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2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />Ordinance No. 0-11-17 <br />operation of one or more businesses licensed under the state licensing authority shall not approve <br />an application for a state license for a business to engage in commercial cannabis activity if <br />approval by the state license will violate the provisions of any local ordinance or regulation. The <br />MAUCRSA provides that a state licensing authority may begin issuing licenses to cannabis <br />businesses beginning January 1, 2018; and <br />WHEREAS, the California Attorney General's August 2008 Guidelines for the Security <br />and Non -Diversion of Marijuana Grown for Medical Use recognizes that the cultivation or other <br />concentration of marijuana in any location or premises without adequate security increases the risk <br />that nearby homes or businesses may be negatively impacted by nuisance activity such as loitering <br />or crime; and <br />WHEREAS, under the Federal Controlled Substances Act, the use, possession, and <br />cultivation of marijuana are unlawful and subject to federal prosecution without regard to a claimed <br />medical need; and <br />WHEREAS, the indoor cultivation of marijuana has potential adverse effects to the health <br />and safety of the occupants; including structural damage to the building due to increased moisture <br />and excessive mold growth which can occur and can pose a risk of fire and electrocution; <br />additionally, the use of pesticides and fertilizers can lead to chemical contamination within the <br />structure; and <br />WHEREAS, based on the experiences of other cities, these negative effects on the public <br />health, safety, and welfare are likely to occur, and continue to occur, in the City due to the <br />establishment and operation of marijuana cultivation, processing, and distribution uses; and <br />WHEREAS, commercial outdoor cultivation has potential adverse effects to the health, <br />safety, and welfare of the community; including increased risk of crime, decreased property values, <br />and decreased aesthetic values; and <br />WHEREAS, based on the experiences of other cities, these negative effects on the public <br />health, safety, and welfare are likely to occur, and continue to occur, in the City due to the <br />establishment and operation of marijuana cultivation, processing, and distribution uses; and <br />WHEREAS, limiting the acreage of commercial marijuana cultivation and restricting the <br />location of commercial marijuana cultivation facilities are reasonable and rational methods of <br />limiting the negative effects; and <br />WHEREAS, the subject Municipal Code Amendment is not subject to the California <br />Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2), 15060(c)(3) and <br />15061(b)(3). The activity is not subject to CEQA because it will not result in a direct or reasonably <br />foreseeable indirect physical change in the environment; the activity is not a project as defined in <br />Section 15378, and the activity is covered by the general rule that CEQA applies only to projects, <br />which have the potential for causing a significant effect on the environment. Where it can be seen <br />with certainty that there is no possibility that the activity may have a significant effect on the <br />environment, the activity is not subject to CEQA; and <br />-3- <br />