18 - Laserfiche WebLink

Apartment managers described a range of rules and experiences with smoking limitations. Some managers have projects where smoking is completely prohibited. They note that their residents who smoke often walk off-site and smoke on nearby public sidewalks. Other managers have prohibitions on smoking within apartments and common areas, but have an outdoor area where smoking is permitted and a trash can and a bench are provided. The managers and owners expressed concerns about medical marijuana accommodations and recreational marijuana smoking.2 Managers and owners also discussed long-term tenants who are smokers, where would those people go if a complete prohibition was adopted, whether a designated building where smoking is allowed would work, and timing to changes lease terms. Commission / Staff Recommendations Before drafting an ordinance to restrict smoking in multifamily rental housing, Housing Commission recommendations are requested for the following issues (with staff recommendations listed for each): Issue for Commission Staff Recommendation Recommendation 1. Minimum number of units for project to be Three or more(to avoid regulating duplexes,where owner often subject to restrictions occupies one of the two units) 2. Where to prohibit smoking: inside units, Yes, all those are areas where secondhand smoke can impact balconies, patios, common areas, and 25'from others buildings Yes, at discretion of owner, only allow smoking inside units in a 3. Whether to allow smoking units building that is physically separate from other non-smoking units; restriction to indoor smoking prevents secondhand smoke drift from patios or balconies Yes, at discretion of owner,at least 25'from buildings and 4. Whether to allow for outdoor smoking area common assembly areas(meaning not within 25'feet of swimming pool or BBQ area, but can be within 25'of path or landscaped area) Prohibit outdoor smoking of medical and recreational marijuana; but for reasonable accommodation(as determined by owner/manager) medical marijuana can be smoked inside of a 5. How to treat marijuana unit. This limits expose of others to outdoor drift of smell of marijuana and secondhand smoke. Would limit medical marijuana smoking to those who can document that edibles or THC pills do not work. 6. Whether to require signage Leave to discretion of owner/manager 2 The"Control, Regulate and Tax Adult Use of Marijuana Act", Prop. 64(Nov. 2016)will allow adults to possess and smoke marijuana. However, Prop. 64 prohibits smoking of marijuana in"public places"or where smoking is otherwise prohibited: "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 construed to permit any person to: (1) Smoke or ingest marijuana or marijuana products in any public place. except in accordance with Section 26200 of the Business and Professions Code. (2) Smoke marijuana or marijuana products in a location where smoking tobacco is prohibited...." Page - 3 -