REPORT TO PLANNING COMMISSION
SUBJECT
Title
Adopt ordinance amending Chapter 9.86 the Sunnyvale Municipal Code and amending various sections of Title 19 to update the existing prohibition against commercial marijuana activity in the City to expressly include non-medical marijuana, to reasonably regulate indoor personal cultivation of marijuana consistent with state law, and to prohibit outdoor personal cultivation of marijuana. Exempt from CEQA pursuant to CEQA Guidelines sections 15061(b)(3) and 15305.
Report
BACKGROUND
Sunnyvale Municipal Code (including Chapter 9.86 Public Peace, Safety or Welfare code and Title 19 Zoning code) has included an express ban on medical marijuana dispensaries since 2010. In early 2016, in response to the Medical Marijuana Regulation and Safety Act (now known as the Medical Cannabis Regulation and Safety Act or MCRSA), a law which required cities to take affirmative action to prohibit or regulate cultivation and delivery of medical marijuana, the Sunnyvale City Council amended the Sunnyvale Municipal Code (SMC) to explicitly prohibit medical marijuana cultivation, delivery, and commercial marijuana activity within the City of Sunnyvale. The City viewed those amendments as merely making explicit the City's longstanding practice prohibiting cultivation and commercial activity, as the City's existing permissive zoning scheme did not address those issues.
On November 8, 2016, California voters approved the Control, Regulate, and Tax Adult Use of Marijuana Act (AUMA). The AUMA legalizes the possession, use, and cultivation of non-medical marijuana by individuals age 21 or older and authorizes a comprehensive state system to regulate commercial marijuana activity.
The provisions of the AUMA related to personal possession, use, and cultivation of non-medical marijuana became effective on November 9, 2016. The AUMA allows for the cultivation of up to six marijuana plants in or upon the grounds of a private residence. Cities may not comp...
Click here for full text