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t <br /> , 7 <br /> PLANNING COMMISSION RESOLUTION NO.13-05 <br /> A Resolution Recommending that the City Council Adopt <br /> Interim Zoning Regulations for Recreational Marijuana Businesses <br /> Whereas,the Planning Commission finds that: <br /> 1. Initiative Measure No. 502;approved November 6,2012,modified the State Controlled <br /> Substances Act to allow the possession of-marijuana for private,personal use and established a system <br /> for lawful production;processing,and retailing of recreational marijuana under State law;and <br /> 2.. - Initiative Measure No. 502 established licenses to be issued by the State Liquor Control <br /> Board for producers,processors, and retailers of recreational marijuana.(collectively"marijuana <br /> - businesses")and gave the State Liquor Control Board the power to adopt rules consistent with the <br /> Initiative and to enforce the same;and <br /> 3. The State Liquor Control Board plans to adopt rules which will become effective <br /> September 14,2013,and will accept applications for licenses for marijuana businesses for 30 days <br /> thereafter;and <br /> 4. The State.Liquor Control Board rules require applicants for marijuana businesses <br /> licenses to identify-the location at which they, will operate;and <br /> 5. The State Liquor Control Board willnot consider local zoning regulations in deciding <br /> whether to issue licenses for marijuana businesses,but marijuana businesses are required to comply <br /> with local zoning requirements;and <br /> 6. Establishing zoning regulations for marijuana businesses prior to September 14,2013, <br /> should prevent marijuana businesses fibnz submitting applications to the State Liquor Control Board <br /> for locations that do not satisfy the City's zoning requirements;and <br /> 7. The State Liquor Control Board will issue an unlhnited number of marijuana producer <br /> licenses,-an umlimited number of marijuana processor licenses,and anundeterrined number of <br /> trarijuana retailer licenses such that the City cannot ki)ow the number of potential marijuana <br /> • businesses that will locate within the City;and . <br /> S. The City cannot:fully anticipate allpotential impacts of marijuana businesses,which <br /> have never existed as legal uses; and <br /> 9. The City should take a measured approach which honors the spirit of State law and acts <br /> as a pilot project allowing marijuana businesses only in areas that have the greatest likelihood.to be . <br /> permissible areas after full consideration of the proper regulation of marijuana businesses and• <br /> . experience with the impacts of such businesses;and <br /> PC Resolution 13-05 - 1 <br /> 29 <br />