San Diego Medical Marijuana Task Force Recommends Regulations – December 8

December 8, 2009 at the San Diego City Council meeting scheduled to be heard after 2pm, the San Diego Medical Marijuana Task Force will be presenting its recommendations to the San Diego City Council.

Please come out and support the San Diego City Council as they take a very important step in providing Safe Access for patients to their physician recommended medicine.

San Diego City Council
12th Floor
202 “C” STREET SAN DIEGO, CA 92101

The agenda is available at:
http://dockets.sandiego.gov/sirepub/pubmtgframe.aspx?meetid=464&doctype=Agenda

ITEM-337: Report from the Medical Marijuana Task Force. (Citywide.)
(See Report to the City Council No. 09-165.)

COUNCILMEMBER EMERALD’S RECOMMENDATION:
Adopt the following resolution as recommended by the Medical Marijuana Task Force:

(R-2010-393)

Accepting the Medical Marijuana Task Force Report to Council No. 09-165 and referring the matter to the Land Use and Housing Committee.

SUPPORTING INFORMATION:

The Medical Marijuana Task Force makes the following recommendations for Dispensing Collectives and Cooperatives (DCCs):

  • Permitting through Processes 2 and 3: That DCCs with less than 100 members be required to obtain a use permit through a Process 2 as described in the San Diego Municipal Code and DCCs with 100 or more members obtain a use permit through a Process 3. The Task Force further recommends that permit renewals follow the current San Diego Municipal Code guidelines found in Chapter 12, Article 6, Division 3.
  • Zoning: That DCCs be allowed by permit in the following zones: CR, CO, CC, CN, CV, IP, IL, and IH. The Task Force recommends including uses similar to the recommended base zones in Planned District Ordinances (PDOs).
  • Distance Limitations: That DCCs shall not be located: (a) within a 1,000-foot radius of schools, playgrounds, libraries, child care facilities, and youth facilities, including but not limited to youth hostels, youth camps, youth clubs, etc., and other similar uses; and shall not be located (b) within a 500-foot radius of other DCCs.
  • Not-for-Profit Operation: That DCCs be required to submit, in applying for a conditional use permit, evidence that they are incorporated as statutory cooperatives or bona fide nonprofit corporations, or documentation outlining their plans for operating in a not-for-profit manner, as contemplated by the Attorney General’s guidelines.
  • Security: That DCCs be required to have an adequate and operable security system that includes security cameras and alarms and for a licensed security guard to be present at the cooperative or collective at all times during business hours.
  • Lighting: That DCCs be required to provide for adequate lighting as detailed below.
  • Hours of Operation: That the hours of operation for DCCs be limited to 7:00 A.M. to 9:00 P.M. seven days a week.
  • Signage: That certain signage restrictions and requirements be adopted for DCCs as detailed below.

FISCAL CONSIDERATIONS: N/A

EQUAL OPPORTUNITY CONTRACTING INFORMATION (IF APPLICABLE): N/A

PREVIOUS COUNCIL AND/OR COMMITTEE ACTION:
On October 6, 2009, the San Diego City Council voted to establish a Medical Marijuana Task Force (hereinafter “Task Force”) to advise the City Council on: (1) guidelines for medical marijuana patients and primary caregivers; (2) guidelines for the structure and operation of medical marijuana cooperatives and/or collectives; and (3) guidelines for police department enforcement regarding medical marijuana. The resolution establishing the Task Force further provided that the Task Force was to report back to the City Council by the end of 2009 with recommendations regarding land use and zoning issues.

COMMUNITY PARTICIPATION AND PUBLIC OUTREACH EFFORTS:
The Task Force met five times over the course of five weeks to discuss recommendations for the land use and zoning of medical marijuana collectives and cooperatives within the City of San Diego. The meetings were conducted pursuant to the Brown Act and open to the public.
KEY STAKEHOLDERS AND PROJECTED IMPACTS: N/A

www.safeaccesssd.com

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