Cannabis Testing Laboratory Ordinance City Council January 23, 2018
Irvine Zoning Ordinance Chapter 3-39 Prohibition of Cannabis Approved by City Council in 2016 Prohibited all commercial cannabis uses, including but not limited to: Deliveries; Cultivation; Dispensaries, Manufacturing, Distribution, and Testing Laboratories; All cannabis related uses.
Effects of California Legislation Changes Numerous legislative changes have occurred since 2016 Medicinal and Adult Use Cannabis Regulation and Safety Act (MAUCRSA); Proposition 64 Resulted in a streamlined permitting process for medicinal and recreational marijuana businesses; Also resulted in the need for testing laboratories to test medicinal and recreational marijuana before being released into the market.
Purpose of Cannabis Testing Laboratories MAUCRSA makes is clear that the protection of the public is paramount. Ensures cannabis goods offered for sale are safe for human consumption. Testing laboratories are wholly independent from any other cannabis business (owners/operators of laboratories cannot be owners/operators of a dispensary, cultivation site, manufacturer, distributor, etc.)
Cannabis Testing Laboratories Testing for contaminants Chemicals Microbiological Impurities Mycotoxins Foreign Material Heavy Metals
City of Irvine Zone Change Requirements Update the Zoning Ordinance to allow cannabis testing laboratories in: 5.1 IBC Multi-use 5.4 General Industrial 5.5 Medical and Science zones Amend Chapter 3-39 consistent with recent changes in State Law All other related cannabis uses remain prohibited per the City s existing ordinance
Zoning Map 5.1 IBC Multi-use 5.4 General Industrial 5.5 Medical and Science City Boundary
Planning Commission Recommendation Planning Commission voted unanimously to recommend City Council approval of the proposed Zone Text Amendment Additional recommendations include the following: Cannabis testing laboratories would not be located within 1,000 feet of residences and schools; Cannabis testing laboratories would not be located in the IBC Residential Overlay area.
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City of Irvine Municipal Code Update Companion Ordinance Drafted to include regulatory standards in the City of Irvine Municipal Code The proposed ordinance amendments include several permitting requirements including: A valid cannabis testing laboratory permit issued by the City of Irvine; A valid cannabis testing laboratory permit issued by the State of California; and Compliance with all applicable state and local laws and regulations pertaining to the commercial cannabis activities, including the duty to obtain any state or local licenses or permits.
City of Irvine Permitting Process Requirement of testing laboratories to apply for and obtain a permit to operate. Regulations included in the provision: Certification from CD certifying that the proposed laboratory is located on a site that meets all of the requirements of the City s Zoning Code, General Plan, Special Plan and design requirements; Certification from CD that the proposed laboratory is located at least 1,000 feet away from any residence and/or school (including pre-school, transitional kindergarten, and K-12), commercial day care center, or youth center; A storage and transportation plan approved by PS, which describes in detail the procedures for safely and securely storing and transporting all cannabis, cannabis products, and any currency;
City of Irvine Permitting Process Continued Submit to a site inspection, and provide a security and safety plan approved by PS, that is sufficient to deter and prevent the unauthorized entrance into areas containing cannabis or cannabis products, and to deter and prevent the theft of cannabis or cannabis products at the cannabis testing lab; Provide a cannabis waste and discharge plan that ensures that cannabis sample remnants are disposed of in a manner that is consistent with state law, and is approved by PS; Adhere to detailed operational requirements regarding odor, security, signage, notification procedures, and no consumption; Submit to an annual permitting renewal process requiring conformance with original permit and mandatory site inspection;
City of Irvine Permitting Process Continued Provision in the ordinance to prevent overconcentration of testing laboratory facilities in the area which the applicant has proposed to locate the facility.
Community Benefit Agreement As necessary, provide a community benefit agreement with the City to ensure protection and promotion of public health, safety, and welfare through additional requirements and/or funding for areas such as public outreach and education.
Staff Recommendation City Council adopt an Ordinance to Amend Chapter 3-39 and other related zoning code sections to allow cannabis testing laboratories in 5.1 IBC Multi-use 5.4 General Industrial 5.5 Medical and Science zones Add Division 22 to Title 4 of the Municipal Code relating to business and permitting regulations for cannabis testing laboratories. Not be located within 1,000 feet of residences and schools and not be allowed in the IBC Residential Overlay area.
Next Steps Second reading of the Ordinance at the February 13, 2018 Council Meeting. Ordinance effective March 13, 2018 Establish permit fees via resolution after completion of a fee study
Questions? City Council January 23, 2018
Cannabis Testing Laboratory Ordinance City Council January 23, 2018
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