HomeMy WebLinkAboutCD Cannabis Zoning PPTCITY OF SAN RAFAEL
Community Development Department Planning Division
Proposed Zoning Amendments
Cannabis Uses
March 5, 2018
CITY OF SAN RAFAEL
Community Development Department
CITY OF SAN RAFAEL
Community Development Department Planning Division
Background
Ballot initiative and State Legislation legalized Cannabis in 2016.
➢Effective Jan 1, 2018
City Council AD Hoc Committee work since 2016
Ordinance # 1949 adopted Dec 2017
➢Created new Muni Code Business section to regulate cannabis businesses
(SRMC 10.96)
Resolution # 14455 adopted Jan 2018
➢Established pilot program with limits on number of licenses for 3 types of
cannabis businesses
✓Testing/lab (4 licenses)
✓Infused products (8 licenses), and
✓Delivery (4 licenses)
Medicinal use only, with the exception testing/lab
➢Allow both medicinal and recreational adult use for testing.
CITY OF SAN RAFAEL
Community Development Department Planning Division
Regulatory Scheme:
Used City’s Massage Ordinance as basis
➢Regulate/license business/persons, not land use
➢Zoning Ordinance would solely specify the zoning districts within which the
uses would be permitted
Proposed Amendments
Series of amendments proposed to the Zoning Ordinance to:
➢add/modify definitions
➢amend the land use tables
➢establish parking standards
➢modify/clarify other portions of the zoning ordinance
CITY OF SAN RAFAEL
Community Development Department Planning Division
Proposed Amendments -Industrial Zoning Districts
All 3 types allowed (testing/lab, delivery and product infusion) in 3 of 4 City’s
Industrial Districts, as Permitted use, not Use Permit
Similar to business types that are currently allowed in these districts.
➢Only difference is that they include cannabis. For example, delivery of any
products is already allowed in these districts.
Not allowed in Lindaro Mixed Use (LMU) District entire District falls within 600 ft of
Davidson Middle School.
Footnote still prohibits any of the 3 cannabis uses in the I ,LI/O and CCI/O districts
if located within 600 feet of a school.
Graphics of where these districts are in city included as part of PC staff report lined
to the Council Report.
CITY OF SAN RAFAEL
Community Development Department Planning Division
Proposed Amendments –Commercial Districts
All 3 types allowed (testing/lab, delivery and product infusion) in
Commercial/Office (C/O) Zoning
Only 2 types allowed (delivery and testing/lab) in Office (O) Zoning
➢Office zoning tends to have higher amount of multi tenant spaces
➢Infusion not appropriate
Footnote still prohibits any of the 3 cannabis uses in the C/O or O districts if
located within 600 feet of a school.
In C/O District, Infused products would be prohibited if within 300 ft of residential
district for C/O
CITY OF SAN RAFAEL
Community Development Department Planning Division
Proposed Amendments –Other Changes Proposed
Chapter 3-Definitions added/modified/deleted
Chapter 13 -Wetland Overlay clarified that current land use (agricultural
cultivation) does not include cannabis.
Chapter 16 -Site and Use regulations
➢Deletion of current prohibition of medical marijuana dispensary
➢New section with comprehensive statement new cannabis rules
➢Modification to Home occupations to clarify cannabis businesses not allowed
as home occupation
Chapter 18 –Parking standards for the 3 new types of cannabis businesses
allowed in zoning
All proposed edits show in Exhibit A of Attachment 1 of staff report
CITY OF SAN RAFAEL
Community Development Department Planning Division
Planning Commission Review and Recommendation
Reviewed February 13, 2018
One public comment received
Adopted Resolution recommending approval of the zoning amendments to the City
Council.
Vote was 5-1-1
➢Commissioner Paul voting no and Commissioner Loughran absent).
➢Dissent based on the 2 reasons
✓Limited term of pilot program with no renewal clause
✓Premature to make zoning changes until a decision on the local tax is
made and election results are received.
One minor change since PC review. A proposed footnote (footnote #33) to the O
and C/O Districts was left out.
CITY OF SAN RAFAEL
Community Development Department Planning Division
Recommendation
Conduct a public hearing; and
Pass the Ordinance to print.
CITY OF SAN RAFAEL
Community Development Department Planning Division
Questions?????