HomeMy WebLinkAboutPC Meeting 04-21-11 (Reso 2705-2011) - Medical Marijuana PC Resolution RESOLUTION NO. 2705-2011
PLANNING COMMISSION, CITY OF SOUTH SAN FRANCISCO
STATE OF CALIFORNIA
A RESOLUTION RECOMMENDING APPROVAL OF A
COMPETITIVE APPLICATION PROCESS TO BE
INCLUDED AS PART OF DRAFT CHAPTER 20.410,
“MEDICAL MARIJUANA REGULATIONS,” OF THE SOUTH
SAN FRANCSICO MUNICIPAL CODE
WHEREAS, the City of South San Francisco (“City”) currently has a lawfully adopted
moratorium on the issuance of use permits and building permits for medical marijuana facilities;
and,
WHEREAS, on March 18, 2010 the Planning Commission made a recommendation to
the City Council to approve the Citywide Zoning Ordinance Update, including draft Medical
Marijuana Regulations; and,
WHEREAS, the City Council has considered the draft Medical Marijuana Regulations at
length at public hearings, on April 28, 2010, May 26, 2010, and most recently, on January 12,
2011; and,
WHEREAS, the City Council has directed the Planning Commission to consider and
make a recommendation on including a “competitive application process” as part of the Medical
Marijuana Regulations, which would facilitate the selection of a “preferred applicant” for a
Medical Marijuana Collective use permit; and,
WHEREAS, the Medical Marijuana Regulations previously considered by the Planning
Commission have been revised consistent with the City’s direction and to include a proposed
competitive application process; and,
WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”) the Initial
Study/Negative Declaration for the Citywide Zoning Ordinance Update analyzed the
environmental impacts of the Zoning Ordinance Update, including revised Medical Marijuana
Regulations, and subsequent revisions to the Regulations, including the competitive application
process, are minor in nature and require no further CEQA review.
NOW, THEREFORE, BE IT RESOLVED by the South San Francisco Planning
Commission as follows:
SECTION 1 FINDINGS.
Based on the entirety of the record before it, which includes without limitation, CEQA
and the CEQA Guidelines, 14 California Code of Regulations § 15000, et seq.; the South San
Francisco General Plan and General Plan EIR; the South San Francisco General Plan Update and
General Plan Update EIR; the South San Francisco Municipal Code, including the
comprehensive Zoning Ordinance Update; all reports, minutes, and public testimony submitted
as part of the Planning Commission's duly noticed meetings on March 18, 2010, and April 21,
2011; all reports, minutes, and public testimony submitted as part of the City Council's duly
noticed meetings on April 28, 2010, May 26, 2010, and January 12, 2011; and any other
evidence (within the meaning of Public Resources Code §21080(e) and §21082.2) (“Record”),
the City of South San Francisco Planning Commission hereby finds as follows:
I. General Findings
1. The foregoing Recitals are true and correct and made a part of this Ordinance.
2. The proposed competitive application process of the Medical Marijuana Regulations
(attached as Exhibit A) is incorporated by reference and made a part of this Resolution, as if set
forth fully herein.
3. The documents and other material constituting the record for these proceedings are
located at the Planning Division for the City of South San Francisco, 315 Maple Avenue, South
San Francisco, CA 94080, and in the custody of Chief Planner, Susy Kalkin.
4. The City Council, exercising its independent judgment and analysis, adopted an Initial
Study/Negative Declaration for the comprehensive Zoning Ordinance Update, including the
Medical Marijuana Regulations, and subsequent revisions to the Regulations, including the
competitive application process, are minor in nature and require no further CEQA review.
II. Zoning Amendments
1. As required under State law, the South San Francisco General Plan, and the South San
Francisco Municipal Code, in support of the revisions to the Medical Marijuana Regulations to
include a competitive application process (ZA11-0002), the Planning Commission finds as
follows:
a. The proposed revisions to the Medical Marijuana Regulations are consistent and
compatible with all elements in the City of South San Francisco General Plan.
b. The proposed revisions to the Medical Marijuana Regulations will not be
detrimental to the public interest, health, safety, convenience, or welfare of the City, because the
revisions propose a competitive application process that will allow for the screening of
applicants, and selection of a preferred applicant that is able to meet the operational an security
requirements required of medical marijuana collectives.
SECTION 2 RECCOMENDATIONS
BE IT FURTHER RESOLVED that the South San Francisco Planning Commission
hereby recommends that the City Council include the revisions to the Medical Marijuana
Regulations, including the competitive application provisions contained in Exhibit A as part of
the City’s draft Chapter 20.410.
BE IT FURTHER RESOLVED that the Resolution shall become effective immediately
upon its passage and adoption.
* * * * * * *
I hereby certify that the foregoing resolution was adopted by the City Council of the City of
South San Francisco at a special meeting of the Planning Commission, held on the 21st day of
April , 2011 by the following vote:
AYES: Commissioner Giusti, Commissioner Martin, Commissioner Ochsenhirt,
Commissioner Sim, Vice Chairperson Zemke and Chairperson Gupta
NOES: Commissioner Prouty
ABSTAIN: None
ABSENT: None
ATTEST:
Commission Secretary
Susy Kalkin
Exhibit A
Draft Chapter 20.410, “Medical Marijuana Regulations,”
Including Competitive Application Procress
1630325.1