HomeMy WebLinkAboutOrdinance #4059 ORDINANCE NO.NO. 4059
URGENCY MEASURE ADOPTING AN INTERIM ORDINANCE OF
THE CITY OF HUNTINGTON BEACH ADDING SECTION 204.18
TO CHAPTER 204 OF THE ZONING AND SUBDIVISION ORDINANCE
TITLED USE CLASSIFICATIONS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. FINDINGS.
A. Federal laws have historically prohibited any possession, sale and distribution of
marijuana. Due to the City's concerns of public health, safety, and welfare of the
residents and businesses, in 2007, the City Council amended the Zoning and
Subdivision Ordinance (Ordinance No. 3788) to eliminate medical marijuana
dispensaries as a permitted (retail, commercial, or otherwise) use within the City.
The City of Huntington Beach also previously imposed a Moratorium on medical
marijuana dispensaries; and
B. Since 2007, medical marijuana dispensaries are not permitted to operate in
Huntington Beach and therefore are strictly prohibited to exist in the City; and
C. To expressly and notoriously inform the citizens of the City's intent to continue to
serve the public health, safety, and welfare of the residents and businesses within
the City, the City Council desires to amend the Huntington Beach's Zoning and
Subdivision Ordinance to make express the City's current prohibition of medical.
marijuana dispensaries within the City; and
D. Medical marijuana dispensaries have been established in numerous locations in
California, and as a consequence, local agencies have reported negative secondary
effects on the community, which effects include illegal drug activity and drug
sales in the vicinity of dispensaries; robbery of persons leaving dispensaries;
driving under the influence of a controlled substance by persons who have
obtained marijuana from a dispensary; persons acquiring marijuana from a
dispensary and then selling it to a non-qualified person; burglaries and robberies;
and an increase in vacancies in the commercial areas in the vicinity of such
businesses; and
E. There is a current and immediate threat to the public health, safety, and welfare of
residents and businesses within the City and the issuance of any permit or
approval for the establishment of a medical marijuana dispensary within the City
prior to the adoption of a regular zoning ordinance containing an express
prohibition might result in the realization of that threat; and
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Ordinance No . 4059=
F. Pursuant to the California State Planning and Zoning Law, the Huntington Beach
Planning Commission and Huntington Beach City Council have held separate,
duly noticed public hearings to consider Zoning Text Amendment No. 15-004,
which amends Chapter 204 of the Huntington Beach Zoning and Subdivision
Ordinance relating to use classifications.
SECTION 2. DECLARATION OF URGENCY.
Pursuant to Government Code Section 65858, and based on the findings set forth above,
the City Council hereby declares that this interim ordinance is necessary as an urgency measure
for the immediate preservation of the public health, safety, or welfare.
SECTION 3. Section 204.18 of the Zoning and Subdivision Ordinance is hereby added
to read as follows:
204.18 Prohibited Uses.
A. Purpose. In order to expressly inform the public that any distribution of
marijuana by Medical Marijuana Businesses, Collectives, Cooperatives or
Dispensaries, etc. are prohibited in the City of Huntington Beach,the City is
adding this express prohibition to the Zoning and Subdivision Ordinance.
B. Definitions. For purposes of this section, the following term is defined:
1. Medical Marijuana Business, Collective, Cooperative or Dispensary
means any location, structure, facility, vehicle, business, store, co-op,
residence, or similar facility used, in full or in part, as a place at or in
which marijuana is sold, traded, exchanged, bartered for in any way, made
available, located, stored, displayed, placed or cultivated, including any of
the foregoing if used in connection with the distribution of marijuana.
C. Medical Marijuana Businesses, Collectives, Cooperatives or Dispensaries. A
Medical Marijuana Business, Collective, Cooperative or Dispensary or any other
such business, no matter how so named, is not a permitted use in any zoning
district or specific plan in the City. It shall be unlawful for any person or entity to
own, manage, establish, conduct or operate a Medical Marijuana Business,
Collective, Cooperative or Dispensary. Also, it shall be unlawful for any person
to permit to be established, conducted, operated, owned or managed as a landlord,
owner, employee, contractor, agent or volunteer, or in any other manner or
capacity, any medical marijuana business, collective, cooperative or dispensary in
the City.
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Ordinance No . 4059
SECTION 4. This ordinance shall become effective immediately upon its adoption and
remains in effect for 45 days or until such time the ordinance is extended.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 4 t h day of M a Y 2015,
Ma
ATTEST: APPROVED R
ity Clerk City Attorney
- 1 7
REVIE ND APPROVED: INITIATED AND APPROVED:
y Manager U Director of Planning and Building
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Interim Ord. No. 4059
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 regular meeting thereof held on May 4,2015 and was passed and
adopted by at least six affirmative votes of said City Council.
AYES: Posey, O'Connell, Katapodis, Hardy, Sullivan, Delgleize, Peterson
NOES: None
ABSENT: None
ABSTAIN: None
1,JOAN L.FLYNN,CITY CLERK of the City of
Huntington Beach and ex-officio Clerk of the City -
Council,do hereby certify that a synopsis of this
ordinance has been published in the Huntington Beach
Wave on: May 14,2015.
In accordance with the City Charter of said City
Joan L. Flynn,City Clerk Ci lerk and ex-officio Clerk
Deputy city Clerk of the City Council of the City
of Huntington Beach, California