HomeMy WebLinkAboutCC RESO 2009-202RESOLUTION NO. 2009 - 202
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
APPROVING AND AUTHORIZING ISSUANCE
OF A WRITTEN REPORT PERTAINING TO A
MORATORIUM ORDINANCE PROHIBITING
ESTABLISHMENTS DISPENSING MARIJUANA FOR
MEDICAL PURPOSES IN NATIONAL CITY
WHEREAS, at the City Council meeting of July 21, 2009, the Council
enacted Ordinance 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"; and
WHEREAS, Section 2 of 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, the Planning Commission considered the matter of their
meeting of August 17, 2009, at which time the Commission directed staff to complete
further investigation to commence studies and procedures necessary for the adoption of
measures prohibiting or regulating establishments dispensing marijuana for medical
purposes, and to prepare a report making recommendations regarding an amendment
to the Land Use Code relating to such establishments; and
WHEREAS, the moratorium enacted pursuant to Ordinance No. 2009-
2321 will expire on September 4, 2009, subject to extension by action of the City
Council; and
WHEREAS, Section 65858(d) of the Government Code provides that 10
days prior to the expiration of the interim ordinance or any extension, the legislative
body shall issue a written report describing the measures taken to alleviate the condition
which led to the adoption of the ordinance; and
WHEREAS, a Report satisfying the requirements of Government Code
Section 65858(d) is attached hereto as Exhibit "A" and incorporated herein by
reference.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of National City hereby finds and determines that the Report attached hereto as Exhibit
"A" satisfies the requirements of Government Code Section 65858(d), and hereby
approves and authorizes issuance of said Report.
Resolution No. 2009 — 202
August 18, 2009
Page 2
PASSED and ADOPTED this 18th day of August, 2009.
Morrison, Mayor
ATTEST:
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Michael R.D aII a, City Clerk
APPROVED AS TO FORM:
c14z3
George H. iser, III
City Attorney
Report (Government Code Section 65858 (d))
Since the City Council's adoption of the urgency moratorium ordinance on July 21, 2009
(Ordinance No. 2009-2321), the City has taken the following actions to alleviate the condition
which led to the adoption of the ordinance:
1. Review of Current Land Use Code; Business Licenses Applications:
As with any business operating within the City of National City, a medical marijuana
dispensing facility must obtain a business license. At the time of application, the
business license application would be forwarded to the Planning Division to determine if
the use is an allowed use within the zone in which it is proposed. The City's Land Use
Code, Chapter 18, does not list marijuana dispensing facilities as a lawful, permitted
use. There are, however, other land uses which if broadly construed could possibly
encompass a medical marijuana dispensing facility. The Council, in enacting Ordinance
No. 2009-2321, indicated that this use as well as additional associated uses should be
further investigated. The moratorium provides the City an opportunity to undertake such
investigation and determine how it wishes to proceed, while barring the specific use in
the interim.
2. Inventoried Existing Medical Marjuana Dispensaries:
The City's Finance Department researched business license records and determined
that there currently are no medical marijuana dispensaries within the City.
3. Review of Inquiries/Pending Permit Applications:
Although the Planning Division has received inquiries regarding establishment of
medical marijuana facilities in the city, no permits or formal license applications have
been submitted.
4. Planning Commission Review:
Ordinance 2009-2321 directs the Planning Commission to commence studies and
procedures necessary to consider regulations prohibiting or regulating medical
marijuana dispensaries. This subject has been placed on the August 17, 2009 Planning
Commission agenda. It is anticipated that after the Commission has considered the
matter, they will direct staff to thoroughly explore the issues and upon conclusion of
these studies, submit a report with recommendations to the Commission. An oral report
on the Planning Commission's action will be presented at the August 18 City Council
meeting.
Summary
Upon completion of the study and recommendations by the Commission, an amendment would
be brought to the Planning Commission and City Council for consideration and adoption. The
City may choose to authorize or prohibit medical marijuana collectives through the enforcement
of its Zoning Code and business license process.
In order to allow a marijuana dispensing facility, the Land Use Code may be amended to
recognize the use and any auxiliary type use, determine if it is an appropriate use for the City,
and determine the appropriate zone and possible distance requirements from schools and
parks.
To prohibit marijuana dispensing facilities as a use, amendments to the Land Use Code would
likely be recommended to make the prohibition abundantly clear.
Exhibit A
Passed and adopted by the Council of the City of National City, California, on August
18, 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
H N
City CI rk of the City of National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2009-202 of the City of National City, California, passed and
adopted by the Council of said City on August 18, 2009.
City Clerk of the City of National City, California
By:
Deputy