Important Arcata Vote on MMJ THIS WEEK!

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(From an Arcata supporter)
CODE RED!!!
Arcata City Council Agenda for
THIS WEEK = WEDNESDAY
12/19/07
RECOMMENDATION:
sb420 guildelines +
ONLY ONE PER RES!
see below!

BE THERE AT THE MEETING to let them know this is
illegal. (see notes under agenda item which
talks about them doing this! a. what SB420 says -
also b. what Arcata's own home based business
(LUG) says about it - right from Arcata's own web
site)

City Council December 19, 2007 - 6:00 PM

http://arcata.granicus.com/DocumentViewer.php?file=9ab0ca8fec6359cbc501d3bfaaea9944.pdf

(bottom of page 3 on to page 4)

VIII. OLD BUSINESS.

A. Consider Working Group for “Grow Houses” and Medical Marijuana Clinics.

At the October 17, 2007 meeting, the Council
directed the establishment of a Working Group to
make recommendations to the Planning Commission
and Council on land use standards necessary to
regulate the location, scale and operations of
personal medical marijuana grows as an accessory
use in residential zones and for medical
marijuana clinics in the General Commercial and
Central Business District Zone designations. The
intent of this discussion is for the Council to
consider a simpler process for the establishment
of standards for the regulation of personal
marijuana growing in residential zones based on
existing State law. Staff is also requesting the
Council provide staff with direction for the
creation of a Working Group and/or Task Force for
the regulation of Medical Marijuana Clinics.

RECOMMENDATION: 1) Direct staff to prepare draft
standards for personal Marijuana growing in
residential zones based on the State SB 420
guidelines and one Proposition 215 recommendation
per residence and process these standards as an
addition to the Draft Land Use Code through the
Public Hearing process at the Planning
Commission, and subsequently to the Council for
adoption; and 2) Refer to the goals setting and
budget process, consideration of establishing a
Medical Marijuana Working Group and/or Task Force
for regulating the Medical Marijuana Clinics in
operation and location.

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full text
http://www.dhs.ca.gov/mmp/legislative_history/Links/SB_420_Chaptered.htm

What SB420 says:

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1.
(b) It is the intent of the Legislature,
therefore, to do all of the following:
(1) Clarify the scope of the application of
the act and facilitate the prompt identification
of qualified patients and their designated
primary caregivers in order to avoid unnecessary
arrest and prosecution of these individuals and
provide needed guidance to law enforcement
officers.
(2) Promote uniform and consistent application
of the act among the counties within the state.
(3) Enhance the access of patients and
caregivers to medical marijuana through
collective, cooperative cultivation projects.
(The Legislature THEN CODIFES its INTENT with this:)
11362.775. Qualified patients, persons with
valid identification cards, and the designated
primary caregivers of qualified patients and
persons with identification cards, who associate
within the State of California in order
collectively or cooperatively to cultivate
marijuana for medical purposes, shall not solely
on the basis of that fact be subject to state
criminal sanctions under Section 11357,11358,
11359, 11360, 11366, 11366.5, or 11570.

===============

Even Arcata's own "LUG" (Land Use Guide) seems to
rule aginst this 'one per household'

Arcata Land Use and Development Guide
Section 3-0201 Home Occupation
http://www.cityofarcata.org/index.php?option=com_content&task=view&id=43&Itemid=78#home

SECTION 3-0201 PURPOSE
These regulations are intended to prescribe under
which limited business activities may be
conducted in residential districts when
incidental to residential uses.

SECTION 3-0202 DEFINITIONS
(a) A home occupation is defined as any use which
is customarily carried on within a dwelling by
the inhabitants thereof and which is clearly
incidental and secondary to the residential use
of the dwelling.

Hospitals, sanitariums, antique shops, eating
establishments, bakeries, barber shops, beauty
shops, construction yards or garages, teaching of
organized classes totaling more than six persons
at a time, and animal hospitals shall not be
deemed to be home occupations. (says nothing
about growing anything!)
(b) "Other home business" is the term used to
describe businesses operating within a dwelling
unit on the basis of an approved Conditional Use
Permit for the purpose. (one would need to
acquire one of these)

SECTION 3-0203 STANDARDS AND REOUIREMENTS FOR HOME OCCUPATIONS
(a) Area. A home occupation shall be confined
completely within the dwelling and shall not
occupy more than twenty-five percent (25%) of the
living area of the dwelling.
(b) Sales. No sales of merchandise other than
that produced on the premises or merchandise
directly related to or incidental to the
occupation shall be allowed.
(c) Employees. Employment shall be limited to the
members of the family occupying the dwelling,
with no other person employed.
(d) Signs. There shall be no outside display or
window display of materials or products; no
outside sign or window sign shall advertise or
otherwise identify the home occupation except for
one non-moving and non- illuminated sign with a
display surface of not more than two square feet,
and which is attached flat to a building, fence
or wall. Freestanding or projecting signs are not
allowed for home occupations.

--
Dale Gieringer, Director - California NORML,
2215-R Market St. #278, San Francisco CA 94114
-(415) 563- 5858 - http://www.canorml.org