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AgdaPkt 2011-10-10
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AgdaPkt 2011-10-10
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Last modified
9/23/2013 10:29:37 AM
Creation date
10/6/2011 2:22:42 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Redevelopment Agency
Date
10/10/2011
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7.A. - Page 10 <br /> Scenario 1 - Minimum State Location Requirements: California Health and Safety Code <br /> section 11362.768 currently prohibits medical marijuana distribution facilities from <br /> locating within a 600 foot radius of a public or private school which has children enrolled <br /> in any grades from K through 12. Utilizing the City's geographic information system, this <br /> criterion was mapped to determine what properties would be potentially available for <br /> siting a medical marijuana distribution facility. The resulting study map is presented in <br /> Attachment 6. For Scenario 1, in addition to disallowing facilities within 600 feet of <br /> schools, all residential and open space land use designations were also determined to <br /> not be suitable for a medical marijuana distribution facility because these land use <br /> categories strictly limit commercial uses. Staff considers Scenario 1 to be a minimum <br /> basis for implementing spacing controls and notes that code based on this scenario <br /> could allow facilities to be located within established neighborhood commercial areas <br /> and other parts of the City slated for new residential development. Staff would strongly <br /> recommend against such a scenario in the event a future ordinance is considered to <br /> allow these facilities. <br /> Scenario 2 — Enhanced Buffers with Residential and Mixed Use Restrictions: In order to <br /> improve upon Scenario 1, staff prepared a number of other studies to explore the <br /> effects of different distancing requirements and land use allowances. Other sensitive <br /> uses were assessed, including child care homes and centers, parks and/or recreation <br /> centers, libraries, and other sensitive uses not mentioned by state code. Many <br /> variations could be considered. The foundation for Scenario 2 is the General Plan. In <br /> this scenario, all properties located within 1,000 feet of a school or City recreation <br /> center (expanding upon the state code minimum) as well as all properties located in any <br /> residential, mixed use, open space or public facilities land use designation are <br /> considered inappropriate for a medical marijuana distribution facility. The areas that <br /> remain which might accommodate a facility include industrial and commercial areas. <br /> This scenario is presented in a study map in Attachment 7. <br /> This scenario, although a significant improvement over Scenario 1, would still likely <br /> result in land use conflicts. If the City seeks to pursue an ordinance at a future date to <br /> allow these facilities, staff suggests considering Scenario 2 as a starting point. <br /> Additional refinement followed by careful field study and coordination with the Police <br /> Department (e.g. to consider patrol routes and other criteria) would need to be <br /> completed. Options to consider as modifications to Scenario 2 include the following: <br /> • provide for distancing requirements between medical marijuana distribution <br /> facilities to avoid overconcentration; <br /> • establish an overall limit on the number of facilities to be permitted in the City <br /> (e.g. such as up to one or two facilities or some other number as deemed <br /> appropriate; South San Francisco had considered a limit of one facility prior to <br /> adopting a ban; Berkeley allows three facilities; San Jose recently approved <br /> revisions to their code and will now set a limit at ten facilities); <br /> • add distancing requirements between other land uses such as residential and/or <br /> m ixed use areas; <br /> • remove the Industrial - Port Related land use area because these areas are not <br /> readily suited to small retail/commercial entities; and <br />
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