Laserfiche WebLink
<br />8A <br />Page 1 <br /> <br />REPORT <br /> <br /> <br />January 25, 2010 <br /> <br />SUBJECT <br />Extension of the Temporary Moratorium on the Establishment and Operation of Medical <br />Marijuana Collectives <br /> <br />RECOMMENDATION <br />1. Waive reading and extend a temporary moratorium on the establishment and <br />operation of medical marijuana collectives for a maximum period of 22 months and <br />15 days, by 4/5 majority of the City Council (Attachment 1). <br />2. Direct staff to prepare a permanent ordinance based on Council's direction. <br /> <br />BACKGROUND <br />On December 14, 2009, the City Council, by 4/5 majority vote, adopted a temporary <br />moratorium on the establishment and operation of medical marijuana collectives for 45 <br />days. In adopting the interim ordinance, the City Council recognized that allowing <br />medical marijuana-oriented businesses to operate in Redwood City without appropriate <br />review of location, operational standards and an enforcement strategy poses a potential <br />threat to public health and safety because of the adverse secondary impacts on <br />residents, businesses, and neighbors to such businesses. <br /> <br />Pursuant to Government Code section 65858, the initial 45-day moratorium will expire <br />on January 28, 2010. The City Council may extend the interim ordinance for an <br />additional 22 months and 15 days. Government Code section 65858 requires that ten <br />days prior to the expiration of the interim ordinance or any extension thereof, the City <br />Council must issue a written report describing the measure taken to alleviate the <br />condition that led to the adoption of the ordinance. This report serves as the report <br />required under the Government Code. <br /> <br />Due to the variety of legal and practical issues associated with medical marijuana- <br />oriented businesses, staff has only begun researching and drafting a comprehensive <br />ordinance to regulate medical marijuana collectives. As such, staff is requesting that <br />the City Council consider extending the moratorium for a maximum of 22 months and 15 <br />days and provide staff with specific direction with respect to the forthcoming ordinance. <br />Staff has researched the available regulatory options for the City Council to consider, as <br />outlined below. <br /> <br />As stated in the previous staff report (Attachment 2) medical marijuana-oriented <br />businesses are not expressly regulated by the Redwood City Municipal Code or the <br />Zoning Ordinance; however, this type of land use is typically considered to be relatively <br />similar to a pharmacy, medical office or clinic. Under the City's current Zoning <br />Ordinance, such a business could potentially operate in a variety of zoning districts, <br />including near schools or day care facilities, by obtaining a Use Permit. However, <br /> <br />1 <br />