HomeMy WebLinkAboutPC-1108-25 (MOD-0424-2025 -- 280 Higuera St.)RESOLUTION NO. PC-1108-25
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO PLANNING
COMMISSION MODIFYING AN EXISTING CONDITIONAL USE PERMIT
(USE-0550-2019) TO ADD DELIVERY SERVICES TO A CANNABIS
RETAIL STOREFRONT OPERATION. THE PROJECT IS EXEMPT FROM
ENVIRONMENTAL REVIEW (CEQA) AS REPRESENTED IN THE
PLANNING COMMISSION AGENDA REPORT AND ATTACHMENTS
DATED AUGUST 27, 2025 (280 HIGUERA ST; MOD-0424-2025).
WHEREAS, on November 13, 2019, the Planning Commission adopted
Resolution No. PC-1013-2019 granting a Conditional Use Permit to Megan’s Organic
Market for the establishment of a cannabis retail storefront at 280 Higuera Street; and
WHEREAS, on October 1, 2024, the City Council 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 to adopt Ordinance No. 1740 (2024 Series), amending Table 2-1
(Uses Allowed by Zone) in Section 17.10.020 of Title 17 (“Zoning Regulations”) of the
Municipal Code to allow existing cannabis retail storefronts to conduct retail sales by
delivery with a modification to their existing Conditional Use Permit to include delivery;
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 27, 2025, for the purpose of considering a modification to Use
Permit USE-0550-2019 to add delivery services to an existing retail storefront at 280
Higuera St; and
WHEREAS, notices of said public hearings were made at the time and in the
manner required by law; and
WHEREAS, the Planning Commission has duly considered all evidence, including
the testimony of the applicant, interested parties and the evaluation and
recommendations by staff presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City
of San Luis Obispo as follows:
Planning Commission Resolution No. PC-1108-2025
MOD-0424-2025 (280 Higuera St)
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SECTION 1. Findings. Based upon all evidence, the Planning Commission makes
the following findings:
1. The proposed use is consistent with Section 17.86.080 (“Cannabis Zoning
Regulations”) and Chapter 9.10 (“Cannabis Regulations”) of the Municipal Code because,
as proposed, the use is located within a CBZ Overlay Zone, will not negatively impact the
residential uses in the neighborhood, is consistent with adjacent businesses that have
similar hours of operation, and is consistent with buffer requirements imposed by the
City’s Zoning Regulations.
2. The site is physically suitable in terms of:
a. Its design, location, shape, size, and operating characteristics of the
proposed use;
b. Traffic generation and the provision of public and emergency vehicle
(e.g. fire and medical) access;
c. Public protection services (e.g. fire protection, police protection, etc.);
and
d. The provision of utilities (e.g. potable water, schools, solid waste
collection and disposal, storm drainage, wastewater collection,
treatment, and disposal, etc.).
3. That the project will not be detrimental to the health, safety, and welfare of
persons living or working at the site or in the vicinity because the cannabis retail storefront
does not present a potential threat to the surrounding property and buildings. This project
is subject to Use permit requirements, City regulations, and California Building Code
requirements designed to address health, safety, and welfare concerns. Additionally, the
applicant prepared a Security Plan that addresses both state- wide regulations of the
Bureau of Cannabis Control and concerns of the City Police Department.
4. The cannabis retail storefront, as proposed, will comply with all the
requirements of State and City for the sale of cannabis goods, including dual licensure
and participation in an authorized track and trace program.
Planning Commission Resolution No. PC-1108-2025
MOD-0424-2025 (280 Higuera St)
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5. The proposed modification to USE-0550-2019 is consistent with the
regulations for commercial cannabis activity set forth in Chapter 9.10 (Cannabis
Regulations) and Section 17.86.080 (Cannabis Zoning Regulations) of the Municipal
Code, because the Operator holds a valid commercial cannabis Operator Permit and
state license as required by SLOMC § 9.10.040, and, under state law (4 CCR Division
19), and as allowed under Table 2-1 (SLOMC § 17.10.020), retail storefronts with a valid
state license and city permit may sell cannabis goods through storefront and by delivery.
Additionally, the Operator has submitted an updated Security Plan in accordance with
SLOMC § 9.10.50, which has been reviewed and approved by the City Police
Department.
SECTION 2. Environmental Determination. The project is categorically exempt
from the preparation of environmental documentation under the California Environmental
Quality Act (CEQA). The project is consistent with General Plan policies for the land use
designation and is consistent with the applicable zoning designation and regulations. The
project consists of the operation of existing, private structures that involves negligible
expansion of use beyond existing and historical uses, as described in CEQA Guidelines
§ 15301 (Existing Facilities).
SECTION 3. Action. The Planning Commission does hereby approve the
modification to Conditional Use Permit USE-0550-2019 to add delivery services to an
existing cannabis retail storefront located at 280 Higuera Street, subject to the following
conditions:
1. The proposed use shall operate consistent with the project description and
other supporting documentation submitted with this application unless otherwise
conditioned herein, including, but not limited to: the Operations Plan, Chapter 9.10 of the
City Municipal Code, and Section 17.86.080 of the City Municipal Code, all of which are
incorporated into and made material terms of these conditions. This permit shall be
reviewed by the Community Development Director if any reasonable written complaint is
received from any citizen or from the Police Department or upon receipt of evidence or
observation that the use is not in compliance with conditions of approval and the Municipal
Code. The Community Development Director may refer the complaint to the Planning
Commission at his/her/their discretion and conditions of approval may be added, deleted,
or modified or the use permit may be revoked to ensure ongoing compatibility between
uses on the project site and other nearby uses.
2. Any parking lot lighting installed on the site by the applicant shall be night
sky compliant LED bollard lighting, as specified on sheet A1.0 of the project plans dated
June 27, 2019, by Ten Over Studio. The Community Development Director may modify
this requirement upon a determination that such lighting would not be conducive to the
safety of the public or would not meet the requirements of the California Building Code.
Planning Commission Resolution No. PC-1108-2025
MOD-0424-2025 (280 Higuera St)
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3. The applicant shall obtain and maintain the commercial cannabis operator
permit and any appropriate state licenses. Applicant shall comply with applicable state
law, including but not limited to Chapter 3 of Title 4 of the California Code of Regulations.
4. The applicant shall pay 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.
5. Minors and persons under the age of twenty-one are prohibited from
entering the cannabis retail storefront, even if accompanied by a parent or guardian,
unless the individual is at least eighteen years of age and possesses a valid physician’s
recommendation for medical cannabis.
6. Outdoor storage of cannabis or cannabis products is prohibited.
7. During business hours, defined as 7:00 AM to 9:00 PM in accordance with
San Luis Obispo Municipal Code § 17.86.080(E)(10)(b)(v), all delivery vehicles
associated with the cannabis business shall be parked in the designated secure delivery
bay for long-term storage. Outside of business hours, a maximum of one delivery vehicle
may be parked overnight in the business’s designated parking area, as shown on the
approved site plan.
8. The applicant shall operate a maximum of two delivery vehicles to support
delivery operations. Any additional vehicles proposed to support delivery operations are
hereby subject to the approval of the Community Department Director.
9. Each delivery vehicle shall be fully enclosed and unmarked, equipped with
a Global Positioning System (GPS) device owned by the licensee, and a minimum of two
cameras with at least 720p resolution, recording continuously during deliveries.
Surveillance footage must be retained securely for a minimum of 90 days and made
available to city and state officials upon request.
10. All delivery employees must be at least 21 years old, employed directly by
the licensee, and carry valid identification and delivery documentation during deliveries.
11. Deliveries shall not be made to schools, day care centers, youth centers, or
publicly owned land, consistent with state law.
12. The licensee shall consent to unscheduled inspections of delivery vehicles,
premises, and records by city and state officials to ensure compliance.
Planning Commission Resolution No. PC-1108-2025
MOD-0424-2025 (280 Higuera St)
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13. The applicant shall defend, indemnify, and hold harmless the City and/ or
its agents, officers, and employees from any claim, action, or proceeding against the City
and/ or its agents, officers, or employees to attack, set aside, void, or annul the approval
by the City of this project, and all actions relating thereto, including but not limited to
environmental review ("Indemnified Claims"). The City shall promptly notify the applicant
of any Indemnified Claim upon being presented with the Indemnified Claim, and City shall
fully cooperate in the defense against an Indemnified Claim.
Upon motion of Commissioner Flores, seconded by Commissioner Jorgensen and on the
following roll call vote:
AYES: Commissioner Flores, Commissioner Jorgensen, Commissioner Munoz-
Morris, and Vice Chair Tolle
NOES: None
ABSENT: Commissioner Cooley, Commissioner Kahn, and Chair Houghton
The foregoing resolution was passed and adopted this 27th day of August 2025.
___________________
Tyler Corey, Secretary
Planning Commission