CITY COUNCIL: Ordinance Amending Zoning Ordinance/Local Coastal Implement Plan to Ban Medical Marijuana Dispensaries

Meeting Date: 6 April 2010
Prepared by: Sean Conroy, Plng & Bldg Services Manager

City Council
Agenda Item Summary

Name: Consideration of an Ordinance amending the Zoning Ordinance/Local Coastal Implementation Plan to ban medical marijuana dispensaries in the City of Carmel-by-the- Sea (2nd reading).

Description: The proposed Ordinance would ban medical marijuana dispensaries within the City of Carmel-by-the-Sea.

Overall Cost:
City Funds: N/A
Grant Funds: N/A

Staff Recommendation: Adopt the Ordinance (2nd reading).

Important Considerations: Federal law recognizes marijuana as a controlled substance and does not permit its use, even for medical purposes. Allowing medical marijuana dispensaries in the City would be in violation of Federal law.

The City’s General Plan encourages uses that are compatible with the village character, and which preserve its economic integrity. Medical marijuana dispensaries could potentially create negative impacts to the character and economic integrity of the City and be inconsistent with the General Plan.

Decision Record: The Planning Commission recommended adoption of the attached Ordinance on 10 February 2010. The City Council adopted the first reading of the Ordinance on 2 March 2010.

Reviewed by:

__________________________ _____________________
Rich Guillen, City Administrator Date

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
ORDINANCE 2010-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AMENDING
THE ZONING ORDINANCE/LOCAL COASTAL IMPLEMENTATION PLAN TO BAN MEDICAL MARIJUANA DISPENSARIES IN THE CITY OF CARMEL-BY-THE-SEA

WHEREAS, the Compassionate Use Act was approved by California voters in 1996 legalizing the use of marijuana for specific medical purposes; and
WHEREAS, the Compassionate Use Act is codified in Health and Safety Code Section 11362.5; and

WHEREAS, the State of California adopted SB 420, which provides guidance to local jurisdictions on the implementation of the Compassionate Use Act; and

WHEREAS, neither the Compassionate Use Act nor SB 420 requires jurisdictions to allow medical marijuana dispensaries in their communities; and

WHEREAS, the Supreme Court determined in 2005 (Gonzales v. Raich) that Congress’ constitutional authority to regulate the interstate market in drugs extends to doctor-recommended marijuana; and

WHEREAS, based on the Supreme Court’s decision, those who dispense or use
marijuana, even for medical purposes, are at risk of action by federal agencies; and

WHEREAS, the City will not authorize a commercial use that conflicts with federal law; and

WHEREAS, the City has adopted a General Plan and Municipal Code that strive to protect the village character through clear policies and regulations; and

WHEREAS, the General Plan encourages commercial uses that maintain the economic integrity and character of the City; and

WHEREAS, medical marijuana dispensaries could result in detrimental impacts on City residents, business owners and visitors and are inconsistent with the General Plan; and

WHEREAS, this ordinance is an amendment to sections 17.14.040 and 17.68.040 of the City’s Zoning Ordinance/Local Coastal Implementation Plan and requires certification by the California Coastal Commission; and

WHEREAS, the City Council approved the first reading the ordinance on 2 March 2010; and

WHEREAS, this ordinance will be carried out in a manner consistent with the California Coastal Act.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA does hereby resolve to:

Amend Municipal Code Sections 17.14.040 and 17.68.040 (exhibit “A”) banning medical marijuana dispensaries in the City of Carmel-by-the-Sea.
Severability. If any part of this ordinance, even as small as a word or phrase, is found to be
unenforceable such finding shall not affect the enforceability of any other part.
Effective Date. This ordinance shall become effective 30 days after final adoption by the City
Council or the California Coastal Commission, whichever occurs last.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMELBY-
THE-SEA this 6th day of April 2010 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
SIGNED,
________________________
SUE McCLOUD, MAYOR
ATTEST:
_________________________________
Heidi Burch, City Clerk
53
Exhibit “A”
Proposed changes shown in underline
CMC 17.14.040 Additional Use Regulations.
A. All Uses.
1. No new structure or modification to an existing structure shall be permitted nor
shall any business license be issued that would allow the creation of publicly accessible
retail space occupying fewer than 200 square feet or more than 5,000 square feet unless
approved through a use permit and pursuant to the adoption of findings per CMC17.64.200,
Retail Space of Less Than 200 Square Feet or Greater Than 5,000 Square Feet.
2. No timeshare projects, programs or occupancies shall be established or permitted
in any zone.
3. Except in restaurants, not more than five persons in any one individually licensed
business shall be engaged in the production, repair or manufacturing of goods.
4. No use shall be permitted and no process, equipment or materials shall be
employed which is found by the Planning Director or by the Planning Commission to be
objectionable to persons residing or working in the vicinity by reason of odor, fumes, noise,
vibration, illumination, glare, unsightliness, dust, cinders, dirt, refuse, water-carried wastes
or heavy truck traffic, or involve any hazard of fire or explosion.
5. Medical Marijuana Dispensaries are prohibited and no person shall operate or
permit to be operated a medical marijuana dispensary in or upon any premises in all zones
within the City.
CMC 17.68.040 (definitions) Public, Semipublic, and Service Use Classifications.
Medical Marijuana Dispensary. Any facility, clinic, cooperative, club or location,
whether fixed or mobile where medical marijuana is made available to, distributed by, or
distributed to a qualified patient and/or a primary caregiver as defined in California Health and
Safety Code section 11362.5.