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HomeMy WebLinkAboutPC Reso 10-2659RESOLUTION NO. 10-2659 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY RECOMMENDING THAT THE CITY COUNCIL ADOPT A NEGATIVE DECLARATION AND APPROVE THE CODE AMENDMENT (PLN - 10 -08054) — REVISION `D' TO CODE AMENDMENT NO. 06-120, A REQUEST TO AMEND ARTICLE IX OF THE DOWNEY MUNICIPAL CODE TO PROHIBIT MEDICAL MARIJUANA DISPENSARIES THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS SECTION 1. The Planning Commission of the City of Downey does hereby find, determine and declare that A. According to the Federal Controlled Substances Act (21 USC Chapter 13), marijuana is classified as a Schedule I drug. This classification of drugs are substances that high potential for abuse, no current accepted medical use in treatment in the United States, and lack of accepted safety for use of the drug substance under medical supervision (21 USC § 812). Accordingly, the growth, cultivation, use, or possession of marijuana is a violation of Federal law; and, 13 In 1996, the voters of the state of California approved Proposition 215, which codified the Compassionate Use Act of 1996 at California Health and Safety Code Section 11362.5. The Compassionate Use Act of 1996 permits possession and cultivation of marijuana for certain medical purposes under limited and specified circumstances; and, C In 2003, the California Legislature enacted Senate Bill 420 ("SB 420"), which added Article 2.5 ("Medical Marijuana Program") to Division 10, Chapter 3, of the California Health and Safety Code, to clarify the scope of the Compassionate Use Act of 1996. SB 420 created a state approved voluntary medical marijuana identification card program and establishes additional immunities from state marijuana laws; and, D On November 10, 2009, due to the conflicts between Federal and State law, seeing a rise in the number of marijuana dispensaries in surrounding city's, and the City denying a business license for a medical marijuana dispensary (the use is not listed as a permitted use in any of the City's zones), the City Council adopted Ordinance No. 09- 1254 (attached). This ordinance placed a temporary moratorium on establishment and operation of medical marijuana dispensaries for a period of forty-five (45) days; and, E. On December 15, 2009, the City Council adopted Ordinance No. 09-1255 (attached), thereby extending the moratorium for ten (10) months and fifteen (15) days As such, the moratorium is set to expire on November 10, 2010. As part of this extension, the City Council directed staff to study the potential to regulate or prohibit medical marijuana dispensaries; and, F California Police Chiefs Association issued a whitepaper (hereinafter referred to as "CPCA whitepaper") on marijuana dispensaries. The CPCA whitepaper provides extensive research detailing negative secondary impacts that result from the operation of marijuana dispensaries; and, G. On June 3, 2010 based on the City Council's direction, the law offices of Best, Best & Krieger issued a white paper detailing the City's options on regulating medical marijuana dispensaries; and, Resolution No. 10-2659 Downey Planning Commission H On August 11, 2010, notice of the pending code amendment was advertised as a 1/8 th page ad in the Long Beach Press Telegram. Additionally, a Notice of Intent to adopt a Negative Declaration was filed with the Los Angeles County Recorders Office; and, On September 1, 2010, the Planning Commission conducted a duly noticed public hearing and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing, the Planning Commission adopted this resolution SECTION 2. The Planning Commission further finds, determines and declares that pursuant to the California Environmental Quality Act (CEQA), an Initial Study of Environmental Impacts was prepared Based on the analysis contained within the Initial Study, the Planning Commission finds that adoption of the proposed Code Amendment will not result in a significant impact to the surrounding area. Therefore, the Planning Commission recommends that the City Council adopt a Negative Declaration. SECTION 3. Having considered all of the oral and written evidence presented to it at said public hearings, the Planning Commission further finds, determines and declares that: A. That the requested amendment is necessary and desirable for the development of the community and is in the interests or furtherance of the public health, safety, and general welfare. Proposition 215 (Compassionate Use Act of 1996) and Senate Bill 420 (Medical Marijuana Program) provide a qualified patient or their primary caregiver an affirmative defense for the possession, cultivation, or use of marijuana. Neither of these laws, however, provides for medical marijuana dispensaries or other storefront operations for the dispensing of marijuana. In 2009, the California Police Chiefs Association released a whitepaper on medical marijuana dispensaries, which among other things provides an in depth analysis of adverse secondary impacts that directly and indirectly result from the operations of the dispensaries. These impacts include, but are not necessarily limited to, homicide, robbery, burglary, organized criminal activity, weapon violations, and money laundering. Additionally, due to unscrupulous doctors and people falsifying documents, there are a percentage of people obtaining medical marijuana, who do not meet the legal qualifications. This increase in crime presents a hazard to the public health, safety, and welfare, particularly in view of the fact that members of the public may be victims of said crimes. Furthermore, responding to and investigating these types of crime would further strain already overburden Police resources. To further exacerbate the problem, there is evidence that the number of illegal grow houses are increasing exponentially to meet the growing demand. These grow houses present a potential hazard to the public health, safety, and welfare since illegal construction and unpermitted wiring can lead to a structure fire. This is further compounded for first responders who may face blocked escape routes or booby traps. Considering the adverse secondary impacts, the proposed code amendment will serve to protect the public health, safety, and welfare since it will prohibit the operation of medical marijuana dispensaries Code Amendment (PLN -10-08054) —Medical Marijuana September 1, 2010 - Page 2 Resolution No 10-2659 Downey Planning Commission B. The proposed amendment is in general conformance with the General Plan. On January 25, 2005, the City of Downey adopted Vision 2025, a Comprehensive update to the General Plan. This update included adopting several polices to guide development in the City. The proposed code amendment will prohibit the operation of medical marijuana dispensaries within the City. This amendment is consistent with General Plan Policy 1.3.1, which states, "Minimize or eliminate conflicts where incompatible land uses are in proximity to each other." As noted in the previous finding, there is evidence that shows that allowing the operation of medical marijuana dispensaries results in adverse secondary impacts to surrounding properties. By prohibiting the operation of the dispensaries, the City will eliminate a potential conflict between the dispensaries and existing land uses, thereby being in compliance with the aforementioned General Plan Policy. SECTION 4. The Planning Commission recommends that the City Council amend Article IX, Chapter 1, Section 9138 to add the following definition: "Identification card" is a document issued by the State Department of Health Services which identifies a person authorized to engage in the medical use of marijuana and the person's designated primary caregiver, if any SECTION 5. The Planning Commission recommends that the City Council amend Article IX, Chapter 1, Section 9146 to add the following definitions: "Medical marijuana" is marijuana used for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other serious medical condition for which marijuana is deemed to provide relief as defined in subsection (h) of Health and Safety Code Section 11362.7. "Medical marijuana dispensary or dispensary" is any facility or location where medical marijuana is made available to and/or distributed by or to three or more of the following: a qualified patient, a person with an identification card, or a primary caregiver. Each of these terms is defined herein and shall be interpreted in strict accordance with California Health and Safety Code Sections 11362.5 and 11362.7 et seq. as such sections may be amended from time to time SECTION 6. The Planning Commission recommends that the City Council amend Article IX, Chapter 1, Section 9152 to add the following definitions: "Primary caregiver" is the individual, designated by a qualified patient or by a person with an identification card, who has consistently assumed responsibility for the housing, health, or safety of that patient or person. "Physician" is an individual who possesses a recognition in good standing to practice medicine or osteopathy issued by the Medical Board of California or the Osteopathic Medical Board of California and who has taken responsibility for a.n aspect of the medical care, treatment, diagnosis, counseling, or referral of a patient and who has conducted a medical examination of that patient before recording in the patient's Code Amendment (PLN -10-08054) —Medical Marijuana September 1, 2010 - Page 3 Resolution No 10-_2659 Downey Planning Commission medical record the physician's assessment of whether the patient has a serious medical condition and whether the medical use of marijuana is appropriate SECTION i. The Planning Commission recommends that the City Council amend Article IX, Chapter 1, Section 9154 to add the following definition: "Qualified patient" is a person who is entitled to the protections of California Health and Safety Code Section 11 362.5, but who does not have an identification card issued by the State Department of Health Services, SECTION 8. The Planning Commission recommends that the City Council amend Article IX, Chapter 4, to add Section 9428, to read as follows Section 9428 Medical Marijuana Dispensaries 9428.02 Intent and Purpose — It is the intent of these regulations to prohibit medical marijuana dispensaries in order to protect public health, safety, and welfare; and to avoid adverse secondary impacts that are derived by the operation of said dispensaries 9428.04 Medical Marijuana Dispensary Prohibited - It shall be unlawful for any person or entity to own, manage, conduct, or operate any medical marijuana dispensary or to participate as an employee, contractor, agent or volunteer, or in any other manner or capacity, in any medical marijuana dispensary in the City of Downey SECTION 9. Based upon the findings set forth in Sections 1 through 8 of this Resolution, the Planning Commission of the City of Downey hereby recommends the City Council adopt the Negative Declaration and approve Code Amendment No. 06-120, Rev 'D', including all recommended modifications to Article IX of the Downey Municipal Code listed herein SECTION 10. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 1S` day of Se,6ternber, 2010 5urs MbeMes, Chairman ity Planning Commission I HEREBY CERTIFY that the foregoing is a true copy` of a Resolution adopted by the Planning Commission of the City of Downey at a regular meeting thereof, held on the 1 t day of September, 2010 by the following vote, to wit: AYES: COMMISSIONERS: Lambros, Murray, Kiefer, Vasquez, Morales NOES, COMMISSIONERS: None AUA4,z cr G2C Lf— Theresa Donahue, Secretary City Planning Commission H.\PLANNING\RESOS\PC\2010\10-2659 doc Code Amendment (PLN -10-08054) —Medical Marijuana September 1, 2010 - Page 4