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HomeMy WebLinkAboutInterim Ordinance No. 3697 FAILED Imposing a 45 Day Moratori v� �G�lt G1.1 �7J YyL l CITY OF HUNTINGTON BEACH City Council Interoffice Communication To: Honorable Mayor and City Council Members From: Gil Coerper, City Council Member Date: July 8, 2005 / (f—� Subject: H-ITEM FOR JULY 18, 2005, CITY COUNCIL MEETING— REPEAL OF ORDINANCE 3703, WHICH MODIFIED THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TO INCLUDE MEDICAL MARIJUANA DISPENSARIES. STATEMENT OF ISSUE Earlier this year there were several meetings with city staff and members of the City Council exploring whether or not the city of Huntington Beach should permit medical marijuana dispensaries in the city of Huntington Beach consistent with the Compassionate Use Act (Proposition 215). In March of this year, Council adopted Ordinance No. 3703, which permits medical marijuana dispensaries in specified locations. At the time of adoption of the ordinance, a Supreme Court decision was still pending in a case that challenged the applicability of Proposition 215 as it relates to the Federal Controlled Substances Act. In June 2005, the Supreme Court of the United States issued its opinion in Gonzalez v. Raich, which upholds enforcement of the Federal Controlled Substances Act. In other words, possession of marijuana is still a federal crime. In view of this decision of the Supreme Court, the city should process a zoning text amendment to disallow for uses that are in violation of federal law. For the city to continue to allow medical marijuana dispensaries could be viewed by federal authorities as aiding or abetting the commission of a felony or conspiracy to violate the law. RECOMMENDED ACTION: Direct staff to prepare an ordinance amending Chapters 204.10 and 212.04 to prohibit medical marijuana dispensaries in the city of Huntington Beach. xc: Penny Culbreth-Graft, City Administrator Robert Beardsley, Acting Assistant City Administrator Joan Flynn, City Clerk Jennifer McGrath, City Attorney 0) p �— /d Council/Agency Meeting Held: Deferred/Continued to: %Approved ❑ Conditionally Approved ❑ Denied Ity ler s Sign re Council Meeting Date: March 21, 2005 Departme Number: CA 05-13 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR CITY COUNCIL MEMBERS W` SUBMITTED BY: JENNIFER MCGRATH, City Attorney KENNETH SMALL, Chief of Police HOWARD ZELEFSKY, Director of Planning p PREPARED BY: JENNIFER MCGRATH, City Attorney ( SUBJECT: Amendment to the Zoning and Subdivision Ordinance to include and regulate medical marijuana dispensariesz�°. �' ��� Statement of Issue, Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Whether or not to amend the Huntington Beach Zoning and Subdivision Ordinance regulating the establishment and operation of medical marijuana dispensaries. Funding Source: N/A Recommended Action: Adopt Ordinance No. 3 7d.3 An Emergency Ordinance Of The City Of Huntington Beach Amending Chapter 204 (Use Classifications) And Chapter 212 (Industrial Districts) Of The Huntington Beach Zoning And Subdivision Ordinance To Include Medical Marijuana Dispensaries. Alternative Action(s): Do not adopt Ordinance No3 743 Analysis: On February 22, 2005, City staff initiated an ordinance which would have imposed a temporary moratorium on medical marijuana distribution facilities for 45 days. This recommendation was based on adverse effects of the "cannabis clubs" experienced by other cities. After considering the matter and the intent of the California voters in enacting Proposition 215, the Compassionate Use Act, the City Council directed staff to prepare an ordinance regulating the establishment and operation of medical marijuana dispensaries. City Council proposed this ordinance in response to Proposition 215, and its purpose is to assure that dispensaries permitted under Proposition 215 could be legally established in Huntington Beach, while at the same time regulating them so as to ensure that they would not be incompatible with nearby uses. REQUEST FOR ACTION MEETING DATE: 3/21/2005 DEPARTMENT ID NUMBER:CA 05-13 The ordinance is designed to regulate the establishment and operation of such clubs known as "medical marijuana dispensaries" in the ordinance. The general purpose of the ordinance remains to regulate permitting of medical marijuana dispensaries so as to minimize adverse impacts on the surrounding community. This purpose is and must be tempered with compassion and concern for the patients who use these facilities. Proposition 215 expressed the view of the state's voters that these persons should be allowed reasonable access to marijuana for their medical needs. However, Proposition 215 was not clearly drafted and left to local jurisdictions the job of working out the details of its implementation. This ordinance allows patients reasonable access to their medicine and at the same time addresses other concerns of the Huntington Beach community at large by regulating the location of the facilities. Subsequently, staff will prepare an ordinance for City Council review addressing operational criteria. Both of these ordinances will have to be repealed and any facilities in existence will have to close if the United States Supreme Court issues a decision favorable to the Department of Justice in the pending case regarding the application of federal criminal laws to medical marijuana distribution. The current proposed ordinance amends Chapter 212 and 204 of the Huntington Beach Zoning and Subdivision Ordinance by defining and adding medical marijuana dispensaries as a regulated use. Such dispensaries shall now be required to obtain a medical marijuana dispensary permit from the Planning Department and will be subject to the same locational criteria as sex oriented businesses. Accordingly, medical marijuana dispensaries cannot be located outside of industrial zones, cannot be within 500 feet of a residential use, school or park and are subject to other building and locational standards. Attached are two maps which depict the areas in which sex oriented businesses are permitted to show the areas which medical marijuana dispensaries will also be permitted. The evidence that supports the finding contained in the ordinance is set forth in the RCA that accompanied the moratorium ordinance adopted by the City Council on February 22, 2005, and considered by the City Council at that meeting. NOTE: Pursuant to City Charter §501, at least five affirmative votes are required to pass an emergency ordinance to become effective immediately. Environmental Status: N/A Attachment(s): DescriptionCity Clerk's Page Number No. 1. Ordinance No.3703 An Emergency Ordinance Of The City Of Huntington Beach Amending Chapter 204 (Use Classifications) And Chapter 212 (Industrial Districts) Of The Huntington Beach Zoning And Subdivision Ordinance To Include Medical Marijuana Dispensaries 2. Legislative Draft of Chapter 204 3. Legislative Draft of Chapter 212 4. 1 Maps depicting Sensitive Uses South of Bolsa Avenue and East of Gothard Avenue G:\RCA\2005\medical ZSO.doc -2- 3/9/2005 5:02 PM ATTACHMENT NO . 1 ORDINANCE NO. 3703 AN EMERGENCY ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 204 (USE CLASSIFICATIONS) AND CHAPTER 212 (INDUSTRIAL DISTRICTS) OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TO INCLUDE MEDICAL MARIJUANA DISPENSARIES The City Council of the City of Huntington Beach does hereby ordain and find as follows: FINDINGS: 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 I. That Section 204.10 of the Huntington Beach Zoning and Subdivision Ordinance titled Commercial Use Classifications is hereby amended to add a new subsection R to read as follows: R Medical Marijuana Dispensary or Dispensary. Any facility or location where medical marijuana is made available to and/or distributed by or to three or more of the following: a 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: 1. A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code; 2. A health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code; 3. 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; 4. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code; 5. A residential hospice, or 6. 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. Section 212.04 of the Huntington Beach Zoning and Subdivision Ordinance titled IG and IL Districts: Land Use Controls is hereby amended to include in the Use ord/05 zoning chp 204 and 212 marijuana/3/4/05 I Classification-Commercial Uses, Medical Marijuana Dispensary, to be zoned P (L-13). Subsection L-13 shall read as follows:. L-13 Allowed subject to the following requirements: A. A proposed medical marijuana dispensary shall be at least five hundred feet (500') from any residential use, school, park and recreational facility, or any building used for religious assembly(collectively referred to as a "sensitive use") and at least seven hundred fifty feet (750') from another medical marijuana dispensary. For purposes of these requirements, all distances shall be measured from the lot line of the proposed medical marijuana dispensary to the lot line of the sensitive use or the other medical marijuana dispensary. The term "residential use" means any property zoned RL, RM, RMH, RH, RMP, and any properties with equivalent designations under any specific plan. To determine such distances the applicant shall submit for review a straight line drawing depicting the distances from the lot line of the parcel of land on which the medical marijuana dispensary is proposed which includes all the proposed parking and: 1. the lot line of any other medical marijuana dispensary within seven hundred fifty feet (750') of the lot line of the medical marijuana dispensary; and 2. the lot line of any building used for religious assembly, school, or park and recreational facility within five hundred (500') feet of the lot line of the medical marijuana dispensary; and 3. the lot line of any parcel of land zoned RL, RM, RMH, RE, and RMP and any parcels of land with equivalent designations under any specific plans within five hundred feet (500') of the lot line of the proposed medical marijuana dispensary. B. Prior to or concurrently with applying for a building permit and/or a certificate of occupancy for the building, the applicant shall submit application for Planning Department Staff Review of a medical marijuana dispensary zoning permit with the drawing described in subsection A, a technical site plan, floor plans and building elevations, and application fee. Within ten (10) days of submittal, the Director shall determine if the application is complete. If the application is deemed incomplete, the applicant may resubmit a completed application within ten (10) days. Within thirty days of receipt of a completed application, the Director shall determine if the application complies with the applicable development and performance standards of the Huntington Beach Zoning and Subdivision Ordinance. Said standards include but are not limited to the following: Chapter 203, Definitions; Chapter 212, Industrial Districts; Chapter 230, Site Standards; Chapter 231, Off-Street Parking& Loading Provisions; Chapter 232, Landscape Improvements; and Chapter 236, Nonconforming Uses and Structures. ord/05 zoning chp 204 and 212 marijuana/3/14,105 2 C. The Director shall grant or deny the application for a medical marijuana dispensary zoning permit for a medical marijuana dispensary. There shall be no administrative appeal from the granting or denial of a permit application thereby permitting the applicant to obtain prompt judicial review. D. A medical marijuana dispensary may not apply for a variance pursuant to Chapter 241 nor a special sign permit pursuant to Chapter 233. E. A medical marijuana dispensary zoning permit shall become null and void one year after its date of approval unless: 1. Construction has commenced or a Certificate of Occupancy has been issued, whichever comes first; or 2. The use is established. F. The validity of a medical marijuana dispensary zoning permit shall not be affected by changes in ownership or proprietorship provided that the new owner or proprietor promptly notifies the Director of the transfer. G. A medical marijuana dispensary zoning permit shall lapse if the exercise of rights granted by it is discontinued for 12 consecutive months. SECTION 3. This ordinance shall become effective immediately upon its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 21 st day of March , 2005. r ATTEST: APPROVED AS TO FORM: City Clerk UCity Attorney REVIEWED AND APPROVED: INj ATED AND APPROVED: City A ministrator Director of Planning ord/05 zoning chp 204 and 212 marijuana/3/14/05 3 Emergency Ord. No. 3703 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 the 21st day of March, 2005 and was passed and adopted by at least five affirmative votes of said City Council. AYES: Hansen, Coerper Sullivan, Hardy, Green, Bohr, Cook NOES: None ABSENT: None ABSTAIN: None I,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 Fountain Valley Independent on ,2005 000,M) I�M In accordance with the City Charter of said City CU Clerk and ex-officio Olerk Joan L. Fl nn�ity Clerk of the City Council of the City Deputy City clerk of Huntington Beach, California ATTACHMENT NO . 2 ORDINANCE NO. 370-5 LEGISLATIVE DRAFT Chapter 204 LTse lassif cations" (3334-6/97, 3378-2/98, 3521-2/02, 3568-9/02,3669-12/04) Sections: 204.02 Applicability 204.04 Uses Not Classified 204.06 Residential Use Classifications 204.08 Public and Semipublic Use Classifications 204.10 Commercial Use Classifications 204.12 Industrial Use Classifications 204.14 Accessory Use Classifications 204.16 Temporary Use Classifications 204.02 Applicability Use classifications describe one or more uses having similar characteristics, but do not list every use or activity that may appropriately be within the classification. The Director shall determine whether a specific use shall be deemed to be within one or more use classifications or not within any classification in this Title. The Director may determine that a specific use shall not be deemed to be within a classification, if its characteristics are substantially different than those typical of uses named within the classification. The Director's decision may be appealed to the Planning Commission. (3334-6/97) 204.04 Uses Not Classified Any new use, or any use that cannot be clearly determined to be in an existing use classification, may be incorporated into the zoning provisions by a Zoning and Subdivision Ordinance text amendment, as provided in Chapter 247. Such an incorporation shall not be effective unless certified by the Coastal Commission as a Local Coastal Program amendment. (3334-6/97) 204.06 Residential Use Classifications A. Day Care, Limited (or Small-Family). Non-medical care and supervision of six or fewer persons, or eight or fewer persons if two of the persons are six years of age or older, on a less than 24-hour basis. Children under the age of 10 years who reside in the home shall be counted for purposes of these limits. This classification includes nursery schools, preschools, and day-care centers for children and adults. (3334-6/97,3669-12/04) B. Group Residential. Shared living quarters without separate kitchen or bathroom facilities for each room or unit. This classification includes boarding houses, but excludes residential hotels or motels. (3334-6/97) C. Multifamily Residential. Two or more dwelling units on a site. This classification includes manufactured homes. (3334-6/97) legisdrft/05 zoning/chp 204 LD I D. Residential Alcohol Recovery, Limited. Twenty-four-hour care for no more than six persons suffering from alcohol problems in need of personal services, supervision, protection or assistance. This classification includes only those facilities licensed by the State of California. (3334-6/97) E. Residential Care, Limited. Twenty-four-hour non-medical care for 6 or fewer persons in need of personal services, supervision, protection, or assistance essential for sustaining the activities of daily living. This classification includes only those services and facilities licensed by the State of California.(3334-6/97) F. Single-Family Residential. Buildings containing one dwelling unit located on a single lot. This classification includes manufactured homes. (3334-6/97) 204.08 Public and Semipublic Use Classifications A. Cemetery. Land used or intended to be used for the burial of human remains and dedicated for cemetery purposes. Cemetery purposes include columbariums, crematoriums, mausoleums, and mortuaries operated in conjunction with the cemetery, business and administrative offices, chapels, flower shops, and necessary maintenance facilities. (3334-6/97) B. Clubs and Lodges. Meeting, recreational, or social facilities of a private or nonprofit organization primarily for use by members or guests. This classification includes union halls, social clubs and youth centers. (3334-6/97) C. Community and Human Service Facilities. 1. Drug Abuse Centers. Facilities offering drop-in services for persons suffering from drug abuse, including treatment and counseling without provision for on-site residence or confinement. (3334-6/97) 2. Primary Health Care. Medical services, including clinics, counseling and referral services, to persons afflicted with bodily or mental disease or injury without provision for on-site residence or confinement. (3334-6/97) 3. Emergency Kitchens. Establishments offering food for the "homeless" and others in need. (3334-6/97) 4. Emergency Shelters. Establishments offering food and shelter programs for "homeless" people and others in need. This classification does not include facilities licensed for residential care, as defined by the State of California, which provide supervision of daily activities. (3334-6/97) 5. Residential Alcohol Recovery, General. Facilities providing 24-hour care for more than six persons suffering from alcohol problems, in need of personal services, supervision, protection or assistance. These facilities may include an inebriate reception center as well as facilities for treatment, training, research, and administrative services for program participants and employees. This classification includes only those facilities licensed by the State of California. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 204 204-2 6/97 legisdrft/05 zoning/chp 204 LD 2 6. Residential Care, General. Twenty-four-hour non-medical care for seven or more persons, including wards of the juvenile court, in need of personal services, supervision, protection, or assistance essential for sustaining the activities of daily living. This classification includes only those facilities licensed by the State of California.(3334- 6/97) D. Convalescent Facilities. Establishments providing care on a 24-hour basis for persons requiring regular medical attention, but excluding facilities providing surgical or emergency medical services. (3334-6/97) E. Cultural Institutions. Nonprofit institutions displaying or preserving objects of interest in one or more of the arts or sciences. This classification includes libraries, museums, and art galleries. (3334-6/97) F. Day Care, Large-Family. Non-medical care and supervision for 7 to 12 persons, or up to 14 persons if two of the persons are six years of age or older on a less than 24-hour basis. Children under the age of 10 years who reside in the home shall be counted for purposes of these limits. (3334-6/97,3669-12/04) G. Dav Care, General. Non-medical care for 13 or more persons on a less than 24-hour basis. This classification includes nursery schools, preschools, and day-care centers for children or adults. (3334-6/97,3669-12/04) H. Emergency Health Care. Facilities providing emergency medical service with no provision for continuing care on an inpatient basis. (3334-6/97) 1. Government Offices. Administrative, clerical, or public contact offices of a government agency, including postal facilities, together with incidental storage and maintenance of vehicles. (3334-6/97) J. Heliports. Pads and facilities enabling takeoffs and landings by helicopter. (3334- 6/97) K. Hospitals. Facilities providing medical, surgical, psychiatric, or emergency medical services to sick or injured persons, primarily on an inpatient basis. This classification includes incidental facilities for out-patient treatment, as well as training, research, and administrative services for patients and employees. (3334-6/97) L. Maintenance and Service Facilities. Facilities providing maintenance and repair services for vehicles and equipment, and materials storage areas. This classification includes corporation yards, equipment service centers, and similar facilities. (3334-6/97) M. Marinas. A boat basin with docks, mooring facilities, supplies and equipment for small boats. (3334-6/97) N. Park and Recreation Facilities. Noncommercial parks, playgrounds, recreation facilities, and open spaces. (3334-6/97) O. Public Safety Facilities. Facilities for public safety and emergency services, including police and fire protection. (3334-6/97) legisdrft/05 zoning/chp 204 LD 3 P. Religious Assembly. Facilities for religious worship and incidental religious education, but not including private schools as defined in this section. (3334-6/97) Q. Schools, Public or Private. Educational institutions having a curriculum comparable to that required in the public schools of the State of California. (3334- 6/97) R. Utilities, Major. Generating plants, electrical substations, above-ground electrical transmission lines, switching buildings, refuse collection, transfer, recycling or disposal facilities, flood control or drainage facilities, water or wastewater treatment plants, transportation or communications utilities, and similar facilities of public agencies or public utilities. (3334-6/97) S. Utilities, Minor. Utility facilities that are necessary to support legally established uses and involve only minor structures such as electrical distribution lines, underground water and sewer lines, and recycling and collection containers. (3334-6/97) 204.10 Commercial Use Classifications A. Ambulance Services. Provision of emergency medical care or transportation, including incidental storage and maintenance of vehicles as regulated by Chapter 5.20. (3334-6/97,3378-2/98) B. Animal Sales and Services. 1. Animal Boarding. Provision of shelter and care for small animals on a commercial basis. This classification includes activities such as feeding, exercising, grooming, and incidental medical care, and kennels. (3334-6/97) 2. Animal Grooming. Provision of bathing and trimming services for small animals on a commercial basis. This classification includes boarding for a maximum period of 48 hours. (3334-6/97) 3. Animal Hospitals. Establishments where small animals receive medical and surgical treatment. This classification includes only facilities that are entirely enclosed, soundproofed, and air- conditioned. Grooming and temporary (maximum 30 days) boarding of animals are included, if incidental to the hospital use. (3334-6/97) 4. Animals: Retail Sales. Retail sales and boarding of small animals, provided such activities take place within an entirely enclosed building. This classification includes grooming, if incidental to the retail use, and boarding of animals not offered for sale for a maximum period of 48 hours. (3334-6/97) 5. Equestrian Centers. Establishments offering facilities for instruction in horseback riding, including rings, stables, and exercise areas. (3334-6/97) 6. Pet Cemetery. Land used or intended to be used for the burial of animals, ashes or remains of dead animals, including placement or erection of markers, headstones or monuments over such places of burial. (3334-6/97) legisdrft/05 zoning/chp 204 LD 4 C. Artists' Studios. Work space for artists and artisans, including individuals practicing one of the fine arts or performing arts, or skilled in an applied art or craft. (3334-6/97) D. Banks and Savings and Loans. Financial institutions that provide retail banking services to individuals and businesses. This classification includes only those institutions engaged in the on-site circulation of cash money. It also includes businesses offering check-cashing facilities. (3334-6/97,3378-2/98) 1. With Drive-up Service. Institutions providing services accessible to persons who remain in their automobiles. (3334-6/97) E. Building Materials and Services. Retailing, wholesaling, or rental of building supplies or equipment. This classification includes lumber yards, tool and equipment sales or rental establishments, and building contractors' yards, but excludes establishments devoted exclusively to retail sales of paint and hardware, and activities classified under Vehicle/Equipment Sales and Services. (3334-6/97,3378-2/98) F. Catering Services. Preparation and delivery of food and beverages for off- site consumption without provision for on-site pickup or consumption. (See also Eating and Drinking Establishments.) (3334-6/97,3378-2/98) G. Commercial Filming. Commercial motion picture or video photography at the same location more than six days per quarter of a calendar year. (See also Chapter 5.54, Commercial Photography) (3334-6/97,3378-2/98) H. Commercial Recreation and Entertainment. Provision of participant or spectator recreation or entertainment. This classification includes theaters, sports stadiums and arenas, amusement parks, bowling alleys, billiard parlors and poolrooms as regulated by Chapter 9.32; dance halls as regulated by Chapter 5.28; ice/roller skating rinks, golf courses, miniature golf courses, scale-model courses, shooting galleries, tennis/racquetball courts, health/fitness clubs, pinball arcades or electronic games centers, cyber cafe having more than 4 coin-operated game machines as regulated by Chapter 9.28; card rooms as regulated by Chapter 9.24; and fortune telling as regulated by Chapter 5.72. (3334-6/97,3378-2/98,3669-12/04) 1. Limited. Indoor movie theaters, game centers and performing arts theaters and health/fitness clubs occupying less than 2,500 square feet. (3334-6/97) 1. Communications Facilities. Broadcasting, recording, and other communication services accomplished through electronic or telephonic mechanisms, but excluding Utilities (Major). This classification includes radio, television, or recording studios; telephone switching centers; telegraph offices; and wireless communication facilities. (3334-6/97,3378-2/98,3568-9/02)) J. Eating and Drinking Establishments. Businesses serving prepared food or beverages for consumption on or off the premises. (3334-6/97,3378-2/98) 1. With Fast-Food or Take-Out Service. Establishments where patrons order and pay for their food at a counter or window before it is consumed and may either pick up or be served such food at a table or take it off-site for consumption. (3334-6/97) legisdrft/05 zoning/chp 204 LD 5 a. Drive-through. Service from a building to persons in vehicles through an outdoor service window. (3334-6/97) b. Limited. Establishments that do not serve persons in vehicles or at a table. (3334-6/97) 2. With Live Entertainment/Dancing. An eating or drinking establishment where dancing and/or live entertainment is allowed. This classification includes nightclubs subject to the requirements of Chapter 5.44 of the Municipal Code. (3334-6/97) K. Food and Beverage . Retail sales of food and beverages for off-site preparation and consumption. Typical uses include groceries, liquor stores, or delicatessens. Establishments at which 20 percent or more of the transactions are sales of prepared food for on-site or take-out consumption shall be classified as Catering Services or Eating and Drinking Establishments. (3334-6/97,3378-2/98) 1. With Alcoholic Beverage Sales. Establishments where more than 10 percent of the floor area is devoted to sales, display and storage of alcoholic beverages. (3334-6/97) L. Food Processing. Establishments primarily engaged in the manufacturing or processing of food or beverages for human consumption and wholesale distribution. (3334-6/97,3378-2/98) M. Funeral and Interment Services. Establishments primarily engaged in the provision of services involving the care, preparation or disposition of human dead other than in cemeteries. Typical uses include crematories, columbariums, mausoleums or mortuaries. (3334-6/97,3378-2/98) N. Horticulture. The raising of fruits, vegetables, flowers, trees, and shrubs as a commercial enterprise. (3334-6/97,3378-2/98) O. Laboratories. Establishments providing medical or dental laboratory services; or establishments with less than 2,000 square feet providing photographic, analytical, or testing services. Other laboratories are classified as Limited Industrv. (3334-6/97,3378-2/98) P. Maintenance and Repair Services. Establishments providing appliance repair, office machine repair, or building maintenance services. This classification excludes maintenance and repair of vehicles or boats; see (Vehicle/Equipment Repair). (3334-6/97) Q. Marine Sales and Services. Establishments providing supplies and equipment for shipping or related services or pleasure boating. Typical uses include chandleries, yacht brokerage and sales, boat yards, boat docks, and sail-making lofts. (3334-6/97,3378-2/98) R Medical Marijuana Dispensary or Dispensary. Any facility or location where medical marijuana is made available to and/or distributed by or to three or more of the following: a primary caregiver, a qualified patient, or a person with an identification card, in strict accordance with California Health legisdrft/05 zoning/chp 204 LD 6 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: 1. A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code; 2. A health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code; 3. 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; 4. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code; 5. A residential hospice, or 6. 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. PAS. Nurseries. Establishments in which all merchandise other than plants is kept within an enclosed building or a fully screened enclosure, and fertilizer of any type is stored and sold in package form only. (3334-6/97,3378-2/98) ST. Offices, Business and Professional. Offices of firms or organizations providing professional, executive, management, or administrative services, such as architectural, engineering, graphic design, interior design, real estate, insurance, investment, legal, veterinary, and medical/dental offices. This classification includes medical/dental laboratories incidental to an office use, but excludes banks and savings and loan associations. (3334-6/97,3378-2/98) TU. Pawn Shops. Establishments engaged in the buying or selling of new or secondhand merchandise and offering loans secured by personal property and subject to Chapter 5.36 of the Municipal Code. (3334-6/97,3378-2/98) UV. Personal Enrichment Services. Provision of instructional services or facilities, including photography, fine arts, crafts, dance or music studios, driving schools, business and trade schools, and diet centers, reducing salons, fitness studios, yoga or martial arts studios, and massage in conjunction with Personal Services business. (3334-6/97,3378-2/98,3669-12/04) legisdrft/05 zoning/chp 204 LD 7 VW. Personal Services. Provision of recurrently needed services of a personal nature. This classification includes barber and beauty shops, seamstresses, tailors, shoe repair shops, dry-cleaning businesses (excluding large-scale bulk cleaning plants), photo-copying, and self-service laundries. (3334-6r97,3378- 2l98) -WX. Research and Development Services. Establishments primarily engaged in industrial or scientific research, including limited product testing. This classification includes electron research firms or pharmaceutical research laboratories, but excludes manufacturing, except of prototypes, or medical testing and analysis. (3334-6r97,3378-2/98) XY. Retail Sales. The retail sale of merchandise not specifically listed under another use classification. This classification includes department stores, drug stores, clothing stores, and furniture stores, and businesses retailing the following goods: toys, hobby materials, handcrafted items,jewelry, cameras, photographic supplies, medical supplies and equipment, electronic equipment, records, sporting goods, surfing boards and equipment, kitchen utensils, hardware, appliances, antiques, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, and new automotive parts and accessories (excluding service and installation). (3334- 6l97,3378-2/98) YZ. Secondhand Appliances and Clothing Sales. The retail sale of used appliances and clothing by secondhand dealers who are subject to Chapter 5.36. This classification excludes antique shops primarily engaged in the sale of used furniture and accessories other than appliances, but includes junk shops. (3334-6/97,3378-2/98) Z.AASex Oriented Businesses. Establishments as regulated by Chapter 5.70; baths, sauna baths and massage establishments, as regulated by Chapter 5.24; and figure model studios as regulated by Chapter 5.60. (3378-2r98) AABB. Swap Meets, Indoor/Flea Markets. An occasional, periodic or regularly scheduled market held within a building where groups of individual vendors offer goods for sale to the public. (3334-6r97) 13-BCC. Swap Meets, Recurring. Retail sale or exchange of handcrafted or secondhand merchandise for a maximum period of 32 consecutive hours, conducted by a sponsor on a more than twice yearly basis. (3334-6r97) GGDD. Tattoo Establishment. Premises used for the business of marking or coloring the skin with tattoos as regulated by Chapter 8.70. (3334-6r97) DDEE. Travel Services. Establishments providing travel information and reservations to individuals and businesses. This classification excludes car rental agencies. (3334-6r97) €-EFF. Vehicle/Equipment Sales and Services. l. Automobile Rentals. Rental of automobiles, including storage and incidental maintenance, but excluding maintenance requiring pneumatic lifts. (3334-6r97) legisdrft/05 zoning/chp 204 LD 8 2. Automobile Washing. Washing, waxing, or cleaning of automobiles or similar light vehicles. (3334-6/97) 3. Commercial Parking Facility. Lots offering short-term or long-term parking to the public for a fee. (3334-6/97) 4. Service Stations. Establishments engaged in the retail sale of gas, diesel fuel, lubricants, parts, and accessories. This classification includes incidental maintenance and minor repair of motor vehicles, but excluding body and fender work or major repair of automobiles, motorcycles, light and heavy trucks or other vehicles. (3334-6/97) 5. Vehicle/Equipment Repair. Repair of automobiles, trucks, motorcycles, mobile homes, recreational vehicles, or boats, including the sale, installation, and servicing of related equipment and parts. This classification includes auto repair shops, body and fender shops, transmission shops, wheel and brake shops, and tire sales and installation, but excludes vehicle dismantling or salvage and tire retreading or recapping. (3334-6/97) a. Limited. Light repair and sale of goods and services for vehicles, including brakes, muffler, tire shops, oil and lube, and accessory uses, but excluding body and fender shops, upholstery, painting, and rebuilding or reconditioning of vehicles. (3334-6/97) 6. Vehicle/Equipment Sales and Rentals. Sale or rental of automobiles, motorcycles, trucks, tractors, construction or agricultural equipment, manufactured homes, boats, and similar equipment, including storage and incidental maintenance. (3334-6/97) 7. Vehicle Storage. Storage of operative or inoperative vehicles. This classification includes storage of parking tow-aways, impound yards, and storage lots for automobiles, trucks, buses and recreational vehicles, but does not include vehicle dismantling. (3334-6/97) €FGG. Visitor Accommodations. 1. Bed and Breakfast Inns. Establishments offering lodging on a less than weekly basis in a converted single-family or multi-family dwelling or a building of residential design, with incidental eating and drinking service for lodgers only provided from a single kitchen. (3334-6/97) 2. Hotels and Motels. Establishments offering lodging on a weekly or less than weekly basis. Motels may have kitchens in no more than 25 percent of guest units, and "suite" hotels may have kitchens in all units. This classification includes eating, drinking, and banquet service associated with the facility. (3334-6/97) FGHH. Warehouse and Sales Outlets. Businesses which store large inventories of goods in industrial-style buildings where these goods are not produced on the site but are offered to the public for sale. (3334-6/97) HHII. Quasi Residential legisdrft/OS zoning/chp 204 LD 9 0 0 1. Residential Hotels. Buildings with 6 or more guest rooms without kitchen facilities in individual rooms, or kitchen facilities for the exclusive use of guests, and which are intended for occupancy on a weekly or monthly basis. (3334-6/97) 2. Single Room Occupancy. Buildings designed as a residential hotel consisting of a cluster of guest units providing sleeping and living facilities in which sanitary facilities and cooking facilities are provided within each unit; tenancies are weekly or monthly. (3334-6/97) 3. Time-Share Facilities. A facility in which the purchaser receives the right in perpetuity, for life or for a term of years, to the recurrent exclusive use or occupancy of a lot, parcel, unit or segment of real property, annually or on some other periodic basis for a period of time that has been or will be allocated from the use or occupancy periods into which the plan has been divided. A time-share plan may be coupled with an estate in the real property or it may entail a license or contract and/or membership right of occupancy not coupled with an estate in the real property. (3334-6/97) 204.12 Industrial Use Classifications A. Industry, Custom. Establishments primarily engaged in on-site production of goods by hand manufacturing involving the use of hand tools and small-scale equipment. (3334-6/97) 1. Small-scale. Includes mechanical equipment not exceeding 2 horsepower or a single kiln not exceeding 8 kilowatts and the incidental direct sale to consumers of only those goods produced on- site. Typical uses include ceramic studios, candle-making shops, and custom jewelry manufacture. (3334-6/97) B. Industry, General. Manufacturing of products, primarily from extracted or raw materials, or bulk storage and handling of such products and materials. Uses in this classification typically involve a high incidence of truck or rail traffic, and/or outdoor storage of products, materials, equipment, or bulk fuel. This classification includes chemical manufacture or processing, food processing and packaging, laundry and dry cleaning plants, auto dismantling within an enclosed building, stonework and concrete products manufacture (excluding concrete ready-mix plants), small animal production and processing within an enclosed building, and power generation. (3334-6/97) C. Industry, Limited. Manufacturing of finished parts or products, primarily from previously prepared materials; and provision of industrial services, both within an enclosed building. This classification includes processing, fabrication, assembly, treatment, and packaging, but excludes basic industrial processing from raw materials and Vehicle/Equipment Services, but does allow food processing for human consumption. (3334-6i97) D. Industry, Research and Development. Establishments primarily engaged in the research, development, and controlled production of high-technology electronic, industrial or scientific products or commodities for sale, but prohibits uses that may be objectionable in the opinion of the Director, by reason of production of offensive odor, dust, noise, vibration, or in the legisdrft/05 zoning/chp 204 LD 10 opinion of the Fire Chief by reason of storage of hazardous materials. Uses include aerospace and biotechnology firms, and non-toxic computer component manufacturers. (3334-6/97) This classification also includes assembly, testing and repair of components, devices, equipment, systems, parts and components such as but not limited to the following: coils, tubes, semi-conductors; communication, navigation, guidance and control equipment; data processing equipment; filing and labeling machinery; glass edging and silvering equipment; graphics and art equipment; metering equipment; optical devices and equipment; photographic equipment; radar, infrared and ultraviolet equipment; radio and television equipment. (3334-6/97) This classification also includes the manufacture of components, devices, equipment, parts and systems which includes assembly, fabricating, plating and processing, testing and repair, such as but not limited to the following: machine and metal fabricating shops, model and spray painting shops, environmental test, including vibration analysis, cryogenics, and related functions, plating and processing shops, nuclear and radioisotope. (3334-6/97) This classification also includes research and development laboratories including biochemical and chemical development facilities for national welfare on land, sea, or air; and facilities for film and photography, metallurgy; pharmaceutical, and medical and x-ray research. (3334-6/97) E. Wholesaling, Distribution and Storage. Storage and distribution facilities without sales to the public on-site or direct public access except for recycling facilities and public storage in a small individual space exclusively and directly accessible to a specific tenant. This classification includes mini-warehouses. (3334-6/97) 204.14 Accessory Use Classifications Accessory Uses and Structures. Uses and structures that are incidental to the principal permitted or conditionally permitted use or structure on a site and are customarily found on the same site. This classification includes detached or attached garages, home occupations, caretakers' units, and dormitory type housing for industrial commercial workers employed on the site, and accessory dwelling units. (3334-6/97) 204.16 Temporary Use Classifications A. Animal Shows. Exhibitions of domestic or large animals for a maximum of seven days. (3334-6/97) B. Festivals, Circuses and Carnivals. Provision of games, eating and drinking facilities, live entertainment, animal exhibitions, or similar activities in a tent or other temporary structure for a maximum of seven days. This classification excludes events conducted in a permanent entertainment facility. (3334-6/97) (3521-2/02) C. Commercial Filming, Limited. Commercial motion picture or video photography at a specific location six or fewer days per quarter of a calendar year. (See also Chapter 5.54, Commercial Photography) (3334-6/97) legisdrft/05 zoning/chp 204 LD 11 0 0 D. Personal Property Sales. Sales of personal property by a resident ("garage sales") for a period not to exceed 48 consecutive hours and no more than once every six months. (3334-6/97) E. Real Estate Sales. An office for the marketing, sales, or rental of residential, commercial, or industrial development. This classification includes "model homes." (3334-6/97) F. Retail Sales, Outdoor. Retail sales of new merchandise on the site of a legally established retail business for a period not to exceed 96 consecutive hours (four days) no more than once every 3 months. (3334-6/97,3669-12/04) G. Seasonal Sales. Retail sales of seasonal products, including Christmas trees, Halloween pumpkins and strawberries. (3334-6/97) H. Street Fairs. Provision of games, eating and drinking facilities, live entertainment, or similar activities not requiring the use of roofed structures. (3334-6/97) I. Trade Fairs. Display and sale of goods or equipment related to a specific trade or industry for a maximum period of five days per year. (3334-6/97) J. Temporary Event. Those temporary activities located within the coastal zone that do not qualify for an exemption pursuant to Section 245.08. (3334- 6/97) K. Tent Event. Allows for the overflow of religious assembly for a period not to exceed 72 consecutive hours and not more than once every 3 months. (3521- 2/02) legisdrft/05 zoning/chp 204 LD 12 ATTACHMENT NO . 3 II' ORDINANCE NO. LEGISLATIVE DRAFT Chapter 212 I Industrial Des,its r . (3254-10/94, 3378-2/98, 3523-2/02,3568-9/02) Sections: 212.02 Industrial Districts Established 212.04 IG and IL Districts: Land Use Controls 212.06 IG and IL Districts: Development Standards 212.08 Review of Plans 212.02 Industrial Districts Established (3254-10/94) Two (2) industrial zoning districts are established by this chapter as follows: (3254-10/94) A. The IG General Industrial District provides sites for the full range of manufacturing, industrial processing, resource and energy production, general service, and distribution. (3254-10/94) B. The IL Limited Industrial District provides sites for moderate- to low-intensity industrial uses, commercial services and light manufacturing. (3254-10/94) 212.04 IG and IL Districts: Land Use Controls (3254-10/94) In the following schedules, letter designations are used as follows: (3254-10/94) "P" designates use classifications permitted in the I districts. (3254-10/94) "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" which follow. (3254-10/94) "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. (3254-10/94) VA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. (3254-10/94) "TU" designates use classifications allowed upon approval of a temporary use permit by the Zoning Administrator. (3254-10/94) "P/U" for an accessory use means that the use is permitted on the site of a permitted use, but requires a conditional use permit on the site of a conditional use. (3254-10/94) Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to requirements following the schedule or located elsewhere in this ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. (3254-10/94) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 212-1 9/02 Ic.isdrft/05zoning chp 212 LD/3/4/05 1 IG AND IL P - Permitted DISTRICTS: L - Limited (see Additional Provisions) LAND USE PC - Conditional use permit approved by Planning Commission CONTROLS ZA - Conditional use permit approved by Zoning Administrator TU - Temporary Use Permit P/U - Requires conditional use permit on site of conditional use Not Permitted Additional IG IL Provisions Residential Group Residential PC PC (J) Public and Semipublic (A)(M) Community and Human Service Facilities PC PC (L) Day Care, General ZA ZA (3523-2/02) Heliports Maintenance & Service Facilities PC PC (0) Public Safety Facilities P P Religious Assembly L-10 L-10 Schools, Public or Private L-6 L-6 � Utilities, Major PC PC Utilities, Minor L-7 L-7 (P) Commercial Uses (D)(M) Ambulance Services ZA ZA Animal Sales and Services Animal Boarding ZA ZA (3523-2/02) Animal Hospitals ZA ZA (3523-2/02) Artists' Studios P P Banks and Savings and Loans L-1 L-1 Building Materials and Services P P Catering Services - P Commercial Filming ZA ZA Commercial Recreation and Entertainment L-2 L-2 Communication Facilities L-12 L-12 (3568-9/02) Eating & Drinking Establishments L-3 L-3 w/Live Entertainment ZA ZA (S)(U)(3523-2/02) Food& Beverage Sales ZA ZA (3523-2/02) Hospitals and Medical Clinics - PC Laboratories P P Maintenance & Repair Services P P Marine Sales and Services P P Medical Marijuana Dispensary P P (L-13) Nurseries P P Offices, Business& Professional L-1 L-1 (H) Huntington Beach Zoning and Subdivision Ordinance Icgisdrft/0zoning clip 212 LD/3/4/05 2 Chapter 212 212-2 09/02 IG AND IL P - Permitted DISTRICTS: L - Limited (see Additional Provisions) LAND USE PC - Conditional use permit approved by Planning Commission CONTROLS ZA - Conditional use permit approved by Zoning Administrator TU - Temporary Use Permit P/U - Requires conditional use permit on site of conditional use Not Permitted Additional IG IL Provisions Personal Enrichment L-9 L-9 (U) (3523-2/02) Personal Services L-1 L-1 Research & Development Services P P Sex Oriented Businesses L-11 L-11 (3378-2/98) (regulated by HBMC Chapter 5.70) (3378-2/98) Sex Oriented Businesses PC PC (R) (3378-2/98) (regulated by HBMC Chapters 5.24 & 5.60) (3378-2/98) Swap Meets, Indoor/Flea Markets PC PC (Q) Vehicle/Equipment Sales & Services Service Stations L-4 L-4 Vehicle/Equipment Repair P P Vehicle/Equip. Sales/Rentals L-5 L-5 Vehicle Storage P ZA (I) Visitor Accommodations PC PC (K) Warehouse and Sales Outlets L-8 L-8 Industrial (See Chapter 204) (B)(M)(N) Industry, Custom P P Industry, General P P Industry, Limited P P Industry, R& D P P Wholesaling, Distribution & Storage P P Accessory Uses Accessory Uses and Structures P/U P/U (C) Temporary Uses Commercial Filming, Limited P P (T) (3523-2/02) Real Estate Sales TU TU (3523-2/02) Trade Fairs TU TU (E) Nonconforming Uses (F) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 212-3 2/02 lesisdrft/05zonins clip 212 LD/3/4/05 3 0 0 IG AND IL Districts: Additional Provisions L-1 Only allowed upon approval of a conditional use permit by the Planning Commission for a mixed use project, subject to the following requirements: (3254-10/94) Minimum site area: 3 acres (3254-10/94) Maximum commercial space: 35 percent of the gross floor area and 50 percent of the ground floor area of buildings fronting on an arterial highway. (3254-10/94) Phased development: 25 percent of the initial phase must be designed for industrial occupancy. For projects over 500,000 square feet, the initial phase must include 5 percent of the total amount of industrial space or 50,000 square feet of industrial space, whichever is greater. (3254-10/94) L-2 Allowed upon approval of a conditional use permit by the Planning Commission when designed and oriented for principal use by employees of the surrounding industrial development or when designed for general public use, after considering vehicular access and parking requirements. (3254-10/94) L-3 Allowed upon approval of a conditional use permit by the Zoning Administrator when in a free-standing structure or as a secondary use in a building provided that no more than 20 percent of the floor area is occupied by such a use. (3254-10/94, 3523-2/02) L-4 Only stations offering services primarily oriented to businesses located in an I District are allowed with a conditional use permit by the Planning Commission. (3254-10/94) L-5 No new or used automobile, truck or motorcycle retail sales are permitted. (3254-10/94) L-6 Only schools offering higher education curriculums are allowed with conditional use permit approval by the Planning Commission. No day care, elementary or secondary schools are permitted. (3254-10/94) L-7 Recycling Operations as an accessory use are permitted; recycling operations as a primary use are allowed upon approval of a conditional use permit by the Planning Commission. (3254- 10/94) L-8 Allowed upon conditional use permit approval by the Planning Commission when a single building with a minimum area of 100,000 square feet is proposed on a site fronting an arterial. The primary tenant shall occupy a minimum 95% of the floor area and the remaining 5% may be occupied by secondary tenants. (3254-10/94) L-9 Permitted if the space is 2,500 square feet or less; allowed by conditional use permit approval by the Zoning Administrator if the space is over 2,500 square feet. (3254-10/94,3523-2/02) Huntington Beach Zoning and Subdivision Ordinance Iceisdrft/05zonina chp 212 LD/3/4/05 4 0 0 Chapter 212 212-4 2/02 IG AND IL Districts: Additional Provisions(continued) L-10 Allowed by conditional use permit approval by the Zoning Administrator for a period of time not to exceed five (5) years. (3254-10/94,3523-2/02) L-11 Allowed subject to the following requirements: (3378-2/98) A. A proposed sex oriented business shall be at least five hundred feet (500') from any residential use, school, park and recreational facility, or any building used for religious assembly(collectively referred to as a "sensitive use") and at least seven hundred fifty feet (750') from another sex oriented business. For purposes of these requirements, all distances shall be measured from the lot line of the proposed sex oriented business to the lot line of the sensitive use or the other sex oriented business. The term "residential use" means any property zoned RL, RM, RMH, RH, RMP, and any properties with equivalent designations under any specific plan. (3378-2/98) To determine such distances the applicant shall submit for review a straight line drawing depicting the distances from the lot line of the parcel of land on which the sex oriented business is proposed which includes all the proposed parking and: (3378- 2/98) 1. the lot line of any other sex oriented business within seven hundred fifty feet (750') of the lot line of the proposed sex oriented business; and (3378-2/98) 2. the lot line of any building used for religious assembly, school, or park and recreational facility within five hundred (500') feet of the lot line of the proposed sex oriented business; and (3378-2/98) 3. the lot line of any parcel of land zoned RL, RM, RMH, RE, and RMP and any parcels of land with equivalent designations under any specific plans within five hundred feet (500') of the lot line of the proposed sex oriented business. (3378-2/98) B. The front facade of the building, including the entrance and signage, shall not be visible from any major, primary or secondary arterial street as designated by the Circulation Element of the General Plan adopted May, 1996, with the exception of Argosy Drive. (3378-2/98) C. Prior to or concurrently with applying for a building permit and/or a certificate of occupancy for the building, the applicant shall submit application for Planning Department Staff Review of a sex oriented business zoning permit with the drawing described in subsection A, a technical site plan, floor plans and building elevations, and application fee. Within ten (10) days of submittal, the Director shall determine if the application is complete. If the application is deemed incomplete, the applicant may resubmit a completed application within ten (10) days. Within thirty days of receipt of a completed application, the Director shall determine if the application complies with the applicable development and performance standards of the leLisdrft/05zoning chp 212 LD/3/4/05 5 Huntington Beach Zoning and Subdivision Ordinance Chapter 212 212-5 2/02 IG AND IL Districts: Additional Provisions(continued) Huntington Beach Zoning and Subdivision Ordinance. Said standards include but are not limited to the following: (3378-2/98) 1. Chapter 203, Definitions; Chapter 212, Industrial Districts; Chapter 230, Site Standards; Chapter 231, Off-Street Parking & Loading Provisions; Chapter 232, Landscape Improvements; and Chapter 236,Nonconforming Uses and Structures. (3378-2/98) 2. Chapter 233.08(b), Signs. Signage shall conform to the standards of the Huntington Beach Zoning and Subdivision Ordinance Code except a. that such signs shall contain no suggestive or graphic language, photographs, silhouettes, drawings, statues, monuments, sign shapes or sign projections, or other graphic representations, whether clothed or unclothed, including without limitation representations that depict "specified anatomical areas" or "specified sexual activities"; and (3378- 2/98) b. only the smallest of the signs permitted under Chapter 233.08(b) shall be visible from any major, primary or secondary arterial street, such streets shall be those designated in the Circulation Element of the General Plan adopted May, 1996, with the exception of Argosy Drive. 3. Compliance with Huntington Beach Municipal Code Chapter 5.70. (3378-2/98) D. The Director shall grant or deny the application for a sex oriented business zoning permit for a sex oriented business. There shall be no administrative appeal from the granting or denial of a permit application thereby permitting the applicant to obtain prompt judicial review. (3378-2/98) E. Ten (10) working days prior to submittal of an application for a sex oriented business zoning permit for Staff Review, the applicant shall: (i) cause notice of the application to be printed in a newspaper of general circulation; and (11) give mailed notice of the application to property owners within one thousand (1000') feet of the proposed location of the sex oriented business; and the City of Huntington Beach, Department of Community Development by first class mail. (3378-2/98) The notice of application shall include the following: (3378-2/98) 1. Name of applicant; (3378-2/98) 2. Location of proposed sex oriented business, including street address (if known) and/or lot and tract number; (3378-2/98) legisdrft/05zoning chp 212 LD/3/4/0> 6 Huntington Beach Zoning and Subdivision Ordinance Chapter 212 212-6 2/98 IG AND IL Districts: Additional Provisions(continued) 3. Nature of the sex oriented business, including maximum height and square footage of the proposed development; (3378-2/98) 4. The City Hall telephone number for the Department of Community Development to call for viewing plans; (3378-2/98) 5. The date by which any comments must be received in writing by the Department of Community Development. This date shall be ten (10) working days from staff review submittal; and (3378-2/98) 6. The address of the Department of Community Development. (3378-2/98) F. A sex oriented business may not apply for a variance pursuant to Chapter 241 nor a special sign permit pursuant to Chapter 233. (3378-2/98) G. A sex oriented business zoning permit shall become null and void one year after its date of approval unless: (3378-2/98) 1. Construction has commenced or a Certificate of Occupancy has been issued, whichever comes first; or (3378-2/98) 2. The use is established. (3378-2/98) H. The validity of a sex oriented business zoning permit shall not be affected by changes in ownership or proprietorship provided that the new owner or proprietor promptly notifies the Director of the transfer. (3378-2/98) I. A sex oriented business zoning permit shall lapse if the exercise of rights granted by it is discontinued for 12 consecutive months. (3378-2/98) L-12 For wireless communication facilities see section 230.96 Wireless Communication Facilities. All other communication facilities permitted. (3568-9/02) (A) Limited to facilities on sites of 2 acres or less. (3254-10/94) (13) A conditional use permit from the Zoning Administrator is required for any new use or enlargement of an existing use, or exterior alterations and additions for an existing use located within 150 feet of an R district. The Director may waive this requirement if there is no substantial change in the character of the use which would affect adjacent residential property in an R District. (3254-10/94) (C) Accessory office uses incidental to a primary industrial use are limited to 10 percent of the floor area of the primary industrial use. (3254-10/94) (Rest of page not used) legisdrft/05zoning clip 212 LD/3/4/05 7 i • Huntington Beach Zoning and Subdivision Ordinance Chapter 212 212-7 9/02 IG AND IL Districts: Additional Provisions(continued) (D) Adjunct office and commercial space, not to exceed 25 percent of the floor area of the primary industrial use, is allowed with a conditional use permit from the Zoning Administrator, provided that it is intended primarily to serve employees of the industrial use, no exterior signs advertise the adjunct use, the adjunct use is physically separated from the primary industrial use, any retail sales are limited to goods manufactured on-site, and the primary industrial fronts on an arterial. (3254-10/94) (E) See Section 241.22: Temporary Use Permits. (3254-10/94) (F) See Chapter 236: Nonconforming Uses and Structures. (3254-10/94) (H) Medical/dental offices, insurance brokerage offices, and real estate brokerage offices, except for on-site leasing offices, are not permitted in any I District. (3254-10/94) Administrative, management, regional or headquarters offices for any permitted industrial use, which are not intended to serve the public, require a conditional use permit from the Zoning Administrator to occupy more than 10 percent of the total amount of space on the site of the industrial use. (3254-10/94) (I) Automobile dismantling, storage and/or impound yards may be permitted subject to the approval of a conditional use permit by the Planning Commission and the following criteria: (3254-10/94) (a) The site shall not be located within 660 feet of an R district. (3254-10/94) (b) All special metal cutting and compacting equipment shall be completely screened from view. (3254-10/94) (c) Storage yards shall be enclosed by a solid 6-inch concrete block or masonry wall not less than 6 feet in height and set back a minimum 10 feet from abutting streets with the entire setback area permanently landscaped and maintained. (3254-10/94) (d) Items stacked in the storage yard shall not exceed the height of the screening walls or be visible from adjacent public streets. (3254-10/94) (J) Limited to facilities serving workers employed on-site. (3254-10/94) (K) See Section 230.46: Single Room Occupancy. (3254-10/94) (L) Limited to Emergency Shelters. (3254-10/94) (M) Development of vacant land and/or additions of 10,000 square feet or more in floor area; or additions equal to or greater than 50% of the existing building's floor area; or additions to buildings on sites located within 300 feet of a residential zone or use for a permitted use requires approval of a conditional use permit from the Zoning Administrator. The Planning Director may refer any proposed addition to the Zoning Administrator if the proposed lesisdrft/05zonina chp 212 I-D/3/4/05 8 addition has the potential to impact residents or tenants in the vicinity(e.g., increased noise, traffic). (3254-10/94, 3523-2/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 212-8 02/02 legisdrft/05zoning chp 212 LD/3/4/05 9 0 • IG AND IL Districts: Additional Provisions(continued) (N) Major outdoor operations require conditional use permit approval by the Planning Commission. Major outside operations include storage yards and uses utilizing more than 1/3 of the site for outdoor operation. (3254-10/94) (0) See Section 230.40: Helicopter Takeoff and Landing Areas. (3254-10/94) (P) See Section 230.44: Recycling Operations. (3254-10/94) (Q) See Section 230.50: Indoor Swap Meets/Flea Markets (3254-10/94) (R) See L-11(A) relating to locational restrictions. (3254-10/94, 3378-2/98) (S) Non-amplified live entertainment greater than 300 feet from a residential zone or use shall be permitted without a conditional use permit. (3523-2/02) (T) Subject to approval by the Police Department, Public Works Department, and Fire Department and the Planning Director. (3523-2/02) (U) Limited notification requirements when no entitlement required. (3523-2/02) 1. Ten (10) working days prior to submittal for a building permit or certificate of occupancy, applicant shall notice adjacent property owners and tenants by first class mail. (3523-2/02) 2. Notice of application shall include the following: (3523-2/02) a. Name of applicant. (3523-2/02) b. Location of planned development or use, including address. (3523-2/02) C. Nature of the proposed development shall be fully disclosed in the notice. (3523-2/02) d. Planning Department phone number and address of City Hall shall be provided in the notice to call for viewing plans. (3523-2/02) e. The date by which any comments must be received in writing by the Planning Department and City appeal procedures. (3523-2/02) f. Planning Department shall receive entire list including name and address of those receiving the mailing. (3523-2/02) L-13 Allowed subject to the following requirements: A. A proposed medical marijuana dispensary shall be at least five hundred feet (500') from any residential use, school, park and recreational facility, or any building used for religious assembly (collectively referred to as a sensitive use") and at least seven hundred fifty feet (750') from another medical marijuana dispensary. For purposes of these requirements, all distances shall be measured from the lot line of the proposed medical marijuana dispensary to the lot line of the sensitive use or the other medical marijuana dispensarW The term "residential use" means any property zoned RL, RMH, RH, RMP, and any properties with equivalent designations under any specific plan. Icgiscirft/05zoning clip 212 LD/3/4M 10 To determine such distances the applicant shall submit for review a straight line drawing depicting the distances from the lot line of the parcel of land on which the medical marijuana dispensary is proposed which includes all the proposed parking and: 1. the lot line of an other medical marijuana dispensary within seven hundred fifty feet (750') of the lot line ofthe medical marijuana dispensary; and 2. the lot line of any building used for religious assembly, school, or park and recreational facility within five hundred (500') feet of the lot line of the medical marijuana dispensary; and 3. the lot line of any parcel of land zoned RL, RM, RMH, RH, and RMP and any parcels of land with equivalent desi nations under any specific plans within five hundred feet (500' of the lot line of the proposed medical marijuana dispensary. B. Prior to or concurrently with applying for a building permit and/or a certificate of occupancy for the building, the applicant shall submit application for Planning Department Staff Review of a medical marijuana dispensary zoning permit with the drawing described in subsection A, a technical site plan, floor plans and building elevations, and application fee. Within ten (10) days of submittal, the Director shall determine if the application is complete. If the application is deemed incomplete, the applicant may resubmit a completed application within ten (10) days. Within thirty days of receipt of a completed application, the Director shall determine if the application complies with the applicable development and serformance standards of the Huntington Beach Zoning and ubdivision Ordinance. Said standards include but are not limited to the following: Chapter 203, Definitions; Chapter 212, Industrial Districts; Chapter 230, Site Standards; Chapter 231, Off-Street Parking & Loading Provisions; Chapter 232, Landscape Improvements; and Chapter 236, Nonconforming Uses and Structures. C. The Director shall grant or deny the application for a medical marijuana dispensary zoning permit for a medical marijuana dispensary. There shall be no administrative appeal from the granting or denial of a permit application thereby permitting the applicant to obtain prompt judicial review. D. A medical marijuana dispensary may not apply for a variance pursuant to Chapter 241 nor a special sign permit pursuant to Chapter 233. E. A medical marijuana dispensary zoning permit shall become null and void one year after its date of approval unless: 1. Construction has commenced or a Certificate of Occupancy has been issued, whichever comes first; or 2. The use is established. legisdrft/05zonine chp 212 LD/3/14/05 1 1 i 0 F. The validity of a medical marijuana dispensary zoning permit shall not be affected by changes in ownership or proprietorship provided that the new owner or proprietor promptly notifies the Director of the transfer. G. A medical marijuana dispensary zoning permit shall lapse if the exercise of rights granted by it is discontinued for 12 consecutive months. 212.06 IG AND IL Districts: Development Standards The following schedule prescribes development standards for the I Districts. The first two columns prescribe basic requirements for permitted and conditional uses in each district. Letters in parentheses in the "Additional Requirements" column reference requirements following the schedule or located elsewhere in this ordinance. In calculating the maximum gross floor area as defined in Chapter 203, the floor area ratio is calculated on the basis of net site area. Fractional numbers shall be rounded down to the nearest whole number. All required setbacks shall be measured from ultimate right-of-way and in accordance with definitions set forth in Chapter 203, Definitions. (3254- 10/94) Additional IG IL Requirements Residential Development (M) Nonresidential Development Minimum Lot Area (sq. ft.) 20,000 20,000 (A)(B)(N) Minimum Lot Width (ft.) 100 100 (A)(B) Minimum Setbacks (A)(C) Front (ft.) 10;20 10;20 (D) Side (ft.) - 15 (E)(F) Street Side (ft.) 10 10 Rear (ft.) - - (E) Maximum Height of Structures (ft.) 40 40 (G) Maximum Floor Area Ratio (FAR) 0.75 0.75 Minimum Site Landscaping (%) 8 8 (H)(I) Fences and Walls See Section 230.88 Off-Street Parking and Loading See Chapter 231 (J) Outdoor Facilities See Section 230.74 IegisdrR/05zonins chp 212 LD/3/14/05 12 IG AND IL Districts: Development Standards(continued) Additional IG IL Requirements Screening of Mechanical Equipment See Section 230.76 (K) Refuse Storage Area See Section 230.78 Underground Utilities See Chapter 17.64 Performance Standards See Section 230.82 (L) Nonconforming Uses and Structures See Chapter 236 Signs See Chapter 233 IG AND IL Districts: Additional Development Standards (A) See Section 230.62: Building Site Required and Section 230.64: Development on Substandard Lots. (3254-10/94) (B) Smaller lot dimensions for new parcels may be permitted by the Zoning Administrator with an approved development plan and tentative subdivision map. (3254-10/94) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 212-10 10/94 legisdrft/05zoning chp 212 LD/3/4/05 13 IG AND IL Districts: Additional Development Standards (continued) (C) See Section 230.68: Building Projections into Yards and Required Open Space. Double- frontage lots shall provide front yards on each frontage. (3254-10/94) (D) The minimum front setback shall 10 feet and the average setback 20 feet, except for parcels fronting on local streets where only a 10 foot setback is required. (3254-10/94) All I Districts: An additional setback is required for buildings exceeding 25 feet in height (1 foot for each foot of height) and for buildings exceeding 150 feet in length (1 foot for each 10 feet of building length) up to a maximum setback of 30 feet. (3254-10/94) (E) In all I districts, a 15-foot setback is required abutting an R district and no openings in buildings within 45 feet of an R district. (3254-10/94) (F) A zero-side yard setback may be permitted in the I districts, but not abutting an R district, provided that a solid wall at the property line is constructed of maintenance-free masonry material and the opposite side yard is a minimum of 30 feet. (3254-10/94) Exception. The Zoning Administrator or Planning Commission may approve a conditional use permit to allow a 15-foot interior side yards opposite a zero-side yard on one lot, if an abutting side yard at least 15 feet wide is provided and access easements are recorded ensuring a minimum 30-foot separation between buildings. This 30-foot accessway must be maintained free of obstructions and open to the sky, and no opening for truck loading or unloading shall be permitted in the building face fronting on the accessway unless a 45-foot long striped areas is provided solely for loading and unloading entirely within the building. (3254-10/94) (G) See Section 230.70: Measurement of Height. Within 45 feet of an R district, no building or structure shall exceed a height of 18 feet. (3254-10/94) (H) Planting Areas. Required front and street-side yards adjacent to a public right-of-way shall be planting areas except for necessary drives and walks. A 6-foot wide planting area shall be provided adjacent to an R district and contain one tree for each 25 lineal feet of planting area. (3254-10/94) (I) See Chapter 232: Landscape Improvements. (3254-10/94) (J) Truck or rail loading, dock facilities, and the doors for such facilities shall not be visible from or be located within 45 feet of an R district. (3254-10/94) (K) See Section 230.80: Antennae. (3254-10/94) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 212-11 10/94 legiscirlt/05zonino clip 212 LD/3/4/05 14 IG AND IL Districts: Additional Development Standards (continued) (L) Noise. No new use shall be permitted, or exterior alterations and/or additions to an existing use allowed, within 150 feet of an R district until a report prepared by a California state- licensed acoustical engineer is approved by the Director. This report shall include recommended noise mitigation measures for the industrial use to ensure that noise levels will conform with Chapter 8.40 of the Municipal Code. The Director may waive this requirement for change of use or addition or exterior alteration to an existing use if it can be established that there had been no previous noise offense, that no outside activities will take place, or if adequate noise mitigation measures for the development are provided. (3254-10/94) (M) Group residential or accessory residential uses shall be subject to standards for minimum setbacks and height of the RH District. (3254-10/94) 212.08 Review of Plans All applications for new construction and exterior alterations and additions shall be submitted to the Community Development Department for review. Discretionary review shall be required as follows: (3254-10/94) A. Zoning Administrator Review. Projects requiring a conditional use permit from the Zoning Administrator; projects including a zero-side yard exception; projects on substandard lots. (3254-10/94) B. Desivn Review Board. Projects within redevelopment project areas and areas within 500 feet of a PS district; see Chapter 244. (3254-10/94) C. Planning Commission. Projects requiring a conditional use permit from the Commission. (3254-10/94) D. Projects in the Coastal Zone. A Coastal Development Permit is required unless the project is exempt; see Chapter 245. (3254-10/94) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 212-12 10/94 IcsisdriU05zoning chp 212 I-D/3/4/05 15 ATTACHMENT NO . 4 Available Industrial SOB Sites - 500 ft from Sensitive UsesFlu - - South of Bolsa Ave ' SOLSA AV B049 AV rmeet•s ..... j ........ nmaeu Aft('.OS — i^ f .J I o q i . _ I , , am 'i :I f_.. ...- i 1 I f inch=300feet AwulabteWhokPazM.OaWdcSe lOwUte9effwAmu ParcelLl— Q SetecttdP—%fOr Madmum Numbs WS085ito Awilable 509 Site 8-.dary fat 1east$00 R f.am 5-vfix Usnl be"�--""' ='-�•^' October 31,1997 90enAmundSe1ectedvarn4rlat1eaat750(tframalber508s) tvaucwotus6erAaritEvr suafcfry cis S. swrerwm"d theaa2mem Nlih s<nml sate i �x Available Industrial SOB Sites 500 ft from Sensitive Uses , >..- East of Gothard Ave - KILT KLEY I I$t.A7ER AV 3LAT8R AV l_,I I � ---- ------ IU En f-- __—_ 1 I I - 1 o i - I : 1I { TALBERT AV I • I I 1 ESSFX OR I I I I w Ii I I inch=200 feet vt-Et u—El w SNetked PRrteIE kr.RtaRlmum Nombv of SOD SIEn Arvllable SOD Ske 9wn4ry(At 3mE SOD N from SemlDve UEtl) FVRI.7C WORKS DTPARiMERf October 31,1997 © BuNenArou d SRIe ted Purab W IpW J50 k jromoEhn 5pRE1 5WOTY-en PRrteb Mj�eenE towrtvSdoa Rdways R A ROUTING SHEET INITIATING DEPARTMENT: City Attorney SUBJECT: Amend the Zoning and Subdivision Ordinance to include medicainari'uana dispensaries COUNCIL MEETING DATE: March 21 , 2005 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ _ Not Applicable Attached ❑ Contract/Agreement (w/exhibits if applicable) Not Applicable (Signed in full by the City Attorney) ❑ Subleases, Third Party Agreements, etc. AttachedNot Applicable (Approved as to form by City Attorney) Certificates of Insurance (Approved y roved b the City y)Attome Attached ❑ Not Applicable hed El Impact Statement (Unbudget, over $5,000) Not Attac Applicable Bonds (If applicable) Attached ElNot A licable Staff Report (If applicable) Attached ElNot Ap licable Commission, Board or Committee Re ort alicable If Attached ❑ p ( pp ) Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ pp Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORVYAR,, DED Administrative Staff ( ) ( v ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) City Clerk V, j EXPLANATION FOR RETURN OF fTEM: (Below • . For • �EY ha RCA Author: Sutton Available Adical Marijuana Dispebary Sites - 500 ft from Sensitive Uses South of Bolsa Ave. r 7{ Bolsa Ave. Bol Ave. a 3 �j S J os Ave. � L ILO O m (7 e a a .. ........ ................. n d g l_LJ_LJ_1_1_l_U �� c Fa dden v Mc Fa Ave. canL C,,. 3-7 —LLLLLJ sore J U 5yy 3 E (� mango Cm 3 � � � � a `a 5 o �o s u � syaiv or Edin er Av Edin er Ave. N Parcel Lines This map is a digital GIS reproduction p at the request of the City Attorney's w , E Office,of an October 31, 1997 original Selected Parcels for Maximum Number of map in PDF format submitted by the Medical Marijuana Dispensary Sites City Attorney's Office. All spatial criteria, Buffer Around Selected Parcels buffering,and resultant information depicted on this reproduction was S (at least 750 ft from Dispensary Sites) determined prior to the formation of the o 250 500 1,000 Parcels Adjacent to Arterial Roadways City's current GIS program which was formed in December, 1998. Feet L A]j- /� /M,M � p I L /� f --f' 1—I C.- ,V fi, ' l t� V�CdiT��C1 ; Available Aledical rY e Marijuana Dis a Sites - p 500 ft from Sensitive Uses East of Gothard St. o U U N Y Barton D,. U FTM O Ford Dr. U y NI(im�Hrod Dr. Sunbreeze Dr. Wagon or.. 3 O Y V 3�m Ulu Slater Ave. Slater Ave. i? surton Dr. Speer Ave. Re nolds Or. S � U Ebert Ave. E N IL LBelva Dr. LJ Newman Ave. WootlWintl Dr. TMFTMTTTfl1 W-aIdRd 3 E Windfield Dr. U V U _ m Talbert Ave. s Vvincent _ 10 H Dr.g ?atK'�e e Prodan Dr. N Parcel Lines This map is a digital GIS reproduction o at the request of the City Attorney's W 2 Office,of an October 31, 1997 original d E Selected Parcels for Maximum Number of map in PDF format submitted by the Medical Marijuana Dispensary Sites City Attorney's Office. All spatial criteria, Buffer Around Selected Parcels buffering,and resultant information depicted on this reproduction was S (at least 750 ft from Dispensary Sites) determined prior to the formation of the 0 250 500 City's current GIS program which was Feet formed in December, 1998. CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH Joan L. Flynn, City Clerk Office of the City Clerk Dale Jones, Senior Deputy City Clerk To: Date Meeting Date: Agenda Item: Q C t Proposed City Council Agenda Items: The City Clerk's Office/City Administrator's Office must return your agenda item due to the following requirements that have not been met. When your Agenda Item is ready to resubmit,please return to: Elaine Kuhnke, Management Assistant, Administration I. Signature(s)Needed A On RCA B On Agreement C Other 2. Attachments A Missing B Not identified C Other 3. Exhibits A Missing B Not identified C Other 4. Insurance Certificate(Proof Of Insurance) A Not attached B Not approved by City Attorney's Office C Signed form notifying City Clerk that department will be responsible for obtaining insurance certificate on this item.(See form attached) 5. Wording On Request For Council Action(RCA)Unclear A Recommended Action on RCA not complete B Clarification needed on RCA C Other 6. City Attorney Approval Required 7. Agreement Needs To Be Changed A Page No. 8. Other G:a9enda/mfsdncafonn H. B. INDEPENDENT PUBLISH DATE: 3/31/05 CITY OF HUNTINGTON BEACH LEGAL NOTICE ORDINANCE NO. 3703 Adopted by the City Council on MARCH 21, 2005 "AN EMERGENCY ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 204 (USE CLASSIFICATIONS) AND CHAPTER 212 (INDUSTRIAL DISTRICTS) OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TO INCLUDE MEDICAL MARIJUANA DISPENSARIES" SYNOPSIS: AFTER CONSIDERING THE MATTER AND THE INTENT OF THE CALIFORNIA VOTERS IN ENACTING PROPOSITION 215, THE COMPASSIONATE USE ACT, THE CITY COUNCIL DIRECTED STAFF TO PREPARE AN ORDINANCE REGULATING THE ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES. ITS PURPOSE IS TO ASSURE THAT DISPENSARIES PERMITTED UNDER PROPOSITION 215 COULD BE LEGALLY ESTABLISHED IN HUNTINGTON BEACH, WHILE AT THE SAME TIME REGULATING THEM SO AS TO ENSURE THAT THEY WOULD NOT BE INCOMPATIBLE WITH NEARBY USES. THE GENERAL PURPOSE OF THE ORDINANCE REMAINS TO REGULATE PERMITTING OF MEDICAL MARIJUANA DISPENSARIES SO AS TO MINIMIZE ADVERSE IMPACTS ON THE SURROUNDING COMMUNITY. THIS PURPOSE IS AND MUST BE TEMPERED WITH COMPASSION AND CONCERN FOR THE PATIENTS WHO USE THESE FACILITIES. COPIES OF THIS ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held March 21, 2005 by the following roll call vote: AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook NOES: None ABSENT: None Pursuant to California Government Code Section 65858 (a) and Huntington Beach City Charter Section 501, this ordinance shall become effective immediately. CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 714-536-5227 JOAN L. FLYNN, CITY CLERK PROOF OF PUBLICATION -CITYOF HUNTINGTONBEACH M IN TON BEACH l 2000 MAIN STREET LEGAL NOTICE I HUNTINGTON BEACH, CA 92648 ORDINANCE N0.,3703 r14-s36-5227 Adopted by the City,(ouncil JOAN'L="FLY"N,CITY CLERK: STATE OF CALIFORNIA) onMMERG ,200s ' Published Huntington `"AN EMERGENCY OR- Beach Independent DINANCE OF THE CIT March 31,2005 034-620 ) ss. OF HUNTINGTON BEACH-- COUNTY OF ORANGE ) AMENDING CHAPTER 2 04 (USE CLASSIFICATIONS)' AND CHAPTER,212` (INDUSTRIAL:DISTRICTS) OF,- THE"HUNTINGTON BEACH .ZONING AND! am a Citizen of the United States and a SUBDIVISION ORDI- NANCE TO: INCLUDE resident of the County aforesaid, I am MEDICAL MARIJUANA. DISPENSARIES" over the age of eighteen years, and not a SYNOPSIS: AFTER:'.CONSIDERING, party to or interested in the below entitled TN NT TER AND THE INTENT' `OE THE CALI- FORNIA.VOTERS IN matter. I am a principal clerk of the ENACTING PROPOSI- HUNTINGTON BEACH INDEPENDENT, PION 215, THE COM-` PASSIONATE USE ACT, THE CITY 'COUNCIL a newspaper of general circulation DIRECTED ''STAFF TO � PREPARE. AN..ORD1- printed and published in the City of NANCE REGULATING THE ESTABLISHMENT AND OPERATION OF Huntington Beach, County of Orange, MEDICAL MARIJUANA' DISPENSARIES, ITS State of California, and that attached PURPOSE TO ASSURE Notice is a true and complete copy as THAT DISPENSARIES', ' PERMITTED ,UNDER? PROPOSITION .215' was printed and published in the COULD BE IN HU Y1 `ESTABLISHED' IN HUN- Huntington Beach issue of said WHILE AN BEACH, . WHILE AT,THE SAME TIME REGULATING newspaper to wit the Issue(s) of: THEM SO AS..TO EN- SURE THAT THEY WOULD NOT BE IN- COMPATIBLE WITH NEARBY USES. . THE GENERAL PUR-` POSE OF THE ORDI-. NANCE REMAINS TO REGULATE PERMITTING MARCH 31,2005 OF MEDICAL •MARk JUANA DISPENSARIES SO AS- TO MINIMIZE ADVERSE IMPACTS ON THE SURROUNDING COMMUNITY.. THIS PURPOSE IS AND MUST. BE TEMPERED. WITH COMPASSION AND` I declare, under penalty of perjury, that CONCERN FOR THE, PATIENTS" WHO USE, THESE FACILITIES. the foregoing is true and correct. COPIES OF THIS OR- DINANCE ARE AVAIL- ABLE IN THE CITY CLERK'S OFFICE. "PASSED AND.ADOPTED Executed on MARCH<31,2005 by tC tyCity CouncilHuntington f at Costa Mesa California. Beach at regular � 'meeting held March.21, 2005 by the following roll call vote: AYES: Hansen,. Coer- per, Sullivan, Hardy, Green,Bohr,Cook NOES:None Signature ABSENT:None :7 Pursuant to Califor- nia Government Code Section 65858 (a)-and- Huntington Beach City Charter Section 501, this' ordinance shall become effective im-1 I,mediately. CITY OF �C r cz PROOF OF PUBLICATION (ITY OF HUNTINGTON BEACH LEGAL NOTICE ' STATE OF CALIFORNIA) ORDINAN(E NO.3700 Adopted by the(ity(ouncil ) s s. on FEBRUARY 22,2005 COUNTY OF ORANGE ) OF INTERIM ORDINANCE OF THE CITY.OF HUN- TINGTON BEACH IM- 'POSING A MORATORIUM ON MEDICAL MARIJUANA am a Citizen of the United States and a SYNOPS SRIES" SINCE THE PASSAGE OF resident of the County aforesaid; I am PROPOSITION 215 over the age of eighteen years, and not a WHICH ALLOWS "THE USE OF MARIJUANA FO MEDICAL PUR- Rto or interested in the below entitled POSES AND-MARIJUANA POSSES- party SION ,OF. MARIJUANA BY OF matter. I am a principal clerk of the SERIOUSLY ILLKERS PERSONS HUNTINGTON BEACH INDEPENDENT, WHO USE MARIJUANA, SO-GALLED MEDICAL MARIJUANA DISPEN-. a newspaper of general circulation, SARIES HAVE OPENED printed and published in the City of THROUGHOUT THE STATE: THESE FACILI- TIES HAVE CREATED Huntington Beach County of Orange MM IMPACTS ON' � f CO COMMUUNITIES- WHICH State of California, and that attached HAVE PERMITTED. THEM. THEY ARE,NOT REQUIRED TO BE PER-, Notice is a true and complete copy as NUTTED BY STATE LAW was printed and published in the AND THEY ARE CON- TRARY TO THE FEDERAL• CONTROLLED SU,B-, Huntington Beach Issue of said STANCE ACT. THERE, .ARE CURRENTLY CASES' newspaper to wit the Issue(s) of. PENDING BEFORE THE COURTS WHICH RELATE TO THE STATUS OF LAWS PERMITTING MARIJUANA USE FOR MEDICAL' PURPOSES_ FOR.THESE 'REASONS; CALIFORNIA CITIES HAVE REGULATED MARCH 3,2005 THESE 'CLINICS' AS WELL AS IMPOSED TEMPORARY MORA- TORIUMS.ON ISSUING PERMITS FOR THEM. COPIES OF THIS OR- DINANCE ARE AVAIL- ABLE IN. THE CITY CLERK'S OFFICE. PASSED AND ADOPTED declare, under penalty of perjury, that by the City Huancg of they City"of Huntington Beach at a -regular the foregoing is true and correct. meeting held February 22,2005 by the following roll calf vote: AYES:;Hansen,Coerper, Sullivan,Hardy,Green, Executed on MARCH 3,ZOOS Nor cook at Costa Mesa California. ABSENT:None Pursuant to Califor riia Government Code Section 65858 (a) and ,Huntington Beach City Charter Section• 501, this interim ordinance shall.become effective Signature immediately. CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 714-536-5227 JOAN L.FLYNN; CITY CLERK ~ Published Huntington Beach Independent March 3,2005 031-531 & 2). CITY OF HUNTINGTON BE hl-' MEETING DATE: 2/22/06 DEPARTMENT ID NUMBER: CA-05-07 Council/Agency Meeting Held: Deferred/Continued to: t,,pproved ❑ Conditionally pprove ❑ Denied c City er 's natu Council Meeting Date: 2/22/05 Departmen umber: CA-05-07 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY C01JNCIL MEMBERS KEN SMALL, Police Chief SUBMITTED BY: JENNIFER McGRATH, City A Planning Directorttorne - HOWARD ZELEFSKY, Ji- PREPARED BY: JENNIFER McGRATity Attorney - KEN SMALL, Police Chief SUBJECT: Moratorium on Medical Marijuana Dispensaries C) c �t Statement of Issue, Funding Source, Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Should the City adopt an initial 45-day moratorium on medical marijuana dispensaries? Funding Source: None. Recommended Action: Approve and adopt Ordinance No ` 4 with specific findings regarding the detriment to the public's health, safety and welfare. Alternative Action(s): 1) Do not approve and adopt Ordinance Nod OIL . 2) Approve and adopt Ordinance No. 'Yl and direct staff to prepare an ordinance permitting medical marijuana dispensing during the initial 45-day moratorium. Analysis: This issue, adoption of an ordinance providing for a medical marijuana sales moratorium, was considered by six members of the City Council at the February 7, 2005, Council meeting. Five Councilmembers voted in favor of the moratorium; one voted against it. As noted in the staff report that accompanied the Request for Council Action, a four-fifths vote of the full City Council was needed for the ordinance to pass. As there were six members present, five votes constituted four-fifths of those in attendance, but not the requiste four-fifths of the Council necessary for passage of the moratorium. Because of the four-fifths vote, it was announced that the ordinance passed, and the adoption of the ordinance was noted in the minutes. In fact, the proposed moratorium failed to win the 05-07 medical marijuana 2/11/2005 2:36 PM 1 G "1A REQUEST FOR COUNCIL ACTION MEETING DATE: 2/22105 DEPARTMENT ID NUMBER: CA-05-07 minimum votes for passage, as six votes constitutes four-fifths of the Council, not five. As Council and the public have now been given the erroneous impression that there is a moratoruim in effect, a new vote should be taken. The following analysis accompanied the February 7, 2005, Request for Council Action and should be considered before this second vote on the issue: Since the passage of Proposition 215 which allows the use of marijuana for medical purposes and possession of marijuana by caretakers of seriously ill persons who use marijuana, so-called medical marijuana dispensaries have opened throughout the state. These facilities have created adverse impacts on communities that have permitted them. They are not required to be permitted by state law and they are contrary to the Federal Controlled Substance Act. There are currently cases pending before the courts that relate to the status of laws permitting marijuana use for medical purposes. For these reasons, California cities have regulated these "clinics" as well as imposed temporary moratoriums on issuing permits for them. The Chief of Police is recommending a moratorium. In order to adopt the ordinance and impose the moratorium, the City Council must find that 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 such dispensaries would result in that threat to public health, safety, or welfare. In order to be defensible if challenged, this finding must be supported by an adequate factual record. In addition, California Government Code Section 65858 requires a 415 vote (affirmative votes) of the legislative body to adopt the moratorium. The staff supports the adoption of the moratorium for several reasons. California voters approved Proposition 215, which codified into the California Health and Safety Code the The Compassionate Use Act of 1996 ("Act"). The intent of Proposition 215 was to enable people in need of marijuana for medical purposes the ability to obtain and use it without fear of criminal prosecution under limited, specific circumstances. Some entrepreneurs have used the situation to spawn commercial endeavors to distribute marijuana to those who qualify under the Act. These are not pharmacies in any traditional sense as prescription medicines are controlled by the Federal Food and Drug Administration and in Federal law the use, possession, transportation and distribution of marijuana is specifically illegal. At any rate, the use of marijuana under the Act is not the issue here. At issue here is the location of commercial distribution of'marijuana businesses and the potential impacts to the public health, safety and welfare of our community, as well as the potential of violating Federal criminal law in permitting them. The City of Huntington Beach has not experienced the impacts of medical marijuana dispensaries, as there are none, but other communities have. Law enforcement leaders where marijuana dispensaries were located have discovered: 05-07 medical marijuana 2/11/2005 2:36 PM REQUEST FOR COUNCIL ACTION MEETING DATE: 2/22/05 DEPARTMENT ID NUMBER: CA-05-07 Joel Neves, Chief of Police of Roseville related the following impact based on his observations and discussions with involved parties including the owner/operator of the marijuana dispensary. Street level dealers trying to sell to those going to the dispensary at a lower price. People are smoking marijuana in public around the facility. People coming to the community from out of town and out of state to obtain Marijuana. Marijuana DUI by people who have obtained from dispensary. At least one burglary attempt into building. Rich Word, the Chief of Police for the City of Oakland has extensive experience with marijuana dispensaries. Large criminal element drawn to the dispensary location. Marijuana dealers who do have a doctor's recommendation are purchasing from the dispensary and then conducting illegal street sales to those who do not have a recommendation. Street criminals in search of the drugs are robbing medical use patients for their marijuana as they leave the dispensary. Thefts and robberies around the location are occurring to support the illegal and legal (by State) drug commerce. Chief Word mentioned that a shoe repair business next door to a dispensary has been severely impacted because of the concentration of criminals associated with the dispensary. The shoe repair business owner is considering shutting down his business. They had more than 15 total in city, now limited to four by ordinance but control is not very strong. The fines are too small to control a lucrative business. Most of the crime goes unreported because the users do not want to bring negative publicity to the dispensary. The dispensaries have an underground culture associated with them. At least one of the dispensaries had a doctor on the premises giving recommendations on site for a fee. One location was a combination coffee shop and dispensary and marijuana was sold in baked goods and for smoking. Dispensary management has told the police that they cannot keep the criminal element out. 05-07 medical marijuana 2/11/2005 2:36 PM 3 REQUEST FOR COUNCIL ACTION MEETING DATE: 2/22/05 DEPARTMENT ID NUMBER: CA-06-07 Several other law enforcement agencies that had experience with marijuana dispensaries. City of Hayward Acting Police Chief Lloyd Lowe reports the following: Hayward has three dispensaries total, two legal under local ordinance and one illegal. They have had robberies outside the dispensaries. They have noticed more and more people hanging around the park next to one of the dispensaries and learned that they were users in between purchases. They have problems with user recommendation cards — not uniform, anyone can get them. One illegal dispensary sold coffee, marijuana and hashish — DA would prosecute the hashish sales and possession violations after arrests were made. They have received complaints that other illegal drugs are being sold inside of dispensaries. The dispensaries are purchasing marijuana from growers that they will not disclose. Chief Lowe believes that the dispensaries do not report problems or illicit drug dealers around their establishments because they do not want the police around. Hayward Police arrested a parolee attempting to sell three pounds of marijuana to one of the dispensaries. Hayward has recently passed an ordinance that will make marijuana dispensaries illegal under zoning law in 2006. Lake County Sheriff Rod Mitchell reports the following: Lake County has one marijuana dispensary. The biggest problem is the doctor, close by the dispensary who is known across the state for being liberal in his recommendations to use marijuana for a fee of$175. 05-07 medical marijuana 2/11/2005 2:36 PM REQUEST FOR COUNCIL ACTION MEETING DATE: 2122105 DEPARTMENT ID NUMBER: CA-05-07 Many "patients" come from hours away and out of state to get a marijuana recommendation from the doctor. Upper Lake has been impacted by the criminal element coming for the marijuana doctor and dispensary. Citizens report to the Sheriff that the people coming to Upper Lake for marijuana look like drug users. One quilt shop owner has told the sheriff that she does not feel safe anymore because of the type of people drawn to the marijuana doctor and the dispensary, which are located close together in the very small town. They also have a notorious marijuana grower who beat prosecution for cultivation by making a medical claim. Law enforcement has taken a hands- off approach even though he is blatantly violating the law. The marijuana grower has recently claimed to be a church to avoid paying taxes. City of Fairfax Police Chief Ken Hughes reported: Fairfax has one marijuana dispensary. Fairfax has had some problems with patients selling to non-patients. They have had problems with purchasers from dispensary congregating at a baseball field to smoke their marijuana. Fairfax police arrested one person who purchased marijuana at the dispensary and then took it to a nearby park where he tried to trade it to a minor for sex. Fairfax is a very small town and has a low crime rate. Additionally, there are legal concerns about permitting a use which is contrary to Federal criminal law. The United States Supreme Court addressed the distribution of marijuana through a medical marijuana dispensary in United States v. Oakland Cannabis Buyers' Cooperative and Jeffrey Jones, 532 U.S. 483. This case decided in May of 2001 held that distribution of medical marijuana is illegal under the Federal Controlled Substances Act and there is no medical necessity defense allowed under Federal law. Medical marijuana dispensaries as defined by the cities' current urgency ordinance and the proposed zoning ordinance amendment involve distribution, and as described by all proponents and staff research to date, also involve a commercial transaction of an exchange of money for product. The prohibition of medical marijuana dispensaries is entirely consistent with the Federal Controlled Substances Act and the U. S. Supreme Court decision in the Oakland Cannabis Buyers'case which held that distribution of medical marijuana is illegal under the Federal Controlled Substances Act. 05-07 medical marijuana 2/11/2005 2:36 PM REQUEST FOR COUNCIL ACTION MEETING DATE: 2/22/05 DEPARTMENT ID NUMBER: CA-05-07 Environmental Status: NIA Attachment(s): City Clerk's Page Number No. Description 1. Ordinance No.'39 OD AN INTERIM ORDINANCE OF THE CITY OF HUNTINGTON BEACH IMPOSING A MORATORIUM ON MEDICAL MARIJUANA DISPENSARIES RCA Author: SCS 05-07 medical marijuana 2/11/2005 2:36 PM Lo ATTACHMENT 1 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 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 3. 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 §1506 1(b)(3). PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 2 2 n d day of February , 200 5 . ay ATTEST: APPROVED AS TO FORM: City Clerk ZId City Attorney IJ REVIEWED AND APPROVED: INITI D APPROVED: 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 regrular 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 I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-ofEcio 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 64/- JJ4W40L) Joan L. Flynn,City Clerk Ci Clerk and ex-officio ark Deputy city Clerk of the City Council of the City of Huntington Beach, California RCA ROUTING SHEET INITIATING DEPARTMENT: City Attorney, Police Chief and Planning Director SUBJECT: Moratorium on Medical Marijuana Dispensaries COUNCIL MEETING DATE: February 22, 2005 C4 ATTCMIT STATUS Ordinance (wlexhibits & legislative draft if applicable) Attached Resolution (wlexhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (wlexhibits if applicable) (Signed in full by the qitZ Attomey) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form !?Z 01ty Attorney) Not Applicable Certificates of Insurance (Approved by the City Attomey) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Find ingslConditions for Approval and/or Denial Not Applicable EXI'LAT�IATION FOR MISSING ATTAG'_I�IMENTS ; °' REVIEV�i.ED RETURNED3RWARDED Administrative Staff ) Assistant City Administrator (Initial) { ) ( ) City Administrator initial ) City Clerk ( ) E PLANATIC)N 4R RETUR S OF ITEM SpaceOnly) RCA Author: SCS ORDINANCE NO. `� 0 0 AN INTERIM ORDINANCE OF THE CITY OF HUNTINGTON BEACH IMPG'SING A MORATORIUM ON MEDICAL MARIJUANA DISPENSARIES WHEREAS, the City Council of the City of Huntington Beach does he t y find, determine and ordain as follows: SECTION 1. Definitions. Medical Marijuana Dispensary or Dispensary shall mean an facility or location where medical marijuana is made available to and/or distributed by or to�three or more of the following: a 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 such uses are otherwise regulated by this Code or applicable law: a. A clinic licensed pursuant to Chapter 1rto f Division 2 of the Health and Safety Code; b. A health care facility licensed purse . 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 fort e elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Cdde; e. A residential hospice, or f. A hbmc health agency,lic6nsed 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 issuan e of permits for medical marijuana dispensaries presents a current and immediate threat to the pub),ic 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 Abased 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 b/the Federal Appellate Court that such dispensaries are not legal under the criminal statutes of the nited States. SECTION 3A moratorium on the issuance permits for such uses is hereby imposed for a ,-period of 45 dayhis moratorium prohibits the establishment of a dispensary as defined herein. SECTI N 4. Pursuant to California Government Code Section 65858(a) and Huntington Beach City C,arter Section 501, this interim ordinance shall become effective immediately. S�CTION 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. 04ord1marijuanas/2114105 1 ' � ~ � / ' 4/o 2 lJ CITY OF 'U T RIGTON1 BEACH, CA Med *ical Z095 F EB 2 2 P 12, 5 L, Mari*juana Dispensaries City Council Meeting February 22, 2005 Not a Debate About Med i c al Ma riju a n a Passage of Proposition 215 ( Compassionate Use Act of 1996) After Medical Marijuana Dispensaries Opened ✓Adverse impacts reported in many cities and counties ➢ City of Roseville ➢ City of Hayward ➢ City of Oakland ➢ City of Fairfax ➢ Lake County Adverse Impacts Reported ✓ Patients smoking marijuana in public around facility • Parks, playgrounds and baseball fields / Drug dealers loitering in area trying to sell to patients at lower price ✓ Patients being " robbed " as they leave facility • Increase in crime in general around facilities ✓ Patients reselling marijuana to non- patients ✓ Marijuana smoke circulating through air ducts to other tenants in building ✓ Loss of business at surrounding businesses due to people " loitering " around dispensary ✓ Dispensary management complained they can ' t keep criminal element away Common Themes at " Problem Dispensaries " ✓ Not every city with a marijuana dispensary reports problems ✓ Cities with multiple marijuana dispensaries do not report problems at all facilities ✓Almost all cities with problem dispensaries report no advance zoning/planning considerations What We Don ' t Know ' If problems are caused or aggravated by dispensary operators ✓ If problems are caused or aggravated by dispensary locations ' Combination of both What We Do Know ✓ Conflict in Federal/State Law ✓ Many dispensaries have had , and continue to have, adverse impacts on surrounding neighborhoods ✓ Includes potential adverse impacts on public health, safety and welfare ✓ Impacts can be reduced or eliminated by thoughtful , consideration of zoning/planning requirements Marijuana Dispensaries vs . Other Prescription Drugs H. B. INDEPENDENT PUBLISH DATE: 313105 CITY OF HUNTINGTON BEACH LEGAL NOTICE ORDINANCE NO. 3700 Adopted by the City Council on FEBRUARY 22, 2005 "AN INTERIM ORDINANCE OF THE CITY OF HUNTINGTON BEACH IMPOSING A MORATORIUM ON MEDICAL MARIJUANA DISPENSARIES" SYNOPSIS: SINCE THE PASSAGE OF PROPOSITION 215 WHICH ALLOWS THE USE OF MARIJUANA FOR MEDICAL PURPOSES AND POSSESSION OF MARIJUANA BY CARETAKERS OF SERIOUSLY ILL PERSONS WHO USE MARIJUANA, SO-CALLED MEDICAL MARIJUANA DISPENSARIES HAVE OPENED THROUGHOUT THE STATE. THESE FACILITIES HAVE CREATED ADVERSE IMPACTS ON COMMUNITIES WHICH HAVE PERMITTED THEM. THEY ARE NOT REQUIRED TO BE PERMITTED BY STATE LAW AND THEY ARE CONTRARY TO THE FEDERAL CONTROLLED SUBSTANCE ACT. THERE ARE CURRENTLY CASES PENDING BEFORE THE COURTS WHICH RELATE TO THE STATUS OF LAWS PERMITTING MARIJUANA USE FOR MEDICAL. PURPOSES. FOR THESE REASONS, CALIFORNIA CITIES HAVE REGULATED THESE `CLINICS' AS WELL AS IMPOSED TEMPORARY MORATORIUMS ON ISSUING PERMITS FOR THEM. COPIES OF THIS ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held February 22, 2005 by the following roll call vote: AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr NOES: Cook ABSENT: None Pursuant to California Government Code Section 65858 (a) and Huntington Beach City Charter Section 501, this interim ordinance shall become effective immediately. CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 714-536-5227 JOAN L. FLYNN, CITY CLERK ? CITY OF HUNTINGTON MEETING DATE: 2/7105 DEPARTMENT ID NUMBER: CA-04-19 Council/Agency Meeting Held: Deferred/Continued to: approved Ll Conditionally Approved1 Denied S, natu rz Council Meeting Date: 2/7/05 Departme4i",umber: CA-04-19 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS KEN SMALL, Police C f7- SUBMITTED BY: JENNIFER McGRATIgbity Attorney HOWARD ZELEFS tanning Director PREPARED BY: JENNIFERMcGR/ ityAttorney KEN SMALL, Police Chief SUBJECT: Moratorium on Medical Marijuana Dispensaries C)(-C9. N3 c) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Should the City adopt an initial 45-day moratorium on medical marijuana dispensaries? Funding Source: None. Recommended Action: Approve and adopt Ordinance No._�'_\ with specific findings regarding the detriment to the public's health, safety and welfare. Alternative Action(s): 1) Do not approve and adopt Ordinance No. 2) Approve and adopt Ordinance No. YAcA and direct staff to prepare an ordinance permitting medical marijuana dispensing during the initial 45-day moratorium. Analysis: Since the passage of Proposition 215 which allows the use of marijuana for medical purposes and possession of marijuana by caretakers of seriously ill persons who use marijuana, so-called medical marijuana dispensaries have opened throughout the state. These facilities have created adverse impacts on communities which have permitted them. They are not required to be permitted by state law and they are contrary to the Federal Controlled Substance Act. There are currently cases pending before the courts which relate to the status of laws permitting marijuana use for medical purposes. For these reasons, California cities have regulated these "clinics" as well as imposed temporary 04medical marijuana 1/11/05 11:47 AM REQUEST FOR COUNCIL ACTION MEETING DATE: 217105 DEPARTMENT ID NUMBER: CA-04-19 moratoriums on issuing permits for them. The Chief of Police is recommending a moratorium. In order to adopt the ordinance and impose the moratorium, the City Council must find that 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 such dispensaries would result in that threat to public health, safety, or welfare. In order to be defensible if challenged, this finding must be supported by an adequate factual record. In addition, California Government Code Section 65858 requires a 415 vote (affirmative votes) of the legislative body to adopt the moratorium. The staff supports the adoption of the moratorium for several reasons. California voters approved Proposition 215, which codified into the California Health and Safety Code the The Compassionate Use Act of 1996 ("Act"). The intent of Proposition 215 was to enable people in need of marijuana for medical purposes the ability to obtain and use it without fear of criminal prosecution under limited, specific circumstances. Some entrepreneurs have used the situation to spawn commercial endeavors to distribute marijuana to those who qualify under the Act. These are not pharmacies in any traditional sense as prescription medicines are controlled by the Federal Food and Drug Administration and in Federal law the use, possession, transportation and distribution of marijuana is specifically illegal. At any rate, the use of marijuana under the Act is not the issue here. At issue here is the location of commercial distribution of marijuana businesses and the potential impacts to the public health, safety and welfare of our community, as well as the potential of violating Federal criminal law in permitting them. The City of Huntington Beach has not experienced the impacts of medical marijuana dispensaries, as there are none, but other communities have. Law enforcement leaders where marijuana dispensaries were located have discovered.- Joel Neves, Chief of Police of Roseville related the following impact based on his observations and discussions with involved parties including the owner/operator of the marijuana dispensary. Street level dealers trying to sell to those going to the dispensary at a lower price. People are smoking marijuana in public around the facility. People coming to the community from out of town and out of state to obtain Marijuana. Marijuana DUI by people who have obtained from dispensary. At least one burglary attempt into building. Rich Word, the Chief of Police for the City of Oakland has extensive experience with marijuana dispensaries. 04 medical marijuana --8! 1/11105 11:47 AM REQUEST FOR COUNCIL ACTION MEETING DATE: 217105 DEPARTMENT ID NUMBER: CA-04-19 Large criminal element drawn to the dispensary location. Marijuana dealers who do have a doctor's recommendation are purchasing from the dispensary and then conducting illegal street sales to those who do not have a recommendation. Street criminals in search of the drugs are robbing medical use patients for their marijuana as they leave the dispensary. Thefts and robberies around the location are occurring to support the illegal and legal (by State) drug commerce. Chief Word mentioned that a shoe repair business next door to a dispensary has been severely impacted because of the concentration of criminals associated with the dispensary. The shoe repair business owner is considering shutting down his business. They had more than 15 total in city, now limited to four by ordinance but control is not very strong. The fines are too small to control a lucrative business. Most of the crime goes unreported because the users do not want to bring. negative publicity to the dispensary. The dispensaries have an underground culture associated with them. At least one of the dispensaries had a doctor on the premises giving recommendations on site for a fee. One location was a combination coffee shop and dispensary and marijuana was sold in baked goods and for smoking. Dispensary management has told the police that they cannot keep the criminal element out. Several other law enforcement agencies that had experience with marijuana dispensaries. City of Hayward Acting Police Chief Lloyd Lowe reports the following: Hayward has three dispensaries total, two legal under local ordinance and one illegal. They have had robberies outside the dispensaries. They have noticed more and more people hanging around the park next to one of the dispensaries and learned that they were users in between purchases. 04 medical marijuana 41f 1/25105 8:59 AM REQUEST FOR COUNCIL ACTION MEETING DATE: 217105 DEPARTMENT ID NUMBER: CA-04-19 They have problems with user recommendation cards — not uniform, anyone can get them. One illegal dispensary sold coffee, marijuana and hashish — DA would prosecute the hashish sales and possession violations after arrests were made. They have received complaints that other illegal drugs are being sold inside of dispensaries. The dispensaries are purchasing marijuana from growers that they will not disclose. Chief Lowe believes that the dispensaries do not report problems or illicit drug dealers around their establishments because they do not want the police around. Hayward Police arrested a parolee attempting to sell three pounds of marijuana to one of the dispensaries. Hayward has recently passed an ordinance that will make marijuana dispensaries illegal under zoning law in 2006. Lake County Sheriff Rod Mitchell reports the following: Lake County has one marijuana dispensary. The biggest problem is the doctor, close by the dispensary who is known across the state for being liberal in his recommendations to use marijuana for a fee of$175. Many "patients" come from hours away and out of state to get a marijuana recommendation from the doctor. Upper Lake has been impacted by the criminal element coming for the marijuana doctor and dispensary. Citizens report to the Sheriff that the people coming to Upper Lake for marijuana look like drug users. One quilt shop owner has told the sheriff that she does not feel safe anymore because of the type of people drawn to the marijuana doctor and the dispensary, which are located close together in the very small town. They also have a notorious marijuana grower who beat prosecution for cultivation by making a medical claim. Law enforcement has taken a hands off approach even though he is blatantly violating the law. 04 medical marijuana ,=3' 1125/05 8:58 AM y REQUEST FOR COUNCIL ACTION MEETING DATE: 217105 DEPARTMENT ID NUMBER: CA-04-19 The marijuana grower has recently claimed to be a church to avoid paying taxes. City of Fairfax Police Chief Ken Hughes reported: Fairfax has one marijuana dispensary. Fairfax has had some problems with patients selling to non-patients. They have had problems with purchasers from dispensary congregating at a baseball field to smoke their marijuana. Fairfax police arrested one person who purchased marijuana at the dispensary and then took it to a nearby park where he tried to trade it to a minor for sex. Fairfax is a very small town and has a low crime rate. Additionally, there are legal concerns about permitting a use which is contrary to Federal criminal law. The United States Supreme Court addressed the distribution of marijuana through a medical marijuana dispensary in United States v. Oakland Cannabis Buyers' Cooperative and Jeffrey Jones, 532 U.S. 483. This case decided in May of 2001 held that distribution of medical marijuana is illegal under the Federal Controlled Substances Act and there is no medical necessity defense allowed under Federal law. Medical marijuana dispensaries as defined by the cities' current urgency ordinance and the proposed zoning ordinance amendment involve distribution, and as described by all proponents and staff research to date, also involve a commercial transaction of an exchange of money for product. The prohibition of medical marijuana dispensaries is entirely consistent with the Federal Controlled Substances Act and the U. S. Supreme Court decision in the Oakland Cannabis Buyers'case which held that distribution of medical marijuana is illegal under the Federal Controlled Substances Act. Environmental Status: NIA Attachment(s): City Clerk's " . . - Number No. Description 1. Ordinance No. AN INTERIM ORDINANCE OF THE CITY OF HUNTINGTON BEACH IMPOSING A MORATORIUM ON MEDICAL MARIJUANA DISPENSARIES RCA Author: SCS 04 medical marijuana <B 1/24105 2:58 PM S ATTACHMENT NO . 1 ORDINANCE NO. 3 6 9 7 AN INTERIM ORDINANCE OF THE CITY OF HUNTINGTON BEACH IMPOSING,,, MORATORIUM ON MEDICAL MARIJUANA DISPENSARIES WHEREAS,the City Council of the City of Huntington Beach does hereby fipd; determine and ordain as follows: A 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 6r more of the following: a 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,,``znedical 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 Df"vision 2 of the Health and Safety Code; b. A health care facility licensed pursuant { hapter 2 of Division 2 of the Health and Safety Code; C. A residential care facility for persons Aith chronic life threatening illness licensed pursuant to Chapter 3.01 of Division2 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 ar such use complies strictly with applicable law including, but not limited to, Heat.4 and Safety Code Section 11362.5 et seq. SECTION 2. The issuance'6f permits for medical marijuana dispensaries presents a current _ and immediate threat to the publif 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 dsed 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 b the Federal Appellate Court that such dispensaries are not legal under the criminal statutes of the °nited States. SECTION 3 A moratorium on the issuance permits for such uses is hereby imposed for a period of 45 days. his moratorium prohibits the establishment of a dispensary as defined herein. SECT N 4. Pursuant to California Government Code Section 65858(a) and Huntington Beach;ti ty arter Section 501, this interim ordinance shall become effective immediately. CTION 5: Nothing in this Ordinance shall preclude the use or possession of marijuana pursuto California Health and Safety Code Section 11362.5 et seq. 04ordlmarijuanas/I/11105 1 Ordinance No. 3697 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 7th day of February , 200 5 E rf. 0 ATTEST: APPROVED AS�TO ORM: City ter b {: � City Atto REVIEWED AND APPROVED: _JNIJA°TED AND APPROVED: Ac-r►y s �? Ci Administrator ' Pol' e W6f ,r��Y J r r' IJ, F+, 1 rr f• _ f� j I j 04ord/marijuanas/1/5/05 2 RCA ROUTING SHEET INITIATING DEPARTMENT: City Attorney, Police Chief and Planning Director SUBJECT: Moratorium on Medical Marijuana Dispensaries COUNCIL MEETING DATE: 2/7/05 . . . ... .. ........... CHCT STA .............0 Ordinance (w/exhibits & legislative draft if applicable) Attached Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in fuLl by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attomey) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (if applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable V I'E--,W, ERF 11 'KE R WY-,-A-d R1,01--ck 'E R- E Administrative Staff Assistant City Administrator (initial) City Administrator (initial) City Clerk 1 0 RN -A ,A 6(l,"e- V%6+eA (Below Space Fot City Clerk's Use Only) RCA Author: SCS Page I of 2 Jones, Dale From: Dapkus, Pat Sent: Thursday, January 27, 2005 10:41 AM To: Bazant, Denise Cc: Jones, Dale; Flynn, Joan Subject: FW: To whom it may concern.. -----Original Message----- From: Chris Snell [mailto:itsplatinumbaby@yahoo.com] C=:1 Sent: Thursday, January 27, 2005 10:38 AM To: city.counciI@surFcjty-hb.org Cc: Pat Dapkus Subject: To whom it may concern.. To whom it may concern, I am writing on behalf of an article that I read in today L.A. times: City leaders want dope on medical marijuana LA Times 1.27.05 Huntington Beach officials are asking the City Council to pass a moratorium on medical marijuana dispensaries until the Supreme Court rules on the legality of California's medical marijuana laws. "Right now there is conflicting federal and state laws on this issue," said City Atty. Jennifer McGrath, who co-wrote the ordinance with Huntington Beach Police Chief Ken Small and Planning Director Howard Zelefsky. "We're waiting for further instruction from the court." The Supreme Court is considering a case between California and the U.S. Department of Justice regarding the legality of homegrown marijuana used for medicinal purposes. In 1996, California voters passed a proposition legalizing medical pot, but federal authorities insist national laws banning the substance override state laws. The court is now considering whether the federal government's constitutionally mandated authority to regulate commerce includes raiding individual homes suspected of marijuana cultivation. McGrath's Huntington Beach ordinance would include a 45-day moratorium on the issuance of building permits to anyone seeking to build a medical marijuana dispensary. She said there are no such facilities in Huntington Beach, but added that someone had recently inquired with the Planning Department about possibly building a site in town. The ordinance could be introduced to the City Council at its Feb. 7 meeting. I am asking in the name of Democracy and in the name of the California State Constitution that the City Council trash this ordnance, and keep similar ordnances at bay. As you may know the Ninth Circuit Appellate Court has placed a ban on Federal interference with Medical Marijuana, and there doctors.Also California Constitution which you are legally binded to states in: Article 3 Section 3.5 9 (c): CALIFORNIA CONSTITUTION M����-��, ��-off C� - 1 1/27/2005 Page 2 of Z ARTICLE 3 STATE OF CALIFORNIA SEC. 3.5. An administrative agency, including an administrative agency created by the Constitution or an initiative statute,has no power: (a) To declare a statute unenforceable, or refuse to enforce a statute, on the basis of it being unconstitutional unless an appellate court has made a determination that such statute is unconstitutional; (b) To declare a statute unconstitutional; c To declare a statute unenforceable, or to refuse to enforce a statute on the basis that federal law or federal regulations prohibit the enforcement of such statute unless an appellate court has made a determination that the enforcement of such statute is Drohibited b federal law or federal regulations. I appreciate your time and compassion in this issue, and hope that you'll stand up and fight for Democracy, remember in 1996 Californian's voted, voiced there words, and now you want to take that away. Please tell me this is UN-true.. Thanks, Chris Do You Yahoo!? Tired of Spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com 1/27/2005 LAw OFFYCES OF MANUELS. KLALTSNF-'R, P.C. CINL,Brjr;xr.x HILL BUILDING-r1,rGH-n.T FLOOR Goy WEs-r FIFTH STREET-Lw ANGMES -CALIFDRNIA 90071 -113,617.0414• FAx: 2 Y3.6x7-1314 • ENTAIL:ATKLATJ-q(@A0L.C-OM CONFIDENTIAL FAx COVER SHEET 'Y" TO. Huntington Beach City Council 714.536,5233 C Jen.nifer McGrath, City Attorney 714-374.1590 Howard Zelefsky, Planning Director 714.374.1640 FROM: Manuel S.Klausner DATE. February 4, 2005 NO. OF PAGES. 4 (including cover sheet) If you have any problems receiving this fax, please call 213.617.0430 HARD COPY OF FAXED,DOCUMENTS WILT,FOLI-0 TV IiV 71YE MAIL QQLffiFD1ENT1A.UTY NOTICE TIDE TNTFORMATION CONTAINED rN T14TS TRANSMISSION IS JN7ENDED ONLY FOR T14E USE OF T14F, INDIVIDUAL OR ENTITY NAMED ABOVE,AND MAY BE PRIVILEGED OR CONFIDENTIAL OR 13OTr 1. IF YOU HAVII RECEIVEZ THIS COMMUNICATION IN ERROR,PLEASE NOTIFY US IMMEDIATELY BY TtLEPNONE,COLLECT AT 213-61 7.0430,AND DESTROY THE ORIGINAL AND ALL COPIES THEREOF. TNANX YOU. FEB-04-2005 17:19 21361'71314 97% P.01 LAw OFF'ICF,s of MANVEL S. KLAusNEP, F.C. ONF IBUNKIIR HILL Bu=DrNc •EIC'nT'H.Fr ooa 6oT WEST FIFTH STR£E7•Los ANCEzas a C-417TORNIA 90071 z13.6z7.o¢r.q •FAXr xr.3.Bz7.x3z�•EMAIL:74X1AU5@n6L.00M. February 4, 2005 BY FAX: 714.536.5233 O]2IGINAL BY MAIL Huntington,Beach City Council 2000 Main St, 4th Floor Huntington 13each, CA 92648 Dear Members of the City Council: According to the January 27, 2005 issue of the Huntington Beach lhdependent,you are considering imposing a moratorium on permits for medical cannabis dispensaries because there may be a conflict between state and federal Iaw on the issue of medical marijuana. .I represent Reason Foundation, a national research and educational organization of, which I am a trustee, and I am providing this legal analysis of proposed Ordinan.cc 3697 on its behalf. Preliminarily, I would note that the City of Huntington Beach is not charged with enforcing arty valid federal prohibition of medical marijuana that might be enforceable under the Commerce Clause of the United States Constitution. Nor is California law unclear as to the legality of medical marijuana. Rather,the'City of Huntington Beach is charged. solely with enforcing state Iaw, which clearly allows the use of medical marijuana and of medical marijuana dispensaries. Under our federal system of dual sovereignties and California law, where state and federal laws conflict, the City of Huntington Beach is obligated to enforce only state law: California govemtnenti-d bodies do not enforce federal criminal statutes, and they lack the power to punish crimes against the laws of the United States as such. People v. ,Tilekooh (2003) 113 Cal.AppAth 1.433, 1445-1446, citing People v. .Kelly (1869) 38 Cal. 145, 150. Moreover, the California Supreme Court has stated that the State FEB-04-2005 17:19 2135171314 ... . .. .................................. .... ..... .. .................. .............. . ...................................... .. . ................ . LAW OPTFICH OF IMANUELS. KLAu5NEn, .P.c. Huntington Beach City Council February 4, 2005 Page 2 of California is responsible for enforcement of its own marijuana laws, and not those of the federal government. People v. Mower(2002) 28 Cal-4th 457, 465 n-2. California law provides that it shall be the public policy of California to encourage the furnishing of medical marijuana to patients in need, and to encourage dispensaries to meet such need. It is the public policy of the State of California that seriously ill patients have the right to use and obtain marijuana for medical purposes. Cal. Health & Safety Code § 11362.5(b)(1)(A). Furthet, it is California's public policy to encourage state and federal governments to implement a plan to provide for the safe and affordable distribution of marijuana to all patients in medical need of marijuana. Cal. Health & Safety Code § 11 362.5(b)(1)(c). In furtherance of this policy, non-prof-it medical marijuana dispensaries are expressly allowed under California law, Cal. Health & Safety Code § 11362.765(A). Reason Foundation's mission is to advance a free society by developing, applying, and promoting libertarian ideas, including individual liberty, free markets, and the rule of law. We use journalism and public policy research to inform the frameworks and actions of journalists, policyrnakers, and opinion leaders. Reason has pub fished a body of work on drug,policy, including an arnicus brief before the U.S. Supreme Court in, the pending medical cannabis case of Ashci-qft v. Raich. A copy of the brief is linked on Reason Foundation's website at www.Reason.org. FEB-04-2005 17: 19 2136171314 9?% P.03 LAw Qrvic s of MANUEL S. KLAUSN$F, n,c. Huntington )Beach City Council February 4, 2005 Page 3 If you have any questions or desire further information about the foregoing analysis, please do not hesitate to contact me. ery truly yours, Manuel S. Kl ausner MSK:ad cc: Ms. Jennifer McGrath, City Attorney (Fax: 71.4.374.1590) Mr.Ken Small, Chief of Police (chiefg) bpd.oarg) Mr. Howard.Zelefsky,Planning Director(Fax: 714.374.1640 Mr. David Nott, President Reason Foundation Huntington Beach lndeperzdi nt(Lauren.Vaine@LATimes.com) FES-04-2205 17: 19 2136171314 97% P.04 H. B. INDEPENDENT PUBLISH DATE: 313105 CITY OF HUNTINGTON BEACH LEGAL NOTICE ORDINANCE NO. 3700 Adopted by the City Council on FEBRUARY 22, 2005 "AN INTERIM ORDINANCE OF THE CITY OF HUNTINGTON BEACH IMPOSING A MORATORIUM ON MEDICAL MARIJUANA DISPENSARIES" SYNOPSIS: SINCE THE PASSAGE OF PROPOSITION 215 WHICH ALLOWS THE USE OF MARIJUANA FOR MEDICAL PURPOSES AND POSSESSION OF MARIJUANA BY CARETAKERS OF SERIOUSLY ILL PERSONS WHO USE MARIJUANA, SO-CALLED MEDICAL MARIJUANA DISPENSARIES HAVE OPENED THROUGHOUT THE STATE. THESE FACILITIES HAVE CREATED ADVERSE IMPACTS ON COMMUNITIES WHICH HAVE PERMITTED THEM. THEY ARE NOT REQUIRED TO BE PERMITTED BY STATE LAW AND THEY ARE CONTRARY TO THE FEDERAL CONTROLLED SUBSTANCE ACT. THERE ARE CURRENTLY CASES PENDING BEFORE THE COURTS WHICH RELATE TO THE STATUS OF LAWS PERMITTING MARIJUANA USE FOR MEDICAL PURPOSES. FOR THESE REASONS, CALIFORNIA CITIES HAVE REGULATED THESE `CLINICS' AS WELL AS IMPOSED TEMPORARY MORATORIUMS ON ISSUING PERMITS FOR THEM. COPIES OF THIS ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held February 22, 2005 by the following roll call vote: AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr NOES: Cook J. ABSENT: None Pursuant to California Government Code Section 65858 (a) and Huntington Beach City Charter Section 501, this interim ordinance shall become effective immediately. CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 - 714-536-5227 JOAN L. FLYNN, CITY CLERK Albers, Patricia From: Flynn, Joan Sent: Monday, February 14, 2005 8:10 AM To: Jones, Dale; Ehring, Liz; Albers, Patricia Subject: FW_ Marijuana Medical Dispensary Moratorium FYI 1 -----Original Message----- ` From: McGrath,Jennifer Sent: Friday, February 11,2005 4:30 PM To: Hardy,Jill; Sullivan,Dave; Green,Cathy;Cook,Debbie; Hansen, Don; Bohr, Keith;Coerper,Gil Cc: Small, Kenneth;Culbreth-Graft Penelope; Payne, Laurie;Zelefsky,Howard; Flynn,Joan Subject: Marijuana Medical Dispensary Moratorium Under state law, there were insufficient votes to adopt the moratorium on 2/7/05. 6 votes were required for adoption. However, the item was recorded as adopted. I have advised the City Clerk to record the moratorium as failed at the 2/7 meeting. Staff will be returning the item to the meeting of 2/22/05. Please contact me should you have any questions. Jennifer McGrath, City Attorney City of Huntington Beach ph (714)536-5555 fax(714)374 1590 IMPORTANT NOTICE., The preceding message maybe confidential or protected by the attorney-client privilege. It is not intended for transmission to, or receipt by, any unauthorized persons. Ifyou believe that it has been sent to you in error, do not read it. Please reply to the sender thatyou have received the message in error, then destroy it. Thank you. 3 1