§ 5.81.010. Findings and purpose.

A.

The City Council, based on evidence presented to it in the proceedings leading to the adoption of this chapter hereby finds that the lack of regulation of medical cannabis facilities other than cannabis dispensaries, including unregulated cultivation, manufacturing and processing of cannabis in the City has caused and is causing ongoing impacts to the community. These impacts include disparities in enforcement of drug laws, damage to buildings containing indoor cannabis cultivation facilities, including improper and dangerous electrical alterations and use, inadequate ventilation leading to mold and mildew, increased frequency of home-invasion robberies and similar crimes, and that many of these impacts have fallen disproportionately on residential neighborhoods. These impacts have also created an increase in response costs, including code enforcement, building, fire, and police staff time and expenses.

B.

The City acknowledges that the voters of the State have provided an exemption to prosecution for the cultivation, possession of cannabis for medical purposes under the Compassionate Use Act (CUA), but that the CUA does not address land use or building code impacts or issues arising from the resulting increase in cannabis cultivation within the City.

C.

The City acknowledges that sales of cannabis are subject to taxation by both the City and the State and that the California State Board of Equalization (BOE) is also requiring that businesses engaging in such retail transactions hold a seller's permit.

D.

The primary purpose and intent of this Chapter is to regulate non-dispensary cannabis facilities, including the cultivation of cannabis, in a manner that protects the public health, safety and welfare of the community, as authorized by the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA).

(Ord. 13464, § 3, 11-28-2017; Ord. No. 13425, § 3, 3-28-2017; Ord. No. 13371, § 3, adopted May 17, 2016)