HomeMy WebLinkAboutRES NO 010-16RESOLUTION NO. 0 10-16
RESOULTUION BANNING CULTIVATION OF
MARIJUANA IN THE CITY OF BAKERSFIELD
WHEREAS, the City of Bakersfield ( "City ") has a "permissive" zoning code
that specifically identifies the uses permitted in each zone of City, and uses
other than those specifically mentioned as permitted are prohibited unless such
uses are both similar to other permitted uses and determined by a resolution in
writing to be no more detrimental to the welfare of the community than other
permitted uses; and
WHEREAS, medical marijuana dispensaries never been a permitted land
use in any zone within City; and
WHEREAS, the Federal Controlled Substances Act, 21 U.S.C. § 801 et seq.,
classifies marijuana as a Schedule 1 Drug, which is defined as a drug or other
substance that has a high potential for abuse, that has no currently accepted
medical use in treatment in the United States, and that has not been accepted
as safe for use under medical supervision; and
WHEREAS, in 1996, the voters of the State of California approved
Proposition 215 entitled "The Compassionate Use Act of 1996" ( "CUA "); and
WHEREAS, in 2004, the Legislature enacted Senate Bill 420 referred to as
the "Medical Marijuana Program" ( "MMP ") to clarify the scope of the CUA and
to provide qualifying patients and primary caregivers who collectively or
cooperatively cultivate marijuana for medical purposes with a limited defense
to certain specified State criminal statutes; and
WHEREAS, on September 8, 2004, City Council adopted Resolution No.
252 -04, which states, there are no permitted uses in any zones similar in type to
medical marijuana dispensaries, medical marijuana dispensaries are more
obnoxious or detrimental to the welfare of the community than any permitted
use, and medical marijuana dispensaries are not permitted uses within any zone
in the City of Bakersfield. Resolution 252 -04 has never been challenged or
repealed and remains in effect today; and
WHEREAS, on May 6, 2013, in City of Riverside v. Inland Empire Patients
Health and Wellness Center, Inc. (2013) 56 Cal.41h 729, the California Supreme
Court held that "[n]othing in the CUA or the MMP expressly or impliedly limits the
�F 0AKF9
Page 1 of 4 Pages - m
U 0
2HIpINdI
inherent authority of a local jurisdiction, by its own ordinances, to regulate the
use of its land "; and
WHEREAS, on June 26, 2013, City Council adopted Ordinance 4731, which
codified City's long- standing interpretation of the existing zoning code that
medical marijuana dispensaries are prohibited within any zone district within
City; and
WHEREAS, on October 9, 2015 Governor Brown signed three bills into law
(AB 266, AB 243, and SB 643) which collectively are known as the Medical
Marijuana Regulation and Safety Act (hereafter "MMRSA "). The MMRSA set up
a State licensing scheme for commercial medical cannabis activities while
protecting local control by requiring that all such businesses must have a local
license or permit to operate in addition to a State license; and
WHEREAS, the MMRSA contains language that requires the City to prohibit
cultivation uses by March 1, 2016 or the State will become the sole licensing
authority; and
WHEREAS, the purpose of this Resolution is to confirm publicly that: (1)
cultivation of marijuana is considered to be an accessory and incidental use to
a medical marijuana dispensary; and, (2) that Medical Marijuana Dispensaries
are expressly impermissible within the City of Bakersfield pursuant to BMC section
17.08.050 (as upheld in Concerned Citizens of Bakersfield v. City of Bakersfield
(2015 5th App. Dist. No. x-069768).
WHEREAS, City finds that, under the General Rule of CEQA in accordance
with Section 15061(b) (3), it can be seen with certainty that there is no possibility
that the adoption of this Resolution may have a significant effect on the
environment because the regulatory environment related to medical marijuana
dispensaries, and the incidental and accessory activities related to medical
marijuana dispensaries, does not change as a result of the confirmations made
by this Resolution.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield
as follows:
The above recitals and findings are true and correct and are
incorporated herein by reference.
2. The City of Bakersfield has a permissive zoning code specifically
identifying the uses permitted in each zone of City.
QQeAKF9
Page 2 of 4 Pages - m
v o
MUNN&
3. Under the principles of permissive zoning, medical marijuana
dispensaries have never been allowed within the City of Bakersfield
and are expressly banned within the City pursuant to BMC section
17.08.050.
4. Cultivation of medical marijuana is an accessory and incidental use
to a medical marijuana dispensary and is not permitted within the
City of Bakersfield pursuant to BMC section 17.08.050 and the
principles of permissive zoning.
5. The State of California is not the sole licensing authority in the City of
Bakersfield because the City has land use regulations prohibiting the
cultivation of marijuana.
O�gANe9'P
- Page 3 of 4 Pages - m
U O
QF114INA6
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted
by the Council q( the City of Bakersfield at a regular meeting thereof held on
JAN 1 0 2016 by the following vote:
/ ✓ ✓ ✓ ✓ ✓ ✓
Y 's COUNCIL MEMBER RIVERA, MAXWELL. WEIR, SMITH, HANSON, SULUVAN, PARLIER
NOES: COUNCIL MEMBER Nunes
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER mm&' —
APPROVED JAN 10 1016
By
H RVEY L. HALL
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By y y
RICHARD IGER
Deputy City Attorney
Rl:lsc
5: \COUNCIL\Re. \1516 \Ilagoo�U11NaIbnBan tlaa
ROBERTA GAFFORDAI&C
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
o` gAK4;q
Page 4 of 4 Pages - F m
U O
PnICAINAF