HomeMy WebLinkAbout604ORDINANCE NO. 604
AN URGENCY INTERIM ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF IRWINDALE, CALIFORNIA,
TEMPORARILY PROHIBITING THE ESTABLISHMENT OF
MEDICAL MARIJUANA DISPENSARIES
AND PROHIBITING EXISTING BUSINESSES FROM
DISPENSING MEDICAL MARIJUANA, PENDING COMPLETION
OF STUDIES AND THE PREPARATION OF AN UPDATE TO
THE CITY'S ZONING CODE
WHEREAS, the Irwindale Municipal Code ("IMC"), including the Irwindale Zoning
Code, currently lacks the ability to regulate medical marijuana dispensaries or the sale
of medical marijuana by an existing business; and
WHEREAS, the City of Irwindale ("City") has received an inquiry from potential
business owner regarding the possibility of locating a medical marijuana dispensary in
the City; and
WHEREAS, the City Council anticipates that (1) a medical marijuana dispensary
may locate in the City before a non -urgency ordinance would become effective, and/or
that (2) an existing business may begin selling medical marijuana before a non -urgency
ordinance would become effective; and
WHEREAS, other California cities that have permitted the establishment of
medical marijuana dispensaries have witnessed negative secondary effects including
increased crime, such as burglaries, robberies, and the sale of illegal drugs in the areas
immediately surrounding the dispensaries; and
WHEREAS, City staff requires time to consider, study and enact regulations
medical marijuana dispensaries in a manner that is consistent with state and federal
laws; and
WHEREAS, the City Council desires, on an urgency basis, to temporarily prohibit
medical marijuana dispensaries and the sale of medical marijuana at existing
businesses within the City; and
WHEREAS, Government Code Sections 36934, 36937 and 65858 expressly
authorize the City Council to adopt an urgency ordinance for the immediate preservation
of the public peace, health or safety and to prohibit a use that is in conflict with a
contemplated general plan, specific plan, or zoning proposal that the legislative body,
planning commission or the planning department is considering or studying or intends to
study within a reasonable time.
Ordinance No. 604
Page 1
NOW, THEREFORE, the City Council of the Irwindale does ordain as follows:
SECTION 1. Findings
A In 1996, the voters of the State of California approved Proposition 215
(codified as Health and Safety Code Sections 11362.5, et. seq., "The Compassionate
Use Act of 1996") ("Act")) to enable persons who are in need of marijuana for specified
medical purposes to obtain and use marijuana under limited, specified circumstances.
Then, in 2003, the State legislature enacted Senate Bill 420 to clarify the scope of the
Act, allowing local governments to adopt and enforce rules and regulations consistent
with Senate Bill 420.
B. There are currently no ordinances in the Irwindale Municipal or Zoning
Code (collectively, "Code") specifically regulating or monitoring the location, zoning
standards, or other aspects of facilities where medical marijuana is dispensed to eligible
persons under the Act.
C. Although the City has made a conscientious effort to plan for specific uses
within all zone districts and to anticipate conflicts between competing land uses in order
to protect the public's health, safety, and welfare, the Code does not currently provide
specific development regulations or definitions relative to the use or placement of
dispensaries intended for the distribution of marijuana for medicinal purposes.
D. The City has received an inquiry regarding the regulations for medical
marijuana dispensaries within the City and has concerns that existing businesses may
begin to sell medical marijuana.
E. The establishment of medical marijuana dispensaries without appropriate
rules and regulations could result in the creation of negative secondary effects such as
an increase in crime in the areas immediately surrounding such dispensaries and an
irreversible incompatibility of land uses. Other jurisdictions such as the City of West
Hollywood, Alameda County and the City of Anaheim have received and investigated a
number of complaints of violent criminal activity, including armed robberies and
burglaries, at or near medical marijuana dispensaries. Copies of such reports are on
file in the office of the Planning Department. Such criminal activity is the type of
negative secondary effect associated with the presence of medical marijuana facilities
that a zoning study will seek to limit.
F. To allow time for the City to consider, study and enact regulations for
medical marijuana dispensaries, it will be necessary to temporarily suspend the
approval of medical marijuana dispensaries and to prohibit existing businesses from
selling medical marijuana as such uses may be in conflict with the development
standards and implementation regulations that the City will ultimately impose after the
Ordinance No. 604
Page 2
City has considered and studied this issue, which shall be accomplished within a
reasonable time.
G. A moratorium will provide the City with time to draft and adopt regulations,
consistent with the Act and Senate Bill 420, to regulate the location and operation of
medical marijuana dispensaries and existing businesses which may seek to supplement
their current services offered to include the sale of medical marijuana in a manner that
is consistent with the Code, compatible with surrounding neighborhoods and in the best
interests of the residents of the City.
H. A moratorium will also provide the City with time to evaluate the impact, if
any, that the recent United States Court case of Gonzalez, et al. v. Raich, et al.s 125
S.Ct. 2195 (June 6, 2005) has on any land use regulations that the City may consider in
regulating these facilities. The Gonzales case found that federal laws prohibiting the
possession, use and distribution of marijuana is enforceable in California as to those
persons who are eligible to use marijuana under the Act as the Commerce Clause gives
the federal Congress the authority to prohibit the local cultivation and use of marijuana
for medicinal purposes even if that activity is in compliance with California law. The
result of this opinion implies that, unless Congress acts to change federal law, medical
marijuana uses in California will be subject to federal prosecution under existing federal
law.
SECTION 2. Interim Prohibition
From and after the date of this ordinance, no use permit, variance, building
permit, or any other entitlement for use shall be accepted, processed, approved or
issued for the establishment or operation of, and no person shall otherwise establish, a
"medical marijuana dispensary" and no existing business shall begin dispensing
medical marijuana for a period of 45 days.
For purposes of this ordinance, "medical marijuana dispensary" shall mean any
facility or location where marijuana is made available, sold, transmitted, given, or
otherwise provided to qualified individuals in accordance with the Act.
SECTION 3. Urgent Need
Based on the foregoing recitals and findings which are all deemed true and
correct, this interim ordinance is urgently needed for the immediate preservation of the
public safety, health, and welfare. This interim ordinance shall take effect immediately
upon adoption and shall be of no further force and effect 45 days following the date of
its adoption unless extended in accordance with the provisions set forth in Government
Code Section 65858.
Ordinance No. 604
Page 3
SECTION 4. Authority
Government Code Section 65858 provides that an urgency measure in the form
of an initial interim ordinance may be adopted without prior public notice by a four-fifths
vote of the City Council, which shall be effective for only 45 days following its date of
adoption. Government Code Section 65858 further provides that such an urgency
measure may be extended following compliance with that section for up to an additional
22 months and 15 days beyond the original 45 -day period.
SECTION 5. Penalties
The definitions and penalties for land use violations that are prescribed in the
Irwindale Zoning Code shall apply to violations of the provisions of this Interim
Ordinance.
SECTION 6. Severability
If any provision of this Interim Ordinance or the application thereof to any
persons or circumstances is held invalid, such invalidity shall not affect other provisions
or applications of this Interim Ordinance which can be given effect without the invalid
provision or application and to this end the provisions of this Interim Ordinance are
hereby declared to be severable.
SECTION 7. Notice
The City Clerk shall certify to the passage of this Interim Ordinance and shall
cause the same to be published and/or posted at the designated locations in the City of
Irwindale.
PASSED, APPROVED, and ADOPTED this 28th day of June 2006.
ATTEST:
C a J. Kim , CMC
Deputy City Clerk
j - L-".,= -2
Julian A. Miranda, Mayor
Ordinance No. 604
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STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.
CITY OF IRWINDALE }
I, Linda J. Kimbro, Deputy City Clerk of the City of Irwindale, do hereby certify
that the foregoing Ordinance No. 604 was duly introduced and adopted at a regular
meeting of the Irwindale City Council held on the 28th day of June 2006, by the following
vote of the Council:
AYES: Councilmembers: Breceda, Fuentes, Tapia, Ortiz, Mayor Miranda
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
� L' a J. Ki o, M C
Deputy City Clerk
AFFIDAVIT OF POSTING
I, Linda J. Kimbro, Deputy City Clerk, certify that I caused a copy of Ordinance No. 604 adopted by the City Council of the
C' of Irwindale at its regular meeting held June 28, 2006, to be posted at the City Hall, Library, and Post Office on July 3, 2006.
i d J. Kimbr Dated: July 3, 2006
uty City Clerk
Ordinance No. 604
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