PC - 2013-20 - Municipal Code Update 13-01 to Amend Title 17 Zoning of the City's Municipal Code BY Adding Chapter 17.40 to Reinforce and Confirm the City's Current Ban on Medical Marijuana Dispensaries in All Zoning DistrictsPC RESOLUTION 13 -20
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
RECOMMENDING THAT THE CITY COUNCIL APPROVE MUNICIPAL
CODE UPDATE 13 -01 TO AMEND TITLE 17 "ZONING" OF THE CITY'S
MUNICIPAL CODE BY ADDING CHAPTER 17.40 TO REINFORCE AND
CONFIRM THE CITY'S CURRENT BAN ON MEDICAL MARIJUANA
DISPENSARIES IN ALL ZONING DISTRICTS
WHEREAS, in 1970, Congress enacted the Controlled Substance ACT ( "CSA ")
which, among other things, make it illegal to import, manufacture, distribute, possess or
use marijuana in the United States, and
WHEREAS, in 1996, the voters of the State of California approved Proposition 215,
which was codified as Health and Safety Code Section 11362.5 and following, and entitled
the Compassionate Use Act of 1996 (the "Act "), and
WHEREAS, the intent of Proposition 215 was to enable seriously ill Californians to
legally possess, use, and cultivate marijuana under limited, specified circumstances, and
WHEREAS, on January 1, 2004, Senate Bill ( "SB ") 420 went into effect. SB 420
was enacted by the Legislature to clarify the scope of the Act, and to allow cities and
counties to adopt and enforce rules and regulations consistent with SB 420 and the Act,
and
WHEREAS, these new regulations and rules became known as the Medical
Marijuana Program, which included a list of facilities that could qualify as "primary
caregivers' and dispense marijuana to qualified patients. The only facilities the Legislature
authorized to serve as "primary caregivers" are licensed clinics, health care facilities,
residential care facilities, home health facilities and hospices which provide medical care to
qualified patients (Cal. Health & Saf. Code § 11362.7 (d)(1)), and
WHEREAS, on June 5, 2005, the United States Court issued its decision in
Gonzales v. Ratch ( 2005) 125 S. Ct. 2195, which held that Congress, under the
Commerce Clause of the United States Constitution, has the authority and power to
prohibit local cultivation and use of marijuana even if the cultivation or use complied with
California law, and
WHEREAS, in August 2011, the State legislature adopted AB 1300, which
amended California Health and Safety Code Section 11362.83 to read "Nothing in this
article shall prevent a city or other local governing body from adopting and enforcing any of
the following:
a) Adopting local ordinances that regulate the location, operation or
establishment of a medical marijuana cooperative or collective.
b) The civil and criminal enforcement of local described in subdivision (a).
c) Enacting other laws consistent with the article," and
WHEREAS, such local regulatory authority over medical marijuana dispensaries
has been affirmed by the California Supreme Court (See City of Riverside v. Inland Empire
Patients Health and Wellness Center, Inc. (2013) 56 Cal. 4`" 729.), and
WHEREAS, citizens and law enforcement officers have reported an increase of
crimes, such as loitering, and an increase in traffic, odor, and noise in the vicinity of
dispensaries, and the sale of illegal drugs, including the resale of marijuana from
dispensaries, in the areas immediately surrounding such medical marijuana dispensaries,
and
WHEREAS, based upon the concerns regarding the adverse impacts on those
communities where medical marijuana dispensaries have been established, it is the intent
of the City to reinforce and confirm the City of Rosemead's current ban medical marijuana
dispensaries in all zoning districts, and
WHEREAS, the City's Zoning Code (Title 17 of the Rosemead Municipal Code) is a
"permissive" use ordinance, only the land uses specifically listed in the Zoning Code are
allowed within the specific zoning district. Land uses that are not listed are not allowed;
and
WHEREAS, even though the "permissive use" nature of the City's Zoning Code
does permanently ban medical marijuana dispensaries citywide, adoption of the proposed
Ordinance will reinforce the existing ban on medical marijuana dispensaries and avoid the
potential for ambiguity or confusion, and
WHEREAS, Chapter 17.152 of the Rosemead Municipal Code authorizes the
Planning Commission to consider and recommend proposed municipal code
amendments to the City Council subject; and
WHEREAS, a on December 23, 2013, a Public Hearing Notice, specifying the
public comment period and the time and place for a public hearing pursuant to
California Government Code Section 65091(a)(4) was published in the Rosemead
Reader and posted at the five (5) public locations in the City; and
WHEREAS, on January 6, 2014, the Planning Commission held a duly noticed
and advertised public hearing to receive oral and written testimony relative to Municipal
Code Amendment 13 -01, and
WHEREAS, the Rosemead Planning Commission has sufficiently considered all
testimony presented to them in order to make the following determination.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Rosemead as follows:
SECTION 1 . The Planning Commission HEREBY DETERMINES that the
proposed amendment does not authorize any changes to the environment and will have
no impacts to properties in the City or their surrounding environment, as medical
marijuana dispensaries are currently not permitted in any zoning district of the City. The
resolution provides zoning regulations which specifically confirm and reinforce the City's
current ban on medical marijuana dispensaries. 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.
SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES
that facts do exist to justify recommending approval of Municipal Code Amendment 13-
01 in accordance with Chapter 17.152, Section 17.152.040 of the Rosemead Municipal
Code as follows:
A. The proposed amendment is consistent with the General Plan and any applicable
specific plan,
FINDING: The proposed Municipal Code Amendment clarifies that medical
marijuana dispensaries are prohibited in all zoning districts of the City. Medical
marijuana dispensary uses are not allowed by the current General Plan and Zoning
Code. Adopting Municipal Code Amendment 13 -01 maintains the current consistency
with the General Plan and between the General Plan and Zoning Code.
B. The proposed amendment will not be detrimental to the public interest, health,
safety, convenience, or welfare of the City; and
FINDING: Municipal Code Amendment 13 -01 will promote public health, safety,
and general welfare and serve the goals and purposes of Title 17 by clarifying and
confirming that medical marijuana dispensaries are prohibited in all zoning districts in
the City. The continued prohibition will ensure that none of the negative side effects of
medical marijuana dispensaries will negatively impact the general welfare of the City.
The amendment does not authorize any changes to the environment and will have no
impacts to properties in the City or their surrounding environment.
C. The proposed amendment is internally consistent with other applicable provisions of
the Zoning Code.
FINDING: The proposed Municipal Code Amendment clarifies that medical
marijuana dispensaries are prohibited in all zoning districts of the City. Medical
marijuana dispensary uses are not allowed by the current General Plan and Zoning
3
Code. Adopting Municipal Code Amendment 13 -01 maintains the current consistency
with all other provisions of the Zoning Code.
SECTION 3. The Planning Commission does HEREBY RECOMMEND that
Chapter 17.40 (Medical Marijuana Dispensaries) of the Rosemead Municipal Code be
added to read as provided in Ordinance 935.
SECTION 4. The Planning Commission HEREBY RECOMMENDS CITY
COUNCIL APPROVAL of Ordinance 935 amending regulations for medical marijuana
dispensaries within the City of Rosemead.
SECTION 5. This resolution is the result of an action taken by the Planning
Commission on January 6, 2014 by the following vote:
YES: DINH, ENG, HERRERA, LOPEZ, AND TANG
NO: NONE
ABSTAIN: NONE
ABSENT: NONE
SECTION 6. The Secretary shall certify to the adoption of this resolution and
shall transmit copies of same to the applicant and the Rosemead City Clerk.
PASSED, APPROVED and ADOPTED this 6" day of January, 014.
iana Her era,Chair
CERTIFICATION
I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning
Commission of the City of Rosemead at its regular meeting, held on 6`" day of January,
2014, by the following vote:
YES: DINH, ENG, HERRERA, LOPEZ, AND TANG
NO: NONE
ABSTAIN: NONE
ABSENT: NONE I n 1
Michelle M. Ramirez, Sedetary
APPROVED AS TO FOR
Gregory Planning C Attorney
Burke, Williams & Sorensen, LLP