TO:
Honorable Mayor and Members of the City Council
THROUGH:
Mark Danaj, City Manager
FROM:
Anne McIntosh, Community Development Director
Laurie B. Jester, Planning Manager
Angelica Ochoa, Associate Planner
SUBJECT:Title
Second Reading of Ordinance Nos. 17-0024 and 17-0025 for Amendments to the Municipal Code and the Local Coastal Program to Prohibit All Commercial Cannabis Activity in the City, and to Allow Limited Indoor Cannabis Cultivation Consistent with State Law and Adoption of Resolution No. 17-0131Transmitting the Local Coastal Program Amendments to the California Coastal Commission (Community Development Director McIntosh).
ADOPT ORDINANCE NOS. 17-0024 AND 17-0025 AND RESOLUTION NO.17-0131
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Recommended Action
RECOMMENDATION:
Staff recommends that the City Council adopt:
(1) Ordinance No. 17-0024 amending the Municipal Code and Ordinance No. 17-0025 amending the Local Coastal Program to prohibit all commercial cannabis activity (both medical and non-medical) in all zones in the City, deliveries, and outdoor cultivation, and allow indoor cannabis cultivation consistent with State law; and
(2) Resolution No. 17-0131 authorizing the submission of Ordinance No. 17-0025 to the California Coastal Commission.
FISCAL IMPLICATIONS:
There is no direct fiscal impact associated with the adoption of the attached Ordinances. However, responding to state licensing authorities and ongoing code enforcement may require additional staff time.
BACKGROUND/ DISCUSSION:
After receiving public testimony at a public hearing on October 17, 2017, the City Council introduced Ordinance Nos. 17-0024 and 17-0025, Amendments to the Municipal Code Chapter 4.136 and adding Chapter 10.82 and A.82, the Local Coastal Program. The second reading was also scheduled for November 7, 2017. An Urgency Ordinance, ORD 17-0025-U, was also adopted and became effective immediately in order to bridge the gap in the Coastal Zone and maintain local control. The Coastal Commission’s action on the Coastal Amendment is anticipated to be after January 1, 2018 after the new State regulations take effect.
At this time, staff recommends that the City Council adopt Ordinance No. 17-0024 and No. 17-0025 and Resolution No. 17-0131.
ENVIRONMENTAL REVIEW:
The proposed Ordinances are not a “project” for purposes of the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines (14 CCR § 15000 et seq.). In that the ordinances would prohibit all commercial cannabis uses, it would not result in any direct physical change in the environment, or reasonably foreseeable indirect physical change in the environment.
LEGAL REVIEW:
The City Attorney has reviewed this report and approved as to form the ordinances and the Resolution.
Attachments:
1. Ordinance No. 17-0024
2. Ordinance No. 17-0025
3. Resolution No.17-0131