On November 1, 2016, the City Council approved Interim Ordinance No. 1189, which prohibited all commercial non-medical marijuana uses in the City, including deliveries, and outdoor cultivation at private residences. The interim ordinance was enacted to ensure protection of the public health, safety and welfare related to the potential passage of State Proposition 64. This ordinance was effective for 45 days and in effect until December 16, 2016.
On November 8, 2016, California voters approved Proposition 64, otherwise known as the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) which allows for the non-medical use of cannabis statewide as well as personal and commercial cultivation, while preserving local control to prohibit and/or regulate commercial uses, activities, and all outdoor cultivation.
On December 6, 2016, the City Council approved Interim Ordinance No. 1190 which extended the prohibitions in Interim Ordinance No. 1189 for an additional ten (10) months and fifteen (15) days as permitted by Government Code 65858(a), in order to provide additional time needed for staff to review and consider all information, timing and aspects of the AUMA, and analyze the information. Interim Ordinance No. 1190 is in effect until October 31, 2017.
Staff has completed preparation of a draft permanent ordinance. The Planning Commission is scheduled to consider the matter on October 24, 2017. The City Council will likely consider the permanent ordinance in November. There will be a small gap between the expiration of Interim Ordinance No. 1190 and when permanent ordinance takes effect. To ensure continued protection during this short “gap” period, staff recommends that the City Council extend the prohibitions in Interim Ordinance No. 1190 for a year or until repealed by a new ordinance.
As required by Government Code 65858(d), at least ten (10) days prior to the expiration of the current interim ordinance, the Council must issue a report describing the measures taken to alleviate the conditions which led to the adoption of that interim ordinance. This staff report and more specifically the following discussion serves as the Section 65858(d) report:
Since adoption of the interim ordinance on December 6, 2016, City staff and the City Attorney have been engaged in research and analysis related to potential commercial non-medical uses and outdoor cultivation of marijuana in residences in the City, in order to evaluate the land use and other implications of the new State regulations. This initial research has included:
1. Review of the approaches being considered by other local governments, including whether commercial non-medical
marijuana uses should be permitted, regulated, or prohibited;
2. Review of potential conflicts between federal and state statutes as well as consideration of court decisions associated with the regulation or prohibition of non-medical marijuana uses; and
3. Review of potential for direct and secondary adverse impacts of non-medical marijuana uses as reported by other jurisdictions and law enforcement agencies.
The current interim ordinance was adopted to allow staff sufficient time to analyze the new law related to Proposition 64 to determine the appropriate City response. Pursuant to State Law, the interim prohibition adopted by the City Council on December 16, 2016 will expire on October 31, 2017 unless further extended. Since it is infeasible for the adoption of permanent regulations to be completed by October 31, 2017, it is recommended that the City Council extend the prohibitions in Interim Ordinance No. 1190 for an additional year, or until repealed by a permanent ordinance. Consideration of a permanent ordinance is scheduled before the Planning Commission on October 24th and staff anticipates that adoption of a new ordinance will be completed prior to January 1, 2018.
Consistent with California Government Code Section 65858(c), the proposed interim ordinance contains a finding that there is a current and immediate threat to the public health, safety, or welfare, and that the approval of additional permits or entitlements for commercial marijuana uses and activities would increase that threat to public health, safety, or welfare. This action also approves the issuance of the Section 65858(d) written report describing the measures taken to alleviate the condition which led to the adoption of the Interim Ordinance No. 1190.
ENVIRONMENTAL REVIEW
Pursuant to Sections 15305 (“Minor Alterations in Land Use Limitations”), and 15061(b)(3) (“General Rule” exemption) of the Guidelines for the implementation of the California Environmental Quality Act (CEQA) of 1970, as amended, the adoption of the zoning ordinance amendments contemplated by the proposed ordinance (the “Project”) is exempt from environmental review as there is no possibility that the Project would have a significant effect on the environment given that the proposed amendments simply continue existing prohibitions on the outdoor cultivation of marijuana, and other marijuana activities, in the City.
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