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HomeMy WebLinkAbout04-09 CC Urgency Ordinance I I I URGENCY ORDINANCE NO. 04-09 AN INTERIM ZONING ORDINANCE OF THE CITY OF TEMECULA, CALIFORNIA, PROHIBITING THE ESTABLISHMENT OF MARIJUANA DISPENSARIES IN ANY ZONING DISTRICT WITHIN THE CITY The City Council of the City of Temecula, California, hereby ordains as follows: Section 1. Legislative Body Findings. The City Council of the City of Temecula, as the legislative body of the City, makes the following findings in support of the immediate adoption and application of this interim zoning ordinance as an urgency ordinance regulating land use within the City of Temecula. A. The City Council is adopting this interim ordinance as an urgency ordinance, effective immediately, prohibiting the establishment of marijuana dispensaries, as defined hereafter, in any zoning district of the City of Temecula pursuant to the authority set forth in California Government Code Section 65858. B. The decision to authorize the establishment of marijuana dispensaries within the City, and, if permitted, the zoning district and related development standards has not been commenced or completed by the City because no request to initiate or locate a marijuana dispensary has been previously received by the City. The City has now received an inquiry from a business entity which seeks identification of the regulatory and zoning standards which the City of Temecula will apply to the establishment of marijuana dispensaries for medical benefit purposes. The City currently has not established any express criteria regarding the establishment, location or scope of operations for marijuana dispensary uses. The Ci~( is presently in the process of revising its General Plan. The General Plan serves as the foundation of the City's development and land use criteria, as thereafter implemented by the City's zoning and regulatory ordinances. This City Council hereby determines that it lacks sufficient information regarding the permissibility of marijuana dispensaries as permittable and beneficial land uses. Further, this City Council lacks sufficient information to determine the proper General Plan land use and locational criteria for marijuana dispensaries, if such are permitted. Finally, this City Council lacks sufficient information to develop and impose regulatory, land use and operational criteria for and upon marijuana dispensaries. The City Council does not want to act without adequate information as such would be acting in an arbitrary and capricious manner. Adoption of criteria in such circumstances would negatively affect the general health, safety and welfare of the City as presently developed and negatively impact further development in the City. Alternatively, allowing marijuana dispensaries without having appropriately studied the land use and its consequence would also be a failure! to adequately govern and protect the health, safety, and welfare of the City of Temecula. C. This City Council hereby expands the scope of the revisions to the General Plan of the City of Temecula to include analysis of the issues regarding the permissibility of, and if permitted, the location of, the scope of and the operational criteria that should be imposed upon marijuana dispensaries and further, the structuring of zoning and other necessary regulatory controls to cause such land uses to be beneficial land uses rather than uses that are detrimental to or cause blight to occur within the City of Temecula. R:/Ords 2004/0rds 04-09 I I I D. Pursuant to California Government Code Section 65858(a), this urgency interim ordinance shall be adopted by not less than a four-fifths vote of this City Council and shall be in effect for forty-five days from its adoption. The City Council may consider extension of this interim ordinance, pursuant to all legal requirements, if necessary. Section 2. Ordinance. A. INCORPORATION OF FINDINGS. The findings set forth in Section 1 above, in all respects, are incorporated into this interim ordinance. B. INTERIM PROHIBITION ON MARIJUANA DISPENSARIES. No marijuana dispensary, intended to provide marijuana for medicinal or any related purpose, shall locate, commence, obtain license for or be entitled by the City, in any zone, or any parcel, or at any place, public or private within the City. For purposes of this interim ordinance the tf~rm "marijuana dispensary" shall be broadly and liberally interpreted to mean and include any location, structure, facility, vehicle or that similar to the same used, in full or part, as a placo at or in which marijuana is sold, traded, exchanged, bartered for in any way, made available, located, stored, placed, or cultivated. C. NO CONFLICT WITH STATE LAW. This interim ordinance shall in no way limit the right to possess, use or cultivate marijuana for medicinal purposes as is presently authorized by the laws of the State of California as set forth in the Health and Safety Code. D. CEQA COMPLIANCE. It can be seen with certainty that this urgency ordinance has no likelihood of causing a significant negative effect on the environment and accordingly both the City Council's action of adopting this ordinance and the effects derivative from that adoption are found to be exempt from the application of the California Environmental Quality Act of 1970, as amended, pursuant to Section 15061 (b)(3) of the State CEQA Guidelines (Title 14 CCR. 15061.(b)(3).) This finding is premised on the fact that the adoption of this urgency interim ordinance will maintain the current environmental conditions arising from the current land use regulatory structure as adopted by the City without change or alteration. E. PLANNING STUDIES. The City staff shall promptly commence the studies they may deem necessary and appropriate to make recommendation to this City Council regarding the establishment of marijuana dispensaries, and the regulatory criteria that are recommended should such land use be permitted. F. EXTENSION OF TIME. The Planning Manager and the City Clerk's oflice shall undertake all actions legally necessary to extend this interim ordinance in the event the studies and reports desired by this City Council will not be concluded on or before the forty-fifth day subsequent to the adoption of this interim ordinance. G. The City Clerk of the City of Temecula shall certify to the passage ~Ind adoption of this ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. R:/Ords 2004/0rds 04-09 2 I I I PASSED, APPROVED AND ADOPTED this 14th day of September, 2004. ATTEST: [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 04-09 was duly adopted and passed as an urgency ordinance Glt a regular meeting of the City Council on the 14th day of September, 2004 by the following vote, to wit: AYES: Naggar 5 COUNCIL MEMBERS: Comerchero, Roberts, Stone, Washington, NOES: o o COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINED: 0 COUNCIL MEMBERS: None "'"'"= Susan W. Jon s, CI\iIC ity Clerk R:/Ords 2004/0rds 04-09 3