REPORT TO PLANNING AND DESIGN COMMISSION City of Sacramento

Transcription

1 REPORT TO PLANNING AND DESIGN COMMISSION City of Sacrameto 4 PUBLIC HEARING March 9, 2017 To: Members of the Plaig ad Desig Commissio: Subject: Ordiace Amedig the Plaig ad Developmet Code related to Marijuaa Testig (M17-006) Locatio: Citywide Cotact: Joy Patterso, Pricipal Plaer, Recommedatio: Pass a motio to forward a recommedatio to the City Coucil to approve the proposed amedmets to the City Code relatig to the testig of marijuaa. Summary: O November 15, 2016 the Law ad Legislatio Committee reviewed proposed regulatios for permittig marijuaa maufacturig facilities ad testig laboratories i the City of Sacrameto. The Committee voted to direct the City Maager to prepare the ecessary ordiaces to allow operatig permits for these busiesses subject to requiremets icludig a coditioal use permit (CUP). The proposed ordiace would amed the Plaig ad Developmet Code to allow a coditioal use permit for marijuaa testig facilities i the Geeral Commercial (C-2), Heavy Commercial (C-4), Light Idustrial (M-1, M-1S), Heavy Idustrial (M-2, M-2S), Maufacturig Idustrial Park (MIP) ad Maufacturig Research Developmet (MRD) zoes. Backgroud Iformatio: The ate of Califoria ad the City of Sacrameto both wish to esure that the marijuaa ad products cotaiig marijuaa sold i the city s dispesaries are safe to igest. The state will require that marijuaa that is commercially cultivated i the state be tested prior to allowig it to be distributed. Testig sites will be eeded i the City to test samples of the marijuaa grow i the regio. For a compariso, research laboratories, which iclude laboratories that test products but do ot have facilities for the maufacture or sale of products, are permitted i the M-1, M- 1S, M-2, M-2S, MIP ad MRD zoes. Medical laboratories are permitted i additioal commercial zoes, icludig the C-2 ad C-4 zoes. aff fids that, with certai special use regulatios, it would be appropriate to permit marijuaa testig facilities i these zoes. The special use regulatios are: 1

2 must be withi a fully eclosed buildig ad must ot be visible from the public right-of-way; The testig site caot be located withi 600 feet of a school as defied by the Califoria Health ad Safety Code; The testig site caot have more tha oe sig, oillumiated, maximum size of six square feet i area; The testig must comply with all applicable state ad local laws; ad, The testig facility caot exceed 6,400 square feet i area i the C-2 zoe. If the site is withi 600 feet of a eighborhood or commuity park the coditioal use permit would be heard by the Plaig ad Desig Commissio. If the site is ot withi 600 feet of a eighborhood or commuity park the coditioal use permit would be heard by the Zoig Admiistrator. Committee Actio: O November 15, 2016, by a vote of three ayes ad oe abset, the Law ad Legislatio Committee voted to direct the City Maager s staff to prepare ordiaces related to marijuaa testig, icludig amedig Title 17 to permit the use i the above-metioed zoes with coditioal use permit approval, ad forward the ordiaces to the City Coucil. Evirometal Cosideratio: this actio is ot a project subject to the Califoria Evirometal Quality Act (CEQA) because it ivolves oly geeral policy ad procedure makig ad does ot have the potetial for resultig i either a direct physical chage i the eviromet, or a reasoably foreseeable idirect physical chage i the eviromet (CEQA Guidelies, sectios 15002(d), 15378, 15061(b)(3).) Policy Cosideratios: The Sacrameto City Coucil has adopted regulatios pertaiig to medical marijuaa dispesaries ad cultivatio i the City of Sacrameto. The ate of Califoria has also adopted the Medical Caabis Regulatio ad Safety Act (MCRSA) which affects state ad local govermet licesig/permittig of medical marijuaa busiesses. MCRSA requires that marijuaa that is dispesed i the state be safe to igest ad gives local jurisdictios the ability to authorize testig facilities. The impact of ot allowig marijuaa testig facilities i the City could make it very difficult for marijuaa ad marijuaa products to be tested for umerous health ad safety issues for people who igest them.

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4 City Plaig Commissio Record of Decisio/Recommedatio: (M17-005) Attachmet 1 A. The Plaig ad Desig Commissio recommeds approval ad forwards to the City Coucil the Ordiace amedig various provisios of Title 17 of the Sacrameto City Code relatig to marijuaa testig as set forth i Attachmets 2 ad 3 ad based upo the followig fidigs of fact: 1. As ameded, title 17 complemets, supports, ad facilitates the implemetatio of the goals, policies, ad other provisios of the geeral pla ad the city s specific plas ad trasit village plas; ad 2. The amedmet promotes the public health, safety, coveiece, ad welfare of the city.

5 ORDINANCE NO. Attachmet 2 Adopted by the Sacrameto City Coucil Date Adopted AN ORDINANCE AMENDING VARIOUS PROVISIONS OF TITLE 17 OF THE SACRAMENTO CITY CODE (THE PLANNING AND DEVELOPMENT CODE) RELATING TO MARIJUANA TESTING BE IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO: SECTION 1. The city coucil fids the followig: 1. As ameded by this ordiace, the Plaig ad Developmet Code complemets, supports, ad facilitates the implemetatio of the goals, policies, ad other provisios of the geeral pla ad the city s specific plas ad trasit village plas; ad 2. The amedmets i this ordiace promote the public health, safety, coveiece, ad welfare of the city. SECTION 2. A. Sectio ( M defiitios) of the Sacrameto City Code is ameded as follows: 1. The defiitio of marijuaa is added to read as follows: Marijuaa has the same meaig as caabis i Califoria Busiess ad Professios Code sectio , which icludes marijuaa as defied i Califoria Health ad Safety Code sectio The defiitio of marijuaa cultivatio is ameded to read as follows: Marijuaa cultivatio meas ay activity ivolvig the platig, growig, harvestig, dryig, curig, gradig, or trimmig of marijuaa. As used i this defiitio, marijuaa has the same meaig as caabis i sectio of

6 the Califoria Busiess ad Professios Code, which icludes marijuaa as defied i sectio of the Califoria Health ad Safety Code. 3. The defiitio of marijuaa product is added to read as follows: "Marijuaa product" meas a item cotaiig marijuaa. Marijuaa product icludes but is ot limited to cocetrates, extractios, edibles, ad topicals. Marijuaa product does ot iclude accessories or parapheralia that may be used with marijuaa but do ot cotai ay marijuaa. 4. The defiitio of marijuaa testig is added to read as follows: "" meas performig scietific aalysis of marijuaa or marijuaa products to determie its chemical profile, the presece of cotamiats, or other similar data. B. Except as specifically ameded i sectio A above, all other provisios of sectio remai uchaged ad i full effect. SECTION 3. sectio (C-2 zoe Permitted Uses) of the Sacrameto City Code is i sectio remai uchaged ad i full effect. SECTION 4. sectio (C-4 zoe Permitted uses) of the Sacrameto City Code is i sectio remai uchaged ad i full effect.

7 SECTION 5. sectio (M-1 zoe Permitted uses) of the Sacrameto City Code is i sectio remai uchaged ad i full effect. SECTION 6. sectio (M-1(S) zoe Permitted uses) of the Sacrameto City Code is i sectio remai uchaged ad i full effect. SECTION 7. sectio (M-2 zoe Permitted uses) of the Sacrameto City Code is i sectio remai uchaged ad i full effect. SECTION 8. sectio (M-2(S) zoe Permitted uses) of the Sacrameto City Code is

8 i sectio remai uchaged ad i full effect. SECTION 9. A. The table set forth i subsectio B.1 (Idustrial ad Agricultural Uses) of sectio (MIP zoe Permitted uses) of the Sacrameto City Code is i sectio remai uchaged ad i full effect. SECTION 10. sectio (MRD zoe Permitted uses) of the Sacrameto City Code is i sectio remai uchaged ad i full effect. SECTION 11. Sectio is added to the Sacrameto City Code to read as follows:. A. may oly be established i the C-2, C-4, M-1, M- 1(S), M-2, M-2(S), MIP, ad MRD zoes as follows: 1. Except as provided i subsectio 2, a coditioal use permit approved by the zoig admiistrator is required.

9 2. A coditioal use permit approved by the plaig ad desig commissio is required where the marijuaa testig site is withi 600 feet of: a. A park idetified as a eighborhood park or commuity park i the city s most recetly adopted Parks ad Recreatio Master Pla; or b. A park ot yet idetified i the city s most recetly adopted Parks ad Recreatio Master Pla. 3. The zoig admiistrator may approve a coditioal use permit for marijuaa testig based o the fidigs set forth i sectio C ad the followig: a. The proposed marijuaa testig will ot adversely affect the peace or geeral welfare of the surroudig eighborhood; ad b. The proposed marijuaa testig will ot result i udue cocetratio of marijuaa maufacturig establishmets. B. I ay zoe, marijuaa testig must comply with the followig provisios: 1. The marijuaa testig must be withi a fully eclosed buildig ad must ot be visible from the public right-of-way. 2. The marijuaa testig site caot be located withi 600 feet of a school, i accordace with Califoria Health ad Safety Code sectio The marijuaa testig site caot have more tha oe sig. The sig may be attached or detached. The sig caot be illumiated ad caot exceed six square feet i area. 4. The marijuaa testig must comply with all applicable state ad local laws. C. I the C-2 zoe, a marijuaa testig site caot exceed 6,400 square feet i area.

10 ORDINANCE NO. Attachmet 3 Adopted by the Sacrameto City Coucil Date Adopted AN ORDINANCE AMENDING VARIOUS PROVISIONS OF TITLE 17 OF THE SACRAMENTO CITY CODE (THE PLANNING AND DEVELOPMENT CODE) RELATING TO MARIJUANA TESTING BE IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO: SECTION 1. The city coucil fids the followig: 1. As ameded by this ordiace, the Plaig ad Developmet Code complemets, supports, ad facilitates the implemetatio of the goals, policies, ad other provisios of the geeral pla ad the city s specific plas ad trasit village plas; ad 2. The amedmets i this ordiace promote the public health, safety, coveiece, ad welfare of the city. SECTION 2. A. Sectio ( M defiitios) of the Sacrameto City Code is ameded as follows: 1. The defiitio of marijuaa is added to read as follows: Marijuaa has the same meaig as caabis i Califoria Busiess ad Professios Code sectio , which icludes marijuaa as defied i Califoria Health ad Safety Code sectio The defiitio of marijuaa cultivatio is ameded to read as follows: Marijuaa cultivatio meas ay activity ivolvig the platig, growig, harvestig, dryig, curig, gradig, or trimmig of marijuaa. 3. The defiitio of marijuaa product is added to read as follows:

11 "Marijuaa product" meas a item cotaiig marijuaa. Marijuaa product icludes but is ot limited to cocetrates, extractios, edibles, ad topicals. Marijuaa product does ot iclude accessories or parapheralia that may be used with marijuaa but do ot cotai ay marijuaa. 4. The defiitio of marijuaa testig is added to read as follows: "" meas performig scietific aalysis of marijuaa or marijuaa products to determie its chemical profile, the presece of cotamiats, or other similar data. B. Except as specifically ameded i sectio A above, all other provisios of sectio remai uchaged ad i full effect. SECTION 3. sectio (C-2 zoe Permitted Uses) of the Sacrameto City Code is i sectio remai uchaged ad i full effect. SECTION 4. sectio (C-4 zoe Permitted uses) of the Sacrameto City Code is i sectio remai uchaged ad i full effect. SECTION 5. sectio (M-1 zoe Permitted uses) of the Sacrameto City Code is

12 i sectio remai uchaged ad i full effect. SECTION 6. sectio (M-1(S) zoe Permitted uses) of the Sacrameto City Code is i sectio remai uchaged ad i full effect. SECTION 7. sectio (M-2 zoe Permitted uses) of the Sacrameto City Code is i sectio remai uchaged ad i full effect. SECTION 8. sectio (M-2(S) zoe Permitted uses) of the Sacrameto City Code is

13 i sectio remai uchaged ad i full effect. SECTION 9. A. The table set forth i subsectio B.1 (Idustrial ad Agricultural Uses) of sectio (MIP zoe Permitted uses) of the Sacrameto City Code is i sectio remai uchaged ad i full effect. SECTION 10. sectio (MRD zoe Permitted uses) of the Sacrameto City Code is i sectio remai uchaged ad i full effect. SECTION 11. Sectio is added to the Sacrameto City Code to read as follows:. A. may oly be established i the C-2, C-4, M-1, M- 1(S), M-2, M-2(S), MIP, ad MRD zoes as follows: 1. Except as provided i subsectio 2, a coditioal use permit approved by the zoig admiistrator is required. 2. A coditioal use permit approved by the plaig ad desig commissio is required where the marijuaa testig site is withi 600 feet of:

14 a. A park idetified as a eighborhood park or commuity park i the city s most recetly adopted Parks ad Recreatio Master Pla; or b. A park ot yet idetified i the city s most recetly adopted Parks ad Recreatio Master Pla. 3. The zoig admiistrator may approve a coditioal use permit for marijuaa testig based o the fidigs set forth i sectio C ad the followig: a. The proposed marijuaa testig will ot adversely affect the peace or geeral welfare of the surroudig eighborhood; ad b. The proposed marijuaa testig will ot result i udue cocetratio of marijuaa maufacturig establishmets. B. I ay zoe, marijuaa testig must comply with the followig provisios: 1. The marijuaa testig must be withi a fully eclosed buildig ad must ot be visible from the public right-of-way. 2. The marijuaa testig site caot be located withi 600 feet of a school, i accordace with Califoria Health ad Safety Code sectio The marijuaa testig site caot have more tha oe sig. The sig may be attached or detached. The sig caot be illumiated ad caot exceed six square feet i area. 4. The marijuaa testig must comply with all applicable state ad local laws. C. I the C-2 zoe, a marijuaa testig site caot exceed 6,400 square feet i area.

15 Marijuaa Testig (M17-006) March 9, 2017 Attachmet 4 City of Sacrameto Zoes C-2, C-4, M-1/M-1S, M-2/M-2S, MIP, MRD, Schools, Parks þ } þ } 99 W Elkhor Blvd Natomas Blvd 99 Raley Blvd Bell Ave W El Camio Ave Garde Hw y N 12th X ( / Rd ille Jack so Rd Rd t Blvd Ave Blvd kto ville Freep or Flori Rd þ } 99 Rd Meadowview k Fra cket Rd Po Elder Creek Rd Ave 47th Fruitridge Rd c o ter 43rd Ave ks Blvd Oa 50 ay Sut ir Fa dw oa Br 5 80 J ve tt A Wa $ "! # Q Exposi tio Blvd 16th K N Seamas, + * ) 29th rg 3rd 5th I r ee t B Lad-Use Zoig C-2 -Geeral Commercial C-4 -Heavy Commercial M-1/M-1S -Idustrial M-2/M-2S -Heavy Idustrial MIP - Maufacturig-Idustrial Park MRD - Maufacturig, Research ad Developmet 160 Arde W ay Withi 600 Feet of a Private, Public, Charter School, or a Neighborhood or Commuity Park þ } Richard s Blvd th 12 21st School lle B lvd El Camio Ave Flori Perkis Rd River li Blv d Ce ter Pkwy Map Created: 2/23/17 Bruceville Rd 65th reet Expy Public Park S Watt Ave Major Road d Blv r u b Au Howe Ave ysvi Sa Mar Rd City Boudary d Jua R 80 59th l xe Tru $ "! # Norwood Ave Area Blvd Mai Ave Ro se v Etha Way 65th Del Paso Rd Northgate Blvd El Cetro Rd Sheldo Rd 2 Miles

16 Ordiace Amedmet Related to Marijuaa Testig (M17-006) March 9, 2017 Attachmet 5 City of Sacrameto Zoes: MIP, MRD, Schools, Parks þ } þ } 99 W Elkhor Blvd Natomas Blvd 99 Raley Blvd Bell Ave El Camio Ave lle B lvd þ } 160 Richard s Blvd th 12 N 12th Exposi tio Blvd Lad-Use Zoig $ "! # ( / Rd Jack so t Blvd Ave Blvd Freep or Flori Rd þ } 99 Rd Meadowview k Fra cket Rd Po Elder Creek Rd Ave 47th Fruitridge Rd 43rd Ave Rd Flori Perkis Rd Rd kto ville c o ter ks Blvd Oa 50 ay Seamas ir Fa Sut 5 J ve tt A Wa X 80 dw oa Br MIP - Maufacturig-Idustrial Park MRD - Maufacturig, Research ad Developmet Q 16th K N, + * ) 29th rg 3rd 5th Withi 600 Feet of a Private, Public, Charter School, or a Neighborhood or Commuity Park 21st I r ee t B Arde W ay School ille ysvi El Camio Ave Garde Hw y River li Blv d Ce ter Pkwy Map Created: 2/23/17 Bruceville Rd Public Park 65th reet Expy Major Road S Watt Ave W d Blv r u b Au Howe Ave Mar Rd City Boudary Sa d Jua R 80 59th l xe Tru $ "! # Norwood Ave Area Blvd Mai Ave Ro se v Etha Way 65th Del Paso Rd Northgate Blvd El Cetro Rd Sheldo Rd 2 Miles