HomeMy WebLinkAboutItem 6.6 MedicalMarijuanaDispen
CITY CLERK
File # DrB~[Q]-~[Q]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: September 20, 2005
Public Hearing - Extending an Urgency Ordinance
Placing a Temporary Moratorium on the Establishment
and Operation of Medical Marijuana Dispensaries.
(Report prepared by Gary Thuman, Police Chief and
Elizabeth H. Silver, City Attorney)
SUBJECT:
ATTACHMENTS:
RECOMMENDATION:
~
FINANCIAL STATEMENT:
DESCRIPTION:
Backwound
1.
2.
3.
Draft Urgency Ordinance Extension
August 16, 2005 Agenda Statement
Urgency Ordinance 21-05 Adopted at the
August 16, 2005 Council Meeting
1.
2.
3.
Open Public Hearing
Receive Staff presentation
Receive Public Testimony and Close Public
Hearing
Deliberate
Adopt the Report Required By Government Code
Section 65858(d)
Waive the reading and adopt the Urgency
Ordinance (4/5 vote required)
4.
5.
6.
No financial impact at this. time.
Tbe City Council on August 16, 2005 adopted a forty-five day moratorium on medical marijuana dispensaries
within the City that will expire on September 30, 2005. (Attachment 3.) The Council may extend the
moratorium for up to a ten month and fifteen day period by a 4/5 vote. Government Code section 65858(d)
requires that the City Council issue a written report of the measures taken to alleviate the conditions that led to
the adoption of the moratorium at least 10 days prior to the expiration of the urgency ordinance. Staff
recommends that the City Council adopt and issue the folJowing report:
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COPIES TO:
Iq}_
G:\CC-MTGS\2005-qlr3\Septl09-20-05\....med m.rij .,I.DOC
ITEMNO.~(p~~
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Report
City staff, both prior to and after the Council adopted the forty-five day moratorium, has been holding internal
meetings and undertaking fact-gathering, as well as contacting San Ramon, Danville. and other cities in
Alameda County that have addressed medical marijuana dispensaries to determine what possible options may
be available to regulate this use. Staff and the City Attorney are working on a comprehensive report to the
Council that will provide information regarding the actions taken by Alameda County cities and the cities of
San Ramon and Danville, as well as the County of Alameda; will provide information regarding issues
associated with medical marijuana dispensaries; will provide information regarding the uses of marijuana for
medical purposes; will provide information regarding the law affecting medical marijuana in California; and
will describe the options available to the Council. The staff proposes to present this report to the Council at a
Council meeting which will be advertised in the community in order to obtain community input at the meeting
on the issue of medieal marijuana dispensaries. After the Council has received eommunity input, Staff will ask
the Council for direction regarding possible regulation of medical marijuana dispensaries, with options spelled
out for the Council. Those options are anticipated to include regulating the location of such dispensaries
through zoning code amendments and requiring a regulatory permit; doing nothing; or banning such
dispensaries. .
The Staff will present the comprehensive report to the Council in time to implement the Council's
direction prior to August 2006.
Urgency Ordinance Extending a Moratorium
California Government Code section 65858 provides statutory authority for the extension of interim
ordinances prohibiting uses that may conflict with a contemplated general plan, specific plan or zoning
proposal that the City is studying or plans to study. The City Council cannot adopt or extend any interim
ordinance unless the ordinance contains a finding that there is a current and immediate threat to the public
health, safety or welfare, and that the approval of applicable land use entitlements would result in that
threat to public health, safety or wclfare. The August 16, 2005 Agenda Statement (Attachment 2) contains
the facts on which the Council can make such findings.
In order to extend the initial moratorium, the Council must first adopt and issue a writtco report ten days
prior to the expiration of the interim ordinance (see above). The Council may then, following notice and a
public hearing, extend the interim ordinance for an additional ten months and fifteen days with a 4/5 vote.
If the Council reaches a decision on the issue ofmedieal marijuana dispensaries prior to August 4,2006,
which would be when the proposed moratorium would expire, it may rescind the moratorium at any time
prior to such date.
Recommendation:
(I) Open Public Hearing; (2) receive Staff presentation; (3) receive public testimony and close pubJic
hearing; (4) Deliberate; (5) by motion, adopt the Report Required By Government Code Section 65858(d);
and (6) waive the reading and adopt the Urgency Ordinance (Attachment 1) imposing a ten month fifteen
day moratorium on medical marijuana dispensaries to protect against a current and immediate threat to the
public health, safety and welfare as set torth in this Agenda Statement and the August 16, 2005 Agenda
Statement.
L~L
IOb\O
ORDINANCE NO. )Ø(-05
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
***********
AN URGENCY ORDINANCE MAKING FINDINGS AND EXTENDING A
MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF MEDICAL
MARIJUANA DISPENSARIES, TO BECOME EFFECTIVE IMMEDIATELY
RECITALS
1. On August 16, 2005, the City Council of the City of Dublin held a duly noticed public
hearing and adopted Ordinance No. 21-05 as an urgency ordinance imposing a forty-five day moratorium
on the operation and establishment of medical marijuana dispensaries.
2. Ordinance No. 21-05 will, unless extended, expire by its own terms on September 30,
2005.
3. Government Code Section 65858 authorizes the extension of an urgency ordinanee, after a
noticed public hearing, to prohibit uses of land whieh may eonfliet with a contemplated general plan,
specific plan or zoning proposal which the legislative body, planning commission or the planning
department is considering or studying or intends to study within a reasonable period of time.
4. The Dublin Municipal Code and Zoning Code are silent with regard to the regulation and
location of medical marijuana dispensaries.
5. The City of Dublin has received inquiries regarding the permitting and establishment of
medical marijuana dispensaries within the City.
6. In order to address both community and statewide concerns regarding the establishment of
medical marijuana dispensaries, it is necessary for the City of Dublin to study the potential impact such
facilities may have on the public health, safety and welfare.
7. Other California cities which have permitted the establishment of medical marijuana
dispensaries have recognized an increase in crime, such as burglary, robbery and sale of illegal drugs in
the areas immediately surrounding such medical marijuana dispensaries. .
8. The City Council finds that it is necessary to study the possible adoption of amendments to
the City's Zoning Code in order to adopt legislation which, to the extent possible, conforms to the
Compassionate Use Act and SB 420 as well as the recent decision of the United States Supreme Court in
Gonzales v. Raiçh clarifying that the provisions of the federal Controlled Substances Act apply to the
personal medical use of marijuana in California pursuant to the Compassionate Use Act.
9. City statfhas commenced a study of the potential impacts of medical marijuana
dispensaries and possible amendments to the City's Zoning Code related to such uses and this process is
still ongoing.
Page 1 of4
ATTACHMENT 1
10·6 Q-20-CS
"Z-°b\O
10. The City Council has received, considered and adopted a report prepared by staff
deseribing the study and the measures that have been taken to date to alleviate the condition which led to
the adoption of the initial urgency ordinance.
II. The City Council has conducted a properly noticed public hearing pursuant to Government
Code Section 65090, and has duly considered all written and verbal testimony presented during the
hearing.
WHEREAS, based on the foregoing and on the findings adopted pursuant to Ordinance No. 21-05,
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 eurrent and immediate threat to the public
health, safety, and welfare, and that therefore a temporary moratorium on the issuance of such permits,
licenses and entitlements is still necessary.
NOW THEREFORE, THE CITY COUNCIL ORDAINS AS FOLLOWS, ADOPTED AS AN
INTERIM ORDINANCE UNDER THE PROVISIONS OF GOVERNMENT CODE SECTION
65858:
A. Continuation of Study of Potential Impacts of Medical Marijuana Dispensary. Staff
is hereby direeted to continue to study the potential harmful sccondary effects associated with medical
marijuana dispensaries and the current and immediate threat such secondary effects pose to the public
health, sai'ety and welfare. Staff shall also continue to study possible amendments to the City's Zoning
Code related to medical marijuana dispensaries that may mitigate the potential threat to the public health,
safety and welfare.
B. Moratorium Imposed.
I. In accordance with the authority granted the City of Dublin under Government Code
Section 65858, from and after the date of this ordinance, no use permit, variance, building permit, or any
other applicable entitlement for use, including but not limited to the issuance of a business liceDse, shall
be approved or issued for the establishment or operation of a medical marijuana dispensary for a period of
ten months and fifteen days.
2. For purposes of this ordinance, "medical marijuana dispensary" means any faeility or
location where a primary caregiver intends to make available, sell, transmit, give, or otherwise provide
medical marijuana to two or more of the following: a qualified patient or a person with an identification
card, or a primary caregiver in strict accordance with Health and Safety Code Scction 11362.5 et ~.,
incJuding but not limited to Health & Safety Code Section 11362.7 (d) (2) and (3). The terms "primary
caregiver", "qualified patient", and "person with an identification card" shall be as defined in Health and
Safety Code Section 11362.5·~~.
3. For purposes of this ordinance, a "medical marijuana dispensary" shall not include the
fol1owing uses, as long as the location of sueh uses are otherwise regulated by applicable law: a elinie
licensed pursuant to Chapter I of Division 2 of the Health & Safety Code, a health care facility lieensed
pursuant to Chapter 2 of Division 2 of the Health & Safety Code, a residential care facility for persons
with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health &
3 ðbJ 0
Safety Code, a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the
Health & Safety Code, a residential hospice, or a home health agency lieensed pursuant to Chapter 8 of
the Health & Safety Code, as long as any such use complies strictly with applicable law including, but not
limited to, Health & Safety Code Sedion 11362.5 ª £!Xl.
C. Authority; Urgency Statement. This ordinance is an interim ordinance adopted as an urgency
measure pursuant to Government Code Section 65858 and is for the immediate preservation of the public
peace, health and welfare. The facts constituting the urgency are these: California cities which have permitted
the establishment of medical marijuana dispensaries have reeognized that doing so has resulted in the creation
of negative secondary cffeets such as an increase in crime, including burglary, robbery and the sale of illegal
drugs, in the areas immediately surrounding medical marijuana dispensaries. The City of Dublin has received
inquiries regarding the pennitting and establishment of medical marijuana dispensaries within the City and
several neighboring cities have or are in the process of adopting moratoriums that may increase the likelihood
that a medical marijuana dispensary will seek to open in the City. The City of Dublin does not currently have
standards in the Dublin Zoning Code related to the location, operation and coneentration of medical marijuana
dispensaries within the City. Absent the adoption of this urgency ordinance, the establishment and operation
of medical marijuana dispensaries in the City would result in the harmful secondary effects identified above.
As a result ofthe 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, in
aecordance with Government Code Section 65858, temporarily establish a ten month fifteen day moratorium
on the establishment and operation of new medical marijuana dispensaries in the City pending the completion
of the City's study of the potential impacts of medical marijuana dispensaries and possible amendments to the
City's Zoning Code.
D. Compliance with California Environmental Quality Aet. This ordinance is not a
"project" within the meaning of Section 15378 of the State CEQA Guidelines, because it has no potential
for resulting in physieal change in the environment, directly or ultimately; it prevents changes in thc
environment pending the completion of the study. This urgency ordinanee is categorically exempt trom
CEQA under section 15308 of the State CEQA Guidelines beeause it is a re.b'ulatory action taken by the
City, in aeeordanee with Government Code section 65858, to assure maintenance and protection of the
environment pending completion of the study.
E. Severability. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid, the remainder ofthe ordinance, including the application of such part or
provision to other persons or circumstances shall not be affected thereby and shall eontinue in full force
and effect. To this end, provisions of this ordinanee are severable. The City Council hereby declares that
it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof
irrespective of the tact that anyone or more sections, subsections, subdivisions, paragraphs, sentences,
clauses, or phrases be held unconstitutional, invalid, or unenforceable.
F. Effective Date. This ordinance shall become effeetive immediately upon adoption if
adopted by at least a four-fifths vote of the City Council and shall be in effeet for ten months and fifteen
days trom the date of adoption unless extended by the City Council as provided for in Govennnent Code
section 65858.
PASSED, APPROVED and ADOPTED this th day of 2005.
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk
Mayor
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50{-- 10
CITY CLERK
File # ~(OJ-[¡]õJ
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: August 16.2005
SUBJECT:
Public Hearing" Urgency Ordinance Placing a
Temporary Moratorium on the Establislunent aDd
Operation of Medical Marijuana Dispcnsaries.
(Report prepart<d by Gary Thuman, Poliçe Chitif and
Elh;(1bt<th H. Silver, City Attorney)
ATTACHMENTS:
1.
Draft Urgency Ordinimce
RECOMMENDATION:
n/
....
1.
2.
3.
Open Public Hearing
Receive Staffpresentation;
Receive Public Testimony and Close Public
Hearing;
Deliberate
Waive Reading and Adopt the Urgeney
Ordinance (4/5 vote required)
4.
5.
FINANCIAL STATEMENT;
No Jinanl:ial impact a! hi~ limc.
DESCRIPTION:
BackllIOund
In 1996, Cali fornia voters enacted the Compassionate Use Act of 1996 ("the Act'). The Act pennits
possession and cultivation ofmarijuana for limited medical treatment purposes, subjec.t to certain
procedural requircmlentG ofthc Aet. On January 1, 2004, 58420 went into effect, which clarifies, and
possibly expands, the scope of the Act. Since 58 420 haI! taken effect, numerous cities in Northern
California have received applications for the issuance of a business license to open a medical marijuana
dispensary. While the term "medical marijuana dispensary" is not defined by either the Act or 58 420,
advocates of medical marijuana have apparently decided thaI medical marijuana dispensaries are the
prefmed method to provide ma.o:ijuima. TQ ens..re the lcgality of the dispensary, the person wishing to
operate the dispcnsary typically seeks to obtain a business license from the City in the same way that any
other business would obtain a business lieense before opening.
On June 6, 2005, thc United States Supreme Court decided Ganzales v. Raich. In Raich, the Court held
that the provisions oftlle federal Controlled Substances Act apply to the personal medical use of
marijuana. The decision firmly established the power offederal agencies to prosecute users and
distribulors of medical marijuana for violation of the ControUed Substanccs Act. However, shortly after
thc Raiah decision came down, the California Attorney General issued a:n opinion stating thai the decision
did not result in th6 preemption of the Compas8ionate Use Act by federal law. As a result, Califomia law
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COPIES TO:
G:\CC-MTGS\200S-<¡tr3\Aug\08-16-0S\a...medical marij....l~
ATTACHMENT 2
enfOlcement IlgeM;"B will likely not change their current pmetices for thc non-arrest iIDd non~r.9skJ&?n
of individuals who are within the legal scope ofCalifomia's Compassionate Use Act. The Attom"y
General's opinion, however, does not prevent federal law enforcement officials fro"" making arrests in
California under th" federal Controlled Substances Act- Despite the Supreme Court's decision, the issue
of whether, and to what extent, Cilliforni;¡ citie~ may regulatc medícal marijuana dispensaries remains
unclear.
The City's Municipal Code does not currently definc or regulate medical marijuana dispensaries through
either a ticense permitting process or zoning regulations. Thus, a person interested in opening such a
dispensary might argue that the use is similar to a pharmacy, medical office or limited retail use and locate
in a number of zonwg districts. Becao.se there first must be a dettmnination whether the use is located in
the correct zoning distriet, the Director of Commllnily Development would have to determine how to
categorize marijuana dispensaries_ Section 8.04.060.C of the Zoning Ordinance provides II procedure for
him to do so. Once the Director has dctennined that the use could be located in the proposed loeation, a
businæs license could be issued.
The zoJling categorization process may not adequately protect the public from the adverse irttpocts of
medieal marijuana dispensaries. The existence and opcration of medical marijuana dispensaries is II
relatively new concept and the [ì.lIl scope of the potential impacts ofdispcnsaries is not known. However,
othcr California communities where dispensarit!s have opened have reported the occurrence of such
negative secondary impacts as:
· Increased crime in the vicinity of the dispensaries;
· Robbery of patients as they go in Or leave thc dispensaries;
· burglary attempts on dispensaries;
· Increased DUIs in thc vicinity of the dispensaries;
· Increased street dealing in the vicinity ol'thc dispensaries:
· Individul!ls smoking marijuana in the vicinity of the dispensaries; and
· Reports of impaets on neighboring businesses due to the criminal element being drawn to
dispensaries.
In light of the potential impacts noted abovc and the uncertainty as to the City's ability to regulate medical
marijuana dispensaries, many ofthe cities and counties acrollB the state facing this issuc (thirty foul, by
last count) have opted to defer taking action by imposing a mOTatoriwn on marijuana díspensaries.
Several neighboring jurisdictions. including the City of PIcas anton, the City of Fremont and the City of
. Livermore, have adopted Or ale considering adopting similar moratorium ordinances, which may increase
the likelihood of II medical marijaana dispensary locating in Dublin. Other neighboring jurisdictions have
taken different approaches. Alameda County recently passed an ordinance that regulates the us<: of
medical marijuana. The CÍjics of San Ramon and Danville have not taken aCtion at this time.
In order to ensure that allowing medical marijuana dispensaries does not hann the publiç, the Couneil may
direct staff to conduct further study of the potential impacts and the possible amendment of the City's
Zoning Code_ If thc Council finds that allowing dispensaries to open prior to the study's completiOlt
could defeat the purpose ofthe study and any subsequent rules and regulations. it may also impose a
moniloriurn on the esL1.blishrnent and operation of such businesscs.
Urgeney Ordinance Inmosing a Moratorium
California Government Code section 65858 provides statutory authority for interim ordinances prohibitiag
uses that may conflict with II contemplated general plan, specific plan or zoning proposal that the city is
2tö3
studying orpla'Os to study. An interim ordÎnanee--commonly cal1ed a mo,atorium--imposes -;1m~)¡;;
land use controls based on a documented, eurrcnt and immediate threat to public health, safety, and
welfitre. An interim ordina'Oce protects and promotes the plan'Oing proeess by prohjbiti'Og the introductio'O
of potentially nonconforming la'Od uses that Muld defeat or impair II later adopted general plan or zoning
ordinance.
Procedurally, such an o-rdinance may be adopted initially wiLhout a public hearil1g following a 4/5 vote of
the legislative body. The initial moratorium lasts for 45 days. After notice and a pubHc hearing. the
ordinance may be extended, again with a 4/5 vote, for an additional 10 months and 15 days. Th~eafter,
the ordi'Oance may be extended for one additional year, again with a 4/5 vote. No more than two
extensions may be adopted. The City Council cannot adopt OT extend any interim ordinance UD.less thc
ordinance còJJtai'O$ a fl-nding that thcre is a current arid immediate threat to the public hea1th, safety or
welfare, arul that the approval of applicable land use entitlements would result in that threat to public
health, safety or welfare. Ten days prior to the expiration of such an ordinan.ce or iUly extension, a written
report is to bc issued describing the measures taken to alleviate the cOndition that led to the adoptio'O of
the ordinance.
Should the City Council establish a moratorium through the adoption ofthjs urgency ordinance, Staff
requests direction as to whethl';{" Staff should return at tile City Council meeting ofSepterobl'JI' 6 to extend
the ordinanc.e lor an additional 10 montbs and 15 days.
Recommendation:
(I) Open Public Hearing; (2) rêCeive Staff presentatioll; (3) receive publie testimOIJy and close public
hearing; (4) Deliberate; and (5) Waive reading and adopt the Urgency Ordinance (Attachment 1) imposing
a 45-day moratorium on medical marijuana dispensaries 10 protect against a current and immediate th.;eat
to the pubJie heal th, safety and welfàre as set forth in this staff report.
3~
ß 6QIO
ORDINANCI: NO. 21 - 05
AN ORDINANCE 0'" filE CITY COUNCIL
OF THE CITY OF DUBLIN
......***.**.......
AN URGENCY ORDINANCE MAKING FINDINGS AND ADOPTING A
MORATORIUM ON TIlE ESTABLISHMENT AND OPERATION OF MEDICAL
MARIJUANA DISPENSARIES, TO BECOME EFFECTIVE IMMEDIATELY
RECITALS
1. In 1996 the voters of the IRate of CaJJfurnia approved Proposition 21 S (codified lIS Health
and Satiny Code Scetion 11362.5 et. ~ and entitled "The Compassionate Use Act of 19%").
2. The intent ofPropo8ition 215 WaR to enable perIIOllS who are in need of medical marijuana
for specified medical purposes to obtain and use it IInder limited, specified circumstances.
3. On January 1,2004, S8 420 went into effi:ct. SB 420 was enacted by the State Legislature
to clari:fÿ the scope of the Compassionate Use Act of 1996 and to allow cities and other governing bodie!'.
to adopt and enforce rules and regulations oonsistent with SB 420.
4. The Dublin. MulÚcipa! Code and Zoning Code are silent with regard to the regulation and
loCBtion of medical marijuana dispensaries_
S. The City of Dublin has received inquiries regardins the pennítting and establishment of
medical marijuana dispensaries within the City.
6. In order to address both community and statewide concerns regarding tbe establishment of
mOOiça.J marijuana dispensaries, it is Ile(;cssary for the City of Dublin to $tUdy the potential impact such
facilities may have on the public health. safety and welfi1re.
7. Other California cities which have permitted tbe e&tablÛJhment of medical marijuana
dispensaries have recognized an increase in crime, such as burgllll'Y, robbery and sale of illegal drugs in the
areas immediately surrounding such medical marijuana dispensaries.
8_ The City Council finds that it is neœssary to study the P05S1'ble adoption of ømendments to
the City's Zoning Code in order to adopt legislation which, to the extent poøsible, conforms to the
Compassionate Use Act andSB 420 as well as the recent decision of the United States Supreme Court in
Gonzaús v. Raich clarifying that the provisions of the federal Controned Substanees Act apply to the
personal medical use of marijuana in California pumnmt to the Compassionate Use Act_
9_ The Community Development Director, in conjunction with the Chiet'ofPoliœ and the City
Attorney, shall immediately COIIlII1tnce to ttte steps to eonduct a study of the pötential impacts of medical
marijuana dispensaries and possible amendments to the City'ø Zoning Code related to medical tnarijuana
dispensaries .
Pap I of3
ATTACHMENT 3
q ð2:;;' 0
WHEREAS, based on the foregoing, the City Council finds that issuing permits, business IlcenieS
or other applicable entit1ements providing for the establislunent and/or operation of medical marijuana
dispensaries, prior to the completiøn øfthe City's stIJdyofthe potentilil impact of such facilities, poses a
current and immediate threat to the public health, safety, and weI&re, and that theœfotl': a temporary
moratorium on the issuance of such permits.licenlles and entitlements is necessary.
NOW THEREFORE., THE CITY COUNCIL HEREBY ORDAINS AS FOLLOWS, ADOPTED AS
AN INTERIM ORDINANCE UNDER THE PROVISIONS OF GOVERNMENT CODE SECTION
65858:
A. Initiation of Study of Potenda( ImpacUl of Medial MarijUDII Dispensary. Staff is
hereby directed to study the potential barmful secondary oftècts usocisted with medical marijuana
dispensaries and the current and irmnedi.ate threat such ROOndary effects pose to the public health, safety
and welfare. Staff shall also study possible amendments to the City' 8 Zoning Code related to medical
marijuana dispensaries that may mitigllte the potential threat to the public health, safety and welfare.
B. Moratorium I.mposed.
I. In accordance with tbe authority granted the City of Dublin under Government Code
Section 65858, from and after the date of this ordinance. no use pennit, variance, building permit, or any
other applic:able entitlement for use, including but not limited to the issuance of a busineø IiQllllll&!,. øhaU be
approved or iwed for the establishment or operation of a medical marijuana dis¡rem¡ary for a period of 45
days.
2. Før pUIpOses of this ordinance, ~medicai marijuana dispensary" mWls any tàcility or
location where a primary caregiver intends to make available, !eJl, transmit, give, or othcJwise provide
medical marijuana to two or more oftbe following: a qualified patient or a person with an identifiClltion
card, or a primary caregiver in strict accordance with Health and Safety Code Section 11362.5 at ~.,
includins but not limited to Health & Safety Code Section 11362_7 (d) (2) and (3). The terms "primary
caregiver", "qualified patient". and ''person with an identification ami" shall be as defined in Health and
Safðty Code Section 11362.5 g ug.
3, For purposes of this ~ a "medicai marijWlJll\ dispensary" IIhlill not include the
following uses, as long S$ the location of such uses are otherwise regulated by applicable law; II clinic
licensed pursuant to Chapter I of Division 2 oftbe Health &. Safety Code, a health CITe fàciJity licensed
pursuant to Chapter 2 of Division 2 of the Health &. Safety Code, a residential care føciJity for persons with
chronic llfe..threatening illness licensed pursuant to Chapter 3_01 of Division 2 of the Health & Safety
Code, a residential <:are f.acility for the elderly licensed pulJUIWt to Chapter 3.2 of Division 2 of the Health
& Safety Code, a residential hospice, or a home health agency licensed pursuant to Chapter 8 of the Health
&. Safety Code, as long 8& any such use compUcs strictly with applicable law including, but not limited to,
Health & Safety Code SectiOJl 11362.5 sa æJ-
C. Authority; Urpney Statement. This ordinance isaninterimordinanceadopteduanurgency
me.uure pursuant to Government Code Section 6S858 and is for the immediate preservation of the public
peace, health and weltkre. The ficts constituûng the urgency are the¡¡e: California cities which have p>;1ll.;tœð
the establishment of medical marijuana dispensaries have recogni;æd that doing so has resulted in the creation
of negative secondary effects such lIS an increase in crime, includin¡ burglary, robbery and the sale of illegal
/000 /0
drugs, in the areas immediately surrounding medical marijuana dispensaries. The City of Dublin has receiwd
inquiries regarding the permitting and eltabli.hm.....t of medical marijuana dispensaries within the City and
several. neighboring cities have or are in the process of adopting mbmtoriums that may increase the li1œlihood
that a medical marijuana dispensary will seek to open in the City. The City ofDublill does not Cl.lITeDtly have
standards in the Dublin Zoning Code related to the location, operation and concentration of medical marijuana
dispensaries within the City. . Abllt'lllt the adoption of this urgency ordinance, the estabIisllmmt IIlld operation of
medical marijuana diapmsørillS ÌII the City would resuh in tbebarmful secondary effects identified above- As a
result ofthc harmful secondary effects associated with medical marijuana dispensaries and the curr~ and
immediate threat such secondary mfects pose to the pubüc health, safety and welfare, it is ncccsll&l'y to, in
ac<:ordance with Government Code Section 658S8, temporarily establish a 45-day moratorium on the
establiøhmlmt and oPenWon ohew medical marijuana dispensaries in the City pending the completion of the
City's study of the potential Ønpacts of medical marijuaDa dispensaries and possible 1IIIlIIIKIment810 the City's
Zoning Code.
E. Compu..oce with CaUfonda EDvironmental Quality Aet. This ordinance is not a
"proj~" within the II"'ßni'18 of Section 15378 oftbe State CEQA Guidelines, because it has no potential
for resulting in physical change in the environment, directly or ultimately; it prevents changes in the
environment pending the completion of the smdy. This urgency ordinance is categoricltlly exempt from
CEQA under sectÎon 15308 of the State CEQA Ouidclines because it is a regulatory action taken by the
City, in IICCOTdlUlce with Govenuncnt Code section 6SSSS, to assure maintenance and protection of the
environment pending completion of the study.
F. Severability. Ifany provision of this ordÎIuml;e or thD application thereof to any person or
circumstance ¡sheld invalid, the remainder of the ordimmce, including the applicøtion ohuch part or
provision to other persoll8 or cÎrCUlIlitances shall not be affected thereby and shall continue in full force
and effect. To this end, provisions of this ordinance are severable. The City Council hereby declares that it
would have pasSed each section, subsection, subdivision, para¡µaph, se:n.tence, clause, or phrase heceof
irrespective of the filet that anyone or more sectiODS, subsecûons, subdivisioll8, paragraphs, SGIltetu:es,
clauses, or phrases be held unconstitutional, invalid, or unenforceable.
G. Effective Date. This ordinance shall becomo effective imntediately upon adoption if
adopted by III least four-ñfths vote of the City Council and ahall be in c:ft'ect for for1y~five days ftom the
date ofadoption unless extended by the City Council as provided fur in Govermnent Code section 65858.
PASSED, APPROVED aud ADOPTED this 16th day of August, 2005, by the following vote;
AVES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers HIldenbrand. McConnick. Qn.veb< and Zika, and Mayor Lockhart
None
None
None
A~1l1I'- ~
City lerk
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