PCRES 2007-026PLANNING COMMISSION RESOLUTION 2007-026
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF LA QUINTA, CALIFORNIA,
RECOMMENDING AN AMENDMENT TO TITLE 9,
CHAPTER 9.20 ("ZONING DISTRICTS") OF THE LA
QUINTA MUNICIPAL CODE TO ADD SECTION 9.20.050
TO PROHIBIT MEDICAL MARIJUANA DISPENSARIES IN
ALL ZONES IN THE CITY
ZONING CODE AMENDMENT 2007-089
WHEREAS, the Planning Commission of the City of La Quinta is
committed to protecting the public health, safety, and welfare of the community,
and to meet these goals it is necessary for the City to adopt measures, from time
to time, to meet threats to the public health, safety, and welfare; and
WHEREAS, the federal Controlled Substances Act (21 U.S.C. § 801 et
seq.) prohibits the manufacture, distribution and possession of marijuana; and
WHEREAS, in 1996, the voters of the Sate of California approved
Proposition 215 (codified as Health and Safety Code section 11362.5 et seq., and
entitled "The Compassionate Use Act of 1996" (""Act"), to enable persons who are
in need of marijuana for specified medical purposes to obtain and use marijuana
under limited, specified circumstances. The State Legislature, pursuant to Senate
Bill 420, also enacted Article 2.5, Medical Marijuana Program, of Chapter 6,
Offenses and Penalties, of Division 10, Uniform Controlled Substances Act, of the
Health and Safety Code of the Health and Safety Code of the State of California, as
amended, which allows local governments to .adopt and enforce laws consistent
with Article 2.5; and
WHEREAS, to avoid the threat to public health, safety, and welfare
that would occur if medical marijuana dispensaries were permitted in the City, the
City finds that it is necessary to declare the establishment and maintenance of
such dispensaries, whether stand-alone dispensaries or as part of an otherwise
legal facility, a use that is prohibited in all land use zones; and
WHEREAS, the adoption of this Chapter is consistent with federal law
and Article 2.5, Medical Marijuana Program, of Chapter 6, Offenses and Penalties,
of Division 10, Uniform Controlled Substances Act, of the Health and Safety Code
of the Health and Safety Code of the State of California, as amended;
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING
COMMISSION OF THE CITY OF LA QUINTA AS FOLLOWS:
Planning Commission Resolution 2007-026
Zoning Code Amendment 2007-089
Prohibition of Medical Marijuana Dispensaries
Adopted: June 12, 2007
SECTION 1. AMENDMENT TO MUNICIPAL CODE TITLE 9 (PLANNING AND
ZONINGI: La Quinta Municipal Code Chapter 9.20, entitled "Zoning Districts," is
hereby recommended to be amended to add section 9.20.050 as follows:
"9.20.050. Medical marijuana dispensaries.
A. Medical marijuana dispensaries are a prohibited use in all zones.
B. "Medical marijuana dispensary" means a facility or location
which provides, makes available or distributes medical marijuana
to a primary caregiver, a qualified patient, or a person with an
identification card, in accordance with California Health and
Safety Code Section 1 1362.5 et seq."
SECTION 2. ENVIRONMENTAL DETERMINATION; GENERAL PLAN
CONSISTENCY; COMPATIBILITY AND SUITABILITY: The Planning Commission
finds that adoption of this Resolution is exempt from the provisions of the
California Environmental Quality Act pursuant to Title 14 California Code of
Regulations section 15061, Subsection Ib113), in that the proposed Resolution
involves a proactive measure to prohibit marijuana dispensaries and does not have
the potential to significantly effect the environment. The Commission further finds
and determines that the Resolution is consistent with the goals, objectives and
policies of the City's General Plan, in that the Resolution does not change or alter
any land use designations, densities or intensities of use set forth in the General
Plan. The City finds and determines that this Resolution is compatible with zoning
on property in La Quinta and that the Amendment affected by this Resolution is
suitable and appropriate for property in La Quinta.
SECTION 4. PUBLIC WELFARE: Based on the recitals in this Resolution and
the information in the staff report, the City finds and determines that this
Resolution will not create conditions that are materially detrimental to the public
health, safety or general welfare. In fact, the adoption of this Resolution will
contribute to the general health, safety and welfare of the community by promoting
consistency with federal law.
SECTION 3. SEVERABILITY: If any section, subsection, subdivision,
paragraph, sentence, clause or phrase, or portion of this Resolution is, for any
reason, held to be unconstitutional or invalid or ineffective by any court of
competent jurisdiction, such decision shall not affect the validity or effectiveness of
the remaining portions of this Resolution or any part thereof. The Planning
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816205.01 a0lil13/07
Planning Commission Resolution 2007-026
Zoning Code Amendment 2007-089
Prohibition of Medical Marijuana Dispensaries
Adopted: June 12, 2007
Commission herby recommends that it would have adopted this Resolution and
each section, subsection, subdivision, paragraph sentence, clause or phrase of this
Resolution irrespective of the fact that one or more sections, subsections,
subdivisions, paragraphs, sentences, clauses or phrases be declared
unconstitutional or invalid or effective. To this end the provisions of this
Resolution are declared to be severable.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta Planning Commission held on this 12th day of June, 2007, by the following
vote:
AYES: Commissioners Alderson, Engle, Quill, and Chairman Kirk
NOES: None
ABSENT: Commissioner Daniels
ABSTAIN: None
~j/r
/iQ:
PAUL QUILL, Chairman
City of La Quinta, California
ATTEST:
DOUGLAS . EVANS, Assistant City Manager/
Interim Community Development Director
City of La Quinta, California
2156/OISb10-0002
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