MEDICAL MARIJUANA ORDINANCE
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1 5.A-Staff Presentation Distributed 5/19/19 MEDICAL MARIJUANA ORDINANCE FILE #: MISC Town of Los Altos Hills City Council Meeting May 19, 2016
2 Previous City Council Meeting Consider Modifying the Ordinance to allow for Personal Cultivation due to requests from qualified patients/residents Sheriff s Department stated that cultivation operations on rural residential properties can lead to increased fire risk, property damage, odor complaints, crime, uncontrolled access to minors, and environmental problems Council agreed that Commercial Operations should be prohibited but requested additional information from staff on personal cultivation requirements in other communities Staff to provide samples of regulations for personal cultivation from other surrounding jurisdictions with similar land uses and densities to LAH and to provide information on environmental impacts
3 Existing State Laws on Personal Cultivation of Marijuana State does not regulate cultivation by a qualified patient if crop area does not exceed 100 square feet, it is for their own personal medical use, and they do not sell, distribute, donate or provide medical marijuana to another person or entity Allows a primary caregiver to cultivate up to 500 square feet exclusively for the personal medical use of no more than five specified qualified patients under their care State does not prevent a city or county from regulating or banning the cultivation of marijuana or impair the enforcement of that regulation or ban.
4 Table with Local Regulations Jurisdiction Allow Commercial Operations Allow Personal Cultivation Special Regulations for Cultivation Atherton No No N/A Cupertino No Yes per state regulations None Hillsborough No No N/A Los Altos No No N/A Monte Sereno No Pending Regulations N/A Portola Valley No No N/A Santa Clara No Yes Yes County Woodside No Yes per state regulations None
5 Santa Clara County Personal Cultivation Regulations Cultivation must take place at the patient s or primary caregiver s residence Limited to either one indoor or one outdoor location Indoor cultivation area limited to one room and 50 sq.ft. Outdoor cultivation limited to 12 plants Maximum amount of storage 8 oz. of processed medical marijuana or an amount reasonable to meet the patient s needs Landlord s written permission required Cultivation is not visible or detectable from any other property or the street Obtain all necessary permits for electrical components and water use Total wattage of grow lights may not exceed 1,200 watts Outdoor cultivation areas must be surrounded by locking fence Marijuana plants may not exceed the height of the fence Prohibited in the front yard and in side and rear yard setbacks and not permitted within 1,000 feet of schools, parks, school bus stops
6 Public Safety Sheriff s Department does not recommend legalizing the cultivation of marijuana in LAH based on enforcement and regulation issues, accessibility to minors and susceptability of use to criminal acts Environmental Impacts Most environmental impacts associated with marijuana cultivation center on large illegal grow operations on public lands Impacts from small personal plots are minimal and would be similar to impacts from a typical homeowner s garden with regard to the use of pesticides and herbicides
7 Conclusion The Medical Marijuana Ordinance will maintain local control of the land use. The City Council can always modify the regulations in the future. The majority of communities that are similar in size and land use to LAH do not permit cultivation based on potential detrimental impacts from permitting the use Should the Council choose to allow personal cultivation, then strict regulations should be adopted concurrently to ensure proper regulation of the use
8
9 Background November 1996 Proposition 215 approved by California voters allowing for the use of medical marijuana for qualified patients. January 2004 State clarifies medical marijuana program by developing standards for identification cards, collectives, cultivation of cannabis. October 2015 Governor signs Assembly Bills 243 and 266 and Senate Bill 643 (aka Medical Marijuana Regulation and Safety Act or MMRSA) which create a regulatory and licensing system governing the cultivation, testing and distribution of medical marijuana, manufacturing of products and physician recommendations. Protects rights of local jurisdictions to regulate medical marijuana. The MMRSA contains specific language regarding cannabis cultivation - If a local agency does not have regulations in place by March 1, 2016, then the State becomes the sole licensing authority.
10 Current Town Regulations Section (a) of LAHMC establishes permissive zoning principles by stating that any use not listed as permitted or conditionally permitted is prohibited from being established or from operating in the respective zoning districts Town has two zoning districts Residential Agricultural (R-A) and Open Space Reserve (OSR) Based on permissive zoning, no commercial medical marijuana operations are permitted. However, agriculture is permitted in both districts and the cultivation of cannabis would be categorized as an agricultural use (the definition of agriculture in the LAHMC includes crop farming)
11 Proposed Ordinance Prohibits the establishment of cannabis dispensaries, cultivation (including for personal use), and all other commercial cannabis operations within Town limits Basis for recommending prohibition: Cannabis operations may have an adverse impact on residents in the community Limited time frame to enact new regulations (must be enacted by March 1, 2016 Urgency ordinance is needed) No history of requests from residents to establish cannabis operations Does not prevent the Town from modifying regulations in the future State will become the licensing authority for cannabis cultivation if no changes are adopted and the Town will relinquish its authority to regulate this use
12 Proposed Code Amendments Amend Section by adding new definitions for Cannabis, Cannabis cultivation, Cannabis delivery operations, Commercial cannabis activity, and Dispensary Amend Sections and by modifying the uses permitted in the R-A and OSR zoning districts Add Sections and creating a Prohibited uses subsection under the R-A and OSR zoning districts
13 Planning Commission Draft ordinance reviewed by the Planning Commission on January 6, 2016 Concerns were raised related to potential criminal activities associated with cultivation operations Two Commissioners recommended allowing for personal cultivation and for delivery to qualified patients (state law allows individuals to cultivate between 6 and 12 plants, unregulated, and a qualified patient can posses up to 8 dried ounces for their personal use) Commission voted 5-0 to recommend that the City Council adopt the ordinance as modified to allow for delivery to qualified residents in Town
14 Public Comment No public comment was received at the Planning Commission meeting. Public notices were placed in the newspaper and posted in three public places. No written public comments have been received as of January 25, 2016
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