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ORDINANCE 573 AN ORDINANCE OF THE TOWN OF LOS ALTOS HELLS AMENDING SECTIONS 10-1.202,10-1.706, AND 10-1.804 TO THE LOS ALTOS HILLS MUNICIPAL CODE PROHIBITING CULTIVATION OF MARIJUANA INCLUDING PERSONAL OUTDOOR CULTIVATION AND PROHIBITING THE ESTABLISHMENT OF ALL COMMERCIAL RECREATIONAL MARIJUANA OPERATIONS WITHIN THE TOWN LIMITS WHEREAS, on May 19, 2016, the City Council adopted Ordinance No. 562-2016, amending the Zoning Ordinance to prohibit the establishment of medical marijuana dispensaries, marijuana cultivation, and all commercial marijuana operations; WHEREAS, on November 9, 2016, California voters approved the Control, Regulate and Tax Adult Use of Marijuana Act ("AUMA" or "Proposition 64') to legalize the recreational use of marijuana in California for individuals twenty-one (2 1) years of age and older; and WHEREAS, on June 27, 2017, the Governor approved Senate Bill ("SB 94") repealed the Medical Marijuana Regulation and Safety Act ("MMRSA") and included certain provision of MMRSA in the licensing provisions of AUMA; and WHEREAS, the new comprehensive regulatory system created by SB 94, intended to regulate all commercial cannabis uses, is called the Medicinal and Adult -Use Cannabis Regulation and Safety Act ("MAUCRSA"); and WHEREAS, the MAUCRSA permits a city to enact and enforce `reasonable regulations" to regulate the personal possession, planting, cultivation, harvesting, drying, or processing of marijuana plants, including the complete prohibition of such activities outdoors; and WHEREAS, the MAUCRSA creates a licensing system whereby the State will issue licenses to businesses authorizing them to cultivate, distribute, transport, store, manufacture, process, and sell marijuana and marijuana products for adults 21 years of age and older, with such licenses to be issued by January 1, 2018; and WHEREAS, the MAUCRSA mandates that State licensing authorities shall not approve an application for a State license if approval of the State license will violate the provisions of any local ordinance or regulation adopted in accordance with the requirements of the MAUCRSA; and WHEREAS, the MAUCRSA states that nothing in it shall be interpreted to supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances to regulate businesses licensed under the MAUCRSA; and WHEREAS, many California communities have experienced adverse impacts and negative secondary effects from marijuana establishments and cultivation sites, including hazardous constmction, unsafe electrical wiring, noxious odors and fumes affecting neighboring properties and businesses, increased crime in and around such land uses, and the diversion of marijuana to minors; and OAiveoce 573 png 1