COUNTY OF SACRAMENTO CALIFORNIA

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1 COUNTY OF SACRAMENTO CALIFORNIA Control No.: PLNP Type: ZOB TO: FROM: SUBJECT: CONTACT: BOARD OF SUPERVISORS COUNTY PLANNING COMMISSION COMMUNITY PLANNING AND DEVELOPMENT DEPARTMENT AN AMENDMENT TO THE SACRAMENTO COUNTY ZONING CODE PROHIBITING ANY USES INCONSISTENT WITH BOTH STATE AND FEDERAL LAW Leighann Moffitt, Interim Planning Manager, , PROJECT DESCRIPTION ASSESSOR S PARCEL NO(S).: County-wide LOCATION: County-wide APPLICANT: County of Sacramento Community Planning and Development Department th Street, Room 230 Sacramento, CA REQUEST: An amendment to the Sacramento County Zoning Code to prohibit any uses inconsistent with State or Federal Law, or both. ENVIRONMENTAL DOCUMENT: EXEMPT

2 An Amendment To The Sacramento County Zoning Code Prohibiting Any Uses Inconsistent With Both State And Federal Law Control No. PLNP Overview: This Ordinance results in an amendment to the Sacramento County Zoning Code to prohibit any land use, activity or establishment that contravenes either State or Federal law, or both. This ordinance is consistent with the County s current practices. Summary of Significant Issues: The impetus for this code amendment was the operation and establishment of medical marijuana dispensaries that are not permitted by the Zoning Code and are, therefore, an illegal use. The County initially contemplated introduction of an ordinance to regulate and permit such dispensaries; however, recent court decisions and federal actions have caused the County to reconsider that approach. This code amendment will apply County-wide and to any land use, activity or establishment that contravenes either state or federal law, or both. It is not limited to medical marijuana dispensaries. CPAC Recommendation: Because this item is simply a clarification of existing regulations and represents current practices, the item was not sent to each Community Planning Advisory Council (CPAC) for formal review and recommendation. However, a notice of the Planning Commission hearing, along with a link to this draft Code Amendment, was sent to all CPAC members for review and comment. Recommendation: Staff is recommending APPROVAL of the proposed Code Amendment. I. PROJECT ANALYSIS The impetus for this code amendment was the operation and establishment of medical marijuana dispensaries. Because the current zoning code does not expressly permit medical marijuana dispensaries, the establishment and operation of such dispensaries is an illegal use under the Zoning Code. The County initially contemplated introduction of an ordinance to regulate and permit such dispensaries; however, recent court decisions and federal actions have caused the County to reconsider that approach. This proposal is to add Section to Title 1 of the Zoning Code to read as follows: Consistency with State and Federal Law. Notwithstanding any other provision of the Zoning Code, any land use, activity or establishment that contravenes either state or federal law, or both, is prohibited. Code Enforcement staff, as directed by the Board of Supervisors, have moved aggressively to take action against the numerous dispensaries. This aggressive action, combined with recent court decisions and the actions by the Federal government, has led to a substantial number of closures of unpermitted dispensaries. LCM:lcm:crg srplnp Code Amend Fed & State Law 2

3 An Amendment To The Sacramento County Zoning Code Prohibiting Any Uses Inconsistent With Both State And Federal Law Control No. PLNP II. III. STAFF RECOMMENDATIONS This action will ensure that local land use regulations and activities are consistent with both Federal and State law. In addition, the County s current zoning code does not allow medical marijuana dispensaries to be permitted and this code amendment further reinforces that current situation. For these reasons, staff recommends APPROVAL of this proposal. A. Recommended Actions: 1. Environmental Documentation: Recognize the EXEMPT status of the request. 2. Ordinance: APPROVE the attached Ordinance of the Sacramento County Zoning Code prohibiting any uses inconsistent with both state and federal law. ATTACHMENT 1. An Ordinance of the Sacramento County Zoning Code Prohibiting Any Uses Inconsistent with Both State and Federal Law This staff report was prepared on November 2, LCM:lcm:crg srplnp Code Amend Fed & State Law 3

4 ATTACHMENT 1 SZC- AN ORDINANCE OF THE SACRAMENTO COUNTY ZONING CODE PROHIBITING ANY USES INCONSISTENT WITH BOTH STATE AND FEDERAL LAW The Board of Supervisors of the County of Sacramento, State of California, ordains as follows: WHEREAS, there may be inconsistencies between both State and Federal law regarding land uses; WHEREAS, the County of Sacramento desires to determine what types of land uses are permitted, conditionally permitted or prohibited within its boundaries; and WHEREAS, in order to protect the health, safety and welfare of the community, the County of Sacramento desires to add a provision to the Zoning Code which prohibits uses inconsistent with State or Federal law. FOLLOWS: follows: NOW, THEREFORE, THE BOARD OF SUPERVISORS ORDAINS AS SECTION 1. Section is added to Title 1 of the Zoning Code to read as Consistency with State and Federal Law Notwithstanding any other provision of the Zoning Code, any land use, activity or establishment that contravenes either state or federal law, or both, is prohibited. SECTION 2. This ordinance was introduced and the title thereof read at the regular meeting of the Board of Supervisors on and on further reading was waived by vote of the Supervisors present. This ordinance shall take effect and be in full force on and after thirty (30) days from the date of its passage, and before the expiration of fifteen (15) days from the date 1

5 ATTACHMENT 1 of its passage it shall be published once with the names of the members of the Board of Supervisors voting for and against the same, said publication to be made in a newspaper of general circulation published in the County of Sacramento. On a motion by Supervisor, seconded by Supervisor, the foregoing ordinance was passed and adopted by the Board of Supervisors of the County of Sacramento, State of California, this day of 2011, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Chair of the Board of Supervisors Of Sacramento County California (SEAL) ATTEST: Clerk, Board of Supervisors w:\ordinances\2011\federallawzoningcoderev.ord.doc 2