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