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Time, Place and Manner Regulations for Marijuana Businesses and Personal Cultivation (Planning File LE-16-0001)
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RECOMMENDED ACTION (Motion):
Staff recommends the City Commission consider the draft regulations for Planning File LE-16-0001.
BACKGROUND:
Staff recommends the City Commission consider Legislative file LE-16-0001, Adoption of Time, Place and Manner Regulations for Marijuana Businesses and Personal Cultivation.
Staff has completed the attached draft of time, place and manner regulations for marijuana businesses. The code revisions are based on extensive public outreach, staff research, and input from a variety of sources including the Oregon Liquor Control Commission, League of Oregon Cities, reviews of various other muncipal regulations, and City Attorney legal analysis.
The Planning Commission reviewed the draft regulations at the July 11, 2016 work session, and at the July 25, 2016 and August 8, 2016 Planning Commission hearings. Following the public hearing on August 8, 2016 the Planning Commission amended the draft regulations prior to recommending approval to the City Commission.
The City Commission discussed the draft regulations at the work session on August 9, 2016. The following issues were discussed:
- The recommended 1000' buffer around Clackamas Community College. Staff has prepared maps to illustrate the effect of this additional buffer on potential marijuana retail locations.
- The recommended 250' buffer around licensed childcare and daycare facilities, public parks and transit centers. Staff has prepared maps to illustrate the effect on potential marijuana retail locations.
- The draft code language for proposed Standard of Operation #3, which requires that "No portion of any marijuana business shall be conducted outside, including but not limited to outdoor storage, production, processing, wholesaling, laboratories and retail sale." Staff provided revised language to allow temporary ingress and egress.
- The d...
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