ORD 439ORDINANCE NO. 439
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA, AMENDING 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
WHEREAS, the City Council 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 Council 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, 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, THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES
ORDAIN AS FOLLOWS:
SECTION 1. AMENDMENT TO MUNICIPAL CODE TITLE 9 (PLANNING AND
ZONING): La Quinta Municipal Code Chapter 9.20, entitled 'Zoning Districts," is
hereby amended to add section 9.20.050 as follows:
Ordinance No. 439
Amending Title 9, Chapter 9.200
Adding Section 9.20.050
Adopted: July 3. 2007
Page 2
Section 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 11362.5
et seq.
SECTION 2. ENVIRONMENTAL DETERMINATION; GENERAL PLAN
CONSISTENCY: The City Council finds that adoption of this Ordinance is exempt
from the provisions of the California Environmental Quality Act pursuant to Title 14
California Code of Regulations section 15061, subsection (b)(3), in that the
proposed Ordinance involves a proactive measure to prohibit marijuana dispensaries
and does not have the potential to significantly effect the environment. The City
Council further finds and determines that the Ordinance is consistent with the
City's General Plan, in that the Ordinance does not change or alter any land use
designations, densities or intensities of use set forth in the General Plan.
SECTION 3. SEVERABILITY: If any section, subsection, subdivision,
paragraph, sentence, clause or phrase, or portion of this Ordinance 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 Ordinance or any part thereof. The City Council
herby declares that it would have adopted this Ordinance and each section,
subsection, subdivision, paragraph sentence, clause or phrase of this Ordinance
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 Ordinance are declared to be
severable.
SECTION 4. EFFECTIVE DATE: This Ordinance shall be in full force and effect
thirty (30) days after adoption.
SECTION 5. POSTING: The City Clerk shall cause this Ordinance to be posted
in at least three public places designated by resolution of the City Council, shall
certify to the adoption and posting of this Ordinance, and shall cause this Ordinance
and its certification, together with proof of posting to be entered into the BOOK of
ORDINANCES of the City of La Quinta.
Ordinance No. 439
Amending Title 9, Chapter 9.200
Adding Section 9.20.050
Adopted: July 3. 2007
Page 3
PASSED, APPROVED, and ADOPTED by the La Quinta City Council at a
regular meeting held on this 3' day of July, 2007, by the following vote:
AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
Q
VERONICA J.
City of La Qui
, California
APPROVED AS TO FORM:
M. K T ERIN JENSON, City -Attorney
City of La Quinta, California
Clerk
()MV 19-L -
DON ADOL , M
City of La Quinta, California
Ordinance No. 439
Amending Title 9, Chapter 9.200
Adding Section 9.20.050
Adopted: July 3. 2007
Page 4
STATE OF CALIFORNIA ►
COUNTY OF RIVERSIDE) ss.
CITY OF LA QUINTA )
I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta, California, do
hereby certify the foregoing to be a full, true, and correct copy of Ordinance No.
439 which was introduced at a regular meeting on the 19' day of June, 2007,
and was adopted at a regular meeting held on the 3' day of July, 2007, not being
less than 5 days after the date of introduction thereof.
I further certify that the foregoing Ordinance was posted in three places within the
City of VQuinta as specified in City
,,Council Resolution 2006-102.
V RONICA J. ONTECINO, CMC, City Clerk -
City of La Quipffa, California -
DECLARATION OF POSTING
I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta, California, do
hereby ify that the foregoing ordinance was posted on July 131h, 2007,
p a to Council 5en
VERONICA J,,,,W TECINO, CMC, City Clerk
City of La Quinta, California