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AgdaPkt 2009-12-14
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AgdaPkt 2009-12-14
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Last modified
9/24/2013 12:09:37 PM
Creation date
12/10/2009 4:16:52 PM
Metadata
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Redevelopment Agency
Date
12/14/2009
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7A <br /> Page 7 <br /> medical marijuana collectives in close proximity to residenfial <br /> properties, schools, and day care facilities. Furthermore, those <br /> cities have reported increases in loitering, illegal drug acti�ity, <br /> burglaries, robberies, and other criminal activity within and <br /> around the collectives, as well as increased pedestrian and <br /> vehicutar traffic, noise and parking violations. Medical <br /> marijuana collectives and/or dispensaries have also resulted in <br /> increased demands for police response, as well as maintenance <br /> of public streets and sidewalks. <br /> F. The use, possession, cultivation, or distribution of marijuana for <br /> any purpose remains itlegal under federal law. <br /> G. There are several open questions of state law regarding the <br /> regulation of inedical marijuana collectives, including how to <br /> interpret the State Attorney General's August 2008 "Guidelines <br /> for the Security and Non-Diversion of Marijuana Grown for <br /> medical Use." <br /> H. To protect residents and businesses from potential harmful <br /> community impacts resulting from medical marijuana collectives, <br /> City staff needs time to s#udy the legality, potential adverse <br /> community impacts, and mechanisms for regulating medical <br /> marijuana collectives. <br /> I. If inedical marijuana collectives are allowed to proceed without <br /> appropriate review of location, operation criteria and standards, <br /> the collectives could conflict with requirements of the General <br /> Plan, the City's Zoning Ordinance, and forthcoming state law <br /> and City regulations and result in irreversible incompatibility of <br /> land uses and adverse impacts on residents, businesses, and <br /> neighborhoods that present a clear and immed�ate danger to the <br /> public health, safety, and welfare. <br /> J. This interim ordinance establishing a moratorium on medical <br /> marijuana collectives is necessary to avoid the previously <br /> identified impacts to the public hea(th, safety, and welfare. <br /> SECTION 2. [nterim Moratorium Imposed <br /> A. For a period of forty-five (45) days, commencing on the date of <br /> adoption of interim ordinance, or until such time as this <br /> ordinance may expire, subject to any extension of this ordinance <br /> that the City Council may adopt and approve pursuant to <br /> Section 65858 of the Government Code, no zoning ordin�nce <br /> Atty/Ord/�rd.327 3 <br /> 120309 <br />
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