Medical Cannabis Uses Comprehensive Ordinance Cannabis Policy Subcommittee February 16, 2017 David Guhin, Director Clare Hartman, Deputy Director-Planning Planning and Economic Development 1
City Response to MCRSA In 2005, the City of Santa Rosa adopted its initial regulations for Medical Cannabis dispensaries 2016 - City Council Priority - Medical Cannabis Policy January 19, 2016 - Council initiated a comprehensive policy effort and reconvened Medical Cannabis Policy Subcommittee February 23, 2016 - Council adopted an interim ordinance allowing commercial cultivation with a Conditional Use Permit August 2, 2016 - Council directed the Zoning Administrator to issue a Zoning Code Interpretation to address: manufacturing, testing, distribution and transportation
City Response to MCRSA Cannabis uses already taking place in the City Cannabis is a land use issue Focus on Medical Cannabis Provide a permit compliance path Direct use to appropriate locations Multiple perspectives police, fire, water, building, code enforcement Minimize impacts security, odor, lighting Defer to State law and County Health Test the issue through interim measures Address the entire industry chain no gaps
Medical Cannabis Supply Chain 4
Applications by Type of Use Medical Cannabis Applications by Type 8% 42% 38% 8% Manufacturing Distribution Cultivation Testing 5
Applications by Building Sq. Ft. 350,000 Medical Cannabis Building Sq. Ft by Type 300,000 250,000 200,000 150,000 100,000 50,000 0 Manufacturing Distribution Cultivation Testing Pending Approved 6
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Comprehensive Land Use Policy Policy will address medical cannabis: Dispensaries Cultivation Support Uses (+ Type 7 manufacturing) Schedule 2016-2017 Council Subcommittee Feb Preparation of Draft Policy March Community outreach, public input April Planning Commission May City Council July Comprehensive Policy in Effect
Key Components Medical Cannabis Use Classifications General Operating Requirements Cultivation Support Uses Dispensaries Revocation 11
Medical Cannabis Land Uses Commercial Cultivation < 5,000 sf Commercial Cultivation 5,001 or greater sf Dispensary Distribution Manufacturing Level 1 (non-volatile) Manufacturing Level 2 (volatile) Testing/Laboratory Transporter Where Allowed, Land Use Permits, Development Standards 12
Key Components New Land Use Classifications General Operating Requirements Cultivation Support Uses Dispensaries Revocation 13
General Operating Requirements Comply with State and local law Multiple permits per site Building & Fire permits Right to inspect facility Local site contact Transfer of ownership or operator Security plan Odor control Lighting Modifications 14
Key Components New Land Use Classifications General Operating Requirements Cultivation Support Uses Dispensaries Revocation 15
Cultivation Outdoor cultivation prohibited Personal exempt, indoor and greenhouse only Commercial use permits required Pesticides Mixed Light (Greenhouse) Odor mitigation 16
Key Components New Land Use Classifications General Operating Requirements Cultivation Support Uses Dispensaries Revocation 17
Support Uses Manufacturer Level 1 (non-volatile) Permitted by right (Zoning Clearance) or by Minor Use Permit as directed by Land Use Table Manufacturer Level 2 (volatile) Conditional Use Permit required - public hearing, neighborhood meeting, Planning Commission Specific Operating requirements Manufacturing Distribution Testing/Laboratories 18
Key Components New Land Use Classifications General Operating Requirements Cultivation Support Uses Dispensaries Revocation 19
Dispensaries Conditional Use Permit required public hearing, neighborhood meeting, Planning Commission Overconcentration 1,000 ft between dispensaries Setbacks to sensitive uses 600 feet to K-12 School Post-permit sensitive uses Operating plan required Employees, records, entrance protocols, deliveries Hours of operation: 9 am to 9 pm, 7 days/week Security, product management, site management On-site consumption Prohibited by public within 200 feet Employee patients may consume 20
Dispensaries Emerging Issues In addition to schools, should there be 600 foot setbacks to other sensitive uses? Parks Drug rehab centers Day Care Centers Clear definitions and best if mapped 21
Dispensaries Emerging Issues In addition to use permit findings, should analysis also consider: Crime rate in the reporting district Number of other dispensaries in the reporting district Number of nuisance calls for service in the reporting district Proximity to residential districts, day care centers, park and recreation facilities, places of religious assembly, and schools? 22
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Key Components New Land Use Classifications General Operating Requirements Cultivation Support Uses Dispensaries Revocation 27
Revocation Initial response efforts Code Enforcement, voluntary compliance To revoke or amend, review authority must find: Adverse impact to health, peace or safety of persons living or working in the surrounding area; or Contributes to a public nuisance; or Results in repeated nuisance activities including disturbance of the peace, illegal drug activity, or loitering; or Violation of any provision in the City Code or condition of approval, or violates any other local or State, including MCRSA 28
Next Steps February 23, 2017 Publish the Draft Comprehensive Medical Cannabis Land Use Policy and solicit public comments March & April 2017 Public outreach on tax and policy March 7, 2017 City Council to consider the proposed Cannabis Business Tax measure for special election on June 6, 2017 Stay informed and involved through srcity.org/cannabis 29