HomeMy WebLinkAboutPC Reso 16-22 No Rec to CC Prop 64 Marijuana RESOLUTION 16-22
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING "NO RECOMMENDATION" TO THE CITY COUNCIL REGARDING THE
ADOPTION OF 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 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, 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
1
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
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
2
made in the City or if non-medical marijuana is cultivation 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, 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 was
not able to reach consensus, as evidenced in the minutes, on a recommendation to the City
Council regarding the proposed amendments to the Dublin Municipal Code as set forth in a
proposed ordinance, which is attached hereto as Exhibit A. Therefore, the Planning Commission
forwards the proposed ordinance to the City Council with a recommendation of "No
Recommendation" and with reference to the minutes for a record of the issues the Commission
felt were important but were unable to resolve.
PASSED, APPROVED AND ADOPTED this 13th day of September, 2016 by the following vote
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AYES: Goel, Bhuthimethee
NOES: Kohli
ABSENT: Do, Mittan
ABSTAIN:
Planning Commission Chair
ATTEST:
l �Zi
Assistan Co unity Development Director
2-07127) I
4
ORDINANCE NO. xx — 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
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 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; 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
EXHIBIT A TO
ATTACHMENT I
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 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
2
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:
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.
3
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
strikeeet format indicating deletion and underlined text indicating addition):
Chapter 5.58 Medical-Marijuana Regulations
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-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 foundation, 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.
FR "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.
GG. "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
4
. . . .: : - . -: - . ._ _ . , , . = ' -- :, a •- - � le
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 ora 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.
"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.
M€. "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.
5
Q6. "Qualified patient"shall have the meaning given that term by Health and Safety 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.
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 mariluana 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 in conformance with the following minimum
standards:
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A. The primary use of the property shall be fora 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.
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 ape.
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:
Manjuana - 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):
Mariivana - Medical Marijuana Cultivation. See definition of "medical marijuana cultivation" in
Section 5.58.010(43).
Mariivana - 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:
AGRICULTURAL A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2
USE TYPE
Marijuana — P P P P - - P P P P P
Non-Medical
8
Cultivation (up to 6
plants)3
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 A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2
USE TYPE
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 A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2
USE TYPE
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 follows(with text in strikeout format
indicating deletion and underlined text indicating addition):
AGRICULTURAL A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2
USE TYPE
Marijuana -Medical - - - - - - - - - - -
Marijuaaa
Cultivation
COMMERCIAL A R-1 R-2 R•M C-O C-N C-1 C-2 M-P M-1 M-2
USE TYPE
Marijuana- - - - - - - - - - - -
Medical Marijuana
Dispensary
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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 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
UJ