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HomeMy WebLinkAboutOrdinance 546 �r CERTIFICATION I, Marcia McClure Torgerson, C.M.C., City Clerk of the City of Atascadero, hereby certify that the foregoing is a true and correct copy of Interim Urgency Ordinance No 546, adopted by the Atascadero City Council at a regular meeting thereof held on October 27, 2009, and that it Now has been duly published pursuant to State Law j DATED: Marcia McClure Torgerson, C.M.C. City Clerk City of Atascadero, California am INTERIM URGENCY ORDINANCE NO 546 AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, EXTENDING THE MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF MEDICINAL MARIJUANA FACILITIES PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858(a). THE CITY COUNCIL OF THE CITY OF ATASCADERO ORDAINS AS FOLLOWS SECTION 1 Findings. A. On September 8, 2009, the City Council adopted Urgency Ordinance No. 545 imposing a moratorium on the establishment and operation of medical marihuana facilities in the City for a period of 45 days. The findings set forth in Urgency Ordinance No. 545 are incorporated by reference. B Pursuant to California Government Code Section 65858(d), the City staff issued a report to the City Council on October 13, 2009 (hereafter, "Report"), describing the measures taken to review and monitor the conditions that necessitated the adoption of Urgency Ordinance No. 545 C. Some cities where medical marihuana dispensaries have been established report increases in illegal drug activity, illegal drug sales, robbery of persons leaving dispensaries, loitering around dispensaries, falsely obtaining "identification cards" to qualify for medical marihuana, and other increases in criminal activity D As described in the Report, there is a conflict between Federal and State law regarding the legality of the cultivation, distribution and possession of marijuana, and the reported negative secondary effects in communities that have permitted the establishment of medical marihuana dispensaries, many California cities have adopted moratoriums on such uses and several other cities have adopted ordinances banning such facilities outright. In San Luis Obispo County, six of the seven cities have passed ordinances prohibiting the establishment or operation of medical marihuana dispensaries. E. Due to the conflict between Federal and State law regarding the establishment of Medical Marijuana Facilities, and the negative secondary effects of medical marihuana dispensaries, it remains necessary for the City staff to continue to study the potential impacts such facilities may have on the public health, safety and welfare, as well as the impacts that the conflicting authorities may have on the City's ability to regulate such facilities F Based on the foregoing, the City Council finds that allowing the establishment or operation of, or approving any entitlements for the establishment or operation of Medical Marijuana Facilities conflicts with Federal law In addition, the City Council finds that there are negative secondary impacts of Medical Marijuana Facilities. Based upon these findings, there is a current and immediate threat to the public health, safety, and welfare. Accordingly, the City finds that the continuation of the interim prohibition on such uses and the issuance of any such applicable entitlements is necessary for an additional period of 10 months and 15 days to allow for the i�r City of Atascadero Interim Urgency Ordinance No. 546 Page 2 of 5 further study of Medical Marijuana Facilities, including consideration of a draft ordinance to �.r prohibit the establishment or operation of Medical Marijuana Facilities. G The City has complied with the notice and public hearing requirements of Government Code section 65858(a)and 65090 SECTION 2. Environmental Review The City Council finds that this ordinance this draft ordinance is categorically exempt from environmental review pursuant to the California Environmental Quality Act ("CEQA")Guidelines Section 15061(b)(3). SECTION 3. Continuation of Moratorium on Medical Marijuana Dispensaries. The City Council orders as follows. A. In accordance with the authority granted the City of Atascadero under Government Code section 65858(a), and pursuant to the findings stated herein, for a period of 10 months and 15 days from the expiration date of the 45-day Moratorium Ordinance No. 545 1 No medical marijuana facility may be established or operate in any zone of the City 2. No use permit, variance, zoning clearance or other applicable entitlement or approval will be accepted, approved or issued for the establishment or operation of a medical marihuana facility B As used in this ordinance,the following definitions apply• err 1 "Establish" or "operate" Medical Marihuana Facilities means and includes any of the following: (a) The opening or commencement of such a business or establishment as a new business or establishment; (b) The conversion of an existing business or establishment to a business or establishment defined as Medical Marijuana Facilities in this ordinance; (c) The addition of any form of business or establishment defined as Medical Marijuana Facilities in this ordinance to any other existing business or establishment. 2. "Marijuana" means all parts of the plant Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It includes marihuana infused in foodstuff. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except resin extracted therefrom), fiber, oil, or cake, or the sterilized seeds of the plant that are incapable of germination 3 (a) A medical marijuana dispensary, cooperative or collective (hereafter "Medical Marijuana Facility") means any facility or location, whether fixed or mobile, where medical marihuana is made available to and/or distributed by or to one or more of the following: a "primary caregiver, a City of Atascadero Interim Urgency Ordinance No. 546 Page 3 of 5 qualified patient," or a person with an "identification card," as these terms are defined in California err Health and Safety Code section 11362.5 and following. (b) A Medical Marihuana Facility does not include the following facilities ("facilities"), or delivery to such facilities, as long as such facilities 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 and following. SECTION 4. Legal and Planning Study_ The City staff, with the assistance of the City Attorney's Office, is directed to continue to study and analyze issues related to the establishment or operation of medical marihuana facilities within the City, including but not limited to, evaluating conflicts in State and Federal law concerning the validity of the Compassionate Use Act, the legality of such facilities, and the potential impacts of such facilities on public health, safety and welfare of the community SECTION 5. Severability If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby am declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 6. Effective Date and Duration. This urgency ordinance enacted under California Government Code section 65858(a) will take effect on October 23, 2009, upon the expiration of the 45- day Moratorium Ordinance No 545, upon adoption by a four fifths (4/5) vote of the City Council. This ordinance will remain in effect for 10 months and 15 days from the effective date, and will expire on September 8, 2010 unless extended. SECTION 7 Publication. The City Clerk is directed to cause this urgency ordinance to be published in the manner required by law PASSED, APPROVED AND ADOPTED this 27th day of October, 2009 AYES Council Members Clay,Fonzi, O Malley and Mayor B6raud NOES None ABSTAIN None ,a„ ABSENT Council Member Kelley City of Atascadero Interim Urgency Ordinance No. 546 Page 4 of 5 �.r CITY OF ATASCADERO Ellen Beraud,Mayor ATTEST � I U, A 61�� M Marcia McClure Torgerson, C.M.C., City C,l rk APPROVED A ORM. 1 Brian A. ierik, City Attorney rrr. City of Atascadero Interim Urgency Ordinance No. 546 Page 5 of 5 + . STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) SS CITY OF ATASCADERO ) I, Marcia Torgerson, City Clerk of the City of Atascadero, certify that the foregoing Ordinance No 546 was passed and adopted by the City Council of the City of ATASCADERO as an urgency measure at a regular meeting of the Council held on the 27th day of October, 2009 and that such ordinance was adopted by the following vote AYES Council Members Clay, Fonzi, O'Malley and Mayor Beraud NOES None ABSENT Council Member Kelley /72, . Marcia McClure Torgerson, C M C , Ci Clerk arr ww