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

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aintained on site, they shall be

(a) advertises as catering to or providingof the C

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services primarily intended for m

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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

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Only one dispensary m

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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

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care facilities or youth facilitiesexternally lit.

product contains marijuana and

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use of any school, playground, park, youthlaw

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cultivate marijuana for profit.

religious worship or library.

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Must be sufficiently buffered in relation to

collective must be secured from

any residential area in the imm

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vicinity so as not to adversely affect it.the public dom

ain. All cultivated

The exterior appearance of the structure

marijuana m

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must be com

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strctures consisting of at least four

appearance of structures within the

walls and a roof, and conform

to

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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

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dispensary, schools or places of

worship.

sign shall be limited to the nam

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residential zoning district.cannabis, nor displayed on the

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public school, park, or public/privatew

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establishment that provides services to

exterior.

persons under the age of 18.

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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

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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

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Not perm

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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.

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ore than one dispensary shall beperm

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permitted dispensary shall be lim

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plants outdoors (excluding securePop: 207,000

schooL. A

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(9,823/sq mi)

time this ordinance becom

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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

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or private propert, can only

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2010be allow

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dispensary on-site.

(2,764 sq/mi)

districts.E

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park, playground, day care facility, schoola statem

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or similar facility.

been tested for safety and qualityT

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If within 300 feet of a residential district or

results and chain of custodyfacility shall com

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1000 feet of any other dispensary, theinform

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the

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dispensary on the residents, businesses andC

ultivation for Personal Use: A

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maxim

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to cultivate cannabis for their own

shall be allowed w

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personal use in an area not toassociated w

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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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cultivate and distribute medical m

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distribution to qualified patient andto m

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Pop: 492,682

residential zones.com

pliance with state and local

(9,770/sq mi)

laws.

No cultivation shall be visible w

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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

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arijuana collective.visible from

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Collective cultivation facilities shall not be

No interior ilum

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2010located on a lot abutting, across the street

exterior signs or any interiorm

arijuana to any persons otheror alley from

, or having a comm

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signs visible from the exterior

than its mem

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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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Cultivation not addressed.

2008zones.

Distribution m

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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.

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ore than two dispensaries shall be

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ispensaries must be located in a

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exceed ten square feet in aream

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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

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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.

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ollectives permitted in C

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ultivation by, and distribution to,SPR

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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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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

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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

~~

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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

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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