HomeMy WebLinkAboutPC Resolution 08-06 - (Marijuana use)RESOLUTION NO.08-6
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH RECOMMENDING CITY COUNCIL APPROVAL OF A
ZONE TEXT AMENDMENT TO THE MUNICIPAL CODE PROHIBITING
MEDICAL MARIJUANA DISPENSARIES
The Planning Commission hereby resolves and orders as follows:
SECTION 1. The Planning Commission held a duly noticed public hearing on January 15, 2008,
based on initial direction from the City Council, to review and consider clarifications to the Municipal
Code regarding adult business regulations.
SECTION 2. Based on the evidence considered at the public hearing, the Planning Commission
makes the following findings:
1. On April 25, 2006 the City Council approved an interim urgency ordinance prohibiting 'the
establishment of medical marijuana dispensaries in the City. On May 23, 2006 and February
27, 2007, the Council extended that ordinance. As a result, the ordinance prohibiting
dispensaries will now expire on April 7.
2. Based on the research and analysis conducted on the operation of medical marijuana dispensing
facilities following adoption of the interim ordinance, it has been determined that these
dispensaries generate negative secondary impacts and are not a compatible land use in the City
of Hermosa Beach.
SECTION 3. The Planning Commission of the City of Hermosa Beach hereby recommends City
Council approval of the following amendments to the Hermosa Beach Municipal Code:
I. Medical marijuana dispensaries shall be added to the alphabetical list of commercial land uses
in Hermosa Beach Municipal Code Section 17.26.030, indicated by the appropriate symbol that
it is a prohibited use, as follows:
SE
C-1 C 2 3
See Section
Medical Mari'uana Dis ensaries
17 42 110
2. Section 17.42.110 Medical Marijuana Dispensaries Prohibited shall be added to the Hermosa
Beach Municipal Code to read as follows:
17.42.110. Medical Marijuana Dispensaries Prohibited.
A. Definitions
1. "Marijuana" shall have the same meaning as the definition of that word in Health and Safety
Code Section 11018.
2. "Medical Marijuana" means marijuana authorized for personal medical use in compliance with
Health and Safety Code Section 11362.5, et seq.
3. "Medical Marijuana Dispensary" means any facility or location, whether fixed or mobile,
where a primary caregiver makes available, sells, transmits, gives or otherwise provides
medical marijuana to two or more persons with identification cards or qualified patients, or any
facility where qualified patients, persons with identification cards and primary caregivers meet
or congregate collectively and cooperatively to cultivate or distribute marijuana for medical
purposes under the authority of California Health and Safety Code section 11362.5, et seq.
Medical Marijuana Dispensary shall not include the following uses, so long as such uses
comply with this Code, the California Health and Safety Code Section 11362.5, et seq., and
other applicable law:
a. A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code.
b. A health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and
Safety Code.
C. A residential care facility for persons with chromic life -threatening illness licensed
pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code.
d. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2
of the Health and Safety Code.
e. A hospice or a home health agency, licensed pursuant to Chapter 8 of Division 2 of the
Health and Safety Code.
4. "Person with an Identification Card" shall have the same meaning as the definition of that word
in Health and Safety Code Section 11362.7.
5. "Primary Caregiver" shall have the same meaning as the definition of that word in Health and
Safety Code Section 11362.7.
6. "Qualified Patient" shall have the same meaning as the definition of that word in Health and
Safety Code Section 11362.7.
B. Medical marijuana dispensaries prohibited.
Medical marijuana dispensaries are prohibited in all zones throughout the City.
C. Violations and remedies.
1. Criminal penalties. Any violation of any provision of this chapter shall be deemed a
misdemeanor and shall be punishable in accordance with chapter 1.04.
SECTION 4. Section 15061(b)(3) of Title 14 of the California Code of Regulations exempts the
project from the requirements of the California Environmental Quality Act.
SECTION 5. Nothing in this ordinance shall be interpreted to conflict with the provisions of Health
and Safety Code Section 11362.5, et seq.
PASSED, APPROVED AND ADOPTED this 15th day of January, 2008, by the following vote:
AYES: Comms.Allen,Hoffman,Perrotti,Pizer
NOES: None
ABSENT: Chmn.Kersenboom
ABSTAIN: None
CERTIFICATION
I hereby certify that the foregoing Resolution P.C. 08-6 is a true and complete record of the action
taken by the Planning Commission of the City of Hermosa Beach, California, at their regular meeting
of January 15, 2008.
Sam Perrotti, Vice Chairman
January _15, 2008
Date
en R e son, Secretary
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