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HomeMy WebLinkAboutCC AG PKT 2007-01-22 #U e AGENDA REPORT DATE: January 22,2007 TO: Honorable Mayor and City Council' THRU: John B. Bahorski, City Manager FROM: Quinn Barrow, City Attorney SUBJECT: 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: e Adopt Ordinance No. 1556, An Interim Ordinance of the City of Seal Beach Prohibiting the Establishment of Marijuana Dispensaries in Any Zoning Dis1rict Within the City and Declaring the Urgency Thereof BACKGROUND: The Seal Beach Municipal Code does n!lt currently pennit the establishment or operation of a medical marijuana dispensary e'MMD") anywhere in the City. Recently, the City received requests to establish MMDs within the City limits, and the applicants were informed that MMDs were unpermitted.' , In some cities containing medical marijuana dispensaries, there has been an increase in crime, such as burglaries, robberies, and sales of illegal drugs in the areas immediately surrounding such dispensaries. Allowing MMDs to locate in Seal Beach could increase , the likelihood that parties would traffic in illegal drugs in the City, thereby endangering the public health, safety and welfare. . e Although the Municipal Code does not allow MMDs, some groups hav~ argued that the California Compassionate Use Ad of 1996 (the "CUA") preempts local control over MMDs, and requires cities to permit MMDs in some locations. Although we believe this position is incorrect, the issue is currently being litigated in several court cases. In addition, it is unclear whether the CUA has been preempted by federal law, given that marijuana is listed on Schedule A of the Federal Controlled Substances Act, and so there is litigation ongoing to resolve th~ federal-state conflict issues as well. Agenda Item tL 57296-llOD1 \945469v2.doc Considuation of Interim Ordinance Prohibiting the Establishment of Marijuana Di.pensaries in Any Zoning District Within the City City Cmmcil StcifJReport January 22, 2007 The proposed moratorium ordinance is a way to preserve the status quo while the City studies ways to protect 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 community and statewide concerns 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. e FISCAL IMPACT: None., RECOMMENDATION: Adopt 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 Quinn M. Barrow City Attorney e Attachment: (I) Attachment l: 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 e 57296-0001 1945469v2 doc 2 Consideration of 1nterim O,dinam:e Prohibiting the E.tablishment of Marijuana DispensQl'ies in AIl)I Zoning District Within the City City Council StcifJ Report January 22, 2007 e ATTACHMENT 1 ORDINANCE NO. 1556, AN INTERIM ORDINANCE OF THE CITY OF SEAL BEACH PROHmITING THE ESTABLISHMENT OF MARIJUANA DISPENSARIES IN ANY ZONING DISTRICT WITHIN THE CITY AND DECLARING THE URGENCY THEREOF e e S7296-00011945469v2 doc 3 e ORDINANCE NO. l556 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 THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: e . " SECTION 1. Moratorium established. The City of Seal Beach hereby establishes an interim moratoriUm on marijwin'a dispensaries, stores, and co-ops in all zoning districts in the City. For purposes of this interim ordinance the term ''marijuana dispensary, store or co-op" shall be broadly and iiberally interpreted to mean and include any location, structure, facility, vehicle, residence, or similar entity used, in full or in part, as a place at or in which marijuana is sold, traded, exchanged, bartered for in any way, made available, located, stored, placed, or cultivated, including any of the foregoing if used in connection with the delivery of marijuana. SECTION 2. Moratorium defined. No marijuana dispensary, store, or co-op, intended to provide marijuana for medicinal uses or any other purpose, shall locate, commence, obtain license for or be entitled by the City, in any zone, or any parcel, or at any place, public or private, within the City. This interim ordinance shall in no way limit. qualified individuals' right to possess, use or cultivate marijuana for their own medicinal purposes as is presently authorized by the laws of the State of California as set forth in the applicable provisions of the Health and Safety Code. SECTION 3. Moratorium term. This Ordinance shall expire, and the moratorium established hereby shall terminate, 45 days after the date of adoption unless extended by the City Council; at a regularly noticed public hearing, pursuant to California Government Code Section 65858. SECTION 4. CEOA Findinl!:. 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. e Z \My DocumcntsIMUNICODElManjuana Di.pcnwy MOlBlOrium,Qrd.DOC\L W\OI-17..(J7 Ordinance Number 1556 Interim Ordinance Prohibiting Establishment of Marijuana Dispensaries in Any Zoning Di.trict January 22, 2007 e SECTION 5. Penaltv. Violation of any provision of this Ordinance shall constitute a misdemeanor and shall be punishal:!le by a fine not to exceed one thousand dollars ($1,000) or by imprisonment for a period not to exceed six (6) months, or by both such fine and imprisonment. Each and every day such a violation exists shall constitute a separate and distinct violation of this Ordinance. In addition to the foregoing, any violation of this Ordinance shall constitute a public nuisance and shall be subject to abatement as provided by all applicable provisions of law. SECTION 6. Lel.!islative Findinl.!s. In 1996 the California voters approved Proposition 215, the Compassionate 'Use Act (the "CUA"), legalizing the use of marijuana for medical purposes under certain conditions. In 2003, the California Legislature passed Senate Bill 420 ("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 sa 420, numerous dispens~es have opened in California to distribute marijuana to individuals with various ' illnesses. In some cities containing medical marijuana dispensaries, there has been an increase in crime, such as burglaries, robberies, and sales of illegal drugs in the areas immediately 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 marijuai1a. A e 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 circumstances 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. There is a 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 community 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. The City has received recent inquiries regarding its 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 'e Marijuana DispellSary MoratDrium.Ord -2of4- S7296.DDD1.Manjuana Dispensary Moratorium.Ord e O,dinance Number 1556 Intuim o,.dinonce Prohibiting Establi.hment of MlJ1'ijuano DispenslJ1'ies in Any Zoning District January 22, 2007 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 Council 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 planning process. Given the time required to undertake the study and planning this situation calls for, the City Council finds that it is necessary that .this ,temporary moratorium be declared to ensure that no medical marijuana facilities that may be in conflict with the contemplated new development policies are permitted in the interim. The G:ity 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. . Based on the foregoing, tlie 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) resolving whether federal law will'be routinely enforced against medical marijuana dispensaries; (2) the City's completion of its study of the potential impact of such facilities; and (3) resolving any zoning conflicts based on the fact that no zoning currently 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 urgency ordinance for the immediate preservation of the public peace, health and safety within the meaning of Government Code Section 36937(b) and therefore shall be passed immediately upon its introduction and shall become effective immediately upon its adoption. , ' PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the day of ,2007. MAYOR ATTEST: . CITY CLERK. Marijuana DISpensary Moratorium,Onl -3of4- S7296.0001 Marijuana Dispensary MOl8lorium,Qrd Ordinance Number 1556 1nterim Ordinance P,ohibiting Establishment of MQ1'ijuana DispensQ1'ies in Any Zoning District . January 22, 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 Nwnber 1556 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 22 nd day of Januarv , 2007 by the following vote: AYES: Councilmembers NOES: Councilmembers. ABSENT: Councilmembers ABSTAIN: Councilmembers And do hereby further certify that Ordinance Number 1556 has been published pursuant _ to the Seal Beach City Charter and Resolution Nwnber 2836. _ City Clerk APPROVED AS TO FORM: City Attorney . Marijuana DISpensary MoraIOrium.Ord -4of4- S7296.0001.Manjuana Dispansary Moratorium,Ord