HomeMy WebLinkAboutPC-1089-2024 (CODE-0401-2024 -- Citywide)RESOLUTION NO. PC-1089-24
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO PLANNING
COMMISSION RECOMMENDING THE CITY COUNCIL INTRODUCE
AND ADOPT AN ORDINANCE AMENDING TABLE 2-1 (USES
ALLOWED BY ZONE, SECTION § 17.10.020) OF THE MUNICIPAL CODE
TO ALLOW CANNABIS RETAIL STOREFRONTS TO CONDUCT RETAIL
SALES BY DELIVERY WITH APPROVAL OF A CONDITIONAL USE
PERMIT, OR BY AMENDMENT TO AN EXISTING CONDITIONAL USE
PERMIT. THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW
(CEQA) AS REPRESENTED IN THE PLANNING COMMISSION
AGENDA REPORT AND ATTACHMENTS DATED AUGUST 14, 2024
(CITYWIDE; CODE-0401-2024)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California on August 14, 2024, for the purpose of recommending an amendment to Table
2-1 (Uses Allowed by Zone, Section § 17.10.020) of the Municipal Code, pursuant to a
proceeding under CODE-0401-2024; City of San Luis Obispo, applicant; and
WHEREAS, notices of said public hearing were made at the time and in the
manner required by the law; and
WHEREAS, the Planning Commission has duly considered all evidence, including
the testimony of interested parties and the evaluation and recommendations provided by
staff, presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City
of San Luis Obispo as follows:
SECTION 1. Findings. Based upon all evidence, the Planning Commission makes
the following findings:
1. The proposed amendments to Table 2-1 (Uses Allowed by Zone, Section §
17.10.020) of the Municipal Code are consistent with the State of California’s Department
of Cannabis Control regulations.
2. The proposed amendments to Table 2-1 (Uses Allowed by Zone, Section §
17.10.020) of the Municipal Code are consistent with previous City Council direction on
March 7, 2023, to update the cannabis program to allow cannabis retail storefronts to
offer delivery services.
Planning Commission Resolution No. PC-1089-2024
CODE-0401-2024 (Citywide)
Page 2
3. The proposed amendments to Table 2-1 (Uses Allowed by Zone Section §
17.10.020) of the Municipal Code are consistent with the Major City Goal (Financial Plan
2023-2025) to implement initiatives that reinforce a thriving and sustainable local
economy as well as to ensure fiscally responsible and sustainable city operations by
strengthening existing cannabis businesses, promoting the economic well-being of the
community.
4. The proposed amendments to Table 2-1 (Uses Allowed by Zone Section §
17.10.020) of the Municipal Code are consistent with the purpose of the Retail
Commercial (C-R) Zone to serve the entire community and the region, as well as tourists
and travelers.
5. The proposed amendments to Table 2-1 (Uses Allowed by Zone Section §
17.10.020) of the Municipal Code are consistent with the purpose of the Service
Commercial (C-S) Zone to provide services to meet local needs and demands of the
region, including services and limited retail.
SECTION 2. Environmental Determination. Recommendation of adoption of the
proposed amendments to Table 2-1 (Uses Allowed by Zone Section § 17.10.020) of the
Municipal Code was reviewed in accordance with the California Environmental Quality
Act (CEQA) Guidelines and is determined to be exempt from environmental review
pursuant to CEQA Guidelines Section § 15301(b)(3) (General Rule Exemption), which
exempts activities that can be seen with certainty to have no possibility for causing a
significant effect on the environment. The proposed amendments to Table 2-1 (Uses
Allowed by Zone, Section § 17.10.020) constitute minor modifications to the rules
governing commercial cannabis retail storefront operations and do not have a significant
effect on the environment. Project specific environmental review will be required for any
new commercial cannabis activity. Any new or existing cannabis retail storefront applying
for a Conditional Use Permit or seeking to amend an existing Conditional Use Permit to
engage in delivery would be required to comply with all applicable state and local law,
including CEQA compliance.
SECTION 3. Action. The Planning Commission hereby recommends to the City
Council the introduction and adoption of an ordinance to amend Table 2-1 (Uses Allowed
by Zone, Section § 17.10.020) of the Municipal Code to allow cannabis retail storefronts
to conduct retail sales by delivery in allowable zones with approval of a Conditional Use
Permit or by amendment to an existing Conditional Use Permit as set forth in Exhibit A
and incorporated herein.
Upon motion of Commissioner Juan Munoz-Morris, seconded by Commissioner Eric
Tolle, and on the following roll call vote:
Planning Commission Resolution No. PC-1089-2024
CODE-0401-2024 (Citywide)
Page 3
AYES: Commissioner Sheryl Flores, Commissioner Juan Munoz-Morris,
Commissioner Eric Tolle, Vice Chair Dave Houghton, Chair Justin Cooley
NOES: None
ABSENT: Commissioner Steve Kahn, Commissioner Bob Jorgenson
The foregoing resolution was passed and adopted this 14th day of August 2024.
____________________
Brian Leveille, Secretary
Planning Commission
Planning Commission Resolution No. PC-1089-2024
CODE-0401-2024 (Citywide)
Page 4
EXHIBIT A
ORDINANCE NO. ____ (2024 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING TABLE 2-1 (USES ALLOWED BY
ZONE, SECTION § 17.10.020) OF THE MUNICIPAL CODE TO ALLOW
CANNABIS RETAIL STOREFRONTS TO CONDUCT RETAIL SALES BY
DELIVERY WITH APPROVAL OF A CONDITIONAL USE PERMIT OR BY
AMENDMENT TO AN EXISTING CONDITIONAL USE PERMIT. THE
PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW (CEQA)
WHEREAS, on May 1, 2018, the City Council of the City of San Luis Obispo
adopted regulations allowing for the operation of commercial cannabis businesses and
personal cultivation in the City; and
WHEREAS, on March 7, 2023, the City Council of the City of San Luis Obispo
directed staff to update the cannabis program to allow cannabis retail storefronts to offer
delivery services; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California on August 14, 2024, for the purpose of recommending an amendment to Table
2-1 (Uses Allowed by Zone, Section § 17.10.020) pursuant to a proceeding under CODE-
0401-2024; City of San Luis Obispo, applicant; and
WHEREAS, notices of said public hearing were made at the time and in the
manner required by the law; and
WHEREAS, the Planning Commission has duly considered all evidence, including
the testimony of interested parties and the evaluation and recommendations provided by
staff, presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San
Luis Obispo as follows:
SECTION 1. Findings. Based upon all evidence, the City Council makes the
following findings:
1. The proposed amendments to Table 2-1 (Uses Allowed by Zone, Section §
17.10.020) of the Municipal Code are consistent with the State of California’s Department
of Cannabis Control regulations.
Planning Commission Resolution No. PC-1089-2024
CODE-0401-2024 (Citywide)
Page 5
2. The proposed amendments to Table 2-1 (Uses Allowed by Zone, Section §
17.10.020) are consistent with previous City Council direction on March 7, 2023, to update
the cannabis program to allow cannabis retail storefronts to offer delivery services.
3. The proposed amendments to Table 2-1 (Uses Allowed by Zone Section §
17.10.020) of the Municipal Code are consistent with the Major City Goal (Financial Plan
2023-2025) to implement initiatives that reinforce a thriving and sustainable local
economy as well as to ensure fiscally responsible and sustainable city operations by
strengthening existing cannabis businesses, promoting the economic well-being of the
community.
4. The proposed amendments to Table 2-1 (Uses Allowed by Zone Section §
17.10.020) of the Municipal Code are consistent with the purpose of the Retail
Commercial (C-R) Zone to serve the entire community and the region, as well as tourists
and travelers.
5. The proposed amendments to Table 2-1 (Uses Allowed by Zone Section §
17.10.020) of the Municipal Code are consistent with the purpose of the Service
Commercial (C-S) Zone to provide services to meet local needs and demands of the
region, including services and limited retail.
SECTION 2. Table 2-1 (Uses Allowed by Zone, Section § 17.10.020) of the City of
San Luis Obispo Municipal Code is hereby amended as follows:
Table 2-1: Uses Allowed By Zone
Key:
A = Allowed; MUP = Minor Use Permit approval required; CUP = Conditional
Use Permit approval required
M/A = Minor Use Permit approval required on ground floor along street
frontage, allowed on second floor or above
Land Use Permit Requirement by Zoning District Specific Use Regulations AG C/OS R-1 R-2 R-3 R-4 PF O C-N C-C C-R C-D C-T C-S M BP
CANNABIS ACTIVITY
Cannabis See Section 17.86.080
Specialty Cultivator MUP MUP MUP
Small Cultivator MUP MUP MUP
Nursery MUP MUP MUP
Manufacturing MUP MUP MUP
Distributor MUP MUP MUP
Microbusiness CUP MUP/
CUP MUP/
CUP MUP/
CUP
See Sec.
17.86.080(E)(12) for
specific requirements per
zone.
Testing CUP A A A Director’s action required.
See also Sec.
17.86.080(E)(9).
Retailer (Delivery
Only) MUP MUP MUP
Planning Commission Resolution No. PC-1089-2024
CODE-0401-2024 (Citywide)
Page 6
Retailer (Storefront
with or without Delivery) CUP CUP
Existing retail storefronts
that wish to provide
delivery services shall
modify their existing
Conditional Use Permit to
include delivery.
SECTION 3. Environmental Determination. Adoption of the proposed amendments
to Table 2-1 (Uses Allowed by Zone § 17.10.020) was reviewed in accordance with the
California Environmental Quality Act (CEQA) Guidelines and is determined to be exempt
from environmental review pursuant to CEQA Guidelines Section § 15301(b)(3) (General
Rule Exemption), which exempts activities that can be seen with certainty to have no
possibility for causing a significant effect on the environment. The proposed amendments
to Table 2-1 (Uses Allowed by Zone, Section § 17.10.020) constitute minor modifications
to the rules governing commercial cannabis retail storefront operations and do not have
a significant effect on the environment. Project specific environmental review will be
required for any new commercial cannabis activity. Any new or existing cannabis retail
storefront applying for a Conditional Use Permit or seeking to amend an existing
Conditional Use Permit to engage in delivery would be required to comply with all
applicable state and local law, including CEQA compliance.
SECTION 4. Action. The City Council hereby adopts an ordinance amending Table
2-1 (Uses Allowed by Zone, Section § 17.10.020) of the Municipal Code to allow cannabis
retail storefronts to conduct retail sales by delivery with approval of a Conditional Use
Permit or by amendment to an existing Conditional Use Permit.
SECTION 5. 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.
Planning Commission Resolution No. PC-1089-2024
CODE-0401-2024 (Citywide)
Page 7
SECTION 6. A summary of this ordinance, together with the names of 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 ____ day of _____ 2024, AND FINALLY ADOPTED by
the Council of the City of San Luis Obispo on the ____ day of ____, 2024, on the
following vote:
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