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ATTACHMENT 1 <br />ATTY/ORD.420/MORATORIUM ON MARIJUANA CULTIVATION FACILITIES <br />REV: 01-21-16 RL <br />Page 5 of 7 <br />regarding marijuana cultivation, the potential public health, safety, and welfare <br />consequences of not having a marijuana cultivation regulation or ordinance in place by <br />March 1st, and 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, an interim prohibition on marijuana cultivation and the issuance of any permits <br />and/or entitlements relating to marijuana cultivation is necessary for a period of 45 days. <br />The loss of local land use control over marijuana cultivation would result in a current and <br />immediate threat to the public health, safety, and welfare; and <br /> <br />WHEREAS, in order to avoid the immediate threat to public health, safety, and <br />welfare that could result from the establishment or attempted establishment of <br />commercial cannabis activities, an interim prohibition on commercial cannabis activities <br />and the issuance of any permits and/or entitlements relating to such activities is <br />necessary for a period of 45 days; and <br /> <br />WHEREAS, an initial period of 45 days will permit City staff to undertake an initial <br />investigation of these matters and recommend a course of action to the City Council; and <br /> <br />WHEREAS, Government Code section 65858 authorizes the adoption of an <br />interim urgency ordinance to protect the public health, safety, and welfare, and to prohibit <br />land uses that may conflict with land use regulations that a city’s legislative bodies are <br />considering, studying, or intending to study within a reasonable time; and <br /> <br />WHEREAS, failure to adopt this moratorium would impair the orderly and effective <br />implementation of contemplated amendments to the Zoning Ordinance; and <br /> <br />WHEREAS, the City Council further finds that this moratorium is a matter of local <br />and City-wide importance and is not directed towards any particular person or entity that <br />seeks to cultivate marijuana or operate a commercial cannabis activity in Redwood City. <br /> <br />NOW, THEREFORE, THE COUNCIL OF THE CITY OF REDWOOD CITY DOES <br />ORDAIN AS FOLLOWS: <br /> <br />SECTION 1. Findings. The above recitals are incorporated herein and are each <br />relied upon independently by the City Council for its adoption of this interim ordinance. <br /> <br />SECTION 2. Authority. This Ordinance is adopted pursuant to the provisions set <br />forth in Government Code section 65858(b) and pursuant to other applicable law. <br /> <br />SECTION 3. Imposition of Temporary Moratorium. In accordance with the <br />authority granted the City under Government Code section 65858(b), and pursuant to the <br />findings stated herein, the City Council hereby finds that: (1) there exists a current and <br />9.A. - Page 11