HomeMy WebLinkAboutOrdinance 1710 (Medical Marijuana - RESCINDED)CLERK'S CERTIFICATE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
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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
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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
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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
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