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THE CITY OF 2 <br /> um lo n�E -oln Imo' CITY COUNCIL AGENDA REPORT <br /> pLEASANTON. <br /> August 15, 2017 <br /> City Attorney <br /> TITLE: SECOND READING / ADOPTION OF ORDINANCE NO. 2164 ADDING TO <br /> THE MUNICIPAL CODE A NEW CHAPTER 9.26 RESTRICTIONS ON <br /> SMOKING IN MULTIFAMILY RENTAL APARTMENTS AND A UNIFYING <br /> AMENDMENT TO §9.24.060, OR OPTIONS FOR MEDICAL MARIJUANA <br /> SUMMARY <br /> At the Council's June 20th meeting, it unanimously introduced Ordinance No. 2164 to <br /> prohibit smoking inside of apartments, on balconies and patios, within indoor and outdoor <br /> common areas, and also within 25 feet of these areas. Apartment owners may voluntarily <br /> establish an outdoor smoking area. As introduced, the ordinance allows a tenant to <br /> smoke medical marijuana inside of the tenant's unit as a reasonable accommodation <br /> under specific circumstances; and deletes references to snuff and chewing tobacco. <br /> Council requested further research about the ability to restrict smoking of medical <br /> marijuana. Options for medical marijuana include: <br /> Option 1 — Accommodate Inside. Allow tenant to smoke medical marijuana inside <br /> tenant's unit if tenant provides landlord written documentation that tenant needs it for <br /> medical purposes, no alternative means of delivery or ingestion are available, and <br /> tenant is unable to smoke outside. <br /> Option 2—Accommodate Outside. Permit tenant to smoke medical marijuana outside <br /> within a designated smoking area (if one has been established by the apartment <br /> owner) if tenant provides landlord with written documentation that tenant needs it for <br /> medical purposes and no alternative means of delivery or ingestion are available. <br /> Option 3 — Prohibit. Prohibit smoking of medical or non-medical marijuana inside or <br /> outside of unit. <br /> HOUSING COMMISSION RECOMMENDATION <br /> That the Council adopt the smoking restrictions in Ordinance No. 2164. With regard to <br /> medical marijuana, the Commission supported Option 1 — Accommodate Inside. <br /> RECOMMENDATION <br /> That the Council adopt (second reading) Ordinance No. 2164 to add to the Pleasanton <br /> Municipal Code a new Chapter 9.26 Restrictions on Smoking in Multifamily Rental <br /> Apartments, with unifying amendment to §9.24.060 (Attachment 1). This includes a <br /> reasonable accommodate for smoking medical marijuana inside of a unit (Option 1) under <br /> specific circumstances. <br />