HomeMy WebLinkAbout2007-07-12 PacketCITY OF UKIAH
CITY COUNCIL AGENDA
Special Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
July 12, 2007
11:45 a.m.
ROLL CALL
2. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are
interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not
on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3)
minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be
taken on audience comments in which the subject is not listed on the agenda.
3. NEW BUSINESS
a. Discussion and Possible Direction to Staff Regarding Enforcement and Possible
Revision of the Ordinance Regulating Marijuana Cultivation
4. COUNCIL REPORTS
5. CITY MANAGER/CITY CLERK REPORTS
6. CLOSED SESSION
a. Labor Negotiations; Police Unit (§ 54957.6)
Negotiator: Candace Horsley, City Manager
ADJOURNMENT
Please be advised that the City needs to be notifed 72 hours in advance of a meeting if any specific accommodations or
interpreter services are needed in order for you to attend. The City complies with ADA requirements and will attempt to
reasonably accommodate individuals with disabilities upon request.
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the
bulletin board at the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California, not less than
72 hours prior to the meeting set forth on this agenda.
Dated this 11th day of July, 2007.
Linda C. Brown, Deputy City Clerk
ITEM NO. 3a
MEETING DATE: July 12. 2007
AGENDA SUMMARY REPORT
SUBJECT: DISCUSSION AND POSSIBLE DIRECTION TO STAFF REGARDING
ENFORCEMENT AND POSSIBLE REVISION OF THE ORDINANCE
REGULATING MARIJUANA CULTIVATION
Background: In 2005 the City Council revised the City Code relating to Marijuana Cultivation.
The effect of the revisions was to make it unlawful to cultivate marijuana outdoors and to limit
cultivation in residential zones to no more than twelve mature or twenty-four immature
marijuana plants per parcel. The ordinance also provides that odor, repeated responses by law
enforcement, excessive noise and other neighborhood impacts associated with the cultivation
of marijuana, whether grown indoors or outdoors, may constitute a violation of the ordinance.
Violations of the ordinance may be prosecuted as misdemeanors or the City Attorney may
seek an injunction to abate the violations. The City was successful in the only instance in
which it sought an injunction, but the process was both time consuming and drawn out.
The City is once again receiving complaints related to the cultivation of marijuana within the
City. Councilmember McCowen has requested discussion of this issue by Council and Staff in
order to develop effective strategies for enforcement, including the pros and cons of possibly
revising the ordinance to provide that violations be charged as infractions rather than
misdemeanors.
RECOMMENDED ACTION: Discuss and provide direction to staff regarding enforcement
and possible revision of the ordinance regulating marijuana cultivation.
TIVE COUNCIL POLICY OPTIONS: Discuss and decline to take further action at
this time.
Citizen Advised:
Requested by: Councilmember McCowen
Prepared by: Sue Goodrick, Risk Manager/Budget Officer
Coordinated with: David Rapport, City Attorney and Councilmember McCowen
Attachments: 1. Section 9254 "Marijuana Cultivation"
APPROVED: '- 4 ~' ~`t~-.
Candace Horsley, City Hager
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Marijuana may be grown in the zoning districts of the city of Ukiah, if at all, only in accordance
with the provisions of this section. Cultivation of marijuana on parcels within the city that does
not comply with this section constitutes a violation of the zoning ordinance and is subject to the
penalties and enforcement as provided in article 22 of this chapter.
A. Definitions: For purposes of this section, the following terms shall have the following
meanings:
EVIDENCE: With respect to a qualified patient, the information described in Health and
Safety Code section 11362.715(a)(2) or a medical marijuana identification card issued by
the Mendocino County health department or sheriffs department, and with respect to a
primary caregiver, evidence that the caregiver's patient is a qualified patient and a written
designation from the caregiver's qualified patient designating him or her as that patient's
primary caregiver, and additional information demonstrating that the primary caregiver
satisfies the definition of primary caregiver in Health and Safety Code section 11362.7(d).
OWNER: The owner or owners of record of a parcel as shown on the last equalized
assessment roll maintained by Mendocino County.
PARCEL: Property assigned a separate parcel number by the Mendocino County assessor.
PERSON IN LAWFUL POSSESSION: The person who has the legal right to occupy and
use a parcel on which medical marijuana is cultivated.
PRIMARY CAREGIVER: As defined in Health and Safety Code section 11362.7(d).
QUALIFIED PATIENT: As defined in Health and Safety Code section 11362.7(f).
SECURE LOCATION: A space within a building or structure which can only be entered
through a locked door that requires a key or combination to open and which is secure
against unauthorized entry.
B. Marijuana Cultivation In Residential Zoning Districts: Marijuana cultivation may be permitted
in the R-1, R-2, R-3, and C-N zoning districts, and on legal nonconforming residentially
used parcels in the C-1, C-2, M, A and A-E zoning districts in the city, subject to first
securing a use permit pursuant to the provisions in section 9262 of this chapter and
compliance with the following additional requirements:
1. No more than six (6) mature or twelve (12) immature marijuana plants may be grown on
a parcel.
2. The person with legal possession of the parcel must be a qualified patient.
3. The property owner or owners have signed and filed with the planning department a form
adopted by the planning department in consultation with the city attorney that contains all of
the following:
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a. Acknowledgment that growing marijuana on the property may constitute a violation of
the federal controlled substances act with potential civil and criminal penalties, including:
1) imprisonment for up to five (5) years and a fine of up to two hundred fifty thousand
dollars ($250,000.00) or both, and 2) the possible forfeiture of the property pursuant to 21
USC section 853;
b. Consent to the use of the property for growing marijuana in accordance with this
section; and
c. An agreement releasing the city and its officers, employees and agents from any
liability to the applicant and the owner for issuing a use permit and for the acts or
omissions of the city and its officers, employees and agents in the administration of this
section.
4. The parcel must be located not less than three hundred feet (300') from the grounds of
an educational facility, park or recreation center, or facility catering to children, the elderly
or the infirm, unless it is determined through the discretionary review process that a
distance of not less than two hundred feet (200') will not be detrimental to the public health,
safety, or general welfare.
5. The plants must be located in an indoor secure location. However, based on lot size and
shape, the presence of structures and mature landscaping, and the adjacent land uses and
densities, the use permit applicant may request that not more than two (2) plants per parcel
be grown outdoors. All outdoor plants must be kept a minimum of fifteen feet (15') from all
property lines, kept less than six feet (6') in height, and secured behind a six foot (6') tall
locked fence/gate.
The decision makers must find that the growing of up to two (2) outdoor plants per parcel
would not have a detrimental impact on the public's health, safety, and general welfare.
The decision makers must also find:
a. That the size and shape of the parcel, as well as the presence of structures and
mature landscaping would allow the planting of no more than two (2) plants hidden from
view that could comply with the yard setback and height standards above; and
b. That the land uses and densities of adjacent parcels are not incompatible and would
not conflict with the growing of no more than two (2) outdoor marijuana plants.
6. The facilities or equipment used in the indoor cultivation must comply with the California
fire code, uniform electrical code, uniform mechanical code, and uniform building code, and
not be deemed to create an undue fire hazard by the city's fire marshal, or a health or
safety hazard to persons present in the building or structure where the marijuana is being
grown.
7. As a condition of receiving a use permit, the applicant must sign an agreement that, for
the entire time that the permit application is pending and the permit is in effect, consents to
inspection of the parcel and any building or structure on the parcel by any city employee
with responsibility for verifying compliance with this section.
C. Marijuana Cultivation In Nonresidential Zoning Districts: Marijuana cultivation may be
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permitted in the C-1, C-2, M, A, and A-E zoning districts in the city, subject to first securing a
use permit pursuant to the provisions in section 9262 of this chapter and compliance with
the following additional requirements:
1. No more than twelve (12) immature or six (6) mature plants per qualified patient may be
grown on a parcel.
2. The person with legal possession of the property must be a qualified patient or a primary
caregiver. If the person is a primary caregiver:
a. The limits in subsection C1 of this section apply to each qualified patient he or she is a
primary caregiver for; and
b. A use permit shall not be approved, unless the city makes a finding based on a report
from the police chief or his designee that the applicant does not have a criminal history
that would pose a threat of marijuana sales, the diversion of marijuana to nonmedical
uses or of conduct that endangers others.
3. The property owner or owners have signed and filed with the planning department a form
adopted by the planning department in consultation with the city attorney that contains all of
the following:
a. Acknowledgment that growing marijuana on the property may constitute a violation of
the federal controlled substances act with potential civil and criminal penalties, including:
1) imprisonment for up to five (5) years and a fine of up to two hundred fifty thousand
dollars ($250,000.00) or both, and 2) the possible forfeiture of the property pursuant to 21
USC section 853;
b. Consent to the use of the property for growing marijuana in accordance with this
section; and
c. An agreement releasing the city and its officers, employees and agents from any
liability to the applicant and the owner for issuing a use permit and for the acts or
omissions of the city and its officers, employees and agents in the administration of this
section.
4. The parcel must be located not less than three hundred feet (300') from the grounds of
an educational facility, park or recreation center, religious assembly, or building or facility
catering to children, the elderly or the infirm.
5. The plants must be grown indoors in a secure location.
6. The facilities or equipment used in the indoor cultivation must comply with the California
fire code, uniform electrical code, uniform mechanical code, and uniform building code, anc
not be deemed to create an undue fire hazard by the city's fire marshal or building
inspector, or a health or safety hazard to persons present in the building or structure where
the marijuana is being grown.
7. As a condition of receiving a use permit, the applicant must sign an agreement that, for
the entire time that the permit application is pending and the permit is in effect, consents to
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inspection of the parcel and any building or structure on the parcel by any city employee
with responsibility for verifying compliance with this section.
8. Marijuana may not be smoked or consumed on the parcel.
D. Applications For Use Permits Under Subsections B And C Of This Section: In addition to
complying with the provisions of section 9262 of this chapter, applications for a use permit
under subsections B and C of this section, shall comply with the following requirements:
1. The use permit shall be considered a major use permit and the planning commission
shall conduct the initial public hearing.
2. The application shall be accompanied by an additional fee established by resolution of
the city council that covers all costs of processing the application, including, but not limited
to, the full cost of the criminal history report required by subsection C2b of this section. The
city council may establish by resolution a separate fee for a renewal application under
subsection E of this section.
3. A primary caregiver applicant must: a) submit to the city police department his or her
fingerprints and his or her criminal history for use in investigating the applicant's criminal
history through the criminal justice information system (CJIS) and information maintained
by the United States federal bureau of investigation (FBI) and b) to the extent required by
law, a written consent to the use of the CJIS and FBI database and to the use of the
information obtained in acting on the application for a use permit. A public hearing shall not
be scheduled until the police chief, or his designee, submits to the planning department his
or her written recommendation concerning the findings required by subsection C2b of this
section.
4. The application must include all of the following information:
a. Name, address, assessor's parcel number and number of plants.
b. Evidence that the applicant is in lawful possession of the parcel.
c. Evidence of status as a qualified patient or evidence of status as a primary caregiver
as to each patient the applicant claims to be a primary caregiver for.
d. Site plan showing location of plants and plans demonstrating satisfaction of the
requirements of subsections B4 and 65 or C4 and C5 of this section.
e. Sufficient information to determine that a primary caregiver will only receive payments
from a qualified patient that constitute bona fide reimbursement for his or her actual
expense of cultivating and furnishing marijuana for the patient's approved medical
treatment.
5. The use permit granted pursuant to this section is personal to the applicant, cannot be
assigned or transferred, does not run with the land, and expires twelve (12) months after
is issued, unless renewed pursuant to subsection E of this section.
E. Permit Renewal: The use permit must be renewed annually in connection with which the city
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shall conduct an inspection of the premises to verify compliance with the requirements of this
section. The permit shall expire and thereafter marijuana cultivation on the parcel shall be
subject to a new use permit application, unless a renewal application accompanied by the
required fee is received by the planning department no later than forty five (45) days prior
to the anniversary date of the issuance of the use permit. A hearing on the renewal of the
use permit shall be conducted before the zoning administrator, as for a minor use permit,
according to the procedures in section 9262 of this chapter. In addition to any other
determinations permitted or required by section 9262 of this chapter, the zoning
administrator shall refuse to renew the permit if he or she determines that the applicant has
wilfully violated any material conditions of the permit or the requirements of this section.
(Ord. 1067, §§1, 2, 5, adopted 2005; Ord. 1070, §§1, 2, 5, 6, adopted 2005; Ord. 1071, §2,
adopted 2005)
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