Interim Urgency Ordinance Cultivation & Dispensing of Medical Marijuana

Board of Supervisors June 21, 2011

Todays Board Item

Purpose and Intent Background Provisions of the of Interim Urgency Ordinance of the Sacramento County Zoning Code 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

Proposed Approach
Allow and regulate cultivation in specified zones only 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:
Business License Code Enforcement County Counsel District Attorney Planning Sheriff

This is interim to preparation of a permanent ordinance

Background g on adoption p of an Interim Urgency Ordinance

Adoption requires a 4/5ths vote In 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 days Again for one year

Ordinance Overview
Regulates Cultivation Regulates g Dispensaries p and Collectives

Cultivation
Outdoor cultivation prohibited Indoor cultivation allowed with limitations

Cultivation - Overview
Residential zones & agricultural-residential zones Within a primary residence Within a legal residential accessory dwelling
O Only l if primary i residence id of f patient ti t or caregiver i otherwise treated as an accessory structure

Within accessory structures with limitations

e.g. garages, sheds, greenhouses

Limited number of plants Must meet operational standards including registration

Cultivation Limitations for cultivation within Accessory Structures

< 20 acres requires 100-foot 100 foot setbacks (will limit to very large residential properties) 20-160 20 160 acres requires 300-foot 300 foot setbacks 160 acres + requires 1,000-foot setbacks Not allowed within 600-feet 600 feet of school school, school bus stop stop, school evacuation site, church, park, child care center or youth youth-oriented oriented facility Operational standards including fencing, location, control of odors

Cultivation - Limit to Number of Plants

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

Cultivation Operational p Standards

Register premises with Dept. Dept of Building & Code Enforcement Must have parcel owner consent to cultivation Located in a fully enclosed & secure structure To prevent grow grow-houses houses residence must maintain a kitchen, bathroom & primary bedroom not used for cultivation

Cultivation Other considerations

Non-conforming provisions
Potential for existing outdoor cultivation to be considered id d a non-conforming f i use Determined based on circumstances and interpretation of the zoning code provisions Intent of Zoning Codes non-conforming provisions is to allow the amortization of investments over a 5 5-year year period, but there are limitations

Dispensaries p - Overview
Limited to certain zoning categories Requires a use permit from the Board of Supervisors Consistent C i t t with ith certain t i operating ti conditions diti

Dispensaries p Permitted Locations

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

Not allowed within 300 feet of a residentially or agricultural-residentially zoned properties Not allowed on parcel within 1 1,000 000 feet of a school, school school bus stop, school evacuation site, church, park, child care center or y youth-oriented facility y

Dispensaries Operating Conditions

Section 345-10 Pages 9 - 11

1. May y not g grow or cultivate 2. Visible store-front location 3. 1,000 feet from sensitive uses (measured from primary entrance to nearest property line) p y ( (and others) ) may y not have conviction of 4. Employees violent felony or for violation of this Chapter 5. Employees (and others) min 18 years of age 6. Only primary caregiver or qualified patient in dispensing area

Dispensaries Operating Conditions

Section 345-10 Pages 9 - 11

7. Valid p physicians y recommendation 8. Dispensary verification that person is qualified patient 9. No physician allowed on-site p on-site 10. No use or consumption 11. Posting of notices of no consumption 12. No drug paraphernalia 13. Separate area for dispensing 14 Adequate security 14.

Dispensaries Operating Conditions (cont.) (cont )

15. No signs that obstruct entrance or windows 15 16. Maintain certain records and confidentiality of records 17. Submit annual financial audit to County 18 Monthly summary of activity to County 18. 19. Confidentiality of records 20 Clear 20. Cl sidewalks id lk & parking ki llots t of ft trash h 21. Remove graffiti 22. No display of marijuana can be viewed from outside

Dispensaries Operating Conditions (cont.) (cont )

23. 23 24. 25 25. 26. Hours limited to 7 a.m. a m to 7 p.m. pm Manager or owner present at all times P hibit loitering Prohibit l it i Limited to dispensing to individual no more than twice per day 27. Transactions must occur on the premises (no off-site delivery) 28. No beverages, food or food products

Dispensaries Other considerations

Variances Relationship to enforcement actions and internal procedures
Suspend enforcement if pending compliance on site in compliance li with ith provisions i i Continue enforcement if site is not in compliance

Information Meeting
July 14, 2011 informational presentation given Many advocates for medical marijuana and some interested citizens Announcement sent primarily to interested parties that had contacted County staff

Information Meeting Sampling of Comments

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

Process for Adoption p

June 21 21, 2011 Urgency Ordinance at Board of Supervisors July 27, 2011 Re-adopt Re adopt Urgency Ordinance Adopt Business License Ordinance Up to two years to develop and adopt a permanent change to the Zoning Code

Community Planning Advisory Councils Informational Presentations June 15: Delta J June 22 22: C Cosumnes & Rio Linda-Elverta June 28: North Highlands July 5: July 6: Orangevale Vineyard Fair Oaks & South Sacramento July 7: J l 12 Jul 12: July 13: July 14: July 20: July 21: Antelope A d Arcade Arden A d Natomas Southeast Carmichael Cordova

Subject to change please verify on individual CPAC agendas

Staff Recommendations
Adopt the Interim Urgency Ordinance as provided in Attachment 1 to the Board report Continue the item to July 27th for subsequent readoption upon appropriate noticing

Opportunity for Questions and Answers