HomeMy WebLinkAboutO-1727 amending the City’s Zoning Map to expand the Cannabis Business Overlay Zones (RZ-0118-2023)O 1727
ORDINANCE NO. 1727 (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 ESTABLISHED 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 Annexation 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, at a public hearing of the Planning Commission of the City of San Luis
Obispo conducted on April 12, 2023 in the Council Chamber of City Hall, 990 Palm Street,
San Luis Obispo, California, the Planning Commission considered amending the zoning
map to expand the Cannabis Business Overlay Zones and made a recommendation to
the City Council in favor of 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 amended and
superseded to the extent inconsistent herewith.
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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 16th day of May, 2023, on the following vote:
AYES: Council Member Francis, Pease, Shoresman, Vice Mayor Marx, and
Mayor Stewart
NOES: None
ABSENT: None
___________________________
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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