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574
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Last modified
3/27/2019 10:47:18 AM
Creation date
2/23/2018 9:43:09 AM
Metadata
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Ordinances
Number
574
Date (Introduced)
2/15/2018
Date (Adopted)
2/15/2018
Description
An Interim Urgency Ordinance Extending for 10 Months and 15 Days a Moratorium Prohibiting the Cultivation of Marijuana Including Personal Outdoor Cultivation and Prohibiting the Establishment of All Commercial Recreational Marijuana Operations Within the Town Limits
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ORDINANCE 574 <br /> AN INTERIM URGENCY ORDINANCE OF THE TOWN OF LOS ALTOS <br /> HILLS EXTENDING FOR 10 MONTHS AND 15 DAYS A MORATORIUM <br /> PROHIBITING THE CULTIVATION OF MARIJUANA INCLUDING <br /> PERSONAL OUTDOOR CULTIVATION AND PROHIBITING THE <br /> ESTABLISHMENT OF ALL COMMERCIAL RECREATIONAL <br /> MARIJUANA OPERATIONS WITHIN THE TOWN LIMITS <br /> WHEREAS,on May 19, 2016,the City Council adopted Ordinance No. 562-2016, amending the <br /> Zoning Ordinance to prohibit the establishment of medical marijuana dispensaries, marijuana <br /> cultivation, and all commercial marijuana operations; <br /> WHEREAS, on November 8, 2016, California voters approved the Control, Regulate and Tax <br /> Adult Use of Marijuana Act ("AUMA" or "Proposition 64") to legalize the recreational use of <br /> marijuana in California for individuals twenty-one(21) years of age and older; and <br /> WHEREAS,on June 27,2017,the Governor approved Senate Bill("SB 94")repealed the Medical <br /> Marijuana Regulation and Safety Act ("MMRSA") and included certain provision of MMRSA in <br /> the licensing provisions of AUMA; and <br /> WHEREAS,the new comprehensive regulatory system created by SB 94, intended to regulate all <br /> commercial cannabis uses, is called the Medicinal and Adult-Use Cannabis Regulation and Safety <br /> Act ("MAUCRSA"); and <br /> WHEREAS, the MAUCRSA permits a city to enact and enforce "reasonable regulations" to <br /> regulate the personal possession, planting, cultivation, harvesting, drying, or processing of <br /> marijuana plants, including the complete prohibition of such activities outdoors; and <br /> WHEREAS, the MAUCRSA creates a licensing system whereby the State will issue licenses to <br /> businesses authorizing them to cultivate,distribute,transport, store,manufacture,process,and sell <br /> marijuana and marijuana products for adults 21 years of age and older, with such licenses to be <br /> issued by January 1, 2018; and <br /> WHEREAS, the MAUCRSA mandates that State licensing authorities shall not approve an <br /> application for a State license if approval of the State license will violate the provisions of any <br /> local ordinance or regulation adopted in accordance with the requirements of the MAUCRSA; and <br /> WHEREAS,the MAUCRSA states that nothing in it shall be interpreted to supersede or limit the <br /> authority of a local jurisdiction to adopt and enforce local ordinances to regulate businesses <br /> licensed under the MAUCRSA; and <br /> WHEREAS, many California communities have experienced adverse impacts and negative <br /> secondary effects from marijuana establishments and cultivation sites, including hazardous <br /> construction, unsafe electrical wiring, noxious odors and fumes affecting neighboring properties <br /> and businesses, increased crime in and around such land uses, and the diversion of marijuana to <br /> minors; and <br /> Ordinance 574 Page I <br />
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