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Posted on: April 17, 2017

Public Hearing to consider Zoning Ordinance Text Amendments

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The Tiburon Town Council will hold on a public hearing on Wednesday, May 3, 2017 at 7:30 P.M. to consider Town-initiated amendments to the Tiburon Municipal Code, specifically to Title IV, Chapter 16 (Zoning), regarding regulation of marijuana.  The public hearing will be held at the Town Council Chambers, 1505 Tiburon Boulevard, Tiburon. 

Proposed text amendments include:

  • Deletion of current provisions regulating marijuana dispensaries as set forth in Sections 16-100.020 (M) and 16-20.030 (A)(4).
  • Adoption of new definitions for use in regulating marijuana and marijuana-related activities, including definitions for "commercial cannabis activity", " cultivation", "marijuana", "medical marijuana", medical marijuana facility", "non-medical marijuana facility", and "establish" or "operate" a marijuana facility of any kind.
  • Adoption of new Section 16-40.090 (Marijuana facilities, cultivation and delivery) that would do the following:
    • Prohibit medical marijuana facilities in all zones
    • Prohibit non-medical marijuana facilities in all zones
    • Restrict the cultivation of marijuana for personal use to no more than six (6) plants inside a private residence or inside a fully enclosed and secured accessory structure to that residence, subject to certain standards including property owner permission, building code compliance, no use of gas products (propane, butane, etc. ), for purposes of marijuana cultivation, and that cultivation would not be detectable by sight or smell from adjacent properties.  No permit would be required.
    • Restrict delivery of marijuana such that medical marijuana and medical marijuana products only may be delivered in Tiburon only to qualified patients, or to persons with an identification card, by the primary car giver of the patient or person or by a licensed medical marijuana dispensary operating in compliance with state law.  No delivery of recreational marijuana would be permitted within Tiburon and delivery of medical marijuana would be limited as set forth above. 

The Planning Commission held a public hearing on the proposed amendments on April 12, 2017 and recommended adoption of the CEQA exemption and adoption of the proposed amendments to the Town Council.   

The proposed zoning text amendments are available for review at the Planning Division, Tiburon Town Hall, 1505 Tiburon Boulevard, and the link below (Draft Ordinance).  Inquiries and written comments regarding the proposed amendments should be directed to Scott Anderson, Director of Community Development, at 415.435.7392 or at sanderson@townoftiburon.org

Draft Ordinance
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