HomeMy WebLinkAboutOrdinance 2245 N.C.S. 06/05/20061
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EFFECTIVE DATE
OF ORDINANCE
June 5, 2006
Introduced by
Mike O'Brien
ORDINANCE NO. 2245 N.C.S.
Seconded by
Mike Harris
AN URGENCY ORDINANCE OF THE CITY OF PETALUMA MAKING FINDINGS AND
EXTENDING FOR A PERIOD OF ONE YEAR A 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. sea. 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.
Ordinance No. 2245 N.C.S. Page 1
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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.
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, 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 one year 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 sec., 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 sea.
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 sue.
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
Ordinance No. 2245 N.C.S. Page 2
I marijuana dispensaries in the City would result in the harmful secondary effects identified above.
2 As a result of the harmful secondary effects associated with medical marijuana dispensaries and
3 the current and immediate threat such secondary effects pose to the public health, safety and
4 welfare, it is necessary to, in accordance with Government Code Section 65858, establish a
5 moratorium on the establishment and operation of new medical marijuana dispensaries in the
6 City pending the completion of the City's study of the potential impacts of medical marijuana
7 dispensaries and possible amendments to the City's codes.
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9 Section 3. Compliance with California Environmental Quality Act
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11 The City Council finds that this ordinance is not subject to the California Environmental Quality
12 Act ("CEQA") pursuant to Sections 15060(c) (2) (the activity will not result in a direct or
13 reasonably foreseeable indirect physical change in the environment) and 15060(c) (3) (the
14 activity is not a project as defined in Section 15378) of the CEQA Guidelines (Title 14, Chapter 3
15 of the California Code of Regulations) because it has no potential for resulting in physical
16 change to the environment, directly or indirectly; it prevents changes in the environment
17 pending the completion of the contemplated Zoning Code review.
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19 Section 4. Severability
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21 If any provision of this ordinance or the application thereof to any person or circumstance is held
22 invalid, the remainder of the ordinance, including the application of such part or provision to
23 other persons or circumstances shall not be affected thereby and shall continue in full force and
24 effect. To this end, provisions of this ordinance are severable. The City Council hereby declares
25 that it would have passed each section, subsection, subdivision, paragraph, sentence, clause,
26 or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions,
27 paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
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29 Section 5. Effective Date
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31 This ordinance shall become effective immediately upon adoption if adopted by at least six-
32 sevenths vote of the City Council and shall be in effect for one year from the date of adoption.
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35 INTRODUCED, ADOPTED AND ORDERED posted/published this 5th day of June, 2006, by
36 the following vote:
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38 AYES: Vice Mayor Canevaro, Harris, Healy, Nau, O'Brien, Torliatt
39 NOES: None
40 ABSENT: Mayor Glass
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Ordinance No. 2245 N.C.S. Page 3
2 ATTEST:
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6 Claire Cooper, City Clerk
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APPROVED AS TO FORM:
Ordinance No. 2245 N.C.S. Page 4