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Home My WebLink AboutCC ORD 2010-2343 Extending Moratorium Prohibiting Establishments Dispending Marijuana for Medical PurposesORDINANCE NO. 2010 — 2343 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 12 MONTHS 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 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, 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 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 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, at their regular public meeting held on September 1, 2009, the City Council adopted as an urgency interim ordinance, Ordinance No. 2009-2322, extending the moratorium for 10 months and 15 days; and WHEREAS, among other provisions, Ordinance No. 2009-2322 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 June 7, 2010, the Planning Commission considered the subject of medical marijuana dispensaries and adopted Resolution No. 14-2010, recommending the City Council extend for 12 months the moratorium prohibiting establishments dispensing medical marijuana; and WHEREAS, on June 22, 2010, the City Council adopted Resolution No. 2010 — 1039, "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 July 6, 2010, 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 12 months the moratorium established by Ordinance No. 2009-2322; and WHEREAS, the City Council finds it essential to protect the health, safetys and welfare of the citizens of the City of National City to extend for an additional period of 12 months the moratorium established by Ordinance No. 2009-2322s prohibiting establishments dispensing marijuana for medical purposes in National City; and WHEREAS, at the November 2010 statewide election, the voters will vote upon a ballot measure legalizing possession of marijuana by persons 21 years of age and older; 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 Staff to continue studies and procedures necessary for the adoption of such regulations or prohibitions. Ordinance No. 2010 — 2343 2 12 Month Moratorium on Medical Marijuana Establishments NOW, THEREFORE, the City Council of the City of National City does ordain as follows: Section 1. For a period of 12 months 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 City Staff and the 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 6th day of July, 2010. ATTEST: s Michael R. Da a, t3'ity Clerk PROVED AS TO FORM: PLI. &IA I . udia G. Si Acting City At orney Ordinance No. 2010 — 2343 Ron Morrison, Mayor 3 12 Month Moratorium on Medical Marijuana Establishments Passed and adopted by the Council of the City of National City, California, on July 6, 2010, by the following vote, to -wit: Ayes: Councilmembers Morrison, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California /' /� City CI k of the City of ational City, California By: Deputy I HEREBY CERTIFY that the foregoing ordinance was adopted on July 6, 2010, 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. 2010-2343 of the City Council of the City of National City, passed and adopted by the Council of said City on July 6, 2010. City Clerk of the City of National City, California By: Deputy