Title
First Reading of Ordinance 16-1008: Time, Place and Manner Regulations for Marijuana Businesses (Planning File LE-16-0001)
Body
RECOMMENDED ACTION (Motion):
Staff recommends the City Commission approve the first reading of Ordinance 16-1008.
BACKGROUND:
Staff has completed the final amendments to the proposed 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.
At the public hearing on August 17, 2016 the City Commission reviewed and resolved several outstanding questions related to the proposed marijuana regulations. The issues that the commission resolved were:
Whether to require a 1000' buffer from Clackamas Community College for marijuana retailers (Yes).
Whether to require a 250' buffer from from public parks, licensed child care and day care facilities, and public transit centers for marijuana retailers (Yes).
Whether to require 1000’ separation between marijuana retailers (Yes).
Whether to include code language to allow outdoor temporary ingress and egress of vehicles, persons and materials associated with the permitted marijuana use (Yes).
Whether to require personal cultivation of marijuana be indoors (Yes).
The City Commission provided direction that outdoor cultivation of marijuana (personal or otherwise) should be prohibited. Staff has prepared a separate code amendment to the Nuisance Code in Chapter 8.08 of the Oregon City Municipal Code, and a s...
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