2007/02/08 Planning Commission MinutesROHNERT PARK PLANNING COMMISSION
MINUTES
THURSDAY, FEBRUARY 8, 2007
The Planning Commission of the City of Rohnert Park met this date in a regular session commencing at 7:00
p.m. in the City Council Conference Room, 6750 Commerce Blvd., with Chairperson Adams presiding.
Call To Order
Chairperson Adams called the meeting of the regular session to order at
approximately 7:00 p.m. with Chairperson Adams leading the pledge of
allegiance.
Roll Call
Present (4) Commissioners: Commissioner Adams, Commissioner Kilat,
Commissioner Ahanotu, and Commissioner Armstrong were present.
Commissioner Callinan was excused.
Community Development Director, Ron Bendorff, and Recording Clerk, Suzie
Azevedo were also present.
Approval of Minutes
A motion was made by Commissioner Kilat, seconded by Commissioner Ahanotu
to approve the minutes of the January 25, 2007 meeting as presented. The
motion passed with a 4-0 vote.
Acknowledgement of
Chairperson Adams acknowledged the posting of the Agenda of this meeting in
Public Noticing
three (3) public places, per the requirements of the Brown Act.
Unscheduled
None.
Public Appearances
Revisions to Municipal
Mr. Bendorff gave the staff report. He gave a brief background on the action to
Code
date. Mr. Bendorff noted the following:
File No. PL2005-025MC
• In November, 1996 Proposition 215 - "The Compassionate Use Act of
1996" (the "Act") was adopted. This act allows seriously ill person to use
medical marijuana with doctor's recommendation without violating state
City of Rohnert Park
law.
• In October, 2003: State Legislature adopted SB 420 — the "Medical
Marijuana Program." It includes:
1. Voluntary identification card program for qualified patients and
primary caregivers;
2. Puts forth limits on the amount of dried marijuana or marijuana
plants per qualified patient; and
3. Allows for confidentiality and privacy restrictions.
Mr. Bendorff stressed that under federal law it remains illegal to sell and
use marijuana, regardless of whether such sale or use is for medical
purposes.
Due to the Compassionate Use Act, Mr. Bendorff stated that there is a
Planning Commission Minutes
February 8, 2007
high interest in establishment of medical marijuana dispensaries
throughout the State. A "Dispensary" is a facility where the primary
purpose is to dispense medical marijuana to qualified patients. The City
currently does not have regulations regarding medical marijuana
dispensaries. In April 26, 2005 the City Council adopted an interim
ordinance establishing a 45 -day moratorium on dispensaries.
Subsequently, the City Council extended the moratorium on May 24, 2005
for another 10 months and 15 days and again on April 25, 2006 for an
additional year. The moratorium is set to expire on April 25, 2007.
Mr. Bendorff identified three major concerns:
• There is a lack of State direction on a community's role in regulating the
dispensing of marijuana;
• There are potential conflicts between federal and state law; and
• There are major concerns regarding the secondary impacts of
dispensaries on communities.
Mr. Bendorff continued his presentation by discussing the State's direction
regarding Medical Marijuana Dispensaries. He stated that the Act is intended to
allow individuals with serious and terminal illnesses to possess and cultivate
medical marijuana with doctor's recommendation. Further, the Act identifies that
one of its purposes is "To encourage the federal and state governments to
implement a plan to provide for the safe and affordable distribution of marijuana
to all patients in medical need of marijuana." To date, no plan has been
established, leaving communities to guess how the Act is to be implemented,
particularly as it concerns the distribution of medical marijuana through
dispensaries, which are facilities not explicitly authorized by the Act. Alternatively,
SB 420 does allow for the collective or cooperative cultivation of medical
marijuana, provided that those who do so are:
1. qualified patients;
2. persons with valid identification cards; or
3. primary caregivers of the aforementioned groups (Section
11362.775).
There is nothing that speaks to a requirement that communities provide for
medical marijuana dispensaries, however. Mr. Bendorff said that the City cannot
be a cultivator or distributor of medical marijuana, as it is not a "primary
caregiver," which is defined as "the individual, designated by a qualified patient or
by a person with an identification card, who has consistently assumed
responsibility for the housing, health, or safety of that patient or person...."
(Section 11362.7(d))
Concerning Federal law, Mr. Bendorff reported that this body considers marijuana
to be a "Schedule I Drug" (i.e. 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 does not have an accepted safety for its use under medical
supervision (Controlled Substances Act, 21 USC Sec. 812). Under Section 841
of the Controlled Substances Act, the manufacture and distribution of marijuana
is prohibited by the federal government. Also, Federal law does not consider the
use of medical marijuana to meet a "medical necessity defense" (i.e. if a person
violates the Controlled Substances Act in order to avoid a greater harm, the
IN
Planning Commission Minutes
February 8, 2007
defense of "medical necessity" would not excuse the person from being guilty of
committing a crime).
There are secondary impacts that are important to discuss as well. Mr. Bendorff
stated that Medical marijuana dispensaries have been established in a number of
locations in California and the Bay Area, including the City of Santa Rosa. Due to
the presence of medical marijuana dispensaries, some local agencies have
reported secondary impacts, such as:
• Illegal drug activity;
• Illegal drug sales;
• Robbery of persons leaving dispensaries;
• Loitering around dispensaries;
• Falsely obtained identification cards; and
• Burglaries at dispensaries,
Mr. Bendorff pointed out that the Staff Report includes a January 27, 2006 memo
from Ted Giesige, Police Commander, to Thomas Bullard, Director of Public
Safety (DPS) regarding the potential impacts of medical marijuana dispensaries
on the City. The memo concludes that the allowance of dispensaries could
negatively impact the health, safety, and welfare of the community and could
compromise our working relationship with the Federal Drug Enforcement Agency
(DEA). Additional concerns included increased demands for police response
and negative impacts on DPS' ability to respond to other calls for service. The
Memo furthermore recommends that the City pass an ordinance to prohibit
medical marijuana dispensaries.
Mr. Bendorff noted that also attached to the staff report was the following
information/documentation:
• A January 25, 2007 update memo from Commander Giesige giving
examples of local instances of adverse secondary impacts related to
medical marijuana, including recent home invasion involving a gun in the
M Section of Rohnert Park.
• Articles from local newspapers describing incidents related to the
secondary impacts of medical marijuana in nearby communities.
• Memoranda from the Petaluma Police Department regarding secondary
impacts experienced in that community.
Mr. Bendorff briefly touched on the status of medical marijuana ordinances in
Sonoma County. He reported that the City of Santa Rosa is the only Sonoma
County city that has adopted a medical marijuana dispensary ordinance. A copy
of the Santa Rosa Ordinance is attached. Communities which have adopted
interim moratoria on new medical marijuana dispensaries include the Cities of
Cotati, Healdsburg, Petaluma, Sebastopol and Windsor, as well as the County of
Sonoma. Additionally, there are three communities that are considering
ordinances to permit medical marijuana dispensaries:
1. The City of Sebastopol - On January 23, 2007, a draft ordinance
was recommended by the Sebastopol Planning Commission for
adoption. Sebastopol City Council is expected to review the draft
ordinance on February 20, 2007.
Planning Commission Minutes
February 8, 2007
2. The Sonoma County's Board of Supervisors is considering
ordinance amendments to allow dispensaries within the urbanized
areas of the County, which includes the Santa Rosa Avenue
corridor north of Rohnert Park. These amendments are expected
to be considered on March 20, 2007.
3. The City of Cotati is also considering adopting an ordinance that
would allow medical marijuana dispensaries within that city.
If these ordinances are adopted and dispensaries are established nearby in the
County and in the City of Cotati, this could well meet the needs of qualified
patients within Rohnert Park.
Mr. Bendorff discussed the affects of the amendments being proposed this
evening. The amendments would add the following language to the "Pharmacy"
entry in the Zoning Ordinance tables that list the land uses that are permitted or
conditionally permitted in the Commercial Districts (Section 17.06.060) and
Mixed -Use District (Section 17.06.130): "Does not include a Medical Marijuana
Dispensary, which is a prohibited use within the City." This would clarify that a
medical marijuana dispensary is not a pharmacy, and also that it is not a land use
that would be permitted within the City. Further, the amendments would add the
following definition of "Medical Marijuana Dispensary to Section 17.04.030
(Definitions):
"Medical Marijuana Dispensary means any City -permitted and/or City -licensed
facility where medical marijuana is made available to and/or distributed to one
or more of the following: a "primary caregiver, " a "qualified patient, " or a
"person with an identification card. " Each of these terms is defined in
California Health and Safety Code Section 11362.7 and shall be interpreted in
strict accordance with Health and Safety Code Sections 11362.5 and 11362.7
et seq." "A medical marijuana dispensary shall not include the following uses,
so long as the location of such uses is otherwise regulated by the City's
municipal code or other applicable law and such uses strictly comply with the
City's municipal code or other applicable law, including but not limited to,
Health and Safety Code Sections 11362.5 and 11262.7 et seq.: A clinic
licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code; A
healthcare facility licensed pursuant to Chapter 2 of Divisions 2 of the Health
and Safety Code; A residential care facility for persons with chronic life-
threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the
Health and Safety Code; A residential care facility for the elderly licensed
pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code; A
residential hospice, or a home health agency licensed pursuant to Chapter 8
of Division 2 of the Health and Safety Code. "
The definition would clarify that state -licensed clinics and healthcare facilities (as
defined above) that serve the needs of individuals with serious and terminal
illnesses would not be prohibited within the City. Mr. Bendorff noted that should
the Commission alternatively believe that medical marijuana dispensaries should
be otherwise permitted within the City (i.e. without a State license), they may wish
to recommend to the Council that a draft ordinance be developed. The resulting
draft ordinance would likely be similar to the existing Santa Rosa ordinance and
the one recommended by the Sebastopol Planning Commission to its Council.
In conclusion, Mr. Bendorff offered the following analysis and recommendations:
There is no clear direction as to how the State intends for communities to
4
Planning Commission Minutes
February 8, 2007
carry out the Act, and no direction on how communities are to deal with the
issue of medical marijuana dispensaries. Given this lack of direction, coupled
with the negative secondary impacts associated with medical marijuana
dispensaries, City -permitted dispensaries should not be allowed within the
City, but State -licensed ones should be. Staff sees a prohibition as a
placeholder until such time as the state provides the guidance regarding
medical marijuana distribution that is promised in the Act. It should be
understood that such a prohibition would not preempt the Act as it would not
impact qualified patients'rights to cultivate and possess medical marijuana for
their own use, provided it is done in compliance with the Act.
A prohibition of dispensaries would also not restrict the collective, cooperative
cultivation projects envisioned by SB 420. It would also not prohibit state -
licensed clinics and healthcare facilities that address the needs of individuals
with serious and terminal illnesses.
Staff recommends that the Planning Commission:
Adopt Resolution 2007-04 recommending to the City Council the proposed
amendments to Sections 17.04.030, 17.06.060 and 17.06.130 of the Rohnert
Park Municipal Code to add a definition for a "Medical Marijuana Dispensary"
and to clarify that a "pharmacy" does not include a Medical Marijuana
Dispensary, which is a prohibited use within the City. It is expected that the
Council will review the proposed amendments at its meeting of February 27,
2007.
Mr. Bendorff acknowledged Commander Ted Giesige of the Rohnert Park Public
Safety Department.
Commander Giesige addressed the Commission and discussed the impacts that
could potentially be created for the Rohnert Park community should medical
marijuana dispensaries be allowed. He gave a brief background on the state
versus federal laws governing marijuana. He stated that the Controlled Substance
Act designates marijuana as a Schedule I drug, meaning that is unlawful to
distribute, dispense, or possess marijuana under federal law. Under the
Compassionate Use Act of 1996, marijuana was to be allowed for medical
purposes; the proposition did not permit nor authorize medical marijuana
dispensaries. Subsequent to this Act, in June of 2005 the US Supreme Court
resolved the conflict between the federal law prohibiting the possession and use
of marijuana and the State of California proposition allowing the use of marijuana
for medical purposes. The court decided in a case before them that allowing
marijuana to be used for medical purposes violates federal law, and those in
possession of an/or using marijuana be subject to prosecution.
Commander Giesige continued by addressing documented affects marijuana
dispensaries and marijuana, in general, have had in surrounding communities.
He cited several instances in Santa Rosa, Windsor and Lake County including
armed robberies, home invasions, and murder. Commander Giesige also spoke
of drug related crimes in Rohnert Park including a recent shooting and home
invasion on Southwest Boulevard where a drug user tried to rob a person growing
and selling marijuana. Prior to that instance, a marijuana supplier was shot in the
stomach on East Cotati Avenue by a person trying to rob him.
Commander Giesige also commented on the Department of Public Safety's
relationship with DEA. He stated that the department currently has an excellent
working relationship with DEA. He noted that agents from DEA were of great
5
Planning Commission Minutes
February 8, 2007
assistance to the city during an investigation of a drug-related homicide, providing
valuable intelligence that allowed great assistance and saved hundreds of hours
of surveillance. The City has also assisted DEA in many drug-related cases as
well. Commander Giesige noted that DEA is responsible for enforcing the federal
drug law, including those related to marijuana dispensaries. To allow marijuana
dispensaries to operate in violation of federal laws, knowing that the Department
will be asked to assist DEA in enforcing these laws, places the Department in a
difficult position and jeopardizes the Department's professional working
relationship with DEA.
In conclusion, Commander Giesige strongly urged the commission to recommend
prohibition of marijuana dispensaries. These dispensaries create a variety of
public nuisances and are a magnet for criminal activity that will have a negative
impact on the public health, safety and welfare of the Rohnert Park community.
Chairperson Adams asked if there were any questions of staff.
Commissioner Ahanotu asked if there have been any other cities that have
prohibited marijuana dispensaries in their community. Mr. Bendorff responded
that there have been other jurisdictions that have indeed prohibited these facilities
and the proposed action the city is contemplating is not unique.
Commissioner Kilat asked for clarification of state run health facilities and their
exemption from the amendments being proposed. Mr. Bendorff responded that in
the proposed definition of "Medical Marijuana Dispensary", a medical marijuana
dispensary shall not include the following uses, so long as the location of such
uses is otherwise regulated by the City's municipal code or other applicable law
and such uses strictly comply with the City's municipal code or other applicable
law, including but not limited to Health and Safety Code Sections 11362.5 and
11262.7. a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and
Safety Code; a healthcare facility licensed pursuant to Chapter 2 of Divisions 2 of
the Health and Safety Code; a residential care facility for persons with chronic
life-threatening .. pursuant to Chapter 3.2 of the Health and Safety Code; a
residential hospice pursuant to Chapter 8 of the Health and Safety Code. The
definition, would therefore clarify that state licensed clinics and healthcare
facilities (as defined) that serve the needs of individuals with serious and terminal
illnesses would not be prohibited within the city.
Chairperson Adams opened the public hearing.
Leo Tacata, 7723 Beverly Dr., Rohnert Park, a concerned citizen, spoke against
allowing medical marijuana dispensaries in the community. He believes there are
still too many questions to be answered. Mr. Tacata stated that he has a
substance abuse counseling background and has seen what marijuana has done
to families and youth. The affects of marijuana does more harm than good. It
has clearly been stated that these dispensaries are available close to the Rohnert
Park community and did not see the necessity to allow them here. He urged the
Commission to be cautious and take the wiser course of action and accept staff
recommendation to prohibit medical marijuana dispensaries in Rohnert Park.
Ron Brockman, Rohnert Park resident, spoke to the positive points that marijuana
dispensaries afford to people like himself and those in need of an alternative to
other medicines and more importantly to pain. He is 47 years old and HIV
positive. He came back to California and was encouraged by the California
voter's passage of Proposition 215. Currently, he is putting forth efforts to
establish a medicinal marijuana advocacy club at the Santa Rosa JC. He asked
0
Planning Commission Minutes
February 8, 2007
the Commission to have some compassion for those in need of this avenue of
managing pain and discomfort that comes with many types of illness and to
please give this a chance. Mr. Brockman stated that he does not believe
marijuana to be a criminal drug and in his view it is not the "ugly drug" that is
being painted here tonight. He also spoke about wanting to start a non-profit
dispensary in Rohnert Park whereby profitswould be given to groups such as the
Ryan White Foundation. Mr. Brockman urged the Commission to allow those
residents of Rohnert Park that desperately need this service to be given the right
to have it.
Commissioner Kilat asked Mr. Brockman if he had any fears about the violent
crime that is associated with these dispensaries. Mr. Brockman replied in the
negative and stated he is asking for compassion and a chance to educate and
provide safe and properly managed dispensary establishments.
Donna Frank, Santa Rosa resident, was recognized. She runs the medical
marijuana dispensary on Santa Rosa Avenue in Santa Rosa. She stated that all
of the negative remarks and comments made are in her opinion scare tactics ...
it is the old "reefer madness" propaganda and mentality. She talked about the
dispensary that she is involved with and the scrutiny that one who patronizes her
business must go through to obtain medicinal marijuana. With regard to all of
the news articles presented this evening, Ms. Frank believes that the Press
Democrat has always had a negative spin on marijuana dispensaries and never
has looked into the positive aspects of these facilities. She commented that there
are more robberies at banks and 7-11's than dispensaries. Currently, she is
paying $20,000 a month in sales tax, revenue that the city needs. She stated that
what drives crime is prohibition. Ms. Frank also commented that some of the
facts and figures presented this evening are old and outdated. She urged the
Commission to consider medical marijuana dispensaries in Rohnert Park.
Commissioner Ahanotu asked Ms. Frank what steps she has taken to prevent
crime at her place of business. Mr. Frank responded that she has very strict rules
and regulations, twice what is regulated for by the state which includes an
extremely tight alarm and security system.
Tim Ritter, resident of Cotati, spoke in favor of marijuana dispensaries. He is
employed by Ms. Frank and sees every day the benefits that this type of facility
affords to those who are sick and disabled. This particular dispensary goes above
and beyond the requirements of the state to ensure safety of all. He expressed
concern because many are not willing to be open and talk about the positive
aspects of these dispensaries. He believes that getting it off the street and
having a safe place to purchase marijuana is a much better solution than illegally
obtaining it and being susceptible to the criminal activity as discussed earlier. As
Ms. Frank spoke of earlier, crime is driven by prohibition.
Chairperson Adams closed the public hearing.
Commissioner Ahanotu asked if there were any statistics on how many people in
Rohnert Park would utilize a facility if one was to be approved. Mr. Bendorff
responded that there were no such figures discovered during his research of this
item.
Commissioner Ahanotu stated that cities are faced with a dilemma. There is a
potential conflict between the state and federal law regarding the medical use of
marijuana. Because there is no clear direction as to how the State intends for
communities to carry out the marijuana act and deal with the issue of medical
7
Planning Commission Minutes
February 8. 2007
Cha' person
Recording Jerk
marijuana dispensaries, cities are left at this time to shoulder the responsibility.
Commissioner Armstrong commented that there is not a lack of access to these
facilities in neighboring communities for those residents of Rohnert Park who are
in need. He completely is aware and understands the benefits of these
dispensaries as he has many patients that are helped by them, however, he
stated he does believe there is ample access for this service in surrounding areas
and does not feel it is the right choice for Rohnert Park at this time.
Commissioner Kilat strongly felt that those who home grow marijuana and who
illegally dispense marijuana are more vulnerable and susceptible to the criminal
activity that was spoken of earlier. In her opinion, it would be much safer to have
dispensaries in place that are regulated and conditioned so there is more control
and less crime. The goal is to protect the public. Would rather have dispensaries
with safeguards. The City needs to face these types of social issues and figure
out how to solve them.
Commissioner Ahanotu stated that he looks at this as a placeholder. His hope is
that in the next 5 years the state can establish guidelines and provide cities with a
comprehensive plan for regulating marijuana dispensaries. At this time, we
should not open the city up to the problems that seem to be associated with these
types of facilities.
Chairperson Adams asked if there were any further comments. There being
none, Chairperson Adams closed the discussion.
A motion was made by Commissioner Adams, seconded by Commissioner
Ahanotu, to adopt Planning commission Resolution No. 2007-04, Recommending
approval of File No. P12005-025MC, the proposed amendments to Sections
17.04.030, 17.06.060 and 17.06130 of the Rohnert Park Municipal Code (Land
use Regulations) regarding Medical Marijuana Dispensaries , to the City Council
as presented. The motion passed with a 3-1 vote. (AYES: Armstrong, Ahanotu,
Adams, NOES: Kilat)
Matters From
Commissioner Kilat indicated that unfortunately she would not be able to attend
Commissioners
the League of California Cities Conference this year but encouraged other
Commissioners to attend as the presentations and workshops available at the
Conference have been very informative and beneficial.
Matters from Planning
Mr. Bendorff reported that it does not appear at this time there will be any
Staff
business to discuss for the February 22, 2007 meeting. Staff will keep the
Commission posted should something arise.
Adjournment
There being no further business, Chairperson Adams adjourned the meeting at
8:20 PM until (tentative) Thursday, February 22, 2007.
Cha' person
Recording Jerk