HomeMy WebLinkAboutOrdinance #3700 i
ORDINANCE NO. 3 7 0 0
AN INTERIM ORDINANCE OF THE CITY OF HUNTINGTON BEACH IMPOSING A
MORATORIUM ON MEDICAL MARIJUANA DISPENSARIES
WHEREAS, the City Council of the City of Huntington Beach does hereby find, determine
and ordain as follows:
SECTION 1. Definitions.
Medical Marijuana Dispensary or Dispensary shall mean any facility or location where
medical marijuana is made available to and/or distributed by or to three or more of the following: a
I 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. A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code;
b. A health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and
Safety Code;
C. 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;
d. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division
2 of the Health and Safety Code;
e. A residential hospice, or
f. A home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and
Safety Code, as long as any such use complies strictly with applicable law including,
but not limited to, Heath and Safety Code Section 11362.5 et seq.
SECTION 2. The issuance of permits for medical marijuana dispensaries presents a current
and immediate threat to the public health, safety, or welfare, and the approval of permits for such
facilities would result in that threat to public health, safety, or welfare, and potential violation of _
Federal law. This finding is based upon evidence received by the City Council that medical
marijuana dispensaries have negative, secondary effects in California cities where they exist and
upon the determination by the Federal Appellate Court that such dispensaries are not legal under the
criminal statutes of the United States.
SECTION '). A moratorium on the issuance permits for such uses is hereby imposed for a
period of 30 days. This moratorium prohibits the establishment of a dispensary as defined herein.
SECTION 4. Pursuant to California Government Code Section 65858(a) and Huntington
Beach City Charter Section 501, this interim ordinance shall become effective immediately.
SECTION 5. Nothing in this Ordinance shall preclude the use.or possession of marijuana
pursuant to California Health and Safety Code Section 11362.5 et seq.
04ord/marijuanas/2/24/05 1
Ordinance No. 3700
SECTION 6. This Ordinance is categorically exempt from environmental review pursuant .
to CEQA Guidelines §15061(b)(3).
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 22nd day of February , 200 5rMk)
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ATTEST: APPROVED AS TO FORM:
City Clerk )b� City Attorney
REVIEWED AND APPROVED: INITI D APPROVED:
Ac�t�ll�
/ ty Administrator Police Chief
04ord/marijuanas/2/24/05 2
Ord. No. 3700
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven; that the foregoing ordinance was read to said City Council at a rellular
meeting thereof held on the 22nd day of February, 2005, and was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council.
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr
NOES: Cook
ABSENT: None
ABSTAIN: None
[,Joan L. Flynn,CITY CLERK of the City of Huntington
Beach and ex-ofticio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on March 3,2005.
In accordance with the City Charter of said City
Joan L. Flypn, City Clerk Ci Clerk and ex-officio erk
Deputy Citv Clerk of the City Council of the City
of Huntington Beach, California