TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David Chantarangsu, Development Services Director
PREPARED BY: Chris Tracy, Senior Planner, Advanced Planning
SUBJECT: Continuation of Urgency Ordinance Pursuant to California
Government Code Section 65858 Prohibiting the Establishment of
Medical Cannabis Delivery Businesses for an Additional 45 Days, to
Include an Exemption from the California Environmental Quality Act
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RECOMMENDATION
recommendation
Receive the staff report and conduct the public hearing;
Waive full reading and adopt by four-fifths vote Interim Urgency Ordinance No. U-601-24 (Attachment 1), entitled: An Interim Urgency Ordinance of the City Council of the City of Murrieta, California, Extending Urgency Ordinance No. U-600-23 Which Instituted A 45-Day Temporary Moratorium on the Establishment or Expansion of Medical Marijuana Dispensaries or Facilities and Mobile Medical Marijuana Dispensaries Within City Limits for an Additional Ten Months and Fifteen Days, Declaring the Urgency Thereof, and Finding An Exemption Under the California Environmental Quality Act extending for ten months and fifteen days the temporary moratorium prohibiting medical marijuana facilities and mobile medical marijuana dispensaries within City limits, as read by title only;
Find that Interim Urgency Ordinance No. U-601-24 is exempt from CEQA; and
Direct staff to continue to study appropriate modifications to the Murrieta Municipal Code to mitigate the conditions outlined in this staff report and Section 2 of the Urgency Ordinance arising from developing, maintaining, and expanding medical marijuana facilities and mobile medical marijuana dispensaries. The Development Services Director is further directed to report back to the City Council with his findings at least 10 days prior to the expiration of this ordinance.
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PRIOR ACTION/VOTE
On December 19, 2023, the City Council adopted Interim Urgency Ordinance No. U-600-23 to establish a temporary 45-day moratorium on the acceptance or processing of applications, issuance of permits, and construction of all structures (with enumerated exceptions) on the establishment or expansion of medical marijuana dispensaries, facilities, and mobile medical marijuana dispensaries within the City (Vote: 5-0).
CITY COUNCIL GOAL
Provide a high level of innovative public safety.
BACKGROUND
On December 19, 2023, the City Council adopted urgency Ordinance No. U-600-23 (Attachment No. 2) establishing a temporary 45-day moratorium on new or expanded medical marijuana facilities and mobile medical marijuana dispensaries within City limits. If not extended, the urgency ordinance will expire on February 1, 2024.
The urgency ordinance was adopted in response to Senate Bill No. 1186 (SB 1186), signed into law by Governor Newsom on September 18, 2022 and effective January 1, 2024. Under SB 1186, the City of Murrieta (City) would be prohibited from enforcing any regulation that prohibits the retail sale by delivery within the City of medicinal marijuana to medicinal marijuana patients or their primary caregivers or that otherwise has the effect of prohibiting the retail sale by delivery within the City.
The Murrieta Municipal Code (MMC) currently prohibits all sale and delivery of marijuana within the City. Staff has begun studying potential amendments to the City’s laws to recommend to the City Council but needs more time to complete an ordinance for Planning Commission and City Council consideration. Staff recommends the City Council adopt the attached interim urgency ordinance extending the temporary moratorium prohibiting medical marijuana facilities and mobile medical marijuana dispensaries within City limits so that staff may continue to investigate the effects of these uses within the City and recommend permanent regulations addressing medical marijuana facilities and mobile medical marijuana dispensaries.
Discussion
The MMC currently prohibits the selling, delivery, testing, cultivation, and manufacturing of marijuana or marijuana-infused products within the City of Murrieta. Under the City’s zoning code, marijuana dispensaries, non-personal marijuana cultivation, marijuana delivery services and/or mobile marijuana dispensaries, marijuana manufacturing, marijuana testing laboratories, and marijuana distribution are all prohibited uses within the City and are punishable as a misdemeanor and through civil abatement action. However, the MMC does allow for “personal marijuana cultivation,” meaning the indoor growing of 6 or less marijuana plants for personal use.
Under SB 1186, the City would be prohibited from enforcing any regulation that prohibits the retail sale by delivery within the City of medicinal marijuana to medicinal marijuana patients or their primary caregivers, or that otherwise has the effect of prohibiting the retail sale by delivery within the City of medicinal marijuana to medicinal marijuana patients or their primary caregivers by licensed medicinal marijuana businesses in a timely and readily accessible manner, and in types and quantities that are sufficient to meet demand from medicinal marijuana patients within the City. As the MMC currently prohibits all sale and delivery of marijuana within the City, the City would be prohibited from enforcing these regulations to the extent that they affect medical marijuana facilities and medical marijuana delivery services, also known as mobile medical marijuana dispensaries.
City staff is preparing alternative, robust regulations for presentation to the Planning Commission and then to the City Council regulating the establishment and operation of marijuana facilities and mobile medical marijuana dispensaries within the City to bring the MMC into compliance with SB 1186. However, City staff requires additional time to study and evaluate the fiscal, community, and public welfare impacts associated with medical marijuana facilities and mobile medical marijuana dispensary, including but not limited to, public welfare concerns related to crime and health and safety impacts of the sale of marijuana; increased demands on police and other valuable and scarce city administrative, financial, or personnel resources; compatible zoning regulations appropriate for medical marijuana facilities; and existing City policies and goals set forth in the General Plan and Murrieta Municipal Code applicable to these uses. City staff also anticipates that medical marijuana facility operators and mobile medical marijuana dispensaries may seek to establish facilities and delivery services, or desire to expand existing facilities and delivery services into the City, before a non-urgency ordinance amending the MMC to enact such regulations would become effective.
In accordance with Government Code section 65858, there exists a current and immediate threat to the public welfare requiring this Interim Urgency Ordinance. Notice of this extension of an Interim Urgency Ordinance has been provided pursuant to Government Code Section 65090. The primary purpose of this Interim Urgency Ordinance is the reasonable regulation of land use.
For a period of 10 months and 15 days from the date of the adoption of this Interim Urgency Ordinance, medical marijuana facilities and mobile medical marijuana dispensaries will not be permitted within City limits. While a study is completed and permanent regulations or prohibitions are developed, no permit, license, approval, or entitlement for medical marijuana facilities and mobile medical marijuana dispensaries will be issued related to any incomplete applications on file or for any new applications received while this Interim Ordinance is in effect.
Pending the completion of such studies and the adoption of an ordinance to establish appropriate operational and zoning regulations, it is necessary for the immediate preservation of the public welfare that this ordinance takes effect immediately. In the absence of immediate effectiveness, such uses in the City may conflict with existing policies, regulations, or requirements.
After notice pursuant to Government Code Section 65090 and public hearing, the City Council may again extend the interim ordinance for an additional year, if needed. Any extension of a moratorium requires a four-fifths vote for adoption.
FISCAL IMPACT
None.
ATTACHMENTS
1. Interim Urgency Ordinance No. U-601-24 Extending Moratorium
2. Interim Urgency Ordinance No. U-600-23 (December 19, 2024)