1. B.1 Cannabis Land Use Ordinance Workshop (Continued)
Planning Commission
October 30, 2017
Presentation by: Anne Wells, Advance Planning Manager
Andy Newkirk, Senior Planner

2. Future City Regulation
Cannabis Land Use Ordinance Workshop
Future City Regulation
Tonight
Land Use Ordinance (What, Where, How)
Future Issues
Operator Business License (Who)
Enforcement
Revenue Generation
other-projects/cannabis-regulations

3. Cannabis Land Use Ordinance Workshop
Buffers
MAUCRSA standard: 600-ft from schools, day care centers, and youth centers
City has wide discretion to change (e.g., could add buffers for active parks)
(a) A licensee shall not sell alcoholic beverages or tobacco products on or at any premises licensed under this division.
(b) A premises licensed under this division shall not be located within a 600-foot radius of a school providing instruction in kindergarten or any grades 1 through 12, day care center, or youth center that is in existence at the time the license is issued, unless a licensing authority or a local jurisdiction specifies a different radius. The distance specified in this section shall be measured in the same manner as provided in subdivision (c) of Section of the Health and Safety Code unless otherwise provided by law.
(c) It shall not be a violation of state or local law for a business engaged in the manufacture of cannabis accessories to possess, transport, purchase, or otherwise obtain small amounts of cannabis or cannabis products as necessary to conduct research and development related to the cannabis accessories, provided the cannabis and cannabis products are obtained from a person licensed under this division permitted to provide or deliver the cannabis or cannabis products.
(d) It shall not be a violation of state or local law for an agent of a licensing authority to possess, transport, or obtain cannabis or cannabis products as necessary to conduct activities reasonably related to the duties of the licensing authority.
“Day care center” has the same meaning as in Section of the Health and Safety Code.  “Day care center” means any child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, and schoolage child care centers.
“Youth center” has the same meaning as in Section of the Health and Safety Code.  (2) “Youth center” means any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities.  3) “Video arcade” means any premises where 10 or more video game machines or devices are operated, and where minors are legally permitted to conduct business.
Note: Playground defined separately as any park or recreational area specifically designed to be used by children which has play equipment installed, including public grounds designed for athletic activities such as baseball, football, soccer, or basketball, or any similar facility located on public or private school grounds, or on city, county, or state parks.
(a) This section shall apply to individuals specified in subdivision (b) of Section
(b) No medicinal cannabis cooperative, collective, dispensary, operator, establishment, or provider who possesses, cultivates, or distributes medicinal cannabis pursuant to this article shall be located within a 600-foot radius of a school.
(a) Subject to the requirements of this article, the individuals specified in subdivision (b) shall not be subject, on that sole basis, to criminal
liability under Section 11357, 11358, 11359, 11360, 11366, , or This section does not authorize the individual to smoke or otherwise
consume cannabis unless otherwise authorized by this article, nor shall anything in this section authorize any individual or group to cultivate or
distribute cannabis for profit.
(b) Subdivision (a) shall apply to all of the following:
(1) A qualified patient or a person with an identification card who transports or processes cannabis for his or her own personal medical use.
(2) A designated primary caregiver who transports, processes, administers, delivers, or gives away cannabis for medical purposes, in amounts not exceeding those established in subdivision (a) of Section , only to the qualified patient of the primary caregiver, or to the person with an identification card who has designated the individual as a primary caregiver.
(3) An individual who provides assistance to a qualified patient or a person with an identification card, or his or her designated primary caregiver, in administering medicinal cannabis to the qualified patient or person or acquiring the skills necessary to cultivate or administer cannabis for medical purposes to the qualified patient or person.
(c) A primary caregiver who receives compensation for actual expenses, including reasonable compensation incurred for services provided to an eligible qualified patient or person with an identification card to enable that person to use cannabis under this article, or for payment for out-of-pocket expenses incurred in providing those services, or both, shall not, on the sole basis of that fact, be subject to prosecution or punishment under Section or

4. Recommendation Set #9 (Other Land Use Regulations)
Cannabis Land Use Ordinance Workshop
Recommendation Set #9 (Other Land Use Regulations)
Consider 600-foot buffer around schools, day cares, and youth centers (also consider parks buffer)
Consider different buffers for different cannabis uses
Consider up to a 100-foot buffer around residential land uses
Consider a buffer between cannabis uses
Review buffers using mapping software

5. Recommendation Set #10 (Permit Procedure)
Cannabis Land Use Ordinance Workshop
Recommendation Set #10 (Permit Procedure)
No Permit
Land Use Permit (LUP)
Conditional Use Permit (CUP)
If the ordinance prescribes locations for cannabis uses and includes regulations, a CUP may be unnecessary and an LUP may be more appropriate.
Mention CEQA exemption – would punt CEQA to individual permits
Describe other benefits, heightened scrutiny, increased public involvement

6. Follow-up: Primary vs. Accessory Uses
Cannabis Land Use Ordinance Workshop
Follow-up: Primary vs. Accessory Uses
“Incidental, Related, Appropriate, and Clearly Subordinate”
Potential regulation
Limit on percent of total floor area consistent with Draft NZO (1/3 floor area).
Allow cannabis accessory uses, but only if a cannabis use is the primary use.
Apply any use regulations (like buffers) to accessory uses as if they are the primary use.
Permit procedures consistent with primary use.
Final bullet depends on Recommendation Set #10 Direction. IE: If you need a CUP for a use as the primary, require a CUP if accessory?

7. Follow-up: Cultivation – Personal Use
Cannabis Land Use Ordinance Workshop
Follow-up: Cultivation – Personal Use
Health and Safety Code
Plants in excess of 28.5 grams are in a locked space and not visible from a public place.
Max of six living plants within or upon the grounds of a single private residence.
City may enact additional regulations.
Cannot completely prohibit.
Can prohibit outdoors.
“Private residence” means a house, an apartment unit, a mobile home, or other similar dwelling.
Odor (setbacks, limit number of plants)
Note we can look at ways to regulate through nuisances, complaints…
Other jurisdictions:
City of SB: Draft Ordinance – Allow one plant outdoors (with setbacks), counts towards total of six
Lompoc – No restrictions other than those found in state law
SLO County – Allows outdoors. If multi-family, only one dwelling can have outdoor, rest must be indoors
H&S Code:
(a) Personal cultivation of cannabis under paragraph (3) of subdivision (a) of Section is subject to the following restrictions:
(3) Not more than six living plants may be planted, cultivated, harvested, dried, or processed within a single private residence, or upon the grounds of that private residence, at one time….
(b) (2) Notwithstanding paragraph (1), a city, county, or city and county shall not completely prohibit persons engaging in the actions and conduct under paragraph (3) of subdivision (a) of Section inside a private residence, or inside an accessory structure to a private residence located upon the grounds of a private residence that is fully enclosed and secure.

8. Follow-up: Retail On-Site Consumption 21+, No alcohol, Other Regs
Cannabis Land Use Ordinance Workshop
Follow-up: Retail
On-Site Consumption
21+, No alcohol, Other Regs
City Discretion
Possible Approach: If interest, consider allowing in C-R, C-C, C-OT, and C-G, but require a CUP?
Retailers and Distributors.
(1) “Retailer,” for the retail sale and delivery of cannabis or cannabis products to customers. A retailer shall have a licensed premises which is a physical location from which commercial cannabis activities are conducted. A retailer’s premises may be closed to the public. A retailer may conduct sales exclusively by delivery.
26200.
(g) Notwithstanding paragraph (1) of subdivision (a) of Section of the Health and Safety Code, a local jurisdiction may allow for the smoking, vaporizing, and ingesting of cannabis or cannabis products on the premises of a retailer or microbusiness licensed under this division if all of the following are met:
(1) Access to the area where cannabis consumption is allowed is restricted to persons 21 years of age and older.
(2) Cannabis consumption is not visible from any public place or nonage-restricted area.
(3) Sale or consumption of alcohol or tobacco is not allowed on the premises
26001.
(f) “Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every 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 of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this division, “cannabis” does not mean “industrial hemp” as defined by Section of the Health and Safety Code.
(g) “Cannabis accessories” has the same meaning as in Section of the Health and Safety Code.
(h) “Cannabis concentrate” means cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product’s potency. Resin from granular trichomes from a cannabis plant is a concentrate for purposes of this division. A cannabis concentrate is not considered food, as defined by Section of the Health and Safety Code, or a drug, as defined by Section of the Health and Safety Code.
(i) “Cannabis products” has the same meaning as in Section of the Health and Safety Code.
HSC §
“Marijuana products” means marijuana that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing marijuana or concentrated cannabis and other ingredients.
HSC §
“Marijuana accessories” means any equipment, products or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana or marijuana products into the human body.
(a) Section does not permit any person to:
(1) Smoke or ingest cannabis or cannabis products in a public place, except in accordance with Section of the Business and Professions Code.
(2) Smoke cannabis or cannabis products in a location where smoking tobacco is prohibited.
(3) Smoke cannabis or cannabis products within 1,000 feet of a school, day care center, or youth center while children are present at the school, day care center, or youth center, except in or upon the grounds of a private residence or in accordance with Section of the Business and Professions Code and only if such smoking is not detectable by others on the grounds of the school, day care center, or youth center while children are present.

9. Follow-up: Microbusinesses
Cannabis Land Use Ordinance Workshop
Follow-up: Microbusinesses
Use Types (Single License): Cultivation (up to 10,000 square feet), Distribution, Manufacture (using non-volatile solvents), and Retail
Accessory Use Concept
Primary use allowed if consistent with City ordinance
Limit other accessory uses to 1/3 square footage
Ex:
C-OT Land Use Designation
Cultivation, Distribution, and/or Manufacturing
(< 1/3 Total Area)
Retail (> 2/3 Total Area)
I-G Land Use Designation
Retail and Other Non-Primary Uses
(< 1/3 Total Area)
Indoor Cultivation, Manufacturing, or Distribution (> 2/3 Total Area)
Does the accessory use approach work for the Commission?

10. Next Steps Begin drafting cannabis land use ordinance
Cannabis Land Use Ordinance Workshop
Next Steps
Begin drafting cannabis land use ordinance
Determine environmental review path
Work with other City departments
More Public and Planning Commission workshop(s)