HomeMy WebLinkAbout2016-02-09; City Council; Resolution 2016-0261 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
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1. That the above recitations are true and correct.
2. That the City Council confirms that the zoning code contained in the Carlsbad
Municipal Code was adopted and operates under the principles of permissive
zoning.
3. That the cultivation of marijuana and any related uses are not expressly listed as
permitted uses in the zoning code enacted in the Carlsbad Municipal Code and
have always been prohibited in the city.
4. That the California Department of Food and Agriculture is prohibited from issuing
licenses for the cultivation of marijuana or any related uses in the city.
1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
2 of the City of Carlsbad on the __ day of ______________ , 2016,
3 by the following vote, to wit:
4 AYES:
5 NOES:
6 ABSENT:
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MATT HALL, Mayor
ATTEST:
BARBARA ENGELSEN, City Clerk
(SEAL)
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ordinance." The city's licensing ordinance, Carlsbad Municipal Code section 5.04.160, prohibits
"any business, operation or use that cannot be conducted or carried out without being in violation
of state or federal law." The federal Controlled Substances Act, 21 U.S.C. section 801 to 889,
makes it unlawful to manufacture, distribute, dispense, or possess marijuana.
California Business and Professions Code section 19340(a) also requires cities to adopt a local
ordinance explicitly prohibiting or regulating medical marijuana deliveries, in order to avoid the
state becoming the sole licensing authority for deliveries. Delivery of medical marijuana is
currently precluded by the city's permissive zoning code. Unlike cultivation, however, the Act does
not explicitly honor permissive zoning bans. The Act not include a deadline for adopting a delivery
ordinance, and the state does not anticipate beginning to issue licenses for medical marijuana
delivery prior to 2018. The City Attorney's Office and Planning Division are studying this issue
and will bring a draft ordinance for consideration at a later date.
FISCAL IMPACT:
The requested action has no fiscal impact.
ENVIRONMENTAL IMPACT:
The requested action is not a project within the definition of the California Code of Regulations,
Title 14, Chapter 3, section 15378(a) since the action has no potential for resulting in either a
direct change in the environment or a reasonably foreseeable indirect change in the environment.
EXHIBITS:
1. Resolution No. 2016-026