HomeMy WebLinkAboutTC Ord 2014-09-03 (2)ORDINANCE NO. 552 N. S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON AMENDING MUNICIPAL CODE TITLE IV, CHAPTER 16
(ZONING) TO BAN MARIJUANA DISPENSARIES
SECTION 1. FINDINGS.
A. Medical Marijuana dispensaries as allowed by Proposition 215 have been established in
several locations in California, and as a consequence, some local agencies have reported
increases in illegal drug activity, illegal drug sales, robbery of persons leaving
dispensaries, loitering around dispensaries, falsely obtaining 'identification cards' to
qualify for medical marijuana, and other increases in criminal activity.
B. On June 25, 2014, following public hearings held on that date and on June 11, 2014, the
Planning Commission adopted Resolution No. 2014 -09 recommending to the Town
Council that the Council adopt an ordinance banning medical marijuana dispensaries in
the Town of Tiburon as being inconsistent with the residential and village character of the
Town.
B. The Town Council held a duly noticed public hearing on August 20, 2014 and has heard
and considered all public testimony on the proposed Ordinance.
C. The Town Council finds that all notices and procedures required by law attendant to the
adoption of this Ordinance have been followed.
D. The Town Council finds that the amendment actions made by this Ordinance are
necessary for the protection of the public health, safety, and welfare.
E. The Town Council has found that the amendments made by this Ordinance are consistent
with the goals and polices of the Tiburon General Plan and other adopted ordinances and
regulations of the Town of Tiburon.
F. The Town Council finds that adoption of this ordinance is exempt from the requirements
of the California Environmental Quality Act pursuant to Sections 15301 and 15305 of the
CEQA Guidelines, as well as being exempt from CEQA under the "general rule ",
pursuant to Section 15061(b)(3) of the CEQA Guidelines.
SECTION 2. ADOPTION OF AMENDMENTS TO MUNICIPAL CODE.
Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code shall be amended as follows:
(A) Section 16- 20.030(4)(a) is hereby added as follows:
4. Prohibited uses.
a. Marijuana Dispensaries are prohibited in all zones.
Tiburon Town Council Ordinance No. 552 N. S. Effective 10/03/2014
(B) The following definition is hereby added to Section 16- 100.020(M):
Marijuana Dispensary. Any use that involves making marijuana available for any
purpose, including, without limitation, medical purposes in accordance with Health and
Safety Code Section 11362.5 (Proposition 215).
SECTION 3. SEVERABILITY.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this
Ordinance, or its application to any person or circumstance, is for any reason held to be invalid
or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability
of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of
this Ordinance, or its application to any other person or circumstance. The Town Council of the
Town of Tiburon hereby declares that it would have adopted each section, subsection,
subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or
more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof
be declared invalid or unenforceable.
SECTION 4. PUBLICATION AND EFFECTIVE DATE.
This ordinance shall be in full force and effect thirty (30) days after the date of adoption.
Within fifteen (15) days after its passage, the Town shall publish a copy of the ordinance, with
the names of the members voting for and against it, at least once in a newspaper of general
circulation in the Town of Tiburon.
This ordinance was read and introduced at a regular meeting of the Town Council of the
Town of Tiburon, held on the 20th day of August, 2014, and was adopted at a regular meeting of
the Town Council of the Town of Tiburon, held on the P day of September, 2014, by the
following vote:
AYES: COUNCILMEMBERS:
NAYS: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ATTEST:
) I ALAC�W
LDIANE CRANE IACOPI, TOWN CLERK
Doyle, Fraser, Fredericks, O'Donnell, Tollini
None
None
ALICE FREDERICKS, MAYOR
TOWN OF TIBURON
Tiburon Town Council Ordinance No. 552 N.S. Effective 10/03/2014