Ordinance:Medical Marijuana DispensariesNovember 9,2010operations. After one year the City Council can evaluate the number of dispensarypermits that are issued and the location of the dispensaries to determine whetheradditional dispensary permits should
granted through the adoption of a new oramended medical marijuana ordinance.
2010 the Governor signed into law, Assembly Bill 2650, authoredby Assemblywoman Joan Buchanan prohibiting any medical marijuana cooperative orcollective to locate within 600 feet
a school. Staff
recommending adjusting thefixed proximity location restrictions from
from schools, parks, youth-orientedfacilities, churches, substance abuse centers,theaters and tobacco shops
consistent with AB 2650
it relates to schools.On October 25, 2010 a stakeholders meeting was held to discuss the modifiedapproach
well as receive feedback regarding the proposed ordinance. A summary
the feedback received
Attachment 10 of this report.
response tothe stakeholder feedback and after consultation with the City's Fire Marshall, staff hasremoved the secure facility specifications from the ordinance.Attachment 6 providesa passed for publication
line of the Title 5 ordinance showing the language thatstaff proposes deleting from the version that was passed for publication
October26,2010.Since the ordinance was passed for publication
2010, the CityAttorney's Office has made two clarifying changes to the Title
ordinance.Attachment 3 provides a passed for publication version
the ordinance with thechanges highlighted as follows:The first change, highlighted and bolded
this report, deletes the reference to development standards.The second change,highlighted and bolded
pages 17 and 18
this report, adds language to clarifythat a planning commission special permit
required if a registered medicalmarijuana dispensary, located
a heavy commercial or industrial zone, applies tooperate and cannot meet the proximity restrictions. All registered medical marijuanafacilities
a general commercial zone will require a planning commission specialpermit. A registered facility located
a heavy commercial or industrial zone thatavoids the proximity restrictions may apply for a zoning administrator's special permit.
The City Council has determined that it supports medicalmarijuana dispensaries
the City and has directed staff to develop an ordinance toregulate medical marijuana dispensaries. Presently, the City's Zoning Code (Title 17)does not recognize or allow medical marijuana dispensaries
the City. Theproposed ordinances will allow medical marijuana dispensaries to operate under aTitle 17 special permit and a Title 5 business permit.
(CEQA):The adoption of the ordinances
not a"project"covered by the CEQA underSection 21065 and CEQA Guidelines Section 15060(c)(2).Individual projects thatmay apply for entitlements under the ordinance amending Title 17 would undergoseparate environmental review.