HomeMy WebLinkAboutCC ORD 2009-2322ORDINANCE NO. 2009 — 2322
AN INTERIM ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY ADOPTED
PURSUANT TO GOVERNMENT CODE SECTION 65858
AS AN URGENCY MEASURE EXTENDING FOR 10
MONTHS AND 15 DAYS A MORATORIUM PROHIBITING
ESTABLISHMENTS DISPENSING MARIJUANA
FOR MEDICAL PURPOSES IN NATIONAL CITY
WHEREAS, National City, acting through its City Council functioning as the
Board of the Community Development Commission ("CDC"), has been very proactive over the
years in efforts to eliminate blight and revitalize the City through redevelopment activities; and
WHEREAS, the CDC Board has created a redevelopment project area of
approximately 2,000 acres in the community; and
WHEREAS, in addition to various projects within the redevelopment project area,
the CDC Board has submitted land use and specific plan proposals for the approval by the City,
including proposals affecting the Downtown Project in the vicinity of 8th Street and National City
Boulevard, and that portion of the City which is west of National City Boulevard; and
WHEREAS, the City is engaged in the initial stages of amending the General
Plan; and
WHEREAS, a common element of the zoning, Redevelopment Plan, General
Plan, and specific plan proposals is the encouragement of projects within specified areas which
would promote a certain atmosphere of cohesiveness and harmony of land uses within those
areas; and
WHEREAS, as a result of the enactment of Health and Safety Code Section
11362.5, known as the Compassionate Use Act of 1996, inquiries have recently been made to
City staff concerning the location in the City of establishments dispensing marijuana for medical
purposes; and
WHEREAS, there is concern by the City Council that such establishments may
conflict with the contemplated Redevelopment, Zoning, General Plan, and specific plan
proposals described hereinabove and which the City will be considering in the future; and
WHEREAS, research conducted by the National City Police Department through
the DEA concludes that marijuana is a dangerous, addictive drug that poses significant health
threats to users; marijuana has no medical value that can't be met more effectively by legal
drugs; marijuana users are far more likely to use other drugs like cocaine and heroin than non -
marijuana users; and proponents of legalizing marijuana use "medical marijuana" as a red
herring in an effort to advocate broader legalization of drug use; and
WHEREAS, the City Council has considered the recommendation of Dr. Adolfo
Gonzales, Chief of Police, on behalf of the National City Police Department, which is firmly
opposed to the location of medical marijuana establishments in the City; and
WHEREAS, the City Council finds it necessary and appropriate to study and
consider the effects of establishments dispensing marijuana for medical purposes, for example,
Ordinance No. 2009 — 2322
Page 2 of 3
to gather information as to the effect such establishments have had upon other communities;
and
WHEREAS, the City Council finds that existing land use controls do not
adequately address the potential adverse effects of establishment dispensing marijuana for
medical purposes in the community; and
WHEREAS, the City Council finds that there is a current and immediate threat to
the public health, safety and welfare from the location in the City of establishments dispensing
marijuana for medical purposes, and that the issuance of building permits, certificates of
occupancy and other entitlements for use by such establishments would result in a threat to the
public health, safety and welfare; and
WHEREAS, at their regular public meeting held on July 21, 2009, the City
Council adopted, as an urgency interim ordinance, Ordinance No. 2009-2321, enacting a
moratorium for 45 days prohibiting establishments dispensing marijuana for medical purposes in
the City; and
WHEREAS, among other provision, Ordinance No. 2009-2321 directed the
Planning Commission to commence studies and procedures necessary for the adoption of
measures prohibiting or regulating establishments dispensing marijuana for medical purposes;
and
WHEREAS, at their regular public meeting held on August 17, 2009, the
Planning Commission considered the subject of medical marijuana dispensaries and directed
City staff to proceed with further studies and return with a recommendation regarding such
establishments; and
WHEREAS, on August 18, 2009, the City Council adopted Resolution No. 2009 —
202, "Approving and Authorizing Issuance of a Written Report Pertaining to a Moratorium
Ordinance Prohibiting Establishments Dispensing Marijuana for Medical Purposes in the City;"
and
WHEREAS, on September 1, 2009, the City Council held a public hearing, at
which time oral and documentary evidence was heard, to consider adopting an urgency
ordinance to extend for an additional period of 10 months and 15 days the 45 day moratorium
established by Ordinance No. 2009-2321; and
WHEREAS, the City Council finds it essential to protect the health, safety and
welfare of the citizens of the City of National City to extend for an additional period of 10 months
and 15 days the moratorium established by Ordinance No. 2009-2321 prohibiting
establishments dispensing marijuana for medical purposes in National City; and
WHEREAS, the City Council intends to adopt, after appropriate study, zoning
regulations governing or prohibiting establishments dispensing marijuana for medical purposes
in National City as soon as practicable, and directs the staff to continue studies and procedures
necessary for the adoption of such regulations or prohibitions.
NOW, THEREFORE, the City Council of the City of National City does ordain as
follows:
Ordinance No. 2009 — 2322
Page 3 of 3
Section 1. For a period of 10 months and 15 days from the effective date of
this Ordinance, no building permit, certificate of occupancy, nor entitlement for use shall be
issued for and no construction shall take place relating to any establishment dispensing
marijuana for medical purposes in the City, and no building permit, certificate of occupancy, nor
entitlement for use shall be issued for and no construction shall take place relating to the
creation, development, or approval of any establishment dispensing marijuana for medical
purposes in the City.
Section 2. For purposes of this Ordinance, an "establishment dispensing
marijuana for medical purposes" or "medical marijuana dispensary" shall mean a facility where
marijuana is made available for medical purposes in accordance with Section 11362.5 of the
California Health and Safety Code. "Marijuana" shall have the same meaning as the definition
of that word in Section 11018 of the California Health and Safety Code.
Section 3. The City Council hereby directs the City Staff and Planning
Commission to engage in studies and procedures necessary for the adoption of regulations
governing or prohibiting establishments dispensing marijuana for medical purposes in the City.
Section 4. This Ordinance is adopted as an urgency ordinance necessary for
the immediate preservation of the public health, safety and welfare within the meaning of the
Government Code and shall take effect immediately.
Section 5. If any portion of this Ordinance is found to be invalid, it is the
intention of the City Council that the remaining valid provisions of the Ordinance be severed
from the invalid provisions and remain in full force and effect.
PASSED and ADOPTED this 1st day of September, 2 09.
on Morrison, Mayor
ATTEST:
Mi , City Clerk
c ael R. Dalla
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, California, on September
1, 2009, by the following vote, to -wit:
Ayes: Councilmembers Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
RON MORRISON
Mayor of the City of National City, California
City Clerk of the City of National City, California
By:
Deputy
I HEREBY CERTIFY that the foregoing ordinance was adopted on September 1, 2009,
under the provisions of Section 65858 of the California Government Code and became
effective immediately upon said adoption.
I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or
that the reading of said ordinance in full was dispensed with by a vote of not less than a
majority of the members elected to the Council and that there was available for the
consideration of each `member of the Council and the public prior to the day of its
passage a written or printed copy of said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 2009-2322 of the City Council of the City of National City, passed and
adopted by the Council of said City on September 1, 2009.
City Clerk of the City of National City, California
By:
Deputy