DATE: November 6, 2018
TO: Board of Supervisors
SUBMITTED BY: Daniel C. Cederborg, County Counsel
SUBJECT: Expiration of Interim Urgency Ordinance Establishing Moratorium on Nonmedical Marijuana Report
RECOMMENDED ACTION(S):
TITLE
Approve and authorize issuance of Report prepared pursuant to Government Code section 65858, subdivision (d), describing the measures taken to alleviate the condition which led to the adoption of Urgency Ordinance No. 17-001.
REPORT
Approval of the Report is required by California Government Code ? 65858, which requires the legislative body issue the Report at least ten days prior to the expiration of the Interim Urgency Ordinance. Interim Urgency Ordinance No. 17-001 will expire on December 5, 2018. Approval of the Report based on the forthcoming expiration of the Interim Urgency Ordinance is requested due to Board Agenda timing requirements for the item. This item is countywide.
ALTERNATIVE ACTION(S):
There is no viable alternative action as issuance of the Report is required by State law.
FISCAL IMPACT:
There is no Net County Cost associated with the recommended action.
DISCUSSION:
On December 6, 2016, your Board considered and adopted an Interim Urgency Ordinance prohibiting, in all Zone Districts of Fresno County, the possession, planting, cultivation, harvesting, drying, or processing of nonmedical marijuana outdoors on the grounds of private residences to the fullest extent permitted by State law, and the establishment or operation. On January 10, 2017, your Board extended the interim ordinance for an additional twenty-two (22) months and fifteen (15) days.
Since your Board extended the interim ordinance, County Counsel has begun the process of identifying changes to the Ordinance Code, which may be appropriate to address the threats posed by nonmedical marijuana. However, significant changes in State law and regulations implementing Proposition 64 and changes in neighboring jurisdictions' ordinances regarding mari...
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