HomeMy WebLinkAboutOrdinance - 2446 - Temporary Moratorium on Medical Marijuana
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ORDINANCE NO. 2446
AN UN CODIFIED INTERIM URGENCY ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF REDDING
IMPOSING A TEMPORARY MORATORIUM ON THE
ESTABLISHMENT OF MEDICAL MARIJUANA
DISPENSARIES IN THE CITY FOR A PERIOD OF 45 DAYS
TO ALLOW THE CITY COUNCIL TIME TO STUDY AND
CONSIDER ENACTMENT OF ZONING REGULATIONS,
AND DECLARING THE URGENCY THEREOF
WHEREAS, in 1996 the voters of the State of California approved Proposition 215 which
was codified as Health and Safety Code Section 11362.5, et seq., and entitled "The Compassionate
Use Act of 1996" ("the Act"); and
WHEREAS, the intent of the Act was to enable persons who are in need of marijuana for
medical purposes to obtain and use it under limited, specific circumstances; and
WHEREAS, on January I, 2004, Senate Bill 420 became effective to clarify the scope of
the Act and to allow cities and counties to adopt and enforce rules and regulations consistent with
SB 420 and the Act; and
WHEREAS, on June 6,2005, in Gonzales v. Raich, 125 S. Ct. 2195 (2005), the United
States Supreme Court found there to be no legally recognizable medical necessity exception under
Federal Law to the prohibition of possession, use, manufacture or distribution of marijuana under
federal law; and
WHEREAS, in February 2009, the U.S.. Attorney General stated that federal law
enforcement officials would cease enforcement at California medical marijuana facilities; and
WHEREAS, City staff has received inquiries nearly daily in the past sixty days from
individuals as to the possibility of establishing medical marijuana dispensaries throughout the City,
and staff is aware of the recent establishment of between ten and twenty new dispensaries, which
mayor may not be as a result of the aforementioned lack of enforcement by federal officials; and
WHEREAS, concerns have been raised by several community members regarding the lack
of current regulations to address the increasing number of permit applications and the impact that
a proliferationloverconcentration of medical marijuana dispensaries and production houses within
the City may have on the community as a whole; and
WHEREAS, citizens of Shasta County have a desire to receive adequate medical marijuana
opportunities provided the facilities are designed and located to minimize the concerns described
above; and
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WHEREAS, the City of Redding has proposed, but not yet fully adopted rules and
regulations specifically applicable to the establishment and operation of medical marijuana
dispensaries, and the lack of such controls may lead to an establishment of dispensaries and the
inabilitY for the City to regulate these establishments in a manner that will protect the general public,
homes and businesses adjacent and near such businesses, and the patients or clients of such
establishments; and
WHEREAS, in order to prevent a rush of additional new businesses prior to the enactment
of permit and zoning restrictions, it is necessary to suspend the approval of medicinal marijuana
dispensaries that may be in conflict with the development standards and regulations the City intends
to implement within a reasonable time.
NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Redding as follows:
Section 1.
The City Council fmds and determines as follows:
I. The above recitals are true and correct and are incorporated herein as if set forth in
full and are relied upon independently by the City Council for its adoption of this urgency ordinance;
and
2. For purposes of this ordinance, "medical marijuana dispensary" means any for-profit
or not -for-profit facility or location, whether permanent or temporary, where the owner( s) or
operator(s) intends to or does possess and distribute marijuana for any purpose. A "medical
marijuana dispensary" includes a marijuana club as described in People v. Peron (1997) 59
Cal.App.4th \383, and further includes medical marijuana cooperatives. A "medical marijuana
dispensary" shall 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 I of Division 2 of the
Health & Safety Code; a healthcare facility licensed pursuant to Chapter 2 of Division 2 of the.
Health & Safety Code; a residential care facility for persons with chronic life-threatening illnesses
licensed pursuant to Chapter 3.01 of Division 2 of the Health & 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 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 1\362.5 et seq.; and
3. This interim ordinance is urgently needed in that the establishment of, or the issuance
or approval of, any permit, certificate of occupancy, or other entitlement for the legal establishment
of a medical marijuana dispensary in the City of Redding will result in an immediate and actual
threat to public health, safety and welfare in that the Redding Municipal Code does not currently
regulate the location and operation of medical marijuana dispensaries and does not have a regulatory
program in effect that will appropriately regulate the location, establishment, and operation of
medical dispensaries in the City; and
4. There is no feasible alternative to 'enactment of this interim moratorium that will
satisfactorily mitigate or avoid the previously identified impacts to the public health, safety and
welfare with a less burdensome or restrictive effect; and
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5. In order to ensure the effective implementation of the City's land use objectives and
policies, a temporary moratorium on approval of additional medicinal marijuana dispensaries is
necessary; and
6. This ordinance is not subject to the California Environmental Quality Act (CEQA)
pursuant to CEQA Guidelines Sections 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) (Title 14, ofthe California Code of Regulations) 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.
Section 2.
Imposition of Moratorium.
In accordance witlt Government Code Section 65858 et seq., for the period ofthis Ordinance,
or any extension thereof, a medical marijuana dispensary 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, including but not limited to issuance of a business license, shall be approved or issued
for the establishment of a medical marijuana dispensary while this ordinance is in effect.
Section 3.
Written Report.
Ten days prior to the expiration ofthis interim Ordinance or any extension thereof, the City
Council shall issue a written report describing the measures taken to alleviate the threat to public
health, safety and welfare tltat led to the adoption of the Ordinance.
Section 4.
Severability
If any provision of this Ordinance or the applications thereof to any person or circumstances
is held invalid, the remainder of the ordinance and the applications of such provision will remain in
effect to the extent permitted by law.
Section 5.
Effective Date and Term.
This interim urgency ordinance shall take effect immediately upon its adoption by a four- fifths
(4/5) vote of the City Council. This interim urgency ordinance shall continue in effect for forty-five
(45) days from the date of its adoption and shall thereafter be of no further force and effect unless,
after notice pursuant to California Government Code Section 65090 and a public hearing, tlte City
Council extends this interim urgency ordinance for an additional period of time pursuant to California
Government Code Section 65858.
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I HEREBY CERTIFY that the foregoing ordinance was introduced, read and adopted by
the City Council at a regular meeting on the 20'h day of October, 2009, by the folIowing vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Dickerson, Jones, McArthur and Stegall
None
Bosetti
None
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RICK BOSETTI, Mayor
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Attest:
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Form Approved:
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P AMALA MIZE, Depu .' ity Clerk
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RICHARD A. DUVERNAY, City ktlorney
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