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HomeMy WebLinkAboutORD 317 2005 0706ORDINANCE NO. 317 AN INTERIM URGENCY ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, MAKING FINDINGS AND ESTABLISHING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. Findings A. 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 "). B. The intent of Proposition 215 was to enable persons who are in need of medical marijuana for medical purposes to obtain and use it under limited, specified circumstances. C. On January 1, 2004, SB 420 went into effect. SB 420 was enacted by the Legislature 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. D. The Moorpark Municipal Code, including the Moorpark Zoning Code, does not address or regulate in any manner the existence or location of medical marijuana dispensaries. E. After receiving inquiries from persons interested in establishing medical marijuana dispensaries, numerous other cities in the State of California have adopted ordinances prohibiting or heavily regulating such dispensaries. Because a significant number of cities, including cities in the County of Ventura such as the City of Simi Valley, have prohibited or heavily regulated medical marijuana dispensaries, there is a substantially increased likelihood that such establishments will seek to locate in the City of Moorpark, thus creating a current and immediate threat to the public health, safety, or welfare. F. Other California cities that have permitted the establishment of medical marijuana dispensaries have witnessed an increase in crime, such as burglaries, robberies, and sales of illegal drugs in the areas immediately surrounding such dispensaries. Recent examples from last year include: men who kicked in the window of a medical marijuana dispensary in Oakland and tried to burglarize the dispensary; in Alameda County, thieves broke into a medical marijuana dispensary, burglarized the safe and robbed persons present. Furthermore, the United Ordinance No. 317 Page 2 States Department of Justice's California Medical Marijuana Information report has advised that large -scale drug traffickers have been posing as "care givers" to obtain and sell marijuana, thus increasing the likelihood that such parties would traffic in illegal drugs in the City, thereby endangering the public health, safety and welfare. G. The Supreme Court of the United States ruled in United States v. Oakland Cannabis Buyers' Cooperative, 532 US 483 (2001) that, notwithstanding California law, the federal Controlled Substances Act continues to prohibit marijuana use, distribution, and possession, and that no medical necessity exception exists to these prohibitions. H. The Supreme Court of the United States ruled in Gonzales v. Raich, U.S. LEXIS 4656 (2005), that pursuant to the commerce clause, the federal government has the power to prohibit the local cultivation and use of marijuana, even though such cultivation and use complies with California law. I. In Gonzales v. Raich, the Supreme Court of the United States did not indicate that California law was invalid, but rather, merely indicated that the federal government could continue to enforce its medical marijuana laws. J. Members of Congress consistently introduce bills which would, among other things, have the effect of legalizing the medical use of marijuana in California, or impose moratoriums on all federal government enforcing marijuana laws against users of marijuana for medical purposes. For example, on May 4, 2005, Representative Frank introduced HR 2087, with 36 co- sponsors, to provide for the medical use of marijuana in accordance with the laws of the various States. The most recent action on HR 2087 was taken May 13, 2005, when it was referred to the House Subcommittee on Health. K. Even though medical marijuana dispensaries violate federal law, these facilities continue to operate throughout California. Prior to the issuance of Gonzales v. Raich, the federal government has only infrequently enforced its anti -drug laws against medical marijuana dispensaries. For example, as of June 7, 2005, there were nine medical marijuana facilities operating in the City of West Hollywood. It is unclear whether, after Gonzales v. Raich, the federal government will strongly enforce its laws. L. To address the apparent conflict between federal and state law, as well as the community and statewide concerns regarding the establishment of medical marijuana dispensaries, Ordinance No. 317 Page 3 and the fact that federal legislation and enforcement is currently in flux, it is necessary for the City of Moorpark to study the potential impacts such facilities may have on the public health, safety, and welfare. M. Based on the foregoing, the City Council finds that approving additional subdivisions, use permits, variances, building permits or any other applicable entitlement providing for the establishment and /or operation of medical marijuana dispensaries prior to (1) resolving whether federal law will be routinely enforced against medical marijuana dispensaries; (2) the City's completion of its study of the potential impact of such facilities; and (3) resolving any zoning conflicts based on the fact that no zoning currently exists in the City for such dispensaries; would result in the current and immediate threat to the public health, safety, and welfare. The City finds that a temporary moratorium on the issuance of such entitlements is therefore necessary. SECTION 2. Imposition of Moratorium A. In accordance with the authority granted the City of Moorpark under Government Code Section 65858, and pursuant to the findings stated herein, from and after the date of this ordinance, no use permit, variance, building permit, business license or other applicable entitlement shall be approved or issued for the establishment or operation of a medical marijuana dispensary for a period of forty -five (45) days. B. "Medical marijuana dispensary" includes any site, facility, location, use, cooperative or business which distributes, sells, exchanges, processes, delivers, gives away, or cultivates marijuana for medical purposes to qualified patients, health care providers, patients' primary caregivers, or physicians pursuant to Proposition 215, Health & Safety Code § 11362.5 et seq. or any State regulations adopted in furtherance thereof. Marijuana shall also mean cannabis and all parts of that plant. C. This ordinance is an interim urgency ordinance adopted pursuant to the authority granted to the City of Moorpark by Government Code Section 65858, and is for the immediate preservation of the public health, safety, and welfare. The facts constituting the urgency are: (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, Ordinance No. 317 Page 4 burglaries, and sales of illegal drugs in the areas immediately surrounding medical marijuana dispensaries; (2) after receiving inquiries from persons interested in establishing medical marijuana dispensaries, numerous other cities in California, including cities in the County of Ventura, have adopted ordinances prohibiting or heavily regulating such dispensaries, and because a significant portion of the region has prohibited or heavily regulated medical marijuana dispensaries, there is a substantially increased likelihood that such establishments will seek to locate in the City of Moorpark; standards operation, within the (3) the City of in its Municipal concentration and City; Moorpark does not currently have Code relating to the location, of medical marijuana dispensaries (4) absent the adoption of this interim urgency ordinance, the establishment and operation of medical marijuana dispensaries in the City of Moorpark would result in the negative and harmful secondary effects other cities have experienced, as identified above; (5) currently the state and federal laws relating to medical marijuana dispensaries conflict, and federal legislation continues to be introduced which, if passed, would substantially change the regulation of medical marijuana facilities; and (6) as a result of the conflict in state and federal laws on the matter, coupled with negative and harmful secondary effects associated with medical marijuana dispensaries, the current and immediate threat such secondary effects pose to the public health, safety, and welfare, and the zoning conflicts that would be created by the establishment and operation of a medical marijuana dispensary, it is necessary to establish a temporary, forty -five (45) day moratorium on the establishment and operation of new medical marijuana dispensaries in the City, pending resolution of the conflict of laws by the Congress of the United States, completion of the City's study of the potential impacts of medical marijuana dispensaries, and possible amendments to the City's zoning ordinances. 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 Ordinance No. 317 Page 5 reasonably foreseeable indirect physical change in the environment) and 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 municipal code review. SECTION 4. Severability If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. SECTION 5. Effective Date Consistent with Government Code 65858, this ordinance shall become effective immediately upon adoption if adopted by at a least four - fifths vote of the City Council and shall be in effect for forty -five days from the date of adoption unless extended by the City Council as provided for in the Government Code. SECTION 6. Publication The City Clerk shall certify to the adoption of this ordinance and cause it, or a summary of it, to be published once in a newspaper of general crday ti printed and published within the City of Moorpark. PASSED AND ADOPTED this 6t of Ju ly, ter, Mayor ATTEST: Deborah TraffenstKK, City Clerk Ordinance No. 317 Page 6 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) CITY OF MOORPARK ) I, Deborah S. Traffenstedt, Moorpark, California, do hereby ce that the foregoing Interim Urgency by the City Council of the City of held on the 6th day of July, 2005, by the following vote: ss. City Clerk of the City of rtify under penalty of perjury Ordinance No. 317 was adopted Moorpark at a regular meeting and that the same was adopted AYES: Councilmembers Harper, Mikos, Millhouse, Parvin, and Mayor Hunter NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 8th day of July, 2005. Deborah S. TraffenstL5rt, City Clerk (seal)