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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?????