ORD 1925 - Laserfiche WebLink

CITY COUNCIL OF THE CITY OF PLEASANTON ALAMEDA COUNTY, ALAMEDA ORDINANCE NO. 1925 AN URGENCY ORDINANCE EXTENDING THE MORATORIUM ON MEDICAL MARQUANA DISPENSARIES WHEREAS, in 1996 the volers of California enacted Proposition 215, "The Compassionate Use Act of 1996" to ensure that "seriously ill Californians have the right to obtain and use marijuana for medical purposes where the medical use is deemed appropriate and has been recommended by a physician," without violating State laws regarding possession and cultivation of marijuana; WHEREAS, at its meeting on August 16, 2005, the City Council reviewed the staff report and attachments (SR 05: 128) regarding harmful secondary effects with existing medical marijuana dispensaries in the state and more locally in Alameda County, including increased crime, vagrancy and blight, as well as ongoing conflicts with federal policies for controlled substances and adopted Ordinance No. 1923 to impose a 45-day moratorium on medical marijuana dispensaries; WHEREAS, at its meeting on September 20, 2005, the City Council reviewed the staff report and attachments (SR 05: 261) and extended the moratorium on medical marijuana dispensaries for ten months and fifteen days; WHEREAS, an urgency ordinance to impose a moratorium on medical marijuana dispensaries is exempt for review under the California Environmental Quality Act (CEQA) as it is not a project under CEQA; and if a project under CEQA, will not result in a direct or reasonably foreseeable indirect physical change in the environment and only directs that a planning study be undertaken, pursuant to 14 CCR sections 15060(c)(2), 15061(b)(3), 15262; THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES HEREBY ORDAIN AS FOLLOWS: Section I: The City Council finds that the Pleasanton Municipal Code does not specifically address medical marijuana dispensaries and the City's Planning Department has received two inquiries into such a use, with the most recent inquiry on September I, 2005. Section 2: The City Council finds that the secondary effects of medical marijuana dispensaries pose a current and immediate threat to the public health, safety and