AgdaPkt 2011-10-10 - Laserfiche WebLink

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7.A. - Page 11 • remove office park areas because they are also often not suited to small retail/commercial entities. Administration: If the City were to establish regulations to allow medical marijuana distribution collectives at this time or in the future, an application and review process would need to be set forth. Staff considered options and would suggest a process similar to Zoning Administration for considering a Use Permit. However, because of the special nature of the use, Planning staff would strongly advise that the Police Chief and/or designee act in tandem with the Zoning Administrator as part of a small review board. A third board member could be designated from the Community Development Department and/or the City Manager's office. This combination would provide oversight specifically relevant to public safety, land use, and the City as a whole. An appeals process would also need to be established and could involve the Planning Commission and/or simply allow the decision to be moved to the City Council. City staff has maintained dialogue with colleagues in several Bay Area jurisdictions to learn about their experiences with respect to regulation of inedical marijuana distribution facilities. Some jurisdictions intended to allow the facilities, but determined instead after significant study, to establish bans. Others have enacted ordinances allowing medical marijuana distribution facilities. In such cases, these codes include substantial regulations pertaining to distancing requirements to protect sensitive land uses. Staff was also advised that codes are most effectively administered if they are very specific about such distancing criteria as well as security and various design standards. This input led staff to focus on distancing requirements and land use designations resulting in the two scenarios presented above. From this research, staff has also learned that at this time there is likely only legal facility operating in San Mateo County (e.g. San Carlos does not have any permitted facilities, nor does San Mateo County; however, one permit application is currently under review in the North Fair Oaks portion of the County, the City of San Mateo has one collective in operation at this time.). Colleagues in nearby jurisdictions share the same assessment as City staff about access to medical marijuana and community interest in this topic. We have found that delivery of inedical marijuana is available throughout San Mateo County from facilities in nearby Bay Area jurisdictions to individuals with medical marijuana cards. Numerous websites have been identified that provide for delivery. Also, the City does not regulate the growth of inedical marijuana on private property for personal use which is permitted by state law. ALTERNATIVES 1. Adopt the ban with a sunset clause pursuant to the Planning Commission's recommendation thereby establishing an obligation to assess this issue again in two years. 2. Adopt the ban with a revised sunset provision to obligate the City to reassess this issue within a shorter or longer period of time after its enactment.