Exhibit CC 10-18-2016 Item No. 14 Redline amended Ordinance No. 16-2153 Non-Medical MarijuanaOrdinance No.
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64 passes, the City Council hereby determines that the Municipal Code is in need of
further review and revision to protect the public against potential negative health, safety,
and welfare impacts and preserve local control over non-medical marijuana
establishments. Non-medical marijuana currently is prohibited under both state and
federal law.
0. Proposition 64 is on the California ballot for the November 8, 2016,
election which would decriminalize under state law recreational marijuana use,
cultivation, and distribution and further establish licensing program for non-medical
commercial cultivation, testing, and distribution of non-medical marijuana and the
manufacturing of non-medical marijuana products. However, such licenses will not be
issues issued at least until 2018.
P. Proposition 64 expressly preserves local jurisdictions' ability to adopt
and enforce local ordinances to regulate non-medical marijuana establishments including
local zoning and land use requirements, business license requirements, and the ability to
completely prohibit the establishment or operation of one or more types of non-medical
marijuana businesses.
Q. Proposition 64 further recognizes the City's ability to completely
prohibit outdoor planting, harvesting, cultivation or processing of non-medical
marijuana for personal use, and the City's ability to regulate indoor cultivation for
personal use.
R. The City does not take a formal position on Proposition 64, but in order
to preserve local control, the City confirms that such non-medical marijuana is prohibited
within the City to the fullest extent permitted by law.
S. Non-medical marijuana use, cultivation, and distribution is prohibited
by both state and federal law. A regular ordinance is unnecessary if Proposition 64 does
not pass. Moreover, the compacted time frame between now and the November General
Election does not provide sufficient time to consider and adopt a regular zoning code
amendment, which includes public notice, consideration by the Planning Commission,
and first and second reading before the City Council, an interim prohibition on
recreational use of marijuana and the issuance of any permits and/or entitlements relating
to marijuana cultivation is necessary for a period of 45 days. The loss of local land use
control over marijuana cultivation would result in a current and immediate threat to the
public health, safety, and welfare.
T. Government Code sections 36937 and 65858 authorize the adoption
of an interim urgency ordinance to protect the public health, safety, and welfare, and to