REPORT TO PLANNING AND DESIGN COMMISSION City of Sacramento

Transcription

1 REPORT TO PLANNING AND DESIGN COMMISSION City of Sacrameto 3 PUBLIC HEARING March 9, 2017 To: Members of the Plaig ad Desig Commissio: Subject: Ordiace Amedig the Plaig ad Developmet Code related to Novolatile Maufacturig (M17-005) Locatio: Citywide Cotact: Joy Patterso, Pricipal Plaer, Recommedatio: Pass a motio to forward a recommedatio to the city Coucil to approve the proposed amedmets to the City Code relatig to marijuaa maufacturig. Summary: O November 15, 2016 the Law ad Legislatio Committee reviewed proposed regulatios for permittig marijuaa maufacturig facilities ad testig laboratories i the City of Sacrameto. The Committee voted to direct the City Maager to prepare the ecessary ordiaces to allow operatig permits for these busiesses subject to requiremets icludig a coditioal use permit (CUP). The proposed ordiace would amed the Plaig ad Developmet Code to allow a coditioal use permit for maufacturig i the Geeral Commercial (C-2), Heavy Commercial (C-4), Light Idustrial (M-1, M-1S), Heavy Idustrial (M-2, M-2S), Maufacturig Idustrial Park (MIP) ad Maufacturig Research Developmet (MRD) zoes. Backgroud Iformatio: dispesaries sell a variety of marijuaa related products i additio to marijuaa flowers ad plats. Maufacturers produce a variety of goods that cotai marijuaa icludig baked goods, cadies, beverages, oil, lotios ad capsules. The maufacturers produce these products by extractig various substaces from marijuaa plats. The use of volatile solvets i the marijuaa extractio process ca be dagerous (volatile extractio), while other methods are cosidered sigificatly safer. City staff ad the Law ad Legislatio Committee both recommed that the City Coucil oly approve methods of extractio i the City of Sacrameto. The proposed ordiace adds defiitios to Title 17 for product, marijuaa ad volatile solvet. Curretly medical marijuaa dispesaries ad cultivatio sites are permitted, subject to coditioal use permit approval, i the C-2, C-4, M-1, M-1S, M-2 ad M-2S zoes. Cultivatio, the growig of plats, is also permitted i the Agricultural (A) zoe. aff fids 1

2 Title 17 Amedmet Relatig to Novolatile Maufacturig (M17-005) March 9, 2017 that, with certai special use regulatios, it would be appropriate to permit maufacturig of marijuaa ifused products i the same zoes that other maufacturig is permitted (Attachmet 4 ad 5). This icludes the MIP zoe ad the MRD zoe (marijuaa dispesaries ad marijuaa cultivatio are ot permitted i these two zoes). These special use regulatios are: Novolatile maufacturig oly; Maufacturig must be withi a fully eclosed buildig ad must ot be visible from the public right-of-way; Maufacturig site caot be located withi 600 feet of a school as defied by the Califoria Health ad Safety Code; Maufacturig site caot have more tha oe sig, oillumiated, maximum size of six square feet i area; The property ower must provide a Neighborhood Resposibility Pla to address the adverse impacts of marijuaa maufacturig o the surroudig area The maufacturig must comply with all applicable state ad local laws; ad, Abide by same requiremet that is placed o other maufacturers i the C-2 zoe, which is that the marijuaa maufacturig site caot exceed 6,400 square feet i area. If the site is withi 600 feet of a eighborhood or commuity park the coditioal use permit would be heard by the Plaig ad Desig Commissio. If the site is ot withi 600 feet of a eighborhood or commuity park the coditioal use permit would be heard by the Zoig Admiistrator. Ay permit heard by the Plaig ad Desig Commissio (icludig appeals) may be called up to the City Coucil. This regulatio is the same as the hearig levels for marijuaa cultivatio. Committee Actio: O November 15, 2016, by a vote of three ayes ad oe abset, the Law ad Legislatio Committee voted to direct the City Maager s staff to prepare ordiaces related to marijuaa icludig amedig Title 17 to permit the use i the above-metioed zoes with coditioal use permit approval ad forward the ordiaces to the City Coucil. Evirometal Cosideratio: This actio is ot a project subject to the Califoria Evirometal Quality Act (CEQA) because it ivolves oly geeral policy ad procedure makig ad does ot have the potetial for resultig i either a direct physical chage i the eviromet, or a reasoably foreseeable idirect physical chage i the eviromet (CEQA Guidelies, sectios 15002(d), 15378, 15061(b)(3).) Policy Cosideratios: The Sacrameto City Coucil has adopted regulatios pertaiig to medical marijuaa dispesaries ad cultivatio i the City of Sacrameto. The ate of Califoria has also adopted the Medical Caabis Regulatio ad Safety Act (MCRSA) which affects state ad local govermet licesig/permittig of medical

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4 Title 17 Amedmet Relatig to Novolatile Maufacturig (M17-005) March 9, 2017 City Plaig Commissio Record of Decisio/Recommedatio: (M17-005) Attachmet 1 A. The Plaig ad Desig Commissio recommeds approval ad forwards to the City Coucil the Ordiace amedig various provisios of Title 17 of the Sacrameto City Code relatig to o-volatile marijuaa maufacturig as set forth i Attachmets 2 ad 3 ad based upo the followig fidigs of fact: 1. As ameded, title 17 complemets, supports, ad facilitates the implemetatio of the goals, policies, ad other provisios of the geeral pla ad the city s specific plas ad trasit village plas; ad 2. The amedmet promotes the public health, safety, coveiece, ad welfare of the city.

5 Novolatile Maufacturig (M17-005) March 9, 2017 Attachmet 2 ORDINANCE NO. Adopted by the Sacrameto City Coucil Date Adopted AN ORDINANCE AMENDING VARIOUS PROVISIONS OF TITLE 17 OF THE SACRAMENTO CITY CODE (THE PLANNING AND DEVELOPMENT CODE) RELATING TO NONVOLATILE MARIJUANA MANUFACTURING BE IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO: SECTION 1. The city coucil fids the followig: 1. As ameded by this ordiace, the Plaig ad Developmet Code complemets, supports, ad facilitates the implemetatio of the goals, policies, ad other provisios of the geeral pla ad the city s specific plas ad trasit village plas; ad 2. The amedmets i this ordiace promote the public health, safety, coveiece, ad welfare of the city. SECTION 2. A. Sectio ( M defiitios) of the Sacrameto City Code is ameded as follows: 1. The defiitio of marijuaa is added to read as follows: has the same meaig as caabis i sectio of the Califoria Busiess ad Professios Code, which icludes marijuaa as defied i Califoria Health ad Safety Code sectio The defiitio of marijuaa cultivatio is ameded to read as follows: cultivatio meas ay activity ivolvig the platig, growig, harvestig, dryig, curig, gradig, or trimmig of marijuaa. As used i this defiitio, marijuaa has the same meaig as caabis i sectio of the Califoria Busiess ad Professios Code, which icludes marijuaa as defied

6 Novolatile Maufacturig (M17-005) March 9, 2017 Attachmet 2 i sectio of the Califoria Health ad Safety Code. 3. The defiitio of marijuaa is added to read as follows: " " meas the productio, preparatio, propagatio, ad compoudig of marijuaa ad marijuaa products, without the use of a volatile solvet. Novolatile marijuaa maufacturig icludes but is ot limited to the extractio of a substace from a marijuaa plat with solvets, the ifusio or mixture of marijuaa ito aother substace, the preparatio of a edible item that icludes marijuaa, ad the packagig ad labelig of marijuaa or marijuaa products. Novolatile marijuaa maufacturig does ot iclude marijuaa cultivatio. 4. The defiitio of marijuaa product is added to read as follows: " product" meas a item cotaiig marijuaa. product icludes but is ot limited to cocetrates, extractios, edibles, ad topicals. product does ot iclude accessories or parapheralia that may be used with marijuaa but do ot cotai ay marijuaa. B. Except as specifically ameded i sectio A above, all other provisios of sectio remai uchaged ad i full effect. SECTION 3. A. Sectio ( V defiitios) of the Sacrameto City Code is ameded to add the defiitio of volatile solvet to read as follows: "Volatile solvet" meas volatile orgaic compoud, icludig (1) explosive gases, such as butae, propae, xylee, styree, gasolie, kerosee, 02 or H2; ad (2) dagerous poisos, toxis, or carcioges, such as methaol, iso-propyl alcohol, methylee chloride, acetoe, bezee, toluee, ad tri-chloro-ethylee. B. Except as specifically ameded i sectio A above, all other provisios of sectio remai uchaged ad i full effect. SECTION 4. sectio (C-2 zoe Permitted Uses) of the Sacrameto City Code is ameded to add a row as follows:

7 Novolatile Maufacturig (M17-005) March 9, 2017 Attachmet 2 i sectio remai uchaged ad i full effect. SECTION 5. sectio (C-4 zoe Permitted uses) of the Sacrameto City Code is ameded to add a row as follows: i sectio remai uchaged ad i full effect. SECTION 6. sectio (M-1 zoe Permitted uses) of the Sacrameto City Code is ameded to add a row as follows: i sectio remai uchaged ad i full effect. SECTION 7. sectio (M-1(S) zoe Permitted uses) of the Sacrameto City Code is

8 Novolatile Maufacturig (M17-005) March 9, 2017 Attachmet 2 i sectio remai uchaged ad i full effect. SECTION 8. sectio (M-2 zoe Permitted uses) of the Sacrameto City Code is ameded to add a row as follows: i sectio remai uchaged ad i full effect. SECTION 9. sectio (M-2(S) zoe Permitted uses) of the Sacrameto City Code is i sectio remai uchaged ad i full effect. SECTION 10. A. The table set forth i subsectio B.1 (Idustrial ad Agricultural Uses) of sectio (MIP zoe Permitted uses) of the Sacrameto City Code is ameded to add a row as follows: i sectio remai uchaged ad i full effect. SECTION

9 Novolatile Maufacturig (M17-005) March 9, 2017 Attachmet 2 sectio (MRD zoe Permitted uses) of the Sacrameto City Code is ameded to add a row as follows: i sectio remai uchaged ad i full effect. SECTION 12. Sectio is added to the Sacrameto City Code to read as follows: Novolatile marijuaa maufacturig. A. Novolatile marijuaa maufacturig may oly be established i the C-2, C-4, M-1, M-1(S), M-2, M-2(S), MIP, ad MRD zoes as follows: 1. Except as provided i subsectio 2, a coditioal use permit approved by the zoig admiistrator is required. 2. A coditioal use permit approved by the plaig ad desig commissio is required where the marijuaa maufacturig site is withi 600 feet of: a. A park idetified as a eighborhood park or commuity park i the city s most recetly adopted Parks ad Recreatio Master Pla; or b. A park ot yet idetified i the city s most recetly adopted Parks ad Recreatio Master Pla. 3. The zoig decisio-maker may approve a coditioal use permit for marijuaa maufacturig based o the fidigs set forth i sectio C ad the followig: a. The proposed marijuaa maufacturig will ot adversely affect the peace or geeral welfare of the surroudig eighborhood; ad b. The proposed marijuaa maufacturig

10 Novolatile Maufacturig (M17-005) March 9, 2017 Attachmet 2 will ot result i udue cocetratio of marijuaa maufacturig establishmets. B. I ay zoe, marijuaa maufacturig must comply with the followig provisios: 1. Novolatile marijuaa maufacturig must be withi a fully eclosed buildig ad must ot be visible from the public right-of-way. 2. The marijuaa maufacturig site caot be located withi 600 feet of a school, i accordace with Califoria Health ad Safety Code sectio The marijuaa maufacturig site caot have more tha oe sig. The sig may be attached or detached. The sig caot be illumiated ad caot exceed six square feet i area. 4. Novolatile marijuaa maufacturig must comply with all applicable state ad local laws. 5. Each property ower seekig a coditioal use permit for marijuaa maufacturig shall provide a eighborhood resposibility pla i order for the decisio-maker to make the requisite fidigs idetified i sectios.a.1 ad C.1.d. The eighborhood resposibility pla must address the adverse impacts of marijuaa maufacturig o the surroudig area. Compliace with the eighborhood resposibility pla shall be achieved through a agreemet with the city, coditios of approval o the use permit, or through other meas acceptable to the city. C. I the C-2 zoe, a marijuaa maufacturig site caot exceed 6,400 square feet i area. D. Notice to city coucil. As soo as reasoably practicable after the plaig ad desig commissio makes a decisio o a coditioal use permit required to establish marijuaa the plaig director shall report that decisio to the city coucil. E. Procedures for call-up review. The mayor or the coucilmember i whose district the project is located may call up for city coucil review ay decisio described i subsectio D by filig a writte request with the plaig director withi 10 days of the plaig ad desig commissio s decisio. If the teth day is o a o-busiess day, the last day to file the request is the ext busiess day. Oce the request is filed, the coucil shall otice ad set the matter for the hearig before it. Notice of the hearig shall be give i the maer provided i sectio A.2.a. The hearig before the city coucil shall be

11 Novolatile Maufacturig (M17-005) March 9, 2017 Attachmet 2 de ovo, meaig that the city coucil shall hear the matter i the same maer that the plaig ad desig commissio heard the matter. F. Withdrawal of request for review. The requester uder subsectio E may withdraw that request. The withdrawal shall be oted o the ext regularly scheduled meetig of the city coucil ad shall be cosidered to have occurred o that date. Ay other member of the city coucil shall have 10 days thereafter to file a request for call-up review. If the teth day is a o-busiess day, the last day to file the request is the ext busiess day. Noticig ad hearig of the matter shall be as set forth i subsectio E

12 Title 17 Amedmet Relatig to Novolatile Maufacturig (M17-005) March 9, 2017 Attachmet 3 ORDINANCE NO. Adopted by the Sacrameto City Coucil Date Adopted AN ORDINANCE AMENDING VARIOUS PROVISIONS OF TITLE 17 OF THE SACRAMENTO CITY CODE (THE PLANNING AND DEVELOPMENT CODE) RELATING TO NONVOLATILE MARIJUANA MANUFACTURING BE IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO: SECTION 1. The city coucil fids the followig: 1. As ameded by this ordiace, the Plaig ad Developmet Code complemets, supports, ad facilitates the implemetatio of the goals, policies, ad other provisios of the geeral pla ad the city s specific plas ad trasit village plas; ad 2. The amedmets i this ordiace promote the public health, safety, coveiece, ad welfare of the city. SECTION 2. A. Sectio ( M defiitios) of the Sacrameto City Code is ameded as follows: 1. The defiitio of marijuaa is added to read as follows: has the same meaig as caabis i sectio of the Califoria Busiess ad Professios Code, which icludes marijuaa as defied i sectio of the Califoria Health ad Safety Code. 2. The defiitio of marijuaa cultivatio is ameded to read as follows: cultivatio meas ay activity ivolvig the platig, growig, harvestig, dryig, curig, gradig, or trimmig of marijuaa.

13 Title 17 Amedmet Relatig to Novolatile Maufacturig (M17-005) March 9, The defiitio of marijuaa is added to read as follows: " " meas the productio, preparatio, propagatio, ad compoudig of marijuaa ad marijuaa products, without the use of a volatile solvet. Novolatile marijuaa maufacturig icludes but is ot limited to the extractio of a substace from a marijuaa plat with solvets, the ifusio or mixture of marijuaa ito aother substace, the preparatio of a edible item that icludes marijuaa, ad the packagig ad labelig of marijuaa or marijuaa products. Novolatile marijuaa maufacturig does ot iclude marijuaa cultivatio. 4. The defiitio of marijuaa product is added to read as follows: " product" meas a item cotaiig marijuaa. product icludes but is ot limited to cocetrates, extractios, edibles, ad topicals. product does ot iclude accessories or parapheralia that may be used with marijuaa but do ot cotai ay marijuaa. B. Except as specifically ameded i sectio A above, all other provisios of sectio remai uchaged ad i full effect. SECTION 3. The defiitio of volatile solvet is added to sectio ( V defiitios) of the Sacrameto City Code to read as follows: SECTION 3. "Volatile solvet" meas volatile orgaic compouds, icludig (1) explosive gases, such as butae, propae, xylee, styree, gasolie, kerosee, 02 or H2; ad (2) dagerous poisos, toxis, or carcioges, such as methaol, iso-propyl alcohol, methylee chloride, acetoe, bezee, toluee, ad tri-chloro-ethylee. sectio (C-2 zoe Permitted Uses) of the Sacrameto City Code is i sectio remai uchaged ad i full effect.

14 Title 17 Amedmet Relatig to Novolatile Maufacturig (M17-005) March 9, 2017 SECTION 4. sectio (C-4 zoe Permitted uses) of the Sacrameto City Code is i sectio remai uchaged ad i full effect. SECTION 5. sectio (M-1 zoe Permitted uses) of the Sacrameto City Code is i sectio remai uchaged ad i full effect. SECTION 6. sectio (M-1(S) zoe Permitted uses) of the Sacrameto City Code is i sectio remai uchaged ad i full effect. SECTION 7. sectio (M-2 zoe Permitted uses) of the Sacrameto City Code is

15 Title 17 Amedmet Relatig to Novolatile Maufacturig (M17-005) March 9, 2017 i sectio remai uchaged ad i full effect. SECTION 8. sectio (M-2(S) zoe Permitted uses) of the Sacrameto City Code is i sectio remai uchaged ad i full effect. SECTION 9. A. The table set forth i subsectio B.1 (Idustrial ad Agricultural Uses) of sectio (MIP zoe Permitted uses) of the Sacrameto City Code is i sectio remai uchaged ad i full effect. SECTION 10. sectio (MRD zoe Permitted uses) of the Sacrameto City Code is i sectio remai uchaged ad i full effect.

16 Title 17 Amedmet Relatig to Novolatile Maufacturig (M17-005) March 9, 2017 SECTION 11. Sectio is added to the Sacrameto City Code to read as follows: Novolatile marijuaa maufacturig. A. Novolatile marijuaa maufacturig may oly be established i the C-2, C-4, M-1, M-1(S), M-2, M-2(S), MIP, ad MRD zoes as follows: 1. Except as provided i subsectio 2, a coditioal use permit approved by the zoig admiistrator is required. 2. A coditioal use permit approved by the plaig ad desig commissio is required where the marijuaa maufacturig site is withi 600 feet of: a. A park idetified as a eighborhood park or commuity park i the city s most recetly adopted Parks ad Recreatio Master Pla; or b. A park ot yet idetified i the city s most recetly adopted Parks ad Recreatio Master Pla. 3. The zoig decisio-maker may approve a coditioal use permit for marijuaa maufacturig based o the fidigs set forth i sectio C ad the followig: a. The proposed marijuaa maufacturig will ot adversely affect the peace or geeral welfare of the surroudig eighborhood; ad b. The proposed marijuaa maufacturig will ot result i udue cocetratio of marijuaa maufacturig establishmets. B. I ay zoe, marijuaa maufacturig must comply with the followig provisios: 1. Novolatile marijuaa maufacturig must be withi a fully eclosed buildig ad must ot be visible from the public right-of-way. 2. The marijuaa maufacturig site caot be located withi 600 feet of a school, i accordace with sectio of the Califoria Health ad Safety Code.

17 Title 17 Amedmet Relatig to Novolatile Maufacturig (M17-005) March 9, The marijuaa maufacturig site caot have more tha oe sig. The sig may be attached or detached. The sig caot be illumiated ad caot exceed six square feet i area. 4. Novolatile marijuaa maufacturig must comply with all applicable state ad local laws. 5. Each property ower seekig a coditioal use permit for marijuaa maufacturig shall provide a eighborhood resposibility pla i order for the decisio-maker to make the requisite fidigs idetified i sectios.a.1 ad C.1.d. The eighborhood resposibility pla must address the adverse impacts of marijuaa maufacturig o the surroudig area. Compliace with the eighborhood resposibility pla shall be achieved through a agreemet with the city, coditios of approval o the use permit, or through other meas acceptable to the city. C. I the C-2 zoe, a marijuaa maufacturig site caot exceed 6,400 square feet i area. D. Notice to city coucil. As soo as reasoably practicable after the plaig ad desig commissio makes a decisio o a coditioal use permit required to establish marijuaa the plaig director shall report that decisio to the city coucil. E. Procedures for call-up review. The mayor or the coucilmember i whose district the project is located may call up for city coucil review ay decisio described i subsectio D by filig a writte request with the plaig director withi 10 days of the plaig ad desig commissio s decisio. If the teth day is o a o-busiess day, the last day to file the request is the ext busiess day. Oce the request is filed, the coucil shall otice ad set the matter for the hearig before it. Notice of the hearig shall be give i the maer provided i sectio A.2.a. The hearig before the city coucil shall be de ovo, meaig that the city coucil shall hear the matter i the same maer that the plaig ad desig commissio heard the matter. F. Withdrawal of request for review. The requester uder subsectio E may withdraw that request. The withdrawal shall be oted o the ext regularly scheduled meetig of the city coucil ad shall be cosidered to have occurred o that date. Ay other member of the city coucil shall have 10 days thereafter to file a request for call-up review. If the teth day is a o-busiess day, the last day to file the request is the ext busiess day. Noticig ad hearig of the matter shall be as set forth i subsectio E.

18 Title 17 Amedmet Relatig to Novolatile Maufacturig (M17-005) City of Sacrameto Zoes C-2, C-4, M-1/M-1S, M-2/M-2S, MIP, MRD, Schools, Parks March 9, 2017 þ } þ } 99 W Elkhor Blvd Natomas Blvd 99 Raley Blvd Bell Ave W El Camio Ave Garde Hw y N 12th X ( / Rd ille Jack so Rd Rd t Blvd Ave Blvd kto ville Freep or Flori Rd þ } 99 Rd Meadowview k Fra cket Rd Po Elder Creek Rd Ave 47th Fruitridge Rd c o ter 43rd Ave ks Blvd Oa 50 ay Sut ir Fa dw oa Br 5 80 J ve tt A Wa $ "! # Q Exposi tio Blvd 16th K N Seamas, + * ) 29th rg 3rd 5th I r ee t B Lad-Use Zoig C-2 -Geeral Commercial C-4 -Heavy Commercial M-1/M-1S -Idustrial M-2/M-2S -Heavy Idustrial MIP - Maufacturig-Idustrial Park MRD - Maufacturig, Research ad Developmet 160 Arde W ay Withi 600 Feet of a Private, Public, Charter School, or a Neighborhood or Commuity Park þ } Richard s Blvd th 12 21st School lle B lvd El Camio Ave Flori Perkis Rd River li Blv d Ce ter Pkwy Attachmet 4 1 Map Created: 2/23/17 Bruceville Rd 65th reet Expy Public Park S Watt Ave Major Road d Blv r u b Au Howe Ave ysvi Sa Mar Rd City Boudary d Jua R 80 59th l xe Tru $ "! # Norwood Ave Area Blvd Mai Ave Ro se v Etha Way 65th Del Paso Rd Northgate Blvd El Cetro Rd Sheldo Rd 2 Miles

19 Novolatile Maufacturig (M17-005) March 9, 2017 Attachmet 5 City of Sacrameto Zoes: MIP, MRD, Schools, Parks þ } þ } 99 W Elkhor Blvd Natomas Blvd 99 Raley Blvd Bell Ave El Camio Ave lle B lvd þ } 160 Richard s Blvd th 12 N 12th Exposi tio Blvd Lad-Use Zoig $ "! # ( / Rd Jack so t Blvd Ave Blvd Freep or Flori Rd þ } 99 Rd Meadowview k Fra cket Rd Po Elder Creek Rd Ave 47th Fruitridge Rd 43rd Ave Rd Flori Perkis Rd Rd kto ville c o ter ks Blvd Oa 50 ay Seamas ir Fa Sut 5 J ve tt A Wa X 80 dw oa Br MIP - Maufacturig-Idustrial Park MRD - Maufacturig, Research ad Developmet Q 16th K N, + * ) 29th rg 3rd 5th Withi 600 Feet of a Private, Public, Charter School, or a Neighborhood or Commuity Park 21st I r ee t B Arde W ay School ille ysvi El Camio Ave Garde Hw y River li Blv d Ce ter Pkwy Map Created: 2/23/17 Bruceville Rd Public Park 65th reet Expy Major Road S Watt Ave W d Blv r u b Au Howe Ave Mar Rd City Boudary Sa d Jua R 80 59th l xe Tru $ "! # Norwood Ave Area Blvd Mai Ave Ro se v Etha Way 65th Del Paso Rd Northgate Blvd El Cetro Rd Sheldo Rd 2 Miles