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Home My WebLink About1069 marijuana moratorium may-july 2005ORDINANCE NO. 1069 AN URGENCY INTERIM ZONING ORDINANCE ESTABLISHING A MORATORIUM NEW MEDICAL MARIJUANA DISPENSARIES FROM MAY 18, 2005 THROUGH AND INCLUDING JULY 2, 2005, UNLESS EXTENDED BY FURTHER ACTION OF THE CITY COUNCIL, TO TAKE EFFECT IMMEDIATELY WHEREAS, 1. The voters of the State of California approved Proposition 215, codified as Health and Safety Code section 11362.5 et seq. and entitled "The Compassionate Use Act of 1996" (the "Compassionate Use Act"); and 2. The State enacted SB 420 to clarify the scope of the Compassionate Use Act and to allow cities to adopt and enforce rules and regulations consistent with SB 420; and 3. In adopting this moratorium and provision for use permits, it is the council's intention that nothing in this Ordinance be construed to allow persons to engage in conduct that endangers others or causes a public nuisance, permits or allows persons to use marijuana for non-medical purposes or allows any activity related to the cultivation, distribution or consumption of marijuana that is otherwise illegal; and 4. The existing City zoning regulations do not provide for the location and regulation of medical marijuana dispensaries and such uses might be permissible in any zone that allows retail uses, drug stores, or medical uses; and 5. The City Council has directed City staff to prepare, and the Planning Commission to consider and make a recommendation on, a proposal to regulate and/or prohibiting medical marijuana dispensaries; and 6. Two medical marijuana dispensaries have already been opened in a commercial zoning district at the north end of the City; and 7. The United States Department of Justice's California Medical Marijuana Information Report has advised that large-scale drug traffickers have been posing as primary caregivers to obtain and sell marijuana. In addition, the State of California and the County of Mendocino have not yet implemented a statewide identification card program for qualified patients and their primary caregivers pursuant to SB 420. 8. A new medical marijuana dispensary could be established in the City, with or without prior inquiry to the City Planning Department and without the opportunity to exercise discretionary approval authority of such use; and 9. If additional medical marijuana dispensaries were allowed to be established without appropriate regulation, such uses might be established in areas currently unaffected by such uses that would conflict with the requirements of the General Plan, be inconsistent with surrounding uses, or be detrimental to the public health, safety and welfare; and if such uses were allowed to proceed as allowed under the current zoning, such uses could conflict with, and defeat the purpose of, the proposal to study and adopt new regulations regarding medical marijuana dispensaries; and 10. This urgency ordinance is adopted pursuant to the requirements of Government Code section 65858; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UKIAH DOES ORDAIN AS FOLLOWS: Section 1. Finding~ Declaration of Urgency. The City Council of the City of Ukiah hereby finds and declares that there is a need to enact an urgency interim ordinance establishing a moratorium on all new medical marijuana dispensaries, subject to the findings and conditions set forth in this Ordinance. Two medical marijuana dispensaries have already opened in the City without any discretionary review. They are concentrated in a commercial zoning district in the north central portion of the City. The United States Department of Justice's California Medical Marijuana Information Report has advised that large-scale drug traffickers have been posing as primary caregivers to obtain and sell marijuana. In addition, the State of California and the County of Mendocino have not yet implemented a statewide identification card program for qualified patients and their primary caregivers pursuant to SB 420. If additional medical marijuana dispensaries are allowed to proceed without appropriate review of location and operational criteria and standards, the dispensaries could have potential adverse secondary effects on currently unaffected neighborhoods and the City that present a clear and immediate danger to the public health, safety and welfare. The City finds that if establishment or development of medical marijuana dispensaries were allowed to proceed while the City is studying zoning proposals and regulations for this use, it would defeat the purpose of studying and considering zoning proposals to regulate and/or prohibit this use. Failure to enact this moratorium during the stated period may result in significant irreversible change to neighborhood and community character. Based on the foregoing, the City Council does hereby declare that this urgency ordinance is necessary to protect the public health, safety, and welfare while considering revisions to the zoning regulations related to medical marijuana dispensaries. Section 2. Moratorium. (a) The City Council hereby declares a moratorium on any and all new medical marijuana dispensaries established on or after the effective date of this Ordinance and any and all modifications to existing uses to add or expand a medical marijuana dispensary. (b) During this moratorium and any extension of the moratorium, the establishment or expansion of an existing medical marijuana dispensary shall constitute a violation of this Ordinance and shall be deemed a violation of the City Zoning Ordinance. (c) A tenant or owner of real property in the City shall be deemed in violation of this ordinance, if he or she knowingly allows property of which he or she is the tenant or owner to be used in violation of this ordinance. (d) During this moratorium and any extension of the moratorium, no building permit or zoning permit shall be issued for a medical marijuana dispensary. Section 3. Definitions. As used herein the term "Medical Marijuana Dispensary" or "Dispensary" means any facility or location where medical marijuana is made available to and/or distributed by or to two or more persons in the following categories: a primary caregiver, a qualified patient, or a person with an identification card, in strict accordance with California Health and Safety Code Section 11362.5 et seq. A "medical marijuana dispensary" shall 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 et seq. and the City of Ukiah City Code, including but not limited to the City's Zoning Code. Section 4. Conflicting Laws. During the continuation of the effectiveness of this ordinance, the provisions of this ordinance shall govern. If there is any conflict between the provisions of this ordinance and any provision of the Ukiah City Code, or any City ordinance, resolution or policy, the provisions of this ordinance shall control. Section 5. Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be invalid and/or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Interim Ordinance shall become effective and shall remain in force and effect from and including May 18, 2005, through and including July 2, 2005, unless extended prior to the expiration date. PASSED AND ADOPTED THIS 18th DAY OF MAY 2005, BY THE FOLLOWING VOTE: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku NOES: None ABSENT: None ABSTAIN: None ~ark Ashiku, Mayor ATTEST: Marie Ulvila, City Clerk