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Ord 2419
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Ord 2419
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Last modified
10/11/2019 2:49:50 PM
Creation date
10/11/2019 2:49:49 PM
Metadata
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Template:
CC Index
CC Index - Document Type
Ordinance
Meeting Type
Joint
Agency Type
City Council and Successor Agency and Public Financing Authority
Date
1/25/2016
Description
AN INTERIM ORDINANCE OF THE CITY OF REDWOOD CITY ESTABLISHING A MORATORIUM ON MARIJUANA CULTIVATION FACILITIES AND COMMERCIAL CANNABIS ACTIVITIES WITHIN THE CITY OF REDWOOD CITY PENDING COMPLETION OF A COMPREHENSIVE UPDATE TO ZONING ORDINANCE ARTICLE 59
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1/25/2016 <br /> WHEREAS, the Zoning Ordinance does not have express provisions regarding <br /> marijuana cultivation and commercial cannabis activities. They are not listed as <br /> permitted or conditionally permitted land uses in the Zoning Code and are therefore <br /> prohibited in Redwood City under principles of permissive zoning (City of Corona v. <br /> Naulls (2008) 166 Cal.App.4t" 418, 431-433) ; and <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 <br /> that the state does not become the sole licensing authority for marijuana cultivation <br /> within Redwood City after March 1, 2016, and to avoid unnecessary litigation with <br /> regard to the City's compliance with Health and Safety Code section 11362.777(c) (4). <br /> The new state law does not define what "sole licensing authority" would mean in this <br /> context, but it could mean that a city loses the ability to either prohibit marijuana <br /> cultivation or impose regulations upon such a land use. At a minimum, this uncertainty <br /> could result in costly litigation for the City; and <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 <br /> matter in favor of Corona, the city was required to present evidence on the issue; and <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 <br /> and according to news stories widely reported, medical marijuana activities, including <br /> cultivation sites, have resulted in and/or caused an increase in crime, including <br /> burglaries, robberies, violence, and illegal sales of marijuana to, and use of marijuana <br /> by, minors and other persons without medical need in the areas immediately <br /> surrounding such medical marijuana activities. There have also been large numbers of <br /> complaints of odors related to the cultivation and storage of marijuana. Marijuana <br /> cultivation sites are often associated with illegal construction, unsafe electrical wiring, <br /> excessive water use, and fire hazards; and <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 /> ATTY/ORD.420/MORATORIUM ON MARUUANA CULTIVATION FACILITIES Ord.2419 <br /> REV:01-21-16 RL FORMERLY MUFF#301 <br /> Page 3 of 7 <br />
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