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HomeMy WebLinkAboutOrdinance 351 CERTIFICATION I, Marcia McClure Torgerson, City Clerk of the City of Atascadero, hereby certify that the foregoing is the true and correct original of Ordinance No.351 adopted by the Atascadero City Council at a regular meeting thereof held on August 25, 1998 and that it has been duly published pursuant to State Law. q DATED: Marcia McClure Torgerson City Clerk City of Atascadero, California ORDINANCE NO. 351 ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO DECLARING THE ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES TO BE A PROHIBITED USE UNDER THE ZONING ORDINANCE, AND DECLARING THE URGENCY THEREOF, TO TAKE EFFECT IMMEDIATELY The City Council of the City of Atascadero does ordain as follows: SECTION 1. Findings. The Council finds and declares: A. In November 1996, the voters of the State of California approved an initiative measure known as Proposition 215, which added Code Section 11362.5 to the California Health and Safety Code. Proposition 215 created a defense to the criminal laws forbidding possession and cultivation of marijuana, for persons possessing or cultivating the drug for personal medical purposes upon the written or oral recommendation or approval of a physician. The defense also extends to the individual's primary caregiver as defined by law. B. Since enactment of Proposition 215, persons throughout the State have expressed a desire to establish locations where marijuana can be dispensed to those persons who qualify for its use under state law. Because possession and cultivation of marijuana was illegal until enactment of Proposition 215, cities and counties had not addressed in their zoning and other regulations the requirements for establishment and operation of facilities at which medical marijuana would be dispensed. Some cities and counties have responded to Proposition 215 by enacting ordinances which establish new zoning and police regulations governing medical marijuana dispensaries, or impose a limited-term moratorium on the opening of such facilities,to allow time for study and development of appropriate regulations. C. Proposition 215 may be interpreted in a manner which takes into account the humanitarian purposes of the Proposition, allowing for some reasonable production and distribution for medicinal purposes only. The nature and extent of cultivation and distribution which may lawfully be undertaken by private parties other than the medical marijuana users themselves is thus an open question. Special zoning and perhaps other regulations would therefore be necessary in order to adequately control such uses in Atascadero. D. The State Legislature is currently considering bills, which would regulate the distribution of medical marijuana. Any city regulations of such activities may be required to be consistent with such state laws, once enacted. E. It is necessary for the preservation of the public peace, health and safety to enact as an urgency measure an ordinance, declaratory of existing law,prohibiting the establishment and operation of medical marijuana dispensaries. The reasons for the urgency are as follows: City of Atascadero Ordinance No. 351 Medical Marijuana Dispensaries Page 1 of 3 1. The possibility of an establishment of a medical marijuana dispensing should be taken seriously, inasmuch as nearby communities have also received such requests and experienced high interest by persons wishing to establish such facilities. The City of San Jose, for example, has recently obtained a court order requiring closure of an illegal medical marijuana dispensary, and is processing permit requests for other facilities for which applications were filed under a recently-enacted ordinance regulating medical marijuana dispensaries. 2. While the City's zoning ordinance (Title 9, Atascadero Municipal Code) allows various kinds of medical and related uses as permitted or conditional uses in specified zoning districts, it does not provide for the medicinal distribution of marijuana. Because cultivation and possession of marijuana in California was illegal until passage of Proposition 215, facilities dispensing medical marijuana are not an enumerated use under the zoning ordinance. 3. Experience in other communities suggests that a number of regulatory issues should be carefully considered prior to allowing establishment of medical marijuana dispensaries in order to prevent crime and ensure compatibility with other uses, including residential uses and schools. These issues include security requirements, appropriate zoning designations and development standards, and monitoring and reporting requirements. Study of these issues and development of recommendations will require prioritization with other projects currently being undertaken by the Police Department and the Community and Economic Development Department. 4. Because dispensation of medical marijuana is not an activity currently addressed in the Municipal Code,the City can expect to experience enforcement problems if persons attempt to dispense medical marijuana in Atascadero, in the absence of regulations specifically governing such uses. In light of the expressed interest in establishing a medical marijuana dispensary in Atascadero, and the time required to study and develop appropriate regulations, an urgency ordinance is necessary to provide a clear statement of existing law and to protect the public peace,health and safety. SECTION 2. Definitions. For the purposes of this Ordinance,the following definition shall apply: "Medical Marijuana Dispensary" is a facility where marijuana is made available for medical purposes in accordance with Health and Safety Code Section 11362.5 (Proposition 215). This does not include the cultivation or possession of marijuana, by a single patient or caregiver, for medical use in accordance with Health and Safety Code Section 11362.5. SECTION 3. Establishment and Operation Prohibited. (a) No person shall operate or allow or suffer the operation of a Medical Marijuana Dispensary within the City of Atascadero. (b) ' No permit or certificate of use and occupancy shall be issued for a Medical Marijuana Dispensary. City of Atascadero Ordinance No. 351 Medical Marijuana Dispensaries Page 2 of 3 SECTION 3. Establishment and Operation Prohibited. (c) This section is declaratory of existing law. SECTION 4. Effective Date. This ordinance shall be effective immediately upon adoption. SECTION 5. The Council finds that this project is exempt from the provisions of the Environmental Quality Act("CEQA") because it can be seen with certainty that there is no possibility that this project, which consists of a declaration of existing law, will have a significant effect on the environment. INTRODUCED AND PASSED: August 25, 1998 AYES: Council Members Clay, Johnson, Luna and Mayor Carden NOES: None ABSTENTIONS: None ABSENT: Council Member Lerno ATTEST: CITY F ATASCA I` (J4 l Marcia M. Torgerson, City Cl k arold L. r , III or APPROVED AS TO FORM: I'),rk I"I — Roy lanley, Cit Attorn y City of Atascadero Ordinance No. 351 Medical Marijuana Dispensaries Page 3 of 3