2010-47U Medical Marijuana Moratorium 1 Yr Extension ORDINANCE NO. 2009-47U
AN INTERIM URGENCY ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF MENIFEE
PROHIBITING MEDICAL MARIJUANA DISPENSARIES
FOR AN ADDITIONAL ONE YEAR PERIOD
THE CITY COUNCIL OF THE CITY OF MENIFEE DOES ORDAIN AS
FOLLOWS:
SECTION 1. FINDINGS.
The City Council finds as follows:
A. Medical marijuana dispensaries may pose a current and immediate threat to the public
health, safety and welfare for the following reasons: it is anticipated that the City may
receive a number of applications to establish medical marijuana dispensaries in the near
future, including but not limited to storefront dispensaries and those for collectives or
cooperatives; and
B. Although the Attorney General has issued guidelines for approved uses understate law,
the City does not have zoning regulations which address the establishment of medical
marijuana dispensaries and, absent this ordinance, such dispensaries could arguably be
located in residential areas or in close proximity to schools, churches, day care centers
and other sensitive uses; and
C. Location of such a use in those areas is undesirable because other public entities have
reported that medical marijuana dispensaries may result in loitering, traffic congestion,
parking problems, noise and other harmful secondary effects; specifically, the Cities of
Gardena and Anaheim have studied such a use extensively to support its ban of such
facilities; and
D. The City of Lake Elsinore also has reported the negative consequences of such facilities
that are supported by information from the Riverside County Sheriff's office; and
E. Pursuant to Government Code Section 65858, this ordinance is an interim urgency
ordinance which extends the urgency ordinance which remained in effect for the past
year (45 days followed by an additional 10 months and 15 days) for an additional one
(1) year after notice and hearing thereof; and
F. The City Council has considered any and all testimony for or against this extension at a
duly noticed public hearing.
SECTION 2: PROHIBITION
(a) During the term of this ordinance and any extension thereof, the establishment of
any medical marijuana dispensary is prohibited in the City and the City shall not issue a permit of
any kind, including a building permit or business license,to any person or entity seeking to establish
such a dispensary. Notwithstanding,this ordinance shall in no way limit the right to possess, use or
4814-2631-0918.1
cultivate marijuana for medicinal purposes as is presently authorized by the laws of the State of
California as set forth in the Health and Safety Code.
(b) For purposes of this ordinance,the term"medical marijuana dispensary"shall mean
any facility where marijuana is made available for medical purposes in accordance with Health &
Safety Code Section 11362.5 or any State regulations adopted in furtherance thereof, and includes
but is not limited to a home occupation or dispensary operated within a private residence in the City
as well as a dispensary for a collective or cooperative.
(c) For purposes of this ordinance, the word "marijuana" shall have the same meaning
as that set forth in Health & Safety Code Section 11018.
SECTION 3. EFFECTIVE DATE:
Pursuant to Government Code Section 65858, this ordinance is hereby declared to be an
extension of the second urgency measure and shall take effect upon its expiration. It shall be of no
further force or effect one year thereafter.
PASSED, APPROVED AND ADOPTED this 715th:day/91June, 2010 by a 4/5 vote.
i
Ilac dgert , Mayor
Attest:
An"utf—
Kathy
Bennett, City Clerk
Approved as to form:
�T
Karen Feld, City Attorney
4814-2631-0918.1
ENlFE•
Wallace W.Edgerton
Mayor
Fred Twyman
Mayor Pro Tem
John V.Denver STATE OF CALIFORNIA )
Councilmember COUNTY OF RIVERSIDE ) ss
Darcy Kuenzi CITY OF MENIFEE )
Councilmember
I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the foregoing
Scott l Mann Ordinance No. 2010-47U was duly adopted b the Ci Council of the Ci of Menifee
Councilmember y P Y City �/
at a meeting thereof held on the 15th day of June, 2010 by the following vote:
Ayes: Denver, Edgerton, Mann, Twyman
Noes: None
Absent: Kuenzi
Abstain: None
Kathy Bennett, City Clerk
29714 Haun Road
Menifee,CA 92586
Phone 951.672.6777
Fax 951.679.3843
wwwAtyofinenifee.us