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HomeMy WebLinkAboutOrd. 1369-2006 ORDINANCE NO. 1369-2006 AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO AMENDING THE SOUTH SAN FRANCISCO MUNCIP AL CODE TO ADD CHAPTER 20.65 RESTRICTING THE LOCATIONS OF AND REQUIRING SECURITY FOR THE CULTIVATION OF MEDICAL MARIJUANA WHEREAS, the voters of the State of Cali fomi a approved the Inedical use oflnarijuana by approving Proposition 215 and Senate Bill 420 (Health & Safety Code ~ 11362.5 through 11362.77); and WHEREAS, the intent of Proposition 215 and Senate Bill 420 was to enable persons who are in need of n1mijuana for Inedical purposes to be able to obtain and use it without fear of crilninal prosecution under specified circulnstances; and WHEREAS, in order to protect the public health, safety and welfare, it is necessary to restrict areas in which medicallnarijuana Inay be distributed to those who qualify for its use in accordance with state law; and WHEREAS, it is the City Council's intention that nothing in this Ordinance shall be deelned to conflict with federal law as contained in the Controlled Substances Act, 21 U.S.C. Section 841, nor to otherwise pennit any activity that is prohibited under said Act; and WHEREAS, it is the City Council's intention that nothing in this Ordinance shall be construed to (l) pennit persons frOln engaging in conduct that endangers others or causes a public nuisance, (2) permit the use of Inarijuana for non-medical purposes, or (3) pennit any activity relating to the cultivation, distribution, or consulnption of Inarijuana that is otherwise illegal. NOW, THEREFORE, BE IT ORDAINED BY THE SOUTH SAN FRANCISCO CITY COUNCIL: SECTION 1. The City Council of the City of South San Francisco finds as follows: 1. The South San Francisco Police Department has documented a three-year history of public health and safety problelns frOln adjacent jurisdictions, which are associated with the cultivation and distribution of medical Inarijuana in residential neighborhoods. 2. Based on said documentation, investigation and reports cOlnpiled by the South San Francisco Police Department, the cultivation and distribution of marijuana in residential neighborhoods promotes excessive traffic and noise, attracts crilninal elements and creates a substantial risk of criminal conduct, including burglary, assault, theft, and results in firearms and other deadly weapons being displayed, all in fmnily neighborhood settings. Numerous collateral impacts on public health and safety from adjacent jurisdictions have been reported. 3. The cultivation and distribution oflnarijuana in residential districts tends to prOlnote juvenile delinquency by introducing a controlled substance into neighborhood settings where Ininors are frequently unsupervised. 4. The health, welfare and safety of the citizens of South San Francisco will be well served by prohibiting collective Inarijuana cultivation in residential districts. 5. Restricting Inedicallnarijuana collectives to areas other than Residential Districts within the City does not prevent persons who Inay legitimately use Inarijuana for Inedical purposes from obtaining it nor does it unreasonably interfere with the ability to obtain it legally. 6. Additionally, assuring that individual household Inarijuana cultivation in residential areas is not visible to the public dOlnain and reasonably secured so as to preclude an attractive nuisance to juveniles for theft or other illicit use, does not prevent persons who Inay legitilnately use Inarijuana for Inedical purposes frOln obtaining it nor does it unreasonably interfere with the ability to obtain it legally. SECTION 2. Based on the foregoing, a new Chapter 20.65 is hereby added to the South San Francisco Municipal Code, to read as follows: "CHAPTER 20.65" MEDICAL MARIJUANA REGULATIONS 20.65.010 Purpose and Intent It is the purpose and intent of this chapter to regulate the collective cultivation of medical Inarijuana within the city limits, and to require that Inarijuana cultivated in individual households be appropriately secured so as not to be visible to the public dOlnain, to provide for the health, safety and welfare of the public. Medical Marijuana Collectives may not be operated or located in any residential district, as defined in 20.65.020(f). Medical Marijuana Collectives Inay not be operated or located within 500 feet of any such district. The ordinance, in cOlnpliance with California Health & Safety Code Section 11362, does not interfere with a patient's right to medical marijuana, nor does it crilninalize the possession or cultivation of medical marijuana by specifically defined classifications of persons, pursuant to state law. 20.65.020 Definitions The following words and phrases, when used in this chapter, shall be construed as defined in this section, unless it is apparent from the context that they have a different Ineaning: 2 A. "Qualified patient" Ineans a person who is entitled to the protections of California Health & Safety Code ~ 11362.7, but who does not have an identification card issued pursuant to California Health & Safety Code ~ 11362. A Qualified Patient is son1eone who could possess a valid identification card pursuant to California Health & Safety Code ~ ] 1362.7, but has either failed to apply for such a card, or not yet received such a card. The patient is deelned as qualified, if a licensed physician would have recomlnended the patient use marijuana for medical relief. B. "Person with an Identification Card" Ineans an individual who is a qualified patient who has applied for and received a valid identification card pursuant to Califolllia Health & Safety Code ~ 11362.7. The Identification Card Inust be obtained via written recOlnn1endation frOln the individual's attending licensed physician, after an exmnination. An "attending physician" is defined as a duly licensed Inedical doctor, who has the patient's Inedical records. Those patients, who seek Inedical services frOln clinics, are required to obtain identification cards frOln said clinics. C. "Prilnary Caregiver" Ineans a prilnary caregiver as that tenn is defined in Health & Safety Code ~ 11362.7, designated by a qualified patient or by a person with an identification card, who has consistently assulned responsibility for the housing, health, or safety of that patient. For the purposes of this Chapter, "Prilnary Caregiver" is defined as: 1. An individual who has been designated as a Prilnary Caregiver by one or Inore Qualified Patients or Persons with Identification Card, if every Qualified Patient or Person with Identification Card who has designated that individual as a prilnary caregiver, resides in the smne city or county as the primary caregiver. 2. An individual who has been designated as a primary caregiver by a qualified patient or person with an identification card, who resides in a city or county other than that of the prilnary caregiver, if the individual has not been designated as a prilnary caregiver by any other qualified patient or person with an identification card. If the Prilnary Caregiver and Qualified Patient or Person with Identification Card do not live in the smne city or county, only one Qualified Patient or Person with Identification Card Inay designate this individual as his or her Primary Caregiver. This Primary Caregiver will have no other Qualified Patients or Persons with Identification Card designated to him or her from outside the county. 3. A Prilnary Caregiver shall be at least 18 years of age, unless the Prilnary Caregiver is the parent of a minor child who is a Qualified Patient, and the parent of such Ininor child is also a minor. 3 4. As it is reasonable that Prilnary Caregivers are unable to consistently assume responsibility for the housing, health or safety of an unlilnited nU1nber of persons, the nU1nber of Qualified Patients or Persons with Identification Cards to Prilnary Caregiver is lilnited to no n10re than ten (l0) Qualified Patients or Persons with an Identification Card. The Prilnary Caregiver Inust keep a list of his or her assigned ten (] 0) Qualified Patients or Persons with an Identification Card; such a list Inust n1inin1ally contain those persons' contact infonnation, such that it Inay be ilnlnediately provided to the Chief of Police upon request, for the purposes of detennining the proper legal mnounts of cultivated and/or dried Inarijuana that may be possessed at the collective. Only these three classifications of person Inay possess or cultivate Inedical Inarijuana individually or collectively, in accordance with California Health & Safety Code ~ 11362.7. D. "Medical Marijuana Collective" or "Collective" Ineans a location where Inmijuana is cultivated collectively by Inore than one Qualified Patient, Person with Identification Card or Prilnary Caregiver. Medicallnarijuana cultivated collectively Inay be distributed by a Prilnary Caregiver to a Qualified Patient or patients, or to a Person or Persons with Identification Card(s) for Inedical purposes, in accordance with Health & Safety Code ~11362.7, et seq. E. "Police Chief' Ineans the City's Chief of Police or the Chief s designee. F. "Residential District" Ineans any area within the city lilnits that is designated in the City's zoning ordinance as one of the following districts: R-E, R-1, R-2, R-3, TV-RM, TV-RH, any residential P.U.D, the Westborough Townhomes Overlay District, and the Downtown Residential Overlay District where the underlying zone is R-2 or R-3, or any subsequently created zoning district whose prilnary use is residential in character. 20.65.030 Enforcement of Chapter The Police Chief shall have the duty and responsibility to enforce any violations of Sections 20.65.040 and 20.65.060(b-c) of this Chapter, and to report and enforce against any violations of the Conditions of Approval attached to Use Pennits obtained under the authority of the Section 20.65.050. The Police Chief shall provide a report of all violations of these provisions to the Chief Planner for possible revocation of Use Pennits obtained under the authority of Section 20.65.050 of the Chapter, pursuant to the Use Revocation procedures contained in Chapter 20.91 of this Code. The Chief Planner shall have the duty and responsibility of processing and referring to the Planning COlnmission all Use Permit applications using the Ininimum guidelines established by Section 20.65.050 consistent with the Use Pennit procedure established by Chapter 20.81 of this Code. The Chief Planner shall also have the duty and responsibility to consider the initiation of modification or revocation proceedings in accordance with the procedures outlined in Chapter 20.91 of this Code. 4 20.65.040 Registration Prilnary Caregivers, Qualified Patients and Persons with Identifications Cards cultivating Inedicallnarijuana at such Collectives shall register the collective with the Police Chief, providing the nmne ofa responsible party, a telephone nU1nber, the place of operation of the Medical Marijuana Collective, and such other infonnation as Inay be reasonably required by the Police Chief. 20.65.050 Operating Restrictions A. Only Qualified Patients, Persons with Identification Cards and Plilnary Caregivers Inay cultivate Medical Marijuana collectively. Medical Marijuana Collectives Inay not operate in a Residential District. Collectives shall otherwise comply with all provisions of the South San Francisco Municipal Code, including the Zoning Ordinance, and the California Health & Safety Code. B. Medical Marijuana Collectives are required to obtain a Use Pen11it to operate within the city lilnits. This Use Pennit Inay be ilnn1ediately revoked pending a heming at the Planning COlnn1ission for any violation of law, or failure to cOlnply with the conditions listed on said Use P enni t. C. The Use Pennit Conditions will be the following, at n1inilnuln: 1. The applicant shall cOlnply with the provisions of Chapter 15.48 of the Municipal Code; "Minilnum Building Security Standards" Ordinance revised May 1995 2. Absolutely no advertising of Inarijuana is allowed at any tilne. 3. Exterior signage is limited to site addressing only. 4. The collective site will be Inonitored at all tilnes, by web-based closed circuit television for security purposes. The cmnera and recording systeln Inust be of adequate quality, color rendition and resolution, as to allow the ready identification of any individual cOlmnitting a crilne anywhere on the site. 5. A centrally monitored alann systeln is required. 6. Interior building lighting, exterior building lighting and parking area lighting will be of sufficient foot-candles and color rendition, so as to allow the ready identification of any individual cOlnmitting a crime on site at a distance of no less than 40 feet. 40 feet allows a person reasonable reaction tilne upon recognition of a viable threat. 7. Windows and roofhatches will be secured with bars on the windows so as to prevent unauthorized entry, and be equipped with latches that Inay be released quickly from the inside to allow exit in the event of elnergency. 8. Absolutely no cultivated Inarijuana or dried marijuana product may be visible from the building exterior. 9. Only cultivation will be allowed. No further refinement of marijuana, or the preparation of marijuana products, such as but not limited to hashish, "hash oil" or Inarijuana butter is allowed. 10. No cooking, sale, preparation or Inanufacturing of marijuana enhanced or edible products is allowed. 11. No sales of cultivated Inarijuana are allowed on site. 12. No persons under the age of 18 are allowed on site, unless such individual is a 5 qualified patient and accOlupanied by their licensed attending physician, parent or docU1nented legal guardian. 13. The amount of luarijuana allowed lUUSt confonn to the CalifOlllia Health & Safety Code ~ 11362.77, divided by the nUlnber of participants in the collective. 14. The Police Chieflnay inspect the collective at any reasonable tilne to ensure that the muounts of n1edicalluarijuana on site confonu to California Health & Safety Code ~ 11362.77. The Police Departluent reserves the right to Inake additional seculity and safety conditions, if necessary, upon receipt of detailed/revised building plans. 20.65.060 Marijuana Produced for On-Site Consuluption A. Nothing in this Chapter shall be deelned to luake it unlawful for an individual to grow luarijuana at his or her residence for his or her own consulnption at such residence, or for consumption by another person regularly residing at such residence, if such consuluption is pennitted under Health and Safety Code ~ 11362.5 through 11362.77. B. Marijuana cultivated pursuant to these sections lUUSt be secured froln public access, and not be visible to the public domain. All cultivated luarijuana luUSt be secured in structures consisting of at least four walls and a roof, and confon11 to Chapter 15.48 of the South San Francisco Municipal Code, Miniluuln Security Standards, as to locks, deadbolts and additional security Ineasures. C. Medical Marijuana cultivated at registered Collectives luay not be consun1ed on-site, in the parking areas, inside vehicles, or in those areas already restricted by the California Health & Safety Code ~ 11362.79. 20.65.070 Violation and Penalties Any violation of this chapter shall be deelued a Inisdelneanor, unless the circumstances that create the violation are subject to prosecution as a felony under state or federal law. Any violation of this chapter shall also be deelued a public nuisance and luay be enforced by any relnedy available to the City for abatement of public nuisances. SECTION 3. If any section, subsection, sentence, clause or phrase or word of this ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the relnaining portions of this ordinance. The City Council of the City of South San Francisco hereby declares that it would have passed and adopted this ordinance and each and all provisions thereof irrespective of the fact that anyone or more of said provisions be declared unconstitutional, unlawful or otherwise invalid. SECTION 4. This ordinance is hereby found to be categorically exempt frOln environmental review, per the provisions of Section 15061 (b )(3) of the California Environmental Quality Act of 1970 as amended, on April 16, 1997. SECTION 5. This ordinance shall becOlne effective thirty (30) days after the date of its adoption by 6 the South San Francisco City Council. SECTION 6. Publication and Effective Date. Pursuant to the provisions ofGovernlnent Code Section 36933, a sun11nary of this Ordinance shall be prepared by the City Atton1ey. At least five (5) days prior to the Councillneeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (l) publish the SUluluary, and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (l) publish the sumn1ary, and (2) post in the City Clerk's Office a certified copy of the full text of this Ordinance along with the nan1es of those City Councillnelubers voting for and against this Ordinance or otherwise voting. This ordinance shall become effective thirty days froln and after its adoption. * * * * * Introduced at a regular Ineeting of the City Council of the City of South San Francisco, held the 22nd day of March 2006. Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council held the 12th day of April 2006, by the following vote: AYES: Councihnelnbers Pedro Gonzalez and Karyl Matsun10to, Vice Mayor Richard A. Garbmino and Mayor Joseph A. F ernekes NOES: ABSTAIN: ABSENT: Councilmeluber Mark N. Addiego ATTEST: As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 12th day of April 2006. 7