HomeMy WebLinkAboutOrd 22-05 MedicalMarijuanaDisp
ORDINANCE NO. 22 - 05
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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AN URGENCY ORDINANCE MAKING FINDINGS AND EXTENDING A
MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF MEDICAL
MARIJUANA DISPENSARIES, TO BECOME EFFECTIVE IMMEDIATELY
RECITALS
1. On August 16,2005, the City Council of the City of Dublin held a duly noticed public
hearing and adopted Ordinance No, 21-05 as an urgency ordinance imposing a forty-five day moratorium
on the operation and establishment of medical marijuana dispensaries,
2, Ordinance No. 21-05 will, unless extended, expire by its own terms on September 30,2005.
3, Government Code Section 65858 authorizes the extension of an urgency ordinance, after a
noticed public hearing, to prohibit uses of land which may conflict with a contemplated general plan,
specific plan or zoning proposal which the legislative body, planning commission or the planning
department is considering or studying or intends to study within a reasonable period of time,
4, The DubUn Municipal Code and Zoning Code are silent with regard to the regulation and
location of medical marijuana dispensaries.
5, The City of Dublin has received inquiries regarding the permitting and establishment of
medical marijuana dispensaries within the City,
6. In order to address both community and statewide concerns regarding the establishment of
medical marijuana dispehsaries, it is necessary for the City of DubUn to study the potential impact such
facilities may have on the public health, safety and welfare.
7. 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 sulTounding such medical marijuana dispensaries.
8. The City Council finds that it is necessary to study the possible adoption of amendments to
the City'sloning Code in order to adopt legislation which, to the extent possible, conforms to the
Compassionate Use Act and SB 420 as well as the recent decision of the United States Supreme Court in
Gonzales v. Raich clarifying that the provisions ofthe federal Controlled Substances Act apply to the
personal medical use of marijuana in California pursuant to the Compassionate Use Act.
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9. City staff has commenced a study of the potential impacts of medical marijuana dispensaries
and possible amendments to the City's Zoning Code related to such uses and this process is still ongoing.
10. The City Council has received, considered and adopted a report prepared by staff describing
the study and the measures that have been taken to date to alleviate the condition which led to the adoption
of the initial urgency ordinance.
II. The City Council has conducted a properly noticed pubHc hearing pursuant to Government
Code Section 65090, and has duly considered all written and verbal testimony presented during the hearing.
WHEREAS, based on the foregoing and on the findings adopted pursuant to Ordinance No. 21-05,
the City Council finds that issuing permits, business licenses or other applicable 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 fucilities, 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 still necessary.
NOW THEREFORE, THE CITY COUNCIL ORDAINS AS FOLLOWS, ADOPTED AS AN
INTERIM ORDINANCE UNDER THE PROVISIONS OF GOVERNMENT CODE SECTION
65858:
A. Continuation of Study of Potential Impacts of Medical Marijuana Dispensary. Staff
is hereby directed to continue to study the potential harmful secondary effects associated with medical
marijuana dispensaries and the current and immediate threat such secondary effects pose to the public
health, safety and weltàre. Staff shall also continue to study possible amendments to the City's Zoning
Code related to medical marijuana dispensaries that may mitigate the potential threat to the public health,
safety and welfare,
B. Moratorium Imposed.
L In accordance with the authority granted the City of Dublin under Government Code
Section 65858, from and after the date of this ordinance, no use permit, variance, building permit, or any
other applicable 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.
2. For purposes of this ordinance, "medical marijuana dispensary" means any fucility 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 ~ ~.,
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.
3. For purposes of this ordinance, a "medical marijuana dispensary" shan not include the
following uses, as long as the location of such uses are otherwise regulated by applicable law: a clinic
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licensed pursuant to Chapter I 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 tòr persons with
chronic lite-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health & Safety
Code, a residential care facility tòr 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 sea.
C. Authority; Urgency Statement. This ordinance is an interim ordinance adopted as an urgency
measure pursuant to Government Code Section 65858 and is for the immediate preservation of the public
peace, health and welfare. The facts constituting the urgency are these: 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 Dublin has received
inquiries regarding the permitting and establishment of medical marijuana dispensaries within the City and
several neighboring cities have or are in the process of adopting moratoriums that may increase the likelihood
that a medical marijuana dispensary will seek to open in the City. The City of Dublin does not currently have
standards in the Dublin Zoning Code 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 ten month fifteen 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.
D. Compliance with California Environmental Quality Act. This ordinance is not a
"project" within the meaning of Section 15378 of the State CEQA Guidelines, because it has no potential
for resulting in physical change in the environment, directly or ultimately; it prevents changes in the
environment pending the completion of the study. This urgency ordinance is categorically exempt from
CEQA under section 15308 of the State CEQA Guidelines because it is a re!,'lllatory action taken by the
City, in accordance with Government Code section 65858, to assure maintenance and protection of the
environment pending completion of the study.
E. 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 anyone or more sections, subsections, subdivisions, paragraphs, sentences,
clauses, or phrases be held unconstitutional, invalid, or unenforceable.
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F. Effective Date. This ordinance shall become effective immediately upon adoption if
adopted by at least a four-fifths vote of the City Council and shall be in effect for ten months and fifteen
days from the date of adoption unless extended by the City Council as provided for in Government Code
section 65858.
PASSED, APPROVED and ADOPTED this 201h day of September 2005 by the following vote:
AYES: Councilmembers Hildenbrand, McConnick, Oravetz and Zika, and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: None
ATTá
_ ~ l!\J\. ~11 /}I\-)
Fawn Holman, City Clerk
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