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ATTACHMENT 1 <br />ATTY/ORD.420/MORATORIUM ON MARIJUANA CULTIVATION FACILITIES <br />REV: 01-21-16 RL <br />Page 3 of 7 <br />WHEREAS, the Zoning Ordinance does not have express provisions regarding <br />marijuana cultivation and commercial cannabis activities. They are not listed as permitted <br />or conditionally permitted land uses in the Zoning Code and are therefore prohibited in <br />Redwood City under principles of permissive zoning (City of Corona v. Naulls (2008) 166 <br />Cal.App.4th 418, 431-433) ; and <br /> <br />WHEREAS, however, based on the ambiguous language of Health and Safety <br />Code section 11362.777(c) (4), the City Council has determined that an express Zoning <br />Ordinance regulation regarding marijuana cultivation is necessary in order to ensure that <br />the state does not become the sole licensing authority for marijuana cultivation within <br />Redwood City after March 1, 2016, and to avoid unnecessary litigation with regard to the <br />City’s compliance with Health and Safety Code section 11362.777(c) (4). The new state <br />law does not define what “sole licensing authority” would mean in this context, but it could <br />mean that a city loses the ability to either prohibit marijuana cultivation or impose <br />regulations upon such a land use. At a minimum, this uncertainty could result in costly <br />litigation for the City; and <br /> <br />WHEREAS, furthermore, the question of whether marijuana cultivation is <br />prohibited under principles of permissive zoning is another potential source of costly <br />litigation. In City of Corona v. Naulls, the issue of whether Corona’s zoning code was <br />permissive was disputed. Although the trial court and appellate court resolved the matter <br />in favor of Corona, the city was required to present evidence on the issue; and <br /> <br />WHEREAS, it is imperative that the City retain local land use control over <br />marijuana cultivation and commercial cannabis activities. Several California cities and <br />counties have experienced serious adverse impacts associated with and resulting from <br />medical marijuana dispensaries and cultivation sites. According to these communities and <br />according to news stories widely reported, medical marijuana activities, including <br />cultivation sites, have resulted in and/or caused an increase in crime, including burglaries, <br />robberies, violence, and illegal sales of marijuana to, and use of marijuana by, minors <br />and other persons without medical need in the areas immediately surrounding such <br />medical marijuana activities. There have also been large numbers of complaints of odors <br />related to the cultivation and storage of marijuana. Marijuana cultivation sites are often <br />associated with illegal construction, unsafe electrical wiring, excessive water use, and fire <br />hazards; and <br /> <br /> WHEREAS, a California Police Chiefs Association compilation of police reports, <br />news stories, and statistical research regarding crimes involving medical marijuana <br />businesses and their secondary impacts on the community is contained in a 2009 white <br />paper report which is attached to the staff report presented to the City Council with this <br />9.A. - Page 9