HomeMy WebLinkAboutPlanning Commission Resolution 2018-05 02/13/2018RECOMMENDING THE CITY COUNCIL AMEND THE TEXT OF THE IMPLEMENTING ZONING
ORDINANCE, ORDINANCE 2300 N.C.S., CHAPTER 4 SECTION 4.030 - ALLOWABLE LAND USES AND
PERMIT REQUIREMENTS, AND CHAPTER 28 - GLOSSARY TO ACCOMMODATE COMMERCIAL
CANNABIS BUSINESSES IN BUSINESS PARK AND INDUSTRIAL ZONES SUBJECT TO AND IN
ACCORDANCE WITH CHAPTER 10.15 OF THE PETALUMA MUNICIPAL CODE, THE CITY OF
PETALUMA COMMERCIAL CANNABIS PERMIT REGULATIONS, AND OTHER APPLICABLE LAW
WHEREAS, in November, 2016, California voters approved the Control, Regulate and Tax Adult
Use of Marijuana Act, referred to in ballot materials as the Adult Use of Marijuana Act ("AUMA"), which
established a regulatory scheme for nonmedical marijuana similar to that established for medical
marijuana under the MMRSA; and
WHEREAS, following its adoption by California voters, the AUMA was codified in various provisions
of state law, including in Article 2 entitled "Cannabis" in the Uniform Controlled Substances Act within
the California Health and Safety Code, and in Division 10 entitled the "Medicinal and Adult -Use
Cannabis Regulation and Safety Act" of the California Business and Professions Code; and
WHEREAS, as codified in the California Health and Safety Code and the California Business and
Professions Code, the AUMA decriminalized for purposes of state law specified nonmedical cannabis
uses pursuant to California Health and Safety Code section 11362.1, including, possession, processing,
transporting, purchasing, obtaining and given away to persons 21 years old older, without
compensation, not more than 28.5 grams of non -concentrated cannabis or not more than 8 grams of
concentrated cannabis, including cannabis contained in cannabis products; possessing, planting,
cultivating, harvesting, drying or processing not more than six living cannabis plants and possessing the
cannabis produced by the plants; smoking or ingesting cannabis or cannabis products, and possessing,
transporting, purchasing, obtaining, using, manufacturing, or giving away to persons 21 years of age or
older without compensation cannabis accessories; and
WHEREAS, in response to enactment of the AUMA, the City Council introduced on November 13,
2017 and subsequently adopted on December 4, 2017, Ordinance no. 2634 N.C.S. repealing and
replacing former Chapter 10.15 of the Petaluma Municipal Code entitled "Medical Marijuana" with a
new chapter 10.15 entitled "Cannabis" extending the City's cannabis regulations to non-medical
cannabis uses in the City; and
WHEREAS, section 10.15.010 of Ordinance 2634 N.C.S. provides that the purpose of Chapter 15 is
to recognize and respect the will of the California voters in approving the AUMA through adoption of
less restrictive local cannabis regulations, while at the same time promoting the public health, safety
and welfare of the Petaluma community; and
WHEREAS, Section 10.15.040 of Ordinance 2634 N.C.S. authorizes certain limited commercial
cannabis activity, subject to issuance of a City permit therefore, for manufacture and wholesale sale of
topical or edible cannabis products, testing laboratories, and delivery -only retail sale at up to two
locations in the City; and
WHEREAS, Section 10.15.090 provides that the City Council shall adopt regulations or authorize
the City Manager to promulgate regulations intended to implement the requirements of Ordinance
2634 N.C.S.; and
WHEREAS, Section 10.15.040, paragraph (B) of Ordinance 2634 N.C.S. provides that the
commercial cannabis activities authorized under that section may only be carried out while and to the
Planning Commission Resolution No. 2018-05 Page 1
extent the activity is conducted pursuant to and in accordance with a current, valid, unexpired,
unrevoked, fully -paid, license, permit or other authorization or notice issued by an authorized city
official, and pursuant to and in accordance with all other applicable state and local laws and
regulation, including, but not limited to the regulations adopted or promulgated pursuant to section
10.15.090, and that such commercial cannabis activities may only be conducted in areas of the City
where such uses are permitted in accordance with the City's zoning regulations; and
WHEREAS, Section 25.010 of the City of Petaluma Implementing Zoning Ordinance (IZO) provides
in pertinent part that no amendment that regulates matters listed in Government Code Section 65850,
which matters include the use of buildings and structures, shall be made to the IZO unless the Planning
Commission and City Council find the amendment to be in conformity with the General Plan and
consistent with the public necessity, convenience and general welfare in accordance with Section
25.050(B) of the IZO; and
WHEREAS, the City Council found that due to the negligible environmental impacts anticipated
from enactment of new Chapter 10.15 of the Petaluma Municipal Code Ordinance 2634 N.C.S. was
exempt from CEQA pursuant to Sections 15061(b) (3), 15301 and 15303;
WHEREAS, on December 18, 2017, the City Council adopted regulations addressing such matters
as commercial cannabis permit eligibility, commercial cannabis business owner and employee
requirements, cannabis business location limitations, commercial cannabis permit applications,
renewals, transfers, denials and revocations, commercial cannabis businesses operating requirements,
and enforcement; and
WHEREAS, the text amendments contained in Exhibit A to this resolution to modify the City's
Implementing Zoning Ordinance, Chapter 4, Section 4.030 - Allowable Land Uses and Permit
Requirements and Chapter 28 - Glossary implement the requirements in Section 10.15.040(A) of the
Petaluma Municipal Code, and the City of Petaluma Commercial; and
WHEREAS, the text amendments contained in Exhibit A to this resolution involve uses that are
subject to compliance with all applicable state laws including the AUMA and the provisions of the
California Department of Toxic Substance Control; and
WHEREAS, the text amendments contained in Exhibit A to this resolution direct commercial
cannabis businesses to appropriate business park and industrial zones where similar uses are already
permitted, by allowing cannabis manufacturing and cannabis testing uses where non -cannabis
manufacturing and testing facilities are currently allowed; and
WHEREAS, the text amendments contained in Exhibit A to this resolution would allow qualified
commercial cannabis businesses to operate under City issued permits to 1: ) re -tenant existing
commercial and industrial facilities designed to support such uses; 2) replace, modify or otherwise
reconstruct existing commercial and industrial facilities with a new structure of substantially the same
size, purpose and capacity; and/or 3) construct new small structures including fences, gates,
greenhouses, and small scale commercial and industrial facilities; and
WHEREAS, on January 25, 2018, , public notice of the February 13, 2018 Planning Commission
meeting to consider the amendments was published in the Argus -Courier and sent to all members of
the public on the interested parties list for this item; and
WHEREAS, on February 13, 2018, the Planning Commission held a duly noticed public hearing in
accordance with Chapter 25 of the Implementing Zoning Ordinance to consider the amendments.
NOW THEREFORE BE IT RESOLVED by the Planning Commission of the City of Petaluma as follows:
1. The above recitals are hereby declared to be true and corrected and are incorporated into
this resolution as findings of the Petaluma Planning Commission.
Planning Commission Resolution No. 2018-05 Page 2
2. The text amendments contained in Exhibit A to this resolution, which exhibit is hereby made a
part of this resolution for all purposes, are exempt from CEQA pursuant to Sections
15061(b)(3), 15183, 15301, 15302 and 15303 of the CEQA Guidelines in that commercial
cannabis uses are only permitted in locations that already allow for similar non -cannabis
uses..
3. In accordance with Sections 25.010 and 25.050(B) of the City's Implementing Zoning
Ordinance, Ordinance no. 2300N.C.S., ("IZO"), the proposed amendments to the IZO in
Chapter 4, Section 4.030 - Allowable Land Uses and Permit Requirements and Chapter 28 -
Glossary contained in Exhibit are in general conformity with the Petaluma General Plan 2025
in that these changes do not change the general character and impacts of current zoning
regulations. In accordance with Section 25.050(B) of IZO, the proposed amendments are
consistent with the public necessity, convenience and welfare in that they:
a. Ensure Petaluma's land use and zoning regulations provide safe and appropriate
locations where testing, manufacturing and sale by delivery of Adult and Medical
Cannabis can occur consistent with Chapter 10.15 of the Petaluma Municipal Code
and the City of Petaluma Commercial Cannabis Permit Regulations adopted
December 18,2017;
b. Comply with Adult Use of Marijuana Act approved by the California voters in
November, 2017 and codified in California law as the Medicinal and Adult -Use
Cannabis Regulation and Safety Act ;
c. Comply with California Business and Professions Code sections 26000 - 26231.2 which
regulate the cultivation, distribution, transport, storage of adult use and medicinal
cannabis products for patients with valid physician's recommendations and adults 21
years of age and over; and
d. Provide for buffers to assure that establishments testing, manufacturing or selling
cannabis products are a safe distance from schools, child care centers, parks, and
residential land uses.
The proposed amendments, attached hereto as Exhibit A, are hereby recommended to the
Petaluma City Council for consideration and findings in accordance with Sections 25.010 and
25.050 of the City's Implementing Zoning Ordinance.
Planning Commission Resolution No, 2018-05 Page 3
ADOPTED this 13th day of February, 2018, by the following vote:
Commission Member
Aye
No
Absent
Abstain
Councilmember
Healy
X
Chair Benedetti-
Petnic
X
Alonso
X
Bauer
X
Gomez
X
Marzo
X
Vice Chair Wolpert
X
ATTEST:
Heather Hines, Corr ission Secretary
f Gina enedetti - Petnic, Chair
APPROVED AS TO FORM:
4
Lisa Tennenb m, Assistant
Planning Commission Resolution No. 2018-05 Page 4
Exhibit A
RAFT
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING THE TEXT OF THE
IMPLEMENTING ZONING ORDINANCE, ORDINANCE 2300 N.C.S., CHAPTER 4 SECTION 4.030 —
ALLOWABLE LAND USES AND PERMIT REQUIREMENTS AND CHAPTER 28 — GLOSSARY TO
ACCOMMODATE COMMERCIAL CANNABIS BUSINESSES IN BUSINESS PARK AND INDUSTRIAL ZONES
SUBJECT TO AND IN ACCORDANCE WITH CHAPTER 10.15 OF THE PETALUMA MUNICIPAL CODE, THE
CITY OF PETALUMA COMMERCIAL CANNABIS PERMIT REGULATIONS, AND OTHER APPLICABLE LAW
WHEREAS, in November, 2016, California voters approved the Control, Regulate and Tax Adult
Use of Marijuana Act, referred to in ballot materials as the Adult Use of Marijuana Act ("AUMA"),
which established a regulatory scheme for nonmedical marijuana similar to that established for
medical marijuana under the MMRSA; and
WHEREAS, following its adoption by California voters, the AUMA was codified in various
provisions of state law, including in Article 2 entitled "Cannabis' in the Uniform Controlled Substances
Act within the California Health and Safety Code, and in Division 10 entitled the "Medicinal and Adult -
Use Cannabis Regulation and Safety Act" of the California Business and Professions Code; and
WHEREAS, as codified in the California Health and Safety Code and the California Business and
Professions Code, the AUMA decriminalized for purposes of state law specified nonmedical cannabis
uses pursuant to California Health and Safety Code section 11362.1, including, possession, processing,
transporting, purchasing, obtaining and given away to persons 21 years old older, without
compensation, not more than 28.5 grams of non -concentrated cannabis or not more than 8 grams of
concentrated cannabis, including cannabis contained in cannabis products; possessing, planting,
cultivating, harvesting, drying or processing not more than six living cannabis plants and possessing the
cannabis produced by the plants; smoking or ingesting cannabis or cannabis products, and possessing,
transporting, purchasing, obtaining, using, manufacturing, or giving away to persons 21 years of age or
older without compensation cannabis accessories; and
WHEREAS, in response to enactment of the AUMA, the City Council introduced on November
13, 2017 and subsequently adopted on December 4, 2017, Ordinance no. 2634 N.C.S. repealing and
replacing former Chapter 10.15 of the Petaluma Municipal Code entitled "Medical Marijuana" with a
new chapter 10.15 entitled "Cannabis" extending the City's cannabis regulations to non-medical
cannabis uses in the City; and
WHEREAS, section 10.15.010 of Ordinance 2634 N.C.S. provides that the purpose of Chapter 15
is to recognize and respect the will of the California voters in approving the AUMA through adoption of
less restrictive local cannabis regulations, while at the same time promoting the public health, safety
and welfare of the Petaluma community; and
WHEREAS, Section 10.15.040 of Ordinance 2634 N.C.S. authorizes certain limited commercial
cannabis activity, subject to issuance of a City permit therefore, for manufacture and wholesale sale of
topical or edible cannabis products, testing laboratories, and delivery -only retail sale at up to two
locations in the City; and
Planning Commission Resolution No. 2018-05 Page 5
WHEREAS, Section 10.15.090 provides that the City Council shall adopt regulations or authorize
the City Manager to promulgate regulations intended to implement the requirements of Ordinance
2634 N.C.S.; and
WHEREAS, Section 10.15.040, paragraph (B) of Ordinance 2634 N.C.S. provides that the
commercial cannabis activities authorized under that section may only be carried out while and to the
extent the activity is conducted pursuant to and in accordance with a current, valid, unexpired,
unrevoked, fully -paid, license, permit or other authorization or notice issued by an authorized city
official, and pursuant to and in accordance with all other applicable state and local laws and regulation,
including, but not limited to the regulations adopted or promulgated pursuant to section 10.15.090,
and that such commercial cannabis activities may only be conducted in areas of the City where such
uses are permitted in accordance with the City's zoning regulations; and
WHEREAS, Section 25.010 of the City of Petaluma Implementing Zoning Ordinance (IZO)
provides in pertinent part that no amendment that regulates matters listed in Government Code
Section 65850, which matters include the use of buildings and structures, shall be made to the IZO
unless the Planning Commission and City Council find the amendment to be in conformity with the
General Plan and consistent with the public necessity, convenience and general welfare in accordance
with Section 25.050(B) of the IZO; and
WHEREAS, the City Council found that due to the negligible environmental impacts anticipated
from enactment of new Chapter 10.15 of the Petaluma Municipal Code Ordinance 2634 N.C.S. was
exempt from CEQA pursuant to Sections 15061(b)(3), 15301and 15303 of the CEQA Guidelines; and
WHEREAS, on December 18, 2017, the City Council adopted regulations addressing such
matters as commercial cannabis permit eligibility, commercial cannabis business owner and employee
requirements, cannabis business location limitations, commercial cannabis permit applications,
renewals, transfers, denials and revocations, commercial cannabis businesses operating requirements,
and enforcement; and
WHEREAS, the text amendments contained in this ordinance would modify the City's
Implementing Zoning Ordinance, Chapter 4, Section 4.030 — Allowable Land Uses and Permit
Requirements and Chapter 28 — Glossary to implement the requirements in Section 10.15.040(A) of the
Petaluma Municipal Code, and the City of Petaluma Commercial Cannabis Permit Regulations; and
WHEREAS, the text amendments contained in this ordinance involve uses that are subject to
compliance with all applicable state laws including the AUMA and the provisions of the California
Department of Toxic Substance Control; and
WHEREAS, the text amendments contained in this ordinance direct commercial cannabis
businesses to appropriate business park and industrial zones where similar uses are already permitted,
by allowing cannabis manufacturing and cannabis testing uses where non -cannabis manufacturing and
testing facilities are currently allowed; and
WHEREAS, the text amendments contained in this ordinance would allow qualified commercial
cannabis businesses to operate under City issued permits to 1: ) re -tenant existing commercial and
Planning Commission Resolution No. 2018-05 Page 6
industrial facilities designed to support such uses; 2) replace, modify or otherwise reconstruct existing
commercial and industrial facilities with a new structure of substantially the same size, purpose and
capacity; and/or 3) construct new small structures including fences, gates, greenhouses, and small
scale commercial and industrial facilities; and
WHEREAS, on January 25, 2018, , public notice of the February 13, 2018 Planning Commission
meeting to consider the amendments to the Implementing Zoning Ordinance, Chapter 4, Section 4.030
— Allowable Land Uses and Permit Requirements and Chapter 28 — Glossary was published in the
Argus -Courier and sent to all members of the public on the interested parties list for this item; and
WHEREAS, on February 13, 2018, the Planning Commission held a duly noticed public hearing in
accordance with Chapter 25 of the Implementing Zoning Ordinance to consider the amendments;
WHEREAS, after the conclusion of said public hearing, the Planning Commission adopted
Resolution No. 2017 -XX, recommending that the City Council adopt the amendments; and
WHEREAS, on XXXX XX, 2017, a public notice of the XXXX XX, 2017 public hearing before the
City Council to consider the amendments was published in the Argus -Courier; and,
WHEREAS, on XXXX XX, 2017, the City Council of the City of Petaluma held a duly noticed public
hearing to consider the amendments; and
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
Section 1. FINDINGS. The City Council of the City of Petaluma hereby finds:
1. In accordance with Sections 25.010 and 25.050(B) of the City's Implementing Zoning Ordinance,
Ordinance no. 2300N.C.S., ("IZO"), that the provisions amending the IZO, Table of Contents, Chapter
4, Section 4.030 — Allowable Land Uses and Permit Requirements and Chapter 28 — Glossary, as
hereinafter set forth, (collectively, "the amendments"), are in general conformity with the Petaluma
General Plan 2025 in that these changes do not change the type of uses allowed in the Business Park
and Industrial Areas.
2. In accordance with Section 25.050(B) of the IZO, the proposed amendments are consistent with
the public necessity, convenience and welfare in that they:
e. Ensure Petaluma's land use and zoning regulations provide safe and appropriate locations
where testing, manufacturing and sale by delivery of Adult and Medical Cannabis can occur
consistent with Chapter 10.15 of the Petaluma Municipal Code, and the City of Petaluma
Commercial Cannabis Permit Regulations adopted December 18, 2017;
f. Comply with the Adult Use of Marijuana Act approved by California voters in November,
2017 and codified in California law as the;
Planning Commission Resolution No. 2018-05 Page 7
g. Comply with California Business and Professions Code sections 26000 — 26231.2 which
regulate the cultivation, distribution, transport, storage of adult use and medicinal cannabis
products for patients with valid physician's recommendations and adults 21 years of age and
over; and
h. Provide for buffers to assure that establishments testing, manufacturing or selling cannabis
products are a safe distance from schools, child care centers, parks, and residential land
uses.
3. The proposed zoning text amendments are exempt from CEQA pursuant to CEQA Guidelines
Sections 15061(b)(3), 15183 15301, 15302, and 15303, in that commercial cannabis uses are only
permitted in locations that already allow for similar non -cannabis uses, are subject to issuance of a
commercial cannabis permit by the City police department, and are obligated to operate in
accordance with State Law, Chapter 10.15 of the Petaluma Municipal Code and the City of Petaluma
Commercial Cannabis Permit Regulations adopted December 18, 2017..
Section 2. Section 4.030 — Allowable Land Uses and Permit Requirements, Table 4.4
Allowed Land uses and Permit Requirement for Commercial Business Park, and Industrial Zones, City of
Petaluma Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. is hereby amended to read as
follows:
Commercial, Business Park, and Industrial Zones
TABLE 4.4
Allowed LandUses and Permit Requirements for
Commercial, Business Park, and Industrial Zones
P(16) Permitted Use+
CUP Conditional Use Permit Required
S Permit Requirement in Specific Use Regulations
A Accessory Use
— Use Not Allowed
LAND USE TYPE (1)
Permit Required by Zone
SPecflc use
Regulations
C1 C2 BP
1
INDUSTRY, MANUFACTURING & PROCESSING
Artisan/craft product manufacturing
Catering service, as a primary use
P(6)
P(6)
P
P
Furniture and fixtures manufacturing, cabinet shop
—
—
—
P
Laboratory—Medical, analytical
—
—
P
P
Laboratory - Cannabis
—
—
P(18,
19)
P(18,
19)
Muni Code
Chapter 10.15
Laundry, dry cleaning plants
—
—
—
P
Manufacturing/processing – Light
—
—
P
P
Manufacturing/processing–Medium intensity
—
—
—
P
Manufacturing/processing – Cannabis
—
—
P(18,
19)
P(18,
19)
Muni Code
Chapter 10.15
Media Production
—
—
P
P
Petroleum product storage and distribution
—
—
P
CUP
Printing and publishing
—
—
P
P
Recycling facility
—
—
P(11)
P(11)
Planning Commission Resolution No. 2018-05 Page 8
Recycling facility– Scrap and dismantling yard
—
—
—
—
Research and development
—
—
P
P
Retail Sale and Delivery Cannabis
—
—
P(18,
19)
P(18,
19)
Muni Code
Chapter 10.15
Storageyard–outdoor
—
—
—
CUP
Storage –warehouse, indoor storage
—
—
—
P
Wholesaling and distribution
—
—
P
P
Key to zone symbols:
C1- Commercial 1
C2–Commercial 2
BP – Business Park
I – Industrial
Notes:
(1) See Glossary for land use definitions
(2) Home Occupation Permit and Business License Required
(3) business License Required
(4) business License & Compliance with Section 7.060 Required
(5) Site Plan and Architectural Review Required & Compliance with Section 7.040 Required
(6) Permitted use on an upper floor or behind a ground floor street fronting use; use in other locations allowed subject to a CUP
(7) Permitted use (P) if limited to a maximum of 5,000 square feet on the ground floor
(8) A CUP is required for overnight board and care
(9) Neighborhood serving and open at lunch
(10) Allowed only on floors above the ground floor
(11) CUP required for overnight board and care
(12) Urgent Care facilities may be located on the ground floor as a street fronting use
(13) Allowed only in a shopping center
(14) Permitted only on APN 137-061-019 & APN 048-080-036 (Corona Rd. at North McDowell Blvd.)
(15) Use permitted on Lakeville Highway between Baywood Drive and Casa Grande Road
(16) See section 21.30 (Residential Uses Abutting No -Residential Uses)
(17) Short-term vacation rental permit, business license and transient occupancy tax certificate required (see section 7.110 of
Implementing Zoning Ordinance)
(18) Use must be at least 600 feet from a school or a childcare center, at least 200 feet from parks, youth centers, or the library,
and 100 feet from residential districts as measured from property line to property line
(19) All Cannabis Businesses must obtain an annual Commercial Cannabis Permit
Section 3. Chapter 28, Glossary of the Implementing Zoning Ordinance, Ordinance No.
2300 N.C.S., definitions of ""Laboratory—Cannabis," and "Manufacturing—Cannabis," are hereby
added to read as follows:
Laboratory — Cannabis — testing laboratories that offer or perform testing of cannabis or
cannabis products in accordance with Petaluma Municipal Code sections 10.15.020 and
10.15.040, and the Current City of Petaluma Commercial Cannabis Permit Regulations.
Manufacturing — Cannabis - businesses that manufacture and sell topical or edible cannabis
products using cannabis infusions, infusion processes, or cannabis concentrates only business
to business (non -retail) in accordance with Petaluma Municipal Code section 10.15.040 and the
current City of Petaluma Commercial Cannabis Permit Regulations. Excludes manufacture of
cannabis products involving volatile solvents, and repackaging cannabis or cannabis products or
re -labeling cannabis or cannabis product containers.
Planning Commission Resolution No. 2018-05 Page 9
Retail Sale and Delivery — Cannabis — businesses that sell cannabis and cannabis products using
a delivery -only method at a maximum of two different locations in the City, with no sale of
cannabis or cannabis products to customers, primary care givers or qualified patients occurring
at the business location, no customers, primary care givers or qualified patients permitted at
the business location at any time and no signage at the business location or on the delivery
vehicles indicating the presence of cannabis or cannabis products or that the seller sells
cannabis or cannabis products in accordance Petaluma Municipal Code sections 10.15.040 and
10.15.060, and the Current City of Petaluma Commercial Cannabis Permit Regulations.
Section 4. Except as amended herein, the City of Petaluma Implementing Zoning
Ordinance, Ordinance No. 2300 N.C.S. remains unchanged and in full force and effect.
Section 5. Severability. If any section, subsection, sentence, clause, phrase or word of this
ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of
competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect
the validity of the remaining portions of this ordinance. The City Council of the City of Petaluma
hereby declares that it would have passed and adopted this ordinance and each and all provisions
thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional,
unlawful or otherwise invalid.
Section 6. Effective Date. This ordinance shall become effective thirty (30) days after the
date of its adoption by the Petaluma City Council.
Section 7. Posting/Publishing of Notice. The City Clerk is hereby directed to publish or post
this ordinance or a synopsis for the period and in the manner provided by the City Charter and other
applicable law.
Planning Commission Resolution No. 2018-05 Page 10
ATTACHMENT B
REDLINE of Proposed Changes to IZO
4.030 — Allowable Land Uses and Permit Requirements
Commercial, Business Park, and Industrial Zones
TABLE 4.1
Allowed Land Uses and Permit Requirements for
Commercial, Business Park, and Industrial Zones
P(16) Permitted Use
CUP Conditional Use Permit Required
S Permit Requirement in Specific Use Regulations
A Accessory Use
_ Use Not Allowed
LAND USE TYPE (1)
Permit Required by Zone
Specific Use
Regulations
C1 C2
BP
1
INDUSTRY, MANUFACTURING & PROCESSING
Artisan/craft product manufacturing
—
—
P
P
Catering service, as a primary use
P(6)
P(6)
P
P
Furniture and fixtures manufacturing, cabinet shop
—
—
—
P
Laboratory—Medical, analytical
—
—
P
P
Laboratory—Cannabis
—
—
P(18,
19)
P(18,
19)
Muni Code
Chapter 10.15
Laundry, dry cleaning plants
—
—
—
P
Manufacturing/processing—Light
—
—
P
P
Manufacturing/processing—Medium intensity
—
—
—
P
Manufacturing/processing — Cannabis
—
—
P(18,
19)
P(18,
19)
Muni Code
Chapter 10.15
Media Production
—
—
P
P
Petroleum product storage and distribution
—
—
P
CUP
Printing and publishing
—
—
P
P
Recycling facility
—
—
P(11)
P(11)
Recycling facility — Scrap and dismantling yard
—
—
—
—
Retail Sale and Delivery - Cannabis
--
—
P(18,
19)
P(18,
19)
Muni Code
Chapter 10.15
Research and development
—
—
P
P
Storage yard —outdoor
—
—
—
CUP
Storage —warehouse, indoor storage
—
—
—
P
Wholesaling and distribution
—
—
P
P
Key to zone symbols:
C1- Commercial 1
C2 — Commercial 2
BP — Business Park
I — Industrial
Notes:
(1) See Glossary for land use definitions
(2) Home Occupation Permit and Business License Required
(3) business License Required
(4) business License & Compliance with Section 7.060 Required
(5) Site Plan and Architectural Review Required & Compliance with Section 7.040 Required
(6) Permitted use on an upper floor or behind a ground floor street fronting use; use in other locations allowed subject to a CUP
(7) Permitted use (P) if limited to a maximum of 5,000 square feet on the ground floor
Planning Commission Resolution No. 2018-05 Page 11
(8) A CUP is required for overnight board and care
(9) Neighborhood serving and open at lunch
(10) Allowed only on floors above the ground floor
(11) CUP required for overnight board and care
(12) Urgent Care facilities may be located on the ground floor as a street fronting use
(13) Allowed only in a shopping center
(14) Permitted only on APN 137-061-019 & APN 048-080-036 (Corona Rd. at North McDowell Blvd.)
(15) Use permitted on Lakeville Highway between Baywood Drive and Casa Grande Road
(16) See section 21.30 (Residential Uses Abutting No -Residential Uses)
(17) Short-term vacation rental permit, business license and transient occupancy tax certificate required (see section 7.110 of
Implementing Zoning Ordinance)
(18) Use must be at least 600 feet from a school or a childcare center, at least 200 feet from parks, youth centers, or the library,
and 100 feet from residential districts as measured from property line to property line
(19) All Cannabis Businesses must obtain an annual Commercial Cannabis Permit
Chapter 28 Glossary
• Laboratory — Cannabis — testing laboratories that offer or perform testing of cannabis or
cannabis products in accordance with Petaluma Municipal Code sections 10.15.020 and
10.15.040, and the Current City of Petaluma Commercial Cannabis Permit Regulations.
• Manufacturing — Cannabis - businesses that manufacture and sell topical or edible cannabis
products using cannabis infusions, infusion processes, or cannabis concentrates only business
to business (non -retail) in accordance with Petaluma Municipal Code section 10.15.040 and the
current City of Petaluma Commercial Cannabis Permit Regulations. Excludes manufacture of
cannabis products involving volatile solvents, and repackaging cannabis or cannabis products or
re -labeling cannabis or cannabis product containers.
• Retail Sale and Delivery — Cannabis — businesses that sell cannabis and cannabis products using
a delivery -only method at a maximum of two different locations in the City, with no sale of
cannabis or cannabis products to customers, primary care givers or qualified patients occurring
at the business location, no customers, primary care givers or qualified patients permitted at
the business location at any time and no signage at the business location or on the delivery
vehicles indicating the presence of cannabis or cannabis products or that the seller sells
cannabis or cannabis products in accordance Petaluma Municipal Code sections 10.15.040 and
10.15.060, and the Current City of Petaluma Commercial Cannabis Permit Regulations.
Planning Commission Resolution No. 2018-05 Page 12