HomeMy WebLinkAbout2016-177 Measure O (Amended 2016-168)
1 RESOLUTION NO. 2016-177
2
3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO CALLING A SPECIAL ELECTION FOR THE PURPOSE OF
4 CONSIDERING THE SAN BERNARDINO REGULATE MARIJUANA ACT OF 2016,
5 REQUESTING THAT THE SPECIAL ELECTION BE CONSOLIDATED WITH THE
PRESIDENTIAL GENERAL ELECTION CONDUCTED ON NOVEMBER 8, 2016 AND
6 AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE ELECTION.
WHEREAS,on April 6, 2016 Vincent Guzman ("Proponent"), a resident of the City of San
8 Bernardino, filed a Notice of Intent to Circulate a Petition, attached hereto as Exhibit"A" and
incorporated herein by this reference, with the City Clerk for the San Bernardino Regulate Marijuana
9 Act of 2016 (the "Initiative"); and
10 WHEREAS, on April 21, 2016 the City Attorney transmitted to the City Clerk a Ballot Title
11 and Summary, attached hereto as Exhibit"B" and incorporated herein by this reference; and
12 WHEREAS, on June 8, 2016 the Proponent turned in signed petitions to the City Clerk for
13 certification; and,
14 WHEREAS,the City Clerk, having reviewed the signatures, has issued her certification that
the petition has the number of signatures required to submit an initiative to the Mayor and Common
15 Council pursuant to Section 120 of the Charter of the City of San Bernardino; and
16
WHEREAS,the Mayor and Common Council, having reviewed the initiative, has decided to
17 submit the issue directly to the voters instead of adopting the measure without alteration.
18 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
19 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
20 SECTION 1. That the recitals and findings set forth above are hereby adopted by this
21 reference.
22
SECTION 2. That the San Bernardino Regulate Marijuana Act of 2016 shall be
23
submitted to the voters at a Special Election.
24
25 SECTION 3. Special Municipal Election Called. A special municipal election is hereby
26 called and will be held in the City of San Bernardino on Tuesday, November 8, 2016, for the
27
28
1
1 purpose of submitting to the qualified electors of the City, for their approval or disapproval, the
2 San Bernardino Regulate Marijuana Act of 2016 as set forth in Exhibit"A" attached hereto.
3
SECTION 3. Request for Consolidation of Elections. Pursuant to Section 10400 of the
4
California Elections Code, the Mayor and Common Council of the City of San Bernardino
5
6 request that the Board of Supervisors of the County of San Bernardino consolidate the City's
7 special municipal election with the statewide general election to be held on November 8, 2016.
8 The polls for said election shall be open at 7:00 a.m. of the day of said election and shall
9
remain open continuously from said time until 8:00 p.m. of the same day when said polls shall be
to
11 closed, except as provided in Section 14401 of the California Elections Code.
12 SECTION 4. The full text of the measure is set forth in Exhibit "A" to this resolution
13 and is incorporated herein by this reference. Said measure shall appear upon the ballots for said
14
Special Election in substantially the following form:
15
MEASURE _ YES NO
16 COMMERCIAL MARIJUANA ACTIVITY.
17 Shall the San Bernardino Regulate Marijuana Act
of 2016 be enacted in the City of San Bernardino?
18 The measure shall be designated on the ballot by a letter printed on the left margin of the
19
square containing the description of the measure as provided in the California Elections Code.
20
SECTION 5. Canvass of Returns. The Registrar of Voters of the County of San
21
22 Bernardino is hereby authorized to canvas the returns of the special municipal election in all
23 respects as if there were only one election with only one form of ballot. Results of said special
24 election shall be certified by the Mayor and Common Council of the City of San Bernardino.
25
SECTION 6. Notice of Election. The City clerk is hereby directed to publish a notice of
26
27 the special municipal election which shall contain the following:
28 A. The date of the election;
2
1 B. The hours the polls will be open;
2 C. That the last day for receipt of primary arguments for or against the measure has been
3
established as 5:00 p.m. on August 24, 2016 in the City Clerk's Office, Second Floor,
4
City Hall, 300 North"D" Street, San Bernardino, California;
5
6 D. That the last day for receipt of rebuttal arguments is 5:00 p.m. on September 6, 2016
7 in the City Clerk's Office at the above location.
8 The City Clerk is directed to make arrangements to accept arguments and to arrange for
9
sample ballots, which shall include the text of the San Bernardino Regulate Marijuana Act of
10
11 2016, in accordance with the California Elections Code. This notice may be combined with a
12 notice of any other municipal election to be held on the same date.
13 SECTION 7. Conduct of Election. The special municipal election so called shall be held
14
in such precincts and at such polling places as shall be determined by the Registrar of Voters of
15
the County of San Bernardino. The Board of Supervisors of the County of San Bernardino is
16
17 hereby requested to issue instructions to the Registrar of Voters to take all steps necessary for the
18 holding of the consolidated election. The City Manager is hereby authorized to execute a
19
contract for services necessary for conducting the special municipal election. The City of San
20
Bernardino recognizes that additional costs will be incurred by the County by reasons of this
21
22 consolidation and agrees to reimburse the County for any such costs.
23 SECTION 8. Filing of Resolution. The City Clerk of the City of San Bernardino is
24 directed to file a certified copy of this Resolution with the Board of Supervisors of the County of
25
San Bernardino and to file a copy of this Resolution with the Registrar of Voters.
26
SECTION 9. Transmission of Ballot Initiative. Pursuant to the California Elections
27
28 Code, the City Clerk is hereby directed to transmit a copy of the San Bernardino Regulate
3
1 Marijuana Act of 2016 Ballot Initiative, and all other necessary documents, to the City Attorney
2 for purposes of preparation of an Impartial Analysis.
3
SECTION 10. That the City Clerk is authorized to expend the funds necessary to
4
5
effectuate the purposes of this resolution.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
21
25
26
27
28
4
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO CALLING A SPECIAL ELECTION FOR THE PURPOSE OF
2 CONSIDERING THE SAN BERNARDINO REGULATE MARIJUANA ACT OF 2016,
3 REQUESTING THAT THE SPECIAL ELECTION BE CONSOLIDATED WITH THE
PRESIDENTIAL PRIMARY ELECTION CONDUCTED ON NOVEMBER 8, 2016 AND
4 AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE ELECTION.
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6
Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the
7
8 15th day of August, 2016, by the following vote, to wit:
9 Council Members: AYES NAYS ABSTAIN ABSENT
10 MARQUEZ X
11
BARRIOS X
12
13 VALDIVIA X
14 SHORETT X
15 NICKEL X
16 RICHARD X
17
MULVIHILL X
18
19
Georgeaffn Hanna, C C, City Clerk
20
21 The foregoing Resolution is hereby approved this A/1 day of August, 2016.
22
23 R. Carey Dav- , Mayor
City of San Bernardino
24 Approved as to form:
25 Gary D. Saenz, City Attorney
26 By:
27
28
5
2016-177
SAN BERNARDINO REGULATE MARIJUANA ACT OF 2016
f1 3: 4 4
The People of the City of San Bernardino do ordain as follows:
SECTION 1: TITLE
This initiative shall be known as and may be cited as the San Bernardino Regulate Marijuana Act of 2016.
SECTION 2: FINDINGS AND DECLARATIONS
We the people of the City of San Bernardino do find and declare the following:
A. The people of the State of California have enacted Proposition 215,the Compassionate Use Act of
1996("CUA") (codified in Health and Safety Code Section 11362.5 et seq.),which allows for the
possession and cultivation of marijuana for use by certain qualified persons.
B. In 2004, the State of California enacted Senate Bill 420,the Medical Marijuana Program Act
("MMPA") (codified in California Health and Safety Code section 11362.7 et seq.),which purports to
clarify the scope of the CUA and which also recognized the right of cities and other governing bodies to
adopt and enforce rules and regulations consistent with the MMPA.
C. In 2015,the State of California passed the Medical Marijuana Regulation and Safety Act
("MMRSA")to provide a State framework for licensure and regulation of medical marijuana within the
State, while continuing to recognize the authority of local governments to regulate medical marijuana
related activity within their respective jurisdictions.
D. Without regulation, the cultivation and manufacturing of marijuana,and its subsequent
transportation, distribution, and dispensation has potential adverse effects to the health and safety of the
community. By creating a fair and reasonable regulatory environment for marijuana businesses,the City
will be able to maintain order while avoiding undue burdens on its financial resources.
E. Bringing marijuana into a regulated and legitimate market will create a transparent and accountable
system, City revenues from a legal and regulated market can cover not only the cost of administering the
new law,but can als'o be used to invest in many programs,including but not limited to; public health
programs that educate youth to prevent and treat serious substance abuse; train local law enforcement to
enforce the new law; invest in the community to reduce the illicit market and create job opportunities.
SECTION 3: PURPOSE AND INTENT
It is the intent of the people of the City of San Bernardino in enacting this measure to:
A.Provide for a means of cultivation,production, manufacturing,testing,transportation,
distribution, dispensing,acquisition and use of marijuana by persons who qualify to obtain,
possess,and use marijuana for purposes consistent with State law.
EXHIBIT "A"
B.Protect public health and safety through reasonable limitations on marijuana businesses as they
relate to noise,air and water quality, food safety, community safety,security,nuisance conditions
and other health and safety concerns.
C.Promote lively street life and high quality neighborhoods by limiting the concentration of
marijuana businesses in the City.
D.Impose fees to cover the cost to the City of regulating marijuana businesses in an amount
sufficient for the City to recover its related costs,and to help mitigate against possible adverse
secondary effects.
E. Adopt a mechanism to monitor compliance with the provisions of this City Code and State
law.
F. Create regulations that address the particular needs of the residents and businesses of the City
and coordinate with laws and regulations that have been or may be enacted by the State regarding
the same,including but not limited to marijuana for medical or recreational use.
G.Facilitate the implementation of State law without going beyond the authority granted to the
City by the State.
H.Allow marijuana businesses only by persons that have demonstrated an intent and ability to
comply with this City Code and State law.
I. Protect public safety by limiting the locations in the City where marijuana businesses may
operate.
SECTION 4: AMMENDMENT OF DEVELOPMENT CODE
Section 19.02.060(1),Establishment of Zoning Districts, is hereby amended to add Marijuana Business
Overlay 1 (M-B Overlay 1) and Marijuana Business Overlay 2 (M-B Overlay 2).
SECTION 5: ADDITION OF CHAPTER 19.420,"MARIJUANA BUSINESS OVERLAY ZONES
(M-B OVERLAY),"TO TITLE 19 OF THE CITY OF SAN BERNARDINO MUNICIPAL CODE
Chapter 19.420, entitled,Marijuana Business Overlay Zones (M-B Overlay), of Title 19,entitled Zoning,
of the City of San Bernardino Municipal Code is added to read as follows:
CHAPTER 19.420 MARIJUANA BUSINESS OVERLAY ZONES(M-B OVERLAY)
19.420.010 Intent and purpose.
It is the intent and purpose of the marijuana business overlay zones(hereinafter zone"M-B Overlay 1"
and zone"M-B Overlay 2")to allow marijuana businesses in portions of the commercial and industrial
zones where such uses would be consistent with the general plan, compatible with surrounding
commercial and industrial uses and not materially detrimental to adjacent properties;it is the further
intent of this chapter to regulate the location, cultivation, production, manufacturing,testing,
transportation, distribution,dispensing,acquisition and use of marijuana in a manner that is consistent
with the State Compassionate Use Act("CUA"),the State Medical Marijuana Program Act("MMPA"),
and the State Medical Marijuana Regulation and Safety Act("MMRSA"), as well as with laws and
regulations that have been or may be enacted by the State regarding the same,including but not limited to
marijuana for medical or recreational use; it is the further intent of this chapter to regulate marijuana
businesses which, unless closely regulated, have the potential of causing serious adverse secondary
effects upon the community. This chapter is intended to minimize this potential impact. To do so, the
following regulations:
A.Provide for a means of cultivation,production, manufacturing,testing, transportation,
distribution, dispensing, acquisition and use by persons who qualify to obtain,possess,and use marijuana
for purposes consistent with State law.
B.Protect public health and safety through reasonable limitations on marijuana businesses as they
relate to noise,air and water quality,food safety, community safety,security,nuisance conditions and
other health and safety concerns;
C. Promote lively street life and high quality neighborhoods by limiting the concentration of
marijuana businesses in the City;
D.Impose fees to cover the cost to the City of regulating marijuana businesses in an amount
sufficient for the City to recover its related costs,and to help mitigate against possible adverse secondary
effects;
E.Adopt a mechanism to monitor compliance with the provisions of this Chapter and State law;
F. Create regulations that address the particular needs of the residents and businesses of the City
and coordinate with laws and regulations that have been or may be enacted by the State regarding the
same, including but not limited to marijuana for medical or recreational use;
G.Facilitate the implementation of State law without going beyond the authority granted to the
City by them;
H. Allow marijuana businesses only by persons that have demonstrated an intent and ability to
comply with this Chapter and State law;
I. Protect public safety by limiting the locations in the City where marijuana businesses may
operate.
19.420.020 Definitions.
"Assessor's Parcel Number" or"(APN)"means the Assessor's Parcel Number as assigned by the San
Bernardino County Assessor and relates to the real property which it identified as of January 1,2016.
"Building" means any structure having a roof supported by columns or by walls and designed for the
shelter or housing of any person, chattel or property of any kind.
"Bureau"has the same meaning as the term as provided in MMRSA at this time,but if that definition is
amended by State law in the future,as amended. Currently under MMRSA,it means the Bureau of
Medical Marijuana Regulation within the Department of Consumer Affairs.
"Canopy"means the area of floor space covered by any part of a marijuana plant when viewed from
above.
"Cannabis"has the same meaning as cannabis or marijuana as provided in MMRSA at this time,but if
that definition is amended by State law in the future,as amended. Currently under MMRSA,Cannabis
means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether
growing or not;the seeds thereof;the resin,whether crude or purified, extracted from any part of the
plant;and every compound, manufacture,salt, derivative,mixture, or preparation of the plant, its seeds, or
resin."Cannabis"also means the separated resin,whether crude or purified, obtained from marijuana.
"Cannabis"also means marijuana as defined by Section 11018 of the Health and Safety Code as enacted
by Chapter 1407 of the Statutes of 1972."Cannabis"does not include the mature stalks of the plant, fiber
produced from the stalks, oil or cake made from the seeds of the plant,any other compound,manufacture,
salt,derivative,mixture, or preparation of the mature stalks(except the resin extracted therefrom), fiber,
oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this
chapter,"cannabis"does not mean"industrial hemp"as defined by Section 810. 00 of the Food and
Agricultural Code or Section 11018.5 of the Health and Safety Code.
"City" means City of San Bernardino, California.
"City council"shall mean the city council of the City of San Bernardino, California.
"Code" means City of San Bernardino municipal code,including development code.
"Commercial cannabis activity"has the same meaning as the term as provided in MMRSA at this time,
but if that definition is amended by State law in the future,as amended. Currently under MMRSA, it
means cultivation, possession,manufacture,processing,storing,laboratory testing,labeling,transporting,
distribution,or sale of marijuana or a marijuana product,except as set forth in Section 19319,related to
qualifying individuals.
"Conviction" means a plea or verdict of guilty,or a conviction following a plea of nolo contendere.
"Cultivation"has the same meaning as the term as provided in MMRSA at this time,but if that definition
is amended by State law in the future, as amended. Currently under MMRSA, it means any activity
involving the planting, growing, harvesting, drying,curing,grading, or trimming of cannabis.
"Cultivation Site"has the same meaning as the term as provided in MMRSA at this time,but if that
definition is amended by State law in the future,as amended. Currently under MMRSA, it means a
facility where marijuana is planted, grown, harvested, dried,cured, graded, or trimmed,or that does all or
any combination of those activities,that holds a valid state license pursuant to this chapter, and that holds
a valid local license or permit.
"Delivery"has the same meaning as the term as provided in MMRSA at this time,but if that definition is
amended by State law in the future, as amended. Currently under MMRSA,it means the commercial
transfer of marijuana or marijuana products from a dispensary,up to an amount determined by the bureau
to a primary caregiver or qualified patient as defined in Section 11362.7 of the Health and Safety Code,or
a testing laboratory. "Delivery"also includes the use by a dispensary of any technology platform owned
and controlled by the dispensary, or independently licensed under this chapter, that enables qualified
individuals to arrange for or facilitate the commercial transfer by a licensed dispensary of marijuana or
marijuana products.
"Dispensary" has the same meaning as the term as provided in MMRSA at this time,but if that definition
is amended by State law in the future,as amended. Currently under MMRSA, it means a facility where
marijuana,marijuana products, or devices for the use of marijuana or marijuana products are offered,
either individually or in any combination, for retail sale,including an establishment that delivers,pursuant
to express authorization by local ordinance,marijuana and marijuana products as part of a retail sale.
"Dispensing" has the same meaning as the term as provided in MMRSA at this time,but if that definition
is amended by State law in the future,as amended. Currently under MMRSA, it means any activity
involving the retail sale of marijuana or marijuana products from a dispensary.
"Distribution" has the same meaning as the term as provided in MMRSA at this time,but if that definition
is amended by State law in the future, as amended. Currently under MMRSA, it means the procurement,
sale,and transport of marijuana and marijuana products between entities licensed pursuant to this chapter.
"Distributor" has the same meaning as the term as provided in MMRSA at this time,but if that definition
is amended by State law in the future,as amended. Currently under MMRSA, it means a person licensed
under this chapter to engage in the business of purchasing marijuana from a licensed cultivator, or
marijuana products from a licensed manufacturer,for sale to a licensed dispensary.
"Director" means the City of San Bernardino Planning Director,-or his/her designee.
"Greenhouse"means a building, typically constructed of a translucent building material in which plants
are grown in a controlled environment. For the purposes of this chapter a cultivation site within a
Greenhouse is considered to be an indoor cultivation site.
"Indoor"means situated, conducted, or used within a building or under cover.
"Licensee" means a person issued a state marijuana business license under State law.
"Manufacturer"has the same meaning as the term as provided in MMRSA at this time,but if that
definition is amended by State law in the future,as amended. Currently under MMRSA,it means a
person that conducts the production,preparation,propagation,or compounding of manufactured
marijuana, as described in subdivision(ae), or marijuana products either directly or indirectly or by
extraction methods, or independently by means of chemical synthesis or by a combination of extraction
and chemical synthesis at a fixed location that packages or repackages marijuana or marijuana products or
labels or relabels its container,that holds a valid state license pursuant to this chapter, and that holds a
valid local license or permit.
"Manufactured cannabis"has the same meaning as the term as provided in MMRSA at this time,but if
that definition is amended by State law in the future,as amended. Currently under MMRSA, it means
raw cannabis that has undergone a process whereby the raw agricultural product has been transformed
into a concentrate,an edible product, or a topical product.
"Manufacturing site" has the same meaning as the term as provided in MMRSA at this time,but if that
definition is amended by State law in the future,as amended. Currently under MMRSA, it means a
location that produces,prepares,propagates,or compounds manufactured marijuana or marijuana
products,directly or indirectly,by extraction methods, independently by means of chemical synthesis, or
by a combination of extraction and chemical synthesis,and is owned and operated by a licensee for these
activities.
"Marijuana"has the same meaning as cannabis.
"Medical marijuana"has the same meaning as marijuana.
"Nursery" has the same meaning as the term as provided in MMRSA at this time,but if that definition is
amended by State law in the future, as amended. Currently under MMRSA,it means a licensee that
produces only clones, immature plants, seeds, and other agricultural products used specifically for the
planting,propagation, and cultivation of marijuana.
"Permit" means a marijuana business permit issued by the City that authorizes a person to conduct
commercial marijuana activity,pursuant to this chapter.
"Permittee" means a person issued a permit under this chapter to engage in commercial marijuana
activity.
"Person"has the same meaning as the term as provided in MMRSA at this time,but if that definition is
amended by State law in the future,as amended. Currently under MMRSA, it means an individual,firm,
partnership,joint venture,association,corporation, limited liability company, estate,trust,business trust,
receiver,syndicate,or any other group or combination acting as a unit and includes the plural as well as
the singular number.
"Premise"means a distinct and definite location,which may include a building,a part of a building,a
room or any other defined contiguous area.
"Parcel" means a contiguous quantity of land, in the possession of,or owned by, or recorded as the
property of the same claimant or person.
"State law"means the State Compassionate Use Act("CUA"),the State Medical Marijuana Program Act
("MMPA"), and the State Medical Marijuana Regulation and Safety Act("MMRSA"),as well as with
laws and regulations that have been or may be enacted by the State regarding the same, including but not
limited to marijuana for medical or recreational use, as it existed as of January 1,2016.
"Transport"has the same meaning as the term as provided in MMRSA at this time,but if that definition is
amended by State law in the future, as amended. Currently under MMRSA,it means the transfer of
marijuana or marijuana products from the permitted business location of one licensee to the permitted
business location of another licensee,for the purposes of conducting commercial cannabis activity
authorized pursuant to this chapter.
"Transporter"has the same meaning as the term as provided in MMRSA at this time, but if that definition
is amended by State law in the future,as amended. Currently under MMRSA, it means a person issued a
state license by the bureau to transport marijuana or marijuana products in an amount above a threshold
determined by the bureau between facilities that have been issued a state license pursuant to this chapter.
"Zoning code" means Title 19(zoning)of the Code.
19.420.040 Location,type, and numerical limits requirements.
To provide for safe, convenient access for the citizens and patients of San Bernardino:
A. Marijuana businesses shall only be located within the M-B Overlay 1 or M-B Overlay 2,and shall not
be located:
1.Within the distance restrictions of the uses as described in Business and Professions Code
Section 19322 as of January 1,2016; or
2.Within 600 feet from any property zoned RE,RL,RS, RU,RM,RMH,or RH as of January 1,
2016.
The distances specified in this section shall be measured in a straight line,without regard to intervening
structures, from the nearest point of the property line of the premises in which the proposed marijuana
business is to be established to the nearest point of the property line of a use or zoning classification listed
above.
Non-conforming residential uses are not sensitive uses.
The subsequent establishment of a sensitive use or sensitive zone as outlined in this section shall not
disqualify an existing marijuana business.
B.Only the following marijuana business state license types:Cultivation(IA, 1B,2A,213,and 4);
Manufacturing(6,7);Testing(8);Dispensary(10, 10a);Transportation(11);and Distribution(12)as
defined in the State law will be allowed within the M-B Overlay zones as follows:
Table 1:
State License Types Allowed by M-B Overlay zones
I M-B Overlay zone ___ ' State License Type -sv�-�-
M-B Overlay 1 1A, 113, 2A,213,4,6,7, 8, 11 and 12
M-B Overlay 2 l A,6, 8, 10, 10A, 11 and 12
C.Assignment of M-B Overlay 1 and M-B Overlay 2 on Specific Parcels. Table 2(Assignment of M-B
Overlay I and M-B Overlay 2 by Parcel)lists every parcel within the City that is included in either M-B
Overlay 1 or M-B Overlay 2.
Table 2:
Assignment of M-B Overlay 1 and M-B Overlay 2 by Parcel.
... ..........--...................... . ,.. ..... .................... .............. .
APN ; Overlay Zone APN Overlay Zone
0136-462-01 i M B Overlay 1 , 0136-451-12 M-B Overlay 1
0136-462-02 } M-B Overlay 1 ; 0136-451-13 M-B Overlay 1
.. _
0136-462-03 M B Overlay 1 0136-451 14 M-B Overlay 1
i _....... _ ..
0136-462-04 M-B Overlay 1 0136-451 16 M-B Overlay 1
i
0136-462-05 i M B Overlay 1 0136-451 17 M-B Overlay 1
..__. _
0136-462-06 M B Overlay 1 0136-451-22 M-B Overlay 1
0136-462-07 t M B Overlay 1 0136-441 02 M-B Overlay 1.. . .
¢
0136-462-08 M B Overlay 1 0136-441-03 M-B Overlay 1
L ..
0136-462-09 1 M B Overlay 1 i 0136-441 04 M-B Overlay 1
t .......... . _
0136 462-10 M B Overlay 1 0136-411-01 M-B Overlay 1
_ _..
0136-462-11 M B Overlay 1 0136-411-02 M B Overlay 1
0136-462-12 M B Overlay 1 t 0136-411-03 M-B Overlay 1
0136-462-13 r M B Overlay 1 0136-411-04 M-B Overlay 1
0136-462-14 M B Overlay 1 0136-411-05 M-B Overlay 1
0136-462-16 M B Overlay 1 0136-411 06 M-B Overlay 1
y - _._.-_
_. ._.
,
0136-452-01 � M B Overlay 1
0136-411 07 M-B Overlay 1
1
0136-452-02 M B Overla y 1 0136-411-08 M B Overlay 1
_ _...
0136-452-03 M B Overlay 1.... ; 0136-411-09 ! M-B Overlay.l..._.
......--._.... .
0136-452-04 I M-B Overlay 1 0136-411-10 M-B Overlay 1
0136-452-05 M-8 Overlay 0136-411-11 M B Overlay 1
..__....---._. _ . ..__ ....... �- .. ...................Y
0136-452-06 iMB Overlay 1 ! 0136-411-12 i M-B Overlay 1
_.... . _. ...... ........ -------- ._. .._ ........ ... __. _.....
0136-452-07 iMB Overlay 1 0136-411 13 M-B Overlay 1
t ....
0136-452-08 M-B Overlay 1 0136-411-14 M B Overlay 1
_...._......._..... ...__....._____.__.__.....__.
0136-452-10 �._-M B Overlay 1 .._..... 0136-411-15 M-B Overlay 1
0136-452-11 M B Overlay 1 0136-421-01 M B Overlay 1
i
_... ...._.._ _.._. _....._
0136-452-12 _.M-B Overlay 1 0136-421-02 -- - M-B Overlay 1-
0136-452-13
M B Overlay 1 , 0136-421 03 M-B Overlay 1
_..._... .......
1 0136-452-14 M_B Overlay 1 0136 421-04 - M-13 Overlay 1
__.._.... __._. ...
0136-452-15 1 M B Overlay 1 0136-421-05 , M-B Overlay 1
... . _.-.
0136-452 16 M B la
__..... Y 1 0136-421-06..._._. M-B Overlay 1
Over
j 0136-452-17 _._M-B Overlay 1 _. 0136-421-07 M-B Overlay l____.
0136-452-18 ; M B Overlay 1 { 0136-421 08 M-B Overlay 1
.. _....... .. .
0136-452-19 M-B Overlay 1 0136-421-09 M-13 Overlay 1
. -
0136-452-23 M B Overlay 1 0136-412-01 M-B Overlay 1
-._ ...
0136-452.,24 ,, i, M.B_Overlay._1„__„,, ,,,,,,,,,,,,,, 0136-412-02,.,, M-B Overlay 1 ;
i 0136-452-25 M B Overlay 1 0136-412 03 M-B Overlay 1
__.... ... _. _... _.. _..._ .. .:,.
0136-452-26
i M-B Overlay 1 0136-412-04 j M-13 Overlay 1
----........
1
0136-442-01 I ... 0136-412-05........... ..
0136-442-02 M B Overlay 1 0136-412-06 M-B Overlay 1
0136-442-03 I M-B Overlay 1 0136-412-07 M-13 Overlay 1
0136-442-04 ! M-B Overlay 1 0136-412-08 M-13 Overlay 1
__
0136-442-05 M B Overlay 1 1 0136-412-09 M-B Overlay 1
0136-442-06 M B Overlay 1 t 0136-412-10 M-B Overlay 1
......... _.._.._.
0136-442-07 M-13 Overlay 1 E 0136 412 11 M-8 Overlay 1
..., .-
0136-442-08 M B Overlay 1 i 0136-412-12 M-B Overlay 1
ij ._,. ......
0136-431-14 M B Overlay 1 0136-412-14 M B Overlay 1
.
0136-431-15 M-B Overlay 1 ! 0136-412-28 M-B Overlay 1
0136-431-33 , M B Overlay 1 0136-422-01 M-B Overlay 1
........... ..
0136-431-34 M B Overlay 1 i 0136 422-02 M-13 Overlay 1
i
0136-461-01 M B Overlay 1 1 0136-422 03 M-B Overlay 1
......-.. _.._ _ _
0136-461-02 M-13 Overlay 1 i 0136.422 04 M-B Overiay 1
0136-461-03 M-B Overlay 1 !: 0136-422-05 M-B Overlay 1
- _
0136-461-04 M B Overlay 1 1 0136 422 06 j M-B Overlay 1
.... .
1
0136-461-OS M B Overlay 1 0136-422 07 M-B Overlay 1
f 0136-461-06 iMB Overlay 1 0136-422-08 M-13 Overlay 1
0136-461-07 , M B Overlay 1 0136-422-09 M-B Overlay 1
_.__.... .... -......_.. . ... ............ __
0136-461-08 M-13 Overlay 1 0136-422-10 M-B Overlay 1
0136-461-09 iMB Overlay 1 0136-422-11 M-13 Overlay 1
0136-461-10 M-B Overlay.l 0266-362-25 M-B Overlay 1..._
0136-461-11 M B Overlay 1 0266-362-10 M-B Overlay 1
0136-461-12 1 M B Overlay 1 - 0266-362-07 M-13 Overlay 1
1'.0136-461-13 ! M B Overlay 1 , 0266-362 06 M-B Overlay 1
0136-461-14 M B Overla 1 0266-362-01 M-e Overlay 1
y
0136-461-15 I M B Overlay 1 0266-362-24 M-B Overlay 1
i 0136-461-16 M B Overlay 1 0266-362 05 M-B Overlay 1
--
0136-461-17 ! M B Overlay 1 0266-362-03 M-B Overlay 1
0136.451-01 1 M-B Overlay 1 0266-362 04 M-B Overlay 1
..... .
0136-451-02 { M-B Overlay 1 ; 0266-362-20 t M-B Overlay 1
0136-451-03 M B Overlay 1 0266-362-19 M B Overlay 1
_ s
0136-451-04 M-B Overlay 1 ; 0266 362-18 j M-B Overlay 1
. _.__._. __.
0136-451-07 1 M-13 Overlay 1 ? 0266-362-17 M-B Overlay 1
0136-451-08 ; M-B Overlay 1 1 0266-362-16 M-B Overlay 1
0136-451 09 M-B Overlay 1 ? 0266-721 04 M B Overlay
__....___._. _.. .. - ___...
_...y...
0136-451-10 1 M-B Overlay 1 0266-721-01 M-13 Overlay 1
0136-451-11 t M B Overlay 1 0266-721-02 M-B Overlay 1
......
0154-241-38 ; M B Overlay 2 M B Overlay 1 0266 363 33
_
r
0149-191-24 I M B Overlay 2 i 0266-363-34 M B Overlay 1
0150-323-05 M B Overlay 2 1 0266-363-63 M-B Overlay 1
0285.71.76.701-1-1111, i M 8 Overlay 2 0266-363-62 M-B Overlay 1
0114-201-61 M B Overlay 2 0146-241-16 M-13 Overlay 2
t 0146-241-12 i •M-B Overlay 2 0138-081-19 I M-B Overlay 2
0138-081 18 ; M-B Overlay 2 0141-222 24 M-B Overlay 2
t . . .. - . . _ ..--- 1 - ._... ....y.. . ._.
0141-222-26 M-B Overlay 2 0135-081-34 M-B Overlay 2
- .. _. -
1
0135-081-20 M_B Overlay 2 081-22 M-B Overlay 2
0135-081-21 M-B Overlay 2 0135-081-28 M-B Overlay 2
0141-412-38 I M-B Overlay 2 1 0142-541-37 M-B Overlay 2
D.Should a lot be split or a different Assessor's Parcel Number(APN)be assigned,for any reason, in
whole or in part,to any real property listed in the table above, all rights,permissions,and restrictions
granted by the establishment of the overlay zone shall run with the real property as identified by the APN
in Table 2 of this Chapter as of January 1,2016.
E. No more than a total of five(5)marijuana business dispensaries may operate within the City at any
one time.
19.420.050 Development Standards.
The following development standards shall apply to:
A. All marijuana businesses
1. No marijuana business shall be located in any temporary or portable structure.
2. Trash dumpsters shall be enclosed by a screening enclosure so as not to be accessible to the
public.
3. No exterior door or window on the premises shall be propped or kept open at any time while the
business is open,and all exterior windows shall be covered with opaque covering at all times.
4. Permanent barriers shall be installed and maintained to screen the interior of the premises from
public view for each door used as an entrance or exit to the business.
5. The entire exterior grounds,including the parking lot,shall be lighted in such a manner that all
areas are clearly visible at all times.
6. Signage shall conform to the standards established for the zone and shall not contain marijuana
oriented photographs,silhouettes or other marijuana oriented pictorial representations.
7. All entrances to marijuana businesses shall be clearly and legibly posted by a notice indicating
that minors are prohibited from entering the premises.
8. No residential structure shall be converted for use as a marijuana business.
9. No marijuana business shall be operated in any manner that permits the observation of any
persons or material depicting,describing or related to specified marijuana activities inside the
premises,from any public way or from any location outside the building or area of such
establishment.This provision shall apply to any merchandise, display, decoration,sign,show
window or other opening.
10. All exterior areas of the marijuana business,including buildings,landscaping,and parking areas
shall be maintained in a clean and orderly manner at all times.
11. Any business license or permit required by this Code shall be kept current at all times
12. Shall install and maintain a fully operational digital video surveillance and camera recording
system that monitors no less than the front and rear of the Premises,all points of ingress and
egress at the marijuana business. The video and surveillance system shall, at a minimum meet the
following requirements:
a. Capture a full view of the public right-of-ways and any parking lot under the control of
the marijuana businesses;
b. Be of adequate quality,color rendition and resolution to allow the ready identification of
any individual committing a crime anywhere on or adjacent to the exterior of the
property;
c. Record and maintain video for a minimum of fourteen(14) days.
13. Install and use a fire and burglar alarm system that is monitored by a company that is staffed
twenty-four hours(24)a day,seven(7)days a week.
14. Shall not maintain more marijuana on the premises than is permitted under applicable State law.
15. Report to the proper authorities any diversion,theft,or loss as required by State law.
16. Shall be ventilated so that the odor of marijuana cannot be detected at any property adjoining the
parcel on which the marijuana business is located.
17. Shall operate in a manner consistent with State law governing the activities of their marijuana
business license type.
B. Marijuana business dispensaries
1. Shall not operate or be open between the hours of 12:00 a.m.(midnight) -and 6:00 a.m.
2. Shall install and use a safe for storage of any processed marijuana and cash on the property when
the business is closed to the public. For marijuana-infused products that must be kept refrigerated
or frozen,the business shall lock the refrigerated container or freezer in place.
3. No person, other than a qualified patient,qualified customer, permittee,licensee, employee,
contractor or individual authorized by State law,shall be in the marijuana business dispensary.
4. Consultations by medical professionals shall not be permitted within the marijuana business
dispensary.
5. Smoking Prohibition.Smoking of Tobacco in all workplaces,including marijuana dispensaries is,
prohibited. However,recognizing that some qualified patients may have an immediate medical
need,consumption of edible marijuana products,marijuana tinctures,smoking of marijuana
and/or vaporizing of marijuana is permitted,provided such consumption occurs within the
dispensary and is not visible from any public place.
19.420.060 Permitted zone classification.
Premises may be used for marijuana businesses only in zones M-B Overlay 1 and M-B Overlay 2 in
accordance with section 19.420.040 of this chapter.
19.420.070 Marijuana business permit—Required.
No marijuana business shall be established until an application for a marijuana business permit is
approved by the director pursuant to the procedures set forth in this chapter.
19.420.080 Marijuana business permit—Application.
Applications for a marijuana business permit or marijuana business permit renewal shall be filed,with
a director, on a form supplied by the city. An application for a marijuana business permit or renewal shall
be filed in a manner consistent with the requirements contained in Chapter 19.32(Applications and Fees).
Such application shall contain:
A. The name and address of the applicant;
B. Evidence that the applicant:
1. Is the owner of the premises involved, or
2. Has the permission of such owner to make such application, or
3. Is or will be the plaintiff in an action in eminent domain to acquire the premises involved;
C. The legal description of,and if there is a street address,the street address,otherwise a description
of,the premises upon which the requested use is to be maintained;
D. If the applicant is not the owner,the name and address of the owner,and the nature of the
applicant's interest in the premises involved;
E. A detailed site plan showing, at a minimum, the proposed location of all buildings and structures,
landscaped areas,parking areas, driveways and means of ingress and egress;
F. A statement detailing the uses for each building and structure as shown on the site plan;
G. A detailed facility floor plan showing,at a minimum,the proposed uses of the floor area depicted
on the floor plan. The floor plan need not be professionally prepared,but must be drawn to a designated
scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six
inches.
H. Three copies of white background prints of a map drawn to scale specified by the city engineer,
showing the location of the property concerned, and the location of all highways,streets and alleys and all
lots and parcels of land within a distance of six hundred feet from the exterior boundaries of the proposed
use;
I. One copy of the map referred to in subsection Hof this section shall show the use to which each
and every lot and parcel of land is put;
J. A plan for ventilation of the marijuana business that describes the ventilation system that will be
used to prevent any odor of marijuana off the premises of the business.
K. Live Scan fingerprints of the applicant to enable the San Bernardino Police Department to
perform a background check on the applicant.
L. A fully legible copy of one valid government issued form of photo identification, such as a State
Driver's License or Identification Card showing that the applicant is 21 years of age or older.
M. A signed statement by the applicant that he/she certifies under penalty of perjury that all
information contained in the application is true and correct.
19.420.090 Application fee.
When a marijuana business permit application is filed, it shall be accompanied by a filing fee in the
amount of two hundred fifty dollars($250.00).
19.420.100 Permit application and renewal—Review and approval.
A. Within 30 days after the application has been submitted,the director shall review the application,
cause the property to be inspected as he or she deems appropriate, and shall approve, or deny the
application under the following conditions:
1. The director will issue the marijuana business permit if all applicable requirements of this
chapter and this Code are satisfied.
2. If the director finds that any of the applicable requirements of this chapter or this code are
not satisfied,or finds that the applicant has been previously found guilty of a felony within the
last 10 years,or finds evidence that the applicant has provided materially false information,the
application will be denied.
19.420.110 Permit fee.
A. When a marijuana business permit application is approved or renewed,permittee shall remit to the
City a permit fee in the amount of set forth by State issued license type below:
1.Marijuana business cultivation-Any and all State License Type IA, 1B,2A, and 2B marijuana
businesses shall pay an annual fee of five dollars($5.00)per square foot of canopy as defined in
this Code.
2.Marijuana business manufacturing-Any and all State License Type 6,and 7 marijuana
businesses shall pay an annual fee of five dollars($5.00)per square foot of the premises occupied
by such businesses.
3. Marijuana business testing- Any and all State License Type 8 marijuana businesses shall pay
an annual fee of five dollars ($5.00)per square foot of the premises occupied by such businesses.
4. Marijuana business distribution-Any and all State License Type 11 marijuana businesses shall
pay an annual fee of one hundred dollars($100.00)per transportation and distribution vehicles
and five dollars($5.00)per square foot of the premises in which their offices and marijuana
storage facilities occupy.
5.Marijuana business transportation-Any and all State License Type 12 marijuana businesses
shall pay an annual fee of one hundred dollars($100.00)per transportation and distribution
vehicle and five dollars($5.00)per square foot of the premises in which their offices and
marijuana storage facilities occupy.
6.Marijuana business dispensaries-Any and all State License Type 10,and IOA marijuana
businesses shall pay an annual fee of five dollars($5.00)per square foot of the premises occupied
by such businesses.
7.Marijuana business nurseries—Any and all State License Type 4 marijuana businesses shall
pay an annual fee of one dollar($1.00)per square foot of canopy as defined in this Code.
B. The permit fees generated shall be deposited into the general fund and the City Council shall consider
the following priorities before distributing the funds:
1.Enforcement of this provision.
2.Mitigating possible adverse effects on local area youth through support of after school
programs,drug education,and at risk youth programs
3.Infrastructure improvements within the City limits.
4.Funding of City employee pension obligations.
C.The City Council may impose the fees authorized by this section at a lower rate. No action by the City
Council under this subsection shall prevent the City Council from subsequently increasing the fee rate for
marijuana business permits to the maximum rates specified in section 19.420.110.
19.420.115 Delivery.
Retail delivery of marijuana within the City of San Bernardino shall only be permitted by marijuana
businesses that hold a valid state issued dispensary license and a valid marijuana business permit issued
by the City of San Bernardino.
19.420.120 Conflicts.
In the event any provision of this Chapter 19.420 conflicts with any provision of the San Bernardino
Municipal Code,including the Development Code,now or hereinafter enacted,the provisions of this
Chapter shall prevail over the conflicting Municipal Code or Development Code provision.
19.420.130 Compliance with applicable State law
Except as may be provided otherwise in this Chapter,any law or regulation adopted by the State
governing the cultivation, production,manufacture,possession,transport,testing, or distribution of
marijuana shall also apply to marijuana businesses in the City. This includes, but is not limited to State
laws and regulations regarding: use of childproof product containers; labeling;patient confidentiality;
quality control; laboratory testing; edible and infused products standards and testing; employee training;
delivery;and odor control. Noncompliance with any applicable State law or regulation is unlawful and
shall be grounds for revocation or suspension or any permit under this Chapter.
19.420.140 Suspensions or revocations.
The director may suspend or revoke a marijuana business permit if he/she finds that one or more of the
following conditions exist:
A. The marijuana business does not comply with, and fails to remedy such non-compliance in a
timely manner, any of the requirements outlined in Section 19.420.050 of this Chapter;
V �
B. The business owner,its employee,agent or manager has been convicted in a court of competent
jurisdiction of:
1. Any violation of any statute, or any other ordinance arising from any act performed in the
exercise of any rights granted by the permit,the revocation of which is under consideration, or
2. Any offense involving the maintenance of a nuisance caused by any act performed in the
exercise of any rights granted by the permit the revocation of which is now under consideration;
C. The business owner, its employee, agent or manager has knowingly made any false,misleading
or fraudulent statement of material fact in the application for a permit.
19.420.150 Appeals.
Any person aggrieved by a decision of the director made under this chapter has the right to appeal such
decision as follows:
A. Notice of Appeal. Any decision of the director made under this chapter will become final within
ten days from the date such notice is served,unless within that ten-day period an appeal is filed with the
city clerk,including payment of the applicable fee established by city council resolution. The appeal
notice must state,with specificity,the factual and legal basis of the appeal.
B. Scheduling of Appeal Hearing.The city clerk will expeditiously schedule a hearing before a
hearing officer and notify the appellant,in writing, of the day,time and location of the hearing,which
may be held no later than thirty days after the notice of appeal is received by the city;provided,however,
the hearing may be held after such thirty-day period upon the request or concurrence of the appellant.The
time for compliance of any original order will be stayed during the pendency of the appeal hearing.
C. Hearing by Hearing Officer. The hearing officer will consider the testimony of the appellant,city
staff or agents,and any other testimony or evidence relevant to the decision. The hearing officer must
provide the appellant with a written decision within ten days from the date of the conclusion of the
hearing. The decision of the hearing officer will be final and conclusive.
D. Any person dissatisfied with the hearing officer's decision may seek prompt judicial review of
such decision pursuant to California Code of Civil Procedure Section 1094.8.
19.420.160 Severability
If any provision in this Chapter,or part thereof, or the application of any provision or part to any person
or circumstance is held for any reason to be invalid or unconstitutional,the remaining provisions and
parts shall not be affected,but shall remain in full force and effect,and to this end the provisions of this
Chapter are severable.
SECTION 6: REPEAL OF EXISTING CITY OF SAN BERNARDINO CODE
A. Chapter 5.05 of Title 5 of the City of San Bernardino Municipal Code is hereby repealed.
B. Section 19.06.026 of Chapter 19.06 of Title 19 of the City of San Bernardino Municipal Code is
hereby repealed.
2016 APR --G Plil 3: 44
N
N '
co
N
N
N
cu
c
c6
W
to
c
.N
O
CL
O
CL
C d
CL
a
O
CL
as
E
Z,
Acknowledgement of Proponent
OIb APR --6 Pry :3. 44
I, U f�(1�,?,✓t� &k)j.8 )A , acknowledge that it is a misdemeanor under state
(Print Name)
law(Section 18650 of the Elections Code)to knowingly or willfully allow the signatures
on an initiative petition to bey used for any purpose other than qualification of the
proposed measure for the ballot. I certify that 1 will not knowingly or willfully allow the
signatures for this initiative to be used for any purpose other than qualification of the
measure for the ballot.
Signatur
Dated this L� day of 20--Z,!!�
Notice of Intent to Circulate Petl,tiW�
PR -6 PI'1 3: 44
Notice is hereby given by the persons whose names appear hereon of their intention to
circulate the petition within the City of San Bernardino, CA for the purpose of regulating
the marijuana industry. A statement of the reasons of the proposed action as contemplated
in the petition is as follows:
• Protect the public health and safety through reasonable limitations on marijuana
businesses.
• Create regulations that address the particular needs of the residents and businesses
of the City and coordinate with laws and regulations that have been or may be
enacted by the State.
• Provide for a means of cultivation,production,manufacturing, testing,
transportation, distribution, dispensing, acquisition and use of marijuana by
persons who qualify to obtain,possess, and use marijuana for purposes consistent
with State law.
• Bring 800+ living wage jobs to the City of San Bernardino.
• Provide annual revenue of between 15 and 21 million dollars to the City of San
Bernardino's General Fund.
Vincent z n
San Bernardino,CA
ttV�.:
Request that a Ballot Title and Summa be prepared b the City Attorne
ZOt, APR -G
I, Go z Ama!,,8 , a resident of the City of San Bernardino and a
(Print Name)
proponent of the Regulate Marijuana Act submitted to the City Clerk of San Bemadino
today, - /, 2016,request that the City Attorney of San Bernardino
-- -�
prepare a Ballot Title and Summary for the proposed measure. .
Print Name: 'yi��� `C �UZ o•✓ti
Signature: i/� -a�
INITIATIVE MEASURE TO BE SUBMITTED DIREW ,y TA9 PI VOTERS
The City Attorney of the City of San Bernardino has prepared the following title and
summary of the chief purpose and points of the proposed measure:
BALLOT TITLE
A Proposed Measure Adopting Regulations Establishing Standards for the Operation of Medical
Marijuana Businesses within the City of San Bernardino and Repealing Existing Municipal Code
Provisions Prohibiting Medical Marijuana Uses.
BALLOT SUMMARY
This measure, titled "San Bernardino Regulate Marijuana Act of 2016" ("SBRMA") would
repeal the City of San Bernardino's ban on certain medical marijuana uses and would establish
regulations for the location, operation, and permitting of medical marijuana uses in the City of
San Bernardino ("City").
The Mayor and Common Council, citing public health and safety concerns regarding medical
marijuana uses and concerned about the status of state and federal law, passed Ordinance No.
MC-1349 in 2011 prohibiting medical marijuana uses within the City. The Ordinance makes the
establishment or operation of medical marijuana uses unlawful subject to administrative fines,
misdemeanor criminal prosecution, or civil nuisance abatement.
The SBRMA would repeal this ban and create operation regulations for lighting, signage,
security, odor control, and operating hours for medical marijuana uses. Medical marijuana
businesses would be required to obtain a permit by applying to the Director of Community
Development and would be required to pay a $250 application fee. Additional fees would be
allowed based on the type of marijuana license type and total square footage. Deliveries within
the City would only be permitted by state licensed dispensaries holding a City permit. Persons
convicted of certain felonies would be prohibited from operating a medical marijuana business.
The SBRMA would allow medical marijuana uses in two newly created overlay zones: M-B
Overlay 1 and M-B Overlay 2.
M-B Overlay 1 allows indoor and mixed-light cultivation, manufacturing with and without
volatile solvents,nurseries,testing,distribution, and transportation.
M-B Overlay 1 consists of two areas zoned Industrial Light. The first area is generally defined
by Orange Show Road to the South, Waterman Avenue to the East, Central Avenue to the North,
and a flood control channel to the West. The second area is generally defined by University
Parkway to the South, Interstate 215 to the East, a flood control channel to the North, and Cajon
Boulevard to the West.
EXHIBIT "B"
1
2
3
4
5
6
7
s
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(Amended 2016-168)
RESOLUTION NO. 2016-177
/�w4ee o
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO CALLING A SPECIAL ELECTION FOR THE PURPOSE OF
CONSIDERING THE SAN BERNARDINO REGULATE MARIJUANA ACT OF _ 2016,
REQUESTING THAT THE SPECIAL ELECTION BE CONSOLIDATED WITH THE
PRESIDENTIAL GENERAL ELECTION CONDUCTED ON NOVEMBER 8, 2016 AND
AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE ELECTION.
WHEREAS, on April 6, 2016 Vincent Guzman ("Proponent"), a resident of the City of San
Bernardino, filed a Notice of Intent to Circulate a Petition, attached hereto as Exhibit "A" and
incorporated herein by this reference, with the City Clerk for the San Bernardino Regulate Marijuana
Act of 2016 (the "Initiative"); and
WHEREAS, on April 21, 2016 the City Attorney transmitted to the City Clerk a Ballot Title
and Summary, attached hereto as Exhibit `B" and incorporated herein by this reference; and
WHEREAS, on June 8, 2016 the Proponent turned in signed petitions to the City Clerk for
certification; and,
WHEREAS, the City Clerk, having reviewed the signatures, has issued her certification that
the petition has the number of signatures required to submit an initiative to the Mayor and Common
Council pursuant to Section 120 of the Charter of the City of San Bernardino; and
WHEREAS, the Mayor and Common Council, having reviewed the initiative, has decided to
submit the issue directly to the voters instead of adopting the measure without alteration.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the recitals and findings set forth above are hereby adopted by this
reference.
SECTION 2. That the San Bernardino Regulate Marijuana Act of 2016 shall be
submitted to the voters at a Special Election.
SECTION 3. S cial Municipal Election Called. A special municipal election is hereby
called and will be held in the City of San Bernardino on Tuesday, November 8, 2016, for the
1 purpose of submitting to the qualified electors of the City, for their approval or disapproval, the
2 San Bernardino Regulate Marijuana Act of 2016 as set forth in Exhibit "A" attached hereto.
3
SECTION 3. Reguest for Consolidation of Elections. Pursuant to Section 10400 of the
4
California Elections Code, the Mayor and Common Council of the City of San Bernardino
5
6 request that the Board of Supervisors of the County of San Bernardino consolidate the City's
7 special municipal election with the statewide general election to be held on November 8, 2016.
8 The polls for said election shall be open at 7:00 a.m. of the day of said election and shall
9
remain open continuously from said time until 8:00 p.m. of the same day when said polls shall be
10
11 closed, except as provided in Section 14401 of the California Elections Code.
12 SECTION 4. The full text of the measure is set forth in Exhibit "A" to this resolution
13 11 and is incorporated herein by this reference. Said measure shall appear upon the ballots for said
14
Special Election in substantially the following form:
15
MEASURE _ YES ND
16 COMMERCIAL MARIJUANA ACTIVITY.
17 Shall the San Bernardino Regulate Marijuana Act
of 2016 be enacted in the City of San Bernardino?
18 The measure shall be designated on the ballot by a letter printed on the left margin of the
19
square containing the description of the measure as provided in the California Elections Code.
20
SECTION 5. Canvass of Returns. The Registrar of Voters of the County of San
21
22 Bernardino is hereby authorized to canvas the returns of the special municipal election in all
23 respects as if there were only one election with only one form of ballot. Results of said special
24 election shall be certified by the Mayor and Common Council of the City of San Bernardino.
25
SECTION 6. Notice of Election. The City clerk is hereby directed to publish a notice of
26
27 the special municipal election which shall contain the following:
28 A. The date of the election;
Pa
k
1 B. The hours the polls will be open;
2 C. That the last day for receipt of primary arguments for or against the measure has been
3
established as 5:00 p.m. on August 24, 2016 in the City Clerk's Office, Second Floor,
4
City Hall, 300 North "D" Street, San Bernardino, California;
s
6 D. That the last day for receipt of rebuttal arguments is 5:00 p.m. on September 6, 2016
7 in the City Clerk's Office at the above location.
8 The City Clerk is directed to make arrangements to accept arguments and to arrange for
9
sample ballots, which shall include the text of the San Bernardino Regulate Marijuana Act of
to
11 2016, in accordance with the California Elections Code. This notice may be combined with a
12 notice of any other municipal election to be held on the same date.
13 SECTION 7. Conduct of Election. The special municipal election so called shall be held
14
in such precincts and at such polling places as shall be determined by the Registrar of Voters of
15
the County of San Bernardino. The Board of Supervisors of the County of San Bernardino is
16
17 hereby requested to issue instructions to the Registrar of Voters to take all steps necessary for the
18 holding of the consolidated election. The City Manager is hereby authorized to execute a
19 contract for services necessary for conducting the special municipal election. The City of San
20
Bernardino recognizes that additional costs will be incurred by the County by reasons of this
21
22 consolidation and agrees to reimburse the County for any such costs.
23 SECTION 8. Filing of Resolution. The City Clerk of the City of San Bernardino is
24 directed to file a certified copy of this Resolution with the Board of Supervisors of the County of
25
San Bernardino and to file a copy of this Resolution with the Registrar of Voters.
26
SECTION 9. Transmission of Ballot Initiative. Pursuant to the California Elections
27
28 Code, the City Clerk is hereby directed to transmit a copy of the San Bernardino Regulate
N
1 Marijuana Act of 2016 Ballot Initiative, and all other necessary documents, to the City Attorney
2 for purposes of preparation of an Impartial Analysis.
3
SECTION 10. That the City Clerk is authorized to expend the funds necessary to
4
5 effectuate the purposes of this resolution.
6 ///
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24 ///
25
26
27
28
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO CALLING A SPECIAL ELECTION FOR THE PURPOSE OF
CONSIDERING THE SAN BERNARDINO REGULATE MARIJUANA ACT OF 2016,
REQUESTING THAT THE SPECIAL ELECTION BE CONSOLIDATED WITH THE
PRESIDENTIAL PRIMARY ELECTION CONDUCTED ON NOVEMBER 8, 2016 AND
AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE ELECTION.
I HEREBY' CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the
15" day of August, 2016, by the following vote, to wit:
E Council Members:
MARQUEZ
BARRIOS
i
VALDIVIA
SHORETT
NICKEL
RICHARD
AYES NAYS ABSTAIN
//
MULVIHILL X
GeorgeX n Hanna, CWC, City Clerk
The foregoing Resolution is hereby approved this All— day of August, 2016.
r -
R. Carey Dav' , Mayor
City of San Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
By.
5
SAN BERNARDINO REGULATE MARIJUANA ACT OF 2016
2016 Q °R_ - 7 P.M 3: 3 7
The People of the City of San Bernardino do ordain as follows:
SECTION l: TITLE
This initiative shall be known as and may be cited as the San Bernardino Regulate Marijuana Act of 2016.
SECTION 2: FINDINGS AND DECLARATIONS
We the people of the City of San Bernardino do find and declare the following:
A. The people of the State of California have enacted Proposition 215, the Compassionate Use Act of
1996 ("CUA') (codified in Health and Safety Code Section 11362.5 et seq.), which allows for the
possession and cultivation of marijuana for use by certain qualified persons.
B. In 2004, the State of California enacted Senate Bill 420, the Medical Marijuana Program Act
("MMPA') (codified in California Health and Safety Code section 11362.7 et seq.), which purports to
clarify the scope of the CUA and which also recognized the right of cities and other governing bodies to
adopt and enforce rules and regulations consistent with the MMPA.
C. In 2015, the State of California passed the Medical Marijuana Regulation and Safety Act
("MMRSA") to provide a State framework for licensure and regulation of medical marijuana within the
State, while continuing to recognize the authority of local governments to regulate medical marijuana
related activity within their respective jurisdictions.
D. Without regulation, the cultivation and manufacturing of marijuana, and its subsequent
transportation, distribution, and dispensation has potential adverse effects to the health and safety of the
community. By creating a fair and reasonable regulatory environment for marijuana businesses, the City
will be able to maintain order while avoiding undue burdens on its financial resources.
E. Bringing marijuana into a regulated and legitimate market will create a transparent and accountable
system City revenues from a legal and regulated market can cover not only the cost of administering the
new law, but can also be used to invest in many programs, including but not limited to; public health
programs that educate youth to prevent and treat serious substance abuse; train local law enforcement to
enforce the new law; invest in the community to reduce the illicit market and create job opportunities.
SECTION 3: PURPOSE AND INTENT
It is the intent of the people of the City of San Bernardino in enacting this measure to:
A. Provide for a means of cultivation, production, manufacturing, testing, transportation,
distribution, dispensing, acquisition and use of marijuana by persons who qualify to obtain,
possess, and use marijuana for purposes consistent with State law.
B. Protect public health and safety through reasonable limitations on marijuana businesses as they
relate to noise, air and water quality, food safety, community safety, security, nuisance conditions
and other health and safety concerns.
C. Promote lively street life and high quality neighborhoods by limiting the concentration of
marijuana businesses in the City.
D. Impose fees to cover the cost to the City of regulating marijuana businesses in an amount
sufficient for the City to recover its related costs, and to help mitigate against possible adverse
secondary effects.
E. Adopt a mechanism to monitor compliance with the provisions of this City Code and State
law.
F. Create regulations that address the particular needs of the residents and businesses of the City
and coordinate with laws and regulations that have been or may be enacted by the State regarding
the same, including but not limited to marijuana for medical or recreational use.
G. Facilitate the implementation of State law without going beyond the authority granted to the
City by the State.
H. Allow marijuana businesses only by persons that have demonstrated an intent and ability to
comply with this City Code and State law.
I. Protect public safety by limiting the locations in the City where marijuana businesses may
operate.
SECTION 4: AMMENDMENT OF DEVELOPMENT CODE
Section 19.02.060(1), Establishment of Zoning Districts, is hereby amended to add Marijuana Business
Overlay I (M -B Overlay 1) -and Marijuana Business Overlay 2 (M -B Overlay 2).
SECTION 5: ADDITION OF CHAPTER 19.420, "MARIJUANA BUSINESS OVERLAY ZONES
(M -B OVERLAY)," TO TITLE 19 OF THE CITY OF SAN BERNARDINO MUNICIPAL CODE
Chapter 19.420, entitled, Marijuana Business Overlay Zones (M -B Overlay), of Title 19, entitled Zoning,
of the City of San Bernardino Municipal Code is added to read as follows:
CHAPTER 19.420 MARIJUANA BUSINESS OVERLAY ZONES (M -B OVERLAY)
19.420.010 Intent and purpose.
It is the intent and purpose of the marijuana business overlay zones (hereinafter zone "M -B Overlay 1"
and zone "M -B Overlay 2") to allow marijuana businesses in portions of the commercial and industrial
zones where such uses would be consistent with the general plan, compatible with surrounding
commercial and industrial uses and not materially detrimental to adjacent properties; it is the further
intent of this chapter to regulate the location, cultivation, production, manufacturing, testing,
transportation, distribution, dispensing, acquisition and use of marijuana in a manner that is consistent
with the State Compassionate Use Act ("CUA"), the State Medical Marijuana Program Act ("MMPA" ),
and the State Medical Marijuana Regulation and Safety Act ("MMRSA"), as well as with laws and
regulations that have been or may be enacted by the State regarding the same, including but not limited to
marijuana for medical or recreational use; it is the further intent of this chapter to regulate marijuana
businesses which, unless closely regulated, have the potential of causing serious adverse secondary
effects upon the community. This chapter is intended to minimize this potential impact. To do so, the
following regulations:
A. Provide for a means of cultivation, production, manufacturing, testing, transportation,
distribution, dispensing, acquisition and use by persons who qualify to obtain, possess, and use marijuana
for purposes consistent with State law.
B. Protect public health and safety through reasonable limitations on marijuana businesses as they
relate to noise, air and water quality, food safety, community safety, security, nuisance conditions and
other health and safety concerns;
C. Promote lively street life and high quality neighborhoods by _limiting the concentration of
marijuana businesses in the City;
D. Impose fees to cover the cost to the City of regulating marijuana businesses in an amount
sufficient for the City to recover its related costs, and to help mitigate against possible adverse secondary
effects;
E. Adopt a mechanism to monitor compliance with the provisions of this Chapter and State law;
F. Create regulations that address the particular needs of the residents and businesses of the City
and coordinate with laws and regulations that have been or may be enacted by the State regarding the
same, including but not limited to marijuana for medical or recreational use;
G. Facilitate the implementation of State law without going beyond the authority granted to the
City by them;
H. Allow mariivana businesses only by persons that have demonstrated an intent and ability to
comply with this Chapter and State law;
I. Protect public safety by limiting the locations in the City where marijuana businesses may
operate.
19.420.020 Definitions.
"Assessor's Parcel Number" or "(APN)" means the Assessor's Parcel Number as assigned by the San
Bernardino County Assessor and relates to the real property which it identified as of January 1, 2015.
"Building" means any structure having a roof supported by columns or by walls and designed for the
shelter or housing of any person, chattel or property of any kind.
"Bureau" has the same meaning as the term as provided in MMRSA at this time, but if that definition is
amended by State law in the future, as amended. Currently under MMRSA, it means the Bureau of
Medical Marijuana Regulation within the Department of Consumer Affairs.
"Canopy" means the area of floor space covered by any part of a marijuana plant when viewed from
above.
"Cannabis" has the same meaning as cannabis or marijuana as provided in MMRSA at this time, but if
that definition is amended by State law in the future, as amended. Currently under MMRSA, Cannabis
means all parts of the plant Cannabis saliva Linnaeus, Cannabis indica, or Cannabis ruderalis, whether
growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the
plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or
resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from marijuana.
"Cannabis" also means marijuana as defined by Section 11018 of the Health and Safety Code as enacted
by Chapter 1407 of the Statutes of 1972. "Cannabis" does not include the mature stalks of the plant, fiber
produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture,
salt, derivative, mixture, or preparation. of the mature stalks (except the resin extracted therefrom), fiber,
oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this
chapter, "cannabis" does not mean "industrial hemp" as defined by Section 81000 of the Food and
Agricultural Code or Section 11018.5 of the Health and Safety Code.
"City" means City of San Bernardino, California.
"City council" shall mean the city council of the City of San Bernardino, California.
"Code" means City of San Bernardino municipal code, including development code.
"Commercial cannabis activity" has the same meaning as the term as provided in MMRSA at this time,
but if that definition is amended by State law in the future, as amended Currently under MMItSA, it
means cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting,
distribution, or sale of marijuana or a marijuana product, except as set forth in Section 19319, related to
qualifying individuals.
"Conviction" means a plea or verdict of guilty, or a conviction following a plea of nolo contendere.
"Cultivation" has the same meaning as the term as provided in MMRSA at this time, but if that definition
is amended by State law in the future, as amended. Currently under MMRSA, it means any activity
involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
"Cultivation Site" has the same meaning as the term as provided in MMRSA at this time, but if that
definition is amended by State law in the future, as amended Currently under MMRSA, it means a
facility where marijuana is planted, grown, harvested, dried, cured, graded, or trimmed, or that does all or
any combination of those activities, that holds a valid state license pursuant to this chapter, and that holds
a valid local license or permit.
"Delivery" has the same meaning as the term as provided in MMRSA at this time, but if that definition is
amended by State law in the future, as amended. Currently under MMRSA, it means the commercial
transfer of marijuana or marijuana products from a dispensary, up to an amount determined by the bureau
to a primary caregiver or qualified patient as defined in Section 11362.7 of the Health and Safety Code, or
a testing laboratory. "Delivery" also includes the use by a dispensary of any technology platform owned
and controlled by the dispensary, or independently licensed under this chapter-, that enables qualified
individuals to arrange for or facilitate the commercial transfer by a licensed dispensary of marijuana or
marijuana products.
"Dispensary" has the same meaning as the term as provided in MMRSA at this time, but if that definition
is amended by State law in the future, as amended. Currently under MMRSA, it means a facility where
marijuana, marijuana products, or devices for the use of marijuana or marijuana products are offered,
either individually or in any combination, for retail sale, including an establishment that delivers, pursuant
to express authorization by local ordinance, marijuana and marijuana products as part of a retail sale.
"Dispensing" has the same meaning as the term as provided in MMRSA at this time, but if that definition
is amended by State law in the future, as amended. Currently under MMRSA, it means any activity
involving the retail sale of marijuana or marijuana products from a dispensary.
"Distribution" has the same meaning as the term as provided in MMRSA at this time, but if that defmition
is amended by State. -law in the future, as amended. Currently under MMRSA, it means the procurement,
sale, and transport of marijuana and marijuana products between entities licensed pursuant to this chapter.
"Distributor" has the same meaning as the term as provided in MMRSA at this time, but if that definition
is amended by State law in the future, as amended. Currently under MMRSA, it means a person licensed
under this chapter to engage in the business of purchasing marijuana from a licensed cultivator, or
marijuana products from a licensed manufacturer, for sale to a licensed dispensary.
"Director" means the City of San Bernardino Planning Director, or his/her designee
"Greenhouse" means a building, typically constructed of a translucent building material in which plants
are grown in a controlled environment. For the purposes of this chapter a cultivation site within a
Greenhouse is considered to be an indoor cultivation site.
"Indoor" means situated, conducted, or used within a building or under cover.
"Licensee" means a person issued a state marijuana business license under State law.
"Manufacturer" has the same meaning as the term as provided in MMRSA at this time, but if that
definition is amended by State law in the future, as amended. Currently under MMRSA, it means a
person that conducts the production, preparation, propagation, or compounding of manufactured
marijuana, as described in subdivision (ae), or marijuana products either directly or indirectly or by
extraction methods, or independently by means of chemical synthesis or by a combination of extraction
and chemical synthesis at a fixed location that packages or repackages marijuana or marijuana products or
labels or relabels its container, that holds a valid state license pursuant to this chapter, and that holds a
valid local license or permit.
"Manufactured cannabis" has the same meaning as the term as provided in MMRSA at this time, but if
that definition is amended by State law in the future, as amended. Currently under MMRSA, it means
raw cannabis that has undergone a process whereby the raw agricultural product has been transformed
into a concentrate, an edible product, or a topical product.
"Manufacturing site" has the same meaning as the term as provided in MMRSA at this time, but if that
definition is amended by State law in the future, as amended. Currently under MMRSA, it means a
location that produces, prepares, propagates, or compounds manufactured marijuana or marijuana
products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or
by a combination of extraction and chemical synthesis, and is owned and operated by a licensee for these
activities.
"Marijuana" has the same meaning as cannabis.
"Medical marijuana" has the same meaning as marijuana.
"Nursery" has the same meaning as the term as provided in MMRSA at this time, but if that definition is
amended by State law in the future, as amended. Currently under MMRSA, it means a licensee that
produces only clones, immature plants, seeds, and other agricultural products used specifically for the
planting, propagation, and cultivation of marijuana.
"Permit" means a marijuana business permit issued by the City that authorizes a person to conduct
commercial marijuana activity, pursuant to this chapter.
"Permittee" means a person issued a permit under this chapter to engage in commercial marijuana
activity.
"Person" has the same meaning as the term as provided in MMRSA at this time, but if that definition is
amended by State law in the future, as amended Currently under MMRSA, it means an individual, firm,
partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust,
receiver, syndicate, or any other group or combination acting as a unit and includes the plural as well as
the singular number.
"Premise" means a distinct and definite location, which may include a building, a part of a building, a
room or any other defined contiguous area.
"Parcel" means a contiguous quantity of land, in the possession of, or owned by, or recorded as the
property of the same claimant or person.
"State law" means the State Compassionate Use Act ("CUA"), the State Medical Marijuana Program Act
CWWA"), and the State Medical Marijuana Regulation and Safety Act ("1VIlVIl X), as well as with
laws and regulations that have been or may be enacted by the State regarding the same, including but not
limited to marijuana for medical or recreational use, as it existed as of January 1, 201-6.
"Transport" has the same meaning as the term as provided in MMRSA at this time, but if that definition is
amended by State law in the future, as amended Currently under MMRSA, it means the transfer of
marijuana or marijuana products from the permitted business location of one licensee to the permitted
business location of another licensee, for the purposes of conducting commercial cannabis activity
authorized pursuant to this chapter.
"Transporter" has the same meaning as the term as provided in MMRSA at this time, but if that definition
is amended by State law in the future, as amended Currently under MI MA, it means a person issued a
state license by the bureau to transport marijuana or marijuana products in an amount above a threshold
determined by the bureau between facilities that have been issued a state license pursuant to this chapter.
"Zoning code" means Title 19 (zoning) of the Code.
19.420.040 location, type, and numerical limits requirements.
To provide for safe, convenient access for the citizens and patients of San Bernardino:
A. Marijuana businesses shall only be located within the M -B Overlay 1 or M -B Overlay 2, and shall not
be located:
1. Within the distance restrictions of the uses as described in Business and Professions Code
Section 19322 as of January 1, 2016; or
2. Within 600 feet from any property zoned RE, RL, RS, RU, RM, RMH, or RH as -of January 1,
2016.
The distances specified in this section shall be measured in a straight line, without regard to intervening
structures, from the nearest point of the property line of the premises in which the proposed marijuana
business is to be established to the nearest point of the property line of a use or zoning classification listed
above.
Non -conforming residential uses are not sensitive uses.
The subsequent establishment of a sensitive use or sensitive zone as outlined in this section shall not
disqualify an existing marijuana business.
B. Only the following marijuana business state license types: Cultivation (IA,1B, 2A, 213, and 4);
Manufacturing (6, 7); Testing (8); Dispensary (10, 10a); Transportation (11); and Distribution (12) as
defined in the State law will be allowed within the M -B Overlay zones as follows:
Table 1:
State License Types Allowed by M -B Overlay zones
M -B Overlay zone State License Type _
~ M -B Overlay l l A,1 B, 2A, 213, 4, 6, 7, 8, 11 and 12
M -B Overlay 2 IA, 6, 8, 10, 10A, 11 and 12
C. Assignment of M -B Overlay 1 and M -B Overlay 2 on Specific Parcels. Table 2 (Assignment of M -B
Overlay 1 and M -B Overlay 2 by Parcel) lists every parcel within the City that is included in either M -B
Overlay 1 or M -B Overlay 2.
Table 2:
Assignment of M -B Overlay 1 and M -B Overlay 2 by Parcel.
- __...__..__._...._....
APN
._...... _-............ _...... ... ................ __..... ----..._....___...-
Overlay Zone
-......... ........ ..................... _... .
. APN _
......._...
... .......-.---.. _......__...._._--.._......_......--.... ..... .._._.-_ -
Overlay Zone
_ _ _...._...
........._._......_ .. - -- ....
0136-462-01
- _ .... -
M -B Overlay 1
_ _. _.... ....... ...........--.................
0136-451-12
- -- ..
M -B Overlay 1
_...._..._...._..-
---......_..__............ ......................_.._...._..............._._........._._..........._.__._.........._..........._......._.......
0136-462-02
M -B Overlay 1
............_...............
0136-451-13
-........._......_...:..........::..::
M -B Overlay 1
- --- --
0136-462-03
M -B Overlay 1 _.___..__..._.;0136-451_14
_...._..___.
- --.._._..----.....-......._.._.......... ...... __................._....
M -B Overlay i _.___...._..._....._....._
._....._. _ ...---.. _.
0136-462-04
M -B Overlay 1 ....._._.
0136-451-16
_.€.. :.;...:
M -B Overlay 1
- - _............. .....-_..-...---._
0136-462-05
_...... .. _.._.. _ ..... ..._..-.
M -B Overlay 1
- - . _ _.........._......._...._.........................._
- --... - ....._._._._.__._...._
0136-451-17
_....._.... - ---......._......--
................ .... ....
M -B Overlay 1
-- - -- - -
�......_._,_....- - --
0136-462-06
_..
M -B Overlay 1
__.... _..........................._...._...._....._.._._..;.......__......-...-._._._._.....................
0136-041-22
M -B Overlay 1
.... .........d
0136-462-07
M -B Overlay 1
0136-441-02
_..: —
_ ..
M -B Overlay 1
.—..—.._....__..... _._......... -..... .._.....
0136-462-08
---.__........_..--....-----..................................
M -B Overlay 10136-441-03
_._.
_ _....
M -B Overlay 1
0136-462-09
M -B Overlay 1
0136-041-04
M -B Overlay 1
---- ------ _.-..._.................................
0136-462-10
.. . _ _...._.. ...__............_..._......._-.......---__...._...-
M -B Overlay 1
....... .
--
0136-411-01
-- ... _._...... __--_._...__....__.....
M -B Overlay 1
--- - .....
0136-46241
- . - ..._._._...._.._
M -B Overlay 10136-411-02
- -._....-- -
M -B Overlay 1
- - .. ... .
--
0136-462-12
M -B Overlay 1
- --...._..........................__--.._..--
0136-411-03
-- ---- - -
M -B Overlay 1
- ---- --- ---- . _... ---
..........- - -.... _ ...-..---------- _.........._..:
0136-462-13
-._..;._..--- .._._._...._..
M -B Overlay 1
_.. ....
0136-411-04
--- --
M -B Overlay 1
-....
-- ------
0136-462-14
M -B Overlay 1
0136-411-05
M -B Overlay 1
0136-462-16
M -B Overlay 1
--.._-----..-.... _ _
0136-411-06
M -B Overlay 1
---- ----
---- ._......
0136-452-01M-B
_._ ......_
..._..._.
Overlay 1
-- ..-------..........-- ....._...... ...._._........_.._..._._....
013611-07
- .
-....._.... _........ M -B Overlay 1
- ._._._..._._..
0136-452-02
....
M -B Overlay 1
0136-411-08
M -B Overlay 1
0136-452-03
M -B Overlay 1
0136-41109
M -B Overlay 1
. .........._.. -
0136-452-04
M -B Overlay 1
.........,......_....---_ .._._.
0136-411-10
_....__......._.... _ -- --
M -B Overlay 2
013652-05
M -B Overlay 1
0136-411-11
M -B Overlay 1
0136-452-06
M-8 Overlay 1
0136-411-12
. . ..........
M-8 Overlay I . ...... .
0136-452-07
M -B Overlay 1__...;..._0136-411-13
.............. ...... . .
.. .......... .
.. .. . .................. ... .
M-13 Overlay 1
0136-452-08
M -B Overlay 1
0136411-14
M -B Overlay 1
0136-452-10
M -B Overlay 1
0136-411-15
M -B Overlay 1
0136-452-11
M -B Overlay 1
0136-421-01
M -B Overlay 1
0136-452-12
M -B Overlay 1
0136-421-02
M -B Overlay 1
0136-452-13
M-13 Overlay 1
0136-421-03
M -B Overlay 1
013652-14
01.36-452-15
0136-452-16
0136-452-17
0136-452-18
0136-452-19
0136-452-23
0136-452-24
0136-452-25
0136-452-26
0136-442-01
0136-442-02
0136-442-03
M -B Overlay 1
0136-421-04
M -B Overlay 1
....... ... . .. . M -B Overlay 1
0136-421-05,
. ....... M -B Overlay 1
M -B Overlay 1
0136-421-06
M -B Overlay 1..__.._._.._........_
M -B Overlay 1
= 0136-421-07
..... . . .
M -B Overlay 1
M -B Overlay 1
0136-421-08M-8
. Overlay 1
.. ........ . M -B Overlay 1
. .
.....
0136-421-09
. . . ........... I
M -B Overlay 1
M -B Overlay 1
0136 -412 -01M
-B Overlay I
M -B Overlay 1
. ......
0136-412-02M
.. .. . ..... .... ......
-B Overlay 1
. . .................. ...M -B Overlay I
......
. . ... .... ........ .
M -B Overlay I
........
M -B Overlay 1
.0136-41203 . . ........
0136-412-04.
........... .. .
M -B Overlay 1
M -B Overlay I
0136-412-05
M -B Overlay 1
M -B Overlay 1
0136-412-06
M -B Overlay 1
M -B Overlay 1
0136-412-07
M -B Overlay 1
0136-442-04
..........
M -B Overlay 1
0136-412-08
0136-"2-05
. ..... ... . .
M -B Overlay 1
... .. ....... ........ . ........ .. .. .
0136-412-09
0136-442-06
. . ..... . .
M-13 Overlay 1-412-10
...
0136
0136-442-07
M -B Overlay 1
0136-412-11
0136-442-08
M -13 Overlay 1
0136 -412-12
0136-431-14
M -B Overlay I
a 0136-412-14
0136-431-15
. .
. . . ...... . .............
M-13 Overlay 1
. ...........
0136-412-28
0136-431-33
M -B Overlay I
0136-422-01
0136 -431 -34M
-B Overlay 1:
0136-422-02
. ......... . ..... . .......
0136-461-01
M -B Overlay 1
... 0136-422-03
0136-461-02
M -B Overlay 1
. . ........
0136-422-04
0136-461-03
M -B Overlay 1
0136-422-05
0136-461-04
M -B Overlay 1
0136-422-06
0136-461-05
M -B Overlay 1
0136-422-07
0136-461-06
M-13 Overlay 1
-0136-422-09
0136-461-07
M -B Overlay 1
0136-422-09
0136-461-08
M -B Overlay 1
0136-422-10
0136 -461 -09M
.... .......................
.... ..... -B Overlay 1
0136-422-11
0136-461-10
M -B Overlay 1
0266 -362-25
0136-461-11
. ........ ...
M -B Overlay 1
0266-362-10
0136-461-12
M -B Overlay 1-07
0266-362
0136-461-13
M -B Overlay 1 .......
. 0266-362-06
.. . . . . . ...... . ..... . ........ .
0136-461-14
.... . . . ....
M -B Overlay 1
. . . . . . . . . . . . .. ........ ............. .......................
.........
. 0266-362-01
0136-461-15
.
M -B Overlay 1
. . . . . . . . . . ... . . ..... ...... ....... . ............
........ 0266 -362-24
0136-461-16
M-13 Overlay 1 .. . . .............
.. 0266-362-05
0136-461-17
. . .. .
M -B Overlay 1
0266-362-03
M -B Overlay I
M -B Overlay 1
M -B Overlay I
M -B Overlay 1
........... ...... . . ... .....
M -B Overlay 1
........... . ........ .
M -B Overlay 1
M -B Overlay I
M -B Overlay 1
013_6-451-01 _
0136-451-02
=- -----------
0136-451-03
0136-451_-04 _
0136-451-07
0136-451-08
0136-451_-09
0136-451-10
M=6 Overlay 1
0266-362-04
_—
__...._.. M -B Overlay 1 - --
- .....---..._..- --
0266-362-20
M -B Overlay 1
- 0266-362-19
--_-.._ M -B Overlay 1
0266-362-18
M -B Overlay 1
-
0266-362-17
M -B Overlay 1
- 026fi-362-16
M -B Overlay 10266-721-04
M -B Overlay -2...
M -B Overlay 1 0266-721-01
0136-451-11 M -B Overlay 1
-0154-241-38 _—M -B Overlay 2
0266-72_1-02
0266-363-33
M -B Overlay 1
M -B Overlay 1
M -B Overlay 1 - --
M-B Overlay 1
M -B Overlay 1
M -B Overlay 1
M -B Overlay 1
M -B Overlay 1
M -B Overlay 1 -- — -
M -B Overlay 1
0149-191-24
M -B Overlay 2
0266-363-34
M -B Overlay 1
0150-323-05 —
. - - — .._...
_M -B Overlay 2
_0266363-63
Overlay
M -B Overlay 1
5-176-01
— — _-_
M -B Overlay 2
_ -_-----
-----
0266-363-62
--- -
M -B Overlay 1
`0144-201-61
-- ...
M -B Overlay -2...
-- 0146-241-16-
M -B Overlay 2
0146-241-12
M -B Overlay_2_._..._._.._....._._..._.__.=_.0138-081-19
--
- -
_.... ----- --
M -B Overlay 2 ---
0138-081-18
--
M -B Overlay 2
- 0141.222-24
_.....
ver
M -B Overlay 2
0141-222-26
M -B Overlay 2
-- -
0135-081-34
- —M -- _
M -B Overlay 2
0135-081-20
M -B Overlay 2
0135-081-22—�_—
M -B Overlay 2
0135-081-21
M -B Overlay 2
0135-081-28
M -B Overlay 2
0141-412-38
M -B Overlay 2
0142-541-37
M -B Overlay 2
0136-142-01
M -B Overlay 2
0280-172-10
` M -B Overlay 2
D. Should a lot be split or a different Assessor's Parcel Number (APN) be assigned, for any reason, in
whole or in part, to any real property listed in the table above, all rights, permissions, and restrictions
granted by the establishment of the overlay zone shall run with the real property as identified by the APN
in Table 2 of this Chapter as of January 1, 2016.
E. No more than a total of five (5) marijuana business dispensaries may operate within the City at any
one time.
19.420.050 Development Standards.
The following development standards shall apply to:
A. All marijuana businesses
I - No marijuana business shall be located in any temporary or portable structure.
2. Trash dumpsters shall be enclosed by a screening enclosure so as not to be accessible to the
public.
3. No exterior door or window on the premises shall be propped or kept open at any time while the
business is open, and all exterior windows shall be covered with opaque covering at all times.
4. Permanent barriers shall be installed and maintained to screen the interior of the premises from
public view for each door used as an entrance or exit to the business.
5. The entire exterior grounds, including the parking lot, shall be lighted in such a manner that all
areas are clearly visible at all times.
6. Signage shall conform to the standards established for the zone and shall not contain marijuana
oriented photographs, silhouettes or other marijuana oriented pictorial representations.
7. All entrances to marijuana businesses shall be clearly and legibly posted by a notice indicating
that minors are prohibited from entering the premises.
8. No residential structure shall be converted for use as a marijuana business.
9. No marijuana business shall be operated in any manner that permits the observation of any
persons or material depicting, describing or related to specified marijuana activities inside the
premises, from any public way or from any location outside the building or area of such
establishment. This provision shall apply to any merchandise, display, decoration, sign, show
window or other opening.
10. All exterior areas of the marijuana business, including buildings, landscaping, and parking areas
shall be maintained in a clean and orderly manner at all times.
11. Any business license or permit required by this Code shall be kept current at all times
12. Shall install and maintain a fully operational digital video surveillance and camera recording
system that monitors no less than the front and rear of the Premises, all points of ingress and
egress at the marijuana business. The video and surveillance system shall, at a minimum meet the
following requirements:
a. Capture a full view of the public right-of-ways and any parking lot under the control of
the marijuana businesses;
b. Be of adequate quality, color rendition and resolution to allow the ready identification of
any individual committing a crime anywhere on or adjacent to the exterior of the
property;
c. Record and maintain video for a minimum of fourteen (14) days.
13. Install and use afire and burglar alarm system that is monitored by a company that is staffed
twenty-four hours (24) a day, seven (7) days a week.
14. Shall not maintain more marijuana on the premises than is permitted under applicable State law.
15. Report to the proper authorities any diversion, theft, or loss as required by State law.
16. Shall be ventilated so that the odor of marijuana cannot be detected at any property adjoining the
parcel on which the marijuana business is located
17. Shall operate in a manner consistent with State law governing the activities of their marijuana
business license type.
B. Marijuana business dispensaries
1. Shall not operate or be open between the hours of 12:00 a.m. (midnight) - and 6:00 a.m.
2. Shall install and use a safe for storage of any processed marijuana and cash on the property when
the business is closed to the public. For marijuana -infused products that must be kept refrigerated
or frozen, the business shall lock the refrigerated container or freezer in place.
3. No person, other than a qualified patient, qualified customer, permittee, licensee, employee,
contractor or individual authorized by State law, shall be in the marijuana business dispensary.
4. Consultations by medical professionals shall not be permitted within the marijuana business
dispensary.
5. Smoldng Prohibition. Smoking of Tobacco in all workplaces, including marijuana dispensaries is,
prohibited. However, recognizing that some qualified patients may have an immediate medical
need, consumption of edible marijuana products, marijuana tinctures, smoking of marijuana
and/or vaporizing of marijuana is permitted, provided such consumption occurs within the
dispensary and is not visible from any public place.
19.420.060 Permitted zone classification.
Premises may be used for marijuana businesses only in zones M -B Overlay 1 and M -B Overlay 2 in
accordance with section 19.420.040 of this chapter.
19.420.070 Marijuana business permit—Required.
No marijuana business shall be established until an application for a marijuana business permit is
approved by the director pursuant to the procedures set forth in this chapter.
19.420.080 Marijuana business permit—Application.
Applications for a marijuana business permit or marijuana business permit renewal shall be filed, with
a director, on a form supplied by the city. An application for a marijuana business permit or renewal shall
be filed in a manner consistent with the requirements contained in Chapter 19.32 (Applications and Fees).
Such application shall contain:
A. The name and address of the applicant;
B. Evidence that the applicant:
1. Is the owner of the premises involved, or
2. Has the permission of such owner to make such application, or
3. Is or will be the plaintiff in an action in eminent domain to acquire the premises involved;
C. The legal description of, and if there is a street address, the street address, otherwise a description
of, the premises upon which the requested use is to be maintained;
D. if the applicant is not the owner, the name and address of the owner, and the nature of the
applicant's interest in the premises involved;
E. A detailed site plan showing, at a minimum, the proposed location of all buildings and structures,
landscaped areas, parking areas, driveways and means of ingress and egress;
F. A statement detailing the uses for each building and structure as shown on the site plan;
G. A detailed facility floor plan showing, at a minimum, the proposed uses of the floor area depicted
on the floor plan. The floor plan need not be professionally prepared, but must be drawn to a designated
scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six
inches.
H. Three copies of white background prints of a map drawn to scale specified by the city engineer,
showing the location of the property concerned, and the location of all highways, streets and alleys and all
lots and parcels of land within a distance of six hundred feet from the exterior boundaries of the proposed
use;
L One copy of the map referred to in subsection H of this section shall show the use to which each
and every lot and parcel of land is put;
J. A plan for ventilation of the marijuana business that describes the ventilation system that will be
used to prevent any odor of marijuana off the premises of the business.
K. Live Scan fingerprints of the applicant to enable the San Bernardino Police Department to
perform a background check on the applicant.
L. A fully legible copy of one valid government issued form of photo identification, such as a State
Driver's License or Identification Card showing that the applicant is 21 years of age or older.
M. A signed statement by the applicant that helshe certifies under penalty of perjury that all
information contained in the application is true and correct.
19.420.090 Application fee.
When a marijuana business permit application is filed, it shall be accompanied by a filing fee in the
amount of two hundred fifty dollars ($250.00).
19.420.100 Permit application and renewal—Review and approval.
A. Within 30 days after the application has been submitted, the director shall review the application,
cause the property to be inspected as he or she deems appropriate, and shall approve, or deny the
application under the following conditions:
1. The director will issue the marijuana business permit if all applicable requirements of this
chapter and this Code are satisfied
2. If the director finds that any of the applicable requirements of this chapter or this code are
not satisfied, or finds that the applicant has been previously found guilty of a felony within the
last 10 years, or finds evidence that the applicant has provided materially false information, the
application will be denied
19.420.110 Permit fee.
A. When a marijuana business permit application is approved or renewed, permittee shall remit to the
City a permit fee in the amount of set forth by State issued license type below:
1. Marijuana business cultivation - Any and all State License Type IA, 1B, 2A, and 2B marijuana
businesses shall pay an annual fee of five dollars ($5.00) per square foot of canopy as defined in
this Code.
2. Marijuana business manufacturing - Any and all State License Type 6, and 7 marijuana
businesses shall pay an annual fee of five dollars ($5.00) per square foot of the premises occupied
by such businesses.
3. Marijuana business testing - Any and all State License Type 8 marijuana businesses shall pay
an annual fee of five dollars ($5.00) per square foot of the premises occupied by such businesses.
4. Marijuana business distribution - Any and all State License Type 11 marijuana businesses shall
pay an annual fee of one hundred dollars ($100.00) per transportation and distribution vehicles
and five dollars ($5.00) per square foot of the premises in which their offices and marijuana
storage facilities occupy.
5. Marijuana business transportation - Any and all State License Type 12 marijuana businesses
shall pay an annual fee of one hundred dollars ($100.00) per transportation and distribution
vehicle and five dollars ($5.00) per square foot of the premises in which their offices and
marijuana storage facilities occupy.
6. Marijuana business dispensaries - Any and all State License Type 10, and 10A marijuana
businesses shall pay an annual fee of five -dollars ($5.00) per square foot of the premises occupied
by such businesses.
7. Marijuana business nurseries — Any and all State License Type 4 marijuana businesses shall
pay an annual fee of one dollar ($1.00) per square foot of canopy as defined in this Code.
B. The permit fees generated shall be deposited into the general fund and the City Council shall consider
the following priorities before distributing the funds:
1. Enforcement of this provision.
2. Mitigating possible adverse effects on local area youth through support of after school
program, drug education, and at risk youth programs
3. Infrastructure improvements within the City limits.
4. Funding of City employee pension obligations.
C. The City Council may impose the fees authorized by this section at a lower rate. No action by the City
Council under this subsection shall prevent the City Council from subsequently increasing the fee rate for
marijuana business permits to the maximum rates specified in section 19.420.110.
19.420.115 Delivery.
Retail delivery of marijuana within the City of San Bernardino shall only be permitted by marijuana
businesses that hold a valid state issued dispensary license and a valid marijuana business permit issued
by the City of San Bernardino.
19.420.120 Conflicts.
In the event any provision of this Chapter 19.420 conflicts with any provision of the San Bernardino
Municipal Code, including the Development Code, now or hereinafter enacted, the provisions of this
Chapter shall prevail over the conflicting Municipal Code or Development Code provision.
19.420.130 Compliance with applicable State law
Except as may be provided otherwise in this Chapter, any law or regulation adopted by the State
governing the cultivation, production, manufacture, possession, transport, testing, or distribution of
marijuana shall also apply to marijuana businesses in the City. This includes, but is not limited to State
laws and regulations regarding: use of childproof product containers; labeling; patient confidentiality;
quality control; laboratory testing, edible and infused products standards and testing; employee training;
delivery; and odor control. Noncompliance with any applicable State law or regulation is unlawful and
shall be grounds for revocation or suspension or any permit under this Chapter.
19.420.140 Suspensions or revocations.
The director may suspend or revoke a marijuana business permit if he/she finds that one or more of the
following conditions exist:
A. The marijuana business does not comply with, and fails to remedy such non-compliance in a
timely manner, any of the requirements outlined in Section 19.420.050 of this Chapter;
B. The business owner, its employee, agent or manager has been convicted in a court of competent
Jurisdiction of:
1. Any violation of any statute, or any other ordinance arising from any act performed in the
exercise of any rights granted by the permit, the revocation of which is under consideration, or
2. Any offense involving the maintenance of a nuisance caused by any act performed in the
exercise of any rights granted by the permit the revocation of which is now under consideration;
C. The business owner, its employee, agent or manager has knowingly made any false, misleading
or fraudulent statement of material fact in the application for a permit.
19.420.150 Appeals.
Any person aggrieved by a decision of the director made under this chapter has the right to appeal such
decision as follows:
A. Notice of Appeal. Any decision of the director made under this chapter will become final within
ten days from the date such notice is served, unless within that ten-day period an appeal is filed with the
city clerk, including payment of the applicable fee established by city council resolution. The appeal
notice must state, with specificity, the factual and legal basis of the appeal.
B. Scheduling of Appeal Hearing. The city clerk will expeditiously schedule a hearing before a
hearing officer and notify the appellant, in writing, of the day, time and location of the hearing, which
may be held no later than thirty days after the notice of appeal is received by the city; provided, however,
the hearing may be held after such thirty -day period upon the request or concurrence of the appellant. The
time for compliance of any original order will be stayed during the pendency of the appeal hearing.
C. Hearing by Hearing Officer. The hearing officer will consider the testimony of the appellant, city
staff or agents, and any other testimony or evidence relevant to the decision. The hearing officer must
provide the appellant with a written decision within ten days from the date of the conclusion of the
hearing. The decision of the hearing officer will be final and conclusive.
D. Any person dissatisfied with the hearing officer's decision may seek prompt judicial review of
such decision pursuant to California Code of Civil Procedure Section 1094.8.
19.420.160 Severability
If any provision in this Chapter, or part thereof, or the application of any provision or part to any person
or circumstance is held for any reason to be invalid or unconstitutional, the remaining provisions and
parts shall not be affected, but shall remain in full force and effect, and to this end the provisions of this
Chapter are severable.
SECTION 6: REPEAL OF EXISTING CITY OF SAN BERNARDINO CODE
A. Chapter 5.05 of Title 5 of the City of San Bernardino Municipal Code is hereby repealed.
B. Section 19.06.026 of Chapter 19.06 of Title 19 of the City of San Bernardino Municipal Code is
hereby repealed.
Withdrawal of Initiative
2016 -APR - 7
Pursuant to California Elections Code 9604 Paragraph D, I, Vincent Guzman, wish to P� 3. 3 7
withdraw the initiative submitted to the San Bernardino City Clerk on April 6, 2016 and
entitled San Bernardino Regulate Marijuana Act of 2016.
Signature
Dated this 7 day of/1,�r, / , 20 It
Letter of Authorization 2016 APR - 7 Pf 13= 3 7
I, Vincent Guzman, the proponent of the Regulate Marijuana Act initiative submitted to
the City of San Bernardino on April 7th, 2016, do hereby authorize Craig Beresh and his
agents to act on my behalf for the purposes of contact, correspondence, filing of
documents, negotiations, and acquisition of voter data with the City of San Bernardino
and/or County of San Bernardino.
Mr. Craig Beresh's contact information is as follows:
Mr. Craig Beresh
393 N. Central Ave.
Upland, CA 91786
(909} 920-6031
Signature
Printed Name
Notice of Intent to Circulate Petition '
AP
Notice is hereby given by the persons whose names appear hereon of their intention toy
circulate the petition within the City of San Bernardino, CA for the purpose of regulating
the marijuana industry. A statement of the reasons of the proposed action as contemplated
in the petition is as follows:
• Protect the public health and safety through reasonable limitations on marijuana
businesses.
• Create regulations that address the particular needs of the residents and businesses
Of the City and coordinate with laws and regulations that have been or may be
enacted by the State.
• Provide for a means of cultivation, production, manufacturing, testing,
transportation, distribution, dispensing, acquisition and use of marijuana by
persons who qualify to obtain, possess, and use marijuana for purposes consistent
with State law.
• Bring 800+ living wage jobs to the City of San Bernardino.
• Provide annual revenue of between_ 15 and 21 million dollars to the City of San
Bernardino's General Fund.
Vincen Guzman
San Bernardino, CA
y_.J- :. i
Admowled ement of Proponent 2616 APR - ]
PM 13 7
ynyt - acknowledge that it is a misdemeanor under state
(Print Name)
law (Section 18650 of the Elections Code) to knowingly or willfully allow the signatures
on an initiative petition to be used for any purpose other than qualification of the
proposed measure for the ballot. I certify that I will not knowingly or willfully allow the
signatures for this initiative to be used for any purpose other than qualification of the
measure for the ballot.
Signature
Dated this 7 day of ,4 j .20
Request that a Ballot Title and Summary be preipared b ° the City Attorne
I, a resident of the City of San Bernardino and a
(Print Name)
proponent of the Regulate Marijuana Act submitted to the City Clerk of San Bernadino
today, 7AP, -:1 7 92016, request that the City Attorney of San Bernardino
prepare a Ballot Title and Summary for the proposed measure.
s'
Print Name:
v?
Signature: