HomeMy WebLinkAboutPC-1074-2023 (RZ-0118-2023 -- Citywide)RESOLUTION NO. PC-1074-2023
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN LUIS OBISPO, CALIFORNIA, RECOMMENDING THE CITY
COUNCIL INTRODUCE AND ADOPT AN ORDINANCE EXPANDING
THE CANNABIS BUSINESS OVERLAY ZONES (RZ-0118-2023)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Chambers of City Hall, 990 Palm Street, San Luis Obispo,
California on April 12, 2023, for the purpose of reviewing and making a recommendation
to the City Council of San Luis Obispo to amend the Zoning Map for the Cannabis
Business Overlay Zones; and
WHEREAS, notices of said public hearing were made at the time and in the
manner as required by law; and
WHEREAS, the Planning Commission has duly considered all evidence presented
by City staff and public commentors at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. Based upon all the evidence presented, the Planning
Commission makes the following findings:
a) The amendment to the City’s Zoning Map expanding the Cannabis Business
Overlay Zones to include the Fiero Lane – Clarion Court Area and the East
Airport Area intends to provide more locations that may be appropriate for
commercial cannabis activities to occur, as detailed in Chapter 17.86 and
Chapter 9.10 of the Municipal Code.
SECTION 2. Environmental Review. The recommended actions were reviewed in
accordance with the California Environmental Quality Act (CEQA) Guidelines. The
recommended actions are determined to be exempt from environmental review pursuant
to CEQA Guidelines Section 15061(b)(3), the “Common Sense” exemption which
exempts activities that can be seen with certainty to have no possibility for causing a
significant effect on the environment. The expansion of the Cannabis Business Overlay
Zones will not have a significant effect on the environment because the expansion does
not alter the underlying base Zones land use types or development standards for those
land use types. Project specific environmental review will be required for any new
commercial cannabis operation located within the East Airport Area and Fiero Lane –
Clarion Court Area as part of the City’s existing permitting processes.
SECTION 3. Recommended actions. The Planning Commission does hereby
recommend the City Council:
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1) Introduce and adopt an Ordinance amending the Zoning Map to expand the
Cannabis Business Overlay Zones to include the East Airport Area and Fiero
Lane – Clarion Court Areas shown in Exhibit A.
On motion by Commissioner Kahn, seconded by Commissioner Ringer, and on
the following roll call vote:
AYES: Commissioners Houghton, Jorgensen, Kahn, Ringer, Tolle, Vice
Chair Cooley, and Chair Munoz-Morris
NOES: None
REFRAIN: None
ABSENT: None
The foregoing resolution was adopted this 12th day of April, 2023.
___________________________
Tyler Corey, Secretary
Planning Commission
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EXHIBIT A
ORDINANCE NO. _____ (2023 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING THE CITY’S ZONING MAP TO
EXPAND THE CANNABIS BUSINESS OVERLAY ZONES WHERE
CANNABIS BUSINESSES MAY BE LOCATED AS MAY BE ALLOWED
OR CONDITIONALLY ALLOWED BY THE UNDERLYING BASE ZONES
AND THE RULES AND REGULATIONS ESTABNLISHED IN THE CITY’S
MUNICIPAL CODE (RZ-0118-2023)
WHEREAS, on September 18, 2018, the City Council of San Luis Obispo
amended the zoning map and designated areas of the City as Cannabis Business Overlay
Zones where commercial cannabis activities may be located and allowed or conditionally
allowed by the underlying base Zones; and
WHEREAS, on November 19, 2019, the City Council of the City of San Luis Obispo
approved the annexation of the properties along Fiero Lane and Clarion Court to the City
of San Luis Obispo; and
WHEREAS, on March 7, 2020, the City Council of the City of San Luis Obispo
approved the annexation of the East Airport Area Properties (East Airport Commerce
Park Association, Senn-Glick) to the City of San Luis Obispo; and
WHEREAS, overlay Zones supplement the base Zones and are used to establish
special use or development regulations for a particular area in addition to the provisions
of the underlying base Zones; and
WHEREAS, the expansion of the Cannabis Business Overlay Zones provides
more locations that may be appropriate for a variety of commercial cannabis activities to
occur in the City; and
WHEREAS, the location of commercial cannabis activities within the Cannabis
Business Overlay Zones are subject to issuance of a land use permit, which is a process
that provides notification for neighboring property owners, businesses, and residents; and
ensures compatibility of uses through the imposition of conditions of approval; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing on April 12, 2023 in the Council Chamber of City Hall, 990 Palm Street,
San Luis Obispo, California, for the purpose of considering amending the zoning map to
expand the Cannabis Business Overlay Zones and making a recommendation to the City
Council regarding such an amendment.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
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SECTION 1. Finding. The expansion of the Cannabis Business Overlay Zones
intends to provide more locations that may be appropriate for commercial cannabis
activities to occur, as detailed in Chapter 9.10 and Chapter 17.86 of the City’s Municipal
Code.
SECTION 2. Environmental Review. The proposed expansion of the Cannabis
Business Overlay Zones to include the Fiero Lane – Clarion Court Area and the East
Airport Area was reviewed in accordance with the California Environmental Quality Act
(CEQA) Guidelines. The proposed expansion is determined to be exempt from
environmental review pursuant to CEQA Guidelines Section 15061(b)(3), the “Common
Sense” exemption which exempts activities that can be seen with certainty to have no
possibility for causing a significant effect on the environment. The expansion of the
Cannabis Business Overlay Zones will not have a significant effect on the environment
because the expansion does not alter the underlying base Zones land use types or
development standards for those land use types. Project specific environmental review
will be required for any new commercial cannabis operation located within the Fiero Lane
– Clarion Court Area and the East Airport Area as part of the City’s existing permitting
processes.
SECTION 3. Action. The City Council hereby adopts an ordinance amending the
City’s Zoning Map designating properties that will be included in the Cannabis Business
Overlay Zones in nine separate areas of the City as depicted in Exhibit A which is
incorporated herein by reference.
SECTION 3. Severability. If any subdivision, paragraph, sentence, clause, or
phrase of this Ordinance is, for any reason, held to be invalid or unenforceable by a court
of competent jurisdiction, such invalid or unenforceability shall not affect the validity or
enforcement of the remaining provisions of this Ordinance, or any other provisions of the
City’s rules and regulations. It is the City’s express intent that each remaining portion
would have been adopted irrespective of the fact that any one or more subdivisions,
paragraphs, sentences, clauses, or phrases be declared invalid or unenforceable.
SECTION 4. Ordinance Number 1653 (2018 Series) is hereby repealed and
replaced.
SECTION 5. A summary of this ordinance, together with the names of the Council
members voting for and against, shall be published at least five (5) days prior to its final
passage, in The New Times, a newspaper published and circulated in this City. This
ordinance shall go into effect at the expiration of thirty (30) days after its final passage.
INTRODUCED on the 2nd day of May, 2023, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the ____ day of ______, 2023, on the following
vote:
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AYES:
NOES:
ABSENT:
___________________________
Mayor Erica A. Stewart
ATTEST:
______________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
______________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
___________________________
Teresa Purrington
City Clerk
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EXHIBIT A
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