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The original item was published from 12/22/2016 5:52:33 PM to 12/22/2016 5:57:01 PM.

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Posted on: December 22, 2016

[ARCHIVED] Marijuana Cultivation Maratoria - Government Code Section 65858(d) Report


On November 21, 2016, following a report from City staff and opportunity for public comment, the City Council of the City of Healdsburg adopted two interim ordinances as urgency measures pursuant to California Government Code Section 65858.  Ordinance No. 1156 established a 45-day moratorium on the outdoor cultivation of nonmedical marijuana, and Ordinance No. 1155 established a 45-day moratorium on the indoor cultivation of nonmedical marijuana except under specified circumstances.  These ordinances will expire on January 5, 2017.  A City Council public hearing will be scheduled for January 3, 2017, to consider extension of the ordinances for a period of 10 months and 15 days.

California Government Code Section 65858(d) provides that at least ten days before expiration of an interim ordinance or any extension, the legislative body shall issue a written report describing the measures taken to alleviate the condition which led to adoption of the interim ordinance(s). 

The subject interim ordinances were adopted in order to allow sufficient time for the City of Healdsburg to receive community input and for City staff to study whether to permanently regulate or, in the case of outdoor cultivation, permanently prohibit the cultivation of nonmedical marijuana in the wake of voter adoption on November 8, 2016, of Proposition 64, The Adult Use of Marijuana Act (“AUMA”). 

Since November 21, 2016, City staff has drafted an amendment to the City of Healdsburg Municipal Code Section 20.20.100: Marijuana Cultivation, recommending adoption of additional standards to regulate the cultivation, possession, processing, purchase or sale, exchange or transfer, and use of marijuana for recreational (nonmedical) purposes and to prohibit establishment or operation of any type of marijuana businesses within the City of Healdsburg, consistent with the State Health and Safety Code and The Adult Use of Marijuana Act. On December 13, 2016 the Planning Commission conducted a public hearing on the draft amendments and recommended approval of the amendment to the City Council. The City Council is expected to review and consider the amendment in January 2017, but it will not be able to do so prior to the expiration of the current interim ordinances.  An extension of the current ordinances is thus necessary to protect the public health, safety, and welfare.

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