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SR 05:128
City of Pleasanton
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SR 05:128
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9/12/2005 11:25:33 AM
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7/14/2005 10:57:00 AM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
8/16/2005
DESTRUCT DATE
15 Y
DOCUMENT NO
SR 05:128
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<br />called a moratorium--imposes temporary land use controls based on a documented, current and <br />immediate threat to public health, safety, and welfare. An interim ordinance protects and <br />promotes the planning process by prohibiting the introduction of potentially nonconforming land <br />uses that could defeat or impair a later adopted general plan or zoning ordinance. <br />Procedurally, such an ordinance may be adopted initially with or without a public hearing <br />following a 4/5 vote of the legislative body. The initial moratorium lasts for 45 days. After <br />notice and a public hearing, the ordinance may be extended, again with a 4/5 vote, for an <br />additional 10 months and 15 days. Thereafter, the ordinance may be extended for one additional <br />year, again with a 4/5 vote. No more than two extensions may be adopted. <br />The City Council cannot adopt or extend any interim ordinance unless the ordinance <br />contains a finding that there is a current and immediate threat to the public health, safety or <br />welfare, and that granting land use approvals or building permits would result in that threat to <br />public health, safety or welfare. Ten days prior to the expiration of such an ordinance or any <br />extension, a written report is to be issued describing the measures taken to alleviate the <br />condition that led to the adoption of the ordinance. <br />Moratoriums in Other Jurisdictions <br />A number of cities throughout the state have adopted moratoriums and land use <br />regulations for medical marijuana dispensaries. Locally, in September 2004, the City of <br />Fremont adopted a moratorium on medical marijuana dispensaries. A month later, Alameda <br />County adopted a similar moratorium noting that seven medical marijuana dispensaries already <br />existed in unincorporated Alameda County (four in San Leandro and three in Hayward). <br />Alameda County is now considering a limit of five dispensaries and/or a single dispensary at the <br />Fairmont Hospital in San Leandro. (see attached article from the SF Gate/San Francisco <br />Chronicle, May 10, 2005) The City of Berkeley adopted a zoning ordinance to limit the number <br />of dispensaries to the three already existing within its city limits and to require them to be <br />located more than 1000 feet from each other and any public school. Berkeley apparently <br />considered a further regulatory scheme, which was abandoned due to uneasiness with issuing <br />city use permits for uses prohibited by federal law. The Cities of San Leandro, San Pablo and <br />Emeryville have adopted moratoriums. Oakland has adopted regulations for the location and <br />operations of up to four medical marijuana dispensaries, defined as distribution to four or more <br />patients. Recent issues regarding medical marijuana dispensaries have also led the City and <br />County of San Francisco to consider a moratorium. (see attached article from the SF Gate/San <br />Francisco Chronicle, Apr. 24, 2005) <br />Police Chief Neal indicates that the City of Dublin is considering a moratorium as well, <br />and that the Tri- Valley Police Chiefs are pursuing a coordinated approach to avoid simply <br />moving a potential problem to the neighboring city. <br />SR:OS: 128 <br />Page 3 <br />
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