HomeMy WebLinkAbout1997-06-09 Ordinance 4422ORDINANCE NO. 4422
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
DECLARING THE ESTABLISHMENT AND OPERATION OF
MEDICAL MARIJUANA DISPENSARIES TO BE A PROHIBITED
USE UNDER THE ZONING ORDINANCE, AND DECLARING THE
URGENCY THEREOF, TO TAKE EFFECT IMMEDIATELY
The City Council of the City of Palo Alto does ordain as
follows:
SECTION 1. Findings. The Council finds and declares:
A. In November 1996 the voters of the State of California
approved an initiative measure known as Proposition 215, which
added Code Section 11362.5 to the California Health and Safety
Code. Proposition 215 created a defense to the criminal laws
forbidding possession and cultivation of marijuana, for persons
possessing or cultivating the drug for personal medical purposes
upon the written or oral recommendation or approval of a physician.
The defense also extends to the individual's primary caregiver as
defined by law.
B. Since enactment of Proposition 215, persons throughout
the State have expressed a desire to establish locations where
marijuana can be dispensed to those persons who qualify for its use
under state law. Because possession and cultivation of marijuana
was illegal until enactment of Proposition 215, cities and counties
had not addressed in their zoning and other regulations the
requirements for establishment and operation of facilities at which
medical marijuana would be dispensed. Some cities and counties
have responded to Proposition 215 by enacting ordinances which
establish new zoning and police regulations governing medical
marijuana dispensaries, or impose a limited -term moratorium on the
opening of such facilities, to allow time for study and development
of appropriate regulations.
C. The District Attorney's Office of Santa Clara County
has announced its intent to interpret Propertion 215 in a manner
which takes into account the humanitarian purposes of the
Proposition, allowing for some reasonable production and
distribution for medicinal purposes only. The nature and extent of
cultivation and distribution which may lawfully be undertaken by
private parties other than the medical marijuana users themselves
is thus an open question. Special zoning and perhaps other
regulations would therefore be necessary in order to adequately
control such uses in Palo Alto.
D. The State Legislature is currently considering bills
which would regulate the distribution of medical marijuana. Any
city regulations of such activities may be required to be
consistent with such state laws, once enacted.
1
970603b& OOEO$20
... ---------------------------.~~-~
• •
E. It is necessary for the preservation of the public
peace, health and safety to enact as an urgency measure an
ordinance, declaratory of existing law, prohibiting the
establishment and operation of medical marijuana dispensaries. The
reasons for the urgency are as follows:
1. The City has in recent weeks received inquiries
about establishment of a medical marijuana dispensary in the City.
2. Such inquiries should be taken seriously,
inasmuch as nearby communities have also received such requests and
experienced high interest by persons wishing to establish such
facilities. The City of San Jose, for example, has recently
obtained a court order requiring closure of an illegal medical
marijuana dispensary, and is processing permit requests for two
other facilities for which applicatiuns were filed under a
recently -enacted ordinance regulating medical marijuana
dispensaries.
3. While the City's zoning ordinan.ce (Title 18, Palo
Alto Municipal Code~ allows various kinds of medical and related
uses as perm~tted or conditional uses in specified zoning
districts, it does net provide for the medicinal distribution of
marijuana. Because cultivat.ion and possession of marijuana in
California was illegal until passage of Proposition 215, facilities
dispensing medical marijuana are not an enumerated use under the
zoning ordinance.
4. Experience in other communkCles suggests th~t a
ntunber of regulat.ory issues should be carefully considered prior to
allowing establishment of medical marijuana dispensaries in order
to prevent crime and ensure compatibility with other uses,
including resident ial uses and schools. These issues include
security requirements I appropriate zoning designations and
development standards, and monitoring and reporting requirements.
Study of these issues and development of recommendations will
require prioritization with other projects currently being
undertaken by the Police Department and the Department of Planning
and Community Environment.
5. Because dispensation of medical marijuana is not
an activity currently addressed in the MUnicipal Code, the City can
expect to experience enfurcement problems if persons attemp~ to
dispense medical ~arijuana in Palo Alto l in the absence of
regulations specifically governing such uses. In light of the
expressed interest in establishing a medical marijuana dispensary
in Palo Alto, and the time required to study and develop
appropriate regulations, an urgency ordinance is necessary to
provide a clear statement of existing law and to protect the public
peace, health and safety.
SECTION 2 . Def initions . F(;r the purposes of this
Ordinance, the following definition shall apply:
2
970603bck: OOBOS20
"Medical Marijuana Dispensary" is a fac lity :wihere r trxquana,
is made available for medical purposes in accordance •with- H4!W1th°
and Safety Code Section 11362.5 (Proposit qn 215'? : THis' �dc5e$'iltt
include the cultivation or possession of riarijua id,"`Z1J; gl -,,4„
patient or caregiver, for medical use in accordance with Health and
Safety Code Section 11362.5.
,S. z:. , ,
SECTION 3. Establishment and 9peratioz# Prohibited.
(a) No person shall operate or' allow or "suffer foie'
operation of a Medical Marijuana Dispensary within the City of Palo
Alto.
(b) No permit or certificate of use and occupancy shall be
issued for a Medical Marijuana Dispensary.
(c) This section is deci.aratory of existing law.
SECTION 4, Effective Date. ';`his ordinance all
effective immediately upon adoption.
SECTION 5. The Council finds that this project is
exempt from the provisions of the Environmental Quality Act ("CEQA' )
because it can be seen with certainty that there is no possibility
that this project, which consists of a declaration of existing law,
will have a significant effect on the environment.
This ordinance was passed at a regular meeting of the
Council of the City of Palo Alto on Monday, June 9, 1997, and was
passed by a four -fifths vote of all Council members present at the
meeting as follows:
INTRODUCED AND PASSED: June 9 , 1997
AYES : EAKINS, FAZZINO, HUBER, MCCOWN, ROSENBAUM, SCHNEIDER, WHEELER
NOES:
ABSTENTIONS:
ABSENT: ANDERSEN, KNISS
ATTES :
ad--. City Cler
APP ED AS T*f;ORM:
0,111.,(1/11Z.
sistant City Attorney
or of Planning and
Community Environment
970603bdc 0080520
IPIS 0001 T * ClimPOD TO MI AN
mom= oYtr woo rr rug ootmcyt
OP MGM OP PALO ALTO AND
aa .44W MC! WNW IS
M Of�oN
oar* tw Mob* maw pawky
Mpalm Iwo wefonOW OrMw