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HomeMy Public PortalAboutOrd. 1632ORDINANCE NO 1632 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, AMENDING SECTION 25 -200 -1 OF CHAPTER 25 ARTICLE 200 AND CHAPTER 25 APPENDIX A OF THE LYNWOOD ZONING CODE TO PROHIBIT THE ESTABLISHMENT OR USE OF MEDICAL MARIJUANA DISPENSARIES IN ALL ZONES WHEREAS, the voters of the State of California passed the Compassionate Use Act of 1996 (Act), codified in California Health and Safety Code Section 11362 5, which enables persons to obtain and use marijuana for medical purposes by recommendation of their primary caregiver under limited, specified circumstances without fear of State criminal prosecution, and WHEREAS, the State legislature enacted Senate Bill (SB) 420 in 2003 to clarify the scope of the Act and allow local governments to adopt and enforce rules and regulations consistent with SB 420, and WHEREAS, SB 420 further established the Medical Marijuana Program, codified as Health & Safety Code Section 11362 7 et seq , which permits qualified patients and their primary caregivers to associate collectively or cooperatively to cultivate marijuana for medical purposes, and WHEREAS, neither the Act or SB 420 authorizes medical marijuana dispensaries, and WHEREAS, the Federal Controlled Substances Act, codified in 21 U S C Section 841, makes it unlawful to manufacture, distribute, dispense, or possess marihuana dispensaries, and WHEREAS, the United States Supreme Court, in Gonzales v Raich, 545 U S 1 (2005), confirmed that the Controlled Substances Act does not contain a "compassionate" use exemption and that possession or distribution of marihuana, regardless of medical purpose, is a violation of federal law; and WHEREAS, the California Court of Appeal, Second Appellate District, has recently held in City of Claremont v Kruse (2009) 177 Cal.App 4th 1153, that neither the Act nor the Medical Marijuana Program prevents local governments from regulating medical marijuana dispensaries, and that neither compels local governments to accommodate medical marijuana dispensaries, and WHEREAS, several California cities have experienced an increase in crime, such as burglary, robbery, loitering, sale of illegal drugs, including the illegal resale of marijuana, as well as an increase in pedestrian and vehicular traffic and noise, in the vicinity of medical marijuana dispensaries, and WHEREAS, in order to protect the community, its schools, businesses, and residents, particularly minors, from harmful negative effects of medical marijuana dispensaries, or the sale of marijuana at existing businesses, the City Council wishes to adopt local regulations prohibiting the use of any site within the City as a medical marijuana dispensary; and WHEREAS, on April 7, 2009 the City Council adopted Urgency Ordinance No 1609, establishing an interim ordinance prohibiting the establishment or operation of medical marijuana dispensaries and the sale of medical marijuana at existing businesses within the City ( "Urgency Ordinance "), and WHEREAS, on June 16, 2009 the City Council adopted Urgency Ordinance No 1615, extending the Urgency Ordinance approved on April 7, 2009, which Urgency Ordinance is now scheduled to expire on April 6, 2009, unless again extended or replaced by a permanent ordinance, such as the one proposed herein, and WHEREAS, at a public hearing held on May 11, 2010, the City's Planning Commission studied this issue and forwarded a recommendation that the City Council revise the Lynwood Zoning Code to prohibit the establishment or operation of an existing business for the distribution or sale of medical marijuana within the City NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, DOES ORDAIN AS FOLLOWS Section 1. The City Council finds that the above recitals are true and correct and are incorporated herein by this reference Section 2. Section 25 -200 -1 of Chapter 25 Article 200 entitled "Definitions" of the Lynwood Zoning Code is hereby amended to include the definition of "Medical Marijuana Dispensaries" to read as follows "25 -200 -1 General MEDICAL MARIJUANA DISPENSARIES Any establishment or location where marijuana is distributed, transmitted, given to, or otherwise provided to qualified patients or primary caregivers in accordance with California Health and Safety Code Sections 11362 5 through 11362 83, inclusive, commonly referred to as the `Compassionate Use Act of 1996' and 'Senate Bill 420' " Section 3. The matrix in Chapter 25 Appendix A entitled "Uses By Zoning District" of the Lynwood Zoning Code is hereby amended to include the land use designation of "Medical Marijuana Dispensaries" to read as follows "Land Use R -1 R -2 R -3 PRD P -1 C -2 C -2A C -3 PCD CB -1 M HMD PF OS SPA CCOA Medical- Prohibited in any zoning district Marijuana Dispensaries ID Section 4. Upon the effective date of this ordinance, City of Lynwood Urgency Ordinance No 1615, extending the moratorium on medical marijuana dispensaries, shall terminate and shall be of no further force and effect. Section 5. If any section, subsection, clause or phrase of this Ordinance is for any reason, held to be unconstitutional, or otherwise invalid, such decision shall not affect the validity of the remaining sections of this Ordinance The City Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more other sections, subsections, sentences, clauses or phrases be declared unconstitutional or invalid Section 6. This Ordinance is exempt from review under the California Environmental Quality Act (CEQA) because it can be seen with certainty that there is no possibility that such adoption may have a significant effect on the environment and because such adoption will not cause any direct or reasonably foreseeable indirect physical change to the environment. (Title 14 California Code of Regulations Sections 15060(c)(2), 15601(b)(3), and 15262 ) Section 7. This Ordinance shall take effect thirty (30) days after its final passage by the City Council Section 8. The City Clerk of the City of Lynwood is hereby directed to certify to the passage and adoption of this Ordinance and to cause it to be published or posted as required by law First read at a regular meeting of the City Council held on the 15th day of June, 2010 and adopted and ordered published at a regular meeting of said Council on 6th day of July, 2010 PASSED, APPROVED and ADOPTED this 6t" day of July, 2010 ATTEST lxz� Aa4mj-;� aria Quinonez, City Clerk APPROVED AS TO FORM Fred Galante, City Attorney Maria T Santillan, Mayor APPROVED AS TO CONTENT Jo than Colin, Director of D velopment Services 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 6t" day of July, 2010 AYES COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO, AND SANTILLAN NOES ABSTAIN ABSENT W)FFo-V- WeWAN �- f"N' Maria Quinonez, 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 1632 in my office and that said Ordinance was adopted on the date and by the vote therein stated Dated this 6t" day of July, 2010 / / SRO