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HomeMy WebLinkAboutMINUTES - 04032007 - D.2 TO: BOARD OF SUPERVISORS ,o� C®n tra FROM: SUPERVISOR MARY N. PIEPHO g - Costa SUPERVISOR SUSAN BONILLA " MEDICAL MARIJUANA TASK FORCECountyDATE: MARCH 27, 2007 P. SUBJECT: REPORT FROM MEDICAL MARIJUANA TASK FORCE INCLUDING RECOMMENDATION TO PROHIBIT THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. ACCEPT the report from the Medical Marijuana Task Force; and 2. DIRECT the Community Development Department and the Office of County Counsel to draft an ordinance for consideration by the County Planning Commission and the Board of Supervisors that would prohibit medical marijuana dispensaries from being established in the unincorporated area of the County. FISCAL IMPACT The Community Development Department and the Office of County Counsel would incur-staff costs for developing the ordinance as well as costs associated with the public hearings. Depending upon the number of public hearings and the range and quantity of public comments, the Community Development Department estimates the cost to be $8,0.00 to $12,000. CONTINUED ON ATTACHMENT: ❑ YES SIGNATURE: ❑ RECOMMENDATION OF COUNTY ADMINISTRATOR ❑ RECOMMENDATION OF BOARD COMMITTEE ❑APPROVE ❑ OTHER SIGNATURE(S): r ACTION OF BOARD ONa A ❑ OTHER ❑ VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND UNANIMOUS (ABSENT /'1 ) ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. AYES: NOES: ABSENT: ABSTAIN: ATTESTED: APRIL 3,2007. Contact: Catherine Kutsuris(925)335-1210 JOHN CULLEN,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR cc: County Administrator County Counsel Community Development Rv- `G% nPnnty Medical Marijuana Task Force Report. March 27, 2007 Page 2 BACKGROUND In response to the opening of dispensaries within the unincorporated area of the County, the Board of Supervisors, at the March 7, 2006 meeting, directed Supervisor Piepho to work with Supervisor DeSaulnier's office as well as with the Community Development Department, the District Attorney's Office, the Office of County Counsel, the Office of the Sheriff, the Health Services Department and other related departments to study and make recommendations on marijuana dispensaries operating in areas within the County's jurisdiction. The Medical Marijuana Task Force met on three occasions, twice in calendar year 2006 and most recently on March 1, 2007. Comments and opinions were solicited from representatives of the medical marijuana community as well as from several County departments including the Office of the District Attorney, the Office of the Sheriff, the Community Development Department, County Counsel and the Health Services Department. The discussion also included-a representative of the Pacheco Municipal Advisory Council, the community which was the site of two medical marijuana dispensaries. The Task Force heard from both the operators of medical marijuana dispensaries as well as other advocates of dispensaries regarding the benefits of local access to medical marijuana and the security precautions taken at the Maricare facility in Pacheco. The Director of Community Development explained the options for addressing medical marijuana dispensaries as a land use issue. This ranged from adopting regulatory standards such as distances from sensitive receptors (e.g. schools, parks) similar to the Alcoholic Beverage Control Ordinance to amending the County Code to require that land uses be consistent with state and federal law. The latter would effectively prohibit new dispensaries from locating in the unincorporated area. The Task Force also heard from a variety of sources about the adverse impacts of these land uses on local communities and the connection to criminal activity. The representatives of the District Attorney's Office explained their perspective regarding the adverse impacts of medical marijuana dispensaries. Their office expressed the strong preference that these types of uses not be allowed in the County. The representatives from the Sheriffs Department also supported a ban on medical marijuana dispensaries citing enforcement concerns. Since the adoption of the Urgency Interim Ordinance, it appears that no new medical marijuana dispensaries have been established within the unincorporated area. The one remaining dispensary, which is located in El Sobrante, was established in a Retail-Business zoning district prior to the adoption of the moratorium. According to the Community Development Department, the sale of medical marijuana at that location is currently allowed by County zoning. The proposed recommendation would not change the site's status with respect to zoning conformance. The recommendation regarding developing a permanent prohibition on the establishment of medical marijuana dispensaries would affect any proposals for new establishments or any existing establishments that were not legally established as of the adoption of the moratorium., Should the Board agree with the Task Force's recommendations and ultimately adopt such an ordinance, the sale of medical marijuana at the Medical Marijuana Task Force Report. March 27, 2007 Page 3 El Sobrante location would be considered a "legal, non-conforming use," a use that could continue since it.was legal as of the date the zoning code requirements were changed, as long as it is not expanded or extended. ADDENDUM April 3 2007 Task Force Report of the Medical Marijuana Task Force Supervisor Piepho requested consideration of the Medical Marijuana Task Force Report be postponed to an undetermined date. Supervisor Bonilla requested that the report include report include information she had previously requested including information on how surrounding counties were handling the issue for comparison, and statistics on crime related to medical marijuana dispensaries. By unanimous vote, with Supervisor Uilkema absent, the Board took the following action: POSTPONED to an undetermined date consideration to accept report from the Medical Marijuana Task Force; and consideration to direct the Community Development Department and the County Counsel's Office to draft an ordinance for consideration by the County Planning Commission and the Board of Supervisors that would prohibit medical marijuana dispensaries from being established in the unincorporated area of the County.