UPDATE:

I WAS wrong…

Read this post

They passed the landuse ordinance!

Yesterdays’ San Jose City Council meeting was a little confusing..

They ended by passing a motion proposed by Council Member Pierluigi Oliverio hours earlier. That motion was to pass the urgency landuse ordinance, and punt both the “Title 6 modification” (the crazy one) as well as the tax initiative until August 3rd.

So the urgency landuse ordinance…:

http://www.sanjoseca.gov/clerk/Agenda/20100622/20100622_0310bord.pdf

…IS NOW LAW!!

I (THOUGHT I) confirmed this with Pierluigi Oliverio.

Here are some of the fun parts:

20.80.775 — Maximum Number

No more than a maximum of ten (10) Medical Marijuana Collectives shall be allowed to operate in the City.

20.80.760  –  Compliance Required

B… no person shall operate, or suffer or allow the operation of, a Medical Marijuana Collective until such time as a zoning code compliance certificate has been duly applied for and issued

20.80.770  –  Allowed Districts

Medical Marijuana Collectives are allowed only on those real properties located in CG-Commercial General Zoning Districts

and the best one..

20.80.780  –  Restrictions and Conditions

A.) is the 500 ft from: a residential use, school, child day care center, church that includes a school or child day care use, community or recreation center, park, trail, library, substance abuse rehabilitation center or another Medical Marijuana Collective, and distances under this subsection shall be measured from boundary lines of the parcels that are closest to one another
C.) No retail sales of any products shall occur or be allowed at the Medical Marijuana Collective; …

It looks like they pulled one over on us. Based on this, they can shut down anyone in San Jose.

We will see what Code Enforcement does.. but the fact is.. they now have something to enforce..

This is far from over.

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