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ITEM 9.C.
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
DATE: March 1, 2011
TO: The Honorable City Council
FROM: Jose E. Pulido, City Manag r
By: Joseph M. Lambert, Community Development Manager
SUBJECT: PUBLIC HEARING: CONSIDERATION OF CHANGES TO THE ZONING
CODE ADDING SECTION 9459 TO ARTICLE T OF CHAPTER 1 OF
TITLE 9 OF THE TEMPLE CITY MUNICIPAL CODE PROHIBITING THE
ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA
DISPENSARIES IN THE CITY.
RECOMMENDATION:
The City Council is requested to:
a) Introduce Ordinance No. 11-942 for first reading by title only; and
b) Waive further reading of Ordinance No. 11-942.
BACKGROUND:
1. On February 22, 2011, the Planning Commission adopted a Resolution
recommending that the City Council adopt an Ordinance prohibiting medical
marijuana dispensaries in Temple City.
2. On April 21, 2009, the City Council adopted Ordinance No. 09-925U establishing an
interim urgency ordinance prohibiting Medical Marijuana Dispensary businesses for
a period of forty-five days. On June 2, 2009, Ordinance No. 09-926U was adopted
to extend the moratorium on Medical Marijuana Dispensaries for an additional ten
months and fifteen days. Finally, on April 6, 2010, the City Council adopted
Ordinance No. 10-933U to extend the moratorium an additional year, expiring on
April 21, 2011.
ANALYSIS:
Since the adoption of the initial moratorium prohibiting medical marijuana dispensaries,
the City Council continued to extend the moratorium, and has consistently supported the
City Council
March 1, 2011
Page 2
prohibition of medical marijuana dispensaries in the City and in nearby jurisdictions. Due
to the scheduled expiration of the moratorium, it is necessary for Temple City to adopt a
permanent Ordinance regulating medical marijuana dispensaries in the City. If said
Ordinance does not go into effect by April 21, 2011, there would be a lapse in regulations
regarding medical marijuana dispensaries until that ordinance goes into effect.
The proposed Medical Marijuana Ordinance that will prohibit all commercial medical
marijuana dispensaries, consistent with the existing moratorium on such uses. For
purposes of regulating medical marijuana, the draft Ordinance defines a Medical
Marijuana Dispensary as: any business, facility, use, establishment or location, whether
fixed or mobile, where Medical Marijuana is made available to, delivered to and/or
distributed by or to three or more of the following: a "primary caregiver," "a qualified
patient," or a person with an "identification card," as these terms are defined in
California Health and Safety Code section 11362.
Although the Ordinance as written would prohibit dispensaries, it would not prohibit
qualified individuals with a physician's recommendation from procuring their own
medical marijuana within a private residence, in accordance with State law. In fact, it is
widely accepted that the intent of Proposition 215 (the Compassionate Use Act of 1996)
was to enable seriously ill Californians to legally possess, use, and cultivate marijuana
under limited, specified circumstances. Therefore, the draft Ordinance was crafted to
prohibit medical marijuana businesses, but will not infringe on the rights of qualified
individuals to obtain medical marijuana.
As stated above, the draft Ordinance defines a Medical Marijuana Dispensary as: any
business, facility, use, establishment or location, whether fixed or mobile, where Medical
Marijuana is made available to, delivered to and/or distributed by or to three or more of
the following: a "primary caregiver," "a qualified patient," or a person with an "identification
card." The Assistant City Attorney has indicated that in defining what a "Dispensary" is,
using a collective of three or more individuals is the most conservative approach
advisable. However, the City Council may consider changing the definition of a
"Dispensary" to four or five qualified individuals, but it should be noted that the Planning
Commission recommended leaving the definition at "three."
CONCLUSION:
State law permits prescribing and distributing marijuana for medical purposes and it
appears that State law enforcement agencies continue to acknowledge State law
permitting use and distribution of marijuana for "medical" purposes. Therefore, it would
seem prudent to be proactive about governing uses that the City wishes to prohibit,
including medical marijuana dispensaries.
City Council
March 1, 2011
Page 3
FISCAL IMPACT
This item does not have an impact on the Fiscal Year (FY) 2010-11 City Budget.
ATTACHMENTS
A. Draft Ordinance No. 11-942
B. Resolution No. 11-2322 PC
C. Ordinance No. 10-933U (Existing Urgency Ordinance)
D. List of California Jurisdictions with Medical Marijuana Legislation
DRAFT
ORDINANCE NO. 11-942
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMPLE CITY, CALIFORNIA, ADDING SECTION 9459
TO ARTICLE T OF CHAPTER 1 OF TITLE 9 OF THE
TEMPLE CITY MUNICIPAL CODE PROHIBITING THE
ESTABLISHMENT AND OPERATION OF MEDICAL
MARIJUANA DISPENSARIES IN THE CITY.
WHEREAS, in 1996, the voters of the State of California approved Proposition
215, which was codified as Health and Safety Code Section 11362.5 and following, and
entitled the Compassionate Use Act of 1996 (the "Act").
WHEREAS, the intent of Proposition 215 was to enable seriously ill Californians to
legally possess, use, and cultivate marijuana under limited, specified circumstances.
WHEREAS, on January 1, 2004, Senate Bill ("SB") 420 went into effect. SB 420
was enacted by the Legislature to clarify the scope of the Act, and to allow cities and
counties to adopt and enforce rules and regulations consistent with SB 420 and the Act.
These new regulations and rules became known as the Medical Marijuana Program
which, among other things, enhanced the access of patients and caregivers to medical
marijuana through collective, cooperative cultivation projects.
WHEREAS, neither Proposition 215 nor SB 420 authorizes medical marijuana
dispensaries.
WHEREAS, the Temple City Municipal Code, including Title 9 (Zoning Code),
does not address or regulate in any manner the existence or location of medical
marijuana dispensaries.
WHEREAS, many California cities and counties have adopted ordinances
prohibiting or heavily regulating such dispensaries.
WHEREAS, Cities that have permitted the establishment of medical marijuana
dispensaries have witnessed an increase in crime, such as burglaries, robberies, and
sales of illegal drugs in the areas immediately surrounding such dispensaries.
WHEREAS, the United States Department of Justice's California Medical
Marijuana Information Report advised that large-scale drug traffickers have been posing
as "caregivers" to obtain and sell marijuana, thus increasing the likelihood that such
traffickers in illegal drugs in the City, thereby endangering the public health, safety and
welfare.
WHEREAS, a number of cities in Los Angeles County have prohibited or imposed
moratoria on medical marijuana dispensaries. This situation creates a substantially
increased likelihood persons will seek to locate in such establishments within the City of
Temple City, thus creating a potential current and immediate threat to the public health,
safety, or welfare.
WHEREAS, in April 2009, the California Police Chiefs Association Task Force on
Marijuana Dispensaries published a White Paper discussing the negative secondary
effects of medical marijuana dispensaries on the health, safety and welfare of the
communities where they have been established. The report analyzes several negative
secondary effects including armed robberies, murders, burglaries, drug dealing, money
laundering and organized crime. The report states, "Because they are repositories of
valuable marijuana crops and large amounts of cash, several operators of dispensaries
have been attacked and murdered by armed robbers both at their storefronts and homes,
and such places have been regularly burglarized. Drug dealing, sales to minors, loitering,
heavy vehicle and foot traffic in retail areas, increased noise, and robberies of customers
just outside dispensaries are also common ancillary byproducts of their operations. To
repel store invasions, firearms are often kept on hand inside dispensaries, and firearms
are used to hold up their proprietors." (California Police Chiefs Association's Task Force
on Marijuana Dispensaries White Paper at page V.)
WHEREAS, the City Council hereby finds and determines that events in other
cities and counties have demonstrated that substantial harmful secondary effects have
arisen from the operation of medical marijuana dispensaries, including but not limited to
increased crime rates that place additional burdens on law enforcement resources.
WHEREAS, marijuana presently is categorized as a Schedule I controlled
substance by the Federal Government. Schedule I drugs are classified as having a "high
potential for abuse" and "no currently accepted medical use."
WHEREAS, the Controlled Substance Act, a Federal law codified as 21 United
States Code Section 841, makes it unlawful for any person to manufacture, distribute, or
dispense marijuana, or to possess marijuana with the intent to manufacture, distribute, or
dispense this drug. Marijuana used for medical purposes is not exempt from the
Controlled Substances Act, and therefore, persons choosing to follow the provisions of
California laws are subject to prosecution under Federal laws for possession and use of
an unlawful controlled substance.
WHEREAS, the Supreme Court of the United States ruled in United States v.
Oakland Cannabis Buyers' Cooperative (2001) 532 U.S. 483, that notwithstanding
California law, the federal Controlled Substances Act continues to prohibit marijuana use,
distribution, and possession, and that no medical necessity exception exists to these
prohibitions.
WHEREAS, the Supreme Court of the United States ruled in Gonzales v. Raich
(2005) 545 U.S. 1, that pursuant to the commerce clause, the federal government has the
power to prohibit the local cultivation and use of marijuana, even though such cultivation
and use complies with California law.
WHEREAS, in Gonzales v. Raich, the Supreme Court of the United States did not
indicate that California law was invalid, but rather, merely indicated that the federal
government could continue to enforce its medicinal marijuana laws.
WHEREAS, this ordinance is enacted pursuant to the City's police power granted
by the Constitution of the State of California, in order to promote the health, safety, and
welfare of the residents of the City of Temple City.
WHEREAS, in enacting this ordinance, it is the Council's intention that nothing
contained herein be construed to allow persons to engage in conduct that endangers
others or causes a public nuisance, nor to allow any activity related to the cultivation,
distribution, or consumption of marijuana that is illegal.
WHEREAS, in light of these findings and facts, the City Council finds that it is
contrary to the public health, safety, and welfare to permit the operation of medical
marijuana dispensaries, as defined herein, within the City of Temple City.
WHEREAS, based upon its concerns regarding the adverse impacts on those
communities where medical marijuana dispensaries have been established, and until the
inconsistency between federal and state law is finally resolved, and until additional
information regarding the impacts of medical marijuana dispensing is considered, it is the
intent of the City Council of the City of Temple City to prohibit medical marijuana
dispensaries within the City.
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS
FOLLOWS:
SECTION 1: Addition of Section 9459. A new Section 9459 is added to Article T
of Chapter 1 of Title 9 of the Temple City Municipal Code entitled "Medical Marijuana
Dispensaries," as shown in Exhibit "A" attached hereto.
SECTION 2: Compliance With CEQA. The City Council finds that this
ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to
Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment) and 15060(c)(3) (the activity is not a
project as defined in Section 15378) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical
change to the environment, directly or indirectly.
SECTION 3: Severability. The City Council hereby declares that, should any
provision, section, subsection, paragraph, sentence, clause, phrase, or word of this
Ordinance or any part thereof, be rendered or declared invalid or unconstitutional by any
final court action in a court of competent jurisdiction or by reason of any preemptive
legislation, such decision or action shall not affect the validity of the remaining section or
portions of the Ordinance or part thereof. The City Council hereby declares that it would
have independently adopted the remaining provisions, sections, subsections, paragraphs,
sentences, clauses, phrases, or words of this Ordinance irrespective of the fact that any
one or more provisions, sections, subsections, paragraphs, sentences, clauses, phrases,
or words may be declared invalid or unconstitutional.
SECTION 4: Publication. The City Clerk shall certify to the passage and
adoption of this Ordinance and to its approval by the Mayor and shall cause the same to
be published according to law.
APPROVED AND ADOPTED on this 1St day of March, 2011.
Mayor
ATTEST:
City Clerk
I, City Clerk of the City of Temple City, do hereby certify that the foregoing
Ordinance, Ordinance No. 11-942, was introduced at the regular meeting of the City
Council of the City of Temple City held on the 1st day of March, 2011 and was duly
passed, approved and adopted by said Council at their regular meeting held on the 15t
day of March, 2011 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmember-
Councilmember-
Councilmember-
Councilmember-
City Clerk
EXHIBIT "A"
Section 9459 Medical Marijuana Dispensaries.
(a) Definitions
(1) "Establish" or "Operate" a medical marijuana dispensary (as defined in
this Section) means and includes any of the following:
(a) The opening or commencement of the operation of a medical
marijuana dispensary;
(b) The conversion of an existing business, facility, use establishment,
or location to a medical marijuana dispensary;
(c) The addition of a medical marijuana dispensary to any other
existing business, facility, use, establishment or location.
(2) "Marijuana" means all parts of the plant Cannabis, whether growing or not;
the seeds thereof; the resin extracted from any part of the plant; and every compound
manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It
includes Marijuana infused in foodstuff. It does not include the mature stalks of the
plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any
other compound, manufacture, salt, derivative, mixture, or preparation of the mature
stalks (except resin extracted therefrom), fiber, oil, or cake, or the sterilized seeds of the
plant that are incapable of germination.
(3) "Medical Marijuana" is Marijuana used for medical purposes where that
medical use is deemed appropriate and has been recommended by a physician who
has determined that the person's health would benefit from the use of Marijuana in the
treatment of acquire immune deficiency syndrome ("AIDS"), anorexia, arthritis, cancer,
chronic pain, glaucoma, migraine, spasticity, or any other serious medical condition for
which Marijuana is deemed to provide relief as defined in subsection (h) of Health and
Safety Code Section 11362.7.
(4) "Medical Marijuana Dispensary" means any business, facility, use,
establishment or location, whether fixed or mobile, where Medical Marijuana is made
available to, delivered to and/or distributed by or to three or more of the following: a
"primary caregiver," "a qualified patient," or a person with an "identification card," as
these terms are defined in California Health and Safety Code section 11362.5 and
following. A "Medical Marijuana Dispensary" does not include the following uses, as
long as the location of such uses are otherwise regulated by this code or applicable law:
a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a
health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and 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 and Safety Code, a residential care
facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and
Safety Code, a residential hospice, or a home health agency licensed pursuant to
Chapter 8 of Division 2 of the Health and Safety Code, as long as any such use
complies strictly with applicable law including, but not limited to, Health and Safety
Code section 11362.5 and following.
(b) Medical Marijuana Dispensaries Prohibited.
1. Medical Marijuana Dispensaries are prohibited in all zones in the City and
shall not be established or operated anywhere in the City.
2. No person may own, establish, open, operate, conduct, or manage a
Medical Marijuana Dispensary in the City, or be the lessor of property where a Medical
Marijuana Dispensary is located. No person may participate as an employee,
contractor, agent, volunteer, or in any manner or capacity in any Medical Marijuana
Dispensary in the City.
3. No use permit, site development permit, tentative map, parcel map,
variance, grading permit, building permit, building plans, zone change, business
license, certificate of occupancy or other applicable approval will be accepted, approved
or issued for the establishment or operation of a Medical Marijuana Dispensary.
4. Nothing contained in this Section shall be deemed to permit or authorize
any use or activity which is otherwise prohibited by any state or federal law.
(c) Civil Injunction.
The violation of this Section shall be and is hereby declared to be a public nuisance and
contrary to the public interest and shall, at the discretion of the City, create a cause of
action for injunctive relief.
RESOLUTION NO. 11-2322 PC
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMPLE CITY RECOMMENDING
AMENDMENTS TO THE TEMPLE CITY ZONING CODE,
ADDING SECTION 9459 TO ARTICLE T OF CHAPTER 1
OF TITLE 9 OF THE TEMPLE CITY MUNICIPAL CODE
PROHIBITING THE ESTABLISHMENT AND OPERATION
OF MEDICAL MARIJUANA DISPENSARIES IN THE CITY.
The Planning Commission of the City of Temple City does hereby resolve:
SECTION 1. Based upon information presented in a Staff Report dated
February 22, 2011, and based upon a Public Hearing on February 22, 2011 to consider
certain specific amendments to the Zoning Code the Planning Commission makes the
following findings:
WHEREAS, in 1996, the voters of the State of California approved
Proposition 215, which was codified as Health and Safety Code Section 11362.5 and
following, and entitled the Compassionate Use Act of 1996 (the "Act").
WHEREAS, the intent of Proposition 215 was to enable seriously ill
Californians to legally possess, use, and cultivate marijuana under limited, specified
circumstances.
WHEREAS, on January 1, 2004, Senate Bill ("SB") 420 went into effect. SB
420 was enacted by the Legislature to clarify the scope of the Act, and to allow cities and
counties to adopt and enforce rules and regulations consistent with SB 420 and the Act.
These new regulations and rules became known as the Medical Marijuana Program
which, among other things, enhanced the access of patients and caregivers to medical
marijuana through collective, cooperative cultivation projects.
WHEREAS, neither Proposition 215 nor SB 420 authorizes medical
marijuana dispensaries.
WHEREAS, the Temple City Municipal Code, including Title 9 (Zoning
Code), does not address or regulate in any manner the existence or location of medical
marijuana dispensaries.
WHEREAS, many California cities and counties have adopted ordinances
prohibiting or heavily regulating such dispensaries.
WHEREAS, Cities that have permitted the establishment of medical
marijuana dispensaries have witnessed an increase in crime, such as burglaries,
robberies, and sales of illegal drugs in the areas immediately surrounding such
dispensaries.
Resolution No. 11-2322 PC Page 2
Medical Marijuana Dispensaries
WHEREAS, the United States Department of Justice's California Medical
Marijuana Information Report advised that large-scale drug traffickers have been posing
as "caregivers" to obtain and sell marijuana, thus increasing the likelihood that such
traffickers in illegal drugs in the City, thereby endangering the public health, safety and
welfare.
WHEREAS, a number of cities in Los Angeles County have prohibited or
imposed moratoria on medical marijuana dispensaries. This situation creates a
substantially increased likelihood persons will seek to locate in such establishments within
the City of Temple City, thus creating a potential current and immediate threat to the public
health, safety, or welfare.
WHEREAS, in April 2009, the Califomia Police Chiefs Association Task
Force on Marijuana Dispensaries published a White Paper discussing the negative
secondary effects of medical marijuana dispensaries on the health, safety and welfare of
the communities where they have been established. The report analyzes several negative
secondary effects including armed robberies, murders, burglaries, drug dealing, money
laundering and organized crime. The report states, "Because they are repositories of
valuable marijuana crops and large amounts of cash, several operators of dispensaries
have been attacked and murdered by armed robbers both at their storefronts and homes,
and such places have been regularly burglarized. Drug dealing, sales to minors, loitering,
heavy vehicle and foot traffic in retail areas, increased noise, and robberies of customers
just outside dispensaries are also common ancillary byproducts of their operations. To
repel store invasions, firearms are often kept on hand inside dispensaries, and firearms
are used to hold up their proprietors." (California Police Chiefs Association's Task Force
on Marijuana Dispensaries White Paper at page V.)
WHEREAS, the Planning Commission hereby finds and determines that
events in other cities and counties have demonstrated that substantial harmful secondary
effects have arisen from the operation of medical marijuana dispensaries, including but not
limited to increased crime rates that place additional burdens on law enforcement
resources.
WHEREAS, marijuana presently is categorized as a Schedule I controlled
substance by the Federal Government. Schedule I drugs are classified as having a "high
potential for abuse" and "no currently accepted medical use."
WHEREAS, the Controlled Substance Act, a Federal law codified as 21
United States Code Section 841, makes it unlawful for any person to manufacture,
distribute, or dispense marijuana, or to possess marijuana with the intent to manufacture,
distribute, or dispense this drug. Marijuana used for medical purposes is not exempt from
the Controlled Substances Act, and therefore, persons choosing to follow the provisions of
California laws are subject to prosecution under Federal laws for possession and use of an
unlawful controlled substance.
Resolution No. 11-2322 PC Page 3
Medical Marijuana Dispensaries
WHEREAS, the Supreme Court of the United States ruled in United States
v. Oakland Cannabis Buyers' Cooperative (2001) 532 U.S. 483, that notwithstanding
California law, the federal Controlled Substances Act continues to prohibit marijuana use,
distribution, and possession, and that no medical necessity exception exists to these
prohibitions.
WHEREAS, the Supreme Court of the United States ruled in Gonzales v.
Raich (2005) 545 U.S. 1, that pursuant to the commerce clause, the federal government
has the power to prohibit the local cultivation and use of marijuana, even though such
cultivation and use complies with Califomia law.
WHEREAS, in Gonzales v. Raich, the Supreme Court of the United States
did not indicate that California law was invalid, but rather, merely indicated that the federal
government could continue to enforce its medicinal marijuana laws.
WHEREAS, this ordinance is enacted pursuant to the City's police power
granted by the Constitution of the State of California, in order to promote the health, safety,
and welfare of the residents of the City of Temple City.
WHEREAS, in enacting this ordinance, it is the Planning Commission's
intention that nothing contained herein be construed to allow persons to engage in conduct
that endangers others or causes a public nuisance, nor to allow any activity related to the
cultivation, distribution, or consumption of marijuana that is illegal.
WHEREAS, in light of these findings and facts, the Planning Commission
finds that it is contrary to the public health, safety, and welfare to permit the operation of
medical marijuana dispensaries, as defined herein, within the City of Temple City.
WHEREAS, based upon its concerns regarding the adverse impacts on
those communities where medical marijuana dispensaries have been established, and
until the inconsistency between federal and state law is finally resolved, and until additional
information regarding the impacts of medical marijuana dispensing is considered, it is the
intent of the Planning Commission of the City of Temple City to prohibit medical marijuana
dispensaries within the City.
SECTION 2. Addition of Section 9459. The Planning Commission
recommends that the City Council add a new Section 9459 to Article T of Chapter 1 of
Title 9 of the Temple City Municipal Code entitled "Medical Marijuana Dispensaries," as
shown in Exhibit "A" attached hereto.
Resolution No. 11 2322 PC Page 4
Medical Marijuana Dispensaries
SECTION 3: Compliance With CEQA. The Planning Commission
recommends that the City Council find that this code amendment and adoption of the
related ordinance is not subject to the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably
foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is
not a project as defined in Section 15378) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical
change to the environment, directly or indirectly.
SECTION 4. The secretary shall certify to the adoption of this Resolution
Chairman
1 hereby certify that the foregoing Resolution was duly adopted by the Planning
Commission of the City of Temple City at a regular meeting held on the 22"d of
February, 2011 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioner- Chen, Horton, 0' Leary
Commissioner- Valenzuela
Commissioner- Seibert
Commissioner- None
Secretary
Resolution No. 11-2322 PC Page 5
Medical Marijuana Dispensaries
EXHIBIT "A"
Section 9459 Medical Marijuana Dispensaries.
(a) Definitions
(1) "Establish" or "Operate" a medical marijuana dispensary (as defined in this
Section) means and includes any of the following:
(a) The opening or commencement of the operation of a medical
marijuana dispensary;
(b) The conversion of an existing business, facility, use establishment,
or location to a medical marijuana dispensary;
(c) The addition of a medical marijuana dispensary to any other
existing business, facility, use, establishment or location.
(2) "Marijuana" means all parts of the plant Cannabis, whether growing or not;
the seeds thereof; the resin extracted from any part of the plant; and every compound
manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It
includes Marijuana infused in foodstuff. It does not include the mature stalks of the
plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any
other compound, manufacture, salt, derivative, mixture, or preparation of the mature
stalks (except resin extracted therefrom), fiber, oil, or cake, or the sterilized seeds of the
plant that are incapable of germination.
(3) "Medical Marijuana" is Marijuana used for medical purposes where that
medical use is deemed appropriate and has been recommended by a physician who
has determined that the person's health would benefit from the use of Marijuana in the
treatment of acquire immune deficiency syndrome ("AIDS"), anorexia, arthritis, cancer,
chronic pain, glaucoma, migraine, spasticity, or any other serious medical condition for
which Marijuana is deemed to provide relief as defined in subsection (h) of Health and
Safety Code Section 11362.7.
Resolution No. 11-2322 PC Page 6
Medical Marijuana Dispensaries
(4) "Medical Marijuana Dispensary" means any business, facility, use,
establishment or location, whether fixed or mobile, where Medical Marijuana is made
available to, delivered to and/or distributed by or to three or more of the following: a
"primary caregiver," "a qualified patient," or a person with an "identification card," as
these terms are defined in California Health and Safety Code section 11362.5 and
following. A "Medical Marijuana Dispensary" does not include the following uses, as
long as the location of such uses are otherwise regulated by this code or applicable law:
a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a
health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and 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 and Safety Code, a residential care
facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and
Safety Code, a residential hospice, or a home health agency licensed pursuant to
Chapter 8 of Division 2 of the Health and Safety Code, as long as any such use
complies strictly with applicable law including, but not limited to, Health and Safety Code
section 11362.5 and following.
(b) Medical Marijuana Dispensaries Prohibited
1. Medical Marijuana Dispensaries are prohibited in all zones in the City and
shall not be established or operated anywhere in the City.
2. No person may own, establish, open, operate, conduct, or manage a
Medical Marijuana Dispensary in the City, or be the lessor of property where a Medical
Marijuana Dispensary is located. No person may participate as an employee,
contractor, agent, volunteer, or in any manner or capacity in any Medical Marijuana
Dispensary in the City.
3. No use permit, site development permit, tentative map, parcel map,
variance, grading permit, building permit, building plans, zone change, business license,
Resolution No. 11-2322 PC Page 7
Medical Marijuana Dispensaries
certificate of occupancy or other applicable approval will be accepted, approved or
issued for the establishment or operation of a Medical Marijuana Dispensary.
4. Nothing contained in this Section shall be deemed to permit or authorize
any use or activity which is otherwise prohibited by any state or federal law.
(c) Civil Injunction.
The violation of this Section shall be and is hereby declared to be a public nuisance and
contrary to the public interest and shall, at the discretion of the City, create a cause of
action for injunctive relief.
ORDINANCE NO. 10-933U
AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCILOF THE CITY
OF TEMPLE CITY, CALIFORNIA, EXTENDING THE PROVISIONS OF
ORDINANCE NOS. 09-925U AND 09-926U TO CONTINUE FOR A PERIOD OF
ONE (1) YEAR THE MORATORIUM BOTH ON NEW MEDICAL MARIJUANA
DISPENSARIES AND ON THE DISTRIBUTION OF MEDICAL MARIJUANA AT
EXISTING BUSINESSES IN THE CITY
WHEREAS, at a duly noticed public meeting on April 21, 2009, and after hearing and considering public
testimony, the City Council of the City of Temple City adopted Ordinance No. 09-925U, an interim urgency ordinance
establishing a moratorium on Medical Marijuana Dispensaries in the City for a period of forty-five (45) days pending a
resolution of the conflict in Federal and State law on this issue and pending completion of an update to the City's
Zoning Ordinances.
WHEREAS, at a duly noticed public meeting on June 2, 2009, and after hearing and considering public
testimony, the City Council of the City of Temple City adopted Ordinance No. 09-926U, the first extension of Ordinance
No. 09-925U allowed pursuant to Government Code Section 65858, continuing the moratorium for an additional period
of ten (10) months and fifteen (15) days because the conflict in Federal and State law on this issue had not been
resolved and the update to the City's Zoning Ordinances not completed.
WHEREAS, Government Code Section 65858(a) authorizes the City Council to continue the effect of
Ordinance Nos. 09-925U and 09-926U for an additional period of one (1) year.
WHEREAS, at a duly noticed public hearing on April 6, 2010, the City Council considered and heard public
testimony to continue the effect of the moratorium on medical marijuana dispensaries and on the sale of medical
marijuana at existing businesses for an additional period of one (1) year, or up to and including April 21, 2011.
NOW, THEREFORE, the City Council of the City of Temple City does ordain as follows:
SECTION 1. Findings
A. The above recitals are true and correct and are incorporated herein as if set forth in full.
B. The recitals, text, moratorium and findings made in Ordinance Nos. 09-925U and 09-926U are hereby
reaffirmed, readopted and incorporated by reference as though they were fully restated herein.
C. Pursuant to Government Code § 65858(d), 10 days prior to the expiration of Ordinance No. 09-926U,
the City Council issued a written report describing the measures taken to alleviate the conditions which led to the
adoption of Ordinance Nos. 09-925U and 09-926U.
D. The immediate threat to and specific adverse impacts upon the public health safety and welfare that
would result from unregulated development of medical marijuana dispensaries justifies continuation of the interim
urgency moratorium on that type of use.
E. The establishment of medical marijuana dispensaries without appropriate rules and regulations could
result in the creation of negative secondary effects such as an increase in crime in the areas immediately surrounding
such dispensaries and an irreversible incompatibility of land uses. Other jurisdictions such as the City of West
Hollywood, City of Anaheim, City of Hayward, and Alameda County have received and investigated a number of
complaints of violent criminal activity, including armed robberies, burglaries, and other drug -related arrests at or near
medical marijuana dispensaries. Such criminal activity is the type of negative secondary effect associated with the
presence of medical marijuana facilities that a zoning study will seek to limit.
F. To allow additional time for the City to consider, study, and enact regulations for medical marijuana
dispensaries, it is necessary to continue the temporary suspension of the approval of medical marijuana dispensaries
and to prohibit existing businesses from selling medical marijuana as such uses may be in conflict with the
development standards and implementation regulations that the City will ultimately impose after the City has
considered and studied this issue, which will be accomplished within a reasonable time.
G. Since the adoption of Ordinance No. 09-926U, the legal status of medical marijuana dispensaries has
remained unsettled. Specifically, the United States Attorney General's office stated that it would not be engaging in
the enforcement of marijuana laws as against medical marijuana users. No statement was made about dispensaries.
The City of Los Angeles enacted a sweeping ban on medical marijuana dispensaries, disallowing any new
dispensaries and requiring all but a specified number to close their doors by a date certain. The courts have issued
conflicting decisions about medical marijuana dispensaries, with the most recent being a California Supreme Court
holding in People v. Kelly (January 21, 2010) that portions of the regulatory law set up pursuant to the Compassionate
Use Act ("Act") and Senate Bill 420 ("SB 420") actually go beyond what those laws allow and are themselves not
lawful.
H, The judicial matter that prompted the City to adopt the moratorium Qualified Patients Association v.
City of Anaheim, has been delayed due to the appellate court seeking additional briefing on the matter. This case
turns on whether medical marijuana dispensaries are required by or protected by the Act or SB 420 and the decision is
expected to resolve whether municipalities have the authority to prohibit dispensaries. A decision in the matter had
been anticipated before the end of calendar year 2009 but will now not be issued until after the effectiveness of
Ordinance No. 09-926U has expired. Thus, there remains substantial uncertainty about the extent to which the City
may regulate medical marijuana dispensaries and that uncertainty will remain until the decision is issued.
A second extension to the moratorium will provide the City with time to consider, study, draft, and
adopt regulations based on the forthcoming Qualified Patients decision and consistent with that decision's
interpretation of the Act and SB 420. These regulations would either prohibit or etse regulate the location and
operation of new medical marijuana dispensaries and existing businesses which may seek to supplement their current
services offered to include the sale of medical marijuana in a manner that is consistent with the general plan and
Code, compatible with surrounding neighborhoods, and in the best interests of the residents of the City.
J. At this time, no feasible alternative is available to satisfactorily mitigate or avoid the specific adverse
impacts referenced herein, as well or better with a less burdensome effect, than the adoption of the proposed Interim
Ordinance.
K. The City Council finds that this Ordinance is not subject to the provisions of CEQA pursuant to
Sections 15060(c)(2) in that the activity will not result in a direct or reasonably foreseeable indirect change in the
environment, and 15060(c)(3), the project as defined in Section 15378 of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change in the environment,
directly or indirectly, and it prevents such changes in the environment pending completion of the contemplated
Municipal Code review.
SECTION 2. Interim Prohibition
From the date of this Ordinance, the moratorium established by Ordinance No. 09-925U and extended by
Ordinance No. 09-926U is hereby extended and shall remain in effect for a period of one (1) year after the last date on
which Ordinance No. 09-926U is effective. During this period, no use permit, variance, building permit, or any other
entitlement for use shall be accepted, processed, approved or issued for the establishment or operation of, and no
person shall otherwise establish, a "medical marijuana dispensary" and no existing business shall begin dispensing
medical marijuana.
For purposes of this ordinance, "medical marijuana dispensary" means any facility or location where marijuana
is made available, sold, transmitted, given, or otherwise provided to qualified individuals in accordance with the Act.
All sections of the Municipal Code inconsistent with the terms of this ordinance remain suspended during the
life of this ordinance.
The Community Development Department has undertaken the studies required by Section 65858 and reports
that 1) the provisions of Ordinance Nos. 09-925U and 09-926U should be extended for an additional one (1) year; 2)
that no marijuana dispensary should be allowed as a permitted use without appropriate conditions providing for
anticipated crimes in connection therewith; and 3) the Municipal Code should be amended to prohibit all uses not
specifically allowed or prohibit any use that is contrary to arty federal or State law.
SECTION 3. Urgent Need
Based on the foregoing recitals and findings which are all deemed true and correct, this interim ordinance is
urgently needed for the immediate preservation of the public safety, health, and welfare. This interim ordinance shall
remain in effect for a period of one (1) year after the last date on which Ordinance No. 09-926U is effective, or up to
and including April 21, 2011.
SECTION 4. Authority
Government Code Section 65858 provides that this second extension to an interim ordinance may be adopted
by a four -fifths vote of the City Council and that this measure will be effective for a period of one (1) year following the
date on which Ordinance No. 09-926U will expire, which is April 21, 2011.
SECTION 5. Penalties
The definitions and penalties for land use violations that are prescribed in the Code apply to violations of the
provisions of this Interim Ordinance.
SECTION 6. Severability
If any provision of this Interim Ordinance or the application thereof to any persons or circumstances is held
invalid, such invalidity does not affect other provisions or applications of this Interim Ordinance, which can be given
effect without the invalid provision or application, and to this end the provisions of this Interim Ordinance are hereby
declared to be severable.
SECTION 7. Notice
The City Clerk shall certify to the passage of this Interim Ordinance and shall cause the same to be published
andtor posted at the designated locations in the City of Temple City.
PASSED, APPROVED, and ADOPTED, this 6`h day of April, 2010.
Mayor, Fernando Vizcarra
ATTEST•
City Clerk, Mary R. Flandrick
I, City Clerk of the City of Temple City, do hereby certify that the foregoing urgency ordinance, Ordinance No.
10-933, was introduced as an urgency Ordinance at a regular meeting of the City Council of the City of Temple City
held on the 6th day of April, 2010, and was duly passed, approved and adopted by said council, approved and signed
by the Mayor and attested by the City Clerk at a regular meeting held on the 6`h day of April, 2010, by the following
vote:
AYES: Councilmember-Blum, Sternquist, Yu, Chavez, Vizcarra
NOES: Councilmember-None
ABSENT: Councilmember-None
ABSTAIN: Councilmember-None
City Clerk
.ti's AmericansFor
SafeAccess
Advancing Legal Medical Marijuana 7heeapeJlics and Research
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