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<br />12/14/2009 <br /> <br />medical marijuana collectives in close proximity to residential <br />properties, schools, and day care facilities. Furthermore, those <br />cities have reported increases in loitering, illegal drug activity, <br />burglaries, robberies, and other criminal activity within and <br />around the collectives, as well as increased pedestrian and <br />vehicular 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 /> <br />F. The use, possession, cultivation, or distribution of marijuana for <br />any purpose remains illegal under federal law. <br /> <br />G. There are several open questions of state law regarding the <br />regulation of medical 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 /> <br />H. To protect residents and businesses from potential harmful <br />community impacts resulting from medical marijuana collectives, <br />City staff needs time to study the legality, potential adverse <br />community impacts, and mechanisms for regulating medical <br />marijuana collectives. <br /> <br />I. If medical 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 immediate danger to the <br />public health, safety, and welfare. <br /> <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 health, safety, and welfare. <br /> <br />SECTION 2. Interim Moratorium Imposed <br /> <br />Atty/Ord/Ord .327 <br />120309 <br /> <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 ordinance <br /> <br />3 <br /> <br />2350 <br />FORMERLY MUFF # 205 <br />