County of Santa Cruzsccounty01.co.santa-cruz.ca.us/bds/Govstream/BDSvData/... · 2010. 9. 28. ·...
Transcript of County of Santa Cruzsccounty01.co.santa-cruz.ca.us/bds/Govstream/BDSvData/... · 2010. 9. 28. ·...
0327
County of Santa CruzBOARD OF SUPERVISORS
701 OCEAN STREET, SUITE 500, SANTA CRUZ, CA 95060-4069
(831) 454-2200 FAX: (831) 454-3262 TOO: (831) 454-2123
JOHN LEOPOLDFIRST DISTRICT
ELLEN PIRIESECOND DISTRICT
NEAL COONERTYTHIRD DISTRICT
TONY CAMPOSFOURTH DISTRICT
MARK W. STONEFIFTH DISTRICT
AGENDA: 9/28/10
September 22, 2010
BOARD OF SUPERVISORSCounty of Santa Cruz701 Ocean StreetSanta Cruz, CA 95060
RE: ACCESS TO ALTERNATIVE MEDICINE (S)
Dear Members of the Board:
In 1996, the voters of Santa Cruz County passed Proposition 215,the California Compassionate Use Act, by a 74% margin. Thisoverwhelming support demonstrated the resolve of our community toensure access to alternative medicine (s) that provide relief tothose suffering from illness. Santa Cruz County residents knewthe stories of patients living with cancer, AIDS, chronic painand multiple sclerosis, and the benefits they experienced usingmedical marijuana.
Since that time there has been an evolving set of regulations tofulfill the voters' wishes. In 2003, the Legislature passed andthe Governor signed Senate Bill 420 (Senator Vasconcellos) thatclarified rules for dispensaries and gave discretionary powers tolocal government to set guidelines for the establishment ofdispensaries. Later, in 2008, the State Attorney General alsocame out with a set of guidelines concerning distribution andmedical marijuana dispensaries. Thirteen other states and theDistrict of Columbia have passed compassionate use regulations.The election of President Barak Obama led to a new direction infederal drug policies. A memo from Attorney General Eric Holderspecifically articulated that U. S. Justice Department lawenforcement agencies will not pursue cases involving dispensariesoperating within local laws.
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BOARD OF SUPERVISORSSeptember 22, 2010Page 2
As these new rules and policy directions were implemented,medical marijuana dispensaries began to be more widelyestablished throughout California and across the country. Theresponses from local governments have varied, but jurisdictionshave increasingly recognized the need to establish clearguidelines for this new element in the health care system.
Since the passage of Proposition 215, regular biennial surveyshave been conducted by the California Attorney General's officeof youth in grades 7, 9 and 11. These surveys have demonstratedthat there has been no increase in usage among youth since votersapproved Proposition 215, and in fact in many years the usage ofmarijuana among youth has gone down.
While patient collectives such as the Wo/Men' s Alliance forMedical Marijuana (WAM) have existed in our community sincebefore the passage of Prop. 215, only the City of Santa Cruz hasestablished rules in our county regulating medical marijuanadispensaries. Over the last year, medical marijuana dispensarieshave opened throughout the unincorporated areas. It is time todevelop a set of reasonable regulations that modify our planningrules to cover these dispensaries in commercial areas of ourcounty. Development of an ordinance will establish clear rulesfor our Sheriff i s Office to enforce, provide planning guidancefor this new business segment, and ensure that patients of allincome levels have access to prescribed medicine.
Scope of Ordinances in California
There are 37 cities and eight counties that have some type ofregulations in place for medical marijuana dispensaries inCalifornia. Additional cities and counties have features oftheir ordinances on this November's ballot.
Cities: Albany, Angels Camp, Berkeley, Cotati, Citrus Heights,Diamond Bar, Dunsmuir, Eureka, Fort Bragg, Jackson, La Puente,Laguna Woods, Long Beach, Los Angeles, Malibu, Martinez, Oakland,Palm Springs, Placerville, Plymouth, Richmond, Ripon, Redding,Sebastopol, San Francisco, San Jose, San Mateo, Santa Barbara,Santa Cruz, Santa Rosa, Selma, South El Monte, Sutter Creek,Tulare, Visalia, West Hollywood, and Whittier
Counties: Alameda, Calaveras, Kern, Los Angeles, San LuisObispo, San Mateo, Santa Clara, and Sonoma.
To see copies of the ordinances for these jurisdictions, pleasevisit: http://ww . safeaccessnow. org/article .php?id=3165.
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BOARD OF SUPERVISORSSeptember 22, 2010Page 3
Zoning Regulations
When medical marijuana dispensaries are permitted, they commonlyinclude the following components:
· Identification of zoning districts where dispensariesare allowed
· Conditions for cultivation of cannabis· Approval process and public notification· Permi t, signage, business licensing, and tax collection
considerations
Regulatory Methods
The attached table shows the range of regulatory methods used bycommunities in California. However, the following is a briefsummary of some of the regulations in effect.
Cities
City of Santa Cruz - Allows up to two dispensaries within thecity limits. The dispensaries must be at least 600 feet apart;they can only be established within commercial zones and no lessthan 600 feet from a residentially zoned area. The city'sordinance also includes reporting requirements to assure thatdispensaries are non-profit operations. Dispensaries are allowedup to 2,000 square feet for cultivation.
Eureka - Allows up to eight dispensaries within city limits.Dispensaries are allowed in commercial districts. Personalcultivation is limited to 50 square feet, must not be seen fromthe public right of way, and results in no change fromresidential use. Each dispensary is limited to two growers.Permission to open a dispensary is determined by a procedureidentified by the city.Santa Rosa - Some limits on number of dispensaries. Not allowedwithin 500 feet of a youth-serving facility or residential zone.Restrictions on management of dispensary based on criminalrecord. Dispensary limited to 500 patients. Annual permitrequired.
Counties
San Mateo - No limit on number of dispensaries. No advertisingof marijuana is allowed. Signage is limited to site addressingonly and security requirements are detailed. No edible productsare allowed. Must be located 1,000 feet from a school,recreation center, or youth center. 44
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BOARD OF SUPERVISORSSeptember 22, 2010Page 4
San Luis Obispo - No limit on number of dispensaries. Must belocated 1,000 feet from schools, libraries, parks, and recreationcenters. Security requirements detailed. No cultivation allowedat the dispensary. Hours limited from 11:00 a.m. until 6:00 p.m.
Sonoma - No limit on number of dispensaries. Must be located atleast 1,000 feet from youth-serving facilities, shops that selldrug paraphernalia, and other dispensaries. Two levels ofpermit: Level 1 for small dispensary serving no more than 20patients; Level 2 for larger dispensary serving up to 299patients. Limits on parking, signage, and hours of use. Allemployees must be certified as medical marijuana patients.Annual permit process.
Santa Clara - No limits on number of dispensaries. Must belocated at least 1,000 feet from youth-serving facilities oranother dispensary. No retail sales of any products arepermitted at the dispensary. Delivery services are notpermitted.
Proposed Features of a Medical Marijuana Ordinance
Our community has spoken clearly in support of compassionate useof medical marijuana. Therefore, we believe it is time to moveforward with a set of reasonable guidelines that balance theongoing goals of our Board to create access to medical marijuanafor qualified patients with the need for clear regulations thatcan be enforced by our Sheriff's Office. Our county'sresponsibility should not interfere with the patient/doctorrelationship, but should focus on good planning principles thatsupport access for medical marijuana patients.
We do not support an arbitrary limit on the number ofdispensaries. A limit creates a monopoly which may not be in thebest interests of the public and may drive up prices.
The following regulation components should be included in anordinance governing the unincorporated area:
· Geographic Boundaries: Dispensaries should be allowedin every commercial district. They should not becloser than 600 feet together and at least 600 feetfrom any K-12 public or private school. Specificfindings about impacts should be required if adispensary seeks to open within 300 feet of aresidentially zoned area.
. Permit and Licensing: A use permit or enforcement feeshould be required on an annual basis. An annualreview of the permit by an appropriate body with clearrevocation procedures should be included in theordinance.44
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BOARD OF SUPERVISORSSeptember 22, 2010Page 5
· Signage: Limited signage should be allowed with nameand address and hours of operation.
· Advertising: No advertising for sale of medicineshould be allowed.
· Patient Anonymity: Dispensaries should be required touse a method of identifying qualified patients thatpreserves a patient i s anonymity.
· Security: Professional security should be provided toensure that patients are safe and that the surroundingarea is not negatively impacted. All employees shouldbe at least 21 years of age. No one should be allowedto ingest medicine on the premises.
· Good Neighbor Agreement: Dispensaries should berequired to have all members sign a "good neighbor"agreement before purchasing medicine. This agreementshould include rules such as: no smoking or ingestingof medicine outside the premises and no loitering,excessive noise or purchasing medicine for non-members.If a member is found in violation of these rules, theirmembership may be revoked.
· Access for low- income patients: We should develop amethod to ensure that low-income patients have accessto medicine that has been prescribed by their doctor.This could include a licensing fee that would provideresources for a community-based organization topurchase medicine to meet the needs of low- incomepatients.
· Identification of medicine: Medicine should be labeledas grown indoors versus outdoors and in which countythe medicine is grown. We should require that apatient's name be included on each dosage or bag ofmedicine.
· Safety of medicine: To ensure that medical marijuanais unadulterated, the dispensary should use anindependent laboratory to analyze a representativesample of dried medical marijuana and a representativesample of edible marijuana for pesticides and any otherregulated contaminants.
· Growing/Cultivation: Personal cultivation forcardholders and caregivers should be limited to 100square feet unless a patient i s medical recommendationallows for more, pursuant to State law. Enforcementprovisions should be developed.
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BOARD OF SUPERVISORSSeptember 22, 2010Page 6
· Taxes: Dispensary owners should be required to pay allapplicable taxes on sales.
Recommendations
To honor the wishes of voters of Santa Cruz County and to addressthe proliferation of medical marijuana dispensaries in thecounty, we recommend that the Board take the following actions:
1. Direct Planning, in conjunction with the InformationServices Department, to provide a map of wheredispensaries could be located given the recommendedrestrictions outlined above.
2. Direct County Counsel and Planning to draft anordinance that includes regulation as described abovein the following areas:
· Geographic Boundaries· Permi t and Licensing· Signage· Advertising· Patient Anonymity· Security· Good Neighbor Agreement· Access for Low- Income Patients
Identification of Medicine· Safety of Medicine· Growing/Cultivation· Taxes
3. Approve the attached interim ordinance, on an urgencybasis, imposing a temporary moratorium on theestablishment of medical marijuana dispensaries andproduction houses in the unincorporated area of SantaCruz County until November 10, 2010.
4. Direct staff to return to our Board with a recommendedordinance regulating medical marijuana dispensaries onor before November 9, 2010.
Sincerely,
OLD, Supervi sorDistrict
NEAL COONER Y,Third Distri
JL/NC:tedAttachments
~ Afc: Planning; County Counsel; Information Services; Sheriff~356Ml
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ispensaries permitted in C
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description of a dispensary'sL
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ultivation not permitted at
2005Industrial zones only
external appearance, includingdispensary and w
eight ofdispensary.
Must be i 000 feet from
other dispensaries,w
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schools, public parks, playgrounds, drugproposed, m
ust be included inlist ingredients, am
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recovery facilities or recreation centersthe proponent's application
cannabis, and information
required by state or localM
aximum
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ispensaries permitted only in C
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here shall be no directN
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2005professional offce zones
reference to cannabis in anyim
mature cannabis plants per
May not be w
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, including illustration, onqualified patient m
ay be cultivated
dispensary, school, public library, publicthe sign. Sign m
ust otherwise be
on the premises. If such plants are
park, or a youth-oriented establishment that
consistent with the requirem
entsm
aintained on site, they shall be
(a) advertises as catering to or providingof the C
P professional offcelocated in an indoor secured site
services primarily intended for m
inorszoning district.
acceptable to the county sheriff
that
and/or (b) the individuals who regularly
is neither visible to nor accessible by
patronize, congregate or assemble at the
the public.
establishment are predom
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The distances betw
een a dispensary and asensitive use shall be m
easured in astraight line.
KE
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Dispensaries m
ay not be located within
20061000 feet of a school
Only one dispensary m
ay be operated inthe county.
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all sign not toA
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Not perm
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Com
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exceed 10 square feet and onecontains m
arijuana must be so
rootless cuttings less than 6" inN
ot within 1000 foot radius of other
building identification sign notidentified and include a
length may be kept on-site for
dispensaries, schools, playgrounds, parks,to exceed 2 square feet.
prominent and clearly legible
distribution to qualified patients andlibraries, places of religious w
orship, childSigns m
ay not be internally orw
arning advising that thecaregivers.
care facilities or youth facilitiesexternally lit.
product contains marijuana and
is to be consumed only w
ith aphysician's recom
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2007propert.
A m
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Cultivation perm
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feet of the grounds of a school, recreationm
arijuana is allowed at any tim
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or youth centerE
xterior signage is limited to site
only for personal use. Quantity m
ay
Must not adversely affect the econom
icaddressing only.
not exceed the maxim
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welfare of the nearby com
munity or the
per patient mem
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use of any school, playground, park, youthlaw
. No individual or group m
ayfacility, child care facility, place of
cultivate marijuana for profit.
religious worship or library.
Marijuana cultivated in a licensed
Must be sufficiently buffered in relation to
collective must be secured from
any residential area in the imm
ediatepublic access, and not be visible to
vicinity so as not to adversely affect it.the public dom
ain. All cultivated
The exterior appearance of the structure
marijuana m
ust be secured in
must be com
patible with the exterior
strctures consisting of at least four
appearance of structures within the
walls and a roof, and conform
to
imm
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specified Security Standards as to
as to prevent blight or deterioration orlocks, deadbolts and additional
substantial diminishm
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propert values within the immediate area.
SAN
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Dispensaries perm
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A legible sign identifying an
On-site cultivation perm
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Industrial zones only.establishm
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must be a qualified patient or
marijuana dispensary shall be
caregiver.No closer than 1000 feet to any
other posted at the m
ain entrance. The
dispensary, schools or places of
worship.
sign shall be limited to the nam
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istance to be measured along any public
address, phone number and
road or pedestrian pathway.
hours of operation. Signs aresubject to further approval by thePlanning C
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Com
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No exterior signage or sym
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hichresidence, or w
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residential zoning district.cannabis, nor displayed on the
Not w
ithin 1000 feet of another dispensary,interior of the facility in such a
public school, park, or public/privatew
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establishment that provides services to
exterior.
persons under the age of 18.
Not w
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similar facility selling drug paraphernalia.
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No dispensary shall be located w
ithin 1000Signs shall be lim
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label its2007
feet of any other dispensary, school, childneeded for identification only.
products by stating the name of
daycare center, public library, publicSigns shall not contain any
the dispensary and the weight of
Pop: 16,444
comm
unity center, municipal park or
textual or graphic that identifies,m
arijuana. All such labels shall
(9,665/sq mi)
playground, smoke-shop w
hich sellsadvertises or lists the services
be made in ink and shall be
paraphernalia for consuming drugs or
offered. Signs shall not obstrct
physically attached to eachtobacco, or youth-oriented establishm
entthe entrance or w
indows.
container of marijuana, sealed
that (a) advertises as catering to orinside the container or
providing services primarily intended for
marijuana, or both.
minors and/or (b) the individuals w
horegularly patronize, congregate orassem
ble at the establishment are
predominantly m
inors.
Not perm
itted as an accessory use to anyother use.
The principal entry to any dispensary shall
be located within clear sight of a public
street and shall not be within 25 feet of any
residential entrance, including the principalentry of any m
ulti-unit residential building.
No m
ore than one dispensary shall beperm
itted within city lim
its at any time. A
permitted dispensary shall be lim
ited to asingle, fixed location w
ithin a building.
Outdoor C
ultivation: A collective
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No dispensary shall be located w
ithin 1000that cultivates m
edical cannabisfeet of another dispensary or a public
plants outdoors (excluding securePop: 207,000
schooL. A
ny dispensary existing at therooftops or balconies that are not
(9,823/sq mi)
time this ordinance becom
es effective may
visible from other buildings or
continue at its current location,land) or in any place that is visible
notwithstanding its violation of
the de-w
ith the naked eye from any public
concentration requirements of this section.
or private propert, can only
No m
ore than three dispensaries shall becultivate i 0 such plants at one tim
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per qualified patient up to a totalm
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Cultivation and processing facilities shall
The on-site display of cannabis
Each package of m
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ultivation by Collectives:
2010be allow
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cannabis or cannabis productP
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Agriculture, Service C
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Industrial or General Indllstrial zone
regulations prescribed in thenam
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dispensary on-site.
(2,764 sq/mi)
districts.E
ureka Municipal C
ode, shalland contact inform
ation for theT
he cultivation area shall occurD
ispensaries permitted only in Service
not be allowed unless
distributor, an identification andonly w
ithin a self-containedC
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tracking number for the specific
structure that is in compliance w
ithIndustrial or G
eneral Industrial zones.conditional use permit.
product, the species or strain ofC
alifornia Building C
ode sectionsM
obile distrbution prohibited.m
edical cannabis, the strength1203.4 N
atural Ventilation or
May not be located w
ithin 1000 feet of anyand dosage of
the cannabis, andsection 402.3 M
echanical
park, playground, day care facility, schoola statem
ent that the product hasV
entilation or its equivalent.
or similar facility.
been tested for safety and qualityT
he cultivation or processingassurance and that the testing
If within 300 feet of a residential district or
results and chain of custodyfacility shall com
ply with storm
1000 feet of any other dispensary, theinform
ation is available byw
ater, wastew
ater and otherPlanning C
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ission shall consider thecontacting the distributor.
applicable requirements of
the
cumulative im
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ity.
dispensary on the residents, businesses andC
ultivation for Personal Use: A
infrastructure in the vicinity.qualified patient shall be allow
edA
maxim
um often distribution facilities
to cultivate cannabis for their own
shall be allowed w
ithin city limits: eight
personal use in an area not toassociated w
ith permitted cultivation/
cumulatively exceed 50 square feet
processing facilities (two per facility), and
per residence. For detailed
two not associated w
ith permitted
regulations governing residencecultivation/processing facilities.
requirements, construction
materials, ventilation, electrical,
etc. standards, see Ordinance
158.010.
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edical marijuana collectives that
Any exterior or interior sign
Any m
edical marijuana provided
Only allow
s cultivation by and2010
cultivate and distribute medical m
arijuanavisible from
the exterior of theto collective m
embers shall be
distribution to qualified patient andto m
embers are not perm
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properly labeled in strictqualified m
anagement m
embers.
Pop: 492,682
residential zones.com
pliance with state and local
(9,770/sq mi)
laws.
No cultivation shall be visible w
ithM
ay not be located within 1500 feet of a
the naked eye from any public or
public or private high school, or within
other private propert, nor shall1000 feet of a public or private school or
cultivated or dried marijuana be
another medical m
arijuana collective.visible from
the building exterior.N
o cultivation shall occur unlessthe area is secured from
publicaccess by m
eans of a locked gateand any other security m
easuresnecessary to prevent unauthorizedentry.
LO
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Collective cultivation facilities shall not be
No interior ilum
ination of anyN
o collective may provide
2010located on a lot abutting, across the street
exterior signs or any interiorm
arijuana to any persons otheror alley from
, or having a comm
on comer
signs visible from the exterior
than its mem
bers who participate
Pop: 3.8 milion
with a residentially zoned lot or a lot
shall be allowed.
in the collective cultivation or(8,205/sq m
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proved with a residential use, including
marijuana at the location of
the
a mixed use residential building. T
hiscollective.
provision shall not apply to a collectivethat is also a licensed residential m
edical orN
o cultivation shall be visible fromeldercare facility.
any public or private propert, norshall cultivated or dried m
arijuanaM
ay not be located within 1000 feet of a
be visible from the building
school, public park, public library,exterior.
religious institution, youth center,substance abuse rehabilitation center or
Any area devoted to cultivation
any other medical m
arijuana collective.m
ust be secured from public access
by means of a locked gate and any
The m
aximum
number of collectives in the
other security measures necessary
City shall be capped at 70. T
he 70to prevent unauthorized entry.
collectives shall be proportionallydistrbuted based on population.
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ispensaries permitted in all com
mercial
Cultivation not addressed.
2008zones.
Distribution m
ay be only to
Shall not be located within 1 000 feet of
qualified patient and managem
entPop: 12,575
any other dispensary, any church, temple
members of
the collective.
(633/sq mi)
or other place of religious worship, or
playground, park, library, licensed day carefacility or schooL.
No m
ore than two dispensaries shall be
permitted to operate in the C
ity at anytim
e.
OA
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ispensaries must be located in a
Lim
ited to one wall sign not to
May possess no m
ore than 62004
Com
mercial or Industrial zone, or their
exceed ten square feet in aream
atue and 12 imm
ature marijuana
equivalent as may be am
ended.and one identifying sign not to
plants per qualified patient. If aP
op: 446,901N
ot within 1000 feet of another dispensary,
exceed two square feet in area.
qualified patient has a doctor's(7,298/sq m
i)a residential zone, or a school, public
Signs shall not be directlyrecom
mendation that this quantity
library, youth center serving youth 18 andillum
inated.does not m
eet the patient's medical
under, park or recreation facility unless theneeds, the patient or caregiver m
ay
City M
anager determines that the location
possess an amount of m
arijuana
will not im
pact the peace and order andconsistent w
ith the patient's needs.
welfare of the public.
PAL
MC
ollectives permitted in C
omm
ercialSignage shall be lim
ited theC
ultivation by, and distribution to,SPR
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SM
anufacturing, Service and Manufacturing
name of
business only, and noqualified patient and caregiver
2009and M
anufacturing zones.advertising of the goods and/or
mem
bers only.
May not be established, developed, or
services shall be permitted.
Pop: 43,250
operated within 500 feet of a school, public
(481/sq. mi.)
playground or park, or any residential zonepropert, child care or day care facility,youth center, or church, or w
ithin 1000 feetof any other m
edical cannabis cooperative.
Shall not be located on any propert that isoccupied w
ith a comm
ercial retail usew
here such use is the primary use on such
propert.
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SPRIN
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to any other use permitted by this zoning
Cont.
code.
No m
ore than two cooperatives or
collectives wil be allow
ed in the City.
SAN
Dispensaries not perm
itted in Residential-
Lim
ited to one wall sign not to
Any cultivation on the prem
ises ofFR
AC
ISCO
House or R
esidential-Mixed distrcts.
exceed ten square feet in areaa dispensary m
ust be conductedand one identifying sign not to
indoors.Pop (city-
Must be located at least 1000 feet from
theexceed tw
o square feet in area.county): 815,338
parcel containing the grounds of a public(17,323,1sq.m
i.)or private elem
entary or secondary schoolSigns shall not be directly
or recreation building.illum
inated.
May not be located on the sam
e parcel as aA
ny wall sign or the
facility providing substance abuse servicesidentification sign if the
that is licensed or certified by the State ofdispensary has no w
all sign shallC
alifornia or funded by the Departm
ent ofinclude the follow
ing language,Public Health.
"Only individuals w
ith legallyrecognized M
edical Cannabis
Identification cards may obtain
cannabis from a m
edicalcannabis dispensary."
The quantity of m
arijuana at theSA
N
MA
TE
O
Collectives m
ay not be operated or locatedE
xterior signage is limited to site
cultivation facility may not exceed
2009w
ithin 500 feet of the grounds of a school,addressing only.
the maxim
um quantity authorized
recreation center, or youth center.A
bsolutely no advertising ofby state law
needed by the patientsP
op: 707,161m
arijuana is allowed at any tim
e.w
ho are served by the collective(1,575/sq m
i)(no more than six mature or 12
imm
atue plants per qualifiedpatient).
All cultivated m
arijuana must be
secured in strctures consisting of
at least four walls and a roof, and
conform to specified security
standards, as to locks, deadbolts ..~and additional security m
easures.II~
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Dispensaries m
ay be located only onSigns shall com
ply with the
Only cultivation by, and
BA
RA
Rparcels w
hich are zoned for comm
ercialC
ity's Sign Ordinance and be
distribution to, members of
the
2010uses and on those street block faces listed
limited to that needed for
collective or another collective inas allow
ed locations in the exhibit to thisidentification only, consisting of
Santa Barbara C
ity.Pop: 89,456
Chapter.
a single window
sign or wall
No cultivation of m
edical(4,865/sq. m
i)sign that shall not exceed six
marijuana at any property w
hereShall be located only in a visible storefront
square feet in area or 10 percentthe m
arijuana wil be visible w
ithtype ground-floor location w
hich providesof the w
indow area, w
hichever isthe un-aided eye from
any publicgood public view
s of the dispensaryless.
or private propert, nor shallentrances and w
indows from
a publiccultivated m
arijuana or driedstreet.
marijuana be visible from
the
Shall not be allowed w
ithin 1000 feet ofbuilding exterior of
the property.
No cultivation shall occur unless
another dispensary.
the area devoted to cultivation is
The city m
ay not issue more than three
secured from public access by
dispensary permits. N
o more than one
means of a locked gate and any
dispensary may operate in each designated
other security measures necessary
area of
the City.
to prevent unauthorized entry.
SAN
TA
CR
UZ
Provider Association D
ispensaries allowed
Signs shall be limited to one
Dispensaries m
ay possess no more
2010in C
omm
unity Com
mercial, T
horoughfarew
all sign not to exceed twenty
plants per qualified mem
ber patientC
omm
ercial, and General Industrial
square feet in area, and oneor caregiver than perm
itted in strictP
op: 253,137D
istricts.identifying sign not to exceed
accordance with State L
aw.
(569/sq.mi).
Shall not be located within 600 feet of any
two square feet in area.
residential zone district, any other medical
Signs shall not be directlyT
he area within the dispensary
marijuana dispensary, any public or private
illuminated.
used for cultivation of marijuana
education establishment serving persons
shall be limited to no m
ore thanunder the age of 18 years, a public park
3,000 square feet of AD
Aw
ith a children's playground, an alcohol orcom
pliant floor space.other drug abuse recovery or treatm
entfacility, or any com
munity care residential
facility providing mental health/social
rehabilitation services.
The planning com
mission or the city
counsel on appeal may grant an exception
to the 600 foot distance requirements,
except in the case of
proximity to public
~~
6
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,education uses, only if findings are m
adeC
ont.that the general public benefit w
ouldoutw
eigh concerns regarding intensity ofuse, land use com
patibility and publichealth and safety.
If the proposed location is w
ithin 50 feet ofany legal dw
elling unit or other residentialuse, the applicant shall be required todem
onstrate it will not create an intensity
of use incom
patible with residential use,
and employ security m
easures to preventadverse effects on safety and security ofresidential uses.
Shall not be located in what has been
determined by the Santa C
ruz policedepartent to be a high-crime area, where
a disproportionate number of police service
calls occur, or where there is currently
parking congestion.
Shall be limited to no ore than tw
odispensaries operating w
ith the City of
Santa Cruz.
SAN
TA
R
OSA
D
ispensaries may be located only w
ithinSigns shall not obstruct the
No cannabis shall be cultivated on
2005com
mercial and industrial designated
entrance or window
s. Business
the premises of the dispensary,
areas, except that a dispensary may not be
signage shall be limited to that
except in compliance w
ith Health
Pop: 161,496
located within the D
owntow
n Com
mercial
needed for identification only,and Safety C
ode 11362.5 et seq.(3,843/sq.m
i).zoning district.
consisting of a single window
sign or wall sign that shall not
Shall be in a highly visible location thatexceed 6 square feet in area or
"
provides good views of the dispensary
i 0% of the w
indow area,
entrance, window
s and premises from
thew
hichever is less.public street
Signs shall comply w
ith allShall not be allow
ed within 500 feet of a
ordinances and not contain anyyouth-oriented facility, a school, a sm
oke-logos or inform
ation thatshop w
hich sells paraphernalia foridentifies, advertises or lists the
l~consum
ing drug or tobacco products;services offered.
another dispensary; or within any
..7
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TA
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OSA
, residential zoned parcel or prim
ary landC
ont.use, or any property w
ith a residentialG
eneral Plan land use designation. Awaiver may be granted if
the City M
anagerdeterm
ines that a physical barrier or similar
condition exists which achieves the sam
epurpose and intent as the distanceseparation requirem
ents established herein.
SEB
AST
OPO
LD
ispensaries may only be located w
ithinB
usiness signs shall be limited to
No cannabis shall be cultivated on
2007com
mercial and industrial zones.
that needed for identificationthe prem
ises of the dispensaryonly, consisting of a single
except for up to 30 imm
aturePop: 7,774
May not be w
ithin any residential zonedw
indow sign or w
all sign thatnursery stock cannabis plants.
(4,092/sq mi)
parcel or primary land use, or any propert
shall not exceed six square feetw
ith an underlying residential or mobile
in are or 10 percent ofthehom
es general plan land use designation;w
indow area, w
hichever is less.or on a parcel having a residential unit, or
Signs shall not contain any logoson a parcel directly abutting a residentially-
or information that identifies,
zoned propert unless there are interveningadvertises or lists the services
non-residential uses between the
offered.dispensary and the residential unit or theresidentially-zoned propert that thePlanning C
omm
ission determines
suffcient to provide an appropriate
separation. A waiver may be granted if
the
Planning C
omm
ission determnes that a
physical barrier or similar condition exists
which achieves the sam
e purpose andintent as the distance separationrequirem
ents established herein.
May not be located w
ithin 500 feet of ayouth-oriented facility, a school, a parkexcept for the L
aguna Wetlands Preserve
and the Tow
n Plaza, or a smoke shop
which sells paraphernalia for consum
ingdrug or alcohol products.
Shall be in a visible location that providesgood view
s of the dispensary entrance,w
indows and prem
ises from a public street.
8
0344
ORDINANCE NO.
AN UNCODIFIED INTERIM ORDINANCE OF THE COUNTY OF SANTACRUZ IMPOSING A TEMPORARY MORATORIUM ON THE
ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES ANDPRODUCTION HOUSES IN THE UNINCORPORATED AREA OF SANTA
CRUZ COUNTY AND DECLARING THE URGENCY THEREOF
The Board of Supervisors of the County of Santa Cruz find as follows:
WHEREAS, in 1996 the voters of the State of Californa approvedProposition 215, which was codified as Health and Safety Code Section 11362.5,et seq. and entitled the Compassionate Use Act of 1996 ("the Act"); and
WHEREAS, the intent of Proposition 215 was to enable persons who arein need of marijuana for medical purposes to obtain and use it under limited,specific circumstances; and
WHEREAS, on January 1, 2004, Senate Bil 420 became effective toclarify the scope of the Act and to allow cities and counties to adopt and enforcerules and regulations consistent with SB 420 and the Act; and
WHEREAS, in February 2009 the U.S. Attorney General stated thatfederal law enforcement officials would cease enforcement at Californa medicalmarijuana facilities; and
WHEREAS, County staff has received inquires from members of thepublic as to the possibility of establishing medical marijuana dispensaries andproduction houses in the unincorporated area of the County of Santa Cruz; and
WHEREAS, County staff is aware that there are currently several medicalmarijuana dispensaries and/or production houses in the unincorporated area of theCounty of Santa Cruz operating without any land use permits; and
WHEREAS, concerns have been raised in the community regarding theneed for regulations to address impacts including, but, not limited to, safety andthe impact a proliferation and/or over concentration of medical marijuanadispensaries and production houses may have on the community as a whole; and
WHEREAS, many County residents seek access to medical marijuanaprovided that the facilties are designed and located to minimize the concernsdescribed above; and
44 1
0345
WHEREAS, the County of Santa Cruz must study and analyze theconcerns of such potential proliferation of said uses on public health, safety andwelfare of the community and if such proliferation and/or over concentrationmight be in conflct with current or proposed General Plan policies; and
WHEREAS, there is no feasible alternative to satisfactorily study thepotential impact identified above as well or better with a less burdensome orrestrictive effect than the adoption of this interim urgency moratorium ordinance;and
WHEREAS, based on the foregoing it is in the best interest of publichealth, safety and welfare to allow adequate study of the impacts resulting fromproliferation and/or over concentration of medical marijuana dispensaries andproduction houses and the consideration of the development of regulations tomitigate any such impacts; therefore it is appropriate to adopt a moratorium onmedical marijuana dispensaries and production houses consistent with theauthority granted by Governent Code Section 65858.
NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors ofthe County of Santa Cru as follows:
SECTION I
In accordance with Governent Code Section 65858, from and after thedate of this Ordinance, a moratorium against the establishment of any medicalmarijuana dispensares or production houses anywhere withn the unncorporatedarea of the County of Santa Cru is hereby enacted for a period of 45 days pendingfurter study by County staff and development of appropriate regulations.
SECTION II
This interim ordinance is necessary in that there is a current and immediatetheat to the public health, safety, or welfare from the unegulated operation ofmedical marijuana dispensares and/or production houses that are presently inoperation or that may thereafter begin operation; and that the approval of usepermts, building permts, or any other applicable entitlement for medicalmarijuana dispensaries and production houses which are required in order tocomply with a zoning ordinance would appropriately address that theat to publichealth, safety, or welfare as discussed above.
2 44
o ~~46
SECTION III
This interim ordinance is not subject to the California Environmental
Quality Act (CEQA) pursuant to Section 15060(c) (2) - the activity wil not resultin a direct or reasonably foreseeable indirect physical change in the environmentand Section 15060(c) (3) - the activity is not a project as defined in Section 15378of the CEQA Guidelines, because it has no potential for resulting in physicalchange to the environment, directly or indirectly.
SECTION IV
Effective Date. This ordinance shall take effect immediately based on thefindings by the Board of Supervisors that this ordinance is adopted consistent withGovernent Code Section 65858, and is necessary for the protection of the publichealth, safety, and general welfare. Pursuant to Governent Code Section 65858,this ordinance shall be in full force and effect for 45 days from the date of itsadoption by the Board of Supervisors, unless, following a public hearing noticedpursuant to Governent Code Section 65090 and four-fifts vote of its members,the Board of Supervisors extends the interim ordinance in accordance with theprovisions of Governent Code Section 65858.
PASSED AND ADOPTED THIS day of , 2010, bythe Board of Supervisors of the County of Santa Cru by the following vote:
AYES:NOES:ABSENT:ABSTAIN:
SUPERVISORSSUPERVISORSSUPERVISORSSUPERVISORS
Chairperson of the Board of Supervisors
Attest:Clerk of the Board
~VEDAS T~RM:C /-0('~
County Counsel
Distribution: County Administrative Officer
Planng Department
County Sheriff
4.4 3