HomeMy WebLinkAboutPC-1100-2025 (CODE-0051-2025 -- Citywide)RESOLUTION NO. PC-1100-25
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO PLANNING
COMMISSION RECOMMENDING THE CITY COUNCIL INTRODUCE
AND ADOPT AN ORDINANCE AMENDING SECTION 17.86.080
(“CANNABIS”) OF TITLE 17 (“ZONING REGULATIONS”) OF THE
MUNICIPAL CODE TO CLARIFY SPECIFIC LAND USE AND
OPERATIONAL REQUIREMENTS FOR COMMERCIAL CANNABIS
ACTIVITY. THE PROJECT IS EXEMPT FROM ENVIRONMENTAL
REVIEW (CEQA) AS REPRESENTED IN THE PLANNING COMMISSION
AGENDA REPORT AND ATTACHMENTS DATED APRIL 9, 2025
(CITYWIDE; CODE-0051-2025)
WHEREAS, on May 15, 2018, the City Council adopted Ordinance No. 1647 (2018
Series), amending the Municipal Code (“SLOMC”) to establish regulations for commercial
cannabis activity, including adoption of SLOMC Chapter 9.10 (Cannabis Regulations) and
SLOMC § 17.86.080 (Cannabis Zoning Regulations), formerly Chapter 17.99; and
WHEREAS, on March 21, 2023, the City Council adopted Ordinance No. 1725
(2023 Series) modifying specific rules for commercial cannabis retail storefront operations
including expansion of allowable hours of operation from between 9:00AM and 8:00PM
daily to between 7:00AM and 9:00PM daily and allowing individuals 18 to 20 years of age
who have a valid physician’s recommendation for medicinal cannabis to enter and access
retail storefronts that possess a valid state of California cannabis retailer license with M-
designation (For Medical Use); and
WHEREAS, on September 18, 2018, the City Council adopted Ordinance No.
1653 (2018 Series), amending the City’s Zoning Regulations and Zoning Map to
designate seven areas of the City as Cannabis Business Overlay Zones (“CBZ Overlay
Zones”) where cannabis businesses may be located. Then, on May 16, 2023, the City
Council adopted Ordinance No. 1727 (2023 Series), amending the Zoning Map to expand
the CBZ Overlay Zones to include recently annexed areas of the City, including the Fiero
Lane-Clarion Court and East Airport Areas; and
WHEREAS, upon adoption of the initial cannabis regulations on November 17,
2018, the City Council of the City of San Luis Obispo directed staff to return annually with
an update to the City’s Cannabis Business Program, including recommendations for
improvements based on operational and administrative experiences; 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 April 9, 2025, for the purpose of recommending an amendment to Section
17.86.080 (“Cannabis”) of Title 17 (“Zoning Regulations”) of the Municipal Code pursuant
to a proceeding under CODE-0051-2025; City of San Luis Obispo, applicant; and
Planning Commission Resolution No. PC-1100-2025
CODE-0051-2025 (Citywide)
Page 2
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 Municipal Code §§§ 17.86.080(E)(4)(e),
17.86.080(E)(10)(b)(iii), and 17.86.080(E)(12)(c)(v) are consistent with State Law and are
declaratory of existing City law, ensuring clarity and regulatory consistency for both
pending and future projects. These amendments clarify specific land use requirements
for commercial cannabis activities consistent with the legislative intent of the currently
adopted Zoning Ordinance. These amendments are intended to reflect the City’s
application of the buffer requirements since their adoption.
2. In adopting Municipal Code §17.86.080 (formerly Chapter 17.99) on May
15, 2018, the City Council found that the regulations balance the City’s competing
interests in allowing certain commercial and research-related cannabis activities desired
by the majority of voters, with the public health, welfare, and safety concerns of the City.
The proposed amendments to §§§ 17.86.080(E)(4)(e), 17.86.080(E)(10)(b)(iii), and
17.86.080(E)(12)(c)(v), as declaratory of existing law, accomplish the same.
3. The Council Agenda Report dated May 1, 2018, to establish the City’s
Cannabis Regulations, including the adoption of specific buffer requirements, clearly
indicates that the City Council intended the buffer from residentially zoned areas to apply
to areas within the CBZ Overlay Zones only.
4. The Council Agenda Report dated September 4, 2018, to formally establish
the CBZ Overlay Zones states that the three-hundred-foot buffer requirement between
residentially zoned land and retail storefronts applies from residential zoning that occurs
within a CBZ Overlay Zone. Additionally, the CBZ Overlay Zones were designed to
incorporate natural physical barriers—such as railroads and major roads—that inherently
serve as buffers from sensitive sites, thereby minimizing potential impacts on public
health and safety. Applying the 300-foot buffer requirement outside these overlay zones
would unnecessarily restrict allowable commercial cannabis sites beyond what is
necessary to ensure health and safety, as contemplated by the adoption of the overlay
zones.
Planning Commission Resolution No. PC-1100-2025
CODE-0051-2025 (Citywide)
Page 3
5. The terms “CAN Overlay” and “CBZ Overlay” have been used
interchangeably. The proposed amendment to Municipal Code § 17.86.080(E)(5)(b)
replaces “CAN Overlay” with “CBZ Overlay” to align with the adopted Zoning Map and
Table 1‑1 (“Zones Established”) in SLOMC § 17.06.020(D).
6. The proposed amendments to Municipal Code §§ 17.86.080(E)(12)(c)(v)(ix)
and 17.86.080(E)(12)(c)(v)(x) are consistent with State Law and the California
Department of Cannabis Control (“DCC”) Regulations, specifically with DCC Regulations
§§§ 15400, 15403, and 15500, which define regulations for commercial cannabis retail
and microbusiness license holders.
7. The proposed amendments to Municipal Code §§ 17.86.080(E)(12)(c)(v)(ix)
and 17.86.080(E)(12)(c)(v)(x) are consistent with Municipal Code § 17.86.080(E)(12)(c)(i)
which requires microbusinesses authorized to engage in retail sales to comply with the
regulations established for retail commercial cannabis activity.
8. The proposed amendment to Municipal Code § 17.86.080(A) does not alter
or affect federal law, and it revises the purpose statement to remove the specific CSA
classification of cannabis. This change ensures that the regulation remains effective
regardless of any future federal scheduling changes.
SECTION 2. Environmental Determination. The recommended actions were
reviewed in accordance with the California Environmental Quality Act (CEQA) Guidelines
and are 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. Project-specific environmental review will be required for any new
commercial cannabis activity.
Planning Commission Resolution No. PC-1100-2025
CODE-0051-2025 (Citywide)
Page 4
SECTION 3. Action. The Planning Commission hereby recommends to the City
Council the introduction and adoption of an ordinance to amend § 17.86.080 (“Cannabis”)
of Title 17 (“Zoning Regulations”) of the Municipal Code to clarify specific land use and
operational requirements for commercial cannabis activity as set forth in Exhibit A and
incorporated herein.
On motion by Vice Chair Tolle, seconded by Commissioner Munoz-Morris and on the
following roll call vote:
AYES: Commissioner Cooley, Commissioner Flores, Commissioner
Jorgensen, Commissioner Kahn, Commissioner Munoz- Morris, Vice
Chair Tolle, and Chair Houghton
NOES: None
REFRAIN: None
ABSENT: None
The foregoing resolution was passed and adopted this 9th day of April 2025.
___
Tyler Corey, Secretary
Planning Commission
Planning Commission Resolution No. PC-1100-2025
CODE-0051-2025 (Citywide)
Page 5
EXHIBIT A
DRAFT ORDINANCE NO. ____ (2025 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING SECTION 17.86.080 (“CANNABIS”)
OF TITLE 17 (“ZONING REGULATIONS”) OF THE MUNICIPAL CODE
TO CLARIFY SPECIFIC LAND USE AND OPERATIONAL
REQUIREMENTS FOR COMMERCIAL CANNABIS ACTIVITY. THE
PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW (CEQA)
WHEREAS, on May 15, 2018, the City Council adopted Ordinance No. 1647 (2018
Series), amending the Municipal Code (“SLOMC”) to establish regulations for commercial
cannabis activity, including adoption of SLOMC Chapter 9.10 (Cannabis Regulations) and
SLOMC § 17.86.080 (Cannabis Zoning Regulations), formerly Chapter 17.99; and
WHEREAS, on March 21, 2023, the City Council adopted Ordinance No. 1725
(2023 Series) modifying specific rules for commercial cannabis retail storefront operations
including expansion of allowable hours of operation from 9:00AM and 8:00PM daily to
7:00AM and 9:00PM daily and allowing individuals 18 to 20 years of age who have a valid
physician’s recommendation for medicinal cannabis to enter and access retail storefronts
who possess a valid state of California cannabis retailer license with M-designation (For
Medical Use); and
WHEREAS, on September 18, 2018, the City Council adopted Ordinance No.
1653 (2018 Series), amending the City’s Zoning Regulations and Zoning Map to
designate seven areas of the City as Cannabis Business Overlay Zones (“CBZ Overlay
Zones”) where cannabis businesses may be located. Then, on May 16, 2023, the City
Council adopted Ordinance No. 1727 (2023 Series), amending the Zoning Map to expand
the CBZ Overlay Zones to include recently annexed areas of the City, including the Fiero
Lane-Clarion Court and East Airport Areas; and
WHEREAS, upon adoption of the initial cannabis regulations on November 17,
2018, the City Council of the City of San Luis Obispo directed staff to return annually with
an update to the City’s Cannabis Business Program, including recommendations for
improvements based on operational and administrative experiences; 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 April 9, 2025, for the purpose of recommending an amendment to Section
17.86.080 (“Cannabis”) of Title 17 (“Zoning Regulations”) of the Municipal Code pursuant
to a proceeding under CODE-0051-2025; City of San Luis Obispo, applicant; and
Planning Commission Resolution No. PC-1100-2025
CODE-0051-2025 (Citywide)
Page 6
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 Municipal Code §§§ 17.86.080(E)(4)(e),
17.86.080(E)(10)(b)(iii), and 17.86.080(E)(12)(c)(v) are consistent with State Law and are
declaratory of existing City law, ensuring clarity and regulatory consistency for both
pending and future projects. These amendments clarify specific land use requirements
for commercial cannabis activities consistent with the legislative intent of the currently
adopted Zoning Ordinance. These amendments are intended to reflect the City’s
application of the buffer requirements since their adoption.
2. In adopting Municipal Code § 17.86.080 (formerly Chapter 17.99) on May
15, 2018, this Council found that the regulations balance the City’s competing interests in
allowing certain commercial and research-related cannabis activities desired by the
majority of voters, with the public health, welfare, and safety concerns of the City. The
proposed amendments to Municipal Code §§§ 17.86.080(E)(4)(e),
17.86.080(E)(10)(b)(iii), and 17.86.080(E)(12)(c)(v), as declaratory of existing law,
accomplish the same.
3. The Council Agenda Report dated May 1, 2018, to establish the City’s
Cannabis Regulations, including the adoption of specific buffer requirements, clearly
indicates that the City Council intended the buffer from residentially zoned areas to apply
within the CBZ Overlay Zones only.
4. The Council Agenda Report dated September 4, 2018, to formally establish
the CBZ Overlay Zones states that the three-hundred-foot buffer requirement between
residentially zoned land and retail storefronts applies from residential zoning that occurs
within a CBZ Overlay Zone. Additionally, the CBZ Overlay Zones were designed to
incorporate natural physical barriers—such as railroads and major roads—that inherently
serve as buffers from sensitive sites, thereby minimizing potential impacts on public
health and safety. Applying the 300-foot buffer requirement outside these overlay zones
would unnecessarily restrict allowable commercial cannabis sites beyond what is
necessary to ensure health and safety, as contemplated by the adoption of the overlay
zones.
Planning Commission Resolution No. PC-1100-2025
CODE-0051-2025 (Citywide)
Page 7
5. The terms “CAN Overlay” and “CBZ Overlay” have been used
interchangeably. The proposed amendment to Municipal Code Section §
17.86.080(E)(5)(b) replaces “CAN Overlay” with “CBZ Overlay” to align with the adopted
Zoning Map and Table 1‑1 (“Zones Established”) in SLOMC § 17.06.020(D).
6. The proposed amendments to Municipal Code §§ 17.86.080(E)(12)(c)(v)(ix)
and 17.86.080(E)(12)(c)(v)(x) are consistent with State Law and the California
Department of Cannabis Control (“DCC”) Regulations, specifically with DCC Regulations
§§§ 15400, 15403, and 15500, which define regulations for commercial cannabis retail
and microbusiness license holders.
7. The proposed amendments to Municipal Code §§ 17.86.080(E)(12)(c)(v)(ix)
and 17.86.080(E)(12)(c)(v)(x) are consistent with Municipal Code § 17.86.080(E)(12)(c)(i)
which requires microbusinesses authorized to engage in retail sales to comply with the
regulations established for retail commercial cannabis activity.
8. The proposed amendment to Municipal Code § 17.86.080(A) does not alter
or affect federal law, and it revises the purpose statement to remove the specific CSA
classification of cannabis. This change ensures that the regulation remains effective
regardless of any future federal scheduling changes.
SECTION 2. Environmental Determination. The recommended actions were
reviewed in accordance with the California Environmental Quality Act (CEQA) Guidelines
and are determined to be exempt from environmental review pursuant to CEQA
Guidelines § 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. Project-specific environmental review will be required for any new
commercial cannabis activity.
SECTION 3. Action. The City Council hereby adopts an ordinance amending
Section 17.86.080 (“Cannabis”) of Title 17 (“Zoning Regulations”) of the Municipal Code
to clarify specific land use and operational requirements for commercial cannabis activity.
Section 17.86.080 (“Cannabis”) of Title 17 (“Zoning Regulations”) of the City of
San Luis Obispo Municipal Code is hereby amended as follows:
17.86.080 Cannabis.
A. Purpose. The purpose of this section is to protect the public health, safety, and
welfare, enact strong and effective regulatory and enforcement controls in compliance
with state of California law, protect neighborhood character, and minimize potential for
negative impacts on people, communities, and the environment within the city of San Luis
Planning Commission Resolution No. PC-1100-2025
CODE-0051-2025 (Citywide)
Page 8
Obispo by establishing land use requirements and development standards for cannabis
activities. Cannabis activity, as defined in Section 17.156.008 (C Definitions), includes the
cultivation, possession, manufacturing, processing, storing, laboratory testing, labeling,
transporting, distribution, delivery, or sale of cannabis or a cannabis product for either
personal or commercial use. Therefore, this section recognizes that cannabis activities
require land use controls due to state legal constraints on cannabis activity, and the
potential environmental and social impacts associated with cannabis activity. Nothing in
this section is intended to affect or alter federal law., which identifies marijuana (cannabis)
as a Schedule I controlled substance.
B. Applicability. Nothing in this section shall be construed to allow any conduct or activity
relating to the cultivation, distribution, dispensing, sale, or consumption of cannabis that
is otherwise illegal under local or state law, statute, rule or regulation. It is neither the
intent nor the effect of this chapter to condone or legitimize the illegal use, consumption
or cultivation of cannabis under state or local law and nothing herein is intended to
interpret, alter, interfere with or in any way affect otherwise applicable federal law.
C. Definitions. See Chapter 17.156, Land Use Definitions (Table 2-1: Uses Allowed by
Zone). Terms used in this section that are defined terms under state cannabis statutes or
regulations shall have the same meaning as the respective state definition, as now
defined or as the definition may be amended by the state in the future, except as
otherwise specifically provided in Chapter 17.156, Land Use Definitions (Table 2-1: Uses
Allowed by Zone), or Chapter 9.10, Cannabis Regulations.
D. Personal Cultivation.
1. Indoor Personal Cultivation. Indoor personal cultivation of cannabis does not
require a permit and is allowed in all private residences subject to all the following
minimum performance standards:
a. All indoor personal cultivation shall occur only inside a private residence or
fully enclosed and secure accessory building or structure to a private residence.
Accessory building or structure for indoor personal cultivation of cannabis does
not include a greenhouse or hoop structure.
Planning Commission Resolution No. PC-1100-2025
CODE-0051-2025 (Citywide)
Page 9
b. Structures and equipment used for indoor cultivation, such as indoor grow
lights, shall comply with all applicable building, electrical and fire code regulations
as adopted by the city.
c. All accessory buildings and structures used for indoor cultivation shall comply
with the city’s zoning regulations and building codes.
d. Indoor personal cultivation of cannabis may occur inside a dwelling and/or an
accessory building or structure, subject to the following restrictions:
i. The cumulative cultivation for cannabis shall not exceed six cannabis
plants per private residence.
ii. All personal cultivation shall be conducted by persons twenty-one years
of age or older, and the cumulative total of cannabis plants per private
residence, indoor and outdoor, shall not exceed six cannabis plants,
regardless of the number of persons residing on the property.
e. Personal cultivation of cannabis shall not interfere with the primary occupancy
of the building or structure, including regular use of kitchen(s) or bathroom(s).
f. Cannabis cultivation must be concealed from public view at all stages of
growth and there shall be no exterior evidence of cannabis cultivation occurring
at the property visible with normal unaided vision from any public place, or the
public right-of-way. Personal cultivation of cannabis shall be shielded to confine
light and glare to the interior of the structure.
g. Nothing in this section is intended, nor shall it be construed, to preclude any
landlord from limiting or prohibiting personal cultivation of cannabis by tenants.
h. Nothing in this section is intended, nor shall it be construed, to authorize
commercial cultivation of cannabis at a private residence.
i. Personal cultivation of cannabis shall not create: offensive odors or excessive
dust, heat, noise, light, glare, smoke, traffic, or hazards due to the use or storage
of materials, processes, products or wastes, or other unreasonable impacts to
persons of normal sensitivity who are living, working or lawfully present in the
vicinity of the personal cultivation.
Planning Commission Resolution No. PC-1100-2025
CODE-0051-2025 (Citywide)
Page 10
j. Cannabis cultivation areas in a private residence shall be locked at all times
when the cultivator is not present.
2. Outdoor Personal Cultivation. Outdoor personal cultivation of cannabis does not
require a permit and is allowable at all private residences, subject to all of the following
minimum performance standards:
a. Outdoor personal cultivation of cannabis is not permitted in the front yard
between the public right-of-way and the private residence. Outdoor personal
cultivation is only permitted in a rear or side yard that is entirely enclosed by a
solid, opaque fence that is associated with a private residence used for residential
purposes.
b. The cannabis plants shall be placed at a minimum setback of five feet from
the edge of canopy to the property line.
c. Cannabis cultivation must be concealed from public view at all stages of
growth and there shall be no exterior evidence of cannabis cultivation occurring
at the property visible by normal unaided vision from a public place or the public
right-of-way. Cultivation may occur within a greenhouse or hoop structure (as long
as it complies with the performance standards), but mixed light cultivation is
prohibited.
d. All outdoor personal cultivation shall be conducted by persons twenty-one
years of age or older.
e. The cumulative total of cannabis plants cultivated outdoor shall not exceed
six cannabis plants per parcel containing a private residence, regardless of the
number of persons residing on the property, and regardless of the number of
private residences on the parcel.
f. Nothing in this section is intended, nor shall it be construed, to preclude any
landlord from limiting or prohibiting cannabis cultivation by tenants.
g. Nothing in this section is intended, nor shall it be construed, to authorize
commercial cultivation of cannabis at a private residence outdoors.
h. Outdoor personal cultivation of cannabis shall not create: offensive odors or
excessive dust, heat, noise, light, glare, smoke, traffic, or hazards due to the use
Planning Commission Resolution No. PC-1100-2025
CODE-0051-2025 (Citywide)
Page 11
or storage of materials, processes, products or wastes, or other unreasonable
impacts to people of normal sensitivity living, working or lawfully present in the
vicinity of the personal cultivation.
E. Commercial Cannabis Businesses.
1. Commercial Cannabis Operator Permit.
a. No person or entity shall operate or conduct a commercial cannabis activity
or commercial cannabis business without first obtaining both a commercial
cannabis operator permit from the city pursuant to Chapter 9.10, Cannabis
Regulations, and a use permit from the city pursuant to this chapter to conduct
the commercial cannabis activity at a specific location. Any permit authorizing
commercial cannabis activity pursuant to this chapter shall be conditioned upon
the holder obtaining and maintaining a city commercial cannabis operator permit
and the appropriate state license for the activity.
b. A commercial cannabis activity pursuant to this chapter may be transferred,
assigned, or bequeathed, by operation of law or otherwise as described in Section
9.10.120.
c. The commercial cannabis operator permit must be renewed each year.
d. Expiration of the use permit shall be consistent with Section 17.104.070.
2. No Vested Right to Operate. No person shall have any entitlement or vested right
to operate a cannabis business solely by virtue of licensing under these regulations.
Operation of cannabis activity(ies) requires both the approval of a conditional use
permit and a commercial cannabis operator permit under Chapter 9.10, which is a
revocable privilege and not a right in the city. The applicant bears the burden of
proving that all qualifications for licensure have been satisfied and continuously
maintained prior to conducting a cannabis business at an otherwise allowed location
within the city.
3. State Application Required. Filing a local application for cannabis activity(ies) with
the city does not constitute an application with the state of California. A separate state
application and license process must be followed through with the state.
Planning Commission Resolution No. PC-1100-2025
CODE-0051-2025 (Citywide)
Page 12
4. Application Requirements. All commercial cannabis activities require qualification
through the commercial cannabis operator selection approval process in Chapter
9.10, Cannabis Regulations, a state license and a use permit for a specific location
pursuant to this chapter. The application for a use permit shall include the following
information:
a. Site plan, floor plans, and a general description of the nature, square-footage,
parking and type of cannabis activity(ies) being requested.
b. An operations plan including:
i. A security plan to the approval of the chief of police, pursuant to criteria
approved by resolution of the city council, including but not limited to on-site
security measures both physical and operational and, if applicable, security
measures for the delivery of cannabis associated with the commercial
cannabis business and payment of taxes and fees;
ii. Plan for restriction of access by minors;
iii. Employee safety and training plan;
iv. Odor, noise and light management plan;
v. Estimated energy usage and energy efficiency plan;
vi. Estimated water usage and water efficiency plans;
vii. Waste management plan; and
viii. For retail sales, provide an educational material dissemination plan.
c. Proposed signage:
i. Must comply with city’s sign regulations for size, area and type of sign, no
exceptions allowed.
ii. Internal illumination of signs is prohibited.
iii. No portion of the cannabis plant may be used in any sign visible from the
public right-of-way.
Planning Commission Resolution No. PC-1100-2025
CODE-0051-2025 (Citywide)
Page 13
iv. Provide sign size, height, colors, and design of any proposed signage at
the site.
v. Must include a sign inside the premises that states: “Smoking, ingesting,
vaping, eating or consuming cannabis or cannabis products on this site or in
a public place is prohibited.”
vi. Must include a sign at each entrance of a retail storefront that prohibits
persons under twenty-one years of age from entering.
d. An analysis that demonstrates neighborhood compatibility and a plan for
addressing potential compatibility issues.
e. Applications for retail storefronts shall include a vicinity map showing at least
one thousand feet of surrounding area and the distances to the following uses: 1)
one thousand feet from any preschool, elementary school, junior high school, high
school, public park or playground, whether located within or outside a CBZ
Overlay Zone; 2) six hundred feet from any licensed daycare center, whether
located within or outside a CBZ Overlay Zone; and 3) three hundred feet from a
residentially zoned areas located within a CBZ Overlay Zone. Youth centers do
not require a buffer. Distance shall be measured from the nearest point of the
property line of the site that contains the commercial cannabis activity to the
nearest point of the property line of the enumerated use using a direct straight-
line measurement.
f. Proof of ownership, option to purchase, (or lease agreement or option to lease
with landowner’s express written consent to the proposed commercial cannabis
activity(ies) to be conducted on the premises) or other proof of right to apply for
the permit at the location.
g. A list of all other uses on the property.
5. Commercial Cannabis Development Standards. Each cannabis business is
required to meet the following standards:
a. Qualification through the Chapter 9.10, Cannabis Regulations, commercial
cannabis operator selection process to apply for a commercial cannabis operator
permit. Submittal of a use permit application to conduct the commercial cannabis
Planning Commission Resolution No. PC-1100-2025
CODE-0051-2025 (Citywide)
Page 14
business within the zones specified for each type of commercial activity listed
below.
b. Commercial cannabis facilities shall be allowed in areas demarcated with
CAN CBZ overlay zoning and as allowed in the underlying zone for each type of
commercial cannabis activity.
c. All commercial cannabis facilities shall be sited and/or operated in a manner
that prevents cannabis odors from being detected off site. Commercial cannabis
activities shall not create offensive or excessive odors, dust, heat, noise, light,
glare, smoke, traffic, or hazards due to the use or storage of materials, processes,
products or wastes, or other unreasonable impacts to people of normal sensitivity
living, working or lawfully present in the vicinity of the commercial facility.
d. All commercial cannabis operations must be concealed from public view at all
times and there shall be no exterior evidence of cannabis or cannabis products
occurring at the property visible with normal unaided vision from any public place,
or the public right-of-way. Commercial manufacturing of cannabis or cannabis
products shall be shielded to confine light and glare to the interior of the structure.
e. All commercial cannabis facilities shall include adequate measures that
address enforcement priorities for commercial cannabis activities, including
restricting access to the public and to minors and ensuring that cannabis and
cannabis products are only obtained from and supplied to other permitted
licensed sources within the state and not distributed out of state.
f. The use permit to be issued under this chapter shall include, but is not limited
to, the following conditions:
i. The obtaining and maintaining of the commercial cannabis operator permit
and appropriate state license.
ii. Payment of all applicable current and future state and local taxes and all
applicable commercial cannabis fees and related penalties established by the
city council, including but not limited to application, administrative review,
inspection, etc.
Planning Commission Resolution No. PC-1100-2025
CODE-0051-2025 (Citywide)
Page 15
iii. The commercial cannabis operator permit or a controlling interest in the
permit may not be assigned, transferred or bequeathed, by operation of law
or otherwise, unless permitted as described in Chapter 9.10, and the permit
shall terminate automatically on such event.
iv. Any commercial cannabis operator permit issued pursuant to this chapter
and Chapter 9.10 expires after one year, unless renewed.
v. Prohibition of on-site consumption of cannabis at: (A) a commercial
cannabis business or commercial cannabis activity location; (B) any other
business, club or cooperative or event, regardless if open to the public or only
to members; and (C) anywhere an entry or other fee is charged to attendees
or the host or thing of value or consideration is received or exchanged.
vi. Prohibition of the possession, storage, sale, distribution or consumption
of alcoholic beverages on the premises, or the holding of license from the
State Division of Alcoholic Beverage Control for the sale of alcoholic
beverages, or operating a business that sells alcoholic beverages on or
adjacent to the commercial cannabis activity site.
vii. No cannabis products or cannabis accessories may be displayed in
windows or visible from the public right-of-way or from places accessible to
the general public.
viii. Prohibition of minors and persons under the age of twenty-one on the
premises, even if accompanied by a parent or guardian, unless the person is
at least eighteen years of age and is also in possession of a valid physician’s
recommendation for medical cannabis.
ix. Outdoor storage of cannabis or cannabis products is prohibited.
6. Commercial Cultivation.
a. Commercial Cannabis Cultivation. Commercial cannabis cultivation may be
conditionally permitted indoors only, subject to the requirements of this section
and the obtaining and maintaining of a commercial cannabis operator permit
pursuant to Chapter 9.10, Cannabis Regulations, and appropriate state license,
in the following zones:
Planning Commission Resolution No. PC-1100-2025
CODE-0051-2025 (Citywide)
Page 16
i. Service commercial (C-S);
ii. Manufacturing (M);
iii. Business park (BP).
b. A maximum of seventy thousand square feet of cumulative canopy area
(includes total canopy of either horizontal or vertical growing situations) for
cultivation and nurseries shall be allowed for indoor commercial cannabis
cultivation in the city within the zones identified above, including microbusinesses
under subsection (E)(12) of this section.
c. Outdoor commercial cannabis cultivation, including but not limited to
cultivation in greenhouses, hoop structures, and by mixed light (part daylight/part
artificial light), is prohibited. All commercial cannabis cultivation shall be
conducted only inside a fully enclosed, legally permitted structure that meets all
applicable building and other codes.
d. Commercial cannabis cultivation conditional permits include the following:
i. Specialty Cultivator. A maximum of no more than five thousand square
feet of canopy of indoor cultivation (either in horizontal or vertical growing
situations) and includes processing.
ii. Small Cultivator. A maximum of no more than ten thousand square feet of
canopy of indoor cultivation (either in horizontal or vertical growing situations)
and includes processing.
iii. Nursery, Cannabis. A maximum of no more than ten thousand square
feet of indoor propagation area (either in horizontal or vertical growing
situations).
e. Development Standards.
i. Compliance with subsection (E)(5) of this section, Commercial Cannabis
Development Standards.
ii. Canopy areas shall be easily identifiable for inspection and measurement.
Each unique area included in the total canopy calculation shall be separated
Planning Commission Resolution No. PC-1100-2025
CODE-0051-2025 (Citywide)
Page 17
by an identifiable boundary such as an interior wall or by at least ten feet of
open space (see “Canopy” definition in Chapter 17.156).
iii. All indoor cannabis cultivation shall be designed to accomplish zero net
energy use from the start of the operation.
iv. Pesticides and fertilizers shall be properly labeled, stored, and applied to
avoid and prevent contamination through erosion, leakage, or inadvertent
damage from rodents, pests, or wildlife.
7. Manufacturing.
a. Manufacturing (Nonvolatile) Permissible. Nonvolatile cannabis or cannabis
products manufacturing may be conditionally permitted indoors only, subject to
the requirements of this section and the obtaining and maintaining of a
commercial cannabis operator permit pursuant to Chapter 9.10, Cannabis
Regulations, and appropriate state license, in the following zones:
i. Service commercial (C-S);
ii. Manufacturing (M);
iii. Business park (BP).
b. Manufacturing (Volatile) Prohibited. Cannabis or cannabis products
manufacturing involving volatile solvents, processes, compounds or substances
is prohibited.
c. Development Standards.
i. Compliance with subsection (E)(5) of this section, Commercial Cannabis
Development Standards.
ii. Outdoor manufacturing of cannabis or cannabis products is prohibited.
iii. A complete description of all products used in the manufacturing process
including the cannabis supply chain, liquids, solvents, agents, and processes.
iv. Storage protocol and hazard response plan.
Planning Commission Resolution No. PC-1100-2025
CODE-0051-2025 (Citywide)
Page 18
v. Employee safety and training equipment plan, plus materials safety data
sheet requirements, if any.
8. Distribution.
a. Commercial cannabis distribution may be conditionally permitted, subject to
the requirements of this section and the obtaining and maintaining of a
commercial cannabis operator permit pursuant to Chapter 9.10, Cannabis
Regulations, and appropriate state license, in the following zones:
i. Service commercial (C-S);
ii. Manufacturing (M);
iii. Business park (BP);
b. Development Standards.
i. Compliance with subsection (E)(5) of this section, Commercial Cannabis
Development Standards.
9. Testing Laboratory.
a. Commercial cannabis testing may be conditionally permitted, subject to the
requirements of this section and the obtaining and maintaining of a commercial
cannabis operator permit pursuant to Chapter 9.10, Cannabis Regulations, and
appropriate state license, in the following zones:
i. Service commercial (C-S);
ii. Manufacturing (M);
iii. Business park (BP);
iv. Office (O).
b. Development Standards.
i. Compliance with subsection (E)(5) of this section, Commercial Cannabis
Development Standards.
Planning Commission Resolution No. PC-1100-2025
CODE-0051-2025 (Citywide)
Page 19
ii. The cannabis testing laboratory, as proposed, will comply with all the
requirements of the state for the testing of cannabis, including dual licensure
and participation in an authorized track-and-trace program.
iii. The owners, investors, permittees, operators, and employees of the
cannabis testing laboratory will not be associated with, nor have any financial
interest in, any other form of commercial cannabis activity.
iv. The cannabis testing laboratory is accredited by an appropriate
accrediting agency as approved by the state and further described in Health
and Safety Code Section 5238 and as it may be amended.
v. The cannabis testing laboratory operating plan demonstrates proper
protocols and procedures for statistically valid sampling methods and
accurate certification of cannabis and cannabis products for potency, purity,
pesticide residual levels, mold, and other contaminants according to adopted
industry standards.
10. Retail—Storefront.
a. Commercial cannabis storefront retail may be conditionally permitted, subject
to the requirements of this section and the obtaining and maintaining of a
commercial cannabis operator permit, and the appropriate state license, in the
following zones:
i. Retail commercial (C-R);
ii. Service commercial (C-S).
b. Development Standards.
i. Compliance with subsection (E)(5) of this section, Commercial Cannabis
Development Standards.
ii. Only three retail storefronts, which must front arterial streets, will be
allowed within the city. Selection of the retail commercial cannabis operator
will be selected from qualified commercial cannabis operators as set forth in
Chapter 9.10, Cannabis Regulations. One of the retail storefronts shall have
a medicinal license and may also have an adult use license.
Planning Commission Resolution No. PC-1100-2025
CODE-0051-2025 (Citywide)
Page 20
iii. Retail storefronts shall be located at least: 1) one thousand feet from any
preschool, elementary school, junior high school, high school, public park or
playground, whether located within or outside a CBZ Overlay Zone; 2) six
hundred feet from any licensed day care center, whether located within or
outside a CBZ Overlay Zone; and 3) three hundred feet from any residentially
zoned area located within a CBZ Overlay Zone. Youth centers do not require
a buffer. Distance shall be measured from the nearest point of the property
line to the nearest point of the property line of the enumerated use using a
direct straight-line measurement. A subsequently established use described
herein shall not affect the continuation of a retail storefront in possession of a
Use Permit issued under the standards of this Section and Chapter 9.10.
iv. Retail storefronts must be separated from each other by at least one
thousand feet.
v. Hours of operation shall be limited between seven a.m. and nine p.m.
vi. Retail storefronts that possess a valid state of California cannabis retailer
license with an A-designation must include a sign at each entrance of a retail
storefront that prohibits persons under twenty-one years of age from entering.
Retail storefronts that possess a valid state of California cannabis retailer
license with an M-designation or both an A-designation and an M-designation
must include a sign at each entrance of the retail storefront that prohibits
persons under twenty-one years of age from entering unless the person is at
least eighteen years of age and is also in possession of a valid physician’s
recommendation for medical cannabis.
11. Retail—Non-Storefront (Delivery Services).
a. Commercial cannabis non-storefront retail may be conditionally permitted,
subject to the requirements of this section and the obtaining and maintaining of a
commercial cannabis operator permit pursuant to Chapter 9.10, Cannabis
Regulations, and the appropriate state license, in the following zones:
i. Service commercial (C-S);
ii. Manufacturing (M);
Planning Commission Resolution No. PC-1100-2025
CODE-0051-2025 (Citywide)
Page 21
iii. Business park (BP).
b. Development Standards.
i. Compliance with subsection (E)(5) of this section, Commercial Cannabis
Development Standards.
ii. Hours of delivery shall be limited between six a.m. to ten p.m.
12. Microbusiness.
a. Microbusinesses fall into two groups as described below and may be
conditionally permitted, subject to the requirements of this section and the
obtaining and maintaining of a commercial cannabis operator permit pursuant to
Chapter 9.10, Cannabis Regulations, and the appropriate state license, in the
following zones:
i. Microbusinesses with no more than fifty percent of the gross receipts being
from cultivation, distribution and manufacturing are allowed in the following
zones:
(a) Retail commercial (C-R).
ii. Microbusinesses with no more than fifty percent of the gross receipts
being from storefront retail sales are allowed in the following zones:
(a) Manufacturing (M);
(b) Business park (BP).
iii. Microbusinesses located in the service commercial (C-S) zone are not
limited by gross sales receipts from cultivation, distribution, manufacturing or
retail sales.
b. Microbusinesses are subject to the seventy thousand square feet of canopy
cultivation citywide limitation (either in horizontal or vertical growing situations)
and the limit of three retail storefronts fronting arterial streets citywide set forth in
subsection (E)(10) of this section.
c. Development Standards.
Planning Commission Resolution No. PC-1100-2025
CODE-0051-2025 (Citywide)
Page 22
i. Compliance with subsection (E)(5) of this section, Commercial Cannabis
Development Standards.
ii. A maximum of seventy thousand square feet of cumulative canopy for
cultivation and nurseries shall be allowed for indoor cultivation in the city
within the allowed land use zones.
iii. All indoor cannabis cultivation shall be designed to accomplish zero net
energy use from the start of the operation.
iv. Pesticides and fertilizers shall be properly labeled, stored, and applied to
avoid and prevent contamination through erosion, leakage, or inadvertent
damage from rodents, pests, or wildlife.
v. Only three retail storefronts, which must front arterial streets, will be
allowed within the city. Selection of the retail commercial cannabis operator
will be selected from qualified commercial cannabis operators as set forth in
Chapter 9.10, Cannabis Regulations. One of the retail storefronts shall have
a medicinal license and may also have an adult use license.
vi. Any microbusiness with a retail storefront shall require a planning
commission use permit.
vii. Retail storefronts shall be located at least: 1) one thousand feet from any
preschool, elementary school, junior high school, high school, public park or
playground, whether located within or outside a CBZ Overlay Zone; 2) six
hundred feet from any licensed day care center, whether located within or
outside a CBZ Overlay Zone; and 3) three hundred feet from any residentially
zoned area located within a CBZ Overlay Zone. Youth centers do not require
a buffer. Distance shall be measured from the nearest point of the property
line to the nearest point of the property line of the enumerated use using a
direct straight-line measurement. A subsequently established use described
herein shall not affect the continuation of a retail storefront in possession of a
Use Permit issued under the standards of this Section and Chapter 9.10.
viii. Retail storefronts must be separated from each other by at least one
thousand feet.
Planning Commission Resolution No. PC-1100-2025
CODE-0051-2025 (Citywide)
Page 23
ix. Hours of retail shall be limited to between nine seven a.m. to eight nine
p.m. and delivery shall be limited to between six a.m. to ten p.m.
x. Retail storefronts that possess a valid state of California cannabis retailer
license with an A-designation must include a sign at each entrance of a retail
storefront that prohibits persons under twenty-one years of age from entering.
Retail storefronts that possess a valid state of California cannabis retailer
license with an M-designation or both an A-designation and an M-designation
must include a sign at each entrance of the retail storefront that prohibits
persons under twenty-one years of age from entering unless the person is at
least eighteen years of age and is also in possession of a valid physician’s
recommendation for medical cannabis.
SECTION 4. 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-1100-2025
CODE-0051-2025 (Citywide)
Page 24
SECTION 5. 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 _____ 2025, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the ____ day of ____, 2025, 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
END OF DOCUMENT