HomeMy WebLinkAbout1/21/2015 - STAFF REPORTS - 3.C. PALM SA
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"`iro City Council Staff Report
DATE: January 21, 2015 LEGISLATION
SUBJECT: INITIATION OF AMENDMENTS TO THE CITY'S ZONING CODE
REGARDING CULTIVATION OF MARIJUANA IN THE CITY AND TO
ALLOW MEDICAL CANNABIS WITHIN COMMERCIAL AND/OR OFFICE
ZONES IN THE CITY
FROM: David Ready, City Manager
BY: Douglas Holland, City Attorney
SUMMARY
The Council's Subcommittee on medical cannabis is recommending the City Council
consider the adoption of two potential ordinances relating to medical cannabis. One of
these ordinances would address the issue of cultivation of marijuana in locations other
than within an approved medical cannabis co-operative or collective. The second
ordinance would address the issue of allowing medical cannabis cooperatives or
collectives within commercial and/or office zones. These ordinances are required to be
reviewed and considered by the Planning Commission and the Subcommittee is
recommending the Council refer these issues to the Planning Commission for its review
and recommendations.
RECOMMENDATION:
1. INTITIATE ZONE TEXT AMENDMENTS PURSUANT TO SECTION
97.07.01.A.1.6 OF THE CITY'S ZONING CODE FOR THE CULTIVATION OF
MARIJUANA WITHIN THE CITY AND MEDICIAL CANNABIS COOPERATIVES OR
COLLECTIVES WITHIN COMMERCIAL AND/OR OFFICE ZONES IN THE CITY AND
REFER THESE AMENDMENT CONCEPTS TO THE PLANNING COMMISSION FOR
HEARING, REVIEW, AND RECOMMENDATION.
STAFF ANALYSIS:
The City currently regulates medical cannabis through zoning and locational
requirements of the City's Zoning Ordinance and the operational requirements provided
in Chapter 5.35 of the Municipal Code. Medical Cannabis Collectives and Cooperatives
(MCCC) are only allowed in the City's industrial zones: the C-M, M-1-P, M-1, and M-2
ITEM NO._ L
City Council Staff Report
January 21, 2015 -- Page 2
Medical Cannabis
Zones. Certain locational requirements are provided in Section 93.23.15 of the Zoning
Code. Cultivation of cannabis/marijuana is not specifically addressed in the Zoning
Ordinance and a few cultivation requirements are provided as part of the City's
regulatory program in Chapter 5.35. Cultivation is only allowed on the premises of each
approved MCCC. The Council's Subcommittee on Medical Cannabis is recommending
the City Council consider allowing additional cultivation approaches within the City. One
approach would allow the approved MCCCs to separately or collectively operate one or
more cultivation facilities off-site; that is, on property that is not being operated as a
medical cannabis facility. It is contemplated that such facilities would be indoors, within
an industrial or commercial building, managed by one or more of the permitted MCCC's
and such facilities would not be used for the distribution of cannabis to patients or
caretakers. A second approach would be to allow cultivation of marijuana as an
agricultural use of land within a building on land where agriculture uses are allowed.
Locational requirements and various development standards would also need to be
considered.
The Subcommittee is also supportive of increasing the number of permitted MCCCs in
the City. If it appears the Council would be willing to consider an increase, the
Subcommittee would recommend the Council consider allowing medical MCCCs to be
located in commercial and/or office zones the Council and Planning Commission deem
most appropriate. For example, the Subcommittee would not recommend such use
within the C-B-D, Central Business District Zone. The current locational requirements
under the Zoning Code should also be revisited and considered for application to any
proposal to allow MCCCs in any other Zone.
The Subcommittee is recommending that the land use and zoning issues identified in
this report be referred to the Planning Commission for hearing, review, and
recommendation in accordance with the provisions of the City's Zoning Code.
ENVIRONMENTAL ASSESSMENT:
An amendment to the City's Zoning Code is a "project' as defined by CEQA and will be
environmentally assessed prior to or concurrently with its review by the Planning
Commission and prior to submission to the City Council.
FISCAL IMPACT:
No fiscal impact.
Douglas Holland, City Attorney David Ready, City Ma
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