HomeMy WebLinkAbout05-11 - Prohibit the Establishment of Medical Marijuana DispensariesORDINANCE NO. 05-11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA
MESA, CALIFORNIA AMENDING TITLE 13 OF THE COSTA MESA
MUNICIPAL CODE TO PROHIBIT THE ESTABLISHMENT OF MEDICAL
MARIJUANA DISPENSARIES IN THE CITY OF COSTA MESA.
The City Council of the City of Costa Mesa, California, does hereby declare:
WHEREAS, the People of the State of California have enacted Proposition
215, the Compassionate Use Act of 1996 (codified at Health and Safety Code
Section 11362.5, at seq.), ("the Act") to allow the medical use of marijuana for
certain persons; and
WHEREAS, the Act does not require or provide for the opening of businesses
or cooperatives commonly known as Medical Marijuana Dispensaries; and
WHEREAS, notwithstanding the passage of the Act, the sale and distribution
of marijuana is prohibited by the Controlled Substances Act, 21 U.S.C. section
841; and
WHEREAS, the City Council of the City of Costa Mesa concludes that the
federal law prohibiting sale and distribution of marijuana would preclude the
opening of Medical Marijuana Dispensaries sanctioned by the City of Costa Mesa;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. The City Council of the City of Costa Mesa hereby finds and
determines that it is the purpose and intent of this ordinance to prohibit medical
marijuana dispensaries in order to promote the health, safety, morals, and general
welfare of the residents and businesses within the City.
Section 2. Title 13 of the Costa Mesa Municipal Code is hereby amended to read
as follows:
a. Amend Section 13-6 to include the following:
"Medical marijuana dispensary. A facility or location where medical marijuana
is cultivated or by any other means made available to and/or distributed by or
to one or more of the following: a primary caregiver, a qualified patient, or a
person with an identification card in strict accordance with State Health and
Safety Code Sections 11362.5 at seq and 11362.7 at seq."
Amend Table 13-30 to include an additional row as shown in Attachment A
Section 3. Environmental Determination. The project has been reviewed for
compliance with the California Environmental Quality Act (CEQA), the CEQA
Guidelines, and the City's environmental procedures, and has been found to be
exempt.
Section 4. Inconsistencies. Any provision of the Costa Mesa Municipal Code or
appendices thereto inconsistent with the provisions of this Ordinance, to the extent
of such inconsistencies and no further, is hereby repealed or modified to the extent
necessary to affect the provisions of this Ordinance.
Section 5. Severability. If any chapter, article, section, subsection, subdivision,
sentence, clause, phrase, or portion of this Ordinance, or the application thereof to
any person, is for any reason held to be invalid or unconstitutional by the decision
of any court of competent jurisdiction, such decision shall not affect the validity of
the remaining portion of this Ordinance or its application to other persons. The City
Council hereby declares that it would have adopted this Ordinance and each
chapter, article, section, subsection, subdivision, sentence, clause, phrase or
portion thereof, irrespective of the fact that any one or more subsections, subdivi-
sions, sentences, clauses, phrases, or portions of the application thereof to any
person, be declared invalid or unconstitutional. No portion of this Ordinance shall
supersede any local, State, or Federal law, regulation, or codes dealing with life
safety factors.
Section 6: This Ordinance shall take effect and be in full force thirty (30) days
from and after the passage thereof and prior to the expiration of fifteen It 5) days
from its passage shall be published once in the ORANGE COAST DAILY PILOT, a
newspaper of general circulation, printed and published in the City of Costa Mesa
or, in the alternative, the City Clerk may cause to be published a summary of this
Ordinance and a certified copy of the text of this Ordinance shall be posted in the
office of the City Clerk five (5) days prior to the date of adoption of this Ordinance,
and within fifteen (15) days after adoption, the City Clerk shall cause to be
published the aforementioned summary and shall post in the office of the City Clerk
a certified copy of this Ordinance together with the names and member of the City
Council voting for and against the same.
PASSED AND ADOPTED this 19" day of July, 2005
A T:
Dep City Clerk of the City of Costa Mesa
STATE OF CALIFORNIA)
COUNTY OF ORANGE) ss
CITY OF COSTA MESA)
AK/
Mayor of the City of Costa Mesa
APPROVED AS TO FORM
City Attorn y
I, Julie Folcik, Deputy City Clerk and ex -officio clerk of the City Council of the City
of Costa Mesa, hereby certify that the above and foregoing Ordinance No. 05-11
was introduced and considered section by section at a regular meeting of said City
Council held on the 21' day of June, 2005, and thereafter passed and adopted as a
whole at a regular meeting of said City Council held on the 19" day of July, 2005,
by the following roll call vote:
AYES: Mansoor, Monahan, Bever
NOES: Dixon, Foley
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the
City of Costa Mesa this 201" day of July, 2005.
DWuty City Cferk and ex -officio Clerk of
the City Council of the City of Costa Mesa
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