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Home My WebLink AboutOrd 21-05 MarijuanaDispensary ORDINANCE NO. 21 - 05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ..........********* AN URGENCY ORDINANCE MAKING FINDINGS AND ADOPTING A MORATORIUM ON THE ESTABLJSHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES, TO BECOME EFFECTIVE IMMEDIATELY RECITALS 1. 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"). 2. 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. 3. On January 1,2004, sa 420 went into effect. sa 420 was enacted by the State Legislature 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 sa 420. 4. The Dublin Murucipal 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 dispensaries, it is necessary for the City of Dublin 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 HIe gal drugs in the areas immediately surrounding such medical marijuana dispensaries. 8. The City Council finds that it is necessary to study the possible adoption of amendments to the City's Zoning Code in order to adopt legislation which, to the extent possible, conforms to the Compassionate Use Act and sa 420 as well as the recent decision of the United States Supreme Court in Gonzales v. Raich clarifying that the provisions of the federal Controlled Substances Act apply to the personal medical use of marijuana in California pursuant to the Compassionate Use Act. 9. The Community Development Director, in conjunction with the Chief of Police and the City Attorney, shall inunediately commence to take steps to conduct a study of the potential impacts of medical marijuana dispensaries and possible amendments to the City's Zoning Code related to medical marijuana dispensaries. rage I on WHEREAS, based on the foregoing, 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 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. NOW THEREFORE, THE CITY COUNCIL HEREBY ORDAINS AS FOLLOWS, ADOPTED AS AN INTERIM ORDINANCE UNDER THE PROVISIONS OF GOVERNMENT CODE SECTION 65858: A. Initiation of Study of Potential Impacts of Medical Marijuana Dispensary. Staff is hereby directed 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 welfare. Staff shall also 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. 1. In accordance with the authority granted the City of Dublin under Government Code Section 65858, rrom 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 4 5 days. 2. 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 ~., 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~. 3. 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 I of Division 2 of the Health & Safety Code, a health care tàcility licensed pursuant to Chapter 2 of Division 2 ofthe Health & Safety Code, a residential care facility for persons with ChrOIÚC life..threatelÚng îlIness 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 11 m· C. Autbority; Urgency Statement. This ordinance is an interim ordinance adopted as an urgency measure pursuant to Government Code Section 65858 and is for the inunediate 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 ofthis 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 harmfu1 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 possible amendments to the City's Zoning Code. E. 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 rrom CEQA under section 15308 of the State CEQA Guidelines because it is a regulatory action taken by the City, in accordance with Government Code section 65858, to assure maintenance and protection ofthe environment pending completion of the study. F. Severability. Ifany 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. G. 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 forty~five days rrom the date of adoption unless extended by the City Council as provided for in Government Code section 65858. PASSED, APPROVED and ADOPTED this 16th day of August, 2005, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Councilmembers Hildenbrand, McCormick, Oravetz and Zika, and Mayor Lockhart None None None .Jot ,"'- ~ City lerk O:\CC·MTOS\200~-qlt3\Aug\08·16-0~ 21.o~ w¡¡oncy m<dioaJ msrijwma.DOC (&m 6.2)