Title
A resolution establishing criteria for determining "lawful operation" of marijuana consumption club facilities prior to September 22, 2015, and authorizing notice of expiration of amortized non-conforming land use.
Presenter:
Peter Wysocki, Planning and Community Development
Body
Summary:
The purpose of the proposed resolution is to provide guidance to City staff and notice to the public regarding determination if a marijuana consumption club facility was lawfully operating prior to the City Council-adopted moratorium on the establishment of new marijuana consumption club facilities after September 22, 2015.
Previous Council Action:
This is a companion item related to the ordinances pertaining to the prohibition of new marijuana consumption club facilities, an eight (8) year "phase out" period for lawfully existing marijuana consumption club facilities, and licensing requirements for lawfully operating marijuana consumption club facilities which were passed by the City Council on first reading at its March 8, 2016 meeting.
Background:
On September 22, 2015, the City Council passed a moratorium ordinance prohibiting the establishment of any new marijuana consumption club facilities and directed City staff to draft ordinances concerning the regulation of clubs moving forward. On March 8, 2016, the City Council on first reading passed a number of ordinances concerning the regulation of marijuana consumption club facilities and a "phase out" period of eight (8) years for their operations.
City Code section 7.2.107 specifies that "it shall be unlawful to use any building, structure, or land . . . except in conformity with the requirements established in the zone district in which said structure, building, or land is located and in accord with the provisions of this Zoning Code." As a result of a similar use determination made the Manager of Planning and Community Development on May 28, 2014, marijuana consumption club facilities were, s...
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