HomeMy WebLinkAboutOrdinance 2214 N.C.S. 06/20/2005EFFECTIVE DATE ORDINANCE NO. 2214 N.C.S.
OF ORDINANCE
June 20, 2005
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Introduced by Seconded by
David Glass Keith Canevaro
AN URGENCY ORDINANCE OF THE CITY OF PETALUMA
MAKING 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. seq• 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.
H, The City Council finds that it is necessary to study the possible adoption of
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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 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 seq., including but not limited to Health 8~ Safety Code Section 1 1362.7 (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 sec.
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
ctinic.licensed pursuant to Chapter l of Division 2 of the Health 8~ 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 8~ 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 8~ Safety Code, as long as any such use complies strictly with
applicable law including, but not limited to, Health 8~ Safety Code Section 1 1362.5 et sec.
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, 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
1 possible amendments to the City's Zoning Code.
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3 Section 3. Compliance with California Environmental Quality Act
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5 The City Council finds that this ordinance is not subject to the California Environmental Quality Act
6 ("CEQA") pursuant to Sections 15060(c) (2) (the activity will not result in a direct or reasonably
7 foreseeable indirect physical change in the environment) and 15060(c) (3) (the activity is not a
8 project as defined in Section 15378) of the CEQA Guidelines (Title 14, Chapter 3 of the California
9 Code of Regulations) because it has no potential for resulting in physical change to the
10 environment, directly or indirectly; it prevents changes in the environment pending the completion
11 of the contemplated Zoning Code review.
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13 Section 4. Severability
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15 If any provision of this ordinance or the application thereof to any person or circumstance is held
16 invalid, the remainder of the ordinance, including the application of such part or provision to other
17 persons or circumstances shall not be affected thereby and shall continue in full force and effect. To
18 this end, provisions of this ordinance are severable. The City Council hereby declares that it would
19 have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof
2 0 irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs,
21 sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
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2 3 Section 5. Effective Date
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2 5 This ordinance shall become effective immediately upon adoption if adopted by at least six-
2 6 sevenths vote of the City Council and shall be in effect for forty-five days from the date of adoption
2 7 unless extended by the City Council as provided for in the Government Code.
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2 9 INTRODUCED, ADOPTED AND ORDERED posted/published this 20'h day of June 2005, by the
30 following vote:
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32 AYES: Canevaro, Mayor Glass, Healy, Nau, O'Brien, Torliatt
33 NOES: None
34 ABSENT: Vice Mayor Harris :.
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3 g David Glass, Mayor
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42 ATTEST: APPROVED AS TO FORM:
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4 4 ~°'" '
4 6 ~~~~ 4
4 7 Claire Cooper, CMC, City Clerk Richar R. Rudnansky,~City ttor ey
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