Ordinance Number 927ORDINANCE NO. 927
AN INTERIM URGENCY ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ESTABLISHING ZONING RESTRICTIONS
ON THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES
PENDING A ZONING STUDY.
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
WHEREAS, under federal statutory law, it is illegal to possess, use, or
manufacture, or distribute marijuana under any circumstance, and
WHEREAS, federal case law in the case of Gonzales v. Raich. 125 S.Ct. 2195
2( 005) has confirmed that there is no federal law provision permitting an legal exception
for marijuana use for medical necessity purposes, and
WHEREAS, California voters adopted a state-wide initiative entitled "The
Compassionate Use Act of 1996" (Health and Safety Code section 11362.5 et seq.) to
expressly authorize the use of marijuana for medical uses under limited circumstances,
and
WHEREAS, as a result of Proposition 215, individuals have attempted to
establish medical marijuana dispensaries in some California cities, and
WHEREAS, the City's Police Department has been advised that cities which
have experienced the opening of such dispensaries have also experienced an increase
in crime, such as burglary, robbery, loitering, money laundering and the sale of other
illegal drugs, and
WHEREAS, a medical marijuana dispensary is a unique land use arising from
the adoption of Proposition 215, and which is not expressly designated as a "permitted
use' in any zoning district in the City of San Juan Capistrano, and
WHEREAS, the legality of Proposition 215 and use of marijuana remains in
serious legal doubt because of federal law prohibitions as noted herein, and
NOW THEREFORE, the City Council of the City of San Juan Capistrano does
hereby establish the following restrictions on the establishment of marijuana
dispensaries or any other such similar uses:
SECTION 1. Prohibition of Establishment and Operation of Medical Marijuana
Dispensaries or Related Uses. The establishment of any medical marijuana
dispensary, or other described use involving the use, cultivation, or dispensing of
marijuana, is hereby prohibited within any zoning district of the City pending a full and
complete zoning study, and enactment of a municipal code amendment, pertaining to
the potential appropriate locations for such a use within the community.
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SECTION 2. Definitions. For purposes of this ordinance, "medical marijuana
dispensary" means any for profit or not-for-profit facility or location, whether permanent
or temporary, where the owner(s) or operator(s) intends to or does possess and
distribute marijuana, or allows others to possess and distribute marijuana for the use of
more than one (1) person. A "medical marijuana dispensary" includes a "collective" as
defined in Health and Safety Code Section 11362.115, and a marijuana club as
described in People v. Peron, (1997) 59 Cal.AppAth 1383. A "medical marijuana
dispensary" shall not include the following uses, as long as the location of such uses are
otherwise regulated by the City's Code: a clinic licensed pursuant to Chapter 1 of
Division 2 of the Health & Safety Code, a health care facility licensed pursuant to
Chapter 2 of Division 2 of the Health & 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 & Safety Code, a residential care facility for the elderly licensed
pursuant to Chapter 3.2 of Division 2 of the Health & Safety Code, a residential hospice,
or a home health agency licensed pursuant to Chapter 8 of the Health & Safety Code,
as long as any such use complies strictly with applicable law including, but not limited
to, Health & Safety Code Section 11362.5 et seq. Further, nothing in this ordinance
shall be interpreted to permit any activity prohibited under federal laws and regulations.
SECTION 3. Environmental Review. The City Council finds that this ordinance
is not subject to the California Environmental Quality Act ("CEQA") pursuant to CEQA
Guidelines 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 defined in Section 15378) (Title 14, of the California Code of
Regulations) because it has no potential for resulting in physical change to the
environment, directly or indirectly; and it prevents changes in the environment pending
the completion of the contemplated City Code review.
SECTION 4. Zoninq Study. The Planning Department, with the support of the
Police Services Department, is hereby directed to commence a zoning study relating to
medical marijuana dispensaries, or similar uses as further described in section 2; more
particularly, whether such uses should be allowed in the City, which zoning districts are
appropriate zoning districts for such uses if allowed, and whether other appropriate
regulations are necessary to protect the public health, safety and welfare.
SECTION 5. Findings. This Urgency Ordinance is enacted pursuant to
Government Code section 65858. The City Council hereby finds that the approval of
any land use entitlement or business license for the uses described in this ordinance
would result in a threat to the public health, safety, and welfare of the community in that:
a) The City does not have specific land use regulations in place to address proposals
for medical marijuana dispensaries; b) medical marijuana facilities, or similar such uses,
have been found to have adverse criminal secondary effects upon citizens in other
communities as demonstrated by the material provided in this staff report. Accordingly,
it is necessary to prohibit such uses until a zoning study is completed to determine how
the City is to land use plan for such uses.
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SECTION 6. Effective Date. This interim urgency ordinance shall take effect
immediately upon its adoption by a four-fifths (4/5) vote of the City Council. This interim
urgency ordinance shall continue in effect for forty-five (45) days from the date of its
adoption and shall thereafter be of no further force and effect unless otherwise
extended pursuant to Government Code section 65858.
SECTION 7. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase in this Ordinance or any part thereof is for any reason, held
to be unconstitutional or invalid, or ineffective by any court of competent jurisdiction
such decision shall not affect the validity of effectiveness of the remaining portions of
this Ordinance or any part thereof. The City Council hereby declares that it would have
passed this Ordinance and each section, subsection, subdivision, sentence, clause and
phrase thereof, irrespective of the fact that any one or more sections, subsections,
subdivisions, sentences, clauses or phrases be declared unconstitutional.
PASSED, APPROVED, AND ADOPTED thi 17th day of July, 2007.
SA A" VATO, MAYOR
I
ATTEST:
CITY CLERK
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed
hereby certify that the foregoing is a true
adopted and passed at a Regular Meeting
the following vote, to wit:
AYES: COUNCIL MEMBERS:
NOES COUNCIL MEMBERS:
'ABSENTrONCI�.,�AEM ERl3 S: /MAMd'ANy6ARET R. MO rrACCJJHANI, City Clerk
) ss.
City Clerk of the City of San Juan Capistrano, do
and correct copy of Ordinance No. 927 which was
of the City Council on the 17th day of July 2007 by
Nielsen, Hribar, Uso, Soto, and Mayor Allevato
None
None
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0927
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan
Capistrano; That in compliance with State laws, Government Code section 36933(1) of
the State of California, on the 11`" day of July 2007, at least 5 days prior to the adoption
of the ordinance, I caused to be posted a certified copy of the proposed ordinance
entitled:
AN INTERIM URGENCY ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ESTABLISHING ZONING RESTRICTIONS
ON TH EESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES
PENDING A ZONING STUDY
This document was posted in the Office of the City Clerk
R-1
R. MONAHAN, CITY CLE
an Capistrano, California
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