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ORDIANCE NO.
AN INTERM URGENCY ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE
CITY OF SAN BERNARDINO, CALIFORNIA ABOLISHING A MORATORIUM ON
CERTAIN COMMERCIAL MARIJUANA LAND USES AND ACTIVITIES, OUTDOOR
PERSONAL CULTIVATION OF MARTaTTAN_A; AND CANNABIS EVENTS
WHEREAS, on November 8, 2016 the voters of the State of California ("State") enacted
�J Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act ("AUMA") and
WHEREAS, on November 8, 2016, over 55% of the voters of the City of San Bernardino
("City") enacted the San Bernardino Regulate Marijuana Act of 2016 ("Measure O") which
established a zoning and regulatory scheme for the Marijuana business activities regulated under
MCRSA; and
WHEREAS, on November 8, 2016, over 51 % of the Voters of the City of San Bernardino
("City") enacted The San Bernardino Medical Cannabis Restrictions and Limitations
Act" ("SBMCRLA") AKA ("Measure N") which repealed the ("City's") ban on Cannabis and also
established zoning and regulation and a permit process for Cannabis business; and
WHEREAS, November 8, 2016 OVER 51% of The Voters of the rejected Measure P
which was the ("City's ") attempt at regulating Cannabis and or banning Cannabis altogether; and
WHEREAS, on June 27, 2017 the Governor signed SB 94 into law the Medicinal and
Adult -Use Cannabis Regulation and Safety Act ("MAUCRSA"), which incorporated the medical -
marijuana license available under MCRSA into a dual licensing system with the recreational -
marijuana license under AUMA; and
WHEREAS, under MAUCRSA, the City continues to be able to regulate marijuana related
land uses, as well as possession, planting, cultivation, harvesting, testing, drying, and processing of
marijuana: and
WHEREAS, MAUCRSA creates a licensing system whereby the state will issue licenses to
business authorizing them to cultivate, distribute, transport, store, manufacture, process, and sell
marijuana and marijuana products for medical and recreational purposes , with such licenses to be
issued by January 1, 2018; and
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WHEREAS, the State is Continuing to modify and refine the Medical and Adult -Use
Cannabis Regulation and Safety Act (MAUCRSA) ; and
WHEREAS, on December 28, 2017 a court hearing was conducted regarding the validity
of Measure O; and
WHEREAS, on January 18, 2018 a written Tentative Statement of Decision was issued
and Measure O has been invalidated: and
WHEREAS, Pursuant to California Rules of Court, rule 3.1590 subdivision (c) (1), the
ICourts tentative decision serves as the court's proposed Statement of Decision, subject to parry's
objection under California Rules of Court, rule 3.1590 subdivision (g)
WHEREAS, California Rules of Court, rule 3.1590 subdivision (g) states as follows
Any party may, within 15 days after the proposed statement of decision and judgment have
been served, serve and file objections to the proposed statement of decision or judgment.
WHEREAS, It was the intent of the Voters as stated within Measure O to provide a means for
cultivation and use of marijuana for purposes consistent with California Law, to protect public
health and safety through reasonable limitations on marijuana business (as stated By Judge
David Cohn) ; and
WHEREAS, The measure expressly provides for the protection of public health and safety
through reasonable limitations on marijuana business and it is reasonable to infer that many of the
voters who approved Measure O were as interested in being able to buy marijuana within
the City as they were in allowing others to grow it. ( as stated by Judge David Cohn); and
WHEREAS, Nowhere in SB 94 dose it grant the grandfathering of cannabis business as
written it states as follows State Emergency Regulations page 4 of 63 (f) A temporary license dose
not obligate the department to issue an annual license nor dose a temporary license create a vested
right in the holder to either an extension of the temporary license or to the grandfathering of a
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11 subsequent annual license; and
WHEREAS, Prop 64 has been merged and converted to trailer bill SB 94, nowhere in SB 94
II dose the state tell the city the State will will make regulations for the city if they do not adopt their
I own; and
WHEREAS, The residents of the City of San Bernardino have Voted and have asked for
i regulation by over 55% of the vote and have opposed a ban by over 55% of the vote; and
WHEREAS, this ordinance shall abolish the existing moratorium established by Ordinance
No. MC -1452 and instead adopt the following as law for a period of no more than 10 month and 15
I days with an expiration date of December 18, 2018; and
WHEREAS, said abolishment of the existing moratorium is based on the following findings:
1. Government Code 65858 only allows for a moratorium (3) If there is no feasible alternative
to satisfactorily mitigate or avoid the specific, adverse impact identified pursuant to paragraph
(1) as well or better, with a less burdensome or restrictive effect, than the adoption of the
proposed interim ordinance.
2. The health and safety of the people would be better protected and served if the black
cannabis illegal market was aloud to turn in applications and background checks.
3. The City is prepared and dose have an application that has already been prepared and the
city also already has in place the fingerprint form needed to complete background checks.
4. In so adopting the said law the City will save the City and the Residents of this city money
in legal fees and in enforcement fees.
5. The City will promote health and safety and well being by having a compressive list of
cannabis cultivation and dispensary sites along with a list of cannabis related business owners
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NOW, THEREFORE THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
SAN BERNARDINO DOSE ORDAIN AS FOLLOWS:
SECTION 1. Abolish existing moratorium
This Section shall abolish the existing moratorium established by Ordinance
I No. MC -1452 and instead adopt the following as law for a period of no more than 10 month and 15
J days with an expiration date of December 18, 2018.
SECTION 2. The City of San Bernardino dose adopt the state Emergancy Regulations
adopted on December 17, 2017 as there own until which time the City has gained the support of the
residents and the cannabis community and has an ordinance acceptable to both residents and the
f cannabis community.
SECTION 3. The City of San Bernardino reserves the right to enact their own Taxation and
regulation through ordinance and propose the following schedule.
- Community meeting(s) conducted 30-45 days - completed by March 9th
- Staff, Community, consultant and all parties to litigation draft a cannabis ordinance no later
- than April0th.
- Ordinance to be enacted prior to the December 18, 2018 expiration of this document.
- Special Cannabis tax to be placed on the Ballot no later than the November 2018 election
SECTION 4. The City shall adopt package page 644 of the December 20, 2017 Council
meeting Regarding Cultivation in Residential Zones attached as Attachment A.
SECTION 5. The City has already expended resources and manpower to come up with a
Marijuana Business permit application along with a Request for Live Scan form, these forms
attached as Attachment(s) B and C shall be deemed the Cities official application and Request for
Live Scan Form until such time as the city has a complete and through community- ( meaning
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I1 residents and the cannabis community and business owners ( Steak -holders) approved Ordinance
11 regulating Cannabis within The City of San Bernardino.
SECTION 6. The City will allow applicants that can gain Temporary State approval in any and
all license types to operate within the City of San Bernardino, this will not however grandfather in
I any business or applicant to have permeant rights under the forthcoming ordinance.
SECTION 7. Effective Date and duration
This ordinance shall become effective immediately upon adoption if adopted by at least four-
fifths votes of the Mayor and City Council and shall remain in full force and effect for a period not
to exceed 10 months and 15 days with an effective expiration date of December 18, 2018
AN INTERM URGENCY ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE
CITY OF SAN BERNARDINO, CALIFORNIA ABOLISHING A MORATORIUM ON
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CERTAIN COMMERCIAL MARIJUANA LAND USES AND ACTIVITIES, OUTDOOR
PERSONAL CULTIVATION OF MARIJUANA, AND CANNABIS EVENTS
I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the mayor and City
Council of the City of San Bernardino at a special meeting thereof, held on the day of
, 2018 by the following vote to wit:
Council Members: AYES NAYS ABSTAIN BBS NT
MARQUEZ
BARRIOS
VALDIVIA
SHORETT
NICKEL
RICHARD
MULVIHILL
The foregoing Ordinance is nearby adopted this
Approved as to form:
Gary D. Saenz, City Attorney
By:
Georgeann Hanna, CMC, City Clerk
day of 2018.
R. Carey Davis, Mayor
City of San Bernardino
Karmel Roe
1 325 w 6th Street
San Bernardin, Ca 92401
2 (951) 205-8616 - Cell
Email:
4 Karmel Roe, IN PRO PER
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6
7 SUPERIOR COURT OF THE STATE OF CALIFORNIA
8 FOR THE COUNTY OF SAN BERNARDINO
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10 KARMEL ROE
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Plaintiff(s),
vs.
1' CITY OF SAN BERNARDINO et al,
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Defendant(s).
Case No.: CIVDS 1712424
OBJECTION TO THE COURTS
TENTATIVE STATEMENT OF
DECISION
DATE:
12-28-2017
TIME:
8:00am
DEPT:
S26
Judge:
David Cohn
Dept:
S26
Action Filed: 07-2017
Trial Date: (Date or Unassigned)
OBJECTION OF KARMEL ROE
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23 DATED: January 22, 2018
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Your signature
YOUR NAME
In Pro Per
ATTACHP"ENT A
32.b
Topic No. 1— Cultivation in Residential Zones: o
a
No permit shall be required for personal cannabis cultivation. However, if personal cultivation occurs it
must be established and maintained accessory to a legally established dwelling unit, as set forth below
and under State law. ?
A. Single -Family Residences and Detached Residential Condominium Projects. Cannabis for
personal use may be cultivated at a single-family residence or a dwelling unit in a detached residential 0
m
condominium project. The following standards apply to both indoor and outdoor cultivation;
1. Cannabis cultivation shall not be visible from a public right-of-way, private drive, or fire E
lane. E
0
2. Cannabis cultivation shall be limited to six plants per residence, pursuant to AVMA. If a c)
L"
lot is legally improved with a single-family residence and an accessory dwelling unit, no 0
more than six of the combined total number of plants may be cultivated outdoors upon >
the grounds on that lot. a
3. The following additional standards apply to outdoor cultivation:
w
a. Cannabis cultivation shall be limited to a maximum of six plants per lot;
c
N
b. Cannabis plants may not exceed a maximum height of six feet;
U
c. Cannabis cultivation is prohibited within the required front yard setback;
t
d. Cannabis cultivation at all times shall be located at least 10 feet from side yard
and rear yard property lines; and
0
N
e. Cannabis cultivation areas shall be located within an area that is enclosed and
=
0
secured by a solid wall or fence;
f. All fences and walls shall be of a uniform height in relation to the ground upon
which they stand and shall not exceed six feet in height, not to exceed the
E
height limit of the zone, community standards district, or other more restrictive
0
requirement applicable to the lot.
g. All interior fences may be constructed of masonry, wood or chain link fencing
for the screening, enclosing, or securing of cannabis cultivation areas is
Y
prohibited.
m
h. All fences and walls shall be constructed in a workman like manner.
U
1. All fences and walls shall be a uniform neutral color, excluding black, which
a
blends with the surrounding terrain and improvements, and shall be maintained
N
in a neat, orderly condition at all times.
B. All Other Residences. Two-family residences and dwelling units in an apartment house and
T
a
attached residential condominium projects are expressly prohibited from establishing outdoor cannabis
�-
cultivation for personal use. Outdoor cannabis cultivation includes, but is not limited to, cultivation on
0
O
balconies, patios, common areas, and walkways. Indoor cannabis cultivation is permitted subject to the
`n
following standards:
a
1. Cannabis cultivation shall not be visible from a public right-of-way, private drive, or fire
z
lane.
w
N
2. Cannabis cultivation shall be limited to a maximum of six plants per dwelling unit.
3. Cannabis cultivation areas shall be fully enclosed in a building.
v
d
E
r
U
CO
a
Pact�et Pg: 644
ATTACHMENT B
Sari Bernardino
Community Development Department - Planning Division
Office: 600 North Arrowhead Avenue
Mail: 290 North D Street
San Bernardino, CA 92401
P: (909) 384-7272 F: (909) 384-5155
www.sbcity.org
Marijuana Business Permit Application
Note: Incomplete applications will not be accepted
Project Address / Location:
Assessor's Parcel Number [APN]:
Zoning District: General Plan Designation: M -B Overlay:
APPLICANT
Name: , _ Phone:
Address: Email:
City: State: Zip Code: _
PROPERTY OWNER
Name: Phone:
Address: Email: _
City: State: Zip Code:
* Note: If the property owner or applicant is a trust, partnership, corporation, or LLC, on a separate sheet, provide a listing of all persons
that make-up the trust, partnership, corporation, or LLC.
TYPE OF APPLICATION
❑ New Business
❑ Business Renewal
DESCRIPTION OF PROJECT
ate Submitted:
Receipt Number:
Marijuana Business Permit Application
Previous Case:
Fees:
OFFICE USE ONLY
Case Number:
Submitted To:
1
06/2017
PROJECT INFORMATION FORM
Property Information:
Square footage of subject property:
Square footage of building:
Hours of operation:
Total number of employees:
Business Information:
Business Name:
Business Address:
Website Address (if applicable):
Business E-mail Address (if applicable):
Organizational structure of the applicant (e.g. trust, partnership, corporation, or LLC):
State License Type:
❑
1A
Cultivation
❑
1 B
Cultivation
❑
2A
Cultivation
❑
2B
Cultivation
Environmental Information:
❑ 4 Cultivation
❑ 6 Manufacturer
❑ 7 Manufacturer
❑ 8 Testing
❑ 10 Dispensary
❑ 10A Dispensary
❑ 11 Distribution
❑ 12 Transporter
Describe how the proposed project complies with the requirements of the California Environmental Quality Act &
CEQA Guidelines:
Will any permits be required from agencies other than the City (including a Hazardous Materials Business Plan)?:
Will the project use, store, or dispose of potentially hazardous chemicals, materials, toxic substances, flammables or
explosives?:
Marijuana Business Permit Application 2 06/2017
APPLICATION SUBMITTAL REQUIREMENTS
■ Completed Application Form
■ Filing Fee
• Site Plan (see below for requirements) - 3 copies
■ Floor Plan (see- below for requirements) - 3 copies
■ Elevations (photographs may be provided) - 3 copies
• Legal description of subject property
■ Area Map (see below for requirements) - 3 copies
■ Ventilation Plan
■ Proof of submittal of Live Scan fingerprints to San Bernardino Police Department
■ Copy of valid government issued photo identification (applicant shall be 21 years of age or older)
• Business Plan (see below for requirements)
Site Plan [1" = 10'] (shall contain a minimum of the following information):
■ North arrow, drawing scale, date of preparation and name of plan preparer
■ Dimensions of subject property - including square footage
■ Dimensions and names of all adjacent streets and public rights -of way
■ Location and dimensions of all buildings and structures - including square -footage
■ Location and dimensions of landscaped areas
■ Location of all parking areas and driveways and means of ingress and egress
■ Location and dimensions of all handicap parking spaces, ramps, curb ramps and signs
• Location and dimensions of handicap -accessible Path of Travel to building entrance, sidewalks and interior
walks
• Uses for all buildings and structures indicated on the site plan
Floor Plan [1/4" = 1] (shall contain a minimum of the following information):
■ North arrow, drawing scale, date of preparation and name of plan preparer
■ Location and dimensions for means of ingress and egress
■ Square footage of all interior spaces
■ Proposed uses of all interior spaces
Area Map [1" = 50] (shall contain a minimum of the following information):
■ Location of subject property
• Location of all highways, streets and alleys within a distance of 600 feet from the exterior boundaries of the
subject property
■ Location of all lots and parcels of land within a distance of 600 feet from the exterior boundaries of the
subject property
■ One copy of the Area Map shall identify the existing uses of all lots and parcels of land on the map
Business Plan (shall contain a minimum of the following information):
■ Inventory Control and Storage Practices
■ Quality Assurance Practices
■ Security Plan
■ Square Footage of Canopy Area (for Cultivation license applications)
■ Organizational Structure - Including all owners, managers, employees and agents of the proposed business
Marijuana Business Permit Application 3 06/2017
AUTHORIZATION FORM
APPLICANT CERTIFICATION
I hereby certify under penalty of perjury that the statements and information furnished in this application and in
the attached exhibits present the data and information required for this initial evaluation to the best of my ability,
and that the facts, statements, and information presented are true and correct to the best of my knowledge and
belief. I understand that a misrepresentation of fact is cause for rejection of this application, denial of the permit, or
revocation of a permit issued.
In addition, I understand that the filing of this application grants the City of San Bernardino permission to reproduce
submitted materials, including but not limited to, plans, exhibits, and photographs, for distribution to staff,
Commission, Board, and City Council Members, and other Agencies in order to process the application. Nothing in
this consent, however, shall entitle any person to make use of the intellectual property in plans, exhibits and
photographs for any purpose unrelated to the City's consideration of this application.
Furthermore, by submitting this application I understand that agree that any business resulting from an approval
shall be maintained and operated in accordance with requirements of the City of San Bernardino Municipal Code
and California State law.
Name
Signature
Title Date
PROPERTY OWNER CONSENT
If applicant is other than property owner, the owner must sign consenting to filing. Additional sheets may be
attached if necessary. Original signatures only.
I/We, as the owner(s) of the subject property, consent to the filing of this application and use of the property for the
purposes described herein. We further consent and hereby authorize City representative(s) to enter upon my
property for the purpose of examining and inspecting the property in preparation of any reports and/or required
environmental review for the processing of the application(s) being filed.
71MIT
Signature
Title Date
NOTE: THE MUNICIPAL CODE PROVISIONS AUTHORIZING A MARIJUANA BUSINESS PERMIT (CHAPTER 19.420) ARE
CURRENTLY THE SUBJECT OF MULTIPLE LAWSUITS PENDING IN THE SAN BERNARDINO SUPERIOR COURT.
THE OUTCOME OF ONE OR MORE OF THOSE CASES MAY AFFECT THE VALIDITY OF SOME OR ALL OF THAT
CHAPTER, AS WELL AS ANY PERMIT THAT MAY BE ISSUED THEREUNDER.
Marijuana Business Permit Application 4 06/2017
ATTACHMENT C
STATE OF CALIFORNIA
f BCIA 6016
�:. (Ortg. 0412001:1ev. 01x2011)
REQUEST FOR LIVE SCAN SERVICE
Applicant Submission
CA0361000 LICENSE CERT OR PERMIT
ORI (code assigned by Doi) Authorized Applicant I ype
MARIJUANA BUSINESS PERMIT
O{ ICBnSe• 8rtl. CatlOn' 8m1 tI :'.Orkin :.8 Maximum 30 charmers -ir assigned ype g by DOJ, use exact title assigned
DEPARTMENT OF JUSTICE
Contributing Agency Information:
SAN BERNARDINO POLICE DEPARTMENT
Agency Authorized to Receive Criminal Record Information Mail Code (ve iglu code assign y )
PO BOX 1559
Stmt Address or P.O. Box Contact Name (mandatory for all school submissions)
SAN BERNARDINO CA 92402
p ---- ...........
i� ity tS e � e ontacti ee�Num4er —
Applicant Information:
Last NameFirst Name I e nlha u�#°ut
Other Name
(AKA or Alias) .-ast First
Sex r] Male ❑ Female
Date or l3inn; 'river's License Numi•er
eigR ii Might yezolor Fiala ooL-fi
Place of Birth (State or Country) Social Security Number
Home
Address Street Address or P.O. Box
Your Number:
OCA Number (Agency Identirying Number)
If re -submission, list original ATI number:
(Must provide proof of rejection)
Employer (Additional response for agencies specified by statute):
mployer Name
-treet Mdress or P.O.ox
City State
Live Scan Transaction Completed By:
Name of Operator
Transmitting Agency LSIO
ORIGINAL Live Scan Operator
ZIP Code
Billing
Number 130140
(Agency Billing Number)
Misc.
Number
(Other Identification Number)
City State ZIP Code
Level of Service: ❑ DOJ FBI
OriginaTATI Number
a ode ( Ivo Igrt co a assigne y J
Telephone Number (optional)
Date
ATI Number
SECOND COPY -Applicant
Amount CollectedlBilled
THIRD COPY (if needed) - Requesting Agency
Suffix