HomeMy WebLinkAbout4.12 Medical Marijuana Dispensaries
STAFF REPORT CITY CLERK
File #450-20
CITY COUNCIL
DATE:December 15, 2015
TO:
Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Amendments to Dublin Municipal Code Chapter 5.58 (Medical Marijuana
Dispensaries), Chapter 8.08 (Definitions) and Chapter 8.12 (Zoning Districts and
Permitted Uses of Land) PLPA-2015-00056
Prepared by Martha Aja, Associate Planner, and Alex Mog, Meyers Nave
EXECUTIVE SUMMARY:
Several new state laws regarding medical marijuana activities will go into effect in 2016,
including Assembly Bill 243 (“AB 243”), which establishes a dual licensing structure for medical
marijuana cultivation. A person wishing to cultivate medical marijuana must receive a license
from the California Department of Food & Agriculture (“DFA”), as well as a license, permit or
entitlement from the local jurisdiction where the cultivation is to take place. However, AB 266
provides that if a local jurisdiction does not have a land use regulation or an ordinance
prohibiting or regulating medical marijuana cultivation in effect before March 1, 2016, then the
DFA will be the sole licensing authority for the medical marijuana cultivation in that jurisdiction.
The primary purpose of the proposed ordinance is to ensure the City retains local control over
medical marijuana cultivation by restricting it prior to the March 1, 2016 deadline. In addition,
the proposed ordinance adds the City’s existing prohibition on medical marijuana dispensaries
to the Zoning Ordinance and prohibits the delivery of medical marijuana within the City.
FINANCIAL IMPACT:
No financial impact.
RECOMMENDATION:
Staff recommends that the City Council waive the reading and INTRODUCE an Ordinance
Amending Chapter 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.
Submitted By Reviewed By
Community Development Director Assistant City Manager
ITEM NO. 4.12
Page 1 of 5
DESCRIPTION:
California voters enacted the Compassionate Use Act in 1996 to permit the possession and
cultivation of marijuana for limited medical treatment purposes. In 2004, the Legislature
adopted the Medical Marijuana Program Act to provide greater access to medical marijuana for
qualified patients and caregivers by allowing collective, cooperative cultivation projects known
as “dispensaries.”
Neither the Compassionate Use Act nor the Medical Marijuana Program Act prevents a City
from enacting nuisance and land use regulations regarding medical marijuana use or
dispensaries. A City is constitutionally authorized to make and enforce within its limits all local
police, sanitary, and other ordinances. (Cal. Const. Art. XI, § 7.) California courts have affirmed
a City’s ability to prohibit medical marijuana dispensaries and medical marijuana cultivation as
part of the traditional land use authority. (City of Riverside v. Inland Empire Patients Health and
thth
Wellness Center, et al. (2013) 56 Cal.4 729; Maral et al. v. City of Live Oak, 221 Cal.App.4
975.) The City of Dublin has previously exercised this authority and adopted a prohibition on the
operation of medical marijuana dispensaries anywhere in the City. The City also regulates
agricultural uses, although the Municipal Code does not explicitly prohibit medical marijuana
cultivation.
Several bills regulating medical marijuana were passed by the State Legislature this past
session, including Assembly Bill 243, Assembly Bill 266 and Senate Bill 643. These bills do not
eliminate a cities’ authority to regulate medical marijuana within their jurisdictions, and the City’s
current ban on medical marijuana dispensaries is unaffected by the passage of these bills.
However, Staff is recommending the adoption of the proposed Ordinance to preserve the City’s
authority to regulate medical marijuana cultivation, in response to one of the bills. These
regulations could then be modified in the future at the discretion of the City Council.
Assembly Bill 243 (“AB 243”) adds Health and Safety Code section 11362.777, which
establishes a dual licensing structure for the cultivation of medical marijuana. Under section
11362.777, a person wishing to cultivate marijuana must receive a license from the California
DFA, as well as a license, permit or entitlement from the local jurisdiction where the cultivation is
to take place. Section 11362.777 provides that if a local jurisdiction does not have a land use
regulation or ordinance prohibiting or regulating cultivation of medical marijuana in effect before
March 1, 2016, the DFA will be the sole licensing authority for the cultivation of medical
marijuana in that jurisdiction. Accordingly, if the City does not have a prohibition or any
regulations in effect before March 1, 2016, the City may lose its ability to control medical
marijuana cultivation within the City. If the City has regulations or a prohibition in effect before
March 1, the City has the power to later modify the prohibition and/or regulations.
The Business and Professions Code section 19334 authorizes the licensing of dispensaries for
the purpose of making deliveries. B&P Section 19340 authorizes a licensed dispensary to make
a delivery in any city that does not explicitly prohibit deliveries. Although Dublin prohibits
dispensaries, these statutes likely mean a dispensary licensed in a different City could make
deliveries in Dublin unless Dublin explicitly prohibits it. If the ban on deliveries is adopted, the
City has the authority to later modify or repeal the ban.
In light of the recently adopted State legislation, Staff is proposing amendments to Chapter 5.58
(Medical Marijuana Dispensaries), Chapter 8.08 (Definitions) and Chapter 8.12 (Zoning Districts
and Permitted Uses of Land). The proposed amendments will prohibit medical marijuana
cultivation in every zoning district within the City and will also prohibit the delivery of medical
Page 2 of 5
marijuana within the City. The proposed amendments are intended to preserve the City’s
authority to regulate medical marijuana cultivation within its jurisdiction.
In order to have an ordinance in effect before March 1, 2016, the ordinance amending the
Zoning Ordinance must be adopted at the City Council’s January 19, 2016 meeting, after being
introduced at the City Council’s December 15 meeting (the Council’s first meeting in January
has been canceled). If the City has regulations or a prohibition in effect before March 1, 2016,
the City will retain the flexibility to maintain, narrow, or lift the prohibition on cultivation at some
point in the future. The proposed amendments would also add the City’s existing prohibition on
medical marijuana dispensaries to the Zoning Ordinance, and amend Chapter 5.58 (Medical
Marijuana Dispensaries) to ensure consistency between the Zoning Ordinance and the City’s
existing prohibition on Medical Marijuana Dispensaries and prohibit the cultivation and delivery
of medical marijuana within the City. The draft ordinance amending Chapters 5.58, 8.08 and
8.12 is included as Attachment 1.
The City Council is currently being requested to review the proposed ordinance amendments to
Chapter 5.58, Chapter 8.08 and Chapter 8.12 of the Dublin Municipal Code.
ANALYSIS:
The proposed amendments to Chapter 8.08 (Definitions) and 8.12 (Zoning Districts and
Permitted Uses of Land) of the Zoning Ordinance prohibit the cultivation of medical marijuana in
all zoning districts in the City. Additionally, Chapter 5.58 is being amended to prohibit the
delivery of medical marijuana within the City. The ordinance is necessary to ensure that the City
retains authority regarding the medical marijuana cultivation within the City, and to prevent the
DFA from becoming the sole licensing authority for medical marijuana cultivation within the City.
The proposed amendments to Chapter 5.58 (Medical Marijuana Dispensaries) are necessary to
ensure consistency between the Zoning Ordinance and the City’s existing prohibition on medical
marijuana dispensaries, and will add that existing prohibition to the City’s Zoning Ordinance.
The following is a description of the proposed Ordinance Amendments.
Chapter 8.08 (Definitions)
The following new definitions will be listed in Chapter 8.08 and there will be a cross reference to
Chapter 5.58:
Medical Marijuana Dispensary
. See Section 5.58.010(C).
Medical Marijuana Cultivation.
See Section 5.58.010(D).
Chapter 8.12 (Zoning Districts and Permitted Uses of Land)
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
Page 3 of 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 - - - - - - - - - - -
Dispensary
Chapter 8.58 (Medical Marijuana Dispensaries)
The proposed amendments to Chapter 8.58 of the Municipal Code include revising the existing
definition of medical marijuana dispensary and adding two new definitions.
The definition of “Medical marijuana dispensary” contained in Section 8.58.010 of the Dublin
Municipal Code is revised to read as follows:
“Medical marijuana dispensary”
means any facility or location, whether fixed or mobile,
where medical marijuana is made available to, distributed by, or distributed to two (2) or
more of the following: a qualified patient, a person with an identification card, or a primary
caregiver qualified patients, persons with an identification card, or primary caregivers, or
combination thereof.
The following new definitions are proposed to be added to Section 5.58.010 as follows:
“Medical marijuana delivery”
means the transfer of medical 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 medical marijuana or medical marijuana products.
“Medical marijuana cultivation”
means any activity involving the planting, growing,
harvesting, drying, curing, grading or trimming of medical marijuana.
In addition, two new sections (as shown below) are being added to Chapter 8.58 to prohibit the
cultivation and delivery of medical marijuana within the City of Dublin.
5.58.030 Medical marijuana cultivation 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
Planning Commission Action
On December 8, 2015, the Planning Commission held a public hearing to review the proposed
Zoning Ordinance amendments related to medical marijuana dispensaries and cultivation. The
Planning Commission had a lengthy discussion regarding the proposed Ordinance. The
Planning Commission recognized the need to adopt regulations at this time in order to ensure
Page 4 of 5
that the City maintains local control. However, a majority of the Commissioners also expressed
an interest in considering future amendments to relax the proposed standards to address the
medical needs of community members. A medical marijuana advocate, who resides in Sunol,
spoke in opposition to the proposed Ordinance. Ultimately, the Planning Commission voted 3-2
to adopt a Resolution (Attachment 2) recommending that the City Council adopt the proposed
Ordinance.
ENVIRONMENTAL REVIEW:
The California Environmental Quality Act (CEQA), together with State Guidelines and City
Environmental Regulations require that certain projects be reviewed for environmental impacts
and that environmental documents be prepared. Pursuant to the CEQA, Staff is recommending
that the proposed Ordinance be found exempt from 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
amendments of 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 marijuana within the
City. This Ordinance of itself, therefore, has no potential for resulting in significant physical
change in the environment, directly or ultimately.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A Public Notice was published in the Valley Times and posted at several locations throughout
the City and emailed to all persons who have expressed an interest in being notified of
meetings. The Staff Report was also made available on the City’s webpage.
ATTACHMENTS:
1. Ordinance amending Chapter 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, cultivation and delivery
within the City of Dublin
2. Planning Commission Resolution No. 15-15 recommending that the
City Council adopt an Ordinance amending 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 and cultivation within all zoning districts the City of
Dublin
Page 5 of 5
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 governing 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 medical marijuana, including Assembly Bill 243, which
assigns certain state agencies with regulatory 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
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
cultivation that will be in effect before March 1, 2016; and
WHEREAS,
the cultivation of medical 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
medical 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 medical 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 medical
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;
and
WHEREAS,
the Planning Commission held a duly noticed public hearing on the Title 8
Zoning Ordinance amendments on December 8, 2015, at which time all interested parties had the
opportunity to be heard. Following the public hearing, the Planning Commission approved
Resolution 15-15 recommending that the City Council adopt the amendments; and
WHEREAS,
the City Council held a duly noticed public hearing on the proposed Title 5 and
Title 8 amendments on __________, at which time all interested parties had the opportunity to be
heard.
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 strikeout 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.
B. “Medical marijuana delivery” means the transfer of medical 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
medical marijuana or medical marijuana products.
CB. “Medical marijuana dispensary” means any facility or location, whether fixed or mobile,
where medical marijuana is made available to, distributed by, or distributed to two (2) or more of
the following: a qualified patient, a person with an identification card, or a primary caregiver
qualified 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.
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 medical marijuana.
EC. “Person with an identification card” shall have the meaning given that term by Health and
Safety Code Section 11362.7.
FD. “Primary caregiver” shall have the meaning given that term by Health and Safety Code
Section 11362.7.
GE. “Qualified patient” shall have the meaning given that term by Health and Safety Code
Section 11362.7.
5.58.020 Operation of medical 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 cultivation 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 amended to
add the following definitions:
Medical Marijuana Dispensary.
See Section 5.58.010(C).
Medical Marijuana Cultivation.
See Section 5.58.010(D).
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 and to prohibit the use in every zoning district, 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 and to prohibit the use in every zoning district, 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 - - - - - - - - - - -
Dispensary
SECTION 6: Severability.
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 medical marijuana within
the City. This Ordinance , therefore, has no potential for resulting in significant physical change in
the environment, directly or ultimately.
SECTION 8: Effective Date and Posting 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 California.
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
RESOLUTION 15-15
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING
CHAPTERS 8.08 (DEFINITIONS) AND 8.12 (ZONING DISTRICTS AND PERMITTED USES
OF LAND) OF THE DUBLIN MUNICIPAL CODE TO PROHIBIT MEDICAL MARIJUANA
DISPENSARIES AND CULTIVATION IN ALL ZONING DISTRICTS WITHIN THE
CITY OF DUBLIN
WHEREAS
, the Legislature recently passed, and the Governor signed, several bills
regulating the commercial activity of medical marijuana, including Assembly Bill 243, which
assigns certain state agencies with regulatory 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,
an amendment to Zoning Ordinance Chapter 8.08 and 8.12 enacting a
prohibition of medical marijuana cultivation will ensure that the City of Dublin retains local control
over medical marijuana cultivation within the City; and
WHEREAS
, if the City has a prohibition regarding medical marijuana cultivation in effect
before March 1, 2016, the City retains the flexibility to maintain, narrow, or lift the prohibition on
cultivation at some point in the future; and
WHEREAS,
an amendment to Chapter 5.58, along with the proposed amendments to
Chapter 8.08 and 8.12, will ensure consistency between the Zoning Ordinance and the City’s
existing prohibition on medical marijuana dispensaries, which will remain in effect; and
WHEREAS,
the California Environmental Quality Act (CEQA), together with State
guidelines and City environmental regulations require that certain projects be reviewed for
environmental impacts and that environmental documents be prepared; and
WHEREAS
, the proposed project is exempt from CEQA per CEQA Guidelines Section
15061 (b)(3), which 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 amendments to the
Municipal Code does not, in itself, allow the construction of any building or structure, but
prohibits medical marijuana cultivation within the City; and
WHEREAS
, a Staff Report was submitted to the City of Dublin Planning Commission
recommending approval of the proposed amendments; and
1
WHEREAS
, the Planning Commission held a public hearing on said application on
December 8, 2015 and
WHEREAS
, proper notice of said hearing was given in all respects as required by law;
and
WHEREAS
, the Planning Commission did hear and consider all said reports,
recommendations and testimony herein above set forth and used its independent judgment to
evaluate the project.
NOW, THEREFORE, BE IT RESOLVED THAT THE
Dublin Planning Commission does
hereby recommend that the City Council adopt the following amendments to the Zoning
Ordinance:
The following new definitions will be listed in Chapter 8.08 and there will be a cross reference to
Chapter 5.58.
Medical Marijuana Dispensary
. See Section 5.58.010(C).
Medical Marijuana Cultivation.
See Section 5.58.010(D).
Amend Section 8.12.050 (Permitted and Conditionally Permitted Land Uses) of the Dublin
Municipal Code to add Medical Marijuana 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
Amend Section 8.12.050 (Permitted and Conditionally Permitted Land Uses) of Title 8 of the
Dublin Municipal Code 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 - - - - - - - - - - -
Dispensary
2
th
PASSED, APPROVED AND ADOPTED
this 8 day of December 2015 by the following vote:
AYES: Do, Mittan, Goel
NOES: Kohli, Bhuthimethee
ABSENT:
ABSTAIN:
Planning Commission Chair
ATTEST:
_________
Assistant Community Development Director
3