HomeMy WebLinkAboutItem 4.7 - 1166 Ordinance Regulating Non-Medical Marijuana
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STAFF REPORT
CITY COUNCIL
DATE: September 20, 2016
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
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
Prepared by: John D. Bakker, City Attorney
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 possess and use marijuana and to cultivate up to six living marijuana
plants at a private residence. It allows cities and counties to prohibit marijuana
businesses and outdoor cultivation and to regulate (but not prohibit) indoor cultivation of
six or fewer plants.
In order to preserve the City Council's discretion to regulate non -medical marijuana to
the greatest extent possible, the proposed ordinance would, if Prop. 64 passes, 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 regulate the indoor cultivation of up to six marijuana plants inside a private
residence or accessory structure. The City would retain the authority to amend the
Municipal Code’s provisions regarding marijuana in the future as the industry develops.
STAFF RECOMMENDATION:
Staff recommends that the City Council waive the reading and INTRODUCE an
Ordinance of the City of Dublin 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.
FINANCIAL IMPACT:
None.
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DESCRIPTION:
California voters enacted the Compassionate Use Act (“CUA”) in 1996 to permit the
possession and cultivation of marijuana for limited medical treatment purposes. In
2004, the Legislature adopted the Medical Marijuana Progr am Act (“MMPA”) 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 Sa fety 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.
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. State agencies have not begun issuing
licenses for medical marijuana businesses yet, but they anticipate doing so in 2017.
CUA, MMPA, and MMRSA allow a city to regulate or prohibit 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,
MMRSA required a city to have explicit provisions in its municipal co de. Accordingly, in
January 2016, the City Council amended the Municipal Code to prohibit medical
marijuana deliveries and to prohibit medical marijuana cultivation as part of the Zoning
Ordinance.
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 non-medical (recreational) marijuana use. Additionally, 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 enact and
enforce “reasonable regulations” related to such marijuana cultivation, but it 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 they are
explicitly authorized to prohibit the establishment or ope ration of such businesses.
ANALYSIS:
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 a mendments will prohibit non-medical marijuana
businesses and deliveries within the City, and they 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 in a private residence or
accessory structure, the proposed ordinance will adopt regulations for such cultivation.
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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 marijuana 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 b etter
organization of the Zoning Ordinance.
In order to clarify that all medical marijuana businesses are 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.
The proposed amendments to Chapter 5.58, Cha pter 8.08 and Chapter 8.12 of the
Dublin Municipal Code prohibit medical marijuana businesses, non-medical marijuana
businesses, non-medical marijuana deliveries, and the outdoor cultivation of non -
medical marijuana in all zones in the City. As required b y 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 Cit y retains maximum authority
and local control regarding marijuana related activities should California voters adopt
Prop. 64 at the November 2016 election. The proposed amendments do not alter the
City’s existing prohibitions on medical marijuana cultivation, medical marijuana
deliveries, or medical marijuana dispensaries.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The Planning Commission held a duly noticed public hearing on the proposed
amendments on September 13, 2016. The Planning Commission discussed t he
proposed Ordinance but was not able to reach a consensus on a recommendation
regarding the adoption of the proposed Ordinance. At the conclusion of the public
hearing, the Planning Commission adopted a resolution with no recommendation
regarding the City Council adoption of the proposed amendments.
A public hearing before the City Council on the proposed amendments is scheduled to
occur on October 4, 2016. Staff will issue all required public notices for such hearing.
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 itself, therefore, has no potential for resulting in significant
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physical change in the environment, directly or ultimately.
ATTACHMENTS:
1. Proposed 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
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ORDINANCE NO. __ - 16
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * * * * *
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
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, 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.
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.
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.
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.
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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
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
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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 of any kind operate in the City or if non-medical marijuana
deliveries are made in the City or if non-medical marijuana is cultivated without
regulations in the City, and 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, the City Council desires to exercise its authority under Article XI, Section 7
of the California Constitution and Business and Professions Code sections 9316 and
26200 to prohibit all commercial medical marijuana businesses and commercial non -
medical marijuana businesses from operating in the City of Dublin, and to also prohibit
the delivery of non-medical marijuana in the City of Dublin; and
WHEREAS, the City Council desires to adopt regulations regarding the indoor
cultivation of non-medical marijuana in a private residence and to prohibit all other forms
of non-medical marijuana cultivation; and
WHEREAS, the City Council also desires to rename the medical marijuana dispensary
and medical marijuana cultivation use types, without changing any substantive
provisions related to such uses; and
WHEREAS, the City Council desires that those portions of this ordinance regarding
non-medical marijuana shall only take effect if Proposition 64 is approved by the voters
of California at the election occurring on November 8, 2016; and
WHEREAS, the Planning Commission held a duly noticed public hearing on the
proposed amendments on September 13, 2016, at which time all interested parties had
the opportunity to be heard. Following the public hearing, the Planning Commission
recommended that the City Council adopt the amendments; and
WHEREAS, the City Council held a duly noticed public hearing on the proposed
amendments on October 4, 2016 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:
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SECTION 1:
The above recitals are true and correct and incorporated herein.
SECTION 2:
Section 5.58.010, Definitions, of the Dublin Municipal Code is hereby amended to
include the following definition:
“Commercial medical marijuana business” means any activity licensed pursuant to the
Medical Cannabis Regulation and Safety Act, Business and Professions Code section
19300 et seq., including but not limited to medical marijuana cultivation, distribution,
manufacturing, transporting and testing.
SECTION 3:
Section 5.58.050, Operation of commercial medical marijuana businesses prohibited, is
hereby added to the Dublin Municipal Code to read as follows:
5.58.050 Operation of commercial medical marijuana businesses prohibited.
No person shall operate or permit to be operated a commercial medical marijuana
business in or upon any premises or property in the city.
SECTION 4:
Chapter 5.58 of the Dublin Municipal Code is hereby amended to read as follows
(with text in strikeout format indicating deletion and underlined text indicating addition):
Chapter 5.58 Medical Marijuana Regulations 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. “Commercial medical marijuana business” means any activity licensed pursuant
to the Medical Cannabis Regulation and Safety Act, Business and Professions Code
section 19300 et seq., including but not limited to medical marijuana cultivation,
distribution, manufacturing, transporting and testing
B. “Commercial non-medical marijuana business” means any activity licensed by
Business and Professions Code section 26000 et seq., including but not limited to non -
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medical marijuana cultivation, distribution, manufacturing, retail, testing, and operation
of a microbusiness.
C. “Fully enclosed and secure structure means” a space within a building that
complies with the applicable building code, and has a complete roof enclosure
supported by connecting walls extending from the ground to the roof, a foundati on, slab
or equivalent base to which the floor is secured by bolts or similar attachments, is
secure against unauthorized entry, and is accessible only through one or more lockable
doors. Walls and roof must be constructed of solid materials that cannot be easily
broken through, and must be constructed with non-transparent material.
D. “Indoors” means inside a fully enclosed and secure structure or within a private
residence.
EA. “Medical marijuana” is marijuana authorized in strict compliance with Health and
Safety Code Section 11362.5 et seq.
FB. “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.
GC. “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.
HD. “Medical marijuana cultivation” means any activity involving the planting, growing,
harvesting, drying, curing, grading or trimming of medical marijuana.
Outdoors means any location within the city that is not within a fully enclosed and
secure structure or a private residence.
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I. “Non-medical marijuana” means marijuana that is intended to be used for non-
medical purposes pursuant to Health and Safety Code section 11362.1 et seq.
J. “Non-Medical Marijuana Cultivation” means the planting, growing, harvesting,
drying or processing of marijuana plants or any part thereof pursuant to Health and
Safety Code section 11362.1 et seq., as those sections may be amended from time to
time.
K. “Non-medical marijuana delivery” means the commercial transfer of non-medical
marijuana or non-medical marijuana products to a person, including any technology that
enables persons to arrange for or facilitate the commercial transfer of non-medical
marijuana or non-medical marijuana products.
L. “Non-medical marijuana products” means non-medical marijuana that has
undergone a process whereby the plant material has been transformed into a
concentrate, including, but not limited to, concentrated cannabis, or an edible or tropical
product containing marijuana or concentrated cannabis and other ingredients.
ME. “Person with an identification card” shall have the meaning given that term by
Health and Safety Code Section 11362.7.
N. “Person” means any individual, partnership, co-partnership, firm, association,
joint stock company, corporation, limited liability corporation, collective, cooperative, or
combination thereof in whatever form or character.
OF. “Primary caregiver” shall have the meaning given that term by Health and Safety
Code Section 11362.7.
P. “Private residence” means a house, an apartment unit, a mobile home or other
similar dwelling.
QG. “Qualified patient” shall have the meaning given that term by Health and Safe ty
Code Section 11362.7.
R. “Solid fence “means a fence constructed of substantial material, such as wood or
metal, that prevents viewing the contents from one side to the other side of the fence.
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.
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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
5.58.050 Operation of commercial medical marijuana businesses prohibited.
No person shall operate or permit to be operated a commercial medical marijuana
business in or upon any premises or property in the city.
5.58.060 Non-medical marijuana delivery prohibited.
No person shall engage in non-medical marijuana delivery in or upon any premises or
property in the city.
5.58.070 Operation of commercial non-medical marijuana businesses prohibited.
No person shall operate or permit to be operated a commercial non-medical marijuana
business in or upon any premises or property in the city.
5.58.080 Outdoor non-medical marijuana cultivation.
No person shall engage in outdoor non-medical marijuana cultivation in or upon any
premises or property in the city.
5.58.090 Indoor non-medical marijuana cultivation.
No person shall engage in the indoor cultivation of non -medical marijuana in or upon
any premises or property in the city, except when such cultivation occurs on a premises
or property with an approved private residence. Such cultivation shall be i n
conformance with the following minimum standards:
A. The primary use of the property shall be for a residence. Non-medical marijuana
cultivation is prohibited as a home occupation.
B. All areas used for cultivation of non-medical marijuana shall comply with all
chapter of Title 7 (Public Works) of the Dublin Municipal Code, as well as
applicable law.
C. Indoor grow lights shall not exceed 1,000 watts per light, and shall comply with
the California Building, Electrical and Fire Codes as adopted by the city.
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D. The use of gas products (CO2, butane, propane, natural gas, etc.) or generators
for cultivation of non-medical marijuana is prohibited.
E. Any fully enclosed and secure structure or residential structure used for the
cultivation of non-medical marijuana must have a ventilation and filtration system
installed that shall prevent marijuana plant odors from exiting the interior of the
structure and that system shall comply with all chapters of Title 7 (Public Works)
of the Dublin Municipal Code.
F. A fully enclosed and secure structure used for the cultivation of non-medical
marijuana shall be located in the rear yard area of the parcel or premises, and
must maintain a minimum ten-foot setback from any property line and otherwise
comply with all chapters of Title 8 (Zoning Code). The yard where the fully
enclosed and secure structure is maintained must be enclosed by a solid fence
at least six feet in height. This provision shall not apply to cultivation occurring in
a garage.
G. Adequate mechanical locking or electronic security systems must be installed as
part of the fully enclosed and secure structure or the residential structure prior to
the commencement of cultivation.
H. Non-medical marijuana cultivation shall be limited to six marijuana plants per
private residence, regardless of whether the marijuana is cultivated inside the
residence or a fully enclosed and secure structure. The limit of six plants per
private residence shall apply regardless of how many individuals reside at the
private residence.
I. The residential structure shall remain at all times a residence, with legal and
functioning cooking, sleeping and sanitation facilities with proper ingress and
egress. These rooms shall not be used for non-medical marijuana cultivation
where such cultivation will prevent their primary use for cooking of meals,
sleeping and bathing.
J. Cultivation of non-medical marijuana shall only take place on impervious
surfaces.
K. From a public right-of-way, there shall be no exterior evidence of non-medical
marijuana cultivation occurring on the parcel.
L. Non-medical marijuana cultivation area, whether in a fully enclosed and secure
structure or inside a residential structure, shall not be accessible to persons
under 21 years of age.
M. Written consent of the property owner to cultivate non -medical marijuana within
the residential structure shall be obtained and shall be kept on the premises, and
available for inspection by the chief of police or his/her designee.
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N. A portable fire extinguisher, that complies with the regulations and standards
adopted by the state fire marshal and applicable law, shall be kept in the fully
enclosed and secure structure used for cultivation of non-medical marijuana. If
cultivation occurs in a residential structure, the portable fire extinguisher shall be
kept in the same room as where the cultivation occurs.
SECTION 5:
Section 8.08.020 (Definitions (A-Z)) of Title 8 of the Dublin Municipal Code is hereby
amended to add the following definitions:
Marijuana - Non-Medical Cultivation. See definition of “non-medical marijuana
cultivation” in Section 5.58.010. Marijuana - Non-Medical Cultivation must be in
compliance with the requirements of Chapter 5.58.
Marijuana - Commercial Non-Medical Business. See definition of “commercial non-
medical marijuana business” in Section 5.58.010.
SECTION 6:
Section 8.08.020 (Definitions (A-Z)) of Title 8 of the Dublin Municipal Code is hereby
amended to add the following definitions:
Marijuana - Commercial Medical Business. See definition of “commercial medical
marijuana business” in Section 5.58.010.
SECTION 7:
The following definitions contained in Section 8.08.020 (Definitions (A-Z)) of Title 8 of the
Dublin Municipal Code are hereby amended to read as follows (with text in strikeout format
indicating deletion and underlined text indicating addition):
Marijuana - Medical Marijuana Cultivation. See definition of “medical marijuana
cultivation” in Section 5.58.010(D).
Marijuana - Medical Marijuana Dispensary. See definition of “medical marijuana
dispensary” in Section 5.58.010(C).
SECTION 8:
Section 8.12.050 (Permitted and Conditionally Permitted Land Uses) of Title 8 of the Dublin
Municipal Code is hereby amended to add Non -Medical Marijuana Cultivation as an
Agricultural Use Type and to establish the zoning districts in which such use is allowed, to
read as follows:
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AGRICULTURAL
USE TYPE
A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2
Marijuana –
Non-Medical
Cultivation (up to
6 plants)3
P P P P - - P P P P P
3 Non-medical marijuana cultivation must comply with all regulations contained in Chapter 5.58.
SECTION 9:
Section 8.12.050 (Permitted and Conditionally Permitted Land Uses) of Title 8 of the Dublin
Municipal Code is hereby amended to add Commercial Medical Marijuana Businesses as a
Commercial Use Type and to prohibit the use in every zoning district, to read as follows:
COMMERCIAL
USE TYPE
A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2
Marijuana –
Commercial
Medical
Business
- - - - - - - - - - -
SECTION 10:
Section 8.12.050 (Permitted and Conditionally Permitted Land Uses) of Title 8 of the Dublin
Municipal Code is hereby amended to add Commercial Non-Medical Marijuana Businesses
as a Commercial Use Type and to prohibit the use in every zoning district, to read as
follows:
COMMERCIAL
USE TYPE
A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2
Marijuana –
Commercial
Non-Medical
Business
- - - - - - - - - - -
SECTION 11:
Section 8.12.050 (Permitted and Conditionally Permitted Land Uses) of Title 8 of the Dublin
Municipal Code is hereby amended to change the name of the “medical marijuana
cultivation” use contained in the Agricultural Use Types table and the name of the “medical
marijuana dispensary” use contained in the Commercial Use Types table, to read as
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follows (with text in strikeout format indicating deletion and underlined text indicating
addition):
AGRICULTURAL
USE TYPE
A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2
Marijuana -
Medical
Marijuana
Cultivation
- - - - - - - - - - -
COMMERCIAL
USE TYPE
A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2
Marijuana-
Medical
Marijuana
Dispensary
- - - - - - - - - - -
SECTION 12: 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 13: 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 14: Effective Date and Posting of Ordinance
This Ordinance shall be in full force and effective thirty (30) days after its adoption, except
that Sections 4, 5, 7, 8 and 10 of this Ordinance shall only become operative upon adoption
of Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act, by the voters
of California at the election occurring on November 8, 2016. The City Clerk of the City of
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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
2702855.3