7/14/2010
On June 29, 2010, the City Council adopted Ordinance #5526, which amended Chapter 28.80 of the Zoning Ordinance, (Medical Cannabis Dispensaries). The major changes were as follows:
1. Maximum of three (3) storefront collectives
2. Allowable locations limited to the following areas, as described by block face the Exhibit to the ordinance:
a. Outer State Street (Map)
b. Upper De la Vina (Map)
c. West Pueblo Medical (Map)
d. Mission (Map)
e. Milpas (Map)
3. Prohibition of storefront collectives in existing, mixed-use buildings with residential condominiums
4. Storefront collective membership limited to Santa Barbara County residents
5. Require 24 hour waiting period to join a storefront collective
6. Cultivation, membership and financial record required to be maintained, with inspection by City staff
7. Medical records may be inspected by City staff with a search warrant or inspection warrant
8. Dispensary inspection by City staff with limited notice
9. Security provided by a separate, “Private-party operator” security company, which is licensed by the State
10. Hours of operation: 8:00 a.m. - 6:00 p.m. Monday through Saturday
11. Applications are appealable to the City Council
12. Annual review of the storefront collective operation by the Police and Community Development Departments
13. All dispensaries must close by January 29, 2010 unless they meet the new locational requirements and have a Medical Cannabis Dispensary Permit. Only the permitted dispensary at 331 N. Milpas meets both requirements
14. Change Ordinance name to Medical Marijuana Storefront Collective Dispensary Ordinance
The City Council also placed a measure on the November 2010 ballot, which asks the voters whether the City should ban storefront collective dispensaries. The Council Agenda Report regarding this ballot measure can be found at www.santabarbaraca.gov/CAP (find the June 29 agenda, and go to Item 25).
As of today, there are three permitted dispensaries, as well as a number of nonconforming dispensaries. Two of the permitted dispensaries must close, as well as all of the nonconforming dispensaries; therefore, there will be two “open” spots. There are three pending applications that meet the locational requirements of the new ordinance. All three have been deemed complete. These applications will be processed one-at-a-time until the two open spots are filled. It is possible that some of these applications will not be approved. If this is the case, then newer applications will be processed in the order that they are deemed complete. Please keep in mind that if the ballot measure passes, all application processing will cease.
The application packet is available by following this link (Application Packet), and you may start the application process if you so desire.
As part of the application, you must prepare a document that shows how your dispensary complies with the operational requirements AND the criteria for approval in the Ordinance. For your convenience, the requirements and the criteria for approval are in this Medical Cannabis Dispensary Permit Application Document.
Staff recommends the following steps before beginning the process:
- Read the ordinance (link above )
- Speak to Danny Kato, Senior Planner to get an update on the progress of the pending applications
- Find a location that meets the requirements of the ordinance
- Develop your collective operational plan. We recommend as much detail as possible to show that the storefront collective is not a retail business. Information to consider includes: compliance with Proposition 215, SB 420 and the Attorney General’s Guidelines, location of cultivation in SB County, methods to ensure a closed loop between cultivator-members and non-cultivator-members, and compensation for cultivators and other members.
March 18, 2010
The Medical Cannabis Dispensary Ordinance is currently suspended. To see the suspension ordinance and the accompanying Council Agenda Report, please click on this link
Since the last update on this webpage, the Ordinance Committee met on January 26, 2010, and made final recommendations to City Council.
City Council met on February 23, 2010, and did not introduce the proposed ordinance. Instead, the Council directed the Ordinance Committee to consider limiting the maximum number of dispensaries in the city to five; protecting major alcohol and drug rehabilitation facilities with an appropriate buffer; allowing dispensaries in the Cottage Hospital Area, and further defining the operational parameters of storefront collective/cooperatives in order to ensure compliance with Proposition 215 and SB 420. Council asked that the ordinance be returned to Council within 60 days. There seemed to be consensus on the Council to eliminate the Mesa and the area around the Salvation Army Hospitality House on the 500 block of Chapala Street as allowed areas for dispensaries.
The Ordinance Committee met on March 16, 2010, to discuss dispensary locations, collectives/cooperatives, and state law. Steve Wiley, the City Attorney, gave a presentation on state laws regarding medical marijuana. A copy of his presentation materials is here.
The Ordinance Committee continued the discussion to the Ordinance Committee’s March 30, 2010 meeting. There is already an item on that agenda, so we anticipate that the Medical Marijuana Ordinance hearing will start at around 12:45 p.m.
Links to Staff reports, meeting videos, and minutes are available by clicking here.
January 12, 2010
The Medical Cannabis Dispensary Ordinance is currently suspended. To see the suspension ordinance and the accompanying Council Agenda Report, please click on this link
Since the last update on this webpage, the Ordinance Committee met four times: September 29th, October 6th, October 20th, and November 24th.
On October 20th, the Ordinance Committee directed Staff to draft a revised ordinance based on its recommendations. The Ordinance Committee reviewed the draft ordinance (Phase I Revisions) at its November 24th meeting.
On November 17, 2009, the City Council directed the Ordinance Committee to consider further amending the MCDO to accomplish the following (Phase II revisions):
1. Make it more clear that, pursuant to state law (i.e. the Compassionate Use Act), the City would only allow the cultivation and distribution of medical marijuana through cooperatives or collectives; and
2. Develop further City regulations for storefront cooperatives and collectives such that they are required to operate as true collectives/cooperatives in a manner consistent with the state Attorney General August 2008 “Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use.”
The Council also directed staff to continue processing the Phase I revisions that the Ordinance Committee recommended on October 20th, and to return to Council as soon as possible with an ordinance suspending the approval of new marijuana dispensaries pending the consideration of these long-term dispensary ordinance revisions. This ordinance was adopted on December 15, 2009, and is effective through January 29, 2010. On January 26, 2010, the Council is scheduled to introduce an ordinance that would extend the suspension for up to 10 months and 14 days, or the adoption date of the revised ordinance. The suspension extension ordinance is scheduled for adoption on February 2, 2010.
1. A citywide cap of seven dispensaries, one in each of the following seven geographic areas:
a. Outer State
b. De la Vina
c. Mission
d. Downtown, east of Santa Barbara Street
e. Downtown, west of Santa Barbara Street
f. Milpas
g. Mesa
The proposed ordinance does this by eliminating language that allows dispensaries in the C-2 and C-M Zones, and expanding the list of special areas where dispensaries are allowed. This methodology results in a smaller area where dispensaries are allowed.
2. A reduced amortization period of six months for existing, nonconforming dispensaries (those that existed legally prior to the adoption of the current ordinance, in March 2008), starting at the adoption date of the proposed revisions. At the end of this reduced amortization period, these nonconforming dispensaries would be required to cease operations, unless a new application at a conforming location is approved.
3. A prohibition on dispensaries in existing, mixed-use building, where the residential units are condominiums.
4. More discretion for the Staff Hearing Officer or Planning Commission, in the form of changes to criteria for issuance.
5. A prohibition on dispensaries within 1000 feet of Casa Esperanza.
6. A requirement that security be provided by a separate private party operator security company, which is licensed by the State.
7. A requirement for annual review of permitted dispensaries by the Police Department and the Staff Hearing Officer.
8. Minor and miscellaneous changes to the draft ordinance language.
The Ordinance Committee did not recommend changing the appeal procedure (Planning Commission decision is final) or expanding the allowable areas to the Cottage Hospital area or the Coast Village Road area.
The Planning Commission reviewed the draft Phase I revisions on December 17, 2009. The Commission agreed with the City Council’s direction to develop the Phase II revisions and to suspend the processing of new applications. The Commission made the following recommendations:
1. Reduce the total number of dispensaries to a maximum of 2-4
2. Reduce the number of allowable geographic areas from seven to four or fewer by combining districts;
3. Expand the list of protected land uses to include:
a. All alcohol and drug rehabilitation facilities, not just Casa Esperanza;
b. Institutional facilities where youth congregate, such as Girls Inc., or the Boys and Girls Club.
c. The list of uses in the Adult Entertainment Ordinance (See Attachment 1, excerpts from the Adult Entertainment Facilities Ordinance).
4. Increase the radii around protected uses from 500 feet to 1000 feet;
5. Allow dispensaries in the Cottage Hospital area;
6. Change the decision making body from the Staff Hearing Officer to the Planning Commission, with an appeal to City Council;
The Commission agreed with the proposal to reduce the amortization period for existing, nonconforming dispensaries, and did not seem to have issues with the Ordinance Committee’s other recommendations.
Staff requested that the Planning Commission make specific recommendations on the allowable locations for dispensaries, as the Ordinance Committee did have time to discuss the issue in detail. Except for recommendations above, the Planning Commission declined to do so, stating that the final determinations on locations is premature, given the extent of the changes that must still be made.
For more information:
· Ordinance Committee staff reports can be found here
· Ordinance Committee minutes and videos can be found here
· Council Agenda Reports can be found here
· Council minutes and videos can be found here
· Planning Commission staff reports can be found here
· Planning Commission minutes and videos can be found here
On January 26, 2009, the Ordinance Committee will consider the Planning Commission’s recommendations on the Phase I revisions, and the Council is scheduled to introduce an extension to the current ordinance suspension.
September 22, 2009
On July 28, 2009, the City Council directed the Ordinance Committee to review the Medical Cannabis Dispensary Ordinance, and to make recommendations to revise it. The Ordinance Committee met on September 15, 2009, and heard a staff presentation and public comment. The Ordinance Committee members did not have time to discuss the issue or give direction. The Ordinance Committee continued the item until Tuesday, September 29, 2009. The hearing will begin at 11:00 a.m. in Council Chambers, 735 Anacapa Street, Second Floor. If you would like to be on a notification email list, please send an email to Danny Kato at dkato@santabarbaraca.gov.
The Ordinance Committee Staff Report is available by following this link (OC Staff Report). The video of the 9/15/09 meeting is available by following this link (9/15 OC Video, then find the meeting of 9/15, and click on the word, “Video,” to the right). The PowerPoint from the staff presentation is available by following this link (9/15 OC PowerPoint).
There were items of interest submitted to the Ordinance Committee on 9/15. Links to some of those items are presented here:
1) 2009 White Paper on Medical Cannabis by the CA Police Chief’s Association Fact Sheet,
2) Medical Marijuana Facilities within the City of Los Angeles by LAPD (we think, the first 2 pages are missing)
3) Citizen Proposed MCDP Ordinance Amendments and Supporting Documentation, by a Coalition of Neighborhood Groups
4) Fortune Magazine article on Medical Cannabis
5) White Paper on Medicinal Cannabis Dispensaries in the City of Santa Barbara, by Patrick Fourmy
Staff has created new maps, for discussion purposes. The Ordinance Committee Chairperson asked that the public review these maps, and give input as to where dispensaries SHOULD be allowed, rather than where dispensaries SHOULD NOT be allowed.
Maps showing 500’ radius from schools and parks:
1) Citywide
2) Downtown
3) Downtown showing prohibition in El Pueblo Viejo and Brinkerhoff Districts
4) Downtown showing prohibition within 500 feet of residential zones
5) Milpas
6) Mesa
7) Upper State
Maps showing 750’ radius from schools and parks:
1) Citywide
2) Downtown
3) Milpas
4) Mesa
5) Upper State
Maps showing 1000’ radius from schools and parks:
1) Citywide
2) Downtown
3) Milpas
4) Mesa
5) Upper State
Maps showing 1320’ radius (1/4 mile) from schools and parks:
1) Citywide
2) Downtown
3) Milpas
4) Mesa
5) Upper State
Maps showing 1700’ radius from schools and parks. The Citizen Proposed Ordinance Amendment included a prohibition of ½ mile walking distance from a number of land uses, like schools, parks, day care, pre-school, church, etc. We are not able to show an exact ½ mile walking distance, but that is at minimum, a 1700’ radius.
1) Citywide
2) Downtown
3) Milpas
4) Mesa
5) Upper State
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July 3, 2008
The City of Santa Barbara adopted a Medical Marijuana Dispensary Ordinance on March 25, 2008, and it became effective on April 24, 2008.
The application packet is available by following this link (Application Packet), and you may start the application process.
As part of the application, you must prepare a document that shows how your dispensary complies with the operational requirements AND the criteria for approval in the Ordinance. For your convenience, the requirements and the criteria for approval are in this Medical Cannabis Dispensary Permit Application Document.
The application fee has not been established; however, in the interim, we will be charge the Planning Division’s hourly rate for processing time. Currently, the rate is $200.00/hr. We will collect a deposit of 10 hours times the hourly rate at the time of application intake, and charge hours against that amount. When the deposit runs out (and we anticipate that will), you will be asked to submit additional funds to continue with the application processing. Fees increase every July 1.
Staff recommends the following steps before beginning the application process:
1) Read the adopted Medical Marijuana Dispensary Ordinance
2) Find a location that meets the requirements of the Ordinance.
a) The following maps will help you find a spot:
i) Citywide map
ii) Downtown map
iii) Outer State Street map
iv) Milpas Street map
v) Mesa map
b) The schools on these maps are based on lists from the Santa Barbara County Education Office as of May 2008, and are most likely accurate; however, we recommend that you walk or bike an area that’s at least a one block radius of the proposed site to see if there are any private schools (K-12) in the area.
c) The maps only show the locations of the known Medical Cannabis Dispensaries as of the dates on the maps. We recommend that you walk or bike an area that’s at least one block radius of the proposed site to see if there are any other Medical Cannabis Dispensaries in the area.
The remaining steps are outlined in the application packet.
Please check back to this website for additional information.