Ordinance No. 879 - Continuing Urgency Ordinance for ten months and fifteen days to continue the moratorium on medical marijuana dispensariesORDINANCE NO. 879
AN URGENCY INTERIM ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD, CALIFORNIA, CONTINUING THE PROVISIONS
OF ORDINANCE NO. 877 FOR A PERIOD OF TEN (10) MONTHS AND
FIFTEEN (15) DAYS TO CONTINUE THE MORATORIUM ON MEDICAL
MARIJUANA DISPENSARIES IN THE CITY
THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, FINDS AS
FOLLOWS:-
SECTION 1. FINDINGS. Based on information contained in the record, the City
Council makes the following findings:
A. At a duly noticed public meeting on June 30, 2009, and after hearing and
considering public testimony, the City Council adopted Ordinance No. 877, an interim
urgency ordinance establishing a moratorium on medical marijuana dispensaries in the
City for a period of 45 days pending a resolution of the conflict in Federal and State law
on this issue.
B. Government Code Section 65858(a) authorizes the City Council to
continue the effect of Ordinance No. 877 for a period of 10 months and 15 days.
C. The findings made in Ordinance No. 877 are herby reaffirmed, readopted
and incorporated by reference as though they were fully restated herein.
D. There have been no substantive changes the conflict between Federal
and State law regarding medical marijuana dispensaries in the 45 days since the
adoption of Ordinance No. 877.
E. The immediate threat to and specific adverse impacts upon the public
health safety and welfare that would result from unregulated development of Medical
Marijuana Dispensaries justifies extension of the interim urgency moratorium
F. It remains necessary for the City to complete its study of the appropriate
type of local regulation required for medical marijuana dispensaries together with the
potential impact medical marijuana dispensaries may have on the public's health, safety
and welfare.
1. Currently the City's Municipal Code does not expressly permit or
prohibit the establishment and operation of medical marijuana dispensaries but
applicants could require a use determination from the City pursuant to Section
17.12.030 of the City's Municipal Code, thus allowing the potential for the
establishment or prohibition of such uses within the City on a case by case basis.
2. There exists a potential for inconsistent project review in that
absence of clear policy direction based upon a thorough review of the City's land
use goals and policies as well as information obtained from other cities and
Attachment A
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counties regarding the potentially positive and negative impacts that operation of
such facilities may have on the community.
3. The current status of the state and federal law is fraught with
inherent inconsistencies and pending judicial and administrative interpretations
and the status of existing litigation and proposed legislation indicates a high level
of community and statewide concerns regarding the establishment of medicinal
marijuana dispensaries, warrants further review and consideration by the City in'
the establishment of appropriate local regulation for medical marijuana
dispensaries.
4. The United States Supreme Court in Tahoe-Sierra Preservation
Council, Inc. v. Tahoe Regional Planning Agency (2002) 535 U.S. 302 has
upheld interim planning processes and determined that they are an essential tool
of successful development.
G. The City finds that an interim prohibition on medical marijuana
dispensaries and the issuance of any such applicable entitlements is necessary for an
additional period of 10 months and 15 days.
1. An additional period of 10 months and 15 days will permit City Staff
to complete its investigation of these matters and recommend a course of action
to the City Council.
3. Government Code § 65858 authorizes the City Council to extend,
as an urgency measure, an Interim Ordinance prohibiting any uses which may be
in conflict with its existing or proposed General Plan, Zoning Ordinance or land
use policies and which the City is considering or studying or intends to study
within a reasonable time.
SECTION 2. ENVIRONMENTAL REVIEW. The City Council finds that:
That this Ordinance is not subject to the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment) and 15060(c)(3)
(the activity is not a project as defined in Section 15378) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly or indirectly; rather it prevents
changes in the environment pending the completion of the contemplated Municipal
Code review.
SECTION 3. IMPOSITION OF MORATORIUM. The City Council orders as follows:
A. In accordance with the authority granted the City of Rosemead under
Government Code § 65858(a), and pursuant to the findings stated herein, Ordinance
No. 877 is hereby extended and the moratorium on medical marijuana dispensaries, as
LA 94829-50134020 v 1
set forth fully in Ordinance No. 877, shall remain in effect for an additional period of 10
months and 15 days.
SECTION 4. EFFECTIVE DATE AND DURATION.
Pursuant to Government Code § 65858(a) this Ordinance shall take effect
immediately but shall be of no further force and effect 10 months and 15 days from its
date of adoption.
SECTION 5. PUBLICATION.
The Mayor shall sign and the City Clerk shall certify to the passage and adoption
of this Ordinance and shall cause the same to be published and posted pursuant to the
provisions of law in that regard and this Ordinance shall take effect immediately and
shall be in effect for a period of 10 months and 15 days.
INTRODUCED at the regular meeting of Rosemead City Council on 2009.
PASSED, APPROVED AND ADOPTED this A day of >Aun , 2009.
Margaret ark, Mayor
A ZEST:
6
Gloria Molleda, City Clerk
APPROVED AS TO FORM:
Josep . Mon e , ity Attorney
LA #4829-501311020 v1
10 DAY REPORT ON THE CITY OF ROSEMEAD'S
MORATORIUM ON THE APPROVAL OF APPLICATIONS
FOR MEDICAL MARIJUANA DISPENSARIES
BACKGROUND
On June 30, 2009, pursuant to Government Code section 65858, the Rosemead City
Council enacted Urgency Ordinance No. 877, which imposed a moratorium on the
approval of applications for land use entitlements for medical marijuana dispensaries for
a period of 45 days (the "Initial Ordinance"). This report is submitted in compliance with
subsection (d) of Government Code section 65858, which requires the issuance of "a
written report describing the measures taken to alleviate the conditions which led to the
adoption of the ordinance."
UPDATE ON THE MEASURES TAKEN TO ALLEVIATE THE CONDITIONS THAT
LED TO THE ADOPTION OF THE INITIAL ORDINANCE
1. In the limited time allotted under the 45 day Initial Ordinance, City staff has
begun to compile and study the substantial health and safety issues, as well as the
inconsistencies between State law and Federal law, regarding the approval of and
location of medical marijuana dispensaries. This includes but is not limited to a review
of the Qualified Patients Association et al. v. City of Anaheim lawsuit currently pending
before the California Court of Appeals, Fourth District.
2. Staff, in conjunction with the City Attorney's office, has identified the Qualified
Patients case as key to determining the ultimate legality of commercial operation of
medical marijuana dispensaries. In addition to analyzing the impact of the Qualified
Patients decision on the City's future regulation of dispensaries, City staff has identified
immediate health and safety concerns related to the siting of medical marijuana
dispensaries, including but not limited to burglaries, robberies, and sales of illegal drugs
in the areas surrounding dispensaries. Staff has determined that these concerns
represent an immediate threat to the safety and health of the neighborhood which would
be located close to medical marijuana dispensaries.
Due to the on-going Qualified Patients case and to the health and safety concerns
noted in this report, staff recommends adoption of the Extension Ordinance. If adopted
by the City Council, the Extension Ordinance would extend the moratorium on the
approval of applications for land use entitlements for medical marijuana dispensaries for
a period of 10 months 15 days.
Attachment B
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD )
.1; Gloria Molleda, City Clerk of the City of Rosemead, California do hereby
certify that the foregoing Urgency Ordinance No. 879 was duly adopted by the Rosemead
City Council on the 1 P" day of August 2009. Said Ordinance shall be in effect
immediately and shall be in effect for a period of 10 months and 15 days. Ordinance No.
879 was duly adopted by the following vote to wit:
Yes: Armenta, Clark, Low, Ly, Taylor
No: None
Absent: None
Abstain: None
'-ALiA~ ",a
Gloria Molleda
City Clerk