HomeMy WebLinkAboutPC Meeting 03-15-18 (Reso 2819-2018) - Cannabis - Indoor Cult RESOLUTION NO. 2819-2018
PLANNING COMMISSION, CITY OF SOUTH SAN FRANCISCO
STATE OF CALIFORNIA
RESOLUTION RECOMMENDING THAT THE CITY COUNCIL ADOPT AN
ORDINANCE AMENDING TITLE 20 (“ZONING”) OF THE SOUTH SAN FRANCISCO
MUNICIPAL CODE TO PERMIT AND REGULATE COMMERCIAL CANNABIS
INDOOR CULTIVATION, CITYWIDE, IN ACCORDANCE WITH SOUTH SAN
FRANCISCO MUNICIPAL CODE CHAPTER 20.550 (“AMENDMENTS TO ZONING
ORDINANCE AND MAP”)
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 for
personal use, including the complete prohibition of such activities outdoors; and
WHEREAS, the MAUCRSA created a licensing system whereby on January 1, 2018, the State
began issuing licenses to businesses authorizing them to cultivate, distribute, transport, store,
manufacture, process, and sell cannabis and cannabis products; 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 December 13, 2017, the City Council adopted Ordinance No. 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, on February 14, 2018, the City Council adopted Ordinance No. 18-99 amending
Chapter 20.410 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
WHEREAS, the City desires to permit indoor commercial cultivation of cannabis subject to
certain restrictions; and
WHEREAS, to permit indoor commercial cultivation 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 permitting indoor commercial cannabis cultivation 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 for an
indoor commercial cultivation use to obtain a conditional use permit, which requires applicable
environmental analysis and environmental review, adoption of this Amendment is not subject to
CEQA.
WHEREAS, on March 15, 2018, 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 Environmental Impact
Report (“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 March 15, 2018 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 Planning Commission 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 Amendment.
2. The record for these proceedings, and upon which this Amendment 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 March 15,
2018; 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 permitting indoor commercial cultivation of cannabis uses are minor in nature. Therefore, the
adoption of the Amendment 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 for an
indoor commercial cultivation use to obtain a conditional use permit, which requires applicable
environmental analysis and environmental review, adoption of this Amendment 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 General Plan policies, and is consistent with the relevant
specific plans. The proposed amendments would permit commercial cannabis activities that are
consistent with the City’s economic and land use patterns. Adopting this Amendment 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 permitting of indoor
commercial cannabis cultivation 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 permitting indoor commercial cannabis cultivation uses is
consistent with existing manufacturing, cultivation, and warehousing uses currently operating in
the City. The proposed Zoning Amendment includes detailed regulations for indoor commercial
cannabis cultivation related activities, which are necessary to protect the public health, safety and
welfare of the citizens of South San Francisco. The proposed Amendment ensures that subject
properties for indoor commercial cannabis cultivation are suitable for the relevant zone 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 Amendment will
impose specific distance, safety, and operational requirements that ensure that these uses will be
compatible with existing and future uses in the City.
3. The proposed Amendment permitting indoor commercial cannabis cultivation will not be
detrimental to the use of land in any adjacent zone because the Amendment imposes 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 text in double underline indicating addition). Sections and
subsections that are not amended by the Ordinance are not contained in Exhibit A, and shall
remain in full force and effect.
SECTION 3. 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 to permit and regulate indoor commercial cannabis cultivation as shown in
Exhibit A, attached hereto and incorporated herein.
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 15th day of March, 2018 by the
following vote:
AYES: Chairperson Nagales, Vice Chairperson Murphy, Commissioner Wong, Commissioner
Evans, Commissioner Tzang Commissioner Faria, Commissioner Shihadeh
NOES:
ABSTENTIONS:__
ABSENT:
Attest_/s/Sailesh Mehra__________
Secretary to the Planning Commission