HomeMy WebLinkAboutOrd 1106 Urgency Temp Moratorium Establish and Operation of Medical Marijuana DispensariesORDINANCE NO. 1106
AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM DESERT,
CALIFORNIA, MAKING FINDINGS AND ESTABLISHING ATEMPORARY
MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF
MEDICAL MARIJUANA DISPENSARIES
WHEREAS, in 1996, the voters of the State of California approved Proposition 215,
which was codified as Health and Safety Code Section 11362.5, of seq., and entitled the
Compassionate Use Act of 1996 ("the Act"); and
WHEREAS, the intent of Proposition 215 was to enable persons who are in need
of medical marijuana for medical purposes to obtain and use it under limited, specified
circumstances; and
WHEREAS, SB 420, which went into effect on January 1, 2004, 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, the Palm Desert Municipal Code, including the Palm Desert Zoning
Map, does not specifically address or regulate the existence or location of medical
marijuana dispensaries; and
WHEREAS, after receiving inquiries from persons interested in establishing medical
marijuana dispensaries, numerous other cities in the State of California have adopted
ordinances prohibiting or heavily regulating such dispensaries; and
WHEREAS, because a significant number of cities have prohibited or heavily
regulated medical marijuana dispensaries, there is a substantially increased likelihood that
such establishments will seek to locate in the City of Palm Desert; and
WHEREAS, a medical marijuana dispensary is currently seeking to locate to the City
of Palm Desert; and
WHEREAS, some California cities have a concern that the permitted establishment
of medical marijuana dispensaries may create an increase in crime, such as burglaries,
robberies, and sales of illegal drugs in the areas immediately surrounding such
dispensaries; and
WHEREAS, to address the community and statewide concerns regarding the
establishment of medical marijuana dispensaries, it is necessary for the City of
Palm Desert to study the potential impacts such facilities may have on the public health,
safety, and welfare; and
WHEREAS, based on the foregoing, the City Council finds that issuing permits,
business licenses, or other applicable entitlements providing for the establishment and/or
operation of medical marijuana dispensaries, prior to, (1) the City's completion of its study
ORDINANCE NO. 1106
of the potential impact of such facilities; and (2) resolving any zoning conflicts based on the
fact that no zoning currently exists in the City for such dispensaries, would pose a current
and immediate threat to the public health, safety, and welfare, and that a temporary
moratorium on the issuance of such permits, licenses, and entitlements is thus necessary.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Imposition of Moratorium
A. In accordance with the authority granted to the City of Palm Desert under
Government Code Section 65858, from and after the date of this ordinance, no use permit,
variance, building permit, business license, or other applicable entitlement for use shall be
approved or issued for the establishment or operation of a medical marijuana dispensary
for a period of forty-five (45) days.
B. For purposes of this ordinance, the term "medical marijuana dispensary" shall
mean any facility where marijuana is dispensed for medical purposes in accordance with
Health and Safety Code Section 11362.5 or any state regulations adopted in furtherance
thereof. For purposes of this ordinance, the word "marijuana" shall have the same
meaning as that set forth in Health and Safety Code Section 11018.
C. For purposes of this ordinance, a medical marijuana dispensary shall not
include the following uses, as long as the location of such uses is otherwise regulated by
applicable law and as long as such use complies strictly with applicable law, including, but
not limited to, Health and Safety Code Section 11362.5 et sea.: (1) a clinic, licensed
pursuant to Chapter 1 of Division 2 of the Health and Safety Code; (2) a health care facility,
licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code; (3) a
residential care facility for persons with chronic life -threatening illness, licensed pursuant
to Chapter 3.01 of Division 2 of the Health and Safety Code; (4) a residential care facility
for the elderly, licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety
Code; or (5) a residential hospice or home health agency, licensed pursuant to Chapter 8
of the Health and Safety Code.
D. This ordinance is an interim urgency ordinance adopted pursuant to the
authority granted to the City of Palm Desert by Government Code Section 65858, and is
for the immediate preservation of the public health, safety, and welfare. The facts
constituting the urgency are:
(1) Some California cities that have permitted the establishment of medical
marijuana dispensaries claim that such dispensaries have resulted in negative and harmful
secondary effects, such as an increase in crime, including robberies, burglaries, and sales
of illegal drugs in the areas immediately surrounding medical marijuana dispensaries;
(2) after receiving inquiries from persons interested in establishing medical
marijuana dispensaries, numerous other cities in California have adopted ordinances
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ORDINANCE NO. 1106
prohibiting or heavily regulating such dispensaries, and because a significant portion of the
region has prohibited or heavily regulated medical marijuana dispensaries, there is a
substantially increased likelihood that such establishments will seek to locate in the City of
Palm Desert;
(3) a medical marijuana dispensary is currently attempting to locate to the
City of Palm Desert; and
(4) the City of Palm Desert does not currently have standards in its
Municipal and Zoning Code relating to the location, operation, and concentration of medical
marijuana dispensaries within the City;
(5) absent the adoption of this interim urgency ordinance, the establishment
and operation of medical marijuana dispensaries in the City of Palm Desert would result
in the negative and harmful secondary effects other cities have experienced, as identified
above;
(6) currently the state and federal laws relating to medical marijuana
dispensaries appear to be in conflict; and
(7) as a result of the conflict in state and federal laws on the matter,
coupled with negative and harmful secondary effects associated with medical marijuana
dispensaries, the current and immediate threat such secondary effects pose to the public
health, safety, and welfare, and the zoning conflicts that would be created by the
establishment and operation of a medical marijuana dispensary, it is necessaryto establish
a temporary, forty-five (45) day moratorium on the establishment and operation of new
medical marijuana dispensaries in the City, pending completion of the City's study of the
potential impacts of medical marijuana dispensaries, and possible amendments to the
City's zoning ordinances.
SECTION 2. Compliance with California Environmental Quality Act
The City Council finds 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 identified 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; it prevents changes in the
environment pending the completion of the contemplated municipal code review.
SECTION 3. Severability
If any section, subsection, sentence, clause, phrase, or word of this ordinance is for any
reason held to be invalid or unconstitutional by a decision of any court of competent
jurisdiction or preempted by state legislation, such decision or legislation shall not affect
the validity of the remaining portions of this ordinance. The City Council of the City of
Palm Desert hereby declares that it would have passed this ordinance and each and every
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ORDINANCE NO.1106
section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional
without regard to any such decision or preemptive legislation.
SECTION 4. Effective Date
This ordinance shall become effective immediately upon adoption if adopted by at least a
four -fifths (4/5) vote of the City Council and shall be in effect for forty-five (45) days from
the date of adoption unless extended by the City Council as provided for in the
Government Code.
SECTION 5. 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.
SECTION 6. Federal Law
Medical marijuana users in California may be subject to federal prosecution under existing
federal law.
SECTION 7. Publication
The City Clerk shall certify to the passage and adoption of this ordinance and shall cause
the same to be published once in The Desert Sun, a newspaper of general circulation,
printed and published in the County of Riverside and circulated within the City of
Palm Desert.
PASSED, APPROVED, AND ADOPTED at a special meeting of the Palm Desert
City Council held this 24th day of December, 2005, by the following vote, to wit:
AYES: BENSON, KELLY, SPIEGEL, and FERGUSON
NOES: NONE
ABSENT: CRITES
ABSTAIN: NONE
ATTEST:
RA HELLE D. KLASSE , CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
, MAYOR
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MINUTES
SPECIAL MEETING OF THE
PALM DESERT CITY COUNCIL
SATURDAY, DECEMBER 24, 2005 —11:00 A.M.
CIVIC CENTER COUNCIL CHAMBER
CALL TO ORDER
Mayor Ferguson convened the meeting at 11:00 a.m.
II. ROLL CALL
Present:
Councilmember Jean M. Benson
Mayor Pro Tern Richard S. Kelly
Councilman Robert A. Spiegel
Mayor Jim Ferguson
Excused Absence:
Councilman Buford A. Crites
Also Present:
Carlos L. Ortega, City Manager/RDA Executive Director
Robert W. Hargreaves, Assistant City Attorney
Rachelle D. Klassen, City Clerk
Craig Kilday, Chief of Police, Palm Desert Police Dept./Riverside Co. Sheriff's Dept.
Grace L. Mendoza, Deputy City Clerk
III. PLEDGE OF ALLEGIANCE TO THE FLAG OF
THE UNITED STATES OF AMERICA - Councilmember Jean M. Benson
IV. INVOCATION - Mayor Pro Tern Richard S. Kelly
V. ORAL COMMUNICATIONS
None
VI. NEW BUSINESS
A. REQUEST FOR ADOPTION OF AN INTERIM URGENCY ORDINANCE OF THE
CITY OF PALM DESERT, CALIFORNIA, MAKING FINDINGS AND
ESTABLISHING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND
OPERATION OF MEDICAL MARIJUANA DISPENSARIES.
Mr. Hargreaves explained that the subject ordinance instituted an initial 45-day
moratorium to allow the City time to discuss the potential ramifications of marijuana
dispensaries proposed under the Compassionate Use Act. He said other cities that
had these dispensaries experienced certain negative secondary impacts; therefore,
a regulatory environment is appropriate. The City needs time to work with the
County and look at the experience of other cities; and there were some additional
legal complications, given the discrepancy between Federal and State law, which
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also required study. The moratorium would provide the City with a chance to look
at all the different aspects and return with regulations appropriate to the City of
Palm Desert that he anticipated would conform to the Compassionate Use Act and
ensure the City's general welfare. Further, he pointed out that the initial part of the
moratorium needed to be adopted by a four -fifths vote, and within the 45-day
period, the City would either come back with a set of regulations or a
recommendation to extend the moratorium for up to a year. He said if it was
necessary, the moratorium could actually be extended another year beyond that for
two years total.
In response to question about the County's moratorium deadline, Mr. Hargreaves
believed it was April. He went on to say that under State Legislation adopted
pursuant to the Compassionate Use Act, the County was developing its own
regulatory structure with permits and identification cards. He said it was hoped that
Palm Desert's regulations could be tailored to fit within the County's.
MS. SUSAN MARIE WEBER, resident of Palm Desert, expressed appreciation to
the City Council for considering this issue. She offered to provide the City with
assistance in sorting it out along with Mr. Swerdlow.
MR. PIERRE WERNER said he was opposed to the temporary moratorium. He
noted that the City Council voted down a moratorium in October and allowed the
Hempie's dispensary to remain open. When that occurred, he made plans to move
to Palm Desert from Nevada, leasing a retail location and applying for a business
license here on November 18. He said he was observing a self-imposed
moratorium, waiting to open until he receives his business license. He noted that
he'd received a copy of the City's proposed operating standards and if allowed, he
would implement these standards, and any others that the City Council might adopt,
effective immediately. Further, he wanted to address the Mayor's concerns, in that
his operation would not be a one -stop marijuana shop for anybody who wants to get
high. He planned to operate a medical marijuana -only collective, having been a
medical marijuana patient in the State of Nevada for three years, and having
nothing to do with recreational marijuana. Additionally, he planned to meet with
Indian Wells City Councilman Rob Bernheimer at the beginning of the new year to
discuss the same operating standards. He remarked that it had been nearly 10
years since California voters passed Proposition 215, The Compassionate Use Act,
and 10 other states had joined in by passing similar medical marijuana laws,
including his home state of Nevada. He hoped to be able to follow Palm Desert's
lead in its adoption of the proposed operating standards that would set an example
for other cities and states. He thanked the City Council for helping to protect civil
liberties, hoped a cooperative approach could be utilized, and that his appearance
today in opposition to the moratorium would result in the same courtesy shown to
Hempie's.
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MR. LANNY SWERDLOW hoped the City received the changes he proposed for
the draft ordinance; he supported the moratorium with those changes. He said after
the Council's last consideration of this issue in October, he was concerned that
other dispensaries would start coming in, and the City would panic while it was
working to develop regulations. Therefore, at that time he immediately called Mayor
Crites to share his concern and suggest a moratorium. He said Mayor Crites asked
him to write one, which he did. He was in full support of the measure being
considered today and commended the City Council for taking this step. He related
that some said after Proposition 215 was passed that California voters were fooled;
he disagreed, believing instead that the voters knew exactly what they were doing
but expected their State and local governments would carry it out in an orderly and
reasonable fashion. However, that didn't happen — nothing happened to implement
Proposition 215 until the passage of Senate Bill 420, which went into effect in
January 2004. He was very pleased that the Palm Desert City Council was now
doing its part on behalf of the voters of California; he supported these efforts and
offered to be of assistance at any time during this process.
With no further public testimony offered, Mayor Ferguson commented that he had
a couple of technical amendments to propose forthe ordinance, along with a couple
of others submitted by Mr. Swerdlow. He remarked that the City probably should
have done a similar ordinance last October when staff was directed to begin
working on a permanent regulation, so it amounted to a housekeeping matter at this
time. He went on to say in large part, the moratorium mirrors the County's with the
exception of a couple of points. First, resolution of the Federal and State conflicts,
as it was unlikely Palm Desert would be able to decide that issue; it would be done
at a higher level of government, but it was currently a land use concern for the City.
Secondly, the subject ordinance was crafted to be as content -neutral a moratorium
as possible, neither supporting nor opposing medical marijuana. He outlined the
proposed amendments:
— Page 2, Section 1.(D)(1), being changed to read, "Some California cities
that have permitted the establishment of medical marijuana dispensaries claim that
such dispensaries have resulted...," as it was not yet determined what the actual
negative impacts were in other cities, if any.
— Page 2, Section 1.(B) being changed to read, "For purposes of this
ordinance the term 'medical marijuana dispensary' shall mean any facility where
marijuana is dispensed for medical purposes in accordance with...," deleting the
words "for a profit," as State law already prohibits making a profit.
— Page 3, Section 1.(D)(7), line 7 being changed to read "...medical
marijuana dispensaries in the City, pending completion of the City's study of the
potential impacts of medical marijuana dispensaries, and possible amendments to
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the City's zoning ordinances," since it was unknown when or if the conflicts between
Federal and State law would be resolved.
Councilman Spiegel moved to waive further reading and adopt Interim Urgency Ordinance
No. 1106 with the aforementioned amendments. Motion was seconded by Kelly and carried by
a 4-0 vote, with Crites ABSENT.
VII. ADJOURNMENT
Upon a motion by Spiegel, second by Kelly, and unanimous vote of the City Council,
Mayor Ferguson adjourned the meeting at 11:16 a.m.
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
JIM FERGUSON, MAYOR
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