HomeMy WebLinkAboutCC AG PKT 2007-01-22 #U
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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:
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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. .
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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.
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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
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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
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57296-0001 1945469v2 doc
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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
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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
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S7296-00011945469v2 doc
3
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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:
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. "
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.
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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
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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
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Marijuana DispellSary MoratDrium.Ord
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S7296.DDD1.Manjuana Dispensary Moratorium.Ord
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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
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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
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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
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Marijuana DISpensary MoraIOrium.Ord
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S7296.0001.Manjuana Dispansary Moratorium,Ord