HomeMy WebLinkAboutPC Reso 15-15 Rec CC Ord Amd ZO Medical Marijuana RESOLUTION 15-15
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING
CHAPTERS 8.08 (DEFINITIONS) AND 8.12 (ZONING DISTRICTS AND PERMITTED USES
OF LAND) OF THE DUBLIN MUNICIPAL CODE TO PROHIBIT MEDICAL MARIJUANA
DISPENSARIES AND CULTIVATION IN ALL ZONING DISTRICTS WITHIN THE
CITY OF DUBLIN
WHEREAS, the Legislature recently passed, and the Governor signed, several bills
regulating the commercial activity of medical marijuana, including Assembly Bill 243, which
assigns certain state agencies with regulatory task regarding commercial medical marijuana,
including product labeling and environmental regulation, and
WHEREAS, Section 6 of AB 243 adds Health and Safety Code section 11362.777, which
puts the California Department of Food and Agriculture ("DFA") in charge of licensing of both
indoor and outdoor cultivation sites in the state, and
WHEREAS, Health and Safety Code section 11362 777 provides that the DFA shall be
the sole licensing authority for medical marijuana cultivation within a city if that city does not
have land use regulations or ordinances regulating or prohibiting the cultivation of marijuana in
effect on March 1, 2016; and
WHEREAS, an amendment to Zoning Ordinance Chapter 8 08 and 8.12 enacting a
prohibition of medical marijuana cultivation will ensure that the City of Dublin retains local control
over medical marijuana cultivation within the City, and
WHEREAS, if the City has a prohibition regarding medical marijuana cultivation in effect
before March 1, 2016, the City retains the flexibility to maintain, narrow, or lift the prohibition on
cultivation at some point in the future; and
WHEREAS, an amendment to Chapter 5.58, along with the proposed amendments to
Chapter 8 08 and 8 12, will ensure consistency between the Zoning Ordinance and the City's
existing prohibition on medical marijuana dispensaries, which will remain in effect, and
WHEREAS, the California Environmental Quality Act (CEQA), together with State
guidelines and City environmental regulations require that certain projects be reviewed for
environmental impacts and that environmental documents be prepared, and
WHEREAS, the proposed project is exempt from CEQA per CEQA Guidelines Section
15061 (b)(3), which states that CEQA applies only to those projects that have the potential to
cause a significant effect on the environment. The adoption of the proposed amendments to the
Municipal Code does not, in itself, allow the construction of any building or structure, but
prohibits medical marijuana cultivation within the City; and
WHEREAS, a Staff Report was submitted to the City of Dublin Planning Commission
recommending approval of the proposed amendments, and
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WHEREAS, the Planning Commission held a public hearing on said application on
December 8, 2015 and
WHEREAS, proper notice of said hearing was given in all respects as required by law;
and
WHEREAS, the Planning Commission did hear and consider all said reports,
recommendations and testimony herein above set forth and used its independent judgment to
evaluate the project
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does
hereby recommend that the City Council adopt the following amendments to the Zoning
Ordinance:
The following new definitions will be listed in Chapter 8 08 and there will be a cross reference to
Chapter 5.58.
Medical Marijuana Dispensary. See Section 5 58 010(C)
Medical Marijuana Cultivation. See Section 5.58.010(D).
Amend Section 8 12 050 (Permitted and Conditionally Permitted Land Uses) of the Dublin
Municipal Code to add Medical Marijuana as an Agricultural Use Type to read as follows'
AGRICULTURAL A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2
USE TYPE _
Medical Marijuana -
Cultivation
Amend Section 8.12.050 (Permitted and Conditionally Permitted Land Uses) of Title 8 of the
Dublin Municipal Code to add Medical Marijuana Dispensary as a Commercial Use Type to read
as follows'
COMMERCIAL A R-1 I R-2 R-M C-O C-N C-1 ll C-2 M-P M-1 M-2
USE TYPE
Medical Marijuana - - - - - - - - - - -
Dispensary
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PASSED, APPROVED AND ADOPTED this 8t" day of December 2015 by the following vote
AYES: Do, Mittan, Goel
NOES: Kohli, Bhuthimethee
ABSENT:
ABSTAIN: er"\
Planning Commission Chair
ATTEST:
Ili
Assistant Co unity Development Director
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