HomeMy WebLinkAboutOrdinance 472 CERTIFICATION
1, 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 Ordinance No. 472, adopted by the
Atascadero City Council at a regular meeting thereof held on March 8, 2005, and that it has been
duly published pursuant to State Law.
DATED:
Marcia McClure Torgerson, C.M.q:'
City Clerk
City of Atascadero, California
ORDINANCE NO. 472
EXTENSION TO AN INTERIM URGENCY ORDINANCE OF THE CITY
OF ATASCADERO, CALIFORNIA, MAKING FINDINGS AND
ESTABLISHING A TEMPORARY MORATORIUM ON THE
ESTABLISHMENT AND OPERATION OF
MEDICAL MARIJUANA DISPENSARIES
THE CITY COUNCIL OF THE CITY OF ATASCADERO DOES ORDAIN AS FOLLOWS:
Section 1. Findings
A. In 1996, the voters of the State of California approved Proposition 215, which was
codified as Health and Safety Code Section 11362.5, et seq. and entitled the Compassionate Use
Act of 1996 ("the Act").
B. The intent of Proposition 215 was to enable persons who are in need of medical
marijuana for medical purposes to obtain and use it under limited, specified circumstances.
C. On January 1, 2004, SB 420 went into effect. SB 420 was enacted by the
Legislature to clarify the scope of the Act and to allow cities and counties to adopt and enforce
rules and regulations consistent with SB 420 and the Act.
D. Neither the Atascadero Municipal Code nor the Atascadero Zoning Ordinance
address or regulate in any manner the existence or location of medical marijuana dispensaries.
E. After receiving inquiries from persons interested in establishing medical
marijuana dispensaries, three other cities in the greater San Luis Obispo county area have
adopted ordinances prohibiting or heavily regulating such dispensaries. Because other cities in
the region are considering enacting similar ordinances, there is a substantially increased
likelihood that such establishments will seek to locate in the City of Atascadero.
F. Other California cities that have permitted the establishment of medical marijuana
dispensaries have witnessed an increase in crime, such as burglaries, robberies, and sales of
illegal drugs in the areas immediately surrounding such dispensaries.
G. To address both community and statewide concerns regarding the establishment
of medical marijuana dispensaries, it is necessary for the City of Atascadero to study the potential
impacts such facilities may have on the public health, safety, and welfare.
H. If medical marijuana dispensaries were allowed to be established in the City
without appropriate regulation, such uses might be established in areas 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.
City of Atascadero
Ordinance No.472
Page 2 of 4
I. Based on the foregoing, the City Council finds that issuing permits, business
licenses, or other applicable entitlements providing for the establishment and/or operation of
medical marijuana dispensaries, prior to the completion of the City's study of the potential
impact of such facilities, poses a current and immediate threat to the public health, safety, and
welfare, and that a temporary moratorium on the issuance of such permits, licenses, and
entitlements is thus necessary.
I. The Police Chief, in conjunction with the City Manager and City Attorney, shall
immediately commence to take steps to conduct a study of the potential impacts of medical
marijuana dispensaries on the public health, safety, and welfare and of possible amendments to
the City's Zoning Ordinance.
Section 2. Imposition of Moratorium
A. In accordance with the authority granted the City of Atascadero under
Government Code Section 65858, from and after the date of this ordinance, no use permit,
variance, building permit, business license or other applicable entitlement for use shall be
approved or issued for the establishment or operation of a medical marijuana dispensary for a
period of four months.
B. For purposes of this ordinance, "medical marijuana dispensary" shall mean any
facility or location where a primary caregiver intends to or does make available, sell, transmit,
give, or otherwise provide medical marijuana to two or more of the following: a qualified patient,
a person with an identification card, or a primary caregiver. For purposes of this ordinance, the
terms "primary caregiver," "qualified patient," and "person with an identification card" shall
have the same meaning as that set forth in Health and Safety Code Section 11362.5, et seg.
C. For purposes of this ordinance, a medical marijuana dispensary shall not include
the following uses, as long as the location of such uses is otherwise regulated by applicable law
and has long as such use complies strictly with applicable law, including, but not limited to,
Health and Safety Code Section 11362.5, et seg.: (1) a clinic, licensed pursuant to Chapter 1 of
Division 2 of the Health and Safety Code; (2) a health care facility, licensed pursuant to Chapter
2 of Division 2 of the Health and Safety Code; (3) 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; (4) a residential care facility for the elderly, licensed pursuant to Chapter 3.2 of
Division 2 of the Health and Safety Code; or (5) a residential hospice or home health agency,
licensed pursuant to Chapter 8 of the Health and Safety Code.
D. This ordinance is an interim urgency ordinance adopted pursuant to the authority
granted to the City of Atascadero by Government Code Section 65858 and is for the immediate
preservation of the public health, safety, and welfare. The City Council of the City of Atascadero
hereby finds and declares that there is a need to enact an urgency interim ordinance establishing a
moratorium on all new medical marijuana dispensaries,based upon the following findings:
City of Atascadero
Ordinance No.472
Page 3 of 4
(1) California cities that have permitted the establishment of medical marijuana
dispensaries have found that such dispensaries have resulted in negative and harmful secondary
effects, such as an increase in crime, including robberies, burglaries, and sales of illegal drugs in
the areas immediately surrounding medical marijuana dispensaries. This potential for increased
risk of crime and violence presents a clear and immediate danger to the public health, safety and
welfare of the residents of the City of Atascadero; and
(2) After receiving inquiries from persons interested in establishing medical
marijuana dispensaries, three other cities in the greater San Luis Obispo County area have
adopted ordinances prohibiting or heavily regulating such dispensaries. Because other cities of
the region are considering enacting similar ordinances, there is a substantially increased
likelihood that such establishments will seek to locate in the City of Atascadero; and
(3) The City of Atascadero does not currently have standards in its Municipal
Code relating to the location, operation, and concentration of medical marijuana dispensaries
within the City; and
(4) If medical marijuana dispensaries were allowed to be established without
appropriate review of location and operational criteria and standards, such uses might be
established in areas that would conflict with the requirements of the General Plan, be inconsistent
with surrounding uses, or could have potential adverse secondary effects on neighborhoods in the
City and be detrimental to the public health, safety and welfare;
(5) The failure to adopt this ten month and fifteen-day moratorium, therefore, may
result in significant irreversible change in the character of the community and the neighborhood
surrounding any marijuana dispensary that would be allowed to open under the City's current
policy; and
(6) Permitting a marijuana dispensary to open while the City is studying and
considering zoning proposals to regulate and/or prohibit this use would defeat the purpose of
studying these impacts in the first place; and
(7) As a result of the negative and harmful secondary effects associated with
medical marijuana dispensaries and the current and immediate threat such secondary effects pose
to the public health, safety, and welfare, it is necessary to extend a temporary, ten month and
fifteen (15) day moratorium on the establishment and operation of new medical marijuana
dispensaries in the City, pending completion of the City's study of the potential impacts of
medical marijuana dispensaries and possible amendments to the City's Zoning Ordinance.
Section 3. Compliance with California Environmental Quality Act
The City Council finds that this ordinance is not subject to the California Environmental
Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity
is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to
the environment, directly or indirectly; it prevents changes in the environment pending the
completion of the contemplated Zoning Ordinance review.
City of Atascadero
Ordinance No.472
Page 4 of 4
Section 4. Severability
If any provision of this ordinance or the application thereof to any person or circumstance
is held invalid, such invalidity shall not affect other provisions or applications of the ordinance
which can be given effect without the invalid provision or application, and to this end the
provisions of this ordinance are severable. The City Council hereby declares that it would have
adopted this ordinance irrespective of the invalidity of any particular portion thereof.
Section 5. Effective Date
This ordinance shall become effective immediately upon adoption if adopted by at a least
four-fifths vote of the City Council and shall be in effect for four months from the date of
adoption, March 8, 2005, unless extended by the City Council as provided for in the Government
Code.
INTRODUCED at a regular meeting of the City Council held on March 8, 2005, and PASSED
and ADOPTED by the City Council of the City of Atascadero, State of California, on March 8,
2005, by the following roll call vote:
AYES: Council Members Clay, Luna, O'Malley and Mayor Scalise
NOES: None
ABSTAIN: None
ABSENT: Council Member Pacas
ADOPTED: March 8, 2005
ATTEST: CITY OF ATASCADER
Marcia McClure Torgerson, C.M.C. ity Clerk W dy Sc s , Mayor
APPROVED AS TO FORM:
Patric,. Vneght, City Attorney