HomeMy WebLinkAboutStaff Report 3.B 08/01/2005CITY OF PFTALUMA, CALIFORNIA
AGENDA BILL
3. D.
August 1, 2005
Aeenda Title: Adoption of an Interim Urgency Ordinance Pursuant Meetine Date: August 1, 2005
to Government Code Section 65858 Extending for a Period of Ten
Months and Fifteen Days an Interim Urgency Ordinance Adopted
by the City Council on June 20, 2005 Prohibiting Uses That May Be Meetine Time: ® 3:00 PM
In Conflict With a Contemplated Amendment to the Zoning ❑ 7:00 PM
Ordinance ("Medical Marijuana Dispensaries")
Cateeory (check one):
❑ Unfinished Business
Department:
Community
Development
Cost of Pr000sal: N/A
Amount Budeeted: N/A
❑ Consent Calendar ® Public Hearing ® New Business
❑ Presentation
Director: Direetoro
Mike Moore Mike Moor
Attachments to Aeenda Packet Item:
Phone Number:
707-778-4301
Account Number: N/A
Name of Fund: N/A
Interim Urgency Ordinance Extending the Previously Adopted Interim 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 adopted an interim ordinance on June 20, 2005 that prohibited for a 45 day period uses (medical
marijuana dispensaries) that may conflict with a contemplated amendment to the Zoning Ordinance. The
Council is now being asked to consider adoption of an extension of that initial interim ordinance pursuant
to Section 65858 of the California Government Code that will prohibit any such use for up to an additional
ten month and fifteen day period while land use and other regulatory options are being studied. A 4/5 vote
of the City Council is required to adopt the attached ordinance as an urgency item.
Recommended Citv Council Action/Sueeested Motion:
Adopt the attached Interim Ordinance as an urgency ordinance. An urgency ordinance requires a 4/5
affirmative vote by the City Council.
Reviewed by Admin. Svcs. Dir:
Date: -7 11(J
Toda,0s Date:
July 20, 2005
Reviewed by City Attornev:
Date:
Revision # and Date Revised:
Auaroved Citv Manaeer:
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 EXTENDING FOR A PERIOD OF TEN
MONTHS AND FIFTEEN DAYS AN INTERIM URGENCY ORDINANCE ADOPTED
BY THE CITY COUNCIL ON JUNE 20, 2005 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 adopted an interim ordinance on June 20, 2005 prohibiting uses
(medical marijuana dispensaries) that may be in conflict with a contemplated amendment to the
Zoning Ordinance. The Council is now being asked to consider adoption of an extension of that
initial interim ordinance pursuant to Section 65858 of the California Government Code that will
prohibit any such use for up to an additional ten month and fifteen day period while land use and
other regulatory options are being studied.
2. BACKGROUND:
At the present time there are no authorized medical marijuana 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 extension of the initial interim
ordinance under California Government Code Section 65858 will prohibit such uses for and
additional ten months and fifteen days from the date of adoption of the proposed extension 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. The
interim ordinance may be extended one additional time for up to one year at the end of the ten
month and fifteen day period.
3. ALTERNATIVES:
The Council may also choose to take no action at all on this matter and allow the existing interim
ordinance to expire.
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
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associated with medical marijuana dispensaries and the current state of federal and state law that
may result in some costs to the City.
CONCLUSION:
An extension of the initial interim ordinance will provide up an additional ten months and fifteen
days for the City to analyze this issue further 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 ordinance extending the initial 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 MAKING FINDINGS
AND EXTENDING FOR A PERIOD OF TEN MONTHS AND FIFTEEN DAYS 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. sec.. 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 City of Petaluma to study the
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.
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H. On June 20, 2005 the City Council adopted an initial interim ordinance (Ordinance
No. 2214 N.C.S.) on an urgency basis and made certain findings. The City Council hereby again
makes those findings and finds that it is still 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.
I. 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 of the potential impact of
such facilities, still 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 for a period
of ten months and fifteen days from the date of the adoption of this ordinance.
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 seq., 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, a health 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 M.
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 of negative 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, extend for a period of ten months and fifteen days the initial
interim ordinance (Ordinance No. 2214 N.C.S.) and extend the 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 Quality Act
("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 fall 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 four fifths
vote of the City Council and shall be in effect for ten months and fifteen days from the date of
adoption.
ADOPTED, THIS day of , 2005, by the following vote:
IW=
NOES:
FAW40
ABSTENTIONS:
APPROVED:
ATTEST:
CITY CLERK