BUILDING INSPECTION DIVISION ENGINEERING, SURVEYING & PERMIT SERVICES DEPARTMENT CHARLES LACKEY, P.E.

, DIRECTOR
2700 M STREET, SUITE 570 BAKERSFIELD, CA 93301-2370 Phone: (661) 862-8650 Fax: (661) 862-8678 E-mail: esps@co.kern.ca.us Website: www.co.kern.ca.us/ess

DEVELOPMENT SERVICES AGENCY TED JAMES, AICP, DIRECTOR

Engineering, Surveying & Permit Services Department Planning & Community Development Department Roads Department

Information Regarding the August 2010 Moratorium on the Establishment of Medical Marijuana Dispensaries The Board of Supervisors imposed a moratorium on the establishment of new medical marijuana dispensaries. On August 24, 2010, the Board of Supervisors adopted an Interim Urgency Ordinance (attached) which was immediately effective that prohibits the establishment of new marijuana dispensaries, which includes collectives, cooperatives and other such business in the unincorporated areas of the County. This means that only those medical marijuana dispensaries that were legally established and operating prior to the Boards August 24, 2010, action will be recognized. While the Ordinance is in place, medical marijuana businesses will not be allowed to: open, change locations or, if they close down, will not be allowed to reopen. The Ordinance also has the effect of prohibiting the approval of any new or pending building permit applications for medical marijuana dispensaries. It is premature to accept an application for a change of occupancy or building permits for such facilities, until the final ordinance is in place. Since we cant approve new facilities, staff is instructed not to accept any applications for such facilities. Those applicants who had submitted applications for building permits, but had not been issued, were provided the option to either terminate their Building Permit application and obtain a refund of the permit fees, except the $23.00 application fee, or they could have the permit application remain in suspense for up to one year. If they choose, permit applications may be held in suspense until one year from the date of application passes or the Countys Ordinances are changed to allow the approval of their application, whichever occurs first. The moratorium will remain in effect until replaced with a permanent ordinance adopted by the Board of Supervisors. The current moratorium could be extended for up to two years. During that time, County Counsels Office, in coordination with other County Departments, will be developing a proposed permanent Ordinance to regulate such uses. It is expected that land use compatibility, setbacks from other uses, standards of operation and other provisions will be considered in the development of a proposed Ordinance.
H:\LETTERS\2010-2011\Med Marijuana Dispensaries General Information.docx County Surveyor - Building Inspection - Drainage - Floodplain - Special Districts - Code Compliance TTY Relay - 1-800-735-2929

ORDINANCE NO. G-8079

AN INTERIM ORDINANCE OF THE BOARD OF SUPERVISORS OF THE COUNTY OF KERN, STATE OF CALIFORNIA IMPOSING A MORATORIUM ON THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES AND DECLARING THE URGENCY THEREOF

The following ordinance, consisting of three (3) sections, was duly and regularly passed and adopted by the Board of Supervisors of the County of Kern, State of California, at a regular meeting of the Board of Supervisors held on the 24th day of August, 2010, by the following vote, to wit: AYES: McQuiston , Maben , Maggard , Rubio , Watson NOES: None ABSENT: None Chairman o,Vthe Board of Supervisors of the County of Kern, State of California

KATHLEEN KRAUSE Clerk of the Board of Supervisors

THE BOARD OF SUPERVISORS OF THE COUNTY OF KERN ORDAINS AS FOLLOWS: Section 1. This ordinance shall take effect and be in full force immediately and shall be published once in The Bakersfield Californian, a newspaper of general circulation, published in the County of Kern, State of California, together with the names. of the members of the Board of Supervisors voting for and against the same.

Section 2. Declaration of Urgency. 1. The voters of the state of California approved Proposition 215 (codified as Health and Safety Code section 11362.5 et seq. and entitled "The Compassionate Use Act of 1996"). 2. The intent of Proposition 215 was to enable persons who are in need of medical marijuana for specified medical purposes to obtain and use it under limited specified circumstances. 3. On January 1, 2004, SB 420 (Chapter 875 of the Statutes of 2003) became effective and was intended to clarify the scope of the Compassionate Use Act of 1996 and to allow cities, counties, and other local governing bodies to adopt and enforce rules and regulations consistent with SB 420. 4. On March 31, 2009, the Kern County Board of Supervisors repealed existing local regulations regarding medical marijuana dispensaries and the Kern County Ordinance Code now contains only limited regulation regarding the location of medical marijuana dispensaries or places where medical marijuana is made available to qualified patients or persons and contains no regulations aimed at the criminal and nuisance activity that has been associated with marijuana dispensaries around the state. 5. The Kern County Sheriff has reported a proliferation of new marijuana dispensaries has occurred since the Board of Supervisors repealed the local regulations of dispensaries and that these dispensaries are causing an increase in crime and nuisance activities in and around the locations of these dispensaries. 6. These reports of increased crime and nuisance activities related to medical marijuana dispensaries are consistent with the findings of the California Police Chiefs Association's Task Force on Marijuana Dispensaries issued in 2009 which include an increased risk of burglary, drug dealing, sales of marijuana to minors, loitering, heavy vehicle and foot traffic, increased noise, and robberies of customers. 7. In order to address both community and statewide concerns regarding the establishment of medical marijuana dispensaries, on August 3, 2010, the Board of Supervisors requested County staff to begin studying possible regulations, including any land use regulations that may need to be included in the County's Zoning Ordinance, related to the problems associated with medical marijuana dispensaries and the potential impact such facilities may have on the public health, safety, and welfare of the citizens of Kern County. 8. This Board has the requisite authority pursuant to Government Code section 65858 to adopt an interim urgency ordinance prohibiting uses inconsistent with regulations contemplated by this Board to be adopted after completion of a study.

9. Based on the foregoing, the Board of Supervisors finds that allowing any additional medical marijuana dispensaries to locate within the unincorporated areas of the County, pending the County's study of the potential impact of such facilities, poses a current and immediate threat to the public's health, safety and welfare. Section 3. Moratorium Imposed. From and after the effective date of this ordinance, no Medical Marijuana Dispensary, other than those in existence on the effective date of this ordinance, is permitted within Kern County during the period of time this ordinance is effective. For purposes of this ordinance, a change in location of an existing Medical Marijuana Dispensary will be considered to be a new use. The term of this ordinance shall be governed by the provisions of Government Code section 65858. For purposes of this ordinance, "Medical Marijuana Dispensary" means any facility or location where medical marijuana is made available to and/or distributed by a person to two or more of the following: a primary caregiver, a qualified patient, or a person with an identification card, in accordance with California Health and Safety Code Section 11362.5 et seq. A "medical marijuana dispensary" shall not include the following uses, as long as the location of such uses are otherwise regulated by the Kern County Ordinance 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, 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 Section 11362.5 et seq.

SDS:kw #196332 10.1010

COPIES FURNISHED: