Long Beach, CA
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File #: 11-0559    Version: 1 Name: CD-7 - MM collectives & parks
Type: Agenda Item Status: Approved
File created: 5/27/2011 In control: City Council
On agenda: 6/7/2011 Final action: 6/7/2011
Title: Recommendation to request City Attorney to prepare an amendment to Chapter 5.87 of the Long Beach Municipal Code ("Medical Marijuana") clarifying that collectives are prohibited within 1,000 feet of all City owned, operated, or leased parks.
Sponsors: COUNCILMEMBER JAMES JOHNSON, SEVENTH DISTRICT, VICE MAYOR SUJA LOWENTHAL, SECOND DISTRICT
Indexes: Ordinance request
Attachments: 1. 060711-R-13sr.pdf
Related files: 11-0617, 15-0274
TITLE
Recommendation to request City Attorney to prepare an amendment to Chapter 5.87 of the Long Beach Municipal Code ("Medical Marijuana") clarifying that collectives are prohibited within 1,000 feet of all City owned, operated, or leased parks.
 
DISCUSSION
After exhaustive City Council discussion and debate, the City Council approved a final ordinance related to medical marijuana collectives.  A key part of that ordinance was a prohibition of collectives within 1000 feet of "parks."  For purposes of the ordinance the term "park" is defined to include "publicly owned natural or open areas set aside for active and passive public use for recreational, cultural or community service activities."  Subsequent to passage of the ordinance, it was determined that there are several park areas in the City that are not "owned" by the City but are actually leased to the City by private individuals or entities for park purposes. For example, Tanaka Park has been leased by the City and used as a "park" since 2001. The current version of the medical marijuana ordinance does not recognize Tanaka Park as a "park" since the City does not own the land where it is located.
 
In order to correct this technical oversight and to update the ordinance to more accurately reflect Council's intent, the ordinance should be amended to clarify that all areas that are either owned, operated, or leased by the City for park purposes be considered as "parks" for determining appropriate buffers zones.  This would extend the same protections to residents located near "leased" parks that residents in other parts of the City currently enjoy.
 
FISCAL IMPACT
This item would have no significant fiscal impact.
 
SUGGESTED ACTION
Approve recommendation.
 
Respectfully Submitted,
JAMES JOHNSON
COUNCILMEMBER, SEVENTH DISTRICT