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Home My WebLink About2008-03-11 - AGENDA REPORTS - UDC AMEND MEDICAL MARIJUANA (2)CONSENT CALENDAR DATE: SUBJECT: DEPARTMENT: Agenda Item: 7 CITY OF SANTA CLARITA AGENDA REPORT City Manager Approval Item to be presented by: March 11, 2008 lax(f.. Patrick Leclair SECOND READING OF AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE TO PROHIBIT THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES CITYWIDE (MASTER CASE 07-016) Community Development RECOMMENDED ACTION City Council conduct a second reading and adopt an ordinance entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA APPROVING MASTER CASE 07-016, UNIFIED DEVELOPMENT CODE AMENDMENT 07-001, AMENDING CHAPTERS 12 AND 13 OF TITLE 17, OF THE SANTA CLARITA MUNICIPAL CODE TO PROHIBIT MEDICAL MARIJUANA DISPENSARIES CITYWIDE AND ADOPTING A NEGATIVE DECLARATION", to prohibit the establishment of medical marijuana dispensaries citywide. BACKGROUND On February 26, 2008, the City Council received a presentation and conducted a public hearing regarding a modification to the Unified Development Code (UDC) to prohibit the establishment of medical marijuana dispensaries throughout the City. At the February 26, 2008 meeting, the City Council introduced the Ordinance and. passed it on to a second reading. The adoption of this Ordinance would have an effective date of April 10, 2008. ALTERNATIVE ACTIONS Other action as determined by Council. Adopted-. FISCAL IMPACT No fiscal impact is anticipated with approval of this UDC Amendment. ATTACHMENTS Ordinance Exhibit A ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA APPROVING MASTER CASE 07-016, UNIFIED DEVELOPMENT CODE AMENDMENT 07-001, AMENDING CHAPTERS 12 AND 13 OF TITLE 17, OF THE SANTA CLARITA MUNICIPAL CODE TO PROHIBIT MEDICAL MARIJUANA DISPENSARIES CITYWIDE AND ADOPTING A NEGATIVE DECLARATION WHEREAS, in 1996, the voters of the State of California approved Proposition 215, which was codified as Health and Safety Code Section 11362.5, et seq., and entitled the Compassionate Use Act of 1996 ("the Act"). - WHEREAS, the intent of Proposition 215 was to enable persons who are in need of medical marijuana for medical purposes to obtain and use it under limited, specified circumstances. WHEREAS, on January 1, 2004,- SB 420 went into effect. SB 420 was enacted by the Legislature to clarify the scope of the Act and to allow cities and counties to adopt and enforce rules and regulations consistent with SB 420 and the Act. WHEREAS, the Supreme Court of the United States ruled in United States v. Oakland Cannabis Buyers' Cooperative, 532 US 483 (2001) that, notwithstanding California law, the federal. Controlled Substances Act continues to prohibit marijuana use, distribution, and possession, and that no medical necessity exception exists to these prohibitions. WHEREAS, the Supreme Court of the United States ruled in Gonzales v. Raich, U.S. LEXIS 4656 (2005), that pursuant to the commerce clause, the federal government has the power to prohibit the local cultivation and use of marijuana, even though such cultivation and use complies with California law. WHEREAS, the City of Santa Clarita Municipal Code, including the Unified Development Code, does not currently address or regulate in any manner the existence or location of medical marijuana dispensaries. WHEREAS, on March 28, 2006, the City Council adopted a 45 -day urgency ordinance (Ordinance 06-2) placing a temporary moratorium on the establishment of medical marijuana dispensaries in the City of Santa Clarita. WHEREAS, on April 26, 2006, the City Council adopted an ordinance (Ordinance 06-3) to extended the urgency ordinance (Ordinance 06-02) prohibiting the establishment of medical marijuana dispensaries in the City by 22 months and 15 days which expires on March 11, 2008. WHEREAS, the Planning Commission conducted a duly noticed public hearing on the project on January 15, 2008, at City Hall, 23920 Valencia Boulevard, Santa Clarita, CA 91355. Notice of the time, place, and purpose of the aforementioned meeting was duly noticed in accordance with Government Code 65090. At this meeting, the Planning Commission adopted Resolution P07-30, recommending that the City Council adopt an ordinance . approving Master Case 07-016, Unified Development Code Amendment 07-001 and adopt the Negative Declaration prepared for the project. WHEREAS, the City Council of the City of Santa Clarita conducted a duly noticed public hearing on February 26, 2008, at City Hall, 23920 Valencia Boulevard, Santa Clarita, CA 91355. Notice of the time, place, and purpose of the aforementioned meeting was duly noticed in accordance with Government Code 65090. At this meeting, the City Council considered the staff report, staff presentation, and public testimony on the proposed modifications, introduced the ordinance by the City Council to modify the Unified Development Code and passed the ordinance to a second reading on March 11, 2008. THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The proposed amendments to the Santa Clarita Unified Development Code are consistent with the City of Santa Clarita General Plan. SECTION 2. The proposed amendments to the Santa Clarita Unified Development.Code identified in Exhibit A are hereby adopted. SECTION 3. CALIFORNIA ENVIRONMENTAL_ QUALITY ACT FINDINGS. Based upon the foregoing facts and findings in the Initial Study prepared for the project, the City Council further finds, approves, and determines as follows: a. An Initial Study and a Negative Declaration have been prepared for this project in compliance with the California Environmental Quality Act (CEQA). b. The Initial Study has been circulated for review and comment by affected governmental agencies and the public and all comments received, if any, have been considered. The document was posted and advertised on January 28, 2008, in accordance with CEQA. The public review period was open from January 28, 2008, through February 26, 2008. Staff found that there were no impacts created as a result of the proposed project and a Negative Declaration has been prepared for the project in accordance with the CEQA. The Negative Declaration reflects the independent judgment of the City of Santa Clarita. d. The location of the documents and other material which constitutes the record of proceedings upon which the decision of the City Council is the Master Case 07- 016 project file within the Community Development Department and is in the custody of the Director of Community Development. SECTION 4. That if any portion of this Ordinance is held to be invalid, that portion shall be stricken and severed, and the remaining portions shall be unaffected and remain in full force and effect. SECTION 5. This. Ordinance shall be in full force and effect thirty (30) days from its passage and adoption. SECTION 6. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law. PASSED, APPROVED AND ADOPTED this 11th day of March, 2008. MAYOR ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. 08- was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 26th day of February, 2008, That thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council on the 1 Ith day of March, 2008, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: AND I FURTHER CERTIFY that the foregoing is the original of Ordinance No. and was published in The Signal newspaper in accordance with State Law (G.C. 40806). CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) CERTIFICATION OF CITY COUNCIL ORDINANCE I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that this is a true and correct copy of the original Ordinance No. 08- , adopted by the City Council of the City of Santa Clarita, CA on March 11, 2008, which is now on file in my office. Witness my hand and seal of the City of Santa Clarita, California, this 1 lth day of March, 2008. Sharon L. Dawson, CMC City Clerk By Susan Caputo . Deputy City Clerk