HomeMy WebLinkAboutOrd 1906ORDINANCE NO, 1906
AN INTERUM ORDINANCE OF THE CITY OF BURLINGAME
PROHIBITING THE ESTABLISHMENT AND OPERATION OF MARINANA
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 and plan for any impacts associated with permitting
marijuana -related uses;
NOW, THEREFORE, the City Council of the City of Burlingame does hereby find
and declare as follows:
Secrion 1: Council Findings
A. The City Council fi
nds 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.
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 forty-five days.
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.
F. 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 forty-five days from the date of its adoption and shall
thereafter be of no force and effect unless, after notice pursuant to Government Code
Section 65090 and a public hearing, the City Council extends this urgency
ordinance.
Section 5. The City Attorney shall review and consider options for the regulation of
medical marijuana -related uses in the City and provide to the City Council a report
describing the measures that the City has taken to address the conditions which led
to the adoption of this interim urgency ordinance.
Section 6. The City Clerk shall publish this urgency ordinance in the manner
required by law.
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Section 7. 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, MARY ELLEN KEARNEY, 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 5th
JANUARY
2015, by the following vote:
AYES: COUNCILMEMBERS: gROWNRIGG, KEIGHRAN, NAGEL, ORTIZ, ROOT
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
MARY ELLEN KEARNEY, City Clerk