HomeMy WebLinkAboutOrdinances - No. 1823ORDINANCE NO. 1823
AN UNCODIFIED INTERIM URGENCY ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF LODl EXTENDING ORDINANCE
NO. 1822 IMPOSING A TEMPORARY MORATORIUM ON THE
ESTABLISHMENT OR OPEWTION OF MEDICAL MARIJUANA
DISPENSARIES IN THE CITY OF LODl .........................................................................
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 Proposition 215 was to enable persons who are in need
of marijuana for medical purposes to obtain and use it under limited, specified
circumstances; and
WHEREAS, on January 1, 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, under the US. Controlled Substances Act, marijuana is classified as
a Schedule 1 drug, meaning it has no accepted medical use; and
WHEREAS, the City of Lodi (the "City") has received inquiries from members of
the public as to the permitting process and zoning regulations for operating medical
marijuana dispensaries within the City; and
WHEREAS, medical marijuana dispensaries raise issues of first impression for
the City, which currently does not address or regulate in any manner the existence or
location of medical marijuana dispensaries in its Municipal Code; and
WHEREAS, based on recent trends, the City believes that it may receive a
growing number of inquiries for such businesses, including an application in the
immediate future; and
WHEREAS, other California cities that have permitted the establishment of
medical marijuana dispensaries have witnessed an increase in crime, such as
burglaries, robberies, and the sale of illegal drugs in the areas immediately surrounding
such dispensaries; and
WHEREAS, the City must study and analyze concerns about the potential
negative impacts on the public health, safety, and welfare arising from medical
marijuana dispensaries, including, but not limited to, criminal incidents, loitering,
disturbing the peace, and property damage; and
WHEREAS, the City must study the scope of the City's police power and draft
the necessary municipal code provisions; and
WHEREAS, if medical marijuana dispensaries were allowed to be established in
the City without appropriate regulation, such uses might be established in areas that
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would conflict with the General Plan currently under consideration by the Planning
Commission and the City Council, be inconsistent with surrounding uses, or be
detrimental to the public health, safety, and welfare; and if such uses were allowed to
proceed as allowed under the current zoning, such uses could conflict with, and defeat
the purpose of, the proposal to study and adopt new regulations regarding medical
marijuana dispensaries; and
WHEREAS, the issuing of 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 current and immediate threat to the public health, safety, and welfare,
and that a temporary moratorium on the issuance of such permits, licenses, and
entitlements is thus necessary; and
WHEREAS, this Ordinance is not subject to the California Environmental Quality
Act (CEQA) pursuant to Section 15060(c)(2) (the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment) and Section
15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, 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
General Plan adoption and zoning ordinance review; and
WHEREAS, California Government Code §65858 authorizes cities to adopt
moratoriums on land use entitlements in order to study any uses that may be in conflict
with a contemplated general plan, specific plan, or zoning proposal; and
WHEREAS, for the protection of the public’s health, safety, and general welfare,
the City Council on April 15, 2009, adopted Ordinance No. 1822 entitled an Uncodified
Urgency Interim Ordinance of the City Council of the City of Lodi making findings and
imposing a forty-five (45) day moratorium on the establishment or operation of medical
marijuana dispensaries in the City of Lodi; and
WHEREAS, the City Council desires to extend Ordinance No. 1822 for a period
of ten (10) months and fifteen (15) days, as permitted by Government Code Section
65858, to maintain the current status quo and to provide time for the City to study
applicable law, a permit or licensing procedure, the appropriate zoning districts for such
uses, and adopt regulatory standards and conditions to be imposed on such operations.
NOW, THEREFORE, BE IT ORDAINED BY THE LODl CITY COUNCIL AS
FOLLOWS:
Section 1. The City Council finds that in accordance with the terms and provisions of
Section 65858 of the Government Code, and following notice given in the time and
manner required by law, it held a public hearing on the extension of Ordinance No. 1822
on May 20, 2009. After hearing all applicable evidence, the City Council finds that the
conditions and findings cited in Ordinance 1822 continue to exist and that further study
by City staff is necessary in order to study applicable law, a permit or licensing
procedure, the appropriate zoning districts for such uses, and to adopt regulatory
standards and conditions to be imposed on such operations.
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Section 2. Imposition of Moratorium.
A. In accordance with Government Code Section 65858, from and after the
date of the expiration of Ordinance No. 1822, no use permit, variance, building permit,
business license, or other applicable entitlement for use shall be approved or issued for
the establishment or operation of a medical marijuana dispensary for a period of ten (10)
months and fifteen (15) days.
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 card, or a primary
caregiver. For purposes of this ordinance, the terms “primary caregiver,“ “qualified
patient,’’ and “identification card” shall have the same meaning as that set forth in Health
and Safety Code Section 11362.7, et seq.
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C. For purposes of this Ordinance, a medical marijuana dispensary shall not
include the following uses, as long as the location of such uses is otherwise regulated by
applicable law and as long as such use complies strictly with applicable law, including,
but not limited to, Health and Safety Code Section 11362.7, ef seq.: (1) a clinic, licensed
pursuant to Chapter 1, Division 2 of the Health and Safety Code (commencing with
51200); (2) a health care facility, licensed pursuant to Chapter 2 of Division 2 of the
Health and Safety Code (commencing with 51250); (3) a residential care facility for
persons with chronic life-threatening illness, licensed pursuant to Chapter 3.01 of
Division 2 of the Health and Safety Code (commencing with §1568.01); (4) a residential
care facility for the elderly, licensed pursuant to Chapter 3.2 of Division 2 of the Health
and Safety Code (commencing with 91569); or (5) a hospice or home health agency
licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code
(commencing with §1725), the owner or operator, or no more than three employees who
are designated by the owner or operator, of the clinic, facility, hospice, or home health
agency, if designated as a primary caregiver by that qualified patient or person with an
identification card.
D. This Ordinance is an urgency ordinance adopted pursuant to the authority
granted to the City of Lodi by Government Code Section 65858 and is for the immediate
preservation of the public health, safety, and welfare. The City Council of the City of
Lodi hereby finds and declares that there is a need to enact an urgency ordinance
establishing a moratorium on medical marijuana dispensaries, based upon the following
findings:
(1) California cities that have permitted the establishment of medical
marijuana dispensaries have found that such dispensaries have
resulted in negative and harmful secondary effects, such as an
increase in crime, including robberies, burglaries, and sales of
illegal drugs in the areas immediately surrounding medical
marijuana dispensaries. This potential for increased risk of crime
and violence presents a clear and immediate danger to the public
health, safety and welfare of the residents of the City of Lodi; and
The City has recently received inquiries from members of the
public as to the permitting process and zoning regulations for
operating medical marijuana dispensaries within the City; and
(2)
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The City does not currently have standards in its Municipal Code
relating to the location, operation, and concentration of medical
marijuana dispensaries within the City; and
If medical marijuana dispensaries were allowed to be established
without appropriate review of location and operational criteria and
standards, such uses might be established in areas that would
conflict with the General Plan under consideration by the Planning
Commission and the City Council, be inconsistent with
surrounding uses, or could have potential adverse secondary
effects on neighborhoods in the City and be detrimental to the
public health, safety, and welfare; and
The failure to extend the existing moratorium may result in
significant irreversible change in the character of the community
and the neighborhood surrounding any marijuana dispensary that
would be allowed to open under the City’s Municipal Code; and
Permitting a marijuana dispensary to open while the City is
studying and considering a new General Plan as well as zoning
regulations to regulate and/or prohibit this use would defeat the
purpose of studying these impacts in the first place; and
As a result of the negative and 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 extend the existing
moratorium on the establishment and operation of medical
marijuana dispensaries in the City for a period of ten (10) months
and fifteen (15) days from and after the date of the expiration of
Ordinance No. 1822, to allow for the completion of the City’s study
of the potential impacts of medical marijuana dispensaries and
possible amendments to the City’s Municipal Code.
Section 3. Severabilitv. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to
be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such
decision shall not affect the validity or effectiveness of the remaining portions of this
Ordinance or any part thereof. The City Council of the City of Lodi hereby declares that
it would have passed each section, subsection, subdivision, paragraph, sentence, clause
or phrase thereof irrespective of the fact that any one or more sections, subsections,
subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or
invalid or ineffective.
Section 4. No Mandatow Duty of Care. This Ordinance is not intended to and shall
not be construed or given effect in a manner which imposes upon the City, or any officer
or employee thereof, a mandatory duty of care towards persons or property within the
City or outside of the City so as to provide a basis of civil liability for damages, except as
otherwise imposed by law.
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Section 6.
repealed insofar as such conflict may exist.
Section 7. Effective Date. This urgency Ordinance shall be published one time in
the “Lodi News Sentinel,” a daily newspaper of general circulation printed and published
in the City of Lodi, and shall be in force and take effect immediately upon its passage
and approval by at least four-fifths vote of the City Council the expiration of Ordinance
No. 1822 (May 30, 2009), and shall be in effect for a period of ten (10) months and
fifteen (15) days (April 14, 2010), unless repealed or extended by further action of the
City Council as provided by Government Code Section 65858
Conflict. All ordinances and parts of ordinances in conflict herewith are
AppRved this 20th day of May, 2009
Mayor
ATTEST: (Lhm.&hL
JNNIFER M. PERRIN
Assistant City Clerk
State of California
County of San Joaquin, ss.
I, Jennifer M. Pertin, Assistant City Clerk of the City of Lodi, do hereby certify that
Ordinance No. 1823 was adopted as an urgency ordinance at a regular meeting of the
City Council of the City of Lodi held May 20, 2009, and was thereafter passed, adopted,
and ordered to print by the following vote:
AYES:
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
ABSTAIN: COUNCIL MEMBERS - None
I further certify that Ordinance No. 1823 was approved and signed by the Mayor
COUNCIL MEMBERS - Hitchcock, Johnson, Katzakian, Mounce,
and Mayor Hansen
on the date of its passage and the same has been published pursuant to law.
&%NIFEF!h. PERRIN
ity Attorney
fksistant City Clerk
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