AgdaPkt 2011-10-24 - Laserfiche WebLink

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6.3.B. - Page 1 REPORT To the Honorable Mayor and City Council From the City Manager October 24, 2011 SUBJECT Zoning Ordinance Regulating Medical Marijuana RECOMMENDATION By motion, waive second reading and adopt the proposed ordinance adding Article 59 to the Redwood City Zoning Code relating medical marijuana distribution facilities. BACKGROUND The City enacted a moratorium in November 2009 in order to evaluate regulation of medical marijuana facilities and that moratorium is set to expire December 10, 2011. Since enactment of the moratorium, the City has monitored the legal issues associated with medical marijuana, gathered information, and evaluated the proposed regulation of medical these facilities. As a result of that evaluation, staff recommended the adoption of Article 59 of the Zoning Ordinance (Attachment 1) to prohibit medical marijuana distribution facilities for the following reasons, and as more fully explained in the City's October 10, 2011 staff report: 1. There is continuing uncertainty between state and federal enforcement policies that could further complicate local enforcement efforts; 2. Based on the recent proliferation of medical marijuana facilities and associated law enforcement problems, staff anticipates an increase in crime and crime - related secondary impacts of these facilities operating in the City; 3. Land use concerns could result from medical marijuana distribution facilities, namely neighborhood compatibility and traffic; and 4. Significant staff costs and time would be anticipated to ensure that medical marijuana distribution facilities meet state and City requirements. Although permit and regulatory fees could be assessed, enactment of those fees may not cover the full cost of enforcement or may be at the expense of other priority activities. At its September 20, 2011 meeting, the Planning Commission held a duly noticed public hearing on the City's proposed zoning amendment prohibiting medical marijuana facilities in Redwood City. The Commission voted unanimously to recommend the proposed Zoning Ordinance amendment to the Council with a sunset provision, which would require the City to re- evaluate this issue in two (2) years before the ordinance expiration date of November 24, 2013. (10/10/11 Staff Report, Attachment 3)