TO:
Honorable Mayor and Members of the City Council
THROUGH:
Mark Danaj, City Manager
FROM:
Quinn Barrow, City Attorney
SUBJECT:Title
Second Reading of Ordinance No. 15-0037 Prohibiting Delivery of Medical Marijuana and Mobile Marijuana Dispensaries in the City (Continued from the December 15, 2015 City Council Meeting) (City Attorney Barrow).
ADOPT ORDINANCE NO. 15-0037
Line
_________________________________________________________
Recommended Action
RECOMMENDATION
Staff recommends that the City Council waive further reading and adopt Ordinance No. 15-0037, an ordinance prohibiting delivery of medical marijuana and mobile marijuana dispensaries in the City.
Body
FUNDING REQUIREMENTS
There is no fiscal impact related to this item.
BACKGROUND
On December 1, 2015, the City Council adopted Urgency Ordinance No. 15-0037U, which was effective immediately, and introduced its counterpart, regular Ordinance No. 15-0037. At this time, staff recommends that the City Council adopt Ordinance No. 15-0037.
DISCUSSION
Governor Brown recently signed into law the Medical Marijuana Regulation and Safety Act (“MMRSA”). The MMRSA allows deliveries by a dispensary (with a State dispensary license) in a city that does not explicitly prohibit it by local ordinance. Manhattan Beach does not expressly prohibit deliveries of medical marijuana or mobile marijuana dispensaries. If the City does not adopt an express ban ordinance before the State begins issuing any State licenses, a State-licensed dispensary will be able to deliver medical marijuana within its jurisdiction. Ordinance No. 15-0037 prohibits delivery of medical marijuana and mobile marijuana dispensaries in the City.
ENVIRONMENTAL REVIEW
Pursuant to the California Environmental Quality Act (“CEQA”), the Community Development Department has determined that the proposed prohibition on the delivery of medical marijuana and on mobile marijuana dispensaries is exempt from the requirements of CEQA and the City’s CEQA Guidelines pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed prohibition on marijuana deliveries and mobile marijuana dispensaries within the City’s jurisdiction will have a significant effect on the environment. The ordinance imposes greater limitations on uses and activities allowed in the City, and will thereby serve to eliminate potential significant adverse environmental impacts. The ordinance will not have an impact on the physical environment as it will not result in any changes to the environment.
LEGAL REVIEW
The City Attorney has approved as to form the Ordinance.
CONCLUSION
Staff recommends that the City Council waive further reading and adopt Ordinance No.15-0037, an ordinance prohibiting delivery of medical marijuana and mobile marijuana dispensaries in the City.
Attachment:
1. Ordinance No. 15-0037