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AgdaPkt 2016-01-25 Closed and Interview and Joint SA PFA
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AgdaPkt 2016-01-25 Closed and Interview and Joint SA PFA
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Last modified
1/26/2016 10:03:08 AM
Creation date
1/21/2016 6:15:24 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Successor Agency and Public Financing Authority
Date
1/25/2016
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Page 4 of 6 <br />concurrently planning a Zoning Ordinance amendment that will implement marijuana <br />regulation on a more permanent basis. <br /> <br />Many California cities have experienced negative secondary effects from medical <br />marijuana businesses, as demonstrated by the attached 2009 white paper from the <br />California Police Chiefs Association, the 2014 memorandum from the Santa Clara <br />County District Attorney, and various news stories from throughout the state. These <br />negative impacts have included unsafe construction and electrical wiring, noxious fumes <br />and odors, and increased crime in and around marijuana establishments. <br />The City Attorney’s office expects similar negative secondary impacts to radiate from <br />marijuana cultivation facilities and commercial cannabis activities newly licensed under <br />the MMRSA. The potential loss of local control over marijuana cultivation land uses and <br />the potential expansion of commercial cannabis activities will hinder Redwood City’s <br />ability to protect the public health, safety, and welfare from these deleterious secondary <br />effects of medical marijuana businesses. <br /> <br />The consequences for Redwood City if it does not have a marijuana cultivation <br />ordinance in place by March 1st could be significant. The law is ambiguous as to <br />whether cities will retain any regulatory control over cultivations facilities. If the state <br />becomes the sole licensing authority for marijuana cultivation in Redwood City, the City <br />may not be able to prohibit or regulate such facilities in the future. <br /> <br />As a result of the impending March 1, 2016 deadline, the potential public health, safety, <br />and welfare consequences of not having a marijuana cultivation regulation or ordinance <br />in place by March 1st, the potential for unnecessary and costly litigation involving the <br />interpretation of Health and Safety Code section 11362.777(c)(4) and its application to <br />the City, the anticipated proliferation of new medical marijuana businesses under the <br />new state laws, and the need to avoid the negative secondary effects of marijuana <br />cultivation and commercial cannabis activities, it is necessary that Redwood City’s <br />interim ordinance become effective immediately. This proposed interim ordinance would <br />prohibit the establishment or operation of marijuana cultivation facilities and commercial <br />cannabis activities throughout the City. These prohibitions expand upon the existing <br />prohibition of medical marijuana distribution centers contained in Zoning Ordinance <br />Article 59. This proposed interim ordinance will go into effect immediately and will <br />remain effective for 45 days unless extended. The City will concurrently undertake a <br />comprehensive review of its medical marijuana policies and regulations and propose a <br />Zoning Ordinance amendment regarding marijuana cultivation and commercial <br />cannabis activities. <br /> <br />ALTERNATIVES <br /> <br />9.A. - Page 4
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