MEDICAL MARIJUANA ORDINANCE

Similar documents
Attachment 1 ORDINANCE 562

ORDINANCE NO

MEDICAL MARIJUANA IN INYO COUNTY AU G U S T 2 ND,

ORDINANCE NO. City Attorney s Synopsis

ATTACHMENT. Draft Ordinance No ( Code Amendment )

STAFF REPORT City of Lancaster NB 2

Cannabis Regulations for Sonoma County Jurisdictions as of March 26, 2018

County of San Mateo. Inter-Departmental Correspondence. Department: COUNTY MANAGER File #: TMP-0716 Board Meeting Date: 7/11/2017

WHY SHOULD WE CARE WHAT IS HAPPENING IN CLACKAMAS COUNTY?

ORDINANCE NO

B. The intent of the CUA was to enable persons in the State of California who

EXTENSION OF URGENCY INTERIM ZONING ORDINANCE NO

ADOPTING A RESOLUTION CONFIRMING BAN ON CULTIVATION OF MEDICAL MARIJUANA AND MEDICAL MARIJUANA ACTIVITIES

OC DEVELOPMENT SERVICES REPORT

Personal Cannabis Cultivation Ordinances. Napa County Board of Supervisors 6/19/18

CITY OF MERCED Planning & Permitting Division STAFF REPORT: #15-23 AGENDA ITEM: 4.2

Medical Cannabis Uses

Proposition 64 Adult Use Marijuana Act (AUMA) with Information on Medical Cannabis

TITLE 22 - ZONING CHAPTER MEDICAL MARIJUANA DISPENSARIES AND CULTIVATION

PISMO BEACH COUNCIL AGENDA REPORT

ORDINANCE NO REZONE NO. 213

CITY OF LOMITA PLANNING COMMISSION REPORT

STAFF REPORT. Proposed Zoning Amendments Regulating Personal Cultivation of Cannabis

City Council Agenda Report Meeting Date: March 7, 2017

ORDINANCE NO. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF. SECTION 1. The Mayor and Council make the following legislative findings:

ORDINANCE NO SECTION 1. The Board of Supervisors makes the following findings in support of this ordinance:

ORDINANCE NO

ORDINANCE RECITALS

In June 2017, Governor Brown signed Senate Bill 94, the Medicinal and Adult-Use Cannabis Regulation

Recreational Marijuana in Clark County, Washington

CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT

CANNABIS. Working with local government and the cannabis industry to: Interactive Webinar Discussion on

M E M O R A N D U M. Members of the Castro Valley Municipal Advisory Council

ALAMEDA COUNTY COMMUNITY DEVELOPMENT AGENCY PLANNING DEPARTMENT

ORDINANCE NO

ORDINANCE NO WHEREAS, the MCRSA contains statutory provisions that:

Cannabis Land Use Ordinance Draft Environmental Impact Report Public Briefing

CITY OF CITRUS HEIGHTS

Adopted May 3, 2011 by Apache County Board of Supervisors Draft for P & Z Commission December 2015

Medical & Recreational Marijuana in Washington State North Dakota Association of Counties Conference October 9, 2017

City of Santa Rosa Comprehensive Cannabis Ordinance & Program Implementation

ORDINANCE (Next in Line)

Planning Commission Report

City of Coral Gables Planning and Zoning Staff Recommendation

CITY COUNCIL AGENDA REPORT

CITY OF BEVERLY HILLS POLICY AND MANAGEMENT MEMORANDUM

CITY OF HAWTHORNE CITY COUNCIL AGENDA BILL. For the special meeting of: January 19, 2016 Originating Department: Planning

SUBJECT Receive presentation on California Cannabis Legislation and Provide Direction on Proposed Actions for Redwood City

REPORT to the Mayor and Members of the City Council from the City Manager

Manufacturing or testing of marijuana, marijuana products, or marijuana accessories is prohibited.

Scott Friend, AICP Community Development Director Rick Crabtree, City Manager/Attorney

City of Calistoga Staff Report

MEDICAL MARIJUANA REGULATION AND SAFETY ACT 1 What Cities Need to Know About the New Law and Cultivation

ORDINANCE NO. the Control, Regulate, and Tax Adult Use of Marijuana Act (AUMA), to legalize the possession,

Jennifer A. Tschetter Hopping, Green & Sams, P.A.

ORDINANCE NO WHEREAS, absent appropriate local regulation authorized by the MAUCRSA, state regulations will control; and

Public Workshop Supervisorial District 5 April 17, 2017 Larch Clover Community Center

ORD. NO P 9/2-16(klk) 2

MARIJUANA POLICY PROGRAM COMMUNITY TOWN HALL

ORDINANCE NO

CITY OF DANA POINT AGENDA REPORT

ORDINANCE NO

NONPROFIT MEDICAL MARIJUANA DISPENSARIES AND CULTIVATION

ADVERTISING - CALIFORNIA

Informational Briefing: Medical Marijuana Regulation and Safety Act

Cannabis: SCRD Land Use Regulations. Infrastructure Services Committee Presentation June 2018

SARATOGA CITY COUNCIL

CITY OF BUCKLEY, WASHINGTON ORDINANCE NO

MEMORANDUM INTRODUCTION. DATE: July 28, 2016; Revised August 3, 2016 TO:

ORDINANCE NO

City of Santa Rosa Comprehensive Cannabis Policy

This Chapter shall be known as the Marijuana Use and Regulation Ordinance for the City of Palm Desert.

ORDINANCE NO. WHEREAS, on October 9, 2015, Governor Jerry Brown signed the "Medical Marijuana Regulation and Safety Act" ("Act") into law; and

AGENDA SPECIAL MEETING OF THE CITY COUNCIL CITY OF BANNING BANNING, CALIFORNIA

Butte County Board of Supervisors Agenda Transmittal

Benton County Planning Division

ORDINANCE NO 268. WHEREAS, the AUMA s Business & Professions Code Section 26055(e) provides that a

Commercial Cannabis Signage Ordinance

Ordinance No. 1632(17)

PC RESOLUTION NO XX

STAFF REPORT. Agenda Item: _A Date of Meeting: March 28, 2017 Department: Planning. City of Bishop Planning Commission

Regulating Commercial Cannabis Activity within the City of Los Angeles: An Update on Cannabis Policy Development and Implementation

Cannabis Commercial Licensing Ad Hoc Recommendation, Future Pathway and Alternative Options 11/14/ A 1 of 42

ACTION REQUESTED Conduct a public hearing and upon conclusion take the following actions:

Long Beach Area Cities

M E M O R A N D U M TO:

MAY 17, 2016 CITY COUNCIL STUDY SESSION POLICY DISCUSSION ON MEDICAL CANNABIS CULTIVATION FACILITIES

Industrial Hemp Registration Application Complete registrations are due by May 1 st, annually

BEFORE THE CITY COUNCIL OF THE CITY OF LAFAYETTE

CALIFORNIA AND MEDICAL MARIJUANA

City of Lafayette Staff Report

AN ORDINANCE OF THE BOARD OF COUNTY

ORDINANCE NO

Medical Marijuana Update

Amend the Warren Zoning Bylaw by adding a new Section 15, Medical Marijuana Treatment Center, as follows:

CITY OF LARKSPUR Staff Report. February 15, Honorable Mayor Haroff and Members of the Larkspur City Council

ORDINANCE NO NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES ORDAIN AS FOLLOWS:

DRAFT Medical Marijuana Zoning Ordinance For City Planning Commission 10/17/17 October 11, [Additions underlined, deletions in strikeout.

Transcription:

5.A-Staff Presentation Distributed 5/19/19 MEDICAL MARIJUANA ORDINANCE FILE #: 438-15-MISC Town of Los Altos Hills City Council Meeting May 19, 2016

Previous City Council Meeting Consider Modifying the Ordinance to allow for Personal Cultivation due to requests from qualified patients/residents Sheriff s Department stated that cultivation operations on rural residential properties can lead to increased fire risk, property damage, odor complaints, crime, uncontrolled access to minors, and environmental problems Council agreed that Commercial Operations should be prohibited but requested additional information from staff on personal cultivation requirements in other communities Staff to provide samples of regulations for personal cultivation from other surrounding jurisdictions with similar land uses and densities to LAH and to provide information on environmental impacts

Existing State Laws on Personal Cultivation of Marijuana State does not regulate cultivation by a qualified patient if crop area does not exceed 100 square feet, it is for their own personal medical use, and they do not sell, distribute, donate or provide medical marijuana to another person or entity Allows a primary caregiver to cultivate up to 500 square feet exclusively for the personal medical use of no more than five specified qualified patients under their care State does not prevent a city or county from regulating or banning the cultivation of marijuana or impair the enforcement of that regulation or ban.

Table with Local Regulations Jurisdiction Allow Commercial Operations Allow Personal Cultivation Special Regulations for Cultivation Atherton No No N/A Cupertino No Yes per state regulations None Hillsborough No No N/A Los Altos No No N/A Monte Sereno No Pending Regulations N/A Portola Valley No No N/A Santa Clara No Yes Yes County Woodside No Yes per state regulations None

Santa Clara County Personal Cultivation Regulations Cultivation must take place at the patient s or primary caregiver s residence Limited to either one indoor or one outdoor location Indoor cultivation area limited to one room and 50 sq.ft. Outdoor cultivation limited to 12 plants Maximum amount of storage 8 oz. of processed medical marijuana or an amount reasonable to meet the patient s needs Landlord s written permission required Cultivation is not visible or detectable from any other property or the street Obtain all necessary permits for electrical components and water use Total wattage of grow lights may not exceed 1,200 watts Outdoor cultivation areas must be surrounded by locking fence Marijuana plants may not exceed the height of the fence Prohibited in the front yard and in side and rear yard setbacks and not permitted within 1,000 feet of schools, parks, school bus stops

Public Safety Sheriff s Department does not recommend legalizing the cultivation of marijuana in LAH based on enforcement and regulation issues, accessibility to minors and susceptability of use to criminal acts Environmental Impacts Most environmental impacts associated with marijuana cultivation center on large illegal grow operations on public lands Impacts from small personal plots are minimal and would be similar to impacts from a typical homeowner s garden with regard to the use of pesticides and herbicides

Conclusion The Medical Marijuana Ordinance will maintain local control of the land use. The City Council can always modify the regulations in the future. The majority of communities that are similar in size and land use to LAH do not permit cultivation based on potential detrimental impacts from permitting the use Should the Council choose to allow personal cultivation, then strict regulations should be adopted concurrently to ensure proper regulation of the use

Background November 1996 Proposition 215 approved by California voters allowing for the use of medical marijuana for qualified patients. January 2004 State clarifies medical marijuana program by developing standards for identification cards, collectives, cultivation of cannabis. October 2015 Governor signs Assembly Bills 243 and 266 and Senate Bill 643 (aka Medical Marijuana Regulation and Safety Act or MMRSA) which create a regulatory and licensing system governing the cultivation, testing and distribution of medical marijuana, manufacturing of products and physician recommendations. Protects rights of local jurisdictions to regulate medical marijuana. The MMRSA contains specific language regarding cannabis cultivation - If a local agency does not have regulations in place by March 1, 2016, then the State becomes the sole licensing authority.

Current Town Regulations Section 10-1.309(a) of LAHMC establishes permissive zoning principles by stating that any use not listed as permitted or conditionally permitted is prohibited from being established or from operating in the respective zoning districts Town has two zoning districts Residential Agricultural (R-A) and Open Space Reserve (OSR) Based on permissive zoning, no commercial medical marijuana operations are permitted. However, agriculture is permitted in both districts and the cultivation of cannabis would be categorized as an agricultural use (the definition of agriculture in the LAHMC includes crop farming)

Proposed Ordinance Prohibits the establishment of cannabis dispensaries, cultivation (including for personal use), and all other commercial cannabis operations within Town limits Basis for recommending prohibition: Cannabis operations may have an adverse impact on residents in the community Limited time frame to enact new regulations (must be enacted by March 1, 2016 Urgency ordinance is needed) No history of requests from residents to establish cannabis operations Does not prevent the Town from modifying regulations in the future State will become the licensing authority for cannabis cultivation if no changes are adopted and the Town will relinquish its authority to regulate this use

Proposed Code Amendments Amend Section 10-1.202 by adding new definitions for Cannabis, Cannabis cultivation, Cannabis delivery operations, Commercial cannabis activity, and Dispensary Amend Sections 10-1.701 and 10-1.801 by modifying the uses permitted in the R-A and OSR zoning districts Add Sections 10-1.706 and 10-1.804 creating a Prohibited uses subsection under the R-A and OSR zoning districts

Planning Commission Draft ordinance reviewed by the Planning Commission on January 6, 2016 Concerns were raised related to potential criminal activities associated with cultivation operations Two Commissioners recommended allowing for personal cultivation and for delivery to qualified patients (state law allows individuals to cultivate between 6 and 12 plants, unregulated, and a qualified patient can posses up to 8 dried ounces for their personal use) Commission voted 5-0 to recommend that the City Council adopt the ordinance as modified to allow for delivery to qualified residents in Town

Public Comment No public comment was received at the Planning Commission meeting. Public notices were placed in the newspaper and posted in three public places. No written public comments have been received as of January 25, 2016