HomeMy WebLinkAbout08-24 - Resolutions RESOLUTION NO. 08-24
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA,CALIFORNIA, RECOMMENDING APPROVAL OF
DEVELOPMENT CODE AMENDMENT DRC2008-00307 ADDING
CHAPTER 17.44 TO TITLE 17 (THE DEVELOPMENT CODE) OF THE
RANCHO CUCAMONGA MUNICIPAL CODE, PROHIBITING THE
ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA
DISPENSARIES IN ALL ZONES; AND MAKING FINDINGS IN SUPPORT
THEREOF.
A. Recitals.
1. The City of Rancho Cucamonga filed an application for Development Code Amendment
No. DRC2008-00307, as described in the title of this Resolution. Hereinafter in this Resolution,the
subject Municipal Code Amendment is referred to as "the application."
2. On the 14th day of May 2008, the Planning Commission of the City of Rancho
Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing
on that date.
3. All legal prerequisites prior to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning
Commission of the City of Rancho Cucamonga as follows:
1. This Commission hereby specifically finds that all of the facts set forth in the Recitals,
Part A, of this Resolution are true and correct.
2. Based upon the substantial evidence presented to this Commission during the
above-referenced public hearing on May 14, 2008, including written and oral staff reports, together
with public testimony, this Commission hereby specifically finds as follows:
a. The application applies to the property located within the City; and
b. The proposed amendment will not have a significant impact on the environment.
3. Based upon the substantial evidence presented to this Commission during the
above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1
and 2 above, this Commission hereby finds and concludes as follows:
a. This Amendment does not conflict with the Land Use Policies of the General Plan
and will provide for development, within the district, in a manner consistent with the General Plan
and with related development; and
b. This Amendment does promote the goals and objectives of the Municipal Code;
and
C. The proposed Amendment will not be detrimental to the public health, safety, or
welfare or materially injurious to properties or improvements in the vicinity; and
PLANNING COMMISSION RESOLUTION NO. 08-24
DEVELOPMENT CODE AMENDMENT DRC2008-00307- MEDICAL MARIJUANA ORDINANCE
May 14, 2008
Page 2
d. The subject application is consistent with the objectives the Municipal Code; and
e. The proposed amendment is in conformance with the General Plan.
4. The Planning Department staff has determined that the project is statutorily exempt from
the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA
Guidelines. The project qualifies under Section 15061 (b)(3) of CEQA because the ordinance will
impose greater limitations on uses than may be conducted on developed properties in the City and
will thereby serve to reduce potential significant adverse impacts. The Planning Commission has
reviewed the Planning Department's determination of exemption,and based on its own independent
judgment, concurs in the staff's determination of exemption.
5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above,
this Commission hereby recommends approval of Municipal Code Amendment No. DRC2008-
00307 by recommending adoption of the attached City Council Ordinance.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 14TH DAY OF MAY 2008.
PLANNING CO ISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
Pam a art, Chairman
ATTEST:
Ja s R. Troyer, AI , Secr tary
I,James R.Troyer,AICP, Secretary of the Planning Commission of the City of Rancho Cucamonga,
do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and
adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the
Planning Commission held on the 14th day of May, by the following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, STEWART, WIMBERLY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA ADDING CHAPTER 17.44 TO TITLE
17 (THE DEVELOPMENT CODE) OF THE RANCHO
CUCAMONGA MUNICIPAL CODE, PROHIBITING THE
ESTABLISHMENT AND OPERATION OF MEDICAL
MARIJUANA DISPENSARIES IN ALL ZONES, AND MAKING
FINDINGS IN SUPPORT THEREOF.
A. Recitals.
(i) The People of the State of California approved Proposition 215, which was
codified as California Health and Safety Code § 11362.5 and entitled the Compassionate Use
Act of 1996 ("the Act').
(ii) The Act prohibits the provisions of law making unlawful the possession or
cultivation of marijuana, from applying to a qualified patient, or to a patient's primary caregiver,
who possesses or cultivates marijuana for the personal medical use of the patient upon the
recommendation of a physician, and also prohibits the criminal prosecution or punishment of a
physician for having recommended marijuana to a patient for medical purposes.
(iii) Thereafter, the State Legislature enacted Senate Bill 420 (the "Medical Marijuana
Program"), codified as California Health and Safety Code § 11362.7, et seq., which requires the
State Department of Health Services to establish and maintain a voluntary program for the
issuance of identification cards to qualified patients and primary caregivers, and prohibits the
arrest of a qualified patient or a primary caregiver with a valid identification card for the
possession, transportation, delivery, or cultivation of medical marijuana.
(iv) One purpose of the Act and the Medical Marijuana Program is "[t]o encourage
the Federal and State governments to implement a plan to provide for the safe and affordable
distribution of marijuana to all patients in medical need of marijuana...."
(v) Neither the Federal nor the State government has implemented a specific plan
"to provide for the safe and affordable distribution of marijuana to all patients in medical need of
marijuana," leaving cities with a lack of direction about how the Act is intended to be
implemented, particularly in regard to distribution of medical marijuana through dispensaries.
(vi) The Medical Marijuana Program provides additional statutory guidance for
medical marijuana use and cultivation, but it does not explicitly address the role of dispensaries,
nor does it require that cities provide for or allow the establishment and/or operation of medical
marijuana dispensaries.
(vii) Notwithstanding the passage of the Act and the Medical Marijuana Program, the
possession for sale and distribution of marijuana is prohibited by the Controlled Substances Act,
21 U.S.C. § 841, and California Health and Safety Code §11359.
(viii) California law does not provide for the sale or distribution of marijuana by
medical marijuana dispensaries to a primary care giver, a qualified patient or a person with an
identification card, as those terms are defined in California Health and Safety Code §11362.7.
CITY COUNCIL ORDINANCE NO.
DEVELOPMENT CODE AMENDMENT DRC2008-00307
Page 2
(ix) The Rancho Cucamonga Municipal Code currently does not restrict the existence
or operation of medical marijuana dispensaries in the City of Rancho Cucamonga.
(x) Medical marijuana dispensaries have been established in numerous locations in
California, and as a consequence, local agencies have reported negative secondary effects on
the community, which effects include, illegal drug activity and drug sales in the vicinity of
dispensaries; robbery of persons leaving dispensaries; driving under the influence of a
controlled substance by persons who have obtained marijuana from a dispensary; persons
acquiring marijuana from a dispensary and then selling it to a non-qualified person; burglaries
and robberies; and an increase in vacancies in the commercial areas in the vicinity of such
businesses.
(xi) The California Police Chiefs Association has compiled an extensive report
detailing the negative secondary effects associated with medical marijuana dispensaries. The
City Council hereby finds that the report, a complete copy of which is on file in the City Clerk's
Office, contains persuasive anecdotal and documented evidence that medical marijuana
dispensaries pose a threat to public health, safety and welfare.
(xii) California Health and Safety Code §11362.5(b)(2) expressly provides that
nothing in the Act shall be construed to supersede legislation prohibiting persons from engaging
in conduct that endangers others, nor to condone the diversion of marijuana for non-medical
purposes.
(xiii) The City Council hereby finds that, because of the inconsistency between State
and Federal law relating to the possession, sale and distribution of marijuana, and because of
the documented threat to public health, safety and welfare, it is in the best interests of the
citizens of the City of Rancho Cucamonga that the City prohibit the establishment and operation
of medical marijuana dispensaries within any and all zones of the City of Rancho Cucamonga.
(xiv) This Ordinance is enacted pursuant to California Health and Safety Code §§
11362.5(b)(2) and 11362.83, and the City's police power as granted broadly under Article XI,
Section 7 of the California Constitution, in order to promote the health, safety and welfare of the
residents of the City of Rancho Cucamonga.
B. Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. A new Chapter 17.44 is hereby added to Title 17 of the Rancho Cucamonga
Municipal Code, to read as follows:
"Chapter 17.44
MEDICAL MARIJUANA DISPENSARIES
Section 17.44.010 Purpose and Findings.
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CITY COUNCIL ORDINANCE NO.
DEVELOPMENT CODE AMENDMENT DRC2008-00307
Page 3
The City Council finds that Federal and State laws prohibiting the possession,
sale and distribution of marijuana would preclude the lawful opening and
operation of Medical Marijuana Dispensaries sanctioned by the City of Rancho
Cucamonga, and in order to serve public health, safety, and welfare of the
residents and businesses within the City, the declared purpose of this chapter is
to prohibit the operation or establishment of Medical Marijuana Dispensaries
within the City, as provided in this chapter.
Section 17.44.020 Definitions.
The following terms and phrases, whenever used in this chapter, shall be
construed as defined in this section:
A. Identification Card: is a document issued by the State Department
of Health Services which identifies a person authorized to engage in the medical
use of marijuana and the person's designated primary caregiver, if any.
B. Medical Marijuana: is marijuana used for medical purposes where
that medical use is deemed appropriate and has been recommended by a
physician who has determined that the person's health would benefit from the
use of marijuana in the treatment of cancer, anorexia, AIDS, chronic paid,
spasticity, glaucoma, arthritis, migraine, or any other serious medical condition
for which marijuana is deemed to provide relief as defined in California Health
and Safety Code § 11362.7(h).
C. Medical Marijuana Dispensary or Dispensary: is any facility or
location where medical marijuana is made available to and/or distributed by or to
three or more of the following: a qualified patient, a person with an identification
card, or a primary caregiver. Each of these terms is defined herein and shall be
interpreted in strict accordance with California Health and Safety Code
§§11362.5 and 11362.7, et seq. as such sections may be amended from time to
time.
D. Primary Care Giver: is the individual, designated by a qualified
patient or by a person with an identification card, who has consistently assumed
responsibility for the housing, health, or safety of that patient or person.
E. Physician: is an individual who possesses a license in good
standing to practice medicine or osteopathy issued by the Medical Board of
California or the Osteopathic Medical Board of California and who has taken
responsibility for an aspect of the medical care, treatment, diagnosis, counseling,
or referral of a patient and who has conducted a medical examination of that
patient before recording in the patient's medical record the physician's
assessment of whether the patient has a serious medical condition and whether
the medical use of marijuana is appropriate.
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CITY COUNCIL ORDINANCE NO.
DEVELOPMENT CODE AMENDMENT DRC2008-00307
Page 4
F. Qualified Patient: is a person who is entitled to the protections of
California Health and Safety Code §11362.5, but who does not have an
identification card issued by the State Department of Health Services.
Section 17.44.030 Medical Marijuana Dispensaries Prohibited.
It shall be unlawful for any person or entity to own, manage, establish,
conduct, or operate any Medical Marijuana Dispensary, or to participate as an
employee, contractor, agent or volunteer, or in any other manner or capacity, in
any Medical Marijuana Dispensary, in the City of Rancho Cucamonga.
Section 17.44.040 Use or Activity Prohibited by State or Federal Law.
Nothing contained in this chapter shall be deemed to permit or authorize
any use or activity which is otherwise prohibited by any State or Federal law.
Section 2. Existing Nonconforming Uses. Any Medical Marijuana Dispensary
existing within the City of Rancho Cucamonga on the effective date of this ordinance shall
cease operations forthwith.
Section 3. Severability. The City Council declares that, should any provision,
section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any
final court action in a.court of competent jurisdiction, or by reason of any preemptive legislation,
the remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall
remain in full force and effect.
Section 4. Savings Clause. Neither the adoption of this Ordinance, nor the repeal
of any other ordinance of this City shall in any manner affect the prosecution of any violation of
any City ordinance or provision of the Rancho Cucamonga Municipal Code, committed prior to
the effective date hereof, nor be construed as a waiver of any license or penalty or the penal
provisions applicable to any violation thereof.
Section 5. Penalty. It shall be unlawful for any person, firm, partnership, or
corporation to violate any provision or fail to comply with any of the requirements of this
Ordinance. Any person, firm, partnership, or corporation violating any provisions of this
Ordinance or failing to comply with any of its requirements shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be punished by fine not exceeding one
thousand dollars ($1,000.00), or by imprisonment not exceeding six (6) months, or by both such
fine and imprisonment. Each and every person, firm, partnership, or corporation shall be
deemed guilty of a separate offense for each and every day or any portion thereof during which
any violation of any of the provisions of this Ordinance is committed, continued or permitted by
such person, firm, partnership or corporation, and shall be deemed punishable therefore as
provided in this Ordinance.
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CITY COUNCIL ORDINANCE NO.
DEVELOPMENT CODE AMENDMENT DRC2008-00307
Page 5
Section 6. The City Clerk shall certify to the pass of this Ordinance.
ADOPTED AND APPROVED this day of 2008.
Mayor
I, Debbie Adams, City Clerk of the City of Rancho Cucamonga, do hereby certify that the
foregoing urgency Ordinance was introduced and adopted at a regular meeting of the City
Council of the City of Rancho Cucamonga held on the day of 2008,
by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
City Clerk, City of Rancho Cucamonga
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