ORD 1937 - Laserfiche WebLink

Ordinance No. 1937 Page5 of 6 WHEREAS, an urgency ordinance to impose a moratorium on medical marijuana dispensaries is exempt from review under the California Environmental Quality Act (CEQA) at Title 14 Cal. Code of Regs. ~~ 15060(c)(2), l5601(b)(3) and 15262 because the proposal will not result in a direct or reasonably foreseeable indirect physical change in the environment. THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES HEREBY ORDAIN AS FOLLOWS: Section I: Section 2: Section 3: Section 4: Section 5: Section 6: The City Council finds that the Pleasanton Municipal Code does not specifically address medical marijuana dispensaries, and that the City's Planning Department has received at least two inquiries about establishing such a use in the spring of 2006. The City Council finds that medical marijuana dispensaries pose a current and immediate threat to the public health, safety and welfare based on reported crimes in Pleasanton, as well as other jurisdictions where dispensaries currently operate, as detailed in the staff reports presented the City Council (see SR 05: 128,05:261 and 06: 185), as well as the reported incidents listed above. The City Council has determined that additional time is needed to study the negative secondary effects of medical marijuana dispensaries, and consider whether and where such uses might safely operate within the City and subject to what types of zoning regulations and security controls. The City Council finds that granting land use approvals, building permits, or business licenses for a medical marijuana dispensary, or to modify an existing use to add a medical marijuana dispensary, would result in the above-described immediate threat to the public health, safety and welfare. The City Council declares a moratorium on the issuance of any approvals, permits or licenses for medical marijuana dispensaries, and any modifications of existing uses to include a medical marijuana dispensary, in all zoning districts in the City, including any site, facility, location, use, cooperative or business that distributes, sells, exchanges, possesses, transports, stores, delivers, gives away, allows on-site consumption of, or cultivates marijuana for medical purposes, pursuant to the California Health and Safety Code ~~ I 1362.5and 11362.7 or implementing State statutes or regulations, as may be amended. The City Council will allow any person to apply for an exception from the provisions of this Ordinance based on economic hardship. Such application shall state the nature of the hardship and the reasons why an exception to this Ordinance is warranted. The application shall explain the relationship of the proposed medical marijuana dispensary to the character of its surroundings; the impact the proposed dispensary may have on surrounding properties and how such impacts will be mitigated. The application shall state why applying for and obtaining an approval, permit or license as set forth herein and/or why the delay in pursuing the use until the City completes its evaluation of the current zoning, and any future zoning proposal, and then makes any amendments, revisions or modifications to the Municipal Code as the City Council deems appropriate,