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HomeMy WebLinkAboutOrd 1945ORDINANCE NO. 1945 AN INTERIM URGENCY ORDINANCE OF THE CITY OF BURLINGAME REGULATING CULTIVATION AND PROHIBITING THE MANUFACTURE, PROCESSING, LABORATORY TESTING, LABELING, STORING, WHOLESALE, AND RETAIL DISTRIBUTION OF MARIJUANA IN THE CITY OF BURLINGAME PURSUANT TO GOVERNMENT CODE SECTION 65858(a) The City Council of the City of Burlingame ORDAINS as follows: SECTION 1. FINDINGS. WHEREAS, the City Council finds that it is necessary for the City Staff, Planning Commission, and City Council to study, develop, and adopt regulations within a reasonable time regarding the cultivation of nonmedical marijuana in the City of Burlingame; and WHEREAS, the passage of Proposition 64 (the Adult Use of Marijuana Act "AUMA") on the November 8, 2016 ballot requires that the City enact reasonable regulations concerning nonmedical marijuana; and WHEREAS, the City Council finds and declares that there is a current and immediate threat to the public peace, health, welfare, and safety, specifically including possible permanent damage to the City's aesthetic, health and safety, and economic interests arising from the potential gap in regulation of cultivation and distribution of nonmedical marijuana under Proposition 64; and WHEREAS, marijuana -related uses are not permitted land uses and are therefore prohibited under Section 25.04.070 City's Municipal Code; and WHEREAS, the City Council desires to enact this interim urgency ordinance to expressly clarify that the manufacture, processing, laboratory testing, labeling, storing, wholesale distribution, and retail sale of marijuana, whether medical or recreational, are prohibited in all zones throughout the City; and WHEREAS, the immediate ban of all commercial or industrial marijuana activities will enable the City to develop a comprehensive approach to marijuana, including analysis of the provisions of Proposition 64's amendments and additions to the California Health and Safety Code, if passed, as well as regulation of presently unregulated delivery services; and WHEREAS, the citizens of Burlingame will be well -served if the City more fully addresses the potential impacts of indoor and outdoor marijuana cultivation for personal use by Burlingame residents; and WHEREAS, the most appropriate way to ensure public review and consideration and to prevent a potential gap in regulation of the cultivation and distribution of nonmedical medical marijuana in the City is to enact an urgency ordinance; and WHEREAS, there is an immediate need to prevent unregulated nonmedical marijuana grows in the City of Burlingame, which have the potential to affect the character and aesthetic of the community; and WHEREAS, this interim ordinance is necessary to prevent potential "grandfathering" of nonmedical outdoor marijuana grows on private residences; and WHEREAS, the City Council finds that it is necessary to protect the health, safety, and welfare, and specifically the City's and the public's interests in the City's aesthetic, economic, health, safety, and community character until additional staff review has been completed and any necessary code revisions have been adopted and made effective by the City Council; and WHEREAS, the City Council directs City staff to continue to study the issue of nonmedical commercial cultivation, manufacture, processing, laboratory testing, labeling, storing, wholesale, distribution, and retail of marijuana. The City Council also directs staff to study the issue of nonmedical cultivation, processing, and storing of marijuana for personal, private use. WHEREAS the City Council considered and adopted an initial urgency ordinance regulating marijuana -related activities at its November 7, 2016 meeting, and the circumstances requiring that urgency ordinance continue to exist; and WHEREAS the Council extended said ordinance at the City Council's December 19, 2016 meeting; and WHEREAS the potential second extension of said ordinance was noticed in accordance with Government Code requirements and a public hearing was held on the item at the City Council's September 18, 2017 meeting; NOW, THEREFORE, the City Council of the City of Burlingame does hereby find and declare as follows: SECTION 2. REGULATION. The following regulation is hereby imposed. This regulation shall prevail over any conflicting provisions of the Burlingame Municipal Code or the other ordinances, resolutions, policies, and regulations of the City of Burlingame. a. Any commercial or industrial use involving marijuana, including but not limited to manufacture, processing, laboratory testing, labeling, storing, wholesale, distribution, and retail, is prohibited in every zoning district in the City. b. Outdoor cultivation of marijuana is prohibited in every zoning district in the City. Indoor cultivation of marijuana is limited to residential districts, is limited to six (6) plants per residence, and must be entirely for the personal use of a resident of the residence who is twenty-one (21) years of age or older. The City reserves the right to enact regulations regarding the indoor cultivation of marijuana at a later date. C. For purposes of this interim urgency ordinance, the term "marijuana" shall mean all items included in Health and Safety Code Sections 11018 and 11018.1. The term "indoor cultivation" shall mean cultivation inside a fully enclosed private residence as defined in Health and Safety Code Section 11362.2(b)(2). The term "outdoor cultivation' shall mean any cultivation that is not defined as indoor cultivation as defined in Health and Safety Code Section 11362.2(b)(2). d. This ordinance does not affect the rights of individuals as established by State law to possess or use medical marijuana with a valid prescription. e. This ordinance does not affect the establishment or operation of clinics and health care facilities licensed pursuant to Division 2 of the California Health and Safety Code. This ordinance does not affect residential care facilities for persons with life-threatening illnesses licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code, nor residential care facilities for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code. This ordinance does not affect the establishment or operation of a residential hospice, nor of a home -health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, provided it complies with all applicable State law provisions. SECTION 3. INTERIM URGENCY ORDINANCE. The City Council does hereby, pursuant to Government Code Section 65858(a), extend this interim urgency ordinance for one year from September 18, 2017, issuing interim regulations as stated in Section 2, above. SECTION 4. EFFECTIVE DATE. Enforcement of this interim urgency ordinance, as extended, shall commence on September 18, 2017. SECTION 5. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Burlingame hereby declares that it would have adopted this Ordinance and such section, subsection, sentence, clause, phrase or portion may be declared invalid or unconstitutional. SECTION 6. This is an interim urgency ordinance and requires a 4/5 vote of approval of all of the members of the City Council and goes into effect immediately upon its adoption. SECTION 7. This interim urgency ordinance shall be published once within fifteen (15) days of its adoption. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall have it posted in three (3) public places designated by the City Council ATTEST: Meaghan Hassel -Shearer, City Clerk Ricaid� Ortiz, APPROVED AS TO FORM: Kathleen Kane, City Attorney I hereby certify that foregoing Interim Urgency Ordinance No. 1945 was adopted at a regular meeting of the Burlingame City Council on September 18, 2017 by the following vote: AYES: Councilmembers: BEACH, BROWNRIGG, COLSON, KEIGHRAN, ORTIZ NOES: Councilmembers: NONE ABSENT: Councilmembers: NONE geaglan Hassel -Shearer, City Clerk