HomeMy WebLinkAbout5/1/2018 Item 15, Codron
City of San Luis Obispo, Council Memorandum
Date: April 30, 2018
TO: Mayor and City Council
FROM: Michael Codron, Community Development Director
VIA: Derek Johnson, City Manager DJ
SUBJECT: Item #15: Cannabis Ordinances
Staff is recommending changes to the ordinances recommended for approval as part of Item #15:
changes include some clean-up items for consistency, and are generally intended to:
1. Clarify differences between how the City regulates cannabis in relation to medicinal and
adult use activities.
2. Address the number of plants that individuals can grow on a given residential property,
indoors and outdoors.
3. Establish maximum hours of operation for cannabis business activity (which may be
further refined as part of a use permit).
4. Establishes buffers of 600 feet from licensed day care centers.
Attachment
1. Recommended ordinance modifications
Item 15: Agenda Correspondence, Recommended Changes to the
Permit and Land Use Regulation Ordinances
Attachment A, Exhibit A, Section 9.10.010(B)
Packet Page 224-225
B. This Chapter is not intended to, and shall not be construed to, prohibit or interfere with any
right, defense or immunity under Health and
Safety Code Section 11362.5 (the Compassionate Use Act), or a qualified patient or a qualified
under Health and Safety Code Section 11362.7 et. seq. (the Medical
Marijuana Program Act).
Attachment A, Exhibit A, Section 9.10.020(A)
Packet Page 225
A. State defined terms. Words or terms used in this chapter that are defined words or terms in
Business and Professions Code Section 26001, or Health and Safety Code Section 11362.7 (the
may be amended to read. These state defined words and terms include, but are not limited to,
Some of these terms are also set forth in Chapter 17.100 of this code. In the event of conflict in the
definitions, the definitions in Chapter 17.100 shall control; provided the terms are
defined. Terms used in this chapter that are not defined by the Statutes or chapter 17.100, shall
have the meanings set forth in subsection B below shall control over any other definition.
Attachment A, Exhibit A, Section 9.10.030(B & C)
Packet Page 226
B. Maximum Six Plants Per Private Residence, Indoors and Outdoors/Medicinal Exception.
Except for qualified patients with a Medical Marijuana Identification Card and the primary
caregivers of such persons, as provided in Subsection C below, It shall be unlawful for the
cumulative total of cannabis plants per private residence, indoors and outdoors, to exceed six (6)
cannabis live plants, regardless of number of persons residing in the private residence. This
limitation applies to cannabis live plants for either adult recreational use or medicinal purposes.
Any live cannabis plants grown indoors shall comply with applicable provisions of Chapter 17.99
of this Code.
C. Medicinal Cannabis Indoors if Exceed Six Plants. For qualified patients with a Medical
Marijuana Identification Card, or the primary caregivers of such persons, any cannabis live plants
in excess of six per private residence, shall be cultivated indoors and shall comply with applicable
provisions of Chapter 17. 99 of this Code.
Item 15: Agenda Correspondence, Recommended Changes to the
Permit and Land Use Regulation Ordinances
Attachment A, Exhibit A, Section 9.10.130(C)
Packet Page 232
C. Inventory Control system. All Commercial Cannabis Businesses shall maintain an inventory
control and reporting system that accurately documents the present location, amounts, and
descriptions of all cannabis and cannabis products for all stages of the growing and production or
manufacturing, laboratory testing and distribution processes until sold or distributed. All
Commercial Cannabis Businesses shall maintain records of all sales or transfers of cannabis and
cannabis products.
Attachment A, Exhibit A, Section 9.10.180
Packet Page 235
Compliance with all local and state cannabis-related laws shall be a condition of a city Commercial
Cannabis Operator Permit and it shall be a violation of a Commercial Cannabis Operator Permit
for a permittee license for a licensee or his or her agents or employees to violate any local or, state
or federal tobacco-cannabis-related law.
Attachment A, Exhibit A, Section 9.10.230(B)
Packet Page 235-236
B. No person under 21 years of age shall be allowed on the premises of a Commercial Cannabis
Attachment A, Exhibit A, Section 9.10.250(C)
Packet Page 237
C. Hours of Operation.
a. Retail -Storefront. Retail-Storefront Commercial Cannabis Business shall not operate
between the hours of 8 PM and 9 AM.
b. Retail-Non-Storefront (Delivery Services). Retail-Non-Storefront (Delivery Services)
Commercial Cannabis Business shall not operate between the hours of 10 PM and 6 AM.
c. Commercial Other than Retail. All Commercial Cannabis Activity other than Retail is
prohibited between the hours of 10 PM and 7 AM.
Attachment A, Exhibit B, Section 17.99.040(A)
Packet Page 239-240
A. 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:
1. All indoor personal cultivation, including by a qualified patient or primary caregiver, 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.
2
Item 15: Agenda Correspondence, Recommended Changes to the
Permit and Land Use Regulation Ordinances
2. Medical or medicinal cannabis shall be cultivated inside a private residence only by:
a. A qualified patient or person with an identification card, as each is defined by
Health and Safety code section 11362.7 exclusively for his or her own personal
medical use but who does not provide, donate, sell, or distribute medical cannabis
to any other person; or
b. A primary caregiver, as defined by Health and Safety Code section 11362.7, who
cultivates, possesses, stores, manufactures, transports, donates, or provides medical
cannabis exclusively for the personal medical purposes of no more than five
specified qualified patients for whom he or she is the primary caregiver, but who
does not receive remuneration for these activities except for compensation in full
compliance with Health and Safety Code Section 11362.765(c).
3. 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.
4. All accessory buildings and structures used for indoor cultivation shall comply with the
ng Regulations and Building Codes.
5. Indoor personal cultivation of cannabis may occur inside a dwelling and/or an accessory
building or structure, subject to the following restrictions:
a. The cumulative cultivation for medical or medicinal cannabis shall not exceed six
(6) cannabis plants per qualified patient per private residence. Either a qualified
patient or a primary caregiver shall reside full-time on the premises where the
medical cannabis cultivation occurs.
b. For persons other than qualified patients or primary caregivers, All personal
cultivation shall be conducted by persons 21 years of age or older, and the
cumulative total of cannabis plants on the property per private residence, indoor
and outdoor, shall not exceed six (6) cannabis plants, regardless of the number of
persons residing on the property.
6. 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).
7. 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.
8. 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.
9. Nothing in this section is intended, nor shall it be construed, to authorize commercial
cultivation of cannabis at a private residence. by qualified patients, persons with an
identification card or primary caregivers.
10. 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.
3
Item 15: Agenda Correspondence, Recommended Changes to the
Permit and Land Use Regulation Ordinances
11. Cannabis cultivation areas in a private residence shall be locked at all times when the
cultivator is not present.
Attachment A, Exhibit B, Section 17.99.040(B)
Packet Page 240
B. 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:
1. 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.
2. The cannabis plants shall be placed at a minimum setback of five (5) feet from the edge of
canopy to the property line.
3. 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.
4. All outdoor personal cultivation shall be conducted by persons 21 years of age or older.
5. The cumulative total of cannabis plants cultivated outdoor shall not exceed six (6) 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.
6. Nothing in this section is intended, nor shall it be construed, to preclude any landlord from
limiting or prohibiting cannabis cultivation by tenants.
7. Nothing in this section is intended, nor shall it be construed, to authorize commercial
cultivation of cannabis at a private residence outdoors.
8. 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 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.
Attachment A, Exhibit B, Section 17.99.050(D)(5)
Packet Page 242
5. Applications for retail storefronts shall include a vicinity map showing at least one thousand
(1000) feet of surrounding area and the distances to the following uses: any pre-school, elementary
school, junior high school, high school, public park or playground, six hundred (600) feet from
any licensed daycare center, and three hundred (300) feet from a residentially zoned area. 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.
4
Item 15: Agenda Correspondence, Recommended Changes to the
Permit and Land Use Regulation Ordinances
Attachment A, Exhibit B, Section 17.99.050(J)(2)(3)
Packet Page 246
3. Retail storefronts shall be located at least one thousand (1000) feet from any pre-school,
elementary school, junior high school, high school, public park or playground, six hundred (600)
feet from any licensed day care center, and three hundred (300) feet from any residentially zoned
area. 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.
Attachment A, Exhibit B, Section 17.99.050(L)(3)(7)
Packet Page 247
7. Retail storefronts shall be located at least one thousand (1000) feet from any pre-school,
elementary school, junior high school, high school, public park or playground, six hundred (600)
feet from any licensed day care center, and three hundred (300) feet from any residentially zoned
area. 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.
Attachment A, Exhibit D, Section 17.100
Packet Page 250
Cultivation, Personal. Cultivation of cannabis conducted by an individual strictly for that
compensation whatsoever in accordance with this Code and State law, including but not limited to
Health and Safety Code sections 11362.1 and 11362.2, as may be amended. Personal cultivation
also means and includes cultivation of medical cannabis conducted by a qualified patient
exclusively for his or her personal medical use, and cultivation conducted by a primary caregiver
for the personal medical purposes of no more than five specified qualified patients for whom he or
she is the primary caregiver, in accordance with State law, including Health and Safety Code
sections 11362.7 and 11362.765, as may be amended. Except as herein defined, personal
cultivation does not include, and shall not authorize, any cultivation conducted as part of a business
or commercial activity, including cultivation for compensation or retail or wholesale sales of
cannabis.
5