Interim Urgency OrdinanceCultivation & Dispensing of

Medical MarijuanaMedical MarijuanaBoard of Supervisors

June 21, 2011

Today’s Board Item• Purpose and Intent

• Background

• Provisions of the of Interim Urgency Ordinance of the Provisions of the of Interim Urgency Ordinance of the Sacramento County Zoning Code

• Request adoption• Request adoption

• Follow-up

• Timeline for subsequent re-adoption & subsequent related Business License Ordinance

Purpose and Intent• Current County Approach

• Current dispensaries are not permitted• Current dispensaries are not permitted

• Proposed Approach• Proposed Approach• Allow and regulate cultivation in specified zones only

by qualified patients/caregivers and with a variety of by qualified patients/caregivers and with a variety of limitations

• Allow and regulate dispensing of medical marijuana in specified zones and with variety of limitations including obtaining a discretionary use permit from the Board

Background• Interim Urgency Ordinance prepared by County Staff

including representatives from:including representatives from:• Business License• Code Enforcement• Code Enforcement• County Counsel• District Attorney• District Attorney• Planning• SheriffSheriff

• This is interim to preparation of a permanent ordinanceordinance

Background on adoption of an g pInterim Urgency Ordinance

• Adoption requires a 4/5ths vote

• In effect immediately and remains in effect for 45 daysIn effect immediately and remains in effect for 45 days

• Can be re-adopted within 45 days with noticing

• Board could extend 2 more times

• For 10 months and 15 daysFor 10 months and 15 days

• Again for one year

Ordinance Overview

• Regulates Cultivation

• Regulates Dispensaries and Collectivesg p

Cultivation• Outdoor cultivation prohibited

• Indoor cultivation allowed with limitations

Cultivation - Overview• Residential zones & agricultural-residential zones• Within a primary residence• Within a primary residence• Within a legal residential accessory dwelling

O l if i id f ti t i • Only if primary residence of patient or caregiver otherwise treated as an accessory structure

• Within accessory structures with limitations• Within accessory structures with limitations• e.g. garages, sheds, greenhouses

• Limited number of plants• Limited number of plants• Must meet operational standards including registration

Cultivation –Limitations for cultivation withinLimitations for cultivation within

Accessory Structures• < 20 acres requires 100 foot setbacks (will limit to • < 20 acres requires 100-foot setbacks (will limit to

very large residential properties)• 20 160 acres requires 300 foot setbacks• 20-160 acres requires 300-foot setbacks• 160 acres + requires 1,000-foot setbacks

Not allowed within 600 feet of school school bus stop • Not allowed within 600-feet of school, school bus stop, school evacuation site, church, park, child care center or youth-oriented facilityor youth oriented facility

• Operational standards including fencing, location, control of odorscontrol of odors

Cultivation - Limit to Number of PlantsMaximum of 12 mature plants

ororMaximum of 24 immature plants

orIf both mature and immature plants, no more than 24 total plants of which no more than 12 plants may be total plants of which no more than 12 plants may be mature

Cultivation – Operational Standardsp

• Register premises with Dept of Building & Code • Register premises with Dept. of Building & Code Enforcement

• Must have parcel owner consent to cultivation• Must have parcel owner consent to cultivation• Located in a fully enclosed & secure structure

To prevent “grow houses” residence must maintain a • To prevent grow-houses residence must maintain a kitchen, bathroom & primary bedroom not used for cultivationcultivation

Cultivation –Other considerationsOther considerations

• Non-conforming provisions• Potential for existing outdoor cultivation to be

id d f i considered a non-conforming use• Determined based on circumstances and interpretation

of the zoning code provisionsof the zoning code provisions• Intent of Zoning Code’s non-conforming provisions is

to allow the amortization of investments over a 5-year to allow the amortization of investments over a 5 year period, but there are limitations

Dispensaries - Overviewp

• Limited to certain zoning categories• Limited to certain zoning categories• Requires a use permit from the Board of Supervisors

C i t t ith t i ti diti• Consistent with certain operating conditions

Dispensaries – Permitted Locationsp

• Allowed on certain properties in the following zones• Allowed on certain properties in the following zones• Limited Commercial (LC) or in SPA (LC)• General Commercial (GC) or in SPA (GC)• General Commercial (GC) or in SPA (GC)• Light Industrial (M-1) or SPA (M-1)

• Not allowed within 300 feet of a residentially or • Not allowed within 300 feet of a residentially or agricultural-residentially zoned properties

• Not allowed on parcel within 1 000 feet of a school • Not allowed on parcel within 1,000 feet of a school, school bus stop, school evacuation site, church, park, child care center or youth-oriented facilityy y

Dispensaries –Operating Conditions

Section 345-10Pages 9 - 11Operating Conditions

1. May not grow or cultivate

Pages 9 11

y g2. Visible store-front location3. 1,000 feet from sensitive uses (measured from 3. 1,000 feet from sensitive uses (measured from

primary entrance to nearest property line)4. Employees (and others) may not have conviction of p y ( ) y

violent felony or for violation of this Chapter 5. Employees (and others) min 18 years of age6. Only primary caregiver or qualified patient in

dispensing area

Dispensaries –Operating Conditions

Section 345-10Pages 9 - 11Operating Conditions

7. Valid physician’s recommendation

Pages 9 11

p y8. Dispensary verification that person is qualified

patient9. No physician allowed on-site10. No use or consumption on-sitep11. Posting of notices of no consumption12. No drug paraphernalia12. No drug paraphernalia13. Separate area for dispensing14 Adequate security14. Adequate security

Dispensaries –Operating Conditions (cont )Operating Conditions (cont.)

15 No signs that obstruct entrance or windows15. No signs that obstruct entrance or windows16. Maintain certain records and confidentiality of

recordsrecords17. Submit annual financial audit to County18 Monthly summary of activity to County18. Monthly summary of activity to County19. Confidentiality of records20 Cl id lk & ki l t f t h20. Clear sidewalks & parking lots of trash21. Remove graffiti22. No display of marijuana can be viewed from outside

Dispensaries –Operating Conditions (cont )Operating Conditions (cont.)

23 Hours limited to 7 a m to 7 p m23. Hours limited to 7 a.m. to 7 p.m.24. Manager or owner present at all times25 P hibit l it i25. Prohibit loitering26. Limited to dispensing to individual no more than

twice per daytwice per day27. Transactions must occur on the premises (no off-site

delivery)delivery)28. No beverages, food or food products

Dispensaries –Other considerationsOther considerations

• Variances• Relationship to enforcement actions and internal

procedures• Suspend enforcement if pending compliance on site in

li ith i icompliance with provisions• Continue enforcement if site is not in compliance

Information Meeting• July 14, 2011 – informational presentation given• Many advocates for medical marijuana and some • Many advocates for medical marijuana and some

interested citizens• Announcement sent primarily to interested parties that • Announcement sent primarily to interested parties that

had contacted County staff

Information Meeting –Sampling of Comments

• Reference to setbacks from churchesReference to setbacks from churches• Opportunity to apply for variances• Concern about outdoor cultivation banConcern about outdoor cultivation ban• Ban on consuming edibles• Access to dispensaries including non auto• Access to dispensaries including non-auto• Concern about overconcentration of dispensaries

Process for Adoptionp

June 21 2011June 21, 2011Urgency Ordinance at Board of Supervisors

July 27, 2011Re adopt Urgency Ordinance• Re-adopt Urgency Ordinance

• Adopt Business License Ordinance

Up to two years to develop and adopt a permanent change to the Zoning Codechange to the Zoning Code

Community Planning Advisory CouncilsInformational PresentationsInformational Presentations

June 15: DeltaJ 22 C &

July 7: AntelopeJ l 12 A d A dJune 22: Cosumnes &

Rio Linda-ElvertaJul 12: Arden ArcadeJuly 13: Natomas

June 28: North HighlandsJuly 5: Orangevale

July 14: SoutheastJuly 20: Carmichael

VineyardJuly 6: Fair Oaks &

July 20: CarmichaelJuly 21: Cordova

South Sacramento

Subject to change – please verify on individual CPAC agendas

Staff Recommendations

• Adopt the Interim Urgency Ordinance as provided in • Adopt the Interim Urgency Ordinance as provided in Attachment 1 to the Board report

• Continue the item to July 27th for subsequent re-adoption upon appropriate noticingadoption upon appropriate noticing

Opportunity for Questions and AnswersOpportunity for Questions and Answers