On Tuesday, the City of Oakley will look to adopt an ordinance to establish interim regulations for cultivation of marijuana within the Oakley city limits.
Under an urgency ordinance, it required 4/5 of the council to establish interim regulations.
According to the staff report, the city has received two separate inquiries regarding whether the city has any regulation dealing with the cultivation of marijuana. Because such cultivation can lead to adverse impacts, staff believes that it is prudent to propose regulations dealing with the issue.
The staff report further highlighted that when marijuana is cultivated outdoors, it commonly produces a strong odor that many find to be unpleasant or noxious. The same is true for indoor cultivation when done improperly. Illicit indoor cultivation often involves excessive and potentially dangerous use of electricity. All cultivation runs the risk of burglaries and robberies as third persons take an interest in the marijuana production.
The city developed its ordinance around local and state court rulings and laws and is following a similar ordinance adopted by the City of Live Oak, as it held to be valid by an appellate court.
Under that ordinance, the thrust is to prohibit large-scale cultivation of marijuana, while offering a compassionate compromise allowing small cultivations for individual medical users. The ordinance prohibits cultivations, with the following exceptions:
- Indoor cultivation at the residence of a permitted medical marijuana user who resides on the property, cultivation occurring in the interior in an area of less than 50 square feet
- Marijuana plants are located at least 30 feet from any adjoining structures
- The location is at least 600 feet from any school property
- The cultivation is not visible from the exterior
- Lighting for the cultivation does not exceed 1,200 watts
- No illicit modifications have been made to the electrical system
- Plants are not for the person use of the permitted resident
- The cultivation does not become a commercial enterprise.
Oakley city staff is recommending that an urgency ordinance with these regulations be put into effect as soon as possible to avoid possible large-scale cultivations.
Staff is also suggesting this be an interim urgency ordinance so they can judge what amendments be necessary. They then will come back in 10-months to hold a public hearing to enact a permanent ordinance.
If You Go:
Tuesday, July 14, 2015
6:30 p.m.
Oakley City Council Chambers
3231 Main Street, Oakley, CA
1 comment
Oakley has bigger problems than pot get with the program this city is crank infested and u worry about a guy who smokes a joint kicks it on the couch then sleeps
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