HomeMy WebLinkAboutMINUTES - 04112006 - D.3 TO: BOARD OF SUPERVISORS
FROM: SUPERVISOR GAYLE B. UILKEMA : = Contra
DATE: April 11, 2006 •.
Costa
T
~� County
SUBJECT: URGENCY INTERIM ORDINANCE PROHIBITING 43
MEDICAL MARIJUANA DISPENSARIES
•
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
That the Board ADOPT Ordinance No. 2006-12, an interim ordinance prohibiting the establishment of
medical marijuana dispensaries.
BACKGROUND:
Medical marijuana dispensaries pose a current and immediate threat to the public health, safety and welfare for the following
reasons: it is anticipated that the County will receive applications to establish medical marijuana dispensaries; existing zoning
regulations do not address the establishment of such dispensaries; these dispensaries could arguably be located in residential
areas near churches and schools; and other public entities have reported that medical marijuana dispensaries result in harmful
secondary effects such as traffic congestion, parking problems, loitering and noise. As an emergency measure, this interim
zoning ordinance prohibits the establishment of these dispensaries for forty-five (45) days and may thereafter be extended as
provided by law. The purpose of this ordinance and any extension thereof, is to give the County an opportunity to formulate and
adopt permanent zoning regulations addressing the establishment of medical marijuana dispensaries.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE: GAYLE B.UILKEMA �(
ACTION OF BOARD ON AprII 1 1, 2006 APPROVED AS RECOMMENDED /1 OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT A/oAlE ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED 046 bfoC�(o
1]QEA-TAY' H 6:D ohn(Cullen,Clerk of the Board of
Supervisors and County Administrator
BY DEPUTY
Contact Person:
CC: Chief Administrator's Office
Community Development
Sheriff's Office
Health Services
ORDINANCE NO. 2006-12
URGENCY INTERIM ORDINANCE PROHIBITING THE ESTABLISHMENT OF
MEDICAL MARIJUANA DISPENSARIES IN THE UNINCORPORATED AREA OF
CONTRA COSTA COUNTY
The Contra Costa County Board of Supervisors ordains as follows:
SECTION I. FINDINGS AND PURPOSE. /
11 .S
A. In 1996, the voters of the State of California approved Proposition 215, the Compassionate
Use Act of 1996, codified at Health and Safety Code section seq. The purpose of
the Compassionate Use Act of 1996 is to enable persons who are in need of marijuana for
specified medical.purposes to obtain and use marijuana under limited, specified circumstances. .
In 2003, the State Legislature enacted Senate Bill 420 to establish regulations and procedures
regarding the issuance of identification cards to patients qualified to use medical marijuana.
B. The federal Controlled Substances Act, codified at Title 21, United States Code section 801 et
seq., prohibits the use and distribution of marijuana. In 2005, the United States Supreme Court
held in Gonzales v. Raich (2005) 125 S.Ct. 2195, that the federal Controlled Substances Act
is not affected by the state Compassionate.Use Act of 1996, and therefore it is a violation of
federal law to possess or distribute marijuana even if for medical purposes.
C. Some-jurisdictions have relied on the provisions of the-Compassionate Use Act of 1996 to
allow the establishment of medical marijuana dispensaries at fixed locations. Many of these
jurisdictions have reported negative secondary effects, such as an increase in crime, in the areas
immediately surrounding the dispensaries. Reports show that some jurisdictions have received
and investigated a number of complaints of criminal activity, including armed robberies and
burglaries, at or near medical marijuana dispensaries. Other jurisdictions have reported that
medical marijuana dispensaries have resulted in loitering, traffic congestion, parking problems,
noise and other harmful secondary effects.
D. Contra Costa County has received several inquiries regarding applications for the establishment
of medical marijuana dispensaries.
E. On February 22, 2006, the Board of Supervisors directed staff to study and make
recommendations regarding the regulation of medical marijuana dispensaries. The County
Ordinance Code does not contain specific zoning standards or development regulations
regarding the location or use of facilities established to distribute marijuana for medicinal
purposes.
ORDINANCE NO. 2006-12
1 .,
TO: BOARD OF SUPERVISORS
FROM: SUPERVISOR GAYLE B. UILKEMA •`�• Contra
'ATE: April 11,2006 Costa
County
SUBJECT: URGENCY INTERIM ORDINANCE PROHIBITING
MEDICAL MARIJUANA DISPENSARIES
6
SPECIFIC REQUEST(S) OR RECOMMENDATION(S)& BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
That the Board ADOPT Ordinance No.2006-12, an interim ordinance prohibiting the establishment of
medical marijuana dispensaries.
BACKGROUND:
Medical marijuana dispensaries pose a current and immediate threat to the public health, safety and welfare for the following
reasons: -it is anticipated that the County will receive applications to establish medical marijuana dispensaries; existing zoning
regulations do not address the establishment of such dispensaries; these dispensaries could arguably be located in residential
areas near churches and schools; and other public entities have reported that medical marijuana dispensaries result in harmful
secondary effects such as traffic congestion, parking problems, loitering and noise. As an emergency measure,this interim
zoning ordinance prohibits the establishment of these dispensaries for forty-five (45)days and may thereafter be extended as
provided by law. The purpose of this ordinance and any extension thereof, is to give the County an opportunity toformulate and
adopt permanent zoning regulations addressing the establishment of medical marijuana dispensaries.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE . OTHER
SIGNATURE: GAYLE B.UILKEMA
ACTION OF BOARD ON April 1 1, 2006 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT ) 'AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED
John Cullen,Clerk of the Board of
Supervisors and County Administrator
BY DEPUTY
contact Person:
CC: Chief Administrator's Office
Community Development
Sheriffs Office
Health Services
F. The establishment of medical marijuana dispensaries without appropriate rules and regulations
could result in harmful secondary effects, such as an increase in crime, loitering, traffic
congestion, parking problems,noise.and other negative effects.
G. It is necessary to suspend the establishment of medical marijuana dispensaries to provide the
County with time to consider regulations governing the location and operation of medical
marijuana dispensaries, and to determine the extent of these regulations.' Absent.this interim
ordinance, medical marijuana dispensaries could arguably be located in residential areas or in
close proximity to schools, churches, day care centers and other sensitive uses incompatible
with medical marijuana dispensaries.
SECTION II. DEFINITION. For purposes of this ordinance, "medical marijuana dispensary'
means any facility or location where marijuana is made available, sold, transmitted, given, distributed to,
or otherwise provided to primary caregivers, qualified.patients, persons with an identification card, or
any other qualified individuals,in accordance with.the state Compassionate Use Act of 1996 (Health
and Safety Code section 11326.5 et seq.).
SECTION III. PROHIBITION. A medical marijuana dispensary is a prohibited use in all zoning
districts of the County. While this interim ordinance is in effect, no,applications for land-use
entitlements or building permits shall be accepted or processed, and no land-use entitlements or building
permits shall be approved or issued, for any medical marijuana dispensary at any location in the
County.
SECTION IV. REPORTS. In accordance with subdivision (d) of Government Code section 65858,
ten days before the expiration of this ordinance or any extension of it, the Community Development
Department shall file with the Clerk of this Board a written report describing the measures taken to.
alleviate the conditions that led to the adoption of this urgency interim ordinance.
SECTION V. SEVERABILITY. If any provision or clause of this ordinance or the application
thereof to any person or circumstances is held to be unconstitutional or to be otherwise invalid by any
court of competent jurisdiction, such invalidity shall not affect other ordinance provisions or clauses or
applications thereof that can be implemented without the invalid provision or clause or application, and
to this end the provisions and clauses of this ordinance are declared to be severable.
SECTION VI. DECLARATION OF URGENCY. This ordinance is hereby declared to be an
urgency ordinance for the.immediate preservation of the public safety, health, and welfare of the
County, and it shall take effect immediately,upon its adoption. The facts constituting the urgency of this
ordinance's adoption are set forth in Section 1.
ORDINANCE NO. 2006-12
2
SECTION VII. EFFECTIVE PERIOD. This ordinance becomes effective immediately upon
passage by four-fifths vote of the Board and shall continue in effect for a period of 45 days, pursuant to
Government Code section 65858. Within 15 days of passage, this ordinance shall be published once
with the names of the supervisors voting for and against it in the Contra Costa Times, a newspaper
published.in this County.
PASSED ON by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: JOHN CULLEN,
Clerk of the Board of Supervisors Board Chair
and County Administrator
By: [SEAL]
Deputy
TLG:
H:\2006\CommunityDeyelopment\Medical Marijuana\urgency ordl.wpd.. . .
ORDINANCE NO. 2006-12
3
ORDINANCE NO. 2006-12
URGENCY INTERIM ORDINANCE PROHIBITING THE ESTABLISHMENT OF
MEDICAL MARIJUANA DISPENSARIES IN THE UNINCORPORATED AREA OF
CONTRA COSTA COUNTY
The Contra Costa County Board of Supervisors ordains as follows:
SECTION I. FINDINGS AND PURPOSE.
A. In 1996, the voters of the State of California approved Proposition 215, the Compassionate
Use Act of 1996, codified at Health and Safety Code section 11362.5. The purpose of the
Compassionate Use Act of 1996 is to enable persons who are in need of marijuana for
specified medical purposes to obtain and use marijuana under limited, specified circumstances.
In 2003, the State Legislature enacted Senate Bill 420 to establish regulations and procedures
regarding the issuance of identification cards to patients qualified to use medical marijuana.
B. The federal Controlled Substances Act, codified at Title 21, United States Code section 801 et
seq.,prohibits the use and distribution of marijuana. In 2005, the United States Supreme Court
held in Gonzales v. Raich (2005) 125 S.Ct. 2195, that the federal Controlled Substances Act
is not affected by the state Compassionate Use Act of 1996, and therefore it is a violation of
federal law to possess or distribute marijuana even if for medical purposes.
C. Some jurisdictions have relied on the provisions of the Compassionate Use Act of 1996 to
allow the establishment of medical marijuana dispensaries at fixed locations. Many of these
jurisdictions have reported negative secondary effects, such as an increase in crime, in the areas
immediately surrounding the dispensaries. Reports show that some jurisdictions have received
and investigated a number of complaints of criminal activity, including armed robberies and
burglaries, at or near medical marijuana dispensaries. Other jurisdictions have reported that
medical marijuana dispensaries have resulted in loitering, traffic congestion, parking problems,
noise and other harmful secondary effects.
D. Contra Costa County has received several inquiries regarding applications for the establishment
of medical marijuana dispensaries.
E. On February 22, 2006, the Board of Supervisors directed staff to study and make
recommendations regarding the regulation of medical marijuana dispensaries. The County
Ordinance Code does not contain specific zoning standards or development regulations
regarding the location or use of facilities established to distribute marijuana for medicinal
purposes.
ORDINANCE NO. 2006-12,
1
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Marilynne Mellander 510-758-7365 p. 2
Apt"0 1 1 ,2006 nnI T
To: Co tra Costa County Board of Supervisors
Re: April 11 , 2006 Agenda item D.3, Medical Mruijuana C;ltibs
Board of Supervisors:
Todav's West County Times' contained an article that stated the Cuurity had
granted a business license to a. Don "Buzz" Fowler to operate It so-called
"lnedical marijuana dispensary" AKA pot club.
As a member of the El Sobrante Municipal Advisory C,otincil, I hive asked
during meetings if there were any existing pot clubs in E1 Sobrante. I �vas
told by the Sheriffs deputy, and members of the (-;SMAC (who are also
members ofthe 14.1 Sobrante Valley Planning atld Zoning Cotnniittce) that: no
such clubs exist here in El Sobrante.
I find it unbelievable that the Planning & Zoning Comnlittce (P & Z) NXould
not be aware of the issuance of such a business license. Ms. Loynd xvho has
headed up this unelected body for over 2.5 years is aware of ally rle\.v business
which opens in. E1 Sobrante and it is my Understanding that any rievv btisniess
must come before the F & 7 for a hearing before opening.
Why didn't the County refer this inatter to the EI Sobrante MAC.: before
issuing such a license?
I am OPPOSED to the very concept of"lnedical 111ari.juana dispensaries" and
ask that you close this business down IMMEDIATELY for the; health rind
safety of the citizens of El Sobrante.
Sincerely,
Marilvlln5 l.... Mellancler
Member, El Sobrautte MAC'
a'
510 758 7365
Marilynne Mellander 510-758-7365 P. l
' r
FAX
TO: Contra Costa Board of Supervisors
FAX: 925-335-1913
FROM: MARJLYNNE L. MELLANDER
Member, El Sobrante Municipal Advisory Council
PHONE: 510-223-0443
2 pages total including cover
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_ .• _:;�_ LEGAL PUBLICATION REQUISTION
Contra Costa County
i
From: Clerk of the Board To: Contra Costa Times
651 Pine St., Room 106 PO Box 5124
Martinez, CA 94553 Walnut Creek,.CA-94596
�ty3 �3s9
Requested by: : - JANE PENNINGTON jute: APRIL 11, 2006 j
- i
925-335-1908
Phone No:'_ Reference No:- 1151.
Org: Sub Object: 2190 Task: SAS Activity:
Publication Date (s): APRIL 11, 2006
No. of Pages4�
LEGAL PUBLICATION- ADOPTION OF ORDINANCE 2006-12 .
PROHIBITING THE ESTABLISHMENT OF MEDICAL
MARIJUANA DISPENSARIES IN THE UNINCORPORATED
AREA OF CONTRA COSTA COUNTY
- FAX -
••'•Immediately upon exp'vation of publication••••—_.. — —
send in one affidavit for each publication in
order that the auditor may be authorized to pay your bill.,
Authorized Signature. G1
Please core irni date of p0licatimi & receipt of-this fax.
MESSAGE CONFIRMATION
0411112006 13:22
ID=CONTRA COSTA COUNTY CLERK OF THE
DATE S,R-TITIE DISTANT. STATION ID ' MODE PAGES RESULT
04%11 00'53" 9259438359 TX 04 OK 0000
04/11'2006 13:21 CONTRA COSTA COUNTY CLERK OF THE 99438359 HO.999 D01
LEGAL Ptr1BLICA`i'ION REQUISTION
Contra Costa County
From: Clerk of the Board To: Contra Costa Times
651 Pine St., Room 106 PO Box 5124
Martinez, CA 94553 Walnut Creek, CA'94596
Requested by: TANS PzNcToNDate: APRIL 11, �006
925-335-1908 1151
Phone No. - _ Reference No: _ -- _
Qrg: Sub Object: .2190 Task: $ Activity:
Publication Date (s): APRIL 11, 200
No. of Pagesp