Planning Commission
MEETING DATE: 1/18/2017
Title
CASE NO. Zoning Ordinance Amendment No. 16-003
APPLICANT: City of Cathedral City
LOCATION: Citywide
REQUEST: Adopt a resolution recommending that the City Council approve an ordinance permitting medical cannabis testing laboratories, transportation, distribution, and making other revisions to the medical cannabis business zoning regulations.
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STAFF PLANNER:
Pat Milos, Community Development Director
RECOMMENDATION:
Recommendation
APPROVE an exemption to the California Environmental Quality Act (CEQA) based on the finding that the project is exempt pursuant to the California Environmental Quality Act (CEQA) per Section 15061(b)(3), as this amendment is considered "Not a Project".
ADOPT A RESOLUTION RECOMMENDING THAT THE CITY COUNCIL APPROVE an ordinance permitting medical cannabis testing laboratories and transportation and distribution, and making other revisions to the medical cannabis business zoning regulations.
Body
FINDINGS:
(a) This Zoning Ordinance Amendment is consistent with the intent of the Zoning Ordinance. The Zoning Ordinance is “intended to protect the public health, safety and general welfare of the residents and to provide economic and social benefits from an orderly planned use of land resources.” This Zoning Ordinance Amendment is consistent with this intent in that it ensures that medical cannabis businesses are appropriately regulated and located within the City.
(b) This Zoning Ordinance Amendment is consistent with the established goals, policies and objectives of the General Plan. The General Plan aims to achieve “a land use plan and pattern that preserves and enhances the integrity of neighborhoods, districts and corridors, while optimizing the community’s natural assets, regional transportation systems, and opportunities for housing, employment and economic base-building.” This Zoning Ordinance Amendment will further that purpose by allowing medical cannabis businesses in appropriate locations and subject to regulations.
BACKGROUND:
At its meeting on August 24, 2016, the City Council held a work study session on further amendments to the City's ordinances regulating Medical Cannabis Businesses, including the Zoning Ordinance. Specifically, the Council considered whether to allow medical cannabis testing laboratories and medical cannabis transportation and distribution sites. The direction from the City Council was to allow testing laboratories by right (i.e. without a Conditional Use Permit) in those zones where similar laboratories are permitted. The direction from the City Council as to transportation and distribution sites was to allow those uses with a Conditional Use Permit from the Planning Commission in similar zones to where cultivation and manufacturing are currently conditionally permitted. In addition, the City Council has given direction to amend the CBP-2 zone to include Manufacturing Sites as conditionally permitted in that zone.
The City's special legal counsel with respect to medical cannabis issues, Vicente Sederberg, prepared the proposed ordinance implementing the direction received from the City Council.
On December 7, 2016, the Planning Commission held a public hearing on the draft ordinance, but had questions that staff was unable to answer. The Commission continued the hearing to January 18, 2017, and staff arranged to have Mr. Jordan Wellington from Vicente Sederberg attend the continued hearing to answer the Commission's questions.
In addition, subsequent to the January 18th meeting the Chair of the Commission submitted to staff some suggested additional revisions to Chapter 9.108 for consideration by the Commission.
ANALYSIS:
The proposed ordinance amends the Zoning Code to allow "testing laboratories" by right in the PPO (Planned Professional Office), PLC (Planned Limited Commercial), and NBP (Neighborhood Business Park) Districts. These zones allow medical and dental laboratories and/or clinics by right. A testing laboratory is defined in the Ordinance by reference to the definition in the State Law, which defines a testing laboratory as "the premises where tests are performed on medical cannabis or medical cannabis products and it holds a valid certificate of accreditation." The certificate of accreditation must come from a nonprofit organization that requires conformance to ISO/IEC 17025 requirements and is a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Arrangement for Testing.
The proposed ordinance also amends the Zoning Ordinance to allow "distribution sites" and "transportation sites" with a conditional use permit in the I-1 (Light Industrial), CBP-2 (Commercial Business Park), and PCC (Planned Community Commercial) Districts. Distribution and Transportation Sites will be subject to the same setback requirements from residential, East Palm Canyon Drive, and youth centers, day cares and schools as apply to cultivation and manufacturing sites.
A "distribution site" is a facility where medical cannabis is stored or inspected by a "distributor" (a person licensed to engage in the business of purchasing medical cannabis from a licensed cultivator, or medical cannabis products from a licensed manufacturer, for sale to a licensed dispensary) for the purposes of "distribution" (the procurement, sale, and transport of medical cannabis and medical cannabis products between licensed entities). In essence, a distribution site is a warehouse where items purchased at wholesale by the distributor are held prior to delivery to the dispensary that will sell the items at retail.
A "transportation site" is a facility where a "transporter" conducts business while not engaged in transport, or a facility where equipment used in transport is stored when not in use. A "transporter" is defined in the State law as a person who holds a license to transport medical cannabis or medical cannabis products about a certain amount (TBD) between licensees. Thus, a transportation site is a place where vehicles and other equipment are kept when not in use transporting medical cannabis. Neither the State nor the City Council have set an amount of medical cannabis that may be transported by a person or other licensed medical cannabis business without being considered a "transporter." Those amounts will be set through revisions to the licensing regulations.
In addition, the proposed ordinance adds manufacturing sites to the list of conditionally permitted uses in the CBP-2 zone and makes other clean up revisions to the Zoning Code. In particular, the ordinance changes all references to the Medical Marijuana Regulation and Safety Act, or MMRSA, to the Medical Cannabis Regulation and Safety Act, or MCRSA, consistent with revisions to State law that occurred after the adoption of the City's medical cannabis ordinances. Also, many of the citations to the MCRSA in the definitions needed to be revised to reflect renumbering that occurred after the City adopted its ordinances.
Finally, many of the Planning Commissioners and members of the public have expressed concerns with the influx of medical cannabis businesses into the community and have suggested that the City may need to consider amendments to its Zoning Ordinance to address concerns regarding the volume and siting of such businesses. The Planning Commission may discuss additional changes to the Zoning Ordinance related to medical cannabis and make a recommendation regarding additional changes it would like the City Council to incorporate into the final ordinance that is adopted. The Chair has suggested consideration of the following amendments to Chapter 9.108. If the Commission agrees that all or some of these additional changes should be added to Chapter 9.108, staff will forward those changes as a part of the Commission's recommendation to the City Council.
Separation of Similar Facilities:
• Reinstatement of the requirement for a one thousand foot minimum distance between dispensaries
Separation from Residential Areas:
• Expand the minimum distance between dispensaries and residential structures to match the distance between dispensaries as one thousand feet.
Definition of Separation
• Minimum distance requirement should be more clearly defined as the straight line, measured distance between two buildings at the closest points of the building footprint on site. Building footprint shall include any area within the building structure whether occupied space or not and as defined and/or delineated by the exposed finish material of the structure.
Separation from Youth and Recreation Facilities and Centers. In addition to a minimum distance from Schools and Daycare, also include other types of youth based facilities and/or youth gathering locations and recreation areas such as:
• Big League Dreams
• Soccer Fields
• Football Fields
• Parks
• Dance Studios
• Karate Studios
• Movie Theaters
• Arcades
• Video Game Retailers
• Skate Board Retailers
Architectural Context
• Exterior Façade:
- Retail and/or Manufacturing building exterior must be both compatible and complimentary to existing, adjacent and surrounding business establishments and should add visual quality and vibrancy to its adjacent neighbors
- Interior public spaces such as point of sale, product display, waiting rooms, etc., must be fully visible from the public way such that it compliments other adjacent business as a collective means of promoting a safe, lively and inviting business environment
- Windows requiring obscured view from public for “back of house” functions such as staff areas, storage, manufacturing, etc., shall be treated with opaque and/or translucent film or an opaque film applied mural or graphic artwork
- Security screens at windows and/or storefront entry doors shall be installed on the interior side and shall be of a type that allows visibility to public areas when closed
• Signage:
- Signage must remain consistent with current city requirements, but should clearly identify the establishment in conspicuous signage text, as a Medical Cannabis Dispensary, Cultivator and/or Manufacturer
• Lighting:
- Exterior lighting must be functional and provide security, but should also add visual quality and vibrancy to match and/or enhance its adjacent neighbors.
ENVIRONMENTAL ANALYSIS:
The ordinance is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to per Section 15061(b)(3), which this amedment is considered by CEQA as "Not a Project".
PUBLIC NOTIFICATION:
A public hearing notice was published in accordance with State law requirements. A copy of the notice is attached.
ATTACHMENTS:
Resolution No. ____
Exhibit "A": Proposed Ordinance
Memo on Testing, Distribution and Transportation
Public Hearing Notice