HomeMy WebLinkAboutORD NO. 08-1292 (ZONE TEXT AMENDMENT-MEDICAL MARIJUANA DISPENSARIES)1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ORDINANCE NO. 08-1292
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, APPROVING A ZONE TEXT AMENDMENT TO
THE MUNICIPAL CODE PROHIBITING MEDICAL MARIJUANA
DISPENSARIES
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH HEREBY AMENDS
THE HERMOSA BEACH MUNICIPAL CODE AS FOLLOWS:
SECTION 1. Medical marijuana dispensaries shall be added to the alphabetical list of
commercial land uses in Hermosa Beach Municipal Code Section 17.26.030, indicated by the
appropriate symbol that it is a prohibited use, as follows:
USE
Medical Marijuana Dispensaries
C-1 IC-2 C-3 !See Section
17.42. 110
SECTION 2. Section 17.42.110 Medical Marijuana Dispensaries Prohibited shall be
added to the Hermosa Beach Municipal Code to read as follows:
17.42.110. Medical Marijuana Dispensaries Prohibited.
A. Definitions
1. "Marijuana" shall have the same meaning as the definition of that word in Health
and Safety Code Section 11018.
2. "Medical Marijuana" means marijuana authorized for personal medical use in
compliance with Health and Safety Code Section 11362.5, et seq.
3. "Medical Marijuana Dispensary" means any facility or location, whether fixed or
mobile, where a primary caregiver makes available, sells, transmits, gives or
otherwise provides medical marijuana to two or more persons with identification
08-1292
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25 B
26
27
28
io
cards or qualified patients, or any facility where qualified patients, persons with
identification cards and primary caregivers meet or congregate collectively and
cooperatively to cultivate or distribute marijuana for medical purposes under the
authority of California Health and Safety Code section 11362.5, et seq. Medical
Marijuana Dispensary shall not include the following uses, so long as such uses
comply with this Code, the California Health and Safety Code Section 11362.5, et
seq., and other applicable law:
a. A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and
Safety Code.
b. A health care facility licensed pursuant to Chapter 2 of Division 2 of the
Health and Safety Code.
C. A residential care facility for persons with chronic life -threatening illness
licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety
Code.
d. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of
Division 2 of the Health and Safety Code.
e. A hospice or a home health agency, licensed pursuant to Chapter 8 of
Division 2 of the Health and Safety Code.
4. "Person with an Identification Card" shall have the same meaning as the definition
of that word in Health and Safety Code Section 11362.7.
5. "Primary Caregiver" shall have the same meaning as the definition of that word in
Health and Safety Code Section 11362.7.
6. "Qualified Patient" shall have the same meaning as the definition of that word in
Health and Safety Code Section 11362.7.
Medical marijuana dispensaries prohibited.
Medical marijuana dispensaries are prohibited in all zones throughout the City.
Violations and remedies.
2 08-1292
3
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
1. Criminal penalties. Any violation of any provision of this chapter shall be deemed
a misdemeanor and shall be punishable in accordance with Chapter 1.04.
SECTION 3. Section 15061(b)(3) of Title 14 of the California Code of Regulations
exempts the project from the requirements of the California Environmental Quality Act.
SECTION 4. Nothing in this Ordinance shall be interpreted to conflict with the
provisions of Health and Safety Code Section 11362.5, et seq.
SECTION S. This Ordinance shall become effective and be in full force and in effect
from and after thirty (30) days of its final passage and adoption.
SECTION 6. Prior to the expiration of fifteen (15) days after the date of its adoption, the
City Clerk shall cause this Ordinance to be published in the Easy Reader, a weekly newspaper of
general circulation published and circulated, in the City of Hermosa Beach in the manner provided
by law.
SECTION 7. The City Clerk shall certify to the passage and adoption of this Ordinance,
shall enter the same in the book of original Ordinances of said city, and shall make minutes of the
passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
PASSED, APPROVED and ADOPTED this 25th of March 25, 2008 by the following vote:
AYES:
Bobko, DiVirgilio, Reviczky, Tucker
NOES:
Mayor Keegan
ABSENT:
None
ABSTAIN:
None
PRESIDENT of the city
ATTEST:
4
City Clerk
MAYOR of the City of Hermosa Beach, California
APPROVED AS IO FORM.
3
08-1292
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 08-1292 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 25th of March 2008, and said
ordinance was published in the Easy Reader newspaper on April 3, 2008.
The vote was as follows:
AYES: Bobko, DiVirgilio, Reviczky, Tucker, Mayor Keegan
NOES: Mayor Keegan
ABSENT: None
ABSTAIN: None
DATED: April 8, 2008
City Clerk