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HomeMy WebLinkAbout05-15 CC Urgency Interim Ordinance I I I URGENCY INTERIM ORDINANCE NO. 05-15 AN URGENCY INTERIM ZONING ORDINANCE OF THE CITY OF TEMECULA, CALIFORNIA, ESTABLISHING, CONTINUING AND EXTENDING THE PROHIBITION OF 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 the first full one-year long extension of the provisions of the interim ordinance adopted on September 14, 2004 as Ordinance No. 04-09 as an urgency ordinance regulating land use within the City of Temecula. A. The City Council is adopting this extension of Ordinance No. 04-09 interim ordinance as an urgency ordinance, effective immediately and concurrently upon the lapse of Ordinance No. 04-09, 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 for one year. B. The City Council has previously found the following: 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 City has recently updated the main text of 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 still 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, if any, and further, the structuring of zoning R:/Ords 2005/0rds 05-15 I I I 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. 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 one year from the date of its adoption. The City Council may consider further 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 and are again made, confirmed, and adopted in support of this second extension of Interim Ordinance No. 04-09. B. REPORT SUPPORTING EXTENSION. The report required by California Government Code Section 65858 was prepared and available for review in conformance with legal requirements. A copy of the report is attached hereto as Attachment 1. C. 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 term "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 place at or in which marijuana is sold, traded, exchanged, bartered for in any way, made available, located, stored, placed, or cultivated. D. 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. E. CEQA COMPLIANCE. It can be seen with certainty that this second extension of Ordinance No. 04-09 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. F. PLANNING STUDIES. The City staff shall continue to take actions to promptly commence and complete 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. G. EXTENSION OF TIME. The Planning Director and the City Clerk's office have undertaken all actions legally necessary to extend this interim ordinance in light of the fact the studies and reports desired by this City Council will not be concluded on or before the lapse of this current interim ordinance. R:/Ords 2005/0rds 05-15 2 I H. The City Clerk of the City of Temecula shall certify to the passage and adoption of this ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula on the 23rd day of August, 2005. 0. I 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. 05-15 was duly adopted and passed as an urgency ordinance at a meeting of the City Council on the 23rd day of August, 2005 by the following vote, to wit: AYES: 5 COUNCILMEMBERS: Edwards, Naggar, Roberts, Washington, Comerchero NOES: o COUNCILMEMBERS: None ABSENT: o COUNCILMEMBERS: None ABSTAIN: o COUNCILMEMBERS: None I R:/Ords 2005/0rds 05-15 3 I ATTACHMENT 1 I I I I I URGENCY INTERIM ORDINANCE NO. 04-13 AN URGENCY INTERIM ZONING ORDINANCE OF THE CITY OF TEMECULA, CALIFORNIA, ESTABLISHING, CONTINUING AND EXTENDING THE PROHIBITION OF THE ESTABLISHMENT OF MARIJUANA DISPENSARIES IN ANY ZONING DISTRICT WITHIN THE CITY. The City Council of the City of Temecula, Califomia, 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 the extension of the provisions of the Interim ordinance adopted on September 14, 2004 as Ordinance No. 04-09 as an urgency ordinance regulating land use within the City of Temecula. A. The City Council is adopting this extension of Ordinance No. 04-09 interim ordinance as an urgency ordinance, effective Immediately and concurrently upon the lapse of Ordinance No. 04-09, 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 Califomia Govemment Code Section 65858 for ten (10) months, fifteen (15) days. B. The City Council has previously found the following: 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 City 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 locatlonal 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; A1tematively, 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 tha 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 R:lOrda 200410rds 04-13 1 I I I necessary regulatory controls to ceuse 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. D. Pursuant to Califomia Govemment Code Section 65656(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 ten (10) months and fifteen (15) days from its adoption. The City Council may consider further extension of this interim ordInance, pursuant to all iegal 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 and are again made, confirmed, and adopted in support of this first extension of Interim Ordinance No. 04-09. B. REPORT SUPPORTING EXTENSION. The report required by California Govemment Code Section 65856 was prepared and available for review In conformance with legal requirements. A copy of the report is attached hereto as Attachment 1. C. 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 term "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 place at or in which marijuana is sold, traded, exchanged, bartered for in any way, made available, located, stored, placed, or cultivated. D. 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. E. CEQA COMPLIANCE. It can be seen with certainty that this first extension of Ordinance No. 04-09 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. F. PLANNING STUDIES. The City staff shall continue to take actions to promptly commence and Complete 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. R:/Ords 20041Ord. 04-13 2 I G. EXTENSION OF TIME. The Planning Manager and the City Clerk's office have undertaken all actions iegally necessary to extend this interim ordinance in light of the fact the studies and reports desired by this City Council will not be concluded on or before the forty- fifth day subsequent to the initial adoption of this Interim ordinance. H. The City Clerk of the City of Temecula shall certify to the passage and adoption of this ordinance extending Ordinance No. 04-09 and shall cause the same or a summary thereof to be published and posted In the manner required by law. PASSED, APPROVED AND ADOPTED this 26th day of October, 2004. '- ~1'\ ~Micaels.~r ATTEST: I 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. 04-13 was duly adogted and passed as an urgency ordinance at a regular meeting of the City Council on the 26 day of October, 2004 by the following vote, to wit: AYES: 5 o o COUNCILMEMBERS: Comerchero, Roberts, Stone, Washington. Naggar COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None Susan W. Jon ,CMC ty Clerk NOES: ABSENT: ABSTAINED: 0 I R~Ords 2004IOrda 04-13 3 I I I Report Regarding Land Use Regulation of Dispensaries For the Sale of Marijuana for Medical Use Purpose The City Council of the City of Temecula, California has previously adopted its Interim Zoning Ordinance No. 04-13. The Interim Ordinance prohibits the location or commencement of a dispensary that sells or makes available marijuana for medical use purposes. A copy of the subject Interim Ordinance is attached hereio as Attachment 1 and, to the extent required to review this report, is hereby incorporated by reference as if fully set forth herein. All references, terminology and citations utilized in this report have the same meanings as are used in Attachment 1. Since the date of commencement of Interim Ordinance No. 04-13 City staff have reviewed the existing and proposed General Plan for the City of Temecula, including all individual elements. This is for the purpose of preliminary identification of such land uses consistency with existing and proposed goals, objectives and policies with these foundational documents. Analysis is ongoing but has not yet been completed due to the complexity of the involved issues and the need to integrate them into the previously established General Plan update process. Staff has not been able to complete the integration of the medical marijuana dispensary concept into the General Plan framework In a form sufficient to achieve a dispositive conclusion to both the land use and operational/regulatory issues that arise from such proposed land use. Further, the City Attorney's office ,is researching the legal issues arising under both State and Federal laws (statutory and case law). The City Attorney's office is also communicating with other legal departments such as the County of Riverside District Attorney's office. The results of this analysis will be integrated with the results of the General Plan and related land use issues. At the time the results of the combined research and analysis will be presented to the City Council for its review and further action. R:lcaravellidlMarijuana Ordinance Report Attachement.doc