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Home My WebLink About8.2 Attch 1 CC Ord. Amndmts to medical marijuana� ORDINANCE NO. XX— 16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * * * * AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CHAPTERS 5.58 (MEDICAL MARIJUANA DISPENSARIES), CHAPTER 8.08 (DEFINITIONS) AND CHAPTER 8.12 (ZONING DISTRICTS AND PERMITTED USES OF LAND) OF THE DUBLIN MUNICIPAL CODE TO REGULATE MEDICAL MARIJUANA DISPENSARIES, DELIVERIES AND CULTIVATION WITHIN THE CITY OF DUBLIN WHEREAS, Health and Safety Code section 11362.5 , the Compassionate Use Act of 1996 ("CUA"), adopted by the voters in the State of California, authorizes a limited defense to criminal charges for the use, possession or cultivation of marijuana for medical purposes when a qualified patient has a doctor's recommendation for the use of marijuana; and WHEREAS, Health and Safety Code section 11362.7 et seq., the Medical Marijuana Program Act ("MMPA"), was adopted by the state legislature and offers some clarification on the scope of the Compassionate Use Act of 1996, and section 11362.83 specifically authorizes cities and other goveming bodies to adopt and enforce rules and regulations related to medical marijuana; and WHEREAS, neither the CUA or the MMPA prevent a city from enacting nuisance and land use regulations regarding medical marijuana cultivation or dispensaries; and WHEREAS, the Legislature recently passed, and the Governor signed, several bills regulating the commercial activity of inedical marijuana, including Assembly Bill 243, which assigns certain state agencies with reg�ulatory task regarding commercial medical marijuana, including product labeling and environmental regulation; and WHEREAS, Section 6 of AB 243 adds Health and Safety Code section 11362.777, which puts the California Department of Food and Agriculture ("DFA") in charge of licensing of both indoor and outdoor cultivation sites in the state; and WHEREAS, Health and Safety Code section 11362.777 provides that the DFA shall be the sole licensing authority for medical marijuana cultivation within a city if that city does not have land use regulations or ordinances regulating or prohibiting the . cultivation of marijuana in effect on March 1, 2016; and WHEREAS, Chapter 5.58 of the Municipal Code currently explicitly prohibits medical marijuana dispensaries in the City; and i i I i j ATTACHMENT 1 , a WHEREAS, the Municipal Code allows certain agricultural uses within the City, but medical marijuana cultivation is not an existing allowed use; and WHEREAS, the City Council desires to retain local control over the cultivation of medical marijuana, and therefore desires to adopt a land use ordinance regulating or prohibiting marijuana that will be in effect before March 1, 2016; and WHEREAS, the cultivation of inedical marijuana in other cities has resulted in calls for service to the police department, including calls for robberies and thefts; and WHEREAS, medical marijuana cultivation could pose safety risks for surrounding neighbors, including but not limited to, risks of violent confrontation in connection with attempts to steal marijuana and the risk of fire from improperly wired electrical lights within structures growing marijuana; and WHEREAS, the ability to obtain marijuana for medical purposes is available in other jurisdictions within a short drive of the City; and WHEREAS, there is a threat to the public health, safety and welfare of the community if inedical marijuana is cultivated in the City without proper regulations, and such unregulated cultivation which may result in harmful effects to the businesses, property owners and residents of the City; and ` WHEREAS, Article XI, Section 7 of the California Constitution provides a city may make and enforce within it limits all local police, sanitary and other ordinances and regulations not in conflict with general laws; and WHEREAS, the City Council desires to confirm that the cultivation of marijuana is illegal within the city and enact an explicit prohibition on the cultivation of inedical marijuana within the City; and WHEREAS, the City Council has the authority to amend a prohibition in effect before March 1, 2016, and such amendment may allow certain types of cultivation, but if no regulation or prohibition is in effect before March 1, 2016, the City could permanently lose the authority to license and regulate medical marijuana cultivation within the City; and WHEREAS, Staff has advised that members of the public are sometimes unaware of the City's existing prohibition on medical marijuana dispensaries because it is not contained in the City's Zoning Ordinance and that the existing definition of a medical marijuana dispensary causes occasional confusion; and WHEREAS, the City Council desires to add the existing prohibition on medical , marijuana dispensaries within the City to the Zoning Ordinance and rephrase the definition of inedical marijuana dispensary to eliminate any confusion; and WHEREAS, Business and Professions Code section 19340 authorizes licensed medical marijuana dispensaries to make medical marijuana deliveries in any city that does not explicitly prohibit it; . WHEREAS, the City Council desires to prohibit medical marijuana deliveries within the City. NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows: SECTION 1: The above recitals are true and correct and incorporated herein. SECTION 2: Chapter 5.58 of the Dublin Municipal Code is hereby amended to read as follows (with text in s#�+IEee�+�format indicating deletion and italicized text indicating addition): Chapter 5.58 Medical Marijuana Dispensaries and Cultivation 5.58.010 Definitions. For the purposes of this chapter, unless otherwise apparent from the context, the following definitions shall apply: A. "Medical marijuana" is marijuana authorized in strict compliance with Health and Safety Code Section 11362.5 et seq. 8. "Medical marijuana delivery"means the transfer of inedical marijuana or medical marijuana products from a medical marijuana dispensary to a qualified patient or primary caregiver, as well as the use by a dispensary of any technology platform to arrange for or facilitate the transfer of inedical marijuana or medical marijuana products. C�. "Medical marijuana dispensary" means any facility or location, whether fixed or mobile, where medical marijuana is made available to, distributed by, or distributed to finro (2) or more , � � quali�ed patients, persons with an identification card, or primary caregivers, or combination thereof. A medical marijuana dispensary shall not include the following uses, so long as such uses comply with this code, Health and Safety Code Section 11362.5 et seq., and other applicable law: 1. A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code. 2. A health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code. l i i I a , � 3. A residential care facility for persons with chronic life-threatening illness licensed . pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code. 4. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code. 5. A hospice or a home health agency, licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code. D. "Medical marijuana cultivation"means any activity involving the planting, growing, harvesting, drying, curing, grading or trimming of inedical marijuana. E6. "Person with an identification card" shall have the meaning given that term by Health and Safety Code Section 11362.7. F�. "Primary caregiver" shall have the meaning given that term by Health and Safety Code Section 11362.7. G€. "Qualified patient" shall have the meaning given that term by Health and Safety Code Section 11362.7. 5.58.020 Operation of inedical marijuana dispensaries prohibited. No person shall operate or permit to be operated a medical marijuana dispensary in or upon any premises or property in the city. 5.58.030 Medical marijuana cu/tivation prohibited. No person shall engage in medical marijuana cultivation in or upon any premises or property in the city. - 5.58.040 Medical marijuana delivery prohibited. No person shall engage in medical marijuana delivery in or upon any premises or property in the city SECTION 3: Section 8.08.020 (Definitions (A-Z)) of Title 8 of the Dublin Municipal Code is hereby a amended to add the following definitions Medical Marijuana Dispensary. See Section 5.58.010(C). � � Medical Marijuana Cultivation. See Section 5.58.010(D). � I j y t �, , SECTION 4: Section 8.12.050(Permitted and Conditionally Permitted Land Uses)of Title 8 of the Dublin Municipal Code is hereby amended to add Medical Marijuana Cultivation as an Agricultural Use Type to read as follows: AGRICULTURAL A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2 USE TYPE Medical - - - - - - - - - - - Marijuana Cultivation SECTION 5: Section 8.12.050(Permitted and Conditionally Permitted Land Uses)of Title 8 of the Dublin Municipal Code is hereby amended to add Medical Marijuana Dispensary as a Commercial Use Type to read as follows: COMMERCIAL A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2 USE TYPE Medical - - - - - - - - - - ' Marijuana Dis ensa SECTION 6: Severabilitv. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. SECTION 7: CEQA. This Ordinance is exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15061(b)(3). Section 15061(b)(3) states that CEQA applies only to those projects that have the potential to cause a significant effect on the environment. The adoption of the proposed Ordinance is exempt from CEQA because the adoption of the proposed amendments to the Municipal Code does not, in itself, allow the construction of any building or structure or authorize any activity, but rather prohibits the cultivation of inedical marijuana within the City. This Ordinance , therefore, has no potential for resulting in significant physical change in the environment, directly or ultimately. i I 1 ; �' %. SECTION 8: Effective Date and Postin� of Ordinance This Ordinance shall take effect and be in force thirty(30)days from and after the date of its final adoption. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 39633 of the Government Code of Califomia. PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this day of , 2016, by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk