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1/25/2016 WHEREAS, the Zoning Ordinance does not have express provisions regarding marijuana cultivation and commercial cannabis activities. They are not listed as permitted or conditionally permitted land uses in the Zoning Code and are therefore prohibited in Redwood City under principles of permissive zoning (City of Corona v. Naulls (2008) 166 Cal.App.4t" 418, 431-433) ; and WHEREAS, however, based on the ambiguous language of Health and Safety Code section 11362.777(c) (4), the City Council has determined that an express Zoning Ordinance regulation regarding marijuana cultivation is necessary in order to ensure that the state does not become the sole licensing authority for marijuana cultivation within Redwood City after March 1, 2016, and to avoid unnecessary litigation with regard to the City's compliance with Health and Safety Code section 11362.777(c) (4). The new state law does not define what "sole licensing authority" would mean in this context, but it could mean that a city loses the ability to either prohibit marijuana cultivation or impose regulations upon such a land use. At a minimum, this uncertainty could result in costly litigation for the City; and WHEREAS, furthermore, the question of whether marijuana cultivation is prohibited under principles of permissive zoning is another potential source of costly litigation. In City of Corona v. Naulls, the issue of whether Corona's zoning code was permissive was disputed. Although the trial court and appellate court resolved the matter in favor of Corona, the city was required to present evidence on the issue; and WHEREAS, it is imperative that the City retain local land use control over marijuana cultivation and commercial cannabis activities. Several California cities and counties have experienced serious adverse impacts associated with and resulting from medical marijuana dispensaries and cultivation sites. According to these communities and according to news stories widely reported, medical marijuana activities, including cultivation sites, have resulted in and/or caused an increase in crime, including burglaries, robberies, violence, and illegal sales of marijuana to, and use of marijuana by, minors and other persons without medical need in the areas immediately surrounding such medical marijuana activities. There have also been large numbers of complaints of odors related to the cultivation and storage of marijuana. Marijuana cultivation sites are often associated with illegal construction, unsafe electrical wiring, excessive water use, and fire hazards; and WHEREAS, a California Police Chiefs Association compilation of police reports, news stories, and statistical research regarding crimes involving medical marijuana businesses and their secondary impacts on the community is contained in a 2009 white paper report which is attached to the staff report presented to the City Council with this ATTY/ORD.420/MORATORIUM ON MARUUANA CULTIVATION FACILITIES Ord.2419 REV:01-21-16 RL FORMERLY MUFF#301 Page 3 of 7