HomeMy WebLinkAboutPC Meeting 12-21-17 (Reso 2814-2017) - Medical Marijuana RESOLUTION NO. 2814-2017
PLANNING COMMISSION, CITY OF SOUTH SAN FRANCISCO
STATE OF CALIFORNIA
RESOLUTION RECOMMENDING THAT THE CITY COUNCIL ADOPT AN
ORDINANCE AMENDING CHAPTER 20.410 OF THE SOUTH SAN FRANCISCO
MUNICIPAL CODE TO PROHIBIT INDOOR COMMERCIAL CULTIVATION OF
CANNABIS AND CANNABIS MICROBUSINESSES, AND TO PERMIT
COMMERCIAL CANNABIS MANUFACTURING, TESTING, DISTRIBUTION, AND
DELIVERY USES.
WHEREAS, on October 9, 2015, Governor Brown approved the Medical Marijuana and
Regulation and Safety Act (“MMRSA”), effective January 1, 2016, which established a
comprehensive state licensing and regulatory framework for the cultivation, manufacturing,
testing, distribution, transportation, dispensing, and delivery of medical cannabis and which
recognized the authority of local jurisdictions to prohibit or impose additional restrictions on any
such medical cannabis activities; and
WHEREAS, on June 27, 2016, Governor Brown approved Senate Bill 837. which amended the
MMRSA and renamed it the Medical Cannabis Regulation and Safety Act (“MCRSA”); and
WHEREAS, on November 8, 2016, the voters of the State of California (“State”) enacted
Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act (“AUMA”); and
WHEREAS, on April 4, 2017, Governor Brown released a budget trailer bill that aimed to
reconcile the existing medical marijuana statutory framework under MCRSA and the
recreational statutory framework adopted under the AUMA. After some revision, the state Senate
and Assembly passed a modified version of the original proposal in the form of AB 110/SB 94,
known as the Medical and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”), and
on June 27, 2017 and the Governor signed it into law; and
WHEREAS, MAUCRSA uses the term “cannabis” instead of “marijuana”; and
WHEREAS, subject to certain exceptions, MAUCRSA generally establishes a comprehensive
system to legalize, control, and regulate the cultivation, processing, manufacture, distribution,
testing, and sale of cannabis, including cannabis products, and to tax the commercial growth and
retail sale of cannabis; and
WHEREAS, MAUCRSA permits a city to enact and enforce “reasonable regulations” to regulate
the possession, planting, cultivation, harvesting, drying, or processing of cannabis plants,
including the complete prohibition of such activities outdoors; and
WHEREAS, the MAUCRSA creates a licensing system whereby the state will issue licenses to
businesses authorizing them to cultivate, distribute, transport, store, manufacture, process, and
sell cannabis and cannabis products, with such licenses to be issued by January 1, 2018; and
WHEREAS, the MAUCRSA mandates that state licensing authorities shall not approve an
application for a state license if approval of the state license will violate the provisions of any
local ordinance or regulation adopted in accordance with the requirements of MAUCRSA; and
WHEREAS, the MAUCRSA states that nothing in it shall be interpreted to supersede or limit the
authority of a local jurisdiction to adopt and enforce local ordinances to regulate businesses
licensed under the MAUCRSA, including completely prohibiting the establishment or operation
of one or more types of businesses licensed under MAUCRSA in the local jurisdiction; and
WHEREAS, on November 16, 2017, California’s three state cannabis licensing authorities – the
Department of Food and Agriculture’s CalCannabis Cultivation licensing program, the
Department of Consumer Affairs’ Bureau of Cannabis Control, and the Department of Public
Health’s Manufactured Cannabis Safety Branch – released draft emergency regulations that will
allow the state to begin issuing temporary licenses for growers, distributers, and sellers on
January 1, 2018, when recreational sales become legal; and
WHEREAS, on December 13, 2017, the City Council adopted Ordinance 17-1085 amending
Chapter 20.410 of the South San Francisco Municipal Code to prohibit the retail sale and outdoor
cultivation of cannabis; and
WHEREAS, the City desires to prohibit microbusinesses and indoor commercial cultivation of
cannabis within the boundaries of the city; and
WHEREAS, the City desires to permit commercial cannabis manufacturing, testing, distribution,
and delivery uses within the boundaries of the city, create a local application process for the
issuance of Operator Permits for those uses, and prohibit microbusinesses, and outdoor cannabis
cultivation; and
WHEREAS, to permit and prohibit the above-described uses, the City prepared a Zoning
Amendment (“Amendment”) to the City’s zoning ordinance contained in Chapter 20 of the
City’s Municipal Code (“Zoning Ordinance”), which would amend Chapter 20.410 of the Zoning
Ordinance; and
WHEREAS, the Zoning Ordinance was adopted after preparation, circulation, consideration, and
adoption of an Initial Study/Mitigated Negative Declaration (“IS/MND”) in accordance with the
California Environmental Quality Act, Public Resources Code Sections 21000, et seq.
(“CEQA”), in which the IS/MND analyzed the environmental impacts of adopting the Zoning
Ordinance and concluded that adoption of the Zoning Ordinance could not have a significant
effect on the environment because none of the impacts required to be analyzed under CEQA
would exceed established thresholds of significance; and
WHEREAS, the refinements, clarifications, and/or corrections set forth in this Amendment, as
they relate to prohibiting indoor commercial cannabis cultivation and cannabis microbusiness
and permitting commercial cannabis manufacturing, testing, distribution, and delivery uses are
minor in nature, the adoption of which would not result in any new significant environmental
effects or a substantial increase in the severity of any previously identified effects beyond those
disclosed and analyzed in the IS/MND prepared for the Zoning Ordinance Amendment, nor do
the refinements, clarifications, and/or corrections constitute a change in the project or change in
circumstances that would require additional environmental review; and
WHEREAS, pursuant to Business and Professions Code § 26055(h), adoption of an ordinance,
rule or regulation by a local jurisdiction that requires discretionary review and approval of
permits, licenses or other authorizations to engage in commercial cannabis activity is not subject
to CEQA provided that the ordinance is adopted prior to July 1, 2019 and any specific
discretionary review or approval authorized by said ordinance includes any applicable
environmental review. As the Amendment requires each applicant for an Operator Permit to
obtain a conditional use permit which requires applicable environmental analysis and
environmental review, adoption of this ordinance is not subject to CEQA.
WHEREAS, on December 21, 2017 the Planning Commission for the City of South San
Francisco held a lawfully noticed public hearing to solicit public comment and consider the
proposed Amendment, take public testimony, and make a recommendation to the City Council
on the Amendment.
NOW, THEREFORE, BE IT RESOLVED that based on the entirety of the record before it,
which includes without limitation, the California Environmental Quality Act, Public Resources
Code §21000, et seq. (“CEQA”) and the CEQA Guidelines, 14 California Code of Regulations
§15000, et seq.; the South San Francisco General Plan and General Plan EIR, including all
amendments and updates thereto; the South San Francisco Municipal Code; all reports, minutes,
and public testimony submitted as part of the Planning Commission’s duly noticed December 21,
2017 meeting and any other evidence (within the meaning of Public Resources Code §21080(e)
and §21082.2), the Planning Commission of the City of South San Francisco hereby finds as
follows:
SECTION 1. Findings
Based on the entirety of the record as described below, the City Council for the City of South
San Francisco hereby makes the following findings:
A. General Findings
1. The foregoing recitals are true and correct and made a part of this Ordinance.
2. The record for these proceedings, and upon which this Ordinance is based, includes without
limitation, federal and State law; the Medical and Adult-Use Cannabis Regulation and Safety
Act (“MAUCRSA”); the California Environmental Quality Act (Public Resources Code §§
21000 et seq. (“CEQA”)) and the CEQA Guidelines (14 California Code of Regulations §§
15000 et seq.); the South San Francisco General Plan and General Plan Environmental
Impact Report, including all amendments and updates thereto; the South San Francisco
Municipal Code; the Initial Study and Negative Declaration prepared for the Zoning
Ordinance Update, including all written comments received; all reports, minutes, and public
testimony submitted as part of the Planning Commission's duly noticed meetings on
December 21, 2017; and any other evidence (within the meaning of Public Resources Code
section 21080, subdivision (e) and section 21082.2).
3. The refinements, clarifications, and/or corrections to the Zoning Ordinance as they relate to
the prohibition of indoor commercial cultivation of cannabis and cannabis microbusinesses
and permitting of commercial cannabis manufacturing, testing, distribution, and delivery uses
are minor in nature. Therefore, the adoption of the ordinance would not result in any new
significant environmental effects or a substantial increase in the severity of any previously
identified effects beyond those disclosed and analyzed in the IS/ND prepared and circulated
for the Zoning Ordinance (2010), nor do the refinements, clarifications, and/or corrections
constitute a change in the project or change in circumstances that would require additional
environmental review.
4. Pursuant to Business and Professions Code § 26055(h), adoption of an ordinance, rule or
regulation by a local jurisdiction that requires discretionary review and approval of permits,
licenses or other authorizations to engage in commercial cannabis activity is not subject to
CEQA provided that the ordinance is adopted prior to July 1, 2019 and any specific
discretionary review or approval authorized by said ordinance includes any applicable
environmental review. As the Amendment requires each applicant for an Operator Permit to
obtain a conditional use permit which requires applicable environmental analysis and
environmental review, adoption of this ordinance is not subject to CEQA.
5. The documents and other material constituting the record for these proceedings are located at
the Planning Division for the City of South San Francisco, 315 Maple Avenue, South San
Francisco, CA 94080, and in the custody of Chief Planner, Sailesh Mehra.
B. Zoning Amendment Findings
1. The proposed Zoning Amendment is consistent with the adopted General Plan because the
Zoning Amendment will reinforce the General Plan policies, and is consistent with the
relevant specific plans. The proposed amendments would clarify and strengthen the City’s
current prohibition on cannabis related activities which have been determined to have
adverse impacts to the community and would permit commercial cannabis activities that are
consistent with the City’s economic and land use patterns. Adopting of this resolution would
be consistent with the intent of the City’s existing regulations that would serve to protect the
public health, safety and welfare of the citizens of South San Francisco. The prohibition of
indoor commercial cannabis cultivation and cannabis microbusinesses and the permitting of
commercial cannabis manufacturing, testing, distribution, and delivery uses will not conflict
with or impede achievement of any of the goals, policies, or land use designations established
in the General Plan.
2. The proposed Zoning Amendment prohibiting indoor commercial cultivation and cannabis
microbusinesses are consistent with the City’s current prohibitions on certain cannabis
related activities, and would serve to clarify and strengthen these existing provisions. In
addition, the proposed Zoning Amendment permitting commercial cannabis manufacturing,
testing, distribution, and delivery uses are consistent with the existing manufacturing, testing,
warehousing and distribution uses currently operating in the City. The proposed Zoning
Amendment includes detailed regulations of cannabis related activities, which are necessary
to protect the public health, safety and welfare of the citizens of South San Francisco. The
proposed Amendments ensure that subject properties for commercial cannabis
manufacturing, testing, distribution, and delivery uses are suitable for the uses permitted in
the relevant zones in terms of access, size of parcel, relationship to similar or related uses,
and other considerations deemed relevant by the Planning Commission and City Council
because the proposed Amendments will impose specific distance, safety, and operational
requirements that ensure that these new uses will be compatible with existing and future uses
in the City.
3. The proposed Amendments related to the prohibition of indoor commercial cultivation of
cannabis and microbusinesses would not be detrimental to the use of land in any adjacent
zone because the Amendments prohibit the establishment of uses that the Planning
Commission and City Council deem incompatible with existing and future uses in the City.
Further, the prohibition of indoor commercial cultivation of cannabis and microbusinesses
would prevent potentially detrimental health, safety and quality of life issues that can be
associated with such uses. In addition, the proposed Amendments permitting commercial
cannabis manufacturing, testing, distribution, and delivery uses will not be detrimental to the
use of land in adjacent zone because the Amendments impose specific distance, safety, and
operational requirements that ensure that these uses will not have detrimental impacts on
adjacent land uses.
SECTION 2. Amendments
The Planning Commission recommends that the City Council adopt the attached ordinance
(Exhibit A) amending Chapter 20.410 of the South San Francisco Municipal Code (with text in
strikeout indicating deletion and double underline indicating addition). Sections and subsections
that are not amended by the Ordinance are not in Exhibit A, and shall remain in full force and
effect.
SECTION III. RECOMMENDATION
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City
of South San Francisco hereby makes the findings contained in this resolution, and recommends
that the South San Francisco City Council adopt an ordinance amending the South San Francisco
Municipal Code as shown in Exhibit A.
BE IT FURTHER RESOLVED that this resolution shall become effective immediately upon its
passage and adoption.
* * * * * * *
I hereby certify that the foregoing resolution was adopted by the Planning Commission of
the City of South San Francisco at a regular meeting held on the 21st day of December, 2017 by
the following vote:
AYES: Chairperson Faria, Vice Chairperson Nagales, Commissioner Shihadeh, Commissioner
Wong, Commissioner Murphy
NOES:
ABSTENTIONS______________________
ABSENT: Commissioner Tzang
Attest_/s/Sailesh Mehra__________
Secretary to the Planning Commission