HomeMy Public PortalAboutOrd. 1609ORDINANCE NO. 1609
AN INTERIM ORDINANCE OF THE CITY OF LYNWOOD ENACTED
PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858
PROHIBITING THE ESTABLISHMENT OF MEDICAL MARIJUANA
DISPENSARIES AND PROHIBITING EXISTING BUSINESSES FROM
DISPENSING MEDICAL MARIJUANA DURING THE PENDENCY OF THE
CITY'S REVIEW AND ADOPTION OF PERMANENT ZONING REGULATIONS
FOR SUCH USES AND DECLARING THE URGENCY THEREOF
WHEREAS, the Lynwood Municipal Code, including the Lynwood Zoning Code,
currently lacks the ability to regulate medical marijuana dispensaries or the sale of
medical marijuana by an existing business; and
WHEREAS, the City of Lynwood ( "City ") has received inquiries from potential
business owners regarding the possibility of locating a medical marijuana dispensary in
the city and from potential business owners implying that their business may ultimately
expand to include the sale of medical marijuana; and
WHEREAS, the City Council anticipates that an existing business may begin
selling medical marijuana before a non - urgency ordinance would become effective; and
WHEREAS, other California cities that have permitted the establishment of
medical marijuana dispensaries have witnessed negative secondary effects including
increased crime, such as burglaries, robberies, and sale of illegal drugs in the areas
immediately surrounding such dispensaries; and
WHEREAS, City staff require time to develop appropriate regulations of medical
marijuana dispensaries consistent with state and federal law; and
WHEREAS, the City Council desires, on an urgency basis, to temporarily prohibit
medical marijuana dispensaries within the City, and
WHEREAS, Government Code Sections 36934, 36937 and 65858 expressly
authorize the City Council to adopt an urgency ordinance for the immediate preservation
of the public peace, health or safety and to prohibit a use that is in conflict with a
contemplated general plan, specific plan, or zoning proposal that the legislative body,
planning commission or the planning department is considering or studying or intends to
study within a reasonable time.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD,
CALIFORNIA, 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 Sections 11362.5, et. seq., "The Compassionate
Use Act of 1996" ( "Act ") to enable persons who are in need of marijuana for specified
medical purposes to obtain and use marijuana under limited, specified circumstances.
The State legislature subsequently enacted Senate Bill 420 in 2003 to clarify the scope
of the Act, allowing local governments to adopt and enforce rules and regulations
consistent with Senate Bill 420.
B. There are currently no ordinances in the Lynwood Municipal or Zoning
Code (collectively, "Code ") specifically regulating or monitoring the location, zoning
standards, or other aspects of the facilities where medical marijuana will be dispensed
to eligible persons under the Act.
C. Although the City has made a conscientious effort to plan for specific uses
within all zone districts and to anticipate conflicts between competing land uses in order
to protect the public's health, safety, and welfare, the Code does not currently provide
specific development regulations or definitions relative to the use or placement of
dispensaries intended for the distribution of marijuana for medicinal purposes.
D. The City has received inquiries regarding applications for medical
marijuana dispensaries and has concerns that existing businesses may begin selling
medical marijuana.
E. Lynwood Zoning Code, Chapter 25, at Appendix A states that all uses are
prohibited except as expressly permitted by the provision of the Zoning Ordinance. To
authorize the establishment of medical marijuana dispensaries, the Lynwood Zoning
Code would require revisions to specifically identify such use and provide for the
method by which they may be permitted by the City.
F. 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, Alameda County, Oakland and the City of Anaheim have received and
investigated a number of complaints of violent criminal activity, including armed
robberies and burglaries, 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.
G. To allow 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 use may be in conflict with the development standards and
implementing regulations that the City ultimately imposes after the City considers and
studies within a reasonable time.
H. A moratorium will provide the City with time to draft and adopt regulations,
that are consistent with the Act and Senate Bill 420, to regulate the location and
operation of medical marijuana dispensaries and existing businesses which seek to
supplement their current services offered to include the sale of medical marijuana in a
manner that is consistent with the Code, compatible with surrounding neighborhoods
and in the best interests of the residents of the City.
I. A moratorium will also provide the City time to evaluate the impact, if any,
that the United States Court case of Gonzalez, et al. v_ Raich, et al. 125 S.Ct. 2195
(June 6, 2006) has on any land use regulations that the City may consider in regulating
these facilities. The Gonzales case found that federal law prohibiting the possession,
use and distribution of marijuana is enforceable in California as to those persons who
are eligible to use marijuana under the Act, finding that Congress has the authority
under the Commerce Clause to prohibit the local cultivation and use of marijuana for
medicinal purposes, even if that activity is in compliance with California law. The result
of this opinion implies that, unless Congress acts to change federal law, medical
marijuana uses in California will be subject to federal prosecution under existing federal
law.
Section 2. Interim Prohibition
From and after the date of this ordinance, no use permit, variance, building
permit, business license or any other entitlement for use shall be 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 a period of 45 days.
For purposes of this ordinance, "medical marijuana dispensary" shall mean any
facility or location where marijuana is made available, sold, transmitted, given, or
otherwise provided to qualified individuals in accordance with the Act.
Section 3. Urgent Need.
This interim ordinance is urgently needed for the immediate preservation of the
public health, safety, and general welfare, and it shall take effect immediately upon
adoption, and it shall be of no further force and effect 45 days 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, which shall be effective for only 45 days following its date of
adoption. Government Code Section 65858 further provides that such an urgency
measure may be extended following compliance with that section for up to an additional
22 months and 15 days beyond the original 45 -day period.
Section 5. Penalties.
The definitions and penalties for land use violations that are prescribed in the
Lynwood Zoning Code shall 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 shall 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.
PASSED, APPROVED, AND ADOPTED this 7th day of April, 2009.
Maria T. Santillan, Mayor
City of Lynwood
ATTEST:
Maria Quinonez, City Clerk
APPROVED AS TO FORM:
— CO.V --
Fred Galante, City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the
above and foregoing Ordinance was duly adopted by the City Council of the City of
Lynwood at its regular meeting held on the 7th day of April, 2009.
AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO,
AND SANTILLAN
NOES:
ABSTAIN:
ABSENT:
Maria Quiz, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City
Council of said City, do hereby certify that the above and foregoing is a full, true and
correct copy of Ordinance No. 1609 in my office and that said Ordinance was adopted
on the date and by the vote therein stated. Dated this 7th day of April, 2009.
i
Maria Quinonez, City Clerk