HomeMy WebLinkAboutStaff Report 6.C 06/20/2005CITY OF PETALUMA, CALIFORNIA
6.0
AGENDA BILL June 20, 2005
Agenda Title: Adoption on an Interim Urgency Ordinance Pursuant Meeting Date: June 20, 2005
to Government Code Section 65858 Prohibiting Uses That May Be
In Conflict With a Contemplated Amendment to the Zoning
Ordinance ("Medical Marijuana Dispensaries") Meeting Time: ® 3:00 PM
❑ 7:00 PM
Category (check one):
❑ Unfinished Business
Department:
Community
Development
Cost of Pronosal: N/A
Amount Budgeted: N/A
❑ Consent Calendar ❑ Public Hearing ® New Business
❑ Presentation
Director:
Mike Moor fo
Contact Person: Phone Number:
/Mike Moore 707-778-4301
Account Number: N/A
Name of Fund: N/A
Attachments to Agenda Packet Item:
Interim Urgency Ordinance Prohibiting Medical Marijuana Dispensaries
Summary Statement:
In response to concerns about the possible location of a medical marijuana dispensary in Petaluma, the City
Council is being asked to adopt an urgency ordinance pursuant to Section 65858 of the California
Government Code that will prohibit any such use for up to a two year period while land use and other
regulatory options are being studied. A 6/7 vote of the City Council is required to adopt the attached
ordinance as an urgency item. In accordance with Government Code Section 65858, the ordinance may be
extended for up to two years following a noticed public hearing within the next 45 days.
Recommended Citv Council Action/Suggested Motion:
Adopt the attached Interim Ordinance as an urgency ordinance. An urgency ordinance requires a 6/7
affirmative vote by the City Council.
Ea
in. Svcs. Dir:
tTodav's Date: 1P
June 9, 2005
Reviewed by City Attornev:
Date:
Revision # and Date Revised:
Anarov d by Chty Manager:
07 Date:
File Code:
CITY OF PETALUMA, CALIFORNIA
JUNE 20, 2005
AGENDA REPORT
FOR
ADOPTION OF AN INTERIM URGENCY ORDINANCE PURSUANT TO
GOVERNMENT CODE SECTION 65858 PROHIBITING USES THAT MAY BE IN
CONFLICT WITH A CONTEMPLATED AMENDMENT TO THE ZONING
ORDINANCE ("MEDICAL MARIJUANA DISPENSARIES")
EXECUTIVE SUMMARY:
In response to concerns about the possible location of a medical marijuana dispensary in
Petaluma, the City Council is being asked to adopt an urgency ordinance pursuant to Section
65858 of the California Government Code that will prohibit any such use for up to a two year
period while land use and other regulatory options are being studied. A 6/7 vote of the City
Council is required to adopt the attached ordinance as an urgency item. In accordance with
Government Code Section 65858, the ordinance maybe extended for up to two years following a
noticed public hearing within the next 45 days.
2. BACKGROUND:
At the present time there are no authorized dispensaries located in Petaluma. The City's Zoning
Ordinance and Municipal Code currently have no regulations affecting the location or operation
of such a dispensary. The passage of an interim ordinance under California Government Code
Section 65858 will prohibit such uses for up to two years from the date of adoption of the
proposed urgency ordinance while the City studies the potential negative impacts that medical
marijuana dispensaries may cause, the options for regulating dispensaries, and the legality of the
various regulatory options.
3. ALTERNATIVES:
The Council may choose not to adopt the ordinance as an urgency item and instead adopt an
interim ordinance after notice and public hearing. The Council may also choose to take no action
at all on this matter.
4. FINANCIAL IMPACTS:
There will be staff and City Attorney costs associated with the research and creation of
regulations governing medical marijuana dispensaries. There may be other legal issues
associated with medical marijuana dispensaries and the current state of federal and state law that
may result in some costs to the City,
Z
5. CONCLUSION:
An interim ordinance will provide up to two years for the City to analyze this issue fllrther and
determine an appropriate regulatory course of action.
6. OUTCOMES OR PERFORMANCE MEASUREMENTS THAT WILL IDENTIFY SUCCESS OR
COMPLETION:
Adoption of permanent regulations governing medical marijuana dispensaries.
RECOMMENDATION:
Adopt the attached interim ordinance as an urgency measure.
ORDINANCE NO. N.C.S.
Introduced by Councilmember Seconded by Councilmember
AN URGENCY ORDINANCE OF THE CITY OF PETALUMA MAI<ING FINDINGS
AND ESTABLISHING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT
AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES,
TO BECOME EFFECTIVE IMMEDIATELY
THE CITY COUNCIL OF THE CITY OF PETALUMA DOES ORDAIN AS FOLLOWS:
Section 1. Findings
A. In 1996 the voters of the state of California approved Proposition 215 (codified as
Health and Safety Code Section 11362.5 et. sM. and entitled "The Compassionate Use Act of
1996").
B. The intent of Proposition 215 was to enable persons who are in need of medical
marijuana for specified medical purposes to obtain and use it under limited, specified circumstances.
C. On January 1, 2004, SB 420 went into effect. SB 420 was enacted by the State to
clarify the scope of the Compassionate Use Act of 1996 and to allow cities and other governing
bodies to adopt and enforce rules and regulations consistent with SB 420.
D. The Petaluma Municipal Code and Zoning Ordinance are silent with regard to the
regulation and location of medical marijuana dispensaries.
E. In order to address both community and statewide concerns regarding the
establishment of medical marijuana dispensaries, it is necessary for the CityofPetalumato sludythe
potential impact such facilities may have on the public health, safety and welfare.
F. Other California cities which have permitted the establishment of medical marijuana
dispensaries have recognized an increase in crime, such as burglary, robbery and sale of illegal drugs
in the areas immediately surrounding such medical marijuana dispensaries.
G. The United States Supreme Court recently clarified in Gonzales v. Raich that the
provisions of the federal Controlled Substances Act apply to the personal medical use of marijuana
in California.
H. The City Council finds that it is necessary to study the possible adoption of
amendments to the City's Municipal Code and Zoning Ordinance in order to adopt legislation which
conforms to recently enacted SB 420 as well as recent state and federal case law.
1. Based on the foregoing, the City Council finds that issuing permits, business licenses
or other applicable licenses or entitlements providing for the establishment and/or operation of
medical marijuana dispensaries, prior to the completion of the City's study ofthepotential impact of
such facilities, poses a current and immediate threat to the public health, safety, and welfare, and that
therefore a temporary moratorium on the issuance of such permits, licenses and entitlements is
necessary.
Section 2. Imposition of Moratorium
A. In accordance with the authority granted the City of Petaluma under Government
Code Section 65858, from and after the date of this ordinance, no permit or any other applicable
license or entitlement For use, including but not limited to the issuance of a business license, shall be
approved or issued for the establishment or operation of a medical marijuana dispensary fora period
of 45 days.
B. For purposes of this ordinance, "medical marijuana dispensary" means any facility or
location where a primary caregiver intends to make available, sell, transmit, give, or otherwise
provide medical marijuana to two or more of the following: a qualified patient or a person with an
identification card, or a primary caregiver in strict accordance with Health and Safety Code Section
11362.5 et seML ., including but not limited to Health & Safety Code Section 11362.7 (d) (2) and (3).
The terms "primary caregiver", "qualified patient", and "person with an identification card" shall be
as defined in Health and Safety Code Section 11362.5 et seq.
C. For purposes of this ordinance, a "medical marijuana dispensary" shall not include
the following uses, as long as the location of such uses are otherwise regulated by applicable law: a
clinic licensed pursuant to Chapter 1 of Division 2 of the Health & Safety Code, ahealth care facility
licensed pursuant to Chapter 2 of Division 2 of the Health & 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 & Safety Code, a residential care facility for the elderly licensed pursuant to Chapter 3.2
of Division 2 of the Health & Safety Code, a residential hospice, or a home health agency licensed
pursuant to Chapter 8 of the Health & Safety Code, as long as any such use complies strictly with
applicable law including, but not limited to, Health & Safety Code Section 11362.5 et seq.
D. This ordinance is an interim ordinance adopted as an urgency measure pursuant to the
authority granted the City of Petaluma under Government Code Section 65858 and is for the
immediate preservation of the public safety, health and welfare. The facts constituting the urgency
are: California cities which have permitted the establishment of medical marijuana dispensaries have
recognized that doing so has resulted in the creation ofnegative secondary effects such as an increase
in crime, including burglary, robbery and the sale of illegal drugs, in the areas immediately
surrounding medical marijuana dispensaries. The City of Petaluma does not currently have standards
in the Petaluma Municipal Code or Zoning Ordinance related to the location, operation and
concentration of medical marijuana dispensaries within the City. Absent the adoption of this urgency
ordinance, the establishment and operation of medical marijuana dispensaries in the City would
result in the harmful secondary effects identified above. As a result of the harmful secondary effects
associated with medical marijuana dispensaries and the current and immediate threat such secondary
effects pose to the public health, safety and welfare, it is necessary to, in accordance with
Government Code Section 65858, temporarily establish a 45 -day moratorium on the establishment
and operation of new medical marijuana dispensaries in the City pending the completion of the
City's study of the potential impacts of medical marijuana dispensaries and possible amendments to
the City's Zoning Code.
Section 3. Compliance with California Environmental Quality Act
The City Council finds that this ordinance is not subject to the California Environmental QualityAct
(" CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably
foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project
as defined in Section 15378) of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of
Regulations) because it has no potential for resulting in physical change to the environment, directly
or indirectly; it prevents changes in the environment pending the completion of the contemplated
Zoning Code review.
Section 4. Severability
If any provision of this ordinance or the application thereof to any person or circumstance is held
invalid, the remainder of the ordinance, including the application of such part or provision to other
persons or circumstances shall not be affected thereby and shall continue in full force and effect. To
this end, provisions of this ordinance are severable. The City Council hereby declares that it would
have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof
irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs,
sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
Section 5. Effective Date
This ordinance shall become effective immediately upon adoption if adopted by at least six -sevenths
vote of the City Council and shall be in effect for forty-five days from the date of adoption unless
extended by the City Council as provided for in the Government Code.
ADOPTED, THIS day of , 2005, by the following vote:
AYES:
NOES:
ABSENT:
L
MAYOR
ATTEST:
CITY CLERK