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HomeMy WebLinkAboutOrd 1357-2005 ORDINANCE NO. 1357-2005 AN INTERIM ORDINANCE OF rfI-IE CI1'Y OF SOUTI-I SAN FRANCISCO MAKING FINDINGS AND EXT'ENDING A TEMPORARY MORATORIlJM ON T'HE ES'fABLISI-IMEN'r AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES, TO BECOME EFFECTIVE IMMEDIKfELY WHEREAS, at its regular Ineeting on May 11, 2005, the City Council held a duly-noticed public hearing to consider the adoption of an interiln ordinance iInposing a temporary Inoratorium on the establishment and operation of medical marijuana dispensaries; and WHEREAS, following discussion of the iteln, the City Council voted unanimously to adopt the interim measure, which became effective ilnmediately, ilnposing a 45-day moratoriuln on the establismnent and operation of Inedical Inarijuana dispensaries within the City of South San Francisco; and WHEREAS, the 45-day Inoratoriuln expired on June 25, 2005; and WHEREAS, California Goverrunent Code section 65858(c) provides that after proper notice pursuant to California Government Code section 65090 and public hearing, a City Councillnay extend any interim ordinance adopted under section 65858 for a period of up to 22 Inonths and fifteen days; and WHEREAS, the City Council wishes to extend the initial period to allow staff additional time to study the potential ilnpacts of allowing Inedicallnarijuana dispensaries in the City, to consult with other jurisdictions to collect data and information related to other Cities' experience regulating such dispensaries, and to prepare possible amendlnents to the City's zoning code. NOW THEREFORE, the City Council of the City of South San Francisco does ordain as follows: Section 1. Findings A. 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 COlnpassionate Use Act of 1996"). B. The intent of Proposition 215 was to enable persons who are in need of medical marijuana for specified medical purposes to obtain and use it under limited, specified circulnstances. C. On January 1, 2004, SB 420 went into effect. SB 420 was enacted by the State to clarify the scope of the Compassionate Use Act of 1996 and to allow cities and other governing bodies to adopt and enforce rules and regulations consistent with SB 420. D. The South San Francisco Municipal Code and Zoning Code are silent with regard to the regulation and location of Inedicallnarijuana dispensaries. E. The City of South San Francisco has recently received inquiries regarding the permitting and establishment of medical marijuana dispensaries within the city. F. In order to address both cOlnlnunity and statewide concerns regarding the establismnent of medical marijuana dispensaries, it is necessary for the City of South San Francisco to study the potential impact such facilities Inay have on the public health, safety and welfare. G. Other California cities which have pennitted the establishment oflnedical marijuana dispensaries have recognized an increase in crime, such as burglary, robbery and sale of illegal drugs in the areas imlnediately surrounding such Inedical marijuana dispensaries. H. The City Council finds that it is necessary to study the possible adoption of atnendments to the City's Zoning Code in order to adopt legislation, which confonns with recently enacted SB 420 as well as recent state and federal case law. 1. Based on the foregoing, the City Council finds that issuingpennits, business licenses or other applicable entitlements providing for the establismnent and/or operation of Inedical marijuana dispensaries, prior to the completion of the City's study of the potential impact of such facilities, poses a current and ilnmediate threat to the public health, safety, and welfare, and that therefore a temporary moratorium on the issuance of such permits, licenses and entitlelnents is necessary. J. The Chief Planner, in conjunction with the City Manager and the City Attorney, has comlnenced a study of the potential impacts of Inedical Inarijuana dispensaries and possible atnendments to the City's Zoning Code related to medical marijuana dispensaries. The Chief Planner and City Attorney shall continue to research and study possible regulation of Inedical marijuana dispensaries and propose appropriate regulation by way of Zoning Code amendlnents. Section 2. l1nposition of Moratorium A. In accordance with the authority granted the City of South San Francisco under Govermnent Code Section 65858 (b), from and after the date of this ordinance, no use permit, variance, building pennit, or any other applicable entitlement for use, including but not limited to the issuance of a business license, shall be approved or issued for the establishment or operation of a Inedical marijuana dispensary for a period of ten Inonths and fifteen days. B. For purposes of this ordinance, "lnedicallnarijuana dispensary" means any facility or location where a primary caregiver intends to make available, sell, transmit, give, or otherwise provide Inedical marijuana to two or Inore 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 Section 11362.5 et seq., including 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 et seq. C. For purposes of this ordinance, a "medical marijuana dispensary" shall not include the following uses, as long as the location of such uses are otherwise regulated by applicable law: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health & Safety Code, a health care 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 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 cOlnplies strictly with applicable law including, but not limited to, Health & Safety Code Section 11362.5 et seq. D. This ordinance is an interim ordinance adopted pursuant to the authority granted the City of South San Francisco under Govermnent Code Section 65858 (b) and is for the ilnlnediate preservation of the public safety, health and welfare. The facts constituting the urgency are: California cities which have permitted the establishment of lnedicallnarijuana dispensaries have recognized that doing so has resulted in the creation of negative secondary effects such as an increase in crilne, including burglary, robbery and the sale of illegal drugs, in the areas immediately surrounding medicallnarijuana dispensaries. The City of South San Francisco has recently received inquiries regarding the permitting and establismnent of lnedical marijuana dispensaries within the City. The City of South San Francisco does not currently have standards in the South San Francisco Zoning Code related to the location, operation and concentration of medical marijuana dispensaries within the City. Absent the extension of this interim ordinance, the establishment and operation of lnedical marijuana dispensaries in the City would result in the harmful secondary effects identified above. As a result of the harmful secondary effects associated with medicallnarijuana dispensaries and the current and immediate threat such secondary effects pose to the public health, safety and welfare, it is necessary to, in accordance with Government Code Section 65858 (b), extend the interiln moratoriuln on the establishment and operation of new lnedicallnarijuana dispensaries in the City for a period often months and fifteen days pending the completion of the City's study of the potential impacts of medical marijuana dispensaries and possible amendlnents to the City's Zoning Code. Section 3. Compliance with California Environmental Quality Act The City Council finds that this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the enviromnent) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations) because it has no potential for resulting in physical change to the enviromnent, directly or indirectly; it prevents changes in the environment pending the completion of the contemplated Zoning Code review. Section 4. Severability If any provision of this ordinance or the application thereof to any person or circulnstance is held invalid, the remainder of the ordinance, including the application of such part or provision to other persons or circumstances 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, paragraph, sentence, clause, or phrase hereof irrespective of the fact that anyone or lnore sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. Section 5. Effective Date This ordinance shall become effective immediately upon adoption if adopted by at least four-fifths vote of the City Council and shall be in effect for ten lTIonths and fifteen days from the date of adoption. * * * * * Introduced and adopted as an Ordinance of the City of South San Francisco at a special lTIeeting of the City Council held the 27th day of June 2005, by the following vote: AYES: Councilmembers Richard A. Garbarino, Pedro Gonzalez, and Karvl MatsUlTIoto, and Mavor Pro TelTI Joseph A. Femekes and Mavor Raymond L. Green NOES: ABSTAIN: ABSENT: ATTEST: As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 27th day of June 2005.