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HomeMy WebLinkAboutCC RESO 2010-139RESOLUTION NO. 2010 — 139 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, at the City Council meeting of September 1, 2009, the Council enacted Ordinance 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"; and WHEREAS, Section 3 of Ordinance 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, the Planning Commission considered the matter at their meeting of June 7, 2010, at which time the Commission adopted Resolution No. 14-2010, recommending that the City Council extend the moratorium for 12 months; and WHEREAS, the moratorium enacted pursuant to Ordinance No. 2009-2322 will expire on July 16, 2010, subject to extension by action of the City Council; and WHEREAS, Section 65858(d) of he Government Code provides that at least 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. --- Signature Page to Follow --- Resolution No. 2010 — 139 Page 2 PASSED and ADOPTED this 22nd day of June, rison, Mayor ATTEST: 1 Mike Dalla, City erk APPROVED AS TO FORM: George H. Eiser, III City Attorney MORATORIUM ORDINANCE PROHIBITING ESTABLISHMENTS DISPENSING MARIJUANA FOR MEDICAL PURPOSES WRITTEN REPORT Report (Government Code Section 65858 (d) Since the City Council's extension of the urgency moratorium ordinance on September 1, 2009, for 10 months and 15 days (Ordinance No. 2009-232), the City has taken the following actions to alleviate the condition that 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 of the National City Municipal Code, 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. 2009-232, indicated that this use as well as additional associated uses, should be further investigated. The moratorium provides the City an opportunity to undertake such an investigation to determine how it wishes to proceed, while barring the specific use in the interim. On March 25, 2010, a voter initiative was qualified to be placed on the November 2010 ballot that, if passed, would legalize possession of marijuana in C'alifomia. Under the initiative, simple possession of an ounce (28.5 grams) or less of marijuana, currently a misdemeanor offense punishable by a S100 fine, would be legal for anyone at least 21 years of age. It also would he lawful to grow limited amounts in one's own home for personal use. While sales would not be legalized outright, cities and counties could pass laws permitting commercial distribution subject to local regulations and taxes. Retail sales would still be limited to an ounce for adults 21 years of age and older. 2. Inventoried Existing Medical Marijuana Dispensaries The City's Finance Department researched business license records and determined that there currently are no licensed medical marijuana dispensaries within the City. Recently, an unlawfully -operated business claiming to be a medical marijuana dispensary was discovered operating at the Acropolis Storage facility on the south end of Highland Avenue. On June 10, the business was abated by the Police Department and all contraband materials were confiscated. Review of Inquiries/Pendi g 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. EXHIBIT "A" Moratorium Ordinance Prohibiting Establishments Dispensing Marijuana for Medical Purposes - Written Report June 2010 Page 2 4. Planning Commission Review Ordinance No. 2009-232 directs the Planning Commission to commence studies and procedures necessary to consider regulations prohibiting or regulating medical marijuana dispensaries. The Planning Commission considered this matter at their June 7 meeting, and adopted Resolution 14- 2010, recommending that the moratorium be extended for 12 months. Summary Upon completion of the study and recommendations by the Planning Commission, and after the November 2010 election results regarding legalization of marijuana are known, 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 dispensaries 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. Passed and adopted by the Council of the City of National City, California, on June 22, 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, Califomia / City erk of the City of `.tional City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2010-139 of the City of National City, California, passed and adopted by the Council of said City on June 22, 2010. City Clerk of the City of National City, California By: Deputy