Title
Staff Report Requesting Direction from the City Council Regarding the Draft Medical Marijuana Dispensary Ordinance
Body
SUMMARY AND RECOMMENDATIONS
Staff requests that the City Council provide direction regarding the DRAFT medical marijuana dispensary ordinance.
BACKGROUND
Since the expiration of the moratorium on the issuance of land use entitlements related to uses involving medical marijuana dispensaries expired on October 1, 2012 the City Council has reviewed, taken public comment, held several meetings and provided comments upon a draft ordinance that would allow the operation of and impose regulations upon two medical marijuana dispensaries in the City.
Staff requests direction on next steps staff should take related to the community's review of the ordinance. Two public presentations, one before the Board of Zoning Adjustments, and one before the Planning Commission, should be scheduled. Those two presentations will include a review of the proposed ordinance, and staff recommended amendments to the Zoning Code to bring the Zoning Code in compliance with the provisions of the proposed ordinance.
Analysis
The City had a moratorium on the issuance of land use entitlements, building permits, and business licenses for new medical marijuana dispensary related operations in the City. The moratorium was passed, and subsequently extended pursuant to City Council findings that included, amongst others, uncertainty regarding the legality of dispensaries as legitimate means of complying with State and Federal law under the Compassionate Use Act, and Medical Marijuana Program Act, and various jurisdictions' efforts to ban, regulate, and raise revenue from such operations.
On July 16, 2012, pursuant to an appellate court decision that prohibited local jurisdictions from banning medical cannabis dispensary operations (County of Los Angeles v. Alternative Medicinal Cannabis Collective (July 2, 2012) 207 Cal.App.4th 601 (2d Distr...
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