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HomeMy WebLinkAbout776 - OrdinancesORDINANCE NO. 776 AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PROHIBITING MEDICAL MARIJUANA DISPENSARIES IN ALL ZONES, PROHIBITING THE ISSUANCE OF BUILDING PERMITS AND OTHER LAND USE ENTITLEMENTS THEREFORE, AND DECLARING THE URGENCY THEREOF A. RECITALS. (i) The City Council is adopting this interim Ordinance as an urgency ordinance, effective immediately, and prohibiting the establishment of medical marijuana dispensaries, as defined hereafter, in any zone of the City of Rancho Cucamonga pursuant to the authority set forth in California Government Code Section 65858. (ii) The decision to authorize the establishment of medical marijuana dispensaries within the City, and, if permitted, the appropriate zone(s) and related development standards, has not been commenced or completed by the City because no request to initiate or locate a marijuana dispensary has yet been received. The City currently has not established any express criteria regarding the establishment, location or scope of operations for marijuana dispensary uses. (iii) The establishment of medical marijuana dispensaries before appropriate procedures and regulations are enacted has the potential to cause adverse impacts to surrounding development and risks to the public health, safety and welfare of the City's residents and the general public. Therefore, it is urgent that the City have the opportunity to consider whether such facilities must or should be allowed in the City and, if so, to develop regulations governing the location and operation of medical marijuana dispensaries to prevent adverse impacts to the public health, safety and welfare that may result from unregulated placement and operation of such uses. (iv) The City intends to undertake a study of whether medical marijuana dispensaries must or should be permitted and the appropriate regulations for such uses, within a reasonable time. Given the time required to undertake the necessary study and planning, the City Council finds that it is necessary that this interim ordinance be immediately enacted to ensure that no medical marijuana dispensaries that may be in conflict with any state or federal law, or the City's general plan, zoning, and/or development policies are permitted in the interim. (v) Based upon Recital Nos. (i) through (iv), above, the City Council finds that there is a current and immediate threat to the public health, safety and welfare presented by the unregulated development of medical marijuana dispensaries. Therefore, the City Council finds and determines that the Ordinance No. 776 Page 2 of 4 immediate preservation of the public health, safety and welfare requires that this interim Ordinance be enacted as an urgency ordinance pursuant to Government Code Section 65858 and take effect immediately upon adoption, and its urgency is hereby declared. (vi) All legal prerequisites to the adoption of this Ordinance have occurred. B. ORDINANCE. NOW, THEREFORE, the City Council hereby ordains as follows: SECTION 1: The City Council finds that the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: The City Council hereby establishes an interim prohibition on the establishment, development, construction, maintenance, and/or operation of medical marijuana dispensaries in all zones of the City. For purposes of this Ordinance, the term "medical marijuana dispensary" shall mean any facility or entity of any nature that grows or distributes marijuana for medical purposes as described in California Health and Safety Code Section 11362.5. It shall not include any State licensed health care facility that may lawfully be established and operate as such within a zone or zones of the City. SECTION 3: Notwithstanding any other ordinance or provision of the Municipal Code of the City of Rancho Cucamonga, no person shall establish, develop, construct, maintain, or operate a medical marijuana dispensary, and no application for a building permit, conditional use permit, or any other entitlement authorizing the establishment, development, construction, maintenance, and/or operation of any medical marijuana dispensary shall be approved during the term of the prohibition established in Section 2, above. SECTION 4: This Ordinance shall expire, and the prohibition established hereby shall terminate, forty-five (45) days after the date of adoption unless extended by the City Council pursuant to California Government Code Section 65858. SECTION 5: The City Council hereby finds that it can be seen with certainty that there is no possibility that the adoption of this Ordinance, and the prohibition established hereby, may have a significant effect on the environment, because the Ordinance will impose greater limitations on development in the City, and will thereby serve to reduce potential significant adverse environmental impacts. It is therefore exempt from California Environmental Quality Act review pursuant to Title 14, Section 15061(b)(3) of the California Code of Regulations. Ordinance No. 776 Page 3 of 4 SECTION 6: Penalty. Violation of any provision of this Ordinance shall constitute a misdemeanor and shall be punishable by a fine not to exceed one thousand dollars ($1,000) or by imprisonment for a period not to exceed six (6) months, or by both such fine and imprisonment. Each and every day such a violation exists shall constitute a separate and distinct violation of this Ordinance. SECTION 7: Civil Remedies. The violation of any of the provisions of this Ordinance hereby adopted shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances. SECTION 8: 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 9: The City Clerk shall certify to the adoption of this Ordinance. Please see fhe Iollowing page Ior lormal adoption, certilicatian and signatures Ordinance No. 776 Page 4 of 4 PASSED, APPROVED, AND ADOPTED this 21 ~` day of March 2007. AYES: Gutierrez, Kurth, Michael, Spagnolo NOES: None ABSENT: Williams ABSTAINED: None J. Kurth, M. D., Mayor ATTEST: Debra J. A s, CMC, City erk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced and passed as an Urgency Measure at the Regular Meeting of the Council of the City of Rancho Cucamonga held on the 2151 day of March, 2007. Executed this 22nd day of March 2007, at Rancho Cucamonga, California. Debra J. Ada MC, City Clerk