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O 561 ORDINANCE NO. 561 AN INTERIM URGENCY ORDINANCE OF THE CITY OF ARROYO GRANDE EXTENDING THE MORATORIUM ON MEDICAL MARIJUANA DISPENSARIES WHEREAS, the voters of the State of California approved Proposition 215, codified as Health and Safety Code sections 11362.5 et seq. and entitled "The Compassionate Use Act of 1996" (the "Compassionate Use Act"); and WHEREAS, the State legislature enacted S8 420 to clarify the scope of the Compassionate Use Act and to allow cities to adopt and enforce rules and regulations consistent with S8 420; and WHEREAS, the existing City zoning, health and safety laws do not provide for the location and regulation of medical marijuana dispensaries and such uses might be permissible in any zone that allows retail or medical uses, without City oversight of any type or nature; and WHEREAS, during the pendency of this moratorium, staff has been directed to study all aspects of this issue and to develop legislation to regulate and locate medical marijuana dispensaries in a manner that will minimize their impact on the community. WHEREAS, several nearby cities have received inquiries from parties seeking to open medical marijuana dispensaries in San Luis Obispo County; and WHEREAS, while the use of marijuana is allowed for medicinal' purposes under California law, marijuana is still a prohibited controlled substance under Federal law, and pending before the U.S. Supreme Court is the case of Ashcroft v. Raich, and a decision in that case is expected to resolve this conflict of laws; and WHEREAS, if medical marijuana dispensaries were allowed to be established without appropriate regulation, such uses might be established in areas that would conflict with the requirements of the General Plan, be inconsistent with surrounding uses, and/or be detrimental to the public health, safety and welfare; and if such uses were allowed to proceed, such uses could conflict with, and undermine City's intention to study and adopt new regulations regarding medical marijuana dispensaries; and WHEREAS, on November 23, 2004, the City Council adopted Ordinance No. 560 entitled "An Interim Urgency Ordinance of the City of Arroyo Grande Establishing a Moratorium on Medical Marijuana Dispensaries. (hereinafter the "marijuana dispensary moratorium.), which Ord,inance expires forty-five (45) days from the date of its adoption, pursuant to Government Code Section 65858(a); and WHEREAS, on December 14, 2004, the City Council held a duly noticed public hearing to consider extending the marijuana dispensary moratorium for a period of ten (10) months and fifteen (15) days, pursuant to Government Code Section 65858(a). ----.--- ---"-'. ORDINANCE NO. 561 PAGE 2 NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Arroyo Grande, as follows: SECTION 1: Recitals The above recitals and findings are true and correct. SECTION 2: Findinas and Declaration of Uraencv The City Council of the City of Arroyo Grande hereby finds and declares that there is a need to enact an urgency ordinance establishing a moratorium on all new medical marijuana dispensaries on an interim basis, subject to the findings and conditions contained in this Ordinance. If medical marijuana dispensaries are allowed to proceed without appropriate review of location, operational criteria and standards, the dispensaries could have potential adverse effects on neighborhoods and the City that present a clear and immediate danger to the public health, s,afety and welfare. The City finds that if establishment or development of medical marijuana dispensaries were allowed to proceed while the City is studying zoning proposals and regulations for this use, it would defeat the purpose of studying and considering zoning proposafs to regulate and/or prohibit this use. Failure to enact this moratorium during the stated period may result in significant irreversible change to neighborhood and community character. Based on the foregoing, the City Council does hereby declare this urgency ordinance is necessary to protect the pUblic health, safety, and welfare while studying this complicated issue and considering revisions to the zoning, health and safety regulations related to medical marijuana dispensaries. SECTION 3: Moratorium The City Council hereby declares a moratorium on the establishment of any and all medical marijuana dispensaries and any and all modifications to existing uses to add a . medical marijuana dispensary. SECTIQN 4: Definitions As used herein the term "Medical Marijuana Dispensary" or "Dispensary" means any facility or location. where medical marijuana is made available to and/or distributed by or to two or more persons in the following categories: a primary caregiver, a qualified patient, or a person with an identification card, in strict accordance with California Health and Safety Code Section 11362.5 et seq. A "medical marijuana dispensary" shall not include the following uses, as long as the location of such uses are otherwise regulated by this Code or applicable law: a clinic licensed pursuant to Chapter 1 of Division 2 of the Healthy and Safety Code, a health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, a residential care, facility for persons with chronic life-threatening iflness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code, a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code, a ORDINANCE NO. 561 PAGE 3 residential hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as any such use complies strictly with applicable law including, but not limited to, Health and Safety Code Section 11362.5 et seq. and the City of Arroyo Grande Municipal Code, including but not limited to the City's Zoning Code. SECTION 5: Severabilitv If any section, subsection, subdivision, paragraph, sentence, or clause of this Ordinance or any part thereof is for any reason to be unlawful, such decisions shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, or clause thereof, irrespective of the fact that anyone or more section, subsection, subdivision, paragraph, sentence, or clause be declared unlawful. SECTION 6: Publication Within fifteen (15) days after adoption of the Ordinance, it shall be published once, together with the names of the Council Members voting thereon, in a newspaper of general circulation within the City. SECTION 7: Effective Date: EXDiration This Urgency Ordinance is adopted pursuant to Government Code Section 65858 and shall become effective immediately upon its adoption, and shall remain in force and effect thereafter for a period of ten (10) months and fifteen (15) days, unless extended by further action of the City Council. On motion of Council Member Dickens, seconded by Council Member Guthrie, and on the following roll call vote, to wit: AYES: Council Members Dickens, Guthrie, Arnold, Costello and Mayor Ferrara NOES: None ABSENT: None The foregoing Ordinance was passed and adopted this 14th day of December, 2004. _.-------- .,--~"-"------ ORDINANCE NO. 561 PAGE 4 TO~~ ATTEST: t APPROVED AS TO CONTENT: 5f<< -' . /. ~. ./ -- .--. STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: OFFICIAL CERTIFICATION I, KELL Y WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached is a true, full, and correct copy of Interim Urgency Ordinance No. 561 which was adopted and passed at a regular meeting of the City Council on December 14, 2004; and was duly published in accordance with State law (G.C. 40806). WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 15th day of December, 2004. iUt~tilOILR.- KELLY W TMORE, CITY CLERK ----