HomeMy WebLinkAbout573ORDINANCE 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WHEREAS, on June 27, 2017, the Governor approved Senate Bill ("SB 94") repealed the Medical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
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WHEREAS, it is reasonable to conclude that outdoor personal marijuana cultivation and all
commercial marijuana or cannabis operations for recreational marijuana use could cause similar
adverse impacts on the public health, safety, and welfare of the residents of the Town of Los Altos
Hills; and
WHEREAS, it is in the interests of the health, safety, and welfare of the residents of the Town of
Los Altos Hills to prohibit, in express terms, outdoor personal marijuana cultivation and all
commercial marijuana or cannabis operations; and
WHEREAS, in light of the new state legislation that the State will issue licenses for commercial
recreational marijuana operations by January 1, 2018, the Town considered the immediate
adoption of this urgency ordinance in accordance with Government Code Section 36934 and 65858
at a special meeting on December 14, 2017, at which time the urgency ordinance received the
requisite four-fifths (4/5) vote of the City Council for adoption in accordance with Government
Code Section 65858(a) and took effect immediately for the immediate preservation of the public
peace, health or safety under Government Code Section 36937(b); and
WHEREAS, the urgency ordinance shall be in full force and effect for forty-five (45) days from
its date of adoption in accordance with Government Code Section 65858(a); and
WHEREAS, the urgency ordinance may be extended for ten (10) months and fifteen (15) days
upon notice, and the urgency ordinance subsequently may be extended a second time for one (1)
year pursuant to Section 65090 and public hearing in accordance with Government Code Section
65858(a); and
WHEREAS, the City Council of the Town of Los Altos Hills finds that this project is exempt
from California Environmental Quality Act (CEQA) pursuant to "general exemptions" described
in Section 15061(b)(3) of the CEQA Guidelines, since the ordinance would not have any
significant effects on the environment.
NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby ORDAIN as
follows:
SECTION I. FINDINGS.
Based on the entirety of the record as described above, the City Council for the Town of
Los Altos Hills hereby makes the following findings:
1. All of the facts and recitals above are true, corrected, incorporated herein and made
a part hereof such that there exists a current and immediate threat to the public health, safety, and
welfare requiring immediate implementation of an urgency ordinance to prohibit marijuana
cultivation and commercial operations within the Town of Los Altos Hills.
2. The urgency ordinance is necessary for the immediate preservation of the public
peace, health, and safety because the cultivation of marijuana in other cities and towns as resulted
in calls for service to the police department, including calls for robberies and thefts; marijuana
cultivation poses safety risks to surrounding neighbors, including but not limited to, risks of violent
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confrontation in connection with attempts to steal marijuana and risk of fire damage and loss from
improper wiring within structures growing marijuana.
3. By adopting the ordinance, the Town will satisfy the requirement under the new
state legislation that an application for a state license for commercial recreational marijuana
operations in the Town cannot be approved if approval of the state license would violate Town
land use regulations or ordinances regulating or prohibiting commercial marijuana operations.
4. The Town of Los Altos Hills' Zoning Codes are hereby amended where and as
necessary to prohibit cultivation of recreational marijuana and commercial recreational marijuana
activity and businesses in the Town of Los Altos Hills.
5. This project is exempt from California Environmental Quality Act (CEQA)
pursuant to "general exemptions" described in Section 15061 (b)(3) of the CEQA Guidelines, since
the ordinance would not have any significant effects on the environment.
6. The proposed Zoning Ordinance amendments are consistent with the adopted
General Plan because the prohibited uses are not compatible with the low density, semi -rural
atmosphere of the community. None of the amendments will conflict with or impede achievement
of any of the objectives, goals, policies, programs, or general land use designations established in
the General Plan and are compatible with such General Plan objectives, policies, general land uses,
and programs.
SECTION II. AMENDMENTS.
The City Council hereby amends the following sections of the Los Altos Hills Municipal
Code to read as follows (with additions indicated in double underline). Sections and subsections
that are not amended by this ordinance are not included below, and shall remain in full force and
effect.
1. Section 10-1.202 Designated. is hereby amended:
Commercial cannabis activity includes cultivation, possession, manufacture, processing,
storing, laboratory testing, oackaeine. labeling, sortation, delivery. distribution, or
sale of medieel cannabis or a medical cannabis product.
2. Section 10-1.706 Prohibited Uses. is hereby amended:
The following uses are prohibited in the Residential -Agricultural District (R -A):
(a) Medical and recreational marijuana or cannabis cultivation, including outdoor
cultivation for personal use;
(b) All commercial medical and recreational marijuana or cannabis activities except
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(c) Medical marijuana or cannabis dispensaries, either for recreational or medical
marijuana use;
(d) Processing of medical and recreational marijuana or cannabis.
3. Section 10-1.804 Prohibited Uses. is hereby amended:
The following uses are prohibited in the Open Space Reserve District (OSR):
(a) Medical and recreational marijuana or cannabis cultivation, including Ontdmnr
cultivation for personal use;
(b) All commercial medical and recreational marijuana or cannabis activities
laboratory;
(c) Medical marijuana or cannabis dispensaries, either for recreational or medical
marijuana use;
(d) Processing of medical and recreational marijuana or cannabis.
SECTION Ili. SEVERABILITY.
If any provision of this ordinance or the application thereof to any person or circumstance
is held invalid or unconstitutional the remainder of this ordinance, including the application of
such part or provision to other persons or circumstances shall not be affected thereby and shall
continue in full force and effect. To this end, provisions of this ordinance are severable. The
City Council of the Town of Los Altos Hills hereby declares that it would have passed each
section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the
fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or
phrases be held unconstitutional, invalid, or unenforceable.
SECTION N. EFFECTIVE DATE AND PUBLICATION.
This ordinance is an urgency ordinance enacted under California Government Code 36934
and 36937(b). This urgency ordinance is effective upon adoption by a four-fifths (4/5) vote of the
City Council. This urgency ordinance shall remain in full force and effect until it is repealed by a
new regulatory scheme by the City Council.
Within fifteen days after the passage of this ordinance, the City Clerk shall cause this
ordinance or a summary thereof to be published once, with the names of those City
Councilmembers voting for or against it in a newspaper of general circulation in the Town of Los
Altos Hills, as required by law.
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INTRODUCED: December 14, 2017
PASSED:
December 14, 2017
AYES:
Mayor Waldeck, Vice Mayor Radford, Councilmember Corrigan,
Councilni tuber Spreen, Councibri tuber Wu
NOES:
None
ABSTENTIONS:
None
ABSENT:
None
ATTEST:
APPROVED AS TO FORM:
I ba
City Atto y
2900437.1
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