HomeMy WebLinkAboutOrd 2010-3134-CORDINANCE N0.3134-C
URGENCY ORDINANCE TO EXTEND AN INTERIM URGENCY
ORDINANCE OF THE CITY OF CHULA VISTA EXTENDING BY 12
MONTHS A MORATORIUM ON THE LEGAL ESTABLISHMENT
AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES
AND COOPERATIVES WITHIN THE CITY OF CHULA VISTA
PURSUANT TO GOVERNMENT CODE SECTION 65858
WHEREAS, in 1996 the voters of the state of California approved Proposition 215
(codified as Health and Safety Code section 11362.5 et seq., and entitled "The Compassionate
Use Act of 1996"); and
WHEREAS, the intent of Proposition 215 was to enable seriously ill Californians to
legally possess, use, and cultivate marijuana for medical use under state law; and
WHEREAS, as a result of Proposition 215, individuals have established medical
mazijuana dispensaries in various cities; and
WHEREAS, there is no state regulation or standard on the cultivation and/or distribution
of medical mazijuana and each local jurisdiction may establish local guidelines in accord with
unique local concerns; and
WHEREAS, in October 2005, the State Board of Equalization instituted a policy that
allows medical marijuana dispensazies to obtain a seller's permit, thus enabling the state to
collect sales tax on medical marijuana sales; and
WHEREAS, in March 2009, the US Attorney General stated that federal law enforcement
officials would ease enforcement at California medical marijuana establishments; and
WHEREAS, the City of Chula Vista has not adopted rules and regulations specifically
applicable to the establishment and operation of medical marijuana dispensazies and cooperatives
and the lack of such controls may lead to a proliferation of dispensaries and the inability of the
City to regulate these establishments in a manner that will protect the general public, homes and
businesses adjacent to and neaz such businesses, and the patients or clients of such
establishments; and
WHEREAS, a medical marijuana dispensary and/or cooperative currently is expressly
prohibited by an interim urgency ordinance; and
WHEREAS, the establishment of a medical marijuana dispensaries and/or cooperatives
in the City will result in a direct and immediate threat to the public health, safety and welfare
because the City does not currently regulate the location and operation of medical mazijuana
dispensaries and does not have a regulatory program in effect that will appropriately regulate the
location, establishment, and operation of dispensaries and/or cooperatives in the City; and
Urgency Ordinance No. 3134-C
Page 2
WHEREAS, the first extension of the interim urgency ordinance was insufficient for
Staff to comprehensively review and consider options for the regulation of medical marijuana
dispensaries in the City. The proposed and final extension would allow sufficient time to
complete said report and make recommendations to the Planning Commission; and
WHEREAS, the City Council now desires to adopt this Ordinance as an urgency
ordinance, effective immediately, to continue the previously approved interim urgency ordinance
placing a 45-day moratorium, extended for 10 months and fifteen days, and prohibit the
establishment of medical marijuana dispensaries, as define hereafter, in any zone of the City of
Chula Vista pursuant to the authority set forth in California Government Code Section 65858.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES
ORDAIN AS FOLLOWS:
SECTION I. Definition. For purposes of this ordinance, "medical marijuana dispensary"
shall mean any facility or location where a primary caregiver intends to or does make available,
sell, transmit, give, or otherwise provide medical marijuana to two or more of the following: a
qualified patient, a person with an identification cazd, or a primary cazegiver. For purposes of
this ordinance, the terms "primazy cazegiver," "qualified patient," and "a person with an
identification card" shall have the same meaning as that set forth in Health and Safety Code
Section 11362.5, et seq. A "medical mazijuana dispensary" does not include the following uses,
as long as the location of such uses are otherwise regulated by the City's Municipal Code: a
clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety code: a health Gaze
facility licensed 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 & Safety Code; a residential caze facility 14 the elderly licensed
pursuant 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 as any
such use complies strictly with applicable law including, but not limited to, Health & Safety
Code Section 11362.5 et seq.
SECTION 2. There is a current and immediate threat to the health, safety and welfare of
the citizens of the City of Chula Vista if a medical marijuana dispensary locates in the City prior
to the completion of the comprehensive report addressing appropriate rules and regulations of
same. For the period of this ordinance a medical marijuana dispensazy shall be considered a
prohibited use in any zoning district of the City, even if located within an otherwise permitted
use. No permits or authorizations for a medical mazijuana dispensary shall be issued while this
ordinance is in effect.
SECTION 3. The City Council finds that this ordinance is not subject to environmental
review under the California Environmental Quality Act pursuant to Title 14 of the California
Code of Regulations (CEQA Guidelines) § 15060(c)(2) (the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment) and §15060(c)(3) (the
activity is not a project as defined in Section 15378) because it has no potential for resulting in
physical change to the environment, directly or indirectly, it prevents changes in the environment
pending the completion of the contemplated Municipal Code review.
Urgency Ordinance No. 3134-C
Page 3
SECTION 4. The City Manager or his designee shall: (1) review and consider options for
the regulation of medical marijuana dispensaries in the City, including, but not limited to the
development of appropriate rules and regulations governing the location and operation of such
establishments in the City; (2) meet with medical patients, advocates, ]aw enforcement
representatives, and other interested parties; and (3) shall report back to Council describing the
measures which the City should take to address the conditions which led to the adoption of this
ordinance with the City Council ten (10) days prior to the expiration of this interim ordinance, or
any extension thereof.
SECTION 5. This interim ordinance is extended pursuant to Section 65858 of the
California Government Code.
SECTION 6. The City Council declares this Ordinance is necessary as an urgency
measure to preserve and address existing and immediate threats to the public health, safety, and
welfare. Thus urgency Ordinance is adopted pursuant to Section 65858 of the California
Government Code.
SECTION 7: Effective Date. This Ordinance is hereby declazed to be an urgency
measure pursuant to Government Code section 36937 and City Charter section 31 I(d), and shall
take effect immediately upon its adoption by not less than afour-fifths (4/5) vote of the City
Council and shall extend the current moratorium by 12 months pursuant to Government Code
section 65858. The City Clerk shall certify passage and adoption of this Ordinance by not less
than afour-fifths (4/5) vote of the City Council, and shall make a minute of the passage and
adoption in the records of the proceedings of the City Council at which this Ordinance was
passed and adopted.
SECTION 8. Expiration. This moratorium shall be of no further force or effect upon the
expiration of 12 months from the date of its passage.
SECTION 9. Severability. If any section, sentence, clause or phrase of this Ordinance is
for any reason held to he invalid or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declazes that it would have passed this ordinance and
adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the
fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid
or unconstitutional.
Presented by
~~~,.
Chance C. Hawkins
Deputy City Attorney
Approved as to form by
~~~
B . Miesfeld
C ty Attorney
Urgency Ordinance No. 3134-C
Page 4
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 22nd day of June 2010, by the following vote:
AYES: Councilmembers: Bensoussan, Castaneda, Thompson and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: Ramirez
~~
Cheryl Cox, M r
ATTEST:
"" `~ ~J~-c / 18//Ut~
Donna R. Norris, CMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3134-C was duly published in summary form in accordance with the
requirements of state law and the City Charter.
Executed this 22nd day of June 2010.
Donna R. Norris, C, City Clerk