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HomeMy WebLinkAbout776-A - OrdinancesORDINANCE NO. 776-A AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, EXTENDING INTERIM ORDINANCE NO. 776, 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) On March 21, 2007, the City Council adopted Interim Ordinance No. 776, prohibiting the establishment of medical marijuana dispensaries, as defined therein, in any zone of the City of Rancho Cucamonga, pursuant to the authority set forth in California Government Code Section 65858. Said Ordinance is valid for 45 days unless extended pursuant to the foregoing Code section. (ii) On April 18, 2007, the City Council conducted a duly noticed public hearing concerning the extension of Interim Ordinance No. 776. At least 10 days prior to the expiration of Ordinance No. 776, the City Council issued a report as described in Government Code Section 65858(d). (iii) Pursuant to the authority set forth in Government Code Section 65858(a), it is the intent of the City Council in adopting this Interim Ordinance to extend Interim Ordinance No. 776, and to continue the current prohibition against the establishment of medical marijuana dispensaries, as defined hereafter, in any zone of the City of Rancho Cucamonga, based upon the findings set forth below. (iv) 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 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. (v) 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 has the opportunity to consider whether such facilities should be permitted and, if so, to develop regulations governing the location and operation of medical marijuana dispensaries to prevent adverse impact to the public health, safety and welfare that may result from unregulated placement and operation of such uses in the City. Ordinance No. 776-A Page 2 of 4 (vi) The City is undertaking and intends to complete a study of whether medical marijuana dispensaries should be permitted and the appropriate regulations for such uses, within a reasonable time. During the course of this study and planning process, the City Council finds that persons desiring to open medical marijuana dispensaries and others are likely to submit applications to develop such facilities before appropriate regulations and safeguards are in place. 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 and effective concurrent with the expiration of Interim Ordinance No. 776, to ensure that no medical marijuana dispensaries that may be in conflict with any new development policies are permitted in the interim. (vii) Based upon Recital Nos. (iv) through (vi), 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 immediate preservation of the public health, safety and welfare requires that the current prohibition against the establishment of medical marijuana dispensaries be extended. The City Council further finds and declares that this Interim Ordinance must be enacted as an urgency ordinance pursuant to Government Code Section 65858 and take effect concurrent with the expiration of Interim Ordinance No. 776 based upon urgency. (viii) 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 extends the current, interim prohibition on the establishment, development, construction, maintenance, and/or operation of medical marijuana dispensaries in all zones of the City, as established by Interim Ordinance No. 776. 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. Ordinance No. 776-A Page 3 of 4 SECTION 3: Notwithstanding any other ordinance or provision of the 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 and extended in Section 2, above. SECTION 4: This Interim Ordinance shall become effective concurrent with the expiration of Interim Ordinance No. 776, and shall expire, and the prohibition established hereby shall terminate, ten (10) months and fifteen (15) days after said effective date 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. 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. Ordinance No. 776-A Page 4 of 4 PASSED, APPROVED, AND ADOPTED this 2"d day of May 2007. AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None k~ ~. ~^ ~ I Donald J. Kurth, M. D., Mayor ATTEST: D bra J. Ad ,CMC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Interim Ordinance, not requiring a 2nd reading, was introduced and passed extending Interim Ordinance No. 776 at a Regular Meeting of the Council of the City of Rancho Cucamonga held on the 2nd day of May, 2007. Executed this 3`d day of May 2007, at Rancho Cucamonga, California. Debra J. Ada ,CMC, City Clerk