Loading...
HomeMy WebLinkAboutAgenda Packet Document cc 01-05-15 #2AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY 4,- CALIFORNIA - NATIONAL City `NCo$poRATBD RON MORRISON Mayor JERRY CANO Vice Mayor ALBERT MENDIVIL Councilmember MONA RIOS Councilmember ALEJANDRA SOTELO-SOLIS Councilmember 1243 National City Blvd. National City 619-336-4240 Meeting agendas and minutes available on web WWW.NATIONALCITYCA. GOV COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CALIFORNIA TUESDAY, JANUARY 5, 2016 - 6:00 PM ORDER OF BUSINESS: Public sessions of all Regular Meetings of the City Council / Community Development Commission - Housing Authority (hereafter referred to as Elected Body) begin at 6:00 p.m. on the first and third Tuesday of each month. Public Hearings begin at 6:00 p.m. unless otherwise noted. Closed Sessions begin at 5:00 p.m. or such other time as noted. If a workshop is scheduled, the subject and time of the workshop will appear on the agenda. The Mayor and Council members also sit as the Chairperson and Members of the Board of the Community Development Commission (CDC). REPORTS: All open session agenda items and reports as well as all documents and writings distributed to the Elected Body less than 72 hours prior to the meeting, are available for review at the entry to the Council Chambers. Regular Meetings of the Elected Body are webcast and archived on the City's website www.nationalcityca.gov. PUBLIC COMMENTS: Prior to the Business portion of the agenda, the Elected Body will receive public comments regarding any matters within the jurisdiction of the City and/or the Community Development Commission. Members of the public may also address any item on the agenda at the time the item is considered by the Elected Body. Persons who wish to address the Elected Body are requested to fill out a "Request to Speak" form available at the entrance to the City Council Chambers, and turn in the completed form to the City Clerk. The Mayor or Chairperson will separately call for testimony of those persons who have turned in a "Request to Speak" form. If you wish to speak, please step to the podium at the appropriate time and state your name and address (optional) for the record. The time limit established for public testimony is three minutes per speaker unless a different time limit is announced. Speakers are encouraged to be brief. The Mayor or Chairperson may limit the length of comments due to the number of persons wishing to speak or if comments become repetitious or irrelevant. WRITTEN AGENDA: With limited exceptions, the Elected Body may take action only upon items appearing on the written agenda. Items not appearing on the agenda must be brought back on a subsequent agenda unless they are of a demonstrated emergency or urgent nature, and the need to take action on such items arose after the agenda was posted. CONSENT CALENDAR: Consent calendar items involve matters which are of a routine or noncontroversial nature. All consent items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of CC/CDC-HA Agenda 1/5/2016 — Page 2 the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Elected Body Meetings. Audio headphones are available in the lobby at the beginning of the meeting. Audio interpretacion en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. COUNCIL REQUESTS THAT ALL CELL PHONES AND PAGERS BE TURNED OFF DURING CITY COUNCIL MEETINGS. CC/CDC-HA Agenda 1/5/2016 — Page 3 OPEN TO THE PUBLIC A. CITY COUNCIL CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG PUBLIC COMMENTS (THREE -MINUTE TIME LIMIT) PROCLAMATIONS AWARDS AND RECOGNITIONS PRESENTATIONS INTERVIEWS / APPOINTMENTS CONSENT CALENDAR 1. Motion of the City Council of the City of National City approving the waiving of the reading of the text of the Ordinances considered at this meeting and providing that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) PUBLIC HEARINGS 2. City Council consideration of the recommendation by the City of National City Planning Commission that the City Council adopt an Ordinance to amend Title 18 (Zoning) adding section 18.30.345 to regulate the cultivation of medical marijuana and to not adopt an Ordinance to amend Title 18 (Zoning) adding section 18.30.345 to prohibit the cultivation of medical marijuana; City Council may approve, modify or disapprove the recommendation of the Planning Commission; both Ordinances previously before the Planning Commission (regulation and prohibition) may be considered by the City Council at this public hearing. (Applicant City - Initiated) (Case File 2015-07 A) (Planning) ORDINANCES FOR INTRODUCTION 3. An Ordinance of the City Council of the City of National City adding Section 18.30.345 of the National City Municipal Code to prohibit cultivation of marijuana. (Applicant: City -Initiated) (Case File 2015-25 A) (Planning) CC/CDC-HA Agenda 1/5/2016 - Page 4 4. An Ordinance of the City Council of the City of National City adding Section 18.30.345 of the National City Municipal Code to regulate the cultivation of marijuana for qualified patients and primary caregivers. (Applicant: City -Initiated) (Case File 2015-25 A) (Planning) ORDINANCES FOR ADOPTION NON CONSENT RESOLUTIONS NEW BUSINESS 5. Notice of Decision - Planning Commission approval of a Conditional Use Permit for an indoor recreation use to be located at 2602 Transportation Avenue. (Applicant: Jason Richard) (Case File 2015-27 CUP) (Planning) B. COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY PUBLIC HEARINGS- HOUSING AUTHORITY CONSENT RESOLUTIONS- HOUSING AUTHORITY NON CONSENT RESOLUTIONS- HOUSING AUTHORITY NEW BUSINESS- HOUSING AUTHORITY C. REPORTS STAFF REPORTS MAYOR AND CITY COUNCIL CLOSED SESSION REPORT ADJOURNMENT Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday - January 19, 2016 - 6:00 p.m. - Council Chambers - National City, California. CC/CDC-HA Agenda 1/5/2016 — Page 5 The following page(s) contain the backup material for Agenda Item: Motion of the City Council of the City of National City approving the waiving of the reading of the text of the Ordinances considered at this meeting and providing that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) ITEM #1 01-05-16 MOTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE WAIVING OF THE READING OF THE TEXT OF THE ORDINANCES CONSIDERED AT THIS MEETING AND PROVIDING THAT SUCH ORDINANCES SHALL BE INTRODUCED AND/OR ADOPTED AFTER A READING OF THE TITLE ONLY. (CITY CLERK) CC/CDC-HA Agenda 1/5/2016 — Page 7 The following page(s) contain the backup material for Agenda Item: City Council consideration of the recommendation by the City of National City Planning Commission that the City Council adopt an Ordinance to amend Title 18 (Zoning) adding section 18.30.345 to regulate the cultivation of medical marijuana and to not adop CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 5, 2016 AGENDA ITEM NO. ITEM TITLE: !City Council consideration of the recommendation by the City of National City Planning Commission that the City Council adopt an Ordinance to amend Title 18 (Zoning) adding section 18.30.345 to regulate the cultivation of medical marijuana and to not adopt an Ordinance to amend Title 18 (Zoning) adding section 18.30.345 to prohibit the cultivation of medical marijuana; City Council may approve, modify or disapprove the recommendation of the Planning Commission; both Ordinances previously before the Planning Commission (regulation and prohibition) may be considered by the City Council at this public hearing. (Applicant City -Initiated) (Case File 2015-07 A) PREPARED BY: ;Martin ee er, AICP DEPARTMENT: ;Pia PHONE: 1619--336-4313 APPROVED "BY EXPLANATION: The City is seeking an amendment to the Municipal Code in order to address the cultivation of marijuana. The amendment is needed in order to respond to recent changes in state law scheduled to take effect on March 1, 2016. The Planning Commission initiated the amendment on November 2, 2015 and asked staff to return with options for both regulation and prohibition of medical marijuana cultivation. The Commission held public hearings on November 23, and December 7, 2016 and ultimately recommended approval of a regulation Ordinance and did not recommend adoption of a prohibition Ordinance. The attached background report describes the proposal in detail. Ordinances for both prohibition and regulation of medical marijuana cultivation are attached as part of the Planning Commission Resolution making the recommendation (Attachment No. 4). The Council may approve, modify, or disapprove the recommendation of the Planning Commission. The Council may choose to introduce either of these Ordinances, both of which are separate items on tonight's agenda. Whichever Ordinance is introduced will need to be adopted at thiT regular meeting of January 19, 2016 in order to meet the State's deadline of March 1, 2016 FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: Not a project per CEQA ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Recommend approval of an Amendment prohibiting marijuana cultivation. BOARD / COMMISSION RECOMMENDATION: !The Planning Commission recommended adoption of an Ordinance regulating medical marijuana cultivation. Ayes: Bush, Flores, Garcia, Yamane Nays: Alvarado, Baca, DeLaPaz ATTACHMENTS: . Background report 5. Planning Commission staff reports 2. Recommended Findings 6. Correspondence received by staff on the item 3. Assembly Bill 243 7. Public Notice 4. Planning Commission Resolution with Ordinances for Regulation & Prohibition BACKGROUND REPORT Overview The City is seeking an amendment to the Municipal Code in order to address the cultivation of marijuana. The amendment is needed in order to respond to recent changes in state law scheduled to take effect in 2016. Previous Action The Planning Commission initiated a Municipal Code Amendment to address marijuana cultivation at their regular meeting of November 2, 2015. The Commission asked staff to return with options for both the regulation and prohibition of medical marijuana cultivation. Although staff had originally suggested an amendment covering deliveries of marijuana and mobile marijuana dispensaries in addition to cultivation, the Commission chose to initiate an amendment that only addresses marijuana cultivation. The Commission requested options for both regulation and prohibition. The Planning Commission conducted a Public Hearing at a Special Meeting held on November 23, 2016. Staff recommended prohibition due to the short timeframe of the State legislation. Staff explained that there was not enough time to craft a thoughtfully - prepared Ordinance in enough time to meet the State deadline of March 1, 2016. The point was made that prohibition now would not preclude future regulation. The City of San Diego's marijuana cultivation Ordinance was provided to Commission as a framework for a possible regulation Ordinance. The Planning Commission adopted a resolution recommending an Ordinance regulating medical marijuana modeled on San Diego regulations. As an ordinance regulating medical marijuana had not yet been drafted, a public hearing with the draft ordinance as well as the other ordinance was presented to the Planning Commission on December 7, 2016 for their recommendation. The Planning Commission ultimately recommended approval of a regulation Ordinance and did not recommend adoption of a prohibition Ordinance. State Legislation In 1996 California voters adopted Proposition 215, which is known as _the CrieripassiOnate Use Act ("CUA"), which is codified as Health & Safety Code Section 11362.5, to allow for the use of medical marijuana for medicinal purposes. The CUA exempts qualified patients and their primary caregivers from criminal liability under state law for the possession and cultivation of marijuana for personai medical use. A qualified patient is an individual who has received a physician's recommendation for the use of marijuana for a medical purpose. A primary caregiver is someone who has consistently assumed responsibility for the housing, health, or safety of a qualified patient. In 2003 the State Legislature adopted the Medical Marijuana Program ("MMP") in Health & Safety Code Section 11362.7 et seq. to clarify lawful medical marijuana practices such as who may possess marijuana and how much of the plant can be cultivated, and to establish a voluntary identification card program. The MMP provides that local agencies may regulate the location, operation, or establishment of a medical marijuana cooperative or collective. In addition, the MMP provides that a qualified patient or primary caregiver may grow or keep no more than 6 mature or 12 immature marijuana plants, or 8 ounces of dried marijuana (per qualified patient), and that local agencies may set higher limits for the amount of plants or dried marijuana that a qualified patient or primary caregiver may grow or keep. In 2012 the City Council adopted Ordinance 2012-2372 to prohibit medical marijuana dispensaries in the City as codified in National City Municipal Code Section 18.30.340. On October 9, 2015, Governor Brown approved the Medical Marijuana Regulation and Safety Act ("The Act"), which establishes comprehensive, statewide licensing regulations for commercial medical marijuana activity that respect local control, protect patients, promote public safety, and preserve the environment. The Act is comprised of three separate bills: Senate Bill 643 (McGuire), Assembly Bill 266 (Banta, Cooley, Lackey and Jones -Sawyer), and Assembly Bill 243 (Wood). Only AB 243 and AB 266 affect local regulations. In general, AB 243 relates to medical marijuana cultivation; and, AB 266 relates to deliveries and mobile dispensaries. AB 243 provides that no person or entity may cultivate medical marijuana without a state license (which is a program to be developed under the new law), and a license, permit or other entitlement from the local jurisdiction in which the cultivation would occur. Under AB 243, a local agency may issue or deny permits for the cultivation of medical marijuana provided any conditional use permit is at least as stringent as the State's licensing requirements (which are yet to be developed) and the local agency must have land use regulations or ordinances in place no later than March 1, 2016, or the State becomes the sole licensing authority for medical marijuana cultivationinthat local jurisdiction. Pursuant to AB 243, cultivation of marijuana for personal medical use by a qualified patient of less than 100 square feet and cultivation of marijuana by a primary caregiver of less than 500 square feet for no more than 5 qualified patients without remuneration — except for the allowed compensation under the MMP - are exempt activities from the 2 licensing requirements of The Act; provided, however, that local agencies may regulate or ban the cultivation, storage, manufacture, transport, provision or other related activities of exempt medical marijuana activities. The City's Land Use Code does not specifically regulate or prohibit the cultivation of medical marijuana; however, the City's Land Use Code is a "permissive zoning" code. This means that uses not expressly permitted are prohibited. Accordingly, cultivation is not currently allowed in National City as it is not specifically permitted by the Land Use Code. In order to ensure clarity in the light of recent enactment of The Act, and to affirmatively retain local land use control on this issue, the Land Use Code should be updated to be specific as to the prohibition or regulation of cultivation. Proposal The general purpose of the amendment is to amend the chapter to address medical marijuana cultivation. Staff is recommending prohibition of marijuana cultivation because additional time is needed to research potential effects of recent legislation and to fully vet other ordinances prior to using them as a framework for the City of National City. As previously mentioned, prohibition now would not preclude future regulation. Ordinances for both the prohibition and regulation of medical marijuana are before you for consideration. The Ordinances are attached as part of the Planning Commission Resolution making the recommendation (Attachment No. 4); the Planning Commission is recommending a regulatory Ordinance. Planning Commission Recommendation The Planning Commission had both a regulatory ordinance and prohibitory ordinance before them for consideration. The regulatory ordinance before them contained various options, which are summarized below. Overall, the Planning Commission recommended a regulatory ordinance, based on the San Diego model, allowing for cultivation in residential and mixed -use zones by qualified patients and primary caregivers, allowing for cultivation in the !L zone for primary caregivers, allowing for outdoor cultivation, and requiring a Conditional Use Permit for primary caregivers seeking to exceed established limits. The recommended ordinance is attached as "Attachment A" of Planning Commission Resolution 2015-27 (a). The prohibitory ordinance was not recommended, and is at$ached as "Attachment B" of Planning Commission Resolution 2015-27 (a). This resolution is included as Attachment 4 on the Council Agenda Statement for this item. 3 Regulatory ordinance options before Planning Commission Based on direction and comments from the Planning Commission, the provided regulatory Ordinance provided three different options for review and consideration. The three options were for the permissible amounts of marijuana based on City of San Diego regulations, State minimum levels, and State maximum levels. In addition, options were provided regarding a Conditional Use Permit. Lastly, the zones in which cultivation may occur were specified, and options were provided related to outdoor cultivation. C. State Identification Card Holders: Permissible Amounts of Marijuana Option 1 (based on San Diego model) A person in possession of a current and valid state identification card and who is within the jurisdictional limits of the City, is not subject to arrest for possession of marijuana, or detention by law enforcement longer than necessary to verify his or her status, or seizure by law enforcement of marijuana in his or her possession, if the amount of marijuana possessed is within the following limits: 1. Processed Marijuana - Qualified Patients. An individual who is a qualified patient may possess the total amount of processed marijuana, regardless of growing method, recommended by his or her physician for the length of time recommended by the physician, not to exceed one pound, or an amount consistent with the physician's recommendation, whichever is less. 2. Processed Marijuana - Primary Caregivers. An individual who is a primary caregiver may possess processed marijuana not to exceed one pound for each qualified patient for whom the individual serves as a verified primary caregiver, or an amount consistent with the recommendation of the physician or physicians, whichever is less, except that such amount shall not exceed a total of two pounds. 3. Indoor Plants - Qualified Patients. A qualified patient may possess a maximum of twenty-four unharvested marijuana plants growing in an area of no more than 64 square feet, or an amount consistent with the physician's recommendation, whichever is less. 4. Moot Plants - Primary Caregivers. A primary caregiver may possess a maximum of twenty-four unharvested marijuana plants growing in an area of no more than 64 square feet for each qualified patient for whom the individual serves as a primary caregiver, not to exceed a total of ninety- nine plants, or an amount consistent with the recommendation of the physician or physicians, whichever is less. 4 5. Outdoor/Greenhouse Plants [optional]. No unsupervised outdoor marijuana cultivation shall be permitted. Growing marijuana shall only be permitted in a fully enclosed yard with a minimum six-foot fence perimeter and in a greenhouse or structure that must be locked and contained. The amount of marijuana grown in the enclosed yard with a minimum six-foot fence perimeter and greenhouses or structures that are locked and contained shall not exceed the permissible amounts for indoor plants according to this Section. Option 2 (based on State minimum levels) A person in possession of a current and valid state identification card and who is within the jurisdictional limits of the City, is not subject to arrest for possession of marijuana, or detention by law enforcement longer than necessary to verify his or her status, or seizure by law enforcement of marijuana in his or her possession, if the amount of marijuana possessed is within the following limits: 1. Processed Marijuana - Qualified Patients. An individual who is a qualified patient may possess the total amount of processed marijuana, regardless of growing method, recommended by his or her physician for the length of time recommended by the physician, not to exceed eight ounces, or an amount consistent with the physician's recommendation, whichever is more. 2. Processed Marijuana - Primary Caregivers. An individual who is a primary caregiver may possess processed marijuana not to exceed eight ounces for each qualified patient for whom the individual serves as a verified primary caregiver, or an amount consistent with the physician's recommendation, whichever is more, except that such amount shall not exceed a total of two pounds. 3. Indoor Plants - Qualified Patients. A qualified patient may possess six mature or 12 immature marijuana plants, or an amount consistent with the physician's recommendation, whichever is more. 4. Indoor Plants - Primary Caregivers. A primary caregiver may possess six mature or 12 immature marijuana plants for. each qualified patient for whom the individual serves as a primary caregiver, or an amount consistent with the recommendation of the physician or physicians, whichever .is -more, 5. Outdoor/Greenhouse Plants [optional]. No unsupervised outdoor marijuana cultivation shall be permitted. Growing marijuana shall only be permitted in a fully enclosed yard with a minimum six-foot fence perimeter and in a greenhouse or structure that must be locked and contained. The amount of marijuana grown in the enclosed yard with a minimum six-foot fence perimeter and greenhouses or structures that are locked and 5 contained shall not exceed the permissible amounts for indoor plants according to this Section. Option 3 (based on State maximum levels for exemption from State licensing requirement) A person in possession of a current and valid state identification card and who is within the jurisdictional limits of the City, is not subject to arrest for possession of marijuana, or detention by law enforcement longer than necessary to verify his or her status, or seizure by law enforcement of marijuana in his or her possession, if the amount of marijuana possessed is within the following limits: 1. Processed Marijuana - Qualified Patients. An individual who is a qualified patient may possess the total amount of processed marijuana, regardless of growing method, recommended by his or her physician for the length of time recommended by the physician, not to exceed one pound, or an amount consistent with the physician's recommendation, whichever is less. 2. Processed Marijuana - Primary Caregivers. An individual who is a primary caregiver may possess processed marijuana not to exceed one pound for each qualified patient for whom the individual serves as a verified primary caregiver, or an amount consistent with the recommendation of the physician or physicians, whichever is Tess, except that such amount shall not exceed a total of two pounds. 3. Indoor Plants - Qualified Patients. A qualified patient may cultivate marijuana plants in an area not to exceed 100 square feet provided he or she cultivates marijuana for his or her personal medical use and does not sell, distribute, donate or provide marijuana to any other person or entity, or an amount consistent with the physician's recommendation, whichever is less. 4. Indoor Plants -. Primary Caregivers. A primary caregiver may cultivate marijuana plants in an area of not to exceed 500 square feet provided he or she cultivates marijuana exclusively for the personal medical use of no more than five specified qualified patients for whom he or she is the primary caregiver within the meaning of Health & Safety Code Section 11362.7 and does not receive remuneration _far _these -activities, except for compensation provided in full compliance with Health & Safety Code Section 11362.765(c). 5. Outdoor/Greenhouse Plants [optional]. No unsupervised outdoor marijuana cultivation shall be permitted. Growing marijuana shall only be permitted in a fully enclosed yard with a minimum six-foot fence perimeter and in a greenhouse or structure that must be locked and contained. The 6 amount of marijuana grown in the enclosed yard with a minimum six-foot fence perimeter and greenhouses or structures that are locked and contained shall not exceed the permissible amounts for indoor plants according to this Section. The Plannin Commission's recommendation is based on Option 1 (based on San Diego model), including allowing for outdoor/greenhouse. plants as included in paragraph 5 of Section "C", Option 1 above. Cultivation Locations At the special meeting of November 23, 2015, the Planning Commission adopted a resolution related to qualified patients or primary caregivers. The original intent was to allow for cultivation at residential locations, particularly for qualified patients. However, it is likely that primary caregivers would need additional room outside of their residence if taking care of multiple patients. As such, they could be permitted to cultivate in locations within the Light Industrial (IL zone), subject to the limitations contained in section "C". There are also options related to zones for outdoor cultivation and screening of the use from adjacent areas. D. Locations for Cultivation 1. A qualified patient may cultivate medical marijuana in the amounts allowed under subsection C herein only in a legal residential unit in any residential or mixed use zone. 2. A primary caregiver may cultivate medical marijuana in the amounts allowed under subsection C herein in a legal residential unit in any residential or mixed use zone and in the Light Industrial ("iLV) zone. 3. A qualified patient or primary caregiver may cultivate medical marijuana outdoors pursuant to subsection (C)(5) only in zones RS-1 and RS-2. [optional] 4. From the public right-of-way, there shall be no visual evidence of cultivation of the marijuana. [optional] The Planning CornmJsjon° recommendationjnciudes"aIlawlngoutdoor/ reenhouse plants in the RS-1 and RS-2 zones and that noevidenr-e of cultivation shall be seen from the public right-of-way, as described in paragraphs 3 and 4 of Section "D" above. Staff was recommending that if outdoor cultivation is permitted that it be allowed only in an enclosed greenhouse or other structure and only in zones RS-1 or RS-2 because the lots are generally larger than other residential zones, which would minimize impacts to the neighborhood. Also, the ordinance should include a provision to prevent any visual 7 impacts of cultivation from the public right-of-way in order to discourage theft and other criminal activity. Another optional element of the regulation of cultivation was whether or not to require a Conditional Use Permit. The CUP regulation could be used to exceed the amounts in section "C", if the cultivation location was associated with a primary caregiver and if located in the IL zone; or, a CUP could be required for all who cultivate. The following optional language was included in the draft Ordinance. E. Conditional Use Permit. [Option 1—Primary Caregivers who exceed limits in subsection C] A primary caregiver may exceed the permissible medical marijuana activity allowed under subsections (C)(2) and (C)(4) in the IL zone only, but prior to doing so must obtain annually a conditional use permit from the City pursuant to National City Municipal Code Section 18.12.110, which permit conditions shall not be less stringent than the California Department of Food and Agriculture's licensing requirements for the cultivation of medical marijuana established pursuant to Health & Safety Code Section 11362.777. It is unlawful for any cultivation under CUP to be outdoors, and it is unlawful for any discharge from the cultivation to enter the City's storm drain system. E. Conditional Use Permit. [Option 2—Any Cultivation in subsection C] A primary caregiver or qualified patient may cultivate medical marijuana under subsection (C), or a primary caregiver may exceed the permissible medical marijuana activity allowed under subsections (C)(2) and (C)(4) in the IL zone only, but prior to doing so must obtain annually a conditional use permit from the City pursuant to National City Municipal Code Section 18.12.110, which permit conditions shall not be less stringent than the California Department of Food and Agriculture's licensing requirements for the cultivation of medical marijuana established pursuant to Health & Safety Code Section 11362.777. It is unlawful for any cultivation under CUP to be outdoors, and it is unlawful for any discharge from the cultivation to enter the City's storm drain system. The intent of this language is to insure that adequate conditions are placed on CUP's regarding impacts related to odor, public nuisance, and discharge of cultivation runoff in to the City's sewer/storm drain system. The CUP would be annual in nature, in order to capture -any potential --changes in -State laws that rnay be forthcoming. Uses exceeding the nominally -permissible amounts would be allowed in the Light Industrial (IL) zone and would be required to be inside a building. The Planning Commission's recommendation is based on Option 1 (Primary Caregivers who exceed limits in subsection "C"). Option 2 (Any cultivation in section "C" was not part of the recommendation. 8 As part of the recommendation, Planning Commission included a change to section "F" that was recommended by staff. This section refers to violations and needed to be updated based on a change in state law that had occurred shortly before the hearing. General Plan consistency The purpose of the Health and Environmental Justice Element of the General Plan is to ...improve living conditions to foster the physical health and well-being of National City's residents. Based on the intent of California Health and Safety Code section 11362.5 (Compassionate Use Act) and California Health and Safety Code sections 11362.7- 11362.83 (Medical Marijuana), which allows for the use of medical marijuana for medicinal purposes per Proposition 215 (known as the Compassionate Use Act) for those with physical health issues, allowing for the cultivation of medical marijuana to aid in the treatment of physical health issues weigh in favor of finding such use consistent with the General Plan. Based on information from the Police Department that marijuana poses significant health threats to users, and that cultivation is accompanied by increased criminal activity, the regulation of cultivation would not be consistent with the General Plan. (see Police Department comments below). California Environmental Quality Act The proposed Amendment has been reviewed in compliance with the California Environmental Qualify Act. Staff has determined that the proposed use is exempt from CEQA under section 15061(b)(3) — general rule. The general rule states that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Prohibition option: Cultivation is currently not a permitted use and adopting a prohibitory Ordinance would affirm that marijuana cultivation is prohibited. Under this option, it can be seen with certainty that there is no possibility that the activity in question may have a significant impact on the environment; the activity would not subject to CEQA. Regulatory option: Cultivation is not highly different from the cultivation of standard. crops, the raising of which is an allowed use in several zones throughout the City. Therefore, the activity would not subject to CEQA. Police Department comments PD staff has relayed concerns related to marijuana cultivation and has suggested a "wait and see" position. PD suggests waiting to see if there are adverse impacts in other 9 cities due to the recent legislation prior to enacting a regulatory Ordinance in National City. PD's concerns are as follows: • There are currently no statistics about cultivation and crime o The activity is too new for accurate statistics o Previous experience shows that cash crops are subject to theft/violence and other quality of life issues • Enforcement challenges o National City PD does not currently have a Vice Team o Current staffing levels do not support enforcement • Proximity to schools and parks o Size of National City verses other metropolitan areas o Charter schools In National City o National City School District schools o Sweetwater Union High School District schools o WI-TOD • PD recommends prohibition - wait and see how other cities and communities are impacted by cultivation • Regulation does not necessarily ensure compliance Overview The following matrix was provided to the planning Commission as a quick -reference guide to options. The matrix is intended to provide an "at a glance" view of the limitations on permissible amounts of marijuana that can be grown, stored, and processed; and where the use may be located (zones). The matrix also compares the limitations in AB 243 to the original MMP (Medical Marijuana Program) and to the City of San Diego. MMP AB 243 San Diego Ordinance Possession of 8 ounces per qualified No regulations. One pound per qualified Dried Marijuana ("processed") patient (minimum) patient or amount recommended by physician whichever is less (caregiver may have -upto-two-pounds pe patient) Live Marijuana 6 mature or 12 immature Exemption from • A qualified patient may Plants plants (minimum) licensing: • 100 square feet for qualified patient • 500 square feet for a primary caregiver for up to 5 qualified have the lesser of 24 plants or the amount the physician recommends in an area of less than 64 square feet 10 Outdoor cultivation Zoning restrictions Conditional Use Permit for Cultivation No restrictions. 2010 and 2011 amendments allow for cities to regulate location or establishment of cooperatives. No regulations specific to cultivation —only limiting the location of cooperatives. No requirements for a CUP. patients State licensing for 10 types of cultivators of outdoor/ indoor, with or without artificial lighting, and different sizes No restrictions for exempt cuitivation and specific licenses required for outdoor cultivation for non- exempt cultivation. Cities may regulate or ban the cultivation, storage, manufacture, transport, provision or other related activity of marijuana cultivation even if exempt. Cultivation requires state license and a license, permit or entitlement by local agency provided local agency regulates or prohibits cultivation by March 1, 2016. State standards for licensing to be developed to mitigate environmental and other impacts. City CUP must not be less stringent than state's standards. Caregiver may have the above amount for each patient in his or her care up to 99 plants Outdoor cultivation allowed within a fully enclosed yard with 6 foot fences or in a gmenhouselstructure that is locked and contained. No zoning restrictions on persona! cultivation by qualified patient or primary caregiver. Cooperatives are allowed in specific zones only (not residential). Cooperatives, which can cultivate marijuana, require a CUP. Cultivation for personal use by a qualified patient or by a qualified caregiver does not require a CUP. Summary Due to the short notice provided by the State, an Ordinance related to the regulation or prohibition of medical marijuana cultivation must be adopted as soon as possible. Although staff has maintained that there is not enough time to fully capture and analyze the issues resulting from regulating cultivation in the City, staff has provided a regulatory Ordinance as complete as reasonably possible d as requested by the Planning Commission. The -C :miss n's-recoinrrenddtiu is-riciv bemire the City Council for its review. The City Council can approve, modify, or disapprove the recommendation. The Police Department and City staff, given the time constraints and pending nature of who can be licensed under the State law and what the State program may look like, recommend a non -regulatory direction. 11 Options 1. Disapprove the Planning Commission recommendation and introduce an Ordinance adding Section 18.30.345 to the Land Use Code, to prohibit the cultivation of medical marijuana, based on the attached findings; or 2. Approve the Planning Commission recommendation and introduce an Ordinance adding Section 18.30.345 to the Land Use Code, to regulate the cultivation of medical marijuana, based on the attached findings; or 3. Modify the Planning Commission recommendation and recommend changes to the proposed Ordinance regulating the cultivation of medical marijuana, which may require additional review by the Planning Commission, who would need to hold a special meeting prior to the regular City Council meeting of January 19, 2016 in order to maintain the necessary timeline required to have an Ordinance in effect by March 1, 2016. 4. Take no action and allow the State to assume local land use control over cultivation in the City. 12 RECOMMENDED FINDINGS FOR APPROVAL OF AN ORDINANCE ADDING SECTION 18.30.345 OF THE NATIONAL CITY MUNICIPAL CODE TO PROHIBIT CULTIVATION OF MARIJUANA CASE FILE 2015-25 A 1. That the proposed amendment is in the public interest because it retains local land use authority by the City; and local land use should remain with the City, because the City should retain its legislative function to determine what uses are most appropriate within its jurisdiction. 2. The compressed time frame from the State of California to enact an ordinance so that the City can continue local land use control over cultivation does not provide sufficient time to fully research and analyze the issues regarding allowing cultivation in the City; and prohibition of cultivation preserves local land use control while allowing for a subsequent amendment establishing regulation over cultivation at a later date, if so desired. 3. That the proposed amendment is in the public interest because marijuana cultivation in other California jurisdictions has resulted in impacts such as increased gun violence, robberies, traffic accidents/fatalities, and environmental impacts caused by pollutant discharge from growing operations, which would pose significant health threats to National City residents. 4. That the proposed amendment is in the public interest and is consistent with General Plan policy, because the purpose of the Health and Environmental Justice Element of the General Plan is to identify public health risks and environmental justice concerns and improve living conditions to foster the physical health and well-being of National City's residents, and because the Police Department has concluded that marijuana poses significant health threats to users. 5. That the proposed amendment has been reviewed to be in compliance with the California Environmental Quality Act (CEQA), because it has been determined that the proposed use is exempt from CEQA under section 15061LbJ{3) - general rule. The project is not considered a project under CEQA; there is no possibility that the activity in question may have a significant impact on the environment. Cultivation is currently not a permitted use and this Code Amendment affirms that marijuana cultivation is prohibited. 13 RECOMMENDED FINDINGS FOR APPROVAL OF AN ORDINANCE ADDING SECTION 18.30.345 OF THE NATIONAL CITY MUNICIPAL CODE TO PROVIDE FOR THE CULTIVATION OF MARIJUANA FOR QUALIFIED PATIENTS AND PRIMARY CAREGIVERS CASE FILE 2015-25 A 1, That the proposed amendment is in the public interest because proposed regulations related to medical marijuana cultivation will be consistent with California Health and Safety Code section 11362.5 (Compassionate Use Act) and California Health and Safety Code sections 11362.7-11362.83 (Medical Marijuana Program), which are designed to protect the public health, safety, and welfare. 2. That the proposed amendment is in the public interest because nothing in the proposed regulation will be intended to override a peace officer's judgment and discretion based on a case -by -case evaluation of the totality of the circumstances, or to interfere with a peace officer's sworn duty to enforce applicable law. 3. That the proposed amendment is in the public interest because the proposed regulations will maintain the rights of a qualified patient or primary caregiver otherwise authorized by California Health and Safety Code section 11362.5(d). 4. That the proposed amendment is in the public interest because nothing in the proposed regulations will be intended to authorize the sale, distribution, possession of marijuana, or any other transaction, in violation of state law. 5. That the proposed amendment is consistent with the National City General Plan because the purpose of the Health and Environmental Justice Element of the General Plan is to ...improve living conditions to foster the physical health and well-being of National City's residents; based on the intent of California Health and Safety Code section 11362.5 (Compassionate Use Act) and California Health and Safety Code sections 11362.7-11362.83 (Medical Marijuana), which allows for the use of medical marijuana for medicinal purposes for those with physical health issues, allowing for the cultivation of medical marijuana to aid in the treatment of physical health issues would be consistent with the General Plan. 6. That the proposed Amendment has been reviewed in compliance with the California Environmental Quality Act, and staff has determined that the proposed use is exempt from CEQA under section 15061(b)(3) — general rule, which states that CEQA applies only to projects which have the potential for causing a significant effect on the environment — cultivation of marijuana is not highly 14 different from the cultivation of standard crops, the raising of which is an allowed use in several zones throughout the City. 15 11/1612015 Bill Text- AB-243 Medical marijuana. rr"F LF:C�II ATI\'E INFORMATION ..8-243 Medical marijuana. (2015-2016) Assembly Bill No. 243 CHAPTER 688 An act to add Article 6 (commencing with Section 19331), Article 13 (commencing with Section 19350), and Article 17 (commencing with Section 19360) to Chapter 3.5 of Division 8 of the Business and Professions Code, to add Section 12029 to the Fish and Game Code, to add Sections 11362.769 and 11362.777 to the Health and Safety Code, and to add Section 13276 to the Water Code, relating to medical marijuana, and making an appropriation therefor. Approved by Governor October 09, 2015. Filed with Secretary of State October 09, 2015. 3 LEGISLATIVE COUNSEL'S DIGEST AB 243, Wood. Medical marijuana. Existing law, the Compassionate Use Act of 1996, an initiative measure enacted by the approval of Proposition 215 at the November 5, 1996, statewide general election, authorizes the use of marijuana for medical purposes. Existing law enacted by the Legislature requires the establishment of a program for the issuance of identification cards to qualified patients so that they may lawfully use marijuana for medical purposes, and requires the establishment of guidelines for the lawful cultivation of marijuana grown for medical use. Existing law provides for the licensure of various professions by boards or bureaus within the Department of Consumer Affairs. Existing law, the Sherman Food, Drug, and Cosmetic Law, provides for the regulation of food, drugs, devices, and cosmetics, as specified. A violation of that law is a crime. This bill would require the Department of Food and Agriculture, the Department of Pesticide Regulation, the State Department of Public Health, the Department of Fish and Wildlife, and the State Water Resources Control Board to promulgate regulations or standards relating to medical marijuana and its cultivation, as specified. The bill would also require various state agencies to take specified actions to mitigate the impact that marijuana cultivation has on the environment. By requiring cities, counties, and their local law enforcement agencies to coordinate with state agencies to enforce laws addressing the environmental impacts of medical marijuana cultivation, and by including medical marijuana within the Sherman Act, the bill would impose a state -mandated local- program. This bill would require a state licensing authority to charge each licensee under the act a licensure and renewal fee, as applicable, and would further require the deposit of those collected fees into an account specific to that licensing authority in the Medical Marijuana Regulation and Safety Act Fund, which this bill would establish. This bill would impose certain fines and civil penalties for specified violations of the Medical Marijuana Regulation and Safety Act, and would require moneys collected as a result of these fines and civil penalties to be deposited into the Medical Cannabis Fines and Penalties Account, which this bill would establish within the fund. Moneys in the fund and each account of the fund would be available upon appropriation of the Legislature. This bill would authorize the Director of Finance to provide an initial operating loan from the General Fund to the Medical Marijuana Regulation and Safety Act Fund of up to $10,000,000, and would appropriate $10,000,000 from the Medical Marijuana Regulation and Safety Act Fund to the Department of Consumer Affairs to begin the https:/lleginfo.legislature.cagovtfaces bIlINevCIlertxMml?biil it 2O1520160AB243 118 16 11/18/2015 Bill Text - AB-243 Medical marijuana. activities of the bureau. This bill would provide that its provisions are severable. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. This bill would become operative only if AB 266 and SB 643 of the 2015-16 Regular Session are enacted and take effect on or before January 1, 2016. Vote: majority Appropriation: yes Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OP CALIFORNIA DO ENACT AS FOLLOWS: SECTiON 1. Article 6 (commencing with Section 19331) is added to Chapter 3,5 of Division 8 of the Business and Professions Code, to read: Liceescd Cultivation Sites 19331. The Legislature finds and declares all of the following: (a) The United States Environmental Protection Agency has not established appropriate pesticide tolerances for, or permitted the registration and lawful use of, pesticides on cannabis crops intended for human consumption pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq,). (b) The use of pesticides is not adequately regulated due to the omissions in federal law, and cannabis cultivated in California for California patients can and often does contain pesticide residues. (c) Lawful California medical cannabis growers and caregivers urge the Department of Pesticide Regulation to provide guidance, in absence of federal guidance, on whether the pesticides currently used at most cannabis cultivation sites are actually safe for use on cannabis intended for human consumption. 19332. (a) The Department of Food and Agriculture shall promulgate regulations governing the licensing of indoor and outdoor cultivation sites. (b) The Department of Pesticide Regulation, in consultation with the Department of Food and Agricuiture, shall develop standards for the use of pesticides in cultivation, and maximum tolerances for pesticides and other foreign object residue in harvested cannabis. (c) The State Department of Public Health shall develop standards for the production and labeling of all edible medical cannabis products. (d) The Department of Food and Agriculture, in consultation with the Department of Fish and Wildlife and the State Water Resources Control Board, shall ensure that individual and cumulative effects of water diversion and discharge associated with cultivation do not affect the instream flows needed for fish spawning, migration, and rearing, and the flows needed to maintain natural flow variability. (e) The Department of Food and Agriculture shall have the authority necessary for the Implementation of the regulations it adopts pursuant to this chapter. The regulations shall do all of the following: (1) Provide that weighing or measuring devices used in connection with the sale or distribution of medical cannabis are required to meet standards equivalent to Division 5 (commencing with Section 12001). (2) Require that cannabis cultivation by licensees is conducted in accordance with state and local laws related to land conversion, grading, electricity usage, water usage, agricultural discharges, and similar matters. Nothing in this chapter, and no regulation adopted by the department, shall be construed to supersede or limit the authority of the State Water Resources Control Board, regional water quality control boards, or the haps://legrrrfo.legislat re.ea.govericesibillNavCiient.xhtmi?bill ide201520160AB243 2/8 17 11/18/2015 Bill Text- AB-243 Medical marijuana. Department of Fish and Wildlife to implement and enforce their statutory obligations or to adopt regulations to protect water quality, water supply, and natural resources. (3) Establish procedures for the issuance and revocation of unique identifiers for activities associated with a cannabis cultivation license, pursuant to Article 8 (commencing with Section 19337). All cannabis shall be labeled with the unique identifier issued by the Department of Food and Agriculture. (4) Prescribe standards, in consultation with the bureau, for the reporting of information as necessary related to unique identifiers, pursuant to Article 8 (commencing with Section 19337). (f) The Department of Pesticide Regulation, in consultation with the State Water Resources Control Board, shall promulgate regulations that require that the application of pesticides or other pest control In connection with the indoor or outdoor cultivation of medical cannabis meets standards equivalent to Division 6 (commencing with Section 11401) of the Food and Agricultural Code and Its implementing regulations. (g) State cultivator license types Issued by the Department of Food and Agriculture include: (1) Type 1, or "specialty outdoor," for outdoor cultivation using no artificial lighting of Tess than or equal to 1 5,000 square feet of total canopy size on one premises, or up to 50 mature plants on noncontiguous plots. (2) Type 1A, or "specialty indoor," for indoor cultivation using exclusively artificial lighting of Tess than or equal to 5,000 square feet of total canopy size on one premises. (3) Type 1B, or "specialty mixed -light," for cultivation using a combination of natural and supplemental artificial lighting at a maximum threshold to be determined by the licensing authority, of less than or equal to 5,000 square feet of total canopy size on one premises. (4) Type 2, or "small outdoor," for outdoor cultivation using no artificial lighting between 5,001 and 10,000 square feet, inclusive, of total canopy size on one premises. (5) Type 2A, or "small indoor," for indoor cultivation using exclusively artificial lighting between 5,001 and 10,000 square feet, inclusive, of total canopy size on one premises. (6) Type 2B, or "small mixed -light," for cultivation using a combination of natural ane supplemental artificial lighting at a maximum threshold to be determined by the licensing authority, between 5,001 and 10,000 square feet, inclusive, of total canopy size on one premises. (7) Type 3, or "outdoor," for outdoor cultivation using no artificial lighting from 10,001 square feet to one acre, inclusive, of total canopy size on one premises. The Department of Food and Agriculture shall limit the number of licenses allowed of this type. (8) Type 3A, or "indoor," for indoor cultivation using exclusively artificial lighting between 10,001 and 22,000 square feet, inclusive, of total canopy size on one premises. The Department of Food and Agriculture shall limit the number of licenses allowed of this type. (9) Type 3B, or "mixed -light," for cultivation using a combination of natural and supplemental artificial lighting at a maximum threshold to be determined by the licensing authority, between 10,001 and 22,000 square feet, inclusive, of total canopy size on one premises. The Department of Food and Agriculture shall limit the number of licenses allowed of this type. (10) Type 4, or "nursery," for cultivation of medical cannabis solely as nursery. Type 4 licensees may transport live plants. 19333. An employee engaged in commercial cannabis cultivation activity shall be subject to Wage Order 4-2001 of the Industrial Welfare Commission. SEC. 2. Article 13 (commencing with Section 19350) is added to Chapter 3.5 of Division 8 of the Business and Professions Code, to read: A do a 1?:. Funding 19360. Each licensing authority shall establish a scale of application, licensing, and renewal fees, based upon the cost of enforcing this chapter, as follows: httpslAeginfo.legislature.cagov/faces/billNavCIient.xhfml?hill_id=201520180AB243 318 18 11/1612015 BI11 Text - AB-243 Medical marijuana. (a) Each licensing authority shall charge each licensee a licensure and renewal fee, as applicable. The licensure and renewal fee shall be calculated to cover the costs of administering this chapter. The licensure fee may vary depending upon the varying costs associated with administering the various regulatory requirements of this chapter as they relate to the nature and scope of the different licensure activities, including, but not limited to, the track and trace program required pursuant to Section 19335, but shall not exceed the reasonable regulatory costs to the licensing authority. (b) The total fees assessed pursuant to this chapter shall be set at an amount that will fairly and proportionately generate sufficient total revenue to fully cover the total costs of administering this chapter. (c) All license fees shall be set on a scaled basis by the licensing authority, dependent on the size of the business. (d) The licensing authority shall deposit all fees collected in a fee account specific to that licensing authority, to be established in the Medical Marijuana Regulation and Safety Act Fund. Moneys in the licensing authority fee accounts shall be used, upon appropriation of the Legislature, by the designated licensing authority for the administration of this chapter. 19361. (a) The Medical Marijuana Regulation and Safety Act Fund is hereby established within the_ State Treasury. Moneys in the fund shall be available upon appropriation by the Legislature. Notwithstanding Section 16305.7 of the Government Code, the fund shall include any interest and dividends earned on the moneys in the fund. (b) (I) Funds for the establishment and support of the regulatory activities pursuant to this chapter shall be advanced as a General Fund or special fund loan, and shall be repaid by the initial proceeds from fees collected pursuant to this chapter or any rule or regulation adopted pursuant to this chapter, by January 1, 2022. Should the initial proceeds from fees not be sufficient to repay the loan, moneys from the Medical Cannabis Fines and Penalties Account shall be made available to the bureau, by appropriation of the Legislature, to repay the loan. (2) Funds advanced pursuant to this subdivision shall be appropriated to the bureau, which shall distribute the moneys to the appropriate licensing authorities, as necessary to implement the provisions of this chapter. (3) The Director of Finance may provide an initial operating loan from the General Fund to the Medical Marijuana Regulation and Safety Act Fund that does not exceed ten million dollars ($10,000,000). (c) Except as otherwise provided, all moneys collected pursuant to this chapter as a result of fines or penalties imposed under this chapter shall be deposited directly into the Medical Marijuana Fines and Penalties Account, which is hereby established within the fund, and shall be available, upon appropriation by the Legislature to the bureau, for the purposes of funding the enforcement grant program pursuant to subdivision (d). (d) (1) The bureau shall establish a grant program to allocate moneys from the Medical Cannabis Fines and Penalties Account to :Mate and local entities for the following purposes: (A) To assist with medical cannabis regulation and the enforcement of this chapter and other state and local laws applicable to cannabis activities. (B) For allocation to state and local agencies and law enforcement to remedy the environmental impacts of cannabis cultivation. (2) The costs of the grant program under this subdivision shall, upon appropriation by the Legislature, be paid for with moneys in the 1 dical Cannot:Os fines ardPerrlditles Atciurlt (3) The grant program established by this subdivision shall only be implemented after the loan specified in this section is repaid. 19352. The sum of ten million dollars ($10,000,000) is hereby appropriated from the Medical Marijuana Regulation and Safety Act Fund to the Department of Consumer Affairs to begin the activities of the Bureau of Medical Marijuana Regulation. Funds appropriated pursuant to this section shall not include moneys received from fines or penalties. SEC. 3. Article 17 (commencing with Section 19360) is added to Chapter 3.5 of Division 8 of the Business and Professions Code, to read: 1 liepaJlieginfo.leglslaturaca. iteceslbillNevelleriiithtml?bill1&2o1520160AB243 4/8 19 11/18/2015 Bill Text- AB-243 Medial marijuana. Article 17. Penzitles lend Violations 19360. (a) A person engaging in cannabis activity without a license ana associates unique identifiers required by this chapter shall be subject to civil penalties of up to twice the amount of the license fee for each violation, and the department, state or local authority, or court may order the destruction of medical cannabis associated with that violation. Each day of operation shall constitute a separate violation of this section. All civil penalties imposed and collected pursuant to this section shall be deposited into the Marijuana Production and Environment r,4itigation Fund established pursuant to Section 31013 of the Revenue and Taxation Code. (b) If an action for civil penalties is brought against a licensee pursuant to this chapter by the Attorney General, the penalty collected shall be deposited into the General Fund. 1f the action is brought by a district attorney or county counsel, the penalty collected shall be paid to the treasurer of the county in which the judgment was entered. If the action is brought by a city attorney or city prosecutor, the penalty collected shall be paid to the treasurer of the city or city and county in which the judgment was entered. If the action is brought by a city attorney and is adjudicated in a superior court located in the unincorporated area or another city in the same county, the penalty shall be paid one-half to the treasurer of the city in which the complaining attorney has jurisdiction and one-half to the treasurer of the county in which the judgment is entered. (c) Notwithstanding subdivision (a), criminal penalties shall continue to apply to an unlicensed person or entity engaging in cannabis activity in violation of this chapter, including, but not limited to, those individuals covered under Section 11362.7 of the Health and Safety Code. SEC. 4. Section 12029 is added to the Fish and Game Code, to read: 12029. (a) The legislature finds and declares all of the following: (1) The environmental impacts associated with marijuana cultivation have increased, and unlawful water diversions for marijuana irrigation have a detrimental effect on fish and wildlife and their habitat, which are held in trust by the state for the benefit of the people of the state. (2) The remediation of existing marijuana cultivation sites is often complex and the permitting of these sites requires greater department staff time and personnel expenditures. The potential for marijuana cultivation sites to significantly impact the state's fish and wildlife resources requires immediate action on the part of the department's lake and streambed alteration permitting staff. (b) In order to address unlawful water diversions and other violations of the Fish and Game Code associated with marijuana cultivation, the department shall establish the watershed enforcement program to facilitate the investigation, enforcement, and prosecution of these offenses. (c) The department, in coordination with the State Water Resources Control Board, shall establish a permanent muitiagency task force to address the environmental impacts of marijuana cultivation. The multiagency task force, to the extent feasible and subject to available Resources, shall expand its enforcement efforts on a statewide levet to ensure the reduction of adverse impacts of marijuana cultivation on fish and wildlife and their habitats throughout the state. (d) In order to facilitate the remediation and permitting of marijuana cultivation sites, the department shall adopt regulations to enhance the fees on any entity subject to Section 1602 for marijuana cultivation sites that require remediation. The fee schedule established pursuant to this subdivision shall not exceed the fee limits in Section 1609. SEC. 5. Section 11362.769 is added to the Health and Safety Code, to read: 11382.769. Indoor and outdoor medical marijuana cultivation shall be conducted in accordance with state and local laws related to land conversion, grading, electricity usage, water usage, water quality, woodland and riparian habitat protection, agricultural discharges, and similar matters. State agencies, including, but not limited to, the State Board of Forestry and Fire Protection, the Department of Fish and Wildlife, the State Water Resources Control Board, the California regional water quality control boards, and traditional state law enforcement agencies shall address environmental impacts of medical marijuana cultivation and shall coordinate, when appropriate, with cities and counties and their law enforcement agencies in enforcement efforts. h tps:MeginFo.legislahue.ca.gov/FaceslbillNavClierd.xhtml?billir 201520160AB243 518 20 11/1BJ2015 Bill Teat- AB-243 Medical marijuana. ...._......SEC. 6. Section 11362,777 is added to the Health and Safety Code, to read: 11382.777. (a) The Department of Food and Agriculture shall establish a Medical Cannabis Cultivation Program to be administered by the secretary, except as specified in subdivision (c), shall administer this section as it pertains to the cultivation of medical marijuana. For purposes of this section and Chapter 3.5 (commencing with Section 19300) of the Business and Professions Code, medical cannabis is an agricultural product, (b) (1) A person or entity shall not cultivate medical marijuana without first obtaining both of the following: (A) A license, permit, or other entitlement, cpecifically permitting cultivation pursuant In these provisions, from the city, county, or city and county in which the cultivation will occur. (B) A state license issued by the department pursuant to this section. (2) A person or entity shall not submit an application for a state license issued by the department pursuant to this section unless that person or entity has received a license, permit, or other entitlement, specifically permitting cultivation pursuant to these provisions, from the city, county, or city and county in which the cultivation will occur. (3) A person or entity shall not submit an application for a state license issued by the department pursuant to this section if the proposed cultivation of marijuana will violate the provisions of any local ordinance or regulation, or if medical marijuana is prohibited by the city, county, or city and county in which the cultivation is proposed to occur, either expressly or otherwise under principles of permissive zoning. (c) (1) Except as otherwise specified in this subdivision, and without limiting any other local regulation, a city, county, or city and county, through its current or future land use regulations or ordinance, may issue or deny a permit to cultivate medical marijuana pursuant to this section, A city, county, or city and county may inspect the intended cultivation site for suitability prior to issuing a permit. After the city, county, or city and county has approved a permit, the applicant shall apply for a state medical marijuana cultivation license from the department. A locally issued cultivation permit shall only become active upon licensing by the department and receiving final local approval. A person shall not cultivate medical marijuana prior to obtaining both a permit from the city, county, or city and county and a state medical marijuana cultivation license from the department. (2) A city, county, or city and county that issues or denies conditional licenses to cultivate medical marijuana pursuant to this section shall notify the department in a manner prescribed by the secretary. (3) A city, county, or city and county's locally issued conditional permit requirements must be at least as stringent as the department's state licensing requirements. (4) If a city, county, or city and county does not have land use regulations or ordinances regulating or prohibiting the cultivation of marijuana, either expressly or otherwise under principles nf permissive zoning, or chooses not to administer a conditional permit program pursuant to this section, then commencing March 1, 2016, the division shall be the sole licensing authority for medical marijuana cultivation applicants in that city, county, or city and county. (d) (1) The secretary may prescribe, adopt, and enforce regulations relating to the implementation, administration, and enforcement of this part, including, but not Limited to, applicant requirements, collections, reporting, refunds, and appeals. -(2) The secretary may -prescribe, -adopt, and enforce any emergency regulations a necessary to i-irti- ertient this part. Any emergency regulation prescribed, adopted, or enforced pursuant to this section shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Goverment Code, and, for purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of the regulation is an emergency and shall be considered by the office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, and general welfare. (3) The secretary may enter into a cooperative agreement with a county agricultural commissioner to carry out tie provisions of this chapter, including, but not limited to, administration, investigations, inspections, g licensing and assistance pertaining to the cultivation of medical marijuana. Compensation under the cooperative agreement shall be paid from assessments and fees collected and deposited pursuant to this chapter and shall provide reimbursement to the county agricultural commissioner for associated costs. Mips:/Aeginfo.leglslature ce.govRaceSlplllNeverientehtmt?b111ide201520180AB243 21 11/18/2015 Bill Text- AB-243 Medical marijuana. (e) (1) The department, in consultation with, but not limited to, the Bureau of Medical Marijuana Regulation, the State Water Resources Control Board, and the Department of Fish and Wildlife, shall implement a unique identification program for medical marijuana. In implementing the program, the department shall consider issues, including, but not limited to, water use and environmental impacts. In implementing the program, the department shall ensure that: (A) Individual and cumulative effects of water diversion and discharge associated with cultivation do not affect the instream flows needed for fish spawning, migration, and rearing, and the flows needed to maintain natural flow variability. (B) Cultivation will not negatively impact springs, riparian wetlands, and aquatic habitats. (2) The department shall establish a program for the identification of permitted medical marijuana plants at a cultivation site during the cultivation period. The unique identifier shall be attached at the base of each plant. A unique identifier, such as, but not limited to, a zip de, shall be issued for each medical marijuana plant. (A) Unique identifiers will only be issued to those persons appropriately licensed by this section. (B) Information associated with the assigned unique identifier and licensee shall be included in the trace and track program specified in Section 19335 of the Business and Professions Code. } (C) The department may charge a fee to cover the reasonable costs of issuing the unique identifier and monitoring, tracking, and inspecting each medical marijuana plant. (D) The department may promulgate regulations to implement this section. (3) The department shall take adequate steps to establish protections against fraudulent unique identifiers and limit illegal diversion of unique identifiers to unlicensed persons. (f) (1) A city, county, or city and county that issues or denies licenses to cultivate medical marijuana pursuant to this section shall notify the department in a manner prescribed by the secretary. (2) Unique identifiers and associated identifying information administered by a city or county shall adhere to the requirements set by the department and be the equivalent to those administered by the department. (g) This section does not apply to a qualified patient cultivating marijuana pursuant to Section 11362.5 if the area he or she uses to cultivate marijuana does not exceed 100 square feet and he or she cultivates marijuana for his or her personal medical use and does not sell, distribute, donate, or provide marijuana to any other person or entity. This section does not apply to a primary caregiver cultivating marijuana pursuant to Section 11362.5 if the area he or she uses to cultivate marijuana does not exceed 500 square feet and he or she cultivates marijuana exclusively for the personal medical use of no more than five specified qualified patients for whom he or she is the primary caregiver within the meaning of Section 11362.7 and does not receive remuneration for these activities, except for compensation provided in full compliance with subdivision (c) of Section 11362.765. For purposes of this section, the area used to cultivate marijuana shall be measured by the aggregate area of vegetative growth of live marijuana plants on the premises. Exemption from the requirements of this section does not limit or prevent a city, county, or city and county from regulating or banning the cultivation, storage, manufacture, transport, provision, or other activity by the exempt person, or impair the enforcement of that regulation or ban. SEC. 7. Section 13276 is added to the Water Code, to read: 13276. (a) The multiagency task force, the Department of Fish and Wildlife and State Water Resources Control Board pilot project to address the Environmental Impacts of Cannabis Cultivation, assigned to respond to the damages caused by marijuana cultivation on public and private lands in California, shall continue its enforcement efforts on a permanent basis and expand them to a statewide level to ensure the reduction of adverse impacts of marijuana cultivation on water quality and on fish and wildlife throughout the state. (b) Each regional board shall, and the State Water Resources Control Board may, address discharges of waste resulting from medical marijuana cultivation and associated activities, including by adopting a general permit, establishing waste discharge requirements, or taking action pursuant to Section 13269. In addressing these discharges, each regional board shall include conditions to address items that include, but are not limited to, all of the following: httpsiAeginfo.Legislature.ca.gov/facesTillNavclient xhtml?biIUd=201520160AB243 7/8 22 11/16/2015 Bill Text- AB-243 Medical marijuana. (1) Site development and maintenance, erosion control, and drainage features. (2) Stream crossing installation and maintenance. (3) Riparian and wetland protection and management. (4) Soil disposal. (5) Water storage and use. (6) Irrigation runoff. (7) Fertilizers and soil. (8) Pesticides and herbicides. (9) Petroleum products and other chemicals. (10) Cultivation -related waste. (11) Refuse and human waste. (12) Cleanup, restoration, and mitigation. SEC. 8. The provisions of thls act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. SEC. 9. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or Infraction, eliminates a crime or Infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. SEC. 10. This measure shall become operative only If both Assembly Bill 266 and Senate Bill 643 of the 2015- 16 Regular Session are enacted and become operative. fops.lAeginfo.legislature.ca.gov/faces/elliNaveliert xMmlebill id201520180AB243 88 23 RESOLUTION NO. 2015-27 (a) A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTION OF AN ORDINANCE ADDING SECTION 18.30.345 OF THE NATIONAL CITY MUNICIPAL CODE TO PROVIDE FOR THE CULTIVATION OF MARIJUANA FOR QUALIFIED PATIENTS AND PRIMARY CAREGIVERS CASE FILE NO. 2015-25 A WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the amendment of the National City Municipal Code, Chapter 18. 30.340; and, WHEREAS, the Planning Commission of the City of National City, California, considered said proposed amendment at duly advertised public hearings held on November 23, 2015 and December 7, 2015, at which time the Planning Commission considered evidence; and, WHEREAS, at said public hearing the Planning Commission considered the staff report provided for Case File No. 2015-25 A, which is maintained by the City and incorporated herein by reference, along with any other evidence presented at said hearing; and, WHEREAS, the Planning Commission of the City of National City recommends approval of an amendment to Title 18 (Zoning) adding section 18.30.345 of the National City Municipal Code to provide for the cultivation of marijuana for qualified patients and primary caregivers, attached hereto as Attachment "A"; and WHEREAS, the Planning Commission of the City of National City does not recommend approval of an amendment to Title 18 (Zoning) adding section 18.30.345 of the National City Municipal Code to prohibit medical marijuana cultivation, attached hereto as Attachment "B"; and WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WtiE-REAS, t actior+is-taken in n-ef#or to be -compliant with applicable Sty and Federal law; and, WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Planning Commission of the City of National City, California, that the evidence presented to the Planning Commission at the public hearings held on November 23, 2015 and December 7, 2015, support the following findings: 24 That the proposed amendment is in the public interest because proposed regulations related to medical marijuana cultivation will be consistent with Califomia Health and Safety Code sec ion 11362.5 (Compassionate Use Act) and Califomia Health and Safety Code sections 11362.7-11362.83 (Medical Marijuana Program), which are designed to protect the public health, safety, and welfare. 2. That the proposed amendment is in the public interest because nothing in the proposed regulation will be intended to override a peace officer's judgment and discretion based on a case -by -case evaluation of the totality of the circumstances, or to interfere with a peace officer's sworn duty to enforce applicable law. 3. That the proposed amendment is in the public interest because the proposed regulations will maintain the rights of a qualified patient or primary caregiver otherwise authorized by California Health and Safety Code section 11362.5(d). 4. That the proposed amendment is in the public interest because nothing in the proposed regulations will be intended to authorize the sale, distribution, possession of marijuana, or any other transaction, in violation of state law. 5. That the proposed amendment is consistent with the National City General Plan because the purpose of the Health and Environmental Justice Element of the General Plan is to ...improve living conditions to foster the physical health and well-being of National City's residents; based on the intent of Califomia Health and Safety Code section 11362.5 (Compassionate Use Act) and California Health and Safety Code sections 11362.7-11362.83 (Medical Marijuana), which allows for the use of medical marijuana for medicinal purposes for those with physical health issues, allowing for the cultivation of medical marijuana to aid in the treatment of physical health issues would be consistent with the General Plan. 6. That the proposed Amendment has been reviewed in compliance with the California Environmental Quality Act, and staff has determined that the proposed use is exempt from CEQA under section 15061(b)(3) — general rule, which states that CEQA applies only to projects which have the potential for causing a significant ems' ct ..on the enviro*Ment cultivation of marijuana ana- is not highTy different from the cultivation of standard crops, the raising of which is an allowed use in several zones throughout the City. BE IT FURTHER RESOLVED that the Planning Commission recommends approval to the City Council of an amendment to Title 18 (Zoning) adding section 18.30.345 of the National City Municipal Code to provide for the cultivation of marijuana for qualified patients and primary caregivers, attached hereto as Attachment "A", and 25 does not recommend the ordinance prohibiting cultivation of marijuana, attached hereto as Attachment "B". BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of December 7, 2015, by the following vote: AYES: Flores, Bush, bdamane, Garcia NAYS: Dela Paz, Alvarado, Baca ABSENT: None ABSTAIN: None HAIRPERSON 26 ATTACHMENT "A" ORDINANCE NO. 2015 -- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING SECTION 18.30.345 OF THE NATIONAL CITY MUNICIPAL CODE TO PROVIDE FOR THE CULTIVATION OF MARIJUANA FOR QUALIFIED PATIENTS AND PRIMARY CAREGIVERS WHEREAS, in 1996, California voters adopted Proposition 215, which is known as the Compassionate Use Act ("CUA") and which is codified as Health & Safety Code Section 11362.5 to allow for the use of medical marijuana for medicinal purposes; and WHEREAS, the CUA exempts qualified patients and their primary caregivers from criminal liability under state law for the possession and cultivation of marijuana for personal medical use; and WHEREAS, a qualified patient is an individual who has received a physician's recommendation for the use of marijuana for a medical purpose, and the primary caregiver is someone who has consistently assumed responsibility for the housing, health, or safety of a patient; and WHEREAS, in 2003, the Legislature adopted the Medical Marijuana Program ("MMP') in Health & Safety Code Section 11362.7 et seq. to clarify lawful medical marijuana practices such as who may possess marijuana and how much of the plant can be cultivated, and to establish a voluntary identification card program; and WHEREAS, the MMP provides that local agencies may regulate the location, operation, or establishment of a medical marijuana cooperative or collective; and WHEREAS, the MMP provides that a qualified patient or primary caregiver may grow or keep no more than 6 mature or 12 immature marijuana plants, or 8 ounces of dried marijuana (per qualified patient), and that local agencies may set higher limits for the amount of plants or dried marijuana that a qualified patient or primary caregiver may grow or keep; and WHEREAS, in 2012, the City Council adopted Ordinance 2012-2372 to prohibit medical marijuana dispensaries in the City as codified in National City Municipal Code Section 18.30.340; and WHEREAS, on October 9, 2015, Governor Brown approved the Medical Marijuana Regulation and Safety Act ("The Act"), which establishes comprehensive, statewide licensure and regulations for commercial medical marijuana activity that respect local control, protect pearls, promote public safety, and preserve-tii-ie enVirdnrr�eTt. T ht act is comprised three separate bills: Senate Bill 643 (McGuire), Assembly Bill 266 (Bonta, Cooley, Lackey and Jones -Sawyer), and Assembly Bill 243 (Wood). Only AB 243 and AB 266 affect local regulations. In general, AB 243 relates to medical marijuana cultivation; and, AB 266 relates to deliveries and mobile dispensaries; and WHEREAS, AB 243 provides that no person or entity may cultivate medical marijuana without first obtaining a state license, which is a program to be developed under the new law, and a license, permit or other entitlement from the local jurisdiction in which the cultivation would occur; and 27 WHEREAS, under AB 243, a Local agency may issue or deny permits for the cultivation of medical marijuana provided any conditional use permit is at least as stringent as the State's licensing requirements, which are yet to be developed, and the local agency must have land use regulations or ordinances in place no later than March 1, 2016, or the State becomes the sole licensing authority for medical marijuana in that local jurisdiction; and WHEREAS, pursuant to AB 243, cultivation of marijuana for personal medical use by a qualified patient of less than 100 square feet and cultivation of marijuana by a primary caregiver of less than 500 square feet for no more than 5 qualified patients without remuneration except for the allowed compensation under the MMP are exempt activities from the licensing requirements of The Act; provided, however, that local agencies may regulate or ban the cultivation, storage, manufacture, transport, provision or other related activities of exempt medical marijuana activities; and WHEREAS, the City's Land Use Code does not specifically regulate or prohibit the cultivation of medical marijuana; however, the City's Land Use Code is a "permissive zoning" code. This means that uses not expressly permitted are prohibited. Accordingly, cultivation is not currently allowed in National City as it is not specifically permitted by the Land Use Code; and WHEREAS, in order to ensure clarity in the light of recent enactment of The Act, and to affirmatively retain local land use control on this issue, the Land Use Code should be updated to be specific as to the prohibition or regulation of cultivation; and WHEREAS, the City does not cede its authority to regulate or prohibit the cultivation of medical marijuana to the State. NOW THEREFORE, the City Council of the City of National City does ordain as follows: Section 1. Section 18.30.345 of the National City Municipal Code is hereby added to read as follows: 18.30.345 Medical Marijuana Cultivation A. Purpose and Intent 1. It is the intent of the Council to adopt regulations consistent with the Compassionate Use Act (Health & Safety Code Section 11362.5), the Medical Marijuana Program (Health & Safety Code Sections 11362.7 et seq.), and the Medical Marijuana Regulation and Safety Act (Health & Safety Code Section 11362.77), and to protect the public health, safety_, and welfare. 2. Nothing in this Section is intended to override a peace officer's judgment and discretion based on a case -by -case evaluation of the totality of the circumstances, or to interfere with a peace officer's sworn duty to enforce applicable law. 3. Nothing in this Section is intended to reduce the rights of a qualified patient or primary caregiver otherwise authorized by Califomia Health and Safety Code section 11362.5(d). 4. This Section shall be interpreted in a manner consistent with state law. Ordinance No. 2015- 2 Medical Marijuana Cultivation Adding NCMC Section 18.30.345 28 Nothing in this Section is intended to authorize the sale, distribution, possession of marijuana, or any other transaction in violation of state law. 5. For purposes of this Section, the area used to cultivate marijuana shall be measured by the aggregate area of vegetative growth of live marijuana plants on the premises. B. Definitions For the purpose of this Section the following definitions shall apply: 1. "Marijuana" has the same meaning as in California Health & Safety Code Section 11018. 2. "Primary caregiver" means the individual designated by the qualified patient who has consistently assumed responsibility for the housing, health, or safety of the qualified patient, in accordance with state law, including California Health & Safety Code Section 11362.5. As explained in People v. Mentch, 45 Cal. 4th 274 (2008), a primary caregiver is a person who consistently provides caregiving to a qualified patient, independent of any assistance in taking medical marijuana, at or before the time he or she assumed responsibility for assisting with medical marijuana. 3. "Processed marijuana" means harvested marijuana that is in a form other than a live plant. 4. "Qualified patient" means a California resident having the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief in accordance with state law, including California Health & Safety Code Section 11362.5. 5. "State identification card" means the card issued to a patient or caregiver in accordance with Califomia Health & Safety Code Sections 11362.71 -11362.76. C. State Identification Card Holders: Permissible Amounts of Marijuana [Option 1 — based on San Diego model] A person in possession of a current and valid state identification card and who is within the jurisdictional limits of the City, is not subject to arrest for possession of marijuana, or detention by law enforcement longer than necessary to verify his or her status, or seizure by law enforcement of marijuana in his or her possession, if the amount of marijuana possessed is within the following limits: 1. Processed Marijuana - Qualified Patients. An individual who is a qualified patient may possess the total amount of processed marijuana, regardless of growing method, recommended by his or her physician for the length of time recommended by the physician, not to exceed one pound, or an amount consistent with the physician's recommendation, whichever is less. 2. Processed Marijuana - Primary Caregivers. An individual who is a primary caregiver may possess processed marijuana not to exceed one pound for each qualified patient for whom the individual serves as a verified primary caregiver, or an amount Ordinance No. 2015- 3 Medical Marijuana Cultivation Adding NCMC Section 18.30.345 29 consistent with the recommendation of the physician or physicians, whichever is less, except that such amount shall not exceed a total of two pounds. 3. Indoor Plants - Qualified Patients. A qualified patient may possess a maximum of twenty-four unharvested marijuana plants growing in an area of no more than 64 square feet, or an amount consistent with the physician's recommendation, whichever is Tess. 4. Indoor Plants - Primary Caregivers. A primary caregiver may possess a maximum of twenty-four unharvested marijuana plants growing in an area of no more than 64 square feet for each qualified patient for whom the individual serves as a primary caregiver, not to exceed a total of ninety-nine plants, or an amount consistent with the recommendation of the physician or physicians, whichever is Tess. 5. Outdoor/Greenhouse Plants s irpllelul}! No unsupervised outdoor marijuana cultivation shall be permitted. Growing marijuana shall only be permitted in a fully enclosed yard with a minimum six-foot fence perimeter and in a greenhouse or structure that must be locked and contained. The amount of marijuana grown in the enclosed yard with a minimum six-foot fence perimeter and greenhouses or structures that are locked and contained shall not exceed the permissible amounts for indoor plants according to this Section. C. State Identification Card Holders: Permissible Amounts of Marijuana [Option 2 based on State minimum levels] A person in possession of a current and valid state identification card and w• s within the jurisdictional limits of the City, is not subject to arrest for possession of -rijuana, or detention by law enforcement longer than necessary to verify his or her status, seizure by law enforcement of marijuana in his or her possession, if the amount of mar - na possessed is within the following limits: 1. Processed Marijuana - Qualified Patients. patient may possess the total amount of processed marijuana recommended by his or her physician for the length of time r to exceed eight ounces, or an amount consistent w whichever is more. dividual who is a qualified gardless of growing method, mmended by the physician, not the physician's recommendation, 2. Processed Marijuana - ary Caregivers. An individual who is a primary caregiver may possess processed arijuana not to exceed eight ounces for each qualified patient for whom the individual : es as a verified primary caregiver, or an amount consistent with the physician's reco ndation, whichever is more, except that such amount shall not exceed a total of two you 3. - Indoor ants --Qualified Patients. -A. qualified -patient -may -possess --six mature or 12 immature arijuana plants, or an amount consistent with the physician's recommendation, whic• er is more. 4. • Indoor Plants - Primary Caregivers. A primary caregiver may possess six mature or 1 mature marijuana plants for each qualified patient for whom the individual serves as primary caregiver, or an amount consistent with the recommendation of the physici- • •r physicians, whichever is more. 5. Outdoor/Greenhouse Plants [optional]. No unsupervised outdoor rijuana cultivation shall be permitted. Growing marijuana shall only be permitted in a fully Ordinance No. 2015- 4 Medical Marijuana Cultivation Adding NCMC Section 18.30.345 30 enclosed yard with a minimum six-foot fence perimeter and in a greenhouse or structure th must be locked and contained. The amount of marijuana grown in the enclosed yard wi. a minimum six-foot fence perimeter and greenhouses or structures that are locked and co 1-= ned shall not exceed the permissible amounts for indoor plants according to this Section. C. State Identification Card Holders: Permissible Amounts of Marijuan Option 3 — based on State maximum for exemption from State licensing requirement] A person in possession of a current and valid state identification car'- and who is within the jurisdictional limits of the City, is not subject to arrest for possess -on of marijuana, or detention by law enforcement longer than necessary to verify his or her s us, or seizure by law enforcement of marijuana in his or her possession, if the amount of arijuana possessed is within the following limits: 1. Processed Marijuana - Qualified Patients. individual who is a qualified patient may possess the total amount of processed marijuan regardless of growing method, recommended by his or her physician for the length of time ommended by the physician, not to exceed one pound, or an amount consistent with the p-ician's recommendation, whichever is less. 2. Processed Marijuana - Pri ' - ry Caregivers. An individual who is a primary caregiver may possess processed m- uana not to exceed one pound for each qualified patient for whom the individual serv- as a verified primary caregiver, or an amount consistent with the recommendation of the ysician or physicians, whichever is less, except that such amount shall not exceed a total . ' o pounds. 3. Indoor Plants - • ualified Patients. A qualified patient may cultivate marijuana plants in an area not exceed 100 square feet provided he or she cultivates marijuana for his or her persona ' edical use and does not sell, distribute, donate or provide marijuana to any other pers or entity, or an amount consistent with the physician's recommendation, whichever _ ess. 4. in• ,or Plants - Primary Caregivers. A primary caregiver may cultivate marijuana plants in a► rea of not to exceed 500 square feet provided he or she cultivates marijuana exclusive f`' for the personal medical use of no more than five specified qualified patients for who e or she is the primary caregiver within the meaning of Health & Safety Code Section - 362.7 and does not receive remuneration for these activities, except for compensatio .rovided in full compliance with Health & Safety Code Section 11362.765(c), 5. Outdoor/Greenhouse Plants [optional]. No unsupervised outdoor mariju - cultivation shall be permitted. Growing marijuana shall only be permitted in a fully ends, -- _- yard- -with -e--minimum-six-foot#er e--perimeteF a -greenhouse -or- stwetur-e that mu- be locked and contained. The amount of marijuana grown in the enclosed yard with a mum six-foot fence perimeter and greenhouses or structures that are locked and contained all not exceed the permissible amounts for indoor plants according to this Section. D. Locations for Cultivation 1. A qualified patient may cultivate medical marijuana in the amounts allowed under subsection C herein only in a legal residential unit in any residential or mixed use zone. Ordinance No. 2015- Adding NCMC Section 18.30.345 5 Medical Marijuana Cultivation 31 2. A primary caregiver may cultivate medical marijuana in the amounts allowed under subsection C herein in a legal residential unit in any residential or mixed use zone and in the Light Industrial ("IL") zone. 3. A qualified patient or primary caregiver may cultivate medical marijuana outdoors pursuant to subsection (C)(5) only in zones RS-1 and RS-2. [Gioiis al] 4. From the public right-of-way, there shall be no visual evidence of cultivation of the marijuana. frirPiismaig E. Conditional Use Permit. [Option 1—Primary Caregivers who exceed limits in subsection C] A primary caregiver may exceed the permissible medical marijuana activity allowed under subsections (C)(2) and (C)(4) in the IL zone only, but prior to doing so must obtain annually a conditional use permit from the City pursuant to National City Municipal Code Section 18.12.110, which permit conditions shall not be less stringent than the California Department of Food and Agriculture's licensing requirements for the cultivation of medical marijuana established pursuant to Health & Safety Code Section 11362.777. It is unlawful for any cultivation under CUP to be outdoors, and it is unlawful for any discharge from the cultivation to enter the City's storm drain system. E. Conditional Use Permit. [Option 2—Any Cultivistipolltfnection C] A primary caregiver or qualified pa ' ay cultivate medical marijuana under subsection (C), or a primary caregiver xceed the permissible medical marijuana activity allowed under subsections (C)(2)~_ (C)(4) in the IL zone only, but prior to doing so must obtain annually a condition permit from the City pursuant to National City Municipal Code Section 18.12.110, permit conditions shall not be less stringent than the California Department of and Agriculture's licensing requirements for the cultivation of medical marijuan Iished pursuant to Health & Safety Code Section 11362.777. it is unlawful for any ation under CUP to be outdoors, and it is unlawful for any discharge from the vation to enter the City's storm drain system. F. Violation — Penalty To TH6 eCTENT i4 ? 12. esenn rre,9 SY 5 TATE LAW, 1. , any person who violates any provision of this Section or fails to comply with any requirement thereof shall be guilty of a misdemeanor and shall be punished, cited, or penalized as provided in Title 1 of the National City Municipal Code. 2. Each day or portion thereof that a violation of this Section exists shall constitute a separate violation. 3. Each violation of this Section shall constitute a public nuisance. Section 2. The City Council finds that this Ordinance is exempt from the provisions of the California Environmental Quality Act ("CEQA") pursuant to Section 15061(b)(3) because there is no possibility that the activity in question may have a significant effect on the environment. Section 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Chapter, or its application to any person or circumstance, is for any Ordinance No. 2015- 6 Medical Marijuana Cultivation Adding NCMC Section 18.30.345 32 reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Chapter, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. EFFECTIVE DATE: This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk of the City of National City shall cause this Ordinance to be published pursuant to the provisions of Government Code Section 36933. INTRODUCED at a regular meeting of the City Council of the City of National, California held on the _ day of 2015, and thereafter, PASSED, APPROVED and ADOPTED this day of , 2015. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Ordinance No. 2015- 7 Medical Marijuana Cultivation Adding NCMC Section 18.30.345 33 ATTACHMENT "B" ORDINANCE NO. 2015 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING SECTION 18.30.345 OF THE NATIONAL CITY MUNICIPAL CODE TO PROHIBIT CULTIVATION OF MARIJUANA WHEREAS, in 2012, the City Council adopted Ordinance 2012-2372 to prohibit medical marijuana dispensaries in the City as codified in National City Municipal Code Section 18.30.340; and WHEREAS, on October 9, 2015, Governor Brown approved the Medical Marijuana Regulation and Safety Act ("The Act"), which establishes comprehensive, statewide Iicensure and regulations for commercial medical marijuana activity that respect Local control, protect patients, promote public safety, and preserve the environment. The Act is comprised of three separate bills: Senate Bill 643 (McGuire), Assembly Bill 266 (Bonta, Cooley, Lackey and Jones -Sawyer), and Assembly Bill 243 (Wood). Only AB 243 and AB 266 affect local regulations. In general, AB 243 relates to medical marijuana cultivation; and, AB 266 relates to deliveries and mobile dispensaries; and WHEREAS, the City's Land Use Code does not specifically regulate or prohibit the cultivation of medical marijuana; however, the City's Land Use Code is a "permissive zoning" code. This means that uses not expressly permitted are prohibited. Accordingly, cultivation is not currently allowed in National City as it is not specifically permitted by the Land Use Code; and WHEREAS, in order to ensure clarity in the Tight of recent enactment of The Act, and to affirmatively retain local land use control on this issue, the Land Use Code should be updated to be specific as to the prohibition or regulation of cultivation; and WHEREAS, the City does not cede its authority to regulate or prohibit the cultivation of medical marijuana to the State. NOW THEREFORE, the City Council of the City of National City does ordain as follows: Section 1. read as follows: Section 18.30.345 of the National City Municipal Code is hereby added to 18.30.345 Medical Marijuana Cultivation A. Prohibition 1. Cultivation of marijuana for medicinal purposes is prohibited. 2. Cultivation of marijuana is prohibited regardless of purpose. B. Definitions For the purpose of this Section the following definitions shall apply: 1. Cultivation of marijuana shall mean the planting, growing, cultivating, 34 harvesting, drying, or processing of marijuana. 2. For purposes of this section, "marijuana" shall have the same meaning as the definition of that word in Section 11018 of the California Health and Safety Code" has the same meaning as in California Health & Safety Code Section 11018. Section 2. The proposed amendment is exempt from the California Environmental Quality Act (CEQA) under section 15061(b)(3) — general rule; the project is not considered a project under CF.C.A as there is no possibility that the activity in question may have a significant impact on the environment; cultivation is currently not a permitted use and this Code Amendment affirms that marijuana cultivation is prohibited. EFFECTIVE DATE: This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk of the City of National City shall cause this Ordinance to be published pursuant to the provisions of Government Code Section 36933. INTRODUCED at a regular meeting of the City Council of the City of National, California held on the _ day of 2015, and thereafter, PASSED, APPROVED and ADOPTED this day of , 2015. Ron Morrison, Mayor ATTEST: Michael R. Dalia, City Clerk APPROVED AS TO FORM: Claudia G. Silva trity Attorney Ordinance No. 2015- 2 Medical Marijuana Cultivation Adding NCMC Section 18.30.345 35 Title: Item no. 9 December 7, 2015 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT PUBLIC HEARING — AN AMENDMENT TO TITLE 18 (ZONING) CHAPTER 18.30.340 OF THE NATIONAL CITY MUNICIPAL CODE (MEDICAL MARIJUANA DISPENSARIES) TO ADDRESS CULTIVATION OF MARIJUANA. Case File No.: 2015-25 A Location: Citywide Staff report by: Martin Reeder, A1CP — Principal Planner Applicant: City -initiated Environmental review: Not a project under CEQA (no physical change) Staff recommendation: Recommend approval of an Amendment prohibiting marijuana cultivation Background The City is seeking an amendment to the Municipal Code in order to address the cultivation of marijuana. The amendment is needed in order to respond to recent changes in state law scheduled to take effect in 2016. Previous Action The Planning Commission initiated a Municipal Code Amendment to address marijuana cultivation at their regular meeting of November 2, 2015. The Commission asked staff to return with options for both the regulation and prohibition of medical marijuana cultivation. Although staff had originally suggested an amendment covering deliveries of marijuana and mobile marijuana dispensaries in addition to cultivation, the Commission 36 chose to initiate an amendment that only addresses marijuana cultivation. Commission requested options for both regulation and prohibition. The Planning Commission conducted a Public Hearing at a Special Meeting held on November 23, 2016. Staff recommended prohibition due to the short timeframe of the State legislation. Staff felt that there was not enough time to craft a thoughtfully - prepared Ordinance in enough time to meet the State deadline of March 1, 2016. The point was made that prohibition now would not preclude future regulation. The City of San Diego's marijuana cultivation Ordinance was provided to Commission as a framework for a possible regulation Ordinance. The Planning Commission adopted a resolution recommending an Ordinance regulating medical marijuana modeled on San Diego regulations. As an ordinance regulating medical marijuana had not yet been drafted, a public hearing with the draft ordinance as well as the other ordinance are now before the Planning Commission for their recommendation. The Planning Commission recommendation will be forwarded to the City Council. State Legislation In 1996 California voters adopted Proposition 215, which is known as the Compassionate Use Act ("CUA"), which is codified as Health & Safety Code Section 11362.5, to allow for the use of medical marijuana for medicinal purposes. The CUA exempts qualified patients and their primary caregivers from criminal liability under state law for the possession and cultivation of marijuana for personal medical use. A qualified patient is an individual who has received a physician's recommendation for the use of marijuana for a medical purpose. A primary caregiver is someone who has consistently assumed responsibility for the housing, health, or safety of a qualified patient. In 2003 the State Legislature adopted the Medical Marijuana Program ("MMP") in Health & Safety Code Section 11362.7 et seq. to clarify lawful medical marijuana practices such as who may possess marijuana and how much of the plant can be cultivated, and to establish a voluntary identification card program. The MMP provides that iocal agencies may regulate the location, operation, or establishment of a medical marijuana- oper-attve. or collective. in addition., he .MMP provides. that .a q_ua.lified patient or primary caregiver may grow or keep no more than 6 mature or 12 immature marijuana plants, or 8 ounces of dried marijuana (per qualified patient), and that local agencies may set higher limits for the amount of plants or dried marijuana that a qualified patient or primary caregiver may grow or keep. 37 In 2012 the City Council adopted Ordinance 2012-2372 to prohibit medical marijuana dispensaries in the City as codified in National City Municipal Code Section 18.30.340. On October 9, 2015, Governor Brown approved the Medical Marijuana Regulation and Safety Act ("The Act"), which establishes comprehensive, statewide licensing regulations for commercial medical marijuana activity that respect local control, protect patients, promote public safety, and preserve the environment. The Act is comprised of three separate bills: Senate Bill 643 (McGuire), Assembly Bill 266 (Bonta, Cooley, Lackey and Jones -Sawyer), and Assembly Bill 243 (Wood). Only AB 243 and AB 266 affect local regulations. In general, AB 243 relates to medical marijuana cultivation; and, AB 266 relates to deliveries and mobile dispensaries. AB 243 provides that no person or entity may cultivate medical marijuana without a state license (which is a program to be developed under the new law), and a license, permit or other entitlement from the local jurisdiction in which the cultivation would occur. Under AB 243, a local agency may issue or deny permits for the cultivation of medical marijuana provided any conditional use permit is at least as stringent as the State's licensing requirements (which are yet to be developed) and the local agency must have land use regulations or ordinances in place no later than March 1, 2016, or the State becomes the sole licensing authority for medical marijuana cultivation in that local jurisdiction. Pursuant to AB 243, cultivation of marijuana for personal medical use by a qualified patient of less than 100 square feet and cultivation of marijuana by a primary caregiver of less than 500 square feet for no more than 5 qualified patients without remuneration — except for the allowed compensation under the MMP — are exempt activities from the licensing requirements of The Act; provided, however, that local agencies may regulate or ban the cultivation, storage, manufacture, transport, provision or other related activities of exempt medical marijuana activities. The City's Land Use Code does not specifically regulate or prohibit the cultivation of medical marijuana; however, the City's Land Use Code is a "permissive zoning' code. This means that uses not expressly permitted are prohibited. Accordingly, cultivation is not .currently allowed -in National City as it is not specifically _permitted_ by the Land Use Code. In order to ensure clarity in the light of recent enactment of The Act, and to affirmatively retain local land use control on this issue, the Land Use Code should be updated to be specific as to the prohibition or regulation of cultivation. 38 Proposal Ordinances for prohibition and for regulation are both before you for consideration, so that a complete recommendation can be forwarded to the City Council for their consideration. Two resolutions are provided for your consideration 1) recommending the regulatory Ordinance, and 2) recommending the prohibition Ordinance. As the Planning Commission has already indicated a preference for regulation, the discussion below focuses on the draft regulatory Ordinance provided for your consideration. The general purpose of the amendment is to amend the chapter to address the regulation of medical marijuana cultivation. Options for regulation are discussed in the `Analysis' section below. Staff is still recommending prohibition of marijuana cuitivation and feels that additional time is needed to research potential effects of recent legislation and to fully vet other Ordinances prior to using them as a framework for the City of National City. As previously mentioned, prohibition now would not preclude future regulation. Analysis Based on direction and comments from the Planning Commission, the attached Ordinance provides three different options for review and consideration. The three options are for the permissible amounts of marijuana based on City of San Diego regulations, State minimum levels, and State maximum levels. In addition, options are provided regarding a Conditional Use Permit. Lastly, the zones in which cultivation may occur are specified, and options are provided related to outdoor cultivation. C. State Identification Card Holders: Permissible Amounts of Marijuana. Option 1 (based on San Diego modal) A person in possession of a current and valid state identification card and who is within the jurisdictional limits of the City, is not subject to arrest for possession of marijuana, or detention by law enforcement longer than necessary to verify his or her status, or seizure by law enforcement of marijuana in his or her possession, if the amount of marijuana possessed is within the following limits: 1. Processed Marijuana - Qualified Patients. An individual who is a qualified patient may possess the total amount of processed marijuana, regardless of growing method, recommended by.hiis or her ph sipi r for the length of time recommended by the physician, not to exceed one pound, or an amount consistent with the physician's recommendation, whichever is less. 2. Processed Marijuana - Primary Caregivers. An individual who is a primary caregiver may possess processed marijuana not to exceed one pound for each qualified patient for whom the individual serves as a verified primary 39 caregiver, or an amount consistent with the recommendation of the physician or physicians, whichever is Tess, except that such amount shall not exceed a total of two pounds. 3. Indoor Plants - Qualified Patients. A qualified patient may possess a maximum of twenty-four unharvested marijuana plants growing in an area of no more than 64 square feet, or an amount consistent with the physician's recommendation, whichever is Tess. 4. Indoor Plants - Primary Caregivers. A primary caregiver may possess a maximum of twenty-four unharvested marijuana plants growing in an area of no more than 64 square feet for each qualified patient for whom the individual serves as a primary caregiver, not to exceed a total of ninety- nine plants, or an amount consistent with the recommendation of the physician or physicians, whichever is less. 5. Outdoor/Greenhouse Plants [optional]. No unsupervised outdoor marijuana cultivation shall be permitted. Growing marijuana shall only be permitted in a fully enclosed yard with a minimum six-foot fence perimeter and in a greenhouse or structure that must be locked and contained. The amount of marijuana grown in the enclosed yard with a minimum six-foot fence perimeter and greenhouses or structures that are locked and contained shall not exceed the permissible amounts for indoor plants according to this Section. Option 2 (based on State minimum levels), A person in possession of a current and valid state identitication card and who is within the jurisdictional limits of the City, is not subject to arrest for possession of marijuana, or detention by law enforcement longer than necessary to verify his or her status, or seizure by law enforcement of marijuana in his or her possession, if the amount of marijuana possessed is within the following limits: 1. Processed Marijuana - Qualified Patients. An individual who is a qualified patient may possess the total amount of processed marijuana, regardless of growing method, recommended by his or her physician for the length of time recommended by the physician, not to exceed eight ounces, or an amount consistent with the physician's recommendation, whichever is more. 2. Processed Marijuana - Primary Caregivers. An individual who is a primary caregiver may possess processed marijuana not to exceed eight ounces for each qualified patient for whom the individual serves as a verified primary caregiver, or an amount consistent with the physician's recommendation, whichever is more, except that such amount shall not exceed a total of two pounds. 40 3. Indoor Plants - Qualified Patients. A qualified patient may possess six mature or 12 immature marijuana plants, or an amount consistent with the physician's recommendation, whichever is more. 4. Indoor Plants - Primary Caregivers. A primary caregiver may possess six mature or 12 immature marijuana plants for each qualified patient for whom the individual serves as a primary caregiver, or an amount consistent with the recommendation of the physician or physicians, whichever is more. 5. Outdoor/Greenhouse Plants [optional]. No unsupervised outdoor marijuana cultivation shall be permitted. Growing marijuana shall only be permitted in a fully enclosed yard with a minimum six foot fence perimeter and in a greenhouse or structure that must be locked and contained. The amount of marijuana grown in the enclosed yard with a minimum six-foot fence perimeter and greenhouses or structures that are locked and contained shall not exceed the permissible amounts for indoor plants according to this Section. Option 3 (based on State maximum levels for exemption from State licensing requirement) A person in possession of a current and valid state identification card and who is within the jurisdictional limits of the City, is not subject to arrest for possession of marijuana, or detention by law enforcement longer than necessary to verify his or her status, or seizure by law enforcement of marijuana in his or her possession, if the amount of marijuana possessed is within the following limits: 1. Processed Marijuana - Qualified Patients. An individual who is a qualified patient may possess the total amount of processed marijuana, regardless of growing method, recommended by his or her physician for the length of time recommended by the physician, not to exceed one pound, or an amount consistent with the physician's recommendation, whichever is less. 2. Processed Marijuana - Primary Caregivers. An individual who is a primary caregiver may possess processed marijuana not to exceed one pound for each qualified patient for whom the individual serves as a verified primary caregiver, t r -are -amount sat--- --with the -reeemrnendetn. _ef -the physician or physicians, whichever is less, except that such amount shall not exceed a total of two pounds. 3. Indoor Plants - Qualified Patients. A qualified patient may cultivate marijuana plants in an area not to exceed 100 square feet provided he or she cultivates marijuana for his or her personal medical use and does not sell, distribute, donate or provide marijuana to any other person or entity, 41 or an amount consistent with the physician's recommendation, whichever is less. 4. Indoor Plants - Primary Caregivers. A primary caregiver may cultivate marijuana plants in an area of not to exceed 500 square feet provided he or she cultivates marijuana exclusively for the personal medical use of no more than five specified qualified patients for whom he or she is the primary caregiver within the meaning of Health & Safety Code Section 11362.7 and does not receive remuneration for these activities, except for compensation provided in full compliance with Health & Safety Code Section 11362.765(c). 5. Outdoor/Greenhouse Plants [optional]. No unsupervised outdoor marijuana cultivation shall be permitted. Growing marijuana shall only be permitted in a fully enclosed yard with a minimum six-foot fence perimeter and in a greenhouse or structure that must be locked and contained. The amount of marijuana grown in the enclosed yard with a minimum six-foot fence perimeter and greenhouses or structures that are locked and contained shall not exceed the permissible amounts for indoor plants according to this Section. Note the option to allow outdoor/greenhouse plants in No. 5 of the three options above. The Commission should consider the issues associated with outdoor cultivation, including theft, security, and odor impacts. The Ordinance can be forwarded with the recommendation to allow or to prohibit outdoor/greenhouse marijuana cultivation. Cultivation Locations At the special meeting of November 23, 2015, the Planning Commission adopted a resolution related to qualified patients or primary caregivers. The original intent was to allow for cultivation at residential locations, particularly for qualified patients. However, it is likely that primary caregivers would need additional room outside of their residence if taking care of multiple patients. As such, they could be permitted to cultivate in locations within the Light Industrial (IL zone), subject to the limitations contained in section "C". There are also options related to zones for outdoor cultivation and screening of the use from adjacent areas. 0. Locations for Cultivation 1. A qualified patient may cultivate medical marijuana in the amounts allowed under subsection C herein only in a legal residential unit in any residential or mixed use zone. 2. A primary caregiver may cultivate medical marijuana in the amounts allowed under subsection C herein in a legal residential unit in any 42 residential or mixed use zone and in the Light Industrial ("IL") zone. 3. A qualified patient or primary caregiver may cultivate medical marijuana outdoors pursuant to subsection {C)(5) only in zones RS-1 and RS-2. (optional] 4. From the public right-of-way, there shall be no visual evidence of cultivation of the marijuana. [optional] Staff is recommending that if outdoor cultivation is permitted that it be allowed only in an enclosed greenhouse or other structure and only in zones RS-1 or RS-2 because the lots are generally larger than other residential zones, which would minimize impacts to the neighborhood. Also, the ordinance could include a provision to prevent any visual impacts of cultivation from the public right-of-way in order to discourage theft and other criminal activity. Another optional element of the regulation of cultivation is whether or not to require a Conditional Use Permit. The CUP regulation could be used to exceed the amounts in section "C", if the cultivation location is associated with a primary caregiver and if located in the IL zone; or, a CUP could be required for all who cultivate. The following optional language is included in the draft Ordinance. E. Conditional Use Permit. [Option 1—Primary Caregivers who exceed limits in subsection C] A primary caregiver may exceed the permissible medical marijuana activity allowed under subsections (C)(2) and (C)(4) in the IL zone only, but prior to doing so must obtain annually a conditional use permit from the City pursuant to National City Municipal Code Section 18.12.110, which permit conditions shall not be less stringent than the California Department of Food and Agriculture's licensing requirements for the cultivation of medical marijuana established pursuant to Health & Safety Code Section 11362.777. It is unlawful for any cultivation under CUP to be outdoors, and it is unlawful for any discharge from the cultivation to enter the City's storm drain system. E Conditional Use Permit. [Option 2—Any Cultivation subsection C] A primary caregiver or qualified patient may cultivate medical marijuana under subseetie n -(C), or a- primapi• egiver may exceed - the ,permissible -m-edica.l. marijuana activity allowed under subsections (C)(2) and (C)(4) in the IL zone only, but prior to doing so must obtain annually a conditional use permit from the City pursuant to National City Municipal Code Section 18.12.110, which permit conditions shall not be less stringent than the California Department of Food and Agriculture's licensing requirements for the cultivation of medical marijuana established pursuant to Health & Safety Code Section 11362.777. It is unlawful 43 for any cultivation under CUP to be outdoors, and it is unlawful for any discharge from the cultivation to enter the City's storm drain system. The intent of this language is to insure that adequate conditions are placed on OUP's regarding impacts related to odor, public nuisance, and discharge of cultivation runoff in to the City's sewer/storm drain system. The CUP would be annual in nature, in order to capture any potential changes in State laws that may be forthcoming. Uses exceeding the normally -permissible amounts would be allowed in the Light Industrial (IL) zone and would be required to be inside a building. General Plan consistency The purpose of the Health and Environmental Justice Element of the General Plan is to ...improve living conditions to foster the physical health and well-being of National City's residents. Based on the intent of California Health and Safety Code section 11362.5 (Compassionate Use Act) and California Health and Safety Code sections 11362.7- 11362.83 (Medical Marijuana), which allows for the use of medical marijuana for medicinal purposes per Proposition 215 (known as the Compassionate Use Act) for those with physical health issues, allowing for the cultivation of medical marijuana to aid in the treatment of physical health issues weigh in favor of finding such use consistent with the General Plan. It should be noted the public safety concerns do appear to weigh against such a finding (see Police Department comments below). California Environmental Quality Act The proposed Amendment has been reviewed in compliance with the California Environmental Quality Act. Staff has determined that the proposed use is exempt from CEQA under section 15061(b)(3) — general rule. The general rule states that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Cultivation is not highly different from the cultivation of standard crops, the raising of which is an allowed use in several zones throughout the City. Therefore, the activity is not subject to CEQA. Police Department comments PD staff has relayed concerns related to marijuana cultivation and has suggested a "wait and see". position.. PD suggests waiting to see if there are adverse impacts in other cities due to the recent legislation prior to enacting a regulatory Ordinance in National City. PD's concerns are as follows: Q There are currently no statistics about cultivation and crime o The activity is too new for accurate statistics 44 o Previous experience shows that cash crops are subject to theft/violence and other quality of life issues • Enforcement challenges o National City PD does not currently have a Vice Team o Current staffing levels do not support enforcement Proximity to schools and parks o Size of National City verses other metropolitan areas o Charter schools In National City o National City School District schools o Sweetwater Union High School District schools o WI-TOD • PD recommends prohibition - wait and see how other cities and communities are impacted by cultivation • Regulation does not necessarily ensure compliance Overview In order to simplify the new regulation contained in the proposed regulation Ordinance, the following matrix is provided. The matrix is intended to provide an "at a glance" view of the limitations on permissible amounts of marijuana that can be grown, stored, and processed; and where the use may be located (zones). The matrix also compares the limitations in AB 243 to the original MMP (Medical Marijuana Program) and to the City of San Diego. MMP AB 243 San Diego Ordinance Possession of 8 ounces per qualified No regulations. One pound per qualified Dried Marijuana ("processed") patient (minimum) patient or amount recommended by physician whichever is less (caregiver may have up to two pounds per patient) Live Marijuana 6 mature or 12 immature Exemption from • A qualified patient may Plants plants (minimum) licensing: 100 square feet for qualified patient 50asq.uare-feet-for.a primary caregiver for up to 5 qualified patients State licensing for 10 types of cultivators of outdoor/ indoor, with or without artificial lighting, and different sizes have the lesser of 24 plants or the amount the physician recommends in as area of less than 64 square feet Caregiver may have the above amount for each patient in his or her care up to 99 plants 45 Outdoor cultivation Zoning restrictions Conditional Use Permit for Cultivation No restrictions. 2010 and 2011 amendments allow for cities to regulate location or establishment of cooperatives. No regulations specific to cultivation —only limiting the location of cooperatives. No requirements for a CUP. No restrictions for exempt cultivation and specific licenses required for outdoor cultivation for non- exempt cultivation. Cities may regulate or ban the cultivation, storage, manufacture, transport, provision or other related activity of marijuana cultivation even if exempt. Cultivation requires state license and a license, permit or entitlement by local agency provided local agency regulates or prohibits cultivation by March 1, 2016. State standards for licensing to be developed to mitigate environmental and other impacts. City CUP must not be less stringent than state's standards. Outdoor cultivation allowed within a fully enclosed yard with 6 foot fences or in a greenhouse/structure that is locked and contained. No zoning restrictions on personal cultivation by qualified patient or primary caregiver. Cooperatives are allowed in specific zones only (not residential). Cooperatives, which can cultivate marijuana, require a CUP. Cultivation for personal use by a qualified patient or by a qualified caregiver does not require a CUP. Summary Due to the short notice provided by the State, an Ordinance related to the regulation or prohibition of medical marijuana cultivation must be reviewed and a recommendation made to City Council as soon as possible. Although staff has maintained that there is not enough time to fully capture and analyze the issues resulting from regulating cultivation in the City, staff has provided a regulatory Ordinance as complete as reasonably possible — as requested by the Planning Commission. The Commission's recommendation will be forwarded to the City Council at a subsequent public hearing. The Police Department and City staff, given the time constraints and pending nature of who- Gan be licensed --under the-- State -law and what.. the State -program _ may. look like, recommend a non -regulatory direction. 46 OPTIONS 1. Recommend approval of the Amendment to Section 18,30.340 of the Land Use Code, regulating marijuana cultivation, based on the attached findings; or 2. Recommend approval of the Amendment to Section 18.30.340 of the Land Use Code, prohibiting marijuana cultivation, based on findings to be made by the Planning Commission; or 3. Continue this meeting for additional discussion, if needed, and adjourn to that continued meeting to be held on December 14, 2015, in order to maintain the necessary timeline required to have an Ordinance in effect by March 1, 2016. ATTACHMENTS 1. Recommended Findings for Approval of an amendment regulating marijuana cultivation 2. Recommended Findings for Approval of an amendment prohibiting marijuana cultivation 3. Assembly Bill 243 4. Ordinance proposing new Land Use Code Chapter 18.30.345 — Medical Marijuana Cultivation that regulates medical marijuana cultivation. 5. Ordinance proposing new Land Use Code Chapter 18.30.345 — Medical Marijuana Cultivation that prohibits medical marijuana cultivation. 6. Planning Commission staff report from special meeting of November 23, 2015 7. Public comments received and distributed to Planning Commission at the special meeting of November 23, 2015 8. Electronic mail correspondence received since the special meeting of November 23, 2015 • 9. Public Notice (published in the San Diego Union -Tribune, not mailed) 10, Resolution (a) — recommending regulation 11. Resolution (b) — recommending prohibition MARTIN REEDER, AICP Principal Planner BRAD RAULSTON Executive Director 47 RECOMMENDED FINDINGS FOR APPROVAL OF AN AMENDMENT TO TITLE 18 (ZONING) CHAPTER 18.30.340 OF THE NATIONAL CITY MUNICIPAL CODE (MEDICAL MARIJUANA DISPENSARIES) TO REGULATE CULTIVATION OF MEDICAL MARIJUANA AND MARIJUANA GENERALLY. CASE FILE 2015-25 A 1. That the proposed amendment is in the public interest because proposed regulations related to medical marijuana cultivation will be consistent with California Health and Safety Code section 11362.5 (Compassionate Use Act) and California Health and Safety Code sections 11362.7-11362.83 (Medical Marijuana Program), which are designed to protect the public health, safety, and welfare. 2. That the proposed amendment is in the public interest because nothing in the proposed regulation will be intended to override a peace officer's judgment and discretion based on a case -by -case evaluation of the totality of the circumstances, or to interfere with a peace officer's sworn duty to enforce applicable law. 3. That the proposed amendment is in the public interest because the proposed regulations will maintain the rights of a qualified patient or primary caregiver otherwise authorized by California Health and Safety Code section 11362.5(d). 4. That the proposed amendment is in the public interest because nothing in the proposed regulations will be intended to authorize the sale, distribution, possession of marijuana, or any other transaction, in violation of state law. 5. That the proposed amendment is consistent with the National City General Plan because the purpose of the Health and Environmental Justice Element of the General Plan is to ...improve living conditions to foster the physical health and well-being of National City's residents; based on the intent of California Health and Safety Code section 11362.5 (Compassionate Use Act) and Califomia Health and Safety Code sections 11362.7-i1362 83- (Mewical Marijuana), which allows thrthe use of medical marijuana for medicinal purposes for those with physical health issues, allowing for the cultivation of medical marijuana to aid in the treatment of physical health issues would be consistent with the General Plan. 6. That the proposed Amendment has been reviewed in compliance with the California Environmental Quality Act, and staff has determined that the proposed 48 use is exempt from CEQA under section 15061(b)(3) general rule, which states that CEQA appiies only to projects which have the potential for causing a significant effect on the environment — cultivation of marijuana is not highly different from the cultivation of standard crops, the raising of which is an allowed use in several zones throughout the City. 49 RECOMMENDED FINDINGS FOR APPROVAL OF AN AMENDMENT TO TITLE 18 (ZONING) CHAPTER 18.30.340 OF THE NATIONAL CITY MUNICIPAL CODE (MEDICAL MARIJUANA DISPENSARIES) TO PROHIBIT CULTIVATION OF MEDICAL MARIJUANA AND MARIJUANA GENERALLY. CASE FILE 2015-25 A 1. That the proposed amendment is in the public interest because it retains local land use authority by the City; and local land use should remain with the City, because the City should retain its legislative function to determine what uses are most appropriate within its jurisdiction. 2. The compressed time frame from the State of California to enact an ordinance so that the City can continue local land use control over cultivation does not provide sufficient time to fully research and analyze the issues regarding allowing cultivation in the City; and prohibition of cultivation preserves local land use control while allowing for a subsequent amendment establishing regulation over cultivation at a later date, if so desired. 3. That the proposed amendment is in the public interest because marijuana cultivation in other California jurisdictions has resulted in impacts such as increased gun violence, robberies, traffic accidents/fatalities, and environmental impacts caused by pollutant discharge from growing operations, which would pose significant health threats to National City residents. 4. That the proposed amendment is in the public interest and is consistent with General Plan policy, because the purpose of the Health and Environmental Justice Element of the General Plan is to identify public health risks and environmental justice concerns and improve living conditions to foster the physical health and well-being of National City's residents, and because the Police Department has concluded that marijuana poses significant health threats to users. 5. That -the proposed amendment has been-feviewed to be in compliance wit the California Environmental Quality Act (CEQA), because it has been determined that the proposed use is exempt from CEQA under section 15061(b)(3) — general rule. The project is not considered a project under CEQA; there is no possibility that the activity in question may have a significant impact on the environment. Cultivation is currently not a permitted use and this Code Amendment affirms that marijuana cultivation is prohibited. 50 ORDINANCE NO. 2015 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING SECTION 18.30.345 OF THE NATIONAL CITY MUNICIPAL CODE TO PROVIDE FOR THE CULTIVATION OF MARIJUANA FOR QUALIFIED PATIENTS AND PRIMARY CAREGIVERS WHEREAS, in 1996, California voters adopted Proposition 215, which is known as the Compassionate Use Act ("CUA") and which is codified as Health & Safety Code Section 11362.5 to allow for the use of medical marijuana for medicinal purposes; and WHEREAS, the CUA exempts qualified patients and their primary caregivers from criminal liability under state law for the possession and cultivation of marijuana for personal medical use; and WHEREAS, a qualified patient is an individual who has received a physician's recommendation for the use of marijuana for a medical purpose, and the primary caregiver is someone who has consistently assumed responsibility for the housing, health, or safety of a patient; and WHEREAS, in 2003, the Legislature adopted the Medical Marijuana Program ("MMP") in Health & Safety Code Section 11362.7 et seq. to clarify lawful medical marijuana practices such as who may possess marijuana and how much of the plant can be cultivated, and to establish a voluntary identification card program; and WHEREAS, the MMP provides that local agencies may regulate the location, operation, or establishment of a medical marijuana cooperative or collective; and WHEREAS, the MMP provides that a qualified patient or primary caregiver may grow or keep no more than 6 mature or 12 immature marijuana plants, or 8 ounces of dried marijuana (per qualified patient), and that local agencies may set higher limits for the amount of piants or dried marijuana that a qualified patient or primary caregiver may grow or keep; and WHEREAS, in 2012, the City Council adopted Ordinance 2012-2372 to prohibit medical marijuana dispensaries in the City as codified iri National City Municipai Code Section 18.30.340; and WHEREAS, on October 9, 2015, Governor Brown approved the Medical Marijuana Regulation and Safety Act ("The Act"), which establishes comprehensive, statewide licensure and regulations for commercial medical marijuana activity that respect local control, protect patients, promote public safety, and preserve the environment. The Act is comprised of three separate bills: Senate Bill 643 (McGuire), Assembly Bill 266 (Banta Cooley, Lackey and Jones -Sawyer), and Assembly Bill 243 (Wood). Only AB 243 and AB 266 affect local regulations. In general, AB 243 relates to medical marijuana cultivation; and, AB 266 relates to deliveries and mobile dispensaries; and WHEREAS, AB 243 provides that no person or entity may cultivate medical marijuana without first obtaining a state license, which is a program to be developed under the new law, and a license, permit or other entitlement from the local jurisdiction in which the cultivation would occur; and WHEREAS, under AB 243, a local agency may issue or deny permits for the cultivation of medical marijuana provided any conditional use permit is at least as stringent as 51 the State's licensing requirements, which are yet to be developed, and the local agency must have land use regulations or ordinances in place no later than March 1, 2016, or the State becomes the sole licensing authority for medical marijuana in that local jurisdiction; and WHEREAS, pursuant to AB 243, cultivation of marijuana for personal medical use by a qualified patient of less than 100 square feet and cultivation of marijuana by a primary caregiver of less than 500 square feet for no more than 5 qualified patients without remuneration except for the allowed compensation under the MMP are exempt activities from the licensing requirements of The Act; provided, however, that local agencies may regulate or ban the cultivation, storage, manufacture, transport, provision or other related activities of exempt medical marijuana activities; and WHEREAS, the City's Land Use Code does not specifically regulate or prohibit the cultivation of medical marijuana; however, the City's Land Use Code is a "permissive zoning" code. This means that uses not expressly permitted are prohibited. Accordingly, cultivation is not currently altowed in National City as it is not specifically permitted by the Land Use Code; and WHEREAS, in order to ensure clarity in the light of recent enactment of The Act, and to affirmatively retain local land use control on this issue, the Land Use Code should be updated to be specific as to the prohibition or regulation of cultivation; and WHEREAS, the City does not cede its authority to regulate or prohibit the cultivation of medical marijuana to the State. NOW THEREFORE, the City Council of the City of National City does ordain as follows: Section 1. read as follows; Section 18.30.345 of the National City Municipal Code is hereby added to 18.30.345 Medical Marijuana Cultivation A. Purpose and Intent 1. It is the intent of the Council to adopt regulations consistent with the Compassionate Use Act (Health & Safety Code Section 11362.5), the Medical Marijuana Program (Health & Safety Code Sections 11362.7 et seq.), and the Medical Marijuana Regulation and Safety Act (Health & Safety Code Section 11362.77), and to protect the public health, safety, and welfare. 2. Nothing_ in this Section is intended to override a peace officer's judgment. and discretion based on a case -by -case evaluation of the totality of the circumstances, or to interfere with a peace officer's sworn duty to enforce applicable law. 3. Nothing in this Section is intended to reduce the rights of a qualified patient or primary caregiver otherwise authorized by California Health and Safety Code section 11362.5(d). 4. This Section shall be interpreted in a manner consistent with state law. Nothing in this Section is intended to authorize the sale, distribution, possession of marijuana, or any other transaction in violation of state law. Ordinance No. 2015- 2 Medical Marijuana Cultivation Adding NCMC Section 18.30.345 52 5. For purposes of this Section, the area used to cultivate marijuana shall be measured by the aggregate area of vegetative growth of live marijuana plants on the premises. B. Definitions For the purpose of this Section the following definitions shall apply: 1. "Marijuana" has the same meaning as in California Health & Safety Code Section 11018. 2. Primary caregiver" means the individual designated by the qualified patient who has consistently assumed responsibility for the housing, health, or safety of the qualified patient, in accordance with state law, including California Health & Safety Code Section 11362.5. As explained in People v. Mentch, 45 Cal. 4th 274 (2008), a primary caregiver is a person who consistently provides caregiving to a qualified patient, independent of any assistance in taking medical marijuana, at or before the time he or she assumed responsibility for assisting with medical marijuana. 3. °Processed marijuana" means harvested marijuana that is in a form other than a live plant. 4. "Qualified patient" means a California resident having the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief in accordance with state law, including California Health & Safety Code Section 11362.5. 5. "State identification card" means the card issued to a patient or caregiver in accordance with California Health & Safety Code Sections 11362.71-11362.76. C. State Identification Card Holders: Permissible Amounts of Marijuana [Option 1 based on San Diego model] A person in possession of a current and valid state identification card and who is within the jurisdictional limits of the City, is not subject to arrest for possession of marijuana, or detention by law enforcement longer than necessary to verify his or her status, or seizure by law enforcement of marijuana in his or her possession, if the amount of marijuana possessed is within the following limits: 1.-Pr-ecessed-Marijuana —Qualified -Patients: -An individual -who-is-a-qualified patient may possess the total amount of processed marijuana, regardless of growing method, recommended by his or her physician for the length of time recommended by the physician, not to exceed one pound, or an amount consistent with the physician's recommendation, whichever is Tess. 2. Processed Marijuana - Primary Caregivers. An individual who is a primary caregiver may possess processed marijuana not to exceed one pound for each qualified patient for whom the individual serves as a verified primary caregiver, or an amount consistent with the recommendation of the physician or physicians, whichever is less, except that such amount shall not exceed a total of two pounds. Ordinance No. 2015- 3 Medical Marijuana Cultivation Adding NCMC Section 18.30.345 53 3. Indoor Plants - Qualified Patients. A qualified patient may possess a maximum of twenty-four unharvested marijuana plants growing in an area of no more than 64 square feet, or an amount consistent with the physician's recommendation, whichever is Tess. 4. Indoor Plants - Primary Caregivers. A primary caregiver may possess a maximum of twenty-four unharvested marijuana plants growing in an area of no more than 64 square feet for each qualified patient for whom the individual serves as a primary caregiver, not to exceed a total of ninety-nine plants, or an amount consistent with the recommendation of the physician or physicians, whichever is less. 5. Outdoor/Greenhouse Plants [optional]. No unsupervised outdoor marijuana cultivation shall be permitted. Growing marijuana shall only be permitted in a fully enclosed yard with a minimum six-foot fence perimeter and in a greenhouse or structure that must be locked and contained. The amount of marijuana grown in the enclosed yard with a minimum six-foot fence perimeter and greenhouses or structures that are locked and contained shall not exceed the permissible amounts for indoor plants according to this Section. C. State Identification Card Holders: Permissible Amounts of Marijuana [Option 2 — based on State minimum levels] A person in possession of a current and valid state identification card and who is within the jurisdictional limits of the City, is not subject to arrest for possession of marijuana, or detention by law enforcement longer than necessary to verify his or her status, or seizure by law enforcement of marijuana in his or her possession, if the amount of marijuana possessed is within the following limits: 1. Processed Marijuana - Qualified Patients. An individual who is a qualified patient may possess the total amount of processed marijuana, regardless of growing method, recommended by his or her physician for the length of time recommended by the physician, not to exceed eight ounces, or an amount consistent with the physician's recommendation, whichever is more. 2. Processed Marijuana - Primary Caregivers. An individual who is a primary caregiver may possess processed marijuana not to exceed eight ounces for each qualified patient for whom the individual serves as a verified primary caregiver, or an amount consistent with the physician's recommendation, whichever is more, except that such amount shall not exceed a total of two pounds. 3. Indoor Plants - Qualified Patients. A qualified patient may possess six mature or 12 immature marijuana plants, or an amount consistent with the physician's recommendation, whichever is •more. 4. Indoor Plants - Primary Caregivers. A primary caregiver may possess six mature or 12 immature marijuana plants for each qualified patient for whom the individual serves as a primary caregiver, or an amount consistent with the recommendation of the physician or physicians, whichever is more. 5. Outdoor/Greenhouse Plants [optional]. NO unsupervised outdoor marijuana cultivation shall be permitted. Growing marijuana shall only be permitted in a fully enclosed yard with a minimum six-foot fence perimeter and in a greenhouse or structure that must be locked and contained. The amount of marijuana grown in the enclosed yard with a Ordinance No. 2015- 4 Medical Marijuana Cultivation Adding NCMC Section 18.30.345 54 minimum six-foot fence perimeter and greenhouses or structures that are locked and contained shall not exceed the permissible amounts for indoor plants according to this Section. C. State Identification Card Holders: Permissible Amounts of Marijuana [Option 3 — based on State maximum for exemption from State licensing requirement] A person in possession of a current and valid state identification card and who is within the jurisdictional limits of the City, is not subject to arrest for possession of marijuana, or detention by law enforcement longer than necessary to verify his or her status, or seizure by law enforcement of marijuana in his or her possession, if the amount of marijuana possessed is within the following limits: 1. Processed Marijuana - Qualified Patients. An individual who is a qualified patient may possess the total amount of processed marijuana, regardless of growing method, recommended by his or her physician for the length of time recommended by the physician, not to exceed one pound, or an amount consistent with the physician's recommendation, whichever is less. 2. Processed Marijuana - Primary Caregivers. An individual who is a primary caregiver may possess processed marijuana not to exceed one pound for each qualified patient for whom the individual serves as a verified primary caregiver, or an amount consistent with the recommendation of the physician or physicians, whichever is less, except that such amount shall not exceed a total of two pounds. 3. Indoor Plants - Qualified Patients. A qualified patient may cultivate marijuana plants in an area not to exceed 100 square feet provided he or she cultivates marijuana for his or her personal medical use and does not sell, distribute, donate or provide marijuana to any other person or entity, or an amount consistent with the physician's recommendation, whichever is less. 4. Indoor Plants _ Primary Caregivers. A primary caregiver may cultivate marijuana plants in an area of not to exceed 500 square feet provided he or she cultivates marijuana exclusively for the personal medical use of no more than five specified qualified patients for whom he or she is the primary caregiver within the meaning of Health & Safety Code Section 11362.7 and does not receive remuneration f; r these activities, except for compensation provided in full compliance with Health & Safety Code Section 11362.765(c). 5. Outdoor/Greenhouse Plants [optional]. No unsupervised outdoor marijuana cultivation shall be permitted. Growing marijuana shall only be permitted in a fully enclosed yard with a minimum six-foot fence perimeter and in a greenhouse or structure that must be locked and contained. The amount of marijuana grown in the enclosed yard with a enir imam eixefoet fenee-perieneter end -greenhouses- or -structures -that are -locked -and --contained shall not exceed the permissible amounts for indoor plants according to this Section. D. Locations for Cultivation 1. A qualified patient may cultivate medical marijuana in the amounts allowed under subsection C herein only in a legal residential unit in any residential or mixed use zone. 2. A primary caregiver may cultivate medical marijuana in the amounts allowed under subsection C herein in a legal residential unit in any residential or mixed usa Ordinance No. 2015- 5 Medical Marijuana Cultivation Adding NCMC Section 18.30.345 55 zone and in the Light Industrial ("IL") zone. 3. A qualified patient or primary caregiver may cultivate medical marijuana outdoors pursuant to subsection (C)(5) only in zones RS-1 and RS-2. [optional] 4. From the public right-of-way, there shall be no visual evidence of cultivation of the marijuana. [optional] E. Conditional Use Permit. [Option 1—Primary Caregivers who exceed limits in subsection C] A primary caregiver may exceed the permissible medical marijuana activity allowed under subsections (C)(2) and (C)(4) in the IL zone only, but prior to doing so must obtain annually a conditional use permit from the City pursuant to National City Municipal Code Section 18.12.110, which permit conditions shall not be less stringent than the California Department of Food and Agriculture's licensing requirements for the cultivation of medical marijuana established pursuant to Health & Safety Code Section 11362.777. It is unlawful for any cultivation under CUP to be outdoors, and it is unlawful for any discharge from the cultivation to enter the City's storm drain system. E. Conditional Use Permit. [Option 2—Any Cultivation subsection C] A primary caregiver or qualified patient may cultivate medical marijuana under subsection (C), or a primary caregiver may exceed the permissible medical marijuana activity allowed under subsections (C)(2) and (C)(4) in the IL zone only, but prior to doing so must obtain annually a conditional use permit from the City pursuant to National City Municipal Code Section 18,12.110, which permit conditions shall not be less stringent than the California Department of Food and Agriculture's licensing requirements for the cultivation of medical marijuana established pursuant to Health & Safety Code Section 11362.777. It is unlawful for any cultivation under CUP to be outdoors, and it is unlawful for any discharge from the cultivation to enter the City's storm drain system. F. Violation — Penalty 1. Unless otherwise provided, any person who violates any provision of this Section or fails to comply with any requirement thereof shall be guilty of a misdemeanor and shall be punished, cited, or penalized as provided in Title 1 of the National City Municipal Code. 2. Each day or portion thereof that a violation of this Section exists shall constitute a separate violation. 3. Each violation of this Section-shaf constitute a -public nuisance. Section 2. The City Council finds that this Ordinance is exempt from the provisions of the California Environmental Quality Act ("CEQA") pursuant to Section 15061(b)(3) because there is no possibility that the activity in question may have a significant effect on the environment. Section 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Chapter, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, Ordinance No. 2015- 6 Medical Marijuana Cultivation Adding NCMC Section 18.30.345 56 sentences, clauses or phrases of this Chapter, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. EFFECTIVE DATE: This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk of the City of National City shall cause this Ordinance to be published pursuant to the provisions of Government Code Section 36933. INTRODUCED at a regular meeting of the City Council of the City of National, California held on the _ day of 2015, and thereafter, PASSED, APPROVED and ADOPTED this day of , 2015. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Ordinance No. 2015- 7 Medical Marijuana Cultivation Adding NCMC Section 18.30.345 57 ORDINANCE NO. 2015 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING SECTION 18.30.345 OF THE NATIONAL CITY MUNICIPAL CODE TO PROHIBIT CULTIVATION OF MARIJUANA WHEREAS, in 2012, the City Council adopted Ordinance 2012-2372 to prohibit medical marijuana dispensaries in the City as codified in National City Municipal Code Section 18.30.340; and WHEREAS, on October 9, 2015, Governor Brown approved the Medical Marijuana Regulation and Safety Act ("The Act"), which establishes comprehensive, statewide licensure and regulations for commercial medical marijuana activity that respect local control, protect patients, promote public safety, and preserve the environment. The Act is comprised of three separate bills: Senate Bill 643 (McGuire), Assembly Bill 266 (Bonta, Cooley, Lackey and Jones -Sawyer), and Assembly Bill 243 (Wood). Only AB 243 and AB 266 affect local regulations. In general, AB 243 relates to medical marijuana cultivation; and, AB 266 relates to deliveries and mobile dispensaries; and WHEREAS, the City's Land Use Code does not specifically regulate or prohibit the cultivation of medical marijuana; however, the City's Land Use Code is a "permissive zoning" code. This means that uses not expressly permitted are prohibited. Accordingly, cultivation is not currently allowed in National City as it is not specifically permitted by the Land Use Code; and WHEREAS, in order to ensure clarity in the light of recent enactment of The Act, and to affirmatively retain local land use control on this issue, the Land Use Code should be updated to be specific as to the prohibition or regulation of cultivation; and WHEREAS, the City does not cede its authority to regulate or prohibit the cultivation of medical marijuana to the State. NOW THEREFORE, the City Council of the City of National City does ordain as follows: Section 1. Section 18.30.345 of the National City Municipal Code is hereby added to read as follows: 18.30.345 Medical Marijuana Cultivation A. Prohibition 1. Cultivation of marijuana for medicinal purposes is prohibited. 2. Cultivation of marijuana is prohibited regardless of purpose. B. Definitions For the purpose of this Section the following definitions shall apply: 1. Cultivation of marijuana shall mean the planting, growing, cultivating, harvesting, drying, or processing of marijuana. 58 2. For purposes of this section, "marijuana" shall have the same meaning as the definition of that word in Section 11018 of the California Health and Safety Code" has the same meaning as in California Health & Safety Code Section 11018. Section 2. The proposed amendment is exempt from the California Environmental Quality Act (CEQA) under section 15061(b)(3) — general rule; the project is not considered a project under CEQA as there is no possibility that the activity in question may have a significant impact on the environment; cultivation is currently not a permitted use and this Code Amendment affirms that marijuana cultivation is prohibited. EFFECTIVE DATE: This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk of the City of National City shall cause this Ordinance to be published pursuant to the provisions of Government Code Section 36933. INTRODUCED at a regular meeting of the City Council of the City of National, California held on the day of 2015, and thereafter, PASSED, APPROVED and ADOPTED this day of , 2015. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Ordinance No. 2015- 2 Medical Marijuana Cultivation Adding NCMC Section 18.30.345 59 Title: Item no. November 23, 2015 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT PUBLIC HEARING — AN AMENDMENT TO TITLE 18 (ZONING) CHAPTER 18.30.340 OF THE NATIONAL CITY MUNICIPAL CODE (MEDICAL MARIJUANA DISPENSARIES) TO ADDRESS CULTIVATION OF MARIJUANA. Case File No.: 2015-25 A Location: Citywide Staff report by: Martin Reeder, AICP — Principal Planner Applicant: City -initiated Environmental review: Not a project under CEQA (no physical change) Staff recommendation: Recommend approval of an Amendment prohibiting marijuana cultivation Background The --City is seeking an amendment to the Municipal Code in order to address the cultivation of marijuana. The amendment is needed in order to respond to recent changes in state law scheduled to take effect in 2016. Previous Action The Planning Commission initiated a Municipal Code Amendment to address marijuana cultivation at their regular meeting of November 2, 2015. The Commission asked staff 60 to return with options for both the regulation and prohibition of medical marijuana cultivation. Although staff had originally suggested an amendment covering deliveries of marijuana and mobile marijuana dispensaries in addition to cultivation, the Commission chose to initiate an amendment that only addresses marijuana cultivation at this time (see discussion related to AB 243 below). _H_istory On October 9, 2015, Governor Brown approved The Medical Marijuana Regulation and Safety Act (The Act), which establishes comprehensive, statewide licensure and regulations for commercial medical marijuana activity that respect local control, protect pationts, promote public safety, and preserve the environment. The Act is comprised of three separate bills: Senate Bill 643 (McGuire), Assembly Bill 266 (Bonta, Cooley, Lackey and Jones -Sawyer), and Assembly Bill 243 (Wood). Only AB 243 and AB 266 affect local regulations. In general, AB 243 relates to medical marijuana cultivation; and, AB 266 relates to deliveries and mobile dispensaries. AB 243 has the pressing deadline of March 1, 2016, which is driving the current timeline. Proposal The general purpose of the amendment is to amend the chapter to address the cultivation of medical marijuana and marijuana generally (Cultivation); including, but not limited to, regulating and/or prohibiting such land use activities. The recommendation of staff to amend the code to prohibit cultivation is predicated upon existing code language that prohibits medical marijuana dispensaries and that cultivation is not a permitted use. The City's Land Use Code is based upon pemnissive zoning, which means only enumerated uses are allowed uses. The proposed prohibition is consistent with the City Council's prior adoption of section 18.30.340 (Medical Marijuana Dispensaries - prohibited). Analysis Assembly Bill 243 (AB 243) will require immediate attention from local governments if they wish to prohibit or continue to prohibit certain activities related to medical marijuana, including the cultivation of medical marijuana. The Land Use Code currently prohibits Medical Marijuana Dispensaries under section 18.30.340. Cultivation is not -expressly pi hibited AB-243-requires the City to t�avre- tribltlon ordinance irT plate by March 9, 2016. If not enacted by this date, the City will lose its local land use authority to regulate or ban cultivation. The full text of AB 243 is attached for your review. The Land Use Code is a "permissive zoning" code. This means that uses not expressly permitted are prohibited. Accordingly, cultivation is not currently allowed in National City 61 as it is not specifically permitted by the Land Use Code. However, in order to ensure clarity in the light of recent enactment of The Act, and affirmatively retain local land use control on this issue, the Code should be updated to be specific as to the prohibition or regulation of cultivation. Other jurisdictions Of the eighteen cities in the County of San Diego, only the City of San Diego permits marijuana cultivation. The City of San Marcos recently approved the introduction of an ordinance that would prohibit the cultivation, delivery and sale of medical marijuana. The City of Vista is amending their Development Code to continue for its operation as a permissive zoning code, which would continue to prohibit the cultivation of marijuana (and other uses) being that the use is not expressly permitted. The City of San Diego permits the cultivation of medicinal marijuana either by a licensed Medical Marijuana Consumer Cooperative, by Qualified Patients, or by Primary Caregivers, the latter two of which are defined as follows [in the San Diego Municipal Code]: Primary caregiver means the individual designated by the qualified patient who has consistently assumed responsibility for the housing, health, or safety of the qualified patient, in accordance with state law, including California Health and Safety Code section 11362.5. As explained in People v. Mentch, 45 Cal. 4th 274 (2008), a primary caregiver is a person who consistently provides caregiving to a qualified patient, independent of any assistance in taking medical marijuana, at or before the time he or she assumed responsibility for assisting with medical marijuana. Qualified patient means a California resident having the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief in accordance with state law, including California Health and Safety Code section 11362.5. Option for prohibition Staff is recommending prohibition of marijuana cultivation for the following reasons: 62 ▪ There is insufficient time to research, analyze, and prepare an Ordinance establishing a regulatory scheme based on the City of San Diego's Ordinance before the March 1, 2016 deadline. ® City Council adopted the Land Use Code with a specific ban of medical marijuana dispensaries and the proposed prohibition of cultivation is consistent with the Land Use Code. • Adopting a prohibition of cultivation does not prevent the City from subsequently adopting cultivation regulations, but failing to adopt a prohibition will prevent the City from retaining local land use control, thereby relinquishing local land use to the State in this area. Regulation of marijuana cultivation is not consistent with the Generai Plan (see below) • The Police Department is firmly opposed to medical marijuana and associated activities in the City for the following reasons: Research conducted by the National City Police Department through the DEA concludes that marijuana is a dangerous addictive drug that poses significant health threats to users; marijuana has no medical value that can't be met more effectively by legal drugs; marijuana users are far more likely to use other drugs like cocaine and heroin than non -marijuana users; and proponents of legalizing marijuana use of "medical marijuana" as a red herring in an effort to advocate broader legalization of drug use. Additional information provided by the Police Department has been attached, including descriptions of Scheduled Controlled Substances per the Controlled Substances Act (CSA), and documented public safety issues from other jurisdictions that allow marijuana cultivation. Some of the documented impacts associated with cultivation include: a Gun violence associated with robberies or attempted robberies of marijuana plants. a Increase in traffic accidents and fatalities involving persons under the influence of marijuana. • Environmental impacts caused by pollutant discharge from growing operations. The amendment prohibiting cultivation is intended to apply to all marijuana products, medical or otherwise, in order to capture possible regulation changes in the future. It is important to note that a prohibition of cultivation today does not mean that cultivation can never be permitted in the future. A subsequent amendment of the Land Use Code may 63 occur at a later time to address cultivation. This would also allow staff to adequately research, analyze, and prepare an Ordinance for review by the Planning Commission and City Council. Option for regulation If the Commission chooses to amend the Code to regulate the cultivation of marijuana, staff recommends using the City of San Diego municipal code as a framework. Staff has not had sufficient time, however, to adequately analyze that ordinance. The code sections (Article 2: Health Regulated Businesses and Activities, Division 13: Medical Marijuana Regulations: Patients and Caregivers & Division 15: Medical Marijuana Consumer Cooperatives) are attached for your review and would be used to create language regulating cultivation. That language would be forwarded to the City Council for inclusion into an ordinance, should they choose to take the path of regulation rather than prohibition. While staff is recommending prohibition at this time, regulation would still be possible in the future. General Plan consistency The purpose of the Health and Environmental Justice Element of the General Plan is to identify public health risks and environmental justice concerns and improve living conditions to foster the physical health and well-being of National City's residents. Based on the information from the Police Department that marijuana poses significant health threats to users and cultivation is accompanied by increased criminal activity, regulating cultivation would not be consistent with the General Plan. California Environmental Quality Act The proposed Amendment has been reviewed in compliance with the California Environmental Quality Act. Staff has determined that the proposed use is exempt from CEQA under section 15061(b)(3) — general rule. The general rule states that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Cultivation is currently not a permitted use and this Code Amendment affirms that marijuana cultivation is prohibited. It can be seen with certainty that there is no possibility that the activity in question may have a significant impact on the environment; the activity is not subject to CEQA. Summary Due to the short notice provided by the State, there is not enough time to fully capture and analyze the issues resulting from regulating cultivation in the City. The Commission showed interest in the City benefiting from additional revenue streams associated with permitting cultivation. Monetary policy and taxation are matters of City Council policy. It is important to point out that a prohibition of cultivation does not mean that it cannot be 64 permitted in the future, pending a subsequent amendment of the Land Use Code. Due to the short timeframe needed to fully vet the information for a regulatory scheme and still have an Ordinance in place before March 1, 2016, staff is recommending that the Commission amend the Municipal Code to prohibit marijuana cultivation. OPTIONS 1. Recommend approval of the Amendment to Section 18.30.340 of the Land lase Code, prohibiting marijuana cultivation, based on the attached findings; or 2. Recommend approval of the Anriendrnent to Section 18.30.340 of the Land Use Code, regulating marijuana cultivation, based on the attached findings/findings to be made by the Planning Commission; or 3. Recommend denial of the Amendment to Section 18.30.340 of the Land Use Code, based on findings to be determined by the Planning Commission. ATTACHMENTS 1. Recommended Findings for Approval of an amendment prohibiting marijuana cultivation. 2. Assembly Bill 243 3. Existing Land Use Code Chapter 18.30.340 Medical Marijuana Dispensaries. 4. Proposed Land Use Code Chapter 18.30.340 — Medical Marijuana Dispensaries (prohibition of cultivation) 5. City of San Diego Municipal Code — Article 2: Health Regulated Businesses and Activities, Division 13: Medical Marijuana Regulations: Patients and Caregivers 6. City of San Diego Municipal Code — Article 2: Health Regulated Businesses and Activities, Division 15: Medical Marijuana Consumer Cooperatives 7. Controlled Substances Act definitions and documented public safety issues related to marijuana cultivation (Police) 8. Public Notice (published in the San Diego Union -Tribune, not mailed) MARTIN REEDER, AICP Principal Planner BRAD RAULSTON Executive Director 65 RECOMMENDED FINDINGS FOR APPROVAL OF AN AMENDMENT TO TITLE 18 (ZONING) CHAPTER 18.30.340 OF THE NATIONAL CITY MUNICIPAL CODE (MEDICAL MARIJUANA DISPENSARIES) TO PROHIBIT CULTIVATION OF MEDICAL MARIJUANA AND MARIJUANA GENERALLY. CASE FILE 2015-25 A 1. That the proposed amendment is in the public interest because it retains local land use authority by the City; and local land use should remain with the City, because the City should retain its legislative function to determine what uses are most appropriate within its jurisdiction. 2. The compressed time frame from the State of California to enact an ordinance so that the City can continue local land use control over cultivation does not provide sufficient time to fully research and analyze the issues regarding allowing cultivation in the City; and prohibition of cultivation preserves local land use control while allowing for a subsequent amendment establishing regulation over cultivation at a later date, if so desired. 3. That the proposed amendment is in the public interest because marijuana cultivation in other California jurisdictions has resulted in impacts such as increased gun violence, robberies, traffic accidents/fatalities, and environmental impacts caused by pollutant discharge from growing operations, which would pose significant health threats to National City residents. 4. That the proposed amendment is in the public interest and is consistent with General Plan policy, because the purpose of the Health and Environmental Justice Element of the General Plan is to identify public health risks and environmental justice concerns and improve living conditions to foster the physical health and well-being of National City's residents, and because the Police Department has concluded that marijuana poses significant health threats to users. That the proposed amendment has been reviewed to be in compliance with the California Environmental Quality Act (CEQA), because it has been determined that the proposed use is exempt from CEQA under section 15061(b)(3) — general rule. The project is not considered a project under CEQA; there is no possibility that the activity in question may have a significant impact on the environment. Cultivation is currently not a permitted use and this Code Amendment affirms that marijuana cultivation is prohibited. 66 Artlitritsgmt- 13.30.340 - Medical marijuana dispensaries. A. Prohibition 1. Medical marijuana dispensaries are prohibited. B. Definitions. 1. For purposes of this section, "medical marijuana dispensary" shall mean a facility where marijuana is made available for medical purposes in accordance with Section 11382.5 of the California Health and Safety Code. 2. For purposes of this section, °marijuana° shall have the same meaning as the definition of that word in Section 11018 of the California Health and Safety Code. (Ord. No. 2012-2372, Uxh. Si-, 2-7-2012) 67 18.30.345 - Medical marijuana cultivation. A. Prohibition. 1. Cultivation of marijuana for medicinal purposes is prohibited. 2. Cultivation of marijuana is prohibited regardless of purpose. B. Definitions. 1. Cultivation of marijuana shall mean the planting, growing, cultivating, harvesting, drying, or processing of marijuana. 2. For purposes of this section, "marijuana' shall have the same meaning as the defini ion of that word in Section 11018 of the California Health and Safety Code. 68 Balk Alan Mnnieips1 Code Chapter 4: Health end S nk:Won (5--2Q11) • rd a 2: Health Rid BuSioesses end Activities Division 13: Medical Marijuana Regulations: Patients and e'en ("San Diego likened Cannabis Voluntary Verification Card Program" added 2--25-2002 by O-19036N.,S (Raided to" Medical Mtuasa ..4.ulardor. Patients and Caregivers" and amended 4-27 2©11 by 0-20043 N. S ; effective 5 27 2011 .) 142.1301 Purpose and Indent (a) It is the intent of the Council to adopt regulations consistent with California Health and Safety Code section 11362.5 (Compassionate Use Act) and California Health and Safety Code sections 11362.7-11362.83 (Radical Marijuana Program), to protect the public health, safety, and. welfare. (b) Nothing in this Division is intended to override a peace officer's Judgmart and discitiaon based ona case -by -case evaluaiien of the totality of the circumstances,or to interfere with a peace offices swam dilly to enforce applicable law. (c) Nothing in this Division is intended to mice the.xxghts of a qualified ed patient orprinraey carttiver othenvise nithorized by California health and Safety Code section 11362.5(d). (d) This Division shall be interpreted in a manner cat with state law. Nothing in this Division is intended to authorize the sale,, distribution, posse®sion of r ijuana, or any arc ctiom., in violation of state law. (Aorended 9-29 4003 by 0-19218 NA) (Amended 4: 27-2011 by 0.20043 NS.; dilative 5-27-2011) §42.13023i Definitions For the purpose of this Division the following definitions shall apply and appear in italicized less: I fortfma►za he the same meaning as in California Health and. Safety Code section 11018. at Art Div. 0.®Ei 69 P1 San Diego Muuidpsl Code Chapter 4: Health .gad Sanitation (5-2011) Primary caregiver means the individual designated by the qualified patient who has consistently assumed responsibility for the housing, health, or safety of the qualified patient, in accordance with state law, including California Reahh and Safety Code section 11362.5 As expJainod inPeople _v. Mentch, 45 Cat.. 41h 274 (2008), a perry caregiver is a person who consistently provides caregiving to a qualgied patient, independent of any assistance in taking medical marijuana, at or before the time he or she assumed responsibility for assisting with medical marijuana. Processed marijuana means harvested marijuana that is in a. form other than a live plant. Qualiedpatient means a California resident having the right to obtain and use marijuana for medical purposes where that medical use is deemed. date and has been recommended by a physician who has determined that the person's health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasii.city, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief in accordance with state law, including California Health and Safety Code section 11362.5. SDPD means the City of San Diego Police Foment. State identification card means the card issued to a patient or caregiver in accordance with California Health and Safety Code sections 11362.71-11362.76. (Amended 9-29-2003 by 0-19218 MS) (Amended 4-27-2011 by 0-20043 MS.; a ective 5-27-2011.) §42.1303 State Identification Card Holders: Permissible Amounts; of Marijuana A person in possession of a current and valid state ident f cation card and who is within the juristiictonai limits of the City, is not subject to arrest by The SDPD for possession of marijuana, or detention by the SDPD longer than necessary to verify his or her status, or seizure by the SDPD of mar ijuana in his or her possession, if the amount of marijuana possessed is within the following limits: (a) Ch. Art Div. Processed Marijuana - Quaffed Patients. An individual who is a qualified patient may possess the total amount of pressed momivana, regardless of growing method, recommended by his or her physician for the lmgth of tip recold bye physician, not to exceed one pound, or an amount consistent with the physician's recommendation, whichever is less. 70 P2 Ban Diego Mu*lpsI .Code (5�2b11) C�atpier4: get nd tin (b) Pmc:es d Marijuana - Pi lay Caregivers. An individual who is apr1mary caregivier may possess no more than the amount specified in section 42.1303(a) fix each modified p atient for whom the individual serves as a verified prey caregiver, except that such amount• ^ i not excged two pounds, or an 113310Unt consistent with the physician's reconmiendation, whichever is less. (c) Indoor Plants - gual:; d Patieras. A qualified patient may possess a maximum oftwe ty--four uthervested marijuana Pests growing in. an area of no more than 64 square feet, or an amount consistent with the physician's recommendation, whichever is less. (d) (e) Indoor Plants - Primary Caregivers. Amy caregiver may possess no more than the amount of marijuana specified in section 42.1303(c) and growing in the space specked in 42.1303(c), faor each qualdpatient for whom the individual serves as aprimaty caregiver, not to exceed a total of ninety-nine plants, or an amount consistent with the recommendation of the. physics cw physicians, whichever is less. Plants. No unsupervised outdoor mar jjuana cultivation shall be permitted. Growing marijuana shall only be permitted in a fully enclosed y lvd with a minimum six-foot fence perimeter or a gmenhouseor structure that must be locked and contained. The amount of r r.3riirsane grown in the enclosed yard with a minimum sire -foot fence perbneter or greenhouses or structures that are locked and contained shall not exceed the permissible amounts for indoor plants according to se: lions 42.1303(0) and 42.1303(d). Possession of martArana in amounts Web exceed the set forth in section 42.1303(a (d) by persons with state kkntification cards will be evaluated by SDFD on a case -by -case basis according to the totality amount possessed is consistent with a physician's secominendatira (Renumbered from former Section 42.1308, retitled to "State Identification Card Holders: PerndteibleAmounts ofM4juruna" and amended 4-27-2011 by 0-20043 1V S.; wive 5-27-2011. Former Section 42.1303 r led) 71 P3 Sail Diego Mooldpsl Code Chapter 4: Haft End Sanitation (5..2411) *42.1304 Smoking Qualms patients, including those with state identification cards, are prohibited from --smoldng marijuana -in any public place; or in any place open to the public. Any person who viol.ates this section is guilty of an infraction. (Renumbered from fanner Section 42.1313, and amended 4-27 2011 by 0-20043 XS; effective 5-27-2011, Fortner Section 42.1304 reloaded) al. Art Div. 0©© -. 72 P4 Stan Diem Murdeipa Code Chapter 4t. Health and Sanitadoa 04015) Article 2: Health Regulated Bushiesses and Activities Division 15: 'Medical Marijuana naa Cooperatives ("Medical Marguana Consumer Cooperatives" added 4-27 2011 by 0-20043 .S. effective 5 27 2011) 02.1501 Pawpaw and Intent It is the intnt of this Division to promote and protect the public health, safety, and welfare of the citizens of San Diego by allowing and strictly regulating the cooperrdive cultivation and exchange of medical mares among qual fled patients, primary caregivers, and state identification cardholders consistent with state law. It is further the intent of this Division to enure that margiumuz is not diverted for illegal purposes, and to limit its use to those parsons authorized under sate law. Nothing in this Division is intended to authorize the sale, distribution, possession ofntartjuana, or other transaction, in violation of state law. It is not the intent of this Division to supersede or.cs nfliei with state law, but to implement the Compassionate Use Act (California Hem and Safety Code section 11362.5) and the Medical Marijuana Program, (California Health and Safbty Code sections 11362.7-11362.83). Further, the California Corporations Code may allow some conduct for consumer cgoperaitves that is not otherwise permissible under the California Health and Safety Codeand this Division, suab as the distillation of profits to members; in those circumstances, it is the intent of the City that the state and municipal: laws governing medical marfluana control. (Added 4-27 2011 by 0.20043 MS.; effective 5 27 2011) *42.1502 Dermitions For the purpose of this Division, the following defmitioons shall apply and appear in italicize letters: Marijuana has the same meaning as in California Health and Safety Code section 11018. lisdicainuoluanassameresoperatiminennallacility mtheromerlinennk transferred to qualified patients or primary caregivers in accordance with the Compassionate Use Act of 1996 and the Medical Marijuana Program Act, set forth in California Heal* and Safety Code sections 11362.5 *rough 11362.83. A medical marjuana (*saner cooperatiw shall not include clinic licensed by the State of Californiameant to Chapters 1, Z 3.01, 3.2, or 8 of Division 2 ofthe California Health. and Sammy Code. cat, Art Dtro. 73 P1 San Diego .Municipal Code Chapter d; Health and Sanitation (3-2015) Primary caregiver means the individual designated by the qualified patient who has consistently assumed responsibility for the housing, health, or safety of the qualij ed patient, in accordance with state law, including California Health and Safety Code section 11362.5. As explained in People v. Mentch, 45 Cal. 44h 274 (2008), a primrurry caregiver is a person who consistently provides caregiving to a qualified patient, independent of any assistance in taking medical marijuana, at or before the time he or she assumed responsibility for assisting with medical marijuana. Qualified patient means a California resident having the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person' s health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief in accordance with state law, including California Health and Safety Code section 11362.5. Reasonable compensation means compensation for directors, managers, and responsible persons of the medical marijuana consumer cooperative commensurate with reasonable wages and benefits paid to employees of IRS qualified non-profit organizations who have similar descriptions and duties. Responsible person has the same meaning as in San Diego Municipal Code section 11.0210, and includes an employee and each person upon whom a duty, requirement or obligation is imposed by this Division, or who is otherwise responsible for the operation, management, direction, or policy of a medical marijuana consunmer cooperative. It also includes an employee who is in apparent charge of the medical marijuana consumer cooperative. State identification card means the card issued to a qualified patient or primary caregiver in accordance with California Health and Safety Code sections 11362.71-11362.76. Violent felony means the same as it does in California Penal Code section 667.5(c) as may be amended from time to time. (Added 4-27-2011 by 0-20043 N.S.; effective 3 27-2011) (Amended 2-6-2015 by 0-2004601d.a ; effective 3-$-2015) Ch. Art. nit. 1412_115 .?1' 74 P2 San Dine Mantel pal Code . Chapter 4: Health and &Madan (34015) §42.1503 cooperative,-Organirafon .All persons who organize to collectively and operatively •cultivate medical marijuana prawn to date lea► shall organize as a "Cotter Cooperative Corporation" pursuant to California Corporations Code Title 1, Division 3, Part 2. (4d 4.-27-2Q11 by 040043 4fl c t e 527:2011 §42.1504 Cooperatives -Permit Required (a) It is unlawfid for any person to operate any Memel marijuana corgi cooperative without a Memel Marijuana Consumer Cooperative Permit issued pursuant to this Dir sloe (b) In addition to any other information requested by the City, a permit applicant must provide evidence that the applicant is in compliance with section 42.1503. (c) The medical marijuana consorter cooperative shall designate one of its offices or managers to act as its responsible managing officer. The respgnslble managing officer may complete and sign the permit application on behalf ofthe medled meripana &Meunier cooperative. The issuance of a / ethical Morifitarra Caner Cow Permit pursuant to this Division does not relieve any person from obtaining any other permit, license, certificate, or other similar approval that Inay be required by the City, the County of San Diego, or state or federal law. A permit applicant must obtain a Conti tonal Use Permit as required by Chapter 12, Article 6, Division 3, prior to obtaining a pamit under this Divisiota. (d) (e) (t) Applications for Medical Mar/nano Comer Cooperative Permits shall b; filed with the City Manager. (g) The City Manager shall act upon the application within thirty calendar days, except that days. of an incomplete application dull be given within five busineYs. Medical Marijuana C'onsrufer Cooperative Permits issued pursuant to this Diviisi - I (i) An application for a Medical Marijuana Comer Cooperative Permit shall be denied if the permit was revoked by the City Manager within the past twelve months. (Added 4=272011 by 0-20043 N.S.: 4frictive 5-27 2011.j (Amended2-6-2015 by 0-20460N.S; alActive 3-8-2015) ck Art n►,. �l�Flm (h) San Diego Mimidpal Code Chapter 4i Real* and Sanitation (3-2015) §42.1505 Ezsemptions This Division dines not apply to the cultivation of i i}uanu by a quail, fled patient at that patient's home, so long as the patient is only growing for his or her own personal medical nceds in a manner consistent with state law. (Added 4-27-2011 by 0-20043 N.S.; effective 5-27-20I1) (Amended 2-6-2015 by 0-20460 N.S; effective 3-8-2015.) §42.1506 Cooperatives --Cost Recovery Fees Notwithstanding any other provision of this Code, the City may recover its costs in the form of a permit fee for the costs of permitting and regulating medical marijuana consumer cooperatives. (Added 4-27-2011 by 0-20043 N.S.; effective 5-27-2011.) §42.1507 Cooperatives —Background Checks (a) All responsible persons in the medical marijuana consumer cooperative shall undergo fingerprinting prior to acting as a responsible person. The fingerprints shall be provided to and kept on file with the City. (b) The City shall conduct a background check of all responsible persons. Any person who has been convicted of a violent felony or a crime of moral turpitude within the past seven years, cannot act as a responsible person in the medical marijuana comer cooperative. It is unlawful for any responsible person in a medical marijuana consumer cooperative to act as a responsible person for the medical marijuana consuuner cooperative if he or she: (1) fails to provide their fingerprints to the City; or (2) has been convicted of a violentfelony or crime of moral turpitude within the past seven years. The cost of the fingerprinting and attendaft background check shall be borne Wthe responsible person. (Added 4-27-2011 by 0-20043 NS.; gip -dive 5-27-2011.) (Amended 2-6-2015 by 0-20460N.S; effective 3-8-2015) (c) (d An. Div. 1311111121 •4 76 P4 Sao Dino Municipal Code Chapter 4: Health and Sanitation (3=2QI5) §42.I508 Cooperatives -Operational Requirements (a) Verification and Documentation (1) Responsible persons shall ll mare that all tirmasctions involvbg money, ha -kind contribtnions, reimbursements., reasonable compensation, and ..uana are fuily documented, including documenting each member's t ontn'biition *flake, resouraess or:money to the dalneartigaita conswner cooperative, and the sourtw of their ram, (2) Upon the City's request, responsible persons for the medical mar°tjua na consigner cooperative shall provide to the City an audit of its operations for the previous calendar year, completed and certified by an independent certified public accountant in accordance with generally accepted auditing and accounting principles. (3) A medico/ inarOana consumer cooperative shall maintain and provide upon request by the City a current list of all responsible persons. Not -for -.Profit Responsible persons shall ensure that: (1) No medical marijuana consumer cooperative operates for profit for itself or its member. Cash and in -kind contributions, reimbursements, and reasonable compensation provided by members towards the medical malt' consumer ma's actual expenses for the growth, cultivation, and provision of medical maluana shall be allowed in accordance with stye law. (2) Medical marijuana conswner cooperative rektponsibk persons, including directors, managers, and employees, are limited to receiving reasonable compensation Lion and shall not re oive a bonus. (3) Members who b medical marflgana from their own personal grows to the medical marijuana consumer cooperative, may be combed by cash or trade in kind. Members be compensated for the expenses as p de t mat tbeharyr trreedicart marq a na conswner cooperative: frnn 77 P3 San Diego Municipal Code Chapter 4:. Health and Sanitation (3-2015) Ch. Art nsv. (c) Age Limitations (1) No person under the age of eighteen is allowed at or in any medical marijuana conswner cooperative unless the person is a qualified patient or state identification card holder and accompanied by their parent, legal guardian, or a primary caregiver who is over the age of eighteen. (2) No person under the age of eighteen may be employed by or act as a responsible person on behalf of the medical marijuana consumer cooperative. (d) Tiansporation All persons transporting medical marijuana in connection with a medical marijuana conswner cooperative shall do so in accordance with stage law. (e) Packaging and Labeling Responsible persons for the medical marijuana consumer cooperative shall ensure that medical marijuana, edible products containing medical marijuana, and codes comply with the following packaging and labeling requirements: (1) Marijuana must be sealed in an airtight manner, and must have a label affixed to the package containing the following information: (A) Patient' s name; (E) Dispensing date; (C) Name and address of dispensing cooperative; (D) Name of product (E) Product ingredients; (F) Product must be used as recommended; G _ Product must be kept out of the reach of chiidrenj (H) Product users must not operate heavy machinery while under the influence of marituarmq (I) Sale or transfer of product to non -patients is prohibited; 78 P6 San fl$e o Municipal Cade Chapter & Health and Sanitation C3-2015) (3) Product Is intended for medical uea only. Cal. Health & Safety Code § 11362.5; and (K) Any additional use instructions and warnings that may be applicable. (2) Edible Products and Concentrates must be labeled with the following: (A) Patient's name; (B) Dispensing ; (C) Name and address of dispensing cooperative, (D) A wanting label that contains the cannabis patient advisory information required in section 42.1548(f); and (E) The source of the food production. (3) .Afedical Marijuana Consumer Cooperatives are encouraged to label produces for potency. (4) The City of San Diego may at any time have medical mar Dana tasted for pesticides, mold, mildew, and/or bacteria, and make ouch testing results available to consume. (f) Interior Signage A sign shall be posted on a wall in the medical mcr juana consumer coaperative wbich air the following: CANNABIS PATENT ADVISORY `1ELS IS A WARNING REGARDING EDIBLE c ANNABIS/ A1UJOANA PRODUCTS CAUTION — amble marijuana products contain cannabis C ;- Tetra Hydro Cannabinol). Marijuana is not regulated as a food ingredient and therefore the County D+ artn ant � d s not've any regulatory inititifity over this ingredient in edibles. (Retitledfront omm "Cooperatives —Vet and Do cwnentation" to "Cooperatives -Operational Requirements" and amended 2-6-2015 by 0-20460 N.&; effective 3-8-2015) Ck Ja 4 I111 79 P7 Sea Dino Municipal Code Cbapter 4: Health and Sanitation (3-2015) §42.1509 Cooperatives -Regulatory Actions on Permit (a) In addition to any penalties and remedies provided by law, a Medical Marijuana Consumer Cooperative Permit is subject to any of the following regulatory actions: Ch. Art Div. 4] 2 15 (b) (c) (1) (2) (3) non-compliance with this Division or any condition of this permit conviction of any crime which would have been grounds for denial of the permit; failure to take corrective action after timely written notice of a violation; or (4) failure to supervise the business, resulting in a pattern of violations of the San Diego Municipal Code or other provisions of law by the responsible persons or patrons, or both. A revocation based on the act or omission of a patron may be based on a determination that a responsible person caused or condoned the act or omission, or failed to take reasonable corrective action after a timely written notice of violation. Regulatory action includes the following: (1) Issuance of a verbal warning; (2) Issuance of a written warning; (3) Issuance of a notice of violation; (4) Placing conditions upon the permit which are reasonably related to any violation. Unless otherwise stated as part oldie condition, all such conditions expire when the permit expires, excluding any time stayed during an appeal; Suspension of the Medical Marijuana Comer Cooperative Peunit; or (5) (6) Revocation of the Medical Marijuana Consumer Cooperative Pemlit. Written notice of the regulatory actions taken pursuant to section 142.1509(b)(2) through (b)(6) shall be provided to the individual identified as the responsible managing officer pursuant to section 42.1504(c). San Diego Munidbal Code Chapter 4: Health and Sanitation (3-2013) (d) (e) (g) A request for an appeal hearing of the regulatory actions taken pursuant to section 142.1509(bX2) through (b)(6) may be made by the responsible managing officer. The request for an appeal hearing must be made in writes to the City Manager within ten calendar days of the receipt of the notice of r+egulatary action. (f) Upon receiving the request for a hearing, the City Manager shall set heating not more than thirty calendar days from the date of the receipt of the request, unless a later date is agreed to by the City and the responsible managing officer in writing. The City Manager shall notify the responsible managing officer of the date, time, and place of the hearing by means of registered or certified mail, or hand delivery. (b) The hearing shall be conducted by a hearing officer provided by the City Manager. (i) The hearing officer may affirm, deny, or modify the regulatory action, and shall furnish the reason for the decision to the responsible managing officer in writing within thirty calendar days of the conclusion of the hearing. The regulatory action shall be suspended while an appeal is pending, or until the time for filing such an appeal has expired, except for regulatory action taken when the City Manager determines there is a need to take immediate action to protect the public from injury or harm or when the Medical Marijuana Commoner Cooperative Permit was based on material misrepresentations in the application and the peanut.'would not havebeen issued but for the material misrepresentations. (Retitl d from "Cooperatives -Not -for -Profit" to "Cooperattves-Regukttory Actions on Permit" and amended 2-6-2015 by 0-20460 N..; wive 3.& 2015.) (i) CIL Art Div. [412115� 81 F9 Description of Scheduled Controlled Substances Per the CSA Drugs and other substances that are considered controlled substances under the Controlled Substances Act (CSA) are divided into five schedules. An updated and complete list of the schedules is published annually in Title 21 Code of Federal Regulations (C.F.R.) §§ 1309.11 through 1308.15. Substances are placed In their respective schedules based an whether they have a currently accepted medical use in treatment in the United States, their relative abuse potential, and likelihood of causing dependence when abused. Some examples of the drugs In each schedule are listed below. Schedule I Controlled Substances Substances in this schedule have no currently accepted medical use in the United States, a lack of accepted safety for use under medical supervision, and a high potential for abuse. Some examples of substances listed In Schedule i are: heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), peyote, methaqualone, and 3,4-methylenedioxymethamphetamine ("Ecstasy"). Schedule II[IIN Controlled Substances (2/2N) Substances in this schedule have a high .potential for abuse which may lead to severe psychological or physical dependence. Examples of Schedule II narcotics include: hydromorphone (Dilaudld•), methadone (Dolophinee), meperidine (Demerole), oxycodone (OxyContinm, Percocer), and fentanyl (Sublimaze', Duragesic°). Other Schedule II narcotics include: morphine, opium, codeine, and hydrocodone. Examples of Schedule IIN stimulants include: amphetamine (Dexedrine', Adderall'), methamphetamine (Desoxyno), and methyiphenidate (Rltalin'). Other Schedule II substances include: amobarbital, glutethimide, and pentobarbital. Schedule Ill/IIIN Controlled Substances (3/3111) Substances in this schedule have a potential for abuse Tess than substances in Schedules i or II and abuse may lead to moderate or low physical dependence or high psychological dependence. Examples of Schedule Ili narcotics include: products containing not more than 90 milligrams of codeine per dosage unit (Tylenol with Codeine'), and buprenorphine (Suboxone'). -Examples-of ale iliN non-narcoticsTn rule: benzphetamine (Didrex'), phendimetrazine, ketamine, and anabolic steroids such as Depo' Testosterone. Schedule IV Controlled Substances Substances in this schedule have a low potential for abuse relative to substances in Schedule III. 82 P1 Examples of Schedule IV substances Include: alprazolam ()Canes*), carisoprodol (Soma), clonazepam (Klonopin•), ciorazepate (Tranxenev), diazepam (Vallum*), lorazepam (Ativan.), midazolam (Verseda), temazepam (Restorill, and triazolam Weldon.)). Schedule V Controlled Substances Substances In this schedule have a low potential for abuse relative to substances listed in Schedule IV and consist primarily of preparations containing ilmttedquantities of certain narcotics. Examples of Schedule V substances include: cough preparations containing not more than 200 milligrams of codeine per 100 millllltors or per 100 grams (Robltussin Ate, Phenergan with Codelnee), and ezogabine. Schedule I drams are those that have the following characteristic according to the United States Drug Enforcement Agency: • The drug or other substance has a high potential for abuse. • The drug or other substance has no currently accepted medical treatment use in the U.S. • there Is a lack of accepted safety for use of the drug or substance under medical supervision. No prescriptions may be written for Schedule I substances, and they are not readily available for clinical use. Tetrahydrocannablnol (MC, 'marijuana) is still considered a Schedule 1 drug by the DEA. Marijuana SCHEDULE 1 (CLASS 1) DRUGS are illegal because they have high abuse potential, no medical use, and severe safety concerns; for example, narcotics such as Heroin, LSD, and cocaine. Marijuana is also included as a Cass 1 drug. The Unexpected Side Effects of Legalizing Marijuana Curtiation In jurisdictions where cultivation of marijuana was legalized (mostly in Northern California), residents are fed up with crime and environmental problems associated with the cultivation, and legalization for recreational use of marijuana. The two major issues that residents and Illy officials are experiencing and causing them to regret their decision to legalize cultivation and sale of marijuana in their jurisdictions are public safety issues and environmental issues that are on the increase within their jurisdiction. Public Safety Issues with Legalizing Marijuana Cultivation: Marijuana Cultivation is a nuisance that diminishes the quality of life on neighborhood streets and puts the whole neighborhood at risk of robbery, burglary and other crimes. February 23 , 2015 - Acacia Lane house (northern Califomia)there was a deadly shootout revealed a large-scale marijuana processing operation with a hash oil lab, cocaine, cash and guns, according to police. March 7, 2015 - In California alone, marijuana cultivation operations have drawn considerable violence into residential areas, including a predawn shootout at a Rinoon Valley home (California) The home's resident, who shot and killed a man trying to break down his door to get to his marijuana cultivation operation. An alleged accomplice of one of the reported intruders has been charged with murder. O Santa Rosa Police Sgt. Dave Linscomb said the violent crimes team has investigated at least five home -invasion robberies since September 2014 Involving marijuana, and they suspect many more go unreported. Of those, only one involved a situation in which no marijuana was found, according to police reports. O Sonoma County Sheriff — Steve Freitas said that it may be too late to stem the tide of violence associated with marijuana cultivation. Sheriff Steve Freltas said it was too early for him to comment on whether new changes to local ordinances might help law effort ement ern_marijuana-related -crirm -But-he—said- the violence needs to be addressed. In a Glen Ellen neighborhood (Central California), neighbors have a common list of complaints about the pungent odor and risk of crime brought by a man who moved into a house in September and set up cultivation of potted marijuana plants in the backyard. Auto thefts, auto burglaries, house burglaries, assaults 84 P3 and people smokingmarijuana in close proximity to where marijuana is cultivated then driving away from the area. In Colorado: The Information compares the aunty medical marijuana era (2006 — 2008), the medical marijuana commercialiization and expansion era (2009 — current) and the recreational marijuana era (2013 — current) in Colorado. • 2006 — 2008: There were between 1,000 and 4,800 medical marijuana cardholders and no known dispensaries operating in Colorado. • 2009 - Current: There were over 108,000 medical marijuana cardholders and 532 licensed dispensaries operating in Colorado by the end of 2012. See the introduction at the beginning of this report for more details on the commercialization and explosion of Colorado's medical marijuana trade. 2013 •- Current: In November 2012, Colorado voters passed Constitutional Amendment 64 -which legalized marijuana for recreational purposes for anyone over 21 years of age. The amendment also allowed for licensed marijuana retail stores, cultivation operations and edibles manufacturing. o Overall, traffic fatalities in Colorado decreased 14.8 percent, from 2007 to 2012. During the same five years in Colorado, traffic fatalities Involving operators testing positive for marijuana Increased 100 percent, o In 2007, Colorado traffic fatalities involving operators testing positive for marijuana represented 7.04 percent of the total traffic fatalities. By 2012, that number more than doubled to 16.53 percent Environmental Issues: • In March of this year plants at several growing facilities in the Denver area had to be quarantined because of the misuse of 'Pesticides.• The pestles, it turns out, were -chemical% -including—ewe- mixtures. Cannabis growers have been left to improvise since no commercial pesticides are labeled for legal use on cannabis plants. • Discharge of polluted water into storm water system causing city governments to be fined by the EPA ® Illegal disposal of chemicals and growing on public lands requiring city governments to foot the cost for hazmat to respond and clean the areas up. Other issues: Not enough personnel to regulate and license individuals who cultivate marijuana "farms,' 86 PS AhmgAt CIlY OF NATIONAL CITY- PLANNING DEPARTMENT 1243 NATIONAL Crn' BLvc., NATIONAL Crr v, CA 91950 NOTICE OF PDBLIIJEAiRING SPECIAL MEETING TO DISCUSS AN.AMENbMENT TO TITLE 1$ (ZONING) CHAPTER 18.30.340 OF THE NATIONAL. CITY MUNICIPAL CODE (MEDICAL MARIJUANA DISPENSARIES) TO ADDRESS CULTIVATION OF MARIJUANA. CASE FILE NO: 2015-25 A The National City Planning Commission will hold a public hearing at a special meeting after the hour of 6:00 p.m. Monday, November 23, 2015, in the City Council Chambers, 1243 National City Blvd., National City, California on a proposed Amendment to the Municipal Code, Chapter 18.30.340 — Medical Marijuana Dispensaries. The general purpose of the amendment is to amend the chapter to address the cultivation of medical marijuana and marijuana generally; Including, but not limited to, regulating and/or prohibiting such land use activities. Members of the public are invited to comment. Any person interested In this matter may appear at the above time and place and be heard. Written comments should be received by the Planning Department on or before 12 p.m., November 23, 2015. Planning Department staff may be contacted at 619-336-4310 or DianninlatiAnationalcityca.aov If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described In this notice, or In written correspondence delivered to the public hearing entity conducing the hearing at, or prior to, the public hearing. NATIONAL CITY PLANNING DEPARTMENT CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING MEETING TO DISCUSS AN AMENDMENT TO TITLE 18 (ZONING) CHAPTER 18.30.340 OF THE NATIONAL CITY MUNICIPAL CODE (MEDICAL MARIJUANA DISPENSARIES) TO ADDRESS CULTIVATION OF MARIJUANA. CASE FILE NO: 2015-25 A The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, December 7, 2015, in the City Council Chambers, 1243 National City Blvd., National City, California on a proposed Amendment to the Municipal Code, Chapter 18.30.340 — Medical Marijuana Dispensaries. The general purpose of this amendment is to amend the chapter to either prohibit cultivation or add regulations for the cultivation of medical marijuana and marijuana generally; this public hearing will include ordinances for both options: prohibition or regulation; the Planning Commission previously recommended regulating cultivation and this public hearing will allow for the Planning Commission to complete its review and recommendations. Members of the public are invited to comment. Any person interested in this matter may appear at the above time and place and be heard. Written comments should be received by the Planning Department on or before 12 p.m., December 7, 2015. Planning Department staff may be contacted at 619-336-4310 or planninoanationalcitvca.ciov. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the public hearing entity conducting the hearing at, or prior to, the public hearing. NATIONAL CITY PLANNING DEPARTMENT 88 RESOLUTION NO. 2015-27 (a) A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTION OF AN ORDINANCE ADDING SECTION 18.30.345 OF THE NATIONAL CITY MUNICIPAL CODE TO PROVIDE FOR THE CULTIVATION OF MARIJUANA FOR QUALIFIED PATIENTS AND PRIMARY CAREGIVERS CASE FILE NO. 2015-25 A WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the amendment of the National City Municipal Code, Chapter 18. 30.340; and, WHEREAS, the Planning Commission of the City of National City, California, considered said proposed amendment at duly advertised public hearings held on November 23, 2015 and December 7, 2015, at which time the Planning Commission considered evidence; and, WHEREAS, at said public hearing the Planning Commission considered the staff report provided for Case File No. 2015-25 A, which is maintained by the City and incorporated herein by reference, along with any other evidence presented at said hearing; and, WHEREAS, the Planning Commission of the City of National City recommends approval of an amendment to Title 18 (Zoning) adding section 18.30.345 of the National City Municipal Code to provide for the cultivation of marijuana for qualified patients and primary caregivers, attached hereto as Attachment "A"; and WHEREAS, the Planning Commission of the City of National City does not recommend approval of an amendment to Title 18 (Zoning) adding section 18.30.345 of the National City Municipal Code to prohibit medical marijuana cultivation, attached hereto as Attachment "B"; and WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, I ER AST#,his-aion -is-taken in -an -effort-to-.be-compliant with--applicable-State - and Federal law; and, WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Planning Commission of the City of National City, Califomia, that the evidence presented to the Planning Commission at the public hearings held on November 23, 2015 and December 7, 2015, support the following findings: 89 1. That the proposed amendment is in the public interest because proposed regulations related to medical marijuana cultivation will be consistent with California Health and Safety Code section 11362.5 (Compassionate Use Act) and California Health and Safety Code sections 11362.7-11362.83 (Medical Marijuana Program), which are designed to protect the public health, safety, and welfare. 2. That the proposed amendment is in the public interest because nothing in the proposed regulation will be intended to override a peace officer's judgment and discretion based on a case -by -case evaluation of the totality of the circumstances, or to interfere with a peace officer's sworn duty to enforce applicable law. 3. That the proposed amendment is in the public interest because the proposed regulations will maintain the rights of a qualified patient or primary caregiver otherwise authorized by California Health and Safety Code section 11362.5(d). 4. That the proposed amendment is in the public interest because nothing in the proposed regulations will be intended to authorize the sale, distribution, possession of marijuana, or any other transaction, in violation of state law. 5. That the proposed amendment is consistent with the National City General Plan because the purpose of the Health and Environmental Justice Element of the General Plan is to ...improve living conditions to foster the physical health and well-being of National City's residents; based on the intent of California Health and Safety Code section 11362.5 (Compassionate Use Act) and California Health and Safety Code sections 11362.7-11362.83 (Medical Marijuana), which allows for the use of medical marijuana for medicinal purposes for those with physical health issues, allowing for the cultivation of medical marijuana to aid in the treatment of physical health issues would be consistent with the General Plan. 6. That the proposed Amendment has been reviewed in compliance with the California Environmental Quality Act, and staff has determined that the proposed use is exempt from CEQA under section 15061(b)(3) — general rule, which states that CEQA applies only to projects which have the potential for causing a significant effect on the environment - ch1tivation of marijuana is not hi§hTy different from the cultivation of standard crops, the raising of which is an allowed use in several zones throughout the City. BE IT FURTHER RESOLVED that the Planning Commission recommends approval to the City Council of an amendment to Title 18 (Zoning) adding section 18.30.345 of the National City Municipal Code to provide for the cultivation of marijuana for qualified patients and primary caregivers, attached hereto as Attachment "A", and 90 does not recommend the ordinance prohibiting cultivation of marijuana, attached hereto as Attachment "B". BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of December 7, 2015, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: CHAIRPERSON 91 RESOLUTION NO. 2015-27 (b) A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTION OF AN ORDINANCE ADDING SECTION 18.30.345 OF THE NATIONAL CITY MUNICIPAL CODE TO PROHIBIT MEDICAL MARIJUANA CULTIVATION CASE FILE NO. 2015-25 A WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the amendment of the National City Municipal Code, Chapter 18. 30.340; and, WHEREAS, the Planning Commission of the City of National City, California, considered said proposed amendment at duly advertised public hearings held on November 23, 2015 and December 7, 2015, at which time the Planning Commission considered evidence; and, WHEREAS, at said public hearing the Planning Commission considered the staff report provided for Case File No. 2015-25 A, which is maintained by the City and incorporated herein by reference; along with any other evidence presented at said hearing; and, WHEREAS, the Planning Commission of the City of National City recommends approval of an amendment to Title 18 (Zoning) adding section 18.30.345 of the National City Municipal Code to prohibit medical marijuana cultivation, attached hereto as Attachment "A"; and WHEREAS, the Planning Commission of the City of National City does not recommend approval of an amendment to Title 18 (Zoning) adding section 18.30.345 of the National City Municipal Code to provide for the cultivation of marijuana for qualified patients and primary caregivers attached hereto as Attachment "B"; and WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, this action is taken in an effort to be compliant with applicable State and Federal law; and, WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Planning Commission of the City of National City, California, that the evidence presented to the Planning Commission at the public hearings held on November 23, 2015 and December 7, 2015, support the following findings: 92 1. That the proposed amendment is in the public interest because it retains local land use authority by the City; and local land use should remain with the City, because the City should retain its legislative function to determine what uses are most appropriate within its jurisdiction. 2. The compressed time frame from the State of California to enact an ordinance so that the City can continue local and use control over cultivation does not provide sufficient time to fully research and analyze the issues regarding allowing cultivation in the City; and prohibition of cultivation preserves local land use control while allowing for a subsequent amendment establishing regulation over cultivation at a later date, if so desired. 3. That the proposed amendment is in the public interest because marijuana cultivation in other California jurisdictions has resulted in impacts such as increased gun violence, robberies, traffic accidents/fatalities, and environmental impacts caused by pollutant discharge from growing operations, which would pose significant health threats to National City residents. 4. That the proposed amendment is in the public interest and is consistent with General Plan policy, because the purpose of the Health and Environmental Justice Element of the General Plan is to identify public health risks and environmental justice concerns and improve living conditions to foster the physical health and well-being of National City's residents, and because the Police Department has concluded that marijuana poses significant health threats to users. 5. That the proposed amendment has been reviewed to be in compliance with the California Environmental Quality Act (CEQA), because it has been determined that the proposed use is exempt from CEQA under section 15061(b)(3) — general rule. The project is not considered a project under CEQA; there is no possibility that the activity in question may have a significant impact on the environment. Cultivation is currently not a permitted use and this Code Amendment affirms that marijuana cultivation is prohibited. BE IT FURTHER RESOLVED that the Planning Commission recommends approval to the City Council of an amendment to Title 18 (Zoning) adding section 18.30.345 of the National City Municipal Code to prohibit cultivation of marijuana, attached hereto as Attachment "A", and does not recommend approval of an ordinance to provide for the cultivation of marijuana for qualified patients and primary caregivers, attached hereto as Attachment "B". BE 1T FURTHER RESOLVED that Planning Commission Resolution 2015-25 (b) recommending approval of a regulatory ordinance is hereby repealed. 93 BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of December 7, 2015, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: CHAIRPERSON 94 Item no. 10 December 7, 2015 RESOLUTION NO. 2015-27 (a) A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTION OF AN ORDINANCE ADDING SECTION 18.30.345 OF THE NATIONAL CITY MUNICIPAL CODE TO PROVIDE FOR THE CULTIVATION OF MARIJUANA FOR QUALIFIED PATIENTS AND PRIMARY CAREGIVERS CASE FILE NO. 2015-25 A WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the amendment of the National City Municipal Code, Chapter 18. 30.340; and, WHEREAS, the Planning Commission of the City of National City, California, considered said proposed amendment at duly advertised public hearings held on November 23, 2015 and December 7, 2015, at which time the Planning Commission considered evidence; and, WHEREAS, at said public hearing the Planning Commission considered the staff report provided for Case File No. 2015-25 A, which is maintained by the City and incorporated herein by reference, along with any other evidence presented at said hearing; and, WHEREAS, the Planning Commission of the City of National City recommends approval of an amendment to Title 18 (Zoning) adding section 18,30.345 of the National City Municipal Code to provide for the cultivation of marijuana for qualified patients and primary caregivers, attached hereto as Attachment "A"; and WHEREAS, the Planning Commission of the City of National City does not recommend approval of an amendment to Title 18 (Zoning) adding section 18.30.345 of the National City Municipal Code to prohibit medical marijuana cultivation, attached hereto as Attachment "B"; and -WHEREAS-,-this action -is —Men pursue-tlo appiible procedures required-6y State law and City law; and, WHEREAS, this action is taken in an effort to be compliant with applicable State and Federal law; and, WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety and general welfare. 95 NOW, THEREFORE, BE IT RESOLVED by the City Planning Commission of the City of National City, California, that the evidence presented to the Planning Commission at the public hearings held on November 23, 2015 and December 7, 2015, support the following findings: 1. That the proposed amendment is in the public interest because proposed regulations related to medical marijuana cultivation will be consistent with California Health and Safety Code section 11362.5 (Compassionate Use Act) and California Health and Safety Code sections 11362.7-11362.83 (Medical Marijuana Program), which are designed to protect the public health, safety, and welfare. 2. That the proposed amendment is in the public interest because nothing in the proposed regulation will be intended to override a peace officer's judgment and discretion based on a case -by -case evaluation of the totality of the circumstances, or to interfere with a peace officer's sworn duty to enforce applicable law. 3. That the proposed amendment is in the public interest because the proposed regulations will maintain the rights of a qualified patient or primary caregiver otherwise authorized by California Health and Safety Code section 11362.5(d). 4. That the proposed amendment is in the public interest because nothing in the proposed regulations will be intended to authorize the sale, distribution, possession of marijuana, or any other transaction, in violation of state law. 5. That the proposed amendment is consistent with the National City General Plan because the purpose of the Health and Environmental Justice Element of the General Plan is to ...improve living conditions to foster the physical health and well-being of National City's residents; based on the intent of California Health and Safety Code section 11362.5 (Compassionate Use Act) and California Health and Safety Code sections 11362.7-11362.83 (Medical Marijuana), which allows for the use of medical marijuana for medicinal purposes for those with physical health issues, allowing for the cultivation of medical marijuana to aid in the treatment of physical health issues would be consistent with the General Plan. 6. That the __proposed Amendment has been reviewed in compliance with-- the. California Environmental Quality Act, and staff has determined that the proposed use is exempt from CEQA under section 15061(b)(3) — general rule, which states that CEQA applies only to projects which have the potential for causing a significant effect on the environment — cultivation of marijuana is not highly different from the cultivation of standard crops, the raising of which is an allowed use in several zones throughout the City. 96 BE IT FURTHER RESOLVED that the Planning Commission recommends approval to the City Council of an amendment to Title 18 (Zoning) adding section 18.30.345 of the National City Municipal Code to provide for the cultivation of marijuana for qualified patients and primary caregivers, attached hereto as Attachment "A", and does not recommend the ordinance prohibiting cultivation of marijuana, attached hereto as Attachment "B". BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of December 7, 2015, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: CHAIRPERSON 97 ATTACHMENT "A" ORDINANCE NO. 2015 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING SECTION 18.30.345 OF THE NATIONAL CITY MUNICIPAL CODE TO PROVIDE FOR THE CULTIVATION OF MARIJUANA FOR QUALIFIED PATIENTS AND PRIMARY CAREGIVERS WHEREAS, in 1996, California voters adopted Proposition 215, which is known as the Compassionate Use Act ("CUA") and which is codified as Health & Safety Code Section 11362.5 to allow for the use of medical marijuana for medicinal purposes; and WHEREAS, the CUA exempts qualified patients and their primary caregivers from criminal liability under state law for the possession and cultivation of marijuana for personal medical use; and WHEREAS, a qualified patient is an individual who has received a physician's recommendation for the use of marijuana for a medical purpose, and the primary caregiver is someone who has consistently assumed responsibility for the housing, health, or safety of a patient; and WHEREAS, in 2003, the Legislature adopted the Medical Marijuana Program ("MMP") in Health & Safety Code Section 11362.7 et seq. to clarify lawful medical marijuana practices such as who may possess marijuana and how much of the plant can be cultivated, and to establish a voluntary identification card program; and WHEREAS, the MMP provides that local agencies may regulate the location, operation, or establishment of a medical marijuana cooperative or collective; and WHEREAS, the MMP provides that a qualified patient or primary caregiver may grow or keep no more than 6 mature or 12 immature marijuana plants, or 8 ounces of dried marijuana (per qualified patient), and that local agencies may set higher limits for the amount of plants or dried marijuana that a qualified patient or primary caregiver may grow or keep; and WHEREAS, in 2012, the City Council adopted Ordinance 2012-2372 to prohibit medical marijuana dispensaries in the City as codified in National City Municipal Code Section 18.30.340; and WHEREAS, on October 9, 2015, Governor Brown approved the Medical Marijuana Regulation and Safety Act ("The Act"), which establishes comprehensive, statewide licensure and regulations for commercial medical marijuana activity that respect local control, -pr ecl pattants, promote punt safety, and -preserve the environment Th Ac is comprised of three separate bills: Senate Bill 643 (McGuire), Assembly Bill 266 (Bonta, Cooley, Lackey and Jones -Sawyer), and Assembly Bill 243 (Wood). Only AB 243 and AB 266 affect local regulations. In general, AB 243 relates to medical marijuana cultivation; and, AB 266 relates to deliveries and mobile dispensaries; and WHEREAS, AB 243 provides that no person or entity may cultivate medical marijuana without first obtaining a state license, which is a program to be developed under the new law, and a license, permit or other entitlement from the local jurisdiction in which the cultivation would occur; and 98 WHEREAS, under AB 243, a local agency may issue or deny permits for the cultivation of medical marijuana provided any conditional use permit is at least as stringent as the State's licensing requirements, which are yet to be developed, and the local agency must have land use regulations or ordinances in place no later than March 1, 2016, or the State becomes the sole licensing authority for medical marijuana in that local jurisdiction; and WHEREAS, pursuant to AB 243, cultivation of marijuana for personal medicai use by a qualified patient of less than 100 square feet and cultivation of marijuana by a primary caregiver of Tess than 500 square feet for no more than 5 qualified patients without remuneration except for the allowed compensation under the MMP are exempt activities from the licensing requirements of The Act; provided, however, that local agencies may regulate or ban the cultivation, storage, manufacture, transport, provision or other related activities of exempt medical marijuana activities; and WHEREAS, the City's Land Use Code does not specifically regulate or prohibit the cultivation of medical marijuana; however, the City's Land Use Code is a "permissive zoning" code. This means that uses not expressly permitted are prohibited. Accordingly, cultivation is not currently allowed in National City as it is not specifically permitted by the Land Use Code; and WHEREAS, in order to ensure clarity in the light of recent enactment of The Act, and to affirmatively retain local land use control on this issue, the Land Use Code should be updated to be specific as to the prohibition or regulation of cultivation; and WHEREAS, the City does not cede its authority to regulate or prohibit the cultivation of medical marijuana to the State. follows: NOW THEREFORE, the City Council of the City of National City does ordain as Section 1. Section 18.30.345 of the National City Municipal Code is hereby added to read as follows: 18.30.345 Medical Marijuana Cultivation A. Purpose and Intent 1. It is the intent of the Council to adopt regulations consistent with the Compassionate Use Act (Health & Safety Code Section 11362.5), the Medical Marijuana Program (Health & Safety Code Sections 11362.7 et seq.), and the Medical Marijuana Regulation and Safety Act (Health & Safety Code Section 11362.77), and to protect the public health, safety, and welfare. 2. Nothing in this Section is intended to override a peace officer's judgment and discretion based on a case -by -case evaluation of the totality of the circumstances, or to interfere with a peace officer's sworn duty to enforce applicable law. 3. Nothing in this Section is intended to reduce the rights of a qualified patient or primary caregiver otherwise authorized by California Health and Safety Code section 11362.5(d). 4. This Section shall be interpreted in a manner consistent with state law. Ordinance No. 2015- 2 Medical Marijuana Cultivation Adding NCMC Section 18.30.345 99 Nothing in this Section is intended to authorize the sale, distribution, possession of marijuana, or any other transaction in violation of state law. 5. For purposes of this Section, the area used to cultivate marijuana shall be measured by the aggregate area of vegetative growth of live marijuana plants on the premises. B. Definitions For the purpose of this Section the following definitions shall apply: 1. "Marijuana" has the same meaning as in California Health & Safety Code Section 11018. 2. "Primary caregiver" means the individual designated by the qualified patient who has consistently assumed responsibility for the housing, health, or safety of the qualified patient, in accordance with state law, including California Health & Safety Code Section 11362.5. As explained in People v. Mentch, 45 Cal. 4th 274 (2008), a primary caregiver is a person who consistently provides caregiving to a qualified patient, independent of any assistance in taking medical marijuana, at or before the time he or she assumed responsibility for assisting with medical marijuana. 3. "Processed marijuana" means harvested marijuana that is in a form other than a live plant. 4. "Qualified patient" means a California resident having the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief in accordance with state law, including California Health & Safety Code Section 11362.5. 5. "State identification card" means the card issued to a patient or caregiver in accordance with California Health & Safety Code Sections 11362.71-11362.76. C. State Identification Card Holders: Permissible Amounts of Marijuana [Option 1 — based on San Diego model] A person in possession of a current and valid state identification card and who is within the jurisdictional limits of the City, is not subject to arrest for possession of marijuana, or detention by law enforcement longer than necessary to verify his or her status, or seizure by law enforcement of marijuana in his or her possession, if the amount of marijuana possessed is within the -following -limits: - 1. Processed Marijuana - Qualified Patients. An individual who is a qualified patient may possess the total amount of processed marijuana, regardless of growing method, recommended by his or her physician for the length of time recommended by the physician, not to exceed one pound, or an amount consistent with the physician's recommendation, whichever is less. 2. Processed Marijuana - Primary Caregivers. An individual who is a primary caregiver may possess processed marijuana not to exceed one pound for each qualified patient for whom the individual serves as a verified primary caregiver, or an amount Ordinance No. 2015- 3 Medical Marijuana Cultivation Adding NCMC Section 18.30.345 100 consistent with the recommendation of the physician or physicians, whichever is less, except that such amount shall not exceed a total of two pounds. 3. Indoor Plants - Qualified Patients. A qualified patient may possess a maximum of twenty-four unharvested marijuana plants growing in an area of no more than 64 square feet, or an amount consistent with the physician's recommendation, whichever is Tess. 4. indoor Plants - Primary Caregivers. A primary caregiver may possess a maximum of twenty-four unharvested marijuana plants growing in an area of no more than 64 square feet for each qualified patient for whom the individual serves as a primary caregiver, not to exceed a total of ninety-nine plants, or an amount consistent with the recommendation of the physician or physicians, whichever is less. 5. Outdoor/Greenhouse Plants [optional]. No unsupervised outdoor marijuana cultivation shall be permitted. Growing marijuana shall only be permitted in a fully enclosed yard with a minimum six-foot fence perimeter and in a greenhouse or structure that must be locked and contained. The amount of marijuana grown in the enclosed yard with a minimum six-foot fence perimeter and greenhouses or structures that are locked and contained shall not exceed the permissible amounts for indoor plants according to this Section. C. State Identification Card Holders: Permissible Amounts of Marijuana [Option 2 - based on State minimum levels] A person in possession of a current and valid state identification card and who is within the jurisdictional limits of the City, is not subject to arrest for possession of marijuana, or detention by law enforcement longer than necessary to verify his or her status, or seizure by law enforcement of marijuana in his or her possession, if the amount of marijuana possessed is within the following limits: 1. Processed Marijuana - Qualified Patients. An individual who is a qualified patient may possess the total amount of processed marijuana, regardless of growing method, recommended by his or her physician for the length of time recommended by the physician, not to exceed eight ounces, or an amount consistent with the physician's recommendation, whichever is more. 2. Processed Marijuana - Primary Caregivers. An individual who is a primary caregiver may possess processed marijuana not to exceed eight ounces for each qualified patient for whom the individual serves as a verified primary caregiver, or an amount consistent with the physician's recommendation, whichever is more, except that such amount shall not exceed a total of two pounds. -3-. -Indoor--Plans t-..Qualfiie- dP-aens,- Qualified-- aualiiiect--patient -mad .possess -six - mature or 12 immature marijuana plants, or an amount consistent with the physician's recommendation, whichever is more. 4. Indoor Plants - Primary Caregivers. A primary caregiver may possess six mature or 12 immature marijuana plants for each qualified patient for whom the individual serves as a primary caregiver, or an amount consistent with the recommendation of the physician or physicians, whichever is more. 5. Outdoor/Greenhouse Plants [optional]. No unsupervised outdoor marijuana cultivation shall be permitted. Growing marijuana shall only be permitted in a fully Ordinance No. 2015- 4 Medical Marijuana Cultivation Adding NCMC Section 18.30.345 101 enclosed yard with a minimum six-foot fence perimeter and in a greenhouse or structure that must be locked and contained. The amount of marijuana grown in the enclosed yard with a minimum six-foot fence perimeter and greenhouses or structures that are locked and contained shall not exceed the permissible amounts for indoor plants according to this Section. C. State Identification Card Holders: Permissible Amounts of Marijuana [Option 3 - based on State maximum for exemption from State licensing requirement] A person in possession of a current and valid state identification card and who is within the jurisdictional limits of the City, is not subject to arrest for possession of marijuana, or detention by law enforcement longer than necessary to verify his or her status, or seizure by law enforcement of marijuana in his or her possession, if the amount of marijuana possessed is within the following limits: 1. Processed Marijuana - Qualified Patients. An individual who is a qualified patient may possess the total amount of processed marijuana, regardless of growing method, recommended by his or her physician for the length of time recommended by the physician, not to exceed one pound, or an amount consistent with the physician's recommendation, whichever is less, 2. Processed Marijuana - Primary Caregivers. An individual who is a primary caregiver may possess processed marijuana not to exceed one pound for each qualified patient for whom the individual serves as a verified primary caregiver, or an amount consistent with the recommendation of the physician or physicians, whichever is Tess, except that such amount shall not exceed a total of two pounds. 3. Indoor Plants - Qualified Patients. A qualified patient may cultivate marijuana plants in an area not to exceed 100 square feet provided he or she cultivates marijuana for his or her personal medical use and does not sell, distribute, donate or provide marijuana to any other person or entity, or an amount consistent with the physician's recommendation, whichever is less. 4. Indoor Plants - Primary Caregivers. A primary caregiver may cultivate marijuana plants in an area of not to exceed 500 square feet provided he or she cultivates marijuana exclusively for the personal medical use of no more than five specified qualified patients for whom he or she is the primary caregiver within the meaning of Health & Safety Code Section 11362.7 and does not receive remuneration for these activities, except for compensation provided in full compliance with Health & Safety Code Section 11362.765(c). 5. Outdoor/Greenhouse Plants [optional]. No unsupervised outdoor marijuana cultivation shall be permitted. Growing marijuana shall only be permitted in a fully enclosed-yard-with-a-minimum-sixfoot-fence perimeter -and -in a -greenhouse -or -sfr ucture-that must be locked and contained. The amount of marijuana grown in the enclosed yard with a minimum six-foot fence perimeter and greenhouses or structures that are locked and contained shall not exceed the permissible amounts for indoor plants according to this Section. D. Locations for Cultivation 1. A qualified patient may cultivate medical marijuana in the amounts allowed under subsection C herein only in a legal residential unit in any residential or mixed use zone. Ordinance No. 2015- Adding NCMC Section 18.30.345 5 Medical Marijuana Cultivation 102 2. A primary caregiver may cultivate medical marijuana in the amounts allowed under subsection C herein in a legal residential unit in any residential or mixed use zone and in the Light Industrial ("IL") zone. 3. A qualified patient or primary caregiver may cultivate medical marijuana outdoors pursuant to subsection (C)(5) only in zones RS-1 and RS-2. [optional] 4. From the public right-of-way, there shall be no visual evidence of cultivation of the marijuana. [optional] E. Conditional Use Permit. [Option 1—Primary Caregivers who exceed limits in subsection C] A primary caregiver may exceed the permissible medical marijuana activity allowed under subsections (C)(2) and (C)(4) in the IL zone only, but prior to doing so must obtain annually a conditional use permit from the City pursuant to National City Municipal Code Section 18.12.110, which permit conditions shall not be less stringent than the California Department of Food and Agriculture's licensing requirements for the cultivation of medical marijuana established pursuant to Health & Safety Code Section 11362.777. It is unlawful for any cultivation under CUP to be outdoors, and it is unlawful for any discharge from the cultivation to enter the City's storm drain system. E. Conditional Use Permit. [Option 2—Any Cultivation subsection C] A primary caregiver or qualified patient may cultivate medical marijuana under subsection (C), or a primary caregiver may exceed the permissible medical marijuana activity allowed under subsections (C)(2) and (C)(4) in the IL zone only, but prior to doing so must obtain annually a conditional use permit from the City pursuant to National City Municipal Code Section 18.12.110, which permit conditions shall not be Tess stringent than the California Department of Food and Agriculture's licensing requirements for the cultivation of medical marijuana established pursuant to Health & Safety Code Section 11362.777, It is unlawful for any cultivation under CUP to be outdoors, and it is unlawful for any discharge from the cultivation to enter the City's storm drain system. F. Violation — Penalty 1. Unless otherwise provided, any person who violates any provision of this Section or fails to comply with any requirement thereof shall be guilty of a misdemeanor and shall be punished, cited, or penalized as provided in Title 1 of the National City Municipal Code. 2. Each day or portion thereof that a violation of this Section exists shall con_tstitute-a-separate-violatiorr. 3. Each violation of this Section shall constitute a public nuisance. Section 2 The City Council finds that this Ordinance is exempt from the provisions of the California Environmental Quality Act ("CEQA") pursuant to Section 15061(b)(3) because there is no possibility that the activity in question may have a significant effect on the environment. Section 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Chapter, or its application to any person or circumstance, is for any Ordinance No, 2015- 6 Medical Marijuana Cultivation Adding NCMC Section 18.30.345 103 reason held to be invalid or unenforceable, such invalidity or unenforceability snaii not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Chapter, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. EFFECTIVE DATE: This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk of the City of National City shall cause this Ordinance to be published pursuant to the provisions of Government Code Section 36933. INTRODUCED at a regular meeting of the City Council of the City of National, California held on the _ day of 2015, and thereafter, PASSED, APPROVED and ADOPTED this day of , 2015. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Ordinance No. 2015- 7 Medical Marijuana Cultivation Adding NCMC Section 18.30.345 104 ATTACHMENT "B" ORDINANCE NO. 2015 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING SECTION 18.30.345 OF THE NATIONAL CITY MUNICIPAL CODE TO PROHIBIT CULTIVATION OF MARIJUANA WHEREAS, in 2012, the City Council adopted Ordinance 2012-2372 to prohibit medical marijuana dispensaries in the City as codified in National City Municipal Code Section 18.30.340; and WHEREAS, on October 9, 2015, Governor Brown approved the Medical Marijuana Regulation and Safety Act ("The Act"), which establishes comprehensive, statewide licensure and regulations for commercial medical marijuana activity that respect Local control, protect patients, promote public safety, and preserve the environment. The Act is comprised of three separate bills: Senate Bill 643 (McGuire), Assembly Bill 266 (Bonta, Cooley, Lackey and Jones -Sawyer), and Assembly Bill 243 (Wood). Only AB 243 and AB 266 affect local regulations. In general, AB 243 relates to medical marijuana cultivation; and, AB 266 relates to deliveries and mobile dispensaries; and WHEREAS, the City's Land Use Code does not specifically regulate or prohibit the cultivation of medical marijuana; however, the City's Land Use Code is a "permissive zoning" code. This means that uses not expressly permitted are prohibited, Accordingly, cultivation is not currently allowed in National City as it is not specifically permitted by the Land Use Code; and WHEREAS, in order to ensure clarity in the light of recent enactment of The Act, and to affirmatively retain local land use control on this issue, the Land Use Code should be updated to be specific as to the prohibition or regulation of cultivation; and WHEREAS, the City does not cede its authority to regulate or prohibit the cultivation of medical marijuana to the State. follows: NOW THEREFORE, the City Council of the City of National City does ordain as Section 1. Section 18.30.345 of the National City Municipal Code is hereby added to read as follows: 18.30.345 Medical Marijuana Cultivation A. Wrote bition 1. Cultivation of marijuana for medicinal purposes is prohibited. 2. Cultivation of marijuana is prohibited regardless of purpose. B. Definitions For the purpose of this Section the following definitions shall apply: 1. Cultivation of marijuana shall mean the planting, growing, cultivating, 105 harvesting, drying, or processing of marijuana. 2. For purposes of this section, "marijuana" shall have the same meaning as the definition of that word in Section 11018 of the California Health and Safety Code" has the same meaning as in California Health & Safety Code Section 11018. Section 2. The proposed amendment is exempt from the California Environmental Quality Act (CEQA) under section 15061(b)(3) — general rule; the project is not considered a project under CEQA as there is no possibility that the activity in question may have a significant impact on the environment; cultivation is currently not a permitted use and this Code Amendment affirms that marijuana cultivation is prohibited. EFFECTIVE DATE: This Ordinance shall be effective thirty (30) days atter its adoption. Within fifteen (15) days after its adoption, the City Clerk of the City of National City shall cause this Ordinance to be published pursuant to the provisions of Government Code Section 36933. INTRODUCED at a regular meeting of the City Council of the City of National, California held on the _ day of 2015, and thereafter, PASSED, APPROVED and ADOPTED this day of , 2015. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City -Attorney Ordinance No. 2015- 2 Medical Marijuana Cultivation Adding NCMC Section 18.30.345 106 Item no. 10 December 7, 2015 RESOLUTION NO. 2015-27 (b) A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTION OF AN ORDINANCE ADDING SECTION 18.30.345 OF THE NATIONAL CITY MUNICIPAL CODE TO PROHIBIT MEDICAL MARIJUANA CULTIVATION CASE FILE NO. 2015-25 A WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the amendment of the National City Municipal Code, Chapter 18. 30.340; and, WHEREAS, the Planning Commission of the City of National City, California, considered said proposed amendment at duly advertised public hearings held on November 23, 2015 and December 7, 2015, at which time the Planning Commission considered evidence; and, WHEREAS, at said public hearing the Planning Commission considered the staff report provided for Case File No. 2015-25 A, which is maintained by the City and incorporated herein by reference; along with any other evidence presented at said hearing; and, WHEREAS, the Planning Commission of the City of National City recommends approval of an amendment to Title 18 (Zoning) adding section 18.30.345 of the National City Municipal Code to prohibit medical marijuana cultivation, attached hereto as Attachment "A"; and WHEREAS, the Planning Commission of the City of National City does not recommend approval of an amendment to Title 18 (Zoning) adding section 18.30.345 of the National City Municipal Code to provide for the cultivation of marijuana for qualified patients and primary caregivers attached hereto as Attachment "B"; and WHEREAS, this action is taken pursuant to al! applicable procedures required by State law and City law; and, WHEREAS, this action is taken in an effort to be compliant with applicable State and Federal law; and, WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Planning Commission of the City of National City, California, that the evidence presented to the Planning 107 Commission at the public hearings held on November 23, 2015 and December 7, 2015, support the following findings: 1. That the proposed amendment is in the public interest because it retains local land use authority by the City; and local land use should remain with the City, because the City should retain its legislative function to determine what uses are most appropriate within its jurisdiction. 2. The compressed time frame from the State of California to enact an ordinance so that the City can continue local land use control over cultivation does not provide sufficient time to fully research and analyze the issues regarding allowing cultivation in the City; and prohibition of cultivation preserves local land use control while allowing for a subsequent amendment establishing regulation over cultivation at a later date, if so desired. 3. That the proposed amendment is in the public interest because marijuana cultivation in other California jurisdictions has resulted in impacts such as increased gun violence, robberies, traffic accidents/fatalities, and environmental impacts caused by pollutant discharge from growing operations, which would pose significant health threats to National City residents. 4. That the proposed amendment is in the public interest and is consistent with General Plan policy, because the purpose of the Health and Environmental Justice Element of the General Plan is to identify public health risks and environmental justice concerns and improve living conditions to foster the physical health and well-being of National City's residents, and because the Police Department has concluded that marijuana poses significant health threats to users. 5. That the proposed amendment has been reviewed to be in compliance with the California Environmental Quality Act (CEQA), because it has been determined that the proposed use is exempt from CEQA under section 15061(b)(3) — general rule. The project is not considered a project under CEQA; there is no possibility that the activity in question may have a significant impact on the environment. Cultivation is currently not a permitted use and this Code Amendment affirms that marijuana cultivation is prohibited. BE IT FURTHER RESOLVED that the Planning Commission recommends approval to the City Council of an amendment to Title 18 (Zoning) adding section 18.30.345 of the National City Municipal Code to prohibit cultivation of marijuana, attached hereto as Attachment "A", and does not recommend approval of an ordinance to provide for the cultivation of marijuana for qualified patients and primary caregivers, attached hereto as Attachment "B". 108 BE IT FURTHER RESOLVED that Planning Commission Resolution 2015-25 (b) recommending approval of a regulatory ordinance is hereby repealed. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of December 7, 2015, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: CHAIRPERSON 109 ATTACHMENT "A" ORDINANCE NO. 2015 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING SECTION 18.30.345 OF THE NATIONAL CITY MUNICIPAL CODE TO PROHIBIT CULTIVATION OF MARIJUANA WHEREAS, in 2012, the City Council adopted Ordinance 2012-2372 to prohibit medical marijuana dispensaries in the City as codified in National City Municipal Code Section 18.30.340; and WHEREAS, on October 9, 2015, Governor Brown approved the Medical Marijuana Regulation and Safety Act ("The Act"), which establishes comprehensive, statewide licensure and regulations for commercial medical marijuana activity that respect local control, protect patients, promote public safety, and preserve the environment. The Act is comprised of three separate bills: Senate Bill 643 (McGuire), Assembly Bill 266 (Bonta, Cooley, Lackey and Jones -Sawyer), and Assembly Bill 243 (Wood). Only AB 243 and AB 266 affect local regulations. In general, AB 243 relates to medical marijuana cultivation; and, AB 266 relates to deliveries and mobile dispensaries; and WHEREAS, the City's Land Use Code does not specifically regulate or prohibit the cultivation of medical marijuana; however, the City's Land Use Code is a "permissive zoning" code. This means that uses not expressly permitted are prohibited. Accordingly, cultivation is not currently allowed in National City as it is not specifically permitted by the Land Use Code; and WHEREAS, in order to ensure clarity in the light of recent enactment of The Act, and to affirmatively retain local land use control on this issue, the Land Use Code should be updated to be specific as to the prohibition or regulation of cultivation; and WHEREAS, the City does not cede its authority to regulate or prohibit the cultivation of medical marijuana to the State. NOW THEREFORE, the City Council of the City of National City does ordain as follows: Section 1. Section 18.30.345 of the National City Municipal Code is hereby added to read as follows: 18.30.345 Medical Marijuana Cultivation A. —Prohibition 1. Cultivation of marijuana for medicinal purposes is prohibited. 2. Cultivation of marijuana is prohibited regardless of purpose. B. Definitions For the purpose of this Section the following definitions shall apply: 1. Cultivation of marijuana shall mean the planting, growing, cultivating, 110 harvesting, drying, or processing of marijuana. 2. For purposes of this section, "marijuana" shall have the same meaning as the definition of that word in Section 11018 of the California Health and Safety Code" has the same meaning as in California Health & Safety Code Section 11018. Section 2. The proposed amendment is exempt from the California Environmental Quality Act (CEQA) under section 15061(b)(3) — general rule; the project is not considered a project under CEQA as there is no possibility that the activity in question may have a significant impact on the environment; cultivation is currently not a permitted use and this Code Amendment affirms that marijuana cultivation is prohibited. EFFECTIVE DATE: This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk of the City of National City shall cause this Ordinance to be published pursuant to the provisions of Government Code Section 36933. INTRODUCED at a regular meeting of the City Council of the City of National, California held on the ` day of 2015, and thereafter, PASSED, APPROVED and ADOPTED this day of , 2015. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva Gitomcy - Ordinance No. 2015- 2 Medical Marijuana Cultivation Adding NCMC Section 18.30.345 111 ATTACHMENT "B" ORDINANCE NO. 2015 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING SECTION 18.30.345 OF THE NATIONAL CITY MUNICIPAL CODE TO PROVIDE FOR THE CULTIVATION OF MARIJUANA FOR QUALIFIED PATIENTS AND PRIMARY CAREGIVERS WHEREAS, in 1996, California voters adopted Proposition 215, which is known as the Compassionate Use Act ("CUA") and which is codified as Health & Safety Code Section 11362.5 to allow for the use of medical marijuana for medicinal purposes; and WHEREAS, the CUA exempts qualified patients and their primary caregivers from criminal liability under state law for the possession and cultivation of marijuana for personal medical use; and WHEREAS, a qualified patient is an individual who has received a physician's recommendation for the use of marijuana for a medical purpose, and the primary caregiver is someone who has consistently assumed responsibility for the housing, health, or safety of a patient; and WHEREAS, in 2003, the Legislature adopted the Medical Marijuana Program ("MMP") in Health & Safety Code Section 11362.7 et seq. to clarify lawful medical marijuana practices such as who may possess marijuana and how much of the plant can be cultivated, and to establish a voluntary identification card program; and WHEREAS, the MMP provides that local agencies may regulate the location, operation, or establishment of a medical marijuana cooperative or collective; and WHEREAS, the MMP provides that a qualified patient or primary caregiver may grow or keep no more than 6 mature or 12 immature marijuana plants, or 8 ounces of dried marijuana (per qualified patient), and that local agencies may set higher limits for the amount of plants or dried marijuana that a qualified patient or primary caregiver may grow or keep; and WHEREAS, in 2012, the City Council adopted Ordinance 2012-2372 to prohibit medical marijuana dispensaries in the City as codified in National City Municipal Code Section 18.30.340; and WHEREAS, on October 9, 2015, Governor Brown approved the Medical Marijuana Regulation and Safety Act ("The Act"), which establishes comprehensive, statewide licensure and regulations for commercial medical marijuana activity that respect local control, protec patients, promote public safety, aria preserve the environment. The Arc is comprised o1 three separate bills: Senate Bill 643 (McGuire), Assembly Bill 266 (Bonta, Cooley, Lackey and Jones -Sawyer), and Assembly Bill 243 (Wood). Only AB 243 and AB 266 affect local regulations. In general, AB 243 relates to medical marijuana cultivation; and, AB 266 relates to deliveries and mobile dispensaries; and WHEREAS, AB 243 provides that no person or entity may cultivate medical marijuana without first obtaining a state license, which is a program to be developed under the new law, and a license, permit or other entitlement from the local jurisdiction in which the cultivation would occur; and 112 WHEREAS, under AB 243, a local agency may issue or deny permits for the cultivation of medical marijuana provided any conditional use permit is at least as stringent as the State's licensing requirements, which are yet to be developed, and the local agency must have land use regulations or ordinances in place no later than March 1, 2016, or the State becomes the sole licensing authority for medical marijuana in that local jurisdiction; and WHEREAS, pursuant to AB 243, cultivation of marijuana for personal medical use by a qualified patient of less than 100 square feet and cultivation of marijuana by a primary caregiver of less than 500 square feet for no more than 5 qualified patients without remuneration except for the allowed compensation under the MMP are exempt activities from the licensing requirements of The Act; provided, however, that local agencies may regulate or ban the cultivation, storage, manufacture, transport, provision or other related activities of exempt medical marijuana activities; and WHEREAS, the City's Land Use Code does not specifically regulate or prohibit the cultivation of medical marijuana; however, the City's Land Use Code is a "permissive zoning" code. This means that uses not expressly permitted are prohibited. Accordingly, cultivation is not currently allowed in National City as it is not specifically permitted by the Land Use Code; and WHEREAS, in order to ensure clarity in the light of recent enactment of The Act, and to affirmatively retain local land use control on this issue, the Land Use Code should be updated to be specific as to the prohibition or regulation of cultivation; and WHEREAS, the City does not cede its authority to regulate or prohibit the cultivation of medical marijuana to the State. follows: NOW THEREFORE, the City Council of the City of National City does ordain as Section 1. read as follows: Section 18.30.345 of the National City Municipal Code is hereby added to 18.30.345 Medical Marijuana Cultivation A. Purpose and Intent 1. It is the intent of the Council to adopt regulations consistent with the Compassionate Use Act (Health & Safety Code Section 11362.5), the Medical Marijuana Program (Health & Safety Code Sections 11362.7 et seq.), and the Medical Marijuana Regulation and Safety Act (Health & Safety Code Section 11362.77), and to protect the public health, safek and welfare. 2. Nothing in this Section is intended to override a peace officer's judgment and discretion based on a case -by -case evaluation of the totality of the circumstances, or to interfere with a peace officer's swam duty to enforce applicable law. 3. Nothing in this Section is intended to reduce the rights of a qualified patient or primary caregiver otherwise authorized by California Health and Safety Code section 11362.5(d). 4. This Section shall be interpreted in a manner consistent with state law. Ordinance No. 2015- 2 Medical Marijuana Cultivation Adding NCMC Section 18.30.345 113 Nothing in this Section is intended to authorize the sale, distribution, possession of marijuana, or any other transaction in violation of state law. 5. For purposes of this Section, the area used to cultivate marijuana shall be measured by the aggregate area of vegetative growth of live marijuana plants on the premises. B. Definitions For the purpose of this Section the following definitions shall apply: 1. "Marijuana" has the same meaning as in California Health & Safety Code Section 11018. 2. "Primary caregiver" means the individual designated by the qualified patient who has consistently assumed responsibility for the housing, health, or safety of the qualified patient, in accordance with state law, including California Health & Safety Code Section 11362.5. As explained in People v. Mentch, 45 Cal. 4th 274 (2008), a primary caregiver is a person who consistently provides caregiving to a qualified patient, independent of any assistance in taking medical marijuana, at or before the time he or she assumed responsibility for assisting with medical marijuana. 3. "Processed marijuana" means harvested marijuana that is in a form other than a live plant. 4. "Qualified patient" means a California resident having the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief in accordance with state law, including California Health & Safety Code Section 11362.5. 5. 'State identification card" means the card issued to a patient or caregiver in accordance with California Health & Safety Code Sections 11362.71-11362.76. C. State Identification Card Holders: Permissible Amounts of Marijuana [Option 1 based on San Diego model] A person in possession of a current and valid state identification card and who is within the jurisdictional limits of the City, is not subject to arrest for possession of marijuana, or detention by law enforcement longer than necessary to verify his or her status, or seizure by law enforcement of marijuana in his or her possession, if the amount of marijuana possessed is within_thefollowing-limits - - 1. Processed Marijuana - Qualified Patients. An individual who is a qualified patient may possess the total amount of processed marijuana, regardless of growing method, recommended by his or her physician for the length of time recommended by the physician, not to exceed one pound, or an amount consistent with the physician's recommendation, whichever is less. 2. Processed Marijuana - Primary Caregivers. An individual who is a primary caregiver may possess processed marijuana not to exceed one pound for each qualified patient for whom the individual serves as a verified primary caregiver, or an amount Ordinance No. 2015- 3 Medical Marijuana Cultivation Adding NCMC Section 18.30.345 114 consistent with the recommendation of the physician or physicians, whichever is less, except that such amount shall not exceed a total of twa pounds. 3. Indoor Plants - Qualified Patients. A qualified patient may possess a maximum of twenty-four unharvested marijuana plants growing in an area of no more than 64 square feet, or an amount consistent with the physician's recommendation, whichever is less. 4. Indoor Plants - Primary Caregivers. A primary caregiver may possess a maximum of twenty-four unharvested marijuana plants growing in an area of no more than 64 square feet for each qualified patient for whom the individual serves as a primary caregiver, not to exceed a total of ninety-nine plants, or an amount consistent with the recommendation of the physician or physicians, whichever is less. 5. Outdoor/Greenhouse Plants [optional]. No unsupervised outdoor marijuana cultivation shall be permitted. Growing marijuana shall only be permitted in a fully enclosed yard with a minimum six-foot fence perimeter and in a greenhouse or structure that must be locked and contained. The amount of marijuana grown in the enclosed yard with a minimum six-foot fence perimeter and greenhouses or structures that are locked and contained shall not exceed the permissible amounts for indoor plants according to this Section. C. State Identification Card Holders: Permissible Amounts of Marijuana [Option 2 based on State minimum levels] A person in possession of a current and valid state identification card and who is within the jurisdictional limits of the City, is not subject to arrest for possession of marijuana, or detention by law enforcement longer than necessary to verify his or her status, or seizure by law enforcement of marijuana in his or her possession, if the amount of marijuana possessed is within the following limits: 1. Processed Marijuana - Qualified Patients. An individual who is a qualified patient may possess the total amount of processed marijuana, regardless of growing method, recommended by his or her physician for the length of time recommended by the physician, not to exceed eight ounces, or an amount consistent with the physician's recommendation, whichever is more. 2. Processed Marijuana - Primary Caregivers. An individual who is a primary caregiver may possess processed marijuana not to exceed eight ounces for each qualified patient for whom the individual serves as a verified primary caregiver, or an amount consistent with the physician's recommendation, whichever is more, except that such amount shall not exceed a total of two pounds. _l door. lants-a-Qualified-Patients. - -A qualified -pate nt-maypessoss six mature or 12 immature marijuana plants, or an amount consistent with the physician's recommendation, whichever is more. 4. Indoor Plants - Primary Caregivers. A primary caregiver may possess six mature or 12 immature marijuana plants for each qualified patient for whom the individual serves as a primary caregiver, or an amount consistent with the recommendation of the physician or physicians, whichever is more. 5. Outdoor/Greenhouse Plants [optional]. No unsupervised outdoor marijuana cultivation shall be permitted. Growing :marijuana shall only be permitted in a fully Ordinance No. 2015- 4 Medical Marijuana Cultivation Adding NCMC Section 18.30.345 115 enclosed yard with a minimum six-foot fence perimeter and in a greenhouse or structure that must be locked and contained. The amount of marijuana grown in the enclosed yard with a minimum six-foot fence perimeter and greenhouses or structures that are locked and contained shall not exceed the permissible amounts for indoor plants according to this Section. C. State Identification Card Holders: Permissible Amounts of Marijuana [Option 3 — based on State maximum for exemption from State licensing requirement] A person in possession of a current and valid state identification card and who is within the jurisdictional limits of the City, is not subject to arrest for possession of marijuana, or detention by law enforcement longer than necessary to verify his or her status, or seizure by law enforcement of marijuana in his or her possession, if the amount of marijuana possessed is within the following limits: 1. Processed Marijuana - Qualified Patients. An individual who is a qualified patient may possess the total amount of processed marijuana, regardless of growing method, recommended by his or her physician for the length of time recommended by the physician, not to exceed one pound, or an amount consistent with the physician's recommendation, whichever is Tess. 2. Processed Marijuana - Primary Caregivers. An individual who is a primary caregiver may possess processed marijuana not to exceed one pound for each qualified patient for whom the individual serves as a verified primary caregiver, or an amount consistent with the recommendation of the physician or physicians, whichever is less, except that such amount shall not exceed a total of two pounds. 3. Indoor Plants - Qualified Patients. A qualified patient may cultivate marijuana plants in an area not to exceed 100 square feet provided he or she cultivates marijuana for his or her personal medical use and does not sell, distribute, donate or provide marijuana to any other person or entity, or an amount consistent with the physician's recommendation, whichever is less. 4. Indoor Plants = Primary Caregivers. A primary caregiver may cultivate marijuana plants in an area of not to exceed 500 square feet provided he or she cultivates marijuana exclusively for the personal medical use of no more than five specified qualified patients for whom he or she is the primary caregiver within the meaning of Health & Safety Code Section 11362.7 and does not receive remuneration for these activities, except for compensation provided in full compliance with Health & Safety Code Section 11362.765(c). 5. Outdoor/Greenhouse Plants [optional]. No unsupervised outdoor marijuana cultivation shall be permitted. Growing marijuana shall only be permitted in a fully -enclosed yafd-with -a- minimum -six --foot fence perimeter-and-in--a-greenhouse-or- traaetur -that must be locked and contained. The amount of marijuana grown in the enclosed yard with a minimum six-foot fence perimeter and greenhouses or structures that are locked and contained shall not exceed the permissible amounts for indoor plants according to this Section. D. Locations for Cultivation 1. A qualified patient may cultivate medical marijuana in the amounts allowed under subsection C herein only in a legal residential unit in any residential or mixed use zone. Ordinance No. 2015- Adding NCMC Section 18.30.345 5 Medical Marijuana Cultivation 116 2. A primary caregiver may cultivate medical marijuana in the amounts allowed under subsection C herein in a legal residential unit in any residential or mixed use zone and in the Light Industrial ("IL") zone. 3. A qualified patient or primary caregiver may cultivate medical marijuana outdoors pursuant to subsection (C)(5) only in zones RS-1 and RS-2. [optional] 4. From the public right-of-way, there shall be no visual evidence of cultivation of the marijuana. [optional) E. Conditional Use Permit. [Option 1—Primary Caregivers who exceed limits in subsection C] A primary caregiver may exceed the permissible medical marijuana activity allowed under subsections (C)(2) and (C)(4) in the IL zone only, but prior to doing so must obtain annually a conditional use permit from the City pursuant to National City Municipal Code Section 18.12.110, which permit conditions shall not be less stringent than the California Department of Food and Agriculture's licensing requirements for the cultivation of medical marijuana established pursuant to Health & Safety Code Section 11362.777. It is unlawful for any cultivation under CUP to be outdoors, and it is unlawful for any discharge from the cultivation to enter the City's storm drain system. E. Conditional Use Permit. [Option 2—Any Cultivation subsection C] A primary caregiver or qualified patient may cultivate medical marijuana under subsection (C), or a primary caregiver may exceed the permissible medical marijuana activity allowed under subsections (C)(2) and (C)(4) in the IL zone only, but prior to doing so must obtain annually a conditional use permit from the City pursuant to National City Municipal Code Section 18.12.110, which permit conditions shall not be less stringent than the California Department of Food and Agriculture's licensing requirements for the cultivation of medical marijuana established pursuant to Health & Safety Code Section 11362.777. It is unlawful for any cultivation under CUP to be outdoors, and it is unlawful for any discharge from the cultivation to enter the City's storm drain system. i-. Violation — Penalty 1. Unless otherwise provided, any person who violates any provision of this Section or fails to comply with any requirement thereof shall be guilty of a misdemeanor and shall be punished, cited, or penalized as provided in Title 1 of the National City Municipal Code. 2. Each day or portion thereof that a violation of this Section exists shall eons-titute--a-separate-vielation. - — — 3. Each violation of this Section shall constitute a public nuisance. Section 2. The City Council finds that this Ordinance is exempt from the provisions of the California Environmental Quality Act (°CEQA') pursuant to Section 15061(b)(3) because there is no possibility that the activity in question may have a significant effect on the environment. Section 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Chapter, or its application to any person or circumstance, is for any Ordinance No. 2015- 6 Medical Marijuana Cultivation Adding NCMC Section 18.30.345 117 reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Chapter, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. EFFECTIVE DATE: This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk of the City of National City shall cause this Ordinance to be published pursuant to the provisions of Government Code Section 36933. INTRODUCED at a regular meeting of the City Council of the City of National, California held on the day of 2015, and thereafter, PASSED, APPROVED and ADOPTED this day of , 2015. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Ordinance No. 2015- Adding NCMC Section 18.30.345 Ron Morrison, Mayor 7 Medical Marijuana Cultivation 118 HE CHAMBER I suompv November 23, 2015 National City Planning Commission City of National City 12.43 National City Blvd. National City, CA 91950 Ca Mayor and City Coundl To Whom H May Concern: 901 National City Boulevard National City, CA 91950-3203 Business: 619 477-9339 Fax: 619 477-5018 Web site: www.nationafcItychamberarg The National City Chamber of Commerce supports the elty's efforts to address the zoning and regulation of cultivation, distribution, and delivery of medical marijuana in the Clty of National City. The medical marijuana industry is a growing economic, healthcare, and public safety policy Issue that is rapidly evolving. We encourage National City's leaders to maintain tight supervision and remain engaged in the polity development discussion to assure that our community remains competitive In future opportunities that may benefit our residents. Our Board of Directors feel that we must preserve the City's right to regulate the cultivation, distribution, and delivery of medical marijuana. Imposing a permanent prohibition can be cumbersome to lift at a future time. As state and federal laws develop, the city would benefit by being in a position to react swiftly to address local concerns and take advantage of market conditions and public health developments. The City of San Diego may serve as a model to demonstrate the benefits of local regulation versus prohibition. Since the adoption of medical marijuana regulations for dispensaries, the city has gained new revenue and community benefits, and the business community has experienced market growth. implementing strict regulations has resulted in responsible licensed operators, no major public safety issues, and stringent accountability measures that protect the city and its residents. Moreover, there are nine jurisdictions in tine state of California that have adopted ordinances that include cultivation regulation for the City to review. There is precedent for responsible regulation that National City may follow. And, resources are available to craft a comprehensive rr.edlcaI marijuana cultivation ordinance in a timely manner before the March 2016 state deadline. The National Clty Chamber of Commerce remains committed to ensure that our members benefit ;roin loaf, state, and federal regulations, and protect the economic Interests of our membership. We strive to improve the quality of life of ' mmunity a espernsiblevevern a onti-voppart-this-CitireV61Wron as a proaarre pilacyni ker. We support the National City Planning Commission's request for staff to pursue regulation of medical marijuana cultivation. We thank you far your time and consideration in assessing this Issue carefully. SI Iy. Jacque ine lteynoso President/ CEO 119 From: Seat: To: Subject: Michael-Mossbarger <expressfund@gmaiLcom> Monday, November 23, 2015 1:12 PM Denise Davis Attn: Planning Commission, Fwd: Safe Access to Medical Cannabis Hello Denise, Can you please make sure all members of the Planning Commission get a copy of this letter before tonight's meeting? It can be made public. Please let me know if anything is needed from me to facilitate. Best, Mike Mossbarger 619.794.6677 mobile Forwarded message ---------- From: Michael Mossbarger <expressfund®gmail,com> Date: Fri, Nov 20, 2015 at 1:41 PM Subject: Safe Access to Medical Cannabis To: Morrison ationalcitycaaov Cc: cynara@acannabisprofessionals.org, ilegalsmile@Jiotmail.com, dr,d.blair®gmail.com Hi Mayor Morrison, I wanted to reach out to you to let you know how I feel about medical marijuana (cannabis) as a resident and home owner here in National City. I am a positive member of our community: I'm a former Nuclear Electrician in the US Navy with high level security clearances; I hold a BA in Finance and am working on a master's degree; am a 3-time business owner and dedicated entrepreneur; serve as President of my home owner's association and volunteer as a small business counselor in addition to many other non-profit activities; I have served as an adviser to national and international bodies o3 cyber security, and have personally visited and advised decision -makers in the DoD and DoT in Washington DC; and am father of two boys in the National School District and husband of 13 years. I call National City home and am dedicated to making it a great place.... Hove it here! -I-feel strongly that its vital for iationa1=City to bracethe oven nttoward afe access to medial cannabis. This means regulation and taxation - not prohibition! I say this from the standpoint of a businessman as much as from the standpoint of an anti -prohibitionist. The end to prohibition is here - it is fact, it is a reality. The people of California have passed.anti-prohibition measures by popular vote and more recently the legislature and governor of California have embraces legalization and passes regulatory measures just this year. San Diego has licensed dispensaries. It is important that we acknowledge that there is no longer a question of legalization - it is here regardless of our own personal .feelings on the topic. The reality is that people in National City will continue to use medical cannabis in large and ever increasing numbers as is their right under the law: 120 The cpestion:13efvt a National city is what will we db in the facedelis new reality of legali tion? 4: National City has the o iporiwity to show leadership in San Diego county and join the City of Saigt Diego in regulating -an allowing legitimate actors in fills new in dnsty. Embracing and regulating medical cannabis will bring massive amounts of tax revenue to the city; wil fill vacancies in retail and commercial real estate; will create jobs for service workers and agricultural worker in the city that often pay more than they could earn in other industries; and will draw visitors from affluent communities {that.heve riftwiRpaybanneddispensariesand ' tee#o_ spend money and pay taxes, Perhaps most importantly regulation and licensing ing of cannabis facilities and businesses will end the horribly detrimental effect that prohibition has had on our city and will allow ill patients that desperately need access to their medications the safe and legitimate access they deserve. On the other hand If National City caves to fear and chooses to ban tills industry from the city thenit will have the opposite effect - residents of our city will be forced to spend their money in other cities, giving these cities tax revenue that should rightfully be National City's. Such an unwise move would also deny residents safe access to their treatment as is their right under California law, and perhaps worse would impose an invisible tax on National City patients who would have to travel longer distances to get their medication. There are many people in National City that feel passionately about having safe access to their medications who will support regulation and safe access in National City; I am one of these people! It is irresponsible and distasteful to me that any body or individual that serves our community to oppose safe access which the voters have passed. I ask you to learn as much as you can about this safe, legitimate medical substance as well as the businesses that have acted in good faith and with integrity to follow the law in offering cannabis to the patients that need it. There is precedent for regulation and clear road maps our legislators can follow. This is a big opportunity for National City! I have already appeared at meetings of the Planning Commission and will continue to do so, and I am committed to helping our community better understand this important issue. I was especially disappointed that City Staff recently chose to ignore the Commission's direction to provide advisement on regulation, and chose instead to waste the commission's time as well as the time of attendees by again pushing a prohibition -only agenda. Shame on them! I'd love to speak with you if you can fit in a little time in your busy schedule. Additionally - Happy Holidays to you and yours! Best, Best, Mike Mossbarger 61q-794-667 mobile IMPORTANT NOTICE: This e-mail message is intended to be received only by persons entitled to receive the confidential information it may contain. E-mail messages originating from (or sent by) expressfund@glnail.com may contain information that is confidential and may be legally privileged. 2 121 Best, Mike Mossbarger IMPORTANT NOTICE: This e-mail message is intended to be received only by persons entitled to receive the confidential information it may contain. E-mail messages originating from (or sent by) expressThnd(u,gmail.com may contain information that is confidential and may be legally privileged. 3 122 Provable Facts about Cannabis (Marijuana) Addiedtm.and 4hea Cannabis (marijuana) has a lower risk of abuse than cow and alcohol. Assertions cannabis is an addictive substance are unfounded in fact unless the discussion is in relation to substances like coffee. 1. According to a 1994 study by the National Institute on Drug Abuse cannabis (marijuana) abuse/addiction risk ranked about 9% versus coffee at 11%, alcohol at 15%, cocaine at 17%, heroine at 23%, and nicotine (tobacco) at 32%. (Anthony, 1994) 2. The 2013 National Survey on Drug Use and Health, a study conducted by the federal government, found that an individual only 2.6 percent of those who try it when they're at least 18 are at risk for abusing the drug. This number is higher for youths at 11.5% showing that regulation based on age is important to lowers risk to an insignificant level. Cannabis as Medicine Medical experts all around the country have confirmed Ibe multitude of medicinal benefits of cannabis, possible most notably CNN's chief medical. correspondent Sanjay Gupta. Any assertion that cannabis has little or no medicinal value is absurd. There is a mountain of evidence; for a great listing visit Business Insider's website at http:!/w wbursinessinsader.com/health-besrefits-of-mediealama 2Q14.4. Crhne Numerous studies have evidenced that "the sky has not fallen" as predicted by law enforcement when it comes to crime and legalization of cannabis. 123 1. A 2014 nationwide study showed legalization of cannabis did not correlate with an increase in crime but may actually be correlated with a reduction in homicide and assault rates. (Morris, 2014) 2. A 2011 UCLA study of Los Angeles dispensaries showed no correlation between dispensaries and violent crime. (Kepple, 2012) 3. Since Colorado legalized cannabis for recreational use beginning in January 2014 the one year anniversary of this legalization showed a decrease in violent crimes in the state following a similar trend in 2013. In other words, legalizing cannabis has shown no increase in violent crime; traffic fatalities were down in the same period as well. 4. As reported in the Washington Post, decriminalization of cannabis in California has been extraordinary positive when taken as a whole as can be seen in the following table based on research by the Center for Juvenile and Criminal Justice (Males, 2014): Index Year before Year after (2010) (2011) 2 years after Change (2012) Violent Deaths California Rest of US Drug Overdose California Deaths Rest of US California Rest of US California Rest of US rug a rresfs�' California Rest of U5 Property crime California arrests Rest of US California Rest of US School dropout California rate Rest of US Suicide Criminal Arrest DWI, marijuana** 28.5 38.3 3.0 3.9 5.3 7.8 9,505.3 14,711.1 71-874, 2,013,7 2,272.1 3,229.1 0.289 0.119 14.7% N/A 27.4 37.9 2.4 4.0 5.8 8.7 7,712.0 13,572.8 24.7 N/A 2.3 N/A 4.6 N/A 6,612.2 11,908.0 593.8 - _ _..-5516- 1,794.0 1,996.1 3,045.4 0.240 0.131 13.1% N/A 1,734.4 1,708.0 2,784.4 0.282 0.129 11.4% N/A -4% -1 % -20% 4% 9% 11% -30% -19% -14% -25% -14% -3% +9% -22% 124 References 1. Anthony, J., Warner, L., Kessler, R. (1994). National Institute for Drug Abuse. Comparative Epidemiology of Dependence on Tobacco, Alcohol, Controlled Substances, and Inhalants: Basic Findings From the National Comorbidity Survey 2. Kepple, NJ. & Freisthler, B. (2012). Exploring the ecological association between crime and medical marijuana dispensaries. Jounzal of Studies on Alcohol and Drugs, 73, 523-530. 3. Males, M. (2014). Reforming Marijuana Laws: Which Approach Best Reduces the Harms of Cation. Center on Juvenile and Criminal Justice. 4. Morris RG., TenEyck M_, Barnes J.C., Kovandzic T.V. (2014). The Effect of Medical Marijuana Laws on Crime: Evidence from State Panel Data, 1990-2006. PLoS ONE 9(3): e92816. doi.10.13711journal.pone.0092816 125 Dr David R. Blair's Responses to Planning Commission's Staff Report 11 /23/2015 Don't we want to help the sick and in -firmed in our community? Of course we should. In response to staff recommendations; we are not asking the City to open a dispensary. We are asking the city to grow and not dispense. Please try to remember the attempts to prohibit alcohol in the last century. The prohibition was a miserable failure. The example parallels the City's attempt to prohibit medical cannabis. Prohibition does not work for those ID with cancer, HIV/AIDS, seizure disorder, severe pain, and a number of other illnesses. Change is happening all around us, and those of us who suffer from illnesses that effect our lives, we we need to embrace the change that began nearly 20 years ago in the State of California. With four (4) grow cycles a year, we will be paying National City between $32M to $35M each year. Think what improvements can be imagined with a steady revenue source such as this. When thinking about the City of San Diego, they are already surrounding National City with safe access to those in need, and we were the first to be selected by San Diego DSD staff. The reason, we exceeded what the City asked of us. National City already has Caregivers and ill patients in accordance with California laws established nearly 20 years ago. We can either stick our heads in the sand and hope dearly that change does not occur around us, or we can embrace change and make certain the change is controlled and closely regulated. Other than death, the only thing we can always count on is change. Republicans, Independents and Democrats support the use of medical cannabis. This is no longer a political fight/ Insufficient time is not the answer. Staff could reach out to other cities with ordinances already in place and make the appropriate changes to align with National City's values. Instead of throwing our hands in the air and using the excuse of not having enough time to complete the task, local and state organizations are available and willing to help. We frail ie=Wilted P ients' A ance1iere IrtSan Diege=County nd-there 1s fOalift�rni Cannabis Industry Association waiting to help the City in developing a rapid and City appropriate ordinances and regulations. Not having enough time to complete the task is not accurate. The very same recommendations were made by me to City staff. Growing cannabis indoors within an unmarked facility will not increase crime in the area. We use armed guards to secure our facility in Otay Mesa, and the same would hold true. Unfortunately, the National City Police force has provided you with outdated and misinformation. When a guard is present, the entire area is safer than it was before we 126 opened our doors in Otay Mesa. We would welcome a visit to our shop to show you our shining example of helping thousands of ill people seeking relief from a natural growing plant, as well as many other medication resources we offer to the sick and in -firmed, many coming for relief and healing. We welcome opening up our doors for City inspection as open as the police department wishes. We have nothing to hide. Today, we have many mechanical systems available to cleanse the air that outflows from our facility so no one will notice any hint that medical cannabis is being grown at the site. City staff is right on and correct in it's CEQA assessment. "There is no possibility that the activity in question have a significant impact on the environment". The four (4) points that staff has provided the Commission under Recommended Findings for approval of Amendment to Title 18 (Zoning) are spot on. 1. Cultivation is in the public interest and consistent with California Health and Safety Code section 11362.5, the Compassionate use act, and 11362.7-11362.83 written and passed to "protect the public health, safety, and welfare. 2. We fully recognize a peace officer's judgement and discretion in viewing our site at any time, and we will gladly open our doors for any peace officer. 3. Cultivation is in the public's best interests because the regulations will adhere to the rights that qualified patients and caregivers are authorized by the State's health and safety codes, as well as the State's new trio of laws including AB 266, AB 243 and AB 643. 4. We are not requesting the authorization to sell or distribute from National City. Nothing precludes us from cultivation by highly trained and seasoned master growers. 127 MEDICAL MARIJUANA CULTIVATION ORDINANCE WHEREAS, in 1996 the people of the State of California passed Proposition 215, the Compassionate Use Act, that allows the use of marijuana for medical purposes when recommended by a physician and excludes from criminal prosecution the patient and the primary caregiver, as defined; and WHEREAS, in 2003, the State of California enacted Senate Bill 420, the Medical Marijuana Program Act (MMPA), which established requirements for the issuance of voluntary identification cards; provided a defense to criminal charges related to the cultivation, possession, sale, or storage of medical marijuana; prohibited the distribution of marijuana for profit; exempted from prosecution qualified patients and designated primary caregivers who associate to collectively or cooperatively cultivate marijuana for medical purposes; required the Attorney General to issue guidelines for the security and non -diversion of medical marijuana; and allowed cities to adopt and enforce laws consistent with the MMPA; and WHEREAS, in 2015, the State of California enacted Senate Bill 643, Assembly Bill 266, and Assembly Bill 243, establish a comprehensive regulatory framework for the production, transportation, and sale of medical marijuana. WHEREAS, under federal law, the possession, transfer, or sale of marijuana remains a criminal act; and WHEREAS, all powers not delegated by the United States Constitution to the United States nor prohibited by it to the states are reserved to the states or the people, pursuant to the Tenth Amendment of the United States Constitution; and WHEREAS, in the State of California, zoning is a local matter exercised by the cities pursuant to the police powers set forth in article XI, section 7 of the California Constitution; and WHEREAS, the City Council now desires to exercise its police powers solely to provide for the zoning of medical marijuana enterprises in such a manner as to limit the impact on the City generally and residential neighborhoods in particular; NOW, THEREFORE, BE IT ORDAINED, by the Council oldie City of National City as follows: Section 1. Definitions Medical Marijuana Cultivation Ordinance Page 2 of 5 "Qualified Patient" as defined in the California Health and Safety Code, Section 11362.7. "Premise" is defined to mean the legal parcel(s) of land and the improvements on it, including building(s), store(s), shop(s), apartment(s), or other designated structure. "Dispensary" is defined to mean a physical retail establishment where medical cannabis, medical cannabis products, or devices for the use of medical cannabis or medical cannabis products are offered, either individually or in any combination, for retail sale, to Qualified Patients and their Primary Caregivers, including an establishment that delivers medical cannabis and medical cannabis products as part of a retail sale. "Cultivation" is defined to mean any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis. "Cultivation Site" is defined to mean the physical location where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed. "Cultivator" is defined to mean the organization holding the Conditional Use Permit for cultivation activity at a location authorized by the City. "Plant Canopy" is defined to mean the amount of cannabis that can be grown which is the aggregate area of vegetative growth of live marijuana plants. "Small Specialty Indoor Cultivation" is defined to mean cultivation in compliance with the regulations for a Cultivation License Type 1 A (.Malty Indoor Licc ), as defined in the California Health and Safety Code Section 11362.777, meeting the requirements to qualify for a state issued license. "Nursery Cultivation" is defined to mean cultivation in compliance with the regulations for a State Cultivation License Type 4 (Nursery License), as defined in the California Health and Safety Code Section 11362.777, meeting the require er_ts to quahf fgr &sta istaurLeultivatioa license oETypn4 Section 2. Personal Use Cultivation Medical Marijuana Cultivation Ordinance Page 2 of 5 In accordance with California Health and Safety Code section 1362.777, a qualified patient may cultivate medical marijuana for thew own personal use, at the rpiace of residence, in an indoor area that does not exceed 100 square feet. A qualified patient may only cultivate marijuana for his or her personal medical use and may not sell, distribute, donate, or provide marijuana to any other person or entity. landlords and building owners may limit or prohibit personal cultivation on the premise. Section 3. Commercial Cultivation Cultivation Sites are prohibited in residential, commercial, mixed -use and agricultural zones. Cultivation Sites may be permitted with a Conditional Use Permit in flndustnal Zonesi subject to the following regulations: a) All cultivation must occur on the interior of a building using exclusively artificial lighting. b) Conditional Use Permit may be issued for Small Specialty Indoor Cultivation or Nursery Cultivation., _all other cultivation is strictly prohibited. A Conditional Use Permit applicant must specify whether the applicant will be cultivating Small Specialty Indoor Cultivation or Nursery Cultivation on site. Only one cultivation type will be permitted per location. Any cultivation must conform to the plant canopy and other limits set forth by the applicable California State License Category for the cultivation site. c) Plants may only be cultivated in response to a pre-existing purchasing agreement with a licensed dispensary or distributor. For each plant, the cultivator must be able to show an active purchase order requiting this plant from a licensed dispensary or distributor. The dispensary or distributor with which a cultivator has a purchase agreement must be licensed by a municipal or county jurisdiction within the state of California. a) A unique identifier shall be attached at the base of each plant. A unique identifier, such as, but not limited to, a zip tie, shall be issued for each medical marijuana plant. This unique identifier shall identify the dispensary or distributor for which the plant is being grown, as well as a Medical Marijuana Cultivation Ordinance Page 3 of 5 Commented Pin fnumeratexoneafiere Cormnantad [CV2] tIoenamgtypeallowed,plain and canopy I nas 130 unique id assigned to the individual plant. Records of plants, as identified by their unique ideutiiers, and their associated dispensary or dictrilxrtor must be kept by the cultivator, and must be made available to City auditors Von request. . d) tleourtty shall be provided at the crdhvation site which .shall include operable cameras, alarm s, and a seem* nt r. guard The seetuitg gnaad $half be keened by the $rate et -California and be prosent e® the PM/We. e) From a public right of way, there shall be no visual evidence of cultivation either within or outside the facility. Adverse impacts of cultivation shall be mitigated so that a "public nuisance" (as defined by California Civil Code Section 3480) does not exist, including but not limited to adverse .impacts of dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, ar the use or storage of hazardous materials, processes, products or wastes. f) No external signage shall be allowed. g) Ilo public access of sates ahsi be alb on the prise, 0143e emPbciYees and contractors authorized by the culttvoatormay bepresent on the premise. h) All employees of the organization to which the Conditional Use Permit is issued shall be subject to a background check. Any person who has been convicted of a felony may not be employed by cultivator. i) The City encourages cultivators to operate in an environmentally sustainable manner. Preference will be given to applicant for Conditional Use Permits who show their commitment to environmentally sustainable practices including building LEED certification and adoption of SPA WaterSense identified water saving technologies. j) To discourage theft and vandalism, the City will not publish, or provide to the general public, the exact addresses of cultivation sites. Other aggregate infomxation regarding conditional use permits for cultivation including, but not limited to, number of permits issued, districts where said.permits.were issued, and the -.organizations to whom sucape. were issued shall be available upon request. Medical Marijuana Cultivation Ordinance Page 4 of 5 Comtneoted PM: Safety regul.aorw fCommented ICV41q Ne public accent to cultivation sites 131 k) Applicants for Conditional Use Permit for cultivation must provide written proof that the building owner and management condone cultivation activity on the premise. 1) k Copditional Use Permit for cultivation site may be revoked or suspended due to legitimate smell complaints, noise complaints, upon City confirmation of the smell or nose nuisance, or non-compliance with the regulations let forth in this ordinance. . m) trhe City has may establish a set application fee for a Conditional LJse P &Mit for a cultivation site and, as well as set annual fee for maintaining the cultivation sue Conditional Use Permit Such fees shall be established by the City planning department. 1.. . Section 6. That a full reading of this ordinance is dispensed with prior to its passage, a written or printed copy having been available to the City Council and the public prior to the day of its passage. Section 7. That this ordinance shall take effect and be in force on the thirtieth day from and after its final passage, except that the provisions of this ordinance applicable inside the Coastal Overlay Zone, which are subject to California Coastal Commission jurisdiction as a City of Local Coastal Program amendment, shall not take effect until the date the California Coastal Commission unconditionally certifies those provisions as a local coastal program amendment. Medical Marijuana Cultivation Ordinance Page 5 of 5 CCommlionipd [CVslt is nd thus to smoke epetmrt rented[CV ratabllslt;afee structure 132 Denise Davis From: Roberto Garcia Ozua <roberto.garcia.ozua@gmail.com> Sent Monday, November 23, 2015 3:43 PM To: Denise Davis Cc Ditas Yamane; George Baca (gbaca1962@yahoo.com); Marcus Bush (mbush619 @yahoo.com); Ai Alvarado (alvaradorosalie@gmail.com); Dolores Flores (dol res.rn f!ores@sbcglobal.net); suhiaium; ;@yahoo.c om; Martin Reeder, Ray Pe; Brad Rauiston; Claudia Silva; Michael Fellows Subject: Re: FW: Attn: Planning Commission, Fwd: Safe Access to Medical Cannabis Hi, A local National City resident also provided me this link when asked his thoughts on this matter: http: / /www. attn.com/stories/4026/colorado-marijuana- revenue?utm_source=dai lvdot&utm_medium=f bpostFtutmcampaien=syndication There are multiple ways in which revenue can be used for specific initiatives. Thank you, RC On Mon, Nov 23, 2015 at 2:07 PM, Denise Davis <d.davis@nationalcityca.gov> wrote: Good afternoon Planning Commissioners, 1 am forwarding an email letter received today in regards to the PC meeting to be held this evening. Sincerely, Denise From: Michael Mossbarger tmailto:expressfund@smail.com] Sent: Monday, November 23, 2015 1:12 PM To: Denise Davis <.ddavis@nationalcitvca.sov> Subject: Attn: Planning Commission, Fwd: Safe Access to Medical Cannabis Hello Denise, 133 1 11 Things Colorado Can Now Fund Thanks to Legal Marijuana NOVEMBER 5TH 2015 By: Kyle Jaeger@KYLEJAEGER ShareTweetMailSMS On Election Day, Colorado voters had to decide whether they wanted $66mi.11ion in marijuana tax revenue to be returned to taxpayers and pot growers or let the state distribute the money for public services. With almost 70 percent of the vote, residents chose to give the money to the state. That means that revenue from marijuana sales will go toward funding educational programs, school construction, and various other services in Colorado that voters evidently prioritize. RELATED: Colorado is Making Way More on Marijuana Than They Thought Colorado legalized recreational marijuana in 2012, and the system has proved so popular that the state brought in more than $100 million in pot tax revenue in August alone. There's a ten percent sales tax and 15 percent excise tax on recreational pot, but an accounting error almost forced the state to return that revenue, the Associated Press reported. So lawmakers crafted Proposition BB, a measure that let the voters decide for themselves at the polls. Here are 11 ways the state will use the $66 million in marijuana tax revenue. 1. $40 million for school construction. 2. $2.5 million for marijuana education and prevention campaigns. 134 WIKIMEDIA 3. $2 million for bullying prevention school grants. WIKIMEDIA 4. $2 million for drop -out prevention school grants. MATRIX NAVIGATION -o $2 milli -oh for youth nientofing services. 135 6. $1 million for poison control centers. POISON iie7<p 1-800-222-1222 AAPCC 7. $1 million for local government marijuana impact grants. !MEDIA 8. $500,000 for substance abuse screening, intervention, and referral. 9. $500,000 for substance abuse treatment. 10. $300,000 for Future Farmers of America and 4-H programs at the State Fair. WIKIMEDlA 1 1. $200,000 for roadside impaired -driving enforcement training for peace officers RELATED: in One Year, Here's How Much Money WA State Has Made Since Legalizing Pot Because the state made way more than lawmakers had anticipated, there is an additional $8 million in marijuana revenue that has yet to be allocated. "The measure's main author, Democratic state Sen. Pat Steadman, said the $8 million will go to the Marijuana Tax Cash Fund, which can be used for numerous educational and anti -drug efforts," the AP reported. Share your opinion Would your state be better off if it had marijuana tax money rolling in? Would your state be better off if it had marijuanA tax money rolling in?0 Yes' No Rnter your email address and we will let you know the results. The AuthorKyle Jaeger Kyle Jaeger is a Los Angeles based reporter for A f T N:. He's formerly written for VICE, The Hollywood Reporter, and The Morning News, among other publications. @KYLEJAEGER Featured Image:Wikimedia Commons/W. Wayne Marlow NOVEMBER 5TH 2015 By: Kyle Jaeger©KYLEJAEGER ShareTweetMailSMS 137 Denise Davis From: Sent: To: Subject: Attachments: outlook_ed7d1a76c94e3170@outlook.com on behalf of Cynara Velazquez <cynara@communityengagementresources.com> Monday, November 23, 2015 10:07 AM Denise Davis; Marcus Bush Re: Response to Staff Report related to Medical Marijuana Cultivation Ordinance Arcata_Cultivation_Ordinance.pdf; City_of_Napa_Dispensary_w_Cultivation.pdf; City_of_Tu lare_Dispensary_Ordinance.pdf; Clearlake_Dispensary_Ordinance_W_Cultivation.pdf; Eureka_Cultivation_Regulation.pdf; Fairfax_Dispensary_w_Cultivation.pdf; Richmond2.pdf; San_Carlos.pdf; S a nta_Cruz_C ity2.pdf Dear Planning Commission, Attached are a sample of ordinances from other jurisdictions that address cultivation. Please note that most of these ordinances are focused primarily on dispensaries and to a lesser extent on cultivation regulation, since prior to October of this year the state had not yet set up licensing categories for cultivation, therefore, municipalities had less incentive to regulate this use. That said, the ordinances attached do clearly address the relevant cultivation regulation components - zoning, plant limits, patient and building requirements, safety requirements, etc.. I hope this will give guidance to city staff and the planning commission in your investigations into cultivation regulation.. Regards, Cynara Velazquez Association of Cannabis Professionals 619-208-0567 On Fri, Nov 20, 2015 at 4:33 PM, Cynara Velazquez<cynara@cannabisprofessionals.org> wrote: Dear Planning Commission, We were extremely disappointed to receive the Staff Report prepared for the discussion related to a medical marijuana cuitivation. regulation. Staff clearly, and completely, disregarded the directive of the planning commission to prepare language for the regulation of medical marijuana cultivation, choosing instead to present only a ban alternative, in disregard of the task they had been assigned. We would both like to dispute the findings of this report and present a regulation proposal, in order to fulfill the clearly stated desire of the planning commission to have a regulatory option. 1 138 Please note that we reached out to city staff offering guidance and input in the crafting of a regulatory proposal, we were happy to provide sample language and guidance. We did not receive a response from staff. Dr. Blair, at a Green Alternative, has communicated to us that staff did solicit his input regarding regulation, however, he directed staff to contact myself, Cynara Velazquez. No contact was ever made. Staff cites other regulation in San Diego County - two ban ordinances and the dispensary ordinance in San Diego City, noting that none contain guidance on cultivation. That said, there are medical marijuana ordinances already in place in multiple municipalities around the state that do address cultivation. We have attached ordinances from 9 jurisdictions that include cultivation regulation to this message, for the planning commissions reviow. Staff has also argued tnat prohibiting now would not exclude National City from creating regulatory language in the future. However, adding prohibition language to the code will set a clear precedent for prohibition. Indeed, staff has argued that the reason for the preference for prohibition for cultivation is based on the existing prohibition for store front dispensaries. We find this argument to be disingenuous, because existing code (shown below), says nothing related to cultivation, and is clearly specific to dispensing. Indeed, the argument is often made that storefront dispensaries are not necessary, since other options for access exist. Therefore, a prohibition of storefront dispensaries does not necessarily indicate any city direction on other forms of access. Here is the current code in the National City municipal code, related to medical marijuana dispensaries. National City Municipal Code 18.30.340 Q MEDICAL MARIJUANA DISPENSARIES A. Prohibition 1. Medical Marijuana Dispensaries are prohibited. B. Definitions 1. For purposes of this section, Medical Marijuana Dispensary" shall mean a facility where marijuana is made available for medical purposes in accordance with Section 11362.5 of the California Health and Safety Code. 2. For purposes of this section, 'Marijuana" shall have the same meaning as the definition of that word in Section 11018 of the California Health and Safety Code. Response to Findings of Staff Report We fully dispute the findings contained in the staff report. Our response to the findings is as follows: 2 139 Finding 1. That the proposed amendment is in the public interest because it retains local land use authority by the City; and local land use should remain with the City, because the City should retain its legislative function to determine what uses are most appropriate within its jurisdiction. Response: The City may have greater land use authority related to medical marijuana cultivation if it were to pass regulations by March 2016, since the state has given this deadline as to when it will enact criteria for cultivation in jurisdictions that do not yet have an ordinance. That said, there is nothing in this regulation deadline that suggests that municipalities should ban instead of regulate. Finding 2: The compressed time frame from the State ot California to enact an ordinance so that the City can continue local land use control over cultivation does not provide sufficient time to fully research and analyze the issues regarding allowing cultivation in the City; and prohibition of cultivation preserves local land use control while allowing for a subsequent amendment establishing regulation over cultivation at a later date, if so desired. Response: We believe that City staff is fully capable of creating a land use proposal in a timely manner. To further this objective, we are providing sample legislation and guidance along with this document, along with examples of ordinances from other municipalities. We believe that whatever legislation regarding medical marijuana cultivation is passed now will set a clear precedent, therefore it is important that such legislation is compatible with the intent of the planning commission and the city council. A ban ordinance may not be compatible with this intent. Finding 3. The compressed time frame from the State ot Calitornia to enact an ordinance so that the City can continue local land use control over cultivation does not provide sufficient time to fully research and analyze the issues regarding allowing cultivation in the City; and prohibition of cultivation preserves local land use control while allowing for a subsequent amendment establishing regulation over cultivation at a later date, if so desired. Response: We do not believe that it is beyond the ability of National City staff to craft a regulatory proposal in a timely manner. To assist in this effort, we have outlined, below, the components of comprehensive cultivation regulation. These components - zoning, limits, safety measures and fees are standard components to regulating any use, and therefore, should not be beyond the means of city staff -to co-ntemplate and develop. We are happy to be a resource- or regulatory suggestions and guidance. Finding 4. That the proposed amendment is in the public interest because marijuana cultivation in other California jurisdictions has resulted in impacts such as increased gun violence, robberies, traffic accidents/fatalities, and environmental impacts caused by pollutant discharge from growing operations, which would pose significant health threats to National City residents. 3 140 Response: This finding is disingenuous, because it fails to distinguish between unregulated, illegal, marijuana related activity and regulated marijuana cultivation. We fully agree that unregulated, black market, activity, including marijuana cultivation, will indeed lead to increases in crime, due to the fact that those that choose to pursue black market activity, i.e. unlawful acts, are by definition, criminals. Regulated activities, pursued by legitimate operators, following strict health and safety regulations, with oversight from municipal authorities, have not been shown to increase crime. Therefore, we feel that by adding regulations, National City will create standards that will lead to higher levels of public, and operator, safety. Finding 5. That the proposed amendment is in the public interest and is consistent with General Plan policy, because the purpose of the Health and Environmental Justice Element of the General Plan is to identify public health risks and environmental justice concerns and improve living conditions to foster the physical health and well-being of National City`s residents, and because the Police Department has concluded that marijuana poses significant health threats to users. Response: The bias of staff on this issue is most evidently shown by the fact that in this 15 page document, the benefits of access to the sick are never once mentioned, but "health risks" are cited as a reason to continue restricting access. Access to medical marijuana was approved by the voters of the state of California, and the legislature of California enacted rules to ensure and regulate this access, because of the health benefits associated with marijuana use for terminally and severely ill pain, cancer, and AIDS patients in the state of California. Like any medication, there is the potential for abuse, but the voters and citizens of this state have determined that the benefit to those who need an effective, low cost pain medication, with a low risk of addiction and zero chance of a deadly overdose, greatly outweigh the comparatively low risks associated with abuse. The medical cannabis research center at the University of Califomia, San Diego, has established significant benefits to AIDS, MS and cancer patients associated with the use of medical marijuana. The health and we!! -being of National City residents who have these, and other severe pain conditions, would be improved with its access. Finding 6. That the proposed amendment has been reviewed to be in compliance with the California Environmental Quality Act (CEQA), because it has been determined that the proposed use is exempt from CEQA under section 15061(b)(3)- general rule. The project is not considered a project under CEQA; there is no possibility that the activity in question may have-asignificantimpact on the environment. Cultivation is currently not a perr"niftsd use and this Code Amendment affirms that marijuana cultivation is prohibited. Response: Cultivation regulation can also be fully complaint with CEQA. Therefore, CEQA is not a relevant factor in this decision. 4 141 Regulatory Proposal for Medical Marijuana Cultivation Below, we have outlined the basic components and decisions that needed to be decided by a municipality in order to create a comprehensive medical marijuana cultivation ordinance. Additionally, we have attached a template annotated regulatory proposal for your reference, with suggested zoning, limits, safety regulations and fees. A comprehensive medical marijuana cultivation ordinance is composed of two basic provisions - regulations for personal use and regulation for commercial cultivation. Personal Cultivation State law allows a qualified patient to cultivate medical marijuana tor their own personal use in an area that does not exceed 100 square feet State law specifies that the qualified patient may only cultivates marijuana for her personal medical use and may not sell, distribute, donate, or provide marijuana to any other person or entity. Our recommendation is that any municipal regulation regarding personal cultivation continue to reference state law and adhere strictly to the state guidelines and limits. Commercial Cultivation The state allows for different classes of commercial cultivation with distinct limits to plant count and canopy associated with class. The most straightforward mechanism for a municipality to adopt local regulations is to compliment the state licensing structure, issuing permits for certain licensing classes for cultivation use and defining the zoning for these uses. Additionally a city may adopt a cost recovery structure and additional local safety regulations. (The state will also be adopting uniform safety restriction to be applied statewide, but these regulations have not yet been defined and additional local regulations are permitted. ) Therefore, a comprehensive regulatory proposal for medical marijuana cultivation would include the following components, related to commercial cultivation: • State Licensing Classes Allowed - Defines the associated plant count, canopy size and whether to allow indoor or outdoor cultivation ▪ Associated Zones Permitted — Defines in which zones cultivation will be permitted to occur, under the conditions outlined per the state licensing class. • Associated Fees and Taxes — Defines, per state tax code. Additional local sales taxes are not permitted, however, additional municipal fees and/or excise taxes are permitted, and can be set by the municipality. 5 142 • Additionally Safety Regulations — Defines regulations related to operating hours, public access, background checks, signage, security personnel, alarms, and enhanced building security features. In the attached template document, MMJZoningCultivationOrdinance_NC.pdf, we have provided suggested regulations as outlined above. We would like to offer this template as a model for National City's cultivation regulations. Thank You for Your Consideration, Cynara Velazquez Association of Cannabis Professionals 619-208-0567 cynaraCa)cannabisprofessionals.orq 143 6 STAFF REPORT City Council Agenda City Council Meeting of November 19, 2008 To: Michael Hackett, City Manager From: Joe Mateer, Senior Planner '- Date: November 12, 2008 Subject: Adopt Ordinance 1382 to amend the Arcata Municipal Code, Title IX, the Land tu ;Q Use Code by adding §9.42.105—jed1tc a and Dispensing as a new standard for specific land use; and associated revisions to: Allowable Land Uses and Permit Requirement Tabies 2-1, 2-4, and 2-10; add associated definitions to Article 10 — Glossary; revise text of §9.42.040 — Accessory Uses, and §9.42.090 — Home Occupations. RECOMMENDATION: It is recommended the City Council adopt Ordinance 1382, waive reading of text, and consent to readby title only. INTRODUCTION: The Council introduced Ordinance 1382 at the November 5, 2008 regular meeting to amend the 2008 Arcata Land Use Code with specific land use standards for medical marijuana. The Council requested staff revise several items and bring the item back to the Council for adoption. Attachment A with accompanying exhibits reflects the revisions requested by the Council. If the Council makes revisions that require the ordinance to come back for reintroduction, staff intends to bring the item back to the new. Council on December 17, 2008. DISCUSSION The adoption of Ordinance 1382 requires an additional 30 day period prior to the medical marijuana land use standards becoming effective in the areas outside the City's• Coastal Zone,boundary, BUDGET 1 FINANCIAL IMPACT: The zone amendment is considered an advance planning project, thus the costs are funded by the general fund. Use Permit applications are project driven with the costs of permit processing the responsibility of the applicant. Staff has anticipated the Land Use Code amendments and has delayed some document copying to allow the amendment to be incorporated. Otherwise the project should have no additional budget or financial impact on the City. ATTACHMENTS A. Ordinance Number 1382 includin Exhibit 2 - Allowable Land Uses and Permit Requirement: Table 2-1; Page 2-11; Exhibit 3 - Allowable Land Uses and Permit Requirement: Table 2-4; Page 2-19; Exhibit 4 - Allowable Land Uses and Permit Requirement: Table 2-10; Pages 2-31 -arid 2- 4; - - Exhibit 6 — § 9.100.010 -- Glossary (seven new terms defined) Exhibit 6 - § 9.42.040 — Accessory Uses; Exhibit 7 - § 9.42.090 — Home Occupations, Pages 4-15 and4-16 (text revision occurs on page 4-16); Previous Attachments from 10/01/08 and 11/05/08 Staff Reports are incorporated into project proposal. These Items should be retained by the City Council and brought to each Meeting where this item is on the agenda. City Council Staff Report 11/19/OB Meeting " Pape 1 of JaeDocs/Land Use Code/Medioai Marijuana/CouncivCC Report'ii190B.doo 144 Attachment A CO Staff Report 11/19/08 PAeeUrg Draft ORDINANCE NO. 1382 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCATA AMENDING THE ARCATA-MUNICIPAL CODE, TITLE IX, THE LAND USE CODE BY ADDING.' ' • �f' ` AND DISPENSING AS A NEW. STANDARD FOR SPECIFIC LAND USE; AND ASSOCiA T ED REVISIONS TO: ALLOWABLE LAND USES AND PERMIT REQUIREMENT TABLES 2-1, 2-4, and 2-10; ADD ASSOCIATED DEFINITIONS TO ARTICLE 10 — GLOSSARY; REVISE 'TEXT OF §9.42.040 — ACCESSORY USES, AND §9.42.090 — HOME OCCUPATIONS. The City Council of the City of Arcata does hereby ordain as follows: SECTION 1. Amendment of the 2008 Ctty of Arcata Land Use Code Title IX of the Arcata Municipal Code is hereby amended as follows: Groggtittproktifti--Wifti SECTION 2. Flndings of Approval Based upon information received in the public hearing, including the Arcata Planning Commission .Staff Reports and Resolution PO-08-14 the.following findings are hereby adopted. 1. The proposed amendment is consistent with the General Plan in accordance with the California Govemment.Code, Section 65880. 2. The public health, safety, and general welfare require the adoption of the proposed amendment. SECTION 3, Severability If any provision of this ordinance is invalidated by any court of competent jurisdiction, the remaining_prQvieians_s.h.all. not.ba aifected.,and email.. continue_ in full :force_andaffect, .3. 145 Attachment A CC Staff Report 11/19/08 Meeting SECTION 4. Limitation of Actions Any action to challenge the validity or legality of any provision of this ordinance on any grounds shall be brought by court action commenced within ninety (90) days of the date of adoption of this ordinance. SECTION 5. Effective Date This ordinance shall take effect thirty (30) days after its adoption by the City Council. DATED: ATTEST: City Clerk, City of Arcata Mayor, City of Arcata CLERK'S CERTIFICATE l hereby certify that the foregoing is a true and correct copy of Ordinance No. 1382, passed and adopted at a regular meeting of the City Council of the City of Arcata, County of. Humboldt, State of California, on the In day of , 2008, by the following vote: AYES: NOES: ABSENT: ABSTENTIONS: 2. City Clerk, City of Arcata 146 CITY OFARCATA MUiCIFAL CODE —TITLE —LAND USE CODE Standards forSpecific Land Use 9.42.105 — Medical Marijuana: Cultivation and Dispensing A. Purpose',. `aa fac a Sd, n: is c is i t can mil PD B. Applicability, No part of this ordinance shall be deemed to conflict with federal law as contained In the Controlled Substances Act, 21 U.S.C. §800 et seq., nor to otherwise permit any activity that is2rotibited under that Act or any other local, state or federal law, statute, rule or regulation El t'{fEpl', Attachment A - Exhibit 1 Council Staff Report 11/19/08 9.42,105 C. Release of Uabill D. and Hold Harmless. The owner andermlttee of a medical marijuana cooperative 1 he Oivoes,c esi81a- to ut to tI . r •> ra e> L # d e rt t r ,ON* �' , .. t1 0.* naps O`', F, _ '111 p . 6111 1 • . d' o r i6 at rd r�ld o ; f _ tc ►s pe ti , +fly r Ilitl tloM Slint, .' �, lop. �I t by s; WW rts. d 0.0161111o.sfa t iw1 a the ,v , nd1or r. , f lie use of edi l ? 1 s +1 Al. . , a Mikietitmi is Oki 70441.11617C407iiiiiiiiiiiWgi d- patent shall reside in the residence where the medical marijuana culkivation occurs; MU* 4—Standards for SpecUle Land Uses 4-20 Draft 11119/O8 147 CITY OF ARCATA MUNICIPAL CODE —TITLE 9 — LAND USE CODE Standards for Specific Land Use Attachment A - Exhibit 1 Council Staff Report 11/19/06 9.42.105 f. The qualified patient steel! nut parficit ,te ira mensal mall]Lane culliva#fan [1 any other r stderniial iccatirin within the City •:;1 Arcata; Ther ls(e ace st'aifmafttliOitchek4throettisi 400:00411N 00.s rfitei =iin'anded,a'ss 01.4.4usedp4glitfouned4t r aouiitY4141;; lid medical r!jtiar c ltivation atetv*Otliftin#1700 the Caliiornia Building' Code 12010101u a. ei tk or itittc114010.10k (The e 1t dre - ma t0na* aulttval on .ate asbail noel lie ly af, r ents creath s'#,,:010 - i e; t, noise, , noxious: , or. titan *.a or be r it **to use .orb 4.400 V , 2. (4itipippepgi nisteaTniiitiiitsia, puitiv an lndttridual *Ma patent or ;dt 1 t bee rr!ot gieettlie growOipitarm ifandat ei lion .42 t 1) '#, shall Tamara: fit Atimnist,; *marl 0the need for *too* i�an Tea. iocu erlali6 ch a :p .sialan1s mr end ton r yettrie00Of more thili pile taut t ent ,in the -Piet* e, dlf'be tla ***A 'ng w i do a nda is tit few .'lie r+qi� flu.. dude a�ta and slon.frtmt ioprerty . t initititirth ,. tevi the s Mario n.ard tales- .010064nt ifn.a li : S101%10 1 .'The 3t ildit Of#icllal nay regain dthora1 s fib r 4o atei theCatiiomla 3 q Code Are Cade, ipetudidg . t 11044,, A ins radon o f fire sr reeston spy M . medical (marjcta ::.�i for -fie ,: u o _ t� f _# 1 ► . liji071406..47- DI 01.4itted ten f et. t if-.fig=1: = Pi it E. Permit requirements for Medical Marijuana Cooperatives or Collectives: Medical marijuana cooperatives or collectives may be established only in those 'zoning districts listed in Table 2-10, . "Allowable Land Uses and Permit Requirements for Commercial, Industrial, and Public Facility Zoning Districts" Medical marijuana cooperatives or collectives shall only be allowed with an approved Use Permit-In-conforrnance-wfth Section 9 72.0S0-(Use:Permit-Mirlr5rUae Perrrtit): - h— taerttiatan applicant possesses other types of state or City permits or licenses does not exempt'the applicant from the requirement of obtaining a Use Permit to operate a medical marijuana cooperative or collective. A medical marijuana cooperative or collective shall consist of a business form that satisfies state law to act cooperatively or collectively in the acquisition and distribution of medical marijuana. Notwithstanding the provisions of Chapter 9 (Nonconforming Uses, Structures, and Parcels), an existing cooperative or collective in operation as of the effective date of this ordinance shall be brought into full compliance with the provisions of this section within one year of the effective date of the ordinance establishing this section. t a a4PtedSON 'orsadfiely.€: e ems, :t er, sit oke. tr # ; ofpanjtet .f it IlugggislErnot-04, Article 4— Standards for Specific Land Uses Draft 11/19/98 4-21 148 Attachment A - Exhibit 1 Council staff Repod 11/19/08 on' OF ARCATA MUNICIPAL CODE— Trill }—LAND USE CODE Standards for Spada Land Use 9.42.105 1. Specific Regulations. The following specific regulations apply to medial marijuana cooperatives or collectives. a The total number of medical marijuana cooperatives or collectives within the City of Arcata shall be limited to four (4) until which time one (1) or two (2) of the four (4) cooperatives or collectives ceases to oparato, then the total number shall be reduced to three (3) and ultimately two (2). b. In addition to Section 9.72.080 F (Use Permit Flndingsand decision), the review authority should give special consideration to approving cooperativves or collectives located: within a 300 foot radius from any existing residential zoning district, within 500 feet of any other medical marijuana cooperative or collective as defined In the glossary which Is located either inside or outside the jurisdiction of the City, or within 500 feet from any existing public park, playground, day care, or school. c. Source of medical marijuana. A medical madJuana cooperative or collective shall only dispense marijuana from the following sources: (1) EF! ..�� ..:..:;� t > ana 1rf t n. .P*ts'1 rar 01 verGe40140Opiti• (2) t]fD1 _ ar�� li, ap> Aid,* t9' t»0hrsil said >w ot; le ' t ta1 1 zoning, (3) Qualified Patients, in the. case of a medical marijuana cooperative or collective, the medical marijuana Is acquired from an individual qualified patient who cultivated the medical marijuana in accordance with the standards in Section 9.42,105.D.; the qualified patient received no monetary remittance, and the qualified patient is a member of the medical marijuana cooperative or coilectiva. Pursuant to California Health and Safety Code §11362.765 (c) a collective or cooperative my credit its members for medical marijuana provided to the collective or cooperative, which they may allocate to other members. . d. Notwithstanding Section 9.72.080 (Use Per•<mit and Minor Use Permit) a medical marijuana -coop.ecaiive or..collactive_.application_ioc.a.U.se-Per it-shali_includo.a.detailed Operations , Manual Including but not necessarily limited to the following information: (1) Authorization for the City, Its agents and -employees, to seek verification of the information contained within the application; A description of the staff screening process including appropriate background checks; The hours and days of the week the medical marijuana cooperative or collective will be open; (2) (3) Article 4—Standards for Specific Land Usas Draft 11/19/08 4-12 149 Attachment A -Exhibit 1 Council Staff Report 11/19/08 CITY OF ARCATA MUNICIPAL CODE —TITLE 9 — LAND USE CODE Standards for specific Land Use 9.42.105 (4) Text and graphic materials showing the site, floor plan and facilities of the inedical marijuana cooperative or collective. The material shall also show adjacent structures and land uses; • (5) A description of the security measures located_onthe premises, including but not limited to, lighting, alarms, and automatic law enforcement notification; (6) A description of the screening, registration and validation process for qualified patients; (7) A description of qualified patient records acquisition and retention procedures; (8) The process for traddr9 rnodikttl rnarijiaria gcarititea ; nci Inventorl. centrals 1nclr�dlrrc nn slke cultvatioru, p{ccssing, and ai rnedica9 mariluarie pradUcts received trorn au sid . souices; (9) t ascription of rnaasurs taken t rnjnI prize or.offt l ;e rgy 01.4 jrtxTr_kk a, cultivation { pry ylr1� 0i medical rfaarf ua rA: (10) Description of chemicals stored, used and any e€fluent discharged into the City's wastewater and/or stormwater system; and (11) Other intonation required by the Community Development Director. 2. ' Operating Standards. Medical marijuana cooperatives or collectives shall comply with all of the following operating standards. a. No dispensing medical marijuana to an Individual qualified patient or primary caregiver more • than twice a day; b. Medical marijuana cooperatives or collectives shall only dispense medical marijuana to an individual qualified patient who has a valid, verified physician's recommendation. The medical marijuana cooperative or collective shall verify that the physician's recommendation Is current and valid; c, Medical cooperatives or collectives shall display the client rules and/or regulations in a conspicuous place that is readily seen by all persons entering the cooperative or collective. The client rulesand/or regulations shall Include, but not limited to: (1) Each building entrance to a Medical marijuana cooperative or collective shall be clearly and legibly posted with a notice indicating that smoking, ingesting or consuming medical marijuana on the premises or In the vicinity of the cooperative or collective is prohibited unless specifically authorized with the Use Permit. (2) The building entrance to a medical marijuana cooperative or collective shall be clearly and legibly posted with a notice Indicating that persons under the age of eighteen (18) are -precluded -from -entering -the -premises -unless they are qualified -patients andlarthey are under the supervision of their parent or legal guardian. Article 4— Standards for Specific Land Uses Draft 1 1I1910B 4-23 150 Attachment A - Exhibit 1 Council Staff Report 11119 8 Crrf OF ARCATA MUNICIPAL CODE -TITLE 9-LAND USE CODE Slanderds for Specific Land Use 9.42.105 f. Medical marijuana cooperatives or collectives shall not permit the on -site display of marijuana plants except for approved signs according to Chapter-9.38 (Signs); Medical marijuana cooperathies or collectives shalt only permit the distribution of live plants, starts and clones as allowed by the approved Use Permit, Such distribution shall be limited to qualified patients or primary caregiver, h. Medical marijuana cooperatives or collectives shall only permit the on -site display or safe of marijuana paraphemalia used for the consumption of medical marijuana as allowed by the. approved Use Permit; I. Medical marijuana cooperatives or collectives shall comply with other conditions as outlined in the Use Permit Medical marijuana cooperatives or collectives shall maintain all necessary permits, and pay all appropriate taxes. Medical marijuana cooperatives or collectives shall also provide invoices to vendors to ensure vendor's tax liability responsibility; k. Medical marijuana cooperatives or collectives shall implement procedures as outlined in their 'approved Operations Manual; 1. Medical marijuana cooperatives or collectives shall submit an ''Annual Performance Review Report" for review and approval by the Community Development Director. The °Annual Performance Review Report' Is intended to Identify effectiveness of the approved Use Permit, Operations Manual, and Conditions of Approval, as well as the identification and implementation of additional procedures as deemed necessary.• The Community Development Director may review and approve amendments to the approved °Operatons Manuati andthe frequency of the "Annual Performance Review Report" j-044, $'-pion rtionrii- ee Resbn n . 3. Permit Revocation or Modification. A use permit may be revoked or modified according to Section 9.96.070 (Permit Revocation or Modification). Use Permit revocation proceedings may occur tor non-compliance with one or more of the items 2.a. through I. above. 4. Transfer of Use Permit The rights of an approved Use Permit to operate a medical marijuana cooperative or.collective inay be transferred to another cooperative or collective as a Use Permit modification according to Section 9.96.070 (Permit Revocation Or Modification): g- J. Article 4-Standards for Specific Land Uses Draft t thf91D6 4-24 151 CITY OF ARCATA MUNICIPAL CODE -TITLE 9 -LAND USE CODE Standards for Specific Land Use Attachment A - Exhibit 1 Council Staff Report /19/08 9.42.105 E. $110.101.00070:P450.1,14.r Cooperathre..: or04101vf4.:40Pt ts.PP11)146104.04002.'!;4 09010 ei *4404' 4/10.4*901i4 64maye establushed000 1110.0 PT* districtst0 'Mowabe Land llsesag4folif*gAmiititcii410410*) 1.10sAlE4=API Poranu 2-1A iIe1-and Uses iftPi)4401001**810410**1;194totital40PL efl: tncts fiitieki.*i*t*.0i.*t*ae:****kOed10et,O2ege*eL 00Tive .4).0010: :.tigieRe lAfOgieeOlk 0eijittotitr. s if dses oes COM from the reurement �f otainog a Use Pernd'to oii** 0:0401 014009 rnedkaI mailjuana.otittio*And.0000611 structure 011ie:in 0000 :4-of1)100fee*:d4te of this fordeeetiff shall be W.0441100 till:40#040cOtbAbe PTOMP49ffilq:eOPTIVIOk:0110.:Ae.r_0(11* itte_c4i0:40t Otte 0kt*oitgibN_rfhtf440Ji Specfllc fiequations The tdfloWrng spectfic reu1attons applyto 114.041 manjuana cu1t1vtion0 W-. tototal*eilet oTmed61m* JIivin * proceisinfatift1as wlthlnlhe Ctyof rpi i swan be-40W to fete 1, ., b. ' .one il) Or ,N4 gtit Ileoultivaiic rol?Bst Mfflef-Oeeeste-PPerSei then the totaitumbor *int tii ttely twaife4A'A'medicat rtaluatia eeepoetivo or cpec t1ows-fa inajuana Olilvatieti And. ioGeseing .. - 10 .Secon0-42.I05 .E. 1), 40 cooperative or olleptioe 610! be el$rolOci as one af he tour (4) :KIP! -.4.4001.40e) 0S014.n.. q tent: „ it Ontir. firewailassembly *de of grpentlid shall be Viediklelftedg4isiltiOgit titOL*4; iii100#1101.00ii:404**04.PitireMiiid Tadilty shall not adversely affact the healib ATAlik9e.*:000.00q.0.101.0904/16406 dust, -NATA- h.* not* Mime -ef 0104 smoke, traffic, **kit ether imikik2:0940.29.01944:10 OTAPAIP oriabilociggegiprodeitor rAssOatit .--"11443#.09p.,PeteNe it medi AtetriAiseitil: — . WW1 reedtetil Ps or 601.. . 441fia*:0144k1OL- 4**. toretuireAkik _Ua1I1ed pi* foid� an 9:0411.944,04#469 Mudla-al rnarijugna cultivalio aid prgit!-,s.ingrI1it1sh1 ittit pen-ritt on -site ii!§pf0 ffe-rijuana ptant5 xcpt. tor vproyiNI piins a to Oteptpr WO& Aatiiititilft****01- (0413.91Parilthem401101*t4uater %RP ottoebligrliam; Article 4- Standards for Specific Land Uses 445 Draft lin NOB 152 Standards for Specific Land Use 1. . L Attachment A - Exhibit 1 Council Staff Report 11/19/08 CITY OF ARCATA MUNICIPAL CODE —TIM 9— LAND USE CODE 9.42.105 T o Islas: 'afanaa t 44 01001 e is! pf:*d r o 1 gWit; t 3 Lit iri �d1t y 01, witt era 13fs vote. me 401). 104- rstiapf ,. with the review and approval of the report. Review Report for costs associated Male 4 — Standards for Specific Lend Uses 4-26 Draft 111191D8 153 CITYOFARCATAMUNICIPAL CODE —TIME SLAND US CODE Agricultural and Resource Zoning Detdote Attachment A - Exhibit a Council Staff Report 11/;►, 108 •922.030 yFil �ta� xi `•k� 1171Uu tie sra d 4 6 ]] ��x- 'S�.�S i�r 0u � a tn[f ec{ iY men c � x .,•, , t'•�i ac� Jl aJl'S fl �r .i , 8 . I �' ' 1 0 k se -tilt �J� �� t P�iJ��t.`•<CLSaf17iBt C. i' Y er ' u td. •�, d dg e�(� S�f PI � .�Zi-'t rdY' •c _ 8 YQ "•w .Yvai 1 lt t3. 4.Pa ° .fir fwa`w-. .. 1 , a . ,,, t; .. itb .. .POR-f figt,V4..1M1-NMI'O '"7 1 Rwri atic GRICULTURAL & OPEN SPACE USES Agricultural accessory structure, 4,000 sf or less P ' P ' MUP MUP MUP 9,22,060, 9.42,030 Agricultural accessory structure, larger than 4,000 sf MUP MUP M.UP MUP MUP ` j ijlier UP = _ = 9.42,105 • Agricultural processing - Very Iaw impact P PP P P Agricultural processing -.Low Impact - MUP MUP MUP MUP MUP Agricultural Processing- Moderate impact UP UP • • UP — — . Animal keeping S S .. S 5 8 9.22.060, 9.42.05U Aquaculhire - Ocean dependent •. • ' •• . ' — MUP — MUP , MUP Commercial greenhouse,- Perimeter foundation,1,000 sf or less' ' . P MUP MUP -- I' — ' . Cominerdalgreenhouse - Perimeter foundation, larger than 1,000si., MUP MUP . MUP , — — • Coriimerclal greenhouse - Slab foundation • . UP — VP '- --• i --- . Commercial greenhouse - Soli dependent,1,000 sf or less • ' P P - P — . — 9.22.060 Canimercial greenhouse - Soil dependent, larger than •1,000 sf ' :MUP MUP • MUP — ` -:' ~. Crop production, horticulture; orchard, vineyard . , P(2) P(2) P(2) . , P(2) ) P(2) .- 9.22.060 Forestry • ., . MUP — C MUP P(2) . — • •. • Nature preserves, habitat and wetland restoration • P(2) . P(2) P(2) P(2) ' P(2) _ 9.22.060 • . Winery . . UP UP . UP ' '--- — RECREATION. EDUCATION & PUBLIC ASSEMBLY USES • Boat Ieurichtns taa`lhy — 'MUP - — UP _ 922.060 Coastal access bell . P • P - P — P 9.22.060 Equestrian faddy, maintaining 8 or fewer horses . . P .MUP UP -- — 9 42.050 - Equestrian facility, maintaining 9 or more horses . MUP �. MUP . • UP — — 9.42050 Interpretive center . •. . —. = h.' -- UP UP' 9,22.060 ' ' Non -vehicular recreation • P p - P - P P • 9.22.060 . . Meeting facility, pubic or private — ' , UP UP • UP Parks and playgrounds — — • MUP UP UP • K to Zoning District Symbols Agriculture - Exclusive • Agriculture - Exclusive - Coastal Zone. Agriculture - Residential EN -Notes: • (1) -lee Artictetl0 for land•use definitions, . ' (2) Zo'ning'Clearance not regilired. Natural Resource -Tiber Production Natural Resource -Public Trust • Article 2—Zoning Districts &Allowable Land Uses 211 • Attachment A - Exhibit 3. Council Staff Report 11if W08. COY OF ARCATA MUNICIPAL CODE -TITLE 9- LAND USE CODE Residential Zoning DIstr1c AGRICULTURAL & OPEN SPACE USES 9.24:030 Ajpicultural accessary strodure MUP UP - UP UP 9.42.030 i, lipr'f rJr _, :4 l fS..... ri ,ti;-_-.-. ..... . 9.42.10k Animal keeping S S 5 S 9.42.050 Clop production, horticulture, orchard, vineyard MUP MUP MUP MUP Greenhouse and nurserj+structures, 300 sf orbs .UP UP — — Greenhouse and nurser/structures, larger than 300 of — .- .-. — Produce stand,1,000 sf maximum MUP MUP MUP MUP 9.42.140F RECREATION, EDUCATION & PUBLIC ASSEMBLY USES Equestrian fadgty : • UP — — -- 9.42.050 . Meeting 'facility, public or prelate MUP MUP - MUP MUP • Parks and playgrounds,publlc P ' P P . P • Pr vide residential recreation teak MUP MUP ' \, MUP • School - Public or private, elementary or sec ontlary • MUP � MUP ' MtiP' MUP • RESIDENTIAL USES ' Home occupation •• P P P P 9.42.090 942,120 — _ Mobile home • Outside ofrnobile homeprlc P ' P P P Mobile home park, including Individual mobilo homes . UP UP UP UP • . 9.42.120 •' Multi -family housing, 2 WAS . — P P P 9.42.130 , Multi -family houses, 3 ta9 units. • • - , — . MUP(2) P P • • 9a12.130 9.42.130 —, - Mulfi•'farnlly housing,10 minors units . • • — -- P . P Organizational house (saw', monastary, religious, etc.) UP LP UP UP , Residentiai accessory u•Se orabvcturb P P P P 9.42.030 • . Residential care fadlilly, 8arfawerdFerts _ ' . ' .. ' , P. P• • P P Residential care fadlity,'7or more clients UP UP UP' UP Room in or boarding house • UP P P Second dwelling Unit : ' , P P P P 9.42,170 S"mgle-family dwelling • • P P P P 1 Transitional housing UP - UP UP UP } j n It: to Zoning District Symbols . Ntes: • (1) See Article 10 (Glossary) for land usa deitnreons. • • (2) Allowed only in compliance with Section 9.24.0130.E (RL Alternative Development Option). Articie.t- Zoning Districts & Allowabit: Land Uses 219 155 44' I CITY OF ARCATA MUNICIPAL CODE -1TrLE 9 -LAND USE CODE Commercial, Industrial, and Public Facility Zoning Districts Attachment A - Exhibit 4/ Council Staff Report 111S9I08 9'-- I R 9.26.030 aNDUSTRY,-MANUF-ACTURING & PROCESSING, WHOL-£SALJNG • "Mitalialvattitstip:<.11nett:thieihttiu . _-. -- ...::gyp t�P -- -r�+■e 9.42.1 Agricultural processinig - Very.low impaot .— — • — — - P P. — , -Agricultural prooessing -Low impact MUP(4) MUP(4) — - — P P —. • Blodiesel production i .. - — — — UP UP — , Composting •.., . •• - • .— . — — • MUP....:`MUP... ••••-� - Construction contractors • •— • -- — — P P . - -...Furniture end 1bdures.manufacturing, cabinet shop • .. . 1JP. ,r..:-- — .. . P.. P. — • Laboratory -Medical, analytical, R&D — P . . --- . — . P . P - — Laundry, dry leaning plant. •" . -- ' UP • — UP' ' P • -• .p . • Manuiachirrnifpracesaing-t ow impact • • MUP(4) MUP(4)- — -•;... • P. • • ;p., . ;::.�: ' • - Meat cturi4paocessin$-;Moderate' act . — — — ' .MUP :.,MUP -- ' Mariufac `r(n t oessing•- H timpact; • • -- .... .- . — ._" :.: ::-.up • . — MediepmducIi4ri- P P - — : P, , P . • . • ' - • `Pfliikkrg ari-ali llelhin ..'' .. . - .P . . • Recycling ,.P.rocesslog.faollIty, , , , - — , — — — MtJP •' P — '•9:42.180 .. 7.71ineCyclinplieverse4encling machines • ,. - . •. � . .... _P ,.... P'.-._ - . P •, • •: P . ..9.42.160 . •• Re j+cling- Scrap a ntl4smantl'mgyariis •.. — • — ` --.... ... , MUP — •. 9.42.160 -.1"tecyding..3 Said cotjectton facie.. • •:- ..... '.'MUP , '' `4,•`:':', . 'MUF •_ ••...P , P . 9.42.160 -Scilici.waste.dlaposaltransier station.. ._.. - . - .. ..•.— - . r- . ..: :.:LIP. UP.- A. , . Storage -..Business rgcords .-_.. _1 ..'. .MUP .- ,MUP. ...•-,• ... •+ :.:..MUP'; :..MUP' -- . ,....•.. - .. MUP .. MUP ..MUP.': '.AAU.P.' :-�P'=,.., ';<P. •..' P 9.42.150 - ..Storage•-;Peesonel storate facllityymini-storage) - y — UP - " - . P . •• P . . — _Storage .»iarehousa, Indoor storage . . ,UP . -- — . P ' ,.P- . — Wholesaling and.distributlon. — P. -- - P p — ev to•Zonina District Svmbots - 'Commercial - Central E �• industrial - Limited • Commercial - General _;:,.:an • industrial- General • Commercial - Visitor ' Serving „' ::. Public Fadlity .• ' Commercial -Mixed Use Center Notes: (1) (2) ' (3) (4) See Artie 16 (Glossary) for land use definitions. Use Permit required for any proposed retail use with either. (a) a floor greater then 30,000 el; or (b) physical alteration of eight or more sores; or (c) generation of 1,000 or more vehicle trips per day. See also Section 925.060, Residential units should only be located above nonresidential uses or al ground level behind the street-fronling nonresidential uses pursuant to Section 9.42.110, Allowed only In conjunction with the on -site retail sele of products produced on the she. Article 2- Zoning Districts & Allowable Land Uses 2-31 156 cry OFARCATA MUNICIPAL CODE -TITLE e - LAND USE conE Commercial, Industrial, and Public Fad* Zoning DlMticis SERVICES - BUSINESS, FINANCIAL, PROFESSIONAL Attachment A - Exhibit hi: Council Staff Report 11/f94e 8,26•030 ATM P ,P P P ._ - Bank,'Anancial services P • P MIJP P -- _. - Buslness supportservice • P s . P - P . — - _- - " Medical services- Doctor office . .. P,r ' P P P. - - MUP Medical seMca - Clinic, lab, urgent care MUP MUP MUP MUP - _. 3,1UP '- Medical services - Extended care - •' MUP - • --• MUP - _. MUP . Medical services - Hospital • UP _. - - UP 11.: 1,h1 +.: ►C..-Y ... t" • , ' �-p ill._ P �UP. I!E P P 'p P p p Office - Accessory Office - Business/service • P ' P - P P - . . Office -Government •,P ; P - P P -- -. .. P P _ t Office - Professional • _, •P P . _ -•- - SERVICES -GENERAL Adult daycare -i4orfewer clients P .P -•- P - - MUP Adak day care - 15 or mare clients • MUP ',MUP MUP - -. MUP Catering service - • P _ __ P P •Cetne _- tety - - -- - - - UP Child day care center MUP MUP - MUP MUP UP MUP 9.42.070 Child day care - barge or amall family day care hwrle • P P • •-- P P ' - - Drive -through eetvvtce - MUP MUP MUP — - - 9.42.080. Drop -hi center -- - UP UP ' UP MUP Equipment rental. • .. - : MUP . , - _ . P . P . - Kennel, anima! boarding -: -- .-•: 1 MUP MUP Lodginp - Bed & breakfast inn (8&B). . MUP MUP MUP •MUP -- --- . - 9A2.060 Lodging - Haste! MUP MUP MUP MUP - - - Lodging •-Hotel or moil P MUP P MUP Lodgng - Recreational *Ode (RV) park -. • ' - UP .. 1 - _ _ . Maintenance service - Cart site setvlces P P - - P P - `- Mojluary, funeral home - MUP -- -- -- Personal services - P P'— Personal services - Restricted P _ • Public safety facility - -__„_ - �. MUP Repair service - Equipment, large appliances, etc. • - - - _ P P Social service organization • P P -••- P P - MUP VehlcleservRes - Major repair/bodywork -- MUP MUP -- P • Vehicle services - Miner meinisnancrelrepairlretread -- P P MUP Veterinarx clinic, animal hospital - •-.MUP. MUP MUP A -- - r --i � Article 2 -Zoning Districts & Allowebla lend Uses 24 • r; ,• Attachment A. Exhibit 5. CC staff Report 11n9/08 CITY OF ARCATA MUNICIPAL CODE—TTf .E 9 — LAND USE CODE Definitions 9.100,010 The following definitions will be added to Article 10 Glossary Marijuana. "Marijuana" means all parts of the plant Cannabis. sativa L., whether growing or not the seeds thereof; the resin extracted from any part of the plant and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, cake, or the sterilized seed of the plant which Is incapable of germination. Medical Marijuana. Means marijuana used in strict accordance with the Compassionate Use Act of 1996 (Health and Safety Code §11362.5 et seq) and The Medical Marijuana Program (Health and Safety Code §11362.7 et seq.). Medical Marijuana Identification Card. A document issued by the State Department of Health Services that document identifies a person authorized to engage in the medical use of marijuana and the person's designated primary caregiver, if any as per California Health and Safety Code §11362.7, and as may be amended. Medical Marijuana Cooperative or Collective, "Medical Marijuana Cooperative of Collective" means an affiliation or association of individuals whose collective .intent is to provide education, referral or network services and to assist in the lawful acquisition and distribution of medical marijuana in a safe and affordable. manner between •primary caregivers and qualified patients as permitted In accordance with the Compassionate Use Act of 1996. Person with an Identification Card. Means an individual who is a qualified patient who has applied for and received a valid identification card as per the California Health and Safety Code §11362.7, and as may be amended. Primary caregiver. Means the individual, designated by a qualified patient or by -a person with an identification card, who has consistently assumed responsibility for the housing, health, or safety of that patient or person, as more particularly as set forth in Califomia Health and Safety Code §11362.7, and as may be amended. Qualified patient. Means a person who has a physician's. recommendation and is entitled to the protections of Section 11362.5 of the California Health and Safety Code, but who does not have an identification card issued as set forth In California Health and. Safety Code §11362.7, and as may be amended. Article 10 — Glossary Draft—11/19/08 10 158 CITY OF ARCATA MUNICIPAL CODE -TITLE S- LAND USE CODE Standards for 9pedllc Land Uses Attachment A - Exhibit t0 Counci! Staff Report 11/«/0g e.a2.o4o 9.42,040 r. Accessory Uses In addition to the .uses expressly permitted in each zoning district by Mole 2 (Zoning Districts and Ailowable Lind Uses), the following accessory uses ere also permitted in compliance with this -Section, See also Section 9,42020 (Accessory Retail and Service Uses). These do not include uses covered in Section 9.42.105 (Medical Menu ana).. A. Administrative office. The administrative ofhce1or an approved primary use on the sarnE lot. B. Parking. Off-street parking and loading serving a primary use, located, designed, and constructed in cornplrance with Chapter 9.36 (Parking and Loading), but;only if the parking is reserved for the residents, employees, patrons, or other persons participating.in the pdmary.activity on the site. . . , C. Production of goods. The production of goods 'for sale by a firm engaged In an approved primary commercial use on the same lot, it' • - 1. • Al! goods produced are said at retail byte same firm either on the same or other Iota; and 2, , Production does not occupy more than 50 percent of the total floor area and open sales, display, storage, and service area occupied by the firm on the lot, or more than 3,000 square feet, • whichever is less. . D. Sales. Whoiepaie or retail sales to a buyers custom order,- of goods produced by an approved primary Industrial use on the same lat. E.. , Storage. The storage of goods sold by an approved primary commercial use on the same lot, or used in or produced by an approved primary industrial use on the same lot. Article 4 — Standards for Specific Land Uses 4•a 159 Attachment A - Exhibit ?- Council Staff Report 1 1/r1/08 P.k3t 144: g CITY OF ARCATA MUNiC1PA}. CODE -TITLE 9 - LAUJU USE CODE ' Standards for Specific Land Uses 9.42.090 9.42.090 - Home Occupations The following standards for home occupations are intended' to encourage reasonable opportunities for employment within the home, while avoiding changes to the residential character of a dwelling that accommodates a home occupation, or the surrounding neighborhood, where allowed by Article 2 (Zoning Districts and Allowable Land Uses). A Permit requirements. A home occupation in compliance. with this Section shall require a City Business License. A home occupation that does not comply with.each applicable.requiremment.of this Section may be authorized by Minor Use Permit, provided that the review authority first makes the following findings, in addition to those required by Section 9.72,D8Q for Minor Use Permits: 1. The operating characteristics of the business will be such that it will have no significant adverse impact on the owners or occupants of neighboring properties; and Z The specific location, building type, orientation, access .characteristics or other features of the subject property warrant the approval of the proposed use although it Would not -typically conform • • to zoning limitations. Before receiving a City business licence for a home occupation, all applicants shall sign an affldavtt attesting thatthey have read;undarstand, and will comply with the standards and requirements of this.. Section, and 'that they egFee'to pay for all'City coats inctrree In the‘eriforcement of theie•provisions, 'including attorneys' fees, if they are subsequently found to be operating a business fri violation of the. Municipal Code or other City ordinance. S. Limitations on use. The foflordrrig are examples of•business activities that may be approved as home occupations, and uses that am prohrl7ited as home occupations. 1. Usesallowed as home occupations. The following and other uses determined by the Director to be similar may be approved by the Director in compliance with this Section. a. Art and craft work (ceramics, painting, photography, sculpture, etc.); b. Tailors, sewing; c. Office -only uses, inducing an office for an architect, attorney, consultant, counselor, doctor, Insurance agent, planner, tutortwriter, and electronic commerce; and d. Personal trainers and licensed massage therapy and physical therapy. Anide 4 - Standards for Specific Land Uses 3i / . • T .aw etor. 4-15 Standards for Specific Land Uses C. CITY Of ARCATA MUNICIPAL CODE — TrnF 8 —LAND LISP C.OfE Attachment A - Exhibit . Council Staff Report 1 iti 9i0, 9.42:a9U 2, Uses prohibited as home occupations. Businesses withoperating characteristics that have significant edverse impacts on the owners or occupants of the neighboring residential properties shall be prohibited as home occupations. Examples of such operating characteristics are: dust, glare, heal, noise, noxious gasses, odor, smoke, excessive traffic, vibration, use of explosives or highly combustible materials, and use of hazardous or toxic materials. The types of businesses that will be prohibited as home occupations include:• vehicle repair, animal hospitals and boarding facilities, storage yards, media! clinics and laboratbries, sex --oriented businesses, wood cutting businesses, welding and machine shop operations, and other similar businesses, and all uses ve d " e •on 9. 1 dicai mart uan Operating standards. Horne occupations shall comply with all .of the following operating standards. 7. Accessory use. The home occupation shall be clearly secondary' to the full-time use of the property as a residence. 2. Visibility. The use shall not require any exterior modification to the structure not customarily found in a dwelling, nor shall the home occupation activity be visible from a public right -okay, or from neighboring residential properties. 3. Signs. There shall be no signs, other than one name plate, not exceeding two square feet in area, and only If attached flush to a wall of the structure. Hand lettered or magnetic door vehicle signs identifying the business are allowed; however, novehicie sign shall be used to direct clients to the home occupation from off the site, pursuant to Section 9.38, Signs. • 4. Safety. Activities conducted and equipment or Material used shall not change the fire safety or occupancy classifications of the premises. -The use shall not employ the. storage of explosive, flammable, or hazardous materials beyond those normally essodated with a residential use. 5. Off -site effects. No home occupation activity shall create dust electrical interference, fumes, gas, glare, light, noise, odor,-srhoke, toxicthazardous mateliais, vibration, or other hazards or nuisances as -determined by the director.. B. Outdoor display or storage.- There shall be no window display or -outdoor storage. or display of equipment, materials, or supplies associated with the home occupation. .1. Employees. A home occupation shall have no on -site employees other titan full -the residents of the dwelling, unless a Minor Use Permit is obtained that would allow on -site eriipioyees. 8: Clienticustomer visits. The home occupation shall be operated so as to not require more than 12 vehicle tips per day of clients, customers, andlor visitors to the residence. On -site presence . of clients or customers shall be limited to one client or famly.et a time, and only between the hours of 9:00 a.m. and 8:0Q p.m. _ 9. Deliveries. The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises in a manner different from normal residential usage, except for FedEx, UPS, or USPS-type hoarse pick-ups and deliveries. 10. Utility service modifications. No electric or gas utility service to the dwelling shall be modified solely to accommodate a home occupation, other then as,Lequired for normal residential use. Article 4 — Standards for Specific Lend Uses 4- 6 BILL NO. 835-C.S. ORDINANCE NO. -C.S. AN ORDINANCE OF THE CITY OF EUREKA AMENDING TITLE 15 CHAPTER 158 !AE A1, N I&, CUL lATION, PROCESSING AND DISTRIBUTION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EUREKA AS FOLLOWS: Section 1. Title 15, Chapter 158, Section, is hereby amended to read as follows: CHAPTER 158: O ".i+-A3_. c.ANI4AW CULTITA*10,N7PROCESSING AND DISTRIBUTION Section General Provisions 158.001 Findings and purpose 158.002 Interpretation and applicability 158.003 Release of liability and hold harmless 158.004 Definitions 158.005 Severability Personal Use - Requirements & Regulations 5 0lfl #Valipn 158.011 Processing 158.012 Distributing Cooperatives & Collectives - Requirements & Regulations 158.020 Offices and Labs 158.021 Number of Facilities 158.022 Cultivation or processing 158.023 Distributing 15-8 0-24 Delivery Services 158.025 Inspection and Monitoring Permits 158.030 Fees and taxes 158.031 Enforcement Non -medical Marijuana Use — Requirements & Regulations 162 Ordinance No. 835-C.S. tProcessing, and Distributing GENERAL PROVISIONS § 158.001 FINDINGS AND P TRpnc1_ (A) The City Council of the City of Eureka, based on evidence presented to it in the proceedings leading to the adoption of this ordinance hereby finds that the cultivation, processing and distribution of medical cannabis in the City of Eureka has caused and is causing ongoing impacts to the community. These impacts include damage to buildings containing indoor grows, including improper and dangerous electrical alterations and use, inadequate ventilation leading to mold and mildew, increased frequency of home -invasion robberies and similar crimes, and that many of these impacts have fallen disproportionately on residential neighborhoods. These impacts have also created an increase in response costs, including code enforcement, building, land use, fire, and police staff time and expenses. (B) The City Council of the City of Eureka also acknowledges that the voters of the State of California have provided a criminal defense to the cultivation, possession and use of cannabis for medical purposes under the Compassionate Use Act, but that the Compassionate Use Act does not address land use or building code impacts or issues arising from the resulting increase in cannabis cultivation within the City. (C) The purpose and intent of this chapter is to regulate the cultivation, processing and distribution of medical cannabis in a manner that protects the public health, safety and welfare of the community and mitigates for the costs to the community of the oversight of these activities. § 158.002 INTERPRETATION AND APPLICABILITY. (A) No part of this ordinance shall be deemed to conflict with federal law as contained in the Controlled Substances Act, 21 U.S.C. section 800 et seq., nor to otherwise permit any activity that is prohibited under that Act or any other local, state or federal law, statute, rule or regulation. The cultivation, processing and distribution of medical cannabis in the City of Eureka is con5rolied by the provisions of this chapter of the Eureka Municipal Code. Accessory uses and home occupations, where medical cannabis is involved shall be governed by the provisions of this chapter. (B) Nothing in this ordinance is intended, nor shall it be construed, to burden any defense to-c n ai-proseo n-othe ie -a forded iy-Calioirtha-lw:- - .. .... LA- (D) Nothing in this ordinance is intended, nor shall it be construed, to exempt any cannabis related activity from any and all applicable local and state construction, electrical, plumbing, land use, or any other building or land use standards or permitting requirements. May 3, 2011 2 163 Ordinance No. 835-C.S. (E) Nothing is this ordinance is intended, nor shall it be construed, to make legal any cultivation, transportation, sale, or other use of cannabis that is otherwise prohibited under California law. .(F) FAU cidl a , proeesSing And cl st °Out* 1: rs & as ysl -be subj to .t .prov i .1!is r;. `d s eu1ty n pro or d nt1on as' d lar oee ' dp or t ' l of ; § 158.003 RELEASE OF LIABILITY AND HOLD HARMLESS. . ( t :of- piov. if' i : of .per ' i' et [obis hivation, , paws ng, ` tuirVor sttibution foe , to :owner- or lentittie of -each medic*: gurabis icctive; 000pen tive, 'vntion,, Proe,etsing or disfdlunion fillaily shalt'- 4 tio1414nniess: ibe.eity o f d .ag i, o s, x°r 1 :for y r aitw eas, or s bro �l v parties due to operations`� at ie tie, �t , cuUi�u,, promsr`.t a.. $cility, Ib and for any •c1ai brou by Any of tbeir. on probl , iari, &u a s, ;nr. 'lees of Any 1 d that lunyArise out ofthe oottivation, sips LL b on of x s#1 b advent or pfkliby ProPeati Own :4.0ther § 158.004 DEFINITIONS. DWELLING UNIT. A room or group of rooms (including sleeping, eating, cooking, and sanitation facilities, but not more than one kitchen), which constitutes an independent housekeeping unit, occupied or intended for occupancy by one household on a long-term basis. FACILITIES. '.'i 1 .;i -cuir4v-. ..and barested fir j1y a MEDICAL CANNABIS DISTRIBUTION FACILITY. Any facility or location where medical cannabis is distributed as a medication upon recommendation by a physician and where medical cannabis is made available to or distributed by or to a primary caregiver or a qualified patient in strict accordance with the Compassionate Use Act of 1996 (California Health and Safety Code Section 11362.5 et seq.). MEDICAL CANNABIS PROCESSING FACILITY. A facility at which medical cannabis is processed for supply to a MEDICAL CANNABIS DISTRIBUTION FACILITY. MEDICAL CANNABIS. (also known as medical marijuana) Cannabis, including constituents of cannabis, THC and other cannabinoids, used as a physician -recommended form of medicine or herbal therapy. MEDICAL CANNABIS COOPERATIVE OR COLLECTIVE. Any person, association, cooperative, affiliation, or collective of persons who provide education, referral, or network services, and/or facilitation or assistance in the cultivation, processing or distribution of medical cannabis. May 3, 2011 3 164 Ordinance No. 835-C.S. MEDICAL CANNABIS DISTRIBUTIOX The supply to a qualified patient by any person, including a primary caregiver, cooperative or collective, of medical cannabis that is not grown in the qualified patient's residence. MEDICAL CANNABIS PROCESSING. Medical cannabis processing includes, but is not limited to• manicuring, drying, curing, pressing, cooking, baking, infusing, grinding, bagging, packaging, rolling. MEDICAL CANNABIS PROCESSING AREA. The maximum dimensions used for the processing of medical cannabis. For the purpose of this chapter, the allowable processing area shall be the cumulative gross floor area used for processing medical cannabis. Where the processing area occupies the majority of a room or rooms, the processing area shall be calculated as the total gross floor area of the room or rooms used for processing medical cannabis. PRIMARY CAREGIVER. As defined in California Health and Safety Code Section 11362.7 et seq., and as it may be amended from time to time. QUALIFIED PATIENT. As defined in California Health and Safety Code Section 11362.7 et seq., and as it may be amended from time to time. RESIDENCE. A legal dwelling unit. § 158.005 SEVERABILITY If any part of this ordinance is held to be invalid or inapplicable to any situation by a court of competent jurisdiction, such decision shall not affect the validity of the remaining parts of this ordinance. c a jt c l ati tl sal -not• May 3, 20n. 4 165 Ordinance No. 835-C.S. fax personni use parce1eilher Withini- the resideiice occupid by the 4ua1iti1' 1114#64i or in a scLf-contn' arzes.sorY bi4/Wis- wict -enetesekinnd which in for The exc4usivc,* of get4ifte4_04.00:cnitiviOoty of medical kr:10En* 4.§e:,..ihnilLnot. displace „(Tie medical eannaba eu1ttvaion area stilt not:exceed SO-tin:4e feet and (nhariot meeid 10 feet in height pet regidenee, reY4artgets ifuitivaed wm tI resienx. t! PPOPsgIFY1/0114:11leWite8S, arg_!.i°14§.1 ig .914014 • •-• •• tO) Cif ifeniaied: 10:ad** Code.,:theiv (*a 011ialle:'eanitnlat With. Stir Type 113,!thinitnereniAati,-_ ‘cukwaton I; f6j, The medcal rea he: current adOpted edition of the Califonii4 BidBtiddI Coc:1044ti. 120541404*.y4opoi.or (Fetijoi.r.02,3144*.14464***- , • 7 • • • • • • "` ' ' •"'"' • • (217hoeniii‘fion alagitn4tOreiSigi**, :the heath .6F. (safety athe resideins, the residence AN *pointy bnildhigui *hioh t it en1tiaied, r.aiby ippertiin, thrOugh creation -of nicht m3140476 004 gli#4,;1*-4 Okei,,nattioif! gases 4otj ,Iiiiso;-*Fibatiotourroeitinicif4or Ptbei- 0VO f *Ite204411,(*sisgtt-e041*orates: , . 1($), i0:44.0-an'ql(1-0#94044est* 01)**40_91. 41X1).1,. hting -von *eof-extekikiiii99t. oft4iippp.t1.‘44*t110.010/104, ormoo. eappai*, (e g molt*Ogiigeti betty into a-.vitapowor:otherwise. IgiftiwirOCtile. izuppi powerA140t*Ai441400(#54!'..1 the cuItvttion0f*410 10) jmy 4eotricat winn r"e fi /JO D 3111:j. rs-t"111" an-gleetrical ean (i) eeoas�4w*(eg CPs, f6r" m*11 vaUoflis pr4bIbid1mkssaa oUsa1nd4jet8'0-1 _ _ t(12),__Trom.-a riihfor. . ere niall b; exteriorendenr-e • se: - _ .._ • _ *a*-110 .S5-03itig:80 P I 1141-011, )._,,.,, „...9"..,. -11: P43.1.F.Ols O1t1 on' ' .er,fisidenee; up to a tal:of :40. *LINOILCI :-f2) tiii4 *4164 or thc, in seetot A5t.91ookx4X.8).or-0110T*Piirbe*41 y tito Olrectorof c ionitklieveteprnent.- "Sir*ptioll 4.equeit, shat.-kot allow MO*: T'total '‘1;100 0 ':fcetper i4Riati6ii kr***0 itu1tM1ted„....'vri*i4:F01404001* 0.0S(Mijry unn approval efit Exception Ram* May 3, 2011 5 166 ibitt.et;datitm *AD** • 41 :- 44) eF40 of 5i s '..444APtOkkk. Ordinance No. 835-C.S. 7 '7177 " 7747 0:Set I I' .... _ •"-"' 4'6% Aysliarke 00 .-eit tome that one *ha 0-14v. 1,0 ago to 04 SIZO•Of ' ,-,coariatus 6421A ' . J1'the Bxcepton Reiuestinc1udes 14.a:quest" 0g; 0,01(4)(4)()0r :(:- .1.4#0*4-fi1g* Orkir0a, ,i**414#11-v! ;(1,441-0040 .'"tim • p. pp. . , -•:!!"t*Ot „AAP .:4014*0401 _ • eltantin U. 2e, e Ongabis,vidtwattrin 0 haU'b6-1-410)4:06*i.foiIow,ig the date on WFJc4i the 0: 03).$11411 ,0*$:1141,17N41444, caiuiabs ultivatin4S pi$bit WA nsdOEedreJ tor Po*31411,10441,t,a § 158.011 PROCESSING. (A) A qualified patient shall be allowed to process medical cannabis cultivated within his/her- pxivate-resideneeThe -medical cannabis processing -area -shall-noteumulatively exceed 20 square feet per residence. Processing of medical cannabis cultivated at the residence shall be in conformance with the following standards: (1) Only medical cannabis cultivated at the residence in conformance with this chapter shall be allowed to be processed at the residence; May 3, 2011 6 167 Ordinance No. 835-C.S. (2) The residence shall remain at all times a residence with legal and functioning cooking, sleeping and sanitation facilities. Medical cannabis processing shall remain at all times secondary to the residential use of the property; (3) The medical cannabis processing shall be in compliance with the current adopted edition of the California Building Code section 1203.4 Natural Ventilation or section 402.3 Mechanical Ventilation (or its equivalent(s)); (4) The use of gas products (e.g., CO2, butane, etc.) for medical cannabis processing is prohibited; and (5) The processing of medical cannabis shall not adversely affect the health or safety of the residents, the residence or accessory building in which it is processed, or nearby properties through creation of mold, mildew, dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, surface runoff, or other impacts, or be hazardous because of the use or storage of materials, processes, products or wastes. (B) Medical cannabis processing is prohibited as a Home Occupation. Medical cannabis processing shall not be considered a residential accessory use. No sale or distributing of medical cannabis processed for personal use shall be allowed. § 158.012 DISTRIBUTING. Medical cannabis cultivated or processed for personal use as provided for in this chapter shall not be distributed to any person, cooperative or collective unless specifically allowed under this chapter. COOPERATIVES & COLLECTIVES - REQUIREMENTS & REGULATIONS § 158.020 OFFICES AND LABS (A) Offices. Offices for a cooperative or collective at which no cultivation, processing, storage, handling or distributing of cannabis, in any form, occurs shall be allowed in any zoning district in which offices are allowed. Such offices shall be subject to all regulations and standards applicable to offices as prescribed in the Zoning Regulations of the Eureka Municipal Code. (B) Medical Research Labs and Testing Facilities. Medical cannabis research labs or medical cannabis testing facilities at which no cultivation, processing, or distribution of medical cannabis occurs shall be allowed in any zoning district in which laboratories or medical laboratories_. are _permitted._Ruch _.facilities. shall be subject to all regulations._and_staiidards applicable to labs or medical labs as prescribed in the Zoning Regulations of the Eureka Municipal Code. § 158.021 NUMBER OF FACILITIES. (A) There shall be a maximum of four (4) cultivation/processing facilities permitted within city limits. Each of the cultivation/processing facilities shall be allowed one distribution facility located within city limits which may be located separate from or at the same site where the cultivation and processing occurs. May 3, 2011 7 168 Ordinance No. 835-C.S. (B) A maximum of two distribution facilities not associated with any of the four permitted cultivation/processing facilities shall be allowed within city limits. (C) Only those Collectives or Cooperatives invited by the City Council may submit an application for a conditional use permit The City Council shall establish the process for the selection of the Collectives or Cooperatives to be invited to submit an application for a conditional use permit. The City Council may elect to invite fewer than the number described in section 158.021(A) and (B). tATT 4.s 1;bc itidolisprouoio r # tion-or: r assqPIK AP air** :or_p pit as lutscxabed in. tutu* 1 pe for distribution. the medical cannabis; May 3, 2011 8 A. IOW O. g of c pa1 Code The. flAtitilOAPP � s a t 0 .: • k .,4' 169 ro) (or.,PP?sesOlgPf__ Ordinance No. 835-C.S. (41 the, iivoid r_pioOossed ottes1 11014! !:11#q ..,1A9,4410,147.840.t.-*-_011104 ca0P'veMi' _ — $(51 'be hours and days of 'the wee4 C.1111M11111$ ei0i I Vki[1011 ir imoecsiOng 1'.6ility will be open; mbesoflspei slut YA0. - a k4e2,e01VatT9A-43t cprOcespits. *It 110.,P1-10970 iot 10ited tcr.ijgjitg an Oita - - w etromoitoolflot 16) f =nuts te et e ell!ra..136P 513111-.tikei*Ith*n The m4quantq et* the 14. wdiat eamabis sbe' ited :411 tittwith 4417 oher • oo.•,roggite_d 13.5-11i0F44.elev..,!ingf? 121044aTet he subject to kbo if* ;• Eisin coompliatice'wi 402;1 me Wei °47.611" ' taraiV42 or StOtit31 wb telg * 13t64 etztop„. 1211? Na. 'I — a- or tootogsing €4,0sON4k :0111* PfkAb10*:::IIt*014-cjt ...1C 01.00****ie of i; ‘7' . '. ' ' ' iitt,41:- 11, (iii---i)ii&ibi' . 9 Fhe::10341.04:.iitoft-street,**" haR be rn.,i4OPL-1... ,,..,...,_41* kPa441#4111***04...,..... *4v : ki#4.441 Code;- '1054*IiniiiA7..*.itiwi-bk om the ' - !k" pia1s �rgraphc.rqrcsenta1ions 01.c*-01.1#0114,4i.::„ (7) 'Li:there 1. be 24Wertis' *cti Ss !1l11 not be lama- thaia t square -feet Signs shall not be internally illuminated; May 3, 2011 9 170 Ordinance No. 835-C.S. ):ft--ZYJAVIS ;nya a4i� P.IPAPOWL. Ons'Oriven e3W$ _ 0,1tivAlidii teprotesamt nLdJL.al Larnab1s dittritOcair 1401fily shi11 notdisbutemecLjcaI roCIto unIos vonittein ,Fststat _Ma oryeft 41+ Cneaby oPertlesbiogb 01-4 sm AultAvaikkgiatessA (1004#-, 1004.: At, '':44444144*.' “CtR.IPk_ ich:k.*-000614,1**il?#"4: 0109tis4414 casiIitibt****M90.4' • - 777-7 4-4 C SIX: Or VW, tzpidod 4 P t4cfel: ,T4Y0I iy4014.,ii(M 4,4*,jr Eurek-a-Munieipal-Code; — Attf,Flik vittori propest 4, 7 voiy- .9*( ..use permits in the ---- • • Polk •b coiiath tre1004t.fot4.:n•-• may 3, 2011 1 0 171 -Porte it l _ i perm kc ti atiw;3; x p ressing foraitylgw opals .be %ed aimdimoiandilie con Ordinance No. 835-C.S. the, eeified,- 4130, 14 fOr'km4n1cOhol. urn, § 158.023 DISTRIBUTING. (A) Mobile distribution of medical cannabis, other than delivery services described and regulated by section 158.024, is prohibited within city limits. (B) A medical cannabis distribution facility located on Broadway, 4th or 5th Streets shall not have a storefront or the patient entrance facing Broadway, 4th or 5th Streets. (C) Medical cannabis distribution facilities shall only be allowed upon the granting of a conditional use permit as prescribed in the Eureka Municipal Code. The fact that an applicant possesses other types of state or City permits or licenses does not exempt the applicant from the requirement of obtaining a conditional use permit to operate a medical cannabis distribution facility. (D) In addition to the conditional use permit required under section 158.023(C), a distribution facility located in the coastal zone shall only be allowed upon the granting of a coastal development permit as prescribed in of the Eureka Municipal Code. (E) In addition to the application requirements specified for a conditional use permit, an application for a conditional use permit for a distribution facility shall include the following information: (1) Authorization for the City, its agents and employees, to seek verification of the information contained within the application; (2) Text and graphic materials showing the site and floor plan for the distribution facility including the use of each room or building on the premises. The material shall also describe or illustrate the location and uses of adjacent structures and properties; (3) The hours and days of the week the distribution facility will be open; (4) The number of persons, per shift, who will be working at the distribution facility; (5) The security measures that will be employed at the premises, including but not limited to: lighting, alarms, and automatic law enforcement notification; (6) The chemicals stored or used at the premises; (7) The type and quantity of all effluent discharged into the City's wastewater and/or stormwater system; (8) The name, location and operator of the cultivation or processing facility(ies)supplying the medical cannabis to the distribution facility; Maya, 2011 11 172 checks; controls; for qualified patients; procedures; and Ordinance No. 835-C.S. (9) A detailed Operations Manual containing, at a minimum, (a) The staff screening process including appropriate background (b) The process for tracking medical cannabis quantities and inventory (c) A description of the screening, registration and validation process (d) A description of qualified patient records acquisition and retention (e) The process for tracking medical cannabis quantities and inventory controls including on -site cultivation, processing, and/or medical cannabis products received from outside sources; following, (10) A detailed Cannabis Safety Program, which includes at a minimum, the (a) The process for documenting the chain of custody of all cannabis and cannabis products from farm to patient; (b) The procedure and documentation process for assuring the safety and quality of all medical cannabis and medical cannabis products effective January 1, 2011, (including, but not limited to, testing for bacteria, mold, pesticides and other contaminants); and (c) The procedure and documentation process for determines patient dosage including testing for the major active agents in the medical cannabis effective January 1, 2011 (e.g., cannabinoids THC, CBD and CBN). (11) Any other information required by the Director of Community Development that is relevant to the ordinance. (F) Distribution facilities shall be subject to the following specific regulations: (1 DiAibution •.i is a'Ssoc ated •with ',:cultivatioitor orticess f l< pursues to,. § 158.021, (A) slaafl.only dispeie copilots cultivated and nrocessed at the associited plit.v on:or process 0r ees es i etail • :n.tlae contWozalise p. IPA* al No distribution facility shall be located within 1000 feet of any existing park, playground, day care facility, school, or similar facility that primarily serves children under 18 years of age, either inside or outside the city limits; al The distribution facility shall consist of a business form that satisfies state law to act cooperatively or collectively in the acquisition and distribution of medical cannabis; May 3, 2011 12 173 Ordinance No. 835-C.S. O The distribution facility shall display the client rules and/or regulations in a conspicuous place that is readily seen by all persons entering the distribution facility; al Each building entrance to the distribution facility shall be clearly and legibly posted with a notice indicating that smoking, ingesting or consuming medical cannabis on the premises or in the vicinity of the distribution facility is prohibited unless specifically authorized under the conditional use permit; Each building entrance to the distribution facility shall be clearly and legibly posted with a notice indicating that persons under the age of eighteen (18) are precluded from entering the premises unless they are a qualified patient and/or they are under the supervision of their parent or legal guardian; The distribution facility shall only distribute medical cannabis to a qualified patient who has a valid, verified physician's recommendation, or the patient's primary caregiver. The distribution facility shall verify that the physician's recommendation is current and valid; The distribution facility shall not distribute medical cannabis to a qualified patient or primary caregiver more than twice a day; (2) The distribution facility shall only permit the distribution of live plants, starts and clones as allowed by the approved conditional use permit. Such distribution shall be limited to qualified patients or primary caregivers; (10) The on -site display of cannabis plants visible from the outside shall be prohibited, including live plants or graphic representations of the cannabis plant; facility; (11) There shall be no off -site signage advertising the medical cannabis 1 Sim shall nobs l r Sri 6 re etq (13) Signs shall not be internally illuminated; (14) There shall be no signage on the frontage of buildings facing Broadway, 4th or 5th Streets, or in front of buildings facing Broadway, 4th or 5th Streets; (15) The display or sale of paraphernalia employed in the use or consumption of medical cannabis _shalt _not _be.. allowed at the distribution facility unless specifically prescribed in the approved conditional use permit; (16) The required number of off-street parking spaces shall be determined by the Planning Commission. The location of off-street parking shall be in compliance with the parldng regulations prescribed in the Eureka Municipal Code; (17) Distribution facilities shall maintain all necessary permits, and pay all appropriate taxes; May 3, 2011 13 174 Ordinance No. 835-C.S. (18) Distribution facilities shall provide invoices to vendors to ensure vendor's tax liability responsibility; (19) The distribution of medical cannabis shall not adversely affect the health or safety of the employees or the facility in which it is distributed, or nearby properties through creation of mold, mildew, dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or he hazardous because of the use or storage of materials, processes, products or wastes; (20) Each and every package or unit of medical carmabis, or medical cannabis product, distributed shall have a label or labels that state the following: (a) The name of the patient; (b) The name and contact information of the distributor; (c) An identification and tracking number for the specific package or unit of medical cannabis, or medical cannabis product; (d) The species or strain of the medical cannabis; (e) Identification of the strength and dosage of the medical cannabis; (f) A statement that the medical cannabis or medical cannabis product has been tested for safety and quality assurance and that the testing results, and chain of custody information is available by contacting the distributor; (21) There shall be no on -site use or consumption of medical cannabis unless specifically authorized in the conditional use permit; and (22) Distribution facilities shall comply with other conditions prescribed in the approved conditional use permit. (G) In addition to the findings specified for a conditional use permit, the Planning Commission shall consider the following when deciding to approve a conditional use permit for a distribution facility: (1) If the proposed distrbution facility is within 300 feet of a residential zoning district either inside or outside the city limits, tb.e potential impacts of the distribution facility on the residents and infrastructure of that istricl;_an4 (2) If the proposed distribution facility is within 1000 feet of any other distribution facility, either inside or outside the city limits, the cumulative impacts of the proposed distribution facility on the residents, businesses and infrastructure in the vicinity of the proposed distribution facility. (H) The conditional use permit granted for a distribution facility may be suspended or revoked based on a finding that the facility has a history of multiple or any serious violations of May 3,2011 14 175 Ordinance No. 835-C.S. this ordinance, or as otherwise prescribed for all other conditional use permits in the Eureka Municipal Code. (I) The rights of an approved conditional use permit for a distribution facility shall be granted to the permittee at the specified location described in the conditional use permit. The conditional use permit for a distribution facility shall not be transferred to another permittee or to another location. (J) The conditional use permit shall remain in effect as long as the specified distribution facility is in operation. A facility that ceases operation for one month or more shall be deemed abandoned and the conditional use permit shall terminate. § 158.024 DELIVERY SERVICES (A) A medical cannabis delivery or transportation service that is associated with ti permitted distribution facility located within city limits and for which delivery originates from the distribution facility shall only be allowed when the delivery service is described and included in the conditional use permit for the distribution facility. (B) Delivery or transportation services originating from outside city limits and delivering medical cannabis within city limits shall only be allowed upon the granting of a Mobile Business License. (C) Delivery or transportation services originating from within city limits, but not from a permitted distribution facility are prohibited. § 158.025 INSPECTION AND MONITORING (A) The Community Development Department shall inspect each medical cannabis facility on or before January 31st of each calendar year to assure compliance with the approved conditional use permit. The Community Development Department inspector shall be granted access to all parts of the facility. All records kept pursuant to the approved conditional use permit shall be open for visual inspection. (B) The permittee shall submit to the City on or before January 31st of each calendar year an annual inspection fee set by resolution of the City Council. (C) If the permittee fails to submit the inspection fee, refuses inspection, or if the inspection finds that the facility is not being operated in compliance with the approved conditional use permit, the conditional use permit shall be subject to revocation pursuant to the provisions of section 155.294. PERMITS § 158.030 FEES AND TAXES The costs to the City arising from the processing and oversight of Exception Requests under section 158.010, subdivision (B) and permits for Cooperatives and Collectives and Distribution Facilities under sections 158.022 and 158.023, and the costs of monitoring and May 3, 2011 15 176 Ordinance No. 835-C.S. ensuring compliance with this Ordinance, will be offset through application fees and annual renewal fees, to be adopted by the City Council by Resolution and updated as necessary from time -to -time. In the administration of the permitting requirements under this Ordinance, the City Manager, or his designee, may require as a condition to granting and renewal of the permits any information reasonably necessary to implement the intent of this Ordinance, to ensure that the cannabis handled under the permit is grown, processed or distributed in a manner not in conflict with this Ordinance, and to ensure that any and all related sales taxes are being properly reported and paid. § 158.031 EM?ORCEMENT Any violation of this Ordinance is subject to administrative, civil, or criminal penalties, as set out in Eureka Municipal Code section 10.99, in addition to being subject to other remedies provided by law, including but not limited to, injunctive relief, nuisance abatement action, summary abatement of immediately hazardous conditions, and all other applicable fines, penalties and remedies. This is an Ordinance adopted to address public health and safety issues, and as such, carries with it an express legislative intent to be interpreted strictly, enforced with an emphasis on public and community safety, and enforced rigorously in a manner such as to deter further violations. NON -MEDICAL USE — REQUIREMENTS & REGUATLIONS •de. * c r #?tug ,', ascatiOv g a i fs + "ra do for It uiposes, ent pr b a Can with the UM .R q � trans pr`esc d ;)1'0,0 on$ i2 Maya, 2011 16 177 ORDINANCE NO. 2010-08 AN ORDINANCE OF THE CITY OF SANTA CRUZ AMENDING TITLE 24 OF THE SANTA CRUZ MUNICIPAL CODE MODIFYING STANDARDS FOR MEDICAL MARIJUANA DISPENSARIES BE IT ORDAINED by the City Council of the City of Santa Cruz as follows: Section 1. Title 24 of the Santa Cruz Municipal Code is hereby amended as follows: IG Zone District 24.10.1510 USE PERMIT REQUIREMENT. 1. The following uses require an administrative use permit and are subject to other applicable requirements of the Municipal Code. (Numerical references at the end of these categories reflect the general use classifications listed in the city's land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses.) a. Agriculture (000); b. Auto services and repairs, including trucks, heavy equipment and auto towing, subject to performance standards in Section 24.12.900 (350); c. Boat repairs (340D); d. Churches (500); e. Communication and information services (550); f. Community organizations, associations, clubs and meeting halls (570); g. Eating and drinking establishments, subject to live entertainment and alcohol regulations of Chapter 24.12 (280); h. Educational facilities (public/private) (510); i. Fabricated metal products (150); j. Food and beverage stores (except liquor and convenience stores) (240); k. Forestry services (010); 1. Government and public agencies (530); m. Leather tanning (110); n. Off -site public/private parking facilities, five or more spaces (930); o. Other manufacturing and processing industries (except bulk petroleum, scrap and waste materials) (155); p. Parks (700); q. -'Slone; clad ;-glass-products (140); r. Temporary structures; s. Transportation facilities (560); t. Utilities and resources (540); u. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12. 2. The following uses require a special use permit and are subject to other applicable requirements of the Municipal Code. All industrial classifications from 125 to 145 shall comply with all performance standards listed in Part 2 of the Environmental Resource Management provisions. (Numerical references at the end of these categories reflect the general use 178 ORDINANCE NO. 2010-08 classifications listed in the city's land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses.) a. Building material/garden supply stores (220) with 40,000 square feet or more inchmling indoor floor area and outdoor storage, display, or sales areas. For building materials/garden supply stores of which 50% or more of the square footage will occupy an existing building, this threshold will be 75,000 square feet including indoor floor area and outdoor storage, display, or sales areas so long as vacant, available space in existing buildings in the IG zone exceeds 400,000 square feet. When the vacant, available square footage is less than 400,000 square feet, the 40,000 square foot threshold will apply; b. ChernicRls and allied products, subject to performance standards (130); c. Large family daycare; d. Group quarters (850); e. Multiple dwellings or condominiums subject to R-M district regulations (830, f Nightclubs/music halls, subject to live entertainment and alcohol regulations of Chapter 24.12 (630); g. Paper and allied products subject to performance standards (125); h. Parks and recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720); i. Primary metals and material subject to performance standards (145); j. Rubber, plastic, miscellaneous materials and products subject to performance standards (135); k. Medical marijuana provider association dispensaries, as defined in Section 24.22.539 and subject to the siting criteria and performance standards in Section 24.12.1300; 1. Single -room occupancy (SRO) housing (860) under the following conditions: (1) The site is located within one -quarter mile, (1,320 feet), of a grocery store. (2) The lot size is less than 6,000 square feet. (3) The SRO is part of a mixed use project, sharing the site and/or building with a use that is allowed under Section 24.10.1505, Principal Permitted Uses, is in conformance with Section 24.10.1540.2, and complies with the following requirements: (a) The SRO development and the mixed use business are under one ownership. (b) The amount of building space occupied by the non-residential use is either at a minimum equal to the SRO or residential use or the non-residential use occupies the entire ground floor of the development. (4) Ambient interior noise levels can be mitigated below 45 decibels, (5) Air quality on and around the site, including odors resulting from adjacent land uses, isntcn5deedpohealth hazard and/or objectionable to residential use. _( (Ord. § 12, 2005: Ord. 2005-15 § 14, 2005: Ord. 2004-27 § 12, 2004: Ord. 2004-24 § I (part), 2004: Ord. 2002-02 § 1 (part), 2002: Ord. 2000-12 § 4, 2000: Ord. 96-39 § 23, 1996: Ord. 95-04 § 8, 1995: Ord. 93-21 § 10, 1993; Ord. 89-37 § 2, 1989; Ord. 88-26 § 14, 1988; Ord. 87-22 § 8, 1987: Ord. 85-05 § 1 (part), 1985). 840); 2 179 ORDINANCE NO. 2010-08 24.10.1830 USE PERMIT REQUIREMENT. I. The following uses are subject to approval administrative use permit and a design permit: a. Daycare and foster homes for children; b. Eating and drinking establishments; c. Foster family homes; d. Guest ranches; e. Off-street parking facilities accessory and incidental to an adjacent commercial use; f. Temporary structures; g. Veterinary hospitals and clinics; h. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140. 2. The following uses are subject to approval of a special use permit and a design permit: a. Agricultural processing plant; b. Group care homes; c. Helipads; d. Institutions for children or the aged; e. Kennels and riding stables; f. Off-street parking facilities serving commercial districts within three hundred (300) feet of the site; g. Outdoor theaters, golf driving ranges, and other similar open-air commercial recreation facilities; h. Public and private noncommercial recreation areas, buildings and facilities such as parks, country clubs, golf courses, and riding, swimming and tennis clubs; i. Public and quasi -public buildings and uses including administrative, recreational, educational, religious, cultural, public utility or public service uses; but not including corporation yards, storage or repair yards, and warehouses; j. Quarters, accommodation, or areas for transient labor, such as labor cabins or labor supply camps; (Ord. 2000-12 § 5, 2000: Ord. 88-60 § 29, 1988; Ord. 88-26 § 15, 1988: Ord. 85-05 § 1 (part), 1985). 24.22.539 MEDICAL MARIJUANA PROVIDER ASSOCIATION DISPENSARIES. t a nonresiden occupotcy t #e ati ,- and .,nn1'r leappilitOnt p Y _ or, pint to AU notbe be e_pe i a (Ord. 2000-12 § 7, 2000). 3 180 ORDINANCE NO. 2010-08 24.12.1300 SPECIAL USE PERMIT REQUIREMENT FOR MEDICAL MARIJUANA PROVIDER AS SOCIATION DISPENSARIES. 1. Special Use Permit Required. Medical marijuana provider association dispensaries, as defined by Section 24.22.539, may be allowed in C-C (Community Commercial), C-T (Thoroughfare Commercial) and I-G (General Industrial) districts, provided that they meet the siting criteria and performance standards described below and are so authorized pursuant to the procedures described in Section 24.08.040 for a special use permit. Special use permits shall be limited to no more than two dispensaries operating within the City of Santa Cruz and shall include the following conditions and operating procedures, in addition to the other requirements set forth in Sections 24.10.700 through 24.10.750 (for C-C Districts), 24.10.900 through 24.10.950 (for C-T Districts), and 24.10.1500 through 24.10.1540 (for I.G. Districts). 2. Siting Criteria. Applicants for a special use permit for a medical marijuana provider association dispensary must meet the following siting criteria prior to city consideration of a special use permit application: a. The proposed location shall lie within a Community Commercial (C-C), Thoroughfare Commercial (C-T), or General Industrial (1-G) District. b. If the proposed location is located within fifty feet of any legal dwelling unit or other residential use, the applicant shall be required to demonstrate to the zoning board that the use would not create an intensity of use that is incompatible with the nearby residential use and that the association would employ security measures that would insure that the use would not adversely affect the security and safety of the residential uses. c. The proposed location shall not be located within six hundred feet of any residential zone district, any other medical marijuana provider association dispensary establishment, any public or private educational establishment serving persons under the age of 18 years, a public park with a children's playground, an alcohol or other drug abuse recovery or treatment facility, or any community care residential facility providing mental health/social rehabilitation services. For the purpose of this subsection, the six--hundred-foot distance requirement shall be measured from the periphery of the property boundary of such establishments. With respect to a public park with children's playground, the six-h.xndred-foot distance shall be measured from the periphery of the playground area. d. The planning commission or the city council on appeal, may grant an exception to the six -hundred -foot distance requirement between the medical marijuana provider association dispensary and the above -referenced uses, except in the case of proximity to public educational uses, only if findings are made that the general public benefit that could be served by the issuance of the special use permit would outweigh concerns regarding intensity of use, land use ..cotnpatibiiity_and public_healt-and-safety The -burden -of proof isnn the.Applicant to - demonstrate that the overall effect would be positive. 3. Performance Standards Medical marijuana provider association dispensaries, once permitted, shall meet the following operating procedures and performance standards for the duration of the use: _ 4 181 ORDINANCE NO. 2010-08 b. of t 1 *eta t opera.* a r 1 t die _ iiisitx** 1.484jeatuilioieq ' b ? # :ootnv r e: [c1img eottion `inetiipak niatii$04tspensatiO OW Inc 209 'ee t fi 9O Pere x c. Dispensaries may possess no more dried marijuana or plants per qualified. member 1patient or caregiver than permitted in strict accordance with State Law.he: the _ d. No product shall be smoked, ingested or otherwise consumed on the premises. e. The hours of operation shall be limited to no more than 7:00 AM to 7:00 PM, Monday through Friday if located within fifty feet of a residential use, and shall be limited to no more than 7:00 AM to 7:00 PM Monday through Saturday if located at a distance greater than fifty feet from a residential use. f Parking shall be provided according to the standard for retail pharmacy use as set forth in Section 24.12.240(aa). In addition to that requirement, whenever feasible, a passenger drop-off and pick-up parking zone shall be provided on the premises or immediately adjacent to the site. In no case shall double-parking by clients, caretakers, visitors or delivery vehicles be permitted. g. The association shall prohibit loitering by persons outside the establishment, either on the premises or within fifty feet of the premises. h. The association shall provide litter removal services each day of operation on and in front of the premises and, if necessary, on public sidewalks within fifty feet of the premises. i. The association shall provide adequate security on the premises, including lighting and alarms, to insure the safety of persons and to protect the premises from theft. j. Exterior lighting of the parking area shall be kept at a sufficient intensity so as to provide adequate lighting for patrons, while not disturbing surrounding residential or commercial areas. k. Signage for the establishment shall be limited to one wall sign not to exceed twenty square feet in area, and one identifying sign not to exceed two square feet in area; such signs shall not be directly illuminated. 1. The association shall provide the zoning administrator, the chief of police and all neighbors located within fifty feet of the establishment with the name, phone number and facsimile number of an on -site community relations staff person to whom one can provide notice if there are operating problems associated with the establishment. The association shall make every good faith effort to encourage neighbors to call this person to try to solve operating problems, if any, before any calls or complaints are made to the police department or the zoning administrator. m. The association shall post a copy_of the conditions of approval for the special use_ permit on the premises in a place where it may be readily viewed by any member of the general public. n. The association shall meet any specific additional operating procedures and measures as may be imposed as conditions of approval by the zoning board or zoning administrator at the time of issuance of the special use permit in order to insure that the association will be a good neighbor. o. In addition to the required application materials, the association shall submit an operations manual to describe the operation of the facility in conformance with these performance standards and Chapter 6.90, Personal Medical Marijuana Use. 5 182 ORDINANCE NO. 2010-08 4. Findings. In approving a special use permit, it shall be determined by the hearing body that all of the following apply: a. The proposed use complies with all of the mandatory requirements of this section and other applicable sections of this code and applicable policies of the General Plan; b. The proposed use will not adversely affect the health, safety or welfare of area residents or businesses, or uses, or will not result in an undue concentration in any one neighborhood or district and will not be located within proximity of an incompatible use, such as a children' s school, day care facility or children's' play area; c. The operational characteristics of the proposed use, such as hours of operation, noise, odor, amount and location of parking, signage, loitering and litter, will not have a negative impact upon the surrounding area; d. The proposed use is compatible with the sizes and types of other neighboring uses in the surrounding area, particularly those used primarily by persons under the age of 18; e. The proposed use is not located in what has been determined by the Santa Cruz police department to be a high -crime area, where a disproportionate number of police service calls occur, or where there is currently parking congestion; and f. The proposed use, as a nonresidential occupancy, shall meet all the building code requirements for such occupancy and, if proposing to locate in a legal dwelling unit, shall comply with all local standards, requirements and provisions for converting dwelling units to nonresidential use. 5. Conditions. The planning commission, or city council on appeal, may deny any application which is inconsistent with the above -noted findings, or may impose any addition's conditions on the applicant or proposed location reasonably related thereto, or to the health, safety or welfare of the community, in addition to the specific requirements set forth in Section 24.12.1300. 6. Violations and Abatement. The zoning administrator may issue a cease and desist order or "stop order" for all activities subject to this special use permit for any establishment deemed by the zoning administrator to he in violation of any condition of approval of the special use permit or to otherwise constitute a public nuisance. The stop order shall be in effect immediately, pursuant to the pro ure of SSc.1ion24114,221. Up9i.issuancc. ihertop mkt, the zing administrator shall schedule a public hearing to consider the revocation of the special use permit pursuant to Section 24.04.225. (Ord. 2000-12 § 6, 2000). 6 183 ORDINANCE NO. 2010-08 Section 2. This Ordinance shall take effect and be in force thirty (30) days after final adoption. PASSED FOR PUBLICATION this 9th day of March, 2010, by the following vote: AYES: Councilmembers Lane, Mathews, Beiers, Madrigal, Robinson; Mayor Rotkin. NOES: None. ABSENT: Vice Mayor Coonerty. DISQUALIFIED: None. APPROVED: ss/Mike Rotkin, Mayor ATTEST: ss/Lorrie Brewer, City Clerk PASSED FOR FINAL ADOPTION this day of , 2010, by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: ATTEST: APPROVED: City Clerk This is to certify that the above and foregoing document is the original of Ordinance No. 2010-08 and that it has been published or posted in accordance with the Charter of the City of Santa Cruz. City Clerk 7 Mayor 184 ORDINANCE NO.75S AN ORDINANCE OF THE TOWN COUNCIL. OF THE TOWN OF FAIRFAX REGULATING MEDICAL MARIJUANA DISPENSARIES, TOWN CODE CHAR 17.100 The Town Council of the Town of Fairfax does hereby ordain as follows: SECTION 1: TOWN CODE AMENDED The following is added as a new Chapter 17.110 of the Town Code: 17.110.010 Purpose and Intent. It Is the purpose and intent of this chapter to regulate medical marijuana (cannabis) dispensaries in order to promote the health, safety, morals, and general welfare of residents and businesses within the Town. Interpretation and Applicability. (A) No part of this ordinance shall be deemed to conflict with federal law as contained in the Controlled Substances Act, 21 U.S.C. section 800, et seq., or to otherwise permit any activity that is prohibited under that Act or any other local, state or federal law, statute, rule or regulation. The distribution of medical cannabis in the Town of Fairfax is controlled by the provisions of this chapter of the Fairfax Town Code. (B) Nothing in this ordinance is intended, nor shall it be construed, to limit the provisions of Chapter 9.6 of the Fairfax Town Code, or to limit the right to use or possess marijuana for medical purposes, or to limit any defense to criminal prosecution otherwise afforded by California law. (C) Provided compliance is maintained with this ordinance, nothing in this ordinance is intended, nor shall it be construed, to preciude a landlord from limiting cannabis cultivation, smoking or other related activities by tenants otherwise permitted by law. (D) Nothing in this ondinance is intended, nor shall It be construed, to exempt any cannabis related activity from any and all applicable local and state construction, electrical, plumbing, land use, or any other building or lend use standards or permitting requirements. __(E} Nothing is this ordinance is intended, nor shall it be construed, to male el any cultivation, transportation, sale, or other use of cannabis that is otherwise prohibited under California law. (F) All sale and distribution of medical cannabis within Town limits shall be subject to the provisions of this chapter, regardless if the processing or distribution existed or occurred prior to adoption of this chapter. Ord 759 Marijuana emulations 5 4 11.doc 1 185 17.110.020 Definitions. For the purpose of this chapter, the following words and phrases shall mean: (A) "Accessory building" shall have the same meaning as set forth in Town Code Section 17.08.020. (B) "Applicant" means a person who is required to file an application for a permit under this chapter, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of a dispensary. (C) "Town" means the Town of Fairfax. (D) "Town Manager" means the Town Manager of the Town of Fairfax or the authorized representative thereof. (E) "Identification card" shall have the same definition as California Health and Safety Code Section 11382.7, and as may be amended. (F) "Medical cannabis dispensing collective," shall be construed to include any association, cooperative, affiliation, or collective of persons where multiple qualified patients and/or primary care givers are organized to provide education, referral, or network services, and facilitation or assistance in the lawful, retail distribution of medical cannabis. (G) "Medical cannabis patient collective," shall be construed to include any association, cooperative, affiliation, or collective of persons where multiple qualified patients and/or primary care givers are organized to provide education, referral, or network services, and facilitation or assistance in the lawful, but not retail, distribution of medical cannabis. (H) °Dispensary" means any medical cannabis dispensing collective, any medical cannabis patient collective, or any facility or location where the primary purpose is to dispense medical cannabis (Le., marijuana) as a medication that has been recommended by a physician and where medical cannabis is made available to and/or distributed by or to two or more of the following: a primary caregiver and/or a qualified patient, In strict accordance with California Health and Safety Code Section 11362.5, et seq. A dispensary shall not include dispensing by primary caregivers to qualified patients in the following locations and uses, as long as the location of such uses are otherwise regulated by this Code or applicable law: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, 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, residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code, a residential hospice, or a home -health agency1icensed pursu C i-ap of DMssn / of the Health and Safety Code, as long as any such use complies strictly with applicable law including, but not limited to, Health and Safety Code Section 11382.5, et seq., or a qualified patient's or caregiver's place of residence. (I) "Permittee" means the person (1) to whom a dispensary permit is issued and (2) who is identified in California Health and Safety Code Section 11362.7, subdivision (c), (d), (e) or (f). Ord 759 Marijuana Regulations 5 4 11.doc 2 186 (.l) "Person" means any indMduaf, partnership, co -partnership, firm, association, joint stock company, corporation, limited liability company or combination of the above in whatever form or character. (K) "Person with an identification card" shall have the same definition as set forth in California Health and Safety Code Section 11362.5, et seq., and as it may be amended from time to time. (I_) "Physician' shall Include licensed medical doctors (M.D.) and doctors of osteopathic medidna (D.O.) as defined in the California Business and Professions Code. (M) "Primary caregiver shall have the same definition as setforth in California Health and Safety Code Section 11362.7, and as it may be amended from time to time. (N) "Qualified patient shall have the same definition as set forth in California Health and Safety Code Section 11362.7, et seq., and as it may be amended from time to time. CO) "School" means any public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, but does not Include any private school in which education is primarily conducted in private homes. 17.110.030 Dispensary Permit Required to Operate. It is unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the Town the operation of a dispensary unless the person first obtains and continues to maintain in full force and effect a dispensary Use Permit from the Town as required in this chapter. 17.110.040 Term of Permits -and Renewals Required. (A) A Use Permit issued under this chapter shall expire two years following the date of its issuance. (B) A Use Permit may be renewed by the Director of Planning for additional two-year periods upon application by the permittee, unless the permit is suspended or revoked in accordance with the provisions of this chapter. (C) Applications for renewal shall be made at least 45 days before the expiration date of the permit and shall be accompanied by a nonrefundable application fee as specified in section 17.11 0.060. Applications for renewal shall be acted upon in the same manner provided herein for applications for permits. (D) Applications for renewal made less than 45 days before the expiration date shall not stay the expiration date of the permit. — (E) Permits may be revoked or suspended by the Town, as provided in this chapter and Town Code. 17.110.060 General Tax Liability. Asa prerequisite to obtaining a permit pursuant to the terms of Chapter 17.110, an operator of a dispensary shall also be required to apply for and obtain a Business Ord 759 Marijuana Regulations 5 4 11.doc 3 187 License as required by the State Board of Equalization. Dispensary sales shall be subject to sales tax consistent with California law. 17.110.060 Imposition of Fes. Every application for a permit or renewal shall be accompanied by an application fee, the amount of such fee to be established and revised from time to time by resolution of the Town Council. This application or renewal fee shall not Include the cost of fingerprinting, photographing, and background checks, which shall be in addition to any other business license fee or permit fee imposed by this code or other governmental agencies. 17.110.070 Limitations an Number of Dispensaries. The Planning Commission may not grant or cause to be granted more than three (3) permits for medical cannabis dispensaries in the Town, in compliance with the provisions of this chapter, and/or prior to adoption of the provisions of this chapter. 17.110.080 Limitation on Location of Dispensary. (A) A dispensary shall be located only within a Central Commercial CC, Highway Commercial CH, and Light Commercial CL area, as designated in the General Plan and Zoning map. (B) The primary entrance shall be located and maintained free of barriers, landscaping and similar obstructions so that it is visible from public streets, sidewalks or driveways. (C) A dispensary shall not be allowed in the following areas at the time of its permitted establishment (I) Within 600 feet of a school; or (2) Within any residentially -zoned parcel or within any parcel with a primarily residential land use; or (3) On a parcel directly abutting a residentially -zoned property, unless there is a fence or an intervening natural landform between the commercial property and the residential property such as a creek or significant undeveloped parcel of land. (D) The distance between a dispensary and areas of the above listed uses shall be made in a straight line from the boundary line of the property on which the dispensary is located to the boundary of the property on which the facility, building or structure, or portion of the building or structure of the above listed use is located. (E) A waiver of the provisions in subsection (C)(2) or (C)(3) of this section may be granted if, on plans and materials presented for review, the applicant demonstrates and the Planning Commission determines that a physical barrier or similar condition exists which achieves the same purpose and intent as the distance separation requirements established herein. 17.110.090 Operating Requirements. Ord 759 Marijuana Regulations 5 411.doc 4 188 Dispensary operations shall be established and managed only in compliance with the following standards: (A) Criminal History. No applicant, his or her agent or employees, volunteer workers, or any person exercising managerial authority of a dispensary on behalf of the applicant shah have been convicted of a felony, or of a misdemeanor involving moral turpitude, or is on probation for a drug offense, or engaged in misconduct related to the qualifications, functions or duties of a permittee. A •conviction within the meaning of this section runs a plea or verdict of guilty or a conviction following a plea of no contest. The Police Chief, in'his or her discretion, may require a dispensary to conduct annual criminal background check for all employees to ensure compliance with this paragraph. (B) Minors. (1) It is unlawful for any permlttee, operator, or other person in charge of any dispensary to employ any person who is not at least 18 years of age. (2) Persons under the age of 18 shall not be allowed on the premises of a dispensary unless they are a qualified patient, and they are in the presence of their parent or guardian. (3) The entrance to a dispensary shall be dearly and legibly posted with a notice indicating that any person under the age of 18 is precluded from entering the premises unless such person is a qualified patient and is in the presence of his/her parent or guardian. (C) Operating Hours. Unless the reviewing authority imposes more restrictive hours due to specific considerations for a particular application, a dispensary shell only be operated within the following days and hours: (1) 9:O0 a.m. to 9:00 p.m. (2) Christmas Day, Thanksgiving Day, New Years Day, Memorial Day, Labor Day, and 4th of July: closed. (D) Dispensary Size and Access. (1) The dispensary size shall not exceed 1,500 square feet exclusive of restroom facilities, unless specifically authorized by the approving authority. Dispensary size shall be limited, as deemed appropriate and necessary, to best serve patient needs within the intent of this chapter and to reduce potential adverse impacts that might otherwise occur on surrounding neighborhoods, businesses and Town services. (2) A dispensary shall not be increased in size without a prior approval amending the existing dispensary penult. (3) __ DiWensary personraii iheAFrnonir site actf vaty, controlloftering and site access. (4) Only dispensary staff, primary caregivers, qualified patients and pions with bona fide purposes for visiting the site shall be permitted at a dispensary. (5) Potential patients or caregivers shall not visit a dispensary without first having obtained a valid written recommendation from their physician recommending use of medical cannabis. Ord 759 Marijuana Regulations 3 4 11.doc 5 189 (6) Only a primary caregiver and qualified patient shall be permitted in the designated dispensing area with dispensary personnel. NI other authorized visitors shall remain outside, or in a designated waiting area in the front entrance/lobby. (E) That adequate parking will be provided in accordance with Town Code section 17.052.030(F) for retail and personal service stores at a rate of three (3) spaces for the first 500 square of gross floor area and one (1) space for each additional 500 square feet thereafter. (F) Dispensary Supply. A dispensary may possess no more than one ounce of dried cannabis per qualified patient or primary caregiver. However, if a qualified patient or primary caregiver has a physician's recommendation that this quantity does not meet the qualified patient's medical needs, the dispensary may possess an amount of cannabis consistent with the patient's needs. (G) Dispensing Operations. (1) A dispensary shall only dispense to qualified patients or caregivers with: (a) A currently valid California Medical Marijuana Identification Card issued by the State of California, a county or a county -designated entity in accordance with California Health & Safety Code Section 11362.7 ("Identification Card"); or (b) A current, written physician's recommendation that is confirmed by telephone. The permittee shall maintain a written record of the telephone verification, including the name of the employee who made the telephone call and the name and contact information of the person who verified the physician's recommendation. (2) A dispensary shall not have a physician on -site to evaluate patients and provide a recommendation for medical cannabis. (H) Record Keeping. (1) Patient Records. Patient records shall be maintained and verified as needed, and at least annually verified with the qualifying patient's medical doctor or doctor of osteopathy unless the patient has provided an Identification Card. The dispensary shall comply fully with HIPAA and any other federal or state law protecting the privacy of medical records and information on patient health conditions. (2) Employee Records. Each owner or operator of a dispensary shall maintain a current register of the names of all volunteers and employees currently working at or employed by the dispensary, and shall disclose such registration for inspection -by -any -Town -officer orofficiallor purposes ofdetermining-comptiancewith1thee requirements of this section. In addition, all employees shall have a valid form of identification issued by the State of California while present at the dispensary. (3) Stock, The permittee will record the total gross weight of all marijuana possessed at the dispensary that is no longer affixed to any living marijuana plant at the close of each business day. In addition, the permittee shall record the total numbers of cloned live marijuana plants being stored or offered for sale. Ord 759 Marijuana Regulations 5 41 I .doc 6 190 (4) Receipts. The permittee, or his or her employee, shall record upon an individual receipt the membership number of the person obtaining the marijuana, the amount of marijuana purchased, the amount paid far the marijuana, and the time and date the marijuana was dispensed. (5) Financial Records. (a) Perrnittee shall maintain financial records identifying information for ail savings accounts, checking ac ounts, investment accounts and trusts associated with the operation of the dispensary. Permittee shall maintain ledgers documenting all credits and debits affecting said accounts. Permittee shall maintain records documenting all parties involved in, amounts of and purposes, for all cash transactions. (b) Permittee shall maintain records of all transactions related to the operation of the dispensary, including but not limited to rent, utilities, inventory, insurance and payroll. (8) Cultivation sites. Permittee shall maintain the records regarding the actual address, including Assessor's Parcel Number, of each site within the Town limits where medicinal marijuana is cultivated, grown andlor harvested on behalf of the dsspensary. The cuitivavation site(s) identliled pursuant to this section shell not be in areas zoned as residential, as more specifically outlined in 17.110.80. (7) Storage of Records. Pemiittee shall maintain all of the required records at the dispensary site or in secured, accessible storage at all times. All required records shall be subject to inspection by the Chief of Police, or his designee, during the time the dispensary is open for business. (8) Audit. As an alternative to police inspection, the Town may request that an audit of receipts be conducted by a Certified Public Accountant (CPA) chosen by the Town and paid for by the permittee. The permittee shall provide a summary of the report to the Town. (I) Consumption Restrictions. Cannabis shall not be consumed by patients on the premises of the dispensary. The term "premises" includes the actual building, as wall as any accessory structures, parking areas, or other surroundings within 200 feet of ihe dispensary's entrance. (J) Rohl! Sales (1) Only immature, non -flowering, cloned, live marijuana plants measuring less than 12 inches in height may be stoned and sold on site. (2) Except for the immature nursery stock cannabis plants described above, the dispensary shall not cultivate, store, or sell five cannabis plants, (3) With the approval of the Planning Commission a diiapanaary may conduct or engage in the commercial sale of specific products, goods or services ancillary to the provision of medical cannabis and other items permitted by these regulations on terms and conditions consistent with this chapter and applicable iaw. (4) If food products are sold the site must be inspected and approved for food sales by the Marin County Health Departinent. Ord 759 Marijuana Regulations 5 4 I I.doc 7 191 (5) Display and sales of devices necessary for administering medical cannabis, shall be limited to including but not limited to rolling papers and related materials and devices, pipes, water pipes, and vaporizers. Such devices may only be provided to qualified patients or primary caregivers and only in accordance with California Health and Safety Code Section 11364.5. (6) A dispensary shall not distribute or sell medical cannabis for a profit. (7) A dispensary shall not pay any supplier(s) of medical cannabis more than the costs incurred for cultivation and preparation. (8) A dispensary shall meet all the operating criteria for the dispensing of medical cannabis as Is required pursuant to California Health and Safety Code Section 11362.5, et seq. (K) Operating Plans. (1) Floor Plan. A dispensary shall have a lobby waiting area at the entrance to receive clients, and a separate and secure designated area for dispensing medical cannabis to qualified patients or designated caregivers. The primary entrance shall be located and maintained clear of barriers, landscaping and similar obstructions so that it is clearly visible from public streets, sidewalks or site driveways. (2) Storage. A dispensary shall have suitable locked storage on premises, identified and approved as a part of the security plan, for after-hours storage of medical cannabis. (3) Minimum Staffing Levels. The premises shall be staffed with at least one person during hours of operation that shall not be responsible for dispensing medical cannabis. (4) Odors Control. A dispensary shall have an air treatment system that ensures off -site odors shall not result. (5) Security Plans. A dispensary shall provide adequate security on the premises, and be reviewed by the Planning Commission, including lighting and alarms, to insure the safety of persons and to protect the premises from theft. (6) Any dispensary shall be equipped with an operable alarm system that at a minimum will protect the perimeter of the dispensary and the location within the structure where medicinal marijuana is stored, packaged or dispensed. (7) Alarm System. Professionally monitored robbery alarm and burglary alarm systems shall be installed and maintained in good working condition. (8)_ ---Emergency► ContactAdispensaryshall-provide ie_Chlefof_ Police, Town Manager and the Director of Planning and Building Services with the name, phone number and facsimile number of an on -site community relations staff person to whom one can provide notice if there are operating problems associated with the dispensary. The dispensary shall make every good faith effort to encourage neighborhood residents to call this person to try to solve operating problems, if any, before any calls or complaints are made to the Town. (L) Signage and Notices. Ord 759 Marijuana Regulations 5 4 11.doc 8 192 (1) A notice shall be clearly and legibly posted in the disperueary indicating that smoking, ingesting or consuming cannabis on the premises or in the vicinity of the dispensary is prohibited. (2) Signs on the premises shall not obstruct the entrance or windows. (3) Address identification shall comply with Fire Department illuminated address signs requirements. (4) Business identification signage shall contain the business name only, be limited to that information needed for identification only, and shall consist of a single window sign or wall sign that shall not exceed six square feet in area. Signs shall comply with ail ordinances and not contain any logos or information that identifies, advertises or Ms the services or products offered. (M) Staff Training. Dispenseary staff shall receive appropriate training for their intended duties to ensure understanding of rules and procedures regarding dispensing in compliance with state and local law, and security personnel shall be properly trained. (N) Compliance with Other Requirements. The operator shall comply with ail provisions of all local, state or federal laws, regulations or orders, as well as any condition imposed on any permits issued pursuant to applicable laws, regulations or orders. (0) Alcoholic Beverages. No dispensary shalt hold or maintain a license from the State Division of Alcoholic Beverage Control for the sale of alcoholic beverages, or operate a business on the premises that sells alcoholic beverages. No alcoholic beverages shalt be allowed or consumed on the premises. (P) No person shall operate, or own a financial interest in, more than one Dispensary with the Town. 17.110.100 Criteria for Review. The Planning Commission shall consider the following criteria In determining whether to grant or deny a dispensary permit, and renewals: (A) That the dispensary permit is eonaistent with the intent of Proposition 215 and related California law, the provisions of thte chapter and the Town Code, including the application submittal and operating requirements herein. (B) That the dispensary icon is not Identified as having significant crime issues (e.g., based upon crime reporting district/statistics as maintained by the Police Department). That there-hiTsa_ bWen gg fi nu re fralIs for police service, crimes or arrests in the area or to an existing dispensary location. (D) That an applicant or employee is not under 18 years of age. (i) That ail required application materials have been provided and/or the dispensary has operated successfully in a manner that shows it would comply with the operating requirements and standards specified in this chapter. Ord 759 Marijuana Regulations 5 4 l 1.doc 9 193 (F) That all required application or annual renewal fees have been paid and reporting requirements have been satisfied in a timely manner. (G) That an appropriate limit on size of the dispensary has been established and the requested permit would not exceed limitations on number of permits allowed by this chapter. (H) That the location is not prohibited by the provisions of this chapter or any local or state law, statute, rule or regulation and no significant nuisance issues or problems have resulted or are anticipated. (1) That the site plan, floor plan, and security plan have incorporated features necessary to assist in reducing potential crime -related problems as specified in the operating requirements section. These features may include, but are not limited to, security on -site; procedure for allowing entry; openness to surveillance and control of the premises, the perimeter, and surrounding properties; reduction of opportunities for congregating and obstructing public ways and neighboring property; rumination of exterior areas; and limiting furnishings and features that encourage loitering and nuisance behavior. (J) That no dispensary use, owner, permlttee, agent, or employee has violated any provision of this chapter including grounds for suspension, modification or revocation of a permit. (K) That all reasonable measures have been Incorporated Into the plan andior consistently taken to successfully control the establishment's patrons' conduct resulting In disturbances, vandalism, crowd control inside or outside the premises, traffic control problems, cannabis use in public, or creation of a public or private nuisance, or interference of the operation of another business. (L) That the dispensary would not adversely affect the health, peace or safety of persons living or working in the surrounding area, overly burden a specific neighborhood with special needs or high impact uses, or contn'bute to a public nuisance; or that the dispensary has resulted in repeated nuisance activities including disturbances of the peace, illegal drug activity, cannabis use in public, harassment of passers-by, excessive littering, excessive loitering, illegal parking, excessive loud noises, especially late at night or early in the morning hours; lewd conduct, or police detentions or arrests. (M) That any provision of the Town Code or condition imposed by a Town - issued permit, or any provision of any other local or state law, regulation, or order, or any condition imposed by permits issued in compliance with those laws has not been violated. (N) That the applicant has not violated any local or state law, statute,_rule or regulation respecting the distribution, possession, or consumption of cannabis. (0) That the applicant has not knowingly made a false statement of material fact or has knowingly omitted to state a material fact in the application for a permit. (P) That the applicant, his or her agent or employees, or any person who is exercising managerial authority on behalf of the applicant, has not been convicted of a felony, or of a misdemeanor involving moral turpitude, or has engaged in misconduct related to the qualifications, functions or duties of a permittee. A conviction within the Ord 759 Marijuana Regulations 5 4 11.doc 10 194 meaning of this section means a plea or verdict of guilty or a conviction following a plea of nolo contendere. (0) That the applicant has not engaged in unlawful, fraudulent, unfair, or deceptive business acts or practices. 17.110.110 Investigation and Action on Application - After the making and filing of a complete application for the dispensary permit and the payment of the fees, the Police Department shall conduct a background check of the applicant and all employees and conduct an investigation of the application, and take action as follows: (A) The Planning Depalment shall refer the application to any other Town departments as necessary to complete the review of the application. (B) Following the provision of complete application materials and inter- departmental review, the Planning Department shall schedule the Use Permit for Planning Commission review. The Commission shall either grant or deny the application in accordance with the provisions of this chapter. (C) In approving a dispensary permit, the Planning Commission may impose conditions, restrictions or require revisions to the proposal to comply with the purpose and intent of this chapter. (D) The Planning Department shall cause a written notice of the Commission's decision to issue or deny a permit to be mailed to the applicant by U.S. mail. 17.110.120 Appeal from Planning Commission Determination. (A) An applicant may appeal any determination of staff to the Planning Commission. (B) An applicant aggrieved by the Planning Commission's decision to issue or deny a permit may appeal such decision to the Town Council by filing an appeal pursuant to Chapter 17.320 of the Town Code, 17.110.130 Effect of Denial. When the Planning Co emission shall have denied or revoked any permit provided for in this chapter and the time for appeal to the Council shall have elapsed or, if after appeal to the Council, the decision of the Planning Commission has ben affirmed by the Council, no new application for a permit shall be accepted from the appli nt and no su %c perm shall b�saued fo such —person or1any corpora�on ih which he shall have any beneficial interest for a period of three years after the action denying or revoking the permit 17.110.140 Suspension and Revocation. (A) Consistent with Chapter 17.250, any permit issued under the terms of this chapter may be suspended or revoked by the Planning Commission when it shall appear Ord 759 Marijuana Rcgu1adona 5 411.doc 11 195 to the Commission that the permittee has violated any of the requirements of this chapter or the dispensary is operated in a manner that violates the provisions of this chapter, including the criteria for review and operating requirements sections, or conflicts with California law. (B) Except as otherwise provided in this chapter, no permit shall be revoked or suspended by virtue of this section until written notice of the intent to consider revocation or suspension of the permit has been served upon the person to whom the permit was granted at least five days prior to the date set for such review. Such notice shall contain a brief statement of the grounds to be relied upon for revoking or suspending such permit. Notice may be given either by personal delivery to the person to be notified, or by depositing it in the U.S. Mail in a sealed envelope, postage prepaid, return receipt requested, addressed to the person to be notified at his/her address as it appears in his/her application for a permit. (C) If any person holding a permit or acting under the authority of such permit under this chapter is convicted of a public offense in any court for the violation of any law which relates to his or her permit, the Town Manager may revoke such permit forthwith without any further action thereof, other than giving notice of revocation to the permittee. 17.110.150 Transfer of Permits. (A) A permittee shall not operate a dispensary under the authority of a dispensary permit at any place other than the address of the dispensary stated in the application for the permit. (B) A permittee shall not transfer ownership or control of a dispensary or transfer a dispensary permit to another person unless and until the transferee obtains a Use Permit. (C) No permit may be transferred when the Planning Director has notified the permittee that the permit has been or may be suspended or revoked. (D) Any attempt to transfer a permit either directly or indirectly in violation of this section is declared void, and the permit shall be deemed revoked. 17.110.160 Violations. (A) It is unlawful for any person, individual, partnership, co -partnership, firm, association, joint stock company, corporation, limited liability company or combination of the above in whatever form or character to violate any provision or fail to comply with any of the requirements of this chapter. () A violation of this chapter shall be subject to the criminal, civil, or administrative penalties specified in Town Code Chapter 1.10. 17.110.170 Remedies Cumulative. All remedies prescribed under this chapter shall be cumulative and the use of one or more remedies by the Town shall not bar the use of any other remedy for the purpose of enforcing the provisions hereof. Ord 759 Marijuana Regulations 5 4 11.doc 12 196 17.110.190 Separate dense for Each Day. Any person that violates any provision of this chapter shall be guilty of a separate offense for each and every day during any portion of which any such person commits, continues, permits, or causes a violation thereof, and shall be penalized accordingly. 17.110.190 Hold Harmless. As a condition of approval of any permit for medical cannabis cultivation, processing or distribution, the peirmittee shall indemnify, defend and hold harmless the Town of Fairfax and its agents, officers, elected officials and employees for any claims, damages, or injuries brought by adjacent or nearby property Okyners or other third parties due to permitted uses or operations, and in the case of dispensaries, for any claims brought by any of the permittee's dients or employees for problems, injuries, damages, or liabilities of any kind that may arise out of the permitted activities. 17.110.200 Public Nuisance. Any use or condition caused or permitted to exist in violation of any of the provisions of this chapter shall be and is declared a public nuisance and may be summarily abated by the Town. 17.110.210 Severabiilty. The provisions of this chapter are declared to be severable. If any provision, clause, word, sentence, or paragraph of this chapter or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this chapter. 17.110.220 Judicial Review. Judicial review of a decision made under this chapter may be had by filing a petition for a writ of mandate with the superior court in accordance with the provisions of the California Code of Civil Procedure Section 1094.5. Any such petition shall be filed within 90 days after the day the decision becomes final as provided in California Code of Civil Procedure Section 1994.6 which shall be applicable for such actions. SECTION II. EFFECTIVE DATE Copies of the foregoing ordinance shall, within fifteen (15) days after Its final passage and adoption, be posted in three public places in the Town of Fairfax, to wit: Bulletin Board, Fairfax Town Offices, Town Hall; b. Bulletin Board, Fairfax Post Office; and c. Bulletin Board, Fairfax Women's Club Building, which said places are hereby designated for that purpose, and shall be in full force and effect thirty (30) days from after its final passage and adoption. Ord 759 Marijuana Regulations 5 4 11.4oc 13 197 SECTION 111: VOTE The foregoing Ordinance No. 759, amending the Fairfax Town Code, was duly and regularly introduced at a regular meeting of the Town Council of the Town of Fairfax held on April 8, 2011, and was duly passed and adopted at a regular meeting held on May 6, 2011, by the following vote to wit: AYES: NOES: ABSENT: MAYOR LARRY BRAGMAN ATTEST: Town Clerk, Judy Anderson Ord 759 Marijuana Regulations 5 4 11.doc 14 198 ORDINANCE NO. 759 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF FAIRFAX REGULATING MEDICAL MARIJUANA DISPENSARIES, TOWN CODE CHAPTER 17.100 The Town Council of the Town of Fairfax does hereby ordain as follows: SECTION 1: TOWN CODE AMENDED The following is added as a new Chapter 17.110 of the Town Code: 17.110.010 Purpose and Intent. It is the purpose and intent of this chapter to regulate medical marijuana (cannabis) dispensaries in order to promote the health, safety, morals, and general welfare of residents and businesses within the Town. Interpretation and Applicability. (A) No part of this ordinance shall be deemed to conflict with federal law as contained in the Controlled Substances Act, 21 U.S.C. section 800, et sag., or to otherwise permit any activity that is prohibited under that Act or any other local, state or federal law, statute, rule or regulation. The distribution of medical cannabis in the Town of Fairfax is controlled by the provisions of this chapter of the Fairfax TownCode. (B) Nothing in this ordinance is intended, nor shall it be construed, to limit the provisions of Chapter 9.8 of the Fairfax Town Code, or to limit the right to use or possess marijuana for medical purposes, or to limit any defense to criminal prosecution otherwise afforded by California law. (C) Provided compliance is maintained with this ordinance, nothing in this ordinance is Intended, nor shall it be construed, to preclude a landlord from limiting cannabis cultivation, smoking or other related activities by tenants otherwise permitted by law. (D) Nothing in this ordinance is Intended, nor shall it be construed, to exempt any cannabis related activity from any and all applicable local and state construction, electrical, plumbing, land use, or any ether building or land use standards or permitting requirements. (E) Nothing is this ordinance is intended, nor shall it be construed, to make _ legal any cultivation, transportation, sale; or other usa of cannabis_ that is otherwise prohibited under California law. (F) All sale and distribution of medical cannabis within Town limits shall be subject to the provisions of this chapter, regardless if the processing or distribution exlsted or occurred prior to adoption of this chapter. Ord 759 Mar ReWulations (redline ver1jon) 5 4 i 1.d mil- 1 199 17.110.020 Definitions. For the purpose of this chapter, the following words and phrases shall mean: (A) Accessory building" shall have the same meaning as set forth In Town Code Section 17.08.020. (B) "Applicant" means a person who is required to file an application for a permit under this chapter, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of a dispensary. (C) "Town" means the Town of Fairfax. (D) "Town Manager" means the Town Manager of the Town of Fairfax or the authorized representative thereof. (E) "Identification card" shall have the same definition as California Health and Safety Code Section 11382.7, and as may be amended. (F) "Medical cannabis dispensing collective," shall be construed to include any association, cooperative, affiliation, or collective of persons where multiple qualified patients and/or primary care givers are organized to provide education, referral, or network services, and fadlitation or assistance in the lawful, retail distribution of medical cannabis. (G) "Medical cannabis patient collective," shall be construed to include any association, cooperative, affiliation, or collective of persons where multiple qualified patients and/or primary care givers are organized to provide education, referral, or network services, and facilitation or assistance in the lawful, but not retail, distribution of medical cannabis. (H) "Dispensary" means any medical cannabis dispensing collective, any medical cannabis patient collective, or any facility or location where the pri nary purpose is to dispense medical cannabis (Le., marijuana) as a medication that has been recommended by a physician and where medical cannabis is made available to and/or distributed by or to two or more of the following: a primary caregiver and/or a qualified patient, in strict accordance with California Health and Safety Code Section 11362.5, et seq. A dispensary shall not include dispensing by primary caregivers to qualified patients in the following location and uses, as long as the location of such uses are otherwise regulated by this Code or applicable law: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, 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, residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Heap and Safety Code, a residential hospice, or a home health agency licensed pursuant to +sip er 8of Division 2 iirthelle tat h and Safety Code, as long as any such use complies strictly with applicable law including, but not limited to, Health and Safety Code Section 11362.5, et seq., or a qualified patient's or caregiver's place of residence. (I) "Permittee" means the person (1) to whom a dispensary permit is issued and (2) who is identified in California Health and Safety Code Section 11362.7, subdivision (c), (d), (e) or (f). Ord 759 Marijuana Regulations (redline version) 5 4 t 1.docMaa:uann Ordianee No 759 Revised f 5.4.11 2 200 (J) "Person" means any individual, partnership, co -partnership, firm, association, joint stock company, corporation, limited liability company or combination of the above in whatever form or character. (K) "Person with an identification card" shall have the same definition as set forth In California Health and Safety Code Section 11382.5, et seq., and as it may be amended from time to time. 'Physician* shall include licensed medical doctors (M.D.) and doctors of osteopathic medicine (D.0.) as defined in the California Business and Profeasions Code, (M) "Primary caregiver" shall have the same definition as set forth in California Health and Safety Code Section 11362.7, and as it may be amended from time to time. (N) "Qualified patlenta shall have the same definition as set forth in California Health and Safety Code Section 11362.7, et seq., and as it may be amended from time to time. (0) "School" means any public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, but does not Include any private school in which education is primarily conducted in private homes. 17.110.030 Dispensary Permit Required to Operate. It is unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the Town the operation of a dispensary unless the person first obtains and continues to maintain in full force and effect a dispensary Use Permit from the Town as required in this chapter. 17.110.040 Term of Permits and Renewals Required. (A) A Use Permit issued under this chapter shall expire two years following the date of its issuance. (B) A Use Permit may be renewed by the Director of Planning for additional two-year periods upon application by the permitter, unless the permit is suspended or revoked in accordance with the provisions of this chapter. (C) Applications for renewal shall be made at least 45 days before the expiration date of the permit and shall be accompanied by a nonrefundable application fee as specified In section 17.110.080. Applications for renewal shall be acted upon in the -same manner provided herein for applications for permits. (D) Appltoations for renewal made less than 45 days before the expiration date -Shall -not -stay -the iration-date-of he -permit.--- () Permits may be revoked or suspended by the Town, as provided in this chapter and Town Code. 17.110.050 General Tax Liability. As a prerequisite to obtaining a permit pursuant to the terms of Chapter 17.110, an operator of a dispensary shalt also be required to apply for and obtain a Business Ont 759 Ma -liana Reuel tea (redline version] 5 4 l 1 5A. f [ 3 201 License as required by the State Board of Equalization. Dispensary sales shall be subject to sales tax consistent with California law. 17.110.060 Imposition of Fees. Every application for a permit or renewal shall be accompanied by an application fee, the amount of such fee to be established and revised from time to time by resolution of the Town Council. This application or renewal fee shall not include the cost of fingerprinting, photographing, and background checks, which shall be in addition to any other business license fee or permit fee imposed by this code or other governmental agencies. 17.110.070 Limitations on Number of Dispensaries. The Planning Commission may not grant or cause to be granted more than I three (3) permits for medical cannabis dispensaries in the Town, in compliance with the provisions of this chapter, and/or prior to adoption of the provisions of this chapter. 17.110.080 Limitation on Location of Dispensary. (A) A dispensary shall be looted only within a Central Commercial CC, Highway Commercial CH, and Light Commercial CL area, as designated in the General Plan and Zoning map. (B) The primary entrance shall be located and maintained free of barriers, landscaping and similar obstructions so that it is visible from public streets, sidewalks or driveways. (C) A dispensary shall not be allowed in the following areas at the time of its permitted establishment: (1) Within 600 feet of a school; or (2) Within any residentially -zoned parcel or within any parcel with a primarily residential land use; or (3) On a parcel directly abutting a residentially -zoned property, unless there is a fence or an intervening natural landform between the commercial property and the residential property such as a creek or significant undeveloped parcel of land. (0) The distance between a dispensary and areas of the above listed uses shall be made in a straight line from the boundary One of the property on which the dispensary Is located to the boundary of the property on which the facility, building or strudture, or pdtic i of the building or siru�tc ure of t m1 a above lined use iss located: (E) A waiver of the provisions in subsection (C)(2) or (C)(3) of this section may be granted if, on plans and materials presented for review, the applicant demonstrates and the Planning Commission determines that a physical barrier or similar condition exists which achieves the same purpose and intent as the distance separation requirements established herein. 7 lat a i v 5.4.11 4 202 17.110.090 Operating Requirements. Dispensary operations shall be established and managed only in compliance with the following standards: (A) Criminal History. No applicant, his or her agent or employees, volunteer workers, or any person exercising managerial authority of a dispensary on behalf of the applicant shall have been convicted of a felony, or of a misdemeanor involving moral turpitude, or is on probation for a drug offense, e, or engaged in misconduct,relatsrd to the qualifications, functions or duties of a permitter. A conviction within the meaning of this section means a plea or verdict of guilty or a conviction following a plea of no contest. The Police Chief, in his or her discretAon, may require a dispensary to conduct annual criminal background checks for all employees to ensure compliance with this paragraph. (B) Minors. (1) It Is unlawful for any permlttee, operator, or other person in charge of any dispensary to employ any person who is not at least 18 years of age. (2) Persons under the age of 18 shall not be allowed on the premises of a dispensary unless they are a qualified patient, and they are in the presence of their parent or guardian. (3) The entrance to a dispensary shall be dearly and legibly posted with a notice indicating that any person under the age of 18 is precluded from entering the premises unless such person is a qualified patient and is In the presence of his/her parent or guardian. (C) Operating Hours. Unless the reviewing authority imposes more restrictive hours due to specific considerations for a particular application, a dispensary shall only be operated within the following days and hours: (1) 9:00 a.m. to 9:00 p.m. (2) Christmas Day, Thanksgiving Day, New Years Day, Memorial Day, Labor Day, and 4th of July: closed. (D) Dispensary Size and Access. (1) The dispensary size shall not exceed 1,500 square feet exclusive of restroom facilities, unless spec ically authorized by the approving authority. Dispensary size she be limited, as deemed appropriate and necessary, to best serve patient needs within the intent of this chapter and to reduce potential adverse impacts that might otherwise occur on surrounding neighborhoods, businesses and Town services. (2) A dispensary shall not be increased in size without a prior "the-existing-dispensarq.permit: (3) Dispensary personnel shall monitor site activity, control loitering and site access. (4) Only dispensary staff, primary caregivers, qualified patients and persons with bona fide purposes for visiting the site shall be permitted at a dispensary. i Ord 759 Mariivana Regulations (redline version) 5 4 r 1.doc je 5 203 (5) Potential patients or caregivers shall not visit a dispensary without first having obtained a valid written recommendation from their physician recommending use of medical cannabis. (6) Only a primary caregiver and qualified patient shall be permitted in the designated dispensing area with dispensary personnel. All other authorized visitors shall remain outside, or in a designated waiting area in the front entrancllobby, (E) That adequate parking will be provided in accordance with Town Code section 17.052.030(F) for retail and personal service stores at a rate of three (3) spaces for the first 500 square of gross floor area and one (1) space for each additional 500 square feet thereafter. (F) Dispensary Supply. A dispensary may possess no more than one ounce of dried cannabis per qualified patient or primary caregiver. However, if a qualified patient or primary caregiver has a physician's recommendation that this quantity does not meet the qualified patient's medical needs, the dispensary may possess an amount of cannabis consistent with the patient's needs. (G) Dispensing Operations. (1) A dispensary shall only dispense to qualified patients or caregivers with: (a) A currently valid California Medical Marijuana Identification Card Issued by the State of California, a county or a county -designated entity in accordance with California Health & Safety Code Section 11362.7 ("Identification Card"); or (b) current, written physician's recommendation that is confirmed by telephone, The permittee shall maintain a written record of the telephone verification, including the name of the employee who made the telephone call and the name and contact information of the person who verified the physician's recommendation_, (2) A dispensary shall not have a physician on -site to evaluate patients and provide a recommendation for medical cannabis. (R) .. _.Record Keeping-. _._ (1) Patient Records. Patient records shall be maintained and verified as needed, and at least annually verified with the qualifying patient's medical doctor or Idoctor of osteopathy unless the patient has provided a -Valid -Patient 1Oan Identification Card. The dispensary shall comply fully with HIPAA and any other federal or state law protecting the privacy of medical records and information on patient health conditions. (2) Employee Records. Each owner or operator of a dispensary shall maintain a current register of the names of all volunteers and employees currently 1 Qrd 759 Marijuanp Regulations (redline version) 5 4 11.doc 5.4.11 6 204 working at or employed by the dispensary, and shall disclose such registration for inspection by any Town officer or official for purposes of detamllning compliance with the requirements of this section. In addition, all employees shall have a valid form of identification issued by the State of California while present at the dispensary. (3) Stock. The permittee will record the total gross weight of ail marijuana possessed at the dispensary that is no longer affixed to any living marijuana plant at the close of each business day. in addition, the permittee shall record the total numbers of cloned live marijuana plants Ding stored or offered for sale. (4) Receipts. The permittee, or his or her employee, shall record upon an individual receipt the membership number of the person obtaining the marijuana, the amount of marijuana purchased, the amount paid for the marijuana, and the time and date the marijuana was dispensed. (5) Financial Records. _. (a) Permittee shall maintain financial records identifying information for all savings accounts, checking accounts, Investment accounts and trusts associates with the operation of the dispensary. Per mittee shall maintain ledgers documenting an credits and debits affecting said accounts. Permittee shall maintain records documenting all parties involved in, amounts of and purposes, for all cash transactions. (b) Permittee shall maintain records of all transactions related to the operation of the dispensary, including but not limited to rent, utilities, inventory, insurance and payroll. (6) Cultivation sites. Permittee shall maintain the records regarding the actual address, including Assessor's Parcel Number, of each site within the Town limits where medicinal marijuana Is cultivated, grown and/or harvested on behalf of the dispensary. The cultivation site(s) identified pursuant to this section shall not be in areas zoned as residential, as more speclticaily outlined in_ 17.110.80. (7) Storage of Records. Permittee shall maintain all of the required records at the dispensary site or in secured, accessible storage at all times. All required records stall be subject to inspection by the Chief of Police, or his designee, during the time the dispensary Is open for business. (8) Audit. As an alternative to police inspection, the Town may request that an audit of receipts be conducted by a Certified Public Accountant (CPA) chosen by the Town and paid for by the permittee. The perrree shall provide a summary of the report to the Town. (l) Consumption. Restrictions. Cannabis shall not be consumed by patients on the premises of the dispensary. The term "premises' Includes the actual building, as well as any accessory structures, parking areas, or other surroundings within 200 feet of the dispensary's entrance. (J) Retail Sales (1) Only immature, non -flowering, cloned, live marijuana plants measuring less than 12 inches in height may be stored and sold on site. Ord 759 Marijuana tier alations (redline version/ $ 4 11.4oc 5.4.14- 7 205 (2) Except for the immature nursery stock cannabis plants described above, the dispensary shall not cultivate, store, or sell live cannabis plants. (3) With the approval of the Planning Commission a dispensary may conduct or engage in the commercial sale of specific products, goods or services ancillary to the provision of medical cannabis and other Items permitted by these regulations on terms and conditions consistent with this chapter and applicable law. (4) If food products are sold the site must be inspected and approved for food sales by the Marin County Health Department. (5) Display and sales of devices necessary for administering medical cannabis, shall be limited to including but not limited to rolling papers and related materials and devices, pipes, water pipes, and vaporizers_ Such devices may only be provided to qualified patients or primary caregivers and only in accordance with California Health and Safety Code Section 11364.6. (6) A dispensary shall not distribute or sell medical cannabis for a profit (7) A dispensary shall not pay any supplier(s) of medical cannabis more than the costs incurred for cultivation and preparation. (8) A dispensary shall meet all the operating criteria for the dispensing of medical cannabis as is required pursuant to California Health and Safety Code Section 11382.5, et seq. (K) Operating Plans. (1) Floor Plan. A dispensary shall have a lobby waiting area at the entrance to receive clients, and a separate and secure designated area for dispensing medical cannabis to qualified patients or designated caregivers. The primary entrance shall be located and maintained clear of barriers, landscaping and similar obstructions so that it is clearly visible from public streets, sidewalks or site driveways. (2) Storage. A dispensary shall have suitable locked storage on premises, identified and approved as a part of the security plan, for after-hours storage of medical cannabis. (3) Minimum Staffing Levels, The premises shall be staffed with at least one person during hours of operation that shall not be responsible for dispensing medical cannabis. (4) Odors Control. A dispensary shall have an air treatment system that ensures off -site odors shall not result. (5) Security Plans. A dispensary shall provide adequate security on the premises, and be reviewed by the Planning Commission, including lighting and alarms, to insure the safety of persons and to protect the premises from theft. (S) Any dispensary shall be equipped with an operable alarm system that at a minimum will protect the perimeter of the dispensary and the location within the structure where medicinal marijuana is stored, packaged or dispensed_ (7) Alarm System. Professionally monitored robbery alarm and burglary alarm systems shall be installed and maintained in good working condition. Igird 759 Marijuan4 Regplations (redline version) 5 4 11.doc 5.4.11 8 206 (8) Emergency Contact. A dispensary shall provide the Chief of Police, Town Manager and the Director of Planning and Building Services with the name, phone number and facsimile number of an on -site community relations staff person to whom one can provide notice if there are operating problems associated with the dispensary. The dispensary shah make every good faith effort to encourage neighborhood residents to call this person to try to solve operating problems, if any, before any calls or comp�__.inte are made to the Town. (L) Signage and Notices. (1) A notice shall be clearly and legibly posted in the dispensary indicating that smoking, ingesting or consuming cannabis on the premises or in the vicinity of the dispensary is prohibited. (2) Signs on the premises shell not obstruct the entrance or windows. (3) Address identification shall comply with Fire Department Illuminated address signs requirements. (4) Business identification slgnage shall contain the business name only, be limited to that information needed for identification only, and shall consist of a single window sign or wall sign that shall not exceed six square feet in area. Signs shall comply with ail ordinances and not contain any logos or information that identifies, advertises or lists the services or products offered. (M) Staff Training. Dispensary staff shall receive appropriate training for their intended duties to ensure understanding of rules and procedures regarding dispensing in compliance with state and local law, and security personnel shall be properly trained. (N) Compliance with Other Requirements. The operator shah comply with all provisions of ail local, state or federal laws, regulations or orders, as well as any condition imposed on any permits issued pursuant to applicable laws, regulations or orders. (0) Alcoholic Beverages. No dispensary shall hold or maintain a license from the State division of Alcoholic Beverage Control for the sale of alcoholic beverages, or operate a business on the premises that sells alcoholic beverages. No alcoholic beverages shall be allowed or consumed on the premises. (P) No oersonshall operate, or own a financial interest in. more than one D►eeensafy with the Town. 1'7.110.100 Criteria for Review. The Planning Commission shall consider the following criteria In determining whether to grant or deny a dispensary permit, and renewals: (A) That the dispensary permit is consistent with the Intent of Proposition 216 and related California law, the provisions of this chapter and the Town Code, including the application submittal and operating requirements herein. f Ord 759 Madivana Regulations (redline version) 5 4 11.do0 l 5.1.d 1 9 207 (B) That the dispensary location is riot identified as having significant crime issues (e.g., based upon crime reporting district/statistics as maintained by the Police Department). (C) That there have not been significant numbers of calls for police service, crimes or arrests in the area or to an existing dispensary location. (D) That an applicant or employee is not under 18 years of age. (E) That all required application materials have been provided and/or the dispensary has operated successfully in a manner that shows it would comply with the operating requirements and standards specified in this chapter. (F) That ail required application or annual renewal fees have been paid and reporting requirements have been satisfied in a timely manner. (G) That an appropriate limit on size of the dispensary has been established and the requested permit would not exceed limitations on number of permits allowed by this chapter. (H) That the location is not prohibited by the provisions of this chapter or any local or state law, statute, rule or regulation and no significant nuisance issues or problems have resulted or are anticipated. (I) That the site plan, floor plan, and security plan have incorporated features necessary to assist in reducing potential crime -related problems as specified in the operating requirements section. These features may include, but are not limited to, security on -site; procedure for allowing entry; openness to surveillance and control of the premises, the perimeter, and surrounding properties; reduction of opportunities for congregating and obstructing public ways and neighboring property; Illumination of exterior areas; and limiting furnishings and features that encourage loitering and nuisance behavior. (J) That no dispensary use, owner, permittee, agent, or employee has violated any provision of this chapter including grounds for suspension, modification or revocation of a permit. (K) That all reasonable measures have been incorporated into the plan and/or consistently taken to successfully control the establishment's patrons' conduct resulting in disturbances, vandalism, crowd control inside or outside the premises, traffic control problems, cannabis use in public, or creation of a public or private nuisance, or interference of the operation of another business. (L) That the dispensary would not adversely affect the health, peace or safety of persons living or working in the surrounding area, overly burden a specific neighborhood with special needs or high impact uses, or contribute to a public nuisance; or that the dispensary has resulted in repeated nuisance activities including disturbances of the peace, Illegal drug activity, cannabis use in public, harassment of passers-by, excessive littering, excessive loitering, illegal parking, excessive loud noises, especially late at night or early in the morning hours; lewd conduct, or police detentions or arrests. (M) That any provision of the Town Code or condition imposed by a Town - issued permit, or any provision of any other local or state law, regulation, or order, or any [Ord 759 Marijuana Regulations iredline version) 5 11.doE 5.4.11 10 208 condition imposed by permits issued in compliance with those laws has not been violated. (N) That the applicant has not violated any local or state law, statute, rule or regulation respecting the distribution, possession, or consumption of cannabis. (0) That the applicant has not knowingly made a false statement of material fact or has knowingly omitted to state a material fact In the application for a permit. (P) That the applicant: his or her agent or employees, or any person who s exercising managerial authority an behalf of the applicant, has not been convicted of a felony, or of a misdemeanor involving moral ttzpit e, L° has engaged in misconduct related to the qualifications, functions or duties of a pemmitee. A nnviction within the meaning of this section means a plea or verdict of guilty or a conviction following a plea of nolo contendere. (Q) That the applicant has not engaged in unlawful, fraudulent, unfair, or deceptive business acts or practices. 17.110.110 Investigation and Aeon on Application. After the making and filing of a complete application for the dispensary permit and the payment of the fees, the Police Department shall conduct a background check of the applicant and all employees and conduct an investigation of the application, and take action as follows: (A) The Planning Department shall refer the application to any other Town departments as necessary to complete the review of the application. (B) Following the provision of complete application materials and Inter- departmental review, the Planning Department shall schedule the Use Permit for Planning Commission review. The Commission shall either grant or deny the application in accordance with the provisions of this chapter. (C) In approving a dispensary permk, the Planning Commission may impose conditions, restrictions or require revisions to the proposal to comply with the purpose and intent of this chapter. (D) The Planning Department shall cause a written notice of the Commission's decision to issue or deny a permit to be mailed to the applicant by U.S. mail. 17.110.120 Appeal from Planning Commiesion Determination. (A) An applicant may appeal any determination of staff to the Planning Commission. (B) An applicant aggrieved by the Planning Commissions decision to issue or deny a permit may appeal such decision to the Town Council by filing an appeal pursuant to Chapter 17.320 of the Town Code. 11.110.130 Effect of Denial. IOrd 759 Marijuana Regulations (redline eversion) 5 4 11 vac 209 When the Planning Commission shall have denied or revoked any permit provided for in thls chapter and the time for appeal to the Council shall have elapsed or, if after appeal to the Council, the decision of the Planning Commission has been affirmed by the Council, no new application for a permit shall be accepted from the applicant and no such permit shall be issued to such person or to any corporation in which he shall have any beneficial interest for a period of three years after the action denying or revoking the permit. 17.110.140 Suspension and Revocation. (A) Consistent with Chapter 17.250, any permit issued under the terms of this chapter may be suspended or revoked by.the Planning Commission when it shall appear to the Commission that the permlttee has violated any of the requirements of this chapter or the dispensary is operated in a manner that violates the provisions of this chapter, including the criteria for review and operating requirements sections, or conflicts wkh California law. (B) Except as otherwise provided in this chapter, no permit shall be revoked or suspended by virtue of this section until written notice of the intent to consider revocation or suspension of the permit has been served upon the person to whom the permit was granted at least five days prior to the date set for such review. Such notice shall contain a brief statement of the grounds to be relied upon for revoking or suspending such permit. Notice may be given either by personal delivery to the person to be notified, or by depositing it in the US. Mail in a sealed envelope, postage prepaid, return receipt requested, addressed to the person to be notified at his/her address as it appears in his/her application for a permit. (C) if any person holding a permit or acting under the authority of such permit under this chapter is convicted of a public offense in any court for the violation of any Iaw which relates to his or her permit, the Town Manager may revoke such permit forthwith without any further action thereof, other than giving notice of revocation to the permlttee. 17.110.150 Transfer of Permits. (A) A permittee shall not operate a dispensary under the authority of a dispensary permit at any place other than the address of the dispensary stated in the application for the permit. (8) A permittee shall not transfer ownership or control of a dispensary or transfer a dispensary permit to another person unless and until the transferee obtains a Use Permit. (C) No permit may be transferred when the Planning Director has notified the permittee that the permit has been or may be suspended or revoked. (D) Any attempt to transfer a permit either directly or indirectly in violation of this section is declared void, and the permit shall be deemed revoked. 17.110.160 Violations. 1 Ord 759 Marjjuana RegulationsAresdline vemio12) 5 4 11.docMa_::uana Oidiance No 759 Rs..;eed for 12 210 (A) it is unlawful for any person, individual, partnership, co -partnership, firm, association, joint stock company, corporation, limited liability company or combination of the above in whatever form or character to violate any provision or fail to comply with any of the requirements of this chapter. (B) A violation of this chapter shall be subject to the criminal, civil, or administrative penalties specified in Town Code Chapter 1.10. 17.110.170 Remedies Cumulative. Ali remedies prescribed under this chapter shall be cumulative and the use of one or more remedies by the Town shall not bar the use of any other remedy for the purpose of enforcing the provisions hereof. 17.110.190 Separate Offense for Each Day. Any person that violates any provision of this chapter shall be guilty of a separate offense for each and every day during any portion of which any such person commits, continues, permits, or causes a violation thereof, and shall be penalized accordingly. 17.110.190 Hold Harmless. As a condition of approval of any permit for medical cannabis cultivation, processing or distribution, the permittee shall indemnify, defend and hold harmless the Town of Fairfax and its agents, officers, elected officials and employees for any claims, damages, or injuries brought by adjacent or nearby property owners or other third parties due to permitted uses or operations, and In the case of dispensaries, for any claims brought by any of the pennittee's clients or employees for problems, injuries, damages, or liabilities of any kind that may arise out of the permitted activities. 17.110.200 Public Nuisance. Any use or condition caused or permitted to exist in violation of any of the provisions of this chapter shell be and is declared a public nuisance and may be summarily abated by the Town. 17.110.210 Sava rability. The provisions of this chapter are declared to be severable. if any provision, clause, word, sentence, or paragraph of this chapter or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not act the other provisions of this chapter. 17.110.220 Judicial Review. Judicial review of a decision made under this chapter may be had by filing a petition for a writ of mandate with the superior court in accordance with the provisions of the California Code of Civil Procedure Section 1094.5. Any such petition shall be filed within 90 days after the day the decision becomes final as provided in California Code of Cavil Procedure Section 1994.6 which shall be applicable for such actions. (redlineers'a 5 4 1 l $74-4-1- 13 211 SECTION ll. EFFECTIVE DATE Copies of the foregoing ordinance shall, within fifteen (15) days after its final passage and adoption, be posted in three public places in the Town of Fairfax, to wit: a. Bulletin Board, Fairfax Town Offices, Town Hall; b. Bulletin Board, Fairfax Post Office; and c. Bulletin Board, Fairfax Women's Club Building, which said places are hereby designated for that purpose, and shall be in full force and effect thirty (30) days from after its final passage and adoption. SECTION III: VOTE The foregoing Ordinance No. 759, amending the Fairfax Town Code, was duly and regularly introduced at a regular meeting of the Town Council of the Town of Fairfax held on April 6, 2011, and was duly passed and adopted at a regular meeting held on May 6, 2011, by the following vote to wit: AYES: NOES: ABSENT: MAYOR BRAGMAN ATTEST: Town Clerk, Judy Anderson IOrd 759 Marijuana Regulations (redline version) 5 4 11.doc 5.1.11 14 212 ORDINANCE NO. ORD-150-2011 AN ORDINANCE ADDING SECTION 20 OF CHAPTER 5, POLICE REGULATIONS, RELATING TO MEDICAL MARIJUANA DISPENSARIES, OF THE MUNICIPAL CODE OF THE CITY OF CLEARLAII£E The City Council of the City of Clearlake, State of California does hereby ordain as follows: SECTION I. DECLARATION OF INTENT The purpose of this Ordinance is to add Section 20, Chapter 5, to the Municipal Code relating to Medical Marijuana Dispensaries. Voters of the State of California approved proposition 215 (codified as Health and Safety Code Section 11362.5 et seq.) entitled "The Compassionate Use Act of 1996." The intent of Proposition 215 was to enable persons residing in the State of California who are in need of marijuana for medical purposes to be able to obtain and use it under limited, specified circumstances, without being subject to criminal prosecution under State of California penal statutes. The State enacted SB 420 in 2004, being sections 11362.7 et seq., of the Health and Safety Code, identified as the Medical Marijuana Program (Programs), to clarify the scope of the Compassionate Use Act of 1996. Except for the limited exemption from criminal prosecution under State criminal laws, the possession and sale of marijuana remains illegal under both state and federal law. . To protect the public health, safety, and welfare, it is the desire of the City Council to modify the City's Municipal Code consistent with the Program, to regulate and restrict the location and operation of Medical Marijuana Dispensaries and promote and protect the health, safety, morals and general welfare of residents and businesses within the City. SECTION 2. Chapter 5-20 of the Clearlake Municipal Code is hereby added as follows: CHAPTER 5-20 MEDICAL MARIJUANA DISPENSARY REGULATIONS Section 5-20.1 Definitions For the purpose of this Chapter, the following words and phrases shall mean: "Applicant" means a person who is required to file an application for a license under this Chapter,vncl3,ding an individual owner, managing partner, officer of a corporation, or any other operator, mana.er, employee, or agent of a Medical Marijuana Dispensary, as defined herein. "City" means the City of Clearlake. 213 "Compassionate Use Act" shall mean California Health and Safety Code Section 11362.5, as may be amended, also known as the Compassionate Use Act of 1996. "Drug paraphernalia" shall have the same definition as found in the Health and Safety Code Section 11364.5, and as may be amended. "Identification card" shall have the same definition as found in the Medical Marijuana Program (Health & Safety Code section 11362.7(g).) and as maybe amended. "Licensee" means the person to whom a Dispensary license is issued noder this Chapter, and who is identified in California Health and Safety Code Section 11362.7, subdivision (c) or (d), (e), or (f). "Medical marijuana dispensary" or "dispensary" means any storefront location that provides consumer related products and services primarily found within the City's C-2 and C-3 zone districts which distributes, transmits, gives, or otherwise provides medical marijuana to qualified patients or primary caregivers in accordance with California Health and Safety Code section 11362.5 through section 11362.83, inclusive, commonly referred to as the Compassionate Use Act of 1996 and the Medical Marijuana Program. The following buildings, premises and uses are not "Dispensaries" pursuant to this Chapter, as long as the location of such uses are otherwise regulated by this Code or 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 residential hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code. All of the foregoing buildings, premises and uses must strictly comply with applicable law including, but not limited to, Compassionate Use Act. A medical marijuana patient growing "collective" or "cooperative" that does not operate as a storefront location or mobile retail outlet that provides consumer related products and services primarily found within the City's C-2 and C-3 zone districts is exempt from the provisions of this ordinance. "Medical Marijuana Program" shall mean Health and Safety Code Section 11362.7 et. seq. "Person with an identification card" shall have the same definition as set forth in the Medical Marijuana Program (Health & Safety Code section 11362.7(c).) and as may be amended. Primary caregiver" (caregiver) shall have the same definition as set forth in. the Compassionate Use Act and Medical Marijuana Program. 2 214 "Qualified patient" (patient) shall have the same definition as set forth in the Compassionate Use Act and Medical Marijuana Program. "Youth -Oriented Facility" shall mean a public or private school (K-12) , licensed daycare facilities, public paw;, and any establishments that advertise in a manner that identifies the establishment as catering to or providing services primarily intended for minors. Section 5-20.2 Dispensary License R, e�uired to Overate. It shall be unlawful for any person to engage in, conduct or cany on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the City the operation of a dispensary unless the person first obtains and continues to maintain a valid dispensary license from the City as required by this Chapter. Section 5-203 Limitations on Number and Size of Dispensaries. A. The City may not grant more than three (3) licenses for Medical Marijuana Dispensaries at any given time. When Clearlake's population reaches 20,000, then the number of licenses granted at any given time shall be increased to four (4). B. The retail area of a Medical Marijuana Dispensary shall not exceed 1,200 square feet. Section 5-20.4 Limitations on Location of Dispensary. A. The three dispensaries specifically mentioned in Section 2.1. of the Moratorium. ordinance No. 2009-145 may be located within the Commercial C2 or C2DD zoning districts. Any other future dispensary may be located within the Commercial C4 zoning district by right or in.the C-2 zoning district by use permit. B. A dispensary must be clearly visible from public rights of way and located on a premises that provides unobstructed views of the dispensary entrance. C. A di pens ry chA not be located. within 600 feet of a Youth -Oriented Facility. This setback shall be measured in a straight line from the boundary line of the property on which the dispensary is located nearest to the boundary of the property on which the building or structure, or portion el tiie building or structure, in which the above listed use occurs or is located. The City Coil may waive all or part of this requirement if it determines that the proximity does not constitute a risk to public health or safety as it relates to anything other than a K-12 public or private school, Section 5-20.5 Initial Filing Period. In order to allow the consideration of competing applications for a dispensary, a ninety (90) day filing period shall commence following the adoption of Viis Ordinance for the three dispensaries existing as of November 5, 2009. Upon the close of this initial filing period, if multiple applications have been received and deemed complete, they fi1,a11 be processed concurrently as set forth in this Chapter. If less than three applications are received during the initial filing 3 215 period, any applications that are subsequently submitted shall be processed and evaluated individually, in the order in vwhicli they are received and deemed complete. If the application of a dispensary existing as of November 5, 2009 cannot be approved under the terms of this Ordinance of if they have not submitted an application within ninety (90) days of the filing period noted above, then that business will have to cease operation within 30 days after so being notified by the City. Section 5-20.6 Application Preparation and Filing. A. Any person wishing to operate a dispensary in the City shall complete and file an application. An application is complete if it includes all fees, information and materials required by this Chapter. All license applications shall be filed with the City Administrator, using forms provided by the City. It is the responsibility of the applicant to provide information required for approval of the application. The application shall be signed under penalty of perjury. Existing dispensaries wishing to remain in business under the terms of this Ordinance must file an application within ninety (90) days after the adoption of the Ordinance. B. An application may only be filed by the owner of the subject property, the lessee of the property where the lease authorizes the lessee to use the premises for a dispensary, or a person with the written authorization of the property owner. C. The application shall be deemed filed on the date when the City receives the last submission of information or materials required for it to be deemed complete in accordance with requirements specified herein. D. The City shall notify an applicant in writing, via Certified U.S. Mail, postage pre -paid, sent to the address provided by the applicant on the application, if an application is incomplete. The applicant shall be granted an extension of time to submit all materials required to complete the application within ten (10) days of the date of the notification. If the application remains incomplete in excess of said ten (10) day period, the application shall be deemed withdrawn and new application shall be required. The time period for granting or denying a license shall be stayed during the extension of time. E. The fact that an applicant possesses other types of state or City permits or licenses does not exempt the applicant from the requirement to obtain a dispensary license pursuant to this Chapter. F. Any dispensary license application shall include the following information: (1) The applicant's full name (including any current or prior aliases, or other legal names the applicant is or has been known by, including maiden names), current address, and telephone number. (2) The address where notice of action on the application is to be mailed 4 216 (9) The applicant's previous addresses for the five years immediately prior to his or her present address. Written proof that the applicant is over the age of eighteen (18) years of age. The applicant's height, weight, color of eyes and hair. Two (2) passport -quality photographs of the applicant. The applicant's businesses, occupations, or employment for the ten years immediately preceding the date of the application. The applicant's business license and permit history, including whether the applicant has had a permit, approval and/or business license revoked or suspended by the State, or any city or county, the reason therefor, and the business or activity or occupation engaged in by the applicant subsequent to such action of suspension or revocation, and a copy of the applicant's seller's permit (retail sales tax permit) issued by the State Board of Equalization. All the name or names and addresses of the person or persons who will act as a manager or supervisor of the dispensary. (10) The printed results of a background investigation from the California Department of Justice resulting from a fingerprint card submission approved by the City of Clearlake, verifying whether the person or person having the management or supervision of the applicant's business has been convicted of a crime(s), or entered a plea of guilty or nolo contendere to a crime, the nature of such offense(s), and the sentence(s) imposed. (11) Names of all employees, volunteers, and other persons who will work at the dispensary. The applicant also agrees to submit any names for a fingerprint card of individuals who become new owners, managers, supervisors, employees, or volunteers during the year alter a 'license, is issued. (12) A written plan describing how the dispensary will operate consistent with State law and the provisions of this Chapter, including: Controls en.�*e n medical marijuana is not purchased or sold. by the dispensary, its owners, managers, supervisors, employees or volunteers, in amanner that would -generate a profti, Controls ensuing medical marijuana will be dispensed only to qualified patients or primary caregivers. Controls ensuring access to dispensary premises is regularly monitored and restricted to qualified patients and primary caregivers. 5 217 (d) Independent verification methods for ensuring that a qualified patient's physician is recommending medical marijuana only for medical use. (13) A written statement listing the physical size of the dispensary, the number of managers, supervisors, employees and volunteers who will work there, and describing the nature of the proposed use of the dispensary. (14) A written statement indicating how each of the criteria for review has been satisfied, which shall include documented proof. (15) A security plan describing security arrangements that will ensure the safety of persons visiting and working at the dispensary, and protect the premises from theft. The plan shall provide for: installation of security cameras; installation of a burglar alarm system monitored by a state -licensed monitoring service; and a periodic (no less than yearly) written security assessment of the site conducted by a qualified professional, (16) A sketch or diagram depicting the interior configuration of the premises, including the total floor area occupied by the dispensary. The sketch or diagram must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches. (17) A sketch or diagram showing exterior configuration of the premises, including the outline of all structures, parking and landscape areas, and property boundaries. The sketch or diagram must be drawn to a designated scale or drawn with marked dimensions to an accuracy of plus or minus six (6) inches, (18) A straight-line drawing accurately depicting the building (or portion thereof) and premises to be occupied by the dispensary, and all properties within 600 feet of the boundaries of the property on which the dispensary license is requested. The drawing shall indicate the property lines of any Youth -Oriented Facility and all residential zones or uses within 100 feet of the primary entrance of the dispensary. (19) A lighting plan showing existing and proposed exterior and interior lighting placement and levels to provide adequate security lighting and which comply with all City standards regarding lighting design and installation. (20) Written authorization for the City, its agents and employees to seek verification of the information contained in the application and/or required pursuant to this Chapter. (21) A written statement by the applicant certifying under penalty of perjury that he or she has the consent of the property owner and landlord to operate a dispensary at the location, or providing proof that the applicant owns the property. (22) A written statement by the applicant certifying under penalty of perjury that all the information contained in the application is true and correct. 6 218 G. In. addition to providing all the materials required for new applicatioes, applications for annual renewal shall also be accompanied by the following information: • (1) The licensee shall provide a detailed description of any changes proposed or that have occurred in dispensary operations, the reasons for such changes, including compliance with applicable local and State law. . (2) The licensee shall identify any problems encountered during operations and how they have been addressed. (3) The licensee shall describe how the dispensary operations have complied with the requirements of this Chapter and with applicable local and State law. Section 5-20.7 Investigation and Action an Aoulication. A. After an applicant files a complete dispensary license application and pays all required fees, the Police Chief shall conduct a background check of the applicant and all the dispensary's identified managers, supervisors, employees and volunteers, and take action as follows: (1) The Police Chief shall refer the application to any other City departments as necessary to complete his or her review of the application. The application, or competing applications, if applicable, shall also be subject to a preliminary review conducted by the Police Chief and the City Administrator. The Police Chief and City Administrator shall make such recommendations to the City Council as they deem appropriate based on their review. B. Within 60 days after completion of the Police Chief's investigation, the application shall be scheduled for a public hearing before the City Council where the Council may either grant or deny the application in accordance with the provisions of this Chapter. Section 5-20S ieweixaae (2) The City Council shall consider the appiieaiiur for the issuance or renewal of a dispensary license at a duly noticed public hearing, as set forth in the Municipal Code. Section 5-20.9 Criteria for Review. The City council shall eonsid.eL _ following criteria in determining whether _ta t or deny an - application. to issue or renew a dispensary license: A. The dispensary will operate or, if a renewal application, currently operates, in conformity with the Compassionate Use Act, the Medical Marijuana Program, and the provisions of this Chapter and the City Code. 7 219 B. The dispensary location does not have significant crime issues (e.g., based upon crime reporting district/statistics as maintained by the police department). C. There have not been excessive numbers of calls for police service, crimes or arrests in the area or to an. existing dispensary location (or to a dispensary located in another jurisdiction with which the applicant is affiliated in any way). D. The applicant, and all managers supervisors, employees and volunteers are at least eighteen (18) years of age. E. All required application materials have been provided and/or the dispensary has operated successfully in a manner that shows it will comply with the operating requirements and standards specified in this Chapter. P. That all required application or annual renewal fees have been paid and reporting requirements have been sati sfied in a timely manner. G. The physical size of the dispensary conforms with the requirements of this Chapter; and, the dispensary will be, or if a renewal application, currently is, one of three or fewer total licensed dispensaries operating within the City. H. The location is not prohibited by the provisions of this Chapter or any applicable local or State law, statute, rule or regulation. I. The site plan, floor plan, and security plan have incorporated features necessary to assist in reducing potential crime -related problems and as specified in the operating requirements of this Chapter. These features may include, but are not limited to, security on -site; procedure for allowing entry; openness to surveillance and control of the premises, the perimeter, and surrounding properties; reduction of opportunities for congregating and obstructing public ways and neighboring property; illumination of exterior areas; and limiting furnishings and features that encourage loitering and nuisance behavior. J. No dispensary applicant, owner, licensee, agent, or manager, supervisors, employee or volunteer who will work, or, if renewal, currently works at the dispensary, has violated any provision of this Chapter such that grounds exist to suspend or revoke a dispensary license. K. The dispensary has incorporated all reasonable measures into the operating plan and consistently taken steps -to successfully esta hishraenti s patrons' conduct resulting in disturbances, vandalism, uncontrolled crowds in or outside the dispensary, traffic control problems, or creation of a public or private nuisance, or interference of the operation of another business. L. That the dispensary has not caused or been the site of nuisance activities including disturbances of the peace, illegal drug activity, ingesting medical marijuana in public, harassment of passerby, excessive littering, excessive loitering, illegal parking, excessive 8 220 loud noises, especially late at night or early in the morning hours, lewd conduct, or police detentions or arrests. M. No provision of the Municipal Code or condition imposed by a City issued license, or any provision of any other applicable local or State, regulation, order, or any condition imposed by permit issues in compliance with those laws has been violated. N. The applicant has not violated any applicable local or State law, statute, rule or regulation respecting the distribution, possession, or consumption of medical marijuana. O. The applicant has neither knowingly made a false statement of material fact, nor knowingly omitted a material fact from the dispensary license application. P. No person who has been convicted of a felony within the past ten (10) years may be actively engaged in the operation or financing of any dispensary as an owner, licensee, agent, investor, manager, supervisor, employee or volunteer. The applicant has not engaged in unlawful, fraudulent, unfair, or deceptive business acts or practices. Q. Section 5-20.10 Findings; Decision. Following a public hearing, the City Council may approve or disapprove an application to issue or renew a dispensary license. fn issuing or renewing a dispensary license, the City Council may impose conditions, restrictions or require revisions on the applicant's operating plan to ensure compliance with the provisions, purpose and intent of this Chapter.- The City Council shall record the decision and the findings upon which the decision is based. The City Council shall cause a written notice of its decision to issue or deny a license to be mailed to the applicant by certified U.S. mail. Section 5-20.11 Effect of Denial. lithe City Council denies an application or revokes a dicpe. sary .cease as provided in this Chapter, no new application for a license shall be accepted from. the applicant whose license has been revoked or application denied and no such license shall be issued to such person or to any company, entity or corporation in which s/he shall have any interest for a period of five years after the action denying or revoking the license Section 5-20.12 Appeal. The decision of the City Council to approve, deny, or revoke a license as provided for in this Chapter shall be final and conclusive and there shall be no right of appeal. Section 5-20.13 Operating Requirements. Dispensary operations shall be established and managed only in compliance with the following standards. 9 221 A. Criminal History. No applicant, his or her agent or employees, nor any person exercising managerial authority over a dispensary on behalf of the applicant shall have been convicted of a felony within the past ten (10) years, B. Minors. (1) It shall be unlawful for any licensee, supervisor, or manager of any dispensary, to employ any person who is not at least eighteen (18) years of age. (2) Persons under the age of eighteen (18) shall not be allowed on the premises of a dispensary unless they are a qualified patient or a primary caregiver, or if they are a minor child in the presence of their parent or guardian. C. Operating Hours. The maximum dispensary days and hours of operations shall be as follows: Monday through Saturday: 9 am - 7 pm Sunday: 12 pm — 5 pm D. Dispensary Size and Access: (1) The retail sales area of a dispensary %hail not exceed 1,200 square feet. Dispensary size shall be Iimited, as deemed appropriate and necessary, to best serve patient needs within the intent of this Chapter and reduce potential adverse impacts that might otherwise occur on surrounding neighborhoods, businesses and demands on City services. (2) The entrance into the dispensary building shall be locked at all times with entry strictly controlled; e.g., a "buzz -in" electronic/mechanical entry system. A viewer shall be installed in the door that allows a wide-angle of view of the exterior entrance. (3) Only dispensary sty primary caregivers, qualified patents, persons with State issued identification cards, persons inspecting the facilities on behalf of the City, persons engaged in maintenance and repair activitnsinthe building, and persons providing professional services such as accounting and legal services, shall be permitted at a dispensary. (4) Potential patients or caregivers shall not visit a dispensary without first obtaining a valid written recommendation from their physician recommending medical use of marijuana. 10 222 (5) Only primary caregivers and qualified patients shall be permitted in the designated dispensing area; dispensary personnel must be present at such times. MI other authorized visitors shall remain in the designated waiting area in the front entrance/lobby. E. Dispensary Supply. A dispensary n iy possess no more than (5) pounds of dried marijuana at any one time in addition to live plants for sale for medicinal purposes that are in a vegetative (not mature) state. F. Dispersing Operations. (1) A dispensary shall only dispense to qualified patients or caregivers with a valid physician's recommendation in compliance with the Compassionate Use Act. Prior to dispensing medical marijuana, the dispensary shall obtain verbal and signed, written verification from the recommending physician that the individual requesting medical marijuana is a qualified patient. No dispensary may provide medical marijuana to any persons other than qualified patients or persons with identification cards and designated primary caregivers who are members of the marijuana collective or cooperative. A dispensary shall only be for the dispensing of medical marijuana and not to evaluate patients and provide a recommendation for medical marijrtaue r. a. b. d. The full name, address, and telephone number(s) of the owner or lessee of the property. The full- name, address, and telephone number(s) of all qualified patients and persons with identification Bards to whom the dispen.ry provides medical marijuana. (6) Patient records shall be maintained on -site, either in paper or electronic form, and secured and verified by the City as needed (consistent with requirements pertaining to patient confidentiality pursuant to applicable State and Federal. law) 11 223 (7) and at least every 12 months by the qualifying patient's physician or Doctor of Osteopathy. The Icensee shall annually provide information on prior years' operations verifying compliance with this Chapter to the City Administrator. Licensee shall modify dispensary operations as required by the City Administrator to ensure compliance with all requirements of this Chapter. G. Retail Sales and Cultivation (1) Subject to this Section, ta: - +'# t tiaia (2) A dispensary shall meet all the operating criteria for the dispensing of medical marijuana as is required pursuant to the Compassionate Use Act and Medical Marijuana Program. (3) The sale of ancillary products, including books, herbal supplements, and devices facilitating the consumption of medical marijuana shall occur in a manner consistent with this Ordinance, and in compliance with all state requirements. H. Operation Requirements. (1) Floor plan. The main entrance shall be located and maintained clear of barriers, landscaping and similar obstructions so that it is clearly visible from public streets, sidewalks and site driveways. (2) Storage. A dispensary shall have a locked safe on the premises, identified as a part of the security plan, for after-hours storage of medical marijuana. A dispensary shall also have a secure area for the storage of immature plants and any other products specifically allowed under the license, which contain medical marijuana Minimum Staffing. The dispensary shall be staffed wring hours, of operation by at least two persons, one of whom must be a manager. (4) Odors. A. dispensary shall have an air treatment system that ensures off site odors shall not result from its operations. (3) 12 224 (5) (7) Security Plan. A dispensary shall provide adequate security on the premises, as approved by the Police Chief and pursuant to this Chapter, including lighting and alarms, to ensure the safety of persons and to protect the premises from theft. (6) Security cameras. Security cameras required by this Chapter shall be installed to monitor, at the minimum the main entrance and exterior of the premises to discourage loitering, crime, and illegal or nuisance activities. Security video retention. Security video shall be retained for 30 days. Images shall be made available to the Police Chief upon a reasonable written request for the specific tithe period. (8) Alarm system. A State -licensed professionally monitored robbery and burglary alarm system shall be installed and maintai ed in good working condition. Emergency contact A dispensary shall provide the Police Chief with the name, phone number and facsimile number or end address of an individual working on the dispensary premises, to whom notice of problems associated with the operation of the dispensary can be provided. The dispensary shall keep this inforuaation current at all times. The dispensary shall make every good faith effort to encourage neighborhood residents to call this designated person to resolve operating problems, if any, before any calls or complaints are made to the City. I. Signage and Notices. (9) (1) Signs on the premises shall not obstruct the entrance or the video surveillance system.. The size, location, and design of any signage must conform to the sign provisions in the Clearlake Zoning Ordinance (2) Business identification signage shall be limited to that needed for identification only, consisting of a single window sign or wall sign that shall comply with the appropriate sign requirements with the applicable zoning district. J. Employee Records. Each owner or operator of a dispensary shall maintain a current register of the names of all employees currently employed by the dispensary, and shall disclose such registration for inspection by any City officer or official for purposes of determining compliance with the requirements of this Chapter. K. Ilinancial Review. Each dispensary shall allow the City to have access to the dispensary's state income tax returns previously filed with the state for the purpose of verifying that the dispensary is 13 225 operating on a not -for -profit basis in accordance with the Attorney General's Guidelines. Tax returns shall be produced within 14 days after receipt of the City's written request. L. Staff Training. (1) Dispensary staff shall receive appropriate training for their intended duties to ensure understanding of rules and procedures regarding dispensing in compliance with State and local law. (2) The dispensary shall take those steps necessary to assure that the persons assigned to provide security are properly trained or employed by a private security service in good standing with all supervisory or regulatory bodies exercising jurisdiction over such services. M. Site Management. (1) The operator of the establishment shall take all reasonable steps to discourage and correct conditions that constitute a nuisance in parking areas, sidewalks, alleys and areas surrounding the premises and adjacent properties during business hours if related to the patrons of the subject dispensary. (2) a "Reasonable steps" shall include calling the police within 30 minutes of observation of the activity, requesting those engaging in activities that constitute a nuisance or are otherwise illegal to cease those activities, unless personal safety would be threatened in making the request. b. "Nuisance" includes but is not limited to disturbances of peace, open public consumption of medical marijuana or alcohol, excessive pedestrian or vehicular traffic, including the formation of any pedestrian lines outside the building, illegal drug activity, harassment of passersby, excessive littering, excessive loitering, illegal parking, excessive loud noises, especially late at night or early in the morning hours, lewd conduct or police detentions and arrests. The operator shall provide patients with a list of the rules and regulations governing medical marijuana use and consumption within the city and recommendations on sensible medical marijuana etiquette. N. Compliance with Other Requirements. The operator shall comply with all provisions of all applicable local or State laws, regulations or orders, as well as any condition imposed on any permits issued pursuant to applicable laws, regulations or orders. O. Confidentiality. 14 226 To the extent protected by law, the information provided for purposes of this section shall remain confidential It shall be maintained by the City Administrator or Police Chief, as appropriate, and not disclosed as public records unless pursuant to subpoena issued by a court of competent jurisdiction_ P. Display of License. Every dispensary shall display at all times during business hours the license issued pursuant to the provisions of this Chapter foa such dispensary in a conspicuous place so that the same may be readily seen by all persons entering the dispensary. Payment of Fees. A licensee shall pay all annual license fees at the time that an original application is filed or an annual renewal application is submitted. Section 5-20.14 Annual Term of License and Renewal Required. A. Licenses issued under this Chapter shall expire one (1) year following the date of their issuance. B. Licenses may be renewed by the City Administrator for additional one (1) year periods upon application by the licensee, unless the license is suspended or revoked in accordance with the provisions of this Chapter. C. The dispensary shall be notified by the City on a timely basis that an annual renewal application is due to be filed. Complete applications for renewal shall be made at least forty-five (45) days before the annual expiration date of the license and shall be accompanied by the nonrefundable application fee referenced herein. Applications for renewal Rhal [ be governed by the same criteria applicable to initial applications for licenses. D. Applications for renewal made less than ttrty-five (45) days before the annual expiation date shall not stay the annual expiration date of the license, and in addition to satisfying all other applicable criteria for license renewal, the applicant shall be required to demonstrate good rause for failing to have timely filed the application for license renewal. The City Administrator shall have the sole discretion to determine whether such good cause is demonstrated. E. Licenses be revoked or suspended by the -City -Council on the grounds and terms provided in this Chapter. F. In the event that the City Administrator and Police Chief are not able to act upon a license renewal application prior to the date said limn. e expires, and said inability is due to no fault of the City, said license shall expire as of its expiration date and the dispensary shall no longer operate after said expiration date. In such circumstances, should the licensee of the expired license desire to reestablish the right to operate a dispensary, the licensee 15 227 must do so by applying for a new dispensary license complying with all requirements of this Chapter applicable to an original application for a dispensary license. Should the City Council approve the license application, said decision shall be deemed effective on the date of the City Council's decision. G. The establishment of a Youth -Oriented Facility within 600 feet of a dispensary following the initial issuance of the license shall not be grounds for subsequently revoking the license. Section 5-20.15 Suspension and Revocation. A. Any license issued under the terms of this Chapter may be suspended or revoked if the City Council finds that the Licensee has violated any of the provisions of this Chapter, or the dispensary is otherwise being operated in a manner that violates any of the provisions this Chapter. B. Except as otherwise provided in this Chapter, no dispensary license shall be revoked or suspended by virtue of this section absent notice and a hearing. The City shall provide written notice to the Licensee that the City Council will hold a hearing, at a scheduled meeting, regarding the suspension or revocation of his/her dispensary license. The City shall provide such notice no less than fifteen (1 S) days before the date of said hearing. The notice shall contain a brief statement of the grounds for revoking or suspending the Licensee's dispensary license. Notice may be given either by personal delivery to the Licensee (in which case, service shall have deemed to have been effected upon delivery of the notice), or by certified U.S. mail in a sealed envelope, postage prepaid, return receipt requested, addressed to Licensee at the address appearing on his/her dispensary license application (in which case, service shall be deemed to have been effected on the date the receipt indicates delivery was accomplished). C. If the City Council finds that sufficient grounds exist for the revocation or suspension of a dispensary license, then said determination shall be announced at the hearing, and written notice of said determination sent to the Licensee by personal delivery or certified U.S. mail in a sealed envelope, postage prepaid, return receipt requested, and addressed to the Licensee at the address appearing on his/her dispensary license application. D. The decision of the City Council shall be final and conclusive and there sh111 be no right of appeal. E. Procedures for the above are not exclusive and the City reserves the right to enforce all applicable Taws for any licensee's violation of any law. Section 5-20.16 Transfer of Licenses. A. A licensee shall not operate a dispensary under the authority of a dispensary license at any place other than the address of the dispensary stated in the application for the license. 16 228 B. A licensee shall not transfer ownership or control of a dispensary or teanefer a dispensary license to another person Bless and until the transferee obtains an amendment to the license from the City Council stating that the transferee is now the licensee. Such an amendment may be obtained only if the transferee files an application with the City Administrator in accordance with all provisions of this Chapter (as though the transferee were applying for an original dispensary license) accompanied by a transfer fee in an amount set by resolution of the City Council (or if not set, shall be the same amount as the application fee), and the City Council determines (after hearing) in accordance this Chapter that the transferee would be entitled to the issuance of an original license. C. No license may be transferred when the City Administrator or Police Chief has notified the licensee that the license has been or may be suspended or revoked. D. Any attempt to transfer a license either directly or indirectly in violation of this section is hereby declared void, and such a purported transfer shall be deemed a ground for revocation of the license. Section 5-20.17 Imposition of Fees. A. Every application for a dispensary license or renewal shall be accompanied by a nonrefundable fee, as established by resolution of the City Council from time to time. This application or renewal fee shall include fingerprinting, photographing, and background check costs and shall be in addition to any other costs imposed by this code or other governmental agencies. Fingerprinting, photographing, and background check fees shall be as established by resolution adopted by the City Council from time to time. The time frames for the implementation of this Ordinance shall not be in effect until the City Council adopts a fee resolution. In the event that employee changes occur during the year, the applicant must submit the new employee for fingerprinting, photographing, and a background check and pay the appropriate fees for those services. B. All fees established by the Council to implement this Ordinance will reflect the City's costs to complete the requirements of the Ordinance. In addition, there will be a one- time fee to initiate the application process and an annual renewal fee. This one-time fee an4 Ile renewal fee will be comparable to tip. typical cost of obtaining a City Business License Section 5-20.18 Violations. A. It is unlawful for anyperson, individual,parEnersht�p,, co-_paetnershi_p_eferra,association, joint stock company, corporation, limited liability company or combination of the above in whatever form or character to violate any provision or fail to comply with any of the requirements of this Chapter and/or any dispensary license issued here undcr. B. A violation of this Chapter and/or any dispensary license issued here under shall be punished in accordance with the Clearlake Municipal Code. 17 229 Section 5-20. 19 Remedies Cumulative. All remedies prescribed under this Chapter shall be cumulative and the use of one or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing the provisions hereof. Section 5-20.20 Separate Offense for Each Day. Any person that violates any provision of this Chapter shall be guilty of a separate offense for each and every day during any portion of which any such person commits, continues, permits, or causes a violation thereof, and shall be penalized accordingly Section 5-20.21 Public Nuisance. Any use or condition caused or permitted to exist in violation of any of the provisions of this Chapter and/or any dispensary license issued here under shall be and is hereby declared a public nuisance and may be summarily abated by the City. Section. 5-20. 22 Criminal Penalties. Any person who violates, causes, or permits another person to violate any provision of this Chapter and/or any dispensary license issued hereunder commits a misdemeanor. Section 5-20.23 Civil Injunction. The violation, or threatened violation, of any provision of this Chapter and/or any dispensary license issued hereunder shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of City Council, create a cause of action for injunctive relief, which may be brought by the City Attorney. Section 5-20.24 Administrative Remedies. In addition to the civil remedies and criminal penalties set forth above, any person that violates the provisions of this Chapter and/or any dispensary license issued here under may be subject to administrative remedies as set forth in the Code. Section 5-20.25 Conflicts. All ordinances or parts of ordinances or resolutions in conflict herewith are hereby repealed to the extent of such conflicts and no further. 18 230 Section 5-20. 26 Effective Date, The effective date of this Ordinance is thirty (30) days after its adoption by the City Council. PASSED AND ADOPTED this 14 day of July, 2011 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor Joyce Overton, Council Member Curt Giambruno, Council Member Jeri Spittle; Council Member Judy Thein None Vice Mayor Joey Luiz None 19 231 ORDINANCE 02010 12 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NAPA, STATE OF CALIFORNIA, AMENDING THE NAPA MUNICIPAL CODE BY ADDING A NEW SECTION 17.52.275, AMENDING SECTIONS 17.10.020, 17,12.020, AND 17.14.020, AND REPEALING CHAPTER 5.82, ALL RELATED TO PERMITTING. AND REGULATING OPERATION OF MEDICAL MARIJUANA DISPENSARIES ANDM8 IA f `j i #!I 0 WHEREAS, in 1996, California voters enacted the Compassionate Use Act (the Act") of 1996, which, as codified in California Health and Safety Code Section 11362.5, dd a1%s _the possess10 .:a i c flv!1 : Df =.megri.6I liana kirbitgit. MONO. j t s, and WHEREAS, in 2004, the California legislature enacted Senate Bill 420, the Medical Marijuana Program, which, as codified in California Health and Safety Code Section 11362.7 et seq, clarifies the scope of the Act and sets forth the allowable scope of the use of marijuana for medical purposes; and WHEREAS, the Act and the Medical Marijuana Program contemplate a clinical relationship between qualified patients (or persons with identification cards issued by Department of Health) and their primary caregivers, under which qualified patients (upon the recommendation of a physician) and primary caregivers may possess or Wig 4figiiiiiiikrip:0110-piiii204-kpogi;and WHEREAS, I dmifaaj ark. possessic . r .at ( %!fit 1193PeritifY KO* x x s uttivatid al ai persons• v i rdap PietAtatP. Okatilt i 10 ..ilikese demise %Violet!'PlImAV Oahe a 1tite ie 1 .P1PQsi and WHEREAS, the City Council takes legislative notice that, based upon materials presented to the City Council during public hearings during the legislative process leading to the adoption of this ordinance, several California cities and Counties have experienced serious adverse public safety impacts associated with unregulated medical marijuana dispensaries, or an overconcentration of medical marijuana dispensaries within a single jurisdiction.' These impacts include, but are not limited to: increased criminal activity, burglary, .Ioiterang,-armed-robbery, diversion- of -marijuana -for -non-medical er--recreational purposes, increased incidence of driving under the influence of marijuana and alcohol in the areas surrounding such facilities, adverse traffic impacts, increased sale of recreational marijuana in the areas surrounding such facilities, increase in unreported crime avoid negative publicity for the facilities, sales of other illegal substances from the facilities, noise and nuisance impacts, and related adverse impacts on surrounding businesses; and 02010 12 Pagel of 22 232 WHEREAS, the City Council takes iegisiative notice of a California police Chiefs Association compilation of police reports, news stories and statistical research regarding such secondary impacts, contained at ttp://Haar v.californiapolicechiefs.oralnavfilesimedicalmariivana.html ; and WHEREAS, in August of 2008, the California Attorney General's office, under direct authority of the Medical Marijuana Program, issued a set of guidelines to ensure the security and non -diversion of marijuana grown for medical use; and WHEREAS, the City Council hereby finds that there exists ampie evidence, in the record and in the experiences of other California .jurisdictions that have not regulated medical marijuana dispensaries, or that have an overconcentration of such facilities, that such lack of adequate regulation or overconcentration of such facilities within a community pose a direct threat to the public health, safety and welfare; and WHEREAS, the City has conducted a broad and inclusive public process, including workshops and hearings open to the public regarding the issue of regulating medical marijuana dispensaries and cultivation (including community workshops, a Planning Commission hearing, and City Council hearings, on: August 18, 2009, September 1, 2009, September 15, 2009, December 9, 2009, February 9, 2010, March 16, 2010, April 15, 2010, and June 1, 2010), and has heard public testimony, and adopted a framework of five policy principles to guide the regulation of medical marijuana dispensaries and k O. 'a:,t which principles include the regulation of the physical aspects of dispensaries, limitations on number and size, separation and appearance standards, establishing a process for review of applications, setting forth regulations for cultivation and supply of medical marijuana to _dis ensaries, the WHEREAS, under Article XI, section 7 of the California Constitution, California Cities are authorized to make and enforce within their limits all local, local", police, sanitary and other ordinances and regulations not in conflict with general laws; and WHEREAS, an ordinance regulating medical marijuana dispensaries and associated cultivation facilities, !limiting the total potential number of permid dispensaries in the City to two, and establishing reguiations regarding residential medical marijuana cultivation by qualified individuals is thus necessary and appropriate to maintain--and--pretest -the-public-health' safety -and welfare -of -the -citizens .of -the -City ct Napa; and WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council identified herein, including any supporting reports by City Staff, and any information provided during public meetings. NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Napa as 0201012 Page 2 of 22 233 follows: SECTION 1: Napa Municipal Code Chapter 5.82 repealed. Chapter 5.82 of Title 5 of the Napa Municipal Code, "Medical Marijuana Dispensaries Prohibited," is hereby repealed in its entirety. SECTION 2: Land Use Regulations amended. Section 17.10.020 of Chapter 17.10 of Title 17 of the Napa Municipal Code is hereby amended to add a new use, "Medical Marijuana Dispensaries" in the appropriate alphabetical location to the uses listed under Subsection C (2), "Medical Services (medical, dental, health -related services, accessory sales)" within Subsection C of the Land Use Regulations table in Section 17.10.020, "Offices and Related Uses," to read as follows [Note: none of the other subsections of the Land Use Regulations table in Section 17.10.020 are amended by this Ordinance] AMENDING NAPA MUNICIPAL CODE SECTION 17.10.020 Zoning Districts C L C T C C C D CDP Gnd LvI CDP Upper Basmt Added Use Regulations C. Offices and Related Uses 2. Medical services !medical, dental and health related with accessory sales) Medical Marijuana Dispensaries C 1 C Subiect to Section 17.52.275 SECTION 3: Land use regulations amended. Section 17.12.020 of Chapter 17.12 of Title 17 of. the Napa Municipal Code is hereby amended to add a new use, "Medical Marijuana Dispensaries" in the appropriate alphabetical location to the uses listed under Subsection A (2), "Medical Services (medical, dental, health -related services, accessory safes)" within Section A of the Land Use Regulations table in Section 17,12.020, "Offices and Related Uses," to read as follows [Note: none of the other subsections of the Land Use Regulations table in Section 17.12.020 are amended by this Ordinance] AMENDING NAPA MUNICIPAL CODE SECTION 17.12.020 0 2. Medical services (medical, dental and health -related, with accessory sales) Medical Marijuana Dispensaries C O 1__Added Use Regulations M Subiectto Section 17.52.275 02010 12 Page 3 of 22 234 SECTION 4: Land use regulations amended. Section 17.14.020 of Chapter 17.14 of Title 17 of the Napa Municipal Code is hereil r amended to „(1) add a new use, UIt; in the appropriate alphabetical location to the uses listed under Subsection A, Industrial Uses" within the Land Use Regulations table in Section 17.14.020; and (2) to add a new use under a new Subsection 17.14.020 C (2), "Medical Services (medical, dental, health -related services, accessory sales)" listing "Medical Marijuana Dispensaries" as a use within the table to read as follows [Note: none of the other subsections of the Land Use Regulations table in Section 17.14.020 are amended by this Ordinance] AMENDING NAPA MUNICIPAL CODE SECTION 17.14.020 Zoning Districts IL IP-A IP-B IP-C Added Use Regulation A. Industrial Uses ' T _ t �r- tilf Wit. t* C. Offices and Related Uses 2. Medial 'micas (medical, dental and health -related, with acceasorysales) Medical Mariivana Dispensaries C . • . • Subiect to ectien 17.52.275 iwith particular reference to subsection D.(211 SECTION 5- New Section 17.52..275 added to Chapter 17.52. A new Section 17.52.275 is hereby added to Chapter 17,52 of Title 17 of the Napa Municipal Code to read as follows: 17.52.275 Medical Marijuana Dispensaries and Cultivation. A. Purpose, Scope, and Findings 1. The City Council finds that, in the absence of the regulations set forth in this Section, the adverse impacts directly associated with the cultivation, sale, and distribution of Medical Marijuana, as defined herein, pose a substantial threat to the public health, safety and welfare of residents and businesses within the City. The City Council also .finds that it is in the public interest to permit a limited number (not to ' exceed two) of Medical Marijuana Dispensaries with accessory aggregated cultivation to provide access to Medical Marijuana for the residents of the City of Napa, provided that 02010 12 Pape 4 el 22 235 any Medical .Marijuana Dispensary and any Aggregated Cultivation of Medical Marijuana is in full compliance with this Section. 2. This Section is not intended to, and does not, authorize the violation of State or Federal law. 3. (it is ile pu **Oa 000,ensat s w s'� Ag000 t ` Cultwotton'-aciities _ Jt reguiatioT s as their to ion, ph. rsi a)d ens ons, - OPiti6apincp, and opemtio an . +i forfiliT4411i4,004:Viit 11` a 1 , M, a i n,re ?tlaI us 1 tort. *Nide rot a limited .! of MOW 4. Notwithstanding the general references in this Section to Chapter 1.16 of this Code, and notwithstanding the general provisions of Chapter 1.20 of this Code, this Section is not intended to, and does not, establish any criminal liability for a violation of this Section. A violation of this Section shall be subject to all other enforcement methods identified in Chapter 1.16 of this Code. 5. This Section is not intended to, and does not, authorize the sale or distribution of marijuana (as defined by and used in California Health and Safety Code Division 10, Chapter 6, including Sections 11358 and 11360) for any non -medical purposes. It is a violation of this Code, subject to enforcement pursuant to Chapter 1.16 of this Code, for any person to establish, operate, or own any parcel or location (whether fixed or mobile) where there occurs any sale, distribution, or any other means of providing marijuana for any non -medical purpose. For the purpose of this Section, a "non -medical purpose" shall mean any sale or distribution of marijuana that is not subject to the protections of the Medical Marijuana Laws. B. Definitions l§011, all l ea l aj ) Or location 'the r fi 434 jr n le eat Cult fqj. i :et i I ar u , y . - atio.c4+onng 01 e t t l a Ana,- Puisuant a al Mar ua._ , :PP 'Director" means the Community Development Director, or a designee of the Community Development Director or City Manager. "Identification Card" shall have the meaning given that term by the Medical Marijuana Laws. (See California Health and Safety Code Section 11362.7.) "Medical Marijuana" is marijuana possessed, ,distributed, or cultivated for medical purposes, in full compliance with Medical Marijuana Laws. 0201012 Page 5 of 22 236 ..._y rr means any_parcel or location, whether fixed or mobile, where either:(i) �_ makes available, sells, transmits, gives, distributes, or otherwise provides Medical Marijuana to two or more Qualified Patients; itilaftlititeliziptalvsg.ii make available, sell, transmit, give, distribute, or otherwise 'provide Medical Marijuana under the purported authority of Medical Marijuana Laws: A "Medical Marijuana Dispensary" shall not include any of the following uses, so long as such uses otherwise comply fully with this Code, Medical Marijuana Laws, and other applicable law: 1. A Clinic licensed •pursuant to Chapter 1 of Division 2 of the California Health and Safety Code. 2. A health care facility licensed pursuant to Chapter 2 of Division 2 of the California 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 Caiifomia Health and Safety Code. 4. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the California Health and Safety Code. 5. A hospice or home health agency, licensed pursuant to Chapter 8 of Division 2 of the California Health and Safety Code. "Medical Marijuana Laws" shall mean California Health and Safety Code Section 11362.5 (the "Compassionate Use Act of 1996"), and the laws and regulations of the State of California adopted in furtherance thereof, including California Health and Safety Code Sections 11362.7, et seq. (the "Medical Marijuana Program Act"), and guidelines adopted by the Attorney General pursuant to California Health and Safety Code Subsection 1136281(d). "Person will an Identification Card" shall have the meaning given that term by the Medical Marijuana Laws. (See California Health and Safety Code Section 11362.7.) "Preferred Applicant" shall mean the person or entity qualified, through a selection process, to file a use permit application for a Medical Marijuana Dispensary. "Primary Caregiver" shall have the meaning given that term by the Medical Marijuana Laws. (See California Health and Safety Code Section 11362.7.) "Qualified Patient' shall mean a person who is entitled to the protections of California Health and Safety Code Section 11362.5, whether or not that person has an Identification Card. Thus, for the purpose of this Section, the term "Qualified Patient" shall encompass both the definition of "Qualified Patient" and the definition of "Person 0201012 Page 6ot22 237 with an Identification Card" (as those terms are used in the Medical Marijuana Laws). (See California Health and Safety Code Section 11362.7.) "Youth Population Uses" shall mean any elementary or secondary school (whether public or private), and public parks owned and/or maintained by the City of Napa. CiP foi Medic ngt gli/vivair 40114110n (Iti If is::.4.iitoi*idatibiOzade, suomtv, enforcement Kiltuant , -- apte (1.-r1--**0440i:10. any 00000: !O., establish, -P.PO4*1-`or own a Me** 2Mariju1 , 4.1.iii44:ofeapAgtgtOet Oft,Ogf.09:Nitlik:witOr, the City _ Al*, 0000,..t., ,..,, 4extent6001100; . operated, and powned jw4009.:.,- _ft IyhtThr41 ‘arits.;01;1# :ii . Use -Perffiki0s4d,00 Oilt441140000ii.ad inoonformance.: (appiicJIeprgvsions:i.-1 I 2, Ot is illitplatjOri:of-Ahla.., od�, tupipot.topnloTtorners-00040i 101 (1 10 of this 64O;,, for any 0005/1: 10 OAtaielriedfa4.11* ' 1100.Infess OM* ''' 0 50°' onductedat a Medlcal Marjuana Paspensaty pr•,7., 1 n accordrce wth. this... T..i.jor (4)20.14100 u 0004 for the solepurpose..' ' .0000:me *0.,- viith'..-011.0,' Set*i.:- , joiiiver Va ta 4mai*: - at the residence 4.4:: -iO4Cultivation :;‘:-....,, Qualihe0-'railant for og- trOiait 60 :.ciiiiiiti- .. , in'ition/000fre,i "--i10;illil°1-'.all*:°. ' :._:..*Niopai tt -(41' kg . . _ a. (Vie: • residence - in:Am01 0q41,1i4tt 4001'n.9.10p4ertt con gou space of 25:situ and Vio.0(41104,40$11:400-t* cappes; ,...N4,14,40a euILivaton.antitatialtfiia 10$0071n, oneconhiguous aeaofthe, "OM tftfkoatxcOtJv t1rnight141 0440:- not exceed 1230' use iiIaoe, Or 106110Stag IA* „ • Igliict of Agit (t0 12 Page 70122 407/#14-1211:01,„ 238 bika ua1ifi1 i:*es ca y �sl q rre*t's a 'cate Deaf e t fa cb rra. : `a th°:•4.111i visittik ags. ligt- 1; ' O-d , t:. Iti' ;��,gyyp[� set-'py�.� oxious: t om.'! L 004W' =tot a dp � na s ie rdi-llmttabo �. no 'IPTOliance expanded. ..co ne . edfl a �aiiied Past, d _ e su eg �t (2) a iimue s The sanded Med� Mar' eulti n ? ail n :with a .1-f .ur f � � r_;� ii .: 1� tit. ..`'�i: ti vial:: y equ ad i $ r _ eto neat the.. tors. hf.; _s r + Et . i ` 'd dick -..f. �� �. �+�- $���,.� +� a _`��aa��.-��1��y•ii i0:i�.�ii 6-1[6 etech . ale �dy sade , or Of a g 9e. air s� ntatn *!A -40dr ai# 11,144 'the ie r r fir a t va ofink te arks. v: 'the afla ;.1OPtiniergaibil D. Zone and Separation Standards 'not na' cal pi s 1. Zones. Medical Marijuana Dispensary Use Permits may be permitted as a _conditi.onal.. use properties_ within the_ zones so_ Indicated in- Sections -17.10:020, 17.12.020 and 17.14.020 of this Title. 2. Conditions Apelicabie to Medical Marlivan� Dlspensary Use in the IL Zone. in addition to all other applicable criteria and requirements contained in this Chapter and In Chapter 17.14, all of the following additional provisions shall be applied to Medical Marijuana Dispensaries proposed and permitted within the IL zone: 0201012 Page 8d22 239 a. The Medical Marijuana Dispensary snap be operated adjacent to, but separately from, the accessory Aggregated Cultivation Facily. _ b- her et�all dip e at from tfie ticii ar uana �s efrigarii 1b f1 a A9 rested 1u1tivah p cj r that is open t4e.Publi0 embers p .a customers, pf:J1,10 .404.1o0: M Tiluat tt► ` pspensasy. . �s f negated l a itrvats r Na hatll be 11i ed t employees. and �a -" attoTs- perp*e for the purposeof _operation in accordance with t and trim_ Chap r.. The_ V►ggre tivn at i1i :' MOtTcai Matil*Pgi Pe Ashy j Ease ; ara edit + door,. d. The Medical Marijuana Dispensary shall have access to off street parking in compliance with NMC Chapter 17.54, on site and adjacent to the public entry door, provided at a rate equal to one space for each 250 square feet of floor space. e. The public entry door to the Medical Marijuana Dispensary must be visible from, and within 200 feet of, a public street right-of-way. f. The area within 50 feet of the public entry door of the Medical Marijuana Dispensary shall be Illuminated, to a minimum level of two (2) candle foot, during the time between dusk and the permitted closing time of the Medical Marijuana Dispensary, with such lighting subject to shielding as set forth in NMC Section 17.14.040.L. 3. Separation. The zoning of a property notwithstanding, Medical Marijuana Dispensaries shall also be subject to the following separation standards: a. A Medical Marijuana Dispensary shall not be located Tess than 1000 feet from any other Medical Marijuana Dispensary. For the purposes of measuring the separation to between Medical Marijuana Dispensaries, the distance of separation shall be measured from the exterior walls of the building containing the first medical Marijuana Dispensary to the exterior wall of the building containing the second Medical Marijuana Dispensary. b. A Medical.Marijuana Dispensary shall not be located less than 500 feet from any youth population use. For the purpose of measuring the operation between Medical Marijuana Dispensaries and Youth Population Uses, the distance of separation shall be measured from the exterior walls of the building containing the Medical Marijuana Dispensary premises to the property line of the property occupied by the youth population use. c. The foregoing separation standards may be reduced only to the extent that the City Council finds, based on substantial evidence, that an intervening permanent feature in the landscape (such as a creek or a highway) provides an irnpenettrable--bar-rier-to-pedestrian-access-between--the-uses;--svthat-the -separation-of the uses is functionally equivalent to the requirements of this Section. E. City Council as the Authority to Issue Medical Marijuana Dispensary Use Permits Notwithstanding Section 17.60.020 .of this Title, the City Council shall approve, conditionally approve, or deny any application for a Medical Marijuana Dispensary Use 0201012 Page 9 of 22 240 Permit pursuant to this Section, based on an aciviso y recommendation from the Planning Commission. F. Maximum Number of Medical Marijuana Dispensaries For each competitive application process for a use permit under this Section, the City Council shall issue no more than one Medical Marijuana Dispensary use permit. Following the date of issuance of the first use permit under this Section, the City shall not commence the competitive application process for a second Medical Marijuana Dispensary use permit for 365 days. Notwithstanding the limitations of this Subsection (F), upon the revocation of a permit (pursuant to Subsection 17.52.275(P), the Director is authorized to Issue a notice to commence a competitive application process for a replacement permit (pursuant to Subsection 17.52.275(I)). Following the issuance of the first use permit under this Section, the City shall not commence the competitive application process for any subsequent Medical Marijuana Dispensary use permit unless the City Council finds, by resolution, that the issuance of a Medical Marijuana Dispensary use permit to a subsequent permittee is necessary to adequately serve the needs of the residents of the City of Napa. At no time shall there be more than two validly -permitted Medical Marijuana Dispensaries within the City of Napa. Nothing in the foregoing shall obligate the approval of any application by the City. ensue:07,-Y- . tql4010,00401talial 0201012 Page 10 of 22 241 l Ga ve# i t mil be t rs. Eraa P git of w ;.; re shall be rio : visual 'jden 'i rl ' i l Nana otiltiVaiirmi etil.lef Wirt or :444e.tie c j a tie: ern hit Oigna_' a fs a POO pursuant e a't. Adverse impacts + f e i ti a ar vtion? stall :be i 'wed t o `public "nuisances (ae.. defined by,'CalifOrtiksClvit .-.Cow. ction Ste) does t1t ndu ng wit tiotlinitted to. adverse pacts 0dust glare faeat. nols .-, noxious gasses,. dot', s oke, traffics vibrai on, or the . u e or stor of ha a does Oaterifat , es p 148, pf:/*Os. .gregaa d.t ltivation FMih s l be operated f rthe 1e purpose t M d Marijuana to the primmer •use. sect t0a Medical l'vlarkusna. sewuse permit Medical 14E4 Cultivatibn for purposes not au Orized by. 1#iled t Marijuana tars kg bite {:: o om erciaf ,a fu+ . shypriur at'the kilkooted, Fac ity H. Membership Limits for Medical Marijuana Dispensaries No Medical Marijuana Dispensary use, as permitted in accordance with this Section, shall have a membership of cooperative members exceeding ten percent (10%) of the population of the City of Napa as established by the most recent final United States census. Provided, however, as a part of the annual review of a Medical Marijuana Dispensary Use Permit (pursuant to Subsection 17.52.275(0)(16), the City Council, by resolution, may increase in the maximum membership limitation of this paragraph if it finds that the increase is necessary to adequately serve the needs of the residents of the City of Napa. I, Notice of Commencing Competitive Application Process Any person who desires to be considered as an applicant for a Medical Marijuana Dispensary use permit under this Section may submit contact information to the Director. The Director shall maintain the contact information of each such person, on a list of potential applicants, for two years thereafter. For each competitive application process authorized pursuant to Subsection (F), above, the Director shall provide at least sixty days prior notice for the submittal of applications. The notice shall be provided to the general public and to each individual on the maintained list of potential applicants. The notice shall identify the deadline date on which applications are required to be submitted to the Director, and the location where potential_ applicants--may--obtain .additional ._information __r_egarding fhe_selection _criter_ia and process. J. Screening Application for Competitive Selection of Preferred Applicant 1. Any person seeking a Medical Marijuana Dispensary use permit under this Section shall submit a screening application to the Director no later than the deadline set forth in the notice of commencing competitive application process (issued pursuant 02010 12 Page 11 of 22 242 to Subsection (l), above). In the event that the Director determines that a screening application is incomplete or fails to provide the information and documentation required by this Section, the Director shall notify the applicant In writing, and the applicant shall have an additional 30 days (or longer as authorized by the Director) in which to submit needed supplemental information or documentation as specified by the Director. If an application is incomplete after the Director provides an opportunity to submit needed supplemental information or documentation, the Director is authorized to reject the application as jncomplete. 2. Each applicant shall submit the followin9information (forthe Modlcal ;� si r` acid lie t ro _ iiiiiiit iephone r � 0.per +ve oft--c t 0 4e o I a oa hh O,. _ _ am d y4 d f onnw 11 # �.. it , e � Vial t �s iiective Wit' _ .ill :. 8?"it n en1s 1 t i a J ` !` - :,...�. dh+r* of d b� ind s to e :to `dbootie n f . (1) No applicant shall be selected nor shall an application be approved if a principal or manager shall have been convicted of: • Any offense related to possession, manufacture, sales, or distribution of controlled substance, with the exception of marijuana related offenses; or • • Any offense involving the use of force or violence upon the person of another. (2) The Director may also consider (as indications of the qualifications of the applicant) but shall not necessarily be obligated to deny an application if a principal or manager shall have been convicted of any other criminal offense, including but not limited to: • Any offence involving theft, fraud, dishonesty or deceit; and, 5 Any offense related to possession, manufacture, sales, or -distribution of -marijuana -related -offenses. (3) For the purpose of this Subsection (J)(2)(d), a conviction includes a plea or verdict of guilty or a conviction following a plea of nolo contendre. e. Proposed plan of operation for the prospective Medical Marijuana Dispensary to demonstrate compliance with the requirements of the Medical Marijuana Laws and this Section. This shall Include, but not be limited to an indication of: (1) the manner of maintaining an adequate (and not surplus) of supply, including any intent to operate an Aggregated Cultivation Facility, methods of documenting source of supply, 0201012 Page 12af22 243 i s"t at I e imp sed on a -fie d a rn a t :° � s t these c to en it Nam; :(44- moo -no' �r o s *ing compliance_ � an, and � ? is r S ing sy to ns dn+ci ptov ► an 0f .a !acre 0e contrnf a .i. or coc.pgr ve o n�ti int�w v � too Jon4, those ao _queue p a docu a nt iOn fh h a s 'ecristran of a tl a f wfor einui �r1t ►n ati f p tivacy•, - docurnent Ici . ► uali ed. pa i t sWS, old. ,iidn ooehir ingc id t catit 1 q fn fora r� n iUfops art rp " sT ns, _�: race&•e, 4ap d� a et tI$_ate mead #ar anc d pr ratIons,"and d mon ra� t f* , i ce sat approval A state t fdc fe told 11014110.9 101,.idle II *III Atit* ..:iir t ns i 0• theo, AA ated . . e a �s jot*e thief sic ation �# . the' (ac ra i n n I .m i ds end fit ,ps,� i , 166664, rye 40-• �y in t ,pry a csble prep ;tier I ,!owes -6 ��Nolo p nA f 'n �VX4C-S it4o.LAte ref �e ci ti ratio of a ed Maya rgo, ooinnglie Me I. jutati ao b in. 4 0201012 Page 13 of 22 244 3. 1,44:41Prse gi.ia bSt fi frizeid,,-10' ifilovAti att. pitthitiow 4-2-itopootAL 400 '..00.111:19 '49001. C,94.49,9e96: fet0-00$ 00001tioff vett. -71114.• g-oiMt-.10000 oomply wh lhe cod4ion% eats4 .01 1dy the leafed* the re 'way Mewl -one or more �t Stig4Altft twit -Wen 44104401y,-4c wrdten VPliki.4110ekaOkagititthlwoineptititi4 , , • I OSP* .110141.* . tis'aike ***41:4 ouppattko pr iigetMiriei*Of: m to Th an , Orticititoti.444ittoikkotri4 0.10i#4.11i6 7 JEW K. 9 ',bit .1011k? !..14Wif.11140:44 _ tfl !444_. cerWir 91.010-01 eked 24S " - *Jigs -WOO Eir tie prt4 iileigoal-MartlaWiaDtsPen _____ ,• .- ill4:evoluiata,c4ftiiihalloO' ' , . r''' hie Sick ' bath* for a bletheal to illv oppotecrAggrogatett COtiPaffon!' --a04;-:_ _ , _ Ilona Dispensary Jjge Pannitihall:ke- IR*16on 1Lkint lat :HY IIIA vq.k) = , ..„ , • - . s., - • . shaitinetogfigt f _ rtir . _ 3? * - ,:ten premises $ Went to de010nOtra . _ deaSi f _41:10gtigiretAea 1.00**1:11:antl.pians Prbc;tii- e jy_401104.1ineetitt , :41.40010 rth0:ii4• flU qQ.0000.01.t_1064041444011.01440g: (4; Aikokiktviiep 71*1 409o11#11 'supplemented aid toptialedlor tho•putposeS of. ISO^ the* 030* MAtii*ea; rlsOiltiqatyroti. tie Agar 9o3Poripo compliance with any tondjtiops 04041: ,00040ORY welj tenet( • separate Saty and e Aggregated ' . Otift •ptiopOs • whichwhichAra 0_04 .40.0rafOrai 'plain; epitomes that ate vioiNeltott a ppisip., Oet, a jot* 0.rea. that- is vhySidakoepittakot::Itop-** rooOkatioatipaciii supply, 0.7441004: any adverse_ impacts -hemp: aces on the site, PO pay phones (0_440 0!. oat, of : semir guardto opfOrn. -permit foromp1iancey0109400. the. itypediate, tif02..$ use of opist! . (and o„ ' r 0*. *Loon* .-A-_fieW Of irtorialkitt 300 foot nocation mailing iabef submittal as provided for in Subsection 17 68_070 (43) ot this Title iOT bath the site of Li-ie proposed Medicai Marijuana Ojpayaniii4114.ossovitle4A011141441- P,1410Y00041404e_tififf._, _ stAp..0 it cree: foltittheP11611"spadNedn' etc Rai% ova .of the d Itoplicatt, „adequate p*,14a1 nce for Iltediaal MartiOaria tad Pumper of WNW) 071.01ie*--''bi.at tt. the prnperty:1341#r; tile pernttee& :jcer, apeoliitee a GU incIudng olatiops lap: obtained tIons the .Dirctor iri iiherance:,,jff. (Siqlittafice 0,-too*vrilpy:c4:: _:.190.010;41,:ss_ :00 -.6Logtv.,wittologifirgotegsAitito.0... 02010 12 Page 15 of 22 Peinata• 246 Witt— Ortili7,7?-4-' t ikt407-- 40010 `.0.41440 :01 „..„ Iish�d by Co ncd 01).• Or 0000app ' Thee 6 biel t *VA•pi tip 4;'-""rrit*Or isIm. .310tivitt41.0 - Aniglpf s -Wel* ttm Abe 40:01abarials co 11400 600e 07-r •reaSpRabfb cost 4 inc rte wlth.:Sections IM5O ant 10.00010-.4 -OMN* 111ESIt .as 1bff1;4 7 iCounil tant -colfiver-.. *il@xott M. Findings' The City Council may approve, or conditionally approve, a Medical Marijuana Dispensary Use Permit (including any accessory Aggregated Cultivation Facility) only if 0201012 Page 10(122 247 g an feeilV novel all Pt the e . x and, � _ __. the City council tirst makes all findings (based on substantial evidence) set forth in Section 17.60.070 of this Code as well as all of the following: 1. _ That the location_ of the Medical Marijuana_ Dispensary and itsa t That tna, premises for the_ Medical Marijuana __Dispensary and its of * 3. That the operator of the Medical Marijuana Dispensary has demonstrated its ability and commitment to operate the facility(ies), and provide adequate security in compliance with the standards of this Section. 4. That the operator of the Medical Marijuana Dispensary has demonstrated its full compliance with the requirements of this Section, and the ability and commitment to adequately mitigate impacts that are potentially detrimental to the public health, safety, or welfare. N. Conditions of Approval and Term of Permit As apart of the approval of a Medical Marijuana Dis ensary Use permit Girt ea a Aggregated: t vati 'i +), _ o suc rndifibns in naectkc n 'yvith the it a , ilea. tils lepessAty ender to the. rpos :°of this Section, and may require: such gioraptees,nd evident _late deem Via_oaaaart an .proPnat f 4lu ,On 911410#41.4.:.coniActi O. Permits subject to ongoing restrictions All Medical Marijuana Dispensary Permits (and any accessory Aggregated Cultivation Facility) shall be subject to the following requirements and restrictions, in addition to all other applicable provisions of this Code. 1. The Medical Marijuana _Dispensary and any associates : d: nn Pac ter s#rell be the prima r. . thefr respect a mall not :testa t is i r maintaffi .in,_conj iopwith other useswithin, a !an ea ed 2. The Medical Marijuana Dispensary and any associated ain PT 3. Commercial signs pertaining to the Medical Marijuana Dispensary shall be regulated in accordance with the provisions related to professional offices, at NMC Section 15.56.080 (table headed, "The following regulations shall apply in the: MO, 0201012 Page 17 of 22 248 MEDICAL OFFICE, CO, COMMERCIAL OF FECE & _FT-t2, -25, RESIDENTIAL S PROFES1 y `: 4� lkitsigiThentretosk 4. The operator of a Medical Marijuana Dispensary shall post in a conspicuous place near its entry, the following notices, each in a form subject to review and approval by the Director. a. A notice that a complete copy of the Medical Marijuana Dispensary Use Permit is available for inspection on the premises; b. A notice indicating the uncertain status of Federal and State Law pertaining to Medical Marijuana transactions; c. A notice identifying the scope and limitations of any inspections and certifications (related to consumer product safety) of the products available on the premises; d. A notice indicating that consumption of Medical Marijuana on the premises of the Medical Marijuana Dispensary is prohibited; and, e. Any other notice required by the permit, including any annual extension thereof. 5. The hours of operation for Medical Marijuana Dispensaries ' shall commence no earlier than 7:OOAM, nor shall they end later than 7:OOPM. 7. A Medical Marijuana Dispensary shall provide a secured storage area on site. All Medical Marijuana products shall be stored in this area during non -business hours. The design features and maintenance of the storage area small be subject to the review and approval of the Director. 8. ;.g ato` of a- r *Olt CO x.Awa�,:� :Tv6i ".'�'�:!IMC..I �Llr►r,,... a,R`.w....M3JG. ri1' ��r��� -jiaijifrairo • - ro_ r • �. e Tor Argifit TlairSIMEI 02010 12 Page leof22 249 10. Medical Marijuana Dispensaries are prohibited from selling, renting or providing group smoking apparatus, including but not limited to hookah pipes, but may sell items designed for the smoking or ingestion of Medical Marijuana products by an individual, including such items as pipes. 11. °Tim t f f arl •rec ammen j r� ., i ttaoa •r Mibitegi on the Pri)MiSeq. o, _ tits ie i Juan ._: , titfiYa: F dity. _:Atigopligto 12. The permittee of a Medical Marijuana Dispensary Use Permit is responsible for the actions of its employees, members, volunteers in violation of any term of this section or any other applicable provision of this Code. 13. The Medical Marijuana Dispensary shall be operated in full compliance with all requirements of State law. The issuance of a permit pursuant to this Section is not intended to, and does not, authorize the violation of State or Federal law. 14. A Medical Marijuana Dispensary may only provide Medical Marijuana consistent with the Medical Marijuana Laws. This Section is not intended to, and does not, authorize the cultivation, sale, or distribution of marijuana (as defined by and used . in California Health and Safety Code Division 10, Chapter 6, including Sections 11358 and 11360) from a Medical Marijuana Dispensary or an Aggregated Cultivation Facility for any non -medical purposes. 15. Based on the personal nature of the obligations and responsibilities of each permittee (as set forth in this Section and in each permit), each Medical Marijuana Dispensary Use Permit shall -be personal to the permittee, and shall be non- transferable. Any attempt to transfer the permit to an entity other than the permittee, or any lapse of use of the permit by the permittee for six months in any twelve month period, shall be sufficient grounds for termination or revocation of the permit. Notwithstanding this limitation, the Director is authorized to approve a modification to the organizational or operational structure of the permittee only if the Director determines in writing that the modification is minor and does not adversely impact the ability of the permittee to comply with all requirements of the permit and this Section. If a permittee seeks approval of any such modification, the permittee must submit the request to the Director in writing, and obtain the Director's written approval prior to implementing the modification. 16. Each Medical Marijuana Dispensary Use Permit shall be issued subject to annual review and extension. Each permittee shall submit an annual report to the Director, in a form satisfactory to the Director, to document compliance with all requirements of the permit and this Section. The Director shall review all application records and inspect the premises, and may review all records as listed in the permit application requirements, to assure that the Medical Marijuana Dispensary (and any accessory Aggregated Cultivation Facility) is compliant with this Section, with other o2010 12 Page 18 of 22 250 applicable provisions of this Code and with the permit conditions. As a part of the annual review of the permit, the Director is authorized to impose supplemental conditions on the permit to the extent that the Director determines that the supplemental conditions are necessary in order to, either: (a) achieve compliance with the requirements of the permit or this Section; or (b) mitigate adverse Impacts on neighboring properties. P. Enforcement and Appeal 1. The cost of the ongoing administration of Medical Marijuana Dispensary permits shalt be borne by the Medical Marijuana Dispensary permittees according to fees established by resolution of the City Council. 2. The Director may conduct an investigation whenever there is reason to believe that any person has failed to comply with the provisions of a Medical Marijuana Dispensary Use Permit or of this Section. The investigation may include an inspection of the premises. Should the investigation reveal substantial evidence to support a finding that a violation occurred, the Director is authorized to take any enforcement action as set forth in Chapter 1.24 of this Code. The written notice shall be served on the permittee or authorized agent and shall specify the facts which, in the opinion of the Director, constitute substantial evidence to establish grounds for imposition of the enforcement action. Administrative fines, in accordance with Subsection 1.16.050 of this Code, may be assessed to the permittee as a result of violations of either the Permit or this Section. A permlttee, or the recipient of the notice of violation, may request an administrative hearing to contest any administrative citation issued by the Director in accordance with the procedures set forth in Sections 1.24.070 through 1.24.090 of this Code. 3. The Director is authorized to initiate proceedings to revoke, or modify the conditions attached to, a Medical Marijuana Dispensary Use Permit if at any time he or she determines in his or her discretion that: (a) a Medical Marijuana Dispensary use is detrimental to the public health. safety, or weiiare; (b) the permittee has provided materially false or misleading information in the application for the permit; or, (c) the pemilttee has failed to comply with any requirements of the permit or of this Section. Any such proceedings shall be conducted in accordance with the general procedures set forth in Chapter 17.72 of this Title. 4. Except as otherwise provided in Subsection J(3) (authorizing the Director to--make--Sinai--decisions to select the_ -preferred-. applica ) end -Subsection P( )---(for appeals subject to Chapter 17.72 of this Title), any person aggrieved by a determination of the Director pursuant to this Section may appeal by filing a written appeal with the City Clerk. Any such appeal must be received by the City Clerk within ten (10) calendar days of written determination by the Director. Each appeal shall be subject to the following: 0201012 Page 20 of 22 251 a. Any such appeal shall state all factual and iegai grounds which the appellant wishes the City to consider. Such grounds to be identified by the appellant shall include, without limitation, any and all constitutional or statutory claims. b. The appeal shall be decided by an administrative hearing which shall be set and conducted pursuant to the procedural provisions of Sections 1.24.080, 1.24.090, and 1.24.100. • For purposes of this Subsection P(4), as used in Chapters.1,16 and 1.24 of this Code: (1) the °responsible person" shall be the "appellant"; (2) the "administrative citation" shall be the determination under this Section that is the subject of the appeal. • Any written reports submitted by the Director to the Hearing Officer shall be served on the appellant at least five days before the hearing. • At the hearing, the appellant shall be given the opportunity to testify and present evidence, and the appellant shall raise any and all legal and factual issues and claims, concerning the determination under this Section that is the subject of the appeal. • The decision of the Hearing Officer shall be final. • If the hearing officer finds, as a part of the hearing officer's written decision, that the City is the prevailing party, the City is entitled to its reasonable costs of defending the appeal. c. Failure to timely request an administrative hearing, and/or to fully state all factual and legal grounds for the appeal, in the manner required by this Subsection P(4) shall constitute a waiver of the. hearing and a failure to exhaust administrative remedies, and shall preclude any and all relief and claims arising in connection with the determination by the Director. SECTION 6: Severability. 11 any section, sub -section, subdivision, paragraph, clause or phrase in this Ordinance, or any part thereof, is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections or portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, sub -section, subdivision, paragraph, sentence, clause or phrase.of this Ordinance, irrespective of the fact that any one or more sections, sub- sections, subdivisions, paragraphs, sentences, clauses or phrases may be declared invalid or unconstitutional. SECTION 7: Effective Date. This Ordinance shall become effective thirty (30) days following adoption. MAYOR: C. of Napa, unicipal corporation ATTEST: dim LE - r E CITY OF NAPA 0201012 Page 21 of 22 252 STATE OF CALIFORNIA COUNTY OF NAPA SS: CITY OF NAPA i, Dorothy R. Roadman, City Clerk of the City of Napa, do hereby certify that the foregoing' Ordinance had its first reading and was introduced during the regular meeting of the City Council on the 1st day of June, 2010, and had its second reading and was adopted and passed during the regular meeting of the City Council on the 6th day of July, 2010, by the following vote: AYES: van Border, Mott, Inman, Krider, Techel NOES: None ABSENT: None ABSTAIN: None ATTEST: Approved as to Form: ''. Michael W. Barrett City Attorney CITY CLE', K OF E CITY OF NAPA 0201012 • Page 22 of 22 253 ORDINANCE NO. 31-10 N.S. AN ORDINANCE OF THE CITY OF RICHMOND CITY COUNCIL AMENDING RICHMOND MUNICIPAL CODE CHAPTER 7.102 (MEDICAL MARIJUANA COLLECTIVES) THE CITY COUNCIL OF THE CITY OF RICHMOND does ordain that Richmond Municipal Code Chapter 7.102 is hereby amended to read as follows: SECTION 1. Richmond Municipal Code Chapter 7.102 Table of contents is hereby amended to read as follows: 7.102.010 Purpose and Intent 7.102.020 Definitions 7.102.030. Permit required. 7.102.040 Location and number. 7.102.050 Permit application process. 7.102.055 Appeals from decisions to grant or deny a Permit. 7.102.060 Permit approval and operating conditions. 7.102.070 Permit Non -transferable. 7.102.080 Maintenance of records. 7.102.090 Inspection authority. 7.102,100 Existing Medical Marijuana operations. 7.102.110 Prohibited activity. 7.102.120 Violation and enforcement. 7.102.130 Appeals from revocation or suspension decisions. SECTION 2. Richmond Municipal Code Section 7.102.040 (Location and number) is hereby amended to read as follows: A. All Medical Marijuana Collectives shall be located in the Regional Commercial (C-3) Zoning District. B. All Medical Marijuana Collectives shall be a minimum of one thousand five hundred feet (1,500') from any public or private high school and a minimum of five hundred feet (500') from any park, community center, youth center, public or private child-care center, nursery school, kindergarten, elementary, middle or junior high school, unless, following a public hearing, the Chief of Police makes all of the following findings based on specific facts, stated in writing: i. The location, design and proposed operating characteristics of the Collective are such that it is highly improbable persons on, in or travelling to or from nearby schools, parks, community centers, youth centers, or child-care centers would be able to view persons in, entering, or leaving the Collective. ii. Allowing the Collective to locate within one thousand five hundred feet (1,500') of a public or private high school or within five hundred feet (500') of a park, community center, youth center, public or private child-care center, nursery school, kindergarten, elementary, middle or junior high school will not grant the Collective a special privilege not available to other Medical Marijuana Collectives within the City of Richmond. iii. The Collective has demonstrated that it considered other locations and selected the location that would have the minimum negative impact on the surrounding community while providing necessary services to its Members. C. The Chief of Police shall permit no more than three (3) Medical Marijuana Collectives to operate in the City of Richmond. When there are fewer than three (3) permitted Collectives operating within the City, the Chief of Police shall publish an Invitation for Applications on the City's website, stating the period during which applications will be accepted. SECTION 3. Richmond Municipal Code Section 7.102.050 (Permit application process) is hereby amended to read as follows: Any Medical Marijuana Collective desiring a Permit required by this Chapter shall complete and 1 254 file an application on a form supplied by the Chief of Police, and shall submit with the completed application payment of a nonrefundable processing and notification fee, as established by the City Council by :escktiuri. The Medical Marijuana Collective Permit application is established to provide a review process for each proposed Medical Marijuana Collective operation within the City. A. Filing. The Medical Marijuana Collective shall provide the following information: 1. The address of the Property where the proposed Medical Marijuana Collective will operate. 2. A site plan describing the Property with fully dimensioned interior and exterior floor plans including electrical, mechanical, plumbing, and disabled access compliance pursuant to Title 24 of the State of California Code of Regulations and the federally mandated Americans with Disabilities Act. The site plan shall demonstrate that there are separate rooms or partitioned areas within the Collective for the receipt of supplies and for the distribution of Medical Marijuana to Qualified Patients and/or Primary Caregivers. 3. Exterior photographs of the entrance(s), exit(s), street frontage(s), parking, front, rear and side(s) of the proposed Property. 4. Photographs depicting the entire interior of the proposed Property. 5. A security plan including procedures for verifying identification of Qualified Patients and Primary Caregivers both before entering the Collective and again before receiving Medical Marijuana; the number, location and hours of security guards; and a theft prevention plan. 6. If the Property is being rented or leased or is being purchased under contract, a copy of such lease or contract. If the Property is not being rented or leased, written proof that the Property owner has been notified that the Property will be used as a Medical Marijuana Collective. 7. If the Property is being rented or leased, written proof that the Property owner, and landlord if applicable, were given notice that the Property will be used as a Medical Marijuana Collective, and that the Property owner, and landlord if applicable, agree(s) to said operations. If the Collective is to be a subtenant, then "landlord" shall mean the primary tenant. 8. The name, address, telephone number, title and function(s) of each Management Member, 9. For each Management Member, a fully legible copy of one (1) valid government -issued form of photo identification, such as a driver's license. 10. For each Management Member, a summary criminal history ("LiveScan") prepared by the Richmond Police Department not more than two weeks prior to the date of application and demonstrating that there are no pending charges nor convictions for crimes of moral turpitude (such as theft, fraud, or assault) within the previous ten years, and that the subject is not currently on parole or probation for the sale or distribution of a controlled substance. 11. Written confirmation as to whether the Medical Marijuana Collective, or a collective with one or more Management Members in common with the applicant, previously operated in this or any other county, city or state under a similar licensefpermit, and whether the Collective applicant ever had such a license/permit revoked or suspended and the reason(s) therefore. 12. Eithc (a) if thc Collcofi c is incorporated, a certified ixl y of the Collective's Secretary oI State Articles of Incorporation, Certificate(s) of Amendment, Statements) of Information and a copy of the Collective's Bylaws demonstrating that the Collective is organized as a non-profit entity, or (b) if the Collective is unincorporated, a copy of the Collective's notarized creating document demonstrating that the Collective is organized as a non-profit entity. A creating document may include articles of association, bylaws, constitution, or other documents that set forth how the Collective will operate. 13. A Seller's Permit from the California Board of Equalization. 14. The name and address of the applicant's current Agent for Service of Process. 15. A copy of the Medical Marijuana Collective operating conditions, containing a statement dated and signed by each Management Member, under penalty of perjury, that they read, understand and shall ensure compliance with all operating conditions. 16. A copy of the Prohibited Activity Checklist, available from the Richmond Police Department, containing a statement dated and signed by each Management Member, under penalty of perjury, that they read, understand and shall ensure that neither the Collective nor its members and Management Members shall engage in the aforementioned prohibited activity. 2 255 17. A statement dated and signed by each Management Member, under penalty of perjury, that the Management Member has personal knowledge of the information contained in the application, that the information contained therein is true and correct, and that the application has been completed under the supervision of the Management Member(s). 18. A statement of whether Edible Medical Marijuana will be prepared at the proposed Property and, if so, a certificate from the Contra Costa County Department of Health Services demonstrating compliance with the Food Services Facilities Inspection program. 19. Evidence of a computerized or telephonic system for communicating with all other permitted Collectives within the City of Richmond in order to ensure that a Qualified Patient, directly or through his or her Primary Caregiver(s), does not purchase, obtain, or otherwise receive a total of more than one ounce of Medical Marijuana per day. B. After the closing of the application period, the Chief of Police will evaluate all applications for completeness. The Chief of Police shall ensure that applications are complete as follows: 1. Within twenty (20) business days of the close of the application period, except where circumstances beyond the control of the City justifiably delay such response, the Chief of Police shall determine whether the applications are is complete. If it is determined an application is incomplete, the applicant shall be notified in writing that the application is not complete and the reasons therefore, including any additional information necessary to render the application complete. 2. The applicant shall have thirty (30) calendar days from the date of a notice of incomplete application to complete the application. Failure to do so within the thirty (30) day period shall render the application null and void. The determination that an application is null and void is not an appealable decision. 3. Within ten (10) business days following the receipt of an amended application or supplemental information, except where circumstances beyond the control of the City justifiably delay such response, the Chief of Police shall again determine whether the application is complete and shall inform the applicant whether additional materials are required to complete the application. Evaluation and notification shall occur as provided above up to three times until such time as the application is found to be complete or in the alternative null and void. If, after three opportunities to complete an application, the applicant fails to provide all necessary information, the application shall be null and void. The determination that an application is null and void is not an appealable decision. 4. All notices required by this Chapter shall be deemed issued upon the date they are either deposited in the United States Postal Service mail or the date upon which personal service of such notice is provided. C. All complete applications will be circulated to the Planning and Building Services, Fire and Code Enforcement Departments with a rating matrix and directions for evaluating and scoring applications based on criteria to be adopted by separate Resolution of the Council. D. Except where circumstances justify delay, not later than sixty (60) days from the date the completed Permit applications are circulated for staff review, all complete applications will be considered at a noticed public hearing or series of noticed public hearings conducted by the Chief of Police. Prior to publication of notice of the public hearing(s), the City Council may choose to have the hearing(s) conducted by the Council or a subcommittee thereof. If the Council does not choose to have the hearing(s) conducted by the Council or a subcommittee thereof, then the Chief of Police shall cause the public hearing(s) to be conducted before a rating body consisting of the Chief of Police and representatives of the Planning and Building Services Fire and Code Enforcement Departments. In reviewing and scoring Permit applications,_ the rating body, City Council, or subcommittee thereof shall consider those criteria to be adopted by separate Resolution of the Council. E. The Chief of Police shall cause the applicants and the owners of property located within seven -hundred -and -fifty -feet (750') of every proposed Collective location to be sent notice of the date, time, and place of the hearing(s) at least ten (10) business days in advance of the opening of such hearing(s). F. The Chief of Police or City Council/Subcommittee shall open the public hearing(s) at the date, time, and place specified in the notice, but may continue the hearing(s), and may change the place of any or all hearing(s), as necessary to accommodate all interested parties. G. The Chief of Police or City Council/Subcommittee shall issue a written report of the decision 3 256 on all Permit applications not later than fifteen (15) business days after the hearing or series of hearings is closed. The report shall be in writing and shall include findings of fact, a summary of the relevant evidence, a statement of the issues, and a decision regarding whether each applicant is eligible to receive a Permit. The report will also include any conditions to be imposed on a Permit in addition to the conditions established in Section 7.102.060 and the facts supporting imposition of those conditions. A copy of the report shall be mailed or delivered to every applicant, and to any person who has requested notice of the decision and has paid the required fees for copying and mailing. SECTION 4. Richmond Municipal Code Section 7.102.055 (Appeals from decisions to grant or deny a Permit) is hereby added to read as follows: A. If the decision on one or more Permit applications is made by the City Council or a subcommittee thereof, the decision is final. B If the decision on one or more Permit applications is made by a rating body empanelled by the Chief of Police, it may be appealed to the Public Safety/Public Services Committee within fourteen (14) days from the date the written notice of Permit decision was mailed or delivered by personal service. The request for appeal shall be in writing, shall set forth the specific ground(s) on which it is based and shall be submitted to the Chief of Police along with an appeal deposit in an amount determined by the City Council by resolution. C. The Public Safety/Public Services Committee shall conduct a hearing on all appeals at its next regularly scheduled meeting after the close of the appeal period, except where good cause exists to extend this period. Notice of the hearing shall be given in accordance with Section 7.102.050(E) The hearing and rules of evidence shall be conducted pursuant to Chapter 2.62.105 of this Code. The determination of the Public Safety/Public Services.Committee on the appeal(s) shall be final. D. No Permits shall be issued prior to the expiration of the appeals period without the filing of an appeal or, in the event of one or more appeals, the final decision of the Public Safety/Services Committee on all appeals. SECTION 5. Richmond Municipal Code Section 7.102.060 (Permit approval and operating conditions) is hereby amended to read as follows: Any permit issued pursuant to this chapter shall include, and each permittee shall continually comply with, all of the following conditions of operation, provided that additional conditions may be imposed as necessary to preserve the public health, safety, and welfare. A. The Property satisfies all locational and zoning criteria. B. Exterior building and parking area lighting at the Property are in compliance with all applicable provisions of this Code, as determined by the Planning Division. C. Windows and roof hatches at the Property shall be secured so as to prevent unauthorized entry; equipped with latches that may be released quickly from the inside to allow exit in the event ofemergency; and comply with all applicable Building and Fire Code provisions. D. The Property provides a sufficient odor absorbing ventilation and exhaust system so that odor generated inside, we Properny is not detected outside the Pio eitY, any whet e on adjacent property or public rights -of -way, or within any other unit located within the same building as the Medical Marijuana Collective. E. The Property is monitored at all times by closed-circuit television for security purposes. The camera and recording system must be of adequate quality, color rendition and resolution to allow the ready identification of an individual on or adjacent to the Property. The recordings shall be maintained-at-the-Prey--for-a-per-iod-o€net-less n thit (30)-claya F. The Property has a centrally -monitored fire and burglar alarm system. G. A sign is posted in a conspicuous location inside the Property advising: 1. The diversion of marijuana for non -medical purposes is a violation of State law. 2. The use of marijuana may impair a person's ability to drive a motor vehicle or operate heavy machinery. 3. Loitering at the location of a Medical Marijuana Collective for an illegal purpose is prohibited by California Penal Code Section 647(h). 4. This Medical Marijuana Collective is permitted in accordance with the laws of the City of 4 257 Richmond. H. Each Collective distributing Edible Medical Marijuana or other manufactured infused products for the sole consumption by Qualified Patient members and Qualified Patient Management Members of the Collective shall ensure that the products are manufactured, packaged and labeled in compliance with all applicable state and local laws. 1. The Medical Marijuana Collective meets all applicable state and local laws to ensure that the operations of the Collective are consistent with the protection of the health, safety and welfare of the community, Qualified Patients and their Primary Caregivers, and will not adversely affect surrounding uses. J. No Collective shall operate for.profit, s d'. 1 -mow s 110,4,4titsi treo6o0ore- eodapensat n . rry ded by Atianagonitut • bsrrs :at& be Ards the; 6colkecto 's actual a ses of � growt11,01 ltivat , 04. � isao s*Medh i uta s*aif 11c�wed;provided ihat � in trsct.00 mpfaaincce' sth � L.a . 1 i ate.' . o is-aiirl ateat s s .1 . ;,doc cntcd hws legultiviOnn. fist. iii *r I (sI all be. Wined aid •-•iddritiriq s 11 r ,affable to F aud Bpalda . ec4r:Will : K. Prior to distributing any crop, batch or bundle of Medical Marijuana that it cultivates or acquires for distribution or any Edible Medical Marijuana or other manufactured infused products, a Collective shall submit samples of that crop, batch or bundle to an independent laboratory to be tested using standard analytical methodology for the presence of mold, pesticides, and other additives or adulterants that could be harmful if ingested or applied topically. The Medical Marijuana or manufactured infused product shall not be distributed or consumed before laboratory results demonstrate that it is safe for consumption. L. Prior to hiring any prospective employee or Management Member, the Richmond Police Department shall prepare a summary criminal history ("LiveScan") demonstrating that there are no pending charges nor convictions for crimes of moral turpitude (such as theft, fraud, or assault) within the previous ten years, and that the subject is not currently on parole or probation for the sale or distribution of a controlled substance. SECTION 6. Richmond Municipal Code Section 7.102.080 (Maintenance of records), Subparagraphs A.10 and B, are hereby amended to read as follows: 10. Evidence of (a) verification that all Edible Medical Marijuana and other manufactured infused products are manufactured, packaged, and labeled in compliance with all applicable state and local laws, and (b) laboratory testing as required by Section 7.102.060. B. These records shall be maintained by the Medical Marijuana Collective for a period of five (5) years and shall be made available by the Collective to the City upon request, subject to the authority set forth in Section 7.102.090. SECTION 7. Richmond Municipal Code Section 7.102.100 (Existing Medical Marijuana operations) is hereby amended to read as follows: Any existing Medical Marijuana Collective, dispensary, operator, establishment, or provider that does not comply with the requirements of this Chapter must immediately cease operation until such time, if any, when it complies fully with the requirements of this Chapter. No Medical Marijuana Collective, dispensary, operator, establishment, or provider that existed prior to the enactment of this Chapter shall be deemed to be a legally established use or a legal non- conforming use under the provisions of this Chapter or the Code. Any medical marijuana collective, dispensary, operator, establishment or provider that operates without a Permit after December 31; 2010 shall-beineligible-to-apply for a --Permit. SECTION 8. Richmond Municipal Code Section 7.102.120 (Violation and enforcement), Subparagraph B, is hereby amended to read as follows: B. Any person who engages in any Medical Marijuana Collective operations after a Medical Marijuana Collective Permit application has been denied, or a Medical Marijuana Collective Permit has been suspended or revoked, and before a new permit is issued, shall be subject to civil prosecution and fines of up to one thousand dollars ($1,000) per day for each day of unpermitted operation. 5 258 SECTION 9. Richmond Municipal Code Section 7.102.130 (Appeals process), is hereby amended to read as follows: 7.102.130 Appeals from revocation or suspension decisions. A. If a City department determines that the permittee failed to comply with any provision of this C`...sister, or with any other provision or requirement of law, the Chief of Police shall revoke or suspend the Medical Marijuana Collective Permit. B. The Chief of Police shall notify the permittee of the permit revocation or suspension by dated written notice. Said notice shall advise the pennittee of the right to appeal the decision to the Public Safety/Public Services Committee within fourteen (14) days from the date the notice. The request for appeal shall be in writing, shall set forth the specific ground(s) on which it is based and shall be submitted to the Chief of Police. C. The appeal shall be considered by the Public Safety/Public Services Committee in accordance with Section 7.102.055(C). The decision of the Public Safety/Public Services Committee shall be final. D. Whenever a Medical Marijuana Collective Permit has been revoked or suspended, no permit application by any of the Managing Members of that Collective shall be considered for a period of three (3) years from either the date notice of the revocation or suspension was mailed, or the date of the final decision of the Public Safety/Public Services Committee, whichever is later. SECTION 10. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid, such a decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance irrespective of the unconstitutionality or invalidity of any section, subsection, subdivision, paragraph, sentence, clause or phrase. SECTION 11. Effective Date. This Ordinance becomes effective thirty (30) days following its passage and adoption. 6 259 First reading at a regular meeting of the Council of the City of Richmond held October 19, 2010 and finally passed and adopted at a joint meeting thereof held November 16, 2010 by the following vote: AYES: Councilmembers Bates, Butt, Lopez, Rogers, Viramontes,Vice Mayor Ritterman, and Mayor McLaughlin NOES: None. ABSTENTIONS: None. ABSENT: None. Approved: GAYLE MCLAUGHLIN Mayor Approved as to form: RANDY RIDDLE City Attorney State of California County of Contra Costa City of Richmond } } ss. DIANE HOLMES Clerk of the City of Richmond (SEAL) I certify that the foregoing is a true copy of Ordinance No. 31-10, finally passed and adopted by the City Council of the City of Richmond at a joint meeting held on November 16, 2010. 7 260 ORDINANCE NO. 05-1998 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TULARE AMENDING TITLE 5 ADDING CHAPTER 5.96 OF THE TULARE MUNICIPAL CODE PERTAINING TO MEDICAL MARIJUANA DISPENSARIES SECTION 1. Title 5 of the Tulare Municipal Code is hereby amended by the addition thereto of Chapter 5.96, which shall read as follows: Chapter 5.96 MEDICAL MARIJUANA DISPENSARIES 5.96.010 Purpose and Intent 5.96.020 Definitlons 5.96.030 Enforcement of Chapter 5.96.040 Medical Marijuana Business Permit Required 5.96.050 Applications 5.96.060 Term, Renewals and Fees 5.96.070 Notification 5.96.080 Investigation and Action on Application 5.96.090 Grounds for Denial of Permit 5.96.100 Appeal from Denial 5.96.110 Suspension or Revocation of Permit 5.96.120 Judicial Review 5.96.130 Effect of Denial or Revocation 5.96.140 Operating Requirements 5,96.150 Zoning and Development Standards 5.96.160 Minors 5.96.170 Display of Permit 5.96.180 Transfer of Permits 5.96.190 Violations of Chapter: Enforcement 5.96.200 Severability 5.96.210 Existing Medical Marijuana Dispensaries; Time Limit for Filing Application for Permit Section 5.96.010 Purpose and Intent It is the purpose and intent of this ordinance to promote the health, safety, and general ::welfare of the residents and businesses within the city by regulating medical marijuana dispensaries. It is not the intent nor effect of this ordinance to restrict or deny qualified patients access to marijuana for medical purpose as intended effect by the passage of the Compassionate Use Act of 1996 and SB 420 in 2004. Neither is it the intent nor effect, of this ordinance to condone or legitimize the use of marijuana. Section 5.96.020 Definitions All de±finitions set forth in Health & Safety Code sections 11362.5 and 11362.7 et seq as mly be amended, including but not limited to the terms "attending physician", "person with an identification card", "serious medical conditions", shall apply under this Ordinance in addition to the definitions set for as follows: "Applicant" means a person who is required to file an application for a permit under this chapter, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee or agent of a Medical Marijuana Business. "City Planner" means the Planning and Building Director holding office in the City of Tulare or his or her designee. 1 261 "Medical Marijuana" is defined in strict accordance with California Health and Safety Code sections 11362.5, and 11362.7 et seq. "Medical Marijuana Dispensary" means any facility or location, whether fixed or mobile, where medical marijuana is made available to, distributed by, or distributed to one or more of the following: (1) a qualified patient, (2) a person with an identification card, or (3) a primary caregiver. All three of these terms are defined in strict accordance with California Health and Safety Code sections 11362.5, and 11362.7 et seq. Unless otherwise regulated by this Code or applicable law, a "medical marijuana dispensary" shall not include the following uses: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, 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, a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code, a residential hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as any such use complies strictly with applicable law including, but not limited to, Health and Safety Code sections 11362.5, and 11362.7 et seq. "Medical Maruana Businesses' means any Medical Marivana Densary; cftintaf. (processing of Medicat ►ai�juana opatations b r p e a r for (P_OPOP. VOW ad_ g tIOASNO. i; rOteCti0 0 06, a rati r* t r s ��fti1 o ileciif:li�is basis errwjr spfed+ii 010410, mettie4 pippOses,..as. 1r~t t3atf aft t id t itcoi�ctar�r t a o av# f An_i at *+pta 1'3 5r3 fpg, i 1't 7 i" o;ifebtt O C 'aereiwe CiiifiktOcitraieatit ti16,a0;06064i w t foilyabf 14000 i #fit god:: vat d: n; -rds Oct estgnated' spftaiarr=titirOgiveis to ltavate .ma to t 1. tot sawed i aose ' as:400 fin: s ,ag t IA.w4ftfot A Ht & h .d 0xda seU ;mod Processing of Medical Marijuana" means the harvesting of marijuana or the use of any process or equipment, including but not limited to dehydrators or humidifiers, that may be necessary to convert raw marijuana plants or plant parts into a consumable product. "Permittee" means the person to whom a Medical Marijuana Business permit is issued. Written Recommendation" shall have the same definition as California Health and Safety Code section 11362.7 et seq., and as may be amended. Section 5.96.030 Enforcement of Chapter. The City Planner of the City of Tulare shall have the responsibility and duty of enforcement of this Chapter. Section 5.96.040 Medical Marijuana Business Permit Required. A. It shall be unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the City of Tulare the operation of a Medical MarijuanaBusiness unLes the person first obtains and continues to maintain in full force and effect a Medical Marijuana Business permit from the City of Tulare as herein required. B. A Medical Marijuana Business shall also be required to apply for and maintain a general City of Tulare business license as a prerequisite to obtaining a permit pursuant to the terms hereof. Section 5.96.050 Applications. A. The applicant for a Medical Marijuana Business permit shall submit to the City Planner or designee an application for a permit. The application shall be made under penalty of perjury and shall include the following information: 2 262 1. The full name, present address, and telephone number of the applicant; 2. The address to which notice of action on the application is to be mailed; 3. Previous addresses for the past five (5) years immediately prior to the present address of the applicant; 4. Written proof that the applicant is over the age of eighteen {18) years of age. 5. Applicant's height, weight, color of eyes and hair; 6. An identification photograph of the applicant; 7. All business, occupation, or employment of the applicant for the five years immediately preceding the date of the application; 6. The business iicense history of the applicant, including whether such person, in previously operating in this or another city, county or state under a license has had such license revoked or suspended, the reason therefore, and the business or activity or occupation subsequent to such action of suspension or revocation; 9. The name or names of the person or persons having the management or supervision of applicant's business; 10. Whether the person or persons having the management or supervision of applicant's business have been convicted of a crime(s), the nature of such offense(s), and the sentence(s) received therefore; 11. The name of all employees, independent contractors, and other persons who will work at the proposed Medical Marijuana Business; 12. The proposed security arrangements for ensuring the safety of persons, safe and secure storage of the marijuana, and to protect the premises from theft which shall be kept confidential and not disclosed to the public as the public interest is served in preserving the confidentiality of such security arrangements; 13. A sketch or diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the proposed Medical Marijuana Business. The sketch or diagram need not be professionally prepared, but must be drawn with marked dimensions of the interior of the premises; 14. A current and accurate straight-line drawing depicting the building and/or the portion thereof to be occupied by the proposed Medical Marijuana Business; 15. Authorization for the City of Tulare, its agents and employees to seek verification of the information contained within the application; 16. A statement In writing by the applicant that he or she certifies under penalty of perjury that all the information contained in the application is true and correct; and B. If the applicant has completed the application improperly, or if the application is incomplete, the City Planner or designee shall within ten (10) days of receipt of the original application, notify the applicant of such fact. C. The fact that an applicant possesses other types of state or City permits or licenses does not exempt the applicant from the requirement of obtaining a Medical Marijuana Business permit. Sector a6 .(60 Term, Renewals and Fees. A. Unless otherwise suspended or revoked, a Medical Marijuana Business permit she!! expire one (1) year following its issuance. An operator of a Medical Marijuana Business may re -apply for a permit for subsequent year(s). a. Every. applicationiora permits:krrenewal shalLbe accompanied by.a nonrefundable fee, as established by resolution adopted by the City Council from time to time. This application or renewal fee shall not include fingerprinting, photographing or background check costs and shall be in addition to any other business license fee or permit fee imposed by this code or other governmental agencies. Section 5.96.070 Notification of Community. A. Within ten (10) calendar days of filing an application for a Medical Marijuana Business permit, the applicant shall provide the City Planner or designee with proof that all residents and property owners within 300 feet of the proposed premises have been notified in writing by U.S. mail of the applicant's intent to open such a business and filing of such application. 3 263 B. After the background checks and investigation are complete, and in no case later than forty-five (45) days after receipt of a completed application, the City Planner or designee shall determine whether to issue the Medical Marijuana Business permit. The City Planner or designee may grant the permit subject to conditions he or she deems reasonable under the circumstances to protect the public health, safety and welfare of the community. The City Planner or designee shall cause a written notice of his or her decision to issue or deny a permit to be delivered in person or mailed to the applicant by certified U.S. mail, postage prepaid, return receipt requested. Section 5.96.090 Grounds for Denial of Permit. The grounds for denial of a permit shall be one or more of the following: A. The business or conduct of the business at a particular location is prohibited by any local or state law, statute, rule or regulation. B. The applicant has violated any local or state law, statute, rule or regulation relating to medical marijuana business. C. The applicant has knowingly made a false statement of material fact or has knowingly omitted to state a material fact in the application for a permit. D. The applicant, his or her agent or employees, or any person who is exercising managerial authority on behalf of the applicant has been convicted of a felony or of a misdemeanor involving moral turpitude, or has engaged in misconduct related to the qualifications, functions or duties of a permittee. A conviction within the meaning of this section means a plea or verdict of guilty or a conviction following a plea of nolo contendere. E. The applicant has engaged in unlawful, fraudulent, unfair, or deceptive business acts or practices. F. The applicant has committed any act, which, if done by a permittee, would be grounds for suspension or revocations of a permit. G. An applicant is under eighteen (18) years of age. H. The Medical Marijuana Business does not comply with the ordinance standards of the City of Tulare Municipal Code or the development standards set forth in this Chapter. I. The required application or renewal fees have not been paid. Section 5.96.100 Appeal from Denial. A. An applicant aggrieved by the decision of the City Planner or designee to deny a permit may appeal such decision to the City Council by filing a written notice with the City Clerk within ten (10) calendar days of service of the written notice of decision. If an appeal is not taken within such time, the City Planner's decision shall be final. Upon filing_. of a. timely appeal, the_permit appli ation Jae scheduled by the City Clerk far_ a_p_ub1i.c hearing within forty-five {45) calendar days. C. Notice of the hearing shall be given by the posting of notice on the premises where the activity is to be conducted for a period of not Tess than five (5) working days prior to the date of the hearing. In addition, a copy of the notice of hearing shall be mailed to the applicant at least five (5) working days in advance of the hearing. The City Council may give such additional notice of hearing as it deems appropriate in a particular case. D. Following public hearing, the City Council may grant the permit subject to such conditions as it deems reasonable under the circumstances to protect the public health, safety, and welfare of the community or it 4 264 may deny the issuance of the permit for any of the grounds specified in this Chapter. The decision of the City Council shall be final. Section 5.96.110 Suspension or Revocation of Permit. A. The City Planner or designee may suspend or revoke a permit when the permittee or the permitte's agent or employee has committed any one or more of the following acts: 1. Any act which would be considered a ground for denial of the permit in the first instance. 2. Violates any other provision of this Chapter of any iocal or State law, statute, rule or regulation relating to his or her permitted activity. 3. Engages in or permits misconduct substantially related to the qualification, functions or duties of the permitee. 4. Conducts the permitted business in a manner contrary to the health, safety, or welfare of the public. 5. Fails to take reasonable measures to control the establishment's patrons' conduct resulting in disturbances, vandalism, or crowd control problems occurring inside of or outside the premises, traffic control problems, or creation of a public or private nuisance, or obstruction of the business operation of another business 6. Violates or fails to comply with the terms and conditions or the permit. B. Prior to suspension or revocation, the City Planner or designee shall conduct a hearing. Written notice of the time and place of such hearing shall be served upon the permittee at least five (5) working days prior to the date set for such hearing. The notice shall contain a brief statement of the grounds to be relied upon for revoking or suspending the permit. Notice may be given either by personal delivery to the permittee or by certified U.S. Mail, postage prepaid, addressed to the permittee at his or her address as it appears in his application for the permit. C. If any permittee or person acting under the authority of a permittee is convicted of a public offense in any court for the violation of any law which relates to his or her permit, the City Planner or designee may immediately revoke the permit without any further action, other than giving notice of revocation to the permittee. In this circumstance, during the pendency of any appeal to the City Council, the permit shall not remain in effect. D. Any permittee aggrieved by the decision of the City Planner or designee in suspending or revoking a permit rnay, within ten (10) calendar days, appeal to the City Council by filing a written notice with the City Clerk. Unless otherwise stated in this Chapter, during the pendency of the appeal to the Council, the permit shall remain in effect. If such appeal is not taken within ten (10) days, the decision of the City Planner or designee shall be final. If an appeal is timely filed, the appeal shall be held in accordance with the procedures for considering an appeal of the denial of a permit. The City Council may suspend or revoke the permit for any of the grounds specified in this Chapter. The City Council's decision shall be final Section 5.96.120 Judicial Review. Judicial review of a final decision made under this Chapter may be had by filing a petition for a writ of mandate with the superior court in accordance with the provision of the California Code of Civil Procedure section 1094.5. Any such petitioash lI be filed within_oineiy (9..0)_days atterthe_day the decision t�ecer�es- in as provided in California Code of Civil Procedure section 1094.6, which shall be applicable for such actions. Section 5.96.130 Effect of Denial or Revocation. When the City Planner or designee has denied or revoked a permit and the time for appeal to the City Council has elapsed, or if after appeal to the City Council, the decision of the City Planner or desingee has been affirmed by the City Council, no new application for a permit shall be accepted from the applicant and no permit shall be issued to such person or to any corporation in which he or she shall have any beneficial interest for a period of one (1) year after the action denying or revoking the permit. 5 26S Section 5.96.140 Operating requirements. A Medical Marijuana Business, once permitted by the City Planner or Designee, shall meet the following operating standards for the duration of the use: A. A Medical Marijuana Business shall be open for business only between the hours of 8:00 a.m. and 8:00 p.m. on any particular day. B. A Medical Marijuana Business shall maintain a current register of the names of all employees employed by the Business. C. A Medical Marijuana Business shall maintain a current register of all qualified patients, persons with identification cards and primary caregivers to whom it provides or distributes medical marijuana. Once documented the qualified patients, persons with identification cards and primary caregivers shall be "registered" patrons of the Business. The Business's register shall be subject to periodic inspection to ensure compliance with the state law. The Business shall further maintain records of all patients and primary caregivers using the identification card number only when issued by the county, or its agent, pursuant to California Health and Safety Code section 11362.7 et seq., so as to a protect the confidentiality of the cardholders, or a copy of the written recommendation from a physician stating the need for medical marijuana. D. A Medical Marijuana Business shall post a sign, either at the building entrance or inside at the entrance, with a notice indicating that persons under the age of eighteen (18) years are precluded from entering the premises unless they are a qualified patient and they are in the presence of their parent or guardian. E. A Medical Marijuana Dispensary rnay not possess more than eight (8) ounces of dried marijuana per registered qualified patient or primary caregiver on the premises. However, if a qualified patient or primary caregiver has a doctor's recommendation that this quantity does not meet the qualified patient's medical needs, the dispensary may increase the amount of dried marijuana per the doctor's recommendation, the dispensary may not posses an amount of marijuana in excess of the registered patient's needs. F. No marijuana shall be smoked, ingested or otherwise consumed on the premises of the Business. The term "premises" includes the actual building, as well as any accessory structures, parking areas, or other immediate surroundings. The building entrance to a Medical Marijuana Business shall be clearly and legibly posted with a notice indicating that smoking, ingesting or consuming marijuana on the premises or in the vicinity of the Business is prohibited. G. 1 Cultivationo;f en01001 narijuaRa or prooessu1g .of riediOal folartNapa wittiliOW the. stems s1 afl ft i s r cour ui A: ile ure-7,4d : and tiny en, aced stria tie:. Nq *j ti at1p.. , (01 l% r rr rraces inter th 99 r 10 e# a. r.riPtat#P i tr . H. No Medical Marijuana Business shall hold or maintain a license from the State Department of Alcohol Beverage Control to sell alcoholic beverages, or operate a business that sells alcoholic beverages. in addition, alcohol shall not be provided, stored, kept, located, sold, dispensed, or used on the premises of the Business. I. No Medical Marijuana Business shall conduct or engage in the commercial sale of any product, good or service -The -term °commercial-sale'=does-no include -the -provision - of medical_ marijuana_on_ erms..and. conditions consistent with this Chapter and the Compassionate Use Act of 1996, and any amendments thereto. J. A Medical Marijuana Business shall provide adequate security on the premises, including lighting and alarms, to ensure the safety of persons and to protect the premises from theft. K. A Medical Marijuana Business shall provide litter removal services once during each day of operation on and in front of the premises and, if necessary, on public sidewalks within one hundred (100) feet of the premises. 6 266 scOs t+ irptvpen ;s.. ffereeee elpd,:tottetpa C:t3t.:O � rt c r•'gimilar 010. UT es,t 1dngr e f r�f*r` m p bp,e ate,. M. A Medical Marijuana Business shall meet all the operating criteria for the dispensing of medical marijuana as required pursuant to California Health and Safety Code sections 11362.5 and 11362.7 et seq. N. Each Medical Marijuana Business shall allow the City Planner or designee to have access to the Business's books, records, accounts, and any and all data relevant to its activities for the purposes of conducting an audit or examination. Books, records, accounts, and any and all relevant data shall be produced no later than 24 hours after receipt of the City Planner's written request(s). 0. The Medica! Marijuana Business shall meet any specific additional operating procedures and measures as may be imposed as conditions of approval by the City Planner or designee to ensure that operations of the Business is consistent with protection of the health, safety and welfare of the community, qualified patients and primary caregivers, and will not adversely affect surrounding uses. P. The building in which the Medical Marijuana Business is located shall comply with all applicable local, state and federal rules, regulations and laws including, but not limited to, building codes and the Americans with Disability Act, as certified by the Building Official of the City. Q. Any marijuana provided by a Medical Marijuana Business for the purpose of consumption by the recipient shall be contained in a package that includes, in a conspicuous location, the following warning: "Smoking may be hazardous to the health of the consumer, and smoking by pregnant women may result in fetal injury, premature birth and low birth weight. Further, ingestion of marijuana in any form may be hazardous to the health of the consumer and may impair the judgment of the consumer." R. A Medical Marijuana Business that provides marijuana in the form of food or other comestibles shall obtain and maintain the appropriate licenses from the County Health Department for the provisions of food or other comestibles. S. A Medical Marijuana Business shall provide to the City Planner or designee, upon request, written evidence to the City Planner or designee's reasonable satisfaction, that the Business is not engaged in interstate commerce. T. No Medical Marijuana Business shall sell or display any drug paraphernalia as defined in California Health and Safety Code section 11364, e t seq., or any implement that may be used to administer, use, consume, smoke or ingest medical marijuana. Failure to comply with any of the above operating requirementsshall result in the revocation of any permit issued. Section 5.96.150 Zoning and Development Standards. The provisions of Chapter 10.168.09 of Title 10 ("Zoning") of the Municipal Code are applicable to Medical -Marijuana-Dispensaries-and-complianceWith those_prn_vlsions shall be considered additional requirements for a permit required by this Chapter. Section 5.96.160 Minors. A. It shall be unlawful for any permittee, operator, or other person in charge of any Medical Marijuana Business to employ any person who is not a least eighteen (18) years of age. B. Persons under the age of eighteen (18) years shall not be allowed on the premises of a Medical Marijuana Business unless they are a qualified patient and they are in the presence of their parent or guardian. 7 267 Section 5.96.170 Display of permit. Every Medical Marijuana Business shall display at all times during business hours the permit issued pursuant to the provisions of this Chapter in a conspicuous place so that the same may be readily seen by all persons entering the Medical Marijuana Business. Section 5.96.180 Transfer of permits. A. A permittee shall not operate a Medical Marijuana Business under the authority of a Medical Marijuana Business permit at any place other that the address of the Medical Marijuana Business stated in the application for the permit. B. A permittee shall not transfer ownership or control of a Medical Marijuana Business permit to another person unless and until the transferee obtains an amendment to the permit from the City Planner or designee stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the City Planner or designee in accordance with this Chapter and accompanies the application with the transfer fee in an amount set by the resolution of the City Council, and the City Manger determines that the transferee would be entitled to the issuance of an original permit. C. No permit may be transferred when the City Planner or designee has notified the permittee that the permit has been or may be suspended or revoked. D. Any attempt to transfer a permit either directly or indirectly in violation of this section is hereby declared void, and the permit shall be deemed revoked. Section 5.96.190 Violations of Chapter: Enforcement. A. Any person that violates any provision of this Chapter shall be guilty of a separate offense for each and every day during any portion of which any such person commits, continues, permits, or causes a violation thereof, and shall be penalized accordingly. B. Any use of condition caused or permitted to exist in violation of any of the provisions of this Chapter shall be and is hereby declared a public nuisance and may be summarily abated by the City pursuant to the City of Tulare Municipal Code. C. Any person who violates, causes, or permits another person to violate any provision of this Chapter commits a misdemeanor. D. The violation of any provisions of this Chapter shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of City, create a cause of action for injunctive relief. E. in addition to the civil remedies and criminal penalties set forth above, any person that violates the provisions of this Chapter may be subject to administrative remedies as set forth by City ordinance. Section 5.96.200 Severability. The provisions of this Chapter are hereby declared to be severable. If any provision, clause, word, senteneeror-paragr-aph-of-this-Chapter-orthe-application thereof_to anyperson, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this Chapter. Section 5.96.210 Existing Medical Marijuana Dispensaries; Time Limit for Filing Application for Permit. The continued operation of a Medical Marijuana Business in existence before the effective date of this Chapter without having applied for a permit obtained pursuant to the provisions of this Chapter for more than ninety (90) days after the effective date of this Chapter shall constitute a violation of this Chapter. 8 268 Section 2. This Ordinance shall be in full force and effect thirty (30) days from and after its adoption. Section 3. The City Clerk is hereby authorized and directed to publish this Ordinance by one insertion in a newspaper of general circulation in the City of Tulare within ten (10) days of it passage to print. PASSED, ADOPTED AND APPROVED this ATTEST: Chief Deputy City Clerk and Clerk of the Council of the City of Tulare 9 day of , 2006. President of the Council and Ex- Officio Mayor of the City of Tulare 269 ORDINANCE NO. 1417 ORDINANCE OF THE CITY OF SAN CARLOS ADDING CHAPTER 8.09 TO THE MUNICIPAL CODE: (FIEV.11-ATIONOF VU-ECTIVg - AND DISTRIBUTION OF MEDICAL MARIJUANA AND REQUIRING LICENSING OF MEDICAL MARIJUANA COLLECTIVES WITHIN THE CITY OF SAN CARLOS. IT IS ORDAINED by the City Council of the City of San Carlos as follows: Section 1: RECITALS WHEREAS, in 1996, the voters of the State of California approved Proposition 215, "the Compassionate Use Act", which was ? 1 !v! and possession of medical marijuana by single patient, or the patient's caregiver, for the patient's personal use, and to create a limited defense to the crimes of possessing or cultivating marijuana; and, WHEREAS, in 2004, the State Legislature enacted Senate Bill 420, "the Medical Marijuana Program Act", to clarify the scope of the Compassionate Use Act and to provide qualifying patients and primary caregivers Q 6'if l�lar�� ill o:ywith a limited defense to the crimes of possession for sale, transportation or furnishing marijuana, maintaining a location for unlawfully selling, giving away, or using controlled substances, managing a location for the storage or distribution of any controlled substance for sale, and the laws declaring the use of property for these purposes a nuisance; and, WHEREAS, the Medical Marijuana Program Act defines a "primary caregiver" as an individual who is designated by a qualified patient or by a person with an identification card, and who has consistently assumed responsibility for the housing, health, or safety of that patient or person; and, WHEREAS, the Medical Marijuana Program Act allows cities and counties to adopt and enforce rules consistent with the Medical Marijuana Program Act; and WHEREAS, in August 2008, the California Attorney General issued guidelines that clarify the state's laws governing medical marijuana, and provided guidelines for patients-and-law-e-n#orcementto-ensure that medical_marijuanais not diverted to illicit markets; and WHEREAS, this chapter is enacted, pursuant to the Compassionate Use Act, and the Medical Marijuana Program Act, the Guidelines issued by the California Attorney General, and the City's constitutional police power to protect the health, safety 270 and welfare of the residents of the City of San Carlos; and WHEREAS, since the sale of medical marijuana is unlawful, it is necessary to place restrictions on the exterior appearance of medical marijuana collectives in order to prevent the misunderstanding that collectives are places where marijuana may be purchased; SECTION 2: Chapter 8.09 - REGULATION OF COLLECTIVE CULTIVATION AND DISTRIBUTION OF MEDICAL MARIJUANA is added to the Municipal Code as follows: Chapter 8.09 REGULATION OF COLLECTIVE CULTIVATION AND DISTRIBUTION OF MEDICAL MARIJUANA 8.09.010 Purpose and Intent 8.09.020 Definitions 8.09.030 Enforcement of Chapter 8.09.040 Registration 8.09.050 Operating Restrictions 8.09.060 Permit Requirements 8.09.070 Revocation 8.09.080 Marijuana Produced for On -Site Consumption 8.09.090 Violation and Penalties 8.09.100 Marijuana produced for Individual residential on -site Consumption 8.09.110 Appeals 8.09.120 Severability 0.09.010 Purpose and Intent. It is the purpose and intent of this chapter to: A. Vim. B. Provide that Medical Marijuana Collectives be appropriately located tc provide for the health, safety and welfare of the public; and C. Regulate Medical Marijuana Collectives consistent with the Compassionate Use Act, and the Medical Marijuana Program Act, the Guidelines issued by the California Attorney General, and the County's constitutional police power to protect the health, safety and welfare of the residents of the City of San Carlos; and 2 271 D. Provide lawful restrictions on the exterior appearance of Medical Marijuana Collectives in order to prevent the misunderstanding that such collectives are places where marijuana may be purchased; and E. Provide for the adoption and enforcement of rules consistent with the Compassionate Use Act, the Medical Marijuana Program Act, and the Guidelines issued by the California Attorney General, which will provide for the health, safety and welfare of the public by regulating the collective cultivation and possession of medical marijuana within the City of San Carlos, consistent with state law; and P. This chapter is not intended to and does not criminalize activity which is otherwise permitted under state law, and it is not intended to and does not authorize conduct that is otherwise prohibited by state law, or to prohibit conduct that is authorized by state law. G. The ordinance codified in this chapter, in compliance with California Health and Safety Code Section 11362, does not interfere with a patient's right to medical marijuana, nor does it criminalize the possession or cultivation of medical marijuana by specifically defined classifications of persons, pursuant to state law. 8.09.020 Definitions. The following words and phrases, when used in this chapter, shall be construed as defined in this section, unless it is apparent from the context that they have a different meaning. A. P, i f i tn oUe ct , Iry Vi a. wot,ittmtoo:000gwoRmfkottone _feWO + Oft4itti 41WL.461111X0iO a . ; 47 . - B. Person with a valid identification card means an individual who is a qualified patient who has applied for and received a valid identification card pursuant to California Health and Safety Code Section 11362.7. The identification card must be obtained via written recommendation from the individual's attending licensed physician, after an examination. C. An Attending Physician is defined as a duly licensed medical doctor who has the patient's medical records. Those patients who seek medical services from clinics are required to obtain identification cards from said clinics. D. Police Chief means the City's chief of police or the chief's designee. 3 272 E. Primary Caregiver means a primary caregiver as that term is defined in Health and Safety Code Section 11362.7, designated by a qualified patient or by a person with an identification card, who has consistently assumed responsibility for the housing, health, or safety of that patientC:.?;.F:t.. F;: i:: °; } _ � 1-W, P f ' extAwItrivrottraz-744gli4 A primary caregiver shall be at least eighteen years of age, unless the primary caregiver is the parent of a minor child who is a qualified patient, and the parent of such minor child is also a minor. F. Qualified Patient means a person who is entitled to the protections of California Health and Safety Code Section 11362.7, but who does not have a valid identification card issued pursuant to California Health and Safety Code Section 11362. A qualified patient is someone who could possess a valid identification card pursuant to California Health and Safety Code Section 11362.7, but has either failed to apply for such a card, or not yet received such a card. The patient is deemed as qualified, if a licensed physician would have recommended the patient use marijuana for medical relief. G. Residential district means any of the following zoning districts in the City's zoning ordinance: R1-LD (Ch. 18.24), R-1 (Ch. 18.28), multifamily residential (Ch. 18.30), P-r (Ch. 18.44), and P-C with residential use (18.104). 8.09.030 Enforcement of Chapter. A. The Police Chief and City Attorney shall have the authority to enforce any violations of this chapter, and to report and enforce against any violations of the conditions of approval attached to use permits obtained under the authority of the Zoning Ordinance. The Police Chief shall provide a report of all violations of these provisions to the City Attorney and Planning Director for possible enforcement. B. The Planning Director shall have the duty and responsibility of processing and referring to the Planning Commission aii use permit applications, which shall include as conditions the registration restrictions in Section 8.09.040 and the operating restrictions in 8.09.050. 8.09.040 Registration }(may-; _ �� _ �_y to .. - `L` `�.•= lft .:ir= r :. tee.. - �._ _` - `T ie 4 273 tWgCt4flitOjr41X..!0#A4f:: tg.dtitt*V*AW 2. MilOgitiaf.. iTh jdetW4 PAW. 3. ANOW tio:Wffitnitikealtai. . 14,14fflodii-24111 ivittiOt WOO liftwilitiWilnWorti ifsliWtitrotfti -41.1_4t14441:_ .03-e 987..00.5144ffOtkiSAWO..#140.k: 7. €651040*1-MitisligAgit***) AttlfmtiliTA ~1107474WirdiriP4 ikLOWIll_g_**WiWiNgistfrq - iiptortAW-0:4WWW)11*-W.4-, een fit4-N4111144-stilia*Alk 1_011.0M470_.:1WidI.'.:14411V6:10.ML401143))4:— VOW ___,0711k4T '"i59WitiONC NATSSINT---14.7~017~Ctiftirikr: tqjkgegr.g_t_:YglgV LiteAPOttffigrOt a:§0:141: -'1031.4;41441147 441 JONI- (0.11044.4*441161.. •of jnfikc.1 OffigiVADIALCAAIWOWikig___ ilittagAr70111,41 __WO& RAVINAL_ 111:: ItikiX0i_Attitiffi-41_6701ALMANIO 741.71.1411MINTMCWW_Vit41 ket01071-tiatiik- ttetWAt (elb-11§1 4ffilitigAJAVOI~IWP - - - - - - - CV,' PO .41CAL tiftiov0-014~164APRIglit_eofillgi vi_jittc ikWAtj.igi trik. _ IL:4041116A --.~.14.00_00190404g7 1#111.60 -OW *VOA RiNfOona:1 WIN 5 14- TN? _ tl t',,AttiNiEVAIWALOWICKARATI3 ColkileWWWIffirfiravniabillig AWAT•tiftliWittafill_iWAt "WWII gam' _WOK_ -1.-. 0 ` OTANIVINITAINOMERW MUM RI y� :_ _�� 'Die building, zoning, and environmental requirements set forth in the Municipal Code or state law; 21. Tho medical marijuana collective may not be operated or located in or within one thousand (1000) feet of the grounds of a school, park, recreation center, y-oath-centerALplay_groiund. _ __ _....... .. 22. The medical marijuana collective may not employ any persons who are felons or who are currently on probation. 23. No designated Primary Caregiver shall be responsible for more than ten (10) qualified patients or persons with valid identification cards. The limit of ten 6 275 (10) qualified patients or persons with valid identification cards in a collective shall not be increased by this provision. 24. The California State Attorney General's Guidelines for the Security and Non -Diversion of Marijuana Grown for Medical Use dated August 2008, and as amended, shall be complied with. (b) The Chief of Police and City may make additional security and safety conditions, upon receipt of detailed/revised building plans. 8.09.050 Operating Restrictions In addition to the Registration requirements, as a condition to receipt of a Registration Permit under this chapter, the Collective shall provide the following: *fling mg- tkaftkvOir litiAMICROW.VORrofikfik t 3. rc e ve 9' 4- tip' CAW 5 WENS t t iltr Pe -WOW f:ji� 5. MY Tom. 0. ;Wit_ ` bbille0A1 Permit Requirements. A. 0. tittR;ia* ri i OW DOMVP-sOirk* iaT 0.7`� 8.09.060 7 ,P�r Mmiltifog01 fitietiviMgAWOry 276 8.09.070 Revocation. A. The Registration Permit may be revoked by the Chief of Police for any violation of state law or this chapter, or for failure to comply with the conditions listed on said registration permit or use permit. B. Upon the revocation of any Registration Permit issued under this chapter, the Chief of Police shall make his findings and reasons for revocation and transmit them to the registrant whose registration permit has been revoked, and a copy thereof to the City Clerk. Revocation of a Registration permit automatically revokes the business license to which the registration permit applies. 8.09.080 Marijuana Produced for On -Site Consumption. A. Nothing in this chapter shall be deemed to make it unlawful for an individual to grow marijuana at his or her residence for his or her own consumption at such residence, or for consumption by another person regularly residing at such residence, if such consumption is permitted under Health and Safety Code Sections 11362.5 through 11362.77. -17460:71ritfttlarigkWIKNATININtelligt7NOWfilftiattt 8.09.090 Violation and Penalties Any violation of this chapter shall be deemed a misdemeanor, unless the circumstances that create the violation are subject to prosecution as a felony under state or federal law. Any violation of this chapter shall also be deemed a public nuisance and may be enforced by any remedy available to the City for abatement of public nuisances. €3.119.1 Marijuana produced for individual residential on -site consumption ft oom_ m oa r a4t'' its......:: 4 C*Witait 8 277 8.09.110 Appeals The Chief of Police shall make findings and reasons for disapproval or revocation and transmit the same to the City Clerk, who shall notify the applicant that the application is disapproved or registration permit revoked. Upon the disapproval or revocation, any person aggrieved by the action of the Chief of Police, and the denial of the application for a registration permit or revocation of a registration permit, shall have the right of appeal to the City Council, after paying the required fee. Such appeal shall be taken by filing with the City Council, within ten days after notice of the action complained of has been mailed to the applicant's last known address (or to the applicant's address as appearing on his application or registration permit), a written statement setting forth fully the grounds of appeal. The City Council shall set a time and place for a hearing of such appeal, and notice shall be given to the appellant by mail, postage prepaid, to his address as aforesaid, at least five days prior to the date set for a hearing. The disposition and order of the Council shall be final and conclusive. 8.09.120 Severability If any section, sentence, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter. The City Council hereby declares that it would have passed this ordinance and adopted this Chapter and each section, sentence, clause or phrase thereof, even if one or more sections, subsections, sentences, clauses or phrases is declared invalid or unconstitutional. Section 3 . The City Clerk is hereby directed to publish this ordinance, or the title hereof as a summary, pursuant to state statute. Section 4 . This ordinance shall take effect and be in force on the thirtieth (30th) day from and after its final passage. Introduced on the 8th day of February, 2010. Passed and adopted on the 22nd day of February, 2010 by the following vote: AYES: COUNCILMEMBERS: NOES; COU-NGILMEMBERS: ABSENT: COUNCILMEMBERS: 9 278 Mayor ATTEST: City Clerk Martin Reeder From: cynara@communityengagementresources.com on behalf of Cynara Velazquez <cyna ra @you rcer.com> Tuesday, December 01, 2015 12:09 AM Martin Reeder Recommendations for Crafting Regulatory guidelines for Medical Marijuana Cultivation MMJZoningCultivationOrdinance NC.pdf Sent To: Subject Attachments: Hi Martin, To aid in your crafting of a regulatory proposal for medical marijuana cultivation in National City, we would like to provide you with the below outline of the basic components and policy decisions that should be contemplated by a municipality in order to create a comprehensive medical marijuana cultivation ordinance. Additionally, we have attached a template annotated regulatory proposal for your reference, with suggested zoning, limits, safety regulations and fees. Please feel free to contact me, Cynara Velazquez, regarding any questions or feedback you may have for me regarding these regulatory proposals. Thank You for Your Consideration, Cynara Velazquez Association of Cannabis Professionals 619-208-0567 cvnara(ftannabisprofessionals.orq Components of a Medical ielarlivana Cultivation Ordinance A comprehensive medical marijuana cultivation ordinance is composed of two basic provisions - regulations for personal use and regulation for commercial cultivation. Personal Cultivation State law allows a qualified patient to cultivate medical marijuana for their own personal use in an area that does not exceed 100 square feet State law specifies that the qualified patient may only i 280 cultivates marijuana for her personal medical use and may not sell, distribute, donate, or marijuana to any other person or entity. Our recommendation is that any municipalregulation vide regarding g g personal cultivation continue to reference state law and adhere strictly to the state guidelines and limits. Additionally, any and all nuisance laws must be strictly adhered to, in nuisance laws related to smell and waste disposal.eluding Commercial Cultivation The state allows for different classes of commercial cultivation with distinct limits to plant canopy associated with class. The most straightforward mechanism for a municipaity to adopt local regulations is to compliment the state licensing structure - issuing permits for certain licensing p for cultivation use and defining the zoningfor these uses. g classes recovery structure and additional local safetyregulations. (The Additionally a city may adopt a cost safety restriction to be applied statewide, but these regulations havee not also be adopting uniform additional local regulations are permitted.) Y been defined and Therefore, a comprehensive regulatory proposal for medical marijuana cultivation woul following components, related to commercial cultivation: d include the State Licensing Classes Allowed - Defines the associated plant count, canopy size and whether to allow indoor or outdoor cultivation • Associated Zones Permitted — Defines in which zones cultivation will be permitted to under the conditions outlined per the state licensing class. occur, • Associated Fees and Taxes — Defines, per state tax code. Additional local sales taxes are permitted, however, additional municipal fees and/or excise taxes are permittedand can be , not set by the municipality. • Additionally Safety Regulations — Defines regulations related to operating hours, public access, background checks, signage, security personnel, alarms, and enhanced building security features. g 2 281 MEDICAL MARIJUANA CULTIVATION ORDINANCE WHEREAS, in 1996 the people of the State of California passed Proposition 215, the Compassionate Use Act, that allows the use of marijuana for medical purposes when recommended by a physician and excludes from criminal prosecution the patient and the primary caregiver, as defined; and WHEREAS, in 2003, the State of California enacted Senate Bill 420, the Medical Marijuana Program Act (MMPA), which established requirements for the issuance of voluntary identification cards; provided a defense to criminal charges related to the cultivation, possession, sale, or storage of medical marijuana; prohibited the distribution of marijuana for profit; exempted from prosecution qualified patients and designated primary caregivers who associate to collectively or cooperatively cultivate marijuana for medical purposes; required the Attorney General to issue guidelines for the security and non -diversion of medical marijuana; and allowed cities to adopt and enforce laws consistent with the MMPA; and WHEREAS, in 2015, the State of California enacted Senate Bill 643, Assembly Bill 266, and Assembly Bill 243, establish a comprehensive regulatory framework for the production, transportation, and sale of medical marijuana. WHEREAS, under federal law, the possession, transfer, or sale of marijuana remains a criminal act; and WHEREAS, all powers not delegated by the United States Constitution to the United States nor prohibited by it to the states are reserved to the states or the people, pursuant to the Tenth Amendment of the United States Constitution; and WHEREAS, in the State of California, zoning is a local matter exercised by the cities pursuant to the police powers set forth in article XI, section 7 of the California Constitution; and WHEREAS, the City Council now desires to exercise its police powers solely to provide for the zoning of medical marijuana enterprises in such a manner as to limit the impact on the City generally and residential neighborhoods in particular, NOW, THEREFORE, BE IT ORDAINED, by the Council of the City of National City as follows: Section 1. Definitions Medical Marijuana Cultivation Ordinance Pagel of 5 "Quaffed Patient" defined in the California Heald and Safety Code, Section 11362.7. "Premise" is defined to mean the legal parcel(s) of land and the improvements on it, including building(s), store(s), shop(s), apartment(s), or other designated structure. "Dispensary" is defined to mean a physical retail establishment where medical cannabis, medical cannabis products, or devices for the use of medical cannabis or medical cannabis products are offered, either individually or in any combination, for retail sale, to Qualified Patients and their Primary Caregivers, including an establishment that delivers medical cannabis and medical cannabis products as part of a retail sale. "Cultivation" is defined to mean any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis. "Cultivation Site" is defined to mean the physical location where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed. "Cultivator" is defined to mean the organization holding the Conditional Use Permit for cultivation activity at a location authorized by the City. "Plant Canopy" is defined to mean the amount of cannabis that can be grown which is the aggregate area of vegetative growth of live marijuana plants. "Small Specialty Indoor Cultivation" is defined to mean cultivation in compliance with the regulations for a Cultivation License Type 1A (Specialty Indoor License). as defined in the Califurnia Health and Safety Code Section 11362.777, meeting the requirements to qualify for a state issued license. "Nursery Cultivation" is defined to mean cultivation in compliance with the regulations for a State Cultivation License Type 4 (Nursery License), as defined in the California Health and Safety Code Section 11362.777, meeting the requirements to qualify for a state issued cultivation license of Type 4. Section 2. Personal Use Cultivation Medical Marijuana Cultivation Ordinance Page 2 of 5 In accordance with California Health and Safety Code section 1362.777, a qualed patient may cultivate medical marijuana for their own personal use, at their place of residence, in an indoor area that does not exceed 100 square feet. A qualified patient may only cultivate marijuana for his or her personal medical use and may not sell, distribute, donate, or provide marijuana to any other person or entity. Landlords and building owners may limit or prohibit personal cultivation on the premise. Section 3. Commercial Cultivation Cultivation Sites are prohibited in residential, commercial, mixed -use and agricultural zones. Cultivation Sites may be permitted with a Conditional Use Permit in industrial Zones, subject to the following regulations: - ommented lCVtlr ineppente MOS bens a) All cultivation must occur on the interior of a building using exclusively artificial lighting. b) A Condttional Lae Permit May be issued for Small Specialty Indoor Cultivation or Nursery Culmatacn all other cultivation is strictly_ prohibited. A Conditional Use Permit applicant must specify whether the applicant will be cultivating Small Specialty Indoor Cultivation or Nursery Cultivation on site. Only one cultivation type will be permitted per location. Any cultivation must conform to the plant canopy and other limits set forth by the applicable California State License Category for the cultivation site. c) Plants may only be cultivated in response to a pre-existing purchasing agreement with a licensed dispensary or distributor. For each plant, the cultivator must be able to show an active purchase order requiring this plant from a licensed dispensary or distributor. The dispensary or distributor with which a cultivator has a purchase agreement must be licensed by a municipal or county jurisdiction within the state of California. a) A unique identifier shall be attached at the base of each plant. A unique identifier, such as, but not limited to, a zip tie, shall be issued for each medical marijuana plant. This unique identifier shall identify the dispensary or distributor for which the plant is being grown, as well as a Medical Marijuana Cultivation Ordinance Page 3 of 5 reruns t! [CVO: Lserins type eliowett.pfantfee weepy limas 284 unique id assigned to the individual plan. Records of plants, as identified by their unique identifiers, and their associated dispensary or distributor must be kept by the cultivator, and must be made available to City auditors upon request. . d) Seemly shall be provided at the cultivattan sate wthch shall include operable cameras, alarm, ami a sew geard. The seem* gshaft be canal by the State of California and he preset en die prentife e) From a public right of way, there shall be no visual evidence of cultivation either within or outside the facility. Adverse impacts of cultivation shall be mitigated so that a "public nuisance" (as defined by California Civil Code Section 3480) does not exist, including but not limited to adverse impacts of dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or the use or storage of hazardous materials, processes, products or wastes. f) No external signage shall be allowed. g) INo public doses or sales shad be allowed on the premise, only employees and contractors autlunizedbydueetitivasor raw be present asdiepremise .[_ h) All employees of the organization to which the Conditional Use Permit is issued shall be subject to a background check. Any person who has been convicted of a felony may not be employed by cultivator. i) The City encourages cultivators to operate in an environmentally sustainable manner. Prefeie ce will be given to applicant for Conditional Use Permits who show their commitment to environmentally sustainable practices including building LEED certification and adoption of EPA WaterSense identified water saving technologies. j) To discourage theft and vandalism, the City will not publish, or provide to the general public, the exact addresses of cultivation sites. Other aggregate informstion regarding �saditionel use wit; for c di va ioa including, but not limited to, number of permits issued, districts where said permits were issued, and the organizations to whom such permits were issued shall be available upon request. Medical Marijuana Cultivation Ordinance Page 4 of 5 Ca unenaad ICV31: a ifeti reaw.nens [0/41: Nopubllcamesceoeute vationsees 2S5 k) Applicants for Conditional Use Permit for cultivation must provide written proof that the building owner and management condone cultivation activity on the premise. 1) A Coed l Use Permit for cultrveaton Brie may be revoked or suspended due to legitimate smell complaints, noise complaints, upon City confirmation oldie smell or noise nuisance, or non•comphance with the Matrons set forth in this ordinance m) The City has may establish a set application fee fora Conditional Use Permit for a cultivation site and, as well as set annual fee for maintaining the cultivation ale Conditional Use Permit Such fees shall be established by the City planning department Section 6. That a full reading of this ordinance is dispensed with prior to its passage, a written or printed copy having been available to the City Council and the public prior to the day of its passage. Section 7. That this ordinance shall take effect and be in force on the thirtieth day fru,u and after its final passage, except that the provisions of this ordinance applicable inside the Coastal Overlay Zone, which are subject to California Coastal Commission jurisdiction as a City of Local Coastal Program amendment, shall not take effect until the date the California Coastal Commission unconditionally certifies those provisions as a local coastal program amendment. Medical Marijuana Cultivation Ordinance Page 5 of 5 Cited fCVSJ: Coridctcns to revoke a perms Comment d KM: Establish a fee structure 286 Martin Reeder From: outlook_ed7d1a76c94e3170@outloolc.com on behalf of Cynara Velazquez <cynara@communityengagementresources.corn> Sent: Tuesday, December 01, 2015 12:10 AM To: Martin Reeder Subject: Examples of Existing Municipal Ordinances addressing Medical Marijuana Cultivation Attachments: Arcata_Cultivation_Ordinance.pdf; City of 1papa_Disperisary_w_Cuitivation.pdf; City of Tulare_Dispensary_0rdinance.pdf; Clearlake_Dispensary_Ordinance_WV Cultivation.pdf; Eureka_Cultivation_Regulation.pdf; Fairfax_Dispensary_w Cultivation.pdf; Richmond2.pdf; San_Carlos.pdf; Santa_Cruz City2.pdf Hi Martin, To aid in your medical marijuana cultivation regulatory proposal effort, attached are a sample of ordinances from other jurisdictions that address cultivation. Please note that most of these ordinances are focused primarily on dispensaries and to a lesser extent on cultivation regulation, since prior to October of this year the state had not yet set up licensing categories for cultivation, therefore, municipalities had less incentive to regulate this use. That said, the ordinances attached do clearly address the relevant cultivation regulation components - zoning, plant limits, patient and building requirements, safety requirements, etc.. I hope this will give guidance in your investigations into cultivation regulation.. Regards, Cynara Velazquez Association of Cannabis Professionals 619-208-0567 i 287 STAFF REPORT City Council Agenda City Council Meeting of November 19,2008 To: Michael Hackett, City Manager From: Joe Mateer, Senior Planner' Date: November 12, 2008 Subject: Adopt Ordinance 1382 to amend the Arcata Municipal Code, Title IX, the Land Use Code by adding §9.42.105 — Medical .Marijuana: Cultivation and Dispensing as a new standard for specific land use; and associated revisions to; Allowable Land Uses and Permit Requirement Tables 2-1, 2-4, and'2-10; add associated definitions to Article 10 — Glossary; revise text of §9.42.040 — Accessory Uses, and §9.42.090 — Home Occupations. RECOMMENDATION: It is recommended the City Council adopt Ordinance 1382, waive reading of text, and consent to read'by title only. INTRODUCTION: The Council introduced Ordinance 1382 at the November 5, 2008 regular meeting to amend the 2008 Arcata Land Use Code with specific land use standards for medical marijuana. The Council requested staff revise several items and bring the item back to the Council for adoption. Attachment A with accompanying exhibits reflects the revisions requested by the Council. If the Council makes revisions that require the ordinance to come back for reintroduction, staff intends to bring the Item back to the new. Council on December 17, 2008. DISCUSSION: The adoption of Ordinance 1382 requires an additional 30 day period prior to the medical marijuana land use standards becoming effective In the areas outside the City's • Coastal Zone,boundary. BUDGET 1 FINANCIAL IMPACT: The zone amendment is considered an advance planning project, thus the costs are funded by the general fund. Use Permit applications are project driven with the costs of permit processing the responsibility of the applicant. Staff has anticipated the Land Use Code amendments and has delayed some document copying to allow the amendment to be incorporated. Otherwise the project should have no additional budget or financial impact on the City. ATTACHMENTS A. Ordinance Number 1382 including: Exhibit 1 - Land Use Code Revisions for Medical Marijuana: §9.42.105 — Medical Marijuana: Cultivation and Dispensing; Exhibit 2 - Allowable Land Uses and Permit Requirement: Table 2-1; Page 2-11; Exhibit 3 - Allowable Land Uses and Permit Requirement: Table 2-4; Page 2-19; Exhibit 4 - Allowable Land Uses and Permit Requirement: Table 2-10; Pages 2-31 and 2-34; Exhibit 5 — § 9.100.010 — Glossary (seven new terms defined) Exhibit 6 - § 9.42.040 — Accessory Uses; Exhibit 7 - § 9.42.090 — Home Occupations, Pages 4-15 and 4-16 (text revision occurs on page 4-16); Previous Attachments from 10/01/08 and 11/05/08 Staff Reports are incorporated into project proposal. These items should be retained by the City Council and brought to each meeting where this item is an the agenda. City Council Staff Report 11/19/08 Meeting Page 1 of j0e0ocs/Land Use Code/Medical Marguane/CouncWCC Report's f 1908.doc 288 Attachment A CC Staff Report 11/19/08 Meeting Draft ORDINANCE NO. 1382 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCATA AMENDING THE ARCATA MUNICIPAL CODE, TITLE IX, THE LAND USE CODE BY ADDING §-9.42.105 — MEDICAL MARIJUANA: CULTIVATION AND DISPENSING AS A NEW STANDARD FOR SPECIFIC LAND USE; AND ASSOCIATED REVISIONS TO: ALLOWABLE LAND USES AND PERMIT REQUIREMENT TABLES 2-1, 2-4, and 2-10; ADD ASSOCIATED DEFINITIONS TO ARTICLE 10 — GLOSSARY REVISE TEXT OF §9.42.040 — ACCESSORY USES, AND §9.42.090 — HOME OCCUPATIONS. The City Council of the City of Arcata does hereby ordain as follows: SECTION 1. Amendment of the 2008 City of Arcata Land Use Code Title IX of the Arcata Municipal Code is hereby amended as follows: 1. Add §9.42.105 — Medical Marijuana: Cultivation and Dispensing as attached as Exhibit 1; 2. Revise Tables 2-1, 2-4, and 2-10: Allowable Land Uses and Permit Requirement as attached as Exhibits 2, 3, 4; 3. Add definitions to Article 10 — Glossary as attached as Exhibit 5; .4. Revise text of §9.42.040 — Accessory Uses as attached as Eichibit.6; 5. Revise text of §9.42.090 - Home Occupations as attached as Exhibit 7. SECTION 2. Findings of Approval Based upon information received in the public hearing, including the Arcata Planning Commission .Staff Reports and Resolution PC-08-14 the following findings are hereby adopted. 1. The proposed amendment is consistent with the General Pian in accordance with the California Government.Code, Section 65860. 2. The public health, safety, and general welfare require the adoption of the proposed amendment. SECTION 3, Severabillty . If any provision of this ordinance is invalidated by any court of competent jurisdiction, the remaining provisions shall not be affected and shall continue in fuli:force and effect. Gas Attachment A CC Staff Report 11/19/08 Meeting SECTION 4. Limitation of Actions Any action to challenge the validity or legality of any provision of this ordinance on any grounds shall be brought by court action commenced within ninety (90) days of the date of adoption of this ordinance. SECTION 5. Effective Date This ordinance shall take effect thirty (30) days after its adoption by the City Council. DATED: ATTEST: City Clerk, City of Arcata Mayor, City of Arcata CLERK'S CERTIFICATE I hereby certify that the foregoing is a true and correct copy of Ordinance No. 1382, passed and adopted at a regular meeting of the City Council of the City of Arcata, County of. Humboldt, State of California, on the m day of , 2008, by the following vote: AYES: NOES: ABSENT: ABSTENTIONS: 2. City Clerk, City of Arcata 290 Attachment A - Exhibit 1 Council Staff Report 11119VO8 CITY OF ARCATA MUNICIPAL CODE —TITLE 9 — LAND USE CODE Standards for Specific land Use 8.42.105 9.42.106 — Medical Marijuana. Cultivation and Dispensing A. Purpose. The purpose and intent of this section is to regulate the cultivation and dispensing of medical marijuana in a manner that protects the health, safety and welfare of the community. This section is not Intended to interfere with a patient's right to medical marijuana, as provided for in California Health & Safety Code Section 11362, nor does it criminalize medical marijuana possession or cultivation by specifically. defined classifications of persons, pursuant to state law. B. Applicability. No part of this ordinance shall be deemed to conflict with federal law as contained in the Controlled Substances Act, 21 U.S.C. §8O0 et seq., nor to otherwise petmlt any activity that is prohibited under that Act or any other local, state or federal law, statute, rule or regulation. The cultivation, processing and dispensing of medical marijuana In the City of Arcata is controlled by the provisions of this section of the Land Use Code. Accessory uses and home occupations, where medical marijuana is involved shall be govemed by the provisions of this section. C. Release of Liability and Hold Harmless. The owner and permittee of a medical marijuana cooperative, collective or cultivation facility shall release the City of Arcata, and its agents, officers, elected officials, and employees from any injuries, damages,•or liabilities of any kind that result from any arrest or prosecution of cooperative or collective or cultivation owners, operators, employees, or clients for violation of state or federal laws In a form satisfactory to the Director. In addition, the owner and permittee of each medical marijuana cooperative, collective or cultivatlon.facfllty shall indemnify and hold harmless the City of Arcata and its agents, officers, elected officials, and employees for any claims, damages, or injuries brought by adjacent or nearby property owners or other third parties due to the operations at the cooperative, collective or cultivation facility, and for any claims brought by any of their clients for problems, injuries, damages, or liabilities of any kind that may arise out of the distribution, cultivation and/or on- or off -site use of medical marijuana provided at the cooperative, collective or cultivation facility in a form satisfactory to the Director. D. Medical Marijuana for.Personai Use. An Individual qualified patient shall be allowed to.cultivate medical marijuana within. his/her private residence..A primary caregiver shall only cultivate medical marijuana at . the residence of a qualified patient for whom he/she is the primary caregiver. Medical marijuana for personal use shall be in conformance with the following standards: 1. The medical marijuana cultivation area shall not exceed 60 sgliere feet and not exceed ten feet (10) in height per residence; a. Medical marijuana cultivation lighting shall not exceed 1200 watts; b. The use of gas products (CO2, butane, eto.) for medical marijuana oultivatioit of processing Is prohibited; c. In accordance with Section 9.42.090.B.2., medical marijuana cultivation and sale Is prohibited as a Home occupation. Per Section 9.42.040, Accessory Uses, medical marijuana cultivation and saies is not considered an accessory use. No sale or dispensing of medical marijuana for personal use is allowed; d. From a public right of way, there.shail be no exterior evidence of medical marijuana cultivation either within or outside the residence; e. The qualified patient shall reside in the residence where the medical marijuana cultivation occurs; Article 4 —Standards for Spas Land Uses Drug 111191Oe 291 Attachment A - Exhibit 1 Council Staff Report 11/19/08 CRY OF ARCATA MUNICIPAL CODE —TITLE 6 —LAND USE CODE Standards for Specific Land Use 9.42.105 f. The qualified patient shall not participate in medical marijuana cultivation in any other residential location within the City of Arcata; g. The residence shall maintain kitchen, bathrooms, and primary bedrooms for their intended use and not be used primarily"for medical marijuana cultivation; h. The medical marijuana cultivation area shall be in compliance with the current, adopted edition of the California Building Code § 1203.4 Natural Ventilation or § 402.3 Mechanical Ventilation (or its equivalent(s)); and I. The medical marijuana cultivation area shall not adversely affect the health or safety of the nearby residents by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials, processes,. products or wastes. 2. Any proposed medical marijuana cultivation by an individual qualified patient or primary caregiver that does not meet the grow area standard of Section 9.42.105 D. 1. shall require a Zoning Administrator Interpretation of the need for additional cultivation area. Documentation, such as a physician's recommendation or verification of more than, one qualified patient living in the residence, shall be submitted with the request showing why the cultivation area standard is not feasible. The request for Interpretation shall include written permission from the property owner. The Zoning Administrator shall review the submitted information and make an interpretation in accordance with Section 9.10.050. The Building Official may require additional specific standards to meet the California Building Code and Fire Code, including but not .limited to installation of fire suppression sprinlders. Approved medical. marijuana cultivation for personal use that exceeds 50 square feet shall conform to the following standards: a. Shall be in compliance with §9.42.105 D 1 a. —1. above; and b. The medical marijuana cultivation area shall not exceed an additional 50 square feet for the total of 100square feet and not exceed ten feet (10) in height per residence; and c. At a minimum, the.medical marijuanacultivation area shall be constructed with a 1-hour firewall assembly of green board; and • . d. Cultivation of medical marijuana for personal use is limited to detachedlsingle family residential properties, or the medical marijuana cultivation area shad be limited to a garage or self-contained outside accessory building that Is secured, locked, and fully enclosed. E. Permit requirements for Medical Marijuana Cooperatives or Collectives; Medical marijuana cooperatives or collectives may be established only in those zoning districts listed in Table 2-10, . °Allowable Land Uses and Permit Requirements for Commercial, Industrial, and Public Facility Zoning Districts." Medical marijuana cooperatives or collectives shall only be allowed with an approved Use Permit in conformance with Section 9.72:080-(Use.-Permit-and Minor Use Permit). The fact thatan applicant possesses other types of state or City perrnits or licenses does not exemptthe applicant from the requirement of obtaining a Use Permit to operate a medical marijuana cooperative or collective. A medical marijuana cooperative or collective shall consist of a business form that satisfies state law to act cooperatively or collectively in the acquisition and distribution of medical marijuana. Notwithstanding the provisions of Chapter 9 (Nonconforming Uses, Structures, and Parcels), an existing cooperative or collective in operation as of the effective date of this ordinance shall be brought into full compliance with the provisions of this section within one year of the effective date of the ordinance establishing this section. Article 4— Standards for Specific Land uses Draft 11119Poe 4-21 292 Attachment A - Exhibit 1 Council Sieff Report 11/19/08 CITY OF ARCATA MUNICIPAL CODE --TITLE 9•-LAND USE CODE Standards for Specific land Use 8.42.105 Spedflc Regulations. The following specific regulations apply to medical marijuana cooperatives or collectives. a. The total number of medical marijuana cooperatives or collectives within the City of Arcata shall be limited to four (4) until which time one (1) or two (2) of the four (4) cooperatives or collectives ceases to operate, then the total number shall be reduced to three (3) and ultimately two (2). b. In addition to Section 9.72.080 F (Use Permit Findings and decision), the review authority should give special consideration to approving cooperatives or collectives located: within a 300 foot radius from any existing residential zoning district, within 500 feet of any other medical marijuana cooperative or collective as defined In the glossary which is located either Inside or outside the jurisdiction of the City, or. within 500 feet from any existing public park, playground, day care, or school. c. Source of medical marijuana. A medical marijuana cooperative or collective shall only dispense marijuana from the following sources: (1) Permitted Cooperative or Collective. If the Use Permit authorizes fimited, on -site medical marijuana cultivation at the cooperative or collective, a permitted medical marijuana cooperatives' or collectives' on -site cultivation shall not exceed twenty five (25) percent of the cooperatives' or collectives' total floor area, but in no case ,w greater than 1,500 square feet and not exceed ten feet (10') in freight. . (2) Oft -site Permitted Cultivation. The cooperative or collective cultivates medical marijuana In an off -site location in accordance with applicable zoning regulations from the jurisdiction in which it is located.. Zoning compliance documentation from the applicable jurisdiction shall accompany the Use Permit application and be updated annually. (3) Qualified P,aiients. In the case of a medical marijuana cooperative or collective, the medical marijuana Is acquired from an individual qualified patient who cultivated the medical marijuana in accordance with the standards in Section 3.42.105.D.; the qualified patient received no monetary remittance, and the qualified patient Is a member of the medical marijuana cooperative or collective. Pursuant to California Health and Safety Code § i 1362.765 (c) a collective or cooperative my credit its members for meddioal marijuana provided to the collective or cooperative, which they may allocate to other members. d. Notwithstanding Section 9.72.080 (Use Permit and Minor Use Permit) a medical marijuana cooperative or cliaative application far a Use Permitshallinclude a detailed Operations Manual Including but not necessarily limited to the following information: (I) Authorization for the City, its agents and employees, to seek verification of the Information contained within the application; (2) A description of the staff screening process including appropriate background checks; (3) The hours and days of the week the medical marijuana cooperative or collective will be open; Article 4 —Standards for SpacNic Land Uses Draft 11/l9108 4-22 293 Standards for Specific Land Use (4) (5) (6) (7) (a) CITY OF ARCATA MUNICIPAL CODE —TITLE 9 — LAND USE CODE Attachment A -.Exhibit 1 Council Staff Report 11/19/08 9.42.105 Text and graphic materials showing the site, floor plan and facilities of the medical marijuana cooperative or collective. The material shall also show adjacent structures and land uses; A description of the security measures iocated.on the premises, including but not limited to, lighting, alarms, and automatic law enforcement notification; A description of the screening, registration and validation process tor qualified patients; A description of qualified patient records acquisition and retention procedures; The process for tracking medical marijuana quantities and Inventory controls including on -site cultivation, processing, and/or medical marijuana products received from outside sources;. (9) Description of measures taken to minimize or offset energy use from the cultivation or processing of medical marijuana; (10) Description of chemicals stored, used and any effluent discharged into the Clty's wastewater andlor stormwater system; and (11) Other information required by the Community Development Director. 2 Operating Standards. Medical marijuana cooperatives or collectives shall comply with all of the following operating standards. a. No dispensing medical marijuana to an Individual qualified patient or primary caregiver more than twice a day; b. Medical marijuana cooperatives or collectives shall only dispense medical marijuana to an Individual qualified patient who has a valid, verified physician's recommendation. The medical marijuana cooperative or collective shall verify that the physician's recommendation is current and valid; c. Medical cooperatives or collectives shall display the client rules and/or regulations in a conspicuous place that is readily seen by all persons entering the cooperative or collective. The client rules and/or regulations shall include, but not limited to: (1). Each building entrance to a Medical marijuana cooperative or collective shall be clearly and legibly' posted with a notice indicating that smoking, ingesting or consuming medical marijuana on the premises or In the vicinity of the cooperative or collective is prohibited unless specifically authorized with the Use Permit. (2) The building entrance to a medical marijuana cooperative or collective shall be clearly and legibly posted with a notice Indicating that persons under the age of eighteen (18) are precluded fromenteringthepremisesunless they are qualified patients and/or they are under the supervision of their parent or legal guardian. Article 4—Standards for Specific Lend Uses Draft 11M9/0B 4-23 294 Attachment A - Exhibit 1 Council Staff Report 1111f#fos CITY OF ARCATA MUNICIPAL CODE —TITLE 9 —LAND USE CODE *Nerds fa Specific Land Use P, 2,1 r15 f. Medical marijuana cooperatives or co!Iectives shall not permit the on -site display of marijuana plants except for approved signs according to Chapter.9.38 (Signs); Medical marijuana cooperatives or collectives shall only permit the distribution of live plants, starts and clones as allowed by the approved Use Permit, Such distribution shall be limited to qualified patients or primary caregiver, h. Medical marijuana cooperatives or collectives shall only permit the on -site display or sale of marijuana paraphernalia used for the consumption cf medical marijuana as allowed by the approved Use Permit; • I. Medical marijuana cooperatives or collectives shall comply with other conditions as outlined in the Use Permit; Medical marijuana cooperatives or collectives shall maintain all necessary permits, and pay all appropriate taxes. Medical marijuana cooperatives or collectives shall also provide invoices to vendors to ensure vendor's tax liability responsibility; k. Medical marijuana cooperatives or collectives shall implement procedures as outlined in their 'approved Operations Manual; 1. Medical marijuana 000peratives or collectives shall submit an °Annual Performance Review Report" for review and approval by the Community Development Director. The °Annual Performance Review Report" Is intended to Identify effectiveness of the approved Use Permit, Operations Manual, and Conditions of Approval, as well as the identification and implementation of additional procedures as deemed necessary., The Community Development Director may review and approve amendments to the approved "Operations. Manuar; and the frequency of the °Annual Performance Review Report".. Medical marijuana.. -cultivation and dispensing monitoring review fees pursuant to the current Planning and. Zoning Fee Resolution shall accompany the "Annual Performance Review Report" for costs.. associated with the review and approval of the report. 3. Permit Revocation or Modification. A use permit may be revoked or modified according to Section 9.96.070 (Permit Revocation or Modification). Use Permit revocation proceedings may occur (or non-compliance with one or more of the items 2.a. through I. above. 4: Transfer of Use Permit. The rights of an approved Use Permit to operate a mec%ai marijuana cooperative or collective may be transferred to another cooperative or collective as a Use Permit modification according to Section 9.96.070 (Permit Revocation or Modification): g. i• Article 4— Standards for specific Lend Uses Draft 11t19RIR 4-24 295 Attachment A - Exhibit 1 Council Staff Report 11119/08 CITY OF ARCATA MUNICIPAL CODE —TITLE 9 —LAND USE CODE Standards for Specific Land Use 9.42.105 F. Medical Marijuana Cultivation for Cooperative or Collective. Except as permitted in Section 9.42.105 E. 1. c. (1) medical marijuana cultivation and processing for medical marijuana cooperatives or collectives is considered an agricultural use and may be established only In those zoning districts listed In Table 2-1 `Allowable Land Uses and Permit Requirements for Agricultural and Resource Zoning Districts' and 2-10, "Allowable Land Uses and Permit Requirements for Commercial, industrial, and Public Facility Zoning Districts.' Medical marijuana cultivation and processing for a medical marijuana cooperative or collective shall only be allowed with an approved Use Permit in conformance with Section 9.72.080 (Use Permit and Minor Use Permit). The fact that an applicant possesses other types of state or City permits or licenses does not exempt the applicant from the requirement of obtaining a Use Permit to operate medical marijuana cultivation or processing facility. Notwithstanding the provisions of Chapter 9 (Nonconforming Uses, Structures, and Parcels), an existing medical marijuana cultivation and processing structure or use in operation as of the effective date of this ordinance shall be brought into full compliance with the provisions of this section within one year of the effective date of the ordinance establishing this section. 1. Specific Regulations. The following specific regulations apply to medical marijuana cultivation and processing. a. The total number of medical marijuana cultivation and processing.facilities within the City of Arcata shall be limited to four (4) until which time one (1) or two (2) of the cultivation and . processing facilities ceases to operate, then the total number shall be reduced to three (3) and ultimately two (2). If a medical marijuana cooperative or collective allows .for marijuana cultivation and processing pursuant to Section 9.42.105 E. 1. c. (1), the cooperative or collective shall be counted as. one of the four (4) (or three (3), or two (2) as noted above) allowed marijuana cultivation and processing facilities. b. The grow area shall be within a self-contained structure, with a 1-hour firewali assembly made. of green board, shall be ventilated with odor control, and shall not create a humidity or mold problem; c. The medical marijuana cultivation and processing facility shall not adversely affect the health or safety of the nearby residents or businesses by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials,processes, products or wastes; d. The medical marijuana cultivation and processing facility must be permitted in conjunction with an associated medical marijuana cooperative or collective in accordance to applicable zoning regulations from the jurisdiction in which it is located; e. The medical marijuana cultivation and processing facility shall comply with stormwater, wastewater, and applicable greenhouse gas reduction requirements; f. The size and scale of the cultivation shall be proportional to the qualified patient load of an associated medical marijuana cooperative or collective In accordance to applicable zoning regulations from the jurisdiction in which it Is located; g. Medical marijuana cultivation and processing facilities shall not permit the on -site display of marijuana plants except for approved signs according to Chapter 9.38 (Signs); h. Medical marijuana cultivation and processing facilities shall not permit the on -site display or sale of paraphernalia used for the use or consumption of medical marijuana; Article 4— Standards for Specific Land Uses Drag 11/19/06 4-25 296 Attachment A - Exhbit 1 Council Staff Report 11/19/08 CITY OFARCATA MUNICIPAL CODE -TILE 9 -LAND USE Coos Standards for Spadfic Lend Ilse 9.42.105 i. Medical marijuana cultivation and processing facilities shall comply with other conditions Rs outlined in the Use Permit; j. Medical marijuana cultivation and processing facilities shall maintain all necessary permits, and pay all appropriate taxes. Medical marijuana cultivation and processing families shall also provide invoices to vendors to ensure vendor's tax liability responsibility; k. Notwithstanding Section 9.72.080 (Use Permit and Minor Use Permit) a medical marijuana cultivation and processing application for a Use Permit shall include a detailed Operations Manual including but not necessarily limited to the following information: (1) Authorization for the City, its agents and employees, to seek verification of the information contained within the application; (2) A description of the staff screening process including appropriate background checks; (3) The hours and days of the week the medical marijuana cultivation and processing facility will be open; (4) Text and graphic materials showing the site, floor plan and facilities of the medical marijuana cultivation and processing facility. The material shall also show adjacent structures and land uses; (5) A description of the security measures located on the premises, including but not limited to, lighting, alarms, and automatic law enforcement notification; . (6) The process for tracking medical marijuana quantities and inventory controls; (7) Description of measures taken to minimize Cr offset energy use from the cultivation or processing of medical marluana; (8) Description of chemicals stored, used and any effluent discharged into the City's wastewater andfor stormwater system; and (3) Other information required by the CoMmuniity Development Director. n. Medical marijuana cultivation and processing facilities shall implement procedures as outlined , in their approved Operations Manual; • o. Medical marijuana cultivation and prooessino facilities shall submit an "Annual Performance Review Report' for review and approval by the Community Development Director. The 'Annual Performance Review Report' is intended to identify effectiveness of the approved Use Permit, Operations Manual, and Conditions of Approval, as well as the identification and Implementation of additional procedures as deemed necessary. The Community Development Director may review and .approve amendments to the approved "Operations Manual"; and the frequency of the 'Annual Performance Review Report'. Medical Marijuana cultivation and processing monitorig review foes pursuant to the current Planning and Zoning Pee Resolution shall accompany the 'Annual Performance Review Report' for.costs associated with the review and approval of the report. Article 4 — Standards for Specific Land Uses Draft 111i910B 4-26 297 CITY OF ARCATA MUNICIPAL CODE - TITLE 9 - LAND USE CODE Agriculture! and Resource Zoning Districts AGRICULTURAL & OPEN SPACE USES Attachrnerrt A - Exhibit a Council Staff Report 11/111/08 • 9,22,030 Agricultural accessory structure, 4,000 sf or less P ' P _ ' MUP MUP MUP 9/2.060 9.42.030 Agricultural accessory stnicture, larger than 4,000 sf MUP MUP MUP MUP MUP ___ Apt,Latirral culty'vatiQn fined cal arlivana UP P ,U� P = P P = P— Apiculture! processing - Very low impact ,9.42.105 Agricultural processing -.Low Impact . . MUP MUP MLiP MUP - MUP Agricultural Processing- Moderate impact UP UP • • UP — -- Animal keeping S S .. 8 S S 9.22.060, 9.42.050 Aquaculture - Ocean dependent •. • - r • — MUP — MUP ; MUP Commercial greenhouse-- Perimeter foundation, 1,000 sf or less ' , P MUP • MUP — i ' — ' . Comtnercial greenhouse - Perimeter foundation, larger than 1,000 sf f MUP MUP i. MUP - — . - • Cafimerdal greenhouse - Slab foundation • UP ^ -. UP • — i — Commetcial greenhouse - SoU dependent, 1,000 sf or lees • P P ' P • — •• — 9.22.060 Conimerolal greenhouse - Soil dependent, larger tffan.1,00d sf •• . •'MUP MUP •• MUP — ` - L '. Crop production, horticulture orchard, vineyard '. P(2) P(2 P(2) . P(2) rP(2) -.• 9.22.080 Forestry . . MUP — MUP P(2) . — • Nature preserves, habitat and wetland restoration P(2) P(2) Pp P(2) ' P(2) 9.22.060 Winery _ - - ' . • UP UP • UP " -- . — RECREAT1ON,.EDUCATION & PUBLIC ASSEMBLY USES Boat Munching fad* — 'MUP — UP . 9.22.060 Coastal access trail P . P • P — P 9.22.060 Equestrian facility, maintaining 8 or fewer horses • P ,MUP UP •- - • — 9.42,050 `• Equestrian facility, maintaining 9 or more horses • - MUP MUP . UP .-- — 9.42.050 1nteapreiive center . . . : •.--•• - -_ UP UP' 9,22.060' Non -vehicular recreation . P P P P - P • 9.22.060 Meeting facftity, public or private — r - . UP UP • UP — Parks and playgrounds — — • MUP UP UP , Kev to Zoning District Symbols rral VAV Agriculture - Exclusive • Agriculture - Exclusive - Coastal Zone. Agriculture - Residential Notes: . (1)•'See Articles10for land•usedefinitions. • (2) Zoning -Clearance not regdired. BREW Natural Resodree - Timber Production Natural Resource-Pubftc Trust Article 2 — Zoning Districts & Allowable Land Uses 2-11 298 Residential Zoning Distrtote Attachment A - Exhibit -3. • Council Staff Report 11/)' /O8 CITY 0FARCATAMUNICIPAL CODE -ii itE9-LAB UCE CODE 9.24:030 i R15Af TtftEtinta nsti,„ 1t?t MZAK AGRICULTURAL & OPEN SPACE USES Agricultural accessory structure MUP UP UP UP r 9.42.030 facrrk:vlhiral cultivation - medimi mellow — -- ..... — 9.42.105 ` Animal keeping S S S 8 9.42.050 Crop production, horticulture, orchard, vineyard MUP MUP MUP MUP Greenhouse end nursery structures, 300 sr ortess .UP UP • . — — Greenhouse and nursery structures, larger than 300 sf — — — — Produce stand,1,000 sf mandmum MUP MUP MUP MUP 9.42140E RECREATION, EDUCATION & PUBLIC ASSEMBLY USES Equestrian facility :. UP — . — — 9.42.050. Meehngfacility, public orPrivate MUP MUP , MUP MUP - • Parke end playgrounds, pubic P , . P P' P Private residential recreation facility MUP MUP,' MUP School - Public or private, elementary or secondary ' MUP MUP ' MUP ' MUP RESIDENTIAL USES Horne occupation P P P ' P 9.42.090 Moble home - Outside of mobile home perk P P P P 9,42120 ' Mobile home park, including individual mobile homes • UP UP UP UP • . 9,42,120 ' MA -family housing, 2 units • • — P. P P 9.42.130 Multi-famlly housing, 3 to 9 units. • . — MUM) P P • 9.42.130 Mill -family housing, 10 or more units . -- — P . P 9.42.130 • Organ zational house (sorb y, monastery, religious, etc.) UP UP UP UP Residential accessory tie or.strvcture P P P �, P 9.42.030 • Resrdentiai cane fehiillty, 8-oefewer clients , . ' ' • ' • F' P' • P P Residential care fadlity,-7or more clients 7 1 UP UP UP l UP li Rooming or boarding house — UP P P Second dwelling unit .1 ' P • P P P 9.42.170 Single fammhIy dwelling • ? R P P t Trasrsilional housing UP • UP UP UP 1. i4t:yt i Zonirig uIs%rict Symbols Residential-VetyLow Density Residential Lew Density Residential - Medium Density Reeidentai- HI�hDensity Nods: - . . (1) See Male 10 (Glosaery) for land use delinitions. - • (2) Allowed only in compliance with Section 9.24.06O.B (RL Alternative Development Option). Article.2 - Zoning Districts & Allowable Land Uses 249 • +L' 299 3t 1 CITY OF ARCATA MUNICIPAL CODE •-TITLL A —LAND USE CODE Commercial, industrial, and Public Facility Zoning Distracts Attachment A - Exhibit Council Staff Report 11t19/08 6 te9r 9.26.030 i�t. jll [l ��p�tG •INDUSiRY,•MPiNUFACTURING & PROCESSING; WHOLESALING •.......:>. • • Apdoitii Gralpttltivailsrn•-.inedical•ina gPnt - .. . _. = _. ':::;le _. UP = . 9.42.1f§ Agricultural processing - Very•Iovr Impact• -Agricultural processing -Low impact MUP(4L MUP(4) — — . P P - - Blodiesel production ' .. • . . — — — — UP UP — , Composting .. - .. • . .— . — — _ -• ••MLIP-'.•..iMLIP.....-.-_ Construction contractors - - . -- — — _ P P . — - •..Fumiture.and fixtures.rnatiufaoturing, cabinet shop - ... . -UP ... T — . P.. P. — • Laboratory - Medical, analytical, R&D Laandry, dry cleaning plant. — UP — UP' • P • • P — Maniiiectirii4process111:0- Low ipact •. MUP(4) MUP — - • . •' P: • - • } ..- . ... - • Mane(attuninglproceastng-• Moderate; brined . . — — — -. 'MUP •...MUP . - Menufach rin • r0aesslrrgr• Hlih`impedk ••- • — - . - • - t : .... .UP • — Media produ _ p P • — :• W .- P - - "- ...-".Britt g asii�• i5' lifq-- .. . . ,..w-- . _ ... .. P.... P.-- . _ .... ^ '' ' p-„ ...:,-P _. .. Recycling -Processing facility. ,....- . — . --• -- - MUP .. -P — ' 9;42.160 .. :=... =Recycling•s.Reversa•Vendin®.machine's ... . . ...- -P -, • _.. P•-•... . - - . . P :..: p . :.9.42.160 •. ' Reyding' Scrap. and.dismantltng yards ... —' . — ""•;^.. . . . MUP — : 9.42.160 . '-.8ecycling..5neall 0011e0061i facilty. • • • . ; —.... :`til1R.. `'. ` '::r :• - ;`: MUP'. "...P.- P . 9.42.160 .. -.Solidmaste.disposal1iransfer station.. __ — . — ;.::tlP :M; ::'UP. • Staraje.s13usinessrecords .w..... - ... .MUP .. ,MUP. ...—' ..: MU.P. ' ; :..MUP' — 5�nra a • utdoor. � _... _ ....•.. MUP MUP ..MUP.- '.M1JP ' ' : P P. � ..• P 9.42150 ...Storage -;Personal storageiaclity.(mini-storage) . _ : — UP ..• — P ' P .. - -. ,Storage;Marehouse, Indoor storage . - ..UP . — — . P - ..P.. — . Wholesaling end -distribution. — P . -- - - P P te•Zonfnu District Svmbots r I ' 'Commercial -Central kill r';c industrial - Limited • }'.;.,:; af . .COmrner0fai-General • 1 . ,.J:,'":. Industrial -General tF4 .1. • Commercial-VisitarSenIng • . . • "p i { i , Public Facility • • Commercial - Mixed Use Center Notes: (1) See Article 10 (Glossary)for land use definitions. (2) Use Permit required for any proposed retell use with either: (a) a floor greater than 30,000 sf; or (b) physical alteration of eight or more acres; or (c) generation of 1,000 or more vehicle trips per day. Sea also Section 9.26.0130. (3) Residential units should only be located above nonresidential uses or at ground level behind the strael-fronting• nonresidential uses pursuant to Section 9.42.130. (4) Allowed only In conjunction with the on-alle retail sale of products produced on the site. Article 2—Zoning Districts & Allowabia Land Uses 2.31 300 • CITY OFARCATA MUNICIPAL CODE -TITLE II -LAND USE CODE Conimercla!, lndusbial, end Public Facility Zoning Diktats Attachment A - Exhibit Council Staff Report 111t 4dO8 y 9.28.030 dr 1 4 J �;k.• r. .- 74 4' - r • ''�{ 1g#i'.4�er _ n�1 � k � y . f ki i8 R z 4 _ ,�€"� v - y�"• r ;. fi �°. <.. Z f Y.JFi X�ei i, _+t.4:aAF,1. " J ' �" +ai0.•U '11 a .A .T ✓i+�+!`F` " . i 4k . rm W! yes yam` x u 'S.§ �5r•s Y ' r11'r J• s r�-•, r2 $ ma r rt +1 Sy.. �• . 1,$ l ti �5�.. - , ' „ ;. '1' : -� .di 6' m.o...: h:a7.Si %I.` Ir 1 .. i t77y7a,4`i�? '1!• i . nl 'T. r i r . ,eJt'� -u rP .m ii • '.ti- ��i!P„ s14 Da SERVICES - BUSINESS, FINANCIAL, PROFESSIONAL ATM P l_--P P_ _1---p __ - Ba k. fmancial services P •• P MUP P — — — - Business supportsen+ice • P ,, . P — P . — — - - Medical services - Doctor office .. P/ ' P P P. — — MUP Medical services - Clinic, lab, urgent care MUP MUP MUP MUP — — MUP Medical services - Extended care -' MUP — • — MUP — — MUP Medical services - Hospital — • UP . UP — -.- — UP ltOrvices -mpd mti610crtIRg_Aary SE, .1 - — — P ;d,42.105 Office -Accessory ' '' P P . P 'P P P Office - BusinesslseMc P P — P P _ — i . Oflke-Government •.P ; P ..Y — P • P — — • Office - Processing " P ' . P — P P — _ — • — Oifice - Professional P P • —, • •P P . — — SERVICES -GENERAL. Adult day care - 44 or fewer clients P '. P — P — — MUP Adult day care - 45 or more clients . • • t+MUP " ` 11UP . MUP • — MUP Catering service — • P . — P P ' — Cemetery ._.. _ --' — , — — — UP Child day care center MUP MUP — • MUP MUP UP MUP 9.42.070 • Child day care • !arge of small family day car home. - P P • -- P • P ' — — Dave -through service - — MUP MUP MUP — — — 9.42.080. Drop -In center '-- ' UP — --• UP ' UP MUP • Equipment rental • • - • • . .. ": MUP ; — — - P • • P • — • Kennel, animal boarding. - —. , — MUP MUP •—• . ' Lodging Bad & breakfast inn (t3$B) MUP • MUP MUP •MUP -•- — — 9.42.060 Lodging - Hostel MUP MUP MUP MUP — •-- - - Lodging - Hotel or motel ' • P r MUP P MUP •-- -- — Lodging - Recreational vehicle (RV) park - — — UP — — -- --- • Maintenance service - Client alie aervioes P P — — P P --- Mlq uery, funeral home — — — — — — Personal services P P — P P — — .. Personal services -Restricted__ ,, ._. _. . • _ P. — — — — — • Public safety facility — — -- —. - • -- MUP - _ Repair service - Equipment, large appliances, etc, - — — — — P P — • Social service organization • P P — P P — MUP Vehicle aervk es - Major repa!rbody work — MUP MUP -- P • P — Vehicle services - Minor rnainienanceirepairhetread — P P MUP P P — Veterinary clinic, animal hospital — .MUP.1 MUP MUP — — — Article 2 - Zoning Districts & Allowable land Uses 2-34 • 301 Attachment A. Exhibit 5. CC Staff Report 11/113/O8 CITY OF ARCATA MUNICIPAL CODE —TITLE 9 —LAND USE CODE Definitions 9.100.010 The following definitions will be added to Article 10 Glossary Marijuana. "Marijuana" means all parts of the plant Cannabis. sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not Include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, cake, or the sterilized seed of the plant which is incapable of germination. Medical Marijuana. Means marijuana used in strict accordance with the Compassionate Use Act of 1996 (Health and Safety Code §11362.5 et seq) and The Medical Marijuana Program (Health and Safety Code §11362.7 et seq.). Medical Marijuana Identification Card. A document issued by the State Department of Health Services that document identifies a person authorized to engage In the medical use of marijuana and the person's designated primary caregiver, If any as per California Health and Safety Code §11362.7, and as may be amended. Medical Marijuana Cooperative or Collective. °Medical Marijuana Cooperative of Collective " means an affiliation or association of individuals whose collective intent is to provide education, referral or network services and to assist In the lawful acquisition and distribution of medical marijuana In a safe and affordable. manner between primary caregivers and qualified patients as permitted in accordance with the Compassionate Use Act of 1996. Person with an Identification Card. Means an individual who is a qualified patient who has applied for and' received a valid Identification card as per the California Health and Safety Code §11362.7, and as may be amended. Primary caregiver. Means the individual, designated by a qualified patient or bya person with an identification card, who has consistently assumed responsibility for the housing, health, or safety of that patient or person, as more particularly as set forth in California Health and Safety Code §11362.7, and as may be amended. Qualified patient. Means a person who has a physician'srecommendation and is entitled to the protections of Section 11362.5 of the California Health and Safety Code, but who does not have an identification card issued as set forth in California Health and Safety Code §11362.7, and as may be amended. Article 10— Glossary Draft-11/19108 10• - 302 Attachment A - Exhibit (0 Council Staff Report 11/13/08 ewe OF ARCA i A MUNICIPAL CODE -TITLE 9- LAND USE CODE Standatds for Specific Land Uses 9,42.040 9.42.040 - Accessory Uses In addition to the .uses expressly permitted in each zoning district by Article 2 (Zoning Districts and Atlowabie Land Uses), the following accessory uses are also permitted in complliance with this -Section. Sae also Section 9,42020 (Accessory Retail and Service Uses). These do not include uses covered In Section 9.42.10511Nedical Mariiivanei.. A. Administrative office. The administrative ofhlce•for an approved primary use on time same lot, B. Parking. Off-street parking and loading serving a primary use, located, designed, and constructed In compliance with Chapter 9.36 (Parking and Loading), but.only if the parking is reserved for the residents, employees, patrons, or other persons participating .in the 'Amery. activity on the site. . . C. Production of goods. The production of goods for sale by a firm engaged in an approved primary commercial use on the same lot, if: 1. All goods produced are sold at retail by the same firm either on the same or other kits; and 2: • Production does not occupy more than 60 percent ofthe total floor area and open sales, display, storage, and service area occupied by the firm on the lot, or more than 3,000 square feet, whichever Is less. • D. Sales, Wholeeaie or retail sales to a buyer's custom order_; of goods produced by an approved primary industrial use on the same lot, E.. . Storage. The storage of goods sold by an approved primacy oommerrial use on the same lot, or used in or produced by alit approved primary Industrial use an the same lot Article 4 - Standards for Specific rand Uses 4E 303 CITY OF ARCATA MUNICIPAL CODE -TITLE S-LAND USE CODE Standards for Specific Land Uses Attachment A - Exhibit 7- • Council Staff Report 1781/08 9.42.0g0 9,42.090 - Home Occupations The following standards for home occupations ere intended' to encourage reasonable opportunities for employment within the home, while .avoiding changes to the residential character of a dwelling that accommodates a home occupation, or the surrounding neighborhood, where allowed by Article 2 (Zoning Districts and Allowable Land Uses). A. Permit requirements, A home occupation in compliance with this Section shall require a City Business License. A home occupation that does not comply with.each applicable.requirernent.of this Section may be authorized by Minor Use Permit, provided that the review authority first makes the following findings, in addition to those required by Section 9,72,080 for Minor Use Permits: 1. The operating characteristics of the business will be such that It will have no significant adverse impact on.the owners or occupants of neighboring properties; and •. 2. The specific location, building type, orientation, access .characteristics or other features of the subject property warrant the approval of the proposed use although It would not -typically conform to zoning limitations. Before receiving a City business license for a home occupation, all applicants shall sign an affidavit attesting that they have read:understand, and will comply with the standards and requirements of this.. Section, and' that they agree"to pay for all'City coifs incurredln thereriforcemeni of thaw provisions, 'including attorneys' fees, if they are subsequently found to be operating a business in violation of the. Municipal Code or other City ordinance., B. Limitations on use. The folio' ing are examples of 'business activities that may be approved as home occupations, and uses that are prohibited as home occupations. • 1. Uses allowed as home occupations. The following and other uses determined by the Director to be similar may be approved by the Director in compliance with this Section. a. Art and craft work (ceramics, painting, photography, sculpture, etc.); b. Tailors, sewing; c. Office -only uses, Including an office for an architect, attorney, consultant, counselor, doctor, Insurance agent, planner, tutor, writer, and electronic commerce; and d. Personal trainers and licensed massage therapy and physical therapy. Article 4 - Standards for Speclllc Land Uses (f 4-16 Attachment A - Exhibit ? Council Staff Report 11NR1O8 04'2 CITY OFARCATA MUNICIPAL CODE -TITLE 9 - LAND USE CODE Standards for Specific Land USN 9.42:090 .2. Uses prohibited as home occupations. Businesses with operating characteristics that have significant adverse impacts on the owners or occupants of the neighboring residential properties shall be prohibited as home occupations. Examples -of such operating characteristics are: dust, glare, heat, noise, noxious gasses, odor, smoke, excessive traffic, vibration, use of explosives or highly combustible materials, and use of hazardous or toxic materials. The types of businesses that will be prohibited as home occupations include: vehicle repair, animal hospitals and boarding facilities, storage yards, medical clinics and iaboratbries; sex -oriented businesses, wood cutting businesses, welding and machine shop operations, and other similar businesses, and ail uses covered in Section 9.42.105 (Medical Marj;uana). Operating standards. Home occupations shall comply with all of the following operating standards. 1. Accessory use, The home occupation shall be dearly secondary to the full -lime use of the • property as a residence. 2. Visibility, The use shall not require any exterior modification to the structure not customarily found In a dwelling, nor shall the home occupation activity be visible from a public right-of-way, or from neighboring residential properties. • 3, Signs. There shall be no signs, other than one name plate, not exceeding two square feet In area, and only if attached flush to a wall of the structure. Hand lettered or magnetic door vehicle signs identifying the business are allowed; however, no.vehlcle sign shall be used to direct clients to the hone occupatlon from off the site, pursuant to Section 9.38, Signs, 4. Safety. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises. The use shall not employ the storage of explosive, flammable, or hazardous materials beyond those normally associated with a residential use. b. Of -site effects. No home occupation activity shall create dust, electrical interference, fumes, gas, glare, tight, noise, odor, •smoke, tox i hazardous materials, vibration, or other hazards or nuisances as -determined by the Director.. 6, -Outdoor display or storage.. There shall be no window display or outdoor storage. or display of equipment, materials, or supplies associated with the home occupation, , 7. Employees. A home occupation shall hive no onesite employees other than full -tine residents of the dwelling, unless a Minor Use Permit is obtained that would allow on -site employees. 8. Glienticustomer visits. The home occupation shall be operated so as to not require more than 12 vehicle trips per day of clients, customers, andlor visitors to the residence. On -site presence , of clients or customers shall be limited to one client or family,at a time, and only between the hours of 9;00 am. and 8;OQ pen. 9. 'Deliveries. The home occupation shall not Involve the use of commercial vehicles for delivery of materials to or from the premises In a manner different from normal residential usage, except for FedEx, UPS, or USPS-type home pick-ups and deliti'eries. 10. Utility service modifications. No electric or gas utility service to the dwelling shall be sited solely to accommodate a home occupation, other than aszliquired for normal residential use, . Article 4 — standards for Specific Land Uses 4-16 •- • 'n", ' . i t 305 ORDINANCE NO. ORD-150-2011 AN ORDINANCE ADDING SECTION 20 OF CHAPTER 5, POLICE REGULATIONS, RELATING TO MEDICAL MARIJUANA DISPENSARIES, OF THE MUNICIPAL CODE OF THE CITY OF CLEARLAKE The City Council of the City of Clearlake, State of California does hereby ordain as follows: SECTION 1. DECLARATION OF INTENT The purpose of this Ordinance is to add Section 20, Chapter 5, to the Municipal Code relating to Medical Marijuana Dispensaries. Voters of the State; of California approved proposition 215 (codified as Health and Safety Code Section 11362.5 et seq.) entitled "The Compassionate Use Act of 1996." The intent of Proposition 215 was to enable persons residing in the State of California who are in need of marijuana for medical purposes to be able to obtain and use it under limited, specified circumstances, without being subject to criminal prosecution under State of California penal statutes. The State enacted SB 420 in 2004, being sections 11362.7 et seq., of the Health and Safety Code, identified as the Medical Marijuana Program (Program), to clarify the scope of the Compassionate Use Act of 1996. Except for the limited exemption from criminal prosecution under State criminal laws, the possession and sale of marijuana remains illegal under both state and federal law. To protect the public health, safety, and welfare, it is the desire of the City Council to modify the City's Municipal Code consistent with the Program, to regulate and restrict the location and operation of Medical Marijuana Dispensaries and promote and protect the health, safety, morals and general welfare of residents and businesses within the City. SECTION 2. Chapter 5-20 of the Clearlake Municipal Code is hereby added as follows: CHAPTER 5-20 MEDICAL MARIJUANA DISPENSARY REGULATIONS Section 5-20.1 Definitions. For the purpose of this Chapter, the following words and phrases shall mean: "Applicant" means a person who is required to file an application for a license under this Chapter, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of a Medical Marijuana Dispensary, as defined herein. "City" means the City of Clearlake. 1 306 "Compassionate Use Act" shall mean California Health and Safety Code Section 11362.5, as may be amended, also known as the Compassionate Use Act of 1996. "Drug paraphernalia" shall have the same definition as found in the Health and Safety Code Section 11364.5, and as maybe mended. "Identification card" shall have the same definition as found in the Medical Marijuana Program (Health & Safety Code section 11362.7(g).) and as may he amended. "Licensee" means the person to whom a Dispensary license is issued under this Chapter, and who is identified in California Health and Safety Code Section 11362.7, subdivision (c) or (d), (e), or (f). "Medical marijuana dispensary" or "dispensary" means any storefront location that provides consumer related products and services primarily found within the City's C-2 and C-3 zone districts which distributes, transmits, gives, or otherwise provides medical marijuana to qualified patients or primary caregivers in accordance with California Health and Safety Code section 11362.5 through section 11362.83, inclusive, commonly referred to as the Compassionate Use Act of 1996 and the Medical Marijuana Program. The following buildings, premises and uses are not "Dispensaries" pursuant to this Chapter, as long as the location of such uses are otherwise regulated by this Code or 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 residential hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code. All of the foregoing buildings, premises and uses must strictly comply with applicable law including, but not limited to, Compassionate Use Act. A `suaedio:aai marijuana collective" or "cooperative" means an organization that facilitates the collaborative efforts of medical marijuana patients and caregiver members for use and cultivation of medical matijuaua as authorized. by taw — including the t notation of costs and revenues. A medical marijuana patient growing "collective" or "cooperative" that does not operate as a storefront location or mobile retail outlet that provides consumer related products and services Nsln ly f :un3 within the City's C-2 and C-3 zone district is exempt from the provisions of this ordinance. • "Medical Marijuana Program" shall mean Health and Safety Code Section 11362.7 et. seq. "Person with an identification card" shall have the same definition as set forth in the Medical Marijuana Program (Health 8c Safety Code section 11362.7(c).) and as may be amended. Primary caregiver" (caregiver) shall have the same definition as set forth in the Compassionate Use Act and Medical Marijuana Program. 2 307 "Qualified patient" (patient) shall have the same definition as set forth in the Compassionate Use Act and Medical Marijuana Program. "Youth -Oriented Facility" shall mean a public or private school (K-12) , licensed daycare facilities, public parks, and any establishments that advertise in a manner that identifies the establishment as catering to or providing services primarily intended for minors. Section 5-20.2 Dispensary License Required to Operate. It shall be unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the City the operation of a dispensary unless the person first obtains and continues to maintain a valid dispensary license from the City as required by this Chapter. Section 5-20.3 Limitations on Number and Size of Dispensaries. A. The City may not grant more than three (3) licenses for Medical Marijuana Dispensaries at any given time. When Clearlake's population reaches 20,000, then the number of licenses granted at any given time shall be increased to four (4). B. The retail area of a Medical Marijuana Dispensary shall not exceed 1,200 square feet. Section 5-20.4 Limitations on Location of Dispensary. A. The three dispensaries specifically mentioned in Section 2.J. of the Moratorium ordinance No. 2009-145 may be located within the Commercial C2 or C2DD zoning districts. Any other future dispensary may be located within the Commercial C4 zoning district by right or in the C-2 zoning district by use permit. B. A dispensary must be clearly visible from public rights of way and located on a premises that provides unobstructed views of the dispensary entrance. C. A dispensary shall not be located within 600 feet of a Youth -Oriented Facility. This setback shall be measured in a straight line from the boon. ary line of the property on which the dispensary is located nearest to the boundary of the property on which the building or structure, or portion of the building or structure, in which the above listed use occurs or is located. The City Council may waive all or part of this requirement if it determines that the proximity does not constitute a risk to public health or safety as it relates to anything other than a K-12 public or private school. Section 5-20.5 Initial Filing Period. In order to allow the consideration of competing applications for a dispensary, a ninety (90) day filing period shall commence following the adoption of this Ordinance for the three dispensaries existing as of November 5, 2009. Upon the close of this initial filing period, if multiple applications have been received and deemed complete, they shall be processed concurrently as set forth in this Chapter. If less than three applications are received during the initial filing 3 308 period, any applications that are subsequently submitted shall be processed and evaluated individually, in the order in which they are received and deemed. complete. If the application of a dispensary existing as of November 5, 2009 cannot be approved under the terms of this Ordinance of if they have not submitted an application within ninety (90) days of the filing period noted above, then that business will have to cease operation within 30 days after so being notified by the City. Section 5-20.6 Application .'reparation and Piling. A. Any person wishing to operate a dispensary in the City shall complete and file an application. An application is complete if it inclnrrs all fees, information and materials required by this Chapter. All license applications shall he filed with the City Ad ininistrator, using forms provided by the City. It is the responsibility of the applicant to provide information required for approval of the application. The application shall be signed under penalty of perjury. Existing dispensaries wishing to remain in business under the terms of this Ordinance must file an application within ninety (90) days after the adoption of the Ordinance. B. An application may only be filed by the owner of the subject property, the lessee of the property where the lease authorizes the lessee to use the premises for a dispensary, or a person with the written authorization of the property owner. C. The application shall be deemed filed on the date when the City receives the last submission of information or materials required for it to be deemed complete in accordance with requirements specified herein. D. The City shall notify an applicant in writing, via Certified U.S. Mail, postage pre paid, sent to the address provided by the applicant on the application, if an application is incomplete. The applicant shall be granted an extension of time to submit all materials required to complete the application within ten (10) days of the date of the notification. If the application remains incomplete in excess of said ten (10) day period, the application shall be deemed withdrawn drraw and new application shall be required. The time period for granting or denying a license shall be stayed during the extension of time. E. The fact that an applicant possesses other types of state or City permits or licenses does not exempt the applicant from the requirement to obtain a dispensary license pursuant to this Chapter. F. Any dispensary license application shall include the following information: (1) The applicant's full name (including any current or prior aliases, or other legal names the applicant is or has been known by, including maiden names), current Address, and telephone number. (2) The address where notice of action on the application is to be mailed. 4 309 (3) The applicant's previous addresses for the five years immediately prior to his or her present address. (4) Written proof that the applicant is over the age of eighteen (18) years of age. (5) The applicant's height, weight, color of eyes and hair. (6) Two (2) passport -quality photographs of the applicant. (7) The applicant's businesses, occupations, or employment for the ten years immediately preceding the date of the application. (8) The applicant's business license and permit history, including whether the applicant has had a permit, approval and/or business license revoked or suspended by the State, or any city or county, the reason therefor, and the business or activity or occupation engaged in by the applicant subsequent to such action of suspension or revocation, and a copy of the applicant's seller's permit (retail sales tax permit) issued by the State Board of Equalization. (9) All the name or names and addresses of the person or persons who will act as a manager or supervisor of the dispensary. (10) The printed results of a background investigation from the California Department of Justice resulting from a fingerprint card submission approved by the City of Clearlake, verifying whether the person or person having the management or supervision of the applicant's business has been convicted of a critne(s), or entered a plea of guilty or nolo contendere to a crime, the nature of such offense(s), and the sentence(s) imposed. (11) Names of all employees, volunteers, and other persons who will work at the dispensary. The applicant also agrees to submit any names for a fingerprint card of individuals who become new owners, managers, supervisors, employees, or volunteers during the year after a license is issued. (12) A written plan describing how the dispensary will operate consistent with State law and the provisions of this Chapter, including: (a) Controls ensuring medical marijuana is not purchased or sold by the dispensary, its owners, managers, supervisors, employees or volunteers, in a manner that would generate a profit. (b) Controls ensuring medical marijuana will be dispensed only to qualified patients or primary caregivers. (c) Controls ensuring access to dispensary premises is regularly monitored and restricted to qualified patients and primary caregivers. 5 310 (d) independent verification methods for ensuring that a qualified patient's physician is recommending medical marijuana only for medical use. (13) A written statement listing the physical size of the dispensary, the number of managers, supervisors, employees and volunteers who will work there, and describing the nature of the proposed use of the dispensary (14) A written statement indicating how e2eih of the criteria for review has been satisfied, which shall include documented proof. (15) A security plan describing security arrangements that will ensure the safety of persons visiting and working at the dispensary, and protect the premises from theft. The plan shall provide for: installation of security cameras; installation of a burglar alarm system monitored by a state -licensed monitoring service; and a periodic (no less than yearly) written security assessment of the site conducted by a qualified professional. (16) A sketch or diagram depicting the interior configuration of the premises, including the total floor area occupied by the dispensary. The sketch or diagram must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six. (6) inches. (17) A sketch or diagram showing exterior configuration of the premises, including the outline of all structures, parking and landscape areas, and property boundaries. The sketch or diagram must be drawn to a designated scale or drawn with marked dimensions to an accuracy of plus or minus six (6) inches. (18) A straight-line drawing accurately depicting the building (or portion thereof) and premises to be occupied by the dispensary, and all properties within 600 feet of the boun dsries of the property on which the dispensary license is requested. The drawing shall indicate the property lines of any Youth -Oriented Facility and all residential zones or uses within 100 feet of the primary entrance of the dispensary. (1#) A lighting plan showing existing and proposed exterior and interior lighting placement and levels to provide adequate security lighting and which comply with all City standards regarding lighting design and installation. (20) Written authorization for the City, its agents and employees to seek verification of the information contained ire the -application and/or xequired_pursuant to this Chapter. (21) A written statement by the applicant certifying under penalty of penury that he or she has the consent of the property owner and landlord to operate a dispensary at the location, or providing proof that the applicant owns the property. (22) A written statement by the applicant certifying under penalty of perjury that all the information contained in the application is true and correct. 6 311 G. In addition to providing all the materials required for new applications, applications for annual renewal shall also be accompanied by the following information: (1) The licensee shall provide a detailed description of any changes proposed or that have occurred in dispensary operations, the reasons for such changes, including compliance with applicable local and State law. (2) The licensee shall identify any problems encountered during operations and how they have been addressed. (3) The Icensee shall describe how the dispensary operations have complied with the requirements of this Chapter and with applicable local and State law. Section 5-20.7 Investigation and Action on Application. A. After an applicant files a complete dispensary license application and pays all required fees, the Police Chief shall conduct a background check of the applicant and all the dispensary's identified managers, supervisors, employees and volunteers, and take action as follows: (l) The Police Chief shall refer the application to any other City departments as necessary to complete his or her review of the application. (2) The application, or competing applications, if applicable, shall also be subject to a preliminary review conducted by the Police Chief and the City Administrator. The Police Chief and City Administrator shall make such recommendations to the City Council as they deem appropriate based on their review. B. Within 60 days after completion of the Police Chief's investigation, the application shall be scheduled for a public hearing before the City Council where the Council may either grant or deny the application in accordance with the provisions of this Chapter. Section 5-20.8 Public Hearing. The City Council shall consider the application for the issuance or renewal of a dispensary license at a duly noticed public hearing, as set forth in the Municipal Code. Section 5-20.9 Criteria for Review. The City -Council shall consider the following criteria in determining whether to grant or deny an application to issue or renew a dispensary license: A. The dispensary will operate or, if a renewal application, currently operates, in conformity with the Compassionate Use Act, the Medical Marijuana Program, and the provisions of this Chapter and the City Code. 7 312 B. The dispensary location does not have significant crime issues (e.g., based upon crime reporting district/statistics as maintained by the police department)_ C. There have not been excessive numbers of calls for police service, crimes or arrests in the area or to an misting dispensary location (or to a dispensary located in another jurisdiction with which the applicant is affiliated in any way). D. The applicant, and all managers supervisors, employees and volunteers are at least eighteen (18) years of age. E. All required application materials have been provided and/or the dispensary has opted successfully in a manner that shows it will comply with the operating requirements and standards specified in this Chapter. F. That all required application. or annual renewal fees have been paid and reporting requirements have been satisfied in a timely manner. G. The physical size of the dispensary conforms with the requirements of this Chapter; and, the dispensary will be, or if a renewal application, currently is, one of three or fewer total licensed dispensaries operating within the City. H. The location is not prohibited by the provisions of this Chapter or any applicable local or State law, statute, rule or regulation. Y. The site plan, floor plan, and security plan have incorporated features necessary to assist in reducing potential crime -related problems and as specified in the operating requirements of this Chapter. These features may include, but are not limited to, security on -site; procedure for allowing entry; openness to surveillance and control of the premises, the perimeter, and surrounding properties; reduction of opportunities for congregating and obstructing public ways and neighboring property; illumination of exterior areas; and limiting furnishings and features that encourage loitering ancl nuisance behavior. T. No dispensary a pl oant, owner, lichee, agent, or mPnarr! St reFilisors, employee or volunteer who will work, or, if renewal, currently works at the dispensary, has violated any provision of this Chapter such the grounds exist to suspend or revoke a dispensary license. The 4ispensaiy has incorporated all reasonable measures into the opting plan and consistently taken steps to successfully control the establishment's patrons' conduct resulting in disturbances, vandalism, uncontrolled crowds in or outside the dispensary, traffic control problems, or creation of a public or private nuisance, or interference of the operation of another business. L. That the dispensary has not caused or been the site of nuisance activities inehnding disturbances of the peace, illegal drug activity, ingesting medical marijuana in public, harassment of passerby, excessive littering, excessive loitering, illegal parking, excessive 8 313 loud noises, especially late at night or early in the morning hours, lewd conduct, or police detentions or arrests. M. No provision of the Municipal Code or condition imposed by a City issued license, or any provision of any other applicable local or State, regulation, order, or any condition imposed by permit issues in compliance with those laws has been violated. N. The applicant has not violated any applicable local or State law, statute, rule or regulation respecting the distribution, possession, or consumption of medical marijuana. 0. The applicant has neither knowingly made a false statement of material fact, nor knowingly omitted a material fact from the dispensary license application. P. No person who has been convicted of a felony within the past ten. (10) years may be actively engaged in the operation or financing of any dispensary as an owner, licensee, agent, investor, manager, supervisor, employee or volunteer. The applicant has not engaged in unlawful, fraudulent, unfair, or deceptive business acts or practices. Q. Section 5-20.10 Findings; Decision. Following a public hearing, the City Council may approve or disapprove an application to issue or renew a dispensary license. In issuing or renewing a dispensary license, the City Council may impose conditions, restrictions or require revisions on the applicant's operating plan to ensure compliance with the provisions, purpose and intent of this Chapter.. The City Council shall record the decision and the findings upon which the decision is based. The City Council shall cause a written notice of its decision to issue or deny a license to be mailed to the applicant by certified U.S. mail. Section 5-20.11 Effect of Denial. If the City Council denies an application or revokes a dispensary license as provided in this Chapter, no new application for a license shall be accepted from the applicant whose license has been revoked or application denied and no such license shall be issued to such person or to any company, entity or corporation in. which s/he shall have any interest for a period of five years after the action denying or revoking the license. Section 5-20.12 Appeal. The decision of the City Council to approve, deny, or revoke a license as provided for in this Chapter shall be final and conclusive and there shall be no right of appeal. Section 5-20.13 Operating Requirements. Dispensary operations shall be established and managed only in compliance with the following standards: 9 314 A. Criminal History. No applicant, his or her agent or employees, nor any person exercising managerial authority over a dispensary on behalf of the applicant shall have been convicted of a felony within the past ten (10) years, B. Minors. (1) it shall be unlawful for any licensee, supervisor, or manager of any dispensary, to employ any person who is not at least eighteen (18) years of age. (2) Persons under the age of eighteen (18) shall not be allowed on the premises of a dispens iry unless they are a qualified patient or a primary caregiver, or if they are a minor child in the presence of their parent or guardian. C. Operating Hours. The maximum dispensary days and hours of operations shall be as follows: Monday through Saturday: 9 am - 7 pm Sunday: 12 pm— 5 pm D. Dispensary Size and Access: (1) The retail sales area of a dispensary shall not exceed 1,200 square feet. Dispensary size shall be limited, as deemed appropriate and necessary, to best serve patient needs within the intent of this Chapter and reduce potential adverse impacts that might otherwise occur on surrounding neighborhoods, businesses and demands on City services. 4 ) (3) The entrance into the dispensary building shall be locked at all times with entry strictly controlled, e.g., a "buzz -in" electroniclmecbanical eutry system. A viewer shall be installed in the door that allows a wide-angle of view of the exterior entice. Only dispensary stag primary caregivers, qualified patients, persons with State issued identification cards, persons inspecting the facilities on bclhslf of the City, persons engaged in maintenance and repair activities in the building, and persons providing professional services such as accounting and legal services, shall be permitted at a dispensary. (4) Potential patients or caregivers shall not visit a dispensary without first obt2ininE a valid written recommendation from their physician recommending medical use of marijuana. 10 315 (5) Only primary caregivers and qualified patients shall be permitted in the designated dispensing area; dispensary personnel must be present at such times. All other authorized visitors shall remain in the designated waiting area in the front entrance/lobby. E. Dispensary Supply. A dispensary may possess no more than (5) pounds of dried marijuana at any one time in addition to live plants for sale for medicinal purposes that are in a vegetative (not mature) state. F. Dispensing Operations. (1) A dispensary shall only dispense to qualified patients or caregivers with a valid physician's recommendation in compliance with the Compassionate Use Act. (2) Prior to dispensing medical marijuana, the dispensary shall obtain verbal and signed, written verification from the recommending physician that the individual requesting medical marijuana is a qualified patient. No dispensary may provide medical marijuana to any persons other than qualified patients or persons with identification cards and designated primary caregivers who are members of the marijuana collective or cooperative. (4) A dispensary shall only be for the dispensing of medical marijuana and not to evalrate patients and provide a recommendation for medical marijuana. Medical marijuana collectives shall maintain records reflecting: a The full name, address, and telephone number(s) of the owner or lessee of the property. b. The full name, address, and telephone number(s) of all qualified patients and persons with identification cards and/or primary caregivers who participate in cultivation of marijuana. c. The full name, address, and telephone numbers) of all qualified patients and persons with identification cards to whom the dispensary provides medical marijuana. d. The designation, by qualified patients) and person(s) with identification cards, of any and all primary caregivers who participate in the collective cultivation of marijuana (3) (5) (6) Patient records shall be maintained on -site, either in paper or electronic form, and secured and verified by the City as needed (consistent with requirements pertaining to patient confidentiality pursuant to applicable State and Federal law) 11 316 (7) and at least every 12 months by the qualifying patient's physician or Doctor of Osteopathy. The licensee shall annually provide information on prior yam' operations verifying compliance with this Chapter to the City Administrator. Licensee shall modify dispensary operations as required by the City Administrator to ensure compliance with all requirements of this Chapter_ G. Retail Sales and Cultivation (1) Subject to this Section, no medical marijuana shall be cultivated on the premises of the dispensary, except in compliance with the Compassionate Use Act and Medical Marijuana Program. No cultivation shall take place outdoors on the premises, all cultivation must occur indoors, (2) A dispensary shall meet all the operating criteria for the dispensing of medical marijuana as is required pursuant to the Compassionate Use Act and Medical Marijuana Program. (3) The sale of ancillary products, including books, herbal supplements, and devices facilitating the consumption of medical marijuana shall occur in a manner consistent with this Ordinance, and in compliance with all state requirements. H. Operation Requirements. (1) (2) Floor plan. The main entrance shall be located and maintained clear of barriers_, landscaping and similar obstructions so that it is clearly visible from public streets, sidewalks and site driveways. Storage. A dispensary shall have a locked safe on the premises, identified as a part of the security plan, for after-hours storage of medical marijuana. A dispensary shall also have a sew area for the storage of it atu re plants rnd any other products specifically allowed under the license, which contain medical marijuana. (3) Minimum Staffinng. The dispensary ghail be staffed during fours of opetation by at least two persons, one of whom must be a manager (4) Odors. A dispensary shall have an air treatment system that ensures off -site odors shall not result from its operations. 12 317 Security Plan. A dispensary shall provide adequate security on the premises, as approved by the Police Chief and pursuant to this Chapter, including lighting and alarms, to ensure the safety of persons and to protect the premises from theft. Security cameras. Security cameras required by this Chapter shall be installed to monitor, at the minimum, the main entrance and exterior of the premises to discourage loitering, crime, and illegal or nuisance activities. Security video retention. Security video shall be retained for 30 days. Images shall be made available to the Police Chief upon a reasonable written request for the specific time period. Alarm system. A State -licensed professionally monitored robbery and burglary alarm system shall be installed and maintained in good working condition. Emergency contact. A dispensary shall provide the Police Chief with the name, phone number and facsimile number or email address of an individual working on the dispensary premises, to whom notice of problems associated with the operation of the dispensary can be provided. The dispensary shall keep this information current at all times. The dispensary shall make every good faith effort to encourage neighborhood residents to call this designated person to resolve operating problems, if any, before any calls or complaints are made to the City. I. Signage and Notices. (1) Signs on the premises shall not obstruct the entrance or the video surveillance system. The size, location, and design of any signage must conform to the sign provisions in the Clearlake Zoning Ordinance. (2) Business identification signage shall be limited to that needed for identification only, consisting of a single window sign or wall sign that shall comply with the appropriate sign requirements with the applicable zoning district. J. Employee Records. Each owner or operator of a dispensary shall maintain a current register of the names of all employees currently employed by the dispensary, and shall disclose such registration for inspection by any City officer or official for purposes of determining compliance with the requirements of this Chapter. K. Financial Review. Each dispensary shall allow the City to have access to the dispensary's state income tax returns previously filed with the state for the purpose of verifying that the dispensary is 13 318 operating on a not -for -profit basis in accordance with the Attorney General's Guidelines. Tax returns shall be produced within 14 days after receipt of the City's written request, L. Star Training. (1) Dispensary staff shall receive appropriate training for their intended duties to ensure understanding of rules and procedures regarding di.snensing in compliance with State and local law. (2) The dispensary shall take those steps necessary to assure that the persons assigned to provide security are properly trained or employed by a private security service in good standing with all supervisory or regulatory bodies exercising jurisdiction over such services. M. Site Management. (1) The operator of the establishment shall take all reasonable slops to discourage and correct conditions that constitute a nuisance in parking areas, sidewalks, alleys and areas surrounding the premises and adjacent properties during business hours if related to the patrons of the subject dispensary. a. "Reasonable steps" shall include calling the police within 30 minutes of observation of the activity, requesting those engaging in activities that constitute a nuisance or are otherwise illegal to cease those activities, unless personal safety would be threatened in making the request. b. "Nuisance" includes but is not limited to disturbances of peace, open public consumption of medical marijuana or alcohol, excessive pedestrian or vehicular traffic, including the formation of any pedestrian lines outside the building, illegal drug activity, harassment of passersby, excessive littering, excessive loitering, illegal parking, excessive loud noises, especially late at night or early in the morning hours, lewd conduct or police detentions and arrest,. (2) The operator shall provide patients with a list of the rakes and regulations governing medical marijuana use and consumption within the city and recommendations an sensible medical marijuana etiquette. N. Compliance with Other Requirements. The operator shall comply with all provisions of all applicable local or State laws, regulations or orders, as well as any condition imposed on any permits issued pursuant to applicable laws, regulations or orders. O. Confidentiality. 14 319 To the extent protected by law, the information provided for purposes of this section shall remain confidential. It shall be maintained by the City Administrator or Police Chief, as appropriate, and not disclosed as public records unless pursuant to subpoena issued by a court of competent jurisdiction. P. Display of License. Every dispensary shall display at all times during business hours the license issued pursuant to the provisions of this Chapter for such dispensary in a conspicuous place so that the same may be readily seen by all persons entering the dispensary. Q. Payment of Fees. A Licensee shall pay all annual license fees at the time that an original application is filed or an annual renewal application is submitted. Section 5-20.14 Annual Term of License and Renewal Required. A. Licenses issued under this Chapter shall expire one (1) year following the date of their issuance. B. Licenses may be renewed by the City Administrator for additional one (1) year periods upon application by the licensee, unless the license is suspended or revoked in accordance with the provisions of this Chapter. C. The dispensary shall be notified by the City on a timely basis that an annual renewal application is due to be filed. Complete applications for renewal shall be made at least forty-five (45) days before the annual expiration date of the license and shall be accompanied by the nonrefundable application fee referenced herein. Applications for renewal shall be governed by the same criteria applicable to initial applications for licenses. D. Applications for renewal made less than. forty-five (45) days before the annual expiration date shall not stay the annual expiration date of the license, and in addition to satisfying all other applicable criteria for license renewal, the applicant shall be required to demonstrate good cause for failing to have timely filed the application for license renewal. The City Administrator shall have the sole discretion to determine whether such good cause is demonstrated. E. Licenses may be revoked or suspended by the City Council on the grounds and terms provided in this Chapter. F. In the event that the City Administrator and Police Chief are not able to act upon a license renewal application prior to the date said license expires, and said inability is due to no fault of the City, said license shall expire as of its expiration date and the dispensary shall no longer operate after said expiration date. in such circumstances, should the licensee of the expired license desire to reestablish the right to operate a dispensary, the licensee 15 320 must do so by applying for a new dispensary license complying with all requirements of this Chapter applicable to an original application for a dispensary license. Should the City Council approve the license application, said decision shall be deemed effective on the date of the City Council's decision. G. The establishment of a Youth -Oriented Facility within 600 feet of a dispensary following the initial issuance of the license shall not be grounds for subsequently revoking the license. Section 5-20.15 Susiuefnsioyn and Revocation. A. Any license issued under the terms of this Chapter may be suspended or revoked if the City Council finds that the Licensee has violated any of the provisions of this Chapter, or the dispensary is otherwise being operated in a manner that violates any of the provisions this Chapter. B. Except as otherwise provided in this Chapter, no dispensary license shall be revoked or suspended by virtue of this section absent notice and a hearing. The City shall provide written notice to the Licensee that the City Council will hold a hearing, at a scheduled meeting, regarding the suspension or revocation of his/her dispensary license. The City shall provide such notice no less than fifteen (15) days before the date of said hearing. The notice shall contain a brief statement of the grounds for revoking or suspending the Licensee's dispensary license. Notice may be given either by personal delivery to the Licensee (in which case, service shall have deemed to have been effected upon delivery of the notice), or by certified U.S. mail in a sealed envelope, postage prepaid, return receipt requested, addressed to Licensee at the address appearing on his/her dispensary license application (in which case, service shall be deemed to have been effected on the date the receipt indicates delivery was accomplished). C. If the City Council finds that sufficient grounds exist for the revocation or suspension of a dispensary license, then said determination shall be announced at the hearing, and written notice of said determination sent to the Licensee by personal delivery or certified U.S. mail in a sealed envelope, postage prepaid, return receipt requested, and addressed to the the addres appearing on hisi� dispensary license application. D. The decision of the City Cc uneil shall be final and conclusive and there shall be no right of appeal. E. Procedures for the above are not exclusive and the City reserves the right tQ enforce all applicable laws for any licensee's violation of any law. Section -20 Transfer of Licenses. A. A licensee shalt not operate a dispensary under the authority of a dispensary license at any place other than the address of the dispensary stated in the application for the license. 16 321 B. A licensee shall not transfer ownership or control of a dispensary or transfer a dispensary license to another person unless and until the transferee obtains an amendment to the license from the City Council stating that the transferee is now the licensee. Such an amendment may be obtained only if the transferee files an application with the City Mministrator in accordance with all provisions of this Chapter (as though the transferee were applying for an original dispensary license) accompanied by a transfer fee in an amount set by resolution of the City Council (or if not set, ghs11 be the same amount as the application fee), and the City Council determines (after hearing) in accordance this Chapter that the transferee would be entitled to the issuance of an original license. C. No license may be transferred when the City Administrator or Police Chief has notified the licensee that the license has been or may be suspended or revoked. D. Any attempt to transfer a license either directly or indirectly in violation of this section is hereby declared void, and such a purported transfer shall be deemed a ground for revocation of the license. Section 5-20.17 Imposition of Fees. A. Every application for a dispensary license or renewal shall be accompanied by a nonrefundable fee, as established by resolution of the City Council from time to time. This application or renewal fee shall include fingerprinting, photographing, and background check costs and shall be in addition to any other costs imposed by this code or other governmental agencies. Fingerprinting, photographing, and background check fees shall be as established by resolution adopted by the City Council from time to time. The time frames for the implementation of this Ordinance shall not be in effect until the City Council adopts a fee resolution. In the event that employee changes occur during the year, the applicant must submit the new employee for fingerprinting, photographing, and a background check and pay the appropriate fees for those services. B. All fees established by the Council to implement this Ordinance will reflect the City's costs to complete the requirements of the Ordinance. In addition, there will be a one- time fee to initiate the application process and an annual renewal fee. This one-time fee and the renewal fee will be comparable to the typical cost of obtaining a City Business License. Section 5-20.18 Violations. A. It is unlawful for any person, individual, partnership, co -partnership, firth, association, joint stock company, corporation, limited liability company or combination of the above in whatever form or character to violate any provision or fail to comply with any of the requirements of this Chapter and/or any dispensary license issued here under. B. A violation of this Chapter and/or any dispensary license issued here under shall be punished in accordance with the Clearlake Municipal Code. 17 322 Sermon 5-20. 19 Remedies Cumulative_ All remedies prescribed under this Chapter shall be cumulative and the use of one or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing the provisions hereof Section 5-20. 20 Separate Offense for Each Day. Any person that violates any provision of this Chapter shall be guilty of a separate offense for each and every day during any portion of which any such person commits, continues, permits, or causes a violation thereof, and shall be penalized accordingly. Section 5-20.21 Public Nuisance. Any use or condition caused or permitted to exist in violation of any of the provisions of this Chapter and/or any dispensary license issued here under shall be and is hereby declared a public nuisance and may be summarily abated by the City. Section 5-20. 22 Criminal Penalties. Any person who violates, causes, or permits another person to violate any provision of this Chapter and/or any dispensary license issued hereunder commits a misdemeanor. Section 5-20.23 Civil Injunction. The violation, or threatened violation, of any provision of this Chapter and/or any dispensary license issued hereunder shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of City Council, create a cause of action for injunctive relief, which may be brought by the City Attorney. Section 5-20.24 Administrative Remedies. n addition to the civil remedies and criminal penalties set forth above, any person that violates the provisions of this Chapter and/or any dispensary license issued here under may be subject to administrative remedies as set forth in the Code. Section 5-20.25 Conflicts. All ordinances or parts of ordinances or resolutions in conflict herewith are hereby repealed to the extent -of •such Picts and no further. 18 323 Section 5-20. 26 Effective Date. The effective date of this Ordinance is thirty (30) days after its adoption by the City Council. PASSED AND ADOPTED this 141 day of July, 2011 by the following vote: AYES: Mayor Joyce Overton, Council. Member Curt Giambruno, Council Member Jeri Spiffier, Council Member Judy Thal NOES: None ABSENT: Vice Mayor Joey Luiz ABSTAIN: None 19 324 ORDINANCE NO. 31-10 N.S: AN ORDINANCE OF TIIE CITY OIL MCHMOND CITY COUNCIL AMENDING RICHMOND MUNICIPAL CODE CHAPTER 7.102 (MEDICAL MARIJUANA COLLECTIVES) THE CITY COUNCIL OF THE CITY OF RICIMOND does ordain that Richmond Municipal Code Chapter 7.102 is hereby amended to read as follows: SECTION 1. Richmond Municipal Code Chapter 7.102 Table of contents is hereby amended to read as follows: 7.102.010 Purpose and Intent 7.102.020 Definitions 7.102.030. Permit required. 7.102.040 Location and number. 7.102.050 Permit application process. 7.102.055 Appeals from decisions to grant or deny a Permit. 7.102.060 Permit approval and operating conditions. 7.102.070 Permit Non -transferable. 7.102.080 Maintenance of records. 7.102.090 Inspection authority. 7.102.100 Existing Medical Marijuana operations. 7.102.110 Prohibited activity. 7.102.120 Violation and enforcement. 7.102.130 Appeals from revocation or suspension decisions. SECTION 2. Richmond Municipal Code Section 7.102.040 (Location and number) is hereby amended to read as follows: A. All Medical Marijuana Collectives shall be located in the Regional Commercial (C-3) Zoning District. B. All Medical Marijuana Collectives shell be a minimum of one thousand five hundred feet (1,500') from any public or private high school and a minimum of five hundred feet (500') from any park, community center, youth center, public or private child-care center, nursery school, kindergarten, elementary, middle or junior high school, unless, following a public hearing, the Chief of Police makes all of the following findings based on specific facts, stated in writing. 1. The location, design and proposed operating characteristics of the Collective are such that it is highly improbable persons on, in or travelling to or from nearby schools, parks, community centers, youth centers, or child-care centers would be able to view persons in, entering, or leaving the Collective. ii. Allowing the Collective to locate within one thousand five hundred feet (1,500') of a public or private high school or within five hundred feet (500') of a park, community center, youth center, public or private child-care center, nursery school, kindergarten, elementary, middle or junior high school will not grant the Collective a special privilege riot available to other -Medical Marijuana Collectives -within the -City- f- iehzmond, - iii. The Collective has demonstrated that it considered other locations and selected the location that would have the minimum negative impact on the surrounding community while providing necessary services to its Members. C. The Chief of Police shall pit no more than three (3) Medical Marijuana Collectives to operate in the City of Richmond When there are fewer than three (3) permitted Collectives operating within the City, the Chief of Police shall publish an Invitation for Applications on the City's website, stating the period during which applications will be accepted. SECTION 3. Richmond Municipal Code Section 7.102.050 (Permit application process) is hereby amended to read as follows: Any Medical Marijuana Collective desiring a Permit required by this Chapter shall complete and 325 file an application on a form supplied by the Chief of Police, and shall submit with the completed application payment of a nonrefundable processing and notification fee, as established by the City Council by resolution. The Medical Marijuana Collective Permit application is established to provide a review process for each proposed Medical Marijuana Collective operation within the City. A. Filing. The Medical Marijuana Collective shall provide the following information: 1. The address of the Property where the proposed Medical Marijuana Collective will operate. 2. A site plan describing the Property with fully dimensioned interior and exterior floor plans including electrical, mechanical, plumbing, and disabled access compliance pursuant to Title 24 of the State of California Code of Regulations and the federally mandated Americans with Disabilities Act. The site plan shall demonstrate that there are separate rooms or partitioned areas within the Collective for the receipt of supplies and for the distribution of Medical Marijuana to Qualified Patients and/or Primary Caregivers. 3. Exterior photographs of the entrance(s), exit(s), street frontage(s), parking, front, rear and side(s) of the proposed Property. 4. Photographs depicting the entire interior of the proposed Property. 5. A security plan including procedures for verifying identification of Qualified Patients and Primary Caregivers both before entering the Collective and again before receiving Medical Marijuana; the number, location and hours of security guards; and a theft prevention plan. 6. If the Property is being rented or leased or is being purchased under contract, a copy of such lease or contract. If the Property is not being rented or leased, written proof that the Property owner has been notified that the Property will be used as a Medical Marijuana Collective. 7. If the Property is being rented or leased, written proof that the Property owner, and landlord if applicable, were given notice that the Property will be used as a Medical Marijuana Collective, and that the Property owner, and landlord if applicable, agree(s) to said operations. If the Collective is to be a subtenant, then "landlord" shall mean the primary tenant. 8. The name, address, telephone number, title and function(s) of each Management Member. 9. For each Management Member, a fully legible copy of one (1) valid government -issued form of photo identification, such as a driver's license. 10. For each Management Member, a summary criminal history ("LiveScan") prepared by the Richmond Police Department not more than two weeks prior to the date of application and demonstrating that there are no pending charges nor convictions for crimes of moral turpitude (such as theft, fraud, or assault) within the previous ten years, and that the subject is not currently on parole or probation for the sale or distribution of a controlled substance. 11. Written confirmation as to whether the Medical Marijuana Collective, or a collective with one or more Management Members in common with the applicant, previously operated in this or any other county, city or state under a similar license/permit, and whether the Collective applicant ever had such a license/permit revoked or suspended and the reason(s) therefore. 12. Either (a) if the Collective is incorporated, a certified copy of the Collective's Secretary of State Articles of Incorporation, Certificate(s) of Amendment, Statement(s) of Information and a copy of the Collective's Bylaws demonstrating that the Collective is organized as a non-profit entity, or (b) if the Collective is unincorporated, a copy of the Collective's notarized creating document demonstrating that the Collective is organized as a non-profit entity. A creating document may include articles of association, bylaws, constitution, or other documents that set forth how theCollectivewill operate. 13. A Seller's Permit from the California Board of Equalization. 14. The name and address of the applicant's current Agent for Service of Process. 15. A copy of the Medical Marijuana Collective operating conditions, containing a statement dated and signed by each Management Member, under penalty of perjury, that they read, understand and shall ensure compliance with all operating conditions. 16. A copy of the Prohibited Activity Checklist, available from the Richmond Police Department, containing a statement dated and signed by each Management Member, under penalty of perjury, that they read, understand and shall ensure that neither the Collective nor its members and Management Members shall engage in the aforementioned prohibited activity. 2 326 17. A statement dated and signed by each Management Member, under penalty of perjury, that the Management Member has personal knowledge of the information contained in the application, that the information contained therein is true and correct, and that the application has been completed under the supervision of the Management Member(s). 18. A statement of whether Edible Medical Marijuana will be prepared st the proposed Property and, if so, a certificate from the Contra Costa County Department of health Services demonstrating compliance with the Food Services Facilities Inspection program. 19. Evidence of a computerized or telephonic system for communicating with all other permitted Collectives within the City of Richmond in order to ensure that a Qualified Patient, directly or through his or her Primary Caregiver(s), does not purchase, obtain, or otherwise receive a total of more than one ounce of Medical Marijuana per day. B. After the closing of the application period, the Chief of Police will evaluate all applications for completeness. The Chief of Police shall ensure that applications are complete as follows: 1. Within twenty (20) business days of the close of the application period, except where circumstances beyond the control of the City justifiably delay such response, the Chief of Police chalk determine whether the applications arc is complete. If it is determined an application is incomplete, the applicant shall be notified in writing that the application is not complete and the reasons therefore, including any additional information necessary to render the application complete. 2. The applicant shall have thirty (30) calendar days from the date of a notice of incomplete application to complete the application. Failure to do so within the thirty (30) day period shall render the application null and void. The determination that an application is null and void is not an appealable decision. 3. Within ten (10) business days following the receipt of an amended application or supplemental information, except where circumstances beyond the control of the City justifiably delay such response, the Chief of Police shall again determine whether the application is complete and shall inform the applicant whether additional materials are required to complete the application. Evaluation and notification shall occur as provided above up to three times until such time as the application is found to be complete or in the alternative null and void. if, after three opportunities to complete an application, the applicant fails to provide all necessary information, the application shall be null and void. The determination that an application is null and void is not an appealable decision. 4. All notices required by this Chapter shall be deemed issued upon the date they are either deposited in the United States Postal Service mail or the date upon which personal service of such notice is provided. C. All complete applications will be circulated to the Planning and Building Services, Fire and Code Enforcement Departments with a rating matrix and directions for evaluating and scoring applications based on criteria to be adopted by separate Resolution of the Council. D. Except where circumstances justify delay, not later than sixty (60) days from the daz the completed Permit applications are circulated for staff review, all complete applications will be considered at a noticed public hearing or series of noticed public hearings conducted by the Chief of Police. Prior to publication of notice of the public hearing(s), the City Council may choose to have the hearing(s) conducted by the Council or a subcommittee thereof. If the Council does not cheese to have the hem:ng(s) conducted by the Council or a subcommittee thereof then the Chief of Police shall cause the public hearing(s) to be conducted before a rating body consisting of the Chief of Police and representatives of the Planning and Building Services Fire _and_ _Code Enforcement. Departments _ In reviewing_ and scoring Permit applications, the rating body, City Council, or subcommittee thereof shall consider those criteria to be adopted by separate Resolution of the Council. E. The Chief of Police shall cause the applicants and the owners of property located within seven -hundred -and -fifty -feet (750') of every proposed Collective location to be sent notice of the date, time, and place of the hearing(s) at least ten (10) business days in advance of the opening of such hearing(s). F. The Chief of Police or City Council/Subcommittee shall open the public hearing(s) at the date, time, and place specified in the notice, but may continue the hearing(s), and may change the place of any or all hearing(s), as necessary to accommodate all interested parties. G. The Chief of Police or City Council/Subcommittee shall issue a written report of the decision 3 327 on all Permit applications not later than fifteen (15) business days after the hearing or series of hearings is closed. The report shall be in writing and shall include findings of fact, a summary of the relevant evidence, a statement of the issues, and a decision regarding whether each applicant is eligible to receive a Permit, The report will also include any conditions to be imposed on a Permit in addition to the conditions established in Section 7.102.060 and the facts supporting imposition of those conditions. A copy of the report shall be mailed or delivered to every applicant, and to any person who has requested notice of the decision and has paid the required fees for copying and mailing. SECTION 4. Richmond Municipal Code Section 7.102.055 (Appeals from decisions to grant or deny a Permit) is hereby added to read as follows: A. If the decision on one or more Permit applications is made by the City Council or a subcommittee thereof, the decision is fmal. B if the decision on one or more Permit applications is made by a rating body empanelled by the Chief of Police, it may be appealed to the Public Safety/Public Services Committee within fourteen (14) days from the date the written notice of Permit decision was mailed or delivered by personal service. The request for appeal shall be in writing, shall set forth the specific ground(s) on which it is based and shall be submitted to the Chief of Police along with an appeal deposit in an amount determined by the City Council by resolution. C. The Public Safety/Public Services Committee shall conduct a hearing on all appeals at its next regularly scheduled meeting after the close of the appeal period, except where good cause exists to extend this period. Notice of the hearing shall be given in accordance with Section 7.102.050(E) The hearing and rules of evidence shall be conducted pursuant to Chapter 2.62.105 of this Code. The determination of the Public Safety/Public Services Committee on the appeal(s) shall be final. D. No Permits shall be issued prior to the expiration of the appeals period without the filing of an appeal or, in the event of one or more appeals, the final decision of the Public Safety/Services Committee on all appeals. SECTION 5. Richmond Municipal Code Section 7.102.060 (Permit approval and operating conditions) is hereby amended to read as follows: Any permit issued pursuant to this chapter shall include, and each permittee shall continually comply with, all of the following conditions of operation, provided that additional conditions may be imposed as necessary to preserve the public health, safety, and welfare. A. The Property satisfies all locational and zoning criteria. B. Exterior building and parking area lighting at the Property are in compliance with all applicable provisions of this Code, as determined by the Planning Division. C. Windows and roof hatches at the Property shall be secured so as to prevent unauthorized entry; equipped with latches that may be released quickly from the inside to allow exit in the event of emergency; and comply with all applicable Building and Fire Code provisions. D. The Property provides a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the Property is not detected outside the Property, anywhere on adjacent property or public rights -of -way, or within any other unit located within the same building as the Medical Marijuana Collective. E. The Property is monitored at all times by closed-circuit television for security purposes. The camera and recording system must be of adequate quality, color rendition and resolution to allow the ready identification of an individual on or adjacent to the Property_ The recordings shall be maintained at the Property for a period of not less than thirty (30) days. F. The Property has a centrally -monitored fire and burglar alarm system. G. A sign is posted in a conspicuous location inside the Property advising: 1. The diversion of marijuana for non -medical purposes is a violation of State law. 2. The use of marijuana may impair a person's ability to drive a motor vehicle or operate heavy machinery. 3. Loitering at the location of a Medical Marijuana Collective for an illegal purpose is prohibited by California Penal Code Section 647(h). 4. This Medical Marijuana Collective is permitted in accordance with the laws of the City of 4 328 Richmond. H. F,ach Collective distributing Edible Medical Marijuana or other manufactured infused products for the sole consumption by Qualified Patient members and Qualified Patient Management Members of the Collective shall ensure that the products are manufactured, packaged and labeled in compliance with all applicable state and local laws. I. The Medical Marijuana Collective meets all applicable state and local laws to ensure that the operations of the Collective are consistent with the protection of the health, safety and welfare of the community, Qualified Patients and their Primary Caregivers, and will not adversely affect surrounding uses. J. No Collective shall operate for profit. Cash and in -kind contributions, reimbursements, and reasonable compensation provided by Management Members and members towards the Collective's actual expenses of the growth, cultivation, and provision of Medical Marijuana shall be allowed provided that they are in strict compliance with State Law. All such cash and in -kind amounts and items shall be fully documented. The site of cultivation for all in -kind contributions shall be noted and addresses shall be made available to Fire and Building inspectors upon request. K. Prior to distributing any crop, batch or bundle of Medical Marijuana that it cultivates or acquires for distribution or any Edible Medical Marijuana or other manufactured infused products, a Collective shall submit samples of that crop, batch or bundle to an independent laboratory to be tested using standard analytical methodology for the presence of mold, pesticides, and other additives or adulterants that could be harmful if ingested or applied topically. The Medical Marijuana or manufactured infused product shall not be distributed or consumed before laboratory results demonstrate that it is safe for consumption. L. Prior to hiring any prospective employee or Management Member, the Richmond Police Department shall prepare a summary criminal history ("LiveScan") demonstrating that there are no pending charges nor convictions for crimes of moral turpitude (such as theft, fraud, or assault) within the previous ten years, and that the subject is not currently on parole or probation for the sale or distribution of a controlled substance. SECTION 6. Richmond Municipal Code Section 7.102.080 (Maintenance of records), Subparagraphs A.10 and B, are hereby amended to read as follows: 10. Evidence of (a) verification that all Edible Medical Marijuana and other manufactured infused products are manufactured, packaged, and labeled in compliance with all applicable state and local laws, and (b) laboratory testing as required by Section 7.102.060. B. These records shall be maintained by the Medical Marijuana Collective for a period of five (5) years and shall be made available by the Collective to the City upon request, subject to the authority set forth in Section 7.102.090. SECTION 7. Richmond Municipal Code Section 7.102.100 (Existing Medical Marijuana operations) is hereby amended to wad as follows: Any existing Medical Marijuana Collective, dispensary, operator, establishment, or provider that does not comply with the requirements of this Chapter must immediately cease operation until such time, if any, when it complies fully with the requirements of this Chapter. No Medical Marijuana Collective, dispensary, operator, establishment, or provider that existed prior to the enactment of this Chapter shall be deemed to be a legally established use or a legal non- conforming use under the provisions of this Chapter or the Code. Any medical marijuana collective, dispensary, operator, establishment or provider that operates without a Permit after December 31, 20110-shall-be ineliigibieto.apply for aPermit. SECTION 8. Richmond Municipal Code Section 7.102.120 (Violation and enforcement), Subparagraph B, is hereby amended to read as follows: B. Any person who engages in any Medical Marijuana Collective operations after a Medical Marijuana Collective Permit application has been denied, or a Medical Marijuana Collective Permit has been suspended or revoked, and before a new permit is issued, shall be subject to civil prosecution and Ernes of up to one thousand dollars ($1,000) per day for each day of unpermitted operation. 5 329 SECTION 9. Richmond Municipal Code Section 7.102.130 (Appeals process), is hereby amended to read as follows: 7.102.130 Appeals from revocation or suspension decisions. A. If a City department determines that the permittee failed to comply with any provision of this Chapter, or with any other provision or requirement of law, the Chief of Police shall revoke or suspend the Medical Marijuana Collective Permit. B. The Chief of Police shall notify the permittee of the permit revocation or suspension by dated written notice. Said notice shall advise the permittee of the right to appeal the decision to the Public Safety/Public Services Committee within fourteen (14) days from the date the notice. The request for appeal shall be in writing, shall set forth the specific ground(s) on which it is based and shall be submitted to the Chief of Police. C. The appeal shall be considered by the Public Safety/Public Services Committee in accordance with Section 7.102.055(C). The decision of the Public Safety/Public Services Committee shall be final. D. Whenever a Medical Marijuana Collective Permit has been revoked or suspended, no permit application by any of the Managing Members of that Collective shall be considered for a period of three (3) years from either the date notice of the revocation or suspension was mailed, or the date of the final decision of the Public Safety/Public Services Committee, whichever is later. SECTION 10. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid, such a decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance irrespective of the unconstitutionality or invalidity of any section, subsection, subdivision, paragraph, sentence, clause or phrase. SECTION 11. Effective Date. This Ordinance becomes effective thirty (30) days following its passage and adoption. 6 330 First reading at a regular meeting of the Council of the City of Richmond held October 19, 20%0 and finally passed and adopted at a joint meeting thereof held November 16, 2010 by the following vote: AYES: Councilmembers Bates, Butt, Lopez, Rogers, Viramontcs,Vicc Mayor Ritterman, and Mayor McLaughlin NOES: None. ABSTENTIONS: None. ABSENT: None. Approved: DAYLE MCLAUGHLIN Mayor Approved as to form: RANDY RIDDLE City Attorney State of Califomia County of Contra Costa City of Richmond } } : ss. DIANE HOLMES C1eik of the City of Richmond (SEAL) I certify that the foregoing is a true copy of Ordinance No. 31-10, finally passed and adopted by the City Council of the City of Richmond at a joint meeting held on November 16, 2010. 7 331 ORDINANCE 02010 12 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NAPA, STATE OF CALIFORNIA, AMENDING THE NAPA MUNICIPAL CODE BY ADDING A NEW SECTION • 17.52.275, AMENDING SECTIONS 17.10.020, 17.12.020, AND 17.14.020, AND REPEALING CHAPTER 5.82, ALL RELATED TO PERMITTING AND REGULATING OPERATION OF MEDICAL MARIJUANA DISPENSARIES AND ASSOCIATED CULTIVATION FACILITIES WHEREAS, in 1996, California voters enacted the Compassionate Use Act (the Act") of 1996, which, as codified in California Health and Safety Code Section 11362.5, decriminalizes the possession and cultivation of medical marijuana for limited personal medical purposes; and WHEREAS, in 2004, the California legislature enacted Senate Bill 420, the Medical Marijuana Program, which, as codified in California Health and Safety Code Section 11362.7 et seq, clarifies the scope of the Act and sets forth the allowable scope of the use of marijuana for medical purposes; and WHEREAS, the Act and the Medical Marijuana Program contemplate a clinical relationship between qualified patients (or persons with identification cards issued by Department of Health) and their primary caregivers, under which qualified patients (upon the reoommendafion of a physician) and primary caregivers may possess or cultivate marijuana for specified medical purposes; and WHEREAS, State law provides a. narrow defense to criminal statutes otherwise criminalizing the possession and cultivation of marijuana for designated primary caregivers and qualified patients and persons with identification cards who associate (collectively or cooperatively) in order to cultivate marijuana for medical purposes; and WHEREAS, the City Council takes legislative notice that, based upon materials presented to the City Council during public hearings during the legislative process leading to the adoption of this ordinance, several California cities and Counties have experienced serious adverse public safety impacts associated with unregulated medical marijuana dispensaries, or an overconcentration of medical marijuana dispensaries within a single jurisdiction: These impacts include, but are not limited to: increased criminal activity, burglary, loitering, armed robbery, diversion- of marijuana for non -medical -or recreational purposes, increased incidence of driving under the influence of marijuana and alcohol in the areas surrounding such facilities, adverse traffic impacts, increased sale of recreational marijuana in the areas surrounding such facilities, increase in unreported crime to avoid negative publicity for the facilities, sales of other illegal substances from the facilities, noise and nuisance impacts, and related adverse impacts on surrounding businesses; and 0201012 Pagel 0122 332 WHEREAS, the City Council takes legislative notice of a California police Chiefs Association compilation of police reports, news stories and statistical research regarding such secondary impacts, contained - at httpJ/www.californiaaoiicechief.oro/navflleslmedicalmariivana.html ; and WHEREAS, in August of 2008, the California Attorney General's office, under direct authority of the Medical Marijuana Program, Issued a set of guidelines to ensure the security and non -diversion of marijuana grown for medical use; and WHEREAS, the City Council hereby finds that there exists ample evidence, in the record and in the experiences of other California jurisdictions that have not regulated medical marijuana dispensaries, or that have an overconcentration of such facilities, that such lack of adequate regulation or overconcentration of such facilities within a community pose a direct threat to the public health, safety and welfare; and WHEREAS, the .City has conducted a broad and inclusive public process, including workshops and hearings open to the public regarding the issue of regulating medical marijuana dispensaries and cultivation (including community workshops, a Planning Commission hearing, and City Council hearings, on: August 18, 2009, September 1, 2009, September 15, 2009, December 9, 2009, February 9, 2010, March 16, 2010, April 15, 2010, and June 1, 2010), and has heard public testimony, and adopted a framework of five policy principles to guide the regulation of medical marijuana dispensaries and associated cultivation facilities, which principles include the regulation of the physical aspects of dispensaries, limitations on number and size, separation and appearance standards, establishing a process for review of applications, setting forth regulations for cultivation and supply of medical marijuana to dispensaries, the establishment of regulations regarding residential medical marijuana cultivation by qualified individuals, -the establishment of a framework for enforcement of permits, and the monitoring of issues related to dispensaries and associated cultivation facilities; and WHEREAS, under Article Xl, section 7 of the California Constitution; California Cities are authorized to make and enforce within their limits all local, police, sanitary and other ordinances and regulations not in conflict with general laws; and WHEREAS, an ordinance regulating medical marijuana dispensaries and associated cultivation facilities, limiting the total potential number of permitted dispensaries in the City to two, and establishing regulations regarding residential medical marijuana cultivation by qualified individuals is thus necessary and appropriate to maintain- and- protect the public health, safety and welfare of the citizens of the City of Napa; and WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council identified herein, including any supporting reports by City Staff, and any information provided during public meetings. NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Napa as 0201012 Page 20122 333 follows: SECTION 1: Napa Municipal Code Chapter 5.82 repealed. Chapter 5.82 of Title 5 of the Napa Municipal Code, "Medical Marijuana Dispensaries Prohibited," is hereby repealed in its entirety. SECTION 2: Land Use Regulations amended. •Section 17.10.020 of Chapter 17.10 of Title 17 of the Napa Municipal Code is hereby amended to add a new use, "Medical Marijuana Dispensaries" in the appropriate alphabetical location to the uses listed under Subsection C (2), "Medical Services (medical, dental, health -related services, accessory sales)" within Subsection C of the Land Use Regulations table in Section 17.10.020, "Offices and Related Uses," to read as follows [Note: none of the other subsections of the Land Use Regulations table in Section 17.10.020 are amended by this Ordinance] AMENDING NAPA MUNICIPAL CODE SECTION 17.10.020 Zoning Districts C L C T C C C D CDP Gnd LvI CDP Upper 8asmt Added Use Regulations C. Offices and Related Uses 2. Medical services (medical, dental and health -related, with accessary sales) Medical Marijuana Dispensaries C 5ubiect to Section 17.52.275 SECTION 3: Land use regulations amended. Section 17.12.020 of Chapter 17.12 of Title 17 of. the Napa Municipal Code is hereby amended to add a new use, "Medical Marijuana Dispensaries)! In the appropriate alphabetical location to the uses listed under Subsection A (2), "Medical Services (medical, dental, health -related services, accessory sales)" within Section A of the Land Use Regulations table in Section 17.12.020, "Offices and Related Uses," to read as follows [Note: none of the other subsections of the Land Use Regulations table in Section 17.12.020 are amended by this Ordinance] AMENDING NAPA MUNICIPAL CODE SECTION 17.12.020 D C 0 M Added Use Regulations 2. Medical services (medical, dental and health -related, with accessory sales) Medical Marijuana Dispensaries Subiect to Section 17.52.275 02010 12 Page 3 of 22 334 SECTION 4: Ladd use regulations amended. Section 17.14.020 of Chapter 17.14 of Title 17 of the Napa Municipal Code is hereby amended to: (1) add si new use, "Aggregated cultivation of medical marijuana in conjunction with a Medical Marijuana Dispensary Use Permit," in the appropriate alphabetical location to the uses listed under Subsection A, "Industrial Uses" within the Land Use Regulations table in Section 17,14.020; and (2) to add a_ new use under a new Subsection 17.14.020 C (2), "Medical Services (medical, dental, health -related services, accessory sales)" listing "Medical Marijuana Dispensaries" as a use within the table to read as follows [Note: none of the other subsections of the Land Use Regulations table in Section 17.14.020 are amended by this Ordinance] AMENDING NAPA MUNICIPAL CODE SECTION 17.14. 2O Zoning Districts IL IP-A IP-B IP-C Added Use Regulation A. Industrial Uses AeereEated cultivation Qf medical C C Subiect to marijuana in conlunction with a Medical Section 17.52.275 Marijuana Dispensary Use Permit C. offices and Related Uses 2. Medical services (medical, dental and health•related, with accessory sales) . Medical Mariivana Dispensaries C Subject to atction 17.52.275 'with particular reference to subsection D.(211 . SECTION 5; New Season 17.52.275 added to Chapter 17.52. A new Section 17.52.275 is hereby added to Chapter 17.52 of Title 17 of the Napa Municipal Code to read as follows: 17.52.275 Medical Marijuana Dispensaries and Cultivation. A. Purpose, Scope, and Findings 1. The City Council finds that, In the absence of the regulations set forth in this Section, the adverse impacts directly associated with the cultivation, sale, and distribution of Medical Marijuana, as defined herein, pose a substantial threat to the public health, safety and welfare of residents artd businesses within the City. The City Council also. finds that it is in the public interest to permit a limited number (not to exceed two) of Medical Marijuana Dispensaries with accessory aggregated cultivation to provide access to Medical Marijuana for the residents of the City of Napa, provided that 02010 12 Page 4 of 22 335 any Medical .Marijuana Dispensary and any Aggregated Cultivation of Medical Marijuana is in full compliance with this Section. 2. This Section is not intended to, and does not, authorize the violation of State or Federal law. 3. It is the purpose of this Section to provide for a limited number of Medical Marijuana Dispensaries with accessory Aggregated Cultivation Facilities, with regulations as to their location, physical dimensions, appearance, and operations; and to provide for regulated cultivation of Medical Marijuana in residential uses. 4. Notwithstanding the general references in this Section to Chapter 1.16 of this Code, and notwithstanding the general provisions of Chapter 1.20 of this Code, this Section is not intended to, and does not, establish any criminal liability for a violation of this Section. A violation of this Section shall be subject to all other enforcement methods identified in Chapter 1.16 of this Code. 5. This Section is not intended to, and does not, authorize the sale or distribution of marijuana (as defined by and used in California Health and Safety Code Division 10, Chapter 6, including Sections 11358 and 11360) for any non -medical purposes. It is a violation of this Code, subject to enforcement pursuant to Chapter 1.16 of this Code, for any person to establish, operate, or own any parcel or location (whether fixed or mobile) where there occurs any sale, distribution, or any other means of providing marijuana for any non -medical purpose. For the purpose of this Section, a "non -medical purpose" shall mean any sale or distribution of marijuana that is not subject to the protections of the Medical Marijuana Laws. B. Definitions "Aggregated Cultivation Facility" shall mean any parcel or location, whether fixed or mobile, where Aggregated Cultivation of Medical Marijuana occurs. "Aggregated Cultivation of Medical Marijuana'° shall mean the collective or cooperative cultivation or storing of Medical Marijuana, pursuant to Medical Marijuana Laws. (See California Health and Safety Code Section 11362,775.) "Director" means the Community Development Director, or a designee of the Community Development Director or City Manager. "Identification Card" shall have the meaning given that term by the Medical Marijuana Laws. (See California Health and Safety Code Section 11362.7.) "Medical Marijuana" is marijuana possessed, ,distributed, or cultivated for medical purposes, in full compliance with Medical Marijuana Laws. 0201012 Page5of22 336 "Medical Marijuana Dispensary" means any parcel or location, whether fixed or mobile, where either: (I) a Primary Caregiver cultivates; makes available, sells, transmits, gives, distributes, or otherwise provides Medical Marijuana to two or more Qualified Patients: or (ii) two or more Qualified Patients and/or Primary Caregivers meet or congregate collectively or cooperatively to cultivate, make available, sell, transmit, give, distribute, or otherwise provide Medical Marijuana under the purported authority of Medical Marijuana Laws. A "Medical Marijuana Dispensary' shall not include any of the following uses, so long as such uses otherwise comply fully with this Code, Medical Marijuana Laws, and other applicable law: 1. A Clinic licensed pursuant to Chapter 1 of Division 2 of the California Health and Safety Code. 2. A health care facility licensed pursuant to Chapter 2 of Division 2 of the California 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 California Health and Safety Code. 4. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Califomia Health and Safety Code. 5. A hospice or home health agency, licensed pursuant to Chapter 8 of Division 2 of the California Health and Safely Code. "Medical Marijuana Laws" shall mean Califomia Health and Safety Code Section 11362.5 (the "Compassionate Use Act of 1996"), and the laws and regulations of the State of California adopted in furtherance thereof, including California Health and Safety Code Sections 11362.7, et seq. (the "Medical Marijuana. Program Act"), and guidelines adopted by the Attomey General pursuant to California Health and Safety Code Subsection 11362.81(d). "Person with an Identification Card" shall have the meaning given that term by the Medical Marijuana Laws. (See California Health and Safety Code Section 11362.7.) Preferred Applicant' shall mean the person or entity qualified, through a selection process, to file a use permit application for a Medical Marijuana Dispensary. "Primary Caregiver" shall have the meaning given that term by the Medical Marijuana Laws. (See California Health and Safety Code Section 11362.7.) "Qualified Patient" shall mean a person who is entitled to the protections of California Health and Safety Code Section 11362.5, whether or not that person has an Identification Card. Thus, for the purpose of this Section, the term "Qualified Patient" shall encompass both the definition of "Qualified Patient" and the definition of "Person 0201012 Page B ad 22 337 with an Identification Card" (as those terms are used in the Medical Marijuana Laws). (See California Health and Safety Code Section 11362.7.) "Youth Population Uses" shall mean any elementary or secondary school (whether public or private), and public parks owned and/or maintained by the City of Napa. C. Permit for Medical Marijuana Dispensary and Cultivation 1. It is a violation of this Code, subject to enforcement pursuant to Chapter 1.16 of this Code, for any person to establish, operate, or own a Medical Marijuana Dispensary or an Aggregated Cultivation Facility within the City of Napa, except to the extent established, operated, and owned in accordance with a Medical Marijuana Dispensary Use Permit issued pursuant to this Section and in conformance with other applicable provisions of this Title. 2. It is a violation of this Code, subject to enforcement pursuant to Chapter 1.16 of this Code, for any person to cultivate medical marijuana unless either: (a) it is conducted at a Medical Marijuana Dispensary or Aggregated Cultivation Facility permitted in accordance with this Section; or (b) it is conducted at the residence of a Qualified Patient for the sole purpose of the personal medical purposes of the resident, in accordance with this Section. A Primary Caregiver shall only cultivate Medical Marijuana at the residence of a Qualified Patient for whom he/she is the Primary Caregiver. Cultivation of Medical Marijuana for personal medical purposes of the resident shall be conducted in conformance with all of the following standards for each residence: a. The space within any residence in which Medical Marijuana is cultivated shall not exceed a contiguous space of 25 square feet, and ten feet in height, and inclusive of all plant containers, canopies, and specialized equipment. The medical marijuana cultivation area shall be located in one contiguous area of the residence; b. Medical Marijuana cultivation lighting shall not exceed 1200 watts; c. The use of manufactured gas products (CO2, butane, etc.) for Medical Marijuana cultivation or processing is prohibited; d. Medical Marijuana cultivation for purposes not authorized by the Medical Marijuana Laws is prohibited; • e. From a public right of way, there shall be no visual evidence of Medical Marijuana cultivation either within or outside the residence; f. The Qualified Patient shall reside in the residence where the Medical Marijuana cultivation_.occurs;. _ - g, No Qualified Patient shall provide Medical Marijuana to any collective or cooperative within the City of Napa, unless it is done In compliance with a Medical Marijuana Dispensary use permit issued pursuant to this Section; . h. The residence shall maintain kitchen, bathrooms, and primary bedrooms for their intended use, and shall not use those areas for Medical Marijuana cultivation; 0201 012 Page 7 of 22 338 i. Any indoor Medical Marijuana cultivation space shall be in compliance with Title 15 of this Code, including but not limited to provisions regarding natural ventilation and mechanical ventilation (or equivalent(s)); and j. Adverse impacts of Medical Marijuana cultivation shall be mitigated so that a °public nuisance" (as defined by California Civil Code Section 3480) does not exist, including but not limited to adverse impacts of dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or the use or storage of hazardous materials, processes, products or wastes. k. Any Qualified Patient or Primary Caregiver who asserts that the personal medical purposes of a Qualified Patient. require Medical Marijuana cuftiv::.tion that exceeds the requirements of this Section may submit a request to the Director for a modification of these requirements to permit an expanded Medical Marijuana cultivation area. The applicant shall bear the burden of providing adequate documentation, to the satisfaction of the Director, of the need for an expanded Medical Marijuana cultivation area. The required documentation may Include information such as a physician's recommendation, a verification that more than one Qualified Patient is living in the residence, and technical analysis regarding limitations on the Medical Marijuana that may be cultivated in the available space, to show why compliance with the cultivation area standard is not feasible. The Director shall review the submitted documentation and make a determination to approve, conditionally approve, or deny a use permit for the request, subject to compliance with all of the following: (1) The expanded Medical Marijuana cultivation space (inclusive of all plant containers, canopies, and specialized equipment) shall not exceed the space necessary to serve the personal medical purposes of the resident Qualified Patient, and It shall be a contiguous space in the residence of the Qualified Patient. (2) At a minimum, the expanded Medical Marijuana cultivation space shall be constructed with a 1 -hour flrewall assembly of green board. The Building Official may require additional specific standards to meet the California Building Code and Fire Code, including but not limited to installation of file suppression sprinklers. (3) The expanded Medical Marijuana cultivation space shall be located in a detached single family residence, or in a garage or self -container) • outside accessory building that is secured, locked, and fully enclosed. D. Zone and Separation Standards 1. Zones. Medical Marijuana Dispensary Use Permits may be permitted as a conditional. use on properties Within the zones so indicated in -Sectloie _1710.020, 17.12.020 and 17.14.020 of this Title. 2. Conditions Applicable to Medical MariLuana Diaoen Use in the IL Zone. In addition to all other applicable criteria and requirements contained in this Chapter and in Chapter 17.14, all of the following additional provisions shall be applied to Medical Marijuana Dispensaries proposed and permitted within the !L zone: 02010 12 Page 8 of 22 339 a. The Medical Marijuana Dispensary sriall be operated adjacent to, but separately from, the accessory Aggregated Cultivation Facility. • b. There shall be no direct internal access from the Medical Marijuana Dispensary to the Aggregated Cultivation Facility that is open to the public or members (who are customers) of the Medical Marijuana Dispensary. Any access to the Aggregated Cultivation Facility shall be limited to employees and contractors of the permittee for the purpose of operation in accordance with the permit and this Chapter. c. The Aggregated Cultivation Facility and the Medical Marijuana Dispensary shall have separate entry doors. d. The Medical Marijuana Dispensary shall have access to off street parking in compliance with NMC Chapter 17.54, on site and adjacent to the public entry door, provided at a rate equal to one space for each 250 square feet of floor space. e, The public entry door to the Medical Marijuana Dispensary must be visible from, and within 200 feet of, a public street right-of-way. f. The area within 50 feet of the public entry door of the Medical Marijuana Dispensary shall be illuminated, to a minimum level of two (2) candle foot, during the time between dusk and the permitted closing time of the Medical Marijuana Dispensary, with such lighting subject to shielding as set forth in NMC Section 17.14.040. L. 3. Separation. The zoning of a property notwithstanding, Medical Marijuana Dispensaries shall also be subject to the following separation standards: a. A Medical Marijuana Dispensary shall not be located Tess than 1000 feet from any other Medical Marijuana Dispensary. For the purposes of measuring the separation to between Medical Marijuana Dispensaries, the distance of separation shall be measured from the exterior walls of the building containing the first medical Marijuana Dispensary to the exterior wall of the building containing the second Medical Marijuana Dispensary. b. A Medical. Marijuana Dispensary shall not be located less than 500 feet from any youth population use. For the purpose of measuring the operation between Medical Marijuana Dispensaries and Youth Population Uses, the distance of separation shall be measured from the exterior walls of the building containing the Medical Marijuana Dispensary premises to the property line of the property occupied by the youth population use. c, The foregoing separation standards may be reduced only to the extent that the City Council finds, based on substantial evidence, that an intervening permanent feature in the landscape (such as a creek or a highway) provides an impenetrable- barrier to -pedestrian -access between the uses, so that the separation of the uses is functionally equivalent to the requirements of this Section. E. City Council as the Authority to issue Medical Marijuana Dispensary Use Permits Notwithstanding Section 17.60.020 .of this Title, the City Council shall approve, conditionally approve, or deny any application for a Medical Marijuana Dispensary Use 02010 12 Page 9 of 22 340 Permit pursuant to this Section, based on an advisory recommendation from the Planning Commission. F. Maximum Number of Medical Marijuana Dispensaries For each competitive application process for a use permit under this Section, the City Council shall issue no more than one Medical Marijuana Dispensary use permit. Following the date of issuance of the first use permit under this Section, the City shall not commence the competitive application process for a second Medical Marijuana Dispensary use permit for 365 days. Notwithstanding the limitations of this Subsection (F), upon the revocation of a permit (pursuant to Subsection 17.52.275(P), the Director is authorized to issue a notice to commence a Competitive application process for a replacement permit (pursuant to Subsection 17.52.275(1)). Following the issuance of the first use permit under this Section, the City shall not commence the competitive application process for any subsequent Medical Marijuana Dispensary use permit unless the City Council finds, by resolution, that the issuance of a Medical Marijuana Dispensary use permit to a subsequent permittee is necessary to adequately serve the needs of the residents of the City of Napa. At no time shall there be more than two validly -permitted Medical Marijuana Dispensaries within the City of Napa. Nothing in the foregoing shall obligate the approval of any application by the City. G. Aggregated Cultivation Facilities Accessory to a Medical Marijuana Dispensary Each permittee of a permitted Medical Marijuana Dispensary may establish and operate an Aggregated Cultivation Facility, subject to the requirements of this Section. The Aggregated Cultivation Facility shall be subject to the following additional requirements. 1. Application for an Aggregated Cultivation Facility, if sought, shall be made concurrently with, and accessory to, the application for a Medical Marijuana Dispensary Use permit, or as a subsequent amendment to an approved Medical Marijuana Dispensary Use permit. The applicant for an Aggregated Cultivation Facility shall be the same entity as the permittee for the Medical Marijuana Dispensary Use permit The application for the Aggregated Cultivation Facility shall include all information required for the primary use subject to the Medical Marijuana Dispensary Use permit (See Subsections 17.52.275 (J) through (L)). 2. An Aggregated Cultivation Facility may be permitted as a conditional use on properties within the industrial zones so indicated in Section 17.14.020 of this Title. 3. The Aggregated Cultivation Facility shall be subject to all requirements of this Section, including those related to physical security, maintenance of records, employee training, mitigating adverse impacts on neighbors, and the responsibility of the operator for nuisance (See Subsection 17.52.275 (0)). All cultivation activities of an 0201012 Page 10 of 22 341 Aggregated Cultivation Facility shall be conducted indoors. From a public right of way, there shall be no visual evidence of Medical Marijuana cultivation either within or outside the facility, except to the extent that signage is authorized pursuant to the use permit. Adverse impacts of Medical Marijuana cultivation shall be mitigated so that a "public nuisance" (as defined by California Civil Code Section 3480) does not exist, including but not limited to adverse impacts of dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or the use or storage of hazardous materials, processes, products or wastes. 4. The Aggregated Cultivation Facility shall be operated for the sole purpose of providing Medical Marijuana to the primary use subject to the Medical Marijuana Dispensary Use Permit. Medical Marijuana cultivation for purposes not authorized by the Medical Marijuana Laws is prohibited. No commercial activity shall occur at the Aggregated Cultivation Facility. H. Membership Limits for Medical Marijuana Dispensaries No Medical Marijuana Dispensary use, as permitted in accordance with this Section, shall have a membership of cooperative members exceeding ten percent (10%) of the population of the City of Napa as established by the most recent final United States census. Provided, however, as a part of the annual review of a Medical Marijuana Dispensary Use Permit (pursuant to Subsection 17.52.275(0)(16), the City Council, by resolution, may increase in the maximum membership limitation of this paragraph if it finds that the increase is necessary to adequately serve the needs of the residents of the City of Napa. 1. Notice of Commencing Competitive Application Process Any person who desires to be considered as an applicant for a Medical Marijuana Dispensary use permit under this Section may submit contact information to the Director. The Director shall maintain the contact information of each such person, on a list of potential applicants, for two years thereafter. For each competitive application process authorized pursuant to Subsection (F), above, the Director shall provide at least sixty days prior notice for the submittal of applications. The notice shall be provided to the general public and to each individual on the maintained list of potential applicants. The notice shall identify the deadline date on which applications are required to be submitted to the Director, and the location where potentiarappTicarlts may obtain additional information regarding the selection criteria and process. J. Screening Application for Competitive Selection of Preferred Applicant 1. Any person seeking a Medical Marijuana Dispensary use permit under this Section shall submit a screening application to the Director no later than the deadline set forth in the notice of commencing competitive application process (issued pursuant 0201012 Page 11 of 22 342 to Subsection (I), above). In the event that the Director determines that a screening application is Incomplete or fails to provide the information and documentation required by this Section, the Director shall notify the applicant in writing, and the applicant shall have an additional 30 days (or longer as authorized by the Director) in which to submit needed supplemental information or documentation as specified by the Director. If an application is incomplete after the Director provides an opportunity to submit needed suppiemental information or documentation, the Director is authorized to reject the application as incomplete. 2. Each applicant shall submit the following information (for the primary Medical Marijuana Dispensary, and any requested accessory Aggregated Cultivation Facility) in the screening application, in a form acceptable to the Director: a. The name, address, telephone number and chief executive of the applicant (the cooperative or collective organization to which the permit is to be Issued). b. The name, address and telephone number of the authorized agent for the applicant. c. Documentation of the legal entity and organizational structure of the applicant organization, demonstrating that it is a collective or cooperative operating in conformance with -the requirements of the Medical Marijuana Laws. • d. Documentation of the experience and background of principals and management staff of the applicant, subject to verification by background check to be conducted by the Director. Such documentation shall include: licensing records for any collective or cooperative for which the person is or has been a principal or manager in any other location. (1) No applicant shall be selected nor shall an application be approved if a principal or manager shall have been convicted of: Any offense related to possession, manufacture, sales, or distribution of controlled substance, with the exception of marijuana related offenses; or ▪ Any offense involving the use of force or violence upon the person of another. (2) The Director may also consider (as indications of the qualifications of the applicant) but shall not necessarily be obligated to deny an application if a principal or manager shall have been convicted of any other criminal offense, including but not limited to: • Any offence involving theft, fraud, dishonesty or deceit; and, A Any offense related to possession, manufacture, sales, or distribution of marijuana -related offenses. - (3) For the purpose of this Subsection (J)(2)(d), a conviction includes a plea or verdict of guilty or a conviction following a plea of nolo contendre. e. Proposed plan of operation for the prospective Medical Marijuana Dispensary to demonstrate compliance with the requirements of the Medical Marijuana Laws and this Section. This shall include, but not be limited to an indication of: (1) the manner of maintaining an adequate (and not surplus) of supply, including any intent to operate an Aggregated Cultivation Facility, methods of documenting source of supply, 0201012 Page 12of22 343 and methods of precluding supply from illegal "grow houses" in residential zones; (2) limitations that will be imposed on off -site deliveries of Medical Marijuana; (3) methods of focusing the services to residents of Napa; (4) methods of mitigating adverse impacts on neighbors; (5) methods of ensuring compliance with the security plan; and (6) methods of ensuring adequate record -keeping systems and providing regular reports to the City. f. Demonstration of a record -keeping system for operational records which will include continuing maintenance of membership records to document collective or cooperative organizational structure (including the ability to sort members into those who cultivate medical marijuana, those who are persons with an Identification Card, those who are qualified patients and those who are primary caregivers), and include documentation that the organization will operate on a not for profit basis. g. Demonstration of a record -keeping system for medical records which will allow for continuing maintenance of such records, including procedures to protect patient privacy, document physician recommendations, and primary caregiver and qualified patient status. h. Demonstration of screening and training procedures for employees and volunteers, including maintenance of records, demonstrating the means of confirming identification, qualifications, and conducting criminal background checks for employees and volunteers. i. A security plan proposal, indicating the methods and measures which would be taken to protect the premises, employees, clients, immediate neighbors, the medical marijuana product, and records files. The security plan shall include the methods and measures for handling and banking cash. j. A statement of any intention to provide consumable products other than raw harvested Medical Marijuana, including edibles, lozenges, other such product preparations, and a demonstration of the means of achieving appropriate health and safety approvals. A statement of the system for providing for necessary consumer safety packaging and labeling for consumable products as well as the raw harvested Medical Marijuana. k. Acknowledgment by signature that the chief executive and authorized agent have read all regulations pertaining to the operation of a Medical Marijuana Dispensary and any associated Aggregated Cultivation Facility, including the Medical Marijuana Laws, this Section, the City's Business License Regulations as contained in this Code, and any additional administrative regulations promulgated by the Director in furtherance of the objectives of this Section. I. Certification of the accuracy of the information submitted, and agreement to comply with all requirements of the Medical Marijuana Laws, this Section, and the conditions of the use permit. m. Agreement to hold harmless, indemnify and defend the City against claims and litigation arising from the issuance of the Medical Marijuana Dispensary use permit, including any claims and litigation arising from the establishment, operation, or ownership of the Medical Marijuana Dispensary or Aggregated Cultivation Facility. n. Agreement that any and all use of the property for Medical Marijuana Dispensary and any Aggregated Cultivation Facility purposes shall be non -transferable 0201012 Page 13 of 22 344 and shall cease upon lapse of use of the permit, pursuant to NMC Subsection 17.52.275(0)(15). o. Such other information as the Director deems reasonably necessary to administer this Section may be required. 3. Selection Process. a. The Director is authorized to determine which applicant is the "preferred applicant" based on the demonstrated experience, training, capability, and plan to best fulfill the purposes and requirements of this Section. The Director is authorized to establish conditions of approval for the determination of the preferred applicant, and the applicant is required to comply ,with the conditions of approval as a part of the application for the Medical Marijuana Dispensary use permit. b. All timely and complete applications shall be evaluated by the Director and a team of application reviewers (City staff and consultants selected by the City Manager). The Director and the application reviewers may interview one or more of the applicants, to the extent the Director determines it would assist in the evaluation process. c. After- consideration of input from the application reviewers, the Director shall make a preliminary determination of which applicant is the preferred applicant, and the Director shall provide written notice of the preliminary determination to each applicant. d. Within ten working days of the Director's issuance of the notice of preliminary determination, any applicant shall have an opportunity to provide written comments to the Director regarding any bases upon which an applicant asserts that the preliminary determination should not be finalized by the Director. After considering any written comments provided by applicants, the Director shall make a final determination of the preferred applicant. If the Director determines that no applicant has demonstrated the experience. tralning. capability, and plan to fulfill the objectives and requirements of this Section, the Director may reject all applications, and commence a new competitive application process. • f. The preferred applicant, as determined by the Director, shall be the only entity authorized to submit an application for a Medical Marijuana Dispensary use permit. Notwithstahcdinggthe appeal provisions set forth -in Subsection f 7.52.275(P) and Chapter 17.70, the Director's determination regarding the selection of the preferred applicant shall be final and not subject to appeal. K. Application for Medical Marijuana Dispensary Use Permit The Preferred Applicant, as determined by the Director, may submit an application for a Medical Marijuana Dispensary Use Permit, which shall include all information necessary 0201012 Page 14 of 22 345 to evaluate compliance with this Section for the proposed Medical Marijuana Dispensary and any proposed Aggregated Cultivation Facility. Each application for a Medical Marijuana Dispensary Use Permit shall be made on a form provided by the Director, and shall include the following: -1. Diagrams, plans, tenant improvement plans and photographs of the intended premises sufficient to demonstrate location and intended improvements. 2. Documentation establishing that the premises meet all local building and safety code requirements. 3. A diagram of the premises showing and indicating the number and location of designated on -site parking spaces. 4. Ail documents required by Chapter 17.60 of this title. 5. All information previously submitted for the screening application, supplemented and updated for the purposes of issuing the use permit for the specified locations of the Medical Marijuana Dispensary and the Aggregated Cultivation Facility, including compliance with any conditions of approval of the preferred applicant determination. This shall specifically include documentation of adequate physical security, including: a well defined separate entrance for the Medical Marijuana Dispensary and the Aggregated Cultivation Facility, limited number of building entrances which are easily securable, main entrances that are visible from a public street, a lobby area that is physically separated from any medical marijuana supply, mitigation of any adverse impacts of potential hidings places on the site, no pay phones within the immediate vicinity of the site, use of security guards to enforce permit compliance for activities on site and in the immediate vicinity of the site, and use of surveillance cameras (and other forms of technology). For the Medical Marijuana Dispensary, the reception area shall be located at the main entrance with a view of visitor parking areas. 6. A 300 foot notification mailing label submittal as provided for in Subsection 17.68.070 (A)(3) of this Title for both the site of the proposed Medical Marijuana Dispensary and its associated aggregated cultivation facility, if any. 7. Acknowledgment by signature that the property owner, the permittee's chief executive officer, and the permittee's authorized agent have read, and will comply with, all regulations pertaining to the operation of a Medical Marijuana Dispensary and any associated Aggregated Cultivation Facility, including the Medical Marijuana Laws, this Section, the City's Business License Regulations as contained In this Code, and any additional administrative regulations promulgated by the Director in furtherance of the objectives of this Section. 8. Certification of the accuracy of the information submitted, and agreement to comply with all requirements of the Medical Marijuana Laws, this Section, and the 92010 12 Page 15 of 22 346 conditions of the permit. 9. . Agreement to hold harmless, indemnify and defend the City against claims and litigation arising from the issuance of the Medical Marijuana Dispensary use permit, Including any claims and litigation arising from the establishment, operation, or ownership of the Medical Marijuana. Dispensary or A fega±ed Cunt; s,atior; Fact 10. Acknowledgement and agreement that claims, requests, objections and arguments not timely raised in the Medical Marijuana Dispensary use permit application are and shall be deemed waived. 11. Agreement that any and .all use of the property for Medical Marijuana Dispensary and any Aggregated Cultivation Facility purposes shallbe non -transferable and shall cease upon any lapse of use of the permit, pursuant to NMC Subsection 17.52.275(0)(15). 12. Such other information as the Director deems reasonably necessary to administer this Section. L. Fees Medical Marijuana Dispensary Use Permits shall be subject to the payment of the fees established by Council resolution based, on the estimated reasonable costs incurred by the City for processing the application materials consistent with Sections 1.16.050 and 3.04.040 of this Code, as well as the estimated reasonable costs of implementing a regulatory program related to inspecting and monitoring the impacts of the permit. These shall include: 1. A competitive application processing fee, as established by Council resolution, payable by each applicant at the time of application to cover the cost of reviewing applications through the process of screening and identifying the preferred applicant. 2. A use permit processing fee, as established by Council resolution, payable by each preferred applicant at the time of application for each use permit. The processing fee may also inciude a fee to process applications for an expanded Medical Marijuana cultivation space, pursuant to Subsection 17.52.275(C)(2)(k). 3. .A premises- inspection and regulatory-- review. fee, as blished by - Council resolution, payable annually by each permittee. This fee shall include the City's costs of administration of the program, Including the costs of preparation of necessary ordinances and resolutions. M. Findings' The City Council may approve, or conditionally approve, a Medical Marijuana Dispensary Use Permit (including any accessory Aggregated Cultivation Facility) only if 0201012 Page t g of 22 .47 the City Council first makes all findings (based on substantial evidence) set forth in Section 17.60.070 of this Code as well as all of the following: 1. That the location of the Medical Marijuana Dispensary and its associated Aggregated Cultivation Facility, if applicable, complies with the zoning and use separation standards of this Section; 2. That the premises for the Medical Marijuana Dispensary and its associated Aggregated Cultivation Facility meet all of the physical requirements of this section; and, 3. That the operator of the Medical Marijuana Dispensary has demonstrated its ability and commitment to operate the facility(ies), and provide adequate security in compliance with the standards of this Section. 4. That the operator of the Medical Marijuana Dispensary has demonstrated its full compliance with the requirements of this Section, and the ability and commitment to adequately mitigate impacts that are potentially detrimental to the public health, safety, or welfare. N. Conditions of Approval and Term of Permit As a part of the approval of a Medical Marijuana Dispensary Use permit (including any accessory Aggregated Cultivation Facility), the City Council may impose such conditions in connection with the permit as it deems necessary in order to fulfill the purposes of this Section, and may require such guarantees and evidence that it deems necessary and appropriate to ensure such conditions will be complied with. O. Permits subject to ongoing restrictions All Medical Marijuana Dispensary Permits (and any accessory Aggregated Cultivation Facility) shall be subject to the following requirements and restrictions, in addition to all other applicable provisions of this Code. 1. The Medical Marijuana Dispensary and any associated Aggregated Cultivation Facility shall be the primary uses of their respective premises, and shall not be established or maintained in conjunction with other uses within the same demised tenant space and address; 2. The Medical Marijuana Dispensary and any associated Aggregated Cultivation Facility shall have direct access to a public space and shall not take access via any other business or tenancy. 3. Commercial signs pertaining to the Medical Marijuana Dispensary shall be regulated in accordance with the provisions related to professional offices, at NMC Section 15.56.080 (table headed, "The following regulations shall apply in the: MO, 02010 12 Page 17 of 22 348 MEDICAL OFFICE, CO, COMMERCIAL. OFFICE & RP-12, -25, RESIDENTIAL PROFESSIONAL" ). Any Aggregated Cultivation Facility shall have only such signs necessary for tenant identification or address purposes. 4. The operator of a Medical Marijuana Dispensary shall post in a conspicuous place near its entry, the following notices, each in a form subject to review and approval by the Director. a A notice that a complete copy of the Medical Marijuana Dispensary Use Permit is available for inspection on the premises; b. A notice indicating the uncertain status of Federal and State Law pertaining to Medical Marijuana transactions; c. A notice identifying the scope and limitations of any inspections and certifications (related to consumer product safety) of the products available on the premises; d. A notice indicating that consumption of Medical Marijuana on the premises of the Medical Marijuana Dispensary is prohibited; and, e. Any other notice required by the permit, including any annual extension thereof. 5. The hours of operation for Medical Marijuana Dispensaries ' shall commence no earlier than 7:00AM, nor shall they end later than 7:00PM. 6. Consumption of Medical Marijuana on the premises of a Medical Marijuana Dispensary or any associated Aggregated Cultivation Facility shall be prohibited. 7. A Medical Marijuana Dispensary shall provide a secured storage area on site. All Medical Marijuana products shall be stored in this area during non -business hours. The design features and maintenance of the storage area shall be subject to the review and approval of the Director. 3. The operator of a Medical Marijuana Dispensary and any associated Aggregated Cultivation Facility shall be responsible for the training of employees in the provisions of these regulations and the conditions and obligations of the Medical Marijuana Dispensary Use Permit. 9. Separate from any permit which may authorize cultivation at an Aggregated Cultivation Facility, .Medical Marijuana - Dispensaries -may conduct limited en site cultivation of Medical Marijuana juveniles as starter plants for residential cultivation as set forth in Subsection 17.52.275 (C)(2), above, subject to the following limitations: a. Each plant shall be boxed, in flats or individual nursery containers measuring no more than three inches by three inches (3" X 3") b. Cultivation must take place indoors, within the premises of the Medical Marijuana Dispensary, within a floor area not exceeding one hundred square feet. 0201012 Page 18 pq 22 349 10. Medical Marijuana Dispensaries are prohibited from selling, renting or providing group smoking apparatus, including but not limited to hookah pipes, but may sell items designed for the' smoking or ingestion of Medical Marijuana products by an individual, including such items as pipes. 11. The issuance of physician recommendations for Medical Marijuana is prohibited on the premises of a Medical Marijuana Dispensary or an Aggregated Cultivation Facility. 12. The permittee of a Medical Marijuana Dispensary Use Permit is responsible for the actions of its employees, members, volunteers in violation of any term of this section or any other applicable provision of this Code. 13. The Medical Marijuana Dispensary shall be operated in full compliance with elf requirements of State law. The issuance of a permit pursuant to this Section is not intended to, and does not, authorize the violation of State or Federal law. 14. A Medical Marijuana Dispensary may only provide Medical Marijuana consistent with the Medical Marijuana Laws. This Section is not intended to, and does not, authorize the cultivation, sale, or distribution of marijuana (as defined by and used in California Health and Safety Code Division 10, Chapter 6, including Sections 11358 and 11360) from a Medical Marijuana Dispensary or an Aggregated Cultivation Facility for any nonmedical purposes. 15. Based on the personal nature of the obligations and responsibilities of each permittee (as set forth in this Section and in each permit), each Medical Marijuana Dispensary Use Permit shall -be personal to the permittee, and shall be non- transferable. Any attempt to transfer the permit to an entity other than the permittee, or any lapse of use of the permit by the permittee for six months in any twelve month period, shall be sufficient grounds for termination or revocation of the permit. Notwithstanding this limitation, the Director is authorized to approve a modification to the 'organizational or operational structure of the permittee only if the Director determines in writing that the modification is minor and does not adversely impact the ability of the permittee to comply with all requirements of the permit and this Section. If a permittee seeks approval of any such modification, the permittee must submit the request to the Director in writing, and obtain the Director's written approval prior to Implementing the modification. 16. Each Medical Marijuana Dispensary Use Permit shall be issued subject to annual review and extension. Each permittee shall submit an annual report to the Director, in a form satisfactory to the Director, to document compliance with all requirements of the permit and this Section. The Director shall review all application records and inspect the premises, and may review all records as listed in the permit application requirements, to assure that the Medical Marijuana Dispensary (and any accessory Aggregated Cultivation Facility) is compliant with this Section, with other 0201012 Page 19 of 22 350 applicable provisions of this Code and with the permit conditions. As a part of the annual review of the permit, the Director is authorized to impose supplemental conditions on the permit to the extent that the Director determines that the supplemental conditions are necessary in order to, either: (a) achieve compliance with the requirements of the permit or this Section; or (b) mitigate adverse impacts on neighboring properties. P. Enforcement and Appeal 1. The cost of the ongoing administration of Medical Marijuana Dispensary permits shall be borne by the Medical Marijuana Dispensary permittees according to fees established by resolution of the City Council. 2. The Director may conduct an investigation whenever there is reason to believe that any person has failed to comply with the provisions of a Medical Marijuana Dispensary Use Permit or of this Section. The investigation may include an inspection of the premises. Should the investigation reveal substantial evidence to support a finding that a violation occurred, the Director is authorized to take any enforcement action as set forth in Chapter 1.24 of this Code. The written notice shall be served on the permittee or authorized agent and shall specify the facts which, in the opinion of the Director, constitute substantial evidence to establish grounds for imposition of the enforcement action. Administrative fines, In accordance with Subsection 1.16.050 of this Code, may be assessed to the permittee as a result of violations of either the Permit or this Section. A permittee, or the recipient of the notice of violation, may request an administrative hearing to contest any administrative citation issued by the Director in accordance with the procedures set forth in Sections 1.24.070 through 1.24.090 of this Code. 3. The Director is authorized to initiate proceedings to revoke, or modify the conditions attached to, a Medical Marijuana Dispensary Use Permit if at any time he or she determines in his or her discretion that: (a) a Medical Marijuana Dispensary use is detrimental to the public health, safety, or welfare; (b) the permittee has provided materially false or misleading information in the application for the permit; or. (c) the permlttee has failed to comply with any requirements of the permit or of this Section. Any such proceedings shall be conducted in accordance with the general procedures set forth in Chapter 17.72 of this Title. 4. Except as otherwise provided in Subsection J(3) (authorizing the Director to make -final decisions to select the preferred aDplitant) and -S"ubsddiidn for appeals subject to Chapter 17.72 of this Title), any person aggrieved by a determination of the Director pursuant to this Section may appeal by filing a written appeal with the City Clerk. Any such appeal must be received by the City Clerk within ten (10) calendar days of written determination by the Director. Each appeal shall be subject to the following: 0201012 Page 20 of 22 351 a. Any such appeal span state all factual and legal grounds which the appellant wishes the City to consider. Such grounds to be identified by the appellant shall include, without limitation, any and all constitutional or statutory claims. b. The appeal shall be decided by an administrative hearing which shall be set and conducted pursuant to the procedural provisions of Sections 1.24.080, 1.24.090, and 1.24.100. • For purposes of this Subsection P(4), as used in Chapters.l .16 and 1.24 of this Code: (1) the "responsible person" shall be the "appellant"; (2) the "administrative citation" shall be the determination under this Section that is the subject of the appeal. • Any written reports submitted by the Director to the Hearing Officer shall be served on the appellant at least five days before the hearing. • At the hearing, the appellant shall be given the opportunity to testify and present evidence, and the appellant shall raise any and all legal and factual issues and claims, concerning the determination under this Section that is the subject of the appeal. • The decision of the Hearing Officer shall be final. • If the hearing officer finds, as a part of the hearing officer's written decision, that the City is the prevailing party, the City is entitled to its reasonable costs of defending the appeal. c. Failure to timely request an administrative hearing, and/or to fully state all factual and legal grounds for the appeal, in the manner required by this Subsection P(4) shall constitute a waiver of the hearing and a failure to exhaust administrative remedies, and shall preclude any and ail relief and claims arising in connection with the determination by the Director. SECTION 6: Severability. If any section, sub -section, subdivision, paragraph, clause or phrase In this Ordinance, or any part thereof, is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections or portions of this Ordinance or any part thereof. The City Council hereby declares that It would have passed each section, sub -section, subdivision, paragraph, sentence, clause or phrase. of this Ordinance, irrespective of the fact that any one or more sections, sub- sections, subdivisions, paragraphs, sentences, clauses or phrases may be declared invalid or unconstitutional. SECTION 7: Effective Date. This Ordinance shall become effective thirty (30) days following adoption. MAYOR: Ci w of Napa, unicipal corporation • ATTEST: ;rim. LE E CITY OF NAPA 0201012 Page 21 of 22 352 STATE OF CALIFORNIA1 COUNTY OF NAPA r SS: CITY OF NAPA . J I, Dorothy R. Roadman, City Clerk of the City of Napa, -do hereby certify that the foregoing' Ordinance had its first reading and was introduced during the regular meeting of the City Council on the 1st day of June, 2010, and had its second reading and was adopted and passed during the regular meeting of the City Council on the 6th day of July, 2010, by the following vote: AYES: van Gorder, Mott, Inman, Krider, Techel NOES: None ABSENT: None ABSTAIN: None ATTEST: Approved as to Form: Michael W. Barrett City Attomey CITY CLE K OF E CITY OF NAPA 0201012 Page 22 of 22 353 BILL NO. 835-C.S. ORDINANCE NO. -C.S. AN ORDINANCE OF THE CITY OF EUREKA AMENDING TITLE 15 CHAPTER 158 MEDICAL CANNABIS: CULTIVATION, PROCESSING AND DISTRIBUTION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EUREKA AS FOLLOWS: Section 1. Title 15, Chapter 158, Section, is hereby amended to read as follows: CHAPTER 158: MEDICAL CANNABIS: CULTIVATION, PROCESSING AND DISTRIBUTION Section General Provisions 158.001 Findings and purpose 158.002 Interpretation and applicability 158.003 Release of liability and hold harmless 158.004 Definitions 158.005 Severability Personal Use - Requirements & Regulations 158.010 Cultivation 158.011 Processing 158.012 Distributing Cooperatives & Collectives - Requirements & Regulations 158.020 Offices and Labs 158.021 Number of Facilities 158.022 Cultivation or processing 158.023 Distributing 158.024 Delivery Services 158.025 Inspection and Monitoring Permits 158.030 Fees and taxes 158.031 Enforcement Non -medical Marijuana Use — Requirements & Regulations 354 Ordinance No. 835-C.S. 158.040 Personal Use Cultivation, Processing, and Distributing GENERAL PROVISIONS § 158.001 FINDINGS AND PURPOSE. (A) The City Council of the City of Eureka, based on evidence presented to it in the proceedings leading to the adoption of this ordinance hereby finds that the cultivation, processing and distribution of medical cannabis in the City of Eureka has caused and is causing ongoing impacts to the community. These impacts include damage to buildings containing indoor grows, including improper and dangerous electrical alterations and use, inadequate ventilation leading to mold and mildew, increased frequency of home -invasion robberies and similar crimes, and that many of these impacts have fallen disproportionately on residential neighborhoods. These impacts have also created an increase in response costs, including code enforcement, building, land use, fire, and police staff time and expenses. (B) The City Council of the City of Eureka also acknowledges that the voters of the State of California have provided a criminal defense to the cultivation, possession and use of cannabis for medical purposes under the Compassionate Use Act, but that the Compassionate Use Act does not address land use or building code impacts or issues arising from the resulting increase in cannabis cultivation within the City. (C) The purpose and intent of this chapter is to regulate the cultivation, processing and distribution of medical cannabis in a manner that protects the public health, safety and welfare of the community and mitigates for the costs to the community of the oversight of these activities. § 158.002 INTERPRETATION AND APPLICABILITY. (A) No part of this ordinance shall be deemed to conflict with federal law as contained in the Controlled Substances Act, 21 U.S.C. section 800 et seq., nor to otherwise permit any activity that is prohibited under that Act or any other local, state or federal law, statute, rue or regulation. The cultivation, processing and distribution of medical cannabis in the City of Eureka is controlled trolled by the provisions of this chapter of the Eureka Municipal Code. Aeevssury uses and home occupations, where medical cannabis is involved shall be governed by the provisions of this chapter. (B) Nothing in this ordinance is intended, nor shall it be construed, to burden any defense to criminal prosecution otherwise afforded by California law. (C) Nothing in this ordinance is intended, nor shall it be construed, to preclude a landlord from limiting or prohibiting cannabis cultivation, smoking or other related activities by tenants. (D) Nothing in this ordinance is intended, nor shall it be construed, to exempt any cannabis related activity from any and all applicable local and state construction, electrical, plumbing, land use, or any other building or land use standards or permitting requirements. May 3, 241 2 355 Ordinance No. 835-C.S. (E) Nothing is this ordinance is intended, nor shall it be construed, to make legal any cultivation, transportation, sale, or other use of cannabis that is otherwise prohibited under California law. (F) All cultivation, processing and distribution of medical cannabis within city limits shall be subject to the provisions of this chapter, regardless if the cultivation, processing or distribution existed or occurred prior to adoption of this chapter. § 158.003 RELEASE OF LIABILITY AND HOLD HARMLESS. As a condition of approval of any conditional use permit approved for a medical cannabis cultivation, processing, and/or distribution facility, the owner or permittee of each medical cannabis collective, cooperative, cultivation, processing or distribution facility shall indemnify and hold harmless the City of Eureka and its agents, officers, elected officials, and employees for any claims, damages, or injuries brought by adjacent or nearby property owners or other third parties due to the operations at the collective, cooperative, cultivation, processing or distribution facility, and for any claims brought by any of their clients for problems, injuries, damages, or liabilities of any kind that may arise out of the cultivation, processing or distribution of medical cannabis. § 158.004 DEFINITIONS. DWELLING UNIT. A room or group of rooms (including sleeping, eating, cooking, and sanitation facilities, but not more than one kitchen), which constitutes an independent housekeeping unit, occupied or intended for occupancy by one household on a long-term basis. FACILITIES. MEDICAL CANNABIS CULTIVATION FACILITY. A facility at which medical cannabis is grown and harvested for supply to a MEDICAL CANNABIS PROCESSING FACILITY and/or a MEDICAL CANNABIS DISTRIBUTION FACILITY. MEDICAL CANNABIS DISTRIBUTION FACILITY. Any facility or location where medical cannabis is distributed as a medication upon recommendation by a physician and where medical cannabis is made available to or distributed by or to a primary caregiver or a qualified patient in strict accordance with the Compassionate Use Act of 1996 (California Health and Safety Code Section 11362.5 et seq.). MEDICAL CANNABIS PROCESSING FACILITY. A facility at which medical cannabis is processed for supply to a MEDICAL CANNABIS DISTRIBUTION FACILITY. MEDICAL CANNABIS (also -known as medical` marijuana) Cannabis, including constituents of cannabis, THC and other cannabinoids, used as a physician -recommended form of medicine or herbal therapy. MEDICAL CANNABIS COOPERATIVE OR COLLECTIVE. Any person, association, cooperative, affiliation, or collective of persons who provide education, referral, or network services, and/or facilitation or assistance in the cultivation, processing or distribution of medical cannabis. May 3,2On 3 356 Ordinance No. 835-C.S. MEDICAL CANNABIS CULTIVATION AREA. The maximum dimensions used for the cultivation of medical cannabis. For the purpose of this chapter, the allowable cultivation area shall be the cumulative gross area used for cultivation of medical cannabis and shall be measured using either (a) the outward edge of the trays, pots or other containers used for cultivation or (b) the vegetative canopy, whichever Ls greater. MEDICAL CANNABIS DISTRIBUTION. The supply to a qualified patient by any person, including a primary caregiver, cooperative or collective, of medical cannabis that is not grown in the qualified patient's residence. MEDICAL CANNABIS PROCESSING Medical cannabis processing includes, but is not limited to: manicuring, drying, curing, pressing, cooking, baking, infusing, grinding, bagging, packaging, rolling. MEDICAL CANNABIS PROCESSING AREA. The maximum dimensions used for the processing of medical cannabis. For the purpose of this chapter, the allowable processing area shall be the cumulative gross floor area used for processing medical cannabis. Where the processing area occupies the majority of a room or rooms, the processing area shall be calculated as the total gross floor area of the room or rooms used for processing medical cannabis. PRIMARY CAREGIVER. As defined in California Health and Safety Code Section 11362.7 et seq., and as it may be amended from time to time. QUALIFIED PATIENT. As defined in California Health and Safety Code Section 11362.7 et seq., and as it may be amended from time to time. RESIDENCE. A legal dwelling unit. § 158.005 SEVERABILITY If any part of this ordinance is held to be invalid or inapplicable to any situation by a court of competent jurisdiction, such decision shall not affect the validity of the remaining parts of this ordinance. PERSONAL USE - REQUIREMENTS & REGULATIONS § 158.010 CULTIVATION. (A) A qualified patient shall be allows d to cultivate medical cannabis for their own personal use. The medical cannabis cultivation area shall not cumulatively exceed 50 square feet per residence. Cultivation of medical cannabis for personal use shall be in conformance with the foil g- ndatdg: (1) The residence shall remain at all times a residence with legal and functioning cooking, sleeping and sanitation facilities. Medical cannabis cultivation shall remain at all times secondary to the residential use of the property; (2) The qualified patient shall reside in the residence where the medical cannabis cultivation occurs; May3, 2011 4 357 Ordinance No. 835-C.S. (3) Cultivation of medical cannabis for personal use shall occur only on the parcel either within the residence occupied by the qualified patient, or in a self-contained accessory building that is secured, locked, and fully enclosed and which is for the exclusive use of the qualified patient. Cultivation of medical cannabis for personal use shall not displace required off-street parking; (4) The medical cannabis cultivation area shall not exceed 50 square feet and shall not exceed 10 feet in height per residence, regardless if cultivated within the residence or in an accessory building unless an exception request is obtained per section 158.010(B); (5) If required by Building or Fire Code, the wall(s) adjacent to the cultivation area shall be constructed with 5/8" Type X moisture resistant drywall; (6) The medical cannabis cultivation area shall be in compliance with the current adopted edition of the California Building Code section 1203.4 Natural Ventilation or section 402.3 Mechanical Ventilation (or its equivalent(s)); (7) The cultivation of medical cannabis shall not adversely affect the health or safety of the residents, the residence or accessory building in which it is cultivated, or nearby properties through creation of mold, mildew, dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, surface runoff, or other impacts, or be hazardous because of the use or storage of materials, processes, products or wastes; (8) Medical cannabis cultivation lighting shall not cumulatively exceed 1200 watts unless an exception request is obtained per section 158.010(B); (9) All electrical equipment used in the cultivation of medical cannabis, (e.g., lighting and ventilation) shall be plugged directly into a wall outlet or otherwise hardwired; the use of extension cords to supply power to electrical equipment used in the cultivation of medical cannabis is prohibited; (10) Any electrical wiring/rewiring shall first require an electrical permit from the Building Department; (11) The use of gas products (e.g., CO2, butane, etc) for medical cannabis cultivation is prohibited unless an exception request is obtained per section 158.010(B); and (12) From a public right of way, there shall be no exterior evidence of medical cannabis cultivation occurring at the property. (B) The medical cannabis cultivation area may exceed the 50 square foot maximum per residence, up to a total of 100 square feet of cultivation area, or the standards in section 158.010(A)(4)(8) or (11) above may be modified, upon approval of an Exception Request issued by the Director of Community Development. An Exception Request shall not allow more than a total of 100 square feet per residence regardless if cultivated within the residence or an accessory building. May 3,2011 5 358 information Ordinance No. 835-C.S. (1) An application for an Exception Request shall include the following (a) Written permission from the property owner; (b) An application fee set by resolution of the City Council; (c) Adequate information and documentation, such as a physician's recommendation, or verification of more than one qualified patient living in the residence, to demonstrate why the cultivation area should be allowed to exceed 50 square feet; (d) The specified location and size of the requested cannabis cultivation area not to exceed 100 square feet and not to exceed 10 feet in height; (e) A materials storage, handling and disposal plan; and (f) If the Exception Request includes a request to modify the standards prescribed in section 158.010(A)(4)(8) or (11), documentation and information shall be provided identifying which standards are proposed to be modified and why such modification would not detrimentally affect the use of the dwelling unit for its intended residential occupancy. (2) If required by Building or Fire Code, the applicant shall make specified improvements to the residence with a Building Permit, if one is needed. Such improvements may include, but are not limited to, electrical system upgrades. (3) The Director of Community Development in consultation with the Chief Building Official and Fire Marshal shall review the submitted application and determine if the specific circumstances warrant granting an Exception Request. (4) The Exception Request shall become void, and the cannabis cultivation area in excess of 50 square feet shall be removed one year following the date on which the Exception Request was issued unless the Exception Request is renewed prior to expiration. (C) Medical cannabis cultivation is prohibited as a Home Occupation. Medical cannabis cultivation shall not be considered a residential accessory use. No distributions of medical cannabis cultivated for personal use shall be allowed. § 158.011 PROCESSING. (A) A qualified patient shall be allowed to process medical cannabis cultivated within his/her private residence -The -medical -cannabis processing -area shall. -not, cumulatively exceed 20 square feet per residence. Processing of medical cannabis cultivated at the residence shall be in conformance with the following standards: (1) Only medical cannabis cultivated at the residence in conformance with this chapter shall be allowed to be processed at the residence; May 3,aou 6 359 Ordinance No. 835-C.S. (2) The residence shall remain at all times a residence with legal and functioning cooking, sleeping and sanitation facilities. Medical cannabis processing shall remain at all times secondary to the residential use of the property; (3) The medical cannabis processing shall be in compliance with the current adopted edition of the California Building Code section 1203.4 Natural Ventilation or section 402.3 Mechanical Ventilation (or its equivalent(s)); (4) The use of gas products (e.g., CO2, butane, etc.) for medical cannabis processing is prohibited; and (5) The processing of medical cannabis shall not adversely affect the health or safety of the residents, the residence or accessory building in which it is processed, or nearby properties through creation of mold, mildew, dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, surface runoff, or other impacts, or be hazardous because of the use or storage of materials, processes, products or wastes. (B) Medical cannabis processing is prohibited as a Home Occupation. Medical cannabis processing shall not be considered a residential accessory use. No sale or distributing of medical cannabis processed for personal use shall be allowed. § 158.012 DISTRIBUTING. Medical cannabis cultivated or processed for personal use as provided for in this chapter shall not be distributed to any person, cooperative or collective unless specifically allowed under this chapter. COOPERATIVES & COLLECTIVES - REQUIREMENTS & REGULATIONS § 158.020 OFFICES AND LABS (A) Offices. Offices for a cooperative or collective at which no cultivation, processing, storage, handling or distributing of cannabis, in any form, occurs shall be allowed in any zoning district in which offices are allowed. Such offices shall be subject to all regulations and standards applicable to offices as prescribed in the Zoning Regulations of the Eureka Municipal Code. (B) Medical Research Labs and Testing Facilities. Medical cannabis research labs or medical cannabis testing facilities at which no cultivation, processing, or distribution of medical cannabis occurs shall be allowed in any zoning district in which laboratories or medical laboratories are permitted. Such facilities shall be subject to all regulations and standards applicable- to labs .or -medical--labs as - prescribed in the -Zoning Regulations of the Eureka Municipal Code. § 158.021 NUMBER OF FACILITIES. (A) There shall be a maximum of four (4) cultivation/processing facilities permitted within city limits. Each of the cultivation/processing facilities shall be allowed one distribution facility located within city limits which may be located separate from or at the same site where the cultivation and processing occurs. May 3, 2011 7 360 Ordinance No. 835-C.S. (B) A maximum of two distribution facilities not associated with any of the four permitted cultivation/processing facilities shall be allowed within city limits. (C) Only those Collectives or Cooperatives invited by the City Council may submit an application for a conditional use permit. The City Council shall establish the process for the selection of the Collectives or Cooperatives to be invited to submit an application for a conditional use permit. The City Council may elect to invite fewer than the number described in section 158.021(A) and (B). § 158.022 CULTIVATION OR PROCESSING. (A) A cultivation or processing facility which is (a) located on Broadway, 4th or 5th Streets and (b) is not on the same site as its associated medical cannabis distribution facility shall be inconspicuous and shall not draw attention to the use of the building as a medical cannabis cultivation or processing facility. A cultivation or processing facility located on the same site as its associated distribution facility shall comply with the requirements contained in section 158.023(B). (B) Cultivation or processing facilities shall only be allowed upon the granting of a conditional use permit as prescribed in the Eureka Municipal Code. The fact that an applicant possesses other types of state or City permits or licenses does not exempt the applicant from the requirement of obtaining a conditional use permit to operate a cultivation or processing facility for distribution. (C) Research, testing, or other similar facilities that cultivate medical cannabis for distribution to patients or primary caregivers shall be considered, for the purpose of this chapter, a cultivation or processing facility and shall be subject to all applicable regulations and limitations for a cultivation or processing facility. (ID) In addition to the conditional use permit required under section 158.022(B), a cultivation or processing facility located in the coastal zone shall only be allowed upon the granting of a coastal development permit as prescribed in the Eureka Municipal Code. (E) In addition to the application requirements specified for a conditional use permit, an application for a conditional use permit for a cultivation or processing facility shall include the following information: (1) Authorization for the City, its agents and employees, to seek verification of the information contained within the application; (2) - Text and graphic materials showing the site and floor plan far the medical cannabis cultivation or processing facility including the use of each room or building on the premises. The material shall also describe or illustrate the location and uses of adjacent structures and properties; (3) The equipment and methods employed in the cultivation or processing of the medical cannabis; May 3, 2011 8 361 Ordinance No. 835-C.S. (4) How the cultivated and/or processed medical cannabis will be transported to the distribution facility and/or to qualified patients or primary caregivers; (5) The hours and days of the week the medical cannabis cultivation or processing facility will be open; (6) The number of persons, per shift, who will be working at the cultivation or processing facility; (7) The security measures that will be employed at the premises, including but not limited to: lighting, alarms, and automatic law enforcement notification; (8) The measures taken to minimize or offset energy use from the cultivation or processing of medical cannabis; (9) The chemicals stored or used at the premises; (10) The type and quantity of all effluent discharged into the City's wastewater and/or stormwater system; (11) The name, location and operator of the distribution facility(ies) for which the medical cannabis is being cultivated or processed; and (12) Any other information required by the Director of Community Development relevant to the ordinance. (F) Cultivation or processing facilities shall be subject to the following specific regulations: (1) The cultivation area shall occur only within a self-contained structure that is in compliance with California Building Code section 1203.4 Natural Ventilation or section 402.3 Mechanical Ventilation (or its equivalent(s)); (2) The cultivation or processing facility shall comply with stormwater, wastewater, and other applicable requirements of the City; (3) The required number of off-street parking spaces shall be determined by the Planning Commission. The location of off-street parking shall be in compliance with the parking regulations prescribed in the Eureka Municipal Code; (4) The on -site display of cannabis plants visible from the outside shall be prohibited, including live plants or graphic representations of the cannabis plant; (5) There shall be no off -site signage advertising the medical cannabis facility; ( Signs .shall not be larger than 6 square feet (7) Signs shall not be internally illuminated; May 3,2011 9 362 Ordinance No. 835-C.S. (8) There shall be no signage on the frontage of buildings facing Broadway, 4th or 5th Streets, or in front of buildings facing Broadway, 4th or 5th Streets; (9) The display or sale of paraphernalia employed in the use or consumption of medical cannabis shall not be allowed at the cultivation or processing facility; (10) Cultivation or processing facilities shall maintain all necessary permits, and pay all appropriate taxes; (11) Cultivation or processing facilities shall provide invoices to vendors to ensure vendor's tax liability responsibility; (12) A cultivation or processing facility located off -site from its associated medical cannabis distribution facility shall not distribute medical cannabis from the cultivation or processing site unless permitted in the conditional use permit (13) The cultivation or processing of medical cannabis shall not adversely affect the health or safety of the employees, or the facility in which it is cultivated or processed, or nearby properties through creation of mold, mildew, dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or be hazardous because of the use or storage of materials, processes, products or wastes; (14) There shall be no on -site use or consumption of medical cannabis unless specifically authorized in the conditional use permit; (15) The processing of medical cannabis into foodstuffs and other edibles by cooking, baking, infusing, grinding, etc., shall comply with the provisions of all relevant local and State laws for the commercial preparation of food. (16) The packaging of edibles and other similar products shall be nondescript and shall not mimic, resemble or be representational of candy, cookies or other food products that might attract or entice children; and (17) Medical cannabis cultivation or processing facilities shall comply with other conditions prescribed in thc approved conditional use pc—'`. (G) The conditional use permit granted for a cultivation or processing facility may be suspended or revoked based on a finding that the facility has a history of multiple or any serious violations of this ordinance, or as otherwise prescribed for all other conditional use permits in the Eureka Municipal Code. (H) The rights of an approved conditional use permit for a cultivation or processing facility shall be granted to the permittee at the specified location described in the conditional use permit. The conditional use permit for a cultivation or processing facility shall not be transferred to another permittee or to another location. May 3t 2011 16 363 Ordinance No. 835-C.S. (I) The conditional use permit shall remain in effect as long as the specified cultivation or processing facility is in operation. A facility that ceases operation for one month or more shall be deemed abandoned and the conditional use permit shall terminate. § 158.023 DISTRIBUTING. (A) Mobile distribution of medical cannabis, other than delivery services described and regulated by section 158.024, is prohibited within city limits. (B) A medical cannabis distribution facility located on Broadway, 4th or 5th Streets shall not have a storefront or the patient entrance facing Broadway, 4th or 5th Streets. (C) Medical cannabis distribution facilities shall only be allowed upon the granting of a conditional use permit as prescribed in the Eureka Municipal Code. The fact that an applicant possesses other types of state or City permits or licenses does not exempt the applicant from the requirement of obtaining a conditional use permit to operate a medical cannabis distribution facility. (D) In addition to the conditional use permit required under section 158.023(C), a distribution facility located in the coastal zone shall only be allowed upon the granting of a coastal development permit as prescribed in of the Eureka Municipal Code. (E) In addition to the application requirements specified for a conditional use permit, an application for a conditional use permit for a distribution facility shall include the following information: (1) Authorization for the City, its agents and employees, to seek verification of the information contained within the application; (2) Text and graphic materials showing the site and floor plan for the distribution facility including the use of each room or building on the premises. The material shall also describe or illustrate the location and uses of adjacent structures and properties; (3) The hours and days of the week the distribution facility will be open; (4) The number of persons, per shift, who will be working at the distribution facility; (5) The security measures that will be employed at the premises, including but not limited to: lighting, alarms, and automatic law enforcement notification; (6) The chemicals stored or used at the premises; (7) The type and quantity of all effluent discharged into the City's wastewater and/or stormwater system; (8) The name, location and operator of the cultivation or processing facility(ies)supplying the medical cannabis to the distribution facility; May 3, 2011 11 364 Ordinance No. 835-C.S. (9) A detailed Operations Manual containing, at a minimum, (a) The staff screening process including appropriate background checks; controls; for qualified patients; procedures; and (b) The process for tracking medical cannabis quantities and inventory (c) A description of the screening, registration and validation process (d) A description of qualified patient records acquisition and retention (e) The process for tracking medical cannabis quantities and inventory controls including on -site cultivation, processing, and/or medical cannabis products received from outside sources; (10) A detailed Cannabis Safety Program, which includes at a minimum, the following, (a) The process for documenting the chain of custody of all cannabis and cannabis products from farm to patient; (b) The procedure and documentation process for assuring the safety and quality of all medical cannabis and medical cannabis products effective January 1, 2011, (including, but not limited to, testing for bacteria, mold, pesticides and other contaminants); and (c) The procedure and documentation process for determining patient dosage including testing for the major active agents in the medical cannabis effective January 1, 2011 (e.g., cannabinoids THC, CBD and CHIN). (11) Any other information required by the Director of Community Development that is relevant to the ordinance. (F) Distribution facilities shall be subject to the following specific regulations: Pistri'l ation 11 fifties assoeiated with cultivation or piing facilities curt to t158.021. (Al shall only dispense cannabis cultivates and nrocessed at the, . a ciated cultivation or orocessmg fac'r ty. My ons.shall be confined to emergencies and Sri-un ntocesses:.detailed in the ltggltluse =valor.ihe_: _J � iz No distribution facility shall be located within 1000 feet of any existing park, playground, day care facility, school, or similar facility that primarily serves children under 18 years of age, either inside or outside the city limits; al The distribution facility shall consist of a business form that satisfies state law to act cooperatively or collectively in the acquisition and distribution of medical cannabis; May 3, 20$1 x2 365 Ordinance No. 835-C.S. The distribution facility shall display the client rules and/or regulations in a conspicuous place that is readily seen by all persons entering the distribution facility; al Each building entrance to the distribution facility shall be clearly and legibly posted with a notice indicating that smoking, ingesting or consuming medical cannabis on the premises or in the vicinity of the distribution facility is prohibited unless specifically authorized under the conditional use permit; fA) Each building entrance to the distribution facility shall be clearly and legibly posted with a notice indicating that persons under the age of eighteen (18) are precluded from entering the premises unless they are a qualified patient and/or they are under the supervision of their parent or legal guardian; (7) The distribution facility shall only distribute medical cannabis to a qualified patient who has a valid, verified physician's recommendation, or the patient's primary caregiver. The distribution facility shall verify that the physician's recommendation is current and valid; j8) The distribution facility shall not distribute medical cannabis to a qualified patient or primary caregiver more than twice a day; (9) The distribution facility shall only permit the distribution of live plants, starts and clones as allowed by the approved conditional use permit. Such distribution shall be limited to qualified patients or primary caregivers; (10) The on -site display of cannabis plants visible from the outside shall be prohibited, including live plants or graphic representations of the cannabis plant; facility; (11) There shall be no off -site signage advertising the medical cannabis (1.2) Signs shall not be larger than>6.square feet; (13) Signs shall not be internally illuminated; (14) There shall be no signage on the frontage of buildings facing Broadway, 4th or 5t'' Streets, or in front of buildings facing Broadway, 4th or 5th Streets; (15) The display or sale of paraphernalia employed in the use or consumption of medical cannabis shall not be allowed at the distribution facility unless specifically prescribed in the approved conditional use permit; (.16) The required number of off-street parking spaces shall be determined by the Planning Commission. The location of off-street parking shall be in compliance with the parking regulations prescribed in the Eureka Municipal Code; (17) Distribution facilities shall maintain all necessary permits, and pay all appropriate taxes; May 3, 2011 13 366 Ordinance No. 835-C.S. (18) Distribution facilities shall provide invoices to vendors to ensure vendor's tax liability responsibility; (19) The distribution of medical cannabis shall not adversely affect the health or safety of the employees or the facility in which it is distributed, or nearby properties through creation of mold, mildew, dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or be hazardous because of the use or storage of materials, processes, products or wastes; al) and every package or unit of medical cannabis, or medical cannabis product, distributed shall have a label or labels that state the following: (a) The naive of the patient; (b) The name and contact information of the distributor; (c) An identification and tracking number for the specific package or unit of medical cannabis, or medical cannabis product; (d) The species or strain of the medical cannabis; (e) Identification of the strength and dosage of the medical cannabis; (f) A statement that the medical cannabis or medical cannabis product has been tested for safety and quality assurance and that the testing results, and chain of custody information is available by contacting the distributor; (21) There shall be no on -site use or consumption of medical cannabis unless specifically authorized in the conditional use permit; and (22) Distribution facilities shall comply with other conditions prescribed in the approved conditional use permit. (G) In addition to the findings specified for a conditional use p rmit, the Plaiuting Commission shall consider the following when deciding to approve a conditional use permit for a distribution facility: (1) If the proposed distribution facility is within 300 feet of a residential zoning district either inside or outside the city limits, the potential impacts of the distribution facility on the residents and infrastructure of that district; and (2) If the proposed distribution facility is within 1000 feet of any other distribution facility, either inside or outside the city limits, the cumulative impacts of the proposed distribution facility on the residents, businesses and infrastructure in the vicinity of the proposed distribution facility. (II) The conditional use permit granted for a distribution facility may be suspended or revoked based on a finding that the facility has a history of multiple or any serious violations of May 3, 2035 14 367 Ordinance No. 835-C.S. this ordinance, or as otherwise prescribed for all other conditional use permits in the Eureka Municipal Code. (I) The rights of an approved conditional use permit for a distribution facility shall be granted to the permittee at the specified location described in the conditional use permit. The conditional use permit for a distribution facility shall not be transferred to another permittee or to another location. (J) The conditional use permit shall remain in effect as long as the specified distribution facility is in operation. A facility that ceases operation for one month or more shall be deemed abandoned and the conditional use permit shall terminate. § 158.024 DELIVERY SERVICES (A) A medical cannabis delivery or transportation service that is associated with a permitted distribution facility located within city limits and for which delivery originates from the distribution facility shall only be allowed when the delivery service is described and included in the conditional use permit for the distribution facility. (B) Delivery or transportation services originating from outside city limits and delivering medical cannabis within city limits shall only be allowed upon the granting of a Mobile Business License. (C) Delivery or transportation services originating from within city limits, but not from a permitted distribution facility are prohibited. § 158.025 INSPECTION AND MONITORING (A) The Community Development Department shall inspect each medical cannabis facility on or before January 31st of each calendar year to assure compliance with the approved conditional use permit. The Community Development Department inspector shall be granted access to all parts of the facility. All records kept pursuant to the approved conditional use permit shall be open for visual inspection. (B) The permittee shall submit to the City on or before January 3 r of each calendar year an annual inspection fee set by resolution of the City Council. (C) If the permittee fails to submit the inspection fee, refuses inspection, or if the inspection finds that the facility is not being operated in compliance with the approved conditional use permit, the conditional use permit shall be subject to revocation pursuant to the provisions of section 155.294. PERMITS § 158.030 FEES AND TAXES The costs to the City arising from the processing and oversight of Exception Requests under section 158.010, subdivision (B) and permits for Cooperatives and Collectives and Distribution Facilities under sections 158.022 and 158.023, and the costs of monitoring and May 3, 2011 15 368 Ordinance No. 835-C.S. Insuring compliance with this Ordnance, will be offset through application fees and annual renewal fees, to be adopted by the City Council by Resolution and updated as necessary from time -to -time. In the administration of the permitting requirements under this Ordinance, the City Manager, or his designee, may require as a condition to granting and renewal of the permits any information reasonably necessary to implement the intent of this Ordinance, to ensure that the cannabis handled under the permit is grown, processed or distributed in a manner not in conflict with this Ordinance, and to ensure that any and all related sales taxes are being properly reported and paid. § 158.031 ENFORCEMENT Any violation of this Ordinance is subject to administrative, civil, or criminal penalties, as set out in Eureka Municipal Code section 10.99, in addition to being subject to other remedies provided by law, including but not limited to, injunctive relief, nuisance abatement action, summary abatement of immediately hazardous conditions, and all other applicable fines, penalties and remedies. This is an Ordinance adopted to address public health and safety issues, and as such, carries with it an express legislative intent to be interpreted strictly, enforced with an emphasis on public and community safety, and enforced rigorously in a manner such as to deter further violations. NON -MEDICAL USE — REQUIREMENTS & REGUATLIONS § 158.040 PERSONAL USE CULTIVATION, PROCESSING, AND DISTRIBUTING The personal cultivation, processing and distributing of cannabis or marijuana for non- medical purposes, to the extent provided by law, shall comply with the Use Requirements and Regulations prescribed in section 158.010 (CULTIVATION, section 158.011 (PROCESSING), and section 158.012 (DISTRIBUTING) contained in this chapter. May 3, 2011 16 369 ORDINANCE NO. 1417 ORDINANCE OF THE CITY OF SAN CARLOS ADDING CHAPTER 8.09 TO THE MUNICIPAL CODE: REGULATION OF COLLECTIVE CULTIVATION AND DISTRIBUTION OF MEDICAL MARIJUANA AND REQUIRING LICENSING OF MEDICAL MARIJUANA COLLECTIVES WITHIN THE CITY OF SAN CARLOS. IT IS ORDAINED by the City Council of the City of San Carlos as follows: Section 1: RECITALS WHEREAS, in 1996, the voters of the State of California approved Proposition 215, "the Compassionate Use Act", which was intended to permit cultivation and possession of medical marijuana by single patient, or the patient's caregiver, for the patient's personal use, and to create a limited defense to the crimes of possessing or cultivating marijuana; and, WHEREAS, in 2004, the State Legislature enacted Senate Bill 420, "the Medical Marijuana Program Act", to clarify the scope of the Compassionate Use Act and to provide qualifying patients and primary caregivers who collectively or cooperatively cultivate marijuana for medical purposes with a limited defense to the crimes of possession for sale, transportation or furnishing marijuana, maintaining a location for unlawfully selling, giving away, or using controlled substances, managing a location for the storage or distribution of any controlled substance for sale, and the laws declaring the use of property for these purposes a nuisance; and, WHEREAS, the Medical Marijuana Program Act defines a "primary caregiver" as an individual who is designated by a qualified patient or by a person with an identification card, and who has consistently assumed responsibility for the housing, health, or safety of that patient or person; and, WHEREAS, the Medical Marijuana Program Act allows cities and counties to adopt and enforce rules consistent with the Medical Marijuana Program Act; and WHEREAS, in August 2008, the California Attorney General issued guidelines that clarify the state's laws governing medical marijuana, and provided guidelines for patients and law enforcement to ensure that medical marijuana is not diverted to illicit markets; and WHEREAS, this chapter is enacted, pursuant to the Compassionate Use Act, and the Medical Marijuana Program Act, the Guidelines issued by the California Attorney General, and the City's constitutional police power to protect the health, safety 1 370 and welfare of the residents of the City of San Carlos; and WHEREAS, since the sale of medical marijuana is unlawful, it is necessary to place restrictions on the exterior appearance of medical marijuana collectives in order to prevent the misunderstanding that collectives are places where marijuana may be purchased; SECTION 2: Chapter 8.09 - REGULATION OF COLLECTIVE CULTIVATION AND DISTRIBUTION OF MEDICAL MARIJUANA is added to the Municipal Code as follows: Chapter 8.09 REGULATION OF COLLECTIVE CULTIVATION AND DISTRIBUTION OF MEDICAL MARIJUANA 8.09.010 Purpose and Intent 8.09.020 Definitions 8.09.030 Enforcement of Chapter 8.09.040 Registration 8.09.050 Operating Restrictions 8.09.060 Permit Requirements 8.09.070 Revocation 8.09.080 Marijuana Produced for On -Site Consumption 8.09.090 Violation and Penalties 8.09.100 Marijuana produced for individual residential on -site Consumption 8.09.110 Appeals 8.09.120 Severability 8.09.010 Purpose and Intent. It is the purpose and intent of this chapter to: A. Regulate the collective cultivation and distribution of medicai marijuana within the City limits; and, B. Provide that Medical Marijuana Collectives be appropriately located to provide for the health, safety and welfare of the public; and C. Regulate Medical Marijuana Collectives consistent with the Compassionate Use Act, and the Medical Marijuana Program Act, the Guidelines issued by the California Attorney General, and the County's constitutional police power to protect the health, safety and welfare of the residents of the City of San Carlos; and 2 371 D. Provide lawful restrictions on the exterior appearance of Medical Marijuana Collectives in order to prevent the misunderstanding that such collectives are places where marijuana may be purchased; and E. Provide for the adoption and enforcement of rules consistent with the Compassionate Use Act, the Medical Marijuana Program Act, and the Guidelines issued by the California Attorney General, which will provide for the health, safety and welfare of the public by regulating the collective cultivation and possession of medical marijuana within the City of San Carlos, consistent with state law; and F. This chapter is not intended to and does not criminalize activity which is otherwise permitted under state law, and it is not intended to and does not authorize conduct that is otherwise prohibited by state law, or to prohibit conduct that is authorized by state law. G. The ordinance codified in this chapter, in compliance with California Health and Safety Code Section 11362, does not interfere with a patient's right to medical marijuana, nor does it criminalize the possession or cultivation of medical marijuana by specifically defined classifications of persons, pursuant to state law. 8.09.020 Definitions. The following words and phrases, when used in this chapter, shall be construed as defined in this section, unless it is apparent from the context that they have a different meaning: A. Medical Marijuana Collective or Collective means a location where marijuana is cultivated collectively by more than one qualified patient, person with valid identification card or designated primary caregiver of a person with a valid identification card, within the City of San Carlos in order collectively or cooperatively to cultivate and/or store marijuana for medical purposes, as provided in Health & Safety Code section 11362.775. B. Person with a valid identification card means an individual who is a qualified patient who has applied for and received a valid identification card pursuant to California Health and Safety Code Section 11362.7. The identification card must be obtained via written recommendation from the individual's attending licensed physician, after an examination. C. An Attending Physician is defined as a duly licensed medical doctor who has the patient's medical records. Those patients who seek medical services from clinics are required to obtain identification cards from said clinics. D. Police Chief means the City's chief of police or the chief's designee. 3 372 E. Primary Caregiver means a primary caregiver as that term is defined in Health and Safety Code Section 11362.7, designated by a qualified patient or by a person with an identification card, who has consistently assumed responsibility for the housing, health, or safety of that patient. Medical marijuana cultivated collectively may be distributed by a primary caregiver to a qualified patient or patients, or to a person or persons with valid identification card(s) for medical purposes, in accordance with Health and Safety Code Section 11362.7, et seq. A primary caregiver shall be at least eighteen years of age, unless the primary caregiver is the parent of a minor child who is a qualified patient, and the parent of such minor child is also a minor. F. Qualified Patient means a person who is entitled to the protections of California Health and Safety Code Section 11362.7, but who does not have a valid identification card issued pursuant to California Health and Safety Code Section 11362. A qualified patient is someone who could possess a valid identification card pursuant to California Health and Safety Code Section 11362.7, but has either failed to apply for such a card, or not yet received such a card. The patient is deemed as qualified, if a licensed physician would have recommended the patient use marijuana for medical relief. G. Residential district means any of the following zoning districts in the City's zoning ordinance: R1-LD (Ch. 18.24), R-1 (Ch. 18.28), multifamily residential (Ch. 18.30), P-r (Ch. 18.44), and P-C with residential use (18.104). 8.09.030 Enforcement of Chapter. A. The Police Chief and City Attorney shall have the authority to enforce any violations of this chapter, and to report and enforce against any violations of the conditions of approval attached to use permits obtained under the authority of the Zoning Ordinance. The Police Chief shall provide a report of all violations of these provisions to the City Attorney and Planning Director for possible enforcement. S. The Planning Director shall have the duty and responsibility of processing and referring to the Planning Commission all use permit applications, which shall include as eunditions the registration restrictions in Section 8.09.040 and the operating restrictions in 8.09.050. 8.09.040 Registration (a) Primary caregivers, qualified patients and persons with valid identification cards cuitivating medical marijuana at such collectives shall register the collective with the Police Chief, providing the name of a responsible party, a telephone number, the place of operation of the medical marijuana collective and shall be subject to the following restrictions: 1. Only qualified patients, persons with valid identification cards and primary 4 373 caregivers may cultivate medical marijuana collectively or associate for the purpose of doing so; 2. No collective shall consist of more than ten (10) qualified patients or persons with valid identification cards and no qualified patients or persons with valid identification cards shall be members of more than one collective in the City of San Carlos. 3. Absolutely no advertising of marijuana is allowed at any time; 4. Exterior signage is limited to site addressing only; 5. The collective site will be monitored at all times by web -based closed circuit television for security purposes. The camera and recording system must be of adequate quality, color rendition and resolution, as to allow the ready identification of any individual committing a crime anywhere on the site; 6. A centrally monitored alarm system is required; 7. Interior building lighting, exterior building lighting and parking area lighting will be of sufficient foot-candles and color rendition, so as to allow the ready identification of any individual committing a crime on site at a distance of no less than forty (40) feet; 8. Windows and roof hatches will be secured with bars on the windows so as to prevent unauthorized entry, and be equipped with latches that may be released quickly from the inside to allow exit in the event of emergency; 9. Absolutely no cultivated marijuana or dried marijuana product may be displayed or visible from the building exterior; 10. The activities that may be conducted at a registered and permitted collective are limited to cultivation and storage of marijuana for personal use and preparation of cultivated marijuana for personal use, such as drying and processing. No further refinement of marijuana, or the preparation of marijuana products, such as but not limited to hashish, hash oil or marijuana butter is allowed; 11. No cooking, sale, preparation, or manufacturing of marijuana enhanced or edible or drinkable products, including but not limited to cookies, candy, drinks, or brownies is allowed; 12. No display or sales of cultivated marijuana are allowed on site; 13. No persons under the age of eighteen (18) are allowed on site, unless such individual is a qualified patient and accompanied by their licensed attending physician, parent or documented legal guardian; 5 374 14. The quantity of marijuana located at the facility where medical marijuana is collectively cultivated may not exceed the maximum quantity per patient of medical marijuana authorized by California Health and Safety Code Section 11362.77, multiplied by the number of participants who are served by the collective, consistent with the regulations set forth in this chapter and State law; 15. The Chief of Police may inspect the Collective at any reasonable time to ensure that the amounts of medical marijuana on site conform to California Health and Safety Code Section 11362.77. The City reserves the right to require additional security and safety conditions, if necessary, upon receipt of detailed/revised building plans 16. No individual or group may cultivate or distribute marijuana for profit; 17. No money or any other thing of value shall be exchanged for medical marijuana. A primary caregiver, as defined herein, who receives compensation for actual expenses, including reasonable compensation incurred for services provided to an eligible qualified patient or person with an identification card to enable that person to use marijuana under this article, or for payment for out-of-pocket expenses incurred in providing those services, or both, shall not, on the sole basis of that fact, be subject to prosecution or punishment under this chapter; 18. Marijuana cultivated in a licensed collective must be secured from public access, and not be visible to the public domain. All cultivated marijuana must be secured in structures consisting of at least four (4) walls and a roof, and conform to specified Security Standards, as to locks, deadbolts and additional security measures; 19. This chapter does not authorize the consumption, use, or smoking of marijuana in the parking areas of a collective, or in vehicles located at or near or under said collective, or under any circumstances in which the consumption, use, or smoking of marijuana is prohibited by state law; 20. The medical marijuana collective shall comply with the all applicable building, zoning, and environmental requirements sei forth in the iviunicipal Code or state law; 21. The medical marijuana collective may not be operated or located in or within one thousand (1000) feet of the grounds of a school, park, recreation center, youth center or playground. 22. The medical marijuana collective may not employ any persons who are felons or who are currently on probation. 23. No designated Primary Caregiver shall be responsible for more than ten (10) qualified patients or persons with valid identification cards. The limit of ten 6 315 (10) qualified patients or persons with valid identification cards in a collective shall not be increased by this provision. 24. The California State Attorney General's Guidelines for the Security and Non -Diversion of Marijuana Grown for Medical Use dated August 2008, and as amended, shall be complied with. (b) The Chief of Police and City may make additional security and safety conditions, upon receipt of detailed/revised building plans. 8.09.050 Operating Restrictions In addition to the Registration requirements, as a condition to receipt of a Registration Permit under this chapter, the Collective shall provide the following: 1. A warning that operators, employees, and members of facilities where medical marijuana is collectively cultivated may be subject to prosecution under federal laws. 2. The applicants waiver and release of the City from any and all legal liability related to or arising from the Registration or the Business License, the registration process, or the enforcement of the conditions of the City's Ordinances, and/or the operation of any facility at which where medical marijuana is collectively cultivated. 3. Medical marijuana cultivated collectively may be distributed by a primary caregiver to a qualified patient or patients, or to a person or persons with valid identification card(s) for medical purposes, in accordance with Health and Safety Code Section 11362.7, et seq. 4. The Primary Caregiver shall keep a list of his or her assigned ten (10) qualified patients or persons with a valid identification card; such a list must minimally contain those persons' contact information, such that it may be immediately provided to the chief of police upon request, for the purposes of determining the proper legal amounts of cultivated and/or dried marijuana that may be possessed at the collective. 5. Only these three classifications of person may possess or cultivate medical marijuana individually or collectively, in accordance with California Health and Safety Code Section 11362.7. 8.09.060 Permit Requirements. A. Medical marijuana collectives are required to obtain a use permit to operate within the city limits under Title 18 of the Municipal Code. 7 376 8.09.070 Revocation. A. The Registration Permit may be revoked by the Chief of Police for any violation of state law or this chapter, or for failure to comply with the conditions listed on said registration permit or use permit. B. Upon the revocation of any Registration Permit issued under this chapter, the Chief of Police shall make his findings and reasons for revocation and transmit them to the registrant whose registration permit has been revoked, and a copy thereof to the City Clerk. Revocation of a Registration permit automatically revokes the business license to which the registration permit applies. 8.09.080 Marijuana Produced for On -Site Consumption. A. Nothing in this chapter shall be deemed to make it unlawful for an individual to grow marijuana at his or her residence for his or her own consumption at such residence, or for consumption by another person regularly residing at such residence, if such consumption is permitted under Health and Safety Code Sections 11362.5 through 11362.77. B. Marijuana cultivated pursuant to these sections must be secured from public access, and not be visible from the public domain. All cultivated marijuana must be secured in structures consisting of at least four walls and a roof, and be held secure to the satisfaction of the police chief. C. Medical marijuana cultivated at registered collectives may not be consumed on -site, in the parking areas, inside vehicles, or in those areas already restricted by the California Health and Safety Code Section 11362.79. 8.09.090 Violation and Penalties Any violation of this chapter shall be deemed a misdemeanor, unless the circumstances that create the violation are subject to prosecution as a felony under state or federal law. Any violation of this chapter shall also be deemed a public nuisance and may be enforced by any remedy available to the City for abatement of public nuisances. 8.09.100 Marijuana produced for Individual residential on -site consumption This chapter does not apply to individual cultivation of marijuana for consumption or use of an individual at his or her residence, or for consumption by another individual or individuals regularly residing at said residence, if such consumption is otherwise permitted by state law. 8 377 8.09.110 Appeals The Chief of Police shall make findings and reasons for disapproval or revocation and transmit the same to the City Clerk, who shall notify the applicant that the application is disapproved or registration permit revoked. Upon the disapproval or revocation, any person aggrieved by the action of the Chief of Police, and the denial of the application for a registration permit or revocation of a registration permit, shall have the right of appeal to the City Council, after paying the required fee. Such appeal shall be taken by filing with the City Council, within ten days after notice of the action complained of has been mailed to the applicant's last known address (or to the applicant's address as appearing on his application or registration permit), a written statement setting forth fully the grounds of appeal. The City Council shall set a time and place for a hearing of such appeal, and notice shall be given to the appellant by mail, postage prepaid, to his address as aforesaid, at least five days prior to the date set for a hearing. The disposition and order of the Council shall be final and conclusive. 8.09.120 Severability If any section, sentence, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter. The City Council hereby declares that it would have passed this ordinance and adopted this Chapter and each section, sentence, clause or phrase thereof, even if one or more sections, subsections, sentences, clauses or phrases is declared invalid or unconstitutional. Section 3 . The City Clerk is hereby directed to publish this ordinance, or the title hereof as a summary, pursuant to state statute. Section 4 . This ordinance shall take effect and be in force on the thirtieth (30th) day from and after its final passage. Introduced on the 8th day of February, 2010. Passed and adopted on the 22nd day of February, 2010 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: 9 378 ATTEST: City Clerk 10 Mayor 379 ORDINANCE NO. 05-1998 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TULARE AMENDING TITLE 5 ADDING CHAPTER 5.96 OF THE TULARE MUNICIPAL CODE PERTAINING TO MEDICAL MARIJUANA DISPENSARIES SECTION 1. Title 5 of the Tulare Municipal Code is hereby amended by the addition thereto of Chapter 5.96, which shall read as follows: Chapter 5.96 MEDICAL MARIJUANA DISPENSARIES 5.96.010 Purpose and Intent 5.96.020 Definitions 5.96.030 Enforcement of Chapter 5.96.040 Medical Marijuana Business Permit Required 5.96.050 Applications 5.96.060 Term, Renewals and Fees 5.96.070 Notification 5.96.080 Investigation and Action on Application 5.96.090 Grounds for Denial of Permit 5.96.100 Appeal from Denial 5.96.110 Suspension or Revocation of Permit 5.96.120 Judicial Review 5.96.130 Effect of Denial or Revocation 5.96.140 Operating Requirements 5.96.150 Zoning and Development Standards 5.96.160 Minors 5.96.170 Display of Permit 5.96.180 Transfer of Permits 5.96.190 Violations of Chapter: Enforcement 5.96.200 Severability 5.96.210 Existing Medical Marijuana Dispensaries; Time Limit for Filing Application for Permit Section 5.96.010 Purpose and Intent It is the purpose and intent of this ordinance to promote the health, safety, and general welfare of the residents and businesses within the city by regulating medical marijuana dispensaries. It is not the intent nor effect of this ordinance to restrict or deny qualified patients access to marijuana for medical purpose as intended by the passage of the Compassionate Use Act of 1996 and SB 420 in 2004. Neither is it the intent nor effect of this ordinance to condone or legitimize the use of marijuana. Section 5.96.020 Definitions All definitions set forth in Health & Safety Cope sections 11362.5 and 1136z. i er seq., as may be amended, including but not limited to the terms "attending physician", "person with an identification card", "serious medical conditions", shall apply under this Ordinance in addition to the definitions set for as follows: "Applicant" means a person who is required to file an application for a permit under this chapter, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee or agent of a Medical Marijuana Business. "City Planner" means the Planning and Building Director holding office in the City of Tulare or his or her designee. 1 380 "Medical Marijuana" is defined in strict accordance with California Health and Safety Code sections 11362.5, and 11362.7 et seq. "Medical Marijuana Dispensary" means any facility or location, whether fixed or mobile, where medical marijuana is made available to, distributed by, or distributed to one or more of the following: (1) a qualified patient, (2) a person with an identification card, or (3) a primary caregiver. All three of these terms are defined in strict accordance with California Health and Safety Code sections 1 / 362.5, and 11362.7 et seq. Unless otherwise regulated by this Code or applicable law, a 'medical marijuana dispensary" shall not inciude the following uses: a clinic licensed pursuant to Chapter i of Division 2 of the Health and Safety Code, a health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Cods, 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, a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code, a residential hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as any such use complies strictly with applicable law including, but not limited to, Health and Safety Code sections 11362.5, and 11362.7 et seq. "Medical Marijuana Businesses" means any Medical Marijuana Dispensary; any cultivation and/or processing of medical marijuana operations by primary caregivers for three or more qualified patients or persons with identification cards; or collective or cooperative cultivation operations. "Cultivation of Medical Marijuana" means the growing of medical marijuana for medical purposes as defined in strict accordance with California Health and Safety Code sections 11362.5, and 11362.7 et seq. "Collective or Cooperative Cultivation" means the association with California of qualified patients, per sons with valid identification cards, and designated primary caregivers to cultivate marijuana for medical purposes as defined in strict accordance with California Health and Safety Code sections 11362.5, and 11362.7 et seq. Processing of Medical Marijuana" means the harvesting of marijuana or the use of any process or equipment, including but not limited to dehydrators or humidifiers, that may be necessary to convert raw marijuana plants or plant parts into a consumable product. "Permittee" means the person to whom a Medical Marijuana Business permit is issued. 'Written Recommendation" shall have the same definition as California Health and Safety Code section 11362.7 et seq., and as may be amended. Section 5.96.030 Enforcement of Chapter. The City Planner of the City of Tulare shall have the responsibility and duty of enforcement of this Ci iapiei . Section 5.96.040 Medical Marijuana Business Permit Required. A. it shall be unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the City of Tulare the operation of a Medical Marijuana Business unless the person first obtains and continues to maintain in full force and effect a Medical Marijuana Business permit from the City of Tulare as herein required. B. A Medical Marijuana Business shall also be required to apply for and maintain a general City of Tulare business license as a prerequisite to obtaining a permit pursuant to the terms hereof. Section 5.96.050 Applications. A. The applicant for a Medical Marijuana Business permit shall submit to the City Planner or designee an application for a permit. The application shall be made under penalty of perjury and shall include the following information: 2 381 1. The full name, present address, and telephone number of the applicant; 2. The address to which notice of action on the application is to be mailed; 3. Previous addresses for the past five (5) years immediately prior to the present address of the applicant; 4. Written proof that the applicant is over the age of eighteen (18) years of age. 5. Applicant's height, weight, color of eyes and hair; 6. An identification photograph of the applicant; 7. All business, occupation, or employment of the applicant for the five years immediately preceding the date of the application; 8. The business license history of the applicant, including whether such person, in previously operating in this or another city, county or state under a license has had such license revoked or suspended, the reason therefore, and the business or activity or occupation subsequent to such action of suspension or revocation; 9. The name or names of the person or persons having the management or supervision of applicant's business; 10. Whether the person or persons having the management or supervision of applicant's business have been convicted of a crime(s), the nature of such offense(s), and the sentence(s) received therefore; 11. The name of all employees, independent contractors, and other persons who will work at the proposed Medical Marijuana Business; 12. The proposed security arrangements for ensuring the safety of persons, safe and secure storage of the marijuana, and to protect the premises from theft which shall be kept confidential and not disclosed to the public as the public interest is served in preserving the confidentiality of such security arrangements; 13. A sketch or diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the proposed Medical Marijuana Business. The sketch or diagram need not be professionally prepared, but must be drawn with marked dimensions of the interior of the premises; 14. A current and accurate straight-line drawing depicting the building and/or the portion thereof to be occupied by the proposed Medical Marijuana Business; 15. Authorization for the City of Tulare, its agents and employees to seek verification of the information contained within the application; 16. A statement In writing by the applicant that he or she certifies under penalty of perjury that all the information contained in the application is true and correct; and B. If the applicant has completed the application improperly, or if the application is incomplete, the City Planner or designee shall within ten (10) days of receipt of the original application, notify the applicant of such fact. C. The fact that an applicant possesses other types of state or City permits or licenses does not exempt the applicant from the requirement of obtaining a Medical Marijuana Business permit. Section 5.96.060 Term, Renewals and Fees. A. Unless otherwise suspended or revoked, a Medical Marijuana Business permit shall expire one (1) year following its issuance. An operator of a Medical Marijuana Business may re -apply for a permit for subsequent year(s). B. Every application for a permit or renewal shall be accompanied by a nonrefundable fee, as established by resolution adopted by the City Council from time to time. This application or renewal fee shalt not include fingerprinting, photographing or background check costs and shall be in addition to any other business license fee or permit fee imposed by this code or other governmental agencies. Section 5.96.070 Notification of Community. A. Within ten (10) calendar days of filing an application for a Medical Marijuana Business permit, the applicant shall provide the City Planner or designee with proof that all residents and property owners within 300 feet of the proposed premises have been notified in writing by U.S. mail of the applicant's intent to open such a business and filing of such application. 3 382 B. After the background checks and investigation are complete, and in no case later than forty-five (45) days after receipt of a completed application, the City Planner or designee shall determine whether to issue the Medical Marijuana Business permit. The City Planner or designee may grant the permit subject to conditions he or she deems reasonable under the circumstances to protect the public health, safety and welfare of the community. The City Planner or designee shall cause a written notice of his or her decision to issue or deny a permit to be delivered In person or mailed to the applicant by certified U.S. mai!, postage prepaid, return receipt requested. Section 5.96.090 Grounds for Dental of Permit. The grounds for denial of a permit shall be one or more of the following: A. The business or conduct of the business at a particular location is prohibited by any local or state law, statute, rule or regulation. B. The applicant has violated any local or state law, statute, rule or regulation relating to medical marijuana business. C. The applicant has knowingly made a false statement of material fact or has knowingly omitted to state a material fact in the application for a permit. D. The applicant, his or her agent or employees, or any person who is exercising managerial authority on behalf of the applicant has been convicted of a felony or of a misdemeanor involving moral turpitude, or has engaged in misconduct related to the qualifications, functions or duties of a permittee. A conviction within the meaning of this section means a plea or verdict of guilty or a conviction following a plea of nolo contendere. E. The applicant has engaged in unlawful, fraudulent, unfair, or deceptive business acts or practices. F. The applicant has committed any act, which, if done by a permittee, would be grounds for suspension or revocations of a permit. G. An applicant is under eighteen (18) years of age. H. The Medical Marijuana Business does not comply with the ordinance standards of the City of Tulare Municipal Code or to development standards sot forth in this Chapter. !. The required application or renewal fees have not been paid. Section 5.96.100 Appeal from [Denial. A. An applicant aggrieved by the decision of the City Planner or designee to deny a permit may appeal such decision to the City Council by filing a written notice with the City Clerk within ten (10) calendar days of service of the written notice of decision. if an appeal is not taken within such time, the City Planner's decision shall be final. B. Upon filing of a timely appeal, the permit application shall be scheduled by the City Clerk for a public hearing within forty-five (45) calendar days. C. Notioe of the hearing shall be given by the posting of notice on the premises where the activity is to be conducted for a period of not less than five (5) working days prior to the date of the hearing. In addition, a copy of the notice of hearing shall be mailed to the applicant at least five (5) working days in advance of the hearing. The City Council may give such additional notice of hearing as it deems appropriate in a particular case. D. Following public hearing, the City Council may grant the permit subject to such conditions as it deems reasonable under the circumstances to protect the public health, safety, and welfare of the community or it 4 383 may deny the issuance of the permit for any of the grounds specified in this Chapter. The decision of the City Council shall be final. Section 5.96.110 Suspension or Revocation of Permit. A. The City Planner or designee may suspend or revoke a permit when the permittee or the permitte's agent or employee has committed any one or more of the following acts: 1. Any act which would be considered a ground for denial of the permit in the first instance. 2. Violates any other provision of this Chapter or any local or State law, statute, rule or regulation relating to his or her permitted activity. 3. Engages in or permits misconduct substantially related to the qualification, functions or duties of the permitee. 4. Conducts the permitted business in a manner contrary to the health, safety, or welfare of the public. 5. Fails to take reasonable measures to control the establishment's patrons' conduct resulting in disturbances, vandalism, or crowd control problems occurring inside of or outside the premises, traffic control problems, or creation of a public or private nuisance, or obstruction of the business operation of another business 6. Violates or fails to comply with the terms and conditions or the permit. B. Prior to suspension or revocation, the City Planner or designee shall conduct a hearing. Written notice of the time and place of such hearing shall be served upon the permittee at least five (5) working days prior to the date set for such hearing. The notice shall contain a brief statement of the grounds to be relied upon for revoking or suspending the permit. Notice may be given either by personal delivery to the permittee or by certified U.S. Mail, postage prepaid, addressed to the permittee at his or her address as it appears in his application for the permit. C. If any permittee or person acting under the authority of a permittee is convicted of a public offense in any court for the violation of any law which relates to his or her permit, the City Planner or designee may immediately revoke the permit without any further action, other than giving notice of revocation to the permittee. In this circumstance, during the pendency of any appeal to the City Council, the permit shall not remain in effect. D. Any permittee aggrieved by the decision of the City Planner or designee in suspending or revoking a permit may, within ten (10) calendar days, appeal to the City Council by filing a written notice with the City Clerk. Unless otherwise stated in this Chapter, during the pendency of the appeal to the Council, the permit shall remain in effect. If such appeal is not taken within ten (10) days, the decision of the City Planner or designee shall be final. If an appeal is timely filed, the appeal shall be held in accordance with the procedures for considering an appeal of the denial of a permit. The City Council may suspend or revoke the permit for any of the grounds specified in this Chapter. The City Council's decision shall be final Section 5.96.120 Judicial Review. Judicial review of a final decision made under this Chapter may be had by filing a petition for a writ of mandate with the superior court in accordance with the provision of the California Code of Civil Procedure section 1094.5. Any such petition shall be filed within ninety (90) days after the day the decision becomes final as provided in Califomia Code of Civil Procedure section 1094.6, which shall be applicable for such actions. Section 5.96.130 Effect of Dental or Revocation. When the City Planner or designee has denied or revoked a permit and the time for appeal to the City Council has elapsed, or if after appeal to the City Council, the decision of the City Planner or desingee has been affirmed by the City Council, no new application for a permit shall be accepted from the applicant and no permit shall be issued to such person or to any corporation in which he or she shall have any beneficial interest for a period of one (1) year after the action denying or revoking the permit. 5 384 Section 5-96.140 Operating requirements. A Medical Marijuana Business, once permitted by the City Planner or Designee, shall meet the following operating standards for the duration of the use: A. A Medical Marijuana Business shall be open for business only between the hours of 8:00 a.m. and 8:00 p.m. on any particular day. B. A Medical Marijuana Business shall raintain a current register of the names of aii empioyees empioyed by the Business. C. A Medical Marijuana Business shall maintain a current register of all qualified patients, persons with identification cards and primary caregivers to whom it provides or distributes medical marijuana. Once documented the qualified patients, persons with identification cards and primary caregivers shall be "registered" patrons of the Business. The Business's register shall be subject to periodic inspection to ensure compliance with the state law. The Business shall further maintain records of all patients and primary caregivers using the identification card number only when issued by the county, or its agent, pursuant to California Health and Safety Code section 11362.7 et seq., so as to a protect the confidentiality of the cardholders, or a copy of the written recommendation from a physician stating the need for medical marijuana. D. A Medical Marijuana Business shall post a sign, either at the building entrance or inside at the entrance, with a notice indicating that persons under the age of eighteen (18) years are precluded from entering the premises unless they are a qualified patient and they are in the presence of their parent or guardian. A Medical Marijuana Dispensary may not possess more than eight (8) ounces of dried marijuana per registered qualified patient or primary caregiver on the premises However, if a qualified patient or primary caregiver has a doctor's recommendation that this quantity does not meet the qualified patient's medical needs, the dispensary may increase the amount of dried marijuana per the doctor's recommendation, the dispensary may not posses an amount of marijuana in excess of the registered patient's needs. F. No marijuana shall be smoked, ingested or otherwise consumed on the premises of the Business. The term "premises" includes the actual building, as welt as any accessory structures, parking areas, or other immediate surroundings. The building entrance to a Medical Marijuana Business shall be clearly and legibly posted with a notice indicating that smoking, ingesting or consuming marijuana on the premises or in the vicinity of the Business is prohibited. G. Any cultivation of medical marijuana or processing of medical marijuana conducted by the Business shall at all times occur in a secure, locked, and fully enclosed structure. No Medical Marijuana Business may cultivate or process more than 99 marijuana plants, whether mature or immature. H. No Modica! Marijuana Business shall hold or maintain a license from the Stele Department of Alcohol Eseverage Control to sell alcoholic beverages, or operate a business that sells alcoholic beverages. in addition, alcohol shall not be provided, stored, kept, located, sold, dispensed, or used on the premises of the Business. I. No Medical Marijuana Business shall conduct or engage in the commercial sale of any product, good or service. The term "commercial sale" does not include the provision of medical marijuana on terms and conditions consistent with this Chapter and the Compassionate Use Act of 1998, and any amendments thereto. J. A Medical Marijuana Business shall provide adequate security on the premises, Including lighting and alarms, to ensure the safety of persons and to protect the premises from theft. K. A Medical Marijuana Business shall provide litter removal services once during each day of operation on and in front of the premises and, if necessary, on public sidewalks within one hundred (100) feet of the premises. 6 385 L A Medical Marijuana Business shall not cultivate, distribute or sell medical marijuana for a profit. A Business may receive compensation for its actual expenses, including reasonable compensation for service provided, or for payment of out-of-pocket expenses incurred in providing those services. However, any such Business must pay applicable sales tax on such sales or services and maintain the applicable seller's permit or similar permit from the State Franchise Tax Board or other applicable agency. M. A Medical Marijuana Business shall meet all the operating criteria for the dispensing of medical marijuana as required pursuant to California Health and Safety Code sections 11362.5 and 11362.7 et seq. N. Each Medical Marijuana Business shall allow the City Planner or designee to have access to the Business's books, records, accounts, and any and all data relevant to its activities for the purposes of conducting an audit or examination. Books, records, accounts, and any and all relevant data shall be produced no later than 24 hours after receipt of the City Planner's written request(s). O. The Medical Marijuana Business shall meet any specific additional operating procedures and measures as may be imposed as conditions of approval by the City Planner or designee to ensure that operations of the Business is consistent with protection of the health, safety and welfare of the community, qualified patients and primary caregivers, and will not adversely affect surrounding uses. P. The building in which the Medical Marijuana Business is located shall comply with all applicable local, state and federal rules, regulations and laws including, but not limited to, building codes and the Americans with Disability Act, as certified by the Building Official of the City. Q. Any marijuana provided by a Medical Marijuana Business for the purpose of consumption by the recipient shall be contained in a package that includes, in a conspicuous location, the following warning: "Smoking may be hazardous to the health of the consumer, and smoking by pregnant women may result in fetal injury, premature birth and low birth weight. Further, ingestion of marijuana in any form may be hazardous to the health of the consumer and may impair the judgment of the consumer." R. A Medical Marijuana Business that provides marijuana in the form of food or other comestibles shall obtain and maintain the appropriate licenses from the County Health Department for the provisions of food or other comestibles. S. A Medical Marijuana Business shall provide to the City Planner or designee, upon request, written evidence to the City Planner or designee's reasonable satisfaction, that the Business is not engaged in interstate commerce. T. No Medical Marijuana Business shall sell or display any drug paraphernalia as defined in California Health and Safety Code section 11364, e t seq., or any implement that may be used to administer, use, consume, smoke or ingest medical marijuana. Failure to comply with any of the above operating requirements shall result in the revocation of any permit issued. Section 5.96.150 Zoning and Development Standards. The provisions of Chapter 10.168.09 of Title 10 ("Zoning") of the Municipal Code are applicable to Medical Marijuana Dispensaries and compliance with those provisions shall be considered additional requirements for a permit required by this Chapter. Section 5.96.160 Minors. A. It shall be unlawful for any permittee, operator, or other person in charge of any Medical Marijuana Business to employ any person who is not a least eighteen (18) years of age. B. Persons under the age of eighteen (18) years shall not be allowed on the premises of a Medical Marijuana Business unless they are a qualified patient and they are in the presence of their parent or guardian. 7 386 Section 5.96.170 Display of permit. Every Medical Marijuana Business shall display at all times during business hours the permit issued pursuant to the provisions of this Chapter in a conspicuous place so that the same may be readily seen by all persons entering the Medical Marijuana Business. Section 5.96.180 Transfer of permits. A. A permittee shall not operate a Medical Marijuana Business under the authority of a Medical Marijuana Business permit at any place other that the address of the Medical Marijuana Business stated in the application for the permit. B. A permittee shall not transfer ownership or control of a Medical Marijuana Business permit to another person unless and until the transferee obtains an amendment to the permit from the City Planner or designee stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the City Planner or designee in accordance with this Chapter and accompanies the application with the transfer fee in an amount set by the resolution of the City Council, and the City Manger determines that the transferee would be entitled to the issuance of an original permit. C. No permit may be transferred when the City Planner or designee has notified the permittee that the permit has been or may be suspended or revoked. D. Any attempt to transfer a permit either directly or indirectly in violation of this section is hereby declared void, and the permit shall be deemed revoked. Section 5.96.190 Violations of Chapter: Enforcement. A. Any person that violates any provision of this Chapter shall be guilty of a separate offense for each and every day during any portion of which any such person commits, continues, permits, or causes a violation thereof, and shall be penalized accordingly. B. Any use of condition caused or permitted to exist in violation of any of the provisions of this Chapter shall be and is hereby declared a public nuisance and may be summarily abated by the City pursuant to the City of Tulare Municipal Code. C. Any person who violates, causes, or permits another person to violate any provision of this Chapter commits a misdemeanor. D. The violation of any provisions of this Chapter shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of City, create a cause of action for injunctive relief. ,.,,... In addition to the civil remedies and iiiiu uI Nviultice s..Na forth above, any person that violat ee the provisions of this Chapter may be subject to administrative remedies as set forth by City ordinance. Section 5.96.200 Sewerebility. The provisions of this Chapter are hereby declared to be severable. If any provision, clause, word, sentence, or paragraph of this Chapter or the application thereof to any person, establishment, or circumstances shall be held Invalid, such invalidity shall not affect the other provisions of this Chapter. Section 5.96.210 Existing Medical Marijuana Dispensaries; Time Limit for Filing Application for Permit. The continued operation of a Medical Marijuana~ Business in existence before the effective date of this Chapter without having applied for a permit obtained pursuant to the provisions of this Chapter for more than ninety (90) days after the effective date of this Chapter shall constitute a violation of this Chapter. 8 387 Section 2. This Ordinance shall be in full force and effect thirty (30) days from and after its adoption. Section 3. The City Clerk is hereby authorized and directed to publish this Ordinance by one insertion in a newspaper of general circulation in the City of Tulare within ten (10) days of it passage to print. PASSED, ADOPTED AND APPROVED this ATTEST: Chief Deputy City Clerk and Clerk of the Council of the City of Tulare 9 day of , 2006. President of the Council and Ex- Officio Mayor of the City of Tulare 388 ORDINANCE NO. 759 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF FAIRFAX REGULATING MEDICAL MARIJUANA DISPENSARIES, TOWN CODE CHAPTER 17.190 The Town Council of the Town of Fairfax does hereby ordain as follows: SECTION 1: TOWN CODE AMENDED The following is added as a new Chapter 17.110 of the Town Code: 17.110.010 Purpose and intent. It is the purpose and intent of this chapter to regulate medical marijuana (cannabis) dispensaries in order to promote the health, safety, morals, and general welfare of residents and businesses within the Town. Interpretation and Applicability. (A) No part of this ordinance shall be deemed to conflict with federal law as contained in the Controlled Substances Act, 21 U.S.C. section 800, et seq., or to otherwise permit any activity that is prohibited under that Act or any other local, state or federal law, statute, rule or regulation. The distribution of medical cannabis in the Town of Fairfax is controlled by the provisions of this chapter of the Fairfax Town Code. (B) Nothing in this ordinance is intended, nor shall it be construed, to limit the provisions of Chapter 9.6 of the Fairfax Town Code, or to limit the right to use or possess marijuana for medical purposes, or to limit any defense to criminal prosecution otherwise afforded by California law. (C) Provided compliance Is maintained with this ordinance, nothing in this ordinance is intended, nor shall it be construed, to preclude a landlord from limiting cannabis cultivation, smoking or other related activities by tenants othenwlae permitted by law. (D) Nothing in this ordinance is intend, nor shall it be construed, to exempt any cannabis related activity from any and all applicable local and state construction, electrical, plumbing, land use, or any other building at land use standards or permitting requirements. (E) Nothing is this ordinance is intended, nor shall it be construed, to make legal any cultivation, transportation, sale, or other use of cannabis that is otherwise prohibited under California law. (F) All sale and distribution of medical cannabis within Town limits shall be subject to the provisions of this chapter, regardless if the processing or distribution existed or occurred prior to adoption of this chapter. Ord 759 Marijuana Regulations 5 4 I 1.doo 1 389 17.110.020 Definitions. For the purpose of this chapter, the following words and phrases shall mean: (A) "Accessory building" shall have the same meaning as set forth in Town Code Section 17.08.020. (B) "Applicant" means a person who is required to file an application for a permit under this chapter, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of a dispensary. (C) "Town" means the Town of Fairfax. (D) 'Town Manager means the Town Manager of the Town of Fairfax or the authorized representative thereof. (E) "Identification card" shall have the same definition as California Health and Safety Code Section 11362.7, and as may be amended. (F) °Medical cannabis dispensing collective," shall be construed to include any association, cooperative, affiliation, or collective of persons where multiple qualified patients and/or primary care givers are organized to provide education, referral, or network services, and facilitation or assistance in the lawful, retail distribution of medical cannabis. (G) "Medical cannabis patient collective," shall be construed to include any association, cooperative, affiliation, or collective of persons where multiple qualified patients and/or primary care givers are organized to provide education, referral, or network services, and facilitation or assistance in the lawful, but not retail, distribution of medical cannabis. (H) "Dispensary" means any medical cannabis dispensing collective, any medical cannabis patient collective, or any facility or location where the primary purpose is to dispense medical cannabis (i.e., marijuana) as a medication that has been recommended by a physician and where medical cannabis is made available to and/or distributed by or to two or more of the following: a primary caregiver and/or a qualified patient, in strict accordance with California Health and Safety Code Section 11362.5, et seq. A dispensary shall not include dispensing by primary caregivers to qualified patients in the following locations and uses, as long as the location of such uses are otherwise regulated by this Code or applicable law: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, 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, residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code, a residential hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as any such use complies strictly with applicable law including, but not limited to, Health and Safety Code Section 11362.5, et seq., or a qualified patient's or caregiver's place of residence. (1) "Permittee" means the person (1) to whom a dispensary permit is issued and (2) who is identified in California Health and Safety Code Section 11362.7, subdivision (c), (d), (e) or (f). Ord 759 Marijuana Regulations 5 4 l l.doc 2 390 (.1) 'Person" means any individual, partnership, co -partnership, firm, association, Joint stock company, corporation, limited liability company or combination of the above in whatever form or character. (K) "Person with an identification card" shall have the same definition as set forth in California Health and Safety Code Section 11362.5, et ., and as it may be amended from time to time. (L) "Physician" shall include licensed medical doctors (M.D.) and doctors of osteopathic medicine (D.©.) as defined in the California Business and Professions Code. (M) "Primary caregiver' shall have the same definition as setforth in California Health and Safety Code Section 11362.7, and as it may be amended from time to time. (N) "Qualified patient' shall have the sarne definition as set forth in California Health and Safety Code Section 11362.7, at seq., and as it may be amended from time to time. (0) "School" means any public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, but does not include any private school in which education is primarily conducted in private homes. 17.110.030 Dispensary Permit Required to Operate. It is unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the Town the operation of a dispensary unless the person first obtains and continues to maintain in full force and effect a dispensary Use Permit from the Town as required in this chapter. 17.110.040 Term of Permits and Renewals Required. (A) A Use Permit issued under this chapter shall expire two years following the date of its issuance. (B) A Use Permit may be renewed by the Director of Planning for additional two-year periods upon application by the permitter, unless the permit is suspended or revoked in accordance with the provisions of this chapter. (C) Applications for renewal shall bo rnado at least 45 days before the expiration date of the permit and shall be accompanied by a nonrefundable application fee as spelled_ in section 17.110.060. Applications for renewal shall be acted upon in the same manner provided herein for applications for permits. (D) A pilcatians for renewal made less than 45 days before the expiration date shall not stay the expiration date of the permit. (E) Permits may be revoked or suspended by the Town, as provided in this chapter and Town Code. 17.110.060 General Tax Liability. As a prerequisite to obtaining a permit pursuant to the terms of Chapter 17.110, an operator of a dispensary shall also be required to apply for and obtain a Business Ord 759 Tijuana Regulations 5 4 11.doc 3 391 License as required by the State Board of Equalization. Dispensary sales shall be subject to sales tax consistent with California law. 17.110.080 imposition of Fees. Every application for a permit or renewal shall be accompanied by an application fee, the amount of such fee to be established and revised from time to time by resolution of the Town Council. This application or renewal fee shall not include the cost of fingerprinting, photographing, and background checks, which shall be in addition to any other business license fee or permit fee imposed by this code or other governmental agencies. 17.110.070 Limitations on Number of Dispensaries. The Planning Commission may not grant or cause to be granted more than three (3) permits for medical cannabis dispensaries in the Town, in compliance with the provisions of this chapter, and/or prior to adoption of the provisions of this chapter. 17.110.080 Limitation on Location of Dispensary. (A) A dispensary shall be located only within a Central Commercial CC, Highway Commercial CH, and Light Commercial CL area, as designated in the General Plan and Zoning map. (B) The primary entrance shall be located and maintained free of barriers, landscaping and similar obstructions so that it is visible from public streets, sidewalks or driveways. (C) A dispensary shall not be allowed in the following areas at the time of its permitted establishment: (1) Within 600 feet of a school; or (2) Within arty residentially -zoned parcel or within any parcel with a primarily residential land use; or (3) On a parcel directly abutting a residentially -zoned property, unless there is a fence or an intervening natural landform between the commercial property and the residential property such as a creek or significant undeveloped parcel of land. (D) The distance between a dispensary and areas of the above listed uses shall be made in a straight line from the boundary line of the property on which the dispensary Is located to the boundary of the property on which the facility, building or structure, or portion of the building or structure of the above listed use is located. (E) A waiver of the provisions in subsection (C)(2) or (C)(3) of this section may be granted if, on plans and materials presented for review, the applicant demonstrates and the Planning Commission determines that a physical barrier or similar condition exists which achieves the same purpose and intent as the distance separation requirements established herein. 17.110.090 Operating Requirements. Ord 759 Marijuana Regulations 5 4 11.doc 4 392 Dispensary operations shall be established and managed only in compliance with the following standards: (A) Criminal History. No applicant, his or her agent or employees, volunteer workers, or any person exercising manageriai authority of a dispensary on behalf of the applicant shall have been convicted of a felony, or of a misdemeanor involving moral turpitude, or is on probation for a drug offense, or engaged in misconduct related to the qualifications, functions or duties of a permittee. A conviction within the meaning of this seotion means a plea or verdict of guilty or a conviction following a plea of no contest. The Police Chief, in his or her discretion, may require a dispensary to conduct annual criminal background checks for al! employees to ensure compliance with this paragraph. (S) Minors. (1) it is unlawful for any permlttee, operator, or other person in charge of any dispensary to employ any person who is not at feast 18 years of age. (2) Persons under the age of 18 shall not be allowed on the premises of a dispensary unless they are a qualified patient, and they are in the presence of their parent or guardian. (3) The entrance to a dispensary shall be clearly and legibly posted with a notice indicating that any person under the age of 18 is precluded from entering the premises unless such person is a qualified patient and is in the presence of his/her parent or guardian. (C) Operating Hours. Unless the reviewing authority imposes more restrictive hours due to specific considerations for a particular application, a dispensary shall only be operated within the following days and hours: (1) 9:00 a.m. to 9:00 p.m. (2) Christmas Day, Thanksgiving Day, New Years Day, Memorial Day, Labor Day, and 4s' of July: closed. (D) Dispensary Size and Access. (1) The dispensary size shall not exceed 1,500 square feet exclusive of pastoern faciraea, unless specifically authorized by the approving authority. Dispensary size shall be limited, as deemed appropriate and necessary, to best serve patient needs within the Intent of this chapter and to reduce potential adverse impacts that might otherwise occur on surrounding neighborhoods, businesses and Town services. (2) A dispensary shall not be incr ced in size without a prior approval amending the existing dispensary permit. (3) Dispensary personnel shall monitor site activity, control loitering and site access. (4) Only dispensary staff, primary caregivers, qualified patients and persons with bone fide purposes for visiting the site shall be permitted at a dispensary. (5) Potential patients or caregivers shall not visit a dispensary without first having obtained a valid written recommendation from their physician recommending use of medical cannabis. Ord 759 Marijuana Regulations 5 4 11.cioc 5 393 (6) Only a primary caregiver and qualified patient shall be permitted in the designated dispensing area with dispensary personnel. All other authorized visitors shall remain outside, or in a designated waiting area in the front entrance/lobby. (E) That adequate parking will be provided in accordance with Town Code section 17.052.030(F) for retail and personal service stores at a rate of three (3) spaces for the first 500 square of gross floor area and one (1) space for each additional 500 square feet thereafter. (F) Dispensary Supply. A dispensary may possess no more than one ounce of dried cannabis per qualified patient or primary caregiver. However, if a qualified patient or primary caregiver has a physician's recommendation that this quantity does not meet the qualified patient's medical needs, the dispensary may possess an amount of cannabis consistent with the patient's needs. (G) Dispensing Operations. (1) A dispensary shall only dispense to qualified patients or caregivers with: (a) A currently valid California Medical Marijuana Identification Card issued by the State of California, a county or a county -designated entity In accordance with California Health & Safety Code Section 11362.7 (identification Card"); or (b) A current, written physician's recommendation that is confirmed by telephone. The permittee shall maintain a written record of the telephone verification, Including the name of the employee who made the telephone call and the name and contact information of the person who verified the physician's recommendation. (2) A dispensary shall not have a physician on -site to evaluate patients and provide a recommendation for medical cannabis. (H) Record Keeping. (1) Patient Records. Patient records shall be maintained and verified as needed, and at least annually verified with the qualifying patient's medical doctor or doctor of osteopathy unless the patient has provided an Identification Card. The dispensary shall comply fully with HIPAA and any other federal or state law protecting the privacy of medical records and information on patient health conditions. (2) Employee Records. Each owner or operator of a dispensary shall maintain a current register of the names of ail volunteers and employees currently working at or employed by the dispensary, and shall disclose such registration for inspection by any Town officer or official for purposes of determining compliance with the requirements of this section. In addition, all employees shall have a valid form of identification issued by the State of California while present at the dispensary. (3) Stock. The permittee will record the total gross weight of all marijuana possessed at the dispensary that is no longer affixed to any living marijuana plant at the close of each business day. In addition, the permittee shall record the total numbers of cloned live marijuana plants being stored or offered for sale. Ord 759 Marijuana Regulations 5 4 11.doc 6 394 (4) Receipts. The permittee, or nis or her employee, shall record upon an individual receipt the membership number of the person obtaining the marijuana. the amount of marijuana purchased, the amount paid for the marijuana, and the time and date the marijuana was dispensed. (5) Financial Records. (a) Permittee shall maintain financial records identifying information for all savings accounts, cheddng accounts, investment accounts and trusts associated with the operation of the dispensary. Permittee shall maintain ledgers documenting all credits and debits affecting said accounts. Permittee shall maintain records documenting ail parties involved in, amounts of and purposes, for all cash transactions. (b) Permittee shall maintain records of ail transactions related to the operation of the dispensary, including but not limited to rent, utilities, inventory, insurance and payroll. (6) Cultivation sites. Permittee shall maintain the records regarding the actual address, including Assessor's Parcel Number, of each site within the Town limits where medicinal marijuana is cultivated, grown and/or harvested on behalf of the dispensary. The cultivation site(s) identified pursuant to this section shall not be in areas zoned as residential, as more specifically outlined in 17.110.80. (7) Storage of Records. Permittee shall maintain all of the required records at the dispensary site or in secured, accessible storage at ail times. All required records shall be subject to inspection by the Clef of Police, or his designee, during the time the dispensary is open for business. (8) Audit. As an alternative to police inspection, the Town may request that an audit of receipts be conducted by a Certified Public Accountant (CPA) chosen by the Town and paid for by the permittee. The permittee shall provide a summary of the report to the Town. (I) Consumption Restrictions. Cannabis shall not be consumed by patients on the premises of the dispensary. The tern "premises` includes the Tars al building, as well as any accessory structures, parking areas, or other inure u heir within 200 feet of the dispensary's entrance. (J) Retail Sates (1) Only immature, non -flowering, cloned, live marijuana plants measuring less than 12 inks In bight may be stored and sold on site. (2) Except for the immature nursery stock cannabis plants described above, the dispensary shall not cultivate, store, or sell love cannebls plants. (3) With the approval of the Planning Commission a dispensary may conduct or engage in the commercial safe of specific products, goods or services ancillary to the provision of medical cannabis and other items permitted by these regulations on terms and conditions consistent with this chapter and applicabie law. (4) If food products are sold the site must be inspected and approved for food sales by the Marin County Health Departmnent. Ord 759 Marijuana Regulations 5 4 11.doc 7 39s (5) Display and sales of devices necessary for administering medical cannabis, shall be limited to including but not limited to rolling papers and related materials and devices, pipes, water pipes, and vaporizers. Such devices may only be provided to qualified patients or primary caregivers and only in accordance with California Health and Safety Code Section 11364.6. (6) A dispensary shall not distribute or sell medical cannabis for a (7) A dispensary shall not pay any supplier(s) of medical cannabis more than the costs incurred for cultivation and preparation. (8) A dispensary shall meet all the operating criteria for the dispensing of medical cannabis as is required pursuant to California Health and Safety Code Section 11362.5, et seq. (K) Operating Plans. (1) Floor Plan. A dispensary shall have a lobby waiting area at the entrance to receive clients, and a separate and secure designated area for dispensing medical cannabis to qualified patients or designated caregivers, The primary entrance shall be located and maintained clear of barriers, landscaping and similar obstructions so that it is clearly visible from public streets, sidewalks or site driveways. (2) Storage. A dispensary shall have suitable locked storage on premises, identified and approved as a part of the security plan, for after-hours storage of medical cannabis. (3) Minimum Staffing Levels. The premises shall be staffed with at least one person during hours of operation that shall not be responsible for dispensing medical cannabis. (4) Odors Control. A dispensary shall have an air treatment system that ensures off -site odors shall not result. (5) Security Plans. A dispensary shall provide adequate security on the premises, and be reviewed by the Planning Commission, including lighting and alarms, to insure the safety of persons and to protect the premises from theft. (6) Any dispensary shall be equipped with an operable alarm system that at a minimum will protect the perimeter of the dispensary and the location within the structure where medicinal marijuana is stored, packaged or dispensed. (7) Alarm System. Professionally monitored robbery alarm and burglary alarm systems shall be installed and maintained in good working condition. (8) Emergency Contact. A dispensary shall provide the Chief of Police, Town Manager and the Director of Planning and Building Services with the name, phone number and facsimile number of an on -site community relations staff person to whom one can provide notice if there are operating problems associated with the dispensary. The dispensary shall make every good faith effort to encourage neighborhood residents to call this person to try to salve operating problems, if any, before any calls or complaints are made to the Town. (L) Signage and Notices. profit. Ord 759 Marijuana Regulations 5 4 11.doc 8 396 (1) A notice shall be dearly and legibly posted In the dispensary indicating that smoking, Ingesting or consuming cannabis on the premises or in the vicinity of the dispensary is prohibited. (2) Signs on the premises shall not obstruct the entrance or windows. (3) Address Identification shall comply with Fire Department illuminated address signs requirements. (4) Business identification signage shall contain the business name only, be limited to that information needed for identification only, and shall consist of a single window sign or wall sign that shall not exceed six square feet in area. Signs shall comply with all ordinances and not contain any logos or Information that identifies, advertises or lists the services or products offered. (M) Staff Training. Dispensary staff shall receive appropriate training for their intended duties to ensure understanding of rules and procedures regarding dispensing in compliance with state and local law, and security personnel shall be properly trained. (N) Compliance with Other Requirements. The operator shall comply with all provisions of all local, state or federal laws, regulations or orders, as well as any condition imposed on any permits issued pursuant to applicable laws, regulations or orders. (0) Alcoholic Beverages. No dispensary shall hold or maintain a license from the State Division of Alcoholic Beverage Control for the sale of alcoholic beverages, or operate a business on the premises that sells alcoholic beverages. No alcoholic beverages shall be allowed or consumed on the premises. (P) No person shall operate, or own a financial interest in, more than one Dispensary with the Town. 17.110.100 Criteria for Review. The Planning Commission shall consider the following criteria in determining whether to grant or deny a dispensary permit, and renewals: (A) That the dispensary permit is consistent wlh the intent of Proposition 215 and related California law, the provisions of this chapter and the Town Cie, including the application submittal and operating requirements herein. (B) That the dispensary location is not identified as having significant crime issues (e.g., based upon c imme reporting distric`/stet:tics as maintained by the Police Department). (C) That there have not been significant numbers of calls for police service, crimes or arrests in the area or to an existing dispensary location. (D) That an applicant or employee Is not under 18 years of age. (E) That all required application materials have been provided and/or the dispensary has operated successfully in a manner that shows it would comply with the operating requirements and standards specified in this chapter. Ord 759 Marijuana Regulations 5 4 11.doc 9 397 (F) That all required application or annual renewal fees have been paid and reporting requirements have been satisfied in a timely manner. (G) That an appropriate limit on size of the dispensary has been established and the requested permit would not exceed limitations on number of permits allowed by this chapter. (H) That the location is not prohibited by the provisions of this chapter or any local or state law, statute, rule or regulation and no significant nuisance issues or problems have resulted or are anticipated. (I) That the site plan, floor plan, and security plan have incorporated features necessary to assist in reducing potential crime -related problems as specified in the operating requirements section. These features may include, but are not limited to, - security on -site; procedure for allowing entry; openness to surveillance and control of the premises, the perimeter, and surrounding properties; reduction of opportunities for congregating and obstructing public ways and neighboring property; illumination of exterior areas; and limiting furnishings and features that encourage loitering and nuisance behavior. (J) That no dispensary use, owner, permittee, agent, or employee has violated any provision of this chapter including grounds for suspension, modification or revocation of a permit. (K) That all reasonable measures have been incorporated into the plan and/or consistently taken to successfully control the establishment's patrons' conduct resulting in disturbances, vandalism, crowd control Inside or outside the premises, traffic control problems, cannabis use in public, or creation of a public or private nuisance, or interference of the operation of another business. (L) That the dispensary would not adversely affect the health, peace or safety of persons living or working in the surrounding area, overly burden a specific neighborhood with special needs or high impact uses, or contribute to a public nuisance; or that the dispensary has resulted in repeated nuisance activities including disturbances of the peace, illegal drug activity, cannabis use In public, harassment of passers-by, excessive littering, excessive loitering, illegal parking, excessive loud noises, especially late at night or early in the morning hours; lewd conduct, or police detentions or arrests. (M) That any provision of the Town Code or condition imposed by a Town - issued permit, or any provision of any other local or state law, regulation, or order, or any condition imposed by permits issued in compliance with those laws has not been violated. (N) That the applicant has not violated any local or state law, statute, rule or regulation respecting the distribution, possession, or consumption of cannabis. (0) That the applicant has not knowingly made a false statement of material fact or has knowingly omitted to state a material fact In the application for a permit (P) That the applicant, his or her agent or employees, or any person who is exercising managerial authority on behalf of the applicant, has not been convicted of a felony, or of a misdemeanor involving moral turpitude, or has engaged in misconduct related to the qualifications, functions or duties of a permittee. A conviction within the Ord 759 Marijuana Regulations 5 4 11.doc 10 398 meaning of this section means a plea or verdict of guilty or a conviction following a plea of nolo contendere. (Q) That the applicant has not engaged in unlawful, fraudulent, unfair, or deceptive business acts or practices. 17.1 10.110 investigation and Action on Application. After the making and filing of a complete application for the dispensary permit and the payment of the fees, the Police Department shall conduct a background check of the applicant and ail employees and conduct an investigation of the application, and take action as follows: (A) The Planning Department shall refer the application to any other Town departments as necessary to complete the review of the application. (B) Following the provision of complete application materials and inter- departmental review, the Planning Department shall schedule the Use Permit for Planning Commission review. The Commission shall either grant or deny the application in accordance with the provisions of this chapter. (C) In approving a dispensary permit, the Planning Commission may impose conditions, restrictions or require revisions to the proposal to comply with the purpose and intent of this chapter. (D) The Planning Department shah cause a written notice of the Commission's decision to issue or deny a permit to be mailed to the applicant by U.S. mail. 17.110.120 Appeal from Planning Commission Determination. (A) An applicant may appeal any determination of staff to the Planning Commission. (B) An applicant aggrieved by the Planning Commission's derision to issue or deny a permit may appeal such decision to the Town Council by filing an appeal pursuant to Chapter 17.320 of the Town Code. 17.11 0.130 Effect of Denial. When the Planning Commission shall have denied or revoked any permit provided for in this chapter and the time for appeal to the Council shall have elapsed or, if after appeal to the Council, the decision of the Planning Commission has been affirmed by the Council, no new application for a permit shall be accepted from the applicant and no such permit shall be issued to such person or to any corporation In which he shall have any beneficial interest for a period of three years after the action denying or revoking the permit. 17.110.140 Suspension and Revocation. (A) Consistent with Chapter 17.250, any permit issued under the terms of this chapter may be suspended or revoked by the Planning Commission when it shall appear Ord 759 Morijuvat lizgulatiew 5 411.E 399 400 to the Commission that the permittee has violated any of the requirements of this chapter or the dispensary is operated in a manner that violates the provisions of this chapter, including the criteria for review and operating requirements sections, or conflicts with California law. (B) Except as otherwise provided in thls chapter, no permit shall be revoked or suspended by virtue of this section until written notice of the intent to consider revocation or suspension of the permit has been served upon the person to whom the permit was granted at least five days prior to the date set for such review. Such notice shall contain a brief statement of the grounds to be relied upon for revoking or suspending such permit. Notice may be given either by personal delivery to the person to be noticed, or by depositing it In the U.S. Mail in a sealed envelope, poatage prepaid, return receipt requested, addressed to the person to be notified at his/her address as It appears In his/her application for a permit. (C) if any person holding a permit or acting under the authority of such permit under this chapter is convicted of a public offense in any court for the violation of any law which relates to his or her permit, the Town Manager may revoke such permit forthwith without any further action thereof, other than giving notice of revocation to the permittee. 17.110.150 Transfer of Permits. (A) A permittee shall not operate a dispensary under the authority of a dispensary permit at any place other than the address of the dispensary stated in the application for the permit. (B) A permittee shall not transfer ownership or control of a dispensary or transfer a dispensary permit to another person unless and until the transferee obtains a Use Permit. (C) No permit may be transferred when the Planning Director has notified the permittee that the perrvmlt has bean or may be suspended or revoked. (D) Any attempt to transfer a permit either directly or indirectly in violation of this section is declared void, and the permit shall be deemed revoked. 17.110.1110 Violations. (A) It is uniawfui for any person, individual, partnership, co -partnership, firm, association, joint stock company, corporation, limited liability company or combination of the above in whatever form or character to violate any provision or fail to comply with any of the r ,uirements of this chpter. (B) A violation of this chapter shall be subject to the criminal, civil, or administrative penalties specified in Town Code Chapter 1.10. 17.110.170 Remedies Cumulative. All remedies prescribed under this chapter shell be cumulative and the use of one or more remedies by the Town shall not bar the use of any other remedy for the purpose of enforcing the provisions hereof. Ord 759 Marijuana Regulations s 4 i Law 12 401 17.110.180 Separate Offense for Each Day. Any person that violates any provision of this chapter shall be guilty of a separate offense for each and every day during any portion of which any such person commits, continues, permits, or causes a violation thereof, and shall be penalized accordingly. 17.110.190 Hold Harmless. As a condition of approval of any permit for medical cannabis cultivation, processing or distribution, the permittee shall indemnify, defend and hold harmless the Town of Fairfax and its agents, officers, elected officials and employees for any claims, damages, or injuries brought by adjacent or nearby property owners or other third parties due to permitted uses or operations, and in the case of dispensaries, for any claims brought by any of the permittee's clients or employees for problems, injuries, damages, or liabilities of any kind that may arise out of the permitted activities. 17.110.200 Public Nuisance. Any use or condition caused or permitted to exist in violation of any of the provisions of this chapter shall be and is declared a public nuisance and may be summarily abated by the Town. 17.110.210 Severability. The provisions of this chapter are declared to be severable. If any provision, clause, word, sentence, or paragraph of this chapter or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this chapter. 17.110.220 Judicial Review. Judicial review of a decision made under this chapter may be had by filing a petition for a writ of mandate with the superior court in accordance with the provisions of the California Code of Civil Procedure Section 1094.5. Any such petition shall be filed within 90 days after the day the decision becomes final as provided in California Code of Civil Procedure Section 1994.6 which shall be applicable for such actions. SECTION II. EFFECTIVE DATE Copies of the foregoing ordinance shall, within fifteen (15) days after its final passage and adoption, be posted in three public places in the Town of Fairfax, to wit: a. Bulletin Board, Fairfax Town Offices, Town Hall; b. Bulletin Board, Fairfax Post Office; and c. Bulletin Board, Fairfax Women's Club Building, which said places are hereby designated for that purpose, and shall be in full force and effect thirty (30) days from after its final passage and adoption. Ord 759 Marijuana Regulations 5 41 l .doc 13 402 SECTION HI: VOTE The foregoing Ordinance No. 759, amending the Fairfax Town Code, was duly and regularly introduced at a regular meeting of the Town Council of the Town of Fairfax held on April 6, 2011, and was duly passed and adopted at a regular meeting held on May 6, 2011, by the following vote to wit: AYES: NOES: ABSENT: ATTEST: Town Clerk, Judy Anderson MAYOR TARRY SRAGMAN Ord 759 Marijuana Regulations 5 4 11.doc 14 403 ORDINANCE NO. 769 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF FAIRFAX REGULATING MEDICAL MARIJUANA DISPENSARIES, TOWN CODE CHAPTER 17.100 The Town Council of the Town of Fairfax does hereby ordain as follows: SECTION 1: TOWN CODE AMENDED The following is added as a new Chapter 17.110 of the Town Code: 17.110.010 Purpose and Intent. It is the purpose and intent of this chapter to regulate medical marijuana (cannabis) dispensaries in order to promote the health, safety, morass, and general welfare of residents and businesses within the Town. Interpretation and Applicability. (A) No part of this ordinance shall be deemed to conflict with federal law as contained in the Controlled Substances Act, 21 U.S.C. section 800, et seq., or to otherwise permit any activity that is prohibited under that Act or any other local, state or federal Iaw, statute, rule or regulation. The distribution of medical cannabis in the Town of Fairfax is controlled by the provisions of this chapter of the Fairfax Town Code. (B) Nothing in this ordinance is intended, nor shall it be construed, to limit the provisions of Chapter 9.6 of the Fairfax Town Code, or to limit the right to use or possess marijuana for medical purposes, or to limit any defense to criminal prosecution otherwise afforded by California law. (C) Provided compliance is maintained with this ordinance, nothing in this ordinance is intended, nor shall it be construed, to preclude a landlord from limiting cannabis cultivation, smoking or other related activities by tenants otherwise permitted by law. (D) Nothing in this ordinance is intended, nor shall it be construed, to exempt any cannabis related activity from any and all applicable local and state construction, electrical, plumbing, land use, or any other building or land use standards or permitting requirements. (E) Nothing is this ordinance is intended, nor shall it be construed, to make legal any cultivation, transportation, sale, or other use of cannabis_ that is otherwise prohibited under California law. (F) All sale and distribution of medical cannabis within Town limits shall be subject to the provisions of this chapter, regardless if the processing or distribution existed or occurred prior to adoption of this chapter. Ord 759 Marijuana Regulations (redline version) 5 4 1 I.d 5.4.11 1 404 17.110.020 Definitions. For the purpose of this chapter, the following words and phrases shall mean: (A) "Accessory building' shall have the same meaning as set forth in Town Code Section 17.03.020. (B) "Applicant' means a person who is required to file an application for a permit under this chapter, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of a dispensary. (C) "Town" means the Town of Fairfax. (D) "Town Manager" means the Town Manager of the Town of Fairfax or the authorized representative thereof. (E) "identification card- shall have the same definition as California Health and Safety Code Section 11382.7, and as may be amended. (F) "Medical cannabis dispensing collective,° shall be construed to include any association, cooperative, affiliation, or collective of persons where multiple qualified patients and/or primary care givers are organized to provide education, referral, or network services, and facilitation or assistance in the lawful, retail distribution of medical cannabis. (G) "Medical cannabis patient collective," shall be construed to include any association, cooperative, affiliation, or collective of persons where multiple qualified patients and/or primary care givers are organized to provide education, referral, or network services, and facilitation or assistance In the lawful, but not retail, distribution of medical cannabis. (H) 'Dispensary° means any medical cannabis dispensing collective, any medical cannabis patient collective, or any facility or location where the primary purpose is to dispense medical cannabis (i.e., marijuana) as a medication that has been recommended by a physician and where medical cannabis is made available to and/or distributed by or to two or more of the following: a primary caregiver and/or a qualified patient, in strict accordance with California Health and Safety Code Section 11382.5, et seq. A dispensary shall not include dispensing by primary caregivers to qualified patients in the foiiowino hone end U3186,, as law as the iocatitin of such uses are otherwise regulated by this Code or applicable law: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Cade, a heeith cave fealty iioa heed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, a residential care facility for persons with chronic life-threate ting 'Bross licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code, residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code, a residential hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as any such use complies strictly with applicable law including, but not limited to, Health and Safety Code Section 11382.5, et seq., or a qualified patient's or caregiver's place of residence. (I) "Permittee° means the person (1) to whom a dispensary permit is issued and (2) who is identified in California Health and Safety Code Section 11362.7, subdivision (c), (d), (e) or (f). Ord 759 Marijuana Regulations (redline versionl 5 4 j 1.doc 5.1.l l 405 (J) "Person" means any individual, partnership, co -partnership, firm, association, joint stock company, corporation, limited liability company or combination of the above in whatever form or character. (IC) "Person with an identification card" shall have the same definition as set forth in California Health and Safety Code Section 11362.5, et seq., and as it may be amended from time to time. (L) "Physician" shall include licensed medical doctors (M.D.) and doctors of osteopathic medicine (D.O.) as defined in the California Business and Professions Code. (M) "Primary caregiver° shall have the same definition as set forth in California Health and Safety Code Section 11362.7, and as it may be amended from time to time. (N) "Qualified patient" shall have the same definition as set forth in California Health and Safety Code Section 11362.7, et seq., and as it may be amended from time to time. (0) "School" means any public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, but does not include any private school in which education is primarily conducted in private homes. 17.110.030 Dispensary Permit Required to Operate. it is unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the Town the operation of a dispensary unless the person first obtains and continues to maintain in full force and effect a dispensary Use Permit from the Town as required in this chapter. 17.110.040 Term of Permits and Renewals Required. (A) A Use Permit issued under this chapter shall expire two years following the date of its issuance. (B) A Use Permit may be renewed by the Director of Planning for additional two-year periods upon application by the permittee, unless the permit is suspended or revoked in accordance with the provisions of this chapter. (C) Applications for renewal shall be made at least 45 days before the expiration date of the permit and shall be accompanied by a nonrefundable application fee as specified in section 17.110.060. Applications for renewal shall be acted upon In the same manner provided herein for applications for permits. (D) Applications for renewal made less than 45 days before the expiration date shall not stay the expiration date of the permit. (E) Permits may be revoked or suspended by the Town, as provided in this chapter and Town Code. 17.110.050 General Tax Liability. As a prerequisite to obtaining a permit pursuant to the terms of Chapter 17.110, an operator of a dispensary shall also be required to apply for and obtain a Business 1 Ord 759 Marijuana Regulations (reslline ver5i0i) 5 4 1 l.d 5.9.11 3 406 License as required by the State Board of Equalization. Dispensary sales shall be subject to sales tax consistent with California law. 17.110.060 Imposition of Fes. Every application for a permit or renewal shall be accompanied by an application fee, the amount of such fee to be established and revised from time to time by resolution of the Town Council. This appllc ation or renewal fee shall not include the cost of fingerprinting, photographing, and background checks, which shall be in addition to any other business license fee or permit fee imposed by this code or other governmental agencies. 17.110.070 Limitadons on Number of Dispensaries. The Planning Commission may not grant or cause to be granted more than three (3) permits for medical cannabis dispensaries in the Town, in compliance with the provisions of this chapter, and/or prior to adoption of the provisions of this chapter. 17.110.080 Limitation on Location of Dispensary. (A) A dispensary shall be located only within a Central Commercial CC, Highway Commercial CH, and Light Commercial CL area, as designated in the General Plan and Zoning map. (B) The primary entrance shall be located and maintained free of barriers, landscaping and similar obstructions so that it is visible from public streets, sidewalks or driveways. (C) A dispensary shall not be allowed in the following areas at the time of its permitted establishment (1) Within 000 feet of a school; or (2) Within any residentially -zoned parcel or within any parcel with a primarily residential land use; or (3) On a parcel directly abutting a residentially -zoned property, unless there is a fence or an intervening natural landform burl the crnmercial property and the residential property such as a creek or significant undeveiopad parcel of rind. (D) The distance between a dispensary and areas of the above listed uses shall be made In a straight Tine from the boundary line of the property on which the dispensary is located to the boundary of the property on which the facility, building or structure, or portion of the building or structure of the above listed use is located. (E) A waiver cities provisions in subsection (C)(2) or (C)(3) of this section may be granted if, on plans and materials presented for review, the applicant demonstrates and the Planning Commission determines that a physical barrier or similar condition exists which achieves the same purpose and intent as the distance separation requirements established herein. IOrd 759 Marijuana Regulations (redline version) 5 4 11.doc=MaA 759 be,,U d f r ; 5:4.11 4 467 17.110.090 Operating Requirements. Dispensary operations shall be established and managed only in compliance with the following standards: (A) Criminal History. No applicant, his or her agent or employees, volunteer workers, or any person exercising managerial authority of a dispensary on behalf of the applicant shall have been convicted of a felony, or of a misdemeanor involving moral turpitude, or is on probation for a drug offense, or engaged in misconduct related to the qualifications, functions or duties of a permittee. A conviction within the meaning of this section means a plea or verdict of guilty or a conviction following a plea of no contest. The Police Chief, In his or her discretion, may require a dispensary to conduct annual criminal background checks for all employees to ensure compliance with this paragraph. (B) Minors. (1) It is unlawful for any permittee, operator, or other person in charge of any dispensary to employ any person who is not at least 18 years of age. (2) Persons under the age of 18 shall not be allowed on the premises of a dispensary unless they are a qualified patient, and they are in the presence of their parent or guardian. (3) The entrance to a dispensary shall be clearly and legibly posted with a notice indicating that any person under the age of 18 is precluded from entering the premises unless such person is a qualified patient and is in the presence of his/her parent or guardian. (C) Operating Hours. Unless the reviewing authority imposes more restrictive hours due to specific considerations for a particular application, a dispensary shall only be operated within the following days and hours: (1) 9:00 a.m. to 9:00 p.m. (2) Christmas Day, Thanksgiving Day, New Years Day, Memorial Day, Labor Day, and 4a' of July: closed. (D) Dispensary Size and Access. (1) The dispensary size shall not exceed 1,500 square feet exclusive of restroom facilities, unless specifically authorized by the approving authority. Dispensary size shall be limited, as deemed appropriate and necessary, to best serve patient needs within the intent of this chapter and to reduce potential adverse impacts that might otherwise occur on surrounding neighborhoods, businesses and Town services. (2) A dispensary shall not be increased in size without a prior approval amending the existing dispensary permit. (3) Dispensary personnel shall monitor site activity, control loitering and site access. (4) Only dispensary staff, primary caregivers, qualified patients and persons with bona fide purposes for visiting the site shall be permitted at a dispensary. Ord 759 Marijuana Regulations (redline version) 5 4 I I.d 5 408 (5) Potential patients or caregivers shall not visit a dispensary without first having obtained a valid written recommendation from their physician recommending use of medical cannabis. (6) Only a primary caregiver and qualified patient shall be permitted in the designated dispensing area with dispensary personnel. All other authorized visitors shall remain outside, or in a designated waiting area in the front entrance/lobby. (E) That adequate parking will be provided in accordance with Town Code section 17.052.030(F) for retail and personal service stores at a rate of three (3) spaces for the first 500 square of gross floor area and one (1) space for each additional 500 square fee: thereafter. (F) Dispensary Supply. A dispensary may possess no more than one ounce of dried cannabis per qualified patient or primary caregiver. However, if a qualified patient or primary caregiver has a physician's recommendation that this quantity does not meet the qualified patient's medical needs, the dispensary may possess an amount of cannabis consistent with the patient's needs. (G) Dispensing Operations. (1) A dispensary shall only dispense to qualified patients or caregivers with: (a) A currently valid California Medical Marijuana Identification Card issued by the State of California, a county or a county -designated entity in accordance with California Health & Safety Code Section 11362.7 ("Identification Card"); or (b) , current, written physician's recommendation that is confirmed by telephone: The permittee shall maintain a written record of the telephone verification, including the name of the employee who made the telephone call and the name and contact information of the person who verified the physician's recommendation„ (2) A dispensary shall not have a physician dial to evaluate patients and provide a recommendation for medical cannabis. (H) Record Keeping. (1) Patient Records. Patient records shall be maintained and verified as needed, and at least annually verlfiled with the qualifying patient's medical doctor or doctor of osteopathy unless the patient has provided n Identification Card. The dispensary shall comply fully with HIPAA and any other federal or state law protecting the privacy of medical records and information on patient health conditions. (2) Employee Records. Each owner or operator of a dispensary shall maintain a current register of the names of all volunteers and employees currently Ord 759 Mariivana Regulations (redline version) 5 4 11,doc 5.'i.1: 6 409 working at or employed by the dispensary, and shall disclose such registration for Inspection by any Town officer or official for purposes of determining compliance with the requirements of this section. In addition, all employees shall have a valid form of identification issued by the State of California while present at the dispensary. (3) Stock. The permittee will record the total gross weight of all marijuana possessed at the dispensary that is no longer affixed to any living marijuana plant at the close of each business day. in addition, the permittee shall record the total numbers of cloned live marijuana plants being stored or offered for sale. (4) Receipts. The permittee, or his or her employee, shall record upon an individual receipt the membership number of the person obtaining the marijuana, the amount of marijuana purchased, the amount paid for the marijuana, and the time and date the marijuana was dispensed. (5) Financial Records. (a) Permittee shall maintain financial records identifying information for all savings accounts, checking accounts, investment accounts and trusts associated with the operation of the dispensary. Permittee shall maintain ledgers documenting ail credits and debits affecting said accounts. Permittee shall maintain records documenting ail parties involved in, amounts of and purposes, for all cash transactions. (b) Permittee shall maintain records of all transactions related to the operation of the dispensary, including but not limited to rent, utilities, inventory, insurance and payroll. (6) Cultivation sites. Permittee shall maintain the records regarding the actual address, including Assessor's Parcel Number, of each site within the Town limits where medicinal marijuana is cultivated, grown and/or harvested on behalf of the dispensary. The cultivation site(s) identified pursuant to this section shall not be in areas zoned as residential, as more specifically outlined in.17.110.80. (7) Storage of Records. Permittee shall maintain all of the required records at the dispensary site or in secured, accessible storage at all times. All required records shall be subject to inspection by the Chief of Police, or his designee, during the time the dispensary is open for business. (8) Audit. As an alternative to police inspection, the Town may request that an audit of receipts be conducted by a Certified Public Accountant (CPA) chosen by the Town and paid for by the permittee. The permittee shall provide a summary of the report to the Town. (I) Consumption Restrictions. Cannabis shall not be consumed by patients on the premises of the dispensary. The term "premises" includes the actual building, as well as any accessory structures, parking areas, or other surroundings within 200 feet of the dispensary's entrance. (J) Retail Sales (1) Only immature, nonflowering, cloned, live marijuana plants measuring less than 12 inches in height may be stored and sold on site. Ord 759 Marijuana Regulations (redline version) 5 4 11.doc 5.4.11 7 410 (2) Except for the immature nursery stock cannabis plants described above, the dispensary shall not cultivate, store, or sell live cannabis plants. (3) With the approval of the Planning Commission a dispensary may conduct or engage in the commercial sale of specific products, goods or services ancillary to the provision of medical cannabis and other items permitted by these regulations on terms and conditions consistent with this chapter and applicable law. (4) If food products are sold the site must be inspected and approved for food sales by the Marin County Health Department. (5) Display and salsa of devices my for administering medical cannabis, shall be limited to including but not limited to roiling papers and related materials and devices, pipes, water pipes, and vaporizers. Such devices may only be provided to qualified patients or primary caregivers and only in accordance with California Health and Safety Code Section 11384.5. (8) A dispensary shall not distribute or sell medical cannabis for a profit. (7) A dispensary shall not pay any supplier(s) of medical cannabis more than the costs incurred for cultivation and preparation. (8) A dispensary shall meet all the operating criteria for the dispensing of medical cannabis as is required pursuant to California Health and Safety Code Section 11362.5, et seq. (K) Operating Plans. (1) Floor Plan. A dispensary shall have a lobby waiting area at the entrance to receive clients, and a separate and secure designated area for dispensing medical cannabis to qualified patients or designated caregivers. The primary entrance shall be located and maintained clear of barriers, landscaping and similar obstructions so that it is clearly visible from public streets, sidewalks or site driveways. (2) Storage. A dispensary shall have suitable locked storage on premises, identified and approved as a part of the security plan, for after-hours storage of medical cannabis. (3) Minimum Staffing Levels. The premises shall be staffed with at West one person during hours of operation that shall not be responsible for dispensing medical cannabis. (4) Odors Cord. A asp, shall have an air treatment system that ensures off -site odors shall not result. (5) Security Plans. A dispensary shall provide adequate security on the premises, and be reviewed by the Planning Commission, including lighting and alarms, to insure the safety of persons and to protect the premises from theft. (8) Any dispensary shall be equipped with an operable alarm system that at a minimum will protect the perimeter of the dispensary and the location within the structure where medicinal marijuana is stored, packaged or dispensed. (7) Alarm System. Professionally monitored robbery alarm and burglary alarm systems shall be installed and maintained in good working condition. I Ord 759 Mariiyana Regulations (redline version 5 4 11.dog sue- a 411 (8) " Emergency Contact. A dispensary shall provide the Chief of Police, Town Manager and the Director of Planning and Bulding Services with the name, phone number and facsimile number of an on -site community relations staff person to whom one can provide notice if there are operating problems associated with the dispensary. The dispensary shall make every good faith effort to encourage neighborhood residents to call this person to try to solve operating problems, if any, before any calls or complaints are made to the Town. (L) Signage and Notices. (1) A notice shall be clearly and legibly posted in the dispensary indicating that smoking, ingesting or consuming cannabis on the premises or in the vicinity of the dispensary is prohibited. (2) Signs on the premises shall not obstruct the entrance or windows. (3) Address identification shall comply with Fire Department illuminated address signs requirements. (4) Business identification signage shall contain the business name only, be limited to that information needed for identification only, and shall consist of a single window sign or wall sign that shall not exceed six square feet in area. Signs shall comply with al! ordinances and not contain any logos or information that identifies, advertises or lists the services or products offered. (M) Staff Training. Dispensary staff shall receive appropriate training for their intended duties to ensure understanding of rules and procedures regarding dispensing in compliance with state and local law, and security personnel shall be properly trained. (N) Compliance with Other Requirements. The operator shall comply with all provisions of all local, state or federal laws, regulations or orders, as well as any condition imposed on any permits issued pursuant to applicable laws, regulations or orders. (0) Alcoholic Beverages. No dispensary shall hold or maintain a license from the State Division of Alcoholic Beverage Control for the sale of alcoholic beverages, or operate a business on the premises that sells alcoholic beverages. No alcoholic beverages shall be allowed or consumed on the premises. (P) No person shall operate, or own a financial interest in, more than one Dispensary with the Town. 17.110.100 Criteria for Review. The Planning Commission shall consider the following criteria in determining whether to grant or deny a dispensary permit, and renewals: (A) That the dispensary permit is consistent with the intent of Proposition 215 and related California law, the provisions of this chapter and the Town Code, including the application submittal and operating requirements herein. 412 (B) That the dispensary location is not identified as having significant crime issues (e.g., based upon crime reporting district/statistics as maintained by the Police Department). ( r) That there have not been significant numbers of calls for police service, crimes or arrests in the area or to an existing dispensary location. (D) That an applicant or employee is not under 18 years of age. (E) That all required application materials have been provided and/or the dispensary has operated successfully in a manner that shows it would comply with the operating requirements and standards specified In this chapter. (F) That all required application or annual renewal fees have been paid and reporting requirements have been satisfied in a timely manner. (G) That an appropriate limit on size of the dispensary has been established and the requested permit would not exceed limitations on number of permits allowed by this chapter. (H) That the location is not prohibited by the provisions of this chapter or any local or state law, statute, rule or regulation and no significant nuisance issues or problems have resulted or are anticipated. (I) That the site plan, floor plan, and security plan have incorporated features necessary to assist in reducing potential crime -related problems as specked in the operating requirements section. These features may include, but are not limited to, security on -site; procedure for allowing entry; openness to surveillance and control of the premises, the perimeter, and surrounding properties; reduction of opportunities for congregating and obstructing public ways and neighboring property; illumination of exterior areas; and limiting furnishings and features that encourage loitering and nuisance behavior. (J) That no dispensary use, owner, permlttee, agent, or employee has violated any provision of this chapter including grounds for suspension, modification or revocation of a permit. (K) That all reasonable measures have been incorporated into the plan and/or consistently taken to successfully control the establishment's patrons' conduct resulting in dissturbancas, vandalism, crowd control inside or outside the premises, traffic control problems, cannabis use in public, or creation of a public or private nuisance, or interference of the operation of another busing. (1_) That the dispensary would not adversely affect the health, peace or safety of persons living or working in the surrounding area, overly burden a specific neighborhood with special needs or high impact uses, or contribute to a public nutsancs; or that the dispensary has resulted in repeated nuisance activities including disturbances of the peace, illegal drug activity, cannabis use in public, harassment of passers-by, excessive littering, excessive loitering, illegal parking, euccessive loud noises, especially late at night or early in the morning hours; lewd conduct, or polio detentions or arrests. (M) That any provision of the Town Code or condition imposed by a Town - issued permit, or any provision of any other local or state law, regulation, or order, or any IOrd 759 Macijuana Regulations (redline version) 5 4 11.doc 5 4.11 1G 413 condition imposed by permits issued in compliance with those laws has not been violated. (N) That the applicant has not violated any local or state law, statute, rule or regulation respecting the distribution, possession, or consumption of cannabis. (0) That the applicant has not knowingly made a false statement of material fact or has knowingly omitted to state a material fact in the application for a permit. (P) That the applicant, his or her agent or employees, or any person who is exercising managerial authority on behalf of the applicant, has not been convicted of a felony, or of a misdemeanor involving moral turpitude, or has engaged in misconduct related to the qualifications, functions or duties of a permittee. A conviction within the meaning of this section means a plea or verdict of guilty or a conviction following a plea of nolo contendere. (Q) That the applicant has not engaged in unlawful, fraudulent, unfair, or deceptive business acts or practices. 17.110.110 investigation and Action on Application. After the making and filing of a complete application for the dispensary permit and the payment of the fees, the Police Department shall conduct a background check of the applicant and all employees and conduct an investigation of the application, and take action as follows: (A) The Planning Department shall refer the application to any other Town departments as necessary to complete the review of the application. (B) Following the provision of complete application materials and inter- departmental review, the Planning Department shall schedule the Use Permit for Planning Commission review. The Commission shall either grant or deny the application in accordance with the provisions of this chapter. (C) In approving a dispensary permit, the Planning Commission may impose conditions, restrictions or require revisions to the proposal to comply with the purpose and intent of this chapter. (D) The Planning Department shall cause a written notice of the Commission's decision to issue or deny a permit to be mailed to the applicant by U.S. mail. 17.110.120 Appeal from Planning Commission Determination. (A) An applicant may appeal any determination of staff to the Planning Commission. (B) An applicant aggrieved by the Planning Commission's decision to issue or deny a permit may appeal such decision to the Town Council by filing an appeal pursuant to Chapter 17.320 of the Town Code. 17.110.130 Effect of Denial. Ord 759 Marijuana Regulations (redline version) 5 4 i I .doc 11 414 When the Pienning Commission shall have denied or revoked any pemit provided for in this chapter and the time for appeal to the Council shall have elapsed or, if after appeal to the Council, the decision of the Planning Commission has been affirmed by the Council, no new application for a permit shall be accepted from the applicant and no such permit shall be issued to such person or to any corporation in which he shall have any beneficial interest for a period of three years after the action denying or revoking the permit. 17.110.140 Suspension and Revocation. (A) Consistent with Chapter 17250, any permit issued under the terms of this chapter may be suspended or revoked by.the Planning Commission when it shall appear to the Commission that the permittee has violated any of the requirements of this chapter or the dispensary is operated in a manner that violates the provisions of this chapter, including the criteria for review and operating requirements sections, or conflicts with California law. (B) Except as otherwise provided in this chapter, no permit shall be revoked or suspended by virtue of this section until written notice of the intent to consider revocation or suspension of the permit has been served upon the person to whom the permit was granted at least five days prior to the date set for such review. Such notice shall contain a brief statement of the grounds to be relied upon for revoking or suspending such permit. Notice may be given either by personal delivery to the person to be notified, or by depositing it in the U.S. Mail in a sealed envelope, postage prepaid, retum receipt requested, addressed to the person to be notified at his/her address as it appears in his/her application for a permit (C) If any person holding a permit or acting under the authority of such permit under this chapter is convicted of a public offense in any court for the violation of any law which relates to his or her permit, the Town Manager may revoke such permit forthwith without any further action thereof, other than giving notice of revocation to the permittee. 17.110.150 Transfer of Permits. (A) A permittee shall not operate a dispensary under the authority of a dispensary permit at any place other than the address of the dispensary stated in the application for the permit. (B) A permittee shall not transfer ownership or control of a dispensary or transfer a dispensary permit to another person unless and until the transferee obtains a Use Permit. (C) No permit may be transferred when the Planning Director has notified the pennittee that the permit has been or may be suspended or revoked. (D) Any attempt to transfer a permit either directly or indirectly in violation of this section is declared void, and the permit shall be deemed revoked. 17.110.150 Violations. Ord 759 Marijuana Regulations (redline version) 5 4 11.doe 7 5.1.11 12 415 (A) It is unlawful for any person, individual, partnership, co -partnership, firm, association, joint stock company, corporation, limited liability company or combination of the above in whatever form or character to violate any provision or fail to comply with any of the requirements of this chapter. (B) A violation of this chapter shall be subject to the criminal, civil, or administrative penalties specified in Town Code Chapter 1.10. 17.110.170 Remedies Cumulative. All remedies prescribed under this chapter shall be cumulative and the use of one or more remedies by the Town shall not bar the use of any other remedy for the purpose of enforcing the provisions hereof. 17.110.180 Separate Offense for Each Day. Any person that violates any provision of this chapter shall be guilty of a separate offense for each and every day during any portion of which any such person commits, continues, permits, or causes a violation thereof, and shall be penalized accordingly. 17.110.190 Hold Harmless. As a condition of approval of any permit for medical cannabis cultivation, processing or distribution, the permittee shall indemnify, defend and hold harmless the Town of Fairfax and its agents, officers, elected officials and employees for any claims, damages, or injuries brought by adjacent or nearby property owners or other third parties due to permitted uses or operations, and in the case of dispensaries, for any claims brought by any of the permittee's clients or employees for problems, injuries, damages, or liabilities of any kind that may arise out of the permitted activities. 17.110.200 Public Nuisance. Any use or condition caused or permitted to exist in violation of any of the provisions of this chapter shall be and is declared a public nuisance and may be summarily abated by the Town. 17.110.210 Severability. The provisions of this chapter are declared to be severable. If any provision, clause, word, sentence, or paragraph of this chapter or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this chapter. 17.110.220 Judicial Review. Judicial review of a decision made under this chapter may be had by filing a petition for a writ of mandate with the superior court in accordance with the provisions of the California Code of Civil Procedure Section 1094.5_ Any such petition shall be filed within 90 days after the day the decision becomes final as provided in California Code of Civil Procedure Section 1994.6 which shall be applicable for such actions. Ord 759 Marijuana Regulations (redline version) 5 4 11.do 15.4.11 13 416 SECTION II. EFFECTIVE DATE Copies of the foregoing ordinance sail, within fifteen (15) days after its final passage and adoption, be posted in three public places in the Town of Fairfax, to wit: a. Bulletin Board, Fairfax Town Offices, Town Hall; b. Bulletin Board, Fairfax Post Office; and c, Bulletin Board, Fairfax Women's Club Building, which Bald places are hereby designated for that purpose, and shall be in full force and effect thirty (30) days from after Its final passage and adoption. SECTION III: VOTE The foregoing Ordinance No. 759, amending the Fairfax Town Code, was duly and regularly introduced at a regular meeting of the Town Council of the Town of Fairfax held on April 6, 2011, and was duly passed and adopted at a regular meeting held on May 6, 2011, by the following vote to wit AYES: NOES: ABSENT: MAYOR BRAGMAN ATTEST: Town Clerk, Judy Anderson rd 759 Marijuana Regulations (redline version) 5 4 11.dec 5.1.11 14 417 ORDINANCE NO. 2010-08 AN ORDINANCE OF THE CITY OF SANTA CRUZ AMENDING TITLE 24 OF THE SANTA CRUZ MUNICIPAL CODE MODIFYING STANDARDS FOR MEDICAL MARIJUANA DISPENSARIES BE IT ORDAINED by the City Council of the City of Santa Cruz as follows: Section 1. Title 24 of the Santa Cruz Municipal Code is hereby amended as follows: IG Zone District 24.10.1510 USE PERMIT REQUIREMENT. 1. The following uses require an administrative use permit and are subject to other applicable requirements of the Municipal Code. (Numerical references at the end of these categories reflect the general use classifications listed in the city's land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses.) a. Agriculture (000); b. Auto services and repairs, including trucks, heavy equipment and auto towing, subject to performance standards in Section 24.12.900 (350); c. Boat repairs (340D); d. Churches (500); e. Communication and information services (550); f. Community organizations, associations, clubs and meeting halls (570); g. Eating and drinking establishments, subject to live entertainment and alcohol regulations of Chapter 24.12 (280); h. Educational facilities (public/private) (510); i. Fabricated metal products (150); j. Food and beverage stores (except liquor and convenience stores) (240); k. Forestry services (010); 1. Government and public agencies (530); m. Leather tanning (110); n. Off -site public/private parking facilities, five or more spaces (930); o. Other manufacturing and processing industries (except bulk petroleum, scrap and waste materials) (155); p. Parks (700); q. Stone, clay, glass products (140); r. Temporary structures; s. Transportation facilities (560); t. Utilities and resources (540); u. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12. 2. The following uses require a special use permit and are subject to other applicable requirements of the Municipal Code. All industrial classifications from 125 to 145 shall comply with all performance standards listed in Part 2 of the Environmental Resource Management provisions. (Numerical references at the end of these categories reflect the general use 418 ORDINANCE NO. 2010-08 classifications listed in the city's land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses.) a. Building material/garden supply stores (220) with 40,000 square feet or more including indoor floor area and outdoor storage, display, or sales areas. For building materials/garden supply stores of which 50% or more of the square footage will occupy an existing building, this threshold will be 75,000 square feet including indoor floor area and outdoor storage, display, or sales areas so long as vacant, available space in existing buildings in the IG zone exceeds 400,000 square feet. When the vacant, available square footage is less than 400,000 square feet, the 40,000 square foot threshold will apply; b. Chemicals and allied products, subject to performance standards (130); c. Large family daycare; d. Group quarters (850); e. Multiple dwellings or condominiums subject to R-M district regulations (830, f. Nightclubs/music halls, subject to live entertainment and alcohol regulations of Chapter 24.12 (630); g. Paper and allied products subject to performance standards (125); h. Parks and recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720); i. Primary metals and material subject to performance standards (145); j. Rubber, plastic, miscellaneous materials and products subject to performance standards (135); k. Medical marijuana provider association dispensaries, as defined in Section 24.22.539 and subject to the siting criteria and performance standards in Section 24.12.1300; 1. Single -room occupancy (SRO) housing (860) under the following conditions: (1) The site is located within one -quarter mile, (1,320 feet), of a grocery store. (2) The lot size is less than 6,000 square feet. (3) The SRO is part of a mixed use project, sharing the site and/or building with a use that is allowed under Section 24.10.1505, Principal Permitted Uses, is in conformance with Section 24.10.1540.2, and complies with the following requirements: (a) The SRO development and the mixed use business are under one ownership. (b) The amount of building space occupied by the non-residential use is either at a minimum equal to the SRO or residential use or the non-residential use occupies the entire ground floor of the development. (4) Ambient interior noise levels can be mitigated below 45 decibels. (5) Air quality on and around the site, including odors resulting from adjacent land uses, is not considered a potential health hazard and/or objectionable to residential use. (Ord. 2005-30 § 12, 2005: Ord. 2005-15 § 14, 2005: Ord. 2004-27 § 12, 2004: Ord. 2004-24 § 1 (part), 2004: Ord. 2002-02 § 1 (part), 2002: Ord. 2000-12 § 4, 2000: Ord. 96-39 § 23, 1996: Ord. 95-04 § 8, 1995: Ord. 93-21 § 10, 1993; Ord. 89-37 § 2, 1989; Ord. 88-26 § 14, 1988; Ord. 87-22 § 8, 1987: Ord. 85-05 § 1 (part), 1985). 840); 2 419 ORDINANCE NO. 2010-08 24.10.1830 USE PERMIT REQUIREMENT. 1. The following uses are subject to approval administrative use permit and a design permit: a. Daycare and foster homes for children; b. Eating and drinking establishments; c. Foster family homes; d. Guest ranches; e. Off-street parking facilities accessory and incidental to an adjacent commercial use; f. Temporary structures; g. Veterinary hospitals and clinics; h. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140. 2. The following uses are subject to approval of a special use permit and a design permit: a. Agricultural processing plant; b. Group care homes; c. Helipads; d. Institutions for children or the aged; e. Kennels and riding stables; f. Off-street parking facilities serving commercial districts within three hundred (300) feet of the site; g. Outdoor theaters, golf driving ranges, and other similar open-air commercial recreation facilities; h. Public and private noncommercial recreation areas, buildings and facilities such as parks, country clubs, golf courses, and riding, swimming and tennis clubs; i. Public and quasi -public buildings and uses including administrative, recreational, educational, religious, cultural, public utility or public service uses; but not including corporation yards, storage or repair yards, and warehouses; j. Quarters, accommodation, or areas for transient labor, such as labor cabins or labor supply camps; (Ord. 2000-12 § 5, 2000: Ord. 88-60 § 29, 1988; Ord. 88-26 § 15, 1988: Ord. 85-05 § 1 (part), 1985). 24.22.539 MEDICAL MARIJUANA PROVIDER ASSuc;iATION DISPENSARIES. A nonresidential occupancy that is limited to the cultivation, production, acquisition and dispensing of medical marijuana and further by the siting criteria, performance standards and conditions of approval imposed on each establishment by the zoning board and zoning administrator, pursuant to Sections 24.08.040 and 24.12.1300 of this code. In addition, this use shall not be permitted as an accessory use to any other principal, special, or conditional use nor may it be permitted as a home business within any district of the city. (Ord. 2000-12 § 7, 2000). 3 420 ORDINANCE NO. 2010-08 24.12.1300 SPECIAL USE PERMIT REQUIREMENT FOR MEDICAL MARIJUANA PROVIDER ASSOCIATION DISPENSARIES. 1. Special Use Permit Required. Medical marijuana provider association dispensaries, as defined by Section 24.22.539, may be allowed in C-C (Community Commercial), C-T (Thoroughfare Commercial) and I-G (General Industrial) districts, provided that they meet the siting criteria and performance standards described below and are so authorized pursuant to the procedures described in Section 24.08.040 for a special use permit. Special use permits shall be limited to no more than two dispensaries operating within the City of Santa Cruz and shall include the following conditions and operating procedures, in addition to the other requirements set forth in Sections 24.10.700 through 24.10.750 (for C-C Districts), 24.10.900 through 24.10.950 (for C-T Districts), and 24.10.1500 through 24.10.1540 (for T.G. Districts). 2. Siting Criteria. Applicants for a special use permit for a medical marijuana provider association dispensary must meet the following siting criteria prior to city consideration of a special use permit application: a. The proposed location shall lie within a Community Commercial (C-C), Thoroughfare Commercial (C-T), or General Industrial (I-G) District. b. If the proposed location is located within fifty feet of any legal dwelling unit or other residential use, the applicant shall be required to demonstrate to the zoning board that the use would not create an intensity of use that is incompatible with the nearby residential use and that the association would employ security measures that would insure that the use would not adversely affect the security and safety of the residential uses. c. The proposed location shall not be located within six hundred feet of any residential zone district, any other medical marijuana provider association dispensary establishment, any public or private educational establishment serving persons under the age of 18 years, a public park with a children's playground, an alcohol or other drug abuse recovery or treatment facility, or any community care residential facility providing mental health/social rehabilitation services. For the purpose of this subsection, the six -hundred -foot distance requirement shall be measured from the periphery of the property boundary of such establishments. With respect to a public park with children's playground, the six -hundred -foot distance shall be measured from the periphery of the playground area. d. The planning commission or the city council on appeal, may grant an exception to the six -hundred -foot distance requirement between the medical marijuana provider association dispensary and the above -referenced uses, except in the case of proximity to public educational uses, only if findings are made that the general public benefit that could be served by the issuance of the special use permit would outweigh concerns regarding intensity of use, land use compatibility and public health and safety. The burden of proof is on the Applicant to demonstrate that the overall effect would be positive. 3. Performance Standards. Medical marijuana provider association dispensaries, once permitted, shall meet the following operating procedures and performance standards for the duration of the use: a. The association shall meet all the operating criteria for the cultivation, production, acquisition and dispensing of medical marijuana as may be required of the Santa Cruz city council and police department, including security concerns, and/or the county health department or their designee. 4 421 ORDINANCE NO. 2010-08 b. The association shall meet all the operating criteria for the cultivation, production, acquisition and dispensing of medical marijuana as required by the city council's administrative guidelines for the operation of medical marijuana dispensaries and gardens adopted pursuant to Ordinance 2000-06. (See Chapter 6.90, Personal Medical Marijuana Use.) c. Dispensaries may possess no more dried marijuana or plants per qualified member patient or caregiver than permitted in strict accordance with State Law. The area within the dispensary used for cultivation of marijuana shall be limited to no more than 3,000 square feet of ADA complaint floor area. d. No product shall be smoked, ingested or otherwise consumed on the premises. e. The hours of operation shall be limited to no more than 7:00 AM to 7:00 PM, Monday through Friday if located within fifty feet of a residential use, and shall be limited to no more than 7:00 AM to 7:00 PM Monday through Saturday if located at a distance greater than fifty feet from a residential use. f. Parking shall be provided according to the standard for retail pharmacy use as set forth in Section 24.12.240(aa). In addition to that requirement, whenever feasible, a passenger drop-off and pick-up parking zone shall be provided on the premises or immediately adjacent to the site. In no case shall double-parking by clients, caretakers, visitors or delivery vehicles be permitted. g. The association shall prohibit loitering by persons outside the establishment, either on the premises or within fifty feet of the premises. h. The association shall provide litter removal services each day of operation on and in front of the premises and, if necessary, on public sidewalks within fifty feet of the premises. i. The association shall provide adequate security on the premises, including lighting and alarms, to insure the safety of persons and to protect the premises from theft. j. Exterior lighting of the parking area shall be kept at a sufficient intensity so as to provide adequate lighting for patrons, while not disturbing surrounding residential or commercial areas. k. Signage for the establishment shall be limited to one wall sign not to exceed twenty square feet in area, and one identifying sign not to exceed two square feet in area; such signs shall not be directly illuminated. 1. The association shall provide the zoning administrator, the chief of police and all neighbors located within fifty feet of the establishment with the name, phone number and facsimile number of an on -site community relations staff person to whom one can provide notice if there are operating problems associated with the establishment. The association shall make every good faith effort to encourage neighbors to call this person to try to solve operating problems, if any, before any calls or complaints are made to the police department or the zoning administrator. m. The association shall post a copy of the conditions of approval for the special use permit on the premises in a place where it may be readily viewed by any member of the general public. n. The association shall meet any specific additional operating procedures and measures as may be imposed as conditions of approval by the zoning board or zoning administrator at the time of issuance of the special use permit in order to insure that the association will be a good neighbor. o. In addition to the required application materials, the association shall submit an operations manual to describe the operation of the facility in conformance with these performance standards and Chapter 6.90, Personal Medical Marijuana Use. 5 422 ORDINANCE NO. 2010-08 p. To offset power consumption, the association shall install solar panels to provide as much power as possible for the indoor cultivation of medical marijuana. q. No association shall operate for profit. Cash and in -kind contributions, reimbursements, and reasonable compensation provided by members towards the associations actual expenses for the growth, cultivation, and provision of medical marijuana shall be allowed provided that they are in strict compliance with State Law. All such cash and in -kind amounts and items shall be fully documented and a report of such shall be submitted to the City in accordance with Section 6.90 of the Municipal Code. 4. Findings. In approving a special use permit, it shall be determined by the hearing body that all of the following apply: a. The proposed use complies with all of the mandatory requirements of this section and other applicable sections of this code and applicable policies of the General Plan; b. The proposed use will not adversely affect the health, safety or welfare of area residents or businesses, or uses, or will not result in an undue concentration in any one neighborhood or district and will not be located within proximity of an incompatible use, such as a children's school, day care facility or children's' play area; c. The operational characteristics of the proposed use, such as hours of operation, noise, odor, amount and location of parking, signage, loitering and litter, will not have a negative impact upon the surrounding area; d. The proposed use is compatible with the sizes and types of other neighboring uses in the surrounding area, particularly those used primarily by persons under the age of 18; e. The proposed use is not located in what has been determined by the Santa Cruz police department to be a high -crime area, where a disproportionate number of police service calls occur, or where there is currently parking congestion; and f. The proposed use, as a nonresidential occupancy, shall meet all the building code requirements for such occupancy and, if proposing to locate in a legal dwelling unit, shall comply with all local standards, requirements and provisions for converting dwelling units to nonresidential use. 5. Conditions. The planning commission, or city council on appeal, may deny any application which is inconsistent with the above -noted findings, or may impose any additional conditions on the applicant or proposed location reasonably related thereto, or to the berth, safety or welfare of the community, in addition to the specific requirements set forth in Section 24.12.1300. 6. Violations and Abatement. ihe zoning administrator may issue a cease and desist order or "stop order" for all activities subject to this special use permit for any establishment deemed by the zoning administrator to be in violation of any condition of approval of the special use permit or to otherwise constitute a public nuisance. The stop order shall be in effect immediately, pursuant to the procedures of Section 24.04.221. Upon issuance of the stop order, the zoning administrator shall schedule a public hearing to consider the revocation of the special use permit pursuant to Section 24.04.225. (Ord. 2000-12 § 6, 2000). 6 423 ORDINANCE NO. 2010-08 Section 2. This Ordinance shall take effect and be in force thirty (30) days after final adoption. PASSED FOR PUBLICATION this 9th day of March, 2010, by the following vote: AYES: Councilmembers Lane, Mathews, Beiers, Madrigal, Robinson; Mayor Rotkin. NOES: None. ABSENT: Vice Mayor Coonerty. DISQUALIFIED: None. APPROVED: ss/Mike Rotkin, Mayor ATTEST: ss/Lorrie Brewer, City Clerk PASSED FOR FINAL ADOPTION this day of_ , 2010, by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: APPROVED: Mayor ATTEST: City Clerk This is to certify that the above and foregoing document is the original of Ordinance No. 2010-08 and that it has been published or posted in accordance with the Charter of the City of Santa Cruz. City Clerk 7 424 Martin Reeder From: cynara@communityengagementresources.com on behalf of Cynara Velazquez <cynara@yourcer.com> Sent: Wednesday, December 02, 2015 3:26 PM To: Martin Reeder, Ray Pe Subject: Follow Up To City Council Meeting Dear Martin, Regarding last night's city council meeting, there were a number things for which I would like to provide clarification. Firstly, the City Attorney .made a statement to the effect that a city and state issued permit would be needed in order to for a patient to pursue personal use cultivation. This is not the case. Providing that a jurisdiction has not banned or further restricted personal use cultivation, the state allows a person to cultivate up to 100 sq feet in their residence (as you correctly stated) without a state or local permit or license. If you are planning on addressing personal use cultivation in an ordinance proposal, we would recommend explicitly allowing cultivation for personal use at one's residence, in respect of state limits (100 sq feet per person) , reserving the right of landlords to limit or ban such activities on the premise, and reserving the right of the city to use nuisance abatement to eliminate personal use cultivation from a residence if a smell or other nuisance is proven to be present as a result of the cultivation. Secondly, regarding the direction from the planning commission. The planning commission did state that they would like the a cultivation ordinance to be based on San Diego City's ordinance However, it was never clarified to the planning commission that the San Diego zoning ordinance does not actually cover commercial or personal cultivation. There is an exemption in the ordinance, saying that the ordinance itself does not cover personal use cultivation. But at the City Council hearing, the City Attorney appeared to imply that the planning commission wished to see an regulatory option for personal cultivation only, since this was the only cultivation mentioned in the San Diego City Ordinance In reality, the San Diego City ordinance only exempts personal use cultivation, it makes not attempt to regulate it. Moreover, the public comments made by the commissioners Ditas Yamane, Roberto Garcia and Marcus Bush indicated a strong desire to see city revenue generated frown cultivation. Since personal cultivation would not lead to city revenue, we can therefore imply that the commissioners were asking for regulation of commercial cultivation, as well as personal use eultivation. We ask that the City either seek clarification from the planning commissioners as to whether they wished to see commercial cultivation language included in an ordinance proposal, or include it in the ordinance proposal, since the comments made by the commissioners implied a desire to see such language. As to Mayor Morrison's comments that it would be difficult and bureaucratically burdensome, to enact a local tax to generate cost recovery and city revenue from commercial cultivation activity. Most jurisdictions have used fees, not excise taxes, to collect revenue from dispensaries. The City of San Diego charges cost recovery fees fees adding up to approximately $18,000 per applicant for the processing of conditional use permits for medical marijuana collectives and charges a $1,097.73 annual fee thereafter. National City can also set fees for cultivation and has the discretion to make such fees much higher. 425 Such fees could also be used to cover enforcement actions against non -compliant dispensaries operating in illegal zones, an issue that the police department and the mayor both highlighted. Far from being a drain on city resources, medical marijuana cultivation could provide a positive source of city revenue. Regarding commercial cultivation, the city manager made a comment to the effect that it would be hard to create zoning for such activity due to the prevalence of schools and the necessity to keep such facilities away from schools. State law has already addressed this issue - no marijuana activity can occur within 600 feet of a school. Therefore regardless of the zoning that National City creates, the state regulated buffer of 600 feet from the property line of any school will always apply. As I stated in prior emails, a comprehensive ordinance addressing commercial cultivation need not be difficult to craft. In order to comprehensively regulate cultivation activity, you would need to specify the following: • State Licensing Classes Allowed - The state licensing classes allowed would automatically define the associated plant count, canopy size and whether to allow indoor or outdoor cultivation • Associated Zones Permitted — Defines in which zones cultivation will be permitted to occur, under the conditions outlined per the state licensing class. Associated Fees and Taxes — Defines, per state tax code, additional local sales taxes are not permitted, however, additional municipal fees and/or excise taxes are permitted, and can be set by the municipality. • Additionally Safety Regulations — Defines regulations related to limiting public access and visibility, background checks for employees, signage, security personnel, alarms, and enhanced building security features. I am happy to provide suggestions related to these areas of regulations. Regards, Cynara Velazquez 619-208-0567 z 426 Martin Reeder From: cynara@communityengagementresoUrces.corn on behalf of Cynara Velazquez <cynara@yourcer.com> Sent: Wednesday, December 02, 2015 3:26 PM To: Martin Reeder, Ray Pe Subject: Follow Up To City Council Meeting Dear Martin, Regarding last night's city council meeting, there were a number things for which I would like to provide clarification. Firstly, the City Attorney made a statement to the effect that a city and state issued permit would be needed in order to for a patient to pursue personal use cultivation. This is not the case. Providing that a jurisdiction has not banned or further restricted personal use cultivation, the state allows a person to cultivate up to 100 sq feet in their residence (as you correctly stated) without a state or local permit or license. If you are planning on addressing personal use cultivation in an ordinance proposal, we would recommend explicitly allowing cultivation for personal use at one's residence, in respect of state limits (100 sq feet per person) , reserving the right of landlords to limit or ban such activities on the premise, and reserving the right of the city to use nuisance abatement to eliminate personal use cultivation from a residence if a smell or other nuisance is proven to be present as a result of the cultivation. Secondly, regarding the direction from the planning commission. The planning commission did state that they would like the a cultivation ordinance to be based on San Diego City's ordinance. However, it was never clarified to the planning commission that the San Diego zoning ordinance does not actually cover commercial or personal cultivation. There is an exemption in the ordinance, saying that the ordinance itself does not cover personal use cultivation. But at the City Council hearing, the City Attorney appeared to imply that the planning commission wished to see an regulatory option for personal cultivation only, since this was the only cultivation mentioned in the San Diego City Ordinance. In reality, the San Diego City ordinance only exempts personal use cultivation, it makes not attempt to regulate it. Moreover, the public comments made by the commissioners Ditas Yamane, Roberto Garcia and Marcus Bush indicated a strong desire to see city revenue generated from cultivation. Since personal cultivation would not lead to city revenue, we can therefore imply that the commissioners were asking for regulation of commercial cultivation, as well as personal use cultivation. We ask that the City either seek clarification from the planning commissioners as to whether they wished to see commercial cultivation language included in an ordinance proposal, or include it in the ordinance proposal, since the comments made by the commissioners implied a desire to see such language. As to Mayor Morrison's comments that it would be difficult and bureaucratically burdensome, to enact a local tax to generate cost recovery and city revenue from commercial cultivation activity. Most jurisdictions have used fees, not excise taxes, to collect revenue from dispensaries. The City of San Diego charges cost recovery fees fees adding up to approximately $18,000 per applicant for the processing of conditional use permits for medical marijnnna collectives and charges a $1,097.73 annual fee thereafter. National City can also set fees for cultivation and has the discretion to make such fees much higher. i 427 Such fees could also be used to cover enforcement actions against non -compliant dispensaries operating in illegal zones, an issue that the police department and the mayor both highlighted. Far from being a drain on city resources, medical marijuana cultivation could provide a positive source of city revenue. Regarding commercial cultivation, the city manager made a comment to the effect that it would be hard to create zoning for such activity due to the prevalence of schools and the necessity to keep such facilities away from schools. State law has already addressed this issue - no marijuana activity can occur within 600 feet of a school. Therefore regardless of the zoning that National City creates, the state regulated buffer of 600 feet from the property line of any school will always apply. As I stated in prior emails, a comprehensive ordinance addressing commercial cultivation need not be difficult to craft. In order to comprehensively regulate cultivation activity, you would need to specify the following: • State Licensing Classes Allowed - The state licensing classes allowed would automatically define the associated plant count, canopy size and whether to allow indoor or outdoor cultivation • Associated Zones Permitted — Defines in which zones cultivation will be permitted to occur, under the conditions outlined per the state licensing class. • Associated Fees and Taxes — Defines, per state tax code, additional local sales taxes are not permitted, however, additional municipal fees and/or excise taxes are permitted, and can be set by the municipality. Additionally Safety Regulations — Defines regulations related to limiting public access and visibility, background checks for employees, signage, security personnel, alarms, and enhanced building security features. I am happy to provide suggestions related to these areas of regulations. Regards, Cynara Velazquez 619-208-0567 2 428 Martin Reeder From: David Blair <dr.d.blair@gmail.com> Sent Tuesday, December 08, 2015 3:13 PM To: Martin Reeder Subject: Fwd: A momentous year for cannabis in California, big changes ahead... Follow Lip Flag: Flag for follow up Flag Status: Flagged Good afternoon, Martin. Please forward this email to City Council members as well as members of the Planning Commission. Hiring has begun for the chief of the new Bureau of Medical Marijuana Regulations but on the legislative front, most of the work has shifted to the local level, with local governments seeking to implement cultivation and other bans on commercial activities before a much -publicized March 1, 2016 "deadline" in MMRSA which the bill authors have already pledged to rescind. Should the MMRSA rescind the March 1, 2016 deadline, National City will have more time to create a workable and agreeable commercial ordinance that can create tens of millions of dollars into the City for any purposes the Council chooses to use the proceeds. Best wishes, J3est Wisles, Dr. David K. Nair dr.d.blair@gmail.com Founding CEO/Board chair A Green Alternative MMCC, Inc. 2335 Roll Drive, Suite 4 San Diego, CA 92154 619.980.0777 Forwarded message From: Sean Donahoe, Operative Campaigns LLC <sean@operativecampaigns.com> Date: Tue, Dec 8, 2015 at 2:41 PM Subject: A momentous year for cannabis in California, big changes ahead... To: David Blair <dr.d.blairc gmail.com> i 429 Good afternoon David„ Pi.°;+;it, fiFeAis is tr;c };ii ; out that the consultants and funders (Sean Parker, Justin Hartfield) behind the "Adult Use of Marijuana Act" have added amendments to their 2016 ballot measure language, with new language appearing regarding: - enhanced labor provisions, - entrenchment of local control by ordinance, restrictions on advertising to minors, - guidelines on packaging and labeling, - a 5 year delay for large cultivation licenses, - incentives for minority -owned businesses, - very limited restrictions on cross -ownership. From an industry perspective, the new amendments, when considered side -by -side with MMRSA, contain significant changes on the distribution layer and a shift from 11/1/2015 to 9/1/2016 to be considered for prioritization for adult use licensing. While these additions may be enough to satisfy a greater section of support from cannabis advocates and other stakeholders, a new poll out last week lays out little voter enthusiasm for legalization in California. It will certainly be an interesting next 336 days as legalization unfolds here in California and many other places - as usual check out my Culture column for long-term political analysis of the industry. The Bureau unfolds! Ei c.) : $• e€ Ti for the chief of the new Bureau of Medical Marijuana Regulations but on the legislative front, most of the work has shifted to the local level, with local governments seeking to implement cultivation and other bans on commercial activities before a much - publicized March 1, 2016 "deadline" in MMRSA which the bill authors have already pledged to rescind. Not a day goes by that you can't read of another jurisdiction holding cursory hearings, moving to enact bans without fully considering the positive ramifications of, and opportunities enabled by, the historic new law. While it is sad to see so many jurisdictions being misled/misinformed by the League of California Cities, contract attorneys, and law enforcement it's great to see more a deliberative process unfolding in many communities. Today alone, we should see positive local government action in Sacramento, Long Beach, Humboldt, and Santa Cruz, which will result in new cultivation and other licenses being granted by local jurisdictions, in accordance with MMRSA. Oakland, Watsonville, Salinas, and other forward -thinking cities should soon follow suit. Sean's travels on a map! L I've been (very) busily traveling through California and elsewhere, connecting with local industry groups as well as catering for specific needs to my clients. 1 also was honored to share the stage with Assemblymember Bonta, Kimberly Cargille, Sean Luse, and Hezekiah Allen at i{ir. kTr l^rnii t}r nei of the Medical Marijuana Business Conference in Las Vegas. then spoke a few days later at the Humboldt Hempfest, followed up with a speaking role on a l =j Ii; Gtit si eTnel and moderated a regulatory implementation panel at the New West SL::T mit in San Francisco. All of these were great events, followed up by the launch last 2 430 weekend of the Gateway cannabie incubatorin Oakland. Founded by Carter Laren and Ben Larson and with backing by MJIC, 1 look forward to serving ass mentor for the first cohort of startups early next year. Gateway's new home in Oakland! Have you joined the California Growers Association yet? Lastly, the CPI: , inia Growers Association's growth and influence has continued to impress. Although Hezekiah and I go back several years, it has been awesome to more recently witness the collective efforts of regional councils, an engaged Board, leaders with clear roles, and an informed and empowered membership. I am excited every day to help build out this organization as their Policy Advisor on Local Politics and Electoral Affairs. Hundreds of dispensaries from north to south, indoor and sungrown growers, infused product manufacturers, testing labs and delivery services have at come together to build out a values -driven association prepared for the maturation and mainstreaming of our industry. Educational efforts since September have seen thousands attend workshops and panels organized by or featuring Cal Growers leaders. The future of the cannabis industry in California has come, and I strongly encourage that your cannabis business join the California Growers Association as a Founding Member. Two great opportunities to attend a California Growers Association Founders' brunch: tW rQi... Sarrt T sk. Der 1 ? tL as t s rm Dc x :.av The California Growers Association would like to invite our members and community to a celebration of progress and unity for the new year, as we will: - Address and review progress made in 2015 - Outline threats and opportunities for our community in 2016. - Welcome our founding board members - Begin strategic planning for our 2016 policy work - Introduce the leadership of California Growers Association - Provide comments from advisors, guests, and VIP's Other events coming up: l.A, Wornen Grov. Dqc 8 CGA, Sierra Fc thiils Police Summit Dec 9 5Rich h. ` e:id-club in SF Dec 9 Effi :.u'c Id CuB in Santa i os'c Dec 12-13 3 431 Cal r o► ers Strategic Planning Retreat in Sacramento Jan .2-3 City Council and County Supervisors meetings statewide Today - ? Thanks for reading my email, thanks for being great at what you do, and thanks for being a part of something great, Sean Sean Donahoe, Operative Campaigns LLC http://www.operativecampaigns.com/ Operative Campaigns • Oakland, CA 94607, United States This email was sent to f:::'.., _=i: ; ``-Y.�••_ .. To stop receiving emails, You can also keep up with Sean Donahoe, Operative Campaigns LLC on 7 . or iFc.cpk. Created with) 1 .. - °'' 'w ., software for leaders. 4 432 Martin Reeder From: Denise Davis Sent: Wednesday, December 09, 2015 1:41 PM To: Martin Reeder Subject FW: Response to Staff Cultivation Ordinance Proposal and Model Cultivation Ordinance Proposal Attachments: MMJZoningCuitivationordinance_NC.pdf Follow Up Flag: Follow up Flag Status: Flagged Did you get t Ifs one? From: cynara@communityengagementresources.com[mailto:cynara@communityengagementresources.com] On Behalf Of Cynara Velazquez Sent: Monday, December 07, 2015 6:46 PM To: Denise Davis <ddavis@nationalcityca.gov> Subject: Fwd: Response to Staff Cultivation Ordinance Proposal and Model Cultivation Ordinance Proposal For the record: Forwarded message From: Cynara Velazquez <cynaraC7a,yourcer.com> Date: Sun, Dec 6, 2015 at 2:19 PM Subject: Response to Staff Cultivation Ordinance Proposal and Model Cultivation Ordinance Proposal To: robert.garcia.ozua@a gmail.com, Marcus Bush <mbush619@yahoo.com>, dolores.m.floresAsbcglobal.net, rosalie alvarado <alvaradorosalie�7a,gmail.com>, gbaca1962(r},yahoo.com, ditas@ncpublicsafetvfoundation.org, ditas@a,nationalcitybears.com Dear Planning Commission, We were very harpy to see that city staff has finally produced a ordinance for cultivation regulation for your review. That said, we were disappointed to see that it only addressed personal use cultivation, not commercial cultivation, which will not allow for fees to cover the cost recovery, funds for enforcement actions against illegal dispensaries and city revenue that the planning commission had requested. We respectfully disagree with city staff that writing an ordinance that includes commercial cultivation would be difficult to craft. We have attached a simple model ordinance that we have crafted for National City, based on the assumption that National City world probably wish to pursue the lowest intensity of commercial cultivation activity licensed under the state code, in industrial zones in appropriate structures with ample security, with fees for cost recovery to the city. The components needed to craft a comprehensive ordinance are listed below, for the city's reference in creating cultivation regulations: • State Licensing Classes Allowed - A comprehensive ordinance would define which type of state cultivation licenses to allow in National City. The state license classes regulate and define the cultivation use and intensity including plant count, canopy size and whether to allow indoor or outdoor cultivation. A list of the state licensing classes established for medical marijuana cultivation are also 1 933 shown below this email. For our model ordinance, --e have assumed National City would pursue only the lowest intensity cultivation licenses - Indoor specialty cultivation and nursery cultivation. • Associated Zones Permitted — Defines in which zones cultivation will be permitted to occur, under the conditions outlined per the state licensing class. For our model ordinance, we have assumed commercial cultivation activity will be limited to industrial zones. • Associated Fees and Taxes — Defines, per state tax code. Additional local sales taxes are not permitted, however, additional municipal fees and/or excise taxes are permitted, and can be set by the municipality. For our model ordinance, we have assumed there will be annual fees, set by the planning department. • Additionally Safety Regulations — Defines regulations related to , public access, background checks, signage, security personnel, alarms, and enhanced building security features. Below are descriptions of the state license categories for cultivation: • Type 1, or "specialty outdoor," for outdoor cultivation using no artificial lighting of less than 5,000 square feet of total canopy size on one premises, or up to 50 mature plants on non-contiguous plots. • Tvpe 1A, or "specialty indoor," for indoor cultivation using exclusively artificial lighting of less than 5,000 square feet of total canopy size on one premises. • Type 1B, or "specialty mixed -light," for cultivation using a combination of natural and supplemental artificial lighting at a maximum threshold to be determined by the licensing authority, of less than 5,000 square feet of total canopy size on one premises. • Type 2, or "small outdoor," for outdoor cultivation using no artificial lighting between 5,001 and 10,000 square feet of total canopy size on one premises. • Type 2A, or "small indoor," for indoor cultivation using exclusively artificial lighting between 5,001 and 10,000 square feet of total canopy size on one premises. • Type 2B, or "small mixed -light," for cultivation using a combination of natural and supplemental artificial lighting at a maximum threshold to be determined by the licensing authority, between 5,001 and 10,000 square feet of total canopy size on one premises. • Type 3, or "outdoor," for outdoor cultivation using no artificial lighting between 10,001 and 44,000 square feet of total canopy on one premises. • Type 3A, or "indoor," for indoor cultivation using exclusively artificial lighting between 10,001 and 22,000 square feet of total canopy size on one premises. • Type 4, or "nursery," license for cultivation of medical cannabis solely as a nursery. A Type 4 Nursery" means a licensee that produces only clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of medical cannabis. No canopy limits are set forth for a Type 4 — Nursery License. Type 4 licensees may transport live plants.' We hope that this information has been informative and will be utilized at your meeting on December 7th. Thank You, 619-208-0567 cynara@cannabisprofessionals.org 2 434 MEDICAL MARIJUANA CULTIVATION ORDINANCE WHEREAS, in 1996 the people of the State of California passed Proposition 215, the Compassionate Use Act, that allows the use of marijuana for medical purposes when recommended by a physician and excludes from criminal prosecution the patient and the primary caregiver, as defined; and WHEREAS, in 2003, the State of California enacted Senate Bill 420, the Medical Marijuana Program Act (MMPA), which established requirements for the issuance of voluntary identification cards; provided a defense to criminal charges related to the cultivation, possession, sale, or storage of medical marijuana; prohibited the distribution of marijuana for profit; exempted from prosecution qualified patients and designated primary caregivers who associate to collectively or cooperatively cultivate marijuana for medical purposes; required the Attorney General to issue guidelines for the security and non -diversion of medical marijuana; and allowed cities to adopt and enforce laws consistent with the MMPA; and WHEREAS, in 2015, the State of California enacted Senate Bill 643, Assembly Bill 266, and Assembly Bill 243, establishing a comprehensive regulatory framework for the production, transportation, and sale of medical marijuana. WHEREAS, under federal law, the possession, transfer, or sale of marijuana remains a criminal act; and WHEREAS, all powers not delegated by the United States Constitution to the United States nor prohibited by it to the states are reserved to the states or the people, pursuant to the Tenth Amendment of the United States Constitution; and WHEREAS, in the State of California, zoning is a local matter exercised by the cities pursuant to the police powers set forth in Article XI, Section 7 of the California Constitution; and WHEREAS, the City Council now desires to exercise its police powers solely to provide for the zoning of medical marijuana enterprises in such a manner as to limit the impact on the City generally and residential neighborhoods in particular; NOW, THEREFORE, BE TT ORDAINED, by the Council of the City of National City as follows: Section 1. Definitions Medical Marijuana Cultivation Ordinance Page 1 of 1 435 "Qualified Patient" as defined in the California Health and Safety Code, Section 11362.7. "Premise" is defined to mean the legal parcel(s) of land and the improvements on it, including building(s), store(s), shop(s), apartment(s), or other designated structure. "Dispensary" is defined to mean a physical retail establishment where medical cannabis, medical cannabis products, and devices for the use of medical cannabis or medical cannabis products are offered, either individually or in any combination, for retail sale, to Qualified Patients and their Primary Caregivers. This includes an establishment that delivers medical cannabis and medical cannabis products as part of its retail operations. "Cultivation" is defined to mean any activity involving the planting, growing, harvesting, drying, curing, grading, or thinning of cannabis. "Cultivation Site" is defined to mean the physical location where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed for later distribution for commercial use. "Cultivator" is defined to mean the organization holding the Conditional Use Permit for cultivation activity at a location authorized by the City. "Plant Canopy" is defined to mean the amount of cannabis that can be grown which is the aggregate area of vegetative growth of live marijuana plants. "Small Specialty Indoor Cultivation" is defined to mean cultivation in compliance with the regulations for a Cultivation License Type 1A (Specialty Indoor License), defined in California Business and Professions Code section 19332, subdivision (g)(2), and subject to all applicable sections of Senate Bill 643, Assembly Bill 266, and Assembly Bill 243. "Nursery Cultivation" is defined to mean cultivation in compliance with the regulations for a State Cultivation License Type 4 (Nursery License), defined in California Business and Professions Code section 19332, subdivision (g)(10), and subject to all applicable sections of Senate Bill 643, Assembly Bill 266, and Medical Marijuana Cultivation Ordinance Page 2 of 2 436 Assembly Bill 243. Section 2. Personal Use Cultivation in accordance with California Health and Safety Code section 1362.777, , subdivision (g), a qualified patient may cultivate medical marijuana for their own personal use, at their place of residence, in an indoor area that does not exceed 100 square feet. A qualified, patient may only cultivate marijuana for his or her personal medical use and may not sell, distribute, donate, or provide marijuana to any other person or entity. Landlords and building owners may limit or prohibit personal cultivation on the premise. In accordance with California Health and Safety Code section 1362.777, subdivision (g), a primary caregiver may cultivate medical marijuana exclusively for the personal medical use of no more than five qualified patients for whom he or she is the primary caregiver within the meaning of Health and Safety Code section 11362.7, at the place of the primary caregiver's residence in an indoor area that does not exceed 500 square feet. Aprimary caregiver may only cultivate marijuana for the personal medical use of his or her qualified patients, and may not sell, distribute, donate, or provide medical marijuana to any other person or entity. In accordance with California Health and Safety section 11362.777, subdivision (g), landlords and building owners may limit or prohibit personal use cultivation on the premise. Section 3. Commercial Cultivation Cultivation Sites are prohibited in residential, commercial, mixed -use and agricultural zones. Cultivation Sites may be permitted with a Conditional Use Permit, as set forth in Section 18.12.110 of the Municipal Code of the City of National City, and located only in Industrial Zones IN (Industrial Heavy) and 1M (Industrial Medium), as defined and listed in Chapter 18.25 of the Municipal Code of the City of National City, subject to the following Medical Marijuana Cultivation Ordinance Page 3 of 3 437 regulations: a) All cultivation must occur on the interior of a building using exclusively artificial lighting. b) A Conditional Use Permit may be issued for Small Specialty Indoor Cultivation or Nursery Cultivation. All other commercial cultivation of medical marijuana is strictly prohibited. A Conditional Use Permit applicant must specify whether the applicant will be cultivating Small Specialty Indoor Cultivation or Nursery Cultivation on site. Only one cultivation type will be permitted per location. Any cultivation must conform to the plant canopy and other limits set forth by the applicable California State License Category for the cultivation site. c) Plants may only be cultivated in response to a pre-existing supply or purchase agreement with a licensed dispensary. For each plant, the cultivator must be able to show an active purchase order requiring this plant from a licensed dispensary. The dispensary with which a cultivator has a supply or purchase agreement must be licensed by a municipal or county jurisdiction within the state of California. d) A unique identifier shall be attached at the base of each plant. A unique identifier, such as, but not limited to, a zip tie, shall be issued for each medical marijuana plant. This unique identifier shall identify the dispensary for which the plant is being grown, as well as a unique identifier assigned to the individual plant. Records of plants, as identified by their unique identifiers, and their associated dispensary must be kept by the cultivator, and must be made available to City auditors upon request. . e) Security shall be provided at the commercial cultivation site which shall include operable cameras, alarms, and a security guard. The security guard shall be licensed by the State of California and be present on the premise. f) From a public right of way, there shall be no visual evidence of cultivation either within or outside the facility. Adverse impacts of cultivation shall be mitigated so that a "public nuisance" (as defined by California Civil Code Section 3480) does not exist, including but not limited to adverse Medical Marijuana Cultivation Ordinance Page 4 of 4 438 impacts of dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration, or the use or storage of hazardous materials, processes, products or wastes. g) No external signage shall be allowed. h) No public access or sales shall be allowed on the premise, only employees and contractors authorized by the cultivator may be present on the premise. i) All employees of the organization to which the Conditional Use Permit is issued shall be subject to a background check. Any person who has been convicted of a felony may not be employed by commercial cultivator or operate, manage, control, or own a commercial cultivator entity. j) The City encourages cultivators to operate in an environmentally sustainable manner. Preference will be given to applicant for Conditional Use Permits who show their commitment to environmentally sustainable practices including building LEED certification and adoption of EPA WaterSense identified water saving technologies. k) To discourage theft and vandalism, the City will not publish, or provide to the general public, the exact addresses of commercial cultivation sites. Other aggregate information regarding conditional use permits for commercial cultivation including, but not limited to, number of permits issued, districts where said permits were issued, and the organizations to whore such permits were issued shall be available upon request. 1) Applicants for Conditional Use Permit for commercial cultivation must provide writtenproof that the building owner and management condone cultivation activity on the premise. m) A Conditional Use Permit for commercial cultivation site may be revoked or suspended due to legitimate smell complaints, noise complaints, upon City confirmation of the validity of the smell or noise nuisance, or non- compliance with the regulations set forth in this ordinance. n) The City has may establish a set application fee for a Conditional Use Permit for a cultivation site and, as well as set annual fee for maintaining the Medical Marijuana Cultivation Ordinance Page 5 of 5 439 cultivation site Conditional Use Permit. Such fees shall be established by the City planning department. o) The applicant must meet any additional standard criteria and fulfill any additional standard requirements associated with obtaining a Conditional Use Permit in the City of National City. Section 6. That a full reading of this ordinance is dispensed with prior to its passage, a written or printed copy having been available to the City Council and the public prior to the day of its passage. Section 7. That this ordinance shall take effect and be in force on the thirtieth day from and after its final passage, except that the provisions of this ordinance applicable inside the Coastal Overlay Zone, which are subject to California Coastal Commission jurisdiction as a City of Local Coastal Program amendment, shall not take effect until the date the California Coastal Commission unconditionally certifies those provisions as a local coastal program amendment. Medical Marijuana Cultivation Ordinance Page 6 of 6 440 Martin Reeder From: Denise Davis Sent: Monday, December 14, 2015 2:26 PM To: Martin Reeder; Claudia Silva Subject: FW: Materials for distribution to Council and Planning Commission Attachments: South Bay Compass.pdfi ATT00001.htm; CUP resolution.pdf; ATT00002.htm; CUP 1298258.pdf; ATT00003.htm; Medical Marijuana Regulation and Safety Act.pdf; ATT00004.htm; Seller's Permit.pdf; ATT00005.htm; Fwd: SDPD Review + Economic Impact Statement -- Cultivation; Fwd: Dr. Mark L. Rabe recommendation + Science of MMJ Importance: High Follow Up Flag: Follow up Flag Status: Flagged li Marin ; nd Claudia, Plee se &dvise how you s. =ould like the email below and attachments to be distributed to the PIS r nrng Commissioners. There are three emails total, which the other two are attached. I have advised Leah not to ;crward :hem as requested as they will be handled on this end. Thank, Denise From: Jacqueline Reynosa [mailto:reynoso@nationalcitvchamber.ore] Sent: Monday, December 14, 2015 2:18 PM To: Denise Davis <ddavis@nationalcityca.gov>; Leah Munoz <leahm@nationalcitvca.eov> Cc: Martha Boianos<bolanos@nationalcitvchamber.or8> Subject: Fwd: Materials for distribution to Council and Planning Commission Hello Denise and Leah, May you please forward 'to Mayor and Council and the Planning Commission, Thank you JR Sent from my iPad Begin forwarded message: From: "David Blair" <dr.d,blair@amail.com> To: "Jacqueline Reynoso" <reynoso nationalcitycharnber.org> Subject: Fwd: Materials for distribution to Council and Planning Commission 1 441 Dr. David K. blair dr.d.blairPgmail.com Founding CEO/Board chair A Green Alternative MMCC, Inc. 2335 Roll Drive, Suite 4 San Diego, CA 92154 619.980.07'77CONFiDENTIALITY NOTICE: The contents of this email message and any attachments are intended solely for the addressee(s) and may contain confidential and/or privileged information and may be legally protected from disclosure. If you are not the intended recipient of this message or their agent, or if this message has been addressed to you in error, please immediately alert the sender by reply email and then delete this message and any attachments. If you are not the intended recipient, you are hereby notified that any use, dissemination, copying, or storage of this message or its attachments is strictly prohibited. Forwarded message From: David Blair <dr.d.blair@gmail.com> Date: Sat, Dec 12, 2015 at 4:18 PM Subject: Materials for distribution to Council and Planning Commission To: reynosso@nationalcitychamber.org Greetings Jacqueline. Thank you again for everything you are doing to help National City. We look forward to joining the Chamber. I have attached documents for the City Council members and Planning Commission members for their review. The language needed to create a regulation can be found in our CUP and the City of San Diego Planning Commission report. The documents are comprehensive. An attorney could use the attached documents to write an ordinance in less than one day. We are working on the Financial Impact Statement and will get it to you shortly. All the best, David 2 442 Dr David K. 5lair dr.d.blair@ gmail.com Founding CEO/Board chair A Green Alternative MMCC, Inc. 2335 Roll Drive, Suite 4 San Diego, CA 92154 619.980.0777 3 443 Nee:Cpc:ar., A Green Alternative An Interview With CEO, DE David Blair fyie On Ilia Locaic itn c,isirtouis persn end when 1 biAs.iicrinething haitnric happecveg riitc? Lecorriunity. led an iirwel rote, to cloaorriefe and ask Wnen A 6geen figtaviative oprz,,,ENI rt pay 5,4er.o.on March 20, 2015 crisit Nocii§ from o maim U.S. Mekoz part of entry -. coaktrit hecp Out find ei,A mere A Grnce klecriev,,e it, the first radii inanivana asperisary tnot Cvri, leg* opqriao eia Cit end Courri of Sart Dago. ft 4151ofic MOMent, hightv centrnvegsse a•-ci Id it my neck Qf the wood-4c'ne•So,.ilti eay. So 1 waMoici to thp..,,,torettom seinotty ak.farti arici trIbri t9r an interview, Az O. Or. ciavijetait, i,ster haiii me: he asl,s his wait r):. I to !Prot pib v.;-noy wotijd l4i k rie ttiwcied: but tO ir cop'the via), stey //Etat n 1;,-itoiar.. Sort au*. ItA4 teuift uar ia.1 treritt,. and !he s'alf rie Dr, &wuard so co.;id cootact him Within the week :sat a- Arri tor a long =evacuation w1 Starr aUr a tax' ot cf•Spent:Oiy, Sett adsr a shin wen his ,::ecrctistft, kt,goO t.De, E.,1-a'.7:t ,•"..iar says: he is rnbat4 the off" ge,rnrt irnlOiCat marijuara sliapdrsaf weak to the aless..Wtiv; 1,,vc faikAil,;, The htst. ntr„,atx6 t7ie Na5. done twat-5.01:70g the C tat6 aEked rr‘rOCA, to wen a iesifiii• at3 non -prate hi.r.ness,tieiE proud of this .7re. Ft% tiermpurent, Second. he consider:, his hes/M1e be !Aerobe(' and o'er?* rnecitai rneitxtifia dispensaries- Ncii.P 1-41Ve to fodow the :Inc.latus Ma! heard nis two co-awriam Zar.)17-..:201US er ci Doug Grickifo, havE flsafed Tight Security is A Priority A Grekvi 4f19makms s'rnitoi fr,) honk -4101 ,t,Jyras 14ticurfev. Fiezzu-s. 3-ociey s eActiogerl arid rests are dispeeMed EMT t .K..nen: needs svict lea,* rneaseitv,•_ The enitryipay t the mat) 6,1-rnOit is ouilet resistant and „anmedguard .(contradiad annt iS at the front not Only 4:11.inng Opening touso6 #Yelt twenty-101;T rcs a clay, seven dais Per weak. 444 EL&a tertalf!etearref CA r.e toted that the Ospecistlry Wks like a 40 txti4,tw i9frifd 'Mgt shiny hardwood floats if:Ocka tak„ais. ;harks-0 Biorr taiont for ;ntorior rteskyi, His estatittriem +Its° has a large securt',.; els it: the bark. Bkw wptaris that e osh ac4;ornmock2e a dozen 0E4%0 w410 s.anitat3oz1a4v tow houm rvtAer„Iirm treste.f ...Svti( 14%4A There is sirio a tank, button nude and polirx) oloir,;sed +64! be 417 the *Witt in loos than itfie frirOCS. -c-ks TtieRltalfixie lam ratEnts. Oor Staff 1%0 my lite are ukt7IT raors.1-zift soy rIm'sy." iftar says. also notes. 'As. a s000lt et the fir 711nnarive eM2lki.dled. Via City artp4041 OWE I and Mow 6ve:ritx *ws, hat to &low oar ',sea" A Non Word Corporation 401 Mestmt (..tfrree i-profit Managerneit• trom the tliiv3rSity Sae.:-.7tesp. rat -it :v4nted Pos4,:vey Siesealg ararl Heekehi- Ittit Ach Attgrar. Ini t. wtr, a Ir-te mock( is dale for-plotit. b.ee feast tikes hybrid tar the two. The ottedentai itzz., CeCCJSE With nori-pret•t %Imitation, * profits go back into he ts Oka a nonf. you con m tn,re. trA4 it gets toted hook into the lion. vie 14,4%. ;hr. TAciel we're fuons,r) -glom We're all 4a!iit.71.113 sitlaneS, bfk.4,.:so 'sib' crt.; yffirj. Blair explairo. the 1,5vis w:11 eriov fie =manyto bocornc mat, oa•ra"-,rgt,ect tris oposoE.kt4, xnwauth seilevg. The rw-Dar:.71,4.-.s eirenly (Wind 1615.000 re weekrot eL.t Mai 1.-As woK;liefi 61110:,iviitsik atr fNAK.1 at:teC4tr. voqc.. on ix,. rteroac.t, r:1:2" s,azoFs ooMpai ; 7'4as (k.',4 &Mk piid $441'300 to ttin rifnE of rAitxreia arri the Oily of Son Docn s4ce tams os:e.cie were Peittlirad 11110 ths'av thngs. Vs/tem prertio0 vikT"rE M7'100014 oliSpar,ia a--ct we,re parrailted to rsekver. Dixie :Kt* things ane IeqC rWalt gi'VA, the friGe.:01,1rL ta:t: th.; riAv c..1wi9e Iark.lo as 171:4 X:rti"tora exPElhe Ow *Klee* bushes* anti r x.sb); open new aspeinimirm t'or nr4i to has a 5....tb-lettexera grovanl for hen They thr-. 'mot gcncrel !!.01.K0,3 that 20 111tStO the sambJjrcrde z.rrecIrs., tia ani empioveast tc :Inme rrn Golly. the Pent come ts'om Humbcidi Sim erf ttat at' growers 'rim ! (nine ror California teLawe 4ou c.„nnat Mai a bc_roxy in no7,eicsaor. rngrrp-ona, Thmli a *War oriole. "tau wow, go to Mtorta tind moo reconsnenriation from Caiitorris. Trio 06.; State that ha,1 Ter frocaty, is Nowa Why isnIt it sold in pharmacies SnnaKi he able ilk. but I's beconfe the Ned4.1drat taw trtirrgx 5tdrc state triorrse.ci•ty r courity ad ngedif:oi insipana use kg gieixt aocording lo ftderA kiN:" Br %PA,No do.ltor 'is 'Wowed to imm-ntra 00E:Ekt% linE•ritke %OS1 Ofe itvrrly A mot>, wnia,Jdiei .s RLi-spaterds OCT arkel worrerteridation 16 a stoic florl protyaM :rebitsr acr.",vOirlg to Bar. Vvit etal;tiarka is moolorly vshoduroed. t. the tat' se categorf as .zieroin However, more and vote 4aios at.") rncVcing Igoe; anO he wit z to see rnerittona toscrieckiect 7o 2 or 'a fita,r sprimisle that the ;(it; of Angenczno vont to seR mai:Lora ;g0;:..zect. cntvlariS that both the House tesi Senate have passsof his 10 :74-ta'd the DEA fror_'.; gang Iwo StVes marl reatAations in p:ace ninfttAna turnk Atiott,3 it0r6 10 ha PPT4 ittal 1h0 PnliSkiSSr 4o•ng to nasotadtk, et1::--frticehe leo..zs nifico Cor,rewv 2ineeCy AKithrig Cr4 r rd t h We to aae dm( t clop g. lire-arra.= ;palm f hm Tfrue-46 st too bE, ar":1 interp3 C't a"T•71:in0 VIrryivrg Zhem oil, hey shoi,ia grab mid ;Az e'er'n t them psydiat.-ws0v. St}6atelej..y. They r ttoy 03771 heal banie$6. theN rati Who is ell ibis for the Recommendations? -pc,,07,;p IAD are o 18 However. we Lave s tirhar ik-igItzdor,. if tftv high sonml. 4.y iorri.mtre tivir %ems coo awris 'no.: a meg:ver M-14..sF can gut o romper cert.-Vat oh:Ottr. h;jh school twouSet **OW Ot cieStsioatet is Um high. Soe0or.torydiMbuton pi'.T1MS r„an get a cmegrwer cortilicate mid pick It*. 1;1Khcatrricl trrefrzehEitrAizArs, *1 thee ITIEdicertiOn frOrn Os. They 1 ham to e and Ow micartie, *it •trele not Seillit# Tr.:I see It:lack:Its raking seiziffea and 445 !helicon Takee !image el Charlotte's MO ttlev r.ne !WM) rnonth, tr.z-ttgtd ,",:r 3C-10 a da, That to rho vow. to a rnirade as we're e, gong to sOe tic* explains. We have Vices?. we have Os ;tie are heaw Cad) ire- Purnely Because weri7, not nefe logs *VP:0 with: We 'lc get woo nlericatel. a6d thwye's a big riffererr»,' Dr. David Blairt Story Born r Ingo/tom s. bara patens *voiced O'er. yvas rrtc.nrls t..1:1 and they wavedt trQtfcca-..a. where they wen-. trItn. In 1476 ne graduated frorn Northorettern litume.'ty Ain a degree rn CorrillunKzatial Stater, Throw hand Interior OQr &on. Asdiatoty began as an vintor desi9rer 310 81X1 Aar% in the C.4,, liuipa area. olv_ayr hao an attfroty tar California and 11E4 dkn't t.4rant to gow: rald in r.,hit..a4r.., rc '10 tge ItivieNT:y-si;„ no *moved clut to tveyvpor. tirncri. t inatnecjorned and they clec4dt-4 to go in4o the iNisirkas ot rnant,factuk%ng and skstributmg trosnly . lueezed pica. In January 1962, the), estabIltheo A Fresh Car frr fcn Wrthin /WO yeas. he, nod deVe:f4rICI a tat* Ifraezt agribarThantwit Sunkist Onnwerr: t qipIy thelAciefra M.014) TowS ant et the tene, what ad Th Eallateva forum *acid melt Cs -ore conwer-., r:rgregie juice es wail as tm. owh !met °mama, setreeteme larnunadr.. bonded. lie ixkind rr-initt(Ole rfaSDUS COnttAtiS-and thev. Elux bk,infxt obt Arctkoa e'ditaa mum. In 1E*84Pii Stid tra ty....gdwier,doubted t raCnCtond wert bat* intrt tremor deogn.ie dit a et nt Part 0.4invii0 toe a few hi/futile piiice5 onethan boaqra n rtiftill 713Wkitm ir 1,,Var w)tn !wino; Met 5 2year,,., they broke 'Kt trd dor moved to the hart arna of Sep£te9. 3wJyeaN lam no bought a no../Sa et Kerte rzn7.. meet tor. Itfo rortncr, Doug OITIoto katd operle4 a retail atorie Hilcres/ %.:6,k,d Bier Hnuc,..e, whicn soll decorativezeoessortm. 1:3LiON aar=14,-Ageri, rEcPronclPw Mter'S trairt loff-proto mariagerriert, t 2002 he wa e 'ru :Atclent ea IOW &two, the EA.vter:, Program. rito Me Doctoral l'Arogrorn. In the poomei pro4karn.t fucusoo geneigal :-narlagerfont and. iaadorb,g, Cince ret..4ved :10L;t4nre. PwMgr, teaching al National tImernity A FZIOCatiMli 46rriStrail99 Efi 2008 twyias beaching al Si Dego Slate Uetako arid dove hiu tem" itrOtn- re taught 4 sectom of Ethical Dactsior Mt irBus:rsess. 446 His Partners Elan:44.4. ono businn6E r.,:otner, L\Quo Csatdo. Pt "4.41(R as a Maroitgir aentice E4ent Plaresrg lot $4,varci Patsy Hord*. So also Woad run 6417 House Hownwi. =hien the .w,oriorny Witted Dar As..ise ,‘,Joserr.. Thereafter. Oar and Utstato of a mocks] din'ir in it 00‘14.Ai 1.4q00 Cot NJEVYI Mew, Foot,* Ai:ALIO Mil% "rtt ant Mei; wittei rt*znix-ihditkonti tor mortzei ,naryi.sna, Blair wood twit medical -er,prOrt, s‘an to The r'Ivsk.',41 f*Pooki reas r 4. rt-t etraritiv: Ye1he tno the indAvieuitt i.sas 3 cal0oate tor r.leckat icitiitiaria He fact a cl,...ictorn Skype Ca.na 1,,,ervei in gOOJ standing sid Aied hArzora. Cram (.td ih Vhaj cnaat pats and ha iCrist.tifzi wafs out on .31o. rood the irst sxxit practicaly tO- 11 ItAi:to Pstf def dec. ri trot -oarrin ti.n*i. ?art, ivaus vori a 74c313's rnanener Pu Ft.,rtte Net-onsCtE4-at and :;r,stoini411 r Pc vit 11-04. way lit); arvither end imrintor4 ciroaki A ureeo AkeenaSe together. They am nov.1 theohrise ooc-tro members of ple .tvahon The Permit Process !I Sair and 17,-, c..,itrors a yea- to ge'z heardwi b.prfe..e 1; the gg41Guet Of S2 ..7.W.00T.. The pomnit it'Af uorrl S5.1DO, but in OW( gwi The WrTL hit vended to havo a ::iigricd ire -se agreanst 44;:ti a xi-41ov o, else- ttio; naiad to own 6.1sr %mod the spac,6 l'a"; In Pay tent white watt og ..:tricovr4ete isermite and airmi-ki,z,fte. prresa rm. en erili'a ya:v. 11 !bapperwd. Our attontie-,.. Lon% Roger& nao a p:.•):..ip nt us 011:-4;40,1141., Sall 'Ake ciOrtl $thOw nrmi thft 43 going to work oeca Dr; ether yrit, T?. Tri tre begin**, They Awe 'mint.; on the tt; :n fect, they Te-oriaatec: innr. atreber 19% Zfr.*stat tries zzr.1 Px.t badotl, psr,Ve Aft* had .:.ilklacty t..00istleited tite.rJ tnn pricl1 461.45. Stiodent,. in:Tv had to. rt., dES "But we wJe tat a.1ng thr.: procetia, ddril rave en..;<f lite ltleZ1.40120 Purr ?IOW? been to otait 1.irtom. 'At hal a kseoet gift") in fin% vie ware nonter 3 i&Pe, rr'x tthe amicgAzen 0.4,aezi$ :A:ftrifrencrg... we got ;here el 4.* in the r....orring, as kV tht. 0110(8 'A=r firOUIPwP 1-4114Ce' r4"-OeU• Vt:a 1DD'• ire par, i ovh.1.1C4 The), Wkire sat non* They ow T,is�cn t ZOO buck m Ard trir,h tie,«Ltho !6ei oder WW1 matlrir. ars/ '.re going to tio bringing oeoplitinot in ‘.tie. r.',.st to de,e4oprrosal Servoas aaGst the Onset and i-4r•wr pus:3N So it becacea mai run to pet to UV, Wet' frM erxi or* of he apptcantt- was ordbatify 4,29, he wal way an ort kont r -Ar tv he -WI hi lame ,nd wnicii. zrrne p-ieV spoke tio: -Thi3 dizAs-i.i't twang nem. Hes out ot Me and ?ie.* mottle a otoblvn tk, ot 'os." telt rr.:.• that yuy was cpre tom tho !me after Mi. "Then race 1.4p diamtx end iacied up torn our atatx tor 58.1Vi and 4.'hatigi,:, TWA.; ;Nor :k.atiort fee' Col pare that t-; the $.735 Dam soys c'" r4rri tr•!, krirlie to coon al: I sOuSe He,I. 11-• perrfl floc ti3rk 9 montri--- tolA then 'a was alao appe.a:od So 4 took vea. Acihrokall Ptoctist- tiorAItxVio FiaY ci1i °Veda idr *.vr.stt weS as atcrtieti fetus MA ill MiCALI arOurd nO,C1.30 His Dispensary Is Number One wTly woe 'Ins Ends: one, ittihte others me. twee tits Tgrstr tile v.tiy tteciugh., we &aft. We ;Lint The c4 would say'. 'You need As.: Ns sivotid :eta,. a Micorniig-:; th1 * ttr two taw," two- Ci telt.* 73e") i9 *tit wenigia1r9: 11*i ''AVeClkit, 'No ore OSe khe He war?, witn an Drip I), ,f...oprowl &rams rirf*oliner;?. DM and hc ti%V1:4"m Ire do:unions Wine bat*, wen a r.orgrati.atiarn, nel'e wive on corium:or enamels tetsited, hay wete ready t rntt*.lkeerl • .';1117 Bee buMancte0 heee C4eale. The,. a•o rht my elleM'ir, 100-7 arm ary insnris aid 1 dcsoft wart to do xtineating that WOW!! kip them t41 SO two' e tam ;an warn that r. Ight oe tioemionobie. ti?.E.aih.ertising. wort to Ar:nia wnst we ate adeatistin end what we can't So nattier than tthq it and getting my nano siepped-as my mother wouid have sad to do k a r,,ontited years ago-- biA ViiS Idet important Cin no.' Bias said 1.-fk oorl buct thow3 thrie until tic.: haat itxtc?roct the cri.t Wroi run a rwuration winen we're stegior rojr4 now?' kis a ucisecoorvx# JAraltina. pawing and cxxopliiing, Reit sa that A (1.swee.:IATt??rtaiNe has wtablishad tieN bowlines to:the Meaty tle$ I;X.ipleti that r-r•Ind.,ortt, cio tor example, rcA, earyorte who taboos thf„ri. 44.s. to hew the same tx.riet protIng. Tice afty wanted a grad write they 4 47 tkee epw, Mair earl Matt not goerd eficiuQh.. Stne0:3 cfrib met tit not.Tici Just tYog Lih-ort, IrktA9 re gonna Iv* a (XXI 241r Anci then zzoseck one tet„eif saxve. -10Iikt'V going t:.; have xt lrmeri guard ?-4 " Another reau....t Blair as rra Company is nurniter onIy is fv a rkrter. "tvf:tigt:zo. p. 4' !,ii3 rasses. Saytij I /IV difference right and wroiv eild we will n,)t out eth,.-s.l cement to !Mk,. rAlc.' Sul Her explains thief -won yokt- haw an annad g present, ibe ii•eveighbadveld 04 ;act Bacats that %rid :n 5101 jtAt tore thOLIP we're payiry kx h. It he Wiltthwa erne going can nenothtx Plac: ties firma step fri, s.,•`-ett1.41 he mils 011 nd pt:U 0001. 1 MN*. IPOw. But thet,'ire all safer twicause cif ut.,2' Its Personal Tn*:tVetrNi-iria a TO Cf415 back 1,, th.€ tx:timmtmiti. VIevi cid! ticcemE a protesse0 To nextea others ' tmla7.113.1"tt Staftea Wag baCk a:readll in 199e wriFr he Created RA fY 0412MiZa:::«111 Pc & 'F:,,Vgjr,Spelaketg, Hit Vitriol, about 150 RV .etfr tOd mtokeis and ten !WI an NCIJ *chi the :_ichOo1 oizcirtt; fryono, tne Count: yawn *WO MCS. reazhed the Wm. c it* b:kile,z." H7: pvt. heart anti mAt r that o zatkifsx:,,,eahe. Intact. .4.4.7r F•ai:' ma' =ww-luany perSonai, In :965, durir9 the height of theNDS Bia•,t does:text upTiice netsity 'tett,ed test lo sae he 1,,,:av nnIt-Tia tin was scared tr. death. s-ath47t,11 owl happen to rne. A nice bity? it did happen to rne. • atchl those cktri:i. EjJar rx13101-01, via& 5 !•39d iinger in the LA i7",a•• Chi 1htasiur. 1 etwaye- bud ;r-,:gos. hey pia protaably ser !,741iir irt the Pertotretriti Ads Ct.-rite,. in Ofame Coorhf. 1 r.out my partner at :ha v4a,-, ktering to the rnusic, was counting the rum% Jr. PlActrkt;;4fr ifSt EX,p09 Pie i cour.,1 126 flarre5 CO atk?s plot I 41seite who tieu. Trim Mnlg in `'1.;r"angeCcxxIty. 1 It twe 4'sri the set* i.sprxt the torxrir..endv.',on pl)•.,;,,ic- litair o Li%iwina nJraii'miCAdetPlAtig soveqa nv-J, (..,tacesn Ovnge truic up tf, Let Air:gees. Bias marioNi.at rnOil4tian5 VG•AeS progreor -1.141 Why Open In The South Bay? 'DrAPPI 4IT!` fialrec arta 2nch Ixer tivionh Bai ina we ktit IttltS,uPew was being riegItcyzei. VA: fewe're }ph; to ge people SittOti GI the S. kY'a uas! Bodin cif the $4 o' Ttey d „fr'el !':sse to on sn itrnws ley Scutt in a veryr ate dear pitave," Ckem 8•0::, fie& 1:07.ol Enri, in °my Mesa East opert-ir 2:117, belteyna.f st Tijuana wifl as‹. oeriefft frOin A avert Afterriebiws cliL4peneori. 7Ncywa neAKI ..) ha ite a ak1I VW %betnii5s4cierity C,..;titirria arid theVil rhea() to get their recorrrienclatien setithin Califivna. ituwever sliit :mean tat those -A.) 1e in TOM Car% t41-4 mv4j! one ode Merco. bid ey cannot bfrg 4 acres& into z.tnci Acite...vng the pioblevi ilariii.or,a rem Me4c,., int ; 11-k-UdStates. Oak Vihrf 151 haipPenci2. De 'Que there t", such a ITLITiV4 ir thPOWAN, /tx1 tife'41,:iart tkictr'-'4 4aM fra0g c--ut of marittlara %vaSc Ft nt veal Seeq,1S and everything aine vnJ as juSA St'i•rvstead, They're gskwingpp. "lbw "P P71'411'4.0wit lhe drnands. " A Strain Named For SD City Official As bit- iii;••L' cordirxicr to bixim. PtakL the nartnrs tie gives the .:ilermws. Media covers4te has Wert iiee,57ana Atibui.. plans zo tnteiview h4r' as • pfodur4 area bevez, hcory ori We ie wilts hit; mien* ci.„itxlaies niot4 .on 116 ati•Oi cleireinp pod peop!e. He oweikimb mom,- :eat oravps veal Crly axing the wk.' ay. (mare Awned a Sian o! marktiena after en of the most cit• ott;ceis. Blair sad the tvan ham: raviA he btr-in riArnr-,1 Ate, her. You c find iteratitirri'.'w,anv agreerioaricral:Ae.orcy 448 an40.3111it; c vi rkiafitd (play V441-e DsstrK." Genet*. Mann Ccrs Willi US F -,Jonfrs,31,1. As3r3:,7anno game brst.c.sg zontatra• u .:- Red Posisz Sornas Arnerica • Churnn4h rioc34 PEtintinV6 • 7J Oyster EA,: Ilse Seafood Pitrais ▪ Maithew's a/rovi • Hiritsen Wicioom Ror.k Art Vel Cennabia. Featelgd, Mortjtase May Wee Cs:ay Vslarw Digtriet 4.714,,rrua water 449 Viridis t.uv► Group ` A Approved by the Catifoids State Le latsre: Septa b r" 11, ?1 15 Govrntor Jew' Bnowtt must sign by October er 11, 2G15. • nit tau oaf Medical Marijuana Regulation, within the Department of Consumer Affairs • The Chief. appointed by the CoVernOr so be awed by 213 vote from the mate. The Bureau of Medical Marijuana IZeguladen shall determine the general rules and regulations mimed to issues licenses. sees. The following State Agencies will issue licenses: • Departoneat of C011601Thei Affairs: Dispensaries. Delivery, Storage, Distribution & Sale. • Department of Public Health: Manufacturing & Testing Departmetd of Food & A*,rierdtmre; Cultivation Other agencies involved in issuing regulations & enforcement: California's Environmental Protection Agency; Californ N; Sty Water IttSOUIVO Cootrui Boanf; Dept of Fish & K ildlie and Dept. of Pesticide }vegetation O� I&�EEN:. (ij Local permit, or License. or other authorization from local City or County, & (2) State license from designated licensing authority t' , Fled' ' . « 12 license types with safeguards against vertical integration • for -profit sailors allowed. Uaou the issuance of state liCCIISCS. state taw relating to collectives & dries 0..8.420 and will be repealed one year after issuance of licenses. • Patients will not be allowed to sell, distribute, donate or pnovidc medical cams•. Patients may cultivate up to 100 sq. ft. & Caregivers up to 500 sq. ft. (far 5 patients). However, local cultivation bans will apply to patients & givers. • New regulations for pesticides, water, electricity, & land use regulations, • Trade & Trace rowan to be implemented to track seed to sale to transactions. New wing and warning requirements. New tegutatians fix Doctors recommending medical cannabis. • Counties may tax medical marijuana activities, 20320 S.W. Bach Street Second Floor Newport Ikea CA 9Z660 Of& S -221 t000 }• 450 * Unless specifically pro% ided for under the laEw, a or entity holding a wane license is preNted front holding as ownership infest in reel property. penal property. or ocher a eis associated witch or used in any other license category_ 'the licens ng authority may deny an Applicant bond on conviction if TM The offense is sue Bally related to the qualifications, functions. or duties of the business or profession for which the applieaticnt is trade. • The following will be considered in determining what is "substantially rimed"; (1) A felony conviction for illegal sale, possession for sale. manufacture, transportation, or cultivation of a controlled substance. (2) A viokni felony conviction. t3 l A serious felony conviction. (4) A felony conviction involving fraud, dccen or embezzlement, ▪ Review of the nature o(ihc crime. the conviction, encurn:twices, and evidence ofrehabilitation will be considered. An applicant will not be denied solely based on the above eon % Wane if the applicant pravidcs either: (1) A certificate of rehabilitation; er (2) Evidence that the conviction was dismissed, ANNIMPTIONS & PIROYISIONAL LICENSING: The following. sections pruvidc special regulation* * for businesses in current compliance: (1) r tier taints 1. S: l f a local jurisdiction adopted ten ordinance allowing businesses to culd,vare, manufacture, and disperse medical cannabis., then applicants operating in such juriaktion shall not be subject to} the cep of two (2) home types if it MeC%all aft a following conditions: (1) MI commercial cannabis activity was being conducted by a single qualified buuinew (2) The business was teltmeting, msnufnaturfn& and dispersing medical cannabis or medical cannabis products on Joh I, 2015.. and tas cominuortsfy done so since that date; (3) The basins has been in full compliance with all applicable local ordinances; end (4) The business is registered red with the Sae Board of Equaliz son NOTE All culJtieesion emnufacturing is : required to cacilr AIM he bounds of a locidjuriadiction. b this ac6 icy must have commenced prior to July ). 2015. and rte t be dog in full complitiete with i ordinances in which the aCtivitie5 ace engaged./ AB266-§ tgi26()(t) 5 AB 1932* (C)( 2) 20320 SAC firth Street Seermd Moor Newport smelt CA 12660 tea 94V-221.1000 451 01) Oa or bane Jantor n 1. 2OI* A facility or emit): optr ng in compliance with kraal zoning ordinances. as well as state and foal requirements may continue operations until its ate license appikalion is approved oe denied. (1) State agencies will prioritize those who can ''de state to the au ti y'n saitikfactios that itwas in operation gag In good standing with the local jurisdiction by January LOCAL Cci..TIVATION OR INANCE& if a city or county does not. expressly, or under permissive zoning. or chooses riot to minister a conditional tense permit program for the cultivation of medical cannabis, then commencing on March 1, 2016, the Stage Dept of Agriccrkure will be the sole licensing authority for medical cannabis cultivation applicants in drat city, county to 6ir and count), PACKAGING ik ',AWING U G OF EDIBLE h FUICALCANNABIS; • Labeled in tamper -evident package. • Packaging must not be attractive to chi1diien.. • Only generic fits names may be used to describe edible medical sarmabia products. • The following information. prominently displayed and in clear and legible font I ) Manufacture date* some. 2) 'ftre statement: "SCHEDULE I CONTROLLED SUBSTANCE?' ) The statement: "KEEP OUT OF REACH OF CHILDREN AND ANIMALS" in bold print. 4) The statement; 'FOR MEDICAL USE ONLY." 5) The statement: "THE INTOXICATING EFFECTS OF iIIIS PRODUCT MAY BE DELAYED BY UP TO TWO HOURS" 6) The ct.4i meat "THIS PROD1JC'T MAY IMPAIR THE ABILITY TO I RJ VE OR OPERATE MACHINERY. PLEASE USE EXTREME CAUTION." 7) For packages containing only dried cannabis. the net weight of medical his in the Package- ) ) A warning if nuts or other known allergens are used. 9) List of pharmacologically active ingredients, including, but not limited to. tetraftydrocannabinol (THC). caratabidia1(CBD), and other cannabinoid content, the THC and other cannabinoid amount in milligrams per suing, servirip per paecage, tend the THC and other canpabinuid amount in milligrams for the package total 10) Clear- indication. in hold type, that the product contains reedical cannabis. I 1) identification of the source and date of cultivation and marnifacture_ 12) Information associated with the unique identifier issued by the Department of Food and Agriculture. AB266-§ 19 21(c) AB 243-§ 11362.77 (c04) 20320 S.W. Birch Street Second Igor Newport lleeth CA 9 t► Cake 949•221 1000 452 RECORDINGS REGIJESTED BY CITY OF SAN DIEGO DEVELOPMENT SERVICES PSRAIT INTAKE. MAIL STATION go PROJECT MANAGEMENT PERMIT CLERK MAIL STATION S01 tNTFRNAL ORDER NUMBER. 24004634 SPADE ' IS LINE FFDR FORS USE CONDITONAL USE PERMIT NO 1298358 A GREEN ALTERNATIVE NATIVE A MCIC PROJECT NO. 36&w4 PLANNING COM N /SSION This Conditional I.Usc Permit No, 1298258 is granted by the Planning Commission of the City of San Diego to ROLL DRIVE LIMITED PARNERSHIP, Owner and DAVID IL BL,AIR, DOUGLAS CIUS T OFO AND ZACH LAZARU S Parnittees„ pursuant to San Diego Municipal Code ISDMMCJ section 1-26.030S. The 1:47.acre site s located at 2335 Roll Driv ite 4 in the IL-3-1 Zone end Airport influence Area (Brown Field) within the Otay Mesa Community plan Arc& The project site :s'evilly described as: Lots 12 and 15 of Otay huernatiottai Center Mgt No. S, Map No. 1187, filed in. the Office (gibe County Recorder of San Diego County, September 17, 7987. Subject to the terms and conditions set fortis in this Pamir„ permission is granted to Owia:riPennittee to operate a Medical Marijuana Consumer Cooperative (MMCC) and subject to the Cit is land me regulations, described and identified by size, dimension, location an the approved exhibits [Exhibit ' Al dated January 29, 2015, on ale the type, and Development Services Departmen$. The project shalt include: a. ration ofa Medical Marijuana Consumer Cooperative (MMCC) sn a 1,406 square foot a within an existing 14,090 stye fit, o 1o.story commercial bnildi 1peuty b. Existing landscaping Wanting, isri8,ation and landscape related improverneulA c. Existing off-street parking x Page I of 7 ORIGINAL 453 8_ 'nuance of this Permit by the City of Sass Diego does not authorize the O /'ermittec for this Permit to violate any Federal, State or City laws, ordinances, regulations or policies including, but not limited to, the Endangered Species Act of 1973 [ESA] and any amendments thereto (16 U.S.C. § 1531 et seq.). 9, The Ownet!Per ittee shall secure all necessary building permits. The Owner/Permince is informed that to secure these permits, substantial building modifications and site improvements may be required to comply litho applicable building, free mechanical, and plumbing codes, and State and .Federal disability access laws. In. Construction ply shall be in substantird conformity to Emit "A" Changes, modifications, or alteration to the constnaciicni plans arc prohibited unless appropriate applieation(ss) or amendment(s) to this Pettrit have been granted. 11. Ati of the conditions contained in this Pemut have been considered and were determined necessary to make the findings required for approval of this Permit, The Permit holder is regoir 4 to comply with each and every oardition in order to maintain the entiderneuts that are granted by this Permit. If any condition of this Permit, on a legal challenge by the Owner.'Permittee of this Permit, is fund or held by a court of competent jurisdiction to be iawa:id, unenforceable, of unreasoeablc, this Permit shall be void. However, in such an event, the Owner/Perniittce shall have the right, by pin applicab:e processing fees. to bring a regent for a new permit without the "invalid" conditions(s) beck to the discreti,nary body which approved the Permit f irls ration by that body as to whether all of the findings nceess ry for the issuance of the proposed permit can still be made in the absence oldie "invalid" conelition(s). Stich -bearing shall be a hearing do novo, and the discretionary body shall have the absolute right to approve„ disapprove, or modify the proposed permit and the oondition(s) contained therein. I.Z. The Owner.`Permittee shall de#'en d. inde inify, and held heartless the City, its agents,, officers, and employees from a:1y and all .claims, actions, peoceedings. damages.judgments, or cots, including attorney'st fees, against the City or its agents, officers, or employees. relating to the issuatn,ce of this permit including, but not limited to, any aclkm to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City will promptly notify Owner/1'ermittee 'gaily claim, action, or proceeding and, tithe City should fail to cooperate fully in the defense, the Owacripermi ee shaft not thereafter be responsible to defend, indemnify, and hold harmless the City or its agents, officers, and employees. The City may elect to conduct its own defense; participate in its own defer, or obtain independent legal counsel in defame of any claim related to this indenraif cauione In the. event of such election, OwneiPermittee shall pay all of the costs related thereto, including without limitation reasonable atturneyws fees and x ss. In the event of a disagreement between tlx City and Owner/Permittee regarding. litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or otter disposition of the matter. However, the OwnerTerraitts a shalt not be required to pay or perfornt any settlement unless such settlement is approved by ChvneriPermittee Page3of7 ORIGINAL 454 required to be posted on the outside of the hesIOC and shall only contain the name of the business. 24. The MMCC shrill comply with all conditions ns and requirements of Otay Mesa Development Permit No. 91-0I45. PAR AT ON: 25. The San Diego Police Department recommends that a Crime Prevcntio.n Through the IVIM C. Envinnrt7:ental Design (CPT D) review be requested by their department and implemented for INFORMATION ONLY: • The iss ance ofihis discietionary use permit alone does not allow the immediate ccounmement or continued operation of the proposed use on site. The guanaco allowed by this discretionary use permit may only begin or recommence after all conditions listed on this permit are fully completed and a1 requite ministerial pits have been issued and received final inspection. • Any party on whom fees, dedications, reservations, or other exactions have been imposed as conditions of approval of this Permit, tray protest the i the v of this development permit by fl1h g a n st within Ciility ClerdaYak of pursuant to California Government Code -Mice, 20. test with the+ ity Cleric • This dcceicvp:ncnt may be subject to impact fees at the time of construction petrnit ism. APPROVED by the Planing Commission of the City of San Diego art January 29, 201$ and Resolution No. PC-4.651. Page Sof7 455 NOTE: Notary acknowledgments must be attached per Civil ca-i- section lig, et seq. DOUGLAS CRISTOFO Pemoittce By ZACH LAZARUS llermiltee By zach t.averus Pennittee Page 7 of 7 ORIGINA1 456 PLANNING COMMISSION RESOLUTION NO. PC-4651 i ONDtTQNf . USE PERMIT NO. 1298258 A GREEN ALTERNATIVE MMCC PROJECT NO. 368304 WHEREAS, ROLL DRIVE LIMITED PARNERSHIP, Ownerand DAVID R. I LAIR, DOIJOI AS CRTSTOPQ AND ZACH LAZARUS Permitteesm, tiled an upiication with the City of Sat Diego for a petnit to operate a Medical Marijuana Cow Oxiperative (MMCC) in a 1,406 spy %ithin an existing l4,� square foot, one-storys9.� funs tenant reference to the approved Exhibits "A" and corresponding � Ong (as described � � by Permit No. 1298258), on portions of a 22.47 acre site;$ of approval for the associated WHEREAS, the project site is located al 2335 Roil Drive, Suite 4 in the IL-3.1 Zane and Airpart lnf unnve Area (Brown Field) withixt the Otaty Maw Community Plan Area; WHEREAS, the project site is legally desc'tibed as Lots 17. and 15 of Otay International Center Lot No. 5, Map No. 11897, filed in the Office of the County Recorder of San Diego Cody, member l 7, 1987: WHEREAS, on January 29, 2015, the Planning Commission of the City of San Diego considered Conditional Use Permit No. 1298258 pursuant to the Lind Development Code of the City of San Diego; WHEREAS, on Augst 14, 2014, the City of San Diego, as Lead Agency, through the Development Services Department, made and issued en Environmental Determination that the project is exempt from the Califcrrtta Environtrnental quality Act (CAA) (Public Rues Code,snction 21000 seq.) under - CEQA Guidelines Section ►5303 (New Constmetioo or Conversion of Small S no appeal of the Envirompental Determinationfired within the t sift ' and there was Municipal Code Section 112.0520; pertc�d pmt3de�i by San Diego NOW, THEREFORE, BE IT RESOLVED by the Plat Cornm City.of San D1880 as follows: That the Punning Commies ado r+DING3.: Conditional Use Permit Approval - Section §116.0305 1. The proposed development will not adversely affect the applicable land use iP IM). flawing written Findings, dated January 29, 21 j 15. The /rimed project a request for a Conditional Use Permit to operate a Medical Marijuana Consumer Cooperative (MMCC) in a 1,406 square foot tenant space within an existing 14,090 one- story, commercial building. The2.47-acre site is located at 2335 Roll Drive it the TL 3.1 Zone nd Airport 1nft.en Area (Brown Meld) within the Ow Mesa Conan -unity Plan Area. The site is within a mail shopping center. 0.2 miles north °fthc Intetnational Port of Entry with lv[exieo. The shopping center includes a vaticty of gmend and Malty shops and a 4,000 square fist restaurant Peggi of 457 years, however may be revoked if the use eichue*s the teams, conditions, lawful requirements, or prod isicntis of the permit_ The referenced regulations and conditions have been determined as necessary to avoid adverse impact upon the hcatth, safety and genera) welfare of persons patronizing, riding or working within the surroun6nz area and therefore, the proposed MMCC will not be det~irnental to the public health, safety aril welfare. 3. The proposed developsnent will comply with the regulations of the Lund Development Code iacluding any allowable deviations pursuant to the Lend .Development Code. The proposer} 1,406 square Book Medical Marijuana Consumer Cooperative (MMCC) located at 2335 Roll Drive is +witt n an existing 14,090 square foot retail commercial shopping center that includes* variety of general and specialty shops and a 4,000 square foot restaurant on 2.47-a*zc site. The existing shopping center is in the 1L-3-1 Zone and was developed per Otay Mesa Development Permit No. 91- U 145 a:d approved Building Permit No. 8-00233 i-91. The 1,406 square foot tenant space for the MMCC is currently vatatnt. The projectproposes interior improvements to include a check -in counter, waiting rooms, dispensary area, employee lounge and reel:MOM. No public improvements are required and no deviations are proposed. MIVICC's are allowed in the IL.3-1 Zone With a Conditionel Use Permit (CUP), The CUP requires fvfMCC's to comply with SDMC, section 141.0614 which requires a 1,000 foot separation, measured between property lip, from; public parks, churdhe , child care centers, playgrounds, libraries, minor- otient€d facilities, other medical marijuana consumer cooperatives, residential care facilities, and schu°1s. Them is also a minimum distance requirement QfJQQ. feet from a residential_zone_Jtaaddition to minimum distance requirements, MMCC's prohibit voc au1tations by medical professions on site and do not chow ce rtairetypes of vendurg machines. Security r uii enta include interior and exterior 1igh.ting, operable cameras and a :petal detector to the satisfaction of she San Diego Police Dot, alms, and an armed secarity guard (the arming of the guard is subajee t to the satisfactiiaa ofttte Development Services Department, the San Diego Police Department, and the Office of die -City- - Atto cy). The security guard shall be licensed by the State of California and be on the premises 24 hours a day, seven days s a week. Hours of operation arc limited from. 7:00 a.m. to 9:00 p.m. seven days a week, lvI'MCC" s must also onnply with Chapter 4, Article 2, Division 15 which provides guidelines for lawful operation. The existing commercial shopping center developed per Otay Mesa Deveitopment Permit No. 91-0145 and approved fhiilding Permit No. 8-002336-91 is in compliance with development regulations and building cuteiitu>r.s. The proposed MMCC is consistent with the land use designation of decay, Commercial. The proposed IvIMCC meets all development regulation , no deviations are requestexl, and the permit as conditioned assures cot pliertce with all the development regulations of the San Diego Municipal Code. The proposed MMCC therefore complies with the regulations of the Land Development Code. 4. The proposed Inc is appropriate at the proposed location. The proposed 1,406 square foot Medical' Marijuana Consumer Cooperative (MMCC) 1t(MMCC) located at 2335 Roll Drive is within an existing 14,090 square foot retail ccanmereal shopping cater that includes a variety of general and specialty shops and a 4-000 square foot restaurant. The 2.47-acre site is in the II.- r tea 01'4 ORIGINAL 458 autery public arlithir off,ctf torn cAnikatervelfikt; op4yoto 1 idC"It ti thk illiimmoyar whcwdchzurnetitU,Nitich this certficatr attached, and oat thetivtleituiriirekoctabiglio raDditY al thiniikiattliant I State of California County of 2r De:3D CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT an itbkr Kart{ 3 # cA:115— before me, aly appeared lkit.clevt_e, I IF. V 051- vilito proved to me or 14e basis ot setisfactory evtelence to be the person whose nam re the within ingrument anc acknowledged to tre that they executed the saine in authorized ea paetyLletr and that hygeherithetr qtat the Instrument the personK or th entfty upon behalf of Much the person(,$),a executed the instrument. I certify under PENALTY Or PERJURY under the ;am of the State of California that the forego:rig paragraph is true and correct. P WITNESS rry hand and official seat, Signature OPTIONAI INFORMATION feel-. :or! n prevc l'rak.neutern rerta.vi 4,r),/ franartme-ir al. this rc :I'r? ;to' arK -;rr &•;r4 14.:1 p-tfsar..$ re:reifi thf. 4, a I Inched donerrerv. S.eah_ Description of Attached Document C,..-cfcauz of Acknowk?,isrncra. a,:racted to a dz.,:igneci: tedfor the p;rpose C igg g958 or& n AtIrnativt, cr.irr ta in :19 arrldatc,C —r.-41:F.7e(<1 c. ‘03citlo 4tithority /are AVM" .7/-6-C2f • ar.teqw,r 't" tifg: ••, 'ff•• 9,:t°4;:. • f•.;• tff'2.4-;:el'' 37n 4', .4" •=7( e ,•Af . 0,1 4t101,1%' pthogiof Sono Idenanicin ;1‘ to -la trts. ret," tal'ec:f4 "Trilled in rag), :wile 7-avie• a I --- Other L.c-aiyru L • 5, oft:,:t*%..itr- ttar s"usr • -4-1-7; osr-v S'tlivoilisi-z,...n4 'RN fed w, ffr : 459 A notary pubac av Whet *Irian mrnrGrlinq ttOi cernrrr vi veri5ea only flit 1 ideCity otthe individual veto s791111t the document to which etas tett3licate `. Fs Attached and not the trutteii +ess, =envy, or vaLdity of -dim doee,nr *. State of California ) County of �} .eet) IA CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT c ' before rue, I e ry& - personally appeared E y j f 1Ws { who proved to rite on the basis of satisfactory evidence to be the person(S) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herht e r authorized capacityliesl and that by his/Jim/their signaturefsl or the instrument the person(s), or the entity ton behalf o€which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of Cali(ornia that the foregoing paragito is txue and correct W TNESS my hand and official seal_ ture OPTIONAL INFORMATION !^7 iCfi 5S@:;:Gr: ¢s FU'r . etrr<r fp:A:du:,6-7r .V•t"IC ter aThrn,,,T:r r rh/SxrA.n>rrr'n t 1.:14:44,.2x:a:).r4,Merr �' r nZ�'��-ns p >'Efuf :<: ,7vra rn•; re,y,./79 Jr, Greas tc a Description of Attached Document zre eci.*tg t ert;!catE rf At, kntt:v'E r nenr ;;; etaChed to 3 tot,?,trren ri.iEC�rf`. t•1t: ir',erjjo.,e of cofrr".r '.r9C __.. iwC . and ca:.?:t1 The s`c::f+t !3 caCJs1ct'.*y of aLtn-Only JSra°c dS: rEi 'es.dnttns: 'yA xT� .. •'io- 8 "¢iF'f>o.: r ^I,7¢•Ys i^.ir-^ ••• rWr idt'rfti edtior<ac14 s'v:d, '1r ;lard even! 'i 5r!¢d rrf nzrta $ •et,r •e; on: 3,94,aY rf VT" tAI:t Ottin > •Its. ._.. i!f r i •ts ;;.'te•r:K: "q.r •....r.:Ne ='1ar . w a... .'*., ^•x: t -om._•x•rn,tmdie^:..•..•d•te+:xasi�s•s;.,• 460 1 S ootyy pads( -Or Otrs£1.Oiftai Ktxng4ding 614 eerttketcktetWA ontY ihP 1}i idereity of stF individual who s gr d irse ticsatroent(i7 vslyi h this tesOfeate r isetr•thea,and not the ttorthGdrsess.accgowxorvaKdnyahdust document State of California 1 County of 4n Vebr tttr .2r4,5— before me. CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT Peesofalbyappeared ciAadoe Lazar ivic .. who proved to me on the basis of satisfactory evidence to be the persnnja) whose name arse subscribed to the within Instrument and ackr owledrged to me that; ' they executed the same in heiftheir authorized capacityLieet and tl'at by their signatureici-ort the instrument the persontsk Of the entity upon behalf of which tote person(0- ed, exec itef the Instrument 1 certify under PENALTY OF PERJURY undert a laws of the State of California that the foregoing paragraph is true and correct. wrnvESS my ha mi and official seal. Signature co sae canna. P -.Y ` MlIpW1Y Meal) (3Pii"OML INFORMA i7ON .-- �r, :. •.;rrt. fFv ' P rmrr ,,^.c' :r, rt; s t : t.tsr. f3 ,_:I r' .•»rt r CK,ti/Wt'r•Tr.r;e7t "C•.s.n I+"':iJ: 'i!e y ?'c-.`�IJr. r 1i: 'I tLetf^.•�7fi,Ce.:S: rt.i:Jl;.: 'gig tat,1 S,A-Y;7=?^r fR77f Y, : �:;:..� � .i `::n:t y � Kos t4Y 1 � arut tti �G�-Sari r +R';/rr g a=i dh� G12t2crver} dOCu:� �,rct . Description of Attached Document rent —' t d6 �t ii. ire o; A ;r� r~ e. =rrr: ^ � C„m C ;,ti-,• g�� .I '1t 1. 2�'taC!w tz);1 dCli:jr.cm, Melted sriS►gnet lsiSrh►.lfisr�a�_ pt . i/► r l2, ta i Sil •'ts•ec -r,111F, � ! (tell/3140.-51,41-imA- CurtUNtt :r.t^ f pagez, aria ' - J $,,'reds? capacity or authority tata a�: , r ors. , tP tar,t$, ";to•e.5ent itc: »"P P. f sE-" r flttA.y `CtrKr''3i" �crm earrvo;: Other ,... s Y • • .rcC ivtr r{,r ••, P^C1L•fr:Y^!..A?' : �M•' 11 461 ota:), pVhL orothotpet tMt1 identity or the .Ittcrevid 4011 whop nosedhp whd/ this outfit:Ise 11 ellched. ont1 rat tilt ttilitlfulness. Know", or valdity that c mentj State of California Countyof 'CT) CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT On qt,r(Atketi c before me, ___Minervci._,Attherr-c. '""et MAW, T.,:n4 1•••,, personally appeared ris-fc)fr who proved to me on the basis of satisfactory evidence to be tbe persanyl whose na the within instrument and acknowledged to me that star/they executed the rne in ' authorized capadty(Lest and that bytisiteritbeir signature* on the instrument the person(*), ur t upon behalf of which the personl#acteds executed the instrument 1 certify under PENALTY OF PERILRY unclethe laws of the State of California that the foregoing paragraph is true and co MINUS my hand and official eat, Slgnatur OPPRIAL INFORMATION frleiti) ::g"..'"0.rmay.or: !.'"Iis sects::°relay! 6-aruaaireg fefra,,,:* ori7,:pwraawra9.-If rc arlinc:,:ri',Dr;zed ear rr and map -pru reyalgt/ rhe attochr *caCwriarit. Description of Attached Document Trsf, preCerjirig •21te A e.:k delecgrrni.:. 7 iS Dv:ached to a document Me • igrdtr identirkattorl litItaliko th#:itaf pose of 2.• Li tp1/4.10 I,X1 ask.- to me basxsie ta7 $""0.•••ry e*Cei4•••• A nrtan Plkoacthad ,arld dated zacathy or autt cr .5.1rt.• as: L. A'zt,•rly•••'n•Fwi Toresentino. Nctaraal ffr•P•At is *IA notary 1r,lina Fsv., ;45 frvy * _ • :51,,,,taryzt.,-71::tit4--6:4 Other ree:s. — ;;•,ru: -0,$ 4.4!,.-r,:"..,13 ; -, ...'s•C re: ...114•1.1•1•111111. . eset et T.7- we:+avit,..Za,ta 462 contatninst pages art dated The $tgoerl,i) capac ." or authority is/are dr:4: Indedic isj 0 ri *fec c(s) 0 GIimrr,ar+s�nt a P4 srf _ UsnitedGeriere4 TrusleeM D amts. State of California County of SrAn Ote nally CALIFORNIA ALL-PURPOSE CEFMFICATE OF ACKNOWLEDGMENT proved to moon the basis of satls`aetnty evidence to be h orersoniel whose name(tOa subsoted tO within instrument and acknowledged to me thatherithey executed the same in *iced capacitost and that byCberitheir s natur CM the insistanent the person , or the entity upon behalf ofwhkh the person#sTacted, executed the Instrument. certify under PENALTY OP MARY under the laws of t the State of Cadoinia that the foregoing paragraph is true and car ,rt. WITNESS tray hand and ul'rdal seal 5gnatu, e OPTIONAL INFORMATiON - - - - - - (Sean AgthcitIgh the iri vi7taroOf, WOOS sect'o it not 't rt'tf e,ykJN; irMaki pfesfehrfr d+danr,-?roova101bdrlO hinontDftlfii wiecigment ra an smatithafiZeddOCurnent and MaryPrr taertytpent; fe ldrzy an t ants hedefO nnerft, Description Of AttachecLp4xu t It The preced ng Geri/kale of Acknowledgment is attached to a document , methodaAerlox k�ttttll Or the purer c/ -1Z , P J\jcx fasir ' • edta foe on 04"basis ththfsax •trk ,C-. Nocati0l went $ deGitiodio Muwy jateini3 urn: Q3tkn r CI 406 dothiScarivtil LD T tt+syd. 0 tepreser1ting: kispostatemmio e++ rssuenG ACapp gMlGp7:tp:4 eryllutA !CS Del 0esxkMr lkAD; a-00/ 0400110O"OtiOp' *VOW to eaaliwO(Thk►ww 463 f 'N. 1445.304 t‘ 1.:1110}01Ln 1:h;1 17,11u., s, pi tht, '1LP vi .16:4,1 .4,‘ 0) R RtAtk. - Pizrrnitto:s4r..rm-itimt t ri nicip St141,6t1 4 4411,tItto. i-laiunn:1: _ 1,2011.' ttiCttik t-t'" = Lkotirrii: Itkr- s,:r ; 't I znii _• _- " I A ; kr,.L ifi4e th.c, 4%1_1- 1 ; 9r1 le.rt • 41111.: 1.1 ORIGINAL 464 1: 4;ta:tfld 1.1.L 101 t h (111 i11 Sari 3tw< r� l C ta*.'At,at3t$sta.- � ,� 1114 F. tr C ., P t,?t 10 t'ari},`r fL}' I-c�Jr 1i. Si+ate 1. a.10. _ 4 " ..5It tiw+c . a,tI"«�Lfl w►ut trc:F atlullik; , `� x1 f .IM. iintf.mg i ai Act i '475 I ESAi and I `iBoatit'1rt nt.t. r i', itl + i l r51 SE p 51 cI seq. }. 9. ITite Ott•Lj `:l'rililiic4- 41,1 he.111 iii x !. i!r tii The c �, ecttl'iltlt* t- rfll4bwi+,e-4J tj°,_: 1wi tt�tlr' t:�i'tI11Ti4 . Rd-Isis/nil hu.lid9rYL mi)dil t.`stilni$ and NtlC imitrove ti. en,'s 6--bay i�b t 1t r or,1; , w N6w,�I itFi N �iF It � �1 �i11a�` lire, i;ticacltiazi.l1. tI plumlftrlg toticr ..it t '`,tz c- J Rita` li N'E l ti11':t:u. t i i $11a.Y;. III wti ;:jstl c.,41$..nuiltS 10+ tilt itt# "rs," c anro, #11' 'tNtl f,01111.‘ t ,:throblriu 1.0.11`4 Jl t ino JirbitAi LSi� '� aS1't'iprtate .Iftiitli ri��tlitr,l FIt lYrretit.ttn'fr/ N :t' I re 1 ei fa:4L Via,.-. wart7,zt.i. 1 ii t tbc c i>dii1+ 'ri, =if`tif-:li7k{t 111 ihth Pcnrari Carr hee.1 .porLsitierigi tioti wi:`aria filets it e ucl ht.eY r° I. wave ibcfitly,kii t.. uar ;or upp1+y. Kraut. 1 h I' i'l k�ri lcr t s'-4114• 'C4 41'24.+lai bi• t4'Qt t cnCia.:li1.0 Cr:*"i:ito tll:tlntitiri 1 unt,iiernt it, ha �E r ; 11.1..11Lt'ai k%y Ihii+ Penult_ 14Ji Petr;;i..plti 11 h i,.�l Lt t ilic N 1 47IC o t thFtl!.- I'c�rt't}_ t5 i ��t!'1NE1�*� c1 ire cl rti i 1~x Ira: F;7t- ti i Lrl ,i f rct I fl'Kg Ott iietdi t,r _ trtettr1 ;#.f :c, or yin t tsorii, C1; i 11tif74"11 it l i7' , •"o t f Ci'TS° *, `r YrN y tilu :fit ' til. the C_hAr : 'cni1lS t 9 1 � r .kire cl it :Fi IF,# ritclit .'Nh?e bring a rtquestto .. 1ii7.1* permit wallow ttic ninv li, ,, citli or'ii.til h4i 4 #+' (11c It-; rrlh1It.=.,), TA'hiich apfm,%t:d t t P Nu :in a dt ertranroit lay 1,11;1) c€w ;zM t+`I!L°. µ Jt� U �1MY tt!lJ�fj ls'? tn7C'�+ tl rltl the alcJrrrt ,it triti: i 14 r�ryt ipimnitwwi,:N .111It l U r iitcle l.t< the tit! Olt. 'in .,'IIid c,DrAlitioilrfst 1 _y lic i Cl 1.14: � ;° td15-01.11r,'Ytl'tSp.T% tti'4' shall }Twit the C7i:+a111L111; 3 1t tCx twrti FtIi.: it t3111 t w °rl:l4 isatllt + ! r ka iLLi+iett L fir: tl4"Itf s i1 �wt" 1r6 C. t;,i JR7+uitt 1 t. [i�4#tom T rrltrt !tall I:to? rgit#y, to! h...-4/1 rrre- tlfw t:,!.. Its aiS; , And (”1- 1,}� r fr rt tt , 4 Itit I� `L]-1 + ,- rt * 4r1Y OCCOLtJ31L, �tll.te`t���S. tila't;."Pu't+_ r31F 1 :'. 1r1<i11'attltl' 4t11rr e.* lam_ t stth 1 ` , -� CC1, � f #�� +C1'lt4, i.kxClY✓*"i�, Mll i!N11fF$i13.+4+cs, reWl!-xk !l.d! ,-1.11,IIr.: t 1 t.1114 , rit >iTit,iL+sl,lrtg. 'Ed: not dints i 1+r, tan. xr Ui fib to 111 etI�:I;It�a � � �,w , r+c# rl�r+dit, ti out jam'. for aan4,. ��}I1Ca i � lldNll>rt1 1 i wg11+'Ji1 IY�rtY �irltr 1`t7.lri,ii"1a111c xt1�I rlcitaini t (t.decision. i:1 tik �,y�, Irtl��t11Y �:�k rzluw.A uvula P+.^1111tww +il r+�*'li' i,Ra fi Z.C1101. iil roc �' tf ltlg. &Ow 11;4 5i}Y).:ti lEllt� 1tJ a �t=e ] `C � :} 141 ;Irk' iS4' ."]I.t 411I: + p's'11t:. F'4"3 i� E[ii lt�i Ya,d1 lItemstft.Ti = `> "�i lab 1t44w 1111 T r 1ii:a1 hglit thtlw< Ciiv or ilTv Avail, , oilit a f_ and Itmip6s'ort. 9 ht: City nu* 1,rita1 7 Nip ciai4l t:ren —i_ r4111ti+ :5tii in ate r+llk - dcfietale-, 01 +'+, tJiGYi initepefttkr4 la al 0.*itta et INS deli -olive ,It ! %Alum tdrized ti tick F1tK #trtLi ation ors the s La31' ,.,I s.Yr ]I Ctcoinit Owner Per. ittm 4t411 ray Ili 10'113C tiu rC• tC #:: herdic. "r�i_tlt iiltltl` `�- i T.0 �tltygi,t` t t 1 f Itl1 ttYYJlis:4. : fe is tti a.-43O;tvnut: 'PcntinTest rcpnirng tvignilort imaY 1. Ihtc ONu i huvc t}tr .,,s;tl rr-n -�rri �o� 1€rr i ti},traxYwr 444 :c k1ij utor. /duel& d i>iot tM;iwYl�s� ha1: >;1t,i hinged 1,4atkrii rL, *J.? other 4Ii4pr,1rflhlul.of titeltxr. 41r>'cti+t ▪ , ▪ the 1. eta r inin . iirt be F <Jir�*ti "w1 c7r,' '3'prt form hi) Wtt [anent trnfpii,c,,veli iimin 3 W by OW rta,7Pvyt it i ve, Page_14If FORIGINAL 465 r4:4Li41:144 )te r' th ti ate 4MJC znd, thallt otstv VAN, the narifthc hIhThz OIL. !,.°1-011 *44-vp1.1 st, WI 1.,:roh-dl .4.nd •zeguirori.unt5. cit'Ota 134.-.60.rttneent II if. `IfF r P4_041:c I(rIW:111TM-Qt/I'1011IhycijJ 1" I LT thcir dll:pleritlerit -01.1 LlIrIC-1TiVei; !‘0,41P.1.1A1itiN •1,„; 4 r tij t7`2:11. 'n'are pt'rri1111 4iorx. itixfi not titiow 1. 4 111114.-n' k.1114-11;i T • tr'thic." jits. cIII 51'1'4' The operattun rrOrtlift ha) Lott) begin Y'Vvailini5,10:-C it1.0- Al! Lillidirinni 1!-SICA :ittnlytt.M44pernIlis ots-.1„tril.o.rd 11,1L-J .111 A. trait-, iii tirrufCC%, pc.71,,,•vail„ra$, fili.1% wpiiifitivpri• ,rftt,r.s mip1,:oll -76 11111)11 :it rk-l!f )dys zri-cta.,..11 'net; (-;;E:f. g • _ (”til.gi:!' rL*-4;11. th Iinii.If korvitn.44,- r -ti,. 11 11.'1; IIIH 7 1'.4-L-'44-1' Li I 1041 '47.01 11111:, -21:r I IGI NA L 466 t) S IA N. di: Lib Pri tcdiVik.:r nut arc 1:41.20ird vier ik I I I Hit CLAS (RIS 10R) crrnritti 111. wa_f/ DICIAjai en Ltfil IA(11 LA2.J%11. et,mt-ttei: 1.4tn.:7$ PLI,TrlitteC 1 ORIGINAL 467 17.'[ P1,7-J-6-51 PVA1; /0- '1/44, t:1'_14N 1.-1 vt.t. 341004 V., 1 jEilf foiLi FRUVkiNii l•'ARNI-4-61-1/11P. 11,E/. tim- pm: 1,),%4,%°t1.-J PL HL iR. 1)4.1,1(A„-15, i:Jkli;.-1(11't) *".• 4) •IrrIk41--1 irEjo.ti appl:,L:ation lktli1774), S411.$ 11110t t41/ ± SI a cal "itanjcinza Ciktakul at.tt- c Nt,'.%.°4' I.:71 .1 1.„4itlitp 54.itiat feilt tV thr» :413flusT, 141(00 *40441110' ruC111_ 41,13C-Itirr!,, /;4-0,71 1: 471.1 i'/Q! aW by -ic-a-v.,„; lc/ :WA toLlfro.poilditvz -;41,11$111tott, [ot Arpnirr.-4,1 asciatli No. 1.:CP82,5giL. tin rtoqrrts, of a 27.4 !A:Fir-4cl; Ats, r?0,i,„;.L pit 144...4.04 :7-3;41 !1.--1 e`oze,- grid r.kirp.,:i kfiroviqi 4:44 w u..101111 !t Chiiy I.4.6.417;:antrriattit eihtni I ER /- AS. tt.c L.4b t 41-1,- n 1): I tlitmiltirliottail r4f, :t/'u t 1 0.0*;,. Eitoi [2, of IL::: C.701.1,ntit, ititcordur 11117 S[4i 1)tctio t 54...-ptcratvr t I 1/414'1i( .k 17. 211 5, it)14: pl3ZItiing C:kientris ,-„7, [ _C. LI 'S al 4 V1/11.SidATFC1j. 1-41141 D= ;94.le CIty 4*/St Al kiln, It City .01-Sari thew). infruisp,ir Dcycjorin,cm ilerlotrik7ft, Atk440.1&tnnnujEh;'Sr.1 .:1- ! rta...` FICni0:1 frrrrn C.2.11431[I[41-r.t 16 41114:al I ai qt1.011tLy A.1.1 ixrtc 11.Ct.,01.1414 - 47- tiJci 501,7/ Un ILIJU716t11-111eF Sccti: 1:1 121:107 '1/4C10,4L.liijON ; i :'17:117t101.11%-*:••11. t.14711 thrtt „fp,01-.7-4 the Octerrtarr,J111'[.0,iiTcJ withit,'thintne '71:iSir atto Iiii ) Hi ifRisul 44 FL$i P1i:tii trLfl rit) 0—S3h 1.77,kKgtt ac5 L frtirni211r titr fi.111/iijpootv Fittd4-45. that-4_,Ittzttlar., 29.. 2_6115, "htlditiorkat rcroint ‘tipt•p['[.-11 1 r,K .1 Lie Vetilltili1411T 01,1 ki1411174,-J,1.0 Art(!cl 111;0 apptklitik Lind 145.4, :,IC 4 ik .(41j11J_CingLietiztnte/ iii1C7rail0 41 Vortiounz t„ott..2-4110.7, %Jo. 1 :11 fool vntilitt 14,,tt5/0-3.40are_ loot, orm--- 117tv : I • . ,it RuOrtiot.t, en Clic 11 1/t,:714,,, ,azaj 3[1triefr't 111-,t711,t. ;71-itoy,r [ 174 ititatIttat:-. ,A11:-.4. wttliin 4 R;taii .410,r'!-[tw PT. 74;7,7 h117:c7111111011LI Nit at wry wiltit %-1..txieti 1[17w t:f!ittilliriti, trtt, • f/t- grAti rt rind A-44{,tellin% Atr[1.-1,71,!19411 smiii.arit. 1'1144 t1a111; ORIGINAL 468 iIk cre-.00;ted if Lbe vise vtolitICKA; ritetrn trinoot-.1/1. Ji1irrequArcinen:A. or ptek TI1610111' 4,11 the piCflrit bc tt A craryixi f=i3at1011,. Laid ,..104;41114.1:1-1 ;14.110 e ;IL* 1)50;tpi.t -TH .) .avutril 20:Nerie impaLl Ilo;hih.sltiety -1414,1 ikT2tl penfii_tics pabaniiing rto-ttling_. Of Within flit; ,it1.tau 411-4:44.r. pi 11 not t.,-; dertmattat the healttirt, 15-5.'j(155 1 pr ..L •Ii 11L 1, 1! iLii-111;d4141;iiAlio" .55 I. !!. j !!!1‘5,r5;•!!;!.1 at, 1. t!;555. 1_ pi, .%114.4.446, peraiwr „ilicmcd gill 2,3 ;,..5 !Inn r 4,.,09110 Lad ' eenter iiat mc1.,341e..1 4rir„I:a ol1 stItnII dI54in..kt.1114. .14 43b4.1 a 4,1 r utii i • ant ot ..2.,17,takTa Eva: 1114 .04npolitir ernier 1. It! t11.5: 1.1)11. 11111511 pelrtJtprzrittl . rrt ii-Tyrovcd 13,.C.t4ing P4mTiit No BA-012.3.36-41 The I -4)0 0-411x.--A.: idiot ferivt± toll the cLIrt-ert Ty '44z/stn.T1 proit.c: p:oriYieslflkriQ tfitpr.,`,.01111yei).1. 11" uicTud 4nii r. mdriqn,.111.1;iit!", ciupit 544-.50 trtiogc Airkr 5:. pOrj 0,573ptikl-c-rpl:ms 2FQ.,i-Naitod irld .5 T 141P1.1a1 EtAr121. tnip:Acal NIA It ;TT the - I ;tont with ti Citrglitilrtn.11Lt?CrrIPIT 4(1 .11 t Ilte CUP regetrei 11 '1 • 1 j V1LG. ri 14 .111644 0.411Ch Ticst#41: 11.iiii.00 I iiik!,1 4.7111f ti:02tWitic I 1 r tlritrr 17731 ;wk., I:bun:het,iricent1:11.. 01)irot414,, libranics„. rmslor- .0-rtirrik.:.: other nialic-4.1 emsuma .VO4.1 t4; JAM l'iM"C A rizirt....oliurb_th,Ftufter req te-Trik.114 1:70C1 61-Mrin ti Wdrituri minim um diFratU:x imluzrorficr1111'611lb cAnt,41.114I1ortil 41.-131.1X114: prtifts,s11...t.ng.tit. -F,Itr .„! LVIllAtri 1111-503 tif ,tnattAin,ginaciori.oi StsAtrity-retrttirernettrA tad late sat at or mut extertor I:14,joi44,:;..1 !Iry -able te.atwerai and rttetit1 Lietever ihe 2.1111$1.1C57.1iiri tliC'S,Plt: 11.i4g.r Lflt$ Or armCd 17:111.' arflij i.s-'0.10:1 to 'lir ,.,4/5tution tbe Dexclopmerir Sttrvwce-. r*errf_rwiwrIt, ttc: 14,-0 Da eg.-.) ce ikpartrr=tt, arat trae ufflre t Cit Aittpillit% Thr 1.440IujJ b lair 'Slatei CJjt T Mid SC on thr prmiit* 24 hjir ; 7,IiiP ail: 11111111it IT .55C17 7 '-.14! 9 oqt dx-pec .t 1,11;CCi5- '..r..,le ! 1.51-1 tt (-11615roc' 4, Ann:lc .nt.d,,In :1tk1iIttravtd-4_, oifjcItnet. cut 1.,altJ,t! ,,!,1 5:,:t1041.01.11:11 r15t7 ()lay N•le-sa. iirvahr_thrtil FoillIT 91.0j4j% Apptovvit ';'cr:rift r-.,0 i2 4 ;6-41 olfopfitsfif-v wrth.tlirAcioptactilt A-egtiOtpuni I. prOp0.,4 ,14117.11-tra I ,Alith the !Anti 41,14.gartitri ,of litilttrircrai Inc'pod (.1e; eIntmerit rep.tlutittcl.t. 1111 ii roLittecia Lttut permli ckliK1tiny4t11 tk,[74.1't.irkee WaifdI h Jftpcnt nubitiom of the sm TPA. provi..cti \IN11(_t liorrcffire irls 1I1e rephillotnLJhc. #.4114 I It flAIL it prop/Ned lormiton. ',in .19 N!itr!.10,011-ii C04721tattet COOp=7111VC Ilovrtyi 7 -1_11'4 c.:11 ....uLy;Lt foot retail coitab Mt:4AI r Lim? JAvithici1 1511-I 4171-5t .1 4.1/1111 N.Vaitre toot reittatti.1/1 lilt,: I" 4 !Ate t:* air. IL_ 469 I r • , WORN1A ALL-PURPOcP CERTIFICATE OF ACK.Nr 4 EDGMENT —! _ ..nrdtint %/be the ot.4%on!..04,vo+tiv5e ni4;rn-tVOtui 'orNinin VrcuT ;IM-0 tc, ale that r&1414i•jiti,lef ,extuttO Ci1v. Lin* criciitifilWEI,IVili -Iptc amf rhdt byifiedhtir:1117441 tigiuttireK un the 4n-sipurt-em dhe pitritr,W.i t6e „,pe,”.btirlipP ,ix.wri 54: aired. -3.4-:_E.11t4.1 the ht.114.1miententn F.?i,At r 0,7 i'ERdItre AA!! .(!ir t6ii, ws, 04 tiTrir 7.• • 1- • ---, , ro* Arta careci 11' 1' 11] - itMlf ti'laiMerEIRWRIPIrTFT?i: inp-A I • ,10;._ — 1 470 • OW MVV 4 CALit.tittiNi intL"rit.VMP1/4,:r "." k„trk iv At. 1,,koCiVtit . .41, 4 7, • "111( int A f - - 14.2. kt,, tt") b eV" -6113.nnilt u le. riP4!/tentrr .17 - 4 ro t#.7%e h.e/ellm '41117; C.4,11:C;attfd 54irn Iiiiivf:Tii,„441 OLJTJ:L:;teletli [J0-3Z-,7r.! ' • 14gitztlarrflitl on ItsAtiThurTtuu tke t)r, the. err: Of 411.49-r lir F-4,1 ,t,:uted (ht. bru irdp.is.tf -•-•.E.:7,; C-j-1 t-,filti5 Itite, 4 rni ILO lt-ou Tithe 4-,rtt icatrtct INE S5 rily hAn0 itir3Ott-,ii .11 ---J II rf •-`.1 • Vt.*, -.00‘,,,7,....v,.*•44,010.-"f.t,v-v„,.. 4 ALL.A.1;:zs,',5E.4 ,;:- ; , .; • • NEENE2anitElra=4-,-.- -t,-- v ;.. -ffef,,,vvvv.,f—viflopf j 1 471 tr 1CAT a' Ial,'r r•cf..:J lici ti i% er 1i 7 brit 1.% 4.)1.5Att c[, : c•Jdr.rt- - %;r be Ihe pelt1.1--,,,, ' ►"T54' T14}Jt ; S4.:krb';f'i3.'i! 1 Q I r',' aria .r..flO w €c Z�' rhro` ';Et:st '.. ...4.- ; :rid ;Fi,ai 17i"11�, rll1Yf. ir? ti r11ftiJ e--dd`-tm 5 3 le w. '.Paiir;dtr? A'..4..(1-0 rti3tt��T77�„li4 Ihi; #n[S> d! �iJt t"Jwfit. i .�.3�,.�3J�L'LJ�;y' lhr•fr'Y5'laltll-eryQ - 11=rrTi5raoh IVolt in'd (Wile.. ' Y: yam,-•e:sS,Ys,.'ygq� y' ;-4.7. .1 AL df:Ft]I ,4fA rf ;kr, 472 4-:txtr.: at CaltfoTnia • r` ,„,?' LI et 44' 3 kt C. A Z. FO N IA ALL-K:4'R CI SE C F OF a WO Vv`LE 2, GM E NT L S,1/.10S1q11-i•t1):I (-3176to. the Fn.? mgii '1144,1,101,-,2 - , .• .4r4ci igr':'d te II hibt-6)1*.trfilitn. 1.14-LICLITE'd •Bin110 rf% ;tit.); 't•IV !NO-44/117114,61' si g Cm Ithe 41iffiartrt th.e personOtt Ot. the ri'd1L7 inArument r ET 1 - 1 r14)1'4-JP TN!' . 't&nicotrt.-: '.«Thniy 1-4 ix.] arid CCIlLiLll fkal _1• oiTICAAI iNFORMA ropy -11 • '7•:fpi • , • LA '445 tk4 473 A ; - cow es4+442licri iaL 01,47614.141AV 40-4 • ;! ivid141 atut mrd4.111.e4Iitit,_-.4ead L r.T.J.C1 a .3. NMihtrittAkIVIA, nitIFIR imidr) C4-ority tlefori. FxraN. £i4., I CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT ofh0 p414,0;erti Ijt. JEN .11 5.11iiStaT: tco ;-y tat T ) tne ritd2t!, t.P1LE: VloiltIgrf AMC .1..grICIAVIetR41 CO ii tri-Atat7Stt--..i.9- the : . byeyhe,'FiLtVi-r 549.naltkilleifri or.:rt,:;',.orkt-311, the kingly ar,10111 . 1P.o p.etii ante atted,cJ th trultrun%Potit_ LinooPENA.kri., UP. r.,--FkiliRY (.0.-t-t.-r the ixer, ote cc.fri.riiih tOte ltruf Eflj V141.1rNt i5 rtarli and oft:Jittiolal iy)1 4.:,,--r•Chi • r' • 01.1 '!":‘ _ 11MEEMMEMMM ,WeC .r... r 4 F • • tai r•e_ 474 DISPLAY CO TPLACE °FROMMFOR wH t iISSUED CAIIF;)Rr 4A STATE BOAT 3 OF EOM 17ATIC'41 MUIR'S PERMIT aouctranuttr 04/09/2014 59 I" 1.02-6549S7 4 OREM ALTERNATIVE CCORMATIyE, Me- an ROLE CR Site 4 W 31E11G. CA 921 4-7274 L MINIM nab Yeti ON awsivdtoQOaroF Peale oaf Wears teat ;vim ay WSW rag' autease Tin pant bet not Maw you b atr ollanole r ,itiribRav•lo orliTTOSALELAtit?WCTAXI MUM TO enalEitirAE 9 °Mina TWIRL Putman MOWN erne poeur 'aGWO,,. -lb PrreeTAwan UAL ORcamErPc0O.NOTt}Ti4 iL. Irmo tot.Yoknotesim dPowe ourorroRt nittt5Hr itrtFyteLa'tttvtceeE RIESPOPICtk x ksolleM DIIIS'E:TOWel Ake tywirnarmyr tapts nss +7 fl ity i EHEN41Wa1 RG.t-enfuNE44 For general box quembern, t*= esd$ our information Center at S00.4004115. For information an you rights. contact **Taxpayers' Rights Advocate Moo at 000- -2T99 or 01 4-21OO& i FLOE-4..,"-F, HEY. b Wel A MESSAGE TO OUR NEW PERMIT HOLDER As a saw. you hare rights arid resporesibilitios under the Soles and Use Tat i.ivr. in order to assist you 1n your sndeanrrr andtse► basttorurmdeEreltand the Iasi. ins otter to toiliating SCUM' of he* • Wang our water a+ wnivr txse, =vie • ia*f itirtg a district offsce • Mending a Basic Soles AO lino Tax Law class afh+red at Ono of Mr district offices • fir9 your questions in YaiVnq tat wry one of cu- off es " Calt opt' toll-itee.rtforntation Cantor u; 000-400•7115 As a ashler. you Metre the right to Halos resale riertillordiets tar rrosrohentiiso That you inland to reedit Corners*. ya s hive fna responsibility of not erfettairtg made ciei of cater. Whhe tat aides flex is Imposed upon the Wailer, • Yot, hexe the rigtn t^ meek reimbursement of the tax from yrs,ar Ctr3'tor err • vist .TaP Ti15iZDr=S:bW far filling and paying you, sates end toe tax morns bmdy • Yct bars the right t t ►lrca"ed ? t3ir and equitable trainer bytfts wnoloyso. of the Bold • Yuw ar re porside for %fbwingtha regulatticjtlts sat feral by the Hoard As d y.oYQr ycu dareacpudaldrO m;tintt; n the normal bodies and records of a prudent tx stiaassspersort. You we ," wquired iii r7aE �tairt # 1et.a boo , rand record s far no less tt ien four yams, and make them available for it 5p3Ci on by a Baard representative when 'equerbted You are 41S4 expected to notify on if you er+t Wino, aefhteg, ed irty a location. 4r ctsconercing'fiat business. aching or drcpping C palm, officer, Or r: ember, or wtfren gold are moving any car- a lti of yawr business keiatiOn3. if it bocornas recenexy to surneicier this psrrn:t, you :►hou)d cntj Oa 10 by maitarrg r to a Boo:1 aff10a,, or giving it to a Board representative. it yrt would We tr, know more ate y+ ur rghts ass a taeypwyts. cc if. You are trails to rartoive an ism with t410 80254 peas cnntacr the Taxpaylte ROI& ltdvocarra Ot,",le fur h440 by calling tc4I•-beet, OW 324-2709 or Bi6-324-279e. Theiri`at number is 910-323.M19. Please poem this permit s;1 V* mares to which it woo issuscis ^et aata:looseion vt'atztlla to your alell dare. S ArE BrAFID if EilL. `ATif3 Sides and UseTax Def.drIrnert 475 Martin Reeder From: Sent: To: Cc: Chamber, National City President/CEO Monday, December 14, 2015 2:19 PM Leah Munoz; Denise Davis Martha Bolanos Su - - '�- Fwd: SDPD Review + Economic Impact Statement - Cultivation ttachments. CPTED Green Alternative MMCC-2.pages; ATT00001.htm; NC_Economic Impact Statement_Cultivation .pages; ATT00002.htm Please forward to City Council and Planning Commission. Thank you, Sent from my iPad Begin forwarded message: From: "David Blair" <dr.d.blair@,gmail.com> To: "Jacqueline Reynoso"<reynoso@nationalcitychamber.org> Subject: Fwd: SDPD Review + Economic Impact Statement - CuItivation Dr. David R. �iair dr.d.blairc gmail.com Founding CEO/Board chair A Green Alternative MMCC, Inc. 2335 Roll Drive, Suite 4 San Diego, CA 92154ank 619.980.0777 CONFIDENTIALITY NOTICE: The contents of this email message and any attachments are intended solely for the addressee(s) and may contain confidential and/or privileged information and may be legally protected from disclosure. If you are not the intended recipient of this message or their agent, or if this message has been addressed to you in error, please immediately alert the sender by reply email and then delete this message and any attachments. If you are not the intended recipient, you are hereby notified that any use, dissemination, copying, or storage of this message or its attachments is strictly prohibited. Forwarded message From: David Blair <dr.d.blair@gmail.com> Date: Sat, Dec 12, 2015 at 7:53 PM Subject: SDPD Review + Economic Impact Statement - Cultivation To: reynosso@nationalcitychamber.org Hi Jacqueline: 1 476 Attached is the SDPD findings and recommendations from 2015. The NCPD familiarity is limited to illegal operations. I also have provided the requested Economic Impact Statement. Thank you again. See you soon. David Dr. David R. 5laiir dr.d.blairc gmail.com Founding CEO/Board chair A Green Alternative MMCC, Inc. 2335 Roll Drive, Suite 4 San Diego, CA 92154 619.g80.0777 CONFIDENTIALITY NOTICE: The contents of this email message and any attachments are intended solely for the addressee(s) and may contain confidential and/or privileged information and may be legally protected from disclosure. If you are not the intended recipient of this message or their agent, or if this message has been addressed to you in error, please immediately alert the sender by reply email and then delete this message and any attachments. If you are not the intended recipient, you are hereby notified that any use, dissemination, copying, or storage of this message or its attachments is strictly prohibited. z 477 Martin Reeder From: Chamber, National City President/CEO Sent: Monday, December 14, 2015 2:20 PM To: Leah Munoz; Denise Davis Subject: Fwd: Dr. Mark L. Rabe recommendation + Science of MMJ Attachments: Dr. Mark Rabe_Letter of Recommendation + Science.pdf; ATT00001.htm Last one. Thank you for forwarding to CITY Council and Planning Commission. Sent from my iPad Begin forwarded message: From: David Blair <dr.d.blair@gmail.com> Date: December 14, 2015 at 1:11:41 PM PST To: Jacqueline Reynoso<revnoso@nationalcitychamber.org> Subject: Fwd: Dr. Mark L. Rabe recommendation + Science of MMJ Dr. David R. Nair dr.d.blairogmail.com Founding CEO/Board chair A Green Alternative MMCC, Inc. 2335 Ro11 Drive, Suite 4 San Diego, CA 92154 619.980.0777 CONFIDENTIALITY NOTICE: The contents of this email message and any attachments are intended solely for the addressee(s) and may contain confidential and/or privileged information and may be legally protected from hanksdisclosure. If you are not the intended recipient of this message or their agent, or if this message has been addressed to you in error, please immediately alert the sender by reply email and then delete this message and any attachments. If you are not the intended recipient, you are hereby notified that any use, dissemination, copying, or storage of this message or its attachments is strictly prohibited. Forwarded message From: David Blair <dr.d.blair(aigmail.com> Date: Sat, Dec 12, 2015 at 8:54 PM Subject: Dr. Mark L. Rabe recommendation + Science of MMJ To: reynosso@nationalcitychamber.org Jacqueline: 478 One last document. The Council members seemed impressed that we work with a true professional. Here's his letter providing the science of medical cannabis, and at the same time shares his experience about us. We are truly dedicated to providing our patients with outstanding service and up-to-date and relevant science to promote their health choices. David Dr. Davit K.15lair dr.d.blairPgmail.com Founding CEO/Board chair A Green Alternative MMCC, Inc. 2335 Roll Drive, Suite 4 San Diego, CA 92154 619.980.om CONFIDENTIALITY NOTICE: The contents of this email message and any attachments are intended solely for the addressee(s) and may contain confidential and/or privileged information and may be legally protected from disclosure. If you are not the intended recipient of this message or their agent, or if this message has been addressed to you in error, please immediately alert the sender by reply email and then delete this message and any attachments. If you are not the intended recipient, you are hereby notified that any use, dissemination, copying, or storage of this message or its attachments is strictly prohibited. 2 479 Centric. Wellness ' Ho Maw. C.r., howrye l8, Dear San Diego fling eomnisslon, in your rronsiderativnof the issuance of Conditional Use Perfefti would titre to endorse D. Dev d Blair • 'and Mr. Dotalas Crisbofcsowners of skissom Son Diego DekverY Services; a r PesPectfullYtequed that their application to establishA Green Afirminfve dispensary be given doe consideratiod and approval. Asan-integrative medicine physician and carmabinoid medicine specialist ifith three decades of practice experience, I have many patients who `use medical cannabis to effectivelyteet a variety of medicai fir . According to the FDA, approx. MOM AttietiOans die Oath Year doe tar FDApreyed prescription drugs, and eoOther 6OO,OOO teem other seem adverse outromeS from their use. It is no 'surprise that many patients Seek out safer, more wheal treatment options that have fig side effects. The cattnabinoid camponeat s of die marijuana plant such as INC and C50 have been welLdocumentad in the m tRetaliate Or pcs ess bro-i amrr oy; and -oxidant, r euto•Prot ,andantJ. ►ncerous properdes• Acoorringiy, median omnabis worksveri.eeffectivekto heat a variety of medical conditions, including palm anxiety, depression, znsomr naa, cancerr **beta rlplicatioIL and others: • However, In-orderto gbtahi these benefits, patients need safe and tellable facilities, run by qualified Individuals, where theycamobtain quality medicine,. and receivepatie nt education. The same need,puts nationwide drug stye chain locations specifically into densitypopulited are Thrthigh patients i have known David. and Onus for over three Years. 'their business, Blossom San Dingo DelvIaryServices, is a shining example of an own thatis trying to do things right,. They oft plttientsa variety oftested prnducts, in€fudtng an emphasis on smoke -free end prOdacts high its CBI , a dose sychoecrive cannabinoid, that has naaoyr unique heaefits. They, and their stiff, ere , very caring and mate individuals. an extrmple, i have a patient who is completely blind. He has been my paten:: int over yam now. When he first started seeing, me, he Would need to take the bus to my office, and this swiss very difficult for film. Sirroe•lm found blossom San Diego * couplet years ego, they now pick hear up and bring hint to rnry office. Patients Wile am new to Medico' cannabis often comma about hotter imptessed they were by the education that they received from Bs Sher Diva. • lrt+conclusion,1 behove thatthe °Valets of Noss= San Mega DelivetykivronsfA Oren Alternative have a prvvan•track record of buses ability, integrity, and cornpassiort t feel that their present through the establishment of a ptttsical facility vide bee ber>rdfitto both patients and to the corn =niter Sincerely, Mark L nat e, a1E7, ABtHM 201 a Cootie Wanness 1 " Private end Confide nfinh 1 6194464420 480 CITY OF NATIONAL CITY Office of the City Clerk 1243 National City 6lvdo, National City, California 91950 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of National City will hold a Public Hearing after the hour of 6:00 p.m., Tuesday, January 5, 2016, in the City Council Chambers, Civic Center, 1243 National City Blvd., National City, CA., to consider: CITY COUNCIL CONSIDERATION OF THE RECOMMENDATION BY THE CITY OF NATIONAL CITY PLANNING COMMISSION THAT THE CITY COUNCIL ADOPT AN ORDINANCE TO AMEND TITLE 18 (ZONING) ADDING SECTION 18.30.345 TO REGULATE THE CULTIVATION OF MEDICAL MARIJUANA AND TO NOT ADOPT AN ORDINANCE TO AMEND TITLE 18 (ZONING) ADDING SECTION 18.30.345 TO PROHIBIT THE. CULTIVATION OF MEDICAL MARIJUANA; CITY COUNCIL MAY APPROVE, MODIFY OR DISAPPROVE THE RECOMMENDATION OF THE PLANNING COMMISSION; BOTH ORDINANCES PREVIOUSLY BEFORE THE PLANNING COMMISSION (REGULATION AND PROHIBITION) IVAY BE CONSIDERED BY THE CITY COUNCIL AT THIS PUBLIC HEARING. The Planning Commission conducted a pubiie hearing at their meeting of December 7, 2015 and voted 4-3 to recommend adoption of an Ordinance providing for the cultivation of marijuana for qualified patients and primary caregivers. Anyone interested in this matter may appear at the above time and place and be heard. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice, or in written correspondence delivered to the undersigned, or to the City Counci! of the City of National City at, or prior to, the Public Hearing. December 16, 2015 Michael R. Della, CMC City Clerk 481 CC/CDC-HA Agenda 1/5/2016 — Page 490 The following page(s) contain the backup material for Agenda Item: An Ordinance of the City Council of the City of National City adding Section 18.30.345 of the National City Municipal Code to prohibit cultivation of marijuana. (Applicant: City -Initiated) (Case File 2015-25 A) (Planning) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 5, 2016 AGENDA ITEM NO. ITEM TITLE: An Ordinance of the City Council of the City of National City adding Section 18.30.345 of the National City Municipal Code to prohibit cultivation of marijuana. (Applicant City -Initiated) (Case File 2015-25 A) PREPARED BY !Martin Reeder, AICP DEPARTMENT: API PHONE° !619-336-4313 APPROVED BY: EXPLANATION: !The City is seeking an amendment to the Municipal Code in order to address the cultivation of marijuana. The amendment is needed in order to respond to recent changes in state law scheduled to take effect on March 1, 2016. If the City Council wishes to prohibit the cultivation of marijuana, the attached Ordinance should be introduced. The City Council held a public hearing on January 5, 2016, at which time they considered a recommendation by the City of National City Planning Commission that the City Council adopt an Ordinance to amend Title 18 (Zoning) adding section 18.30.345 to regulate the cultivation of medical marijuana and to not adopt an Ordinance to amend Title 18 (Zoning) adding section 18.30.345 to prohibit the cultivation of medical marijuana. If the City Council wishes to instead prohibit marijuana cultivation, introduction of the attached Ordinance will fulfill that action. If the City Council wishes to regulate marijuana cultivation, this Ordinance should not be introduced. An Ordinance for regulation is included for introduction on this same agenda FINANCIAL STATEMENT: ACCOUNT NO. ;NIA ENVIRONMENTAL REVIEW: Not a project per CEQA ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: introduce a prohibitory Ordinance BOARD / COMMISSION RECOMMENDATION: SNfA ATTACHMENTS: Ordinance prohibiting marijuana cultivation ORDINANCE NO. 2016 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING SECTION 18.30.345 OF THE NATIONAL CITY MUNICIPAL CODE TO PROHIBIT CULTIVATION OF MARIJUANA WHEREAS, in 2012, the City Council adopted Ordinance 2012-2372 to prohibit medical marijuana dispensaries in the City as codified in National City Municipal Code Section 18.30.340; and WHEREAS, on October 9, 2015, Governor Brown approved the Medical Marijuana Regulation and Safety Act ("The Act"), which establishes comprehensive, statewide licensure and regulations for commercial medical marijuana activity that respect local control, protect patients, promote public safety, and preserve the environment; and WHEREAS, the Act is comprised of three separate bills: Senate Bill 643 (McGuire), Assembly Bill 266 (Bonta, Cooley, Lackey and Jones -Sawyer), and Assembly Bill 243 (Wood). Only AB 243 and AB 266 affect local regulations. In general, AB 243 relates to medical marijuana cultivation; and, AB 266 relates to deliveries and mobile dispensaries; and WHEREAS, the City's Land Use Code does not specifically regulate or prohibit the cultivation of medical marijuana; however, the City's Land Use Code is a "permissive zoning" code. This means that uses not expressly permitted are prohibited. Accordingly, cultivation is not currently allowed in National City as it is not specifically permitted by the Land Use Code; and WHEREAS, in order to ensure clarity in the light of recent enactment of The Act, and to affirmatively retain local land use control on this issue, the Land Use Code should be updated to be specific as to the prohibition or regulation of cultivation; and WHEREAS, the City does not cede its authority to regulate or prohibit the cultivation of medical marijuana to the State. NOW THEREFORE, the City Council of the City of National City does ordain as follows: Section 1. Section 18.30.345 of the National City Municipal Code is hereby added to read as follows: 18.30.345 Medical Marijuana Cultivation. A. Prohibition 1. Cultivation of marijuana for medicinal purposes is prohibited. 2. Cultivation of marijuana is prohibited regardless of purpose. B. Definitions. For the purpose of this Section the following definitions shall apply: 1. Cultivation of marijuana shall mean the planting, growing, cultivating, harvesting, drying, or processing of marijuana. 2. For purposes of this section, "marijuana" shall have the same meaning as the definition of that word in Section 11018 of the California Health and Safety Code. Section 2. The proposed amendment is exempt from the California Environmental Quality Act ("CEQA") under section 15061(b)(3) — general rule; the project is not considered a project under CEQA as there is no possibility that the activity in question may have a significant impact on the environment; cultivation is currently not a permitted use and this Code Amendment affirms that marijuana cultivation is prohibited. Section 3. EFFECTIVE DATE. This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk of the City of National City shall cause this Ordinance to be published pursuant to the provisions of Government Code Section PASSED and ADOPTED this day of , 2016. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Ordinance No. 2016- 2 Medical Marijuana Cultivation Adding NCMC Section 18.30.345 ORDINANCE NO. 2016 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING SECTION 18.30.345 OF THE NATIONAL CITY MUNICIPAL CODE TO PROVIDE FOR THE CULTIVATION OF MARIJUANA FOR QUALIFIED PATIENTS AND PRIMARY CAREGIVERS WHEREAS, in 1996, California voters adopted Proposition 215, which is known as the Compassionate Use Act ("CUA") and which is codified as Health & Safety Code Section 11362.5 to allow for the use of medical marijuana for medicinal purposes; and WHEREAS, the CUA exempts qualified patients and their primary caregivers from criminal liability under state law for the possession and cultivation of marijuana for personal medical use; and WHEREAS, a qualified patient is an individual who has received a physician's recommendation for the use of marijuana for a medical purpose, and the primary caregiver is someone who has consistently assumed responsibility for the housing, health, or safety of a patient; and WHEREAS, in 2003, the Legislature adopted the Medical Marijuana Program ("MMP") in Health & Safety Code Section 11362.7 et seq. to clarify lawful medical marijuana practices such as who may possess marijuana and how much of the plant can be cultivated, and to establish a voluntary identification card program; and WHEREAS, the MMP provides that local agencies may regulate the location, operation, or establishment of a medical marijuana cooperative or collective; and WHEREAS, the MMP provides that a qualified patient or primary caregiver may grow or keep no more than 6 mature or 12 immature marijuana plants, or 8 ounces of dried marijuana (per qualified patient), and that local agencies may set higher limits for the amount of plants or dried marijuana that a qualified patient or primary caregiver may grow or keep; and WHEREAS, in 2012, the City Council adopted Ordinance 2012-2372 to prohibit medical marijuana dispensaries in the City as codified in National City Municipal Code Section 18.30.340; and WHEREAS, on October 9, 2015, Governor Brown approved the Medical Marijuana Regulation and Safety Act ("The Act"), which establishes comprehensive, statewide licensure and regulations for commercial medical marijuana activity that respect local control, protect patients, promote public safety, and preserve the environment; and WHEREAS, the Act is comprised of three separate bills: Senate Bill 643 (McGuire), Assembly Bill 266 (Bonta, Cooley, Lackey and Jones -Sawyer), and Assembly Bill 243 (Wood). Only AB 243 and AB 266 affect local regulations. In general, AB 243 relates to medical marijuana cultivation; and, AB 266 relates to deliveries and mobile dispensaries; and WHEREAS, AB 243 provides that no person or entity may cultivate medical marijuana without first obtaining a state license, which is a program to be developed under the new law, and a license, permit or other entitlement from the local jurisdiction in which the cultivation would occur; and WHEREAS, under AB 243, a local agency may issue or deny permits for the cultivation of medical marijuana provided any conditional use permit is at least as stringent as the State's licensing requirements, which are yet to be developed, and the local agency must have land use regulations or ordinances in place no later than March 1, 2016, or the State becomes the sole licensing authority for medical marijuana in that local jurisdiction; and WHEREAS, pursuant to AB 243, cultivation of marijuana for personal medical use by a qualified patient of less than 100 square feet and cultivation of marijuana by a primary caregiver of less than 500 square feet for no more than 5 qualified patients without remuneration except for the allowed compensation under the MMP are exempt activities from the licensing requirements of The Act; provided, however, that local agencies may regulate or ban the cultivation, storage, manufacture, transport, provision or other related activities of exempt medical marijuana activities; and WHEREAS, the City's Land Use Code does not specifically regulate or prohibit the cultivation of medical marijuana; however, the City's Land Use Code is a "permissive zoning" code. This means that uses not expressly permitted are prohibited. Accordingly, cultivation is not currently allowed in National City as it is not specifically permitted by the Land Use Code; and WHEREAS, in order to ensure clarity in the light of recent enactment of The Act, and to affirmatively retain local land use control on this issue, the Land Use Code should be updated to be specific as to the prohibition or regulation of cultivation; and WHEREAS, the City does not cede its authority to regulate or prohibit the cultivation of medical marijuana to the State. NOW THEREFORE, the City Council of the City of National City does ordain as follows: Section 1. Section 18.30.345 of the National City Municipal Code is hereby added to read as follows: 18.30.345 Medical Marijuana Cultivation. A. Purpose and Intent. 1. It is the intent of the Council to adopt regulations consistent with the Compassionate Use Act (Health & Safety Code Section 11362.5), the Medical Marijuana Program (Health & Safety Code Sections 11362.7 et seq.), and the Medical Marijuana Regulation and Safety Act (Health & Safety Code Section 11362.77), and to protect the public health, safety, and welfare. 2. Nothing in this Section is intended to override a peace officer's judgment and discretion based on a case -by -case evaluation of the totality of the circumstances, or to interfere with a peace officer's sworn duty to enforce applicable law. 3. Nothing in this Section is intended to reduce the rights of a qualified patient or primary caregiver otherwise authorized by California Health and Safety Code section 11362.5(d). 4. This Section shall be interpreted in a manner consistent with state law. Nothing in this Section is intended to authorize the sale, distribution, possession of marijuana, or any other transaction in violation of state law. 5. For purposes of this Section, the area used to cultivate marijuana shall be measured by the aggregate area of vegetative growth of live marijuana plants on the premises. Ordinance No. 2016- 2 Medical Marijuana Cultivation Adding NCMC Section 18.30.345 B. Definitions. For the purpose of this Section the following definitions shall apply: 1. "Marijuana" has the same meaning as in California Health & Safety Code Section 11018. 2. "Primary caregiver" means the individual designated by the qualified patient who has consistently assumed responsibility for the housing, health, or safety of the qualified patient, in accordance with state law, including California Health & Safety Code Section 11362.5. As explained in People v. Mentch, 45 Cal. 4th 274 (2008), a primary caregiver is a person who consistently provides caregiving to a qualified patient, independent of any assistance in taking medical marijuana, at or before the time he or she assumed responsibility for assisting with medical marijuana. 3. "Processed marijuana" means harvested marijuana that is in a form other than a live plant. 4. "Qualified patient" means a California resident having the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief in accordance with state law, including California Health & Safety Code Section 11362.5. 5. "State identification card" means the card issued to a patient or caregiver in accordance with California Health & Safety Code Sections 11362.71-11362.76. C. State Identification Card Holders: Permissible Amounts of Marijuana. A person in possession of a current and valid state identification card and who is within the jurisdictional limits of the City, is not subject to arrest for possession of marijuana, or detention by law enforcement longer than necessary to verify his or her status, or seizure by law enforcement of marijuana in his or her possession, if the amount of marijuana possessed is within the following limits: 1. Processed Marijuana - Qualified Patients. An individual who is a qualified patient may possess the total amount of processed marijuana, regardless of growing method, recommended by his or her physician for the length of time recommended by the physician, not to exceed one pound, or an amount consistent with the physician's recommendation, whichever is less. 2. Processed Marijuana - Primary Caregivers. An individual who is a primary caregiver may possess processed marijuana not to exceed one pound for each qualified patient for whom the individual serves as a verified primary caregiver, or an amount consistent with the recommendation of the physician or physicians, whichever is less, except that such amount shall not exceed a total of two pounds. 3. Indoor Plants - Qualified Patients. A qualified patient may possess a maximum of twenty-four unharvested marijuana plants growing in an area of no more than 64 square feet, or an amount consistent with the physician's recommendation, whichever is less. 4. Indoor Plants - Primary Caregivers. A primary caregiver may possess a maximum of twenty-four unharvested marijuana plants growing in an area of no more than 64 square feet for each qualified patient for whom the individual serves as a primary caregiver, not to exceed a total of ninety-nine plants, or an amount consistent with the recommendation of the physician or physicians, whichever is less. 5. Outdoor/Greenhouse Plants. No unsupervised outdoor marijuana cultivation shall be permitted. Growing marijuana shall only be permitted in a fully enclosed yard with a minimum six-foot fence perimeter and in a greenhouse or structure that must be locked and contained. The amount of marijuana grown in the enclosed yard with a minimum six-foot fence perimeter and greenhouses or structures that are locked and contained shall not exceed the permissible amounts for indoor plants according to this Section. Ordinance No. 2016- 3 Medical Marijuana Cultivation Adding NCMC Section 18.30.345 D. Locations for Cultivation. 1. A qualified patient may cultivate medical marijuana in the amounts allowed under subsection C herein only in a legal residential unit in any residential or mixed use zone. 2. A primary caregiver may cultivate medical marijuana in the amounts allowed under subsection C herein in a legal residential unit in any residential or mixed use zone and in the Light Industrial ("IL") zone. 3. A qualified patient or primary caregiver may cultivate medical marijuana outdoors pursuant to subsection (C)(5) only in zones RS-1 and RS-2. 4. From the public right-of-way, there shall be no visual evidence of cultivation of the marijuana. E. Conditional Use Permit. A primary caregiver may exceed the permissible medical marijuana activity allowed under subsections (C)(2) and (C)(4) in the IL zone only, but prior to doing so must obtain annually a conditional use permit from the City pursuant to National City Municipal Code Section 18.12.110, which permit conditions shall not be less stringent than the California Department of Food and Agriculture's licensing requirements for the cultivation of medical marijuana established pursuant to Health & Safety Code Section 11362.777. It is unlawful for any cultivation under CUP to be outdoors, and it is unlawful for any discharge from the cultivation to enter the City's storm drain system. F. Violation — Penalty. 1. To the extent not preempted by state law, any person who violates any provision of this Section or fails to comply with any requirement thereof shall be guilty of a misdemeanor and shall be punished, cited, or penalized as provided in Title 1 of the National City Municipal Code. 2. Each day or portion thereof that a violation of this Section exists shall constitute a separate violation. 3. Each violation of this Section shall constitute a public nuisance. Section 2. The City Council finds that this Ordinance is exempt from the provisions of the California Environmental Quality Act ("CEQA") pursuant to Section 15061(b)(3) because there is no possibility that the activity in question may have a significant effect on the environment. Section 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Chapter, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Chapter, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. Section 3. EFFECTIVE DATE. This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk of the City of National City shall cause this Ordinance to be published pursuant to the provisions of Government Code Section 36933. [Signature Page to Follow] Ordinance No. 2016- 4 Medical Marijuana Cultivation Adding NCMC Section 18.30.345 PASSED and ADOPTED this day of , 2016. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Ordinance No. 2016- 5 Medical Marijuana Cultivation Adding NCMC Section 18.30.345 CC/CDC-HA Agenda 1/5/2016 — Page 499 The following page(s) contain the backup material for Agenda Item: An Ordinance of the City Council of the City of National City adding Section 18.30.345 of the National City Municipal Code to regulate the cultivation of marijuana for qualified patients and primary caregivers. (Applicant: City -Initiated) (Case File 2015- CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 5, 2016 AGENDA ITEM NO. ITEM TITLE: An Ordinance of the City Council of the City of National City adding Section 18.30.345 of the National City Municipal Code to regulate the cultivation of marijuana for qualified patients and primary caregivers. (Applicant City -Initiated) (Case File 2015-25 A) PREPARED BY. Martin Reeder, AICF' PHONE: '619-336-4313 EXPLANATION: DEPARTMENT: IPIa APPROVED BY: 'The City is seeking an amendment to the Municipal Code in order to address the cultivation of marijuana. The amendment is needed in order to respond to recent changes in state law scheduled to take effect on March 1, 2016. If the City Council wishes to regulate the cultivation of marijuana, the attached Ordinance should be introduced. The City Council held a public hearing on January 5, 2016, at which time they considered a recommendation by the City of National City Planning Commission that the City Council adopt an Ordinance to amend Title 18 (Zoning) adding section 18.30.345 to regulate the cultivation of medical marijuana and to not adopt an Ordinance to amend Title 18 (Zoning) adding section 18.30.345 to prohibit the cultivation of medical marijuana. If the City Council wishes to regulate marijuana cultivation, introduction of the attached Ordinance will fulfill that action. If the City Council wishes to instead prohibit marijuana cultivation, this Ordinance should not be introduced. An Ordinance for prohibition is included for introduction on this same agenda, FINANCIAL STATEMENT: ACCOUNT NO. 'N/A ENVIRONMENTAL REVIEW: Not a project per CEQA ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: STAFF RECOMMENDATION: Introduce a prohibitory Ordinance BOARD / COMMISSION RECOMMENDATION: IN/A Finance MIS ATTACHMENTS Ordinance regulating marijuana cultivation ORDINANCE NO. 2016 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING SECTION 18.30.345 OF THE NATIONAL CITY MUNICIPAL CODE TO PROVIDE FOR THE CULTIVATION OF MARIJUANA FOR QUALIFIED PATIENTS AND PRIMARY CAREGIVERS WHEREAS, in 1996, California voters adopted Proposition 215, which is known as the Compassionate Use Act ("CUA") and which is codified as Health & Safety Code Section 11362.5 to allow for the use of medical marijuana for medicinal purposes; and WHEREAS, the CUA exempts qualified patients and their primary caregivers from criminal liability under state law for the possession and cultivation of marijuana for personal medical use; and WHEREAS, a qualified patient is an individual who has received a physician's recommendation for the use of marijuana for a medical purpose, and the primary caregiver is someone who has consistently assumed responsibility for the housing, health, or safety of a patient; and WHEREAS, in 2003, the Legislature adopted the Medical Marijuana Program ("MMP") in Health & Safety Code Section 11362.7 et seq. to clarify lawful medical marijuana practices such as who may possess marijuana and how much of the plant can be cultivated, and to establish a voluntary identification card program; and WHEREAS, the MMP provides that local agencies may regulate the location, operation, or establishment of a medical marijuana cooperative or collective; and WHEREAS, the MMP provides that a qualified patient or primary caregiver may grow or keep no more than 6 mature or 12 immature marijuana plants, or 8 ounces of dried marijuana (per qualified patient), and that local agencies may set higher limits for the amount of plants or dried marijuana that a qualified patient or primary caregiver may grow or keep; and WHEREAS, in 2012, the City Council adopted Ordinance 2012-2372 to prohibit medical marijuana dispensaries in the City as codified in National City Municipal Code Section 18.30.340; and WHEREAS, on October 9, 2015, Governor Brown approved the Medical Marijuana Regulation and Safety Act ("The Act"), which establishes comprehensive, statewide licensure and regulations for commercial medical marijuana activity that respect local control, protect patients, promote public safety, and preserve the environment; and WHEREAS, the Act is comprised of three separate bills: Senate Bill 643 (McGuire), Assembly Bill 266 (Bonta, Cooley, Lackey and Jones -Sawyer), and Assembly Bill 243 (Wood). Only AB 243 and AB 266 affect local regulations. In general, AB 243 relates to medical marijuana cultivation; and, AB 266 relates to deliveries and mobile dispensaries; and WHEREAS, AB 243 provides that no person or entity may cultivate medical marijuana without first obtaining a state license, which is a program to be developed under the new law, and a license, permit or other entitlement from the local jurisdiction in which the cultivation would occur; and WHEREAS, under AB 243, a local agency may issue or deny permits for the cultivation of medical marijuana provided any conditional use permit is at least as stringent as the State's licensing requirements, which are yet to be developed, and the local agency must have land use regulations or ordinances in place no later than March 1, 2016, or the State becomes the sole licensing authority for medical marijuana in that local jurisdiction; and WHEREAS, pursuant to AB 243, cultivation of marijuana for personal medical use by a qualified patient of less than 100 square feet and cultivation of marijuana by a primary caregiver of less than 500 square feet for no more than 5 qualified patients without remuneration except for the allowed compensation under the MMP are exempt activities from the licensing requirements of The Act; provided, however, that local agencies may regulate or ban the cultivation, storage, manufacture, transport, provision or other related activities of exempt medical marijuana activities; and WHEREAS, the City's Land Use Code does not specifically regulate or prohibit the cultivation of medical marijuana; however, the City's Land Use Code is a "permissive zoning" code. This means that uses not expressly permitted are prohibited. Accordingly, cultivation is not currently allowed in National City as it is not specifically permitted by the Land Use Code; and WHEREAS, in order to ensure clarity in the light of recent enactment of The Act, and to affirmatively retain local land use control on this issue, the Land Use Code should be updated to be specific as to the prohibition or regulation of cultivation; and WHEREAS, the City does not cede its authority to regulate or prohibit the cultivation of medical marijuana to the State. NOW THEREFORE, the City Council of the City of National City does ordain as follows: Section 1. Section 18.30.345 of the National City Municipal Code is hereby added to read as follows: 18.30.345 Medical Marijuana Cultivation. A. Purpose and Intent. 1. It is the intent of the Council to adopt regulations consistent with the Compassionate Use Act (Health & Safety Code Section 11362.5), the Medical Marijuana Program (Health & Safety Code Sections 11362.7 et seq.), and the Medical Marijuana Regulation and Safety Act (Health & Safety Code Section 11362.77), and to protect the public health, safety, and welfare. 2. Nothing in this Section is intended to override a peace officer's judgment and discretion based on a case -by -case evaluation of the totality of the circumstances, or to interfere with a peace officer's sworn duty to enforce applicable law. 3. Nothing in this Section is intended to reduce the rights of a qualified patient or primary caregiver otherwise authorized by California Health and Safety Code section 11362.5(d). 4. This Section shall be interpreted in a manner consistent with state law. Nothing in this Section is intended to authorize the sale, distribution, possession of marijuana, or any other transaction in violation of state law. 5. For purposes of this Section, the area used to cultivate marijuana shall be measured by the aggregate area of vegetative growth of live marijuana plants on the premises. Ordinance No. 2016- 2 Medical Marijuana Cultivation Adding NCMC Section 18.30.345 B. Definitions. For the purpose of this Section the following definitions shall apply: 1. "Marijuana" has the same meaning as in California Health & Safety Code Section 11018. 2. "Primary caregiver" means the individual designated by the qualified patient who has consistently assumed responsibility for the housing, health, or safety of the qualified patient, in accordance with state law, including California Health & Safety Code Section 11362.5. As explained in People v. Mentch, 45 Cal. 4th 274 (2008), a primary caregiver is a person who consistently provides caregiving to a qualified patient, independent of any assistance in taking medical marijuana, at or before the time he or she assumed responsibility for assisting with medical marijuana. 3. "Processed marijuana" means harvested marijuana that is in a form other than a live plant. 4. "Qualified patient" means a California resident having the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief in accordance with state law, including California Health & Safety Code Section 11362.5. 5. "State identification card" means the card issued to a patient or caregiver in accordance with California Health & Safety Code Sections 11362.71-11362.76. C. State Identification Card Holders: Permissible Amounts of Marijuana. A person in possession of a current and valid state identification card and who is within the jurisdictional limits of the City, is not subject to arrest for possession of marijuana, or detention by law enforcement longer than necessary to verify his or her status, or seizure by law enforcement of marijuana in his or her possession, if the amount of marijuana possessed is within the following limits: 1. Processed Marijuana - Qualified Patients. An individual who is a qualified patient may possess the total amount of processed marijuana, regardless of growing method, recommended by his or her physician for the length of time recommended by the physician, not to exceed one pound, or an amount consistent with the physician's recommendation, whichever is less. 2. Processed Marijuana - Primary Caregivers. An individual who is a primary caregiver may possess processed marijuana not to exceed one pound for each qualified patient for whom the individual serves as a verified primary caregiver, or an amount consistent with the recommendation of the physician or physicians, whichever is less, except that such amount shall not exceed a total of two pounds. 3. Indoor Plants - Qualified Patients. A qualified patient may possess a maximum of twenty-four unharvested marijuana plants growing in an area of no more than 64 square feet, or an amount consistent with the physician's recommendation, whichever is less. 4. Indoor Plants - Primary Caregivers. A primary caregiver may possess a maximum of twenty-four unharvested marijuana plants growing in an area of no more than 64 square feet for each qualified patient for whom the individual serves as a primary caregiver, not to exceed a total of ninety-nine plants, or an amount consistent with the recommendation of the physician or physicians, whichever is less. 5. Outdoor/Greenhouse Plants. No unsupervised outdoor marijuana cultivation shall be permitted. Growing marijuana shall only be permitted in a fully enclosed yard with a minimum six-foot fence perimeter and in a greenhouse or structure that must be locked and contained. The amount of marijuana grown in the enclosed yard with a minimum six-foot fence perimeter and greenhouses or structures that are locked and contained shall not exceed the permissible amounts for indoor plants according to this Section. Ordinance No. 2016- 3 Medical Marijuana Cultivation Adding NCMC Section 18.30.345 D. Locations for Cultivation. 1. A qualified patient may cultivate medical marijuana in the amounts allowed under subsection C herein only in a legal residential unit in any residential or mixed use zone. 2. A primary caregiver may cultivate medical marijuana in the amounts allowed under subsection C herein in a legal residential unit in any residential or mixed use zone and in the Light Industrial ("IL") zone. 3. A qualified patient or primary caregiver may cultivate medical marijuana outdoors pursuant to subsection (C)(5) only in zones RS-1 and RS-2. 4. From the public right-of-way, there shall be no visual evidence of cultivation of the marijuana. E. Conditional Use Permit. A primary caregiver may exceed the permissible medical marijuana activity allowed under subsections (C)(2) and (C)(4) in the IL zone only, but prior to doing so must obtain annually a conditional use permit from the City pursuant to National City Municipal Code Section 18.12.110, which permit conditions shall not be less stringent than the California Department of Food and Agriculture's licensing requirements for the cultivation of medical marijuana established pursuant to Health & Safety Code Section 11362.777. It is unlawful for any cultivation under CUP to be outdoors, and it is unlawful for any discharge from the cultivation to enter the City's storm drain system. F. Violation — Penalty. 1. To the extent not preempted by state law, any person who violates any provision of this Section or fails to comply with any requirement thereof shall be guilty of a misdemeanor and shall be punished, cited, or penalized as provided in Title 1 of the National City Municipal Code. 2. Each day or portion thereof that a violation of this Section exists shall constitute a separate violation. 3. Each violation of this Section shall constitute a public nuisance. Section 2. The City Council finds that this Ordinance is exempt from the provisions of the California Environmental Quality Act ("CEQA") pursuant to Section 15061(b)(3) because there is no possibility that the activity in question may have a significant effect on the environment. Section 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Chapter, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Chapter, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. Section 3. EFFECTIVE DATE. This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk of the City of National City shall cause this Ordinance to be published pursuant to the provisions of Government Code Section 36933. [Signature Page to Follow] Ordinance No. 2016- 4 Medical Marijuana Cultivation Adding NCMC Section 18.30.345 PASSED and ADOPTED this day of , 2016. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Ordinance No. 2016- 5 Medical Marijuana Cultivation Adding NCMC Section 18.30.345 CC/CDC-HA Agenda 1/5/2016 — Page 506 The following page(s) contain the backup material for Agenda Item: Notice of Decision — Planning Commission approval of a Conditional Use Permit for an indoor recreation use to be located at 2602 Transportation Avenue. (Applicant: Jason Richard) (Case File 2015-27 CUP) (Planning) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 5, 2016 AGENDA ITEM NO. ITEM TITLE: ,Notice of Decision Planning Commission approval of a Conditional Use Permit for an indoor recreation use to be located at 2602 Transportation Avenue. (Applicant: Jason Richard) (Case File 2015-27 CUP) PREPARED BY: 'Martin, Reeder, A!CP DEPARTMENT. PHONE: 836-4313 APPROVED B EXPLANATION: the applicant has applied for a Conditional Use Permit (CUP) to operate a am ,building business that focuses on group activities such as puzzle and problem solving scenarios in a group setting. The proposed activity is classed as indoor recreation, which requires a CUP in the IL (Light Industrial) zone. The project site is a six -acre business/industrial park comprised of six buildings and 247 parking spaces. The suite in which the business is proposed is 1,200 square feet in size. Planning Commission conducted a public hearing on December 7, 2015. Commissioners asked questions regarding business operations, findings, and conditions of approval. The Commission voted to approve the Conditional Use Permit based on attached findings and subject to Conditions of Approval. The attached Planning Commission staff report describes the proposal in detail. FINANCIAL STATEMENT: ACCOUNT NO. 1 APPROVED: APPROVED: ENVIRONMENTAL REVIEW: Categorically Exempt pursuant to Class 1 Section 15301 (Existing Facilities) ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: 1Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION: IThe Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, Baca, Bush, DeLaPaz, Flores, Garcia, Yamane ATTACHMENTS: I1. Overhead 3. Resolution No. 2015-26 2. Planning Commission Staff Report 4. Reduced Plans 2015-27 CUP - Steal & Escape - Overhead Title: Item no. 7 December 7, 2015 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT PUBLIC HEARING — CONDITIONAL USE PERMIT FOR AN INDOOR RECREATION USE TO BE LOCATED AT 2602 TRANSPORTATION AVENUE Case File No.: 2015-27 CUP Location: National City Business Park Assessor's Parcel No.: 562-340-39 Staff report by: Martin Reeder, A!CP = Principal Planner Applicant: Jason Richard Zoning designation: IL (Light Industrial) Adjacent land use/zoning: North: Southport Office Park / MXC-2 (Major Mixed -Use Corridor) East: Commercial Automotive uses across Transportation Ave / CA South: Industrial park across West 26th Street / IL West: Southport Commercial Center across Hoover Ave / IL Environmental review: Categorically Exempt pursuant to Class 1 Section 15301 (Existing Facilities) Staff recommendation: Approve BACKGROUND The applicant has applied for a Conditional Use Permit (CUP) to operate a team building business that focuses on group activities such as puzzle and problem solving scenarios in a group setting. The proposed activity is classed as indoor recreation, which requires a CUP in the IL (Light Industrial) zone. Site Characteristics The project site is an approximately six -acre businessiindustrial park comprised of six buildings and 247 parking spaces. The overall footprint of the buildings is 86,141 square feet. The suite in. which the business is proposed is 1,200 square feet in size. The property is located in the IL zone. Proposed Use The applicant proposes to operate a team -building business that implements challenges and exercises to foster cooperation in a group setting. Activities would involve 5-10 people (likely around 5) in the reception and meeting room area (see attached floor plan) who would have one hour to perform the activities assigned to them. A detailed description of the business is attached for your review. The business would operate from 5 p.m. to 11 p.m. Monday through Thursday, and from 10 a.m. to 11 p.m. Friday through Sunday. A subsequent phase of the business will focus on the research and development of system design for this type of business. However, this phase would be an allowed use in the IL zone. Analysis Because the business involves groups of people involved in a quasi -recreational use, staff has classified it as commercial recreation, indoor; a conditionally -allowed use in the IL zone. The same use is allowed by right in the mixed -use zones and is prohibited in in`iu: trial zci'ie other than . Concerns with izrdroor rrq.P,afirmal :gem E,c i °fit' focus around traffic, a demand for parking that is concentrated at particular times for extended periods of time, and the potential for noise impacting neighboring uses. Due to the specialized nature of this type of business, and due to the small size of the suite in which it is proposed (1,200 square feet), the use was not considered as a public assembly use. Traffic and parking The existing road network is more than capable of handling the additional traffic generated by the use. This determination is based on SAND AG data that estimates a 1,200 square -foot multi -purpose recreation use (closest comparison) would generate less than 10 average daily trips (ADT), which is minimal. Based on the maximum number of people (5-10 people), the maximum number of daily trips would likely be anywhere from 10 to 15 (assuming an average exercise to be an hour in duration). Access to the property is provided by Hoover Avenue, a collector street and Mile of Cars Way, an arterial street. Both streets are more than capable of handling the nominal increase in traffic as they have a Level of Service (LOS) of A, the best rating available. The industrial park has sufficient parking to support both the proposed use and the existing industrial uses in the industrial park. No expansion of the building is proposed, and the center was designed to accommodate similar uses. 247 parking spaces exist on the site, which exceeds the 215 parking spaces required by the Land Use Code for a research and development use of this size. In addition, the hours of operation are during times when there would be little demand for parking on the property. Noise Group activities sometimes are noisy and incompatible with neighboring uses, depending on the type of use and method of operation. In this case, noise is not a concern since neighboring uses are manufacturing uses in an industrial zone where moderately noisy uses are expected. In addition, all activities would occur within the building and the doors would be closed. Furthermore, team building exercises typically require coordinated effort and communication, rather than loud and scattered activity such as a gym or other similar indoor recreation use. A Condition of Approval will be added requiting all aspects of the use be conducted within the building at all times to help reduce noise impacts on neighboring uses. In addition to the low expected impact of the use, the hours of operation are completely outside of normal business hours, which would offset any potential noise concerns for neighboring uses. Required findinas The Municipal Code contains required findings for Conditional Use Permits. There are six required findings: 1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code. The use is aiiowabie within the Light Industrial zone pursuant to a Conditional Use Permit, and no expansion of the premises is proposed. There are no required design guidelines in the Land Use Code related to such businesses. 2. The proposed use is consistent with the General Plan and any applicable specific plan. General Plan Goal LU-2 encourages a mix of land uses including residential, commercial, employment, service, agricultural, open space, and recreational uses that accommodate the needs of persons from all income groups and age levels. The proposed business is consistent with the recreational component of this goal. In addition, the proposed facility is a conditionally -permitted use in the IL zone. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity. No expansion of the building is proposed and al! activities would occur within the existing building. Activities subject to the CUP would utilize areas typically found in any building of this kind (reception area, meeting room, etc.). Therefore, no impacts on existing or future uses would occur. 4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints. All activities would occur within the existing building, which was designed and constructed for similar type uses. The existing street network and parking facilities are able to deal with any traffic associated with the use. Given the small scope of the CUP -related activities, any impacts would be negligible at best. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located. The proposed facility will not have an impact outside of the building, as all activities would occur inside the building. The use is allowed by right in other zones throughout the City; therefore, impacts are considered minimal. 6. The proposed project has been reviewed in compliance with the California Environmental Quality Act. Staff has determined that the proposed use is categorically exempt from environmental review pursuant to Class 1 Section 15301 (Existing Facilities) for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. The reason for the exemption is that no expansion of the building is proposed and uses would basically be the same as non -conditionally allowed uses (groups of people engaged in non -recreational activities in the same space). Department Comments The Building Department is requiring general code compliance, as is the Fire Department. The applicant has been working closely with the Fire Department to classify the use. The team -building portion of the business is being considered similarly to a haunted house or similar arnusement use, which would not require fire sprinklers or other expensive improvements associated with more intensive public assembly uses, such as churches, gymnasiums, or banquet facilities. Conditions of Approval have been included to address Department comments. Summary The proposed team building business is permitted in the IL zone with the approval of a Conditional Use Permit. Conditions of Approval will help ensure that the business operates in harmony with existing uses in the area. Furthermore, the potential impacts on neighboring uses are minimal since the road network is capable of handling any minor increase in traffic, adequate parking is provided on the site, and noise will have little effect on neighboring manufacturing uses due to off-peak times of operation. OPTIONS 1. Approve 2015-27 CUP subject to the attached conditions, and based on attached findings or other findings as determined by the Planning Commission; or 2. Deny 2015-27 CUP based on findings as determined by the Planning Commission; or 3. Continue the item for additional information ATTACHMENTS 1 Recommended Findings 2. Recommended Conditions 3. Overhead 4. Project Description 5. Public Hearing Notice (Sent to 129 property owners) 6. Notice of Exemption 7. Applicant's Plans (Exhibit A, Case File No. 2015-27 CUP, dated 11/10/2015) MARTIN REEDER, A!CP Principal Planner Executive Director RECOMMENDED FINDINGS FOR APPROVAL 2015-27 CUP — 2602 Transportation Avenue 1. That the proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, because the use is allowable within the Licht Industrial zone pursuant to a Conditional Use Permit, and no expansion of the premises is proposed; there are no required design guidelines in the Land Use Code related to such businesses. 2. That the proposed use is consistent with the General Plan and any applicable specific plans, because Goal LU-2 of the General Plan encourages a mix of land uses including residential, commercial, employment, service, agricultural, open space, and recreational uses that accommodate the needs of persons from all income groups and age levels. The proposed is consistent with the recreational component of this goal, and because no Specific Plans exist in this area. 3. That the design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because no expansion of the building is proposed and all activities would occur within the existing building; activities subject to the CUP would utilize areas typically found in any building of this kind (reception area, meeting room, etc.). 4. That the site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, because all activities would occur within the existing building, which was designed and constructed for similar type uses.; the existing street network and parking facilities are able to deal with any traffic associated with the use — given the small scope of the CUP -related activities, any impacts would be negligible at best. 5. That granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the proposed facility will not have an impact outside of the building, as all activities would occur inside the building; the use is allowed by right in other zones throughout the City; therefore, impacts are considered minimal. 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act, because staff has determined the proposed use to be categorically exempt from environmental review pursuant to Class 1 Section 15301 (Existing Facilities) for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. The reason for the exemption is that no expansion of the building is proposed and uses would basically be the same as non -conditionally allowed uses (groups of people engaged in non -recreational activities in the same space). RECOMMENDED CONDITIONS OF APPROVAL 2015-27 CUP — 2602 Transportation Avenue General 1. This Conditional Use Permit authorizes an indoor recreation business (team building) at 2602 Transportation Avenue. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File No. 2015-27 CUP, dated 11/10/2015). 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions unposed upon the approva! of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Executive Director prior to recordation. 3. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 4. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.12.040 of the Municipal Code. Fire 5. Plans submitted for improvements must comply with the current editions of the California Fire Code (CFC) and National Fire Protection Association (NFPA). 6. The project shall strictly follow AppendIx K of the California Fire Code designed for "Temporary Haunted Houses, Ghost Walks and Similar Amusements Uses". Planning 7. Ali activities shali comply with the limitations contained in Table Ili of NCMC §12.06.040. 8. All activities shall be conducted indoors. Doors shall remain closed during CUP - related activities. Steal and Escape Project Description Our two stage business plan Our business here at Steal and Escape can be broken down into two functional areas, the first being the research and team building phase, and the second being the system design and production phase. Upon start up, our team will focus on the set up and optimization of phase one, then move on to set up and operate phase two. We plan to develop area one as soon as possible and project starting on phase two approximately three to six months after successful operation of phase one. Phase one Through the research and team building phase, each customer experience willbe different but the will follow the same basic flow. After sign in and review of rules and instructions teams will progress in sequence through three office rooms. Each office holds its own set of team building challenges and exercises that increase in difficulty and complexity over time as teams' progress. Teams are on their own with no help from the outside and must rely on each to meet challenges or fail together. Our goal for teams during this stage will be improving teamwork, increasing our "outside of the box" thinking, and stress management. Our target audience can be divided into four categories: Families, couples, friends and corporations. Although the general flow is the same for audiences, the pre and post activity sessions for corporations will differ from the rest, in that they will be evaluated throughout the scenario and their footage will be reviewed as a group to further build upon predetermined team goals. Phase two After successful operation in phase one we will move into the system design and production phase. Steal and Escape is unique in the hardware and techniques we use behind the scenes. We have heavily incorporated computers and micro -controllers to operate the room and its puzzles. Many of these devices and systems are, and will continue to be, developed in house as original designs. Similar businesses still rely primarily on traditional locks and archaic devices in combination with manual manipulation to create the illusion of automated puzzle systems. As the escape room and team building trend continues to grow we see a largely undeserved market for these products which we aim to develop. We plan to design, test and produce these original puzzles for sale to this exciting new market. We are requesting a conditional use permit because we have been zoned as Indoor Commercial Recreation and a permit is required to operate in a light industrial area: We will have no employees to start and do not anticipate hiring anyone for a few months. We will scr v drinks and snacks, but no alcohol. Our building is 1,200 square feet with 600 square feet being devoted to the offices. Our hours of operation will be: Monday through Thursday 5:OOPM to 11:OOPM Friday through Sunday 10:OOAM to 11:OOPM CAL1FORN1A - iO _ ,,I L CIO IivconpaRAT'z CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT FOR AN INDOOR RECREATION USE TO BE LOCATED AT 2602 TRANSPORTATION AVENUE. CASE FILE NO.: 2015-27 CUP APN: 562-340-39 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, December 7, 2015, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Jason Richard) The applicant wishes to operate a team building business that focuses on group activities such as puzzle and problem solving scenarios. The activities are classed as indoor recreation, which requires a Conditional Use Permit. Information is available for review at the City's Planning Department, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Department on or before 12:00 p.m., December 7, 2015, who can be contacted at 619-336-4310 or planninQgnationalcitvca.gov If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DEPARTMENT BRAD RAULSTON Executive Director CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF EXEMPTION TO: County Cleric County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: 2015-27 CUP Project Location: 2602 Transportation Avenue, National City, CA, APN: 562-340-39 Contact Person: Martin Reeder Telephone Number: (619) 336-4313 Description of Nature, Purpose and Beneficiaries of Project: Conditional Use Permit for an indoor recreation use (team building exercises) within an existing commercial/industrial suite. Applicant: Jason Richard 1456 Princess Manor Ct Chula Vista, CA 91911 Telephone Number: (619) 347-6787 Exempt Status: ICI Categorical Exemption. Class 1 Section 15301 (Existing Facilities) Reasons why project is exempt: There is no possibility that the proposed use will have a significant impact on the environment since the business will be conducted within an existing 1,200 square -foot commercial space in an existing commercial building that is part of a developed industrial business park. The use will not affect use of the other suites in the building or other uses on the same property. Date: MARTIN REEDER, AICP Principal Planner RESOLUTION NO. 2015-26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR AN INDOOR RECREATION USE TO BE LOCATED AT 2602 TRANSPORTATION AVENUE. CASE FILE NO. 2015-27 CUP APN: 562-340-39 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for an indoor recreation use to be located at 2602 Transportation Avenue at a duly advertised public hearings held on December 7, 2015, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2015-27 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on December 7, 2015, support the following findings: 1. That the proposed use is allowable within the applicable zoning district pursuant to a Conditional Use 'Permit and complies with ail other app„cab e provisions or the Land Use Code, because the use is allowable within the Light Industrial zone pursuant to a Conditional Use Permit, and no expansion of the premises is proposed; there are no required design guidelines in the Land Use Code related to such businesses. 2. That the proposed use is consistent with the General Plan and any applicable specific plans, because Goal LU-2 of the General Plan encourages a mix of land uses including residential, commercial, employment, service, agricultural, open space, and recreational uses that accommodate the needs of persons from all income groups and age levels. The proposed is consistent with the recreational component of this goal, and because no Specific Plans exist in this area. 3. That the design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because no expansion of the building is proposed and all activities would occur within the existing building; activities subject to the CUP would utilize areas typically found in any building of this kind (reception area, meeting room, etc.). 4. That the site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, because all activities would occur within the existing building, which was designed and constructed for similar type uses.; the existing street network and parking facilities are able to deal with any traffic associated with the use — given the small scope of the CUP -related activities, any impacts would be negligible at best. 5. That granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the proposed facility will not have an impact outside of the building, as all activities would occur inside the building; the use is allowed by right in other zones throughout the City; therefore, impacts are considered minimal. 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act, because staff has determined the proposed use to be categorically exempt from environmental review pursuant to Class 1 Section 15301 (Existing Facilities) for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. The reason for the exemption is that no expansion of the building is proposed and uses would basically be the same as non -conditionally allowed uses (groups of people engaged in non -recreational activities in the same space). BE iT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes an indoor recreation business (team building) at 2602 Transportation Avenue. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File No. 2015-27 CUP, dated 11/10/2015). 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Executive Director prior to recordation. 3. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 4. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.12.040 of the Municipal Code. Fire 5. Plans submitted for improvements must comply with the current editions of the California Fire Code (CFC) and National Fire Protection Association (NFPA). 6. The project shall strictly follow Appendix K of the California Fire Code designed for "Temporary Haunted Houses, Ghost Walks and Similar Amusements Uses". Planning 7. All activities shall comply with the limitations contained in Table 111 of NCMC §12.06.040. 8. All activities shall be conducted indoors. Doors shall remain closed during CUP - related activities. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FiNALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of December 7, 2015, by the following vote: AYES: Garcia, Yamane, Baca, Bush, Alvarado, Flores, ➢ela Paz NAYS: None ABSENT: None ABSTAIN: NONE CHAIRPETSON INVESTCAL REALTY CORPORATION 2333 CAMINO DEL RIO SOUTH, SUITE 210 SAN DIEGO, CA 92108 PHCNE (619) 683 9455 FAX: (619) 683-9462 WWW.INVESTCALREALTY.CCIP1 aTI T N A N 5 P H P T A T 0 11 AVENUE WM C •,v ___....„,„ J 1 ��•l In I 1 A Zia SF 2,500 SF 0 VO `/ 199i' Ha0Y91 8/13 LAST MODIFIED DATE 9/06 IRC N MN SF LW15F 1.� 5F HOOSIER AVENUE NATIONAL CITY BUSINESS PARK 108 W. Z5TH SIIitET, NATI3NAL CITY, CA 51950 2605 HOOVER AVENUE, NATIONAL CITY, CA 91950 2504-2602 TRANSPORTATION AVENUE, NATIONAL CITY, CA 91950 LEGAL DESCNPT10N MOCK 11, U9.9D.91 ANC 93 HAP 340 AND 1015 FILM IN THE OFFICE OF TIE COUNTY. I CCOROEO AT THE COUNTY OF SAN DI WO. inllerft.tt CASE Ft DATE: fIb°its— LAM): 258,310 SF / 5.93 ACRES; BLDG: 86.141 SF PARKING SPACES 247 INCLUDING 7 HANDICAPPED GM GN,= P PAY Fiat LC LIGHT G.GG: L OAR RA ME T ElELTFICA& 1RIA4P1MER TC TEL RICHE vallEt • ELECTRIC METER 7R TRAR1 go SPARKLER NM WATER PETER RN SPRINKLER COHTRO. VALVE R. ROOF I.0I FR FRE HYDRANT u HTILI'Y ROOM WPM WATER S,R.,EIER HAwKYP PAAA11a Si =ARE FRET SIGN ▪ LIGHT STRONG p TRASH fECJ?TAO.E PROPERTY UNE --LVFR —A—i OW OF ASPHALT PAYING :ct�x�L2, CONGTPTH -.TTa ,I l7 AREA HO HAM CAP GG.NCBE L ENTRANCE affarrrmcsmasirmalenegow • • MEETING ROOM RECEPTION l�J OFFICE 3 1OFFICE 4� 60,_„ PUZZLE BUILDING STORAGE NC.11VlbI` •J i 'm}f'wr.Trk;o0.441?1. wlxbxy �; .: ¢, ► # �s ! 1!11s u ;G ii tc i; �! III }��t I ;E 1131.10 I„E;iri Mit la �.Iawapa 911n ®.tTrwJwumo.. IRV,.1�111 1111113111I 1'�It��ITIIIII'{!97} FfJfi{:�kl11ljk[iiHli�fs��7C'�d111 eH1{uliIllptil:l I m11 Ii IlllilPltS 1 71EE btiUtlill J141K Iltliltl t t11 k4lEli1Rt1 tlEtttftil i}€i1:tlSlti 1S1tUf11 YIflPtistYll Imp l�I �' IlitI �, �.=..._.LITIllattir 111�11i{ffk�iN 11 iiiilirf 11Fl1111tilti Vigil itilUiti 1il ITI gi � filijimi jiliil OE mai iiiu'ii[II: ItSw3kI .... }.IF _rj}_FI._.._. 11 t{I lif illtri l'��11't'91011Nl 111Wi li d liMiliplif li (I tie.111111111il1tl l lili}it1�(i(IIIIY ,iiiii t l ill[1$01 If it 11f11■ t;t11.111u/ S 11i11 t{tlt I1 IFIi141 llriC1 Il 11� Mifl l�if�lfl�ir����- �# •L1F6[t d V D )JVLNi V1