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Home My WebLink About2015-06-23 Planning PACKET Note: Anyone wishing to speak at any Planning Commission meeting is encouraged to do so. If you wish to speak, please rise and, after you have been recognized by the Chair, give your name and complete address for the record. You will then be allowed to speak. Please note that the public testimony may be limited by the Chair and normally is not allowed after the Public Hearing is closed. ASHLAND PLANNING COMMISSION SPECIAL MEETING JUNE 23, 2015 AGENDA I. CALL TO ORDER: 7:00 PM, Civic Center Council Chambers, 1175 E. Main Street II. ANNOUNCEMENTS III. AD-HOC COMMITTEE UPDATES IV. PUBLIC FORUM V. TYPE II PUBLIC HEARING A. PLANNING ACTION: PA-2015-00928 SUBJECT PROPERTY: 380 Clay Street OWNER/APPLICANT: City of Ashland DESCRIPTION: A request for a Tree Removal Permit to remove a 72-inch diameter at breast height (d.b.h.) Fremont Cottonwood tree from the property located at 380 Clay Street. ( This tree ) was previously identified to be preserved and protected as part of Planning Action #2009-00043. COMPREHENSIVE PLAN DESIGNATION: Low Density Multi-Family Residential; ZONING: R-2; ASSESSOR’S MAP: 39 1E 11C; TAX LOT: 2500. VI. DISCUSSION ITEMS A. Discussion of Ordinance Amendments for Homegrown Recreational Marijuana. VII. ADJOURNMENT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Community Development office at 541-488-5305 (TTY phone is 1-800-735-2900). Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1). TYPE II PUBLIC HEARING _________________________________ PA-2015-00928 380 Clay Street DISCUSSION ITEM _________________________________ Recreational Marijuana Memo DATE: June 23, 2015 TO: Ashland Planning Commission FROM: Maria Harris, Planning Manager RE: Discussion of New State Rules on Recreational Marijuana SUMMARY The homegrown personal possession provisions of the Oregon Control, Regulation, and Taxation of Marijuana and Industrial Hemp Act (Measure 91) begin on July 1, 2015, and persons 21 years or age or older may grow up to four marijuana plants per household. In addition, the households may process, keep, and store limited amounts of homegrown marijuana and homemade marijuana products. Staff has been asked to develop ordinance language to address growing marijuana, specifically in residential neighborhoods. The cultivation of marijuana in the city limits appears to have increased over the past few years because of an increase in medical marijuana grows allowed under state law. As a result, the City began receiving nuisance-type complaints related to the odor produced by marijuana plants grown outdoors. In addition, complaints have involved impacts from lighting and noise from mechanical equipment (e.g., fans) related to growing plants in greenhouses and other accessory structures. The attached draft ordinance language is intended as a starting point for the discussion. Three primary issues are indentified for discussion including the number of plants that should be allowed in conjunction with a dwelling unit, whether the number of plants allowed for outdoor cultivation should be calculated base on a lot or dwelling units, and what type of setback and area allowances are StaffÔs comments are inserted in the draft ordinance and appropriate in residential settings. highlighted in red text. BACKGROUND The potential code amendments are concentrated in Section 2 on pages 11-15 in the attached draft ordinance language. Section 18.2.3.190 Medical Marijuana Dispensaries in the existing land use ordinance is amended to include draft standards for homegrown marijuana. Section A is new and addresses homegrown marijuana. Section B is a placeholder for Commercial Marijuana Production – this section could include requirements for the commercial cultivation of marijuana within the city limits. Finally, section C is the existing special use standards for medical marijuana dispensaries. The standards for cultivating homegrown marijuana outdoors are modeled after the requirements for keeping of animals in 18.2.3.160 and preliminary research on requirements in other jurisdictions. The Page2 of 3 attached draft ordinance language is limited to addressing homegrown marijuana plants and includes three primary components. Outdoor Cultivation . The draft language creates setbacks from plants grown outdoors to property lines and residences on adjoining properties, and limits the size of the area that can be used for growing marijuana plants and any associated outdoor activities. Plants cannot be visible from a street or area with general public access (this provision is included in state law) and must be screened from view with a fence or wall. Indoor Cultivation . The draft language requires individuals to obtain the appropriate building permits for the installation of any electric service and mechanical equipment (e.g., fans, heating and cooling systems). This typically would be to install lights and other mechanical equipment necessary to grow plants in an accessory structure such as a garage, greenhouse, or shed. In discussion with the Building Official, an ongoing problem reported throughout the state is the installation of electric serviced and other mechanical equipment to grow plants indoors without the sizing and safety provisions required by the building code. Nuisances. Themain complaint the City receives is the odor produced by marijuana plants grown outdoors in the back yards of residential properties. The odor produced by the plants is particularly strong in late summer. Neighbor complaints include not being able to enjoy their backyard and not being able to open their windows because of the strong odor produced by the marijuana grow on the adjacent property. In addition, complaints have involved impacts from lighting and noise from mechanical equipment related to growing plants in greenhouses and other accessory structures in side or rear yards of residential homes. These complaints primarily focus on the duration of lighting and noise from mechanical equipment because the systems operate 24 hours a day and every day of the week. The draft language on nuisances is preliminary and staff is working with the Legal Department on this portion of code. This section will likely be located in Ashland Municipal Code (AMC) 9.08 Nuisances. Other ordinance amendments included in the attached draft are adding Marijuana Cultivation, Homegrown (page 4) and Marijuana Production, Commercial (page 9) to the “Uses Allowed by Zone” table. A cross reference to the marijuana cultivation requirements is added in the accessory structures section for greenhouses (page 16). Finally, definitions of homegrown and commercial marijuana cultivation are included to distinguish between residential and state licensed growing operations. In November 2014, voters passed Measure 91 into law. The law provides for personal growing, possession, and use of limited amounts of non-medical marijuana, and directs the Oregon Liquor Control Commission (OLCC) to administer a licensing system for the production, processing, wholesale, and retail sale of non-medical marijuana (see attached FAQs Recreational Marijuana). The commercial components of Measure 91 begin in January 2016 when the Oregon Liquor Control Commission begins accepting license applications for commercially growing, processing, and operating wholesale or retail marijuana operations. The ability to buy marijuana at a retail outlet is not expected to start until the fall of 2016. The information in this memo and attached draft ordinance language is limited to addressing homegrown marijuana plants. The Commission may want to consider beginning initial discussions on DEPT. OF COMMUNITY DEVELOPMENT Tel: 541-488-5305 20 E. Main Street Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us Page3 of 3 whether to regulate the commercial activities. Staff will be prepared with further research on the commercial uses at a future meeting. ATTACHMENTS 1. Marijuana Cultivation, Draft Amendments to Land Use Ordinance 2. FAQs Recreational Marijuana, OLCC DEPT. OF COMMUNITY DEVELOPMENT Tel: 541-488-5305 20 E. Main Street Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us ORDINANCE NO.______ AN ORDINANCE AMENDING CHAPTERS 18.2.2, 18.2.3, 18.2.5 AND 18.6.1 OF THE ASHLAND LAND USE ORDINANCE RELATING TO HOMEGROWN MARIJUANA CULITVATION AND RELATED ACTIVITIES, AND COMMERCIAL MARIJUANA PRODUCTION, PROCESSING, WHOLESALE, AND RETAIL. Annotated to show deletions and additions to the code sections being modified. Deletions are bold lined throughbold underlined and additions are . WHEREAS , Oregon voters passed Measure 91, known as the Control, Regulation, and Taxation of Marijuana and Industrial Hemp Act, in November 2014 which allows households with one or more persons 21 years age and older to have up to four marijuana plants at a household and process, keep, and store limited amounts of homegrown marijuana and homemade marijuana products. In addition, Measure 91 requires the Oregon Liquor Control Commission to develop and implement a licensing process for commercial marijuana facilities including production, processing, wholesale, and retail;and WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City. The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon Cities. City of Beaverton v. International Ass’n of Firefighters, Local 1660, Beaverton Shop 20 Or. App. 293; 531 P 2d 730, 734 (1975); and WHEREAS , under Oregon law, local governments may regulate the operation and location of certain types of uses within their jurisdiction limits except when such action has been specifically preempted by state statute; and WHEREAS , Measure 91 allows cities and counties to adopt reasonable time, place, and manner regulations of the nuisance aspects of marijuana facilities and specifies that the authority granted to cities and counties by Measure 91 “is in addition to, and not in lieu of, the authority granted to a city or county under it charter and the statues and Constitution of the state;” and WHEREAS, the City Council determined it is necessary to establish rules and regulations ensuring that both safe access to marijuana and land use compatibility are maintained; and Ordinance No. ____ Page 1 of 18 WHEREAS, the City Council determined there has been an increase in marijuana cultivation, specifically in residential neighborhoods, because of an increase in medical marijuana grows allowed by state law; and WHEREAS, the City Council finds that the increase in marijuana cultivation resulted in an increase in code compliance complaints regarding odor related to outdoor marijuana cultivation as well as adverse impacts related to noise from mechanical equipment and continuous lighting related to indoor marijuana cultivation in accessory structures such as greenhouses; and WHEREAS, the City Council determined it is necessary to establish rules and regulations for marijuana cultivation and commercial marijuana facilities, while preserving the peace, safety and general welfare of residential neighborhoods and neighboring properties; and WHEREAS , the Planning Commission of the City of Ashland conducted a duly advertised public hearing on the amendments to the Ashland Municipal Code and Land Use Ordinances on _________; and WHEREAS , the City Council of the City of Ashland, following the close of the public hearing and record, deliberated and conducted first and second readings approving adoption of the Ordinance in accordance with Article 10 of the Ashland City Charter; and WHEREAS , the City Council of the City of Ashland has determined that in order to protect and benefit the health, safety and welfare of existing and future residents of the City, it is necessary to amend the Ashland Municipal Code and Land Use Ordinance in the manner proposed, that an adequate factual base exists for the amendments, the amendments are consistent with the comprehensive plan and that such amendments are fully supported by the record of this proceeding. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 18.2.2 \[Base Zones and Allowed Uses\] of the Ashland Land Use Ordinance is hereby amended as follows: 18.2.2.030 Allowed Uses A. Uses Allowed in Base Zones. Allowed uses include those that are permitted, permitted subject to special use standards, and allowed subject to approval of a conditional use permit. Where Table 18.2.2.030 does not list a specific use and chapter 18.6 does not define the use or include it as an example of an allowed use, the City may find that use is allowed, or is not allowed, following the procedures of section 18.1.5.040. Uses not listed in Table 18.2.2.030 and not found to be similar to an allowed use are prohibited. For uses allowed in special districts CM, HC, NM, and SOU, and for regulations applying to the City’s overlays zones, refer to part 18.3. B. Permitted Uses and Uses Permitted Subject to Special Use Standards. Uses listed as “Permitted (P)” are allowed. Uses listed as “Permitted Subject to Special Use Standards (S)” are allowed, provided they conform to chapter 18.2.3 Special Use Standards. All uses are Ordinance No. ____ Page 2 of 18 subject to the development standards of zone in which they are located, any applicable overlay zone(s), and the review procedures of part 18.5. See section 18.5.1.020. C. Conditional Uses. Uses listed as “Conditional Use Permit Required (CU)” are allowed subject to the requirements of chapter 18.5.4. D. Prohibited Uses. Uses not listed in Table 18.2.2.030 and not found to be similar to an allowed use following the procedures of section 18.1.5.040 are prohibited. Prohibited uses are subject to the violations, complaints, and penalties sections in 18-1.6.080, 18-1.6.090, and 18-1.6.100. E. Uses Regulated by Overlay Zones. Notwithstanding the provisions of chapter 18.2.2, additional land use standards or use restrictions apply within overlay zones. An overlay zone may also provide for exceptions to some standards of the underlying zone. For regulations applying to the City’s overlays zones, please refer to part 18.3. F. Accessory Uses. Uses identified as “Permitted (P)” are permitted as primary uses and as accessory uses. For information on other uses that are customarily allowed as accessory, please refer to the description of the land use categories in part 18.6 Definitions. G. Mixed-Use. Uses allowed in a zone individually are also allowed in combination with one another, in the same structure or on the same site, provided all applicable development standards and building code requirements are met. H. Temporary Uses. Temporary uses require a Conditional Use Permit under chapter 18.5.4; except as follows: 1. Short-Term Events. The Staff Advisor may approve through Ministerial review short-term temporary uses occurring once in a calendar year and lasting not more than 72 hours including set up and take down. Activities such as races, parades, and festivals that occur on public property (e.g., street right-of-way, parks, sidewalks, or other public grounds) require a Special Event Permit pursuant to AMC 13.03. 2. Garage Sales. Garage sales shall have a duration of not more than two days and shall not occur more than twice within any 365-day period. Such activity shall not be accompanied by any off-premises advertisement. For the purpose of this ordinance, garage sales meeting the requirements of this subsection shall not be considered a commercial activity. 3. Temporary Buildings. Temporary occupancy of a manufactured housing unit or similar structure may be permitted for a period not to exceed 90 calendar days upon the granting of a permit by the Building Official. Such occupancy may only be allowed in conjunction with construction on the site. Said permit shall not be renewable within a six- month period beginning at the first date of issuance, except with approval of the Staff Advisor. I. Disclaimer. Property owners are responsible for verifying whether a proposed use or development meets the applicable standards of this ordinance. Ordinance No. ____ Page 3 of 18 Table 18.2.2.030 – Uses Allowed by Zone R-1-C-1 & R-1 R-2 R-3 RR WR E-1 M-1 Special Use Standards 3.5 C-1-D 1 A. Agricultural Uses and Farm ,Keeping Agriculture Useexcept Animal sales, feed yards, keeping of of Bees, , and Micro-Livestock LivestockP P P P P P N N N swine, commercial compost, or similar and Marijuana Cultivation uses not allowed See Keeping of Livestock and Bees Keeping of Bees S S S S S S S N N standards in Sec. 18.2.3.160 Keeping of Livestock S N N N S S N N N Keeping of Micro-Livestock S S S S S S N N N Sec. 18.2.3.190 Marijuana Cultivation, Homegrown S S S S S S S S S See also Marijuana Production, Commercial B. Residential Uses See Single-Family standards in Sec. 18.2.5.090 Sec. 18.2.3.130 for C-1 zone and E-1 Single-Family Dwelling P P P P P P S S N zone Dwellings and additions in Historic District Overlay, see Sec. 18.2.3.120 and 18.2.5.070 Accessory Residential Unit S S S S S N N N N Sec. 18.2.3.040 Duplex Dwelling S P P P N N S S N Sec. 18.2.3.110 Duplex Dwelling Sec. 18.2.3.170 and not allowed in Manufactured Home on Individual Lot S S S S N N N N N Historic District Overlay CU+ Manufactured Housing Development N S N N N N N N Sec. 18.2.3.180 S Sec. 18.2.3.130 for C-1 zone and E-1 zone Multifamily Dwelling N P P P N N S S N Dwellings and additions in Historic District Overlay, see Sec. 18.2.3.120 1 KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. Ordinance No. ____ Page 4 of 18 Table 18.2.2.030 – Uses Allowed by Zone R-1-C-1 & R-1 R-2 R-3 RR WR E-1 M-1 Special Use Standards 3.5 C-1-D and 18.2.5.070 B. Residential Uses 2 (continued) Rental Dwelling Unit Conversion to For- N N S S N N N N N Sec. 18.2.3.200 Purchase Housing Home Occupation S S S S S S S S N Sec. 18.2.3.150 C. Group Living See chapter 18.3.3 Health Care Nursing Homes, Convalescent Homes CU CU CU CU CU CU N N N Services Residential Care Home P P P P P P N N N Subject to State licensing requirements Residential Care Facility CU P P P CU CU N N N Subject to State licensing requirements Room and Boarding Facility N P P P N N N N N D. Public and Institutional Uses Airport See chapter 18.3.7 Airport Overlay Cemetery, Mausoleum, Columbarium N N N N CU N N N N Family Child Care Home exempt from planning application procedure pursuant to ORS 329A.440, see part 18.6 for Child Care Facility CU CU CU CU CU CU P P P definition Subject to State licensing requirements Club Lodge, Fraternal Organization CU CU CU CU CU CU P CU CU Community Service, includes Governmental Offices and Emergency Services (e.g., CU CU N N CU CU P P P Police, Fire); excluding Outdoor Storage Electrical Substation N N N N N N CU CU P See chapter 18.3.3 Health Care Hospitals CU CU CU CU CU N N N N Services 2 KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. Ordinance No. ____ Page 5 of 18 Table 18.2.2.030 – Uses Allowed by Zone R-1-C-1 & R-1 R-2 R-3 RR WR E-1 M-1 Special Use Standards 3.5 C-1-D D. Public and Institutional Uses 3 (continued) Governmental Offices and Emergency Services (e.g., Police, Fire); excluding CU CU N N CU CU P P P Outdoor Storage Mortuary, Crematorium N N N N CU N P P P Public Park, Open Space, and Recreational Facility, including playgrounds, trails, nature P P P P P P N N N preserves, athletic fields, courts, swim pools, similar uses Public Parking Facility N N N N N N P N N Public Works/Utilities Storage Yard; includes N N N N N N N P P vehicle and equipment, maintenance, repair Not allowed within 200 ft of a Recycling Depot N N N N N N N P P residential zone Religious Institution, Houses of Worship CU CU CU CU CU CU CU CU CU School, Private (Kindergarten and up) CU CU CU CU CU CU N N N School, Public (Kindergarten and up) P P P P P CU N N N School, Private College/Trade/Technical N N N N N N N CU P School Utility and Service Building, Yard and Structure, Public and Quasi-Public, CU CU N N CU CU P P P Yards not allowed in the C-1 zone excluding underground utilities and electrical substations P/P/P/ Wireless Communication Facility CU CU CU CUCUCU Sec.18.4.10 CUCU CU E. Commercial Uses Amusement/Entertainment, includes theater, concert hall, bowling alley, miniature golf, N N N N N N P CU P arcade; excluding drive-up uses Automotive and Truck Repair, or Service; Sec. 18.2.3.050 S or S or includes fueling station, car wash, tire sales N N N N N N P CU CU In C-1 zone, fuel sales and service and repair/replacement, painting, and other 3 KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. Ordinance No. ____ Page 6 of 18 Table 18.2.2.030 – Uses Allowed by Zone R-1-C-1 & R-1 R-2 R-3 RR WR E-1 M-1 Special Use Standards 3.5 C-1-D repair for automobiles, motorcycles, aircraft, limited to Freeway Overlay, see chapter boats, RVs, trucks, etc. 18.3.8 In E-1 zone, fuel sales requires CU permit 4 E. Commercial Uses (continued) Automotive Sales and Rental, except within Except not allowed within Historic the Historic Interest Area; includes N N N N N N CU CU P District Overlay motorcycles, boats, RVs, and trucks Bakery, except as classified as Food N N N N N N P P P Processing Commercial Laundry, Cleaning, and Dyeing N N N N N N S S P Sec. 18.2.3.080 Establishment Commercial Recreation, includes country club, golf course, swimming club, and tennis CU CU N N CU CU N N N club; excluding intensive uses such as driving range, race track, or amusement park In R-2 zone, uses limited to personal and professional services, except see Sec. 18.2.3.210 for retail uses allowed in Railroad Historic District Commercial Retail Sales and Services, CU+ N N N N N P S S except Outdoor Sales and Services S In E-1 zone, Retail limited to 20,000 sq ft of gross leasable floor space per lot. In M-1 zone, uses limited to serving persons working in zone Per Sec. 18.2.3.100, Drive-Up uses are Drive-Up Use N N N N N N S N limited to area east of Ashland St at intersection of Ashland St/Siskiyou Blvd *In C-1 zone, requires annual Type I review for at least the first three years, after which time the Planning Hostel N N CU CU N N CU* N N Commission may approve a permanent facility through the Type II procedure 4 KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. Ordinance No. ____ Page 7 of 18 Table 18.2.2.030 – Uses Allowed by Zone R-1-C-1 & R-1 R-2 R-3 RR WR E-1 M-1 Special Use Standards 3.5 C-1-D 5 E. Commercial Uses (continued) Hotel (See also Hostel and Traveler’s N N N N N N CU CU P Accommodation) No animals kept outside within 200 Kennel (See also Veterinary Clinic) N N N N N N S S CU feet of a residential zone Limited Retail Uses in Railroad Historic Sec. 18.2.2.210for Retail Uses Allowed N CU CU CU N N N N N Districtin Railroad Historic District Lumber Yard and Similar Sales of Building or Contracting Supplies, or Heavy N N N N N N N CU P Equipment S or S or Medical Marijuana Dispensary N N N N N N S Sec. 18.2.3.190 CU CU Not allowed within the Historic Nightclub, Bar N N N N N N S CU P District Overlay unless located in C- 1-D Office (See also Commercial Services) N N CU CU N N P P P Outdoor Storage of Commodities or N N N N N N CU CU P Equipment associated with an allowed use Plant Nursery, Wholesale N N CU CU N N N N N Self-Service Storage, Commercial (Mini- N N N N N N N CU P Warehouse) Traveler’s Accommodation (See also CU+CU+ N N N N N N N Sec. 18.2.3.220 Hostels and Hotels) SS Veterinary Clinic N N N N N N P P P F. Industrial and Employment Uses In the E-1 zone, uses within 200 feet Cabinet, Carpentry, and Machine Shop, and S/ N N N N N N N Pof a residential zone require CU related Sales, Services, and Repairs CU permit Commercial Excavation and Removal of CU+ Sand, Gravel, Stone, Loam, Dirty or Other N N N N N N N N Sec. 18.2.3.070 S Earth Products 5 KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. Ordinance No. ____ Page 8 of 18 Table 18.2.2.030 – Uses Allowed by Zone R-1-C-1 & R-1 R-2 R-3 RR WR E-1 M-1 Special Use Standards 3.5 C-1-D F. Industrial and Employment Uses 6 (continued) Concrete or Asphalt Batch Plant N N N N N N N N CU Dwelling for a caretaker or watchman N N N N N N N CU CU In the C-1 zone, manufacture or assembly of items sold is a permitted Food Products use, provided such manufacturing or Manufacture/Processing/Preserving, assembly occupies 600 square feet N N N N N N S S P including canning, bottling, freezing, drying, or less, and is contiguous to the and similar processing and preserving. permitted retail outlet In the E-1 zone, See Sec. 18.2.3.140 Manufacture, General N N N N N N N P P Requires assembly, fabricating, or packaging of products from previously prepared materials such as cloth, plastic, paper, cotton, or wood Manufacture, Light; excluding saw, planning N N N N N N S P P or lumber mills, or molding plants. In the C-1 zone, manufacture or assembly of items sold in a permitted use, provided such manufacturing or assembly occupies 600 square feet or less, and is contiguous to the permitted retail outlet Sec. 18.2.3.190 Marijuana Production, Commercial N N N N N N ? ? ? See also Marijuana Cultivation, Homegrown Outdoor Storage of Commodities or N N N N N N CU CU P Equipment associated with an allowed use Television and Radio Broadcasting Studio N N N N N N N P P Distribution uses within 200 feet of an Wholesale Storage and DistributionN N N N N N N N P residential zone limited to 9PM-7AM 6 KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. Ordinance No. ____ Page 9 of 18 Table 18.2.2.030 – Uses Allowed by Zone R-1-C-1 & R-1 R-2 R-3 RR WR E-1 M-1 Special Use Standards 3.5 C-1-D F. Industrial and Employment Uses (continued) Wrecking, Demolition, and Junk Yards N N N N N N N N CU 7 G. Other Uses Temporary Tree Sales NNNNNNPNNAllowed from November 1 to January 1 Temporary Use CU, except uses lasting less than 72 hours are subject to Ministerial review, per Sec. 18.2.2.030.H 7 KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. Ordinance No. ____ Page 10 of 18 SECTION 2. Chapter 18.2.3 \[Special Use Standards\] of the Ashland Land Use Ordinance is hereby amended to read as follows: 18.2.3.190 Medical Marijuana Dispensary Marijuana-Related Uses A. Homegrown Marijuana Cultivation. Where homegrown marijuana cultivation is allowed, it shall meet all of the following requirements. See definition of homegrown marijuana cultivation in section 18.6.1.030. 1. Total Number. Up to four marijuana plants are allowed per lot. Issue 1 Number of Plants: State law for recreational marijuana allows up to four marijuana plants per household and for medical marijuana allows up to six mature plants per cardholder. Some other code options available for the local land use ordinance are to reduce the number of plants that are allowed (e.g., three, two, or one plants) or to prohibit outdoor cultivation entirely. Issue 2 Limit by Lot or Household: The draft language is more restrictive than state law because it ties the maximum number of marijuana plants to a lot while state law allows plants based on a household. If the lot language is used, lots with multiple dwellings on the same property (e.g., a single-family residence and an accessory residential unit, an apartment building with four units) would be limited to four plants and would not be allowed to have four plants per dwelling. For example, a lot containing a single-family residence and an accessory residential unit would be allowed up to four plants under the draft language because both dwellings are located on the same lot, whereas state law allows up to eight plants or four plants per household. One thing to note is that any setback or area requirements (see 3. Outdoor Cultivation below) will likely be more difficult to meet on smaller properties and/or properties with multiple dwellings on the same lot. The code compliance complaints received by the City thus far have been single-family dwelling situations with one dwelling unit on one lot. Household is defined in Measure 91 as Ñ means a housing unit, and includes any place in or around the housing unit at which the occupants of the housing unit are producing, processing, keeping, or storing homegrown marijuana or homemade marijuana products .Ò Housing unit is defined in Measure 91 as Ñmeans a house, an apartment, a mobile home, a group of rooms, or a single room that is occupied as a separate living quarters, in which the occupants live and eat separately form an y other persons in the building and which have direct access from the outside of the building or through a common hall.Ò 2. Marijuana plants grown outdoors or in an accessory structure must be located on the site of the primary residence of the person or household that cultivates and owns the plants. 3. Outdoor Cultivation. Ordinance No. ____ Page 11 of 18 a. Locate marijuana plants so the plants are not visible from a public street or any area that the general public can access (e.g., schools, playgrounds, parks, commonly-owned open space, pedestrian and bicycle paths and trails). Marijuana plants shall not be located in a front yard. Limiting the visibility of marijuana plants from any area with general public access is a requirement of Measure 91. b. Screen marijuana plants to limit view from adjacent residential properties with a solid wood fence or masonry wall. For fence and wall design requirements, see section 18.4.4.060. c. Locate marijuana plants at least ten feet from any property line. d. Locate marijuana plants at least 20 feet from dwellings on adjoining properties. Plants must also be located at least 20 feet from any multifamily dwelling within a multifamily development. e. A maximum of 100 square feet of yard area may be used for growing marijuana plants and any processing, keeping, or storage of homegrown marijuana that occurs outside of a dwelling or accessory structure. Issue 3 Setbacks and Area: As a starting point for discussion, staff used the setbacks that are required for enclosures for housing micro-livestock in a residential district in 18.2.5.040.E. In addition, staff included a square footage requirement for the maximum yard area allowed for outdoor cultivation, processing, keeping, or storage of homegrown marijuana. The purpose of a setback and yard area limitation for outdoor marijuana cultivation is to limit the location, size, and scale of and access to the grow area and therefore, reduce adverse impacts to neighboring properties. However, the suggested setback will not prevent odor from reaching neighboring properties based on staffÔs experience with past code compliance cases. Examples of required setbacks to marijuana plants in land use ordinances appear to primarily be in county situations. In general, the minimum lot sizes in counties are substantially larger than in cities. A sample of some of the setback requirements is included in the table below. Local Jurisdiction Lot SizeTotal Setback from Setback Cultivation Property Lines from Area Adjacent OR Allowed Residences # of Plants Central Point, OR Outdoor cultivation prohibited and marijuana cultivation, production, processing, or possession must be conducted in a fully enclosed area (adopted May 28, 2015) Jacksonville, OR Outdoor cultivation prohibited and marijuana cultivation, production, processing, or possession must be conducted in a Ordinance No. ____ Page 12 of 18 Local Jurisdiction Lot SizeTotal Setback from Setback Cultivation Property Lines from OR Area Adjacent Allowed Residences # of Plants fully enclosed area(ordinance going to City Council for vote at time of writing) Shasta County, CA less han 1 60 square 1530 t acre feet 1 to under 2 100 square 5075 acres feet 2 to under 5 150 square 10075 acres feet Siskiyou County, 3 or fewer NA20NA CA plants 4 to 6 plantsNA30NA 7 to 9 plantsNA40NA 10-12 plantsNA50NA More than NA150NA 12 plants 4. Indoor Cultivation. Any structure, accessory structure, electrical service, or mechanical equipment (e.g., fans, heating and cooling systems) associated with marijuana cultivation shall satisfy the Building Code requirements and obtain all required building permits prior to installation. See section 18.2.5.040 Accessory Buildings and Structures 5. Multi-family Development. Marijuana plants may be grown on lots containing multi-family dwellings in conformance with the requirements of section 18.2.3.190 and provided all of the following requirements are met. a. The property owner or designated property manager provides written notification to all residents of the multi-family complex and to the City that verifies the cultivation of marijuana plants will comply with the requirements of part 18.2 Zoning Regulations. The written notification shall include the following information. i. Property owner, property manager, or home owner association representative contact information including the name, address, and phone number(s). ii. Twenty-four-hour emergency contact information for an onsite resident designated as the primary responsible party for the marijuana plants and maintenance. Contact information shall include the name, address, and phone number of the responsible party. Ordinance No. ____ Page 13 of 18 iii. The City requirements for the cultivation of marijuana including the maximum number of plants per lot and the requirements of section 18.2.3.190. b. The area in which marijuana plants are grown shall be continuously maintained regardless of any change of building tenancy or property ownership. 6. Homemade Marijuana Extracts. No person may produce, process, keep, or store homemade marijuana extracts pursuant to section 57 of the Oregon Control, Regulation, and Taxation of Marijuana and Industrial Hemp Act. 7. Marijuana cultivation must meet the requirements of the Oregon Control, Regulation, and Taxation of Marijuana and Industrial Hemp Act and the Oregon Medical Marijuana Act (ORS 475.300 – ORS 475.346). 8. Nuisances. This section would likely be located in Ashland Municipal Code (AMC) 9.08 Nuisances. Staff is working with the Legal Department to coordinate this portion of any upcoming ordinance amendments. a. Homegrown marijuana cultivation shall not cause or create any odor, light, or noise which is so harsh, prolonged, or unusual in time or place as to cause unreasonable discomfort to any persons or their guests in any adjacent dwelling unit or property. b. Standard. The standard for judging odor, light, and noise nuisances resulting from growing marijuana shall be that of an average, reasonable person with ordinary sensibilities after taking into consideration the following factors. i. The character of the neighborhood in which the nuisance occurs. ii. The proximity of the odor, light, or noise to sleeping facilities. iii. The time of day or night the odor, light, or noise occurs. iv. The duration of the odor, light, or noise. v. Whether the odor, light, or noise is recurrent, intermittent, or constant. vi. The land use, nature, and zoning of the area from which the nuisance emanates and the where it is received or perceived. B. Commercial Marijuana Production. \[Placeholder\] C. Medical Marijuana Dispensary. A1. Boulevard Location .Medical marijuana dispensaries are permitted subject to all of the following design standards. 1a . The dispensary must be located on a property with a boundary line adjacent to a boulevard, except that dispensaries are not permitted in the Downtown Design Standards zone. 2b . The dispensary must be located in a permanent building and may not locate in a trailer, cargo container, or motor vehicle. Outdoor storage of merchandise, raw materials, or other material associated with the dispensary is prohibited. Ordinance No. ____ Page 14 of 18 3c . Any modifications to the subject site or exterior of a building housing the dispensary must be consistent with the Site Design Use Standards, and obtain Site Review approval if required by section 18.5.2.020. Security bars or grates on windows and doors are prohibited. c 4. The dispensary must not have a drive-up use. 5d . The dispensary must provide for secure disposal of marijuana remnants or by- products; such remnants or by-products shall not be placed within the dispensary’s exterior refuse containers. 6ethe state of . The dispensary is registered with the Oregon Health Authority under Oregon’s medical marijuana facility registration system under ORS 475.300 – ORS 475.346 the Oregon Medical Marijuana Act (ORS 475.300 – ORS 475.346) , and meets the requirements of OAR Chapter 333 Division 8 Medical Marijuana Facilities. B2. Other Locations . Medical marijuana dispensaries, except as allowed in section 18.2.3.190.A, are subject to a Conditional Use Permit under chapter 18.5.4 and shall meet all of the following requirements. 1a . The dispensary must be located 200 feet or more from a residential zone, except that dispensaries are not permitted in the Downtown Design Standards zone. 2b . The dispensary must be located in a permanent building and may not locate in a trailer, cargo container, or motor vehicle. Outdoor storage of merchandise, raw materials, or other material associated with the dispensary is prohibited. 3c . Any modifications to the subject site or exterior of a building housing the dispensary must be consistent with the Site Design Use Standards, and obtain Site Review approval if required by section 18.5.2.020. Security bars or grates on windows and doors are prohibited. 4d . The dispensary must not have a drive-up use. 5e . The dispensary must provide for secure disposal of marijuana remnants or by- products; such remnants or by-products shall not be placed within the dispensary’s exterior refuse containers. 6dthestate of . The dispensary is registered with the Oregon Health Authority under Oregon’s medical marijuana facility registration system under ORS 475.300 – ORS 475.346 the Oregon Medical Marijuana Act (ORS 475.300 – ORS 475.346) , and meets the requirements of OAR Chapter 333 Division 8 Medical Marijuana Facilities. SECTION 3. Chapter 18.2.5 \[Standards for Residential Zones\] of the Ashland Land Use Ordinance is hereby amended to read as follows: 18.2.5.040 Accessory Buildings and Structures Accessory buildings and structures shall comply with all requirements for the principal use, except where specifically modified by this ordinance, and shall comply with the following :. limitations Ordinance No. ____ Page 15 of 18 A. Setback Yard Exceptions. See subsection 18.2.5.060.B.2. B. Guesthouse. A guesthouse may be maintained accessory to a single-family dwelling provided there are no kitchen cooking facilities in the guesthouse. C. Greenhouse or Hothouse. A greenhouseor hothouse may be maintained accessory to a See section 18.2.3.190 for marijuana cultivation dwelling in a residential zone. requirements. D. Livestock Structures . Except as provided for micro-livestock in subsection 18.2.5.040.E, below, barns, stables, and other structures shall be located a minimum of 50 feet from any property line, and structures housing large livestock shall be more than 100 feet from dwellings on adjoining properties. E. Micro-Livestock Enclosure. An enclosure housing micro-livestock may be maintained in a residential district, pursuant to section 18.2.3.160. Enclosures shall be constructed as follows: 1. The structure shall not be located in a required front yard. 2. The structures shall be setback a minimum of ten feet from abutting properties as illustrated in Figure 18.2.5.040.E.2. 3. The structures shall be at least 20 feet from dwellings on adjoining properties. Within a multifamily complex, structures must also be located at least 20 feet from any dwelling within the complex. 4. The structures shall not exceed six feet in height. 5. Chicken coops and rabbit hutches shall not exceed 40 square feet in area, or four square feet per animal, whichever is greater. 6. Chicken and rabbit runs, as enclosed outdoor structures, shall not exceed 100 square feet in area, or ten square feet per animal, whichever is greater. Figure 18.2.5.040.E.2 Micro-Livestock Enclosure/Minimum Setback to Property Line F. Rain Barrels. Rain barrels may be located within required side or rear yards provided such installation and operation is consistent with other provisions of this ordinance or the Ashland Municipal Code, and meet the all of the following requirements: Ordinance No. ____ Page 16 of 18 1. Rain barrels shall not exceed six feet in height. 2. Rain barrels shall be located so that a minimum clear width of three feet is provided and maintained between the barrel and property line. 3. Rain barrels shall be secured and installed on a sturdy and level foundation, or platform, designed to support the rain barrel's full weight. 4. Every attempt shall be made to place rain barrels so that they are screened from view of adjacent properties and public streets. SECTION 4 Chapter 18.6.1.030 \[Definitions\] of the Ashland Land Use Ordinance is hereby amended to read as follows: Commercial Marijuana Cultivation. An activity related to the planting, cultivation, growing, or harvesting of marijuana for commercial purposes and licensed as a marijuana producer under the Oregon Control, Regulation, and Taxation of Marijuana and Industrial Hemp Act or permitted as a medical marijuana grower under the Oregon Medical Marijuana Act (ORS 475.300 – ORS 475.346). Homegrown Marijuana. Recreational or medical marijuana plants planted, cultivated, grown, and harvested by a household on any lot occupied solely by one on more dwelling units as permitted by the Oregon Control, Regulation, and Taxation of Marijuana and Industrial Hemp Act or the Oregon Medical Marijuana Act (ORS 475.300 – ORS 475.346) Homegrown Marijuana Cultivation. The cultivation of homegrown marijuana and related activities such as processing, keeping, or storage of homegrown marijuana. The definitions above are based on the definitions and language in Measure 91. SECTION 5. Savings . Notwithstanding this amendment/repeal, the City ordinances in existence at the time any criminal or civil enforcement actions were commenced, shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinances(s) or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 6. Severability . The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION7. Codification . Provisions of this Ordinance shall be incorporated in the City Code and the word “ordinance” may be changed to “code”, “article”, “section”, “chapter” or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however Ordinance No. ____ Page 17 of 18 that any Whereas clauses and boilerplate provisions (i.e. Sections 6-7) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the _____day of ______________, 2015, and duly PASSED and ADOPTED this _____ day of ________________, 2015. _______________________________ Barbara M. Christensen, City Recorder SIGNED and APPROVED this day of, 2015. ________________________ John Stromberg, Mayor Reviewed as to form: _______________________________ David H. Lohman, City Attorney Ordinance No. ____ Page 18 of 18 vʹŷğƷźƭƷŷĻƦǒƩƦƚƭĻƚŅƌĻŭğƌźǩźƓŭƩĻĭƩĻğƷźƚƓğƌƒğƩźƆǒğƓğͪ A:AsstatedinMeasure91,thepurposeoftheActisto: Eliminatetheproblemscausedbytheprohibitionanduncontrolledmanufacture,delivery,and possessionofmarijuanawithinthisstate; Protectthesafety,welfare,health,andpeaceof thepeopleofthisstatebyprioritizingthe ƭƷğƷĻ͸ƭlimitedlawenforcementresourcesinthemosteffective,consistent,andrationalway; Permitpersonslicensed,controlled,regulated,andtaxedbythisstatetolegallymanufacture thisAct; andsellmarijuanatopersons21yearsofageandolder,subjecttotheprovisionsof EnsurethattheStateDepartmentofAgricultureissuesindustrialhemplicensesandagricultural hempseedproductionpermitsinaccordancewithexistingstatelaw; Establishacomprehensiveregulatoryframeworkconcerningmarijuanaunderexistingstatelaw. vʹŷğƷķƚĻƭaĻğƭǒƩĻВЊķƚͪ A:Measure91allowsOregonianstogrowlimitedamountsofmarijuanaontheirpropertyandto possesslimitedamountsofrecreationalmarijuanaforpersonalusebeginningJuly1,2015underOregon law.ThemeasurealsogivesOLCCauthoritytotax,licenseandregulaterecreationalmarijuanagrown, sold,orprocessedforcommercialpurposes.TheOLCCdoesnotregulatethehomegrow/personal possessionprovisionsofthelaw.TheOLCCwillbeginacceptingapplicationsforgrowers,wholesalers, processorsandretailoutletsonJanuary4,2016 v͵ŷĻƓǞźƌƌaĻğƭǒƩĻВЊŭƚźƓƷƚĻŅŅĻĭƷͪ A.Thehomegrow/personalpossessionprovisionsofthemeasurestartonJuly1,2015. However,theOLCCǞƚƓ͸Ʒbeginacceptinglicenseapplicationsfromthosewhowanttocommercially grow,process,wholesaleoroperateretailmarijuanaoutletsuntilJanuary4,2016.Theabilitytobuy marijuanaataretailoutletisnotexpectedtostartuntilthefallof2016. v͵ŷƚǞźƌƌźƒƦƌĻƒĻƓƷƷŷĻźƓźƷźğƷźǝĻͪ A.TheinitiativedesignatestheOregonLiquorControlCommissionasthestateagencythatwillregulate thecommercialgrowingandsellingofrecreationalmarijuana.ItalsogivestheOLCCauthoritytotax, licenseandregulatecommercialrecreationalmarijuanaoperations.TheOLCChasnoauthorityto regulateorenforcethehomegrow/personalpossessionprovisionsofthelaw. vʹIƚǞĭğƓLŭĻƷğƆƚĬǞźƷŷh\[//źƓƷŷĻƓĻǞƒğƩźƆǒğƓğƦƩƚŭƩğƒͪ A:OLCCpostsjobopportunitiesonthewww.Oregonjobs.orgwebsite.Interestedapplicantscanfillout aJobInterestCardtoreceiveemailalertsaboutjobopeningsatOLCC.Youcanalsosignupforemail alertsaboutOLCCjobopportunitiesthroughourwebsite. FAQs:RecreationalMarijuana(05/2015) vʹ/ğƓaĻğƭǒƩĻВЊĬĻĭŷğƓŭĻķͪ A:Yes.Sincethemeasureisastatutoryoneinsteadofconstitutional,anyofitsprovisionscanbe changedbytheOregonLegislature,whichiscurrentlyinsessionandwillbeuntilJuly11,2015.The measurecannotbechangedbytheh\[//͸ƭrulemakingprocess. vʹŷĻƩĻĭğƓLŭĻƷƒƚƩĻźƓŅƚƩƒğƷźƚƓͪ A:Asupdatesoccurandinformationisavailable,wewillsharethatinformationwithyouonthis website.Tokeepuptodate,clickhere vʹŷğƷźŅLŷğǝĻğķķźƷźƚƓğƌƨǒĻƭƷźƚƓƭͪ A:Pleasesendadditionalquestionstomarijuana@oregon.gov aĻķźĭğƌağƩźƆǒğƓğ v͵ŷğƷźƒƦğĭƷķƚĻƭaĻğƭǒƩĻВЊŷğǝĻƚƓƷŷĻĭǒƩƩĻƓƷaĻķźĭğƌağƩźƆǒğƓğtƩƚŭƩğƒͪ A.None.Measure91statesthattheͻ!ĭƷmaynotbeconstruedͶtoamendoraffectinanywaythe OregonMedicalMarijuana!ĭƷ͵ͼ v͵{ŷƚǒƌķLŭĻƷğƓĻǞhaatĭğƩķƚƩƩĻƓĻǞƒǤĻǣźƭƷźƓŭ/ğƩķͪ A.Onlyyouasanindividualcananswerthatquestion.TheOLCCcannotadviseyouonthismatter. vʹŷğƷźƭƷŷĻķźŅŅĻƩĻƓĭĻĬĻƷǞĻĻƓƩĻĭƩĻğƷźƚƓğƌƒğƩźƆǒğƓğğƓķƒĻķźĭğƌƒğƩźƆǒğƓğͪ A:Medicalmarijuanaisforpatientswithqualifyingmedicalconditions.Recreationalmarijuana,whether grownataresidenceorobtainedfromalicensedretailoutlet,isforpersonaluseforadults21yearsof ageorolder.Formoreinformationonmedicalmarijuanaseewww.mmj.oregon.gov tĻƩƭƚƓğƌ ƭĻ vʹŷĻƓĭğƓLƭƒƚƉĻΉǒƭĻƩĻĭƩĻğƷźƚƓğƌƒğƩźƆǒğƓğͪ A:StartingJuly1,2015,Measure91allowsOregonianstogrowuptofourplantsontheirproperty, possessuptoeightouncesofusablemarijuanaintheirhomesanduptooneounceontheirperson. Recreationalmarijuanacannotbesoldorsmokedinpublic.Untilthen,currentmarijuanalawsinOregon remaininplace.Measure91requiresOLCCtobeginacceptinglicenseapplicationsbyJanuary4,2016 forcommercialgrowers,processors,wholesalersandretailers. vʹŷĻƩĻğƓķǞŷĻƓĭğƓLĬǒǤƒğƩźƆǒğƓğͪ A:MarijuanawillbeavailableforpurchasethroughretailstoreslicensedbytheOLCCsometimeinthe thirdquarterof2016. vʹŷĻƩĻğƓķǞŷĻƓĭğƓLĬǒǤĻķźĬƌĻƭğƓķĻǣƷƩğĭƷƭͪ A:TheOLCChasmadethedecisiontotakeextratimetomakesurethatitgetstheavailabilityofedibles andextractsright.TheywilleventuallybeavailableatretailoutletslicensedbytheOLCC,butprobably notatthesametimethatthestoresareexpectedtoopeninthethirdquarterof2016. FAQs:RecreationalMarijuana(05/2015) vʹIƚǞƒǒĭŷƒğƩźƆǒğƓğĭğƓLŷğǝĻͪ A:BeginningJuly1,2015,recreationalmarijuanauserscanpossessuptoeightouncesofuseable marijuanaandfourplantsperresidenceinOregon.Anindividualcancarryuptooneounceinpublic, butusingmarijuanainpublicisprohibited. vʹŷğƷźƭƒĻğƓƷĬǤͻǒƭĻğĬƌĻͼƒğƩźƆǒğƓğͪ A:Useablemarijuanareferstodriedmarijuanaflowersorleaves.Inotherwords,marijuanathatisready tosmoke. vʹ/ğƓLŭƩƚǞƒğƩźƆǒğƓğğƷŷƚƒĻğƓķǞŷĻƓͪ A:Yes,withlimits.TheactallowshomegrowofuptofourplantsperresidencebeginningJuly1,2015, regardlessofhowmanypeopleliveintheresidence.Fouradultsinoneresidencedoesnotmean16 plants.Thelimitisfourperresidence. vʹŷĻƩĻĭğƓLƚĬƷğźƓƒğƩźƆǒğƓğƭĻĻķƭƚƩƭƷğƩƷƭğŅƷĻƩWǒƌǤЊͲЋЉЊЎͪ A:TheOLCCcanprovidenoguidanceonthatissue. v͵/ğƓğƌğƓķƌƚƩķƷĻƌƌƷĻƓğƓƷƭƓƚƷƷƚŭƩƚǞƩĻĭƩĻğƷźƚƓğƌƒğƩźƆǒğƓğƚƩƭƒƚƉĻźƷƩĻƓƷğƌǒƓźƷƭͪ A.Measure91doesnotaffectexistinglandlord/tenantlaws. vʹŷğƷźŅğƓĻƒƦƌƚǤĻƩƩĻƨǒźƩĻƭķƩǒŭƷĻƭƷźƓŭͪ A:Measure91doesnotaffectexistingemploymentlaw.Employerswhorequiredrugtestingcan continuetodoso. vʹ/ğƓLƭƒƚƉĻƒğƩźƆǒğƓğźƓğĬğƩΉƩĻƭƷğǒƩğƓƷͪ A:No.Marijuanacannotbesmokedorusedinapublicplace. vʹŷğƷźƭƷŷĻķĻŅźƓźƷźƚƓƚŅğƦǒĬƌźĭƦƌğĭĻͪ A:Measure91definesapublicplaceasͻğplacetowhichthegeneralpublichasaccessandincludes,but isnotlimitedto,hallways,lobbies,andotherpartsofapartmenthousesandhotelsnotconstituting roomsorapartmentsdesignedforactualresidence,andhighways,streets,schools,placesof amusement,parks,playgroundsandpremisesusedinconnectionwithpublicpassengerƷƩğƓƭƦƚƩƷğƷźƚƓ͵ͼ vʹŷƚĭğƓƭƒƚƉĻƩĻĭƩĻğƷźƚƓğƌƒğƩźƆǒğƓğͪŷğƷźƭƷŷĻƒźƓźƒǒƒğŭĻͪ A:AsofJuly1,2015,anyone21yearsofageandoldandconsumerecreationalmarijuanainOregon. Marijuanauseorpossessionofrecreationalmarijuanabyanyoneunder21yearsofageisillegal.That includeshomeconsumption. vʹŷƚǞźƌƌĻƓŅƚƩĭĻƩĻĭƩĻğƷźƚƓğƌƒğƩźƆǒğƓğƌğǞƭͪ A:Enforcementofthehomegrow/personalpossessionprovisionsofMeasure91willbeatthe discretionoflocaljurisdictions,thestatepoliceandpossiblyotherlawenforcementagencies.TheOLCC isresponsibleforenforcementactionsagainstbusinessesthattheOLCClicensestogrow,process, wholesaleandsellrecreationalmarijuanaandrelatedproducts. vʹIƚǞƒǒĭŷǞźƌƌƩĻĭƩĻğƷźƚƓğƌƒğƩźƆǒğƓğĭƚƭƷͪ A:Theretailpriceofrecreationalmarijuanawillbedeterminedthroughacompetitivemarketplace. FAQs:RecreationalMarijuana(05/2015) vʹ/ğƓhƩĻŭƚƓƩĻĭƩĻğƷźƚƓğƌƒğƩźƆǒğƓğĬĻƷğƉĻƓƷƚƷŷĻƭƷğƷĻƚŅğƭŷźƓŭƷƚƓǞŷĻƩĻźƷźƭğƌƭƚƌĻŭğƌͪ A:No.Takingmarijuanaacrossstatelinesisafederaloffense. vʹIƚǞǞźƌƌĭŷźƌķƩĻƓĬĻƦƩƚƷĻĭƷĻķŅƩƚƒƩĻĭƩĻğƷźƚƓğƌƒğƩźƆǒğƓğğƓķƒğƩźƆǒğƓğƦƩƚķǒĭƷƭͪ A:Measure91prohibitsthesaleofrecreationalmarijuanatoanyoneundertheageof21.Theactalso givesOLCCauthoritytoregulateorprohibitadvertising.Inwritingtherulesnecessarytoimplementthe newlaw,theOLCCmayalsoregulatepackagesandlabelstoensurepublicsafetyandpreventappealto minors. vʹ/ğƓLŭĻƷğ5 LLǞŷźƌĻǒƓķĻƩƷŷĻźƓŅƌǒĻƓĭĻƚŅƒğƩźƆǒğƓğͪ A:Yes.CurrentlawsforDUIIhavenotchanged.Drivingundertheinfluenceofintoxicants(DUII)refers tooperatingamotorvehiclewhileintoxicatedordrugged,includingimpairmentfromtheuseof marijuana.Inaddition,Measure91requiresOLCCtoexamine,researchandpresentareporttothe Legislatureondrivingundertheinfluenceofmarijuana.TheOLCCwilldothisinconjunctionwiththe DepartmentofJusticeCriminalInvestigationDivisionandOregonStatePolice. vʹ/ğƓLƌƚƭĻƒǤƆƚĬŅƚƩǒƭźƓŭƒğƩźƆǒğƓğͪ A:Passageofmeasure91doesnotchangeexistingemploymentlawinOregon. vʹŷĻƩĻǞźƌƌƒğƩźƆǒğƓğƭƷƚƩĻƭĬĻƌƚĭğƷĻķͪ A:Measure91doesnotaddresssitingrequirements.Locationofcommercialrecreationalmarijuana businesseswillbedeterminedbylegislativeaction,localactionorthroughtheOLCCrulemaking process.Tokeepuptodate,clickhere vʹŷƚĭƚƌƌĻĭƷƭƷŷĻƷğǣƚƓƩĻĭƩĻğƷźƚƓğƌƒğƩźƆǒğƓğͪ A:UndertheprovisionsofMeasure91,theOLCCisrequiredtocollectthetaxonrecreationalmarijuana atthegrowerlevel. vʹIƚǞźƭğƭŷźƓŭƷƚƓƭƷğƷĻ͸ƭƩĻĭƩĻğƷźƚƓğƌƒğƩźƆǒğƓğƌğǞķźŅŅĻƩĻƓƷƷŷğƓhƩĻŭƚƓ͸ƭͪ A:SeeOregon/Washington/ColoradoComparison \[źĭĻƓƭźƓŭ vʹŷğƷƌźĭĻƓƭĻƭǞźƌƌĬĻğǝğźƌğĬƌĻͪ A:Themeasurelistsfourtypesofrecreationalmarijuanalicenses:Producer,Processor,Wholesaler,and Retail.Aproducerisalsoknownasthegrower.Aprocessorisabusinessthatwilltransformtheraw marijuanaintoanotherproductorextract.Processorsarealsoresponsibleforpackagingandlabelingof recreationalmarijuana.Awholesalerisabusinessthatbuysinbulkandsellstoresellersratherthanto consumers.Aretailerisabusinessthatsellsdirectlytoconsumers. vʹŷĻƓǞźƌƌƷŷĻh\[//ĬĻŭźƓğĭĭĻƦƷźƓŭƌźĭĻƓƭĻğƦƦƌźĭğƷźƚƓƭͪ A:ThemeasurerequiresOLCCtobeginacceptinglicenseapplicationsforrecreationalmarijuanaby January4,2016. v͵IƚǞǞźƌƌh\[//ķĻĭźķĻƷƚŭƩğƓƷƚƩķĻƓǤƌźĭĻƓƭĻğƦƦƌźĭğƷźƚƓƭͪ A.Undeterminedatthispoint.TheOLCCisintheprocessofwritingtherulesnecessarytoimplement Measure91.Theagencyhasappointedanadvisorycommitteethatwillwritetherulesandsendits recommendationstotheCommissionsometimethisfallforapproval. FAQs:RecreationalMarijuana(05/2015) v͵LŅLǞğƓƷƷƚğƦƦƌǤŅƚƩğƩĻĭƩĻğƷźƚƓğƌƒğƩźƆǒğƓğƌźĭĻƓƭĻͲǞŷğƷƭŷƚǒƌķLķƚƓƚǞͪ A.Bepatient.TheOLCCǞƚƓ͸ƷbeacceptingapplicationsuntilJanuary4,2016.Inthemeantime,tokeep uptodateonprocess,clickhere vʹIƚǞƒǒĭŷğƩĻƷŷĻƌźĭĻƓƭźƓŭŅĻĻƭͪ A:Measure91establishesanannuallicensefeeof$1,000plusanonrefundableapplicationfeeof$250 perlicenseapplication. vʹIƚǞƒğƓǤƌźĭĻƓƭĻƭĭğƓLŷğǝĻͪ A:Alicenseemayholdmultiplelicensesandmultiplelicensetypes. vʹ/ğƓğƓƚǒƷƚŅƭƷğƷĻƩĻƭźķĻƓƷŷƚƌķğƓhƩĻŭƚƓƩĻĭƩĻğƷźƚƓğƌƒğƩźƆǒğƓğƌźĭĻƓƭĻͪ A:Measure91doesnotspecificallyaddressthisquestion.However,theissueofresidencymaybe addressedbyeithertheOregonLegislatureorbytheOLCCthroughtherulemakingprocess. vʹŷƚǞźƌƌĬĻĻƌźŭźĬƌĻŅƚƩğƒğƩźƆǒğƓğƌźĭĻƓƭĻͪ A:Anyoneover21yearsofageandolderwillbeeligibleforarecreationalmarijuanalicenseiftheymeet certainconditionsoutlinedinsection29ofMeasure91.Underthoseconditions,theOLCCmayrefusea licenseifitbelievestheapplicant: Isinthehabitofusingalcoholicbeverages,habitformingdrugs,marijuana,orcontrolled substancestoexcess. Hasmadefalsestatementstothecommission. Isincompetentorphysicallyunabletocarryonthemanagementoftheestablishmentproposed tobelicensed. Hasbeenconvictedofviolatingageneralorlocallawofthisstateoranotherstate,orof violatingafederallaw,iftheconvictionissubstantiallyrelatedtothefitnessandabilityofthe applicanttolawfullycarryoutactivitiesunderthelicense. Hasmaintainedaninsanitaryestablishment. Isnotofgoodreputeandmoralcharacter. Didnothaveagoodrecordofcompliancewithsections3to70ofthisActoranyruleofthe commissionadoptedpursuantthereto. Isnotthelegitimateownerofthebusinessproposedtobelicensed,orotherpersonshave ownershipinterestsinthebusinesswhichhavenotbeendisclosed. Isnotpossessedoforhasnotdemonstratedfinancialresponsibilitysufficienttoadequately meettherequirementsofthebusinessproposedtobelicensed. IsunabletounderstandthelawsofOregonrelatingtomarijuanaortherulesofthecommission. vʹŷğƷźŅƒǤĭźƷǤΉĭƚǒƓƷǤǞğƓƷƭƷƚŭƚͻķƩǤͪͼ A:Measure91statesthatlocalgovernmentsmaynotprohibitlicensesintheirjurisdictionexceptwitha voteatageneralelection.Measure91allowslocalgovernmentstoadoptreasonabletime,placeand mannerrestrictionstoregulatepublicnuisance. vʹŷğƷƉźƓķƭƚŅƷĻƭƷźƓŭǞźƌƌh\[//ƩĻƨǒźƩĻͪ A:Undeterminedatthispoint.UnderMeasure91,theOLCChastheauthoritytosettesting requirements,butthisisapolicyquestionthatwillbedeterminedduringtherulemakingprocess, includinglegislativeandpublicinput. FAQs:RecreationalMarijuana(05/2015) wĻƷğźƌ{ƷƚƩĻƭ vʹŷĻƓǞźƌƌƒğƩźƆǒğƓğƭƷƚƩĻƭĬĻƚƦĻƓͪ A:Undeterminedatthispoint,butthemostlikelytimeisduringthethirdquarterof2016. vʹźƌƌƷŷĻh\[//ķźƭƷƩźĬǒƷĻƒğƩźƆǒğƓğƚǒƷƚŅğĭĻƓƷƩğƌǞğƩĻŷƚǒƭĻͪ A:No.Measure91clearlystatesthattheOLCCͻŷğƭnoauthoritytopurchase,own,sellorpossessany marijuanaźƷĻƒƭ͵ͼTheh\[//͸ƭprimaryresponsibilityistocollecttaxesandtolicenseandregulate producers,processors,wholesalers,andretailers. vʹźƌƌƷŷĻƩĻĬĻğƨǒƚƷğŅƚƩŷƚǞƒğƓǤƩĻƷğźƌƚǒƷƌĻƷƭǞźƌƌĬĻğƌƌƚǞĻķͪ A:Themeasuredoesnotspecificallyaddressthenumberofretailoutletsallowed.Specificsforlicensing retailoutletswillbepartoftherulemakingprocessthatiscurrentlyunderway. vʹŷğƷǞźƌƌh\[//ĬĻķƚźƓŭƷƚŭĻƷƩĻğķǤŅƚƩƒğƩźƆǒğƓğƩĻƌğƷĻķĬǒƭźƓĻƭƭĻƭͪ A:TheOLCChasheldlisteningsessionsthroughoutthestatetogainabetterunderstandingofwhat OregoniansexpectintheimplementationofMeasure91.Inadditiontogettinglegislativeapprovalof themarijuanabudgetfor201517andpreparingtohirestafffortheprogram,theOLCChasalso selectedavendortobuildtheonlineapplicationprocessandfindingasecondvendorforthetraceability (seedtosale)systemtotrackrecreationalmarijuana.TheOLCChasappointedanadvisorycommitteeto helpwritetherulesnecessarytoimplementMeasure91andseveralsubgroupstoaddressspecific issues.ThegoalishavetherulesadoptedbyOctoberorNovemberofthisyear,afterwhichtheagency willholdseminarsaroundthestatetofamiliarizepeoplewiththeapplicationprocessinadvanceof acceptingapplicationsonJanuary4,2016. ğǣĻƭ vʹIƚǞƒǒĭŷğƩĻƷŷĻƷğǣĻƭͪ A:Measure91providesforanexcisetaxthatispaidbytheproducer(grower)of$35perouncefor flowers,$10perounceforleaves,$5perimmatureplant. vʹIƚǞƒǒĭŷƒƚƓĻǤǞźƌƌƒğƩźƆǒğƓğĬƩźƓŭźƓƷğǣĻƭͪ A:Inits201517requestedbudgetforthemarijuanaprogram,theOLCCestimatedrevenueforthetwo yearperiodto$18.4million.Thatrevenuewouldcomefromapplicationandlicensingfeesandthesale ofrecreationalmarijuana. vʹŷĻƩĻǞźƌƌƷŷĻƷğǣƒƚƓĻǤŭƚͪ A:Measure91providesdistributionofrevenueaftercoststothefollowing: 40percenttoCommonSchoolFund 20percenttoMentalHealthAlcoholismandDrugServices 15percenttoStatePolice 10percenttoCitiesforenforcementofthemeasure 10percenttoCountiesforenforcementofthemeasure 5percenttoOregonHealthAuthorityforalcoholanddrugabuseprevention FAQs:RecreationalMarijuana(05/2015)