HomeMy WebLinkAboutOrdinance 2220 N.C.S. 08/01/2005EFFECTIVE DATE
OF ORDINANCE
August 1, 2005
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ORDINANCE NO. 2220 N.C.S.
3 Introduced by Seconded by
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5 Mike O'Brien Mike Harris
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8 AN URGENCY ORDINANCE OF THE CITY OF PETALUMA MAKING FINDINGS AND
9 EXTENDING FOR A PERIOD OF TEN MONTHS AND FIFTEEN DAYS A TEMPORARY
10 MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA
11 DISPENSARIES,
12 TO BECOME EFFECTIVE IMMEDIATELY
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15 THE CITY COUNCIL OF THE CITY OF PETALUMA DOES ORDAIN AS FOLLOWS:
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17 Section 1. Findings
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19 A. In 1996 the voters of the state of California approved Proposition 215 (codified as
20 Health and Safety Code Section 11362.5 et. sea. and entitled "The Compassionate Use Act of 1996").
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22 B. The intent of Proposition 215 was to enable persons who are in need of medical
23 marijuana for specified medical purposes to obtain and use it under limited, specified
24 circumstances.
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26 C. On January 1, 2004, SB 420 went into effect. SB 420 was enacted by the State to
27 clarify the scope of the Compassionate Use Act of 1996 and to allow cities and other governing
28 bodies to adopt and enforce rules and regulations consistent with SB 420.
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30 D. The Petaluma Municipal Code and Zoning Ordinance are silent with regard to the
31 regulation and location of medical marijuana dispensaries.
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33 E. In order to address both community and statewide concerns regarding the
34 establishment of medical marijuana dispensaries, it is necessary for the City of Petaluma to study the
35 potential impact such facilities may have on the public health, safety and welfare.
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37 F. Other California cities which have permitted the establishment of medical marijuana
38 dispensaries have recognized an increase in crime, such as burglary, robbery and sale of illegal
39 drugs in the areas immediately surrounding such medical marijuana dispensaries.
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41 G. The United States Supreme Court recently clarified in Gonzales v. Raich that the
42 provisions of the federal Controlled Substances Act apply to the personal medical use of marijuana
43 in California.
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45 H. On June 20, 2005 the City Council adopted an initial interim ordinance (Ordinance
Ordinance No. 2200 N.C.S. Page 1
1 No. 2214 N.C.S.) on an urgency basis and made certain findings. The City Council hereby again
2 makes those findings and finds that it is still necessary to study the possible adoption of amendments
3 to the City's Municipal Code and Zoning Ordinance in order to adopt legislation which conforms to
4 recently enacted SB 420 as well as recent state and federal case law.
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6 I. Based on the foregoing, the City Council finds that issuing permits, business licenses or
7 other applicable licenses or entitlements providing for the establishment and/or operation of
8 medical marijuana dispensaries, prior to the completion of the City's study of the potential impact of
9 such facilities, still poses a current and immediate threat to the public health, safety, and welfare,
10 and that therefore a temporary moratorium on the issuance of such permits, licenses and
11 entitlements is necessary.
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13 Section 2. Imposition of Moratorium
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15 A. In accordance with the authority granted the City of Petaluma under Government
16 Code Section 65858, from and after the date of this ordinance, no permit or any other applicable
17 license or entitlement for use, including but not limited to the issuance of a business license, shall be
18 approved or issued for the establishment or operation of a medical marijuana dispensary for a
19 period of ten months and fifteen days from the date of the adoption of this ordinance.
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21 B. For purposes of this ordinance, "medical marijuana dispensary" means any facility or
22 location where a primary caregiver intends to make available, sell, transmit, give, or otherwise
23 provide medical marijuana to two or more of the following: a qualified patient or a person with an
24 identification card, or a primary caregiver in strict accordance with Health and Safety Code Section
25 11362.5 et seg., including but not limited to Health & Safety Code Section 11362.7 (d) (2) and (3). The
26 terms "primary caregiver", "qualified patient", and "person with an identification card" shall be as
27 defined in Health and Safety Code Section 11362.5 et seg.
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29 C. For purposes of this ordinance, a "medical marijuana dispensary" shall not include
30 the following uses, as long as the location of such uses are otherwise regulated by applicable law: a
31 clinic licensed pursuant to Chapter 1 of Division 2 of the Health & Safety Code, a health care facility
32 licensed pursuant to Chapter 2 of Division 2 of the Health & Safety Code, a residential care facility for
33 persons with chronic life -threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the
34 Health & Safety Code, a residential care facility for the elderly licensed pursuant to Chapter 3.2 of
35 Division 2 of the Health & Safety Code, a residential hospice, or a home health agency licensed
36 pursuant to Chapter 8 of the Health & Safety Code, as long as any such use complies strictly with
37 applicable law including, but not limited to, Health & Safety Code Section 11362.5 et sea.
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39 D. This ordinance is an interim ordinance adopted as an urgency measure pursuant to
40 the authority granted the City of Petaluma under Government Code Section 65858 and is for the
41 immediate preservation of the public safety, health and welfare. The facts constituting the urgency
42 are: California cities which have permitted the establishment of medical marijuana dispensaries
43 have recognized that doing so has resulted in the creation of negative secondary effects such as an
44 increase in crime, including burglary, robbery and the sale of illegal drugs, in the areas immediately
45 surrounding medical marijuana dispensaries. The City of Petaluma does not currently have
46 standards in the Petaluma Municipal Code or Zoning Ordinance related to the location, operation
47 and concentration of medical marijuana dispensaries within the City. Absent the adoption of this
48 urgency ordinance, the establishment and operation of medical marijuana dispensaries in the City
49 would result in the harmful secondary effects identified above. As a result of the harmful secondary
50 effects associated with medical marijuana dispensaries and the current and immediate threat such
51 secondary effects pose to the public health, safety and welfare, it is necessary to, in accordance
52 with Government Code Section 65858, extend for a period of ten months and fifteen days the initial
Ordinance No. 2200 N.C.S. Page 2
1 interim ordinance (Ordinance No. 2214 N.C.S.) and extend the moratorium on the establishment and
2 operation of new medical marijuana dispensaries in the City pending the completion of the City's
3 study of the potential impacts of medical marijuana dispensaries and possible amendments to the
4 City's Zoning Code.
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6 Section 3. Compliance with California Environmental Quality Act
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8 The City Council finds that this ordinance is not subject to the California Environmental Quality Act
9 ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably
10 foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a
11 project as defined in Section 15378) of the CEQA Guidelines (Title 14, Chapter 3 of the California
12 Code of Regulations) because it has no potential for resulting in physical change to the
13 environment, directly or indirectly; it prevents changes in the environment pending the completion
14 of the contemplated Zoning Code review.
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16 Section 4. Severability
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18 If any provision of this ordinance or the application thereof to any person or circumstance is held
19 invalid, the remainder of the ordinance, including the application of such part or provision to other
20 persons or circumstances shall not be affected thereby and shall continue in full force and effect. To
21 this end, provisions of this ordinance are severable. The City Council hereby declares that it would
22 have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof
23 irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs,
24 sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
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26 Section 5. Effective Date
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28 This ordinance shall become effective immediately upon adoption if adopted by at least four fifths
29 vote of the City Council and shall be in effect for ten months and fifteen days from the date of
3.0 adoption.
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32 INTRODUCED and ADOPTED this 1 st day of August, 2005 by the following vote:
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34 AYES: Canevaro, Mayor Glass, Vice Mayor Harris, Healy, Nau,
35 O'Brien, Torliatt
36 NOES: None
37 ABSENT: None
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David Glass, M
ATTEST:
APPROVED AS TO FORM:
okaott)
(J/t
Claire Cooper, CMC, City Clerk Richard Rudriansky, �ity ttorney
Ordinance No. 2200 N.C.S.
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