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Home My WebLink About5.2 PCSR Marijuana Ordinance ` oe�� di v�y it STAFF REPORT PLANNING COMMISSION FNS DATE: September 13, 2016 TO: Planning Commission SUBJECT: PUBLIC HEARING - PLPA 2016-00054 Amendments to Chapters 5.58, 8.08 and 8.12 of the Dublin Municipal Code related to non- medical marijuana deliveries, businesses and cultivation, and to medical marijuana businesses Report prepared by Alex Mog, City Attorney's Office EXECUTIVE SUMMARY: The Control, Regulate and Tax Adult Use of Marijuana Act will be on the November 2016 ballot as Proposition 64 ("Prop. 64"). Prop. 64 would authorize a person 21 years of age or older to plant, cultivate, harvest, dry, or process no more than six living marijuana plants at a private residence. A city may prohibit such cultivation from occurring outdoors, but may only regulate (not prohibit) such cultivation from occurring indoors. Prop. 64 would also create a statewide regulatory scheme for the licensing of businesses conducting non-medical marijuana related activities. However, cities would retain the authority to regulate or completely prohibit such businesses. The proposed ordinance would prohibit non-medical marijuana businesses and deliveries within the City of Dublin, and would prohibit the outdoor cultivation of non-medical marijuana. The proposed ordinance would also adopt regulations for the indoor cultivation of up to six marijuana plants inside a private residence. These sections of the proposed ordinance will only take effect if Prop. 64 is adopted by the voters. Additionally, the proposed ordinance would also clarify that medical marijuana businesses are prohibited within the City. This section of the ordinance will take effect regardless of whether or not Prop. 64 passes. The City would retain the authority to amend the Municipal Code's provisions regarding marijuana in the future, and the proposed amendments would not alter the City's existing prohibitions on medical marijuana deliveries, medical marijuana cultivation, or medical marijuana dispensaries. The Planning Commission is being asked to review the proposed amendments to Chapter 5 and Chapter 8 of the Dublin Municipal Code, and to make a recommendation to the City Council. RECOMMENDATION: Staff recommends that the Planning Commission: 1) Receive Staff presentation; 2) Open the public hearing; 3) Take testimony from the public; 4) Close the public hearing and deliberate; and 5) Adopt a Resolution recommending that the City Council adopt an Ordinance amending Chapter 5.58, Chapter 8.08, and Chapter 8.12 of the Dublin Municipal Code to prohibit non- COPIES TO: File CC ee�� ITEM NO.:J .- Page 1 of 4 G PA120161PLPA-2816-80854 Prop 64 Manjuana Ord\PCSR Prop 64 Ord 9 8 16.docx medical marijuana businesses, medical marijuana businesses, non-medical marijuana deliveries, and the outdoor cultivation of non-medical marijuana, as well as to adopt regulations regarding the indoor cultivation of up to 6 plants of non-medical marijuana 4 < 1l Sub $d By evi ed By City A orney's Office Assistant Community Development Director 2 of 4 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". In 2014, the Legislature adopted the Medical Marijuana Regulation and Safety Act ("MMRSA"), which regulates commercial activities associated with medical marijuana and assigns certain state agencies with regulatory tasks regarding commercial medical marijuana, including product labeling and environmental regulation. The MMRSA, among other matters, authorizes certain state agencies to issue licenses for commercial medical marijuana businesses, but requires such businesses to obtain a state license and any necessary permit, license, or authorization from the local jurisdiction in which the business operates. Neither the Compassionate Use Act, the Medical Marijuana Program Act nor the MMRSA, prevent a city from regulating or prohibiting commercial medical marijuana businesses pursuant to the police power granted to cities in Section 7 of Article XI of the California Constitution. In order to maintain local control over medical marijuana deliveries and cultivation, the MMRSA required a city to have explicit provisions in its municipal code. Accordingly, in December 2015, the Planning Commission recommended that the City Council amend the Municipal Code to prohibit medical marijuana deliveries and to adopt a prohibition on medical marijuana cultivation as part of the Zoning Ordinance. The City Council adopted an ordinance amending the Municipal Code in that manner in January 2016. The Control, Regulate and Tax Adult Use of Marijuana Act will be on the November 2016 ballot as Proposition 64 ("Prop. 64"). Prop. 64, if adopted by the voters, would legalize recreational marijuana. Additionally, Prop. 64 would authorize a person 21 year of age or older to plant, cultivate, harvest, dry, or process no more than six living marijuana plants at a private residence. A city may enact and enforce "reasonable regulations" related to marijuana cultivation, but may not completely prohibit cultivation from occurring inside a private residence or accessory structure. However, cities are authorized to completely prohibit outdoor cultivation. Prop. 64 would also create a statewide regulatory scheme for the licensing of businesses conducting non-medical marijuana related activities, such as cultivation, manufacturing, testing, retail, and distribution. However, cities retain the authority to adopt and enforce local ordinances to regulate marijuana businesses, and are explicitly authorized to completely prohibit the establishment or operation of such businesses. ANALYSIS: In order to clarify that medical marijuana businesses are also prohibited in the City of Dublin, Staff is proposing certain amendments to Chapters 5.58, 8.08 and 8.12 of the Dublin Municipal Code. The proposed amendments will prohibit commercial medical marijuana businesses in every zone within the City The proposed amendments are intended to preserve the City's authority to regulate such businesses in the future. In order to preserve the City's authority to regulate non-medical marijuana activities in the future, Staff is proposing certain amendments to Chapters 5.58, 8.08 and 8.12 of the Dublin Municipal Code. The proposed amendments will prohibit non-medical marijuana businesses and 3 of 4 deliveries within the City, and will also prohibit the cultivation of non-medical marijuana outdoors. Although Prop. 64 would prevent the City from prohibiting the indoor cultivation of up to six marijuana plants at a private residence or accessory structure, the proposed ordinance will adopt regulations for such cultivation. The sections of the ordinance regarding non-medical marijuana will only become operative if Prop 64 is adopted by the voters The proposed amendments would also rename the medical manjuana dispensary and medical marijuana cultivation use types within the Zoning Ordinance, without changing any substantive provisions related to such uses. The renaming will result in better organization of the Zoning Ordinance. The proposed amendments do not alter the City's existing prohibitions on medical marijuana cultivation, medical marijuana deliveries, or medical marijuana dispensaries. The proposed amendments to Chapter 5.58, Chapter 8.08 and Chapter 8.12 of the Dublin Municipal Code prohibit medical marijuana businesses, non-medical marijuana businesses, non-medical marijuana delivers, and the outdoor cultivation of non-medical marijuana in all zones in the City. As required by Prop 64, the proposed amendments would allow the cultivation of up to six marijuana plants inside a private residence or accessory structure in any zone in the City where private residences are allowed. The ordinance is necessary to ensure that the City retains maximum authority and local control regarding marijuana related activities should California voters adopt Prop 64 at the November 2016 election. NOTICING REQUIREMENTS/PUBLIC OUTREACH: A Public Notice was published in the East Bay 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 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. This Ordinance of itself, therefore, has no potential for resulting in significant physical change in the environment, directly or ultimately. ATTACHMENTS: 1. Resolution recommending that the City Council adopt an ordinance amending Chapter 5.58, 8.08 and 8.12 of the Dublin Municipal Code relating to non-medical marijuana deliveries, businesses and cultivation and to medical marijuana businesses with the Draft City Council Ordinance attached as Exhibit A. 2705602 1 4 of 4