trespass,
robbery, and armed robbery, potentially resulting in serious injury or death. The cultivation
of medical marijuana can also result in various code violations, including improper and
dangerous electrical alterations and use. These secondary effects pose serious safety risks,
and require the commitment of scarce police and public resources.
19. An ordinance prohibiting all cultivation and delivery is necessary and appropriate to
maintain and protect the public health, safety and welfare of the citizens of Los Gatos.
SECTION 2. AMENDMENTS -*IN
Los Gatos Municipal Code, Title 14 (Licenses and Miscellaneous Business Regulations), Article XII
(Medical Marijuana Dispensaries) is amended to read as follows:
ARTICLE XII. - MEDICAL MARIJUANA DISPENSARIES
Sec 14.120.010. - Purpose, findings and intent.
(a) In enacting this article, the town council finds as follows:
(1) 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.
(2) In 1996, the voters of the State of California approved Proposition 215 [the
Compassionate Use "Act" (codified as Health and Safety (H&S) Code Section 11362.5 et
seq.)].
(3) The Act creates a limited exception from criminal liability for seriously ill persons who
are in need of medical marijuana for specified medical purposes and who obtain and use
medical marijuana under limited, specified circumstances.
(4) On January 1, 2004, the "Medical Marijuana Program" (MMP), codified as H&S Code
Sections 11362.7 to 11362.83, was enacted by the state Legislature to clarify the scope of
33
the Act and to allow cities and other governing bodies to adopt and enforce rules and
regulations consistent with the MMP.
(5) The Act expressly anticipates the enactment of additional local legislation. It provides:
"Nothing in this section shall be construed to supersede legislation prohibiting persons
from engaging in conduct that endangers others or to condone the diversion of marijuana
for nonmedical purposes." (H&S Code Section 11362.5.)
(6) The Town Council takes legislative notice of the fact that several California cities and
counties which have permitted the establishment of medical marijuana dispensaries have
experienced serious adverse impacts associated with and resulting from such dispensaries.
According to these communities, according to news stories widely reported and according
to medical marijuana advocates, medical marijuana dispensaries have resulted in and/or
caused an increase in crime, including burglaries, robberies, violence, illegal sales of
marijuana to, and use of marijuana by, minors and other persons without medical need in
the areas immediately surrounding such medical marijuana dispensaries. The town
council reasonably anticipates that the Town of Los Gatos will experience similar adverse
impacts and effects. A California Police Chiefs Association compilation of police reports,
news stories and statistical research regarding such secondary impacts is contained in a
copyrighted 2009 white paper report entitled White Paper of Medical Marijuana
Dispensaries by California Police Chiefs Association Task Force.
(7) The Town Council further takes legislative notice that as of June 2011, according to at
least one compilation, 103 cities and 15 counties have adopted moratoria or interim
ordinances prohibiting medical marijuana dispensaries. The town council further takes
legislative notice that 143 cities and 12 counties have adopted prohibitions against
medical marijuana dispensaries.
(8) The Town Council further takes legislative notice that the California Attorney General has
adopted guidelines for the interpretation and implementation of the state's medical
marijuana laws, entitled "GUIDELINES FOR THE SECURITY AND NON -
DIVERSION OF MARIJUANA GROWN FOR MEDICAL USE (August 2008)." The
Attorney General has stated in the guidelines that "[ajlthough medical marijuana
'dispensaries' have been operating in California for years, dispensaries, as such, are not
recognized under the law."
(9) The Town Council further takes legislative notice that concerns about nonmedical
marijuana use arising in connection with Proposition 215 and the MMP also have been
recognized by state and federal courts. (See, e.g., Bearman v. California Medical Bd.
(2009) 176 Cal.App.4th 1588; People ex rel. Lungren v. Peron (1997) 59 Ca1.App.4th
1383, 1386 to 1387; Gonzales v. Raich (2005) 545 U.S. 1.)
(10)The Town Council further takes legislative notice that the use, possession, distribution
and sale of marijuana remain illegal under the CSA (Bearman v. California Medical Bd.
(2009) 176 Cal.App.4th 1588); that the federal courts have recognized that despite
California's Act and MMP, marijuana is deemed to have no accepted medical use
(Gonzales v Raich, 545 U.S. 1; United States v. Oakland Cannabis Buyers' Cooperative
(2001) 532 U.S. 483); that medical necessity has been ruled not to be a defense to
prosecution under the CSA (United States v. Oakland Cannabis Buyers' Cooperative, 532
`, 184
U.S. 483); and that the federal government properly may enforce the CSA despite the Act
and MMP (Gonzales v. Raich, 545 U.S. 1). —�
(11) The Town Council further takes legislative notice that the United States Attorney General
announced in 2008 its intention to maintain enforcement of federal laws as applied to
medical marijuana dispensaries which otherwise comply with state law. There is no
certainty how long this uncodified policy will remain in effect, and the underlying conflict
between federal and state statutes still remains.
(12)The United States Department of Justice issued a memorandum dated June 29, 2011 that
outlined the Department's intent to enforce the Controlled Substances Act (CSA) in
jurisdictions considering legislation that would sanction and regulate commercial
cultivation and distribution of marijuana for purportedly medical use.
13 On October 9. 2015, Governor Brown signed 3 bills into law (AB 266. AB 243. and SB
643) which collectively are known as the Medical Marijuana Regulation and Safety Act
(hereafter "MMRSA"). The MMRSA set up a State licensing scheme for commercial
medical marijuana uses while protecting local control by requiring that all such
businesses must have a local license or permit to operate in addition to a State license..
The MMRSA allows the Town to completely12rohibit commercial medical marijuana
activities and all cultivation activities.
Marijuana plants cultivated outdoors often produce. especially as they mature to harvest
a distinctive. strong odor that can be detectable and offensive beyond the borders of the
property on which it is grown. Cities. counties. and air quality districts in which
marijuana is grown outdoors have received large numbers of complaints of odors related,
t4 the cultivation of marijuana.
(15)Marijuana. even when grown for medical purposes, has a high market value.
16) The strong smell and visibility of mariivana creates an "attractive nuisance" that entices
others to the
cultivation.
and increases the risk of crimes such as burglary. trespass.
robbery, and
armed robbery.
potentially resulting in
serious ini t�ry or death The
cultivation of
medical marijuana can also result in various code violations. including
improper and
dangerous
electrical alterations and use
These secondary effects pose
serious safety risks, and require
the commitment of scarce
police and public resources.
(17)An ordinance prohibiting medical marijuana dispensaries, all cultivation and delivery of
marijuana and prohibiting the issuance of any permits, licenses and entitlements for
medical marijuana dispensaries cultivation and delivery, is necessary and appropriate to
maintain and protect the public health, safety and welfare of the citizens of Los Gatos.
(b) The purpose of this article is to prohibit the establishment, operation, and location (fixed or
mobile) of medical marijuana dispensaries and cultivation in the Town of Los Gatos.
Sec. 14.120.015. Definitions and exceptions.
(a)For the purposes of this article, "marijuana" shall have the same meaning as set forth in
California Health and Safety Code Section 11018 as of the effective date of this article and as
subsequently amended. Currently under Section 11018, "marijuana" means all parts of the
35
plant Cannabis sativa L., 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 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
the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is
incapable of germination. "Marijuana" shall also include concentrated cannabis, the separated
resin, whether crude or purified, obtained from marijuana, and any foodstuffs infused with
marijuana or concentrated cannabis.
(b)For the purposes of this article, "medical marijuana dispensary" shall have the same
meaning as "dispensary" as set forth in California Business and Professions Code Section
19300.5(n) as that section may be amended from time to time. A medical mariivana disoensary
also means any facility or location, whether fixed or mobile, where medical marijuana is
provided, sold, made available or otherwise distributed to one or more of the following: a
primary caregiver, a qualified patient or a person with an identification card.
(c)For the purposes of this article, the terms "primary caregiver," "qualified patient" and
"person with an identification card" shall be as defined in California Health and Safety Code
Section 11362.7.
(d)For purposes of this article, a "medical marijuana dispensary" shall not include the
following uses, provided that the location of such uses are otherwise regulated by applicable
law, and further provided any such use complies strictly with applicable law, including, but not
limited to, California Health and Safety Code Section 11362.5 et seq. and California Health
and Safety Code Section 11362.7 et seq.:
(1)A clinic licensed pursuant to Chapter 1 of Division 2 of the California Health and Safety
Code.
(2)A health-care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety
Code.
(3)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.
(4)A residential care facility for the elderly, licensed pursuant to Chapter 3.2 of Division 2 of
the Health and Safety Code.
(5)A residential hospice, or a home health agency, licensed pursuant to Chapter 8 of Division
2 of the Health and Safety Code.
(e) For purooses of this article "Medical marijuana cultivation" shall have the same meaning
as "cultivation" set forth in California Business and Professions Code Section 19300.50as
that section may be amended from time to time.
ff) For purooses of this article "Medical marijuana delivery" shall have the same meaning as.
"delivery" set forth in California Business and Professions Code Section 19300.5(m,) as that
section may be amended from time to time.
Sec. 14.120.020. Prohibition of medical marijuana dispensaries.
�11 186
(a)Medical marijuana dispensaries are prohibited in the Town of Los Gatos. No medical
marijuana dispensary, fixed or mobile, shall establish, locate, operate, or otherwise be -I,
permitted within the Town of Los Gatos.
(b)The town shall not issue, approve or grant any permit, license or other entitlement for the
establishment or operation of a medical marijuana dispensary.
Sec. 14,120.025. Prohibition of medical marijuana cultivation and delivery.
(a) The cultivation and delivery of medical marijuana are prohibited in all areas of the Town of
Los Gatos. This prohibition includes. but is not limited to:
(1) Cultivation of marijuana. either indoors or outdoors.
(2) Operation of a marijuana nursery. as defined by California Business and Professions Code
section 19300.5(a -h) as it now reads or as amended.
(3) Medical marijuana manufacturing sites, as defined by California Business and Professions
Code section 19300.5(a -f) as it now reads or as amended.
(b) Notwithstanding Subsection (a). nothing in this Chapter shall prohibit:
(1) The carriage of medical cannabis or medical cannabis products on public roads by
licensees acting in compliance with California Business and Professions Code section 19340
and any adopted state and local regulations.
(2) Licensed transporters operating in compliance with California Business and Professions
Code sections 19337 and 19338 and any adopted state and local regulations.
Section 14.120.030 Enforcement.
(a) The remedies provided by this Chapter are cumulative and in addition to any other
remedies available at law or in equity.
(b) Violations of this Chapter are subject to a civil action brought by the district attorney or
Town Attorney, punishable by a civil fine not less than two hundred fifty dollars ($250) and
not exceeding one thousand dollars ($1.000) per violation.
(c) Any violation of this Chapter is hereby
declared to be a misdemeanor.
Violations of this
Chapter may, in the discretion
of the
district attorney, be prosecuted
as infractions or
misdemeanors. Notwithstanding
this
declaration. consistent with the holding in Kirby v.
County of Fresno (2015)
242 Cal.Ap12.4th
940. neither a qualified patient
nor a primary
caregiver who cultivates or
delivers marijuana
for the personal medical purposes
of the patient
upon the written or oral recommendation
or approval of a physician shall be
subject to arrest
or criminal prosecution for
a violation of this Chanter as a misdemeanor.
37
(d) Violations of this Chapter are hereby declared to be public nuisances and may be enforced
pursuant to the procedure of this Code.
(e) Any person that violates this chapter shall be guilty of a separate offense for each and.
every day during any portion of which such person commits, continues, permits, or causes a
violation thereof, and shall be penalized accordingly.
(f) In addition to other remedies provided by this chapter or by other law, any violation of this
Chapter may be remedied by a civil action brought by the planning director or his designee,
including, for example. administrative or judicial nuisance abatement proceedings, civil or
criminal code enforcement proceedings. and suits for injunctive relief.
SECTION 4. URGENCY DECLARATION
The Town Council finds that this Ordinance is necessary for the immediate preservation of the
public peace, health, and safety and must take effect immediately pursuant to California
Government Code Section 36937(b). The above findings are incorporated here as facts constituting
the urgency. In addition, the Town Council declares the following as facts constituting the urgency:
A. This Ordinance must be adopted and become effective immediately to protect residents
from imminent harm due to the risk of criminal activity associated with marijuana
cultivation, deliveries, and dispensaries.
B. This Ordinance must be adopted and become effective immediately to protect residents
from imminent harm due to the risk of fires associated with the cultivation of marijuana.
C. The potential for marijuana cultivation, dispensaries, or deliveries to occur before the
effective date of an ordinance presents a current and immediate threat to the public health,
safety, and welfare.
D. A prohibition on marijuana cultivation, dispensaries, and deliveries is difficult to enforce
once those uses have commenced within a community. Those uses must be immediately
prohibited to prevent them from establishing and causing negative secondary effects in the
Town.
E. This Ordinance must take effect by March 1, 2016, to reaffirm that the Town retains local
licensing and regulatory authority over marijuana cultivation sites due to the State deadline
set forth in California Health and Safety Code Section 11362.777.
SECTION 4. CEQA
The Town Council finds and determines that the adoption of this ordinance is exempt from the
requirements of the California Environmental Quality Act (CEQA) per CEQA Guidelines under the
General Rule (Section 15061(b)(3)), which sets forth that the CEQA applies only to projects which
have the potential for causing a significant effect on the environment. It can be seen with certainty that
the proposed Town Code text amendments will have no significant negative effect on the environment. 188
SECTION 5. SEVERABILITY
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held by a court
of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining
portions of this ordinance. The Town Council of the Town of Los Gatos hereby declares that it would
have passed this ordinance and each section or subsection, sentence, clause and phrase thereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be
declared invalid. Except as expressly modified in this Ordinance, all other sections set forth in the Los
Gatos Town Code shall remain unchanged and shall be in full force and effect.
SECTION 6. EFFECTIVE DATE
This ordinance shall take effect immediately and will be enforced thirty (30) days after its adoption.
SECTION 7. PUBLICATION AND POSTING
In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage, a summary
of the ordinance may be published at least five (5) days prior to and fifteen (I5) days after adoption by the
Town Council and a certified copy shall be posted in the office of the Town Clerk, pursuant to GC 36933(c)
(1).
SECTION 8. INTRODUCTION AND ADOPTION
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on
February 2, 2016 and adopted by the following vote as an ordinance of the Town of Los Gatos at a meeting
of the Town Council of the Town of Los Gatos on February 16, 2016.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
89