city council public hearing subject:

8/14/2019 City Council Public Hearing Subject:

1/34

CITY COUNCILPUBLIC HEARING NOVEMBER 2.2009

SUBJECT: AMENDMENT TO THE ZONING ORDINANCEREGARDING MEDICAL MARIJUANA COLLECTIVESINITIATED BY: DEPAR TMEN T OFJoan Engllsh (AssistantLlsa Marie B elsanti (Senlor

COMMU NITY DEVELOPMENT DEPARTMENTAnne Browning Mclntosh (Community DevelopmeJohn Keho (Planning Manager)Laurie Yelton (Associate Planner)DEPARTMENT OF PUBOscar Delgado (Director)Jeff Aubel (Commercial Code Compliance M anager

STATEMENT ON THE SUBJECT:The Clty Council will consider a C~ty-initiated one Te xt Amendment to changemedical marijuana collect~v esrom a conditionally permitted use to a permitteduse in certain comm ercial zones subject to specified restrictions and consideramend~nghe municipal code and adoption of a ne ga t~v e eclarationRECOMMENDATION:Introduce on first reading Ordinance No. 09-p "AN ORD INANC E OF THEClTY OF WEST HOLLYWOOD, AMENDING THE WE ST HOLLYWOODMUNICIPAL CODE AND ADOPTION OF A NEGATIVE DECLARATION ANDAPPRO VAL OF ZONE TEXT AMEN DME NT 2009--, TO CHAN GE MEDICALMARIJUANA COLLECTIVES FROM A CONDITIONALLY PERMITTED USE TOA PERMITTED USE IN CERTAIN COMM ERCIAL ZONES SUBJECT TOSPECIFIED RESTRICTIONS. REQ UIRING SUCH COLLE CTIVES TO OB TAINA REGU LATORY BU SINESS LICENSE." (Attachment A)BACKGROUND,In November, 1996, California voters enacted P roposition 21 5, called "TheCompassionate Use Act of 1996 " The Act set forth the circumstances underwhich marijuana may be prescribed, dispensed and used for medicinal purposesIn California as an excep tion to the laws proh ~bitinghe sale and use ofmarijuana.

AGENDA ITEM 3.c


2/34

Several years ago, the City experienced a proliferation of medical marijuanacollectives throughout the City's commercial zones. As with many of the City'scommercial uses, several mebical marijuana collectives were esiablished in-close proximity to residentially zoned properties and sensitive land uses, such asschools, parks and places of religious worship Consequently, the City Counciltook a number of actions to limit the impact of medical marijuana collectives onthe community and it has adopted regulations governing the location andoperation of the facilitiesThe City, as did most cities, initially decided to regulate collectives through adiscretionary land use process; I e. by requiring a conditional use permit. Nowthat we have had some experience with the regulatory experience, staff believesthat there are some disadvantages to this approach. For example, a conditionaluse permit (CUP) runs with the land, meaning that once the CUP is issued for aparticular property, the use becomes vested, regardless of the ownership of thecollective. Staff believes it is undesirable to create such a right in any particularlocationBusiness licensing offers the City more regulatory tools to address the types ofconcerns that the collectives raise, but would not sacrifice any of therequirements that are currently in place through zoning regulation, indeed, aslong as the City maintains a cap on the number of collectives and locationrequirements that limit the possible locations for establishment of new collectives,the removal of the CUP requirement will have no real practical effectThis summer, the City Council directed staff to bring forward a business licenseordinance (Attachment A) that would regulate medical marijuana collectives withthe same requirements currently in the zoning code and to eliminate theregulations in the Zoning Ordinance. The Council also required that the newordinance contain language that addressed the cultivation of marijuana and arequirement that each collective have a compassion program for qualifyingpatientsStaff convened a meeting with the four permitted collectives to review theframework for the new regulations. At that meeting the collectives were insupport of the following requirements of the new regulations:

Require criminal background checks on collective operatorsChange the nomenclature from medical marijuana "dispensary" to"collective"Require that collectives be organized as a nonprofit and be in compliancewith Proposition 215, California Health & Safety Code Section 11362 7and California State Attorney General Guidelines for marijuana grown formedical useEstablish a limit on the total square footage of a collective; not to exceed4,500 square feet


3/34

Allow the on-site cultivation of marijuanaEstablish a cap on the square footage allowed for on-site cultrvation; nomore than twenty-five percent (25%), but in no case more than 1,500square feet nor greater than ten feet in height.Retain the numerical limit; no more than four collectives within theboundaries of West HollywoodMaintain the location criteria, collectives shall not be established within500 feet of sensitive land uses and within 1000 feet of another collectivewithin or outside the boundaries of West HollywoodEstablish a uniform compassion program for West Hollywood residentsRequire collectrve operators to participate in regular meetings with CityStaff and West Hollywood Sheriffs Department

Amending the zoning ordinance and regulating medical marrjuana collectrvesunder business licensing is a more effective approach. Not only does theproposed ordinance incorporate all of the existing regulations it adds a number ofother requirements making it a tighter and more restrictive ordinance. Theproposed ordinance provides stringent adherence to existing state law in additionto the guidelrnes set forth by the State Attorney General.In August, the District Attorney and the Sheriff of Los Angeles County jointly senta cautionary letter to cities warning that, 'We have come to the conclusion thatover-the-counter sales of marijuana are patently rllegal under state and federallaw." (Attachment B) The letter fails to take account of the comprehensive andthorough approach West Hollywood has taken since the passage of Proposition215 to provide safe access to treatment that is determined medically necessaryby patients and their physicians. West Hollywood has worked closely wrth theSheriffs Department on this ordinance and it is not anticipated that there will beany law enforcement issues with the collectives that are licensed under theordinance. While there may be a "marijuana dispensary proliferationphenomenon in Los Angeles County", it is not occurring within the jurisdiction ofWest Hollywood.CURRENT MEDICAL MARIJUANA COLLECTIVES:At present, there are four permitted medical marijuana collectives located withinthe City of West Hollywood (Attachment C). However, only one of these fourcollect~ves omplies with the location requirements.LA Patients & Caregivers Group* 1 7213 Santa Monica Boulevardonly this location complies with location requirementMedical Marijuana Farmacy 1 7825 Santa Monica BoulevardAlternative Herbal Health Services1 7828 Santa Monrca BoulevardZen Healing Collective 1 8464 Santa Monica Boulevard


4/34

There is a pending dispute over whether the dispensary currently operating at8921 Sunset Boulevard is operating legally. The City has informed the ownerthat the dispensary is illegal and must be shut down; the owner has provided theCity with documentation which he contends demonstrate that i t is operatinglegally. The City is currently evaluating those documents, but has not yet cometo a conclusion. Nonetheless, the uncertain legal status of this dispensary doesnot affect the validity of the negative declaration, in that staff believes that withthe continued imposition of the regulatory conditions being shifted from thezoning ordinance to the business license ordinance, and the addition of newconditions which serve to regulate these activities even more closely than atpresent, the operation of a limited number of collectives --whether four or five --will not have a significant effect on the environment.CITY COUNCIL ACTIONS:On March 7, 2005 the City Council adopted an urgency ordinance thatestablished a 45-day moratorium on the establishment of new medical marijuanacollectives in the City of West HollywoodOn April4, 2005 the City Council adopted an extension of the urgency ordinancewith expiration on March 7, 2006On July 18, 2005 the City Council adopted an urgency ordinance that establishedoperating standards for existing medical marijuana collectives.On March 6, 2006 the City Council adopted a one-year extension of the interimurgency ordinance prohibiting the establishment of new medical marijuanacollectives in the City of West Hollywood.On February 5,2007 the City Council adopted an amendment of the City of WestHollywood Municipal Code to create a new land use category and locationcriteria for medical marijuana collectivesOn July 20, 2009 the City Council directed staff to bring forward a businesslicense ordinance that would regulate medical marijuana collectives with thesame requirements currently in the zoning code and to eliminate the regulationsin the Zoning Ordinance.BUSINESS LICENSE COMMISSION REVIEWStaff requested that the Business License Commission review the draftordinance and provide any input/comments to be taken back to City Council forconsideration. At the meeting, there was one main concern raised by theBusiness License Commission, which was to clarify Section 5.70.040(3) tospecify that food included products sold for medical use, i e., brownies, suckers,or anything that has a marijuana additive for medical consumption. The Business


5/34


6/34

Attachment A. Ordinance No 09-p Amending the West Hollywood MunicipalCodeAttachment B: July 20, 2009, City Council Approved Staff ReportAttachment C: August 6, 2009 letter from Los Angeles County D~strict ttorneySteve Cooley and Sheriff Lee BacaAttachment D: Radius Map of Medical Marijuana CollectivesAttachment E: Business License Commission ReviewAttachment F: Planning Commission Review


7/34

ORDINANCE NO. 09AN ORD INANCE O F THE CITY OF WEST HOLLYWOODCHANGING MEDICAL MARIJUANA COLLECTIVESFROM A CONDITIONALLY PERMITTED USE TO APERMITTED USE IN CERTAIN COMMERCIAL ZONESSUBJECT TO SPECIFIED RESTRICTIONS, REQUIRINGSUCH COLLECTIVES TO OBTAIN A REGULATORYBUSINESS LICENSE, MAINTAINING THE CURRENTMAXIMUM LIMIT OF FOUR COLLECTIVES IN THECITY AND LOCATIONAL RESTRICTIONS FOR NEWCOLLECTIVES AND AMENDING THE WESTHOLLYWO OD MUNICIPAL CODE

The City Council of the City of West Hollywood does hereby ordain as follows:Section I. Findings. Section 19.36.165 of the West Hollywood MunicipalCode currently establishes a land use category an d regulations for medical marijuanadispensaries, and cons olidates the City's reg ulations for medical m arijuana dispensariesin the Zoning Ordinan ce. The City Counc il finds that the public interest would be betterserved by regulating the day-to-day management and operations of medical marijuanacollectives through its regulatory business licensing ordinance. T h ~ srdinance tightensthe operating requirements fo r dispensaries, changes their nomen clature from"dispensaries" to "collectives," shifts the regulatory provisions from the zoning ordinan ceto the business license ordinance, m aintains the cap of four collectives citywide andretains existing locational restrictions for establishmen t of new collectives Thisordinance further elim inates the deadline for closure previously established for

nonconforming collectives in existence and operating continuously under th e sameow ner sh~ p n or before January 1 6,200 7.Section 2. Pum ose. The purposes of this Ordinance are to recognize andprotect the rights of qualified patients and primary caregivers through im plementat~on fCalifornia Health & Safety co d e Section 11362.5 (adopted as Proposition 215, the"Com passionate Use A ct of 1996") (the "Act") and any State regulations adopted infurtherance thereof, a nd to promote the safe use of and the safe and affordable access tomedical marijuana pursuant to the A ct. In support of these purposes, the Councilrecognizes that the assistan ce of medical m arijuana collectives, as defined he rein, may insome s itua tions h e l ~romote that safe and law ful access to and consistent and affordable.distribution of medical m arijuana as permitted by the A ct. In further support of the stated

purposes, the Co uncil add itionally recognizes that IawfUl remuneration consistent with- - -state law may occur betw een qualified patients and primary careg ivers, including thosequalified patients and primary caregivers who associate collectively or coo peratively toproduce m edical marijua na in accordance with state law. Standards are required to assurethat the operations of med ical marijuana collectives are in compliance with the Act andany State regulations ado pted in furtherance thereof, and to mitigate the adversesecondary effects from operations of collectives. The City Coun cil finds that the

ATTACHMENT A


8/34

numerical limits on medical marijuana collectives provided by this Ordinance arenecessitated by the sm all size of the City and the proximity of these uses to residentialzones, schools and parks; a nd further, that the limit is reasonable and not an obstacle tothe implem entation of Proposition 215. This Ordinance is enacted as a health and safetymeasure pursuant to the City's police powers as prescribed in Art. XI, Sec. 7 of theCalifornia Constitution. Nothing in this Ordinance shall permit an activity that isprohibited by the Ac t, nor is it intended to interfere with a patient's right to cultivate,possess or use medical marijuana as provided for in California Health & Safety CodeSection 1 1362. Nothing contained in this Ordinance shall excuse, facilitate or promote aviolation of federal law.

Section 3. Section 5.08.010 of T ~ t le , Chapter 5.08 of the West HollywoodMunicipal Code is amended by adding in alphabetical order a new category (andrenumbering the ensuing categories accordingly) as follows.17 . Medical Mari juana ~o l l e c t i v e ' ~

Section 4. Cha pter 5.70 is hereby added to Title 5 of the ~ e s t ~ o l l ~ w o o dMunicipal Code to read as follows:Chapter 5.70. .*

MEDICAL ARIJUANAOLLECTIVES* ,5.70.010 Definitions. '-

, - / .., .For purposes of thjschzif iter , a " ~ ~ d i c a lkrijuana collective" means a collective,cooperative, assoc iation or simg&:entity that cultivates, distributes, dispenses, stores,exchanges, processes 7 delive rs, make s available or gives away marijuana in the City formedical purposqs to qualified:patients, or primary caregivers of qualified patientsHea lth-& Safety C ode Section 11362.5 (adopted a s Proposition 215, the"Co rnpasiio nate Use Act of 1996" or any state regulations adopted in furtherancethere6f;including ~ e a l t h Safety'Code Section 11362.7 et seq. (adopted as the"Med ical-Marijuana Pr og ra p Act"). The word "marijuana" shall have the same meaningas the definition of that wor&in H ealth & Safety Code Section ll 0 1 8 . Nothing in thissection shall be'interpreted, I to conflict with the foregoing provisions of the Health &Safety Code. - . 'J; ,

, : - ... .,5.70.020 Application Information.

In addition to the information prescribed by the Director pursuant to the authorityset forth in Section 5.08.040, all applications for a license to condu ct a medical marijuanacollective shall contain the following information.


9/34

1. In the event the applicant is not the owner of record o f the real property uponwhich the collective is, or is to be, located the application must be accompanied by anotarized statement and consent from the owner of the property acknowledging that acollective is or will be loca ted on the property. In addition to furnishing such notarizedstatement, the applicant shall fu m ~ s hhe nam e and address of the ow ner of record of theproperty, as well as a copy o f the lease or rental agreemen t pertaining to the prem ises inwhich the collective is or will be located.

2. A security plan, including but not limited to l~ gh tin g, larms and security guardarrangements.3. An executed release of liability and hold harmless in the form set forth in theCity's application form.4. A description o f the procedure for docu&knting the sou rce'of the marijuana tobe dispensed by the co ll ec t~ ve . f the marijuana 1s cultivated off-site, docum entation that

the off-site location is com pliant with the zoning regulations of the jurisdiction in which11is located. . . .5. Text and graphic materials sh ow ~n ghe site in the context o f the immediatene~g hbo rhoo d nd floor plan of the facility. . .6. A description o f the screening, registration and validation process forqualified patients.

% , .7. A descrietibn of qua lifiid patient records acquisition and retention procedures.8. A descr$tioh of th6pro cess for tracking medical marijuana quantities andinventory controls, including on-site cultivation (if any), processing and medicalmarijuana products ieceivkd. from outside sources., . . ? \ ,.' . , .9 . ~ description ofm ei su re s taken to minimize or offset energy use from thecultivation' or processing of medical'marijuana.

' . ;\. .10. A descr~~t ion:ofhem icals stored or used on-site and any effluent proposedto be discharged,irito th 2 ci ty 3 swastewater or stormwater systems.11. ~u th o ri zi t' io n or the City to verify the information and representationscontained in the application.

5.70.030 Criteria for Issuance of a License.1. The applic ant, and any existing or prospective manager, must be at leasttwenty-one years of age.


10/34

2. The applicant, or any existing or prospective manager, must not have hada similar type of license previously revoked or denied for good cause within theimmediately preceding two years prior to the license app lica t~o n.3. The applicant and proposed m anager shall undergo a background

mvestigation by the Los Angeles County Sh eri ffs Department. Neither the applicant norany proposed or prospective manager or employee shall have been convicted o f(a) Any offense relating to possession, manufacture, sales, ordis tribu t~o n f a controlled substance, with the exception of marijuana related offenses;,(b) Any offense involving the use of force or violence upon the personof another;

\ \ . ,(c) Any offense involving theft, Gaud, dishonesty or deceit., ,

For purpose s of this paragraph 3, a conviction'includes a plea or verdict of guilty or aconviction following a plea of nolo conrendere. - ,4 The loca tion for which the license is spught shall not be loca ted withinfive hundred fe et of a public or private day care center or school, or a pub lic park, andot he nv ~s e omply w ith Section 19.36.1'65; except.the specific operators op en and incontinuous operation at the sam e location,on or prior to ~ a> ua ry 6,2 00 7.

\ , i '5. The locit ion for.$hich the'liceyse is sougkit i'i not located within 1,000feet from any other premises operated by a'medical marijuana collective and otherwisecomp ly with Section '19.36.165, except the specific operators open and in continuousoperation at the same location on ofp iio r to January 16,20 07.... . ,

'6. . There shall be no more than four collective business licenses issued at anyone time: Priority cbnsideration fo r the first four licenses issued in this category shall begiven tbbthe ope rators that were'open and in continuo us operation as of January 16 ,20 07 .In the ev&it,that few er thw four c~l le ct ive sre operating under valid licenses at anytime, coniidkration for additional licenses will be given in the order prospectiveapplicants L ip la ce d on a'wlt list to be maintained by the City.. ,-7. Thk applicant m ust provide a copy of a valid seller's permit issued by theCalifornia Board of ~4 ua liz ati on .

5.70.040 Operating Requirements.

All collectives in the City shall operate in conformance with the fo llo w ~n g peratingrequirements:1. Security shall comp ly with the following minimum standards:


11/34

I. Collectives shall provide adequate secu rity and lighting on-site to ensure the safety of persons and protect the p remises from theft atall times..11. All security guards employed by collectives shall be

licensed and possess a valid Department of Consumer Affairs "SecurityGuard Card" at all tlmes. Collectives shall not employ securlty guards whopossess firearm s or tasers....111. Collectives shall prov ide a neighborhood security guardpatrol for a two-bloc k radius surrounding the collective during all hours ofoperation

2 No recommendations for medical-marijuana shall be issued on-site.~ .. ,3 . The re shall be no on-site sales 'bf alcohol or tob8cc0, and no on-site

consumption of marijuana (including food containing marijuana as an ingredient),alcohol, or tobacco by p atrons or employees.". '.: ."'., ,> - ,* "4. Hours o f operation. shall be limited to: Monday - Saturday, 10.00a.m. - 8.00 p.m. and Sun day noon - 7.00 p:m.. - j .~.5. Collectives sh all ~$ nly isPehsk.rqedi'cal marijuana to qualifiedpatients and their care giv ers.8 ~ efined by'California, , Health and Safety Code Section11362.5 (~ro~osi t ion,215)and&y sta te r&&u1+t1onsdoGted in furtherance thereof,mcluding Health &.&f6ty Cod e Section 113i62.7 et seq. (adopted as the "MedicalMarijuana Progra in'& tn) and wl?o:are mem bers of the collective. Th is sha ll includepossession of a valid 'd2ctor's- ~ rice-iuiicndatioh;pot more than one-year old, for medical' , ... ,marijuana.use by the patient.. , -. .., - . ,-... - .- ' _ - _ j l_, . , --. , . ..,1;. .. >: c - 6. " ' . ; ~ o l l e ? t i ~ ks , s ha l lotify patrons of the following verbally and, .- L. 'C. .through posting of a sign.in a c&spicuous location readily visible to persons entering thepremises: ,

' %,>,. . ' $_ i. - Use of medical marijuana shall be lim ~t edo the patientidiiitified'on the doctor's recommendation. Secondary sale, barter ordiskibtition of medical marijuana is a crime and can lead to attest..n. Patrons must immediately leave the site and not consumemedical marijuana until at home or in an equivalent private location.Collective staff shall monitor the site and vicinity to en sure compliance....111. Forgery of medical docume nts is a felony crime.


12/34

iv . Entry into the premises by persons under the age of 18 isprohibited unless they are a qualified patient and accompanied by a parentor legal guardian.7. Collectives shall only provide marijuana to an individual in an

amount consistent with personal medical use.8 . Collectives shall not store more than two hundred dollars($200.00) in ca sh reserves overnight o n the premises and shall make at least one dallybank d rop that includes all cash collected on that business day.9 . Any patient under 18 years of age shall be accompanied by aparent or legal guardian.

, .10. Collectives shall provide law e$orcement and all neighbors within100 feet of the collect~ve ith the name and phone n h b e r of an on-site cop nu ni tyrelations staff person to notify if there are operational problems with the estiblishment

~* . ,11 . Collective operator(s) must attend regular meetings with the LosAngeles County S herif fs Department and City public Safety Division staff to reviewpublic safety issues associated with t$e operations. :. . . . . . ., _ .> - .. . - . .12. Collectives shallidispenie~marijuanaato,hen mem bers only from-. " . , , ,the following sources. . . . . . I' .i: ,/i i. .. -,. . . ...... '/ .,I . Limited cult&adon of marijuana on-site is permitted. Thespace devoted to,du~tiva tion hall not exceed twenty-five percent (25%) ofthe tota1.floor $$in . o-*.a s h o r e han 1,500 square feet nor greater.than ten feet in height. -.:.. :,: ..:,. ,>,. .,;.... . _ %_A. 'a_ _ I " i i 'From an off-site location cultivated by the collective in. , accordance with ip plicab le zoning regulations in the jurisdiction in which

.- > it is cultivated. '., -, . .., . .. .- >. iii.;. From an individual qualified patient who is a mem ber ofthe colle


13/34

14 . Colle ctives shall comply with the provisions o f Health & SafetyCode Section 11 362.5 (adopted as Proposition 215, the "Com passionate U se Act of1996") or any Sta te regulations adopted in furtherance thereof.15 Collectives shall develop and implement a program sub ject to

approval of the City to provide subsid ized medical marijuana to incom e eligible patients,("'compassion program") In accordance with the following criteria:i. Minimum 25% discount to all qualified patients based upon need.i~ Collectives shall not be obliged to provide m ore than 100 grams per monthto eligible patients.iii. Progr am administrationSocial service provider to qualify,patien& on an ann ual basisPatients will be provided with a letter as pro of of eligibility thatexpires one year after the date it i s issued . .,Collectives will accept eligible patients and keep arecord ofqualified comp assion patients , ~iv OnsiteIInstant Medical and ~i n in c ia lNeed Eligibility criteria-'SSDI .- .-

a Medi-Cal . . ., .~nem~lo~ec l wi thver i f ica t ion, . - . .

\ , - Iv Social Service Agency ~ k r i f i e d ~ e d i c a l l ~ i n a n c i a leed Eligibility= Section 8 hous ing~ .~e r i f i c~ t i& .;i00%-inc6me bel&~?de;al Poverty Level: proof o f disability . - k

''..Medical ?ekd such as &k ina1 illness, cancer treatment, etc..\ ~vi. ~ e s l d e i t ~ , ~ e ~ d i i ~ & k p t; -..-. -. ~ ; & % ' f o r ~ e 3 t : ~ ~ l l & < o desidents only, ./ , . '//, / _ . "_- -, ~ -., -. " 16 . .~ o l l e ~ t i v e s , s h a l lave a responsible person on th e premises to actas mant!iger an d su pe rv ise ,ey plo ye es~ at ll times during business hours. Such m anagershall belicense d. pursuant , to ,~ect i6ns .04.050 and 5.08.040.- ,-.5 7 . ~ o ~ i e c t i v e shall occupy a space not to ex ceed 4,50 0 square feet in

~,size. . . . . ..*,:.18. Collectives shall be organized as nonprofit o r not-for-profitcooperative, collective or collaborative associations whose constituent mem bers qualify

as "primary caregivers" or "qualified patients" w ithin the meaning of California Health &Safety Code Section 11362.7 e t seq . These associations shall be form ed for the benefit oftheir members an d shall require m embership applications and verification. Theorganization shall verify status as a caregiver or qualified patient, maintain m embershiprecords, track expiratio n of recommend ations, and refuse mem bersh ip to those who dlvertmarijuana for non-medical use. Members shall agree not to distribute the marijuana tonon-mem bers or to use the marijuana for non-med icinal purposes. C ollectives shall only


14/34

acquire marijuana from constituent members (patients andlor caregivers) and only thenallocate it to members of the group.5.70.050 Duration of Marijuana Collective License- Renewal.

All licenses issued pursuan t to this chapter shall expire one year after the date ofIssuance; provided, however, that a license may be renewed pursuant to Section 5.08.130for additional one-year periods upon approval of an application for renewal that co m pl ~e swith all provisions o f this Title.5.70.060 Assignment of License Prohibited.

The assignment of or attempt to assign any license issued h s u a n t to this chapteris unlawful and an y such assignment or attempt to as sig na license s@ll render the licensenull and void.',. . , ..5.70.070 Noncompliance Prohibited. .

No person or entity shall di s~ e n se , istribute;'sell; convey, exchange or give awaymedical m arijuana in the City exc ept in cofnpliance wi$.the.. * provisions of this chapterand Section 19.36.165 of this Code.': ' I,\ .., L .

-,Section 5. Section 19.36.165.... of.$tle 19;Chaqier 19.36-is amende d in its entirety'i . .to read as follows- . + . '.. ' .~ , . - .-# ' -.-' ,, - .Section 19.36;165 M edical ~ a r i j u a n a ollectives..

" i - - . 8 .

' .-. , ., .A. Definitions. ~or.~uiposes~of-this:sec~n,"medical marijuana collective"means a co llective; coop&ativk, association or similar entity that cultivates, distributes,dispenses:itores, &change's,;pro,cesses, delivers, makes available or gives aw aym ar ij uh a in the City foi?medical purposes to qualified patients, or primary caregivers ofqualified patients pursuint.to ~e il ti i; &Safety Code Section 11362.5 (adopted asP ro po sitio k2 15 , th e " ~ o & ~ a ~ s i o n a t ese Act o f 1996") or any state regulations adoptedin furtheraick'thereof, includ;mg Health & Safety Code Section 11362.7 et seq. (adoptedas the "~edic'alMarijuanaProgram. . Act"). T he word "marijuana" shall have the samemeaning as the definiti,on-of hat word in Health & Safety Co de Section 11018. Nothingin this section shall be'interpreted t o conflict with the foregoing provisions o f the He alth& Safety Code. For purposes o f this section, the word "collective" shall refer to the sameuses and activ ities referred to as "dispensaries" in the prior iteration of this section .

B . Location Criteria. A proposed medical marijuana collective shall he located incomp liance with the following requirements:1 The use shall not be located within a 1,000-foot radius of any other medicalmarijuana collective located within or outside the city.


15/34

2 The use shall not be located w ithin a 500-foot radius o f a church, temple, orother places used exclusively for religious worship, or a playground, park,child day care facility, or school that is located within or outside the city Forthe purposes of this requirement, "school" shall mean any property containinga structure which is used for education or instruction, whether public orprivate, at grade levels preschool and kindergarten through 12.3 The collective shall have its primary frontage on one of the followingcommercial streets: Santa Monica Boulevard, Sunset Boulevard, La CienegaBoulevard, Melrose Avenue, Beverly Avenue, La Brea Avenue or FairfaxAvenue. T he use shall not have its primary frontage. on a loca l residentialstreet providing local circulation.

C. The exterior appearance of a collective shall be c6mpatible w ith com mercialstructures already constructed or under construction within the immediate neighborhood,to ensure against blight, deterioration, or substantial diminishment or impairment ofproperty values in the vicinity an d shall comply with all other applica bli piopertydevelopm ent and design standards of the ~u6ici:al Code. . , ,..,

i \ , ,' (; rD. No more than four (4) medical marijuana collectives shall be permitted tooperate in the City at any time. Notwithstanding the forkgoing, a medical marijuanacollective that was (i) open and in ope?ati$ o n January 1.6,2007 under the samecontinuous ownership and at the same,i6cation and (ii) d6es hot meet the locationrequirements of this section, shall be allowed to'continue operation in accordance \n ththe regulations for non-c


16/34

Section 7. The definition of "Plant Nurseries and G arden Supply Stores" inSection 19.90.020 of Title 19, Chapter 19.90 is amended to read as follows:Plant Nurseries and Garden Su pply Stores. Commercial agricultural

establishments engaged in the production of ornamental plants and other nursery productsgrown under cover or outdoors. Cultivation of marijuana for medicinal or any otherpurpose is prohibited. Includes stores selling these products, nursery stock, lawn andgarden supplies and commercial scale greenhouses. The sale of house plants or othernursery products en tirely within a building is also included under "General RetailStores." Home greenhouses are addressed under "Residential ~ c c e s s o r ~ses andStructures."Section 8 Severability. If any part or bf '&is Ordinance or theapplication to any person or circumstance is. eld-- invalid, the remainder of this

Ordinance, including the application of such pa rt of provision t o .other persons orcircumstances, shall not be affected and shall continue in full force and-effect. To thisend, the provisions of this Ordinance a re severable ,v ,

Section 9. Notwithstanding the provisions of,sul;paragraph 17 of Section5.08 010 of the M unicipal C ode, a public hearing shall'not be required for the initialbusiness licenses issued pursuant to the provisions of this Ordinance.- .PASSED, APPROVED A N D A D O P T E D . ~ ~ ~ S , -. . r, -- d a y o f '-',. ,, , 2009

i : - '- ,% - .. ,, , , . .

city council public hearing subject:

Documents