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

Staff is recommending:

1. City Council approval of a City initiated zoning text amendment (No. ZTA 21-01) amending the commercial cannabis regulations related distance requirements between non-retail cannabis operations and schools. 
   
   
2. Introduce and waive the first reading of Ordinance No. 846.

On January 7, 2021, the City Council voted to initiate a zoning text amendment to reduce the distance requirement from 1,800 feet to 930 feet from a school as prescribed by State law and future school site as identified in the general plan. The Council’s intent to reduce the distance was in a effort to increase the number of available properties within the City’s MBL zoned parcels that could be eligible for non-retail commercial cannabis development. 

Currently, section 9-5.128(d)(12) of the Coalinga Planning and Zoning Code states that Cannabis operations, except for store-front retail, shall comply with the distance separation requirements from schools as required by State law. Currently, a non-retail commercial cannabis operation, zoned in the MBL zoning designation, shall not be located within 1,800 feet from any existing school or proposed school site as identified in the General Plan. Measurements shall be from property boundary to property boundary. For purposes of this section, school means any public or private school providing instruction in kindergarten or grades 1—12, inclusive, but does not include any private school in which education is primarily conducted in private homes. 

California State Regulations state that a proposed non-retail cannabis premises shall not be within a 600-foot radius of the perimeter of a school providing instruction in kindergarten or any grades 1 through 12 unless another distance is established by the local jurisdiction.

On February 23, 2021 the Coalinga Planning Commission conducted a noticed public hearing and adopted Resolution No. 021P-002 recommending to the City Council approval of Ordinance No. 846. 

The proposed zoning text amendment will do the following:

• Amend Section 9-5.128(d)(12) reducing the distance from schools from 1,800 to 930 feet. 

A copy of the ordinance no. 846 is attached for the 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 was to implement state law as it relates to regulating commercial cannabis and cannabis products. The proposed changes in regulations to reduce the distance from schools would not be contrary to state law and in fact still more stringent than state law.  

The ordinance amendment will reduce the distance cannabis facilities may be from schools as defined in state law within the Manufacturing and Business Light (MBL) zoning designation. By reducing the distance requirement, it will open additional properties in town to accommodate non-retail cannabis operators such as manufacturers, cultivators, distributors, testing labs and microbusiness. With this change it would open additional property on Elm Ave south of Pacific Street where parcels are zoned MBL including a parcel at the corner of Thompson and Polk Street.

 All applications for cannabis operations at these new available locations will still be subject to the City's entitlement process and regulatory permitting process prior to authorized operational authority including the issuance of a conditional use permit in order to analyze, noise, odor, and traffic to ensure consistency with the planning and zoning regulations. This is especially critical since several of the properties in question are adjacent to residential zoning districts where certain transitional standards will need to be applied to ensure the protection of the health, safety and welfare of the surrounding properties.

Public Notification: On March 8, 2021 public hearing notices were mailed, posted and emailed to the local paper in accordance with local and state regulations.  

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 cannabis operation.

• Do not introduce and wave the first reading of ordinance no. 846. 

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.