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personal use.2 The AUMA specifically provides that local governments may not prohibit such growing at home for personal use, but allows for only limited local regulation.3 The proposed ordinance adopts the most regulations allowed by the AUMA for home growing for personal use by: (a) limiting six plants per residence; (b) requiring growing to be indoors; (c) outdoor growing only allowed in an enclosed secure outdoor greenhouse where such plants are not visible to the public; and (d) other restrictions to ensure primary residential use, as well as address health and safety concerns. This ordinance is exempt from the California Environmental Quality Act (CEQA) per Guideline §15061(b)(3) as having no potential for an effect on the environment. As with all ordinances, the City can always make a policy decision to modify regulations. The proposed ordinance will ensure that a property owner or business person does not make a claim of any vested right to operate commercial nonmedical marijuana or hemp activities in the City immediately after the November election in the event the AUMA is approved by the voters. California Government Code §36937(b) requires that an urgency ordinance be adopted by a minimum 415th vote. This urgency ordinance is proposed to go into effect immediately if the AUMA is approved by voters on November 8, 2016, as by its terms provisions of the AUMA go into effect November 9, 2016. Submitted by: Approved by: ;SSA. 5-e-fib ikAV Larissa Seto Nelson Fialho Assistant City Attorney City Manager Attachment: Proposed urgency ordinance to amend Municipal Code Chapter 6.18 Marijuana and Hemp4 2 See AUMA Section 4.4 adding Section 11362.1 to the California Health & Safety Code providing (emphasis added): "(a)...it shall be lawful under state and local law, and shall not be a violation of state or local law, for persons 21 years of age or older to:...(3) Possess, plant, cultivate, harvest, dry, or process not more than six living marijuana plants and possess the marijuana produced by the plants;...". s See AUMA Section 4.5, adding Section 11362.2 to the California Health & Safety Code: providing, "(a) Personal cultivation of marijuana...(1) ...in accordance with local ordinances..(b)(1) A city, county, or city and county may enact and enforce reasonable regulations to reasonably regulate the actions and conduct in paragraph (3) of subdivision (a) of Section 11362.2....(2) Notwithstanding paragraph (1), no city...may completely prohibit persons engaging in the actions and conduct under paragraph (3) of subdivision (a) of Section 11362.1 inside of a private residence, or inside an accessory structure to a private residence located upon the grounds of a private residence that is fully enclosed and secure. (3)...a city...may completely prohibit persons from engaging in the actions and conduct under paragraph (3) of subdivision (a) of Section 11362.1 outdoors upon the grounds of a private residence...." 4 The attachment shows proposed modifications in track changes. If adopted, the codified ordinance will accept all changes. Page 3 of 3