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HomeMy WebLinkAboutOrdinance 1710 (Medical Marijuana - RESCINDED)CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -officio Clerk of the Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1710 entitled: "AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADDING CHAPTER 30 OF TITLE 14 TO PROHIBIT A MEDICAL MARIJUANA DISPENSARY AS AN ALLOWABLE USE OR A HOME OCCUPATION AND SETTING FORTH THE FACTS CONSTITUTING SUCH URGENCY" is a true and correct copy of an Urgency Ordinance of said City and was introduced at a REGULAR meeting of the City Council of the City of San Rafael, held on the 21st day of APRIL, 1997, published as required by City Charter in the MARIN INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael and passed and adopted as an ordinance of said City at a REGULAR meeting of the City Council of said City held on the 21st day of APRIL, 1997, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None WITNESS my hand and the official seal of the City of San Rafael this 6th day of MAY, 1997. JEA�A �ONCINI..City Clerk L ORDINANCE NO. 1710 AN URGENCY ORDINANCE OF THE CITY OF SAN RAFAEL ADDING CHAPTER 30 OF TITLE 14 TO PROHIBIT A MEDICAL MARIJUANA DISPENSARY AS AN ALLOWABLE USE OR A HOME OCCUPATION AND SETTING FORTH THE FACTS CONSTITUTING SUCH URGENCY WHEREAS, this ordinance is hereby found to be categorically exempt from environmental review, per the provisions of Section 15061(b)(3) of the California Environmental Quality Act of 1970 as amended. THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: SECTION 1. A new Chapter 30 of Title 14 of the San Rafael Municipal Code added to be numbered, entitled and to read as follows: Section 14.30.010: -- Medical Marijuana Dispensary. A "Medical Marijuana Dispensary" is a facility where marijuana is made available for medical purposes in accordance with Health and Safety Code Section 11362.5 (Proposition 215). Section 14.30.020: A Medical Marijuana Dispensary is not an allowable use within any district of the City of San Rafael. Section 14.30.030: -- Use is Not a Home Occupation. A Medical Marijuana Dispensary is not permitted as a home occupation in any district within the City of San Rafael. SECTION 2. This section is declared by the City Council to be an urgency measure necessary for the immediate preservation of the public peace, health, or safety. The facts 8 1A �O constituting such urgency are: several persons have made inquiry at the City, and one individual has announced an intent to open a dispensary to distribute marijuana for medicinal purposes in the City of San Rafael. In addition, there are a number of legal questions raised in litigation now pending, concerning whether or not such dispensaries are legal uses within the provisions of Proposition 215. While the City's Zoning Code addresses all kinds of medical and related uses, it currently does not address the medical distribution of marijuana as such activity was illegal prior to adoption of Proposition 215. Until further study and/or until the legal issues are determined by the Courts, there is a need to clarify that such use is not an allowable use under the City's current Zoning Ordinance. In addition, distribution of marijuana for medicinal purposes does not fit into the traditional "home occupation" concept. Even if legal, it is not envisioned that such dispensaries would exist in single family residences. Home occupations are not appropriate for a use which needs to be highly regulated and closely monitored. SECTION 3. This ordinance shall become effective immediately upon passage of four- fifths vote of the City Council and shall remain effective until adoption of a superseding ordinance. The City Clerk is directed to forthwith publish a copy of this ordinance once in a newspaper of general circulation, published and circulated in the City of San Rafael. ATTEST: JERNNE M. LEONCINI, City Clerk r L ALBE J. BORO, Mayor I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, certify that the foregoing ordinance was passed by the City Council of the City of San Rafael, California, by a vote of four-fifths (4/5ths) of the members thereof, at a regular meeting held on the 21st day of April, 1997 by the following vote, to wit: AYES: Councilmembers: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None JE NE M. LEONCINI, City Clerk 3