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City of Pleasanton
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CITY CLERK
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2017
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
6/20/2017
DESTRUCT DATE
15Y
DOCUMENT NO
18
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Apartment managers described a range of rules and experiences with smoking limitations. Some <br /> managers have projects where smoking is completely prohibited. They note that their residents who <br /> smoke often walk off-site and smoke on nearby public sidewalks. Other managers have prohibitions on <br /> smoking within apartments and common areas, but have an outdoor area where smoking is permitted <br /> and a trash can and a bench are provided. <br /> The managers and owners expressed concerns about medical marijuana accommodations and <br /> recreational marijuana smoking.2 <br /> Managers and owners also discussed long-term tenants who are smokers, where would those people <br /> go if a complete prohibition was adopted, whether a designated building where smoking is allowed <br /> would work, and timing to changes lease terms. <br /> Commission / Staff Recommendations <br /> Before drafting an ordinance to restrict smoking in multifamily rental housing, Housing Commission <br /> recommendations are requested for the following issues (with staff recommendations listed for each): <br /> Issue for Commission Staff Recommendation <br /> Recommendation <br /> 1. Minimum number of units for project to be Three or more(to avoid regulating duplexes,where owner often <br /> subject to restrictions occupies one of the two units) <br /> 2. Where to prohibit smoking: inside units, Yes, all those are areas where secondhand smoke can impact <br /> balconies, patios, common areas, and 25'from others <br /> buildings <br /> Yes, at discretion of owner, only allow smoking inside units in a <br /> 3. Whether to allow smoking units building that is physically separate from other non-smoking units; <br /> restriction to indoor smoking prevents secondhand smoke drift <br /> from patios or balconies <br /> Yes, at discretion of owner,at least 25'from buildings and <br /> 4. Whether to allow for outdoor smoking area common assembly areas(meaning not within 25'feet of <br /> swimming pool or BBQ area, but can be within 25'of path or <br /> landscaped area) <br /> Prohibit outdoor smoking of medical and recreational marijuana; <br /> but for reasonable accommodation(as determined by <br /> owner/manager) medical marijuana can be smoked inside of a <br /> 5. How to treat marijuana unit. This limits expose of others to outdoor drift of smell of <br /> marijuana and secondhand smoke. Would limit medical <br /> marijuana smoking to those who can document that edibles or <br /> THC pills do not work. <br /> 6. Whether to require signage Leave to discretion of owner/manager <br /> 2 The"Control, Regulate and Tax Adult Use of Marijuana Act", Prop. 64(Nov. 2016)will allow adults to possess and smoke <br /> marijuana. However, Prop. 64 prohibits smoking of marijuana in"public places"or where smoking is otherwise prohibited: <br /> "SEC. 4.6. Section 11362.3 is added to the Health and Safety Code, to read: 11362.3. (a)Nothing in Section 11362.1 shall be <br /> construed to permit any person to: (1) Smoke or ingest marijuana or marijuana products in any public place. except in <br /> accordance with Section 26200 of the Business and Professions Code. (2) Smoke marijuana or marijuana products in a <br /> location where smoking tobacco is prohibited...." <br /> Page - 3 - <br />
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