SR 05:128 - Laserfiche WebLink

DISCUSSION The Pleasanton Municipal Code does not define or regulate medical marijuana dispensaries either through a Police permitting process or through land use regulations. Thus, a person interested in opening such a dispensary might argue that the use is similar to a pharmacy, medical office or limited retail use and locate in a number of zoning districts. As indicated by Police Chief Neal and in the memorandum from the Dublin Police Chief, jurisdictions with medical marijuana dispensaries are experiencing negative impacts, such as crime, vagrancy and blight. In particular, there are examples of increased illegal drug activity, robbery of dispensaries and persons leaving dispensaries, loitering, fraudulent efforts to obtain identification cards, increased traffic and parking issues and increased criminal activity in general. The U.S. Department of Justice/Drug Enforcement Administration's California Medical Marijuana Information Report states that "large-scale marijuana cultivators and traffickers" pose as caregivers invoking Proposition 215. The City of Pleasant on has received at least one telephone inquiry regarding the establishment ofa medical marijuana dispensary, as have the Cities of Livermore and Danville. As neighboring jurisdictions adopt moratoriums on medical marijuana dispensaries, it becomes more likely that such dispensaries will be located here. Thus, these medical marijuana dispensaries pose a current and immediate threat to public health, safety and welfare requiring this moratorium. Accordingly, city staffrecommends that a moratorium be adopted on medical marijuana dispensaries to allow review and consideration of a number of issues including the following: 1. Ability to approve and regulate uses currently illegal under federal law; 2. Procedures adopted by other jurisdictions and the experiences in those jurisdictions; 3. Ifregulations are allowed, consideration of: a. Establishment of a permitting process, likely through the Police Department, which includes criminal background checks for operators and employees of proposed dispensaries; b. Establishment of a permitting process through the Planning Department, which classifies the use and allowable zoning districts, if any; c. Over-concentration issues and proximity to sensitive uses such as schools; and d. Regulations regarding operational conditions such as hours and security features. A proposed moratorium ordinance is exempt for review under the California Environmental Quality Act (CEQA) as it will not result in a direct or reasonably foreseeable indirect physical change in the environment, and only directs that a planning study be undertaken. (14 CCR sections 15060(c)(2), l5061(b)(3), 15262) SR:OS: 128 Page 4