HomeMy WebLinkAboutOrdinance 2643 N.C.S. 03/19/20181
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EFFECTIVE DATE
OF ORDINANCE
April 19, 2018
Introduced by
Gabe Kearney
ORDINANCE NO, 2643 N.C.S.
Seconded by
Teresa Barrett
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 Medical Marijuana Regulation and Safety Act
(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
Ordinance No. 2643 N.C.S.
Page 1
1 WHEREAS, in response to enactment of the AVMA, the City Council introduced on
2 November 13, 2017 and subsequently adopted on December 4, 2017, Ordinance no. 2634
3 N.C.S. repealing and replacing former Chapter 10.15 of the Petaluma Municipal Code entitled
4 "Medical Marijuana" with a new chapter 10.15 entitled "Cannabis" extending the City's
5 cannabis regulations to non-medical cannabis uses in the City; and
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7 WHEREAS, Section 10.15.010 of Ordinance 2634 N.C.S. provides that the purpose of
8 Chapter 15 is to recognize and respect the will of the California voters in approving the AVMA
9 through adoption of less restrictive local cannabis regulations, while at the same time promoting
10 the public health, safety and welfare of the Petaluma community; and
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12 WHEREAS, Section 10.15.040 of Ordinance 2634 N.C.S. authorizes certain limited
13 commercial cannabis activity, subject to issuance of a City permit therefore, for manufacture
14 and wholesale sale of topical or edible cannabis products, testing laboratories, and delivery -
15 only retail sale at up to two locations in the City; and
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17 WHEREAS, Section 10.15.090 provides that the City Council shall adopt regulations or
18 authorize the City Manager to promulgate regulations intended to implement the requirements
19 of Ordinance 2634 N.C.S.; and
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21 WHEREAS, Section 10.15.040, paragraph (B) of Ordinance 2634 N.C.S. provides that the
22 commercial cannabis activities authorized under that section may only be carried out while and
23 to the extent the activity is conducted pursuant to and in accordance with a current, valid,
24 unexpired, unrevoked, fully -paid, license, permit or other authorization or notice issued by an
25 authorized city official, and pursuant to and in accordance with all other applicable state and
26 local laws and regulation, including, but not limited to the regulations adopted or promulgated
27 pursuant to section 10.15.090, and that such commercial cannabis activities may only be
28 conducted in areas of the City where such uses are permitted in accordance with the City's
29 zoning regulations; and
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31 WHEREAS, Section 25.010 of the City of Petaluma Implementing Zoning Ordinance (IZO)
32 provides in pertinent part that no amendment that regulates matters listed in Government Code
33 Section 65850, which matters include the use of buildings and structures, shall be made to the
34 IZO unless the Planning Commission and City Council find the amendment to be in conformity
35 with the General Plan and consistent with the public necessity, convenience and general
36 welfare in accordance with Section 25.050(B) of the IZO; and
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38 WHEREAS, the City Council found that due to the negligible environmental impacts
39 anticipated from enactment of new Chapter 10.15 of the Petaluma Municipal Code, Ordinance
40 2634 N.C.S. was exempt from CEQA pursuant to Sections 15061(b) (3), 15301 and 15303 of the
41 CEQA Guidelines; and
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43 WHEREAS, on December 18, 2017, the City Council adopted regulations addressing such
44 matters as commercial cannabis permit eligibility, commercial cannabis business owner and
45 employee requirements, cannabis business location limitations, commercial cannabis permit
46 applications, renewals, transfers, denials and revocations, commercial cannabis businesses
47 operating requirements, and enforcement; and
Ordinance No. 2643 N.C.S. Page 2
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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 AVMA 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 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. 2018-05, recommending that the City Council adopt the amendments; and
WHEREAS, on February 15, 2018, a public notice of the February 26, 2018 public hearing
before the City Council to consider the amendments was published in the Argus -Courier; and,
WHEREAS, on February 26, 2018, the City Council of the City of Petaluma held a duly
noticed public hearing to consider the amendments; and
Ordinance No. 2643 N.C.S.
Page 3
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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. 2300 N.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:
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 the Adult Use of Marijuana Act approved by California voters in
November 2017 and codified in California law as the MMRSA;
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.
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 of Petaluma 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 IZO, Ordinance No. 2300 N.C.S. is hereby amended to read as follows:
Ordinance No. 2643 N.C.S.
Page 4
Commercial, Business Park, and Industrial Zones
TABLE 4.4
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 I
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
— — —
—
Research and development
— — P
P
Retail Sale and Delivery - Cannabis
— — P(18,
19)
P(18,
19)
Muni Code
Chapter 10.15
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
(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
Ordinance No. 2643 N.C.S. Page 5
(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
1
2 Section 3. Chapter 28, Glossary of the Implementing Zoning Ordinance, Ordinance
3 No. 2300 N.C.S., definitions of "Laboratory - Cannabis," and "Manufacturing - Cannabis," are
4 hereby added to read as follows:
5
6 • Laboratory - Cannabis - testing laboratories that offer or perform testing of cannabis or
7 cannabis products in accordance with Petaluma Municipal Code sections 10, 15.020 and
8 10.15.040, and the current City of Petaluma Commercial Cannabis Permit Regulations.
9 • Manufacturing - Cannabis - businesses that manufacture and sell topical or edible
10 cannabis products using cannabis infusions, infusion processes, or cannabis concentrates
11 only business to business (non -retail) in accordance with Petaluma Municipal Code
12 section 10. 15.040 and the current City of Petaluma Commercial Cannabis Permit
13 Regulations. Excludes manufacture of cannabis products involving volatile solvents, and
14 repackaging cannabis or cannabis products or re -labeling cannabis or cannabis
15 product containers.
16 Retail Sale and Delivery - Cannabis - businesses that sell cannabis and cannabis
17 products using a delivery -only method at a maximum of two different locations in the
18 City, with no sale of cannabis or cannabis products to customers, primary care givers or
19 qualified patients occurring at the business location, no customers, primary care givers or
20 qualified patients permitted at the business location at any time and no signage at the
21 business location or on the delivery vehicles indicating the presence of cannabis or
22 cannabis products or that the seller sells cannabis or cannabis products in accordance
23 with Petaluma Municipal Code sections 10.15.040 and 10.15.060, and the current City of
24 Petaluma Commercial Cannabis Permit Regulations.
25 Section 4. Except as amended herein, the City of Petaluma IZO, Ordinance No. 2300
26 N.C.S. remains unchanged and in full force and effect.
27
28 Section 5. Severability. If any section, subsection, sentence, clause, phrase or word
29 of this ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a
30 court of competent jurisdiction or preempted by state legislation, such decision or legislation
31 shall not affect the validity of the remaining portions of this ordinance. The City Council of the
32 City of Petaluma hereby declares that it would have passed and adopted this ordinance and
33 each and all provisions thereof irrespective of the fact that any one or more of said provisions be
34 declared unconstitutional, unlawful or otherwise invalid.
35
36 Section 6. Effective Date. This ordinance shall become effective thirty (30) days after
37 the date of its adoption by the Petaluma City Council.
38
39 Section 7. Posting/Publishing of Notice. The City Clerk is hereby directed to publish or
40 post this ordinance or a synopsis for the period and in the manner provided by the City Charter
41 and other applicable law.
42
Ordinance No. 2643 N.C.S. Page 6
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INTRODUCED, and ordered posted/published, this 26th day of February 2018.
ADOPTED this 19th day of March 2018, by the following vote:
Ayes:
Albertson, Barrett, Vice Mayor Healy, Kearney, King
Noes:
Miller
Abstain:
Mayor Glass
Absent:
None
i
Mike Healy, Vice Mayor
ATTEST: APPROVED AS TO FORM:
Claire Cooper, City Clerk
Lisa Tennenbau01
Assistant City Attorney
Ordinance No. 2643 N.C.S.
Page 7