Belmont Cannabis GP & ZOA Amendments
City Council Meeting
November 14, 2023
CANNABIS LEGALIZATION
• Since 1996, cannabis has been legalized in 39 States
• California passed Prop 64 - Control, Regulate and Tax Adult Use of Marijuana Act (“AUMA”) in November 2016
• Statewide - 56% of voters supported
• San Mateo County - 63% of voters supported
• City of Belmont - 64% of voters supported
• AUMA expressly preserves local control over the regulation of marijuana-related businesses and marijuana-related land uses • Research to date has shown no negative impacts on crime in communities where it has been permitted
2 SAN MATEO COUNTY CANNABIS LANDSCAPE
• Brisbane – Delivery-only retail, Manufacturing, Distribution, Testing
• Burlingame – Delivery-only retail
• Daly City – Storefront Retail, Testing
• Foster City - Testing
• Half Moon Bay - Cultivation
• Pacifica – Storefront Retail,Manufacturing, Testing
• Portola Valley – Cultivation
• Redwood City – Storefront Retail
• San Bruno – Storefront Retail
• San Carlos – Distribution, Testing, Manufacturing, Cultivation • South San Francisco – Delivery-only retail,Distribution, Manufacturing, Testing, Cultivation
3 EXAMPLES OF RETAIL CANNABIS STORES
4 BACKGROUND – BELMONT CANNABIS
• January 2021 – CC Considers Options For Diversifying Revenues • April 2021 – Review of Local Cannabis Policy Framework • November 2021 – Policy Options / Initial City Council Feedback • March 2022 – Zoning Requirements / App Process / License Caps • April 2022 – CC Review RE: Zoning Overlay District Mods/ CUP Performance Requirements & Development Standards
• June/July 2022 – PC & CC Review RE: Zoning Overlay District Mods/ CUP Performance Requirements & Development Standards; Council continues item pending further public outreach & analysis
• March 2023 – CC indicated interest at Strategic Planning/Initiatives Workshop to explore potential Cannabis use regulations within reason, and in appropriate locations in the City • July 2023 – CC provides direction to staff to explore General Plan & Zoning Ordinance Amendments for Commercial Cannabis Overlay Regulations for the south El Camino Real area of City (O’Neill Ave to San Carlos Border).
• October 2023 – PC reviews and recommends CC approval of proposed General Plan & Zoning Ordinance Amendments for Commercial Cannabis Overlay Regulations for the south El Camino Real area (3-2 vote). 5
CITYOF BELMONT
CoreValuesThat Were Considered
1 Public Safety
2 Public Health
3 Neighborhood
and Land Use
Protection
4 Access by
Youth
6 Belmont 2025 and Beyond
Long Range Plans
7 Long Range Plans
8 SUMMARY OF GENERAL PLAN & BZO MODIFICATIONS
1. Modifications to the narrative section of the 2035 General Plan Land Use Element related to El Camino Real; and adding policies to Goal 2.6 and Goal 2.17.
2. Modifications to BZO Section 3 to list the new combining district; Section 9 to define Cannabis Retail & Distribution as conditional uses in the subject overlay combining district; and, Section 10 (Planning Procedures) regarding Zoning Administrator (ZA) review authority of a Use Permit for the proposed uses.
3. Establishing S-3 Cannabis Retail & Distribution Overlay District in Section 21 (Combining Districts) to provide regulations for cannabis uses should properties be rezoned to the S-3 Overlay District. This potential overlay zoning area is located along both east & west side fronting properties on South El Camino Real (ECR) from O’Neill Avenue to the southern border (of San Carlos). The regulations include:
• Cannabis Retail & Distribution Definitions
• Zoning Administrator Review Authority
• Use Permit Requirements
• Development Regulations
• Performance Standards
9 DEVELOPMENT REGULATIONS – CANNABIS USES
Potential Cannabis Use Development Regulations:
1. The use may only be established and operate inside a completely enclosed building.
2. Cannabis facility is situated in the appropriate overlay zone that meets all of the following standards:
• at least 600 feet as measured by a right-of-through-travel from schools and other cannabis uses; and,
• At least 100 feet from operational childcare centers and parks
3. Cannabis facility must be suitably designed to be secure.
4. Public entrance shall not be located on a frontage immediately adjacent to other youthoriented uses. 10 PERFORMANCE STANDARDS – CANNABIS USES
11 Performance Standards associated with a Cannabis Use:
1. State Licensing. The use must fully comply with all applicable operational rules and regulations governing commercial cannabis activity in Business & Professions Code Division 10.
2. Hours of Operation. A use may be open and operate only between the hours of 9:00 a.m. and 9:00 p.m.
3. Consumption. Consumption of cannabis on the premise must not be allowed.
4. Smoking. Smoking or vaping of any kind on premises must not be allowed.
5. Odor. Cannabis odor must not be detectible outside the building from any place accessible to the public or from adjoining private property.
6. Public services. Operation of the business must not place a burden on the provision of public services disproportionate to other retail uses.
PERFORMANCE STANDARDS – CANNABIS USES – CONT.
12 Performance standards associated with CUP:
(7) Exterior Security Lighting. Adequate external lighting must be provided for security purposes. The lighting shall be sufficient to provide illumination and clear visibility to all outdoor areas, with minimal spillover on adjacent properties. The lighting must be stationary, directed away from adjacent properties and public rights-of-way, and compatible with the neighborhood. (8) Security. On-site security must be provided for Cannabis Retail/Distribution uses during the hours of operation when clients are present.
(9) Commercial Cannabis Permit. The use must fully comply with all applicable local permit rules and regulations governing commercial cannabis activity, including operational permit requirements and conditions and approved operational plans under any other city ordinance or code. (10) Regulation Conflicts. In the event of a conflict between the requirements of the use permit and the requirements of a local operations permit issued by the police department, the more restrictive performance requirements apply.
12 PUBLICSAFETY
CONSIDERATIONS/
POLICE REGULATORY
PERMIT
Monitor best practices of other cities
Proximity to youth-oriented uses
Background checks and vendor vetting
Operations and security measuresinside
and outside the facilities
Regulate appearance to avoid visual
blight on or around facilities
NONCOMPLIANT
COMPLIANT
13 CANNABIS REGULATORY FRAMEWORK
14 • Adoption of General Plan Update and Overlay Zone does not authorize cannabis uses, even within identified area
Creates the regulatory framework to allow for consideration • Proposed business would need to apply for discretionary action for the location to be rezoned to the S-3 Overlay
Requires a community meeting
Requires public hearings at both PC and CC
• CUP and Police Regulatory Permit also required
• Maximum of 2 retail cannabis storefronts and 1 distribution business allowed – not required to approve maximum number
PROPOSAL PROCESS
15 • Multiple retail cannabis operators have expressed interest to date • Staff will solicit proposals to “pre-qualify” up to 2 to apply for rezoning • Will evaluate business experience, security plan, suitability of the location, and community benefits proposed
• Process will include background check of operators
• Suggested Community Benefits include:
• Payment in-lieu of a cannabis business tax
• Commitment of contributions to City programs or services • Labor practices – living wage and/or local hire policies • Other economic benefits to the community
NEXT STEPS
16 1. Should the City Council approve the proposed General Plan & Zoning Ordinance Amendments, a 2nd Ordinance reading will be scheduled for the November 28th City Council meeting.
2. Concurrently, staff is also underway in preparing a Commercial Cannabis Police Regulatory Ordinance for future City Council consideration which will consider:
• General Administration
• Legal Authority
• Operating Requirements
• Enforcement
3. Prequalification proposal process planned for December – January 2024
ACTIONS REQUESTED OF THE CITY COUNCIL
17 1) Adopt a resolution amending the Land Use Element to the 2035 General Plan that would potentially allow for Commercial Cannabis Land Uses in the south El Camino Real area of the City 2) Introduce an ordinance establishing potential cannabis retail & distribution zoning regulations for properties should they rezone within the area along south El Camino Real from O’Neill Avenue to the San Carlos border.
3) Provide feedback on pre-qualification proposal process and priorities for community benefits
THANK YOU!
November 14, 2023 Belmont Cannabis Update 18