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HomeMy WebLinkAboutOrdinances_2610_CCv0001.pdf ORDINANCE NO. 2610 AN ORDINANCE OF THE CITY OF REDLANDS EXTENDING THE EFFECT OF ORDINANCE NO. 2602 OF THE CITY OF REDLANDS PROVIDING FOR A TEMPORARY MORATORIUM RELATING TO MEDICAL MARIJUANA DISPENSARIES, AND DECLARING THE ORDINANCE TO BE AN URGENCY MEASURE TO TAKE EFFECT IMMEDIATELY The City Council of the City of Redlands does ordain as follows: Section 1. Findings. The City Council of the City of Redlands finds as follows: A. The People of the State of California passed Proposition 215, the Compassionate Use Act of 1996, which protects physicians who recommend marijuana for medical treatment and patients who possess marijuana under a physician recommendation from certain criminal prosecutions and sanctions. B. The Legislature of the State of California enacted SB 420, which was designed to provide greater certainty regarding the medical use of marijuana and which establishes use procedures and voluntary identification/registration cards to qualified patients. C. The City of Redlands does not condone the use of marijuana but recognizes that both the People of the State of California, by passing Proposition 215, and the Legislature, by enacting SB 420, have provided for the lawful medical use of marijuana. D. Other cities in the State have already received applications for the issuance of business licenses and/or land use permits for medical marijuana dispensaries, and the City of Redlands has received inquiry and, based thereon, may receive such applications for dispensaries within the City. E. The City is authorized by the California State Constitution and Section 11362.5, et seq., of the California Health & Safety Code to regulate medical marijuana dispensaries by imposing reasonable restrictions on such businesses for the purpose of protecting the public health, safety and welfare. F. The establishment of medical marijuana dispensaries will likely involve a significant risk of increased crime, including an increase in driving under the influence of marijuana, illegal drug trafficking near the dispensaries, and thefts, burglaries, and/or robberies at or near the dispensaries, and the City has a legitimate interest in protecting the public health, safety and welfare. 1 G. Medical marijuana dispensaries are businesses that involve the cultivation and sale of marijuana, and such activities create opportunities for unlawful transactions and the unlawful use of such substances. H. California Government Code Section 65858 pennits the City Council, for the purpose of protecting the public health, safety, and welfare, to adopt by a four- fifths vote an interim urgency ordinance prohibiting any uses that may be in conflict with a zoning proposal the City is studying or intends to study within a reasonable time. I. The City is engaged and will be engaged in a study of the possible risks to public health, safety and welfare arising from the establishment and operation of medical marijuana dispensaries and of the most effective means of mitigating and eliminating any adverse impacts on the public health, safety, and welfare arising from such dispensaries. J. At a regular meeting on April 5, 2005, the City Council enacted Ordinance No. 2602 prohibiting the establishment of medical marijuana dispensaries in all zones in the City and further declaring the ordinance to be an urgency measure to take effect immediately. By its terms, Ordinance No. 2602 shall remain in effect for a period of 45 days from the date of its adoption unless the City Council approves one or more extensions as authorized under Government Code section 65858. K. Pursuant to Government Code section 65858, this City Council has conducted a duly noticed public hearing to consider extending Ordinance No. 2602 for an additional period of ten months and fifteen days, and has received and considered verbal and written testimony on the proposed extension. L. It is the intention of the City Council that nothing in this ordinance shall be construed to allow the use of marijuana for non-medical purposes or to allow any activity prohibited by the controlled Substances Act, 21 U.S.C. Section 841 or by any other federal or state law. M. The facts and determinations giving rise to the need for adoption of Ordinance No. 2602 as an urgency ordinance establishing the temporary moratorium, as described herein and as in Ordinance No. 2602, remain unchanged. This City Council readopts the findings set forth in Ordinance No. 2602 and incorporates the findings herein. Section 2. Extension of Ordinance No. 2602. Ordinance No. 2602 is hereby extended for a period of ten months and fifteen days. Section 3. Urgency. This ordinance is declared to be an urgency ordinance to become effective immediately upon its introduction and passage by this City Council. The facts constituting the emergency are as set forth above in Section 1, all of which are incorporated into this section as facts supporting the emergency nature of this ordinance. 2 Section 4: Publication and Posting. The Mayor shall sign this ordinance and the City Clerk shall certify to the adoption of this ordinance and shall cause it, or a summary of it, to be published once in the Redlands Daily Facts, a newspaper of general circulation within the City. 4pep% pler, Mayor ATTEST: Louie Poyzer, C 1 k 1, Lorrie Poyzer, City Clerk of the City of Redlands, hereby certify that the foregoing ordinance was duly adopted by the City Council at a regular meeting thereof held on the 3rd day of May, 2005, by the following vote: AYES: Councilmembers Gil, Gilbreath, George, Harrison; Mayor Peppler NOES: None ABSENT: None ABSTAIN: None r Louie Poyzer, City rk City of Redlands PUBLIC HEARING Ordince No. 2610 Medical Manauana� Dispensaries - Public hearing was advertised for this time and place to consider Ordinance No. 2610, an ordinance of the City of Redlands extending the effect of Ordinance No. 2602 of the City of Redlands providing for a temporary moratorium relating to medical marijuana dispensaries and declaring the ordinance to be an urgency measure to take effect immediately. Community Development Director Shaw reported that medical marijuana dispensaries have been established in several locations in California and as a consequence, some local agencies have reported increases in illegal drug activity, illegal drug sales, robbery of persons leaving dispensaries, loitering around dispensaries, falsely obtaining "identification cards" to qualify for medical marijuana and other increases in criminal activity in and around medical marijuana dispensaries that are described in the proposed ordinance. To protect residents and businesses from harmful secondary effects of medical marijuana dispensaries, City staff needs additional time to determine whether such uses should be permitted within the City, to study licensing and criminal background check procedures, as well as determine which zoning districts, if any, might be appropriate for such uses and pursuant to what level of discretional review. The proposed ordinance will extend the interim prohibition/moratorium for a period of ten months and fifteen days on land use approvals and building permits in all zoning district for medical marijuana dispensaries. This period may be extended further by the City Council in accordance with the provisions of California Government Code Section 65858. This extension will allow the City staff time to research and prepare an ordinance to bring back to the City Council for consideration of a permanent ordinance to regulate the placement and operating provisions of medical marijuana dispensaries. Mayor Peppier declared the meeting open as a public hearing for any questions or comments. None being forthcoming, the public hearing was declared closed. Ordinance No. 2610 was read by title only by City Clerk Poyzer, and on motion of Councilmember Gilbreath, seconded by Councilmember Harrison, further reading of the ordinance text was unanimously waived, and Ordinance No. 2610 unanimously adopted. May 3,2005 Page 8