Monday, April 28, 2014 2:00 PM
Council Chambers, Legislative Bldg, 745 4th St., Sparks, NV
Planning and Zoning Public Hearings and Action Items: 8.3
Title: Public Hearing, Second Reading and possible discussion on Bill 2671, CA-2-14 - An ordinance amending Title 20 of the Sparks Municipal Code to provide zoning authorization (Section 20.41.075) for the establishment of medical marijuana cultivation facilities, independent testing laboratories and facilities for the production of edible marijuana products or marijuana-infused products and other matters properly related thereto.
Petitioner/Presenter: Community Services Department/Planning Division/Karen L. Melby, AICP
Recommendation: Planning Commission and Community Services Department recommends approval; see motion below.
Financial Impact: N/A
Business Impact (Per NRS 237):
A Business Impact Statement is not required because this is not a rule.
Agenda Item Brief: This request is for a Code Amendment to provide zoning authorization (Section 20.41.075) for the establishment of medical marijuana cultivation facilities, independent testing laboratories and facilities for the production of edible marijuana products or marijuana-infused products.
Background: In the year 2000, voters in Nevada passed Question 9, amending the state constitution to sanction medical cannabis (i.e. marijuana) and, specifically, to allow physicians to authorize qualified patients to consume and grow cannabis for personal use. In 2013, the Nevada legislature passed and Governor Sandoval signed into law SB 374, which directs the Nevada Department of Health and Human Services to develop regulations for, and oversee the creation of, licensed establishments to produce, test and dispense cannabis and cannabis-infused products to authorized patients for medical use.
On April 1, 2014, the final regulations became effective and the State will begin a process to accept applications for ‘registration certifications’ for medical marijuana establishments sometime the summer of 2014. The Division of Public and Behavioral Health of the Nevada Department of Health and Human Services will administrate regulations for the operation of medical marijuana establishments and approve the medical marijuana establishments to operate in each jurisdiction. One of the State application requirements is that an identified location must be in the application. In order for the medical marijuana establishment to receive the Nevada state registration certification, it must be in compliance with local government ordinances/rules and receive any required approvals from the local government. If a local government has not enacted zoning restrictions, the medical marijuana establishment is not required to secure approval from the local government. By enacting regulations on medical marijuana dispensaries, the City can review and have input on the location and operations.
Analysis: This proposed amendment to Chapter 20 establishes the authority to regulate medical marijuana cultivation facilities, independent testing laboratories and facilities for the production of edible marijuana products or marijuana-infused products.
There will be ten new definitions added to Section 20.050 Definitions. These definitions are from the Nevada Revised Statues pertaining to medical marijuana. NRS 453A prohibits medical marijuana establishments from locating within 1,000 feet of a public or private school providing formal education to pre-school/kindergarten to 12th grade or within 300 feet of a ‘community facility’. One of the definitions to be added is what a ‘community facility’ means. The other definitions define each of the three medical marijuana facilities included in this code amendment and other terms associated with medical marijuana.
Formerly, Chapter 20.41 Permits Required for Certain Uses had regulations governing the operation of mobile venders which was moved with a code amendment to Section 20.53.060 in March 2012. Staff is proposing to reuse this section for Medical marijuana cultivation facility, independent testing laboratory and facility for the production of edible marijuana products or marijuana-infused products. The proposed regulations require these uses to have an administrative review prior to establishment. If the medical marijuana establishment loses its Nevada registration certification then the administrative review would be revoked by the City. The standards also provide that if the establishment closes the City’s administrative use is revoked. This differs from other entitlements in Chapter 20 in that the administrative review does not go with the property and only applies to the approved applicant. The City’s proposed regulations require the uses to comply with the Nevada regulations, including the separation criteria. There are also standards governing operations including loading and unloading, refuse disposal, a public safety plan, property access and emission controls.
Amendments to Section 20.49.020 establishes parking standards for each of the three uses. For production facilities, the parking requirement is one per 1,000 square feet of net usable area devoted to production, processing or manufacturing. This is the same as for any production industry in Sparks. The parking requirement for an independent testing laboratory is one per 250 square feet of gross floor area. This parking requirement is based on parking requirements for medical laboratories. For a medical marijuana cultivation facility, the proposed parking requirement is similar to the parking requirement for general industrial uses.
Section 20.91.010, the Industrial Use Table, permits the three uses in our Industrial zoning district with the issuance of an administrative review. The three uses of cultivation, production of medical marijuana-infused products and testing, are similar to other uses operating in our industrial zoning district. These uses are proposed to be permitted only in the Industrial zoning district.
Alternatives: City Council cannot approve the code amendment.
Recommended Motion: I move to approve CA-2-14 to amend Chapter 20 of the Sparks Municipal Code to establish zoning authority for the establishment of medical marijuana cultivation facilities, independent testing laboratories and facilities for the production of edible marijuana products or marijuana-infused products.
Title 20 Zoning and Land Use Amendment (Added Section for Medical Marijuana Cultivation Facilities).pdf
PC Report of Action_CA-2-14.pdf
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