Loading...
HomeMy Public PortalAboutOrdinance 09-926U1 1 ORDINANCE NO. 09 -926U AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, CONTINUING THE PROVISIONS OF ORDINANCE NO. 09 -925U FOR A PERIOD OF TEN (10) MONTHS AND FIFTEEN (15) DAYS TO ESTABLISH A MORATORIUM ON 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, Government Code Section 65858(a) authorizes the City Council to continue the effect of Ordinance No. 09 -925U for a period of ten (10) months and fifteen (15) days. WHEREAS, at a duly noticed public hearing on June 2, 2009, the City Council considered and heard public testimony to continue the effect of Ordinance No. 09 -925U for a period of ten (10) months and fifteen (15) days. 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 No. 09 -925U 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 -925U, the City Council issued a written report describing the measures taken to alleviate the conditions which led to the adoption of Ordinance No. 09 -925U. 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 adoption of an interim urgency moratorium. 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 temporarily suspend 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. An extension to the moratorium will provide the City with time to consider, study, draft, and adopt regulations, consistent with the Act and Senate Bill 420, to 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. H. A report published in April 2009 by the California Police Chiefs Association's Task Force on marijuana dispensaries discusses and analyzes several adverse secondary impacts in the immediate vicinity of dispensaries and in the community at large. These adverse secondary effects include armed robberies, murders, burglaries, traffic, noise, drug dealing, organized crime, money laundering, firearms violations, poisonings, fictitious physician recommendations, proliferation of grow houses in residential areas, life safety hazards created by grow houses, increased organized gang activities, exposure of minors to marijuana, impaired public health, loss of business tax revenue and decreased quality of life in deteriorating neighborhoods. The full findings of this report entitled, "White Paper on Marijuana Dispensaries by the California Police Chiefs Association's Task Force on Marijuana Dispensaries" dated April 2009 are incorporated by this reference A moratorium will also provide the City with time to evaluate the impact, if any, that the recent United States Court case of Gonzales, et al. v. Raich, et al., 545 U.S. 1 (2005) has on any land use regulations that the City may consider in regulating these facilities. The Gonzales case found that federal laws prohibiting the possession, use, and distribution of marijuana are enforceable in California as to those persons who are eligible to use marijuana under the Act because the Commerce Clause gives the federal Congress authority to prohibit the local cultivation and use of marijuana as a controlled substance, even if such activity is for medicinal purposes and complies with California law. The result of this opinion implies that, unless federal Congress acts to change federal law, medical marijuana uses in California will be subject to federal prosecution under existing federal law. 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©(2) in that the activity will not result in a direct or reasonably foreseeable indirect change in the environment, and 15060©(3), the project as defined in Section 15378 of the CEQA Guidelines, Calif. 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, Ordinance No. 09 -925U is hereby extended and shall remain in effect for 10 months and 15 days. 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 Planning Commission and Planning Department have undertaken studies required by G.C. Section 65858 and report that 1) the provisions of Ordinance 09 -925U should be extended for an additional 10 1/2 months; 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 any 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 1 1 1 1 take effect immediately upon adoption and shall be of no further force and effect 10 1/2 months following the date of its adoption unless extended in accordance with the provisions set forth in Government Code Section 65858. SECTION 4. Authority Government Code Section 65858 provides that an urgency measure in the form of an initial interim ordinance may be adopted without prior public notice by a four -fifths vote of the City Council, and such measure will be effective for 45 days plus 10 1/2 months following its date of adoption. 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 and /or posted at the designated locations in the City of Temple City. PASSED, APPROVED, and ADOPTED, this 2nd day of June, 2009. 1 ATTEST: CIJt,� City Clerk, I\ y R. Flandrick I, City Clerk of the City of Temple City, do hereby certify that the foregoing urgency ordinance, Ordinance No. 09 -926U, was introduced as an urgency Ordinance at a regular meeting of the City Council of the City of Temple City held on the 2nd day of June, 2009, 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 2nd day of June, 2009, by the following vote: AYES: Councilmember- Chavez, Yu, Vizcarra, Wong NOES: Councilmember -None ABSENT: Councilmember -Capra ABSTAIN: Councilmember -None 1 City Clerk 0