HomeMy WebLinkAboutOrdinance 1713 (Medical Marijuana)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. 1713 entitled:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 14 OF THE SAN
RAFAEL MUNICIPAL CODE (CITY OF SAN RAFAEL ZONING ORDINANCE), TO
AMEND CHAPTER 14.16 TO SPECIFY THAT MEDICAL MARIJUANA DISPENSARIES
ARE NOT PERMITTED, TO AMEND SECTION 14.16.220 (F) TO PROHIBIT A
MEDICAL MARIJUANA DISPENSARY AS A HOME OCCUPATION, TO AMEND SECTION
14.03.030 (DEFINITIONS) TO ADD A DEFINITION FOR A MEDICAL MARIJUANA
DISPENSARY AND TO RESCIND ORDINANCE NO. 1710, AN URGENCY ORDINANCE,
PREVIOUSLY ADOPTED ON THE SAME SUBJECT"
is a true and correct copy of an 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 JULY, 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 4th day of AUGUST, 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
5th day of AUGUST, 1997.
A
JEAN �LEONCINI, pity Clerk
ORDINANCE NO. 1713
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 14 OF THE
SAN RAFAEL MUNICIPAL CODE (CITY OF SAN RAFAEL ZONING
ORDINANCE), TO AMEND CHAPTER 14.16 TO SPECIFY THAT MEDICAL
MARIJUANA DISPENSARIES ARE NOT PERMITTED, TO AMEND SECTION
14.16.220 (F) TO PROHIBIT A MEDICAL MARIJUANA DISPENSARY AS A HOME
OCCUPATION, TO AMEND SECTION 14.03.030 (DEFINITIONS) TO ADD A
DEFINITION FOR A MEDICAL MARIJUANA DISPENSARY AND TO RESCIND
ORDINANCE NO. 1710, AN URGENCY ORDINANCE, PREVIOUSLY ADOPTED
ON THE SAME SUBJECT
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS
FOLLOWS:
WHEREAS, on April 21, 1997 the City Council adopted Ordinance No. 1710, an
Urgency Ordinance amending the zoning ordinance to prohibit a medical marijuana
dispensary as an allowable use or a home occupation and setting forth the facts
constituting such urgency; and,
WHEREAS, tl e City Council also adopted a Resolution initiating proceedings to amend
Title 14 (the Zoning Ordinance) to consider the urgency ordinance; and,
WHEREAS, the San Rafael Planning Commission has held a duly noticed public hearing
on the proposed amendment as required by State law and has considered all written
correspondence, verbal testimony and the staff report relevant to the proposed
amendment, and recommended to the City Council approval of the proposed zoning
ordinance amendment; and,
WHEREAS, the San Rafael City Council has held a duly noticed hearing on the
proposed amendment to the zoning map as required by State law and has considered
written correspondence, verbal testimony and the staff reports relevant to the proposed
amendment; and,
WHEREAS, the amendment is consistent in principle with the General Plan in that the
General Plan does not contain any specific references to Medical Marijuana Dispensaries;
Safety Goal S-A states that it is the Goal of the City to protect the Community by achieving and
maintaining a safe, healthy, and secure living and working environment; and the City's Police
Chief has recommended that medical marijuana dispensaries not be permitted until legal
ambiguities are resolved concerning the adoption of Proposition 215 in November 1996; and
WHEREAS, the public health, safety, and general welfare are served by the adoption of the
proposed amendment because the City's Police Chief has recommended that medical marijuana
dispensaries not be permitted until legal issues noted above are determined by the Courts; and
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 and per the City's Environmental Assessment Procedures Manual,
Categorical Exemptions, Class 5 F, zoning ordinance text amendments.
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES FURTHER ORDAIN
AS FOLLOWS:
DIVISION 1. Chapter 14.03, Section 14.03.030 (Definitions) of the San Rafael
Municipal Code is amended to add the following: Medical Mariivana Disnensarv: A
facility where marijuana is made available for medical purposes in accordance with
Health and Safety Code Section 11362.5 (Proposition 215).
DIVISION 2. Chapter 14.16, Site and Use Regulations of the San Rafael Municipal
Code, is amended to add the following Section 14.16.245: Medical Marijuana
Dispensary A Medical Marijuana Dispensary is not an allowable use within any district
of the City of San Rafael.
DIVISION 3. Chapter 14.16, Site and Use Regulations, Section 14.16.220, Home
Occupations, F. Uses that are Prohibited of the San Rafael Municipal Code, is amended
to add the following additional sentence: A Medical Marijuana Dispensary is not
permitted as a home occupation in any district within the City of San Rafael.
DIVISION 4. Upon the effective date of this ordinance, Ordinance No. 1710 shall be
deemed rescinded.
DIVISION 5. This ordinance shall be published once in full before its final passage in a
newspaper of general circulation, published and circulated in the City of San Rafael, and
shall be in full force and effect thirty (30) days after its final passage.
Attest:
M. LEON INC I, City Clerk
ALBE J. BORO, Mayor
The foregoing Ordinance Number 1713 was read and introduced at a regular
meeting of the City Council of the City of San Rafael on the 21st day of JULY,
1997
to wit:
, and ordered passed to print by the following vote,
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
and will come up for adoption as an ordinance of the City of San Rafael at a regular
meeting of the Council to be held on the 4th day of August, 1997.
A.
JE M. LEONC I, City Clerk