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Home My WebLink About577 ORDINANCE 577 AN ORDINANCE OF THE TOWN OF LOS ALTOS HILLS AMENDING SECTIONS 10-1.202, 10-1.706 AND 10-1.804 OF THE LOS ALTOS HILLS MUNICIPAL CODE PROHIBITING THE CULTIVATION OF MEDICAL AND NONMEDICAL CANNABIS, EXCEPT FOR INDOOR AND OUTDOOR CULTIVATION FOR PERSONAL USE, AND PROHIBITING THE ESTABLISHMENT OF ALL COMMERCIAL MEDICAL AND NONMEDICAL CANNABIS OPERATIONS WITHIN THE TOWN LIMITS EXCEPT FOR DELIVERY BY STATE LICENSED BUSINESSES WHEREAS,on October 9,2015,Governor Brown signed Assembly Bills 243 and 266 and Senate Bill 643 (collectively known as the Medical Marijuana Regulation and Safety Act or"MMRSA"), which taken together create a broad state regulatory and licensing system governing the cultivation, testing, and distribution of medical marijuana, the manufacturing of marijuana products, and physician recommendations for medical marijuana, and provide immunity to marijuana businesses operating with both a state license and a local permit; and WHEREAS, on May 19, 2016, the City Council adopted Ordinance 562 prohibiting medical marijuana and cannabis cultivation, businesses, dispensaries, commercial operations, processing and delivery operations, with the exception of delivery of medical marijuana to qualified patients by legally licensed operators; and WHEREAS, on June 27, 2016, Governor Brown approved Senate Bill 837, which amended the MMRSA and renamed it the Medical Cannabis Regulation and Safety Act("MCRSA"); and WHEREAS, on November 8, 2016, voters in the State of California passed Proposition 64, the Control,Regulate,and Tax Adult Use of Marijuana Act("AUMA"),that allows for adults 21 years of age and older to possess, process, transport, purchase, obtain, or give away to another person 21 years of age or older without any compensation whatsoever up to 28.5 grams of marijuana or 8 grams of concentrated marijuana, and to cultivate up to six (6) living plants per private residence for personal use; and WHEREAS, on lune 27, 2017, the Governor approved Senate Bill 94, the Medicinal and Adult- Use Cannabis Regulation and Safety Act("MAUCRSA"), which reconciled the existing medical marijuana statutory framework under MCRSA and the recreational statutory framework adopted under the AUMA; and WHEREAS,the term"cannabis"instead of"marijuana"is used in MAUCRSA; WHEREAS,MAUCRSA permits a city to enact and enforce`reasonable regulations"to regulate the personal possession,planting,cultivation,harvesting,drying,or processing of cannabis 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 Ordinance 577 Page 1 cannabis and cannabis 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 medical cannabis 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 cannabis to minors; and WHEREAS, it is reasonable to conclude that medical and nonmedical cannabis dispensaries, cultivation facilities,and commercial 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 and nonmedical cannabis dispensaries, outdoor cultivation, and commercial operations; and WHEREAS, in light of new state legislation that the State would issue licenses for commercial nonmedical cannabis operations by January 1, 2018, the City Council adopted Ordinance 573 on December 14, 2017, an urgency ordinance that took effect immediately and amended the Zoning Ordinance to prohibit cultivation of cannabis including personal outdoor cultivation and prohibiting the establishment of all commercial cannabis operations within the limits of the Town of Los Altos Hills; WHEREAS,the City Council adopted Ordinance 574 on February 15,2018,to extend the urgency ordinance for ten(10)months and fifteen(15)days; WHEREAS,the Planning Commission of the Town of Los Altos Hills conducted a public hearing on June 7, 2018 and recommended prohibiting outdoor cannabis cultivation and prohibiting all commercial cannabis activity/operations except for the delivery of cannabis by a licensed commercial cannabis business established outside of Town limits to an adult individual in accordance with state law; and WHEREAS, the City Council of the Town of Los Altos Hills conducted a public hearing on August 16, 2018, accepted public comment,waived the first reading and introduced the ordinance prohibiting the cultivation of medical and nonmedical cannabis, except for indoor and outdoor cultivation for personal use as allowed by state law, and prohibiting all commercial cannabis activity/operations within Town limits except for the delivery of cannabis by a state licensed Ordinance 577 Page 2 commercial cannabis business established outside of Town limits to an adult individual in accordance with state law; 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. The foregoing recitals are true and correct and made a part of this Ordinance. 2. By adopting the ordinance, the Town will satisfy the requirement under the new state legislation that an application for a state license for commercial nonmedical cannabis 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 cannabis activity/operations. 3. The Town of Los Altos Hills Zoning Code is hereby amended where and as necessary to prohibit cultivation of cannabis and all commercial cannabis activity/operations in the Town of Los Altos Hills,except for delivery of cannabis by a licensed commercial cannabis business established outside of Town limits to adult individuals in accordance with state law. 4. 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. 5. 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 H. AMENDMENTS. The City Council hereby amends the following sections of the Los Altos Hills Municipal Code to read as follows. Sections and subsections that are not amended by this ordinance are not included below, and shall remain in full force and effect. Ordinance 577 Page 3 1. Section 10-1.202 Designated,is hereby amended by modifying the following definitions: Cannabis delivery operations means the commercial transfer of cannabis or cannabis products from a licensed commercial cannabis business established outside of Town limits to an adult customer in accordance with state law. "Delivery" also includes the use by a retailer of any technology platform owned and controlled by the retailer or independently licensed under the state that enables qualified patients and primary caregivers to arrange for or facilitate the commercial transfer by a licensed dispensary of medical cannabis or medical cannabis product. 2. Section 10-1.706 Prohibited uses,is hereby amended to read as follows: The following uses are prohibited in the Residential-Agricultural District(R-A): (a) Medical and nonmedical cannabis cultivation, except for indoor and outdoor cultivation of amounts legally authorized for personal use per Section 11362.1 of the California Health and Safety Code. Outdoor cultivation for personal use must be done in a secured location,shall not be visible from the public right-of-way,and shall not be located within building setbacks or within an casement granted to the Town of Los Altos Hills; (b) All commercial medical and nonmedical cannabis activities except delivery by legally licensed commercial cannabis businesses established outside of Town limits in accordance with state law; (c) Medical and nonmedical cannabis dispensaries; (d) Processing of medical and nonmedical cannabis except for the amounts legally authorized for personal use as defined by Section 11362.1 of the California Health and Safety Code. 3. Section 10-1.804 Prohibited uses,is hereby added to read as follows: The following uses are prohibited in the Open Space Reserve District(OSR): (a) Medical and nonmedical cannabis cultivation, except for indoor and outdoor cultivation of amounts legally authorized for personal use per Section 11362.1 of the California Health and Safety Code. Outdoor cultivation for personal use must be done in a secured location, shall not be visible from the public right-of-way, and shall not be located within building setbacks or within an easement granted to the Town of Los Altos Hills; (b) All commercial medical and nonmedical cannabis activities except delivery by legally licensed commercial cannabis businesses established outside of Town limits in accordance with state law; (c) Medical and nonmedical cannabis dispensaries; (d) Processing of medical and nonmedical cannabis except for the amounts legally authorized for personal use as defined by Section 11362.1 of the California Health and Safety Code. Ordinance 577 Page 4 SECTION III. 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 IV. EFFECTIVE DATE AND PUBLICATION. This ordinance shall take effect thirty(30) days after adoption. Within fifteen (15) 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. INTRODUCED: August 16, 2018 PASSED: September 20,2018 AYES: Councilmember Corrigan, Councilmember Waldeck, Councilmember Wu NOES: Mayor Radford, Mayor Pro Tem Spreen ABSTENTIONS: None ABSENT: None // �� ///J BY: 4� �'�ttc-vim lX ayor ATTEST: City Clerk AP OVED AS TO FORM: City Attorney Ordinance 577 Page 5