HomeMy WebLinkAbout06.B- City Clerk 6.B
RESOLUTION (ID # 4581) DOC ID: 4581 A
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Election
From: Georgeann "Gigi" Hanna M/CC Meeting Date: 08/01/2016
Prepared by: Georgeann "Gigi" Hanna,
Dept: City Clerk Ward(s): All
Subject:
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. (#4581)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Account Budgeted Amount: <<Insert Amount>> Account No. <<Insert Account
No.>>
Account Description: <<Insert Account Description>>
Balance as of: <<Insert Date>>
Balance after approval of this item: <<Insert Amount>>
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
On July 5, 2016, the MCC voted to call a special election at which the San Bernardino
Regulate Marijuana Act of 2016, without alteration, shall be submitted to a vote of the
people
The San Bernardino County Board of Supervisors requires that the governing body
adopt a resolution calling for an election and seeking consolidation with the national
election scheduled for November 8, 2016. That resolution was not included in the
agenda for July 5.
Background:
In April, proponents for the San Bernardino Regulate Marijuana Act of 2016 filed a
Notice of Intent to Circulate a Petition in the City Clerk's office. Later that month, the City
Attorney provided a Ballot Title and Summary to the proponents and they began
circulating petitions shortly thereafter. On June 8, the proponents turned in petitions to
the City Clerk's Office for review. The City Clerk found them sufficient to qualify for the
November 8, 2016 ballot.
The cost of this special election has not yet been determined by the Registrar. However,
as this would be consolidated with the Presidential election, the costs would be less
than a stand-alone special election. The Clerk estimates the cost to be $65,000 to
Updated: 7/26/2016 by Georgeann Gigi" Hanna A
Packet Pg. 514
4581
$100,000, based on previous elections. This amount is included in the elections budget
for 2016-17.
City Attorney Review:
Supporting Documents:
Reso Guzman Iniative (DOC)
Notice of Intent to Circulate Petition Guzman (PDF)
BallotTitleandSummary_SBRMA Guzman (PDF)
Updated: 7/26/2016 by Georgeann "Gigi" Hanna A Packet Pg. 515'
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO CALLING A SPECIAL ELECTION FOR THE PURPOSE OF _
3 CONSIDERING THE SAN BERNARDINO REGULATE MARIJUANA ACT OF 2016, 2
4 REQUESTING THAT THE SPECIAL ELECTION BE CONSOLIDATED WITH THE m
PRESIDENTIAL GENERAL ELECTION CONDUCTED ON NOVEMBER 8, 2016 AND °
5 AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE ELECTION. o
N
w-
6 WHEREAS, on April 6, 2016 Vincent Guzman("Proponent"), a resident of the City of San
7 Bernardino, filed a Notice of Intent to Circulate a Petition, attached hereto as Exhibit"A" and Q
CU
incorporated herein by this reference,with the City Clerk for the San Bernardino Regulate Marijuana
8 Act of 2016 (the "Initiative"); and
L
9
WHEREAS,on April 21,2016 the City Attorney transmitted to the City Clerk a Ballot Title
10 and Summary, attached hereto as Exhibit`B" and incorporated herein by this reference; and
a�
11 WHEREAS,on June 8, 2016 the Proponent turned in signed petitions to the City Clerk for o
certification; and,
12
CU
c
13 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 °0
14 Council pursuant to Section 120 of the Charter of the City of San Bernardino; and in
15
WHEREAS,the Mayor and Common Council, having reviewed the initiative,has decided to
16 submit the issue directly to the voters instead of adopting the measure without alteration.
00
17 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
18 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
0
2
19 SECTION 1. That the recitals and findings set forth above are hereby adopted by this
20
reference. >
�a
21 SECTION 2. That the San Bernardino Regulate Marijuana Act of 2016 shall be
22 E
E
submitted to the voters at a Special Election.
23 t7
0
24 SECTION 3. That the Registrar of Voters consolidates the Special Election called for by
25 this resolution with the Presidential Election on November 8, 2016.
26 SECTION 4. That the City Clerk is authorized to expend the funds necessary to
27 Q
f effectuate the purposes of this resolution.
28
1
Packet Pg. 596
6.6 a '
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
N"', 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 o
PRESIDENTIAL PRIMARY ELECTION CONDUCTED ON NOVEMBER 8, 2016 AND
4 AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE ELECTION. 0°
0
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and N
6 0
Common Council of the City of San Bernardino at a meeting thereof, held on the a
7
8 day of , 2016, by the following vote, to wit:
Ca
L
9 Council Members: AYES NAYS ABSTAIN ABSENT
0
_ca
10 MARQUEZ
0
11 W
BARRIOS 0
12
VALDIVIA
13 m
14 SHORETT cu
N
15 NICKEL a
16 RICHARD 00
17
MULVIHILL
18
0
A
19 y
Georgeann Hanna, City Clerk
20 a�
The foregoing Resolution is hereby approved this day of , 2016.
21
c
22 f6
N
23 R. Carey Davis, Mayor
City of San Bernardino
24 Approved as to form:
25 Gary D. Saenz, City Attorney
26 By:
27 Q
28
2
Packet Pg.517
6.B.b
SAN BERNARDINO REGULATE MARIJUANA ACT OF 2016
0
The People of the City of San Bernardino do ordain as follows: m
0
0
SECTION 1: TITLE `"
0
This initiative shall be known as and may be cited as the San Bernardino Regulate Marijuana Act of 2016. e
a
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.
a
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 0
m
clarify the scope of the CUA and which also recognized the right of cities and other governing bodies to
CU
adopt and enforce rules and regulations consistent with the MMPA. cn
C. In 2015, the State of California passed the Medical Marijuana Regulation and Safety Act 0
("MMRSA")to provide a State framework for licensure and regulation of medical marijuana within the
T
State, while continuing to recognize the authority of local governments to regulate medical marijuana 00
related activity within their respective jurisdictions.
c
D. Without regulation,the cultivation and manufacturing of marijuana,and its subsequent E
transportation, distribution,and dispensation has potential adverse effects to the health and safety of the
community. By creating a fair anal reasonable regulatory environment for marijuana businesses,the City c
will be able to maintain order while avoiding undue burdens on its financial resources. 0
y
a�
E. Bringing marijuana into a regulated and legitimate market will create a transparent and accountable a
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 v
enforce the new law;invest in the community to reduce the illicit market and create job opportunities. 0
m
.r
c
SECTION 3: PURPOSE AND INTENT 0
d
It is the intent of the people of the City of San Bernardino in enacting this measure to: o
Z
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.
ca
w
4
Packet Pg.518
6.B.b
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. o
C.Promote lively street life and high quality neighborhoods by limiting the concentration of m
marijuana businesses in the City.
' T
D.Impose fees to cover the cost to the City of regulating marijuana businesses in an amount c°V
sufficient for the City to recover its related costs,and to help mitigate against possible adverse o
secondary effects. a
E. Adopt a mechanism to monitor compliance with the provisions of this City Code and State
law.
c�
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 R
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 o
c
City by the State. a
m
H.Allow marijuana businesses only by persons that have demonstrated an intent and ability to
comply with this City Code and State law. m
c
1.Protect public safety by limiting the locations in the City where marijuana businesses may N
operate.
W
co
LO
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). N
0
0
SECTION S: ADDITION OF CHAPTER 19.420,`MARIJUANA BUSINESS OVERLAY ZONES a
(M-B OVERLAY)," TO TITLE 19 OF THE CITY OF SAN BERNARDINO MUNICIPAL CODE
ca
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: U
0
CHAPTER 19.420 MARIJUANA BUSINESS OVERLAY ZONES(M-B OVERLAY)
c
a�
19.420.010 Intent and purpose.
It is the intent and purpose of the marijuana business overlay zones(hereinafter zone"M-B Overlay I"
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 Z
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, E
transportation, distribution,dispensing, acquisition and use of marijuana in a manner that is consistent 0
with the State Compassionate Use Act("CUA"),the State Medical Marijuana Program Act("MMPA"), a
and the State Medical Marijuana Regulation and Safety Act("MMRSA"),as well as with laws and
Packet Pg. 519
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 o
effects upon the community. This chapter is intended to minimize this potential impact. To do so, the m
following regulations: 0
to
A.Provide for a means of cultivation,production, manufacturing,testing,transportation, c
distribution,dispensing,acquisition and use by persons who qualify to obtain,possess,and use marijuana o
for purposes consistent with State law.
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 3
other health and safety concerns;
C.Promote lively street life and high quality neighborhoods by limiting the concentration of a;
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;
c
E.Adopt a mechanism to monitor compliance with the provisions of this Chapter and State law; m
F. Create regulations that address the particular needs of the residents and businesses of the City
Cn
and coordinate with laws and regulations that have been or may be enacted by the State regarding the -a
same, including but not limited to marij uana for medical or recreational use;
Cn
G.Facilitate the implementation of State law without going beyond the authority granted to the r
w
LO
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•, E
I. Protect public safety by limiting the locations in the City where marijuana businesses may =
operate.
m
19.420.020 Definitions. °-
m
w
"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.
U
"Building"means any structure having a roof supported by columns or by walls and designed for the w
shelter or housing of any person,chattel or property of any kind.
c
"Bureau"has the same meaning as the term as provided in MMRSA at this time,but if that definition is o
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. c
Z
"Canopy"means the area of floor space covered by any part of a marijuana plant when viewed from
above. m
E
s
"Cannabis"has the same meaning as cannabis or marijuana as provided in MMRSA at this time,but if M
that definition is amended by State law in the future,as amended. Currently under MMRSA,Cannabis Q
Packet Pg. 520 i
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 o
resin. "Cannabis"also means the separated resin,whether crude or purified, obtained from marijuana. m
"Cannabis"also means marijuana as defined by Section 11018 of the Health and Safety Code as enacted o
by Chapter 1407 of the Statutes of 1972."Cannabis"does not include the mature stalks of the plant, fiber CO
produced from the stalks,oil or cake made from the seeds of the plant,any other compound,manufacture, N
salt,derivative,mixture,or preparation of the mature stalks(except the resin extracted therefrom),fiber, o
oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this Q
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, c°
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 m
qualifying individuals.
"Conviction" means a plea or verdict of guilty,or a conviction following a plea of nolo contenders.
d
"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 00
involving the planting,growing,harvesting,drying,curing,grading,or trimming of cannabis.
c
"Cultivation Site"has the same meaning as the term as provided in MMRSA at this time,but if that
E
definition is amended by State law in the future,as amended. Currently under MMRSA,it means a N
facility where marijuana is planted,grown,harvested, dried,cured,graded, or trimmed,or that does all or CD
any combination of those activities,that holds a valid state license pursuant to this chapter,and that holds o
a valid local license or permit. m
a
"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
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 c
marijuana products. a)
.2
"Dispensary" has the same meaning as the term as provided in MMRSA at this time,but if that definition 0
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
loom*, to express authorization by local ordinance,marijuana and marijuana products as part of a retail sale.
a
Packet Pg: 521
6.B.b
"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. o
"Distribution"has the same meaning as the term as provided in MMRSA at this time,but if that definition CO
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. c
N
"Distributor"has the same meaning as the term as provided in MMRSA at this time,but if that definition 0
is amended by State law in the future,as amended. Currently under MMRSA, it means a person licensed Q
under this chapter to engage in the business of purchasing marijuana from a licensed cultivator, or c
marijuana products from a licensed manufacturer,for sale to a licensed dispensary. 3
L
"Director" means the City of San Bernardino Planning Director,-or his/her designee.
m
"Greenhouse"means a building, typically constructed of a translucent building material in which plants a
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.
0
E
"Indoor"means situated,conducted,or used within a building or under cover.
m
"Licensee" means a person issued a state marijuana business license under State law. F
CO
"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 N
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
CO
and chemical synthesis at a fixed location that packages or repackages marijuana or marijuana products or LO
labels or relabels its container,that holds a valid state license pursuant to this chapter,and that holds a =
valid local license or permit. E
N
"Manufactured cannabis"has the same meaning as the term as provided in MMRSA at this time,but if 0
that definition is amended by State law in the future,as amended. Currently under MMRSA, it means o
r
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. a
a�
"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
0
products,directly or indirectly,by extraction methods,independently by means of chemical synthesis, or r
by a combination of extraction and chemical synthesis,and is owned and operated by a licensee for these 2
activities.
4-
0
"Marijuana"has the same meaning as cannabis.
0
"Medical marijuana"has the same meaning as marijuana. Z
u
"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
w produces only clones, immature plants,seeds,and other agricultural products used specifically for the w
planting,propagation,and cultivation of marijuana. a
Packet Pg. 522
6.B:b
"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 o
M
activity. °D
0
Y
"Person"has the same meaning as the term as provided in MMRSA at this time,but if that definition is to
amended by State law in the future,as amended. Currently under MMRSA,it means an individual,firm, C14
4-
partnership,joint venture,association,corporation, limited liability company,estate,trust,business trust, 0
receiver,syndicate,or any other group or combination acting as a unit and includes the plural as well as Q
ca
the singular number.
0
"Premise"means a distinct and definite location,which may include a building,a part of a building,a :L
room or any other defined contiguous area. g
Q
"Parcel" means a contiguous quantity of land,in the possession of,or owned by,or recorded as the a
property of the same claimant or person.
o:
"State law"means the State Compassionate Use Act("CUA"),the State Medical Marijuana Program Act 0
("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. 0
"Transport"has the same meaning as the term as provided in MMRSA at this time,but if that definition is cn
amended by State law in the future,as amended. Currently under MMRSA,it means the transfer of a
marijuana or marijuana products from the permitted business location of one licensee to the permitted N
business location of another licensee,for the purposes of conducting commercial cannabis activity
authorized pursuant to this chapter. co
v
"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 E
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.
c
0
"Zoning code" means Title 19(zoning)of the Code.
CD
a
19.420.040 Location,type,and numerical limits requirements.
0
To provide for safe, convenient access for the citizens and patients of San Bernardino: 2
L
A. Marijuana businesses shall only be located within the M-B Overlay 1 or M-B Overlay 2,and shall not 0
Y
be located: Y
c
a�
1.Within the distance restrictions of the uses as described in Business and Professions Code
4-
Section 19322 as of January 1,2016; or 0
Q
U
2.Within 600 feet from any property zoned RE,RL, RS, RU, RM,RMH,or RH as of January 1, ..w 0
2016. Z
c
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 .222
above. a
Packet Pg.523; '
6.B.b
Non-conforming residential uses are not sensitive uses.
.r
0
The subsequent establishment of a sensitive use or sensitive zone as outlined in this section shall not
disqualify an existing marijuana business. o
Y
B.Only the following marijuana business state license types:Cultivation(IA, 113,2A,2B,and 4);
Manufacturing(6,7);Testing(8);Dispensary(10, 10a);Transportation(11);and Distribution(12)as 0°4
defined in the State law will be allowed within the M-B Overlay zones as follows: °
Y
U
Table 1: Q
CU
C
State License Types Allowed by M-B Overlay zones CU
------------ __...........-.-----;
i M-B Overlay zone State License a �;
M-B Overlay 1 _1A,1B,2A,2B,.4,6,7,8, 11 and 12 -- a;
-------...................-�'------------- -.._................_................._---------------- -' {
M-B Overlay 2
_.......-._..................:..]A,6,8, 10 .1...0..A.. , 11 and..12..... ...... ...............
...........
rn
a�
C.Assignment of M-B Overlay I and M-B Overlay 2 on Specific Parcels. Table 2(Assignment of M-B o
Overlay I and M-B Overlay 2 by Parcel)lists every parcel within the City that is included in either M-B
L
Overlay 1 or M-B Overlay 2. c
L
d
co
Table 2:
a
Assignment of M-B Overlay 1 and M-B Overlay 2 by Parcel.
oo
LO
APN Overlay Zone APN Overlay Zone _..j
-- -._...._------- ----------.....---- ..-.-_.._.------- ------._:........a- -------
0136-462-01 M-B Overlay 1 _ 0136-451-12 �M-B Overlay 1
CU
0136-462-02 M-B Overlay 1 - _0136_451_13- --; M-B Overlay 1 _- ! N
0136 462-03_ _ M-B_Overlay 1 - _-, 0136_451-14 M_B Overlay1 _ _ 1
. _ _ .. ---1 c9
0136-462-04 _M-B Overlay 1 - 0136-451 16 M B Overlay 1 C
� ----------------------- --- --------- -�.. ____------- ----.... I ----- _ -------....._...._.l o
-0136-462-05 M-B Overlay 1 ; 0136-451-17 ; M-B Overlay 1 1
0136-462-06 M-B Overlay.l 0136-451-22 M-B Overlay 1 a°
_ - - i
0136-462_07 � _..__..._. M_B Overlay 1 _-.0136-441-.02--------- ; M_B Overlay 1 I w
0136-462-08 M-B Overlay 1_ 0136-441-03 _M-B Overlay 1 - l 2
0136-462-09 M-B Overlay 1 0136-441-04 M-B Overlay 1 - !
0136-462-10 M-B Overlay 1 0136-411-01 ; M-B Overlay 1 -
-_.. ..----............_- ---------......� - _..._ i
0136-462-11 M-B Overlay 1 0136-411-02 1 M-B Overla 1 °
0136-462-12 M-B Overlay 1_ 0136-411-03 M-B Overlay 1 -
0136-462-13 M-B Overlay 1 - _-3 0136-411-04 Overlay 1
0136-462-14 M-B Overlay 1 41
_-_ 0136 1-05 M B Overlay 1
__..._
0136-462-16 M-B Overlay 1 - 0136-411-06 1 M-B Overlay 1_
0136-452-01 - M_B Overlay 1 _0136-411_07 _- M-B Overlay _ { o
0136-452-02 M-B Overlay 1 0136-411-08_ __ M-B Overlay 1-__- Z
0136-452-03 M-B Overlay 1 0136-411-09 -- M-B Overlay 1___
0136-452-04 M-B Overlay 1 0136-411-10 ! M-B Overlay 1 s
_......_...__ _._...___..._........_._..... -............. _ ___..._.._..._.__................_........ . --- - -......._..� s
! 0136-452-05 M-B Overlay 1 x_.0136-411-11 ___._...1_M-B Overlay 1_.....
a
Packet Pg. 524
F-0-1-3-6--4-5-2--0-6--, 0136-411-12 flay I
_j
i 0
0135-452-07 M-B Overlay 1 0136-411-13 M-B Overlay I
0136-452-08 M-B-6verlay 1 0136-411-14 M-B Overlay I in
0136-452-10 M-B Overlay 1 0136-411-15 M-B Overlay l....... 0
0136-452-11 M-B Overlay 1 0136-421-01 M-B Overlay I
0136-452-12 M-B Overlay 1 1-02 M-B Overlay 1 04
0136-452-13 M-B Overlay 1 0136-421-03 0
0136-452-14 M-B Overlay 1 0136-421-04 Overlay I .... .......
--H &i .452-15 M-B Ove r lay 1 0136-4 21-05 M-B Overlay 1
0136-452-16 M-B Overlay 1 0136-421-06
-B Overlay I
M-B Overlay 1 0136-421-07 M-B Overlay 1
------------
0136-452_18- M-B Overlay 1 0136-421-08. M-.B.-Ove.rlay 1----
0136-452-19 M-B Overlay 1 0136-421-09
M-B Overlay I-- Co
0136-452-23 M-B Overlay 1 0136-412-01 M-B Overlay 1
0136-452-24 M Overlay 1 0136-412-02 M-13 Overlay 1 CD
0136-452-25 M Overlay 1 -412-03 M-13 Overlay 1 0
0136
0136-452-26 M-B Overlay 1 0136-412-04 ...... M-B Overlay 1 ............
0136-442-01 M-B Overlay 1 0136-412-05 M-B Overlay I
0136-442-02 M-B Overlay 1 0136-412-06 1 M Overlay 1
--6136-442-03 M-B Overlay 1 0136-412-07 M-B Overlay 1 Co
0136-4422-04 M-B Overlay 1 0136-412-08 1 M-13 Overlay 1
0136-442-05 M-B Overlay 1 0136-412-09 M-B Overlay I
-----------
0136-442-06 M-13 Overlay 1 0136-412-10 ..............
(n
0136-442-07 M-B Overlay 1 0136-412-11 M-B Overlay I
0136-442-08 M-B Overlay 1 0136-412-12 M-B Overlay 1 Co
......... -------- Lo
0136-431-14 0136-412-14 M-B Overlay I
0136-431-15 ___--M_B Overlay 1 3�-� -28 i M-B Overlay 1
j_pL _ _12
0136-431-33 M-B Overlay 1 11 0136-422-01 11 M-B Overlay 1 E
0136-431-34 M-B Overlay 1 0136-422-02 M-B Overlay 1
0136-461-01 M-13 Overlay.1__ -_-_---- 0136-422-03 M-B Overlay I
- ------
0136-461-02 M-B Overlay 1 j 0136-422-04 M-B Overlay 1,_........
0136-461-03 M-8 Overlay 1 0136-422-05 M-B Overlay 1 --
0136-461-04 M-B Overlay B Overlay 1
0136-461-05 M-B Overlay 1 0136-422-07 M-B Overlay 1
0136-461-06 M-8 Overlay 1 0136-422-08 M-8 Overlay I . .......
0136-461-07 M-B Overlay 1 0136-422-09 M-B Overlay 1
0
0136-461-08 —------ 13 M7 Overlay 1 0136-422-10 M-B Overlay 1
............_L.
0136-461-09 M-B Overlay 1 0136-422-1:1 1 M-B Overlay 1
0136-461-10 M-B Overlay 1 0266-362-25 1 M-B Overlay 1
0136-461-11 M-B Overlay 1 T 0265-362.-10_— M-B Overlay I
0
0136-461-12 M-B Overlay 1 0266-362-07 Overlay I
0136A61-13 M-B Overlay 1 0266-362-06 M-B Overlay 1 i 0
0136-461-14 M-B Overlay 1 0266-362-01 I M-B Overlay_j................ z..
0136-461-15 M-B Overlay 1 0266-362-24 1 M-B Overlay 1
0136-461-16 M-B Overlay 1 0266-362-05 1 M-B Overlay 1 1 E
M-B Overlay 1 0266-362-03 -B Overlay I
.......................j...M m
•---........... ........ .............
Packet Pg. 525
i 0136-451-01 ; M-B Overlay 1 .._._....._..._.._.._..._...-.,0266-362-04 -...............I M-B Overlay 1 --
_..____.-__.______.-_._ _.. _... o
0136-451-02 M B Overlay 1 OZ66 362 20 M-B Overlay 1 -
-..
0136-451-03 M B Overlay 1 0266-362-19 iMB Overlay 1 m
_... ;----_- _------------------------------ ----._ ._ °
0136-451-04 _.__. ' M-B Overlay_1.....__.______..__...._..I0266-362-18 - --- M-B Overlay---
---.. ....................i �'
i 0136-451-07 M-13 Overlay 1 1 0266-362-17 j.M-B Overlay 1 i o
-- - -- ---------- _ _.._... ... ............. ...
j 0136-451-08 _ _ M--B Overlay l .............._-...i...M-B Overlay 1...__.._.._..._........ ,`;
___... -
( 0136-451-09 M-B Overlay 1 ' 0266-721-04 ` M B Overlay 1 °
.--.........--- - - ........__. --— I Y.. -- U
0136-451-10 M-B Overlay 1 - 0266-721-01 I M-B Overlay 1 Q
0136-451-11 j M-B Overlay 1 0266-721-02 M-B Overlay 1 ca
. --- --- _:- --- --- M
! 0154-241-38 ; M B Overlay 2 0266-363 33 1 M B Overlay 1_ 3
0149 191-24 1 M B Overlay 2 1 0266-363-34 1 M-B Overlay 1
_..... _. ..- ----- Y - - -{ _ - -... ...._
0150-323-05 M-B Overlay 2 0266-363 63 M-B Overlay 1 _
0285-176-01 ; M B Overlay,2 1 0266-363-62 ; M-B Overlay 1
i 0114-201-61 ... I_M-B Overlay.2,,---,•.• j 0146_241 16.-__ ._.._. ..____.I M-B Overlay_2----- ._-.,
0146-241-12 ( M B Overlay 2 1 0138-081-19 M-B Overlay 2 (D
0138-081-18 i M B Overlay 2 0141-222-24 -- i M-B Overlay 2 _ -- 1 c°
1 0141-222-26 M B Overlay 2 0135 081-34 I M_B Overlay 2 - :a
- _.....--------...._......._...... ... .... _.. _.._.-...._._._
0135-081-20 M-13 Overlay 2 ; 0135-081-22 1 M Overlay 2 - - 1 c
0135-081-21 iMB Overlay 2 ; 0135-081-28 1 M-B Overlay 2
0141-412-38 iMB Overlay 2 1 0142-541-37 M-B Overlay 2 I
.................... .....
-- _......... ................_...._._..•.. ..._.... ..........---.------
._............... . - ----- ....... _....................... ..__. _. . .... . .._
in
D.Should a lot be split or a different Assessor's Parcel Number(APN)be assigned,for any reason, in N
whole or in part,to any real property listed in the table above,all rights,permissions,and restrictions r
granted by the establishment of the overlay zone shall run with the real property as identified by the APN LO
in Table 2 of this Chapter as of January 1,2016.
c
E. No more than a total of five(5)marijuana business dispensaries may operate within the City at any E
N
one time.
C7
19.420.050 Development Standards. o
.2
The following development standards shall apply to: a
A. All marijuana businesses
w
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 L
v
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. °
m
5. The entire exterior grounds,including the parking lot,shall be lighted in such a manner that all
Y
areas are clearly visible at all times. Z
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. (D
7. All entrances to marijuana businesses shall be clearly and legibly posted by a notice indicating
that minors are prohibited from entering the premises.
4
Packet Pg.526
6.B.b
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 o
premises,from any public way or from any location outside the building or area of such m
establishment.This provision shall apply to any merchandise, display, decoration,sign,show e
r
window or other opening. C°
10. All exterior areas of the marijuana business,including buildings,landscaping,and parking areas N CD
shall be maintained in a clean and orderly manner at all times. o
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 CU
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
o!
any individual committing a crime anywhere on or adjacent to the exterior of the e°
property;
c. Record and maintain video for a minimum of fourteen(14)days.
L
CD
13. Install and use a fire and burglar alarm system that is monitored by a company that is staffed m
twenty-four hours(24)a day,seven(7)days a week. c°
14. Shall not maintain more marijuana on the premises than is permitted under applicable State law. _
a�
15. Report to the proper authorities any diversion,theft,or loss as required by State law.
CO
LO
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. _
CU
E
17. Shall operate in a manner consistent with State law governing the activities of their marijuana 3
business license type.
c
0
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, a.
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, o
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. o
5. Smoking Prohibition.Smoking of Tobacco in all workplaces,including marijuana dispensaries is, 2
prohibited. However,recognizing that some qualified patients may have an immediate medical z
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. M
�a
19.420.060 Permitted zone classification.
Packet Pg.527
F 6.B.li
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.
0
19.420.070 Marijuana business permit—Required. m
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. c
N
19.420.080 Marijuana business permit—Application. o
v
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:
m
A. The name and address of the applicant;
a>
B. Evidence that the applicant:
0
1. Is the owner of the premises involved,or
L
M
2. Has the permission of such owner to make such application, or F
M
3. Is or will be the plaintiff in an action in eminent domain to acquire the premises involved; _
Cn
C. The legal description of,and if there is a street address,the street address,otherwise a description -a
c
of,the premises upon which the requested use is to be maintained; m
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; v
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; E
F. A statement detailing the uses for each building and structure as shown on the site plan;
0
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 a
scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six
inches. L
H. Three copies of white background prints of a map drawn to scale specified by the city engineer, o
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; ~-
0
I. One copy of the map referred to in subsection H of this section shall show the use to which each
Y
and every lot and parcel of land is put; 0
z
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. E
U
K. Live Scan fingerprints of the applicant to enable the San Bernardino Police Department to w
perform a background check on the applicant. Q
Packet Pg.528
O.B.b
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.
0
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. o
cc
19.420.090 Application fee. c
N
When a marijuana business permit application is filed, it shall be accompanied by a filing fee in the o
amount of two hundred fifty dollars($250.00).
Q
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
m
application under the following conditions: s
1. The director will issue the marijuana business permit if all applicable requirements of this
chapter and this Code are satisfied. o
.r-
2. If the director finds that any of the applicable requirements of this chapter or this code are -a
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 m
application will be denied.
Cn
19.420.1'"P ermit fee. c
as
A. When a arijuana business permit application is approved or renewed,p
ermittee shall remit to the
City a permit fee in the amount of set forth by State issued license type below: 00
1.Marijuana business cultivation-Any and all State License Type IA, 113,2A,and 2B marijuana
c
businesses shall pay an annual fee of five dollars($5.00)per square foot of canopy as defined in ca
E
this Code.
c�
2. Marijuana business manufacturing-Any and all State License Type b, and 7 marijuana o
businesses shall pay an annual fee of five dollars($5.00)per square foot of the premises occupied r
d
by such businesses. a
d
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.
U
4.Marijuana business distribution-Any and all State License Type 11 marijuana businesses shall o
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. o
as
5.Marijuana business transportation-Any and all State License Type 12 marijuana businesses o
shall pay an annual fee of one hundred dollars($100.00)per transportation and distribution z
vehicle and five dollars($5.00)per square foot of the premises in which their offices and
marijuana storage facilities occupy. E
0
a
Packet Pg. 529
M
6. Marijuana business dispensaries-Any and all State License Type 10,and I OA marijuana
businesses shall pay an annual-fee of five dollars($5.00)per square foot of the premises occupied
Y
by such businesses. —°
7.Marijuana business nurseries—Any and all State License Type 4 marijuana businesses shall o
pay an annual fee of one dollar($1.00)per square foot of canopy as defined in this Code.
0
B. The permit fees generated shall be deposited into the general fund and the City Council shall consider N
the following priorities before distributing the funds:
a
1.Enforcement of this provision.
2.Mitigating possible adverse effects on local area youth through support of after school
L
programs,drug education,and at risk youth programs
3.Infrastructure improvements within the City limits. a
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. _
a)
m
19.420.115 Delivery.
m
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.
CO
Ln
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 N
Chapter shall prevail over the conflicting Municipal Code or Development Code provision. '
c
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 2
laws and regulations regarding:use of childproof product containers; labeling;patient confidentiality; v
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. c
0
19.420.140 Suspensions or revocations. 0
The director may suspend or revoke a marijuana business permit if he/she finds that one or more of the z
following conditions exist:
c
m
A. The marijuana business does not comply with,and fails to remedy such non-compliance in a E
timely manner,any of the requirements outlined in Section 19.420.050 of this Chapter;
� "r
a
Packet Pg.530
.6:B.b
y f
B. The business owner,its employee,agent or manager has been convicted in a court of competent
jurisdiction of-
2
1. Any violation of any statute, or any other ordinance arising from any act performed in the M
exercise of any rights granted by the permit,the revocation of which is under consideration, or o
0
2. Any offense involving the maintenance of a nuisance caused by any act performed in the o
exercise of any rights granted by the permit the revocation of which is now under consideration; N
0
C. The business owner,its employee,agent or manager has knowingly made any false,misleading Q
or fraudulent statement of material fact in the application for a permit. _
19.420.150 Appeals. .L
Any person aggrieved by a decision of the director made under this chapter has the right to appeal such
m
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 o
city clerk,including payment of the applicable fee established by city council resolution. The appeal E
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 m
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
CD
time for compliance of any original order will be stayed during the pendency of the appeal hearing. ch
T
C. Hearing by Hearing Officer. The hearing officer will consider the testimony of the appellant, city LO
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. N
t9
D. Any person dissatisfied with the hearing officer's decision may seek prompt judicial review of c
such decision pursuant to California Code of Civil Procedure Section 1094.8.
d
a
19.420.160 Severability a�
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 v
parts shall not be affected,but shall remain in full force and effect,and to this end the provisions of this p
Chapter are severable. _
d
c
0
SECTION 6:REPEAL OF EXISTING CITY OF SAN BERNARDINO CODE 0
.2
A. Chapter 5.05 of Title 5 of the City of San Bernardino Municipal Code is hereby repealed. z
B. Section 19.06.026 of Chapter 19.06 of Title 19 of the City of San Bernardino Municipal Code is
a�
hereby repealed. E
�► y
a
Packet Pg. 531
6.B.b
2016 APR -6 PM 3: 44,
0
m
Fj O
cfl
.r+ CV
0
� t O
U
Q
Cu
O
�L
cCz
G
M
Cu @
N
C F:
(D (1)
0. O
U
Q �
(� C
� d
T
00
O^ V
O O
Q
Na�
C CU
o Q C)
CL o
0
c
O
0)
U
O
Z
c
d
U
d w
Q
R
Z
Packet Pg. 532
63.0
i�i t-!l ICY
1 L
�i f�i vt i
Aeknowledsement of Proponent"
�oI6 APR -6 pm 3. 44
O
I, y l ylu*4 &o .wuA,W , acknowledge that it is a misdemeanor under state m
(Print Name) 41
law(Section 18650 of the Elections Code)to knowingly or willfully allow the signatures to
0
N
on an initiative petition to bd used for any purpose other than qualification of the
U
Q
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 ,
d
measure for the ballot. —°
>s
a�
0
_
=a
L
r =
L
d
Signatur 0°
Dated this 6 day of_4-Dia'I 20 _ Cn
CO
LO
_
E
N
7
C
O
w
d
a
a�
L
U
O
w
y
_
_
4-
0
V
V
0
Z
_
0
E
s
0
r
Q
Packet Pg. 533
Notice of Intent to Circulate Petitiom
APR.-6 PIJ 3: 44
Notice is hereby given by the persons whose names appear hereon of their intention to .2
circulate the petition within the City of San Bernardino, CA for the purpose of regulating m
the marijuana industry. A statement of the reasons of the proposed action as contemplated
in the petition is as follows: N
• Protect the public health and safety through reasonable limitations on marijuana
businesses. Q CU
• 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 o
persons who qualify to obtain,possess, and use marijuana for purposes consistent
L
with State law. c
L
a�
• Bring 800+ living wage jobs to the City of San Bernardino. m
CU
U)
• Provide annual revenue of between 15 and 21 million dollars to the City of San
Bernardino's General Fund. (n
CO
Ln
c
E
r N
Vi ent<zn n
0
San Bernardino,CA
a
w
L
U
0
r
c
c
O
m
v
w
O
z
C
d
E
U
f0
a+
Q
Packet Pg. 534
t`.vt d
Request that a Ballot Title and Summa be prepared b the Attorne
2416 APR-"G :43
0
1, N-P,y� Gt)zA„rio-y) , a resident of the City of San Bernardino and a m
(Print Name) o
proponent of the Regulate Marijuana Act submitted to the City Clerk of San Bemadino 0
T
N
today, /, 2016,request that the City Attorney of San Bernardino c
prepare a Ballot Title and Summary for the proposed measure. a
_
�L
CO
Print Name: ��pyt 6AW&O
o:
O
Signature:
ca
_
L
MMd
W
_
CO
v/
T
00
LO
_
E
N
C
O
N
a.
m
L_
U
O
w
_
d
_
v-
O
d
U
O
Z
C
a�
E
t
v
cv
a
Packet Pg. 535
J.
CQVI 17-4P. ,
5 "
..
INITIATIVE MEASURE TO BE SUBMITTED DIREFffy TA9"IfIVOTERS
The City Attorney of the City of San Bernardino has prepared the following title and o
summary of the chief purpose and points of the proposed measure: m
0
BALLOT TITLE
0
A Proposed Measure Adopting Regulations Establishing Standards for the Operation of Medical o
Marijuana Businesses within the City of San Bernardino and Repealing Existing Municipal Code a
Provisions Prohibiting Medical Marijuana Uses.
BALLOT SUMMARY
This measure, titled "San Bernardino Regulate Marijuana Act of 2016" ("SBRMA") would o
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 W
San Bernardino ("City").
L
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 co
establishment or operation of medical marijuana uses unlawful subject to administrative fines,
misdemeanor criminal prosecution,or civil nuisance abatement. Cn
The SBRMA would repeal this ban and create operation regulations for lighting, signage, Ln
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 N
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 Q
the City would only be permitted by state licensed dispensaries holding a City permit. Persons
in
convicted of certain felonies would be prohibited from operating a medical marijuana business. n
The SBRMA would allow medical marijuana uses in two newly created overlay zones: M-B E
Overlay 1 and M-B Overlay 2. N
M-B Overlay 1 allows indoor and mixed-light cultivation, manufacturing with and without cc
volatile solvents,nurseries,testing, distribution, and transportation.
0
M-B Overlay 1 consists of two areas zoned Industrial Light. The first area is generally defined m
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 E
Parkway to the South, Interstate 215 to the East, a flood control channel to the North, and Cajon r
Boulevard to the West. Q
i
Packet Pg. 536
6:3.c
M-B Overlay 2 would allow indoor cultivation, manufacturing without volatile solvents, testing,
dispensary,distribution,and transportation.
0
The M-B Overlay 2 is composed of 20 parcels in 12 locations distributed across the City. m
O
w
To operate in either M-B Overlay 1 or M-B Overlay 2 the parcel must be at least 600 feet from
any schools or residential zones. N
w
O
CERTIFICATION
Q
This ballot title and summary are hereby submitted to the elections official in conformance with
Section 9203 of the Elections Code of the State of California.
Dated: April 21,2016 �r
CU
Gary D. Saenz o
_
City Attorney
L
a)
Attest: m
Georgeann Aanna Cn
City Clerk oo
v
_
�a
E
N
7
Q
m
N
I
to
E
E
Cn
'O
_
d
r
H
O
t4
m
_
O
E
L
V
R
w
Q
Racket Pg. 537'
City of San Bernardino
Mayor and Common Council
Marijuana Regulatory Ordinance
August v. 7 .
A Brief History
• Prop 215 (Compassionate Use Act)
— Passed November 14, 1996
— Codified at Health and Safety Code section 11362.5
— Stated Purpose:
• Ensure seriously ill Californians have the right to obtain and use marijuana for
medical purposes
• Ensure that patients and their primary caregivers who obtain and use
marijuana for medical purposes are not subject to criminal prosecution or
sanction.
• Encourage federal and state governments to implement a plan to provide for
the safe and affordable distribution of marijuana to all patients in medical
need (H&S Code section 11362.5(b)(1)(A)-(C)
— What did it really do?
• Provided an affirmative defense to criminal charges for possession and
cultivation of marijuana, for patients and a patient's primary caregiver, who
possess or cultivate marijuana for the personal medical use of the patient.
(H&S Code section 11362.5(d)).
A Brief History
• What is a primary caregiver?
— The individual designated by the person exempted
under this section who has consistently assumed
responsibility for the housing, health, or safety of
that person. (H&S Code section 11362.5(e)).
• What medical conditions qualify?
— Cancer, anorexia, AIDS, chronic pain, spasticity,
glaucoma, arthritis, migraine, or any other illness
for which marijuana provides relief.
A Brief History
• Medical Marijuana Program Act (MMPA)
— Senate Bill 420 passed in 2003
— Codified at H&S sections 11362.7, et seq.
— What did it do?
• Implemented an identification card system that county health departments, or
the county's designee, are required to operate. (H&S Code 11362.71-
11362.76)
• Provided qualified patients and primary caregivers with limited immunity from
prosecution for specified sections of the H&S Code (possession, use, transport,
etc.). (H&S Code 11326.765)
• Did not authorize any individual to cultivate or distribute marijuana for profit,
but does allow a primary caregiver to receive compensation for actual
expenses. (H&S Code 11362.765(a) and (c)).
• Provided an affirmative defense for specified H&S Code violations to qualified
patients, persons with valid ID cards, and designated primary caregivers "who
associate with the State of California in order to collectively or cooperatively
cultivate cannabis for medical purposes." (H&S Code 11362.775)
A Brief History
• MMPA clarified the definition of "primary caregiver" (H&S
11362.7).
— The individual, designated by a qualified patient or by a person
with an identification card, who has consistently assumed
responsibility for the housing, health, safety of that patient or
person.
— May include:
• Specified licensed facilities (health care facility, residential care facility
for persons with chronic life-threatening illnesses, etc.)
• Someone who is designated as a primary caregiver for more than one
individual, if every qualified patient resides in the same city or county
as the primary caregiver.
• If only designated for one person, the primary caregiver does not have
to live in the same city or county.
— Primary caregivers must be at least 18 years old.
A Brief History
• Defined "qualified patient" (H&S 11362.7(f))
— A person who is entitled to the protections of the
CUA but does not have an identification card.
• Expanded definition of "serious medical
condition" to include: Cachexia, persistent
muscle spasms, seizures, severe nausea, and
"any other chronic or persistent medical
symptom."
A Brief History
• Later added provisions (2011) :
— Limited a "medical marijuana cooperative,
collective, dispensary, operator, establishment or
provider" from being located within a 600-foot
radius of a school. (H&S Code 11362.768(b))
— Maintained local authority to further restrict the
location or establishment of a medical marijuana
cooperative, collective, dispensary, operator,
establishment, or provider. (H&S Code
11362.768(f)).
Notable Cases
• Gonzalez v. Raich (2005) — The CUA and MMPA had no effect on the
federal enforceability of the Controlled Substances Act. Prohibitions
on the possession, distribution, or manufacture or marijuana
remains fully enforceable.
• Ross v. RagingWire Telecommunications (2008) the CUA did not
affect employers' rights and employers could still terminate
employees who were qualified patients but failed drug tests.
• City of Riverside v. Inland Empire Patient's Association (2013) —
Seminal case that upheld the city's prohibition of dispensaries
anywhere in the city. Held that MMPA and CUA constitute limited
exceptions to the state's criminal and nuisance laws. They do not
create a right to use, cultivate, or collectively cultivate medical
marijuana.
Notable Cases
• Moral v. City of Live Oak (2013) — Upheld a county ordinance that
completely prohibited the cultivation and sale of marijuana. CUA and
MMPA did not confer a right of access to marijuana for medical purposes.
A city can ban personal cultivation.
• Kirby v. City of Fresno (2015) — Upheld a city ban on all marijuana
cultivation and sales. Also found unless as a nuisance abatement penalty,
city could not use criminal process as means of enforcement. The
California Supreme Court denied review and denied request for de-
publication.
• Safe Life Caregivers et al. v. City of Los Angeles (2016) — Challenge to LA's
Prop D. Reaffirmed post-MMRSA that there is no right to use, sell, or
cultivate marijuana. Distinguishes the holding in Kirby by stating that the
"MMPA does not provide immunity from arrest or prosecution generally
for the collective cultivation of marijuana."
In the City
• In 2011 the City of San Bernardino banned the
operation of marijuana businesses in the City,
including cultivation, manufacture, delivery,
and sale. The ban is located at SBMC 5.05 and
19.06.026.
• The County also bans dispensaries and
outdoor cultivation in unincorporated
portions of the County.
Medical Marijuana Regulation and
Safety Act ( M M RSA)
• AB 266, AB 243, SB 643
• Signed by the Governor on October 9, 2015
• Established the Bureau of Medical Marijuana
Regulation within the Department of Consumer Affairs;
• Delineated the departments at the state level
responsible for licensing and enforcement of specific
commercial cannabis activities;
• Created a dual (state and local) licensing scheme for
commercial cannabis activities; and,
• Maintained local authority to regulate and band
commercial cannabis activity, and if banned, precluded
the state from licensing the activity.
MMRSA
• Licensing
— Renewed annually
— A licensee shall not also be licensed as a retailer of
alcoholic beverages
— Specified basis for revocation of a licensee and
hearing procedures
• Employers
— MMRSA does not interfere with an employer's right to
maintain a drug free workplace
— Does not require an employer to permit or
accommodate the use, etc., of marijuana in the
workplace
MMRSA
• M M RSA licenses commercial marijuana
activity. Largest change from the MMPA.
• Includes cultivation, possession, manufacture,
processing, storing, laboratory testing,
labeling, transporting, distribution, or sale of
medical cannabis or a medical cannabis
product, related to qualified patients and
primary caregivers.
State Responsibilities
• What doesn't the MMRSA apply to?
— Qualified Patients and their Caregivers under
specific guidelines
— Cultivation of less than 100 square feet for
personal use or 500 square feet for Caregivers
under specific guidelines
— These exemptions do not force local jurisdiction
to allow the activity
State Responsibilities
• Environmental Impacts
— Specifies that indoor and outdoor cultivation be
conducted in accordance with state and local laws
related to land conversion, grading, electricity usage,
water usage, water quality, agricultural discharges,
etc.
— SWRCB — Oversees water issues
— Dept. of Pesticide Regulation — Oversees pesticides in
cultivation
— Dept. of Fish and Wildlife — Regulates water diversion
and discharge effects on wildlife
Local Authority
• Dual Licensing — Requires licensee to obtain a
local license/permit/approval before applying
to the state
• City may adopt ordinances that adopt
additional standards, requirements, and
regulations for local licenses and permits for
commercial cannabis activity
• City may continue to ban
State Initiatives
• State Initiatives — Legalization of recreational use likely on
November ballot
• Initiative with most support is "Control, Regulate, and Tax Adult Use
of Marijuana Act" but is commonly referred to as "The Parker
Initiative"
• Supporters
— Sean Parker — Founder of Napster and former President of Facebook
— Dr. Donald Lyman — Former Chief of the Division of Chronic Disease &
Injury Control at the CDPH
— Michael Sutton — Former President of the CA Fish and Game
Commission
— California Medical Association
— Lt. Governor Gavin Newsom
Parker Initiative
• Legalizes the recreational use of marijuana for adults 21 years and
older
• Creates a state licensing, regulation, and enforcement scheme
• • Allows local regulation, including bans, on recreational marijuana
businesses. Prohibits adoption of a complete ban on personal
indoor cultivation, but regulation is permissible. Outdoor regulation
remains subject to a local ban
• Includes an additional type of marijuana business known as a
"microbusiness" where the cultivation, distribution, manufacture
and retail sale all occur at the same location
• Allows enforcement of state standards by local agencies
• Modifies some elements of medical marijuana regulation, including
removing the catchall type of relief for marijuana recommendation.
i
Parker Initiative
• More than one type of license may be issued to
same person/business, no limit on cross-licensing
• Provides for the following taxes
— Excise tax on sale of marijuana
— Cultivation tax on all harvested marijuana
— No specific grant to cities to tax (not required)
• Additional provisions are geared towards
preventing "big tobacco" corporate governance
of marijuana
Still to come . . .
• Additional state clean up legislation
• AB 1575 in the works (renames BMMR to
Bureau of Medical Cannabis Regulation) and
other clean up provisions
• BMMR needs to be established, employees
hired, etc.
• State agencies need to set up regulatory
schemes
City Initiatives
The City has two ballot measures that have
received sufficient number of signatures to
qualify for the November Ballot, the San
Bernardino Regulate Marijuana Act of 2016 and
the San Bernardino Medical Cannabis
Restrictions and Limitations Act.
San Bernardino Regulate Marijuana
Act of 2016
Creates Two Overlay Districts
by APN (Property Number)
- throughout the City.
Y _ Red Dots are the APNs
"�°' identified for Marijuana
T a
Dispensaries.
Yellow Areas, circled in Green,
nl- are the APNs devoted to
(' 9
cultivation and other
industrial uses.
Guzman Initiative
W
San Bernardino Medical Cannabis
Restrictions and Limitations Act
Commercial General 1
(CG-1), Commercial
Regional 2 (CR-2), or
Office Industrial Park
(OIP) and 600 feet from
V ea I
Schools and 250 feet
from Parks.
p.. — v� A
7 Y.M •R f ���
}
7
q"
Redmon Initiative
Potential Council Ballot Measure
• Would repeal 19.06.026 of the Development
Code — Which prohibits land use entitlements
to be granted for marijuana uses.
• Would rewrite 5.05 moving from a ban on
marijuana activities to highly regulated
framework.
Summary of Proposed Council Ballot
Measure
• Comprehensive Regulatory Framework
— Definitions track current state law definitions,
including those in the MMRSA, though City uses
the term "Marijuana" while State Law is moving
towards the use of "Cannabis."
— Potential Decision — Use Marijuana or Cannabis
throughout the Ballot Measure?
Summary of Proposed Council Ballot
Measure
• Commercial Marijuana Activity = Cultivation,
Manufacturing, Testing, Distribution, and Dispensaries.
• License Required for Each Activity. Cultivators and
Manufacturers can hold two licenses, but the others
can only hold one license. Tracks State Law
requirements. Prevents vertical integration.
• Potential Decision — State Law may change allowing for
small scale cultivation / manufacturer / dispensary,
essentially equivalent to a microbrewery model. The
Council could remove the multiple license prohibtion.
Summary of Proposed Council Ballot
Measure
• Violations — Allows violations to be charged as
misdemeanors or infractions, gives authority
to the City Attorney's Office to make decision
during prosecution. Sets fines.
• Potential Decision — Require prosecution as a
misdemeanor.
Summary of Proposed Council Ballot
Measure
• License Application
— Approved by Director of Community Development.
— Potential Decision — Have another person/entity
within the City make decisions of applications,
renewals, and revocations.
— Application and Renewal are Discretionary.
— Potential Decision — Have the decision be ministerial.
If application/renewal meets all objective criteria,
then application or renewal must be approved by the
City.
Summary of Proposed Council Ballot
Measure
• Fees
— Application/Renewal Fee Set by Council — To
recoup costs of application processing and
background investigation.
— Regulatory Fee Set by Council — To recoup costs of
enforcement of the provisions of the Chapter.
— Potential Decision — Cap the fees or limit the
authority to set fees for certain activities.
Summary of Proposed Council Ballot
Measure
• License Expiration
— Automatically expires after one year, must be
renewed annually in process similar to original
application to ensure assumptions and
information remains up to date.
— Potential Decision — Have License automatically
renew annually unless revoked, or have license
issued for indefinite duration.
Summary of Proposed Council Ballot
Measure
• Revocation and Appeals
— License applications, renewals, and revocation
decisions may be appealed to the Hearing Officer
appointed by the Mayor and Common Council.
The Hearing Officer will review the decisions of
the Director for abuse of discretion.
— Potential Decision — Have the appeal to another
person/entity at the City. Have the appeal under a
different standard.
Summary of Proposed Council Ballot
Measure
General Operating Standards
— Applicable to all CMA, including Dispensaries:
• Indoor only
— Potential Decision — Allow outdoor activities, such as
cultivation/farmer's market dispensaries.
• Criminal Background — No felonies, drug/weapon
misdemeanors or crimes of moral turpitude.
— Potential Decision — Limit or expand the criminal background
requirements.
• Security Guard — Present at all times marijuana is present.
Not required to be armed, but may be.
— Potential Decision — Limit to when open to the public,
require/prohibit the guard being armed.
Summary of Proposed Council Ballot
Measure
• General Operating Standards (cont.)
— Alcohol/Tobacco
• Not permitted to be sold/consumed at premises.
— Marijuana Consumption
• Not permitted at premises.
• Potential Decision — Allow consumption.
— Minors
• Not permitted at premises.
• Potential Decision — Allowed with
parent/guardian/attending physician present.
Summary of Proposed Council Ballot
Measure
• General Operating Standards (cont.)
— Complaint Hotline
• Required to post City Number for Complaints, respond
within 24 hours.
• Potential Decision — Require log of complaints to be
kept by CMA, reported to City on regular basis.
Summary of Proposed Council Ballot
Measure
• Dispensary Operating Standards — Additional
Standards only for Dispensaries
— Additional Security Guard — to patrol neighborhood.
• Potential Decision — No second guard.
— Hours of Operation — M-Sat 10am-8pm, Sun 11am-
7pm
• Potential Decision — Other hours of operation.
— Delivery Prohibited
• Potential Decision — Allow delivery with additional
regulations.
Summary of Proposed Council Ballot
Measure
• Location Restrictions
— All CMA to operate within Industrial Zones: OIP, IL, IH,
and IE. This is consistent with most of the similar uses
(Cultivation is Agricultural Production — Crops, etc.).
— Sensitive Uses — All CMA
• 600 feet of School, Park, Library or Recreation Center.
• 100 feet of any Residential Zone or Religious Facility
— Sensitive Uses — Dispensaries
• 1000 feet of School, Park, Library, Recreation Center, or
Religious Facility.
• 300 feet of Residential Zone.
• No two dispensaries may operate within 1000 feet of each
other.
Summary of Proposed Council Ballot
Measure
IN I
e,
} Y
s ..
wu
r
' — 31 T t
City Initiative
• • •
I
Summary of Proposed Council Ballot
Measure
a
w st
'af
city Initiative Dispensary
I
Summary of Proposed Council Ballot
Measure
• Potential Decision — Change the allowed areas
for CMA to operate within and/or change the
sensitive use buffers.
Summary of Proposed Council Ballot
Measure
• Amendments — Measure allows the M/CC to
make amendments to this law as if it were
originally passed by the M/CC.
• Competing Measures — If this Measure
receives more affirmative votes than the other
measures on marijuana, this will control.
t, Legend Wanda
r
Psbrous Fra r- a, ww!°tlwaM
14 irk
I a Kz�,wx
� 1M7 ��.r zx�raM
( �r� �`� 5, --ter__-•� , t � ., 3bwom
.1' `� -P d,n!nuarve rm wum
• ,,� ,3 So warn! � � .� m.... ., .°......
\ - 4th Ward
—T \ • - -Aj�
T.
♦ ! r f N' y L
": ....� 1. .,..: 7th Ward 5
25
10 s 1 1
rd
is
- ;Ward 4
as t
s
99 >:
i ! ,L -,
T, 3rd Ward
s
if
21
1st Ward —I
1
r
04 0.
8
w
wM
.e.Ntitr�F
r� I
ti
i
4
, 1 r � - a •,� �R
Redmon Initiative
��T-
Legend Wards
. F.111"1,Ch-
13
Afth Word -Pe
30
:7th Waro
212
M
of
Ward
-A-W
*JMLK_
and Word
tat Word 10
A%21.-
W APN AW'-
124 &W—EILANDAVE
}�- ! - 1 L - 4,e 1 t�' ,e •1 .. _ __.. )) 0350.201-38 150W I E HIGHLAND AVE EDNEST
I 2—FNIG"PEDAVE
161 WBASELINE ST
N.
4 1381--2--2]6 8 WSCMTONAVE
1820WSTFF5T
85 MWEIrTEIST
L
M_m"i 2i W FIFTH ST
-
_117 0141-412 M 1(0 WP[TAMLN
_._� oE .1.1.—'WN11-15T
p M M 3—
- FIREIST
36-5 0135081-22 MWFIFTHST
1 0 ASSEM��DATA
M�24E 16
01351-18 350WFIFTHST
:w E136142-01 NOSIXH'LAL1.1L,17NWE11TA
0141-R2-24
0142-511-37 48658ANCH AVE
7741 WpMj�t—WNW
Guzman Initiative
Wards
18
.1-d
A
4th W.,d
f^ ?:'K"t �'-�— { ., 1'• :7 th Ward
Li
--- 71
x 1 59 f
rd
60
weal
4A
17�
VT 3rd Word r7�
fl.
IF
6 Ist wam 210
'Ll
7ILC
lk,
IT
City Initiative Dispensary Map
pp >
X- L.9ond Wards
18
--d
INN-
_jf
7%
A
4th Ward
Z,
7�1 A
330
A 7th Ward
a Id
6th
Al
m m
Y
3rd Wsrd
41�r
lot mmd i 0
7—T
A
A
City Initiative Industriai Cannabis Map
8/1/2016
City of San Bernardino
Mayor and Common Council
Marijuana Regulatory Ordinance
August 1,2016
A Brief History
• Prop 215(Compassionate Use Act)
— Passed November 14,1996
— Codified at Health and Safety Code section 11362.5
—Stated Purpose:
• Ensure seriously ill Californians have the right to obtain and use marijuana for
medical purposes
• Ensure that patients and their primary caregivers who obtain and use
marijuana for medical purposes are not subject to criminal prosecution ar
nction.
• Encourage federal and state governments to implement a plan to provide for
the safe and affordable distribution of marijuana to all patients in medical
need(H&5 Code section 11362.5(b)(1)(A)-(C)
— What did it really do?
• Provided an affirmative defense to criminal charges for possession and
cultivation of marijuana,for patients and a patient's primary caregiver,who
possess or cultivate marijuana for the personal medical use of the patient.
(H&5 Code section 11362.5(d)).
4
A Brief History
• What is a primary caregiver?
—The individual designated by the person exempted
under this section who has consistently assumed
responsibility for the housing,health,or safety of
that person.(H&S Code section 11362.5(e)).
• What medical conditions qualify?
—Cancer,anorexia,AIDS,chronic pain,spasticity,
glaucoma,arthritis,migraine,or any other illness
for which marijuana provides relief.
1
8/1/2016
A Brief History
• Medical Marijuana Program Act(MMPA)
—Senate Bill 420 passed in 2003
— Codified at H&S sections 11362.7,et seq.
— What did it do?
• Implemented an identification card system that county health departments,or
the county's designee,are required to operate.(H&5 Code 11362.71-
11362.76)
• Provided qualified patients and primary caregivers with limited immunity from
prosecution for specified sections of the H&S Code(possession,use,transport,
etc.).(H&S Code 11326.765)
• Did not authorize any individual to cultivate or distribute marijuana for profit,
but does allow,a primary caregiver 1,receive compensation for mr-1
expenses.(H&S Code 11362.765(.)and
• Provided an affirmative defense for specified H&5 Code violations to qualified
patients,persons with valid ID cards,and designated primary caregivers"who
associate with the State of California in order to collectively or cooperatively
cultivate cannabis for medical purposes."(H&S Code 11362.775)
A Brief History
• MMPA clarified the definition of"primary caregiver"(H&S
11362.7).
—The individual,designated by a qualified patient or by a person
with an identification card,who has consistently assumed
responsibility for the housing,health,safety of that patient or
v person.
—May include:
Specified licensed facilities(health care facility,residential care facility
for persons with chronic life-threatening illnesses,etc.)
• Someone who is designated as a primary caregiver for more than one
individual,if every qualified patient resides in the same city or county
as the primary caregiver.
• If only designated for one person,the primary caregiver does not have
to live in the same city or county.
—Primary caregivers must be at least 18 years old.
A Brief History
• Defined"qualified patient"(H&S 11362.7(f)) -
-A person who is entitled to the protections of the
CUA but does not have an identification card.
• Expanded definition of"serious medical
condition"to include:Cachexia,persistent
muscle spasms,seizures,severe nausea,and
"any other chronic or persistent medical
symptom."
4
2
8/1/2016
A Brief History
• Later added provisions(2011):
—Limited a"medical marijuana cooperative,
collective,dispensary,operator,establishment or
provider"from being located within a 600-foot
radius of a school.(H&5 Code 11362.768(b))
—Maintained local authority to further restrict the
location or establishment of a medical marijuana
cooperative,collective,dispensary,operator,
establishment,or provider.(H&5 Code
11362.768(f)).
Notable Cases
• Gonzalez v.Raich(2005)—The CUA and MMPA had no effect on the
federal enforceability of the Controlled Substances Act.Prohibitions
on the possession,distribution,or manufacture or marijuana
remains fully enforceable.
• Ross v.RogingWire Telecommunications(2008)the CUA did not
affect employers'rights and employers could still terminate
employees who were qualified patients but failed drug tests.
• City of Riverside v.Inland Empire Patient's Association(2013)—
Seminal case that upheld the city's prohibition of dispensaries
anywhere in the city.Held that MMPA and CUA constitute limited
exceptions to the state's criminal and nuisance laws.They do not
create aright to use,cultivate,or collectively cultivate medical
marijuana.
Notable Cases —
Moral v City of Live Oak(2013)—Upheld a county ordinance that
completely prohibited the cultivation and sale of marijuana.CUA and
MMPA did not confer a right of access to marijuana for medical purposes.
A city wn ban personal cultivation.
• Kirby v.City of Fresno(2015)—Upheld a city ban on all marijuana
cultivation and sales.Also found unless as a nuisance abatement penalty,
city could not use criminal process as means of enforcement.The
California Supreme Court denied review and denied request for de-
publication.
• Safe Life Caregivers et al.v City of Las Angeles(2016)—Challenge to LA's
Prop D.Reaffirmed post-MMRSA that there is no right to use,sell,or
cultivate marijuana.Distinguishes the holding in Kirby by stating that the
"MM PA does not provide immunity from arrest or prosecution generally
for the collective cultivation of marijuana"
3
8/1/2016
In the City
• In 2011 the City of San Bernardino banned the
operation of marijuana businesses in the City,
including cultivation, manufacture,delivery,
and sale.The ban is located at SBIVIC 5.05 and
19.06.026.
• The County also bans dispensaries and
outdoor cultivation in unincorporated
portions of the County.
Medical Marijuana Regulation and
Safety Act (M M RSA)
• AB 266,AB 243,SB 643
• Signed by the Governor on October 9,2015
• Established the Bureau of Medical Marijuana
Regulation within the Department of Consumer Affairs;
• Delineated the departments at the state level
responsible for licensing and enforcement of specific
commercial cannabis activities;
• Created a dual(state and local)licensing scheme for
commercial cannabis activities;and,
• Maintained local authority to regulate and band
commercial cannabis activity,and if banned,precluded
the state from licensing the activity.
M M RSA
• Licensing
—Renewed annually
—A licensee shall not also be licensed as a retailer of
alcoholic beverages
—Specified basis for revocation of a licensee and
hearing procedures
• Employers
—MMRSA does not interfere with an employer's right to
maintain a drug free workplace
—Does not require an employer to permit or
accommodate the use,etc.,of marijuana in the
workplace
4
8/1/2016
MMRSA
• MMRSA licenses commercial marijuana
activity. Largest change from the MMPA.
• Includes cultivation,possession,manufacture,
processing,storing,laboratory testing,
labeling,transporting,distribution,or sale of
medical cannabis or a medical cannabis
product,related to qualified patients and
primary caregivers.
State Responsibilities
• What doesn't the MMRSA apply to?
—Qualified Patients and their Caregivers under
specific guidelines
—Cultivation of less than 100 square feet for
personal use or 500 square feet for Caregivers _
under specific guidelines
—These exemptions do not force local jurisdiction
to allow the activity
State Responsibilities
• Environmental impacts
—Specifies that indoor and outdoor cultivation be
conducted in accordance with state and local laws
related to land conversion,grading,electricity usage,
water usage,water quality,agricultural discharges,
etc.
—SWRCB—Oversees water issues
—Dept.of Pesticide Regulation—Oversees pesticides in
cultivation
—Dept.of Fish and Wildlife—Regulates water diversion
and discharge effects on wildlife
5
8/1/2016
Local Authority
• Dual Licensing—Requires licensee to obtain a —
local license/permit/approval before applying
to the state
• City may adopt ordinances that adopt
additional standards, requirements,and
regulations for local licenses and permits for
commercial cannabis activity
• City may continue to ban
4
State Initiatives
• State Initiatives—Legalization of recreational use likely on
November ballot
• Initiative with most support is"Control,Regulate,and Tax Adult Use
of Marijuana Act'but is commonly referred to as'The Parker
Initiative"
• Supporters
—Sean Parker—Founder of Napster and former President of Facebook
— Dr.Donald Lyman—Former Chief of the Division of Chronic Disease&
Injury Control at the CDPH
— Michael Sutton—Former President of the CA Fish and Game
Commission
— California Medical Association -
- Lt.Governor Gavin Newsom
Parker Initiative
• Legalizes the recreational use of marijuana for adults 21 years and
older -
• Creates a state licensing,regulation,and enforcement scheme
• Allows local regulation,including bans,on recreational marijuana
businesses.Prohibits adoption of a complete ban on personal
indoor cultivation,but regulation is permissible.Outdoor regulation
remains subject to a local ban
• Includes an additional type of marijuana business known as a
"microbusiness"where the cultivation,distribution,manufacture
and retail sale all occur at the same location
• Allows enforcement of state standards by local agencies
• Modifies some elements of medical marijuana regulation,including
removing the catchall type of relief for marijuana recommendation.
6
8/1/2016
Parker Initiative
• More than one type of license may be issued to —
same person/business,no limit on cross-licensing
• Provides for the following taxes
—Excise tax on sale of marijuana
—Cultivation tax on all harvested marijuana
—No specific grant to cities to tax(not required)
• Additional provisions are geared towards
preventing"big tobacco"corporate governance
of marijuana
Still to come...
• Additional state clean up legislation
• AB 1575 in the works(renames BMMR to
Bureau of Medical Cannabis Regulation)and —
other clean up provisions
• BMMR needs to be established,employees
hired,etc.
• State agencies need to set up regulatory —
schemes
City Initiatives
The City has two ballot measures that have
received sufficient number of signatures to
qualify for the November Ballot,the San
Bernardino Regulate Marijuana Act of 2016 and
the San Bernardino Medical Cannabis
Restrictions and Limitations Act.
•
7
8/1/2016
San Bernardino Regulate Marijuana
Act of 2016
Creates Two Overlay Districts
�. by APN(Property Number)
throughoutthe City.
fled Dots are the APNs
Y4 identified for Marijuana
Dispensaries
Yellow Areas,circled in Green,
`- s ♦s rte"` are the APNs devoted to
>• ,,y cultivation and other
)..✓ } industrial uses.
I
4
San Bernardino Medical Cannabis
Restrictions and Limitations Act
Commercial General 1
'+ (CG-1),Commercial
Regional 2(CR-2),or
Office Industrial Park
(OIP)and 600 feet from
Schools and 250 feet
from Parks.
s = i
Potential Council Ballot Measure
• Would repeal 19.06.026 of the Development
Code—Which prohibits land use entitlements
to be granted for marijuana uses. —
• Would rewrite 5.05 moving from a ban on
marijuana activities to highly regulated —
framework.
8
8/1/2016
Summary of Proposed Council Ballot
Measure
• Comprehensive Regulatory Framework
—Definitions track current state law definitions,
including those in the MMRSA,though City uses
the term"Marijuana"while State Law is moving
towards the use of"Cannabis." _
L
—Potential Decision—Use Marijuana or Cannabis
throughout the Ballot Measure?
Summary of Proposed Council Ballot
Measure
• Commercial Marijuana Activity=Cultivation,
Manufacturing,Testing,Distribution,and Dispensaries.
• License Required for Each Activity.Cultivators and
Manufacturers can hold two licenses,but the others
can only hold one license.Tracks State Law
requirements.Prevents vertical integration.
• Potential Decision—State Law may change allowing for
small scale cultivation/manufacturer/dispensary,
essentially equivalent to a microbrewery model.The
Council could remove the multiple license prohibtion.
Summary of Proposed Council Ballot
Measure
• Violations—Allows violations to be charged as
misdemeanors or infractions,gives authority
to the City Attorney's Office to make decision
during prosecution.Sets fines.
• Potential Decision—Require prosecution as a
misdemeanor.
9
8/1/2016
Summary of Proposed Council Ballot
Measure
• License Application
—Approved by Director of Community Development.
—Potential Decision—Have another person/entity
within the City make decisions of applications,
renewals,and revocations.
—Application and Renewal are Discretionary.
—Potential Decision—Have the decision be ministerial.
If application/renewal meets all objective criteria,
then application or renewal must be approved by the
City.
Summary of Proposed Council Ballot
Measure
• Fees
—Application/Renewal Fee Set by Council—To
recoup costs of application processing and
background investigation.
—Regulatory Fee Set by Council—To recoup costs of
enforcement of the provisions of the Chapter.
—Potential Decision—Cap the fees or limit the
authority to set fees for certain activities.
Summary of Proposed Council Ballot
Measure
• License Expiration
—Automatically expires after one year,must be
renewed annually in process similar to original
application to ensure assumptions and
information remains up to date.
—Potential Decision—Have License automatically
renew annually unless revoked,or have license
issued for indefinite duration.
10
8/1/2016
Summary of Proposed Council Ballot
Measure
• Revocation and Appeals
-License applications,renewals,and revocation
decisions may be appealed to the Hearing Officer
appointed by the Mayor and Common Council.
The Hearing Officer will review the decisions of
the Director for abuse of discretion.
—Potential Decision—Have the appeal to another _
person/entity at the City.Have the appeal under a
different standard.
Summary of Proposed Council Ballot
Measure
• General Operating Standards
—Applicable to all CMA,including Dispensaries:
• Indooronly
—Potential Decision—Allow outdoor activities,such as
cultivation/farmer's market dispensaries.
• Criminal Background—No felonies,drug/weapon
misdemeanors or crimes of moral turpitude.
—Potential Decision—Limit or expand the criminal background
requirements.
•security Guard—Present at all times marijuana is present.
Not required to be armed,but may be.
—Potential Decision—Limit to when open to the public,
require/prohibit the guard being armed.
Summary of Proposed Council Ballot
Measure
• General Operating Standards(cont.)
-Alcohol/Tobacco
•Not permitted to be sold/consumed at premises.
—Marijuana Consumption
•Not permitted at premises.
• Potential Decision—Allow consumption.
—Minors
• Not permitted at premises.
•Potential Decision—Allowedwith
parent/guardian/attending physician present.
11
8/1/2016
Summary of Proposed Council Ballot
• Measure
• General Operating Standards(cont.)
-Complaint Hotline
• Required to post City Number for Complaints,respond
within 24 hours.
• Potential Decision—Require log of complaints to be
kept by CMA,reported to City on regular basis.
Summary of Proposed Council Ballot
Measure
• DispensaryOperatingStandards-Additional
Standards only for Dispensaries
-Additional Security Guard-to patrol neighborhood.
• Potential Decision-No second guard.
v -Hours of Operation-M-Sat 10am-8pm,Sun 11am-
7pm
• Potential Decision-Other hours of operation.
—Delivery Prohibited
• Potential Decision—Allow delivery with additional
regulations.
Summary of Proposed Council Ballot
Measure
• Location Restrictions
—All CMAto operate within Industrial Zones:OIP,IL,IH,
and IE.This is consistent with most of the similar uses
(Cultivation is Agricultural Production—Crops,etc.).
—Sensitive Uses—All CMA
• 600 feet of School,Park,Library or Recreation Center.
• 100 feet of any Residential Zone or Religious Facility
—Sensitive Uses—Dispensaries
• 1000 feet of School,Park,Library,Recreation Center,or
Religious Facility.
• 300 feet of Residential Zone.
• No two dispensaries may operate within 1000 feet of each
other.
12
8/1/2016
Summary of Proposed Council Ballot
Measure
�k y
t'
! N
4
Summary of Proposed Council Ballot
Measure
1 f�
1 �
t -
Summary of Proposed Council Ballot
Measure
• Potential Decision—Change the allowed areas
for CMA to operate within and/or change the
sensitive use buffers.
13
8/1/2016
Summary of Proposed Council Ballot
Measure
• Amendments—Measure allows the M/CC to
make amendments to this law as if it were
originally passed by the M/CC.
• Competing Measures—If this Measure
receives more affirmative votes than the other
measures on marijuana,this will control.
14