HomeMy WebLinkAbout624ORDINANCE NO. 624
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE,
CALIFORNIA, AMENDING THE CITY ZONING CODE TO ADD SECTIONS
17.08.376 AND 17.32.015 TO THE IRWINDALE MUNICIPAL CODE TO ADD A
DEFINITION FOR "MEDICAL MARIJUANA DISPENSARY" AND TO
PROHIBIT THE ESTABLISHMENT OR OPERATION OF SUCH USE
WHEREAS, in 1996, the voters of the State of California passed the
"Compassionate Use Act of 1996" (Proposition 215, codified as Health and
Safety Code Section 11362.5 et seq.) which allows for the use of marijuana for
medical purposes; and
WHEREAS, the intent of Proposition 215 was to enable persons who are
in need of marijuana for medical purposes to be able to obtain and use it without
fear of State criminal prosecution under limited, specified circumstances; and
WHEREAS, the State legislature enacted SB 420 in 2004 to clarify the
scope of the Compassionate Use Act of 1996 and to further explain the
protections afforded to patients, their primary caregivers and the establishments
that dispense medical marijuana to patients with recommendations; and
WHEREAS, neither Proposition 215 nor SB 420 authorizes medical
marijuana dispensaries; and
WHEREAS, the Federal Controlled Substances Act, 21 U.S.C. Section
841, makes it unlawful to manufacture, distribute, dispense, or possess
marijuana; and
WHEREAS, the United States Supreme Court, in Gonzales v. Raich,
confirmed that the Controlled Substances Act does not contain a "compassionate
use" exemption and that it is a violation of Federal law to possess or distribute
marijuana regardless of a medical purpose; and
WHEREAS, the City Council adopted Urgency Ordinance No. 604 on June
28, 2006 to prohibit the establishment of medical marijuana dispensaries and the
sale of medical marijuana by existing business within the City and to allow the
City to study how such uses should be addressed in the City's Zoning Code; and
WHEREAS, the City Council then adopted Urgency Ordinance No. 606,
extending the medical marijuana moratorium, on June 4, 2007 and then, on May
231 2007, further extended the moratorium by adopting Urgency Ordinance No.
612, extending the moratorium through June 24, 2008; and
Ordinance No. 624
Page 1
WHEREAS, after conducting a duly noticed public hearing on the 1St of
May, 2008, the Planning Commission studied this issue and forwarded a
recommendation that the City Council revise the Irwindale Municipal Code to
prohibit the establishment or use of an existing business for the distribution or
sale of medical marijuana within the City; and
WHEREAS, pursuant to the authority and criteria contained in the
California Environmental Quality Act ("CEQA") and the CEQA guidelines, the
proposed Zoning Code amendment is categorically exempt under Section 15061
(b)(3) of the CEQA Guidelines, as the project has no potential to cause a
significant effect on the environment; and
WHEREAS, a duly noticed public hearing was held by the City Council on
the 14th of May, 2008, pursuant to notice given in the manner required by law, to
consider the recommendation from the Planning Commission; and
WHEREAS, the City Council has determined that the Irwindale Municipal
Code should be amended to define the term "medical marijuana dispensary" and
to reflect that establishment or operation of a medical marijuana dispensary is a
prohibited use in the City of Irwindale.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
IRWINDALE DOES HEREBY RESOLVES AS FOLLOWS:
SECTION 1. The City Council finds that the above recitals are true and correct
and are incorporated herein by this reference.
SECTION 2. That Chapter 17.08 "Definitions," of the Irwindale Zoning Code,
shall be revised to add a new subsection 17.08.376, entitled "Medical Marijuana
Dispensary", to read as follows:
"17.08.376 Medical Marijuana Dispensary. A "medical marijuana dispensary" is
any establishment or location where marijuana is distributed, transmitted, given
to, or otherwise provided to qualified patients or primary caregivers in
accordance with California Health and Safety Code Sections 11362.5 through
11362.83, inclusive, commonly referred to as "The Compassionate Use Act of
1996" and "Senate Bill 420"."
SECTION 3. Chapter 17.32 entitled "C -P Commercial Professional Zone"— is
hereby amended to add the following:
"17.32.015 Medical Marijuana Dispensary — Prohibited. The establishment of a
medical marijuana dispensary for the sale or distribution of medical marijuana or
the sale or distribution of medical marijuana by an existing business is prohibited.
No conditional use permit, variance, building permit, or other entitlement for use
shall be accepted, processed, approved or issued for the establishment or
Ordinance No. 624
Page 2
operation of, and no person shall otherwise establish a "medical marijuana
dispensary", as defined in Section 17.08.376 of the Irwindale Municipal Code."
SECTION 4. The City Council hereby authorizes and directs the Mayor and the
City Clerk to execute a Zoning Code Amendment on behalf of the City of
Irwindale forthwith upon adoption of this Ordinance.
SECTION 5. The City Clerk shall certify as to the passage of this Ordinance and
shall cause the same to be published and/or posted at the designated locations
in the City of Irwindale.
SECTION 6. Upon the effective date of this ordinance, Urgency Ordinance No.
612, extending the moratorium on medical marijuana dispensaries, shall
terminate and be of no further force or effect.
SECTION 7. City staff is directed to prepare and file a Notice of Exemption from
CEQA in connection with this project.
PASSED, APPROVED, and ADOPTED this 28th day of May 2008.
ATTEST:
a, ("- , M fi PAI
Linda J. Kimb MC
Deputy City Cler
...9 ' I R.� .�
Burr6la, Mayor
Ordinance No. 624
Page 3
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. 624 was duly introduced at a regular
meeting of the Irwindale City Council held on the 14th day of May 2008, and was
duly approved and adopted on second reading at its adjourned meeting held on
the 28th day of May, 2008, by the following vote of the Council:
AYES: Councilmembers: Breceda, Ortiz, Garcia, Burrola
NOES: Councilmembers:
ABSENT: Councilmembers: Fuentes
ABSTAIN: Councilmembers:
i41, r
Linda J. Kim MC
Deputy City CI rk
AFFIDAVIT OF POSTING
I, Linda J. Kimbro, Deputy City Clerk, certify that I caused a copy of Ordinance No. 624 adopted by the City
Council of the City of Irwindale at its adjourned meeting held May 28, 2008, to be posted at the City Hall, Library, and Post
Office"n May 29, 2 8.
.r
Linda J. Kimbro,M Dated: May 29, 2008
Deputy City Cler
Ordinance No. 624
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