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then, commencing March 1, 2016, the State Department of Food and Agriculture will become
<br /> the sole licensing authority for marijuana cultivation in that jurisdiction; and
<br /> WHEREAS, medical marijuana and cannabis businesses, dispensaries, commercial
<br /> operations, and delivery operations are not listed in the Zoning Code as either permitted or
<br /> conditionally permitted land uses and are, therefore, prohibited under the Town's permissive
<br /> zoning provisions, as set forth in Section 10-1.309, subdivision (a) of the Los Altos Hills
<br /> Municipal Code; and
<br /> WHEREAS, "agriculture" is defined in the Los Altos Hills Municipal Code as "animal
<br /> husbandry, livestock farming, flower growing, crop and tree farming, and viticulture" and is a
<br /> permitted use throughout the Town, and the growing and cultivation of medical marijuana or
<br /> cannabis could be classified as "crop farming;"and
<br /> WHEREAS, many California communities have experienced adverse impacts and
<br /> negative secondary effects from medical marijuana establishments and cultivation sites,
<br /> including hazardous construction, unsafe electrical wiring, noxious odors and fumes affecting
<br /> neighboring properties and businesses, increased crime in and around such land uses, and the
<br /> diversion of medical marijuana to minors; and
<br /> WHEREAS, it is reasonable to conclude that medical marijuana dispensaries, marijuana
<br /> cultivation facilities, commercial medical marijuana or cannabis operations could cause similar
<br /> adverse impacts on the public health, safety, and welfare of the residents of the Town of Los
<br /> Altos Hills; and
<br /> WHEREAS, it is in the interests of the health, safety, and welfare of the residents of the
<br /> Town of Los Altos Hills to prohibit, in express terms, medical marijuana and cannabis
<br /> dispensaries, cultivation, and commercial operations; and
<br /> WHEREAS, the Planning Commission of the Town of Los Altos Hills conducted a
<br /> public hearing on January 6, 2016 and recommended prohibiting cannabis cultivation and
<br /> commercial operations but permitting the delivery of medical cannabis to qualified individuals;
<br /> and
<br /> WHEREAS, based on specific facts and circumstances to which local police officers can
<br /> and would attest, there is a threat to the public health, safety and welfare of the community if
<br /> medical marijuana is cultivated in the Town without proper regulations, and such unregulated
<br /> cultivation will result in harmful effects to the businesses, property owners, and residents of the
<br /> Town; and
<br /> WHEREAS, by adopting this ordinance, the Town will satisfy the requirement under the
<br /> new state legislation that the Town have land use regulations or ordinances regulating or
<br /> prohibiting the cultivation of medical marijuana,then commencing on March 1, 2016; and
<br /> WHEREAS, in light of the new state legislation requiring the Town have land use
<br /> regulations or ordinances regulating or prohibiting the cultivation of medical marijuana
<br /> commencing on March 1, 2016, the Town considered the adoption of this urgency ordinance in
<br /> Ordinance 561 Page 2
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