HomeMy WebLinkAboutOrd 1935ORDINANCE NO. 1935
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 consideration of the 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 December 19, 2016 meeting; and
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 ten
months and fifteen days from December 19, 2016, issuing interim regulations as stated in
Section 2, above.
SECTION 4. EFFECTIVE DATE. Enforcement of this interim urgency ordinance, as
extended, shall commence on December 19, 2016.
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:
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Meaghan Hassel -Shearer, City Clerk APPROVED AS TO FORM:
Kathleen Kane, City Attorney
I hereby certify that foregoing Interim Urgency Ordinance No. 1935
was adopted at a regular meeting of the Burlingame City Council on December 19, 2016 by the
following vote:
AYES: Councilmembers: BEACH, BROWNRIGG, COLSON, KEIGHRAN, ORTIZ
NOES: Councilmembers: NONE
ABSENT: Councilmembers: NONE
Acglhg'nKa4s'se'l-Searer, City Clerk