HomeMy WebLinkAboutMINUTES - 04032007 - D.1 TO: BOARD OF SUPERVISORS °
Contra
FROM: DENNIS M. BARRY, AICP Costa
COMMUNITY DEVELOPMENT DIRECTOR
County
DATE: APRIL 3, 2007
SUBJECT: HEARING ON A PROPOSED ONE YEAR EXTENSION (ORD. 2007-15) OF AN URGENCY
INTERIM ORDINANCE TO CONTINUE TO PROHIBIT THE ESTABLISHMENT OF
MEDICAL MARIJUANA DISPENSARIES IN THE UNINCORPORATED AREA OF
CONTRA COSTA COUNTY (ALL SUPERVISORIAL DISTRICTS)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
I. RECOMMENDATION
A. After accepting any public testimony, CLOSE the hearing.
B. FIND that the extension of the Urgency Interim Ordinance is exempt from the review
requirements of the California Environmental Quality Act insofar as the.adoption of
this ordinance would not have the potential to cause a significant effect on the
environment [CEQA Guidelines Section 15061(b)(3)].
CONTINUED ON ATTACHMENT: X YES SIGNATURE
__RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
—APPROVE OTHER
SIGNATURE (S):
= MM
ACTION OF BOARD ON APPROVED AS RECOMMENDED O R_
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND
UNANIMOUS(ABSENT) CORRECT COPY OF AN ACTION TAKEN AND
AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF
ABSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN
Contact: Ruben Hernandez(925)335-1339 ATTESTED o2CJ
JOHN CULLEN, QfERK OF THE BOARD OF
Grig: Community Development Department SUPERVISORS AND COUNTY ADMINISTRATOR
cc: Sheriff-Coroner Office
County Counsel
Building Inspection Dept., Property Conservation Division B , DEPUTY
Health Services Department
District Attorney's Office
Alcohol&Other Drugs Advisory Board
via Health Services Dept.
April 3, 2007
Board of Supervisors
Extension of Urgency Ordinance Prohibiting Establishment of Medical Marijuana Dispensaries
Page 2
C. ADOPT proposed Ordinance No. 2007-15 (refer to attached) to extend the period of
the Urgency Interim Ordinance one year, to April 10, 2008.
D. DIRECT the Community Development Department to post a Notice of Exemption with
the County Clerk.
II. FISCAL IMPACT
None.
III. BACKGROUND / REASONS FOR RECOMMENDATIONS
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.
The Federal Controlled Substances Act prohibits the use and distribution of marijuana.
In 2005, the United States Supreme Court held in Gonzales v. Raich 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.
Following the initial hearing on medical marijuana dispensaries (February 22, 2006), the
Board directed Supervisor Piepho's office to work with. Supervisor DeSaulnier's office,
the Community Development Department, the District Attorney's Office, County Counsel,
the Sheriff's Department, the Health Services Department, and other related
departments to develop recommendations for permanent regulation of medical
marijuana dispensaries within Contra Costa County. Since then, the medical marijuana
"Task Force" has held three meetings to discuss permanent regulation of medical
marijuana dispensaries. Members of the medical marijuana community attended two of
the meetings in order to provide input.
Pursuant to the provisions of Government Code Section 65858, on April 11, 2006, the
Board of Supervisors adopted an urgency interim ordinance prohibiting the
establishment of medical marijuana dispensaries in the unincorporated areas of the
County (Ord. No. 2006-12). As an urgency measure, the ordinance became effective
immediately and was effective for forty-five days, until May 26, 2006. Subsequently, as
allowed by State law, on. May 23, 2006, the Board of Supervisors adopted Ordinance
No. 2006-17, which extended the period of the original Urgency Interim Ordinance an
additional ten months and fifteen days, to April 10, 2007.
April 3, 2007
Board of Supervisors
Extension of Urgency Ordinance Prohibiting Establishment of Medical Marijuana Dispensaries
Page 3
Before the existing interim ordinance expires, State law allows the Board of Supervisors
to extend the period of the urgency interim ordinance one additional year provided that
the Board is able to make the required findings and that the Board approves the
extension by a four-fifths vote. The proposed extension is needed to allow the Task
Force to complete their recommendations and to provide staff the additional time
necessary to prepare the potential ordinance language and to conduct hearings before
the Planning Commission and the Board.
It should be noted that if the Board were to adopt the proposed extension, State law
would not allow for any further additional extensions.
IV. COMPLIANCE WITH THE REVIEW REQUIREMENTS OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
The basic purpose of the California Environmental Quality Act (CEQA) is to inform
governmental decision makers and the public about the potential significant
environmental effects of proposed discretionary activities, including activities directly
undertaken by a government agency.
The proposed adoption of the extension of the urgency interim ordinance is exempt from
the provisions of CEQA because staff has determined, with certainty, that the adoption of
an urgency interim ordinance prohibiting the establishment of medical marijuana
dispensaries in unincorporated Contra Costa County will not have a significant effect on
the environment. The proposed ordinance would have the effect of a short-term
restriction on the establishment of a land use activity that might otherwise affect the
environment. Section 15061(b) (3) of the CEQA Guidelines exempts projects from the
review requirements of CEQA that meet this criterion.
V. CONSEQUENCES OF NO ACTION OR NEGATIVE ACTION BY THE BOARD
If the Board decided not to take action on this item, the Urgency Interim Ordinance
adopted by the Board on May 23, 2006 would expire on April 10, 2007. If the Urgency
Interim Ordinance were to expire, it could possibly be lawful under existing zoning
regulations to establish medical marijuana dispensaries in certain zoning districts in the
unincorporated areas of Contra Costa County, including on properties near schools and
residential areas, without appropriate land use regulation.
Moreover, State law would bar the Board from adoption of a new interim ordinance
unless the new interim ordinance is adopted to protect the public safety, health and
welfare from an event, occurrence or set of circumstances different from the event,
occurrence, or set of circumstances that led to the adoption of the prior ordinance.
ADDENDUM
April 3, 2007 D.1 Extension of Ordinance on Medical Marijuana Dispensaries
The Board considered a proposal to adopt Ordinance No. 2007-15 to extend the Urgency Interim Ordinance
prohibiting the establishment of medical marijuana dispensaries in the unincorporated areas of Contra
Costa County one additional year, as recommended by Supervisor Piepho and the Community
Development Director.
Catherine Kutsuris, Community Development Department presented the staff report.
Chair Piepho opened the public hearing.
The following people spoke on behalf of adoption of the ordinance:
Marilynne L. Mellander, resident of El Sobrante;
Doug Stewart, Pacheco Municipal Advisory Council.
The following person spoke in opposition to adoption of the ordinance:
Lauren Unruh, resident of Pleasant Hill.
Chair Piepho returned the matter to the Board. Supervisor Gioia clarified that the Board was acting on an
extension of the Urgency Ordinance, and that the issue would return to the Board well before the end of a
year, and the ordinance could be ended at that time.
Supervisor Bonilla concurred with Supervisor Gioa and expressed her hope that the County could have a
ordinance in place well within a year's time.
By unanimous vote, with Supervisor Uilkema absent, the Board took the following action: CLOSED the
hearing; ADOPTED Ordinance No. 2007-15 to extend the Urgency Interim Ordinance prohibiting the
establishment of medical marijuana dispensaries in the unincorporated areas of Contra Costa County for
one additional year; FOUND that the extension of the Urgency Interim Ordinance is exempt from the
review requirements of the California Environmental Quality Act insofar as the adoption of this ordinance
would not have the potential to cause a significant effect on the environment; and DIRECTED the
Community Development Department to post a Notice of Exemption with the County Clerk
ORDINANCE NO. 2007-15
URGENCY INTERIM ORDINANCE EXTENDING MORATORIUM ON 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, the
Medical Marijuana Program Act(codified at Health and Safety Code sections 11362.7
through 11362.83)to establish regulations and procedures regarding the issuance of
identification cards to patients qualified to use medical marijuana.
B. Under the federal Controlled Substances Act (codified at Title 21,United States Code
section 801 et seq.), it is illegal to manufacture, distribute, dispense, or possess any
controlled substance, including marijuana. In 2005,the United States Supreme Court
held in Gonzales v. Raich (2005) 545 U.S. 1,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 allowed 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. Some jurisdictions have reported that medical marijuana
dispensaries have resulted in loitering, traffic congestion,parking problems,noise and
other harmful secondary effects. Other jurisdictions have prohibited medical marijuana
dispensaries from being located anywhere in those jurisdictions,noting that neither the
Compassionate Use Act nor the Medical Marijuana Program Act limit in any way the
authority of a local jurisdiction to regulate the location of marijuana dispensaries through
zoning regulations.
D. Contra Costa County has received several inquiries regarding applications for the
establishment of medical marijuana dispensaries.
ORDINANCE NO. 2007-15
1
E. On March 7, 2006, the Board of Supervisors directed staff to study and make
recommendations regarding the regulation of medical marijuana dispensaries. On April
11, 2006, the Board of Supervisors adopted Ordinance No. 2006-12, an interim urgency
ordinance that established a moratorium on medical marijuana dispensaries. On May 23,
2006, the Board adopted Ordinance No. 2006-17, an interim urgency ordinance that
continued the moratorium on medical marijuana dispensaries established by Ordinance
No. 2006-12.
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 continue suspending the establishment of medical marijuana
dispensaries to provide the County with additional time to continue considering
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 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 11362.5). .
SECTION III. EXTENSION. The moratorium established by Ordinance No. 2006-12 and
continued by Ordinance No. 2006-17 is extended for one year from the effective date of this
ordinance.
SECTION IV..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.V. REPORTS. In accordance with subdivision(d) of Government Code section
65858, ten days before the expiration of this ordinance, 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.
ORDINANCE NO. 2007-15
2
SECTION VI. 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 VII. 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 I.
SECTION VIII. 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 one year
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: �j i u%'�, l�uv�,: ►l a, �dv t c a v�c�► �`e o
NOES:.
ABSENT: tk.
ABSTAIN:
ATTEST: JOHN.CULLEN,
Clerk of the Board of Supervisors Board Chair
and County Administrator
By: [SEAL]
uty
TLG:
HA2007\Community Development\Medical Marijuana\urgency.ord-extend3.wpd
ORDINANCE NO. 2007-15
3
3 -o7
CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT REPORT ON
EXTENSION OF URGENCY INTERIM ORDINANCE
PROHIBITING MEDICAL MARIJUANA DISPENSARIES
Pursuant to Government Code, §65858 (d), the following report describes the measures
taken to alleviate the condition that led to the adoption of the urgency interim ordinance
(Ordinance No. 2006-12).
On May 23, 2006, the. Board of Supervisors adopted Ordinance No. 2006-17 that
extended an urgency interim ordinance prohibiting the establishment of medical
marijuana dispensaries in all areas of unincorporated Contra Costa County. The
ordinance was adopted in order to provide the County an opportunity to formulate and
adopt permanent zoning regulations addressing the establishment of medical marijuana
dispensaries. Unless the Board of Supervisors authorizes an extension, the interim
ordinance will expire on April 10, 2007.
i
Additional time is needed in order for the County to prepare an ordinance addressing
medical marijuana dispensaries. Since adopting the interim ordinance the County has
taken additional measures to alleviate the conditions that led the Board to adopt the
Urgency Interim Ordinance.
Additional Measures taken:
• Since adopting the last extension of the urgency interim ordinance (Ordinance No.
2006-17), the Board of Supervisors Medical Marijuana Task Force has held a
number of meetings to discuss the issues relating to medical marijuana
dispensaries. The Task Force, which consists of two members of the Board,
obtained input from representatives from the Office of the Sheriff, District
Attorney's Office, Community Development Department, Health Services
Department and County Counsel as well as representatives from the medical
marijuana community and other community groups.
• At the Task Force meetings input relating to medical marijuana and to dispensaries
was provided by various county departments and community groups. The Office of
the Sheriff and the County District Attorney's Office provided input related to
criminal activity. Local citizen groups, such as the Pacheco Town Council,
provided additional input on the impact of dispensaries within their communities.
The Task Force will utilize the information provided in the meetings as a basis for a
recommendation to the Board regarding permanent action for medical marijuana
dispensaries.
All
March 21, 2007
RECEIVE® Ruben Hernandez, Senior Pla er
Contra Costa County Communj ty Development
MAR 2 1 2001 Department (925) 335-1339
CLERK BOARD OF SUPERVISORS
CONTRA COSTA CO.
Kathy Sinclair/COB/CCC To cctlegals@cctimes.com,wctlegals@cctimes.com,
11/02/2005 11:00 AM
Idlegals@cctimes.com,vtlegals@cctimes.com
e cc Ruben Hernandez/CD/CCC, Maureen Parkes/CD/CCC
a 4
axttai t AaA&& ya bcc
Subject Publication Request-Med Mari
Good Morning to You All,
Please publish the attached legal notice in all County Times: Medical Marijuana
One day only, Saturday March 24, 2007
Reference Our PO#: 2048
Please confirm receipt of request.
Should you have any questions, please call me at the number listed below.
Thank you,
Kathy Sinclair
Clerk of the Board of Supervisors
Contra Costa County
651 Pine Street, Room 106
925.335.1902
MMJ clerk notice 4.3.07.doc
CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT REPORT ON
EXTENSION OF URGENCY INTERIM ORDINANCE
PROHIBITING MEDICAL MARIJUANA DISPENSARIES
Pursuant to Government Code, §65858 (d), the following report describes the measures
taken to alleviate the condition that led to the adoption of the urgency interim ordinance
(Ordinance No. 2006-12).
On May 23, 2006, the Board of Supervisors adopted Ordinance No. 2006-17 that
extended an urgency interim ordinance prohibiting the establishment of medical
marijuana dispensaries in all areas of unincorporated Contra Costa County. The
ordinance was adopted in order to provide the County an opportunity to formulate and
adopt permanent zoning regulations addressing the establishment of medical marijuana
dispensaries. Unless the Board of Supervisors authorizes an extension, the interim
ordinance will expire on April 10, 2007.
Additional time is needed in order for the County to prepare an ordinance addressing
medical marijuana dispensaries. Since adopting the interim ordinance the County has
taken additional measures to alleviate the conditions that led the Board to adopt the
Urgency Interim Ordinance.
Additional Measures taken:
• Since adopting the last extension of the urgency interim ordinance (Ordinance No.
2006-17), the Board of Supervisors Medical Marijuana Task Force has held a
number of meetings to discuss the issues relating to medical marijuana
dispensaries. The Task Force, which consists of two members of the Board,
obtained input from representatives from the Office of the Sheriff, District
Attorney's Office, Community Development Department, Health Services
Department and County Counsel as well as representatives from the medical
marijuana community and other community groups.
• At the Task Force meetings input relating to medical marijuana and to dispensaries
was provided by various county departments and community groups. The Office of
the Sheriff and the County District Attorney's Office provided input related to
criminal activity. Local citizen groups, such as the Pacheco Town Council,
provided additional input on the impact of dispensaries within their communities.
The Task Force will utilize the information provided in the meetings as a basis for a
recommendation to the Board regarding permanent action for medical marijuana
dispensaries.
March 21, 2007
RECEIVED Ruben hernandez, Senior Pla r
Contra Costa County Com n' y Development
MAR 2 1 2007 Department (925) 335-1339
CLERK BOARD OF SUPERVISORS
CONTRA COSTA CO.
"Ledger Legals" To Kathy Sinclair<KSinc@cob.cccounty.us>
<ldlegals@cctimes.com>
cc
03/21/2007 11:47 AM
bcc
Subject Re: Publication Request-Med Mari
Receipt confirmed. Will publish in the East County Times as requested.
Thank you.
Kathy Sinclair wrote:
> Good Morning to You All,
> Please publish the attached legal notice in all County Times: Medical
Marijuana
> One day only, Saturday March 24, 2007
> Reference Our PO#: 2048
> Please confirm receipt_ of request.
> Should you have any questions, please call me at the number listed
below.
> Thank you,
> Kathy Sinclair
> Clerk of the Board of Supervisors
> Contra Costa County
> 651 Pine Street, Room 106
> 925.335.1902
> (See attached file: MMJ clerk notice 4 .3.07.doc)
"Contra Costa Times Legals" To Kathy Sinclair<KSinc@cob.cccounty.us>
<cctlega Is@cctimes.com>
cc
03/21/2007 12:32 PM
bcc
Subject Re: Publication Request-Med Mari
Order is sched. for Sat. March 24.
Kathy Sinclair wrote:
> Good Morning to You All,
> Please publish the attached legal notice in all County Times: Medical
Marijuana
> One day only, Saturday March 24, 2007
> Reference Our PO#: 2048
>
>
> Please confirm receipt of request.
> Should you have any questions, please call me at the number listed
below.
> Thank you,
> Kathy Sinclair
> Clerk of the Board of Supervisors
> Contra Costa County
> 651 Pine Street, Room 106
> 925.335.1902
> (See attached file: MMJ clerk notice 4 .3.07.doc)
"West County Times Legals" To Kathy Sinclair<KSinc@cob.cccounty.us>
<wctlegals@cctimes.com>
cc
03/21/2007 12:36 PM
bcc
Subject CCC Clerk of The Board(P.O.2048)
West County Times Legal 1084
Ad Order 2291175
P.O. 2048
Publish: Mar. 24, 2007
Cost $61. 10
Kathy Sinclair wrote:
> Good Morning to You All,
> Please publish the attached legal notice in all County Times: Medical
Marijuana
> One day only, Saturday March 24, 2007
> Reference Our PO#: 2048
> Please confirm receipt of request.
> Should you have any questions, please call me at the number listed
below.
> Thank you,
> Kathy Sinclair
> Clerk of the Board of Supervisors
> Contra Costa County
> 651 Pine Street, Room 106
> 925.335.1902
> (See attached file: MMJ clerk notice 4.3.07.doc)
NOTICE OF HEARING
BEFORE THE CONTRA
COSTA COUNTY BOARD
OF SUPERVISORS
REGARDING THE
ADOPTION OF AN
ORDINANCE EXTENDING
THE URGENCY INTERIM
ORDINANCE PROHIBITING
THE ESTABLISHMENT OF
MEDICAL MARIJUANA
DISPENSARIES IN
UNINCORPORATED
CONTRA COSTA COUNTY
ONE ADDITIONAL YEAR,
COUNTY WIDE
NOTICE is hereby given
that on Tuesday, April 3,
2007 at 2.•00 p.m. in the
County Administration
Building,651 Pine Street,
Room 107(Corner of Pine
and Escobar Streets),
Martinez, California, the
Contra Costa County
Board of Supervisors will
hold a public hearing to
consider the following
matter:
A proposal to consider
adoption of Ordinance
No.2007-15,which would
extend the UrgencyInter-
im Ordinance (Ordinance
No. 2006-17) prohibiting
the establishment of
medical marijuana dis-
gensaries adopted by the
Board on May 23, 2006,
one additional year.
Adoption of the Ordi-
nance would extend the
moratorium on medical
marijuana dispensaries in
the unincorporated areas
of Contra Costa County
("County") to April 10,
2008. The ordinance
would continue to make
medical marijuana dis-
pensaries a prohibited
use in all zoning districts
of the County. While the
ordinance is in effect,no
applications for land-use
entitlements or building
permits can be accepted
or processed and no
land-use entitlements or
building permits can be
approved or issued for
any medical marijuana
dispensary at any loca-
tion in unincorporated
Contra Costa County.
For purposes of compli-
ance with the California
Environmental Quality
Act(CEOA) staff has de-
termined that the Ordi-
nance extending the pro-
hibition of medical mari-
juana dispensaries is ex-
empt per Section
15061(b)(3)of CEQA.
If you challenge the proj-
ect in court,you may be
limited to raising only
those issues you or
someone else raised at
the public hearing descri-
bed in this notice, or in
written correspondence
delivered to the County
at,or prior to,the public
hearing.
Date:March 21,2007
John Cullen,Clerk of the
Board of Supervisors and
County Administrator
By Katherine Sinclair,
Deputy Clerk
LegaICCT#2291115
Publish March 24,2007
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
County of Contra Costa
1 am a citizen of the United States and a resident of the
County aforesaid; 1 am over the age of eighteen years,
and not a party to or interested in the above-entitled
matter.
I am the Principal Legal Clerk of the Contra Costa Times,
a newspaper of general circulation, printed and published
at 2640 Shadelands Drive in the City of Walnut Creek,
County of Contra Costa, 94598.
And which newspaper has been adjudged a newspaper of
general circulation by the Superior Court of the County of
Contra Costa, State of California, under the date of
October 22, 1934. Case Number 19764.
The notice, of which the annexed is a printed copy (set in
type not smaller than nonpareil), has been published in
each regular and entire issue of said newspaper and not
in any-supplement thereof on the following dates,to-wit:
March 24,
all in the year of 2007
I certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Executed at Walnut Creek, California.
On this 27 day of March, 2007
1
. .
..
Signature
Contra Costa mes
P O Box 4147
Walnut Creek, CA 94596
(925) 935-2525
Proof of Publication of:
(attached is a copy of the legal advertisement that
published)
NOTICE OF HEARING BE-
FORE THE CONTRA COSTA
COUNTY BOARD OF
SUPERVISORS REGARDING
THE ADOPTION OF AN ORDI-
NANCE EXTENDING THE
URGENCY INTERIM ORDF
NANCE PROHIBITING THE
ESTABLISHMENT OF
MEDICAL MARIJUANA
DISPENSARIES IN UNINCOR-
PORATED CONTRA COSTA
COUNTY ONE YEAR,COUNTY ADDITIONAL `
NOTICE is hereby given that
on Tuesday,Apnl 3,2007 at
2:00 p.m in the County Ad-
ministration Building, 651
Pine Street,Room 107(Cor-
ner of Pine and Escobar
Streets), Martinez, Califor-
nia,the Contra Costa Coun-
hold
ldrd of Supervisors will
public hearing to
consider the following mat-
ter:
A proposal to consider
adoption of Ordinance No.
2007-15, which would ex-
tend the Urgency Interim
Ordinance (Ordinance No.
2006-17)prohibiting the es-
tablishment of medical
marijuana dispensaries
adopted by the Board on
May 23,2006,one additional
year.Adoption of the Ordi-
nance would extend the
moratorium on medical
marijuana dispensaries in
the unincorporated areas of
Contra Costa County
C'County')to April 10 2008.
The ordinance would con-
tinue to make medical mari-
Juana dispensaries a pro-
hibited use in all zoning dis-
tricts of the County.While
the ordinance is in effect,
no applications for land-use
entitlements or building
permits can be accepted or
processed,and no land-use
entitlements or building
permits can be approved or
issued for any medical mar-
ijuana dispensary at any lo-
cation in unincorporated
Contra Costa County.
For purposes of compliance
with the California Environ-
mental Quality Act(CEOA),
staff has determined that
the Ordinance extending
the prohibition of medical
marijuana dispensaries is
15061(b)(3)of CEQA.Section
If you challenge the project
in court,you may be limited
to raising only those issues
you or someone else raised
at the public hearing de-
scribed In this notice,or in
written correspondence de-
livered to the County at,or
prior to,the public hearing.
Date: March 21,2007
John Cullen,Clerk of the
Board of Supervisors and
County Administrator
By:
Clerk Sinclair,
Legal EC 9396
Publish:March 24,2007
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
County of Contra Costa
I am a citizen of the United States and a resident of the
County aforesaid; I am over the age of eighteen years,
and not a party to or interested in the above-entitled
matter.
I am the Principal Legal Clerk of the East County Times,
newspapers of general circulation, printed and published
at 2640 Shadelands Drive in the City of Walnut Creek,
County of Contra Costa, 94598.
And which newspaper has been adjudged a newspaper of
general circulation by the Superior Court of the County,of
Contra Costa, State of California, under the date of
January 6, 1919. Case Number 8268.
The notice, of which the annexed is a printed copy (set in
type not smaller than nonpareil), has been published in
each regular and entire issue of said newspaper and not
in any supplement thereof on the following dates,to-wit:
March 24,
all in the year of 2007
1 certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Executed at Walnut Creek, California.
On this 27 day �f March, 2007
--�._
............I........ ........................................................
Signature
East County Times
1700 Cavallo Road
Antioch, CA 94509
(925) 779-7115
Proof of Publication of:
(attached is a copy of the legal advertisement that
published)
NOTICE OF HEARING BE-
FORE THE CONTRA COSTA
COUNTY BOARD OF SUPER-
VISORS REGARDING THE
ADOPTION OF AN ORDI-
NANCE E ffENDINO THE UR-
GENCY INTERIM ORDINANCE
PROHIBITING THE ESTAB-LISHMENT OF MEDICAL
MARIJUANA DISPENSARIES
IN UNINCORPORATED CON-
TRA COSTA COUNTY ONE
ADDITIONAL YEAR,
COUNTY WIDE
NOTICE is hereby,given that
on Tuesday,April3,2007 at ..
2..00 p.m.in the;County Ad-
ministration Building 651
Pine Street,Room 107(Cor-
ner of Pine and Escobar
Streets),Martinez,Califor-
nia,the Contra Costa Coun-
ty Board of Supervisors will
hold a public hearing to
consider the following mat-
ter:
A proposal to consider
adoption of Ordinance No.
2007-15,which would ex-
tend the Urgency Interim
Ordinance(Ordinance No.
2006-17)prohibiting the es-
tablishment of medical
marijuana dispensaries
adopted by the Board on
May 23,2006,one additional
year.Adoption of the Ordi-
nance would extend the
moratorium on medical
marijuana dispensaries in
the unincorporated areas of
Contra Costa County
("County)to April i0,2008.
The ordinance would con-
tinue to make medical mari-
uana dispensaries a pro
ibited use in all zoning dis-
tricts of the County.While
the ordinance is in effect,
no applications for land-use
entitlements or building
permits can be accepted or
processed,and no land-use
entitlements or building
permits can be approved or
issued for any medical mar-
ijuana dispensary at any lo-
cation in unincorporated
Contra Costa County.
For purposes of compliance
with the California Environ-
mental Quality Act(CEQA),
staff has determined that
the Ordinance extending
the prohibition of medical
marijuana dispensaries is
exempt per Section
15061(b)(3)of CEQA.
If you challenge the project
in court,you may be limited
to raising only those issues
you or someone else raised
at the public hearing de
scribed in this notice,or in
written correspondence de-
livered to the County at,or
prior to,the public hearing.
Date: March 21,2007
John Cullen,Clerk of the
Board of Supervisors and
County Administrator
BY
Katherine Sinclair,Deputy
Clerk
Legal WCT 1084
Publish March 24,2007
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
County of Contra Costa
I am a citizen of the United States and a resident of the
County aforesaid; I am over the age of eighteen years,
and not a party to or interested in the above-entitled
matter.
I am the Principal Legal Clerk of the West County Times,
a newspaper of general circulation, printed and published
at 2640 Shadelands Drive in the City of Walnut Creek,
County of Contra Costa, 94598.
And which newspaper has been adjudged a newspaper of
general circulation by the Superior Court of the County of
Contra Costa, State of California, under the date of
August 29, 1978. Case Number 188884.
The notice, of which the annexed is a printed copy (set in
type not smaller than nonpareil), has been published in
each regular and entire issue of said newspaper and not
in any supplement thereof on the following dates,to-wit:
March 24,
all in the year of 2007
1 certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Executed at Walnut Creek, California.
On this 27 day,& March, 2--007
jr....... ................ .......................
Signature
West County Times
P O Box 100
Pinole, CA 94564
(510) 262-2740
Proof of Publication of:
(attached is a copy of the legal advertisement that
published)
NOTICE OF HEARING BEFORE THE CONTRA COSTA COUNTY BOARD OF
SUPERVISORS REGARDING THE ADOPTION OF AN ORDINANCE EXTENDING
THE URGENCY INTERIM ORDINANCE PROHIBITING THE ESTABLISHMENT OF
C' MEDICAL MARIJUANA DISPENSARIES IN UNINCORPORATED CONTRA COSTA
COUNTY ONE ADDITIONAL YEAR, COUNTY WIDE
NOTICE is hereby given that on Tuesday,April 3,2007 at 2:00 p.m. in the County
Administration Building, 651 Pine Street, Room 107 (Corner of Pine and Escobar Streets),
Martinez, California, the Contra Costa County Board of Supervisors will hold a public hearing to
consider the following matter:
A proposal to consider adoption of Ordinance No. 2007-15, which would extend the Urgency
Interim Ordinance(Ordinance No. 2006-17)prohibiting the establishment of medical marijuana
dispensaries adopted by the Board on May 23, 2006, one additional year. Adoption of the
Ordinance would extend the moratorium on medical marijuana dispensaries in the
unincorporated areas of Contra Costa County("County")to April 10, 2008. The ordinance
would continue to make medical marijuana dispensaries a prohibited use in all zoning districts of
the County. While the ordinance is in effect,no applications for land-use entitlements or building
permits can be accepted or processed, and no land-use entitlements or building permits can be
approved or issued for any medical marijuana dispensary at any location in unincorporated
Contra Costa County.
For purposes of compliance with the California Environmental Quality Act (CEQA), staff has
determined that the Ordinance extending the prohibition of medical marijuana dispensaries is
exempt per Section 15061(b)(3) of CEQA.
If you challenge the project 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 County at, or prior to, the public hearing.
Da*e: March 21, 2007
John Cullen, Clerk of the
Board of Supervisors and
Count//y Administrator
By
Katherine Sinclair, Deputy Clerk
NOTICE OF HEARING BE-
FORE THE CONTRA COSTA
COUNTY BOARD OF SU-
PERVISORS REGARDING
THE ADOPTION OF AN OR-
DINANCE EXTENDING THE
URGENCY INTERIM ORDI-
NANCE PROHIBITING THE
ESTABLISHMENT OF MEDI-
CAL MARIJUANA DISPEN-
SARIES IN UNINCORPO-
RATED CONTRA COSTA
COUNTY ONE ADDITIONAL
YEAR,COUNTY WIDE
NOTICE is hereby given
that on Tuesday,April 3,
2007 at 2:00 p.m. in the
County Administration
Building,651 Pine Street,
Room 107(Corner of Pine
and Escobar Streets),
Martinez, California, the
Contra Costa County
Board of Supervisors will �.
hold a public hearing to
consider the following
matter:
A proposal to consider
adoption of Ordinance
No.2007-15,which would
extend the Urgencyy,Inter-
im Ordinance (Ordinance
No. 2006-17) prohibiting
the establishment of
medical marijuana dis-
pensaries adopted by the
Board on May 23, 2006,
one additional year.
Adoption of the Ordi-
nance would extend the
moratorium on medical
marijuana dispensaries in
the unincorporated areas
of Contra Costa County
("County") to April 10,
2008. The ordinance
would continue to make
medical marijuanadis-
pensaries a prohibited
use in all zoning districts
of the County. While the
ordinance is in effect,no
applications for land-use
entitlements or building
permits can be accepted
or rocessed and no
Iand<--use entitlements or
building permits can be
approved or issued for
any medical marijuana
dispensary at any loca-
tion in unincorporated
Contra Costa County.
For purposes of compli-
ance with the California
Environmental Quality
Act(CT) staff has de-
terminedd that the Ordi-
nance extending the pro-
hibition of medical mari-
juana dispensaries is ex-
empt per Section
15061(b)(3)of CEQA.
Ifyou challenge the proj-
ect in court,you may be
limited to raising only
those issues you or
someone else raised at
the publichearing descri-
bed in this notice, or in
written correspondence
delivered to the County
at,or prior to,the public
hearing.
Date: March 21,2007
John Cullen,Clerk of the
Board of Supervisors and
County Administrator
By Katherine Sinclair,
Deputy Clerk
Legal SRVT#2290391
Publish March 24,2007
THE VALLEY TIMES
(Incorporating The Pleasanton Times)
P.O. Box 607 - Pleasanton, Calif.
94566
AFFIDAVIT OF PUBLICATION
The undersigned declares and says:
That he is and was during all the times herein
mentioned a citizen of the United States, over the age of
21 years, and neither party to nor in any way interested
in the matter of action herein set forth, and is and was
competent to be a witness in said matter of action.
That he is now and was at all times mentioned the
Publisher/Legal Clerk/Legal Coordinator of THE VALLEY
TIMES, incorporating the Pleasanton Times and is now,
and was all the times therein mentioned a newspaper of
general circulation printed and published in the City of
Pleasanton, Township of Pleasanton, County of Alameda,
State of California, and as such has now at at all times
had charge of all legal notices and advertisements in said
newspaper; and that said THE VALLEY TIMES,
incorporating The Pleasanton Times is now and was at all
times herein mentioned a newspaper of general
circulation as that term is defined by Section 6040.5 of
the Government code, and as provided by said Section is
published for dissemination of local and telegraphic news
and intelligence of general character, having a bonafide
subscription list of paying subscribers, and is not devoted
to the interests or published for the entertainment or
instruction of a particular class, profession, trade, calling,
race or denomination, or for any number of such classes,
professions, trades, callings races, or denominations; that
all of said times said newspaper has been established,
printed, and published at regular intervals in said
township, county, and state, for more than a year
preceding the date of the first publication of the notice
mentioned; the said notice was set in type not smaller
than nonpariel, and was preceded with words in
bla:kface type not smaller than nonpariel, describing or
expressing in general terms the purport and character of
the notice intended to be given.
That the Fictitious Business Name a copy of which is
attached hereto, was published in said newspaper, The
Valley Times (incorporating The Pleasanton Times) on the
March 24,
all in the year of 2007
1 certify (or declare) under penalty of perjury that the
foregoing is t /e and correct.
.................... ...........................................................
Signature
Executed at Walnut Creek, California.
Dale: March 27, 2007