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
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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.
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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
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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