HomeMy WebLinkAboutCC Cannabis Zoning OrdinanceCLERK'S CERTIFICATE
I, LINDSAY LARA, City Clerk of the City of San Rafael, and Ex-Officio Clerk of the
Council of said City, do hereby certify that the foregoing
ORDINANCE NO. 1955
ORDINANCE OF THE CITY OF SAN RAFAEL CITY COUNCIL AMENDING SAN RAFAEL
MUNICIPAL CODE (SRMC) TITLE 14 -ZONING, SPECIFICALLY AMENDING SELECTED
CHAPTERS AND SECTIONS TO INCORPORATE ZONING REGULATIONS FOR CANNABIS
USES, INCLUDING: 1) ADD DEFINITIONS (SRMC 14.03), LAND USE PROVISIONS (SRMC
14.05 AND 14.06) AND PARKING REQUIREMENTS (SRMC 14.18) FOR CANNABIS
BUSINESSES WITHIN THE CITY LIMITS, SPECIFICALLY MEDICAL CANNABIS
DELIVERY, MEDICAL CANNABIS PRODUCT INFUSION, AND CANNABIS TESTINGILAB
USES; 2) PROHmIT ALL OTHER MEDICINAL AND ADULT USE CANNABIS BUSINESSES,
INCLUDING CULTIVATION (SRMC 14.16 AND 14.13); AND 3) UPDATE THE HOME
OCCUPATION STANDARDS AND SITE AND USE STANDARDS (SRMC 14.16) TO REFLECT
THE PROPOSED CANNABIS REGULATIONS;
(FILE NO. Z017-003)
is a true and correct copy of an Ordinance of said City, and was introduced at a REGULAR
meeting of the City Council of the City of San Rafael, held on the 5th day of March 2018; a
SUMMARY of Ordinance No. 1955 was published as required by City Charter in the MARIN
INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael, and passed and
adopted as an Ordinance of said City at a REGULAR meeting of the City Council of said City,
held on the 19 th day of March 2018, by the following vote, to wit:
AYES:
NOES :
ABSENT:
COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
COUNCILMEMBERS: None
COUNCILMEMBERS: None
WITNESS my hand and the official
Seal of the City of San Rafael this
20th day of March 2018
~~
LINDSAY LARA
City Clerk
SUMMARY OF ORDINANCE NO. 1955
ORDINANCE OF THE CITY OF SAN RAFAEL CITY COUNCIL AMENDING SAN
RAFAEL MUNICIPAL CODE (SRMC) TITLE 14 – ZONING, SPECIFICALLY
AMENDING SELECTED CHAPTERS AND SECTIONS TO INCORPORATE ZONING
REGULATIONS FOR CANNABIS USES, INCLUDING: 1) ADD DEFINITIONS (SRMC
14.03), LAND USE PROVISIONS (SRMC 14.05 AND 14.06) AND PARKING
REQUIREMENTS (SRMC 14.18) FOR CANNABIS BUSINESSES WITHIN THE CITY
LIMITS, SPECIFICALLY MEDICAL CANNABIS DELIVERY, MEDICAL CANNABIS
PRODUCT INFUSION, AND CANNABIS TESTING/LAB USES; 2) PROHIBIT ALL
OTHER MEDICINAL AND ADULT USE CANNABIS BUSINESSES, INCLUDING
CULTIVATION (SRMC 14.16 AND 14.13); AND 3) UPDATE THE HOME
OCCUPATION STANDARDS AND SITE AND USE STANDARDS (SRMC 14.16) TO
REFLECT THE PROPOSED CANNABIS REGULATIONS;
(FILE NO. ZO17-003)
This Summary concerns a proposed ordinance of the City Council of the City of San
Rafael, designated as Ordinance No. 1955, which will amend Title 14 of the San Rafael
Municipal Code, entitled “Zoning Ordinance” to add definitions, land use regulations, parking
standards and site and use regulations pertaining to cannabis uses as detailed in the complete text
of Ordinance No. 1955. Ordinance No. 1955 is scheduled for adoption by the San Rafael City
Council at its regular meeting of March 19, 2018. The City Clerk has been directed to publish
this Summary pursuant to City Charter and California Government Code section 36933(c)(1).
SUMMARY OF AMENDMENT TO MUNICIPAL CODE
The Ordinance will modify various chapters in Title 14 of the San Rafael Municipal Code
to: 1) add definitions (SRMC 14.03), land use provisions (SRMC 14.05, 14.06 and 14.13) and
parking requirements (SRMC 14.18) for cannabis businesses within the city limits, specifically
medical cannabis delivery, medical cannabis product infusion, and cannabis testing/lab uses; 2)
prohibit all other medicinal and adult use cannabis businesses, including cultivation (SRMC
14.16 and 14.13); and 3) update the home occupation standards and site and use standards
(SRMC 14.16)
For a copy of the complete text of Ordinance No. 1955 and more information on the
development of the Ordinance and a summary of the recent March 5, 2018 City Council meeting
in which it was presented and discussed, please visit https://www.cityofsanrafael.org/meetings.
You may also contact the City Clerk at (415) 485-3066. Copies of Ordinance No. 1955 will also
be available for public review as of Friday, March 9, 2018, at the San Rafael City Clerk’s Office,
1400 Fifth Avenue, 2nd Floor, Room 209 during regular business hours, 8:30 a.m. to 5:00 p.m.
/s/ Lindsay Lara
LINDSAY LARA
San Rafael City Clerk
Dated: March 9, 2018
ORDINANCE NO. 1955
ORDINANCE OF THE CITY OF SAN RAFAEL CITY COUNCIL AMENDING SAN RAFAEL
MUNICIPAL CODE (SRMC) TITLE 14 -ZONING, SPECIFICALLY AMENDING SELECTED
CHAPTERS AND SECTIONS TO INCORPORATE ZONING REGULATIONS FOR CANNABIS
USES, INCLUDING: 1) ADD DEFINITIONS (SRMC 14.03), LAND USE PROVISIONS (SRMC
14.05 AND 14.06) AND PARKING REQUIREMENTS (SRMC 14.18) FOR CANNABIS
BUSINESSES WITHIN THE CITY LIMITS, SPECIFICALLY MEDICAL CANNABIS
DELIVERY, MEDICAL CANNABIS PRODUCT INFUSION, AND CANNABIS TESTINGILAB
USES; 2) PROHmIT ALL OTHER MEDICINAL AND ADULT USE CANNABIS BUSINESSES,
INCLUDING CULTIVATION (SRMC 14.16 AND 14.13); AND 3) UPDATE THE HOME
OCCUPATION STANDARDS AND SITE AND USE STANDARDS (SRMC 14.16) TO REFLECT
THE PROPOSED CANNABIS REGULATIONS;
(FILE NO. ZOI7-003)
WHEREAS, the City of San Rafael has prohibited medical cannabis dispensaries since 1997, in
response to the passing of the 1996 Compassionate Use Act, a ballot initiative known as Proposition 215 .
Since that time, no cannabis businesses have been permitted in City limits; and
WHEREAS, on November 8, 2016, the voters of the State of California enacted Proposition 64,
the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) to allow for nonmedical/recreation
adult-use. Cities and counties throughout California are revisiting local cannabis regulations to address a
legal cannabis regulatory landscape; and
WHEREAS, Proposition 64 allows for nonmedical/recreation adult-use. The developing
regulatory framework in AUMA establishes a comprehensive system to legalize, control and regulate the
cultivation, processing, manufacture, distribution, testing and sale of nonmedical/recreation adult-use
cannabis; and
WHEREAS, Proposition 64 reserves to local jurisdictions the right to impose additional local
regulations on medical and nonmedical/recreation adult-use commercial activities, and to prohibit them
entirely if they choose to do so.
WHEREAS, in January 2017, San Rafael City Council reviewed the statutory law of AUMA and
instructed staff to form a City Council ad-hoc subcommittee to review San Rafael's cannabis policies. The
Medical Cannabis Council Ad-Hoc Subcommittee (MC Subcommittee) included Councilmember Kate
Colin and Councilmember John Gamblin and City staff from various departments ; and
WHEREAS, In July 2017, the Governor signed Senate Bill 94, entitled the Medical and Adult-
Use Cannabis Regulation and Safety Act (MAUCRSA), which took effect immediately; and
WHEREAS, over the course of several months, the MC Subcommittee reviewed all license types
available under the State's medical cannabis framework Medical Cannabis Regulation and Safety Act of
2015 (MCRSA) to develop a set of recommendations for full Council consideration; and
WHEREAS, the MC Subcommittee reviewed federal and state regulatory milestones to understand
the evolution of legal medical and nonmedical/recreational adult use cannabis and the implications for the
City of San Rafael. The MC Subcommittee decided to only focus on medical, while prohibiting
nonmedical/recreational adult-use commercial cannabis activities for now. Consensus was reached on
exploring a limited number of medical cannabis permits in San Rafael and was to be forwarded to the full
Page 1
City Council for review and action. The consensus was to meet the following objectives: a) Discreet, low
impact and minimal public interface; b) Provide safe patient access, c) Improve transparency and reduce
public safety risks; d) Add new revenue to support city infrastructure and services; e) Create new jobs,
produce artisan products; and f) Promote a diversified economy; and
WHEREAS, on December 4, 2017, the Council conducted a public hearing to consider an
Urgency Ordinance. In conclusion, the Council adopted Ordinance No. # 1949, amending the San Rafael
Municipal Code (SRMC) to add a new Chapter (SRMC 10.96) regUlating commercial cannabis activity in
San Rafael city limits, as an Urgency Ordinance, in order to advance local regulations before the State of
California begins accepting commercial cannabis applications on January 2, 2018; and
WHEREAS, Urgency Ordinance No. 1949 was adopted for the immediate preservation of the
public peace, health or safety, because without a clear statement as to which commercial cannabis
activities will be permitted in San Rafael, there is a possibility that state law will issue licenses for a much
wider variety of commercial cannabis activities in the City than the MC Subcommittee has recommended.
The urgency Ordinance established the following:
Permitted Medical Cannabis Commercial Operations
Authorize a limited number of commercial medical cannabis operator licenses:
• Medical cannabis delivery (State License Type 9)
• Medical cannabis product manufacturing, ie infused products (State License -Class N)
• Cannabis testing lab (State License -Type 8). The State of California will only be
providing cannabis testing labs with one license to service both medical and
nonmedical/recreational adult-use for public safety reasons.
Prohibited Medical Cannabis Commercial Operations
The new ordinance prohibits the following commercial medical cannabis activities:
• Cultivation, processing and some manufacturing activities
• Dispensaries
Prohibited Nonmedical/Recreation Adult-use Cannabis Commercial Operations
The new ordinance also prohibits:
• All commercial nonmedical/recreation adult-use cannabis activities allowed under AUMA
pending further staff reviews of the State's new MAUCRSA regulations.
WHEREAS, on January 16, 2018, the Council conducted a public hearing and considered a
Resolution outlining the application process/requirements and establishing the number of licenses; and.
WHEREAS, on January 16, 2018, the City Council adopted Resolution No. 14455, which
approved the application process/form and established the following number of licenses: a) Four (4)
licenses for Cannabis testing/lab (medicinal and adult use); b) Eight (8) licenses or Cannabis infused
products (medicinal); and c) Four (4) licenses for Cannabis delivery (medicinal); and
WHEREAS, following the Council's adoption of Ordinance No. 1949 to establish SRMC 10.96
for the regulation and licensing of medicinal Cannabis businesses and the adoption of Resolution No. 14455
to create a pilot program with license limits, the City must next establish the land uselzoning rules for
allowing cannabis-related uses, specifically the type of cannabis-related uses that will be allowed, where
those uses will be allowed in the city and whether land use pennits are required for cannabis uses; and
Page 2
WHEREAS, City staff initiated amendments to SRMC Title 14 (Zoning Ordinance) to implement
the prior actions and outline appropriate Zoning Districts for the new uses and public notice for the
amendments to the Zoning Ordinance were noticed in the Marin Independent Journal on January 30, 2018;
and
WHEREAS, on February 13,2018, the Planning Commission held a duly-noticed public hearing
on the proposed amendments to the San Rafael Municipal Code, Title 14, accepting all public testimony
and the written report of the Department of Community Development; and
WHEREAS, on February 13, 2018, the Planning Commission adopted Resolution No. 18-03,
recommending approval of the Zoning Ordinance amendments to the City Council by a vote of 5-1-1, witlJ
Commissioner Paul dissenting and Commission Loughran absent; and
WHEREAS, on March 5, 2018, the City Council held a duly-noticed public hearing through a
public notice published the Marin Independent Journal on February 17,2018. The Council considered the
proposed amendments to SRMC Title 14 (Zoning Ordinance), accepting all public testimony and the written
report of the Community Development Department; and
WHEREAS, the amendments to the SRMC Title 14, do not propose any changes to City policies
or regulations that would result in a direct or indirect physical, environmental impact; therefore it has been
determined that this ordinance amendment is covered by the general rule that the California Environmental
Quality Act (CEQA) applies only to projects which have the potential for causing a significant effect on
the environment pursuant to CEQA Guidelines Section 15061(b)(3), and is not subject to environmental
review; and
WHEREAS, the City Council makes the following findings, pursuant to SRMC Section 14.27.060
for adoption of the amendments to SRMC, Title 14 (Zoning Ordinance), as outlined in Exhibit A:
1. The amendments to SRMC, Title 14 (Zoning Ordinance) are consistent with the policies and
programs of the San Rafael General Plan 2020 in that:
a. As proposed, the amendments would update the Zoning Ordinance to 1) incorporate the
definitions, land use allowances and parking requirements for cannabis uses into the
Zoning Ordinance; 2) delete or update obsolete provisions; 3) update existing Site and Use
regulation related to cannabis-related uses; and 4) update Home Occupations regulations
to clarify the City's intent for cannabis uses as home occupations. This action would be
consistent with General Plan Program LU-23a (Zoning Ordinance Amendments), which
encourages periodic updates to the Zoning Ordinance in order to maintain a current and
internally consistent code; and reflect the prior actions by the Council.
b. As proposed, the amendments would be consistent with Land Use (LU) Policies LU-J4
(Land Use Compatibility), LU-J6 (Building and Automotive Services) and LU-J7 (Limited
Retail and Service Uses in industrial and Office Areas) and LU-22 (Odor Impacts). The
Zoning Ordinance amendments to allow certain cannabis-related uses in the Industrial and
limited commercial area would be compatible with other testing, manufacturing and
deli very types of uses in those area. Additional regulations specific to cannabis-related
business would assure limited interface with residential or school uses. In addition, the
limitations that will be established on the number of licenses through adoption of a separate
City Council Resolution will minimize the potential for cannabis uses to take over the
City'S limited industrial and light industrial areas or to impact certain important uses such
as building and automotive services. Furthermore, no retail uses of cannabis are proposed
Page 3
to be allowed, therefore, the amendments will not impact the City's limited industrial areas.
Although the three types of cannabis uses proposed to be allowed in San Rafael would
include certain office areas, specifically the Commercial/Office land use designation, the
City does have an overabundance of office space and high vacancies that can absorb the
limited number of cannabis uses. Lastly, any potential odor impacts from cannabis uses
would be regulated through the licensing process and the types and quantities of cannabis
that can be stored in these uses will be minimal. .
c. As proposed, the amendments would be consistent with Economic Vitality Element (EV)
Policies EV-J (Economic Health and Quality of Life), EV-2 (Seek, Retain and Promote
Business that Enhance San Rafael), EV-6 (Shop Locally) and EV-8 (Diversity of ollr
Economic Base). With the passage of the new state law, there is significant demand and
interest in a wide range of cannabis uses throughout the State. Each City and county is
evaluating this topic and evaluating options for how their communities will address
cannabis uses. The cannabis industry and the potential for taxation can bring significant
financial benefits to a community. In addition to establishing the regulatory framework and
the types of cannabis uses that will be allowed in the City of San Rafael, the City is also
exploring options to modify the City's taxing authority to collect taxes on the businesses
within the City of San Rafael. It is likely that a ballot initiative will be considered to
establish a local cannabis excise tax in the near future. These proposed amendments would
open the City to accommodate a few types of uses in the cannabis business chain, in limited
numbers. The addition of these businesses will diversify the city's economic base,
especially at a time where the retail industry is changing, and thereby affecting the City'
tax base.
2. The public health, safety and general welfare are served by adoption of the proposed Zoning
Ordinance amendments, in that they would: a) correct errors and inconsistencies and delete
obsolete code provisions; b) incorporate new code provisions to address a State-wide voter
initiative to allow for nonmedical/recreation adult-use cannabis activities; c) Reflect the San
Rafael City Council's prior actions to allow certain cannabis-related uses; c) implement
policies and programs in the San Rafael General Plan 2020 that encourage periodic update to
the Zoning Ordinance and ensure consistency with the General Plan; and d) promote existing
and new businesses and industry to serve residents of San Rafael and Marin County.
NOW, THEREFRORE, THE CITY COUNCIL OF TEHE CITY OF SAN RAFAEL DOES
HEREBY ORDAIN AS FOLLOWS:
DIVISION 1. Findings
The City Council of the City of San Rafael hereby determines and finds that all of the facts and
statements contained in the recitals herein and the finding of Planning Commission Resolution 18-03,
Page 4
adopted February 13, 2018, recommending to the City Council adoption of this Ordinance are true and
correct.
DIVISION 2. Approval
The City Council of the City of San Rafael hereby approves and adopts the amendments to SRMC
Title 14 (Zoning Ordinance), as presented in Exhibits "A", attached hereto and incorporated herein by
reference.
DIVISION 3. Publication
A summary of this Ordinance shall be published and a certified copy of the full text of this
Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the Council meeting
at which it is adopted.
This Ordinance shall be in full force and effect thirty (30) days after its final passage, and the
summary of this Ordinance shall be published within fifteen (15) days after the adoption, together with the
names of those Council members voting for or against same, in the Marin Independent J oumal, a newspaper
of general circulation published and circulated in the City of San Rafael, Marin County, State of California.
Within fifteen (15) days after adoption, the City Clerk shall also post in t e office of the City
Clerk a certified copy of the full text of this Ordinance, along with the names of t ose Councilmembers
voting for or against the Ordinance.
ATIEST:
LINDSAY LARA, City Clerk
The foregoing Ordinance No. 1955 was read and introduced at a regular meeting of the City
Council of the City of San Rafael on Monday, March 5,2018 and was ordered passed to print by the
following vote, to wit:
AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: None
And will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the
Council to be held on the 19 th day of March 2018.
Exhibit A-
LINDSA Y LARA, City Clerk
Amendments to San Rafael Municipal Code (SRMC) -Title 14 (Zoning
Ordinance)
Page 5
Attachment 1 -Exhibit A
Amendments to San Rafael Municipal Code (SRMC) Title 14 -Zoning
The following sections of the San Rafael Municipal Code (SRMC) Title 14 -Zoning are hereby
amended as follows:
Chapter 14.03 -Definitions
1. Amend the list of definitions in Section 14.03.030 by inserting new definitions, as
identified by underline/italics, in alphabetical order, as follows:
"Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis
indica, or Cannabis rude ra lis, whether growing or not; the seeds thereot· the
resin, whether crude or purified, extracted from any part ofthe plant; and evelY
compound, manufacture, salt, derivative, mixture, or preparation of the plant, its
seeds, or resin. "Cannabis" also means the separated resin, whether crude or
purified, obtained from cannabis. "Cannabis" does not include the mature stalks
ofthe plant, fiber produced from the stalks, oil or cake made from the seeds ofthe
plant, any other compound, manufacture, salt, derivative, mixture, or preparation
ofthe mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or
the sterilized seed ofthe plant which is incapable of germination. For the purpose
of this division, "cannabis" does not mean "industrial hemp" as defined by
Section 11018.5 oftlze Health and Safety Code.
"Cannabis Testingllab" means a laboratOlY, facility, or entity in the state that
offers or pelfonns tests of cannabis or cannabis products (either medicinal and
adult use) as further defined in SRMC 10.96.040. This sort of use is regulated by
the State of Califomia as a Type 8 Cannabis license.
"Cannabis Delivery" means the commercial transfer of medicinal cannabis or
cannabis products to a customer. "Delivery" also includes the use by a retailer
of any technology platform. This sort of use is regulated by the State of Califomia
as a Type 9 Cannabis license.
"Cannabis Infused Products" means producing edible or topical products that
include pre extracted cannabis oils, to create edibles, beverages, capsules, vape
cartridges tinctures or topical for medicinal purposes. This sort of use is regulated
by the State of Califomia as a Class N (Infusions) Cannabis license. Cannabis
infused products may also include shared use ofa facility by multiple businesses
that perform cannabis infused products, (similar to a commercial kitchen). Shared
product infusion is regulated by the State of CaUfomia as Type S Cannabis
license. Distribution and transport of cannabis infused products as part of normal
operations of the business is considered an ancillary use to this category and
therefore allowed
Attachment 1-Exhibit A Page lof6
"Dispensmy" means a storefront or facility where cannabis. cannabis products.
or devices for the use of cannabis or cannabis products are offered. either
individually or in any combination. for retail sale.
"Medical cannabis" or "medicinal cannabis" means cannabis or a cannabis
product. respectively. intended to be sold for use pursuant to the Compassionate
Use Act of 1996 (Proposition 215). as further defined by SRMC 10.96.040.
2. Amend the list of definitions in Section 14.03.030 by deleting the following existing
definition in it's entirety, as noted by strili:ethr8ugh text, as follows:
"Medical marijualZa dispelZsary" which is means a facility where marijuana is made
available for medical purposes in accordance with Health and SBjfety Code Section
11362.5 (Preposition 215).
Chapter 14.05.020 -Land Use Regulations (GC, NC, 0, CIO, RIO, FBWC)
3. Amend Table 14.05.020 by inserting new land use classifications, land use allowance and
additional use regulations, as noted by underline/italics. in the location specified below,
as indicated below:
Table 14.05.020
Type of Land Use GC NC 0 CIO RIO FB Additional
WC Use
* Regulations
Printing shops P P P CZ
Cannabis Related
Uses
Cannabis P (331 P (331 *Subiect to
Testing/lab additional
regulations and
pennitting (See
SRMC Chapter
10.961
Attachment 1-Exhibit A Page 2 of6
Cannabis P (331 P (331 *Subiect to
Deliverv additional
regulations and
eermitting (See
SRMC Chaeter
10.961
Cannabis P (32
Infused & 331
Products
Card rooms See Chapter
10.36
4. Amend the footnotes to the Table 14.05.020 by inserting new footnotes, noted by
u1lderli1le/italics, in numerical order specified below, as indicated below:
(321 Shall not be located within three hundred (3001 feet away of a residential zoning
district (R. DR or HRl. as measured from the property lines of each parcel. Ifwithin 300 ft.
then use is erohibited.
(331 Shall not be located within 600 feet from schools (public and erivate 1. as measured
from the eroeerty lines of each parcel.
Chapter 14.06.020 -Land Use Regulations a, LIIO. CCIIO, LMU)
5. Amend the Table 14.06.020 by inserting new land use classifications, permitting authority
and additional use regulations, as noted by u1lderli1le/italics, in the location specified
below, as indicated below:
Table 14.06.020
Types of Land I LIIO CCIIO LMU Additional Use
Use Regulations
Printing P P P P
Shops
Cannabis Related
Uses
Attachment 1-Exhibit A Page 3 of6
Cannabis J!..ill PUl J!..ill *Subiect to
Testing! additional
lab regulations and
eennitting (See
SRMC Chaeter
10.96l
Cannabis J!..ill J!..ill J!..ill *Subiect to
DelivelY additional
regulations and
Qennitting (See
SRMC Chaeter
10.96l
Cannabis J!..ill J!..ill J!..ill *Subiect to
Infused additional
Products regulations and
Qermitting (See
SRMC ChaQter
10.96l
Card Rooms C See Chapter
10.36
6. Amend the footnotes Table Section 14.05.020 by inserting a new footnote, noted by
underline/italics, as specified below, as indicated below:
Ul Shall not be located within 600 feet from schools (eublic and erivate l. as measured from
the Qroeerty lines of each Qarcel.
Chapter 14.13.030 -Land Use Regulations (-WO)
7. Amend the land use table in Section 14.13.030 by inserting new language under the
"Additional Use Regulations" column, noted by underline/italics, as indicated below:
Table 14.13.030
Type of Land Use WO Additional Use Regulations
Agriculture, cultivation of crops C Excludes cultivation o[ cannabis, which
is erohibited throughout the Citv o[San
Ra[ael
Attachment 1-Exhibit A Page 4 of6
Chapter 14.16.245 -Prohibition on Medical Marijuana dispensaries
8. Delete Section 14.16.245 in its entirety, as noted by smkethrfJug/l, as indicated below:
14.16.245 Medical marijuana dispensary.
A medical marijuana dispensary is not an allmvable use within any district of
the city.
Chapter 14.16.045 -Cannabis Uses
9. Add a new Section 14.16.045, by inserting new title and text, as noted by underline/italics,
as indicated below:
14.16.045 -Cannabis Uses
Specific medical cannabis uses are allowed by the Zoning Ordinance, as specified
in the land use tables and as defined by the definition chapter, including and limited to
cannabis testingllab (both medicinal and recreational adult use), cannabis infused
products (medicinal only) and cannabis delivery (medicinal only). All other medicinal or
recreational medical cannabis uses, such as dispensaries, cultivation, and processing are
prohibited.
The land use regulations contained pertaining to cannabis in this Title do not apply
to personal cultivation or use of cannabis. Personal cultivation and use of cannabis shall
be subject to State law and any limitation imposed by state law.
Chapter 14.16.220 -Home Occupations
10. Amend the section to delete and replace subsection I, as noted by stFiI(ethF9Hgh
underline/italics, as indicated below:
F. Uses that are Prohibited. The following uses by the nature of the business or
operation have a pronounced tendency once started to rapidly increase beyond the
limits permitted for home occupations or cannot operate in compliance with
applicable licensing requirements or the home occupation performance standards
and thereby substantially impair the use and value of a residential area for residence
purposes (e.g., the use would generate impacts on the surrounding neighborhood
that are more frequent than that usually experienced in an average residential
occupancy in the district under normal circumstances wherein no home occupation
exists. This may include but not be limited to a home occupation that would
generate traffic associated with the business outside of normal daytime business
hours or on Sundays, or other impacts not typically associated with a home
occupation use such as excess vehicle parking or storage of materials or equipment).
Therefore the uses specified below, and any use determined by the community
development director to be similar in its operations or potential impacts, shall not be
permitted as home occupations:
a. Animal keeping for commercial purposes (such as commercial pet sitting,
boarding or animal training);
Attachment 1-Exhibit A Page 5 of6
b. Auto repair, minor or major;
c. Auto sales;
d. Carpentry;
e. Dance instruction;
f. Dental or medical offices;
g. Painting of vehicles, trailers or boats;
h. Photo-developing or photo studios;
1. Private schools with organized classes;
j. Upholstering;
k. Fortunetelling.
1. Any cannabis related business (personal use and cultivation are permitted
subject to limitations of state law) Medical marijuana dispensary, ..... hich is not
permitted in any district ..... ithin the city of San Rafael;
m. Firearms dealer;
n. Taxi service, dispatch, or vehicle tow service.
Chapter 14.18.40 (Parking Requirements):
11. Amend the Chart 14.18.040 by inserting new land use classifications and parking
requirements, noted by underline/italics in the location specified below, as indicated
below:
Chart 14.18.040
Use Classification Off-Street Parking Required
Wholesale and distribution 1 space per 500 sq. ft. gross building sq. ft.
Cannabis testing/lab, cannabis 1 space per 500 gross building sq. fl..
infjlsed products and cannabis
deliveQ!.
Marinas 3 spaces for every 4 boat slips. Plus
parking for support uses in the marina,
such as restaurants or retail uses.
Attachment 1-Exhibit A Page 6 of6