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File #: ORD 15-0036    Version:
Type: New Bus. - SR w/Ordinance Status: Agenda Ready
In control: City Council Regular Meeting
On agenda: 1/5/2016 Final action: 1/5/2016
Title: Consideration of Amendments to the Municipal Code and Local Coastal Program (LCP) Prohibiting Cultivation of Commercial Medical Marijuana Activity in the City and Allowing Limited Cultivation of Medical Marijuana for Personal Use by Qualified Persons (Community Development Director Lundstedt). CONDUCT PUBLIC HEARING, INTRODUCE ORDINANCE NOS. 15-0036 AND 16-0001
Attachments: 1. Draft Ordinance No. ORD 15-0036-MBMC, 2. Draft Ordinance No. ORD 16-0001- LCP, 3. Planning Commission Resolution No. PC 15-07, 4. Urgency Ordinance No ORD 15-0036U- December 1, 2015, 5. Current MBMC Section 10.60.160, 6. Planning Commission staff report and attachments- December 9, 2015, 7. Planning Commission draft minutes- December 9, 2015
Related files: 15-0535, ORD 16-0001, ORD 16-0036
TO:
Honorable Mayor and Members of the City Council

THROUGH:
Mark Danaj, City Manager

FROM:
Marisa Lundstedt, Community Development Director
Laurie Jester, Planning Manager
Jason Masters, Assistant Planner

SUBJECT:Title
Consideration of Amendments to the Municipal Code and Local Coastal Program (LCP) Prohibiting Cultivation of Commercial Medical Marijuana Activity in the City and Allowing Limited Cultivation of Medical Marijuana for Personal Use by Qualified Persons (Community Development Director Lundstedt).
CONDUCT PUBLIC HEARING, INTRODUCE ORDINANCE NOS. 15-0036 AND 16-0001
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Recommended Action
RECOMMENDATION:
Staff recommends that after conducting the public hearing, the City Council waive further reading and introduce Ordinance No. ORD 15-0036 (Attachment 1) approving amendments to the Manhattan Beach Municipal Code and Ordinance No. ORD 16-0001 (Attachment 2) approving amendments to the Local Coastal Program (LCP) prohibiting the cultivation of medical marijuana in the City either:
(1) With limited exceptions for qualified persons (as recommended by the Planning Commission) subject to developmental and operational standards; or
(2) With no exceptions.
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FISCAL IMPLICATIONS:
There are no direct fiscal impacts as a result of the adoption of the Municipal Code and Local Coastal Program Amendments.

EXECUTIVE SUMMARY:
Manhattan Beach Municipal Code Section 10.60.160 prohibits medical marijuana dispensaries, which is defined as any facility or location where medical marijuana is cultivated or made available to a qualified patient, a person with an identification card, or a primary caregiver as those terms are defined by state law.

In 2015, the California State Legislature enacted the Medical Marijuana Regulation and Safety Act which reinforces that cities may prohibit dispensaries, but requires a city to adopt local land use regulations if that city wants to ...

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