HomeMy WebLinkAboutCC AG PKT 2007-02-12 #L
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AGENDA REPORT
DATE: February 12, 2007
TO: Honorable Mayor and City Council
THRU: John B. Bahorski, City Manager
FROM: Quinn Barrow, City Attorney
SUBJECT: Public Hearing - Ordinance No. , Extension of
Ordinance No. 1556, An Interim Ordinance of the City of
Seal Beach Prohibiting the Establishment of Marijuana
Dispensaries in Any Zoning District Within the City and
Declaring the Urgency Thereof
SUMMARY OF REQUEST:
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Conduct Public Hearing. After consideration of all public testimony, issue Report and
adopt Ordinance No. , An Interim Ordinance of the City of Seal Beach Extending
Ordinance No. 1556, An Interim Ordinance of the City of Seal Beach Prohibiting the
Establishment of Marijuana Dispensaries in Any Zoning District Within the City, and
Declaring the Urgency Thereof
BACKGROUND:
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On January 22, 2007, the City Council adopted Ordinance No. 1556, "An Interim
Ordinance of the City of Seal Beach Prohibiting the Establishment of Marijuana
Dispensaries in Any Zoning District Within the City and Declaring the Urgency Thereof"
and commenced the study of the regulation of medical marijuana dispensaries. Ordinance
No. 1556 will expire on March 7,2007 unless it is extended by City Council adoption of
a new interim ordinance pursuant to Califoi:nia Government Code Section 65858. The
. . pu~lic hearing to consider extending the effective time of the interim orrlinAn<,.e has been
scheduled for this evening because the City Council will not meet again before the March
7 exyiration date of Ordinance No. 1556.
The City Council must conduct public hearings before considering amendments to
current regulations related to medical marijuana dispensaries. In addition, studies of the
impact of medical marijuana dispensaries on the co=unity and appropriate regulatory
meitsures have only recently been initiated and further study is necessary. It is therefore
Agenda Item L
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Consideration of Extension of Interim Ordinance Prohibiting the Establishment
of Marijuana Dispensaries in Any Zoning District Within the City
City Council Staff Report
February 12,2007 e
necessary to extend the effective period of the interim regulations for an additional ten
(10) months and fifteen (15) days, to ensure that medical marijuana dispensaries do not
locate in the City during the evaluation of the appropriate legislative action. Upon the
completion of appropriate research, staff will prepare a public hearing packet for
consideration by the City Council
Pursuant to provisions of Gove=ent Code ~ 65858, a public hearing is to be held this
evening to consider an extension of the moratorium. Upon completion of the public
hearing, the City Council may extend the effective time period of Ordinance No. 1556 for
a maximum time period of 10 months and 15 days. This action would require a four-
fifths vote of the City Council for adoption.
In su=ary, the City Planning Staffhas initiated studies and the City Council has held a
public hearing to further consider this matter. These are the measures, inter alia, taken to
alleviate the condition that led to the adoption of the interim ordinance.
On February 2, 2007, a written report describing the measures taken to alleviate the
conditions that led to the adoption of Ordinance No. 1556 was prepared in compliance
with the provisions of California Government Code ~ 65858(d). A copy of that report is
provided as Attachment 2 for the information of the City Council and public during the
scheduled public hearing.
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By extending the moratorium, the City wilf be able to preserve the status quo while it
studies ways to protect public health and safety, and examines the legal issues more
closely. To fully understand the impact of the apparent conflict between federal and state
law, as well as the co=unity and statewide concems regarding the impacts associated
with the establishment of medical marijuana dispensaries, it is necessary for the City to
continue to study the potential impacts such facilities may have on the public health,
safety, and welfare.
FISCAL IMPACT:
None.
RECOMMENDATION:
Adopt Ordinance No. . An Interim Ordinance of the City of Seal Beach Extending
Ordinance No. 1556, An Interim Ordinance of the City of Seal Beach Prohibiting the
Establishment of Marijuana Dispensaries in Any Zoning District Within the City, and
Declaring the Urgency Thereof
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"".rijusn. Dispensary' Interim Ord Extenslon.CC Staff Report
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Consideration of Extension of Interim Ordinance Prohibiting the Establishment
of Marijuana Dispensaries in Any Zoning District Within the City
City Council Staff Report
February 12, 2007
NOTED AND APPROVED:
..1I!!J-:- ·
Acting City Manager
Quinn M. Barrow
City Attorney
Attachments: (2)
Attachment 1:
Attachment 2:
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Ordinance No. . An Interim Ordinance of the City of
Seal Beach Extending Ordinance No. 1556. An Interim
Ordinance of the City of Seal Beach Prohibiting the
Establishment of Marijuana Dispensaries in Any Zoning
District Within the City and Declaring the Urgency Thereof
Report re: Ongoing Study of the Impact of Medical
Marijuana Dispensaries and Related Legal Issues
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lv1arijuana Diapensary Interim Old Extension CC Sid Report
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Consideration of Extension of Interim Ordinance Prohibiting the Establishment
of Marijuana Dispensaries in Any Zoning District Within the City
City Council Staff Report
Feb11lary 12, 2007
ATTACHMENT 1
ORDINANCE NO. , AN INTERIM
ORDINANCE OF THE CITY OF SEAL
BEACH EXTENDING ORDINANCE NO.
1556, AN INTERIM ORDINANCE OF THE
CITY OF SEAL BEACH PROHIBITING THE
ESTABLISHMENT OF MARIJUANA
DISPENSARIES IN ANY ZONING DISTRICT
WlTIllN THE CITY AND DECLARING THE
URGENCY THEREOF
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Marijuana Dispensary Interim Ore! Extenalon.CC S1aff Report
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Consideation of Extension of Interim Ordinance Prohibiting the Establishment
of Marijuana Dispensaries in Any Zoning District Within the City
City Council Staff Report
February 12, 2007
ORDlNANCE NO.
AN INTERIM ORDlNANCE OF TIm CITY OF
SEAL BEACH EXTENDlNG INTERIM
ORDlNANCE NO. 1556, PROHIBITING TIm
ESTABLISH1v:IENT OF MARIJUANA
DISPENSARIES IN ANY ZONING DISTRICT
WITHIN THE CITY, AND DECLARING THE
URGENCY TImREOF
TIm CITY COUNCIL OF TIm CITY OF SEAL BEACH DOES
ORDAIN AS FOLLOWS:
SECTION 1. Extension of Moratorium. Ordinance No. 1556, adopted January
22, 2007 and set to expire on March 7, 2007, is hereby readopted and extended in full
force and effect for ten months and fifteen days to and including January 21,2008.
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SECTION 2. Alleviation Measures Reoort. In accordance with California
Government Code Section 65858(d), the City COlUlcil issued a written report describing
the measures taken to alleviate the condition that led to the adoption of Ordinance No.
1556.
SECTION 3. CEOA Findinlr. The City Council hereby finds that it can be seen
with certainty that there is no possibility the adoption of this Ordinance, and
establishment of a moratorium hereby, may have a significant effect on the environment,
because the moratorium will maintain the current environmental conditions arising from
the current land use regulatory structure. It is therefore exempt from California
Environmental Quality Act review pursuant to Title 14, Section 15061(b)(3) of the
California Code of Regulations.
SECTION 4. Lelris1ative Findinlrs. In 1996 the California voters approved
Proposition 215, the Compassionate Use 'Act (the "CUA"), lega1izing the use of
marijuana for medical purposes under certain conditions. In 2003, the California
Legislature passed Senate Bi11420 ("SB 420"), which clarified the scope of the CUA and
authorized cities and other governing bodies to adopt and enforce rules and regulations
consistent with SB 420 and the CUA. Citing the authority of SB 420, numerous
dispensaries have opened in California to distribute marijuana to individuals with various
illnesses.
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The City has begun to study the impact of medical marijuana dispensaries on
other jurisdictions. In some cities CODtB;n;ng medical marijuana dispensaries, there has
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of Marijuana Dispensaries in Any Zoning District Within the City
City Cormcil Staff Report
February 12, 2007
been an increase in crime, such as burglaries, robberies, and sales of illegal drugs in the
areas innnediately surrounding such dispensaries. Furthermore, the United States
Department of Justice's California Medical Marijuana Information report has advised that
large-scale drug traffickers have been posing as "care givers" to obtain and sell
marijuana. A medicinal marijuana dispensary opened briefly in a city after providing
false infonnation regarding the nature of the use to the city in a business license
application and to its landlord in an application to rent business space. If any of these
circuInstances were repeated in Seal Beach, it could increase the likelihood that parties
would traffic in illegal drugs in the City, thereby endangering the public health, safety
and welfare.
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In addition, the City has begun studying the conflict between state and federal law
with regard to the possession and use of marijuana for medicinal purposes. This conflict
is the subject of pending litigation and legislative discussion. The County of San Diego,
the State of California and other public entities are currently involved in litigation
regarding the scope of local public agencies' authority to regulate medicinal marijuana.
To fully understand the impact of the apparent conflict between federal and state law, as
well as the co=unity and statewide concerns regarding the impacts associated with the
establishment of medical marijuana dispensaries, and the fact that federal legislation and
enforcement is currently in flux, it is necessary for the City to continue to study the
potential impacts such facilities may have on the public health, safety, and welfare.
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Other local cities have received recent inquiries regarding their requirements for
medical marijuana facilities. The establishment of medical marijuana facilities before
appropriate procedures and regulations are enacted has the potential to cause adverse
impacts to surrounding development and to risk the public health, safety and welfare of
the City's residents and the general public. It is therefore urgent that the City develop
regulations governing the location and operation of medical marijuana facilities to
prevent adverse impact to the public health, safety and welfare that may result from
unregulated placement and operation of such uses in the City.
The City Council finds that additional planning and research are urgently
necessary to develop appropriate standards to regulate medical marijuana facilities. The
City intends to undertake such a study within a reasonable time. During the course of the
study and planning process, the City Counc~ finds that operators of medical marijuana
facilities and others are likely to submit applications for such uses and the development
of medical marijuana facilities before appropriate regulations and safeguards are in place
may be incompatible with the result of this plllnnine; process. Given the time required to
undertake the study and planning this situation calls for, the City Council finds that it is
necessary that the temporary moratorium be extended to ensure that no medical
marijuana facilities that may be in conflict with the contemplated new development
policies are permitted in the interim. The City Council has the authority to adopt an
interim ordinance pursuant to the City Charter and Government Code Section 65858 in _
order to protect the public health, safety, or welfare. .
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Consideration of E%tension of Interim Ordinance Prahibiting the Establishment
of Marijuana Dispensaries in Any Zoning District Within the City
City Council Staff Report
February 12, 2007
Based on the foregoing, the City Council finds that the approval of use permits,
variances, building permits, business licenses or any other applicable entitlement
providing for the establishment and/or operation of marijuana dispensaries prior to
(I) knowing whether federal law will be routinely enforced against medical marijuana
dispensaries; (2) completing the study of the potential impact Qf such facilities; and
(3) resolving any zoning conflicts based on the fact that no zoning CJ!!1"COtly exists in the
City for such dispensaries; would result in a current and immediate threat to the public
health, safety, and welfare. This Ordinance is an emergency ordinance within the
meaning of the City Charter and an urgency ordinance for the immediate preservation of
the public peace, health and safety within the meaning of Gove=ent Code Section
36937(b) and therefore shall be passed immediately upon its introduction and shall
become effective immediately upon its adoption.
PASSED, APPROVED and ADOPlED this
2007.
day of February
ATIEST:
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CITY CLERK
MAYOR
APPROVED AS TO FORM:
CITY ATIORNEY
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Consideration of Extension of Interim Ordinance Prohibiting the Establishment
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City COlD1cil Staff Report
February 12,2007 e
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that the
foregoing ordinance is an original copy of Ordinance Number on file in the
office of the City Clerk, passed, approved and adopted by the City Council of the City of
Seal Beach, pursuant to the City Charter and Government Code Section 65858, at a
meeting held on the day of ,2007
by the following vote:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmernbers
And do hereby further certify that Ordinance Number
the Seal Beach City Charter and Resolution Number 2836.
has been pub1ished pursuant to
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City Clerk
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Consideration of &tension of Interim Ordinance Prohibiting the Establishment
of Marijuana Dispensaries in Any Zoning District Within the City
City Council Staff Report
February 12, 2007
ATTACHMENT 2
,
REPORT RE: ONGOING STUDY OF THE
IMPACT OF MEDICAL ~ANA
DISPENSARIES AND RELATED LEGAL
ISSUES
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Consideration of Extension of Interim Ordinance Prohibiting the Establishment
of Marijuana Dispensaries in Any Zoning District Within the City
City Council Staff Report
February 12, 2007
REPORT
Pursuant to Government Code Section 65858 (d), the City has prepared this written report
to describe the measures taken to alleviate the condition which led to the adoption of the
urgency moratorium ordinance.
Since the January 22,2007 enactment of the moratorium. staff has consulted with other
cities to determine their experience with medical marijuana clinics and dispensaries.
Staff has been reviewing and monitoring the actions of the Cities of Hawaiian Gardens,
Pasadena, Fairfield, Rocklin and San Francisco with respect to these facilities. Staff is
also reviewing the provisions of Proposition 215, the citizens' initiative that enabled
medical marijuana in Califomia, the provisions of statutes that implemented it, Health
and Safety Code Section 11362.7 through 11362.83, and the effect of the recent u.S.
Supreme Court case in Gonzales v. Raich, 545 U.S. 1 (2005) in which the Court ruled
that the federal government's prohibition against marijuana applied to intrastate
manufacture and possession for medical purposes under California law.
CONSULTATION WITH LEGAL COUNSEL
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Staffhas also been working with the City Attorney's office to define and understand the
co=unity health, safety and welfare issues associated with these uses and to develop
options for addressing those issues. According to the City Attorney, parties interested in
operating medical marijuana dispensaries have already sued California jurisdictions
(pasadena and Fresno, among others) that have banned such dispensaries. Staff believes
that the courts' interpretation of recent Supreme Court decisions will evolve over time, as
will the disposition of current litigation regarding existing bans.
LEGISLATIVE TRACKING
Legislative efforts related to the regualtion of medical marijuana are also continuing at a
national level. If federal law is modified to permit the use of marijuana for medical
purposes and it is determined that California law allows for the establishment of
co=ercial facilities designed to dispense marijuana, the need for proper regulation of
medical marijuana dispensaries is cmcial so. that these sites do not become magnets for
non-medical marijuana sales, drug dealings and other crimes. The City will continue to
track federal legislation on this issue.
CONSULTATION wrrn POLICE DEPARTMENT
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Staff and the City Attorney will soon begin discussions with the Police Department
regarding issues associated with medicai marijuana dispensaries. Staffhas been working
with the City Attomey to identify issues to discuss with the Police Department.
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UPCOMING RESEARCH
Over the next several months, staff intends to continue reviewing other cities' ordinances
pertaining to this issue. We will continue to work with the Police Department to identify
a reco=endation for Council. In addition, the courts may provide further guidance that
we can use in crafting an appropriate ordinance.
Staff is currently evaluating the following long term options:
. Amend the Zoning Code to classify the use as a retail use and allow them in
co=ercial zones.
. Adopt a regulatory ordinance that regulates the operations of a dispensary but not
adopt a zoning restriction. .
. Adopt a regulatory ordinance and zoning ordinance.
. Amend the Zoning Code to prohibit medical marijuana dispensaries city-wide.
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