The city council of Hanford finds and declares as follows:
A.
In 1996, the voters of the state of California approved Proposition 215, codified as California Health and Safety Code Section 11362.5, "Compassionate Use Act of 1996." The intent of Proposition 215 was to allow persons who are in need of cannabis for medical purposes, under limited and specified circumstances, to obtain and use it without fear of criminal prosecution.
C.
In 2011, Assembly Bill 2650 was enacted, codified as California Health and Safety Code Section 11362.768. This law affirms that city governments may restrict the location and establishment of a medical cannabis collective or dispensary through local ordinances.
D.
On October 9, 2015, almost 20 years after passage of the Compassionate Use Act, the Governor signed the Medical Marijuana Regulation and Safety Act ("Act"), comprised of California legislative bills AB 243, AB 266, and SB 643. The Act creates a comprehensive state licensing system for the commercial cultivation, manufacture, retail sale, transport, distribution, delivery, and testing of medical cannabis, all subject to local control. One of the purposes of the Act is to ensure uniformity among jurisdictions that wished to allow commercial cannabis operations.
E.
In 2014 and as amended in 2015, the city adopted Chapter 8.32 of the Hanford Municipal Code pertaining to medical cannabis. The existing medical cannabis ordinance places a complete ban on cannabis cultivation, processing, deliveries, and dispensaries in the city based upon various health, safety and welfare and land use findings relating to cannabis cultivation, dispensing, and consumption, which findings are incorporated herein by reference.
F.
Pending before the voters in November 2016 is the Adult Use of Marijuana Act ("AUMA"). The purpose of AUMA is to establish a comprehensive system to legalize, control and regulate the cultivation, processing, manufacture, distribution, testing, and sale of nonmedical cannabis, including cannabis products. Adults, age 21 and older, will be allowed to possess cannabis and grow certain amounts at home for personal use if AUMA is approved by the voters.
G.
The city of Hanford has identified a number of health, safety, and welfare concerns associated with cannabis activities. These concerns are set forth in the findings sections as previously reported in the medical cannabis ordinance. These concerns continue and have been exemplified throughout Kings County and the state as evidenced by numerous area agency police reports and news articles and stories.
H.
Cannabis collectives or dispensaries operated in Fresno and Kern Counties for several years with minimal local regulation and had been the subject of armed robberies with shots fired, incidents with juveniles and young adults, and closure and arrests of operators for violation of both state and federal laws, including seizure of illegal firearms. Some of the individuals arrested would be disqualified from operating a cannabis collective or dispensary based on reasonable standards relating to their criminal history backgrounds. Other public agencies have documented violence related to the operation of a cannabis collective or dispensary. A cannabis collective or dispensary results in loitering, increased traffic, noise, and loss of trade for other businesses located nearby. A cannabis collective or dispensary is harmful to the welfare of the surrounding community and its residents and constitutes a public nuisance.
I.
Unrestricted cannabis cultivation in the city would pose an urgent and immediate threat to the public peace, health and safety. Other jurisdictions have experienced adverse impacts from outdoor cultivation of medical cannabis, including offensive odors, trespassing and burglary, and acts of violence in connection with the commission of such crimes or the occupants' attempts to prevent such crimes. Cannabis grows emerged in Fresno and Kern Counties, which were very visible by the public, including children and youths. Some of these grows contained boobytrap devices that threatened severe bodily harm or death to those who attempted to access them. During the harvest and processing season, there is an immediate threat of violent crime due to the size, location, and monetary value of these mature cannabis grows.
J.
Unrestricted cannabis grows create a nuisance and threaten the safety and property of nearby landowners and their families. The strong odor of cannabis plants, which increases as the plants mature, is offensive to many individuals and creates an attractive nuisance, alerting people to the location of valuable cannabis plants, which creates a risk of crime.
K.
Unrestricted indoor cannabis grows create hazards. Equipment utilized for indoor cultivation, including heat lamps, requires large amounts of electricity. Many buildings, including residences, are not equipped for such power needs and modifications to electrical systems to provide the required power are a common cause of fires. The ventilation systems of many structures, including homes, are not equipped for the indoor cultivation of cannabis; ventilation rates are sometimes intentionally reduced to increase carbon dioxide levels, which is conducive to plant growth. Inadequate ventilation, coupled with temperature and humidity levels involved with indoor cannabis cultivation, can result in fungal growth, which could endanger the health of building inhabitants and others, including first responders, who may enter such buildings. Some indoor cultivation operations utilize carbon dioxide-generating equipment that burns fossil fuels, which also creates carbon monoxide and other potentially dangerous substances resulting from the combustion process; carbon monoxide and similar combustion-related byproducts can be deadly to building inhabitants, especially in instances of inadequate ventilation. The use of pesticides and fertilizers by unqualified persons may result in health risks to the inhabitants of buildings in which cannabis cultivation occurs and to the surrounding neighborhood.
L.
If cannabis grows are not regulated, large quantities of illegal cannabis could be introduced into the local market in the near term.
M.
Cannabis, alone or in combination with food products, may constitute a unique health hazard to the public because, unlike all other ingestibles, cannabis is not presently regulated, inspected, or analyzed for contamination by the state or federal government and could contain harmful chemicals and contaminants from unapproved sources that could endanger the already poor health of ill persons and the good health of others. Children are particularly vulnerable to the effects of cannabis use, and the presence of cannabis plants has proven to be an attractive nuisance for children, creating an unreasonable hazard in areas frequented by children such as schools, parks, and similar location.
N.
Cannabis varies in quality, with significant variations in the concentration of the active ingredient tetrahydrocannabinol (THC). Consumers cannot accurately ascertain the strength of the drug when they buy it. Also, it cannot be assured that customers will be adequately warned that cannabis use impairs the user's fine motor skills and negatively affects the safe operation of motor vehicles. A new trend entails the extraction of THC from cannabis through a process that utilizes volatile chemicals. Fires and explosions have occurred in other jurisdictions as a result of the flammable chemicals utilized in this extraction process.
O.
The city has a compelling interest in protecting the public health, safety, and welfare of its residents and businesses, in preserving the peace and quiet of the neighborhoods in which a medical cannabis collective or dispensary could operate and in which cannabis could be cultivated.
(Ord. 14-11 § 1, 2014; Ord. 16-11 § 1, 2016; Ord. 17-18 § 1, 2017; Ord. No. 23-05, 1/16/2024)