HomeMy WebLinkAboutPC Reso 11-2724RESOLUTION NO. 11-2724
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 -
11 -00099) — REVISION `E' 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,
B. 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. This section of the
Health and Safety code was later modified with the Legislature enacted Assembly Bill
2650 ("AB 2650") in September 2010; 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. 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, thereby
extending the moratorium for ten (10) months and fifteen (15) days. On October 26,
2010, the City Council again extended the moratorium through adoption of Ordinance
No. 10-1269, thereby setting the expiration date to November 10, 2011; 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, including, but not limited to:
1. An increase in crime against the dispensary and the community at large,
including take over robberies of dispensaries, home -invasion robberies, armed
robberies of patrons, burglaries of dispensaries and homes, and homicides
committed during the commission of the aforementioned crimes:
Resolution No. 11-2724
Downey Planning Commission
2. Links to organized criminal activity, money laundering, and firearm violations;
such as, in 2007, the City of San Diego and Federal authorities raided several
dispensaries, during which several weapons were recovered; or in the San
Francisco/Oakland area, where federal authorities seized over 9,000 marijuana
plants and several weapons during a raid, in which it was determined that the
illegal multi-million dollar operation was being run by an organized gang;
3. An influx of grown houses to provide the supply lines for the dispensary, which
have been found to present a life safety hazard to the public since they are
illegally converted homes, in which structural alterations are performed and
electrical wiring is jury-rigged to provide extra space and to power the grow lights
and other apparatus; 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,
H. On April 20, 2011, the Planning Commission of the City of Downey adopted a Minute
Action to initiate a Code Amendment and directed staff to analyze the feasibility of
prohibiting medical marijuana dispensaries in the City and set the matter for hearing;
and,
On June 9, 2011, notice of the pending code amendment was advertised as a 1/8`h 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,
J. On July 6, 2011, 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
Code Amendment (PLN -11-00099) — Medical Marijuana
July 6, 2011 - Page 2
Resolution No. 11-2724
Downey Planning Commission
operations of the dispensaries. These impacts include, but are not necessarily limited
to, homicide, robbery, burglary, organized criminal activity, weapon violations, and
money laundering. 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.
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.
Code Amendment (PLN -11-00099) — Medical Marijuana
July 6, 2011 - Page 3
Resolution No. 11-2724
Downey Planning Commission
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 an 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
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 7. 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 11362.5, 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 `E',
including all recommended modifications to Article IX of the Downey Municipal Code listed
herein.
Code Amendment (PLN -11-00099) — Medical Marijuana
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Resolution No. 11-2724
Downey Planning Commission
SECTION 10. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 6th day of July, 2011
Robert Kiefer, Chairman
City 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 6th day of
July, 2011 by the following vote, to wit:
AYES:
COMMISSIONERS:
Lujan, Morales, Murray, Kiefer
NOES:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
Garcia
ABSTAIN:
COMMISSIONERS:
None
J(U't� 64,("Cc. -, --
Theresa Donahue, Secretary
City Planning Commission
Code Amendment (PLN -11-00:09.9) — Medical Marijuana
July 6, 2011 - Page 5