HomeMy WebLinkAboutUrgency Measure to adopt Interim Ordinance No. 4059 amending Dept. ID CA 15-009 Page 1 of 2
Meeting Date: 5/4/2015
CITY OF HUNTINGTON BEACH
s£y� REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 5/4/2015
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Michael E. Gates, City Attorney
PREPARED BY: Michael E. Gates, City Attorney
SUBJECT: Urgency Measure to adopt Interim Ordinance No. 4059 amending Chapter 204
of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) expressly
prohibiting medical marijuana dispensaries within the City
Statement of Issue:
Transmitted for City Council consideration is an urgency measure to adopt an Interim Ordinance to
update the City's Zoning and Subdivision Ordinance (HBZSO) to make express the City's current
prohibition of medical marijuana dispensaries within the City in Chapter 204 Use Classifications of
the HBZSO.
Financial Impact- N/A
Recommended Action:
Approve urgency measure to adopt Interim Ordinance No. 4059 "Urgency Measure Adopting an
Interim Ordinance of the City of Huntington Beach Adding Section 204.18 to Chapter 204 of the
Zoning and Subdivision Ordinance Titled Use Classifications" updating the City's Zoning Code to
make express the City's current prohibition of medical marijuana dispensaries within the City.
Alternative Action(s):
Deny urgency measure to adopt Interim Ordinance No. 4059Amending Chapter 204 of the HBZSO
to make express the City's current prohibition of medical marijuana dispensaries within the City.
Analysis:
A. BACKGROUND:
In February 2005, the City enacted a moratorium on medical marijuana dispensaries. In March
2005, the City Council adopted Ordinance No. 3703 which specifically allowed medical marijuana
dispensaries in the IG (General Industrial) and IL (Limited Industrial) zoning districts of the City
subject to additional requirements. In November 2007, due to the City's concerns of public health,
safety, and welfare of the residents and businesses, the City Council amended the HBZSO to
eliminate medical marijuana dispensaries as a permitted (non-profit, for-profit, retail, commercial or
otherwise) use within the City. Accordingly, medical marijuana dispensaries have not been listed
as a permitted use in the City and are thereby prohibited anywhere in the City.
Recent legal challenges have drawn the attention of the medical marijuana industry and more
medical marijuana dispensaries have attempted to establish businesses within the City in recent
months. Allegations suggest that the HBZSO somehow allows medical marijuana as a use in the
City.
Item 12. - 1 HB -632-
Dept. ID CA 15-009 Page 2 of 2
Meeting Date:5/4/2015
In March 2015, the City Council directed staff to prepare an Ordinance amending the HBZSO by
adding expressly articulated language to the HBZSO that medical marijuana dispensaries are a
prohibited non-profit, for-profit, retail, commercial, or otherwise, use in the City. The Ordinance will
specify that mobile medical marijuana dispensaries fall under the same prohibition. The
amendment is not a change to the City's longstanding prohibition against medical marijuana
dispensaries; the amendment is only to enhance the HBZSO to make the prohibition clearer to the
public.
B. PLANNING COMMISSION MEETING:
The Planning Commission held a public hearing on Zoning Text Amendment No. 15-004 on April
14, 2015. During the public hearing, staff gave an overview of the proposed amendment. There
were two speakers during the public hearing and the Planning Commission voted to recommend
that the City Council approve Zoning Text Amendment No. 15-004 based on the findings provided
in Attachment No. 1.
C. STAFF ANALYSIS AND RECOMMENDATION:
To make the City's current policy even more clear to the public, it is recommended that an urgency
measure adopting an Interim Ordinance pursuant to Government Code Section 65858 be approved
to take effect immediately. Concurrently with the approval of this Interim Ordinance, the regular
ordinance on the same subject matter as described above is being presented as well.
Environmental Status:
The proposed project is categorically exempt pursuant to City Council Resolution No. 4501, Class
20, which supplements the California Environmental Quality Act.
Strategic Plan Goal:
Improve quality of life
Attachment(s):
1. Ordinance No. 4059, "Urgency Measure Adopting An Interim Ordinance of the City of
Huntington Beach Adding Section 204.18 to Chapter 204 of the Zoning and Subdivision
Ordinance Titled Use Classifications"
HB -633- Item 12. - 2
ORDINANCE NO. 4059
URGENCY MEASURE ADOPTING AN INTERIM ORDINANCE OF
THE CITY OF HUNTINGTON BEACH ADDING SECTION 204.18
TO CHAPTER 204 OF THE ZONING AND SUBDIVISION ORDINANCE
TITLED USE CLASSIFICATIONS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. FINDINGS.
A. Federal laws have historically prohibited any possession, sale and distribution of
marijuana. Due to the City's concerns of public health, safety, and welfare of the
residents and businesses, in 2007, the City Council amended the Zoning and
Subdivision Ordinance (Ordinance No. 3788) to eliminate medical marijuana
dispensaries as a permitted(retail, commercial, or otherwise) use within the City.
The City of Huntington Beach also previously imposed a Moratorium on medical
marijuana dispensaries; and
B. Since 2007, medical marijuana dispensaries are not permitted to operate in
Huntington Beach and therefore are strictly prohibited to exist in the City; and
C. To expressly and notoriously inform the citizens of the City's intent to continue to
serve the public health, safety, and welfare of the residents and businesses within
the City, the City Council desires to amend the Huntington Beach's Zoning and
Subdivision Ordinance to make express the City's current prohibition of medical
marijuana dispensaries within the City; and
D. Medical marijuana dispensaries have been established in numerous locations in
California, and as a consequence, local agencies have reported negative secondary
effects on the community,which effects include illegal drug activity and drug
sales in the vicinity of dispensaries; robbery of persons leaving dispensaries;
driving under the influence of a controlled substance by persons who have
obtained marijuana from a dispensary; persons acquiring marijuana from a
dispensary and then selling it to a non-qualified person; burglaries and robberies;
and an increase in vacancies in the commercial areas in the vicinity of such
businesses; and
E. There is a current and immediate threat to the public health, safety, and welfare of
residents and businesses within the City and the issuance of any permit or
approval for the establishment of a medical marijuana dispensary within the City
prior to the adoption of a regular zoning ordinance containing an express
prohibition might result in the realization of that threat; and
15-4665,001/120041 1
Ordinance No . 4059
F. Pursuant to the California State Planning and Zoning Law, the Huntington Beach
Planning Commission and Huntington Beach City Council have held separate,
duly noticed public hearings to consider Zoning Text Amendment No. 15-004,
which amends Chapter 204 of the Huntington Beach Zoning and Subdivision
Ordinance relating to use classifications.
SECTION 2. DECLARATION OF URGENCY.
Pursuant to Government Code Section 65858, and based on the findings set forth above,
the City Council hereby declares that this interim ordinance is necessary as an urgency measure
for the immediate preservation of the public health, safety, or welfare.
SECTION 3. Section 204.18 of the Zoning and Subdivision Ordinance is hereby added
to read as follows:
204.18 Prohibited Uses.
A. Purpose. In order to expressly inform the public that any distribution of
marijuana by Medical Marijuana Businesses, Collectives, Cooperatives or
Dispensaries, etc. are prohibited in the City of Huntington Beach,the City is
adding this express prohibition to the Zoning and Subdivision Ordinance.
B. Definitions. For purposes of this section,the following term is defined:
1. Medical Marijuana Business, Collective, Cooperative or Dispensary
means any location, structure, facility, vehicle, business, store, co-op,
residence, or similar facility used, in full or in part, as a place at or in
which marijuana is sold, traded, exchanged, bartered for in any way, made
available, located, stored, displayed, placed or cultivated, including any of
the foregoing if used in connection with the distribution of marijuana.
C. Medical Marijuana Businesses, Collectives, Cooperatives or Dispensaries. A
Medical Marijuana Business, Collective, Cooperative or Dispensary or any other
such business, no matter how so named, is not a permitted use in any zoning
district or specific plan in the City. It shall be unlawful for any person or entity to
own, manage, establish, conduct or operate a Medical Marijuana Business,
Collective, Cooperative or Dispensary. Also, it shall be unlawful for any person
to permit to be established, conducted, operated, owned or managed as a landlord,
owner, employee, contractor, agent or volunteer, or in any other manner or
capacity, any medical marijuana business, collective, cooperative or dispensary in
the City.
15-4665.001/120041 2
Ordinance No . 4059
SECTION 4. This ordinance shall become effective immediately upon its adoption and
remains in effect for 45 days or until such time the ordinance is extended.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 4 t h day of May , 2015.
Ma
ATTEST: APPROVED
ity Clerk City Attorney "
REVIE ND APPROVED: INITIATED AND APPROVED:
Vy Manager U Dir or of Planning and Building
15-4665.001/120041 3
Interim Ord. No. 4059
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City
Council at a regular meeting thereof held on May 4,2015 and was passed and
adopted by at least six affirmative votes of said City Council.
AYES: Posey, O'Connell, Katapodis, Hardy, Sullivan, Delgleize, Peterson
NOES: None
ABSENT: None
ABSTAIN: None
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
Wave on: May 14,2015.
In accordance with the City Charter of said City
Joan L. Flynn, City Clerk Ci lerk and ex-officio Clerk
Deputy city clerk of the City Council of the City
of Huntington Beach, California
CITE OF HUNTIN TON BEACH
Interdepartmental Memo
TO: Honorable Mayor and City Council
FROM: Joan L. Flynn, City Clerk
DATE: May 1, 2015
SUBJECT: TWO CORRECTED ORDINANCE NUMBERS FOR THE CITY COUNCIL
MAY 4, 2015 AGENDA PACKET — ITEM #11 AND ITEM #12
The attached documents reflect the corrected Ordinance numbers for each document:
PUBLIC HEARING
#11. Ordinance #4058, "An Ordinance of the City of Huntington Beach Adding Section
204.18 to Chapter 204 of the Zoning and Subdivision Ordinance Titled Use Classifications
(Zoning Text Amendment No. 15-004)."
ORDINANCES FOR ADOPTION
V #1 2. Ordinance #4059, "Urgency Measure Adopting an Interim Ordinance of the City of
Huntington Beach Adding Section 204.18 to Chapter 204 of the Zoning and Subdivision
Ordinance Titled Use Classifications."
Interdepartment_Memo_Form 1.docx -1- 4/30/2015 2:58.-00 PM
Ordinance for Adoption
Item #12
ORDINANCE NO. 4059
URGENCY MEASURE ADOPTING AN INTERIM ORDINANCE OF
THE CITY OF HUNTINGTON BEACH ADDING SECTION 204.18
TO CHAPTER 204 OF THE ZONING AND SUBDIVISION ORDINANCE
TITLED USE CLASSIFICATIONS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. FINDINGS.
A. Federal laws have historically prohibited any possession, sale and distribution of
marijuana. Due to the City's concerns of public health, safety, and welfare of the
residents and businesses, in 2007, the City Council amended the Zoning and
Subdivision Ordinance (Ordinance No. 3788) to eliminate medical marijuana
dispensaries as a permitted (retail, commercial, or otherwise) use within the City.
The City of Huntington Beach also previously imposed a Moratorium on medical
marijuana dispensaries; and
B. Since 2007, medical marijuana dispensaries are not permitted to operate in
Huntington Beach and therefore are strictly prohibited to exist in the City; and
C. To expressly and notoriously inform the citizens of the City's intent to continue to
serve the public health, safety, and welfare of the residents and businesses within
the City, the City Council desires to amend the Huntington Beach's Zoning and
Subdivision Ordinance to make express the City's current prohibition of medical
marijuana dispensaries within the City; and
D. Medical marijuana dispensaries have been established in numerous locations in
California, and as a consequence, local agencies have reported negative secondary
effects on the community, which effects include illegal drug activity and drug
sales in the vicinity of dispensaries; robbery of persons leaving dispensaries;
driving under the influence of a controlled substance by persons who have
obtained marijuana from a dispensary; persons acquiring marijuana from a
dispensary and then selling it to a non-qualified person; burglaries and robberies;
and an increase in vacancies in the commercial areas in the vicinity of such
businesses; and
E. There is a current and immediate threat to the public health, safety, and welfare of
residents and businesses within the City and the issuance of any permit or
approval for the establishment of a medical marijuana dispensary within the City
prior to the adoption of a regular zoning ordinance containing an express
prohibition might result in the realization of that threat; and
15-4665.001/120041 1
Ordinance No . 4059
F. Pursuant to the California State Planning and Zoning Law,the Huntington Beach
Planning Commission and Huntington Beach City Council have held separate,
duly noticed public hearings to consider Zoning Text Amendment No. 15-004,
which amends Chapter 204 of the Huntington Beach Zoning and Subdivision
Ordinance relating to use classifications.
SECTION 2. DECLARATION OF URGENCY.
Pursuant to Government Code Section 65858, and based on the findings set forth above,
the City Council hereby declares that this interim ordinance is necessary as an urgency measure
for the immediate preservation of the public health, safety, or welfare.
SECTION 3. Section 204.18 of the Zoning and Subdivision Ordinance is hereby added
to read as follows:
204.18 Prohibited Uses.
A. Purpose. In order to expressly inform the public that any distribution of
marijuana by Medical Marijuana Businesses, Collectives, Cooperatives or
Dispensaries, etc. are prohibited in the City of Huntington Beach, the City is
adding this express prohibition to the Zoning and Subdivision Ordinance.
B. Definitions. For purposes of this section,the following term is defined:
1. Medical Marijuana Business, Collective, Cooperative or Dispensary
means any location, structure, facility, vehicle, business, store, co-op,
residence, or similar facility used, in full or in part, as a place at or in
which marijuana is sold, traded, exchanged, bartered for in any way, made
available, located, stored, displayed, placed or cultivated, including any of
the foregoing if used in connection with the distribution of marijuana.
C. Medical Marijuana Businesses, Collectives, Cooperatives or Dispensaries. A
Medical Marijuana Business, Collective, Cooperative or Dispensary or any other
such business, no matter how so named, is not a permitted use in any zoning
district or specific plan in the City. It shall be unlawful for any person or entity to
own, manage, establish, conduct or operate a Medical Marijuana Business,
Collective, Cooperative or Dispensary. Also, it shall be unlawful for any person
to permit to be established, conducted, operated, owned or managed as a landlord,
owner, employee, contractor, agent or volunteer, or in any other manner or
capacity, any medical marijuana business, collective, cooperative or dispensary in
the City.
15-4665.001/120041 2
Ordinance No . 4059
SECTION 4. This ordinance shall become effective immediately upon its adoption and
remains in effect for 45 days or until such time the ordinance is extended.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the day of , 2015.
Mayor
ATTEST: APPROVED
City Clerk City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
(�dhq4w-a- 'S
City Manager Dire or of Planning and Building
15-4665.001/120041 3