HomeMy WebLinkAbout1466ORDINANCE NO. 1466 (2004 Series)
AN EMERGENCY ORDINANCE ESTABLISHING A MORATORIUM ON ANY AND
ALL MEDICAL MARIJUANA DISPENSARIES TO TAKE EFFECT IMMEDIATELY
ON NOVEMBER 16, 2004.
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 enacted SB 420 to clarify the scope of the Compassionate Use Act
and to allow cities to adopt and enforce rules and regulations consistent with SB 420; and
WHEREAS, in adopting this moratorium, it is the Council's intention that nothing in this
Ordinance be construed to allow persons to engage in conduct that endangers others or causes a
public nuisance, permits or allows persons to use marijuana for non - medical purposes or allows
any activity related to the cultivation, distribution or consumption of marijuana that is otherwise
illegal; and
WHEREAS, the existing City zoning regulations do not provide for the location and
regulation of medical marijuana dispensaries and such uses might be permissible in any zone that
allows retail uses, drug stores, or medical uses; and
WHEREAS, during the pendency of this moratorium, the City Council has directed City
staff to prepare the necessary ordinances and regulations to regulate the establishment of such
dispensaries in the City by limiting the allowable zones and/or requiring conditional use permits;
and
WHEREAS, the City has recently received inquiries from parties seeking to open
medical marijuana dispensaries in San Luis Obispo notwithstanding the fact that the City has not
yet adopted regulations and requirements for the establishment of such facilities; 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 on that
matter 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, or be detrimental to the
public health, safety and welfare; and if such uses were allowed to proceed as allowed under the
current zoning, such uses could conflict with, and defeat the purpose of, the proposal to study
and adopt new regulations regarding medical marijuana dispensaries; and
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Ordinance No. 1466 (2004 Series)
Page 2
WHEREAS, this emergency ordinance is adopted pursuant to the requirements of City
Charter Section 605;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO DOES ORDAIN AS FOLLOWS:
Section 1. Finding, Declaration of Emergency.
The City Council of the City of San Luis Obispo hereby finds and declares that there is a
need to enact an emergency ordinance establishing a moratorium on all new medical marijuana
dispensaries, subject to the findings and conditions contained in this Ordinance. The City has
recently received inquiries regarding the establishment of medical marijuana dispensaries in the
City. If medical marijuana dispensaries are allowed to proceed without appropriate review of
location and operational criteria and standards, the dispensaries could have potential adverse
secondary effects on neighborhoods and the City that present a clear and immediate danger to the
public health, safety 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 proposals
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 emergency ordinance is necessary to
protect the public health, safety, and welfare while considering revisions to the zoning
regulations related to medical marijuana dispensaries.
Section 2. Moratorium.
The City Council hereby declares a moratorium on any and all medical marijuana
dispensaries and any and all modifications to existing uses to add a medical marijuana
dispensary. Said moratorium shall remain in place until after the U.S. Supreme Court makes a
decision in the case of Ashcroft v. Raich, and the City Council repeals this ordinance.
Section 3. 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 Health 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 illness 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 residential hospice, or a
home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code,
Ordinance No. 1466 (2004 series)
Page 3
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 San Luis Obispo Municipal Code,
including but not limited to the City's Zoning Code.
Section 4. Effective Date.
This Emergency Ordinance shall become effective on November 16, 2004, and shall
remain in force and effect thereafter, unless terminated by further action of the City Council.
PASSED AND ADOPTED THIS 16th DAY OF NOVEMBER 2004, BY THE
FOLLOWING VOTE:
AYES: Council Members Ewan and Settle, Vice Mayor Schwartz and Mayor Romero
NOES: Council Member Mulholland
ABSENT: None
e I .
Mayor David F. Romero
ATTEST:
owcbl�
Audrey Hoope
City Clerk
APPROVED AS TO FORM:
Jonat P. Lowell
City Attorney
hereby certify that this document is a true
and accurate copy of Ordinance No, IH al0
and that the ordinance was published pursuant
to Charter Section 602.
Date City Clerk
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