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HomeMy WebLinkAboutCC ORD 2009-2321ORDINANCE NO. 2009 — 2321 AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65858 AS AN URGENCY MEASURE TO TAKE EFFECT IMMEDIATELY, ENACTING 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 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 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, 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 drug legalizers use "medical marijuana" as a red herring in an effort to advocate broader legalization of drug use; and WHEREAS, the National City Police Department stands firmly against the location of medical marijuana establishments in the City, a position expressed by Dr. Adolfo Gonzalez, Chief of Police; and Ordinance No. 2009 — Page 2 WHEREAS, the City Council finds it necessary and appropriate to study and consider the effects of establishments dispensing marijuana for medical purposes, for example, to gather information as to the effect such establishments have had upon other communities; and WHEREAS, existing land use controls do not adequately address the potential adverse effects of the establishments 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 of 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, the City Council finds it essential to protect the health, safety and welfare of the citizens of the City of National City to enact a moratorium for a period of 45 days on the locating of, development, or approval of establishments dispensing marijuana for medical purposes; and WHEREAS, the City Council intends to adopt, after appropriate study, zoning measures that would apply throughout the City prohibiting or regulating establishments dispensing marijuana for medical purposes as soon as practicable, and directs the Planning Commission of this City to commence studies and procedures necessary for the adoption of such prohibitions or regulations. NOW, THEREFORE, the City Council of the City of National City does ordain as follows: Section 1. For a period of 45 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 an establishment dispensing marijuana for medical purposes, and no building permit, certificate of occupancy, nor entitlement for use shall be issued for and no construction shall take place relating to the location, development, or approval of any establishment dispensing marijuana for medical purposes. Section 2. The City Council hereby directs the Planning Commission to commence studies and procedures necessary for the adoption of measures prohibiting or regulating establishments dispensing marijuana for medical purposes. Section 3. 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. Ordinance No. 2009 — Page 3 Section 4. 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 21st day of July, 2009. Ron Morrison, Mayor ATTEST: a Mich: el R. Dalla, Cit Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on July 21, 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 Natio .I City, California City Ierk of the City of N tional City, California By: Deputy I HEREBY CERTIFY that the foregoing ordinance was adopted on July 21, 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 Tess 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. 2009-2321 of the City Council of the City of National City, passed and adopted by the Council of said City on July 21, 2009. City Clerk of the City of National City, California By: Deputy