HomeMy WebLinkAbout5.2 Att 1 PC Reso Rec to CC Marijuana Ordinance RESOLUTION 16-XX
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING
CHAPTERS 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
PLPA-2016-00054
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 at 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, Business and Professions Code section 19300 et seq., the Medical
Marijuana Regulation and Safety Act ("MMRSA"), which was adopted by the Legislature in
2015, 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; and
WHEREAS, the CUA, MMPA, and MMRSA do not prevent a city from using its
constitutional authority to enact nuisance and land use regulations regarding medical marijuana
cultivation, dispensaries or commercial businesses, including the ability to enact a prohibition on
such activities; and
WHEREAS, the MMRSA, among other matters, authorizes certain state agencies to
issue licenses for commercial medical marijuana businesses, and Business and Professions
Code section 19320 requires commercial medical marijuana businesses to obtain a state
license and any necessary permit, license, or authorization from the local jurisdiction in which
the business operates; and
WHEREAS, Business and Professions Code section 19316 specifically recognizes that a
city may regulate commercial medical marijuana businesses pursuant to the police power
granted to cities in Section 7 of Article XI of the California Constitution; and
WHEREAS, the Control, Regulate and Tax Adult Use of Marijuana Act has qualified for
the November 8, 2016 ballot as Proposition 64; and
WHEREAS, if adopted by the voters, Proposition 64 will legalize the recreational use of
marijuana in California for individuals 21 years of age and older; and
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WHEREAS, Proposition 64 would authorize the personal cultivation of up to six
marijuana plants in a private residence for non-medical purposes; and
WHEREAS, pursuant to Proposition 64, the City can enact reasonable regulations for the
cultivation of non-medical marijuana that occurs inside a residence or accessory structure, and
may completely prohibit outdoor non-medical marijuana cultivation until such time as the
California Attorney General determines that the non-medical use of marijuana is lawful in
California under federal law; and
WHEREAS, the California Attorney General has not made a determination that non-
medical use of marijuana is lawful in California under Federal law; and
WHEREAS, if adopted by the voters, Proposition 64 would regulate the commercial
activity of non-medical marijuana and assign certain state agencies with regulatory tasks
regarding commercial non-medical marijuana, including product labeling and environmental
regulation; and
WHEREAS, Proposition 64 would authorize certain state agencies to issue licenses for
commercial non-medical marijuana businesses, and
WHEREAS, Proposition 64 would adopt Business and Professions Code section 26200,
which would specifically recognize that a city may regulate or completely prohibit the
establishment or operation of one or more types of non-medical marijuana businesses licensed
by the state within the city's jurisdiction; and
WHEREAS, Proposition 64 would authorize certain licensed businesses to make
deliveries of non-medical marijuana, if such businesses are acting in compliance with local law
adopted pursuant to Business and Professions Code section 26200; and
WHEREAS, Sections 5.58.030 and 8.12.050 of the Dublin Municipal Code prohibit
medical marijuana cultivation in or upon any premises or property in the City; and
WHEREAS, Sections 5.58.020 and 8.12 050 of the Dublin Municipal Code prohibit
medical marijuana dispensaries from operating in or upon any premises or property in the City;
and
WHEREAS, Sections 5.58.040 of the Dublin Municipal Code prohibits medical marijuana
delivery in or upon any premises or property in the City; 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 it is reasonable to
assume that the cultivation of non-medical marijuana, the operation of marijuana businesses of
any kind, and the delivery of non-medical marijuana will have similar impacts; and
WHEREAS, there is a threat to the public health, safety and welfare of the community if
marijuana businesses or any kind operate in the City or if non-medical marijuana deliveres are
made in the City or if non-medical marijuana is cultivation without regulations in the City, and
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such activities may result in harmful effects to 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 its limits all local police, sanitary and other ordinances and regulations not in
conflict with general laws; and
WHEREAS, amendments to Chapter 5.58, 8.08 and 8.12 of the Dublin Municipal Code to
prohibit commercial medical and non-medical marijuana businesses, non-medical marijuana
deliveries, and the outdoor cultivation of non-medical marijuana, as well as to regulate the
indoor cultivation of medical marijuana, will ensure that the City of Dublin retains the maximum
amount of local control over marijuana related activities as possible under California law; and
WHEREAS, the proposed amendments to the Zoning Ordinance are set forth in a
proposed ordinance, which is attached hereto as Exhibit A; 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; and
WHEREAS, a Staff Report was submitted to the City of Dublin Planning Commission
recommending approval of the proposed amendments; and
WHEREAS, the Planning Commission held a public hearing on said application on
September 13, 2016; 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 ordain as follows:
1. The above recitals are true and correct and incorporated herein.
2. Pursuant to Government Code section 65855 and Dublin Municipal Code section
8.120.050(B), the Planning Commission finds that the proposed amendments to the Dublin
Zoning Ordinance are consistent with the Dublin General Plan and all applicable Specific Plans.
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3. The Planning Commission hereby recommends that the City Council approve
amendments to Chapter 5.58, Chapter 8.08, and Chapter 8 12 of the Dublin Municipal Code as
described in Exhibit A to this Resolution.
PASSED, APPROVED AND ADOPTED this 13th day of September, 2016 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chair
ATTEST:
Assistant Community Development Director
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