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then,commencing March 1, 2016, the State Department of Food and Agriculture will become the sole licensing authority for marijuana cultivation in that jurisdiction; and I WHEREAS, medical marijuana and cannabis businesses, dispensaries, commercial operations, and delivery operations are not listed in the Zoning Code as either permitted or conditionally permitted land uses and are, therefore, prohibited under the Town's permissive zoning provisions,as set forth in Section 10-1.309,subdivision(a)of the Los Altos Hills Municipal Code; and WHEREAS, "agriculture"' is defined in the Los Altos Hills Municipal Code as "animal husbandry, livestock farming, flower growing, crop and tree fanning, and viticulture" and is a permitted use throughout the Town, and the growing and cultivation of medical marijuana or cannabis could be classified as "crop fanning;" and WHEREAS, many California communities have experienced adverse impacts and negative secondary effects from medical marijuana establishments and cultivation sites,including hazardous construction, unsafe electrical wiring, noxious odors and fumes affecting neighboring properties and businesses, increased crime in and around such land uses, and the diversion of medical marijuana to minors; and WHEREAS, it is reasonable to conclude that medical marijuana dispensaries, marijuana cultivation facilities, commercial medical marijuana or cannabis operations 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, medical marijuana and cannabis dispensaries, cultivation, and commercial operations; and WHEREAS,the Planning Commission of the Town of Los Altos Hills conducted a public hearing on January 6, 2016 and recommended prohibiting cannabis cultivation and commercial operations but permitting the delivery of medical cannabis to qualified individuals; and WHEREAS, the City Council of the Town of Los Altos Hills conducted public hearings on January 27, 2016 and February 18, 2016, accepted public comment, waived the first reading and introduced the ordinance prohibiting cannabis cultivation and commercial operations but permitting the delivery of medical cannabis to qualified individuals*; 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: Ordinance 562 Page 2