STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE AUTHORITY

The Zoning Map and the Zoning Ordinance text may be substantially amended in two (2) ways, in accord with the procedure prescribed in this article: (1) Reclassification of the zoning applicable to a specific property, designating a change from one district to another district, commonly called "rezoning", (2) Changes in the permitted uses or regulations on property within particular zones or citywide, commonly called "text amendments".

Article 1 of Chapter 5 of the coalinga planning and zoning code establishes local regulations applicable to commercial cannabis operations as may be permitted under the California Medicinal and Adult-Use Cannabis Regulation and Safety Act (SB 94), approved by the Governor on June 27, 2017 or subsequently enacted State law pertaining to the same.

Section 9-5.128(d)(18)(j) requires all commercial cultivation, manufacturing, testing, and distribution facilities to have twenty-four-hour (24) security patrols by a recognized security company licensed by the California Department of Consumer Affairs or otherwise acceptable to the Police Chief. The Police Chief desires to amend section 9-5.128(d)(18)(j) of the planning and zoning code to amend the requirement for 24-hour security patrols to patrols during business hours in an effort to reduce costs associated with operating a cannabis facility in the City of Coalinga.

On September 10, 2019 the City of Coalinga Planning Commission adopted Resolution No. 019P-009 recommending the City Council approve Ordinance No. 834 amending the commercial cannabis requirement of providing 24-hour security patrols to patrols only during business hours in an effort to reduce costs associated with operating a cannabis facility in the City of Coalinga.

The Police Chief has identified that there is no significant need for the additional security after business hours as the Police Department has full access to the security camera feeds in and around the cannabis facilities and if an alarm is received by dispatch they will have the ability to pull up the camera’s and see what is happening and respond accordingly. In addition to security cameras and accessibility, cannabis facilities have had very limited calls for service during the course of their operations and balancing the cost effectiveness and impact on security the Police Chief is comfortable amending the requirement from 24-hours to during business hours. The State of California does not require 24-hour security patrol at licensed cannabis facilities within its regulations and statutes. 

A copy of Ordinance No. 834 is attached for the City Council's review and consideration. 

General Plan/Zoning Consistency: The proposed zoning text amendment is consistent with the general plan policies and implementation measures including zoning consistency for commercial cannabis operations. The intent of the Coalinga Commercial Cannabis regulations were to implement state law as it relates to regulating commercial cannabis and cannabis products. The change in the security regulations would not be contrary to state law.  

Public Notification: On September 26, 2019 public hearing notices were posted at multiple public locations and emailed to local paper. 

Environmental Determination: This text amendment has been reviewed in accordance with CEQA and staff has determined that this ordinance change would not have a detrimental effect on the health, safety and welfare of the community and fall under Section 15061(b)(3) - General Rule Exemption. 

The following standard findings must be made for each Zoning Ordinance amendment:

1. The proposed Zoning Ordinance amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
2. The proposed Zoning Ordinance amendment is consistent and compatible with the goals, policies, and actions of the General Plan, and the other applicable provisions of the Zoning Ordinance.
3. If applicable, the site is physically suitable (including, but not limited to access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested zoning designations and anticipated land uses/developments.
4. The proposed Zoning Ordinance amendment has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act.