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
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