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SPECIAL MEETING OF THE CITY COUNCIL
THURSDAY - - - NOVEMBER 6, 2008 - - - 7:25 P.M.
Location: Cit Council Chambers, City Hall, corner of Santa Clara
Avenue and Oak Street
Public Participation
Anyone wishing to address the Council on agenda items or business
introduced by Councilmembers Members may speak far a maximum of 3
minutes per agenda item when the subject is before the Council.
ROLL CALL
AGENDA ITEM
1. Adoption of an Urgency Ordinance Making Findings and
Establishing a Forty-Five Day Moratorium on the Establishment
or Expansion of Medical Marijuana Dispensaries. [Requires
four affirmative votes] Planning and Building?
ADJOURNMENT
erly J~hnl~c~, I~yor
Sign language interpreters will be available on request. Please
contact Susie Brown at 749-5805 or 522-7538 {TDD number} at least
72 hours before the meeting to request an interpreter. Accessible
seating for persons with disabilities including those using
wheelchairs? is available. Audiotapes of the meeting are available
upon request. Minutes of the meeting are available in enlarged
print. Please contact Susie Brown at 749-5505 or 522-7538 ~TDD
numbers at least 72 hours before the meeting to request any other
reasonable accommodations that may be necessary.
CITY OF ALAMEDA
Memorandum
To: Honorable Mayor and
Members of the City Council
From: Debra Kurita
City Manager
Date: November 6, 2008
Re: Adopt an Interim Urgency Grdinance, Making Findings, and Establishing
a Forty-Five Day Moratorium on the Establishment or Expansion of
Medical Mari~uana Dis ensaries
BACKGROUND
In November of 1996, California voters enacted Proposition 215, "The Compassionate
Use Act of 1996", which allows a person to use marijuana for medical purposes, with a
doctor's recommendation, without violating State law regarding possession or cultivation
of marijuana. In October 2003, the State Legislature adopted SB 420 ~Vasconcellos}
"Medical Marijuana", which established further regulations related to medical marijuana.
These regulations went into effect on January 1, 2004. These regulations include a
voluntary program far identification cards for qualified patients and primary caregivers,
limits on the amount of dried marijuana or marijuana plants per qualified patient, and
confidentiality and privacy restrictions.
The original adoption of Proposition 215, as well as the enactment of SB 420, has
created increased interest in the establishment of medical marijuana dispensaries.
Several persons have made inquiries to the Planning and Building Department about
locating medical marijuana dispensaries within the city limits. The City of Alameda
currently does not have specific regulations governing the establishment of a medical
marijuana dispensary.
DISCUSSIGN
A medico! marijuana dispensary is not a type of use that is specifically defined in the
Alameda Municipal Code's RAMC} Development Regulations. Since a medical marijuana
dispensary is not specifically defined in the AMC, an interested person could apply to
conduct such a use, and claim that it is similar to a pharmacy, medical office, or
miscellaneous retail use. Then, that person could seek to operate a medical marijuana
dispensary in various zoning districts, as well as near schools or places of religious
assembly. Medical marijuana dispensaries have been established in a few locations in
California and the Bay Area, including San Francisco and Oakland. As a result of the
Special City council
Agenda Item #'I
1 ~1-0~-Q8
Honorable Mayor and November 6, 2008
Members of the City Council Page 2 of 3
presence of medical marijuana dispensaries, some of these local agencies have
reported increases in illegal drug activity, illegal drug sales, robbery of persons leaving
dispensaries, loitering around dispensaries, falsely obtained identification cards, and
other increases in criminal activity. Medical marijuana dispensaries have led to
increased demands for police response, as well as maintenance of public streets and
sidewalks. Moreover, dispensaries in various cities have been targeted by Federal Drug
Enforcement Administration IDEA} agents. Federal courts continue to hold that the
Federal Controlled Substance Act, which prohibits the possession of marijuana for
personal use, may be enforced despite California's medical marijuana laws.
In light of these concerns, staff is in the process of determining if operation of these
dispensaries can be a safe and allowable use within Alameda. In addition, because of
inquiries from interested persons regarding the establishment of medical marijuana
dispensaries in Alameda, and the experiences of other local jurisdictions, it is
appropriate to adopt a moratorium on medical marijuana dispensaries until the issue is
further studied. The scope of the study resulting from the moratorium may include:
~i} Review processes used by other cities and counties when considering
applications from persons seeking to open and operate medical marijuana
dispensaries;
iii} Determine whether to establish a licensing and criminal background check
process for proposed operators and employees of a medical marijuana
dispensary;
viii} Decide if licensing needs to be regularly renewed;
Div} Determine in which zoning districts, if any, medical marijuana dispensaries
might be allowed to operate;
~v} Determine whether medical marijuana dispensaries should be prohibited
altogether, conditionally permitted uses, Zoning Administrator permitted uses,
or permitted uses;
Zvi} Decide whether to prohibit medical marijuana dispensaries from locating near
public or private schools, places of religious assembly, or other sensitive
uses;
vii} Decide whether medical marijuana dispensaries should be located a
minimum distance from other medical marijuana dispensaries;
viii} Develop potential regulations regarding the operation, hours, security
features, and other conditions for the operation of medical marijuana
dispensaries;
fix} Decide whether to rely on the State or Alameda County program for issuing
eligible patient identification cards and primary caregiver identification cards,
ar adopt a City ofAlameda-specific identification card program; and
fix} other related issues.
The adoption of a moratorium will give City staff sufficient time to study this issue, and
prevent medical marijuana dispensaries from locating in the city until proper procedures
and regulations are established.
Honorable Mayor and
Members of the City Council
November 6, X008
Page 3 of 3
State law sets restrictions on the adoption of a moratorium. The moratorium must be
approved by a 415ths vote of the City Council, and the initial effective period is only 45
days. Due to the complexity of the issues involved, City staff estimates that it will take
12 to 18 months to study issues related to medical marijuana dispensaries; therefore,
City staff will return to the City Council on December 2nd with a request far a
moratorium extension.
BUDGET CGNSIDERATIGNIFINANCIAL IMPACT
Adopting the Interim Urgency Grdinance will not affect the City's General Fund.
ENVIRGNMENTAL REVlE1l~
The proposed moratorium ordinance is exempt from review under the California
Environmental Quality Act ~CEQA} pursuant to Sections 15060~c}~2} the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment}
and 15060~c}~3} the activity is not a project as defined in Section 15378} of the CEQA
Guidelines.
RECGMMENDATIGN
Adopt the Interim Urgency Grdinance.
Respectfully submitted,
(/~J
Cathy odbury
Planning and Building Director
~ a~
By: Cynthia Eliason
Supervising Planner
E
0
CITY GF ALAMEDA ORDINANCE NO.
New Series
AN INTERIM URGENCYORDINANCE CFTHE CITYOF
ALAMEDA, MAKING FINDINGS, AND ESTABLISHINGA
FORTY-FIVE DAY MORATORIUM ON THE ESTABLISHMENT
OR EXPANSION OF MEDICAL MARIJUANA DISPENSARIES
WHEREAS, the City of Alameda has received a number of inquiries
re ardin the establishment of medical marijuana dis ensaries wi '
~ g 9 ~ p thEn the City of
Alameda; and
U
WHEREAS, such dispensaries have been established in several
locations in California, including nearby cities, and as a consequence, some
communities have reported increases in illegal drug activity, illegal drug sales,
robbery of persons at or leaving dispensaries, loitering around dispensaries,
falsely obtaining identification cards to qualify for medical marijuana, and other
increases in criminal activities; and
WHEREAS, this potential for increased risk of crime and violence
presents a clear and immediate danger to the public health, safety and welfare
of the residents and businesses of the City of Alameda; and
WHEREAS, if medical marijuana dispensaries were allowed to be
established in the City without appropriate regulations and safeguards, such
uses might be in conflict with the requirements of the City's General Plan,
zoning regulations, and be inconsistent with surrounding uses, or be detrimental
to the public health, safety and welfare; and
WHEREAS, it is necessary for the City of Alameda to study the potentia!
impacts of such facilities on the public health, safety, and welfare and enact
appropriate regulations.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Alameda that:
Section 1. The City Council finds and determines the foregoing
recitals to be true and correct and hereby makes them a part of this Ordinance.
Section 2. The City Council finds that issuing permits, business
licenses, or other applicable entitlements providing for the establishment of
medical marijuana dispensaries, prior to the completion of the City's study of
the potential impact of such facilities, poses a current and immediate threat to
Urgency ordinance #1
11.46-45
the public health, safety, and welfare, and that a temporary moratorium on the
issuance of such permits, licenses, and entitlements is thus necessary.
Section 3. The City Council finds that this ordinance is not subject to
the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment) and 15060(c)(3) (the activity is not
a project as defined in Section 15378) of the CEQA Guidelines.
Section 4. In accordance with California Government Code section
65858, this Ordinance shall take effect immediately, on November 6, 2008, and
be in full force for a period of 45 days. This period may be extended by the City
Council in accordance with the provisions of section 65858 to provide the City
with sufficient time to review the analysis and consider adoption of appropriate
regulations.
Section 5. To the extent this Ordinance is inconsistent with any other
provisions of the Alameda Municipal Code, this Ordinance governs.
Section 6. The public safety, health, and general welfare will be
furthered by this Ordinance,
Section 1. The City, on a case-by-case basis, shalE have the authority
upon showing of a good cause by an applicant to waive the moratorium
imposed by this Ordinance. Good cause shall mean a factual and evidentiary
showing by the applicant that the moratorium, if not waived, will deprive the
applicant of substantially all reasonable use of hislher property. Such
applications for waiver shall be filed with the City's Planning and Building
Department with appropriate fees. Said applications shall be reviewed and
decided by the Planning and Building Director. The decision of the Planning and
Building Director may be appealed to the City Council.
Within 10 calendar days of a decision by the Planning and Building
Director, an appeal from said decision may be filed by the applicant, the permit
holder, or any other interested party. In the event the last date of appeal falls
on a weekend or holiday when City offices are closed, the next date such
offices are open for business shall be the last date of appeal. Such appeal shat!
be made on a form prescribed by the Planning and Building Department and
shall be filed with the Planning and Building Department. The appeal shall state
specifically wherein it is claimed there was an error or abuse of discretion by the
Planning and Building Director or wherein its decision is not supported by the
evidence in the record. Upon receipt of the appeal, the Council shall set the
date for consideration thereof. The Planning and Building Department shall, not
less than ten days prior thereto, give written notice to the applicant, the
appellant in those cases where the applicant is not the appellant; adverse party
or parties, the attorney, spokesperson, or representative of such party or
parties, other interested groups, and neighborhood associations who have
requested notification; and to similar groups and individuals as deemed
appropriate, of the date and place of the hearing on the appeal. The City
Council shall vote on the appeal within thirty X30} days after its hearing of the
appeal. If the Council is unable to decide the appeal at the meeting, it shall
appear far a vote on each regular meeting of the Council thereafter until
decided.
Section 8. The fee for a waiver of the moratorium imposed by this
Ordinance shall be the same as the fee set in the Master Fee Resolution for a
Use Permit. The appeal fee shall be the same as the fee set in the Master Fee
Resolution for an Appeal to the City CounciC.
Section 9. If any provision of this ordinance or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect
other provisions or applications of the ordinance which can be given effect
without the invalid provision or application, and to this end the provisions of this
ordinance are severable. The City Council hereby declares that it would have
adopted this ordinance irrespective of the invalidity of any particular portion
thereof.
Presiding Officer ofthe City Cauncif
Attest:
Lora vveisiger, City Clerk
City of Alameda
I, the undersigned, hereby certify that the foregoing ordinance was duly and
regularly adopted and passed by Council ofthe City of Alameda in regular meeting
assembled on the 6~h day of November, 2008, by the followin vote to wit:
g
AYES:
NOES:
ABSENT:
ABSTENTIONS:
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official
seal of said City this 7th day of November, X008.
Lara Weisiger, City Clerk
City of Alameda