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

In May 2020, the City Council directed City Staff to proceed with a zoning text amendment to establish regulations for permitting outdoor cannabis cultivation. In order to accomplish this request the planning and zoning code must be amended through a zoning text amendment. 

The Zoning Map and the Zoning Ordinance text may be substantially amended in two (2) ways: (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.

The proposed zoning text amendment will establish regulations for the permitting of outdoor cannabis cultivation in the City with restrictions as to location, visibility and environmental considerations. 

On June 9, 2020, the Planning Commission conducted a Public Hearing and adopted Resolution 020P-007 recommending to the City Council approval of Ordinance No. 841. 

On June 18, 2020 the City Council approved the zoning text amendment and further introduced and waived the first reading of Ordinance No. 841. 

The proposed zoning text amendment will do the following:

1. Amend Section 9-5.128 and establish a definition for outdoor cultivation, identify permitted uses, create specific regulations for outdoor cultivation as to distance from residential uses, security, and processing of products.  

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 proposed changes in regulations to permit outdoor cultivation would not be contrary to state law. The State of California has established regulations for licensing outdoor cultivation operations. 

The ordinance amendment will permit outdoor cultivation in the Manufacturing and Business Light (MBL) zoning designation with a one (1) mile distance from residential zoning designations. This will help in limiting the over concentration of cannabis outdoor cultivation in the City and limit odor and visibility.

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. In addition, CEQA will be further reviewed during the permitting process as a Conditional Use Permit will be required for any outdoor cultivation operation.

Findings:

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.

• Do not waive the second reading and adopt Ordinance No. 841.