Loading...
HomeMy WebLinkAboutOrd 1923ORDINANCE NO. 1923 AN INTERIM ORDINANCE OF THE CITY OF BURLINGAME PROHIBITING THE ESTABLISHMENT AND OPERATION OF MARIJUANA DISPENSARIES, COLLECTIVES, GROWING OPERATIONS, AND OTHER RELATED USES WITHIN THE CITY WHEREAS the City has received inquiries regarding the potential for opening medical marijuana collectives and dispensaries; and WHEREAS the City's Zoning Code currently does not specifically address marijuana -related uses within the City; and WHEREAS the Zoning Code prohibits those uses which are not specifically permitted or allowed conditionally; and WHEREAS greater clarity for prospective applicants for marijuana -related uses would be advantageous; and WHEREAS the City is undertaking a comprehensive review and update of its General Plan and Zoning Code; and WHEREAS the City does not want to take actions that could become inconsistent with such updated General Plan and Zoning Code; and WHEREAS marijuana dispensaries, collectives, and growing operations have been associated in other jurisdictions with increased crime and risk to neighboring properties and persons; and WHEREAS the public health, safety, and welfare require that the City be afforded adequate time to assess appropriate regulatory measures in light of evolving law, neighboring communities' experiences, and long-range planning work currently underway; and i WHEREAS the City Council considered and adopted an initial temporary moratorium for marijuana -related uses at its January 5, 2015 meeting, and the circumstances requiring that moratorium continue to exist; and WHEREAS the consideration of the extension of said moratorium was noticed in accordance with Government Code requirements and a public hearing was held on the item at the City Council's February 17, 2015 meeting, at which time the City Council determined to extend the moratorium for an additional ten months and fifteen days; and WHEREAS the consideration of the extension of said moratorium was noticed in accordance with Government Code requirements and a public hearing was held on the item at the City Council's November 16, 2015 meeting; and NOW, THEREFORE, the City Council of the City of Burlingame does hereby find and declare as follows: Section 1: Council Findings A. The City Council finds and declares that the potential establishment of medical marijuana -related uses including dispensaries, collectives, and growing operations, or any such related uses that would require a business license or permits or approvals under the City's Zoning Code, poses a current and immediate threat to the public health, safety, and welfare, and that without the adoption of this interim urgency ordinance, the City Council will not have sufficient time and ability to study the complex legal and practical issues surrounding medical marijuana in order to develop a viable long-term regulatory approach. B. The City Council finds that the City of Burlingame is currently undertaking a comprehensive review and revision of its General Plan and Zoning Code, and that the General Plan Update may generate guidance on permanent approaches to the regulation of medical marijuana -related uses in the City. C. State and Federal law on medical marijuana are currently in conflict, and State law is rapidly evolving through legislation, administrative guidance, and court decisions regarding local governments' regulation of medical marijuana -related uses. D. The City has received multiple inquiries related to opening medical marijuana -related establishments such as collectives and dispensaries. E. This urgency moratorium is necessary at this time in order to study the impacts on public health, safety, and welfare of medical marijuana -related uses and to evaluate appropriate regulatory approaches. F. The City Council adopted an initial urgency moratorium on marijuana - related establishments at its January 5, 2015 meeting. G. The said moratorium was extended under the provisions of Government Code 65090 at the Council's February 17, 2015 meeting for a period of ten months and fifteen days. H. The extension of said moratorium was noticed under the provisions of Government Code 65090 and a public hearing was held on the question of whether to extend the moratorium at the Council's November 16, 2015 meeting. I. The Council received a report on the existence of continued circumstances requiring extension of the moratorium and on the efforts taken by the City to address the circumstances that created the need for the moratorium. Section 2: Imposition of Moratorium. In accordance with the authority granted to the City by California Government Code Section 65858, and pursuant to the findings stated herein, from and after the date of this ordinance, no use permit, variance, building permit, business license, or other applicable entitlement shall be approved or issued for the establishment of a marijuana collective, dispensary, growing operation, or other medical marijuana - related use for a period of one year. A. `Establishment" of a medical marijuana -related use means and includes any of the following: the opening or commencement of a marijuana -related use as a new business or establishment; the conversion of an existing business or establishment to function as a marijuana dispensary, collective, or growing operation; and the addition of a medical marijuana dispensary, collective, or growing operation to an existing business or establishment. B. Prohibited medical marijuana uses under this moratorium include any use or operation that would require a business license or permit or entitlement under the City's Zoning Code. C. This moratorium does not affect the rights of individuals as established by State law to possess or use medical marijuana. D. This moratorium does not affect the establishment or operation of clinics and health care facilities licensed pursuant to Division 2 of the California Health and Safety Code. This moratorium does not affect residential care facilities for persons with life-threatening illnesses licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code, nor residential care facilities for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code. This moratorium does not affect the establishment or operation of a residential hospice, nor of a home -health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, provided it complies with all applicable State law provisions. E. "Marijuana" means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof, the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, or mixture prepared therefrom. It includes marijuana or cannabis infused in foodstuffs. J. The penalties for violation of this ordinance are as provided in Burlingame Municipal Code Chapter 1.12. Section 3. The City Council hereby finds and determines that this interim urgency ordinance is necessary as an emergency measure pursuant to Government Code Section 65858 for preserving the public health, safety, and welfare of the citizens of the City of Burlingame. Section 4. This interim urgency ordinance shall take immediate effect upon adoption by four-fifths vote of the City Council. The interim urgency ordinance shall continue in force and effect for one year from the date of its adoption and shall thereafter be of no force and effect. Section 5. The City Clerk shall publish this urgency ordinance in the manner required by law. Section 6. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. Terry Nagel, Mayor I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, do hereby certify that the foregoing ordinance was introduced and adopted at a regular meeting of the City Council held on the 16th day of November 2015, by the following vote: AYES: Councilmembers: BROWNRIGG, KEIGHRAN, NAGEL, ORTIZ, ROOT NOES: Councilmembers: NONE ABSENT: Councilmembers: NONE