PC Resolution-10-01-12-01PC RESOLUTION NO. 10-01-12-01
APPEAL OF DENIAL OF BUSINESS LICENSE APPLICATION
SOUTH COUNTY ALTERNATIVE COLLECTIVE
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN JUAN CAPISTRANO DENYING THE APPEAL REQUEST TO
OVERTURN STAFF'S DENIAL OF A BUSINESS LICENSE FOR A
MEDICAL MARIJUANA COLLECTIVE, LOCATED AT 33207 PASEO
CERVEZA, SUITE D (APN 668-121-03).
WHEREAS, Patricia Schniebs of South County Collective Alternative, has
appealed staff's denial of a business license for a medical marijuana collective; and,
WHEREAS, the }proposed project site is General Plan designated as Quasi -
Industrial and classified as Commercial Manufacturing (CM) on the Official Zoning Map;
and,
WHEREAS, Pamela C. Ziebarth Trust is the owner of real property located at
33207 Paseo Cerveza (APN 668-121-03); and,
WHEREAS, the proposed business license has been reviewed pursuant to
Section 9-2.311 Appeals, of the Land Use Code; and,
WHEREAS, the Planning Commission conducted an appeal hearing at a
regular meeting on January 12, 2010 pursuant to Section 9-2.311 of the Municipal Code to
consider public testimony on the proposed project; and,
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of
the City of San Juan Capistrano does hereby make the following findings:
1. The proposed business license application is not consistent with City Council
Interim Urgency Ordinance No. 927 because it prohibits marijuana dispensaries;
and,
2. Medical Marijuana collectives and dispensaries are not permitted pursuant to
Municipal Code Section 9-3.305; and,
3. Medical Marijuana establishments are not permitted by Federal Law and the City
cannot authorize a license for any business that is inconsistent with Federal Law.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby deny the appeal request and
upholds staff's denial of the business license application.
PC Resolution 10-01-12-01 2 January 12. 2010
EFFECTIVE DATE & FINAL APPROVAL: This denial shall be shall be
effective immediately.
PASSED, APPROVED AND ADOPTED this 12th day of January, 2010, by
the following vote, to wit:
AYES: Chair Cohen, Vice -chair Ratcliffe, Commissioners Williams, Kerr,
Neely, and Tatarian
NOES:
ABSTAIN:
ABSENT: Commissioner Mocalis
Sheldon Cohen, Chair
Grant Taylor,v creta