6 (f) The custodian of records for the MND, Mitigation Monitoring and Reporting Program, and all other materials that constitute the record of proceedings upon which the City Council’s decision was based, including, without limitation, the staff report, all of the materials that comprise and support the MND and all of the materials that support the staff reports, is the City Clerk of the City of Covina. Those documents are available for public examination during normal business hours at the Office of the City Clerk, City of Covina, 125 E. College Street, Covina, California 91723.
Section 5. A new Chapter 5.80 (Cannabis Business Permit) is hereby added to Title 5 (Business Licenses and Regulations) of the Covina Municipal Code to read as follows:
“Chapter 5.80 Cannabis Business Permit
Sections:
5.80.010 Purpose and Intent.
5.80.020 Legal Authority.
5.80.030 Commercial Cannabis Activities Prohibited Unless Specifically Authorized by this Chapter.
5.80.040 Compliance with State and Local Laws and Regulations.
5.80.050 Definitions.
5.80.060 Evidence of Cannabis Owners and/or Employees Background Check Required.
5.80.070 Persons Prohibited from Holding a Permit or from Employment with a Cannabis Business.
5.80.080 Maximum Number of Authorized Cannabis Businesses Permitted.
5.80.090 City’s Reservation of Rights.
5.80.100 Procedure Guidelines and Review Criteria to Evaluate Cannabis Business Applications.
5.80.110 Application Process.
5.80.120 Issuance of Cannabis Business Permit.
5.80.130 Scope of Approval.
5.80.140 Reapplying for a Cannabis Business Permit.
5.80.150 Renewal of a Cannabis Business Permit.
5.80.160 Suspension or Revocation of a Cannabis Business Permit.
5.80.170 Effect of State License Suspension or Revocation.
5.80.180 Appeals.
5.80.190 Cannabis Business Permit - Non-transferable.
5.80.200 Right to Occupy and Use Property.
5.80.210 Records and Record Keeping.
5.80.010 Purpose and Intent.
It is the purpose and intent of this Chapter to implement the provisions of the Medicinal and Adult Use Cannabis Regulation and Safety Act (“MAUCRSA”) to accommodate the needs of medically-ill persons in need of cannabis for medicinal purposes as recommended by their health care provider(s), and to provide access to same. It is also the purpose and intent of this Chapter to provide access to adult-use cannabis for persons aged 21 and over as authorized by the MAUCRSA, while imposing sensible regulations on the use of land to protect the City’s residents, neighborhoods, and businesses from disproportionately negative impacts. It is the purpose and intent of this Chapter to regulate cannabis retailers and cannabis microbusinesses in a
7 responsible manner to protect the health, safety, and welfare of the residents of the City and to enforce rules and regulations consistent with state law. 580.020 Legal Authority.
This Chapter is adopted pursuant to the authority granted to the City by Sections 5 and 7 of Article XI of the California Constitution, and the provisions of the MAUCRSA.
5.80.030 Commercial Cannabis Activities Prohibited Unless Specifically Authorized by this Chapter.
Except as specifically authorized by this Chapter, all commercial cannabis activity is expressly prohibited in the City. Only cannabis retailers and cannabis microbusinesses that comply with the provisions of this Chapter and Chapter 17.84 are authorized to operate in the City.
5.80.040 Compliance with State and Local Laws and Regulations.
It is the responsibility of the owners and/or operators of any cannabis business within the City limits to ensure that they operate in a manner compliant with this Chapter, all applicable state and local laws, and any regulations promulgated thereunder, including but not limited to the MAUCRSA.
5.80.050 Definitions.
For purposes of this chapter, the following definitions shall apply. All definitions pertaining to cannabis regulation that appear in Business and Professions Code Section 26001, as codified by the MAUCRSA, are hereby incorporated by reference. Any California Code sections set forth below shall include any amendments that are made to those sections. “Applicant” means a person or entity that submits an application for a cannabis business permit under this Chapter.
“Cannabis” has the same meaning as in Section 26001 of the Business and Professions Code. “Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this chapter, “cannabis” does not mean “industrial hemp” as defined by Section 11018.5 of the Health and Safety Code.
“Cannabis business” means a cannabis retailer or cannabis microbusiness. “Cannabis business permit” or “permit” means a permit issued by the City pursuant to this Chapter, to a cannabis business that must be obtained before any commercial cannabis activity may be conducted in the City.
8 “Cannabis microbusiness” has the same meaning as in Section 26001 of the Business and Professions Code. “Cannabis microbusiness” means a commercial cannabis business comprised of at least three out of the following four uses on the same premises: (1) a cannabis retailer, (2) a manufacturer, (3) a cultivation site with canopy space of less than 10,000 square feet, and (4) a cannabis distributor. To qualify as a cannabis microbusiness, the cannabis business must engage in a minimum of three out of the four above referenced uses. “Cannabis products” has the same meaning as in Section 11018.1 of the Health and Safety Code. “Cannabis products” means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.
“Cannabis retailer” has the same meaning as in Section 26001 of the California Business and Professions Code and shall mean any establishment which engages in the retail sale of cannabis for medicinal or adult-use purposes consistent with the MAUCRSA. “Commercial cannabis activity” has the same meaning as in Section 26001 of the Business and Professions Code. “Commercial cannabis activity” includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis and cannabis products. “Cultivation” has the same meaning as in Section 26001 of the Business and Professions Code. “Cultivation” means any activity involving the planting, growing, harvesting, or trimming of cannabis.
“Cultivation site” means a location where commercial cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or a location where any combination of those activities occurs.
“Delivery” has the same meaning as in Section 26001 of the Business and Professions Code. “Delivery” means the commercial transfer of cannabis or cannabis products to a customer. “Director” means the Director of Community Development. “Distribution” has the same meaning as in Section 26001 of the Business and Professions Code. “Distribution” means the procurement, sale, and transport of cannabis and cannabis products between licensees.
“Distributor” has the same meaning as in Section 26001 of the Business and Professions Code. “Distributor” means a cannabis business that is authorized to engage in the distribution of cannabis and cannabis products.
“Licensee” has the same meaning as in Section 26001 of the Business and Professions Code. “Licensee” also means any person holding a license to engage in commercial cannabis activity issued by the Department of Cannabis Control.
“Manufacture” has the same meaning as in Section 26001 of the Business and Professions Code. “Manufacture” means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.
9 “Manufacture area” is the area of the cannabis business site where cannabis or cannabis products are manufactured.
“Manufacturer” has the same meaning as in Section 26001 of the Business and Professions Code. “Manufacturer” means a licensee that conducts the production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container. “Manufacturing site” means a cannabis business that produces, prepares, propagates, or compounds cannabis or cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis.
“Owner” means any of the following: a person with an aggregate ownership interest of 20 percent or more in the cannabis business, unless the interest is solely a security, lien or encumbrance; or an individual who manages, directs, or controls the operations of the commercial cannabis business, including but not limited to:
(1) A member of the board of directors of a nonprofit.
(2) A general partner of a cannabis business that is organized as a partnership. (3) A non-member manager or manager of a cannabis business that is organized as a limited liability company.
(4) The trustee(s) and all persons who have control of the trust and/or the cannabis business that is held in trust.
(5) An individual with the authority to provide strategic direction and oversight for the overall operations of the commercial cannabis business, such as the chief executive officer, president or their equivalent, or an officer, director, vice president, general manager or their equivalent.
(6) An individual with the authority to execute contracts on behalf of the cannabis business.
(7) When an entity is an owner in a cannabis business, all entities and individuals with a financial interest in the entity shall be disclosed to the City and may be considered owners of the cannabis business. For example, this includes all entities in a multi-layer business structure, as well as the chief executive officer, members of the board of directors, partners, trustees and all persons who have control of a trust and managing members or non-member managers of the entity.
Each entity disclosed as having a financial interest must disclose the identities of persons holding financial interests until only individuals remain. “Permittee” means a person or entity that has received a cannabis business permit from the City as authorized under this Chapter.
10 “Person” shall mean any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit.
“Secured area” is all cultivation areas, manufacture areas and storage areas, and includes areas where cannabis or cannabis products are loaded onto vehicles or other conveyances for delivery or transportation.
“State license” means any license required by the State of California for the operation of a cannabis business, including but not limited to licenses issued under Division 10 of the Business & Professions Code.
“Storage area” is any area where cannabis or cannabis products are stored.
5.80.060 Evidence of Cannabis Owners and/or Employees Background Check Required.
A. Any person who is an owner, employee or who otherwise works for a cannabis business must be legally authorized to do so under applicable state law.
B. Cannabis business owners, operators, investors, managers, and employees shall be required to submit to a criminal background check for themselves and all persons in their employment.
C. The City shall conduct criminal background checks which must at a minimum identify the following:
(1) Whether the individual applying for employment has ever been convicted of a violent felony as defined by California Penal Code 667.5 or equivalent offenses in other states;
(2) Whether the owner or employee has ever been convicted of a felony for hiring, employing, or using a minor in transporting, carrying, selling, giving away, preparing for sale, or peddling, any controlled substance to a minor; or selling, offering to sell, furnishing, offering to furnish, administering, or giving any controlled substance to a minor; or
(3) Whether the owner or employee has ever been convicted of a felony for drug trafficking with enhancements pursuant to Section 11370.4 or 11379.8 of the Health and Safety Code.
D. Evidence of a conviction of any the offenses enumerated above shall be grounds for denial of employment or denial of a cannabis business permit.
E. After the issuance of a cannabis business permit, if any owner or employee is found to violate subsection C above, this shall be grounds for suspension or revocation of the cannabis business permit pursuant to the procedures set forth in Section 5.80.160.
11 5.80.070 Persons Prohibited from Holding a Permit or from Employment with a Cannabis Business.
A. A person shall not be eligible to obtain a cannabis business permit from the City or be employed by a cannabis business in the City if any of the following apply:
(1) A criminal background check demonstrates the applicant or employee has committed any of the crimes identified in Section 5.80.060(C). (2) The applicant has been denied a State cannabis license or permit, or has had a cannabis license or permit suspended or revoked by any city, county, city and county or any other state cannabis licensing authority, except if a license or permit was denied due to the fact that a limited number of licenses or permits were issued by a local jurisdiction, or the denial was based on cannabis related criminal offenses that are no longer criminal offenses under California State law; (3) In the past five years, the applicant was notified by the state, county, or city that it was conducting commercial cannabis activity in violation of City ordinances, codes, and requirements, and failed to cure the violation in a timely manner; (4) Evidence that the applicant is delinquent in payment of federal, state, or local taxes and/or fees, and took no steps to cure the delinquency when notified by the appropriate agencies;
(5) The applicant, or any of its officers, directors, owners, managers, or employees is under twenty-one (21) years of age;
(6) The applicant, or any of its officers, directors, or owners, or any person who is managing or is otherwise responsible for the activities of the cannabis business, or any employee who participates in the dispensing, cultivation, processing, manufacturing, delivery, or transporting cannabis or cannabis products or who participates in the daily operations of the cannabis business, has been convicted of a violent felony, a felony or misdemeanor involving fraud, deceit, embezzlement, or moral turpitude; or
(7) The applicant did not pay to the City the required application and processing fees.
5.80.080 Maximum Number of Authorized Cannabis Businesses Permitted.
Only one cannabis business per every 15,000 residents shall be permitted to operate in the City, with every fraction thereof rounded down.
5.80.090 City’s Reservation of Rights.
The City reserves the right to reject any or all applications for a cannabis business permit. Prior to such permit issuance, the City may modify, postpone, or cancel any request for applications, at any time without liability, obligation, or commitment to any party, firm, or organization, to the extent permitted under California law. Persons submitting applications assume the risk that all or any part of the cannabis program, or any permit potentially authorized under this Chapter, may be cancelled at any time prior to permit issuance. The City further reserves the right to
12 request and obtain additional information from any candidate submitting an application. An application may be rejected for any of the following reasons:
A. The application was received after the designated time and date of the deadline.
B. The application did not contain the required elements, exhibits, or was not organized in the required format.
C. The application did not provide all the information required in the permit application (i.e., was substantially incomplete).
D. The applicant did not comply with the requirements of this Chapter.
5.80.100 Procedure Guidelines and Review Criteria to Evaluate Cannabis Business Applications.
A. By resolution, the City Council shall adopt Procedure Guidelines and Review Criteria for the City’s evaluation of cannabis business permit applications.
B. The Procedure Guidelines shall provide the process for soliciting applications including time frames, limitations, requirements, forms, and rules for completing applications.
C. The Review Criteria shall include detailed objective review criteria to be evaluated on a point system or equivalent quantitative evaluation scale tied to particular sets of criteria.
D. The scoring on Review Criteria shall be used to determine which candidates will be eligible to participate in the interview or other selection process as determined by City Council resolution.
E. The City Manager shall be authorized to prepare any necessary forms and adopt any necessary rules or procedures to implement the Procedure Guidelines and Review Criteria.
F. At the time of filing, each applicant shall pay an application fee established by resolution of the City Council to cover all costs incurred by the City in the application process.
G. For applicants with 10 or more employees, the applicant shall attest that the applicant will enter into a labor peace agreement, as defined in Business and Professions Code section 26001(aa), and will abide by the terms of the agreement, and the applicant shall provide a copy thereof to the City. For applicants that have not yet entered into a labor peace agreement, the applicant shall provide a notarized statement indicating that within 30-days of issuance of a cannabis permit from the City, the applicant will enter into and abide by the labor peace agreement.
5.80.110 Application Process.
A. The City Council shall establish a pre-application process, whereby proposed applicants shall be pre-screened to determine if they are eligible to apply for a cannabis business permit.
The pre-screening shall be comprised of conducting a background check of all owners and managers of the cannabis business, and a zoning clearance to ensure that the proposed location of the cannabis business complies with the Section 17.84.030(D) and 17.84.070(C) of the
13 Municipal Code. Those businesses that are determined eligible in the pre-screening process will have the opportunity to apply for a cannabis business permit.
B. Application for a cannabis business permit will be reviewed per the Procedure Guidelines and Review Criteria adopted by Resolution by the City Council.
C. The Community Development Director, or his or her designee, shall verify whether a proposed business location is properly zoned to allow a cannabis business to operate at the location.
D. Only approved applications meeting guidelines set by City Council resolution will be eligible to participate in the final selection process which includes applying for a conditional use permit.
E. Applications shall be vetted by the City Manager and a team of his/her choice consistent with Review Criteria established by City Council Resolution. At the conclusion of the vetting process, the City Manager shall prepare a report for consideration by the City Council.
F. The City Council shall select the final candidates that may submit an application for a conditional use permit to operate a cannabis business in the City.
G. The City Manager shall not issue a cannabis business permit to a cannabis business until the applicant has obtained a conditional use permit, entered into a Development Agreement with the City, and had a security plan approved and the cannabis business site inspected by the Chief of Police.
5.80.120 Issuance of a Cannabis Business Permit.
A. A cannabis business permit issued pursuant to this Chapter shall expire twelve (12) months after the date of issuance. The date of issuance shall be the date that the City Manager and/or Chief of Police has inspected the cannabis business site and determined the cannabis business complies with the security requirements set forth in Section 17.84.080. A cannabis business permit may be renewed as provided in Section 5.80.150.
B. A cannabis business permit shall be exercised by the cannabis business within six (6) months of issuance. Exercised shall be when the permitted use commences on the site.
5.80.130 Scope of Approval.
A. If a location has not been in regular and continuous operation in the preceding four (4) months, it shall be considered abandoned unless mitigating circumstances occur which were beyond the control of the permittee and an extension has be authorized by the City Manager.
B. The approval of a new use shall terminate all rights and approvals of a cannabis business occupying the same site or location.
14 5.80.140 Reapplying for a Cannabis Business Permit.
If an application is denied due to a disqualifying factor such as failing a background check or not complying with any state or local jurisdictions regulatory requirements in which legal or administrative action has been taken, a new application may not be filed by the applicant for one (1) year from the date of the denial. This section shall not apply to an applicant not being awarded a permit resulting from a limited number of permits being issued by the City.
5.80.150 Renewal of a Cannabis Business Permit.
A. An application for renewal of a cannabis business permit shall be filed with the City Manager at least sixty (60) calendar days prior to the expiration date of the current permit.
B. The renewal application shall contain all the information required for new applications, or as otherwise required by the City Manager.
C. The applicant shall pay a fee in an amount to be set by the City Council to cover the costs of processing the renewal permit application, together with any costs incurred by the City to administer the program created under this Chapter.
D. An application for renewal of a permit may be rejected if any of the following exists:
(1) The application is filed less than sixty (60) days before its expiration or a shorter time period which shall be at the discretion of the City Manager. (2) The permit is suspended or revoked at the time of the application. (3) The permittee has not been in regular and continuous operation in the four (4) months prior to the renewal application or the approved extension of the deadline from the City Manager.
(4) The permittee has failed to comply with the requirements of the permit, this Chapter, any regulations adopted pursuant to this Chapter, any conditions of approvals for the permit, or any conditions of approval for land use approvals in connection with the permit.
(5) The permittee fails or is unable to renew its State of California license. (6) If the State has determined, based on substantial evidence, that the permittee or applicant is in violation of the requirements of the state rules and regulations and the state has determined that the violation is grounds for termination or revocation of the cannabis regulatory permit.
E. The City Manager is authorized to make all decisions concerning the issuance of a renewal permit. In making the decision, the City Manager is authorized to impose additional conditions to a renewal permit, if it is determined to be necessary to ensure compliance with State or local laws and regulations or to preserve the public health, safety, or welfare. Appeals from the decision of the City Manager shall be handled pursuant to this Chapter.
F. If a renewal application is denied, a person may file a new application pursuant to this Chapter not sooner than one (1) year from the date of the denial.
15 5.80.160 Suspension or Revocation of a Cannabis Business Permit.
A cannabis business permit may be suspended or revoked by the City Manager for any violation of any state or local laws, this Municipal Code, rules, standards, policies, procedures, regulations, or conditions of approval related to cannabis in this Chapter or adopted pursuant to this Chapter, and any violation of any conditions of approval of a land use entitlement issued to the cannabis business.
5.80.170 Effect of State License Suspension or Revocation.
A. Suspension of a license issued by the State of California, or by any of its departments or divisions, shall immediately suspend the ability of a cannabis business to operate within the City until the State of California or its respective department or division reinstates or reissues the State license.
B. Revocation of a license issued by the State of California, or by any of its departments or divisions, shall immediately suspend the ability of a cannabis business to operate within the City until the State or its respective department or division takes appropriate action. Should the State revoke a license, the cannabis business owner may re-apply for a local permit at such time as it can demonstrate that the grounds for revocation of the license by the State no longer exist or that the underlying deficiency has otherwise been cured.
5.80.180 Appeals.
A. Appeals of the City Manager’s decision regarding any of the following shall be appealable to the City Council: (1) denial of advancement to submit a cannabis business permit application; (2) revocation or suspension of a permit; (3) denial of renewal of an application for a permit; or (4) additions of conditions to a permit. Any decisions of the City Council pursuant to this Chapter are final and conclusive.
B. Within ten (10) calendar days after the date of a decision of the City Manager to revoke, suspend or deny an initial or renewed permit application or to add conditions to a permit, an applicant or permittee may appeal such action by filing a written appeal with the City Clerk setting forth the reasons why the decision was not proper.
C. The Notice of Appeal shall be in writing and signed by the person making the appeal (“appellant”), or their legal representative, and shall contain the following:
(1) Name, address, and telephone number of the appellant. (2) Specify decisions, actions, or a particular part thereof, made that are the subject of the appeal.
(3) Include a true and correct copy of the notice issued by the City Manager for which the appellant is appealing.
(4) State with specificity the reasons and grounds for making the appeal, including, but not limited to, a statement of facts upon which the appeal is based in sufficient detail to enable the City Council to understand the nature of the controversy, the basis of the appeal, and the relief requested.
16 (5) All documents or other evidence pertinent to the appeal that the appellant requests the City Council to consider at the hearing.
(6) An appeal fee as established by resolution of the City Council.
D. Upon receipt by the City Clerk of a timely-filed notice of appeal, the City Clerk shall forward such appeal to the City Council, and shall schedule a hearing within thirty (30) days, or as soon thereafter as is available, and shall notify the appellant of the date, time and location of the haring.
E. The City Council shall hear and consider the testimony of the appellant, the City Manager, and/or their witnesses, as well as any documentary evidence properly submitted for consideration. The following rules shall apply at the appeal hearing:
(1) Appeal hearings are informal, and formal rules of evidence and discovery do not apply. However, rules of privilege shall be applicable to the extent they are permitted by law, and irrelevant, collateral, undue, and repetitious testimony may be excluded.
(2) The City Manager bears the burden of proof to establish the grounds for the nonrenewal, suspension or revocation of a permit by a preponderance of evidence.
Appellant bears the burden of proof regarding why they should have been allowed to apply for a cannabis business permit.
(3) The issuance of the City Manager’s notice constitutes prima facie evidence of grounds for the denial, nonrenewal, suspension or revocation. (4) The City Council may accept and consider late evidence not submitted initially with the notice of appeal upon a showing of good cause. The City Council shall determine whether a particular fact or set of facts amount to good cause on a caseby-case basis. (5) The appellant may bring a language interpreter to the hearing at their sole expense.
(6) The City may, at its discretion, record the hearing by stenographer or court reporter, audio recording, or video recording. If the appellant requests from the City that a court reporter, stenographer, or videographer be used, appellant shall bear the costs of same and shall deposit such fees prior to commencement of the administrative hearing.
(7) If the appellant, or their legal representative, fails to appear at the appeal hearing, the City Council, may cancel the appeal hearing and send a notice thereof to the appellant by certified, first class mail to the address(es) stated on the notice of appeal. A cancellation of a hearing due to non-appearance of the appellant shall constitute the appellant’s waiver of the right to appeal and a failure to exhaust all administrative remedies. In such instances, the City Manager’s notice of decision is final and binding.
17 F. Following the conclusion of the City Council hearing, the City Council shall issue a written decision within thirty (30) days that determines if the action appealed from is affirmed or overturned and specifies the reasons for the decision. The written decision shall provide that it is final and conclusive and is subject to the time limits set forth in California Code of Civil Procedure Section 1094.6 for judicial review. A copy of the written decision shall be served by certified, first class mail on the appellant. Failure of a person to receive a properly addressed final decision shall not invalidate any action or proceeding by the City pursuant to this Chapter.
G. Failure of the City Clerk to receive a timely appeal constitutes a waiver of the right to appeal the notice issued by the City Manager. In this event, the City Manager’s notice of decision shall be final.
H. In the event a written notice of appeal is timely filed, the nonrenewal, suspension, or revocation of a permit shall not become effective until a final decision has been rendered and issued by the City Council or appointed hearing officer. Notices of appeal not served in a timely manner or served by non-operational business shall not serve to allow such business to operate pending appeal.
I. If no appeal is timely filed in the event of a decision of nonrenewal, the cannabis businesses permit shall expire at the conclusion of the term of the permit. If no appeal is timely filed in the event of a decision supporting suspension or revocation, the suspension or revocation shall become effective upon the expiration of the period for filing a written notice of appeal.
5.80.190 Cannabis Business Permit - Non-transferrable.
A. A cannabis business permit shall not be transferred.
B. Any attempt to transfer a cannabis business permit either directly or indirectly in violation of this section is hereby declared a violation of the permit and this chapter. Such a purported transfer shall be deemed a ground for revocation of the permit.
5.80.200 Right to Occupy and to Use Property.
Prior to the City’s issuance of a cannabis business permit pursuant to this Chapter, any person intending to open and to operate a cannabis business shall first provide sufficient evidence of the legal right to occupy and to use the proposed location. If the proposed location will be leased from the property owner, the applicant shall be required to provide a signed and notarized statement from the owner of the property, acknowledging that the property owner has read this Chapter and consents to the operation of the cannabis business on the owner’s property.
5.80.210 Records and Record Keeping.
A. Each owner and operator of a cannabis business shall maintain accurate books and records in an electronic format, detailing all of the revenues and expenses of the business, and all of its assets and liabilities. On no less than an annual basis (at or before the time of the renewal of a permit issued pursuant to this Chapter), or at any time upon reasonable request of the City, each cannabis business shall file a sworn statement detailing the number and amount of sales by the cannabis business during the previous twelve-month period (or shorter period based upon the timing of the request), provided on a per-month basis. The statement shall also include gross sales for each month, and all applicable taxes and fees paid or due to be paid. On
18 an annual basis, each owner and operator shall submit to the City a financial audit of the business’s operations conducted by an independent certified public accountant. Each permittee shall be subject to a regulatory compliance review and a gross receipts financial audit, where applicable, as determined by the City.
B. Each owner and operator of a cannabis business shall maintain a current register of the names and the contact information (including the name, address, and telephone number) of anyone owning or holding an interest in the cannabis business, and separately of all the officers, managers, employees, agents, and volunteers currently employed or otherwise engaged by the cannabis business. The register required by this paragraph shall be provided to the City Manager upon a reasonable request.
C. All cannabis businesses shall maintain an inventory control and reporting system that accurately documents the present location, amounts, and descriptions of all cannabis and cannabis products for all stages of the growing and production or manufacturing, laboratory testing processes until purchase as set forth in the MAUCRSA.” Section 6. Chapter 17.84 (Cannabis Prohibitions and Regulations) of Title 17 (Zoning) of the Covina Municipal Code is hereby amended in its entirety to read as follows:
“Chapter 17.84 Cannabis Prohibitions and Regulations
Sections:
17.84.010 Purpose.
17.84.020 Definitions.
17.84.030 Conditionally permitted uses and prohibitions.
17.84.040 Permits and approvals required.
17.84.050 Compliance with State and Local Laws and Regulations.
17.84.060 Procedures and Findings for Approval of Conditional Use Permit.
17.84.070 Development Standards.
17.84.080 Security.
17.84.090 Additional Performance Standards.
17.84.100 Promulgation of Regulations, Standards and Other Legal Duties.
17.84.110 Limitations on City’s Liability.
17.84.120 Indoor Cultivation for Personal Use.
17.84.130 Exceptions.
17.84.140 Violations and Penalties.
17.84.150 Public Nuisance Prohibited.
17.84.010 Purpose.
It is the purpose and intent of this Chapter to implement the provisions of the Medicinal and Adult Use Cannabis Regulation and Safety Act (“MAUCRSA”) to accommodate the needs of medically-ill persons in need of cannabis for medicinal purposes as recommended by their health care provider(s), and to provide access to same. It is also the purpose and intent of this Chapter to provide access to adult-use cannabis for persons aged 21 and over as authorized by the MAUCRSA, while imposing sensible regulations on the use of land to protect the City’s residents, neighborhoods, and businesses from disproportionately negative impacts. It is the purpose and intent of this Chapter to regulate cannabis microbusinesses in a responsible manner to protect
19 the health, safety, and welfare of the residents of the City and to enforce rules and regulations consistent with state law.
17.84.020 Definitions.
For purposes of this chapter, the following definitions shall apply. All definitions pertaining to cannabis regulation that appear in Business and Professions Code Section 26001, as codified by the MAUCRSA, are hereby incorporated by reference. Any California Code sections set forth below shall include any amendments that are made to those sections. “Applicant” means a person or entity that submits an application for a conditional use permit under this Chapter.
“Cannabis” has the same meaning as in Section 26001 of the Business and Professions Code. “Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this chapter, “cannabis” does not mean “industrial hemp” as defined by Section 11018.5 of the Health and Safety Code. “Cannabis business” means a cannabis microbusiness.
“Cannabis business permit” means a permit issued by the City pursuant to Chapter 5.80, to a cannabis business that must be obtained before any commercial cannabis activity may be conducted in the City.
“Cannabis microbusiness” has the same meaning as in Section 26001 of the Business and Professions Code. “Cannabis microbusiness” means a commercial cannabis business comprised of at least three out of the following four uses on the same premises: (1) a cannabis retailer, (2) a manufacturer, (3) a cultivation site with canopy space of less than 10,000 square feet, and (4) a cannabis distributor. To qualify as a cannabis microbusiness, the cannabis business must engage in a minimum of three out of the four above referenced uses. “Cannabis products” has the same meaning as in Section 11018.1 of the Health and Safety Code. “Cannabis products” means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.
“Cannabis retailer” has the same meaning as in Section 26001 of the California Business and Professions Code and shall mean any establishment which engages in the retail sale of cannabis for medical or adult-use purposes consistent with the Medicinal and Adult-Use Cannabis Regulation and Safety Act.
20 “Canopy space” means all areas occupied by any portion of a cannabis plant whether contiguous or noncontiguous on any one site. When cannabis plants occupy multiple horizontal planes (as when plants are placed on shelving above other plants) each plane shall be counted towards the total canopy space.
“Conditional use permit” or “permit means a permit issued pursuant to Covina Municipal Code Chapter 17.62.
“Commercial cannabis activity” has the same meaning as in Section 26001 of the Business and Professions Code. “Commercial cannabis activity” includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis and cannabis products. “Cultivation” has the same meaning as in Section 26001 of the Business and Professions Code. “Cultivation” means any activity involving the planting, growing, harvesting, or trimming of cannabis.
“Cultivation site” means a location where commercial cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or a location where any combination of those activities occurs. “Day Care Center” has the same meaning as in Section 26001 of the Business and Professions Code. “Day care center” means a child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, and school age child care centers, and child care centers licensed pursuant to Section 1596.951 of the Health and Safety Code.
“Delivery” has the same meaning as in Section 26001 of the Business and Professions Code. “Delivery” means the commercial transfer of cannabis or cannabis products to a customer. “Director” means the Director of Community Development. “Distribution” has the same meaning as in Section 26001 of the Business and Professions Code. “Distribution” means the procurement, sale, and transport of cannabis and cannabis products between licensees.
“Distributor” has the same meaning as in Section 26001 of the Business and Professions Code. “Distributor” means a cannabis business that is authorized to engage in the distribution of cannabis and cannabis products.
“Fully enclosed and secure structure” means a space within a building, greenhouse or other structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one or more lockable doors and inaccessible to minors. The fully enclosed and secure structure must have valid electrical, plumbing, and building permits, if required by other provisions of this code. “Indoor commercial cultivation” means the commercial cultivation of cannabis by a cannabis business that occurs within a completely enclosed building that is not a greenhouse of other similar agricultural structure.
21 “Indoors” means within a fully enclosed and secure structure. The term “indoors” shall only apply to the cultivation of cannabis for personal use.
“Licensee” has the same meaning as in Section 26001 of the Business and Professions Code. “Licensee” also means any person holding a license to engage in commercial cannabis activity issued by the Department of Cannabis Control.
“Manufacture” has the same meaning as in Section 26001 of the Business and Professions Code. “Manufacture” means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.
“Manufacture area” is the area of the cannabis business site where cannabis or cannabis products are manufactured.
“Manufacturer” has the same meaning as in Section 26001 of the Business and Professions Code. “Manufacturer” means a licensee that conducts the production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container.
“Manufacturing site” means a cannabis business that produces, prepares, propagates, or compounds cannabis or cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis.
“Outdoor commercial cultivation” means the cultivation of cannabis by a cannabis business that occurs outdoors or within a greenhouse or other similar agricultural structure, and includes “mixed-light cultivation” and “outdoor cultivation”.
“Outdoors” means any location that is not within a fully enclosed and secure structure. “Owner” means any of the following: a person with an aggregate ownership interest of 20 percent or more in the cannabis business, unless the interest is solely a security, lien or encumbrance; or an individual who manages, directs, or controls the operations of the commercial cannabis business, including but not limited to:
(1) A member of the board of directors of a nonprofit.
(2) A general partner of a commercial cannabis business that is organized as a partnership.
(3) A non-member manager or manager of a commercial cannabis business that is organized as a limited liability company.
(4) The trustee(s) and all persons who have control of the trust and/or the commercial cannabis business that is held in trust.
(5) An individual with the authority to provide strategic direction and oversight for the overall operations of the commercial cannabis business, such as the chief
22 executive officer, president or their equivalent, or an officer, director, vice president, general manager or their equivalent.
(6) An individual with the authority to execute contracts on behalf of the commercial cannabis business.
(7) When an entity is an owner in a commercial cannabis business, all entities and individuals with a financial interest in the entity shall be disclosed to the City and may be considered owners of the commercial cannabis business. For example, this includes all entities in a multi-layer business structure, as well as the chief executive officer, members of the board of directors, partners, trustees and all persons who have control of a trust and managing members or non-member managers of the entity. Each entity disclosed as having a financial interest must disclose the identities of persons holding financial interests until only individuals remain.
“Person” shall mean any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit.
“Possession” means to have, own, control, or possess.
“Private residence” means a house, an apartment unit, a mobile home, or other similar dwelling that is lawfully permitted to be used as a residence.
“Secured area” is all cultivation areas, manufacture areas and storage areas, and includes areas where cannabis or cannabis products are loaded onto vehicles or other conveyances for delivery or transportation.
“State license” means any license required by the State of California for the operation of a cannabis business, including but not limited to licenses issued under Division 10 of the Business & Professions Code.
“Storage area” is any area where cannabis or cannabis products are stored. “Youth center” means any:
(1) Public or private facility that is primarily used to host recreation or social activities for minors, including, but not limited to:
(a) Private youth membership organizations or clubs,
(b) Social service teenage club facilities,
(c) Video arcades where 10 or more video games or game machines or devices are operated, and where minors are legally permitted to conduct business, or
(d) Similar amusement park facilities, and
(e) Must be used for youth activities at least 60 percent of the time in a calendar year.
(2) It shall also include a park, playground or recreational area specifically designed to be used by children which has play equipment installed, including public grounds
23 designed for athletic activities such as baseball, softball, soccer, or basketball or any similar facility located on a public or private school grounds, or on City, county, or state parks.
(3) This definition shall not include any private martial arts, yoga, ballet, music, art studio or similar studio of this nature nor shall it include any private gym, athletic training facility, pizza parlor, dentist office, doctor’s office primarily serving children or a location which is primarily utilized as an administrative office or facility for youth programs or organizations.
17.84.030 Conditionally permitted uses and prohibitions.
A. Except as expressly authorized pursuant to this Title 17, all commercial cannabis activity is prohibited in the City.
B. Cannabis businesses shall only be permitted in the following zones:
(1) Cannabis retailers (delivery only and/or storefront sales) shall be permitted only in the C-3 Commercial Zone (Central Business), C-3A Commercial Zone (Regional or Community Shopping Center), C-4 Commercial Zone (Highway) and C-5 Commercial Zone (Specified Highway).
(2) Cannabis microbusinesses shall be permitted only in the Light Manufacturing zone.
C. The outdoor cultivation of cannabis by any person is prohibited within the city limits.
D. Any indoor cultivation for personal use that does not meet the standards set forth in Section 17.84.120 is prohibited.
17.84.040 Permits and approvals required.
A. Conditional Use Permit. Every property for which a cannabis business is proposed to be established, maintained, operated, or conducted in the City shall obtain a conditional use permit, pursuant to Chapter 17.62, as modified by Section 17.84.060 below.
B. Cannabis Business Permit. Every person who proposes to establish, maintain, operate, or conduct a cannabis business in the City shall obtain a cannabis business permit pursuant to Chapter 5.80.
C. Business License. Every person who proposes to establish, maintain, operate, or conduct a cannabis business in the City shall obtain a business license.
D. State License. Every person who proposes to establish, maintain, operate, or conduct a cannabis business in the City and every property for which a cannabis business is proposed to be established, maintained, operated, or conducted shall obtain all state licenses for the activity to be conducted.
E. Development Agreement. Before commencing any commercial cannabis activity and as a condition of issuance of a conditional use permit, an applicant shall enter into a development agreement with the City setting forth the terms and conditions under which the cannabis
24 business will operate that is in addition to the requirements of this chapter. These conditions shall include, but not be limited to, public outreach and education, payment of community benefit fees and other charges as mutually agreed upon, approval of architectural plans (including site plan, floor plan, and elevation), provisions for termination of the agreement or invalidation or revocation of the conditional use permit, indemnification of the City and all officials and employees thereof from actions by third parties, including but not limited to, enforcement of conflicts between State and Federal law, or actions challenging the issuance of a permit to the cannabis business, and such other terms and conditions that will protect and promote the public health, safety, and welfare of all persons in the City.
F. Operation and Management Plan. Before commencing any commercial cannabis activity, the cannabis business shall submit an Operation and Management Plan to the Director for approval by the Director and Chief of Police. The Operation and Management Plan shall, at minimum, address the following: the security measures that will be implemented to protect the customers and employees as well as the general community; water preservation; financial record keeping; procedures for safely and securely storing and transporting cannabis and cannabis products; inventory control; accounting measures; identify any hazardous materials that may be used by the business and how they will be stored and disposed of; how currency will be stored and taken off-site; any other information requested by the Director and Chief of Police.
G. Duty to Maintain Copies of All Permits, Licenses, Permits and Conditions of Approval. A copy of all conditional use permits, cannabis business permits, business license, State License or other permit or license required by the City, County, or State for the establishment or operation of a cannabis business shall be maintained on site along with all conditions of approval associated thereof. Such permits may be inspected from time to time by City, County or State representatives or law enforcement personnel and shall be furnished immediately upon request.
The on-site manager, in addition to the property owner, business owner, or representative shall be responsible for ensuring compliance with all applicable codes, permits, licenses, and conditions of approval.
17.84.050 Compliance with State and Local Laws and Regulations.
It is the responsibility of the owners and/or operators of any cannabis business within the City to ensure that they operate in a manner compliant with this Chapter, all applicable State and local law, and any other regulations promulgated thereunder, including but not limited to the MAUCRSA.
17.84.060 Procedures and Findings for Approval of Conditional Use Permit.
A. A conditional use permit shall be processed in accordance with the procedures set forth in Chapter 17.62, Conditional Use Permits, with the following exceptions:
(1) Any provision that requires the approval by the Planning Commission with appeal to the City Council shall be replaced with the requirement that the Planning Commission make a recommendation on the conditional use permit and that the approval of such permit shall be made by the City Council. (2) Any procedures pertaining to noticing and the setting of a public hearing before the Planning Commission shall also apply to the City Council.
25 B. An applicant for a conditional use permit shall comply with the California Environmental Quality Act ("CEQA"). No conditional use permit shall be granted to a cannabis business until the requisite CEQA review has been conducted.
17.84.070 Development Standards.
All cannabis businesses shall comply with the following requirements, and the following applicable requirements of this Section shall be deemed conditions of all conditional use permit approvals. Failure to comply with applicable requirement contained in this Code shall be grounds for revocation of any permit issued in compliance with this Code.
A. Underlying Zone Standards. The establishment of a cannabis business shall comply with all applicable City zoning site development standards of the zone in which the cannabis business is located, the building and construction codes, maximum occupancy loads, fire codes, and health and safety regulations in effect in the City, except as explicitly modified by this chapter.
Non-conforming uses or properties must be brought into conformity with all applicable standards including, but not limited to, parking, landscaping, and signage.
B. Maximum Number. A maximum of one cannabis business shall operate in the City for every 15,000 residents, with any fraction of that ratio being rounded down to the nearest whole number.
C. Proximity to Sensitive Uses. No cannabis business shall be established or located within 600 feet of a school providing instruction in kindergarten or any grades 1 through 12, day care center, youth center, or park. The distance between any cannabis business and any school, day care center, youth center, or parks shall be measured in a straight line, without regard to the boundaries of the City and intervening structures, from the nearest property line of the site containing the cannabis business to the nearest property line of the school, day care center, youth center, and residentially zoned property.
D. Cannabis Microbusiness. A cannabis microbusiness shall comply with the development standards for each component of the business. For example, if a cannabis microbusiness is comprised of a cultivation site, distributor and cannabis retailer, then it shall comply with the development standards for each of those uses. In the event of any conflict between the standards, the Director shall determine which standards apply.
E. Cultivation.
(1) Outdoor commercial cultivation is prohibited.
(2) Indoor commercial cultivation shall not exceed 10,000 square feet of cultivation area.
(3) The cultivation area shall comply with licensing requirements established by the California Department of Cannabis Control.
(4) Secure Area. The secure area shall be fully enclosed within a minimum 6-foot-tall fence or wall. All loading, unloading and distribution areas shall be screened from view from the right of way by the building or solid masonry wall no less than 6 feet.
26 (5) Pesticides and fertilizers shall be properly labeled and stored to avoid contamination through erosion, leakage or inadvertent damage. (6) The cultivation of cannabis shall at all times be operated with all applicable state and local laws and shall be operated in such a way as to ensure the health, safety, and welfare of the public, the employees working at the cultivation site, visitors to the area, neighboring properties, and the end users of the cannabis being cultivated, to protect the environment from harm; to ensure the security of the cannabis being cultivated; and to safeguard against the diversion of cannabis. (7) The Operations and Management Plan identified in Section 17.84.040(F) shall include a cultivation plan that meets or exceeds minimum legal standards for water usage, conservation and use; drainage, runoff, and erosion control; watershed and habitat protection; and proper storage of fertilizers, pesticides, and other regulated products to be used on the parcel, a description of the cultivation activities and schedule of activities during each month of growing and harvesting, or explanation of growth cycles and anticipated harvesting schedules for all-season harvesting.
The Operations and Management Plan shall also include a description of a legal water source, irrigation plan, and projected water use and identify the source of electrical power and plan for compliance with applicable Building Codes and related codes. The Operations and Management Plan shall also address public nuisances that may derive from the cultivation site.
F. Manufacturing.
(1) The manufacture of cannabis products shall be undertaken in a manner that ensures the health, safety, and welfare of the public, the employees of the cannabis business, visitors, and neighboring properties, and must be in full compliance with State law.
(2) It is unlawful for any person under the age of 21 to be present within the area where the manufacture of cannabis products is occurring.
(3) It is unlawful for any person to employ another person under the age of 21 at a cannabis manufacturing facility.
(4) Entrances into any area where cannabis products are made, stored, or kept must be locked at all times with entry strictly controlled. The specifics of such entry system must be set forth in the operations plan.
(5) It is unlawful for the manufacturing site to be open to the public.
G. Distribution.
(1) Transportation safety standards, in addition to those imposed by the State of California, shall be approved by the Chief of Police including without limitation, the type of vehicles in which cannabis or cannabis product may be distributed, and minimal qualification for persons eligible to operate such vehicles.
27 (2) A list of the make, model and license plate of all vehicles used for distribution shall be registered with the Police Department before a vehicle may be used to transport cannabis and cannabis products.
(3) A person conducting distribution shall comply with requirements of Business and Professions Code Section 26070 (sections c through n, inclusive).
H. Cannabis Retailers
(1) Cannabis retailers may operate as a delivery only model, storefront sales only, or both storefront sales and delivery.
(2) No cannabis retailer that sells cannabis or cannabis products for adult-use shall be open to the public between the hours of 9 p.m. and 9 a.m. Consistent with State law, the City shall not restrict the hours of operation of a cannabis retailer that sells cannabis or cannabis products for medicinal use. (3) Cannabis retailers shall verify the age and all necessary documentation of each individual to ensure the customer is not under the age of eighteen (18) years. If the customer is 18 to 20 years old, a cannabis retailer shall confirm the customer's possession of a valid doctor's recommendation and/or Health and Safety Code Section 11362.71 identification card (medical marijuana card). For adult-use purchases, cannabis retailers shall verify that all customers are 21 years of age or older for the purchase of cannabis or cannabis products. (4) Individuals must show their government-issued identification in order to gain access into the cannabis retailer. The government-issued identification and, if applicable, doctor's recommendation or medical marijuana card must also be shown at the point-of-sale station at the time of purchase. Doctor recommendations shall not to be obtained or provided at the retail location. A cannabis retailer shall only sell adult-use cannabis and adult-use cannabis products to individuals who are at least 21 years of age. A retailer shall only sell medicinal cannabis or medicinal cannabis products to individuals who are at least 18 years of age, but not yet 21, if those individuals are in possession of a valid physician’s recommendation.
(5) Cannabis retailers may have only that quantity of cannabis and cannabis products to meet the daily demand readily available for sale on-site in the retail sales area of the retailer. Additional product may be stored in a secured, locked area to which customers, vendors, and visitors shall not have access. (6) All restroom facilities shall remain locked and under the control of management. (7) The cannabis retailer shall notify patrons of the following through posting of a sign in a conspicuous location:
(a) Secondary sale, barter or distribution of cannabis is a crime and can lead to arrest.
28 (b) Loitering on and around the cannabis business is prohibited by California Penal Code § 647(e) and that patrons must immediately leave the site and not consume cannabis in the vicinity of the cannabis retail site or on the property or in the parking lot.
(c) A warning that patrons may be subject to prosecution under federal cannabis laws.
(d) That the use of cannabis may impair a person’s ability to drive a motor vehicle or operate machinery.
(8) Cannabis retailers shall only serve customers who are within the permitted premises, or at a delivery address that meets the following requirements:
(a) The sale and delivery of cannabis goods shall not occur through a passthrough window or a slide-out tray to the exterior of the premises. (b) Cannabis retailers shall not operate as or with a drive-in or drive-through at which cannabis goods are sold to persons within a motor vehicle. (c) No cannabis goods shall be sold and/or delivered by any means or method to any person within a motor vehicle.
(d) All cannabis goods sold by a retail business shall be contained in childresistant packaging. (9) Cannabis retailers shall record point-of-sale areas and areas where cannabis goods are displayed for sale on the video surveillance system. At each point-ofsale location, camera placement must allow for the recording of the purchase and sale of cannabis goods, or any person in the retail area, with sufficient clarity to determine identity.
(10) Limited Access Areas. A cannabis retailer shall establish limited-access areas and permit only authorized individuals to enter the limited-access areas. Authorized individuals include individuals employed by the cannabis retailer as well as any outside vendors, contractors, or other individuals conducting business that requires access to the limited access area. All individuals granted access to the limited access area shall be at least 21 years of age, and if not employed by the cannabis retailer, shall be escorted at all times by an employee of the permittee.
A cannabis retailer shall maintain a log of all individuals who are not employees who are granted access to the limited access area. These logs shall be made available to the City Manager, Police Chief, or their designees upon request. (11) Delivery. Prior to commencing delivery operations, a cannabis retailer shall provide the following information to the City:
A. Proof of ownership of the vehicle or a valid lease for any and all vehicles that will be used to deliver cannabis or cannabis products.
29 B. The year, make, model, color, license plate number, and numerical Vehicle Identification Number (VIN) for any and all vehicles that will be used to deliver cannabis goods.
C. Proof of insurance for any and all vehicles being used to deliver cannabis goods.
D. The cannabis business shall provide the City with the information required by this section in writing for any new vehicle that will be used to deliver cannabis or cannabis goods prior to using the vehicle to deliver cannabis or cannabis goods. The cannabis business shall provide the City with any changes to the information required by this section in writing within thirty (30) calendar days.
17.84.080 Security.
A. A cannabis business shall implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing cannabis or cannabis products and to deter and prevent the theft of cannabis or cannabis products at the cannabis business. The specific security measures shall be identified in the operations plan. Except as may otherwise be determined by the City Manager and/or Chief of Police, these security measures shall include, but shall not be limited to, all of the following:
(1) Perimeter fencing and exterior lighting systems (including motion sensors) for after-hours security as approved by the Police Chief and/or the Community Development Director where applicable.
(2) Preventing individuals from remaining on the premises of the cannabis business if they are not engaging in an activity directly related to the permitted operations of the cannabis business. In cases in which the individual will not voluntarily leave the premises, the cannabis employee shall contact the Police Department. (3) Establishing limited access areas accessible only to authorized cannabis business personnel.
(4) All finished cannabis goods at non-retail cannabis businesses shall be stored in a secured and locked vault or vault-equivalent during non-operating hours. All safes and vaults used to store cash and/or cannabis goods shall be burglary-resistant and fire-resistant. All cannabis and cannabis products, including live clone plants that are being sold, shall be kept in a manner as to prevent diversion, theft, and loss.
(5) Sensors shall be installed to detect entry and exit from all secure areas and shall be monitored in real time by a security company licensed by the State of California Bureau of Security and Investigative Services.
(6) Panic buttons shall be installed in all cannabis businesses with direct notification to the Police Department dispatch and shall be configured to immediately alert dispatch for the Police Department.
30 (7) A professionally installed, maintained, and monitored real-time alarm system shall be installed by a security company licensed by the State of California Bureau of Security and Investigative Services. The cannabis business shall maintain up-todate records and existing contracts on the premises that describe the location and operation of each security alarm system, a schematic of security zones, the name of the licensed alarm company, and the name of any vendor monitoring the premises.
(8) A cannabis business shall only use commercial-grade, nonresidential door locks. (9) Any security measures, such as bars, installed on the windows or the doors of the cannabis business shall be installed only on the interior of the building. (10) Security personnel shall be on-site during regular business hours and must have a verified response security patrol when closed. Security personnel must be licensed by the State of California Bureau of Security and Investigative Services personnel and shall be subject to the prior review and approval of the Police Chief, with such approval not to be unreasonably withheld.
(11) Cannabis businesses shall have the capability to remain secure during a power outage and shall ensure that all access doors are not solely controlled by an electronic access panel to ensure that locks are not released during a power outage.
(12) Entrance areas are to be locked at all times and under the control of a designated responsible party that is either: (a) an employee of the cannabis business; or (b) a licensed security professional.
(13) Each cannabis business shall have an accounting software system in place to provide point of sale data as well as audit trails of both product and cash, where applicable.
(14) Each cannabis business shall demonstrate to the Police Chief, City Manager or their designees, compliance with the state’s track and trace system for cannabis and cannabis products.
(15) Exterior vegetation shall be planted, altered and maintained in a fashion that precludes its use as a hiding place for persons on the premises. (16) Emergency access and emergency evacuation plans that are in compliance with state and local fire safety standards.
(17) Installation of “mosquitos” (high-pitch frequency devices) as a deterrent to vandalism/loitering.
B. Video surveillance. The cannabis business shall install 24-hour security video surveillance cameras of at least high-definition (HD) quality with a night vision capability, and must record in color. The video surveillance system shall meet the following requirements and shall be included in the operations plan:
31 (1) All entrances and exits to and from the cannabis business must be monitored by the video surveillance system. All entrances and exits to the cannabis business shall be recorded from both indoor and outdoor vantage points. (2) All interior spaces within the cannabis business which are open and accessible to the public, all interior spaces where cannabis, cash, or currency, is being stored for any period of time on a regular basis and all interior spaces where diversion of cannabis could reasonably occur must also be monitored by the video surveillance system.
(3) All exterior cameras shall be in weather-proof enclosures, shall be located so as to minimize the possibility of vandalism, and shall have the capability to automatically switch to black and white in low light conditions. (4) Video shall be of sufficient quality for effective prosecution of any crime found to have occurred on the site of the cannabis business and shall be capable of enlargement via projection or other means.
(5) The video security system must be compatible with software and hardware utilized by the City as determined by the Police Chief and set forth in the Operations and Management Plan.
(6) Surveillance video must be recorded to a device that is securely located on the premises and all footage must be maintained for a minimum of 90 days. The video surveillance system specifications must be set forth in the operations plan before the City issues a certificate of occupancy for the facility. (7) All video surveillance systems must be equipped with a failure notification system that provides prompt notification to the cannabis business of any prolonged surveillance interruption and/or the complete failure of the surveillance system. (8) A cannabis business is responsible for ensuring that all surveillance equipment is properly functioning and maintained so that the playback quality is suitable for viewing and the surveillance equipment is capable of capturing the identity of all individuals and activities in the monitored area. All video surveillance equipment shall have sufficient battery backup to support a minimum of 4 hours of recording in the event of a power outage.
(9) Camera placement shall be capable of identifying activity occurring within 20 feet of all points of ingress and egress and shall allow for the clear and certain identification of any individual and activities at the cannabis business. (10) The video surveillance system shall be capable of recording all pre-determined surveillance areas in any lighting conditions. If the cannabis business has a cannabis cultivation area, a rotating schedule of lighted conditions and zeroillumination can occur as long as ingress and egress points to those areas remain constantly illuminated for recording purposes.
32 (11) Areas in which cannabis is grown, cured, manufactured, or stored shall have camera placement in the room at a height that provides a clear, unobstructed view of activity without sight blockage from lighting hoods, fixtures, or other equipment. (12) Cameras shall also be placed at each location where weighing, packaging, transport, preparation, or tagging activities occur.
(13) At least one camera must be dedicated to record the access points to the secured surveillance recording area.
C. Each cannabis business shall identify a designated security representative/liaison who shall be reasonably available to meet with the City Manager and/or Chief of Police regarding any security related measures and/or operational issues. The designated security representative/liaison shall, on behalf of the cannabis business, annually maintain a copy of the current Operations and Management Plan, that shall include a security plan, on the premises of the business, to present to the City Manager and/or Chief of Police upon request that meets the following requirements:
(1) Confirms that a designated manager will be on duty during business hours and will be responsible for monitoring the behavior of employees. (2) Identifies all managers of the cannabis business and their contact phone numbers. (3) Confirms that first aid supplies and operational fire extinguishers are located in the service areas and the Manager’s office.
(4) Confirms that burglar, fire, and panic alarms are operational and monitored by a licensed security company 24 hours a day, seven days a week, and provides contact information for each licensed security company. (5) Identifies a sufficient number of licensed, interior, and exterior security personnel who will monitor individuals inside and outside the cannabis business, the parking lot, any adjacent property under the cannabis business’ control, and ensure that the parking lot is cleared of employees and their vehicles one-half hour after closing.
D. The cannabis business shall cooperate with the City whenever the City Manager and/or Chief of Police makes a request, with or without prior notice, to inspect or audit the effectiveness of any security plan or of any other requirement of this Chapter.
E. A cannabis business shall notify the City Manager within twenty-four (24) hours after discovering any of the following:
(1) Significant discrepancies identified during inventory. The level of significance shall be determined by the regulations promulgated by the City Manager. (2) Diversion, theft, loss, or any criminal activity involving the cannabis business or any agent or employee of the cannabis business.
(3) The loss or unauthorized alteration of records related to cannabis, customers or employees or agents of the cannabis business.
33 (4) Any other breach of security.
F. Compliance with the foregoing requirements shall be verified by the City Manager and/or Chief of Police prior to commencing business operations. The City Manager and/or Chief of Police may supplement these security requirements once operations begin.
17.84.090 Additional Performance Standards.
A. Restriction on Alcohol and Tobacco Sales or Consumption. A cannabis business shall not allow the sale, dispending, or consumption of alcoholic beverages, tobacco, or hookah on the premises of the cannabis business.
B. Restriction on Cannabis Consumption. A Cannabis business shall not allow the consumption of cannabis, cannabis products, or hookah on the premises of the cannabis business.
C. Graphics. No cannabis or cannabis products or graphics depicting cannabis or cannabis products shall be visible from the exterior of the cannabis business, or on any of the vehicles owned or used as part of the cannabis business. No outdoor storage of cannabis or cannabis products is permitted at any time.
D. Reporting and Tracking of Product and of Gross Sales. Each cannabis business shall have in place a point-of-sale or management inventory tracking system to track and report on all aspects of the cannabis business including, but not limited to, such matters as cannabis tracking, inventory data, gross sales (by weight and by sale) and other information which may be deemed necessary by the City. The cannabis business shall ensure that such information is compatible with the City ’s record-keeping systems. In addition, the system must have the capability to produce historical transactional data for review. Furthermore, any system selected must be approved and authorized by the City Manager prior to being used by the permittee.
E. All cannabis and cannabis products sold, distributed, or manufactured shall be cultivated, manufactured, and transported by state licensed facilities that maintain operations in full conformance with the State and local regulations.
F. Emergency Contact. Each cannabis business shall provide the City Manager with the name, telephone number (both land line and mobile, if available) of an on-site employee or owner to whom emergency notice can be provided at any hour of the day.
G. Signage and Notices.
(1) In addition to the requirements otherwise set forth in this section, business identification signage for a cannabis business shall conform to the requirements of Chapter 17 Sign Regulations the City, including, but not limited to, seeking the issuance of a City sign permit.
(2) No signs placed on the premises of a cannabis business shall obstruct any entrance or exit to the building or any window.
(3) Each entrance to a cannabis business shall be visibly posted with a clear and legible notice indicating that smoking, ingesting, or otherwise consuming cannabis on the premises or in the areas adjacent to the cannabis business is prohibited.
34 (4) Business identification signage shall be limited to that needed for identification only and shall not contain any logos or information that identifies, advertises, or lists the services or the products offered. No cannabis business shall advertise by having a person holding a sign and advertising the business to passersby, whether such person is on the premises of the cannabis business or elsewhere including, but not limited to, the public right-of-way.
(5) Signage shall not depict any image of cannabis or cannabis products. No banners, flags, snipe signs, billboards, or other prohibited signs may be used at any time.
H. Manufacturing, Storage and Distribution Areas. All manufacturing, storage and distribution shall be within a fully enclosed building or accessory structure, except that outdoor loading docks may be used for loading for distribution provided the loading docks are fully screened from public view by a building or solid masonry wall as provided above.
I. Cleanliness. All exterior areas of any cannabis business, including the building, landscaping, and parking areas, shall be maintained in a clean and orderly manner free of trash, weeds, and debris. The cannabis business shall comply with Chapter 9.65 regarding graffiti removal and prevention.
J. Lighting. A cannabis business shall comply with the City's lighting standards including, without limitation, fixture type, wattage, illumination levels, shielding, and secure the necessary approvals and permits as needed. For a standalone cannabis business, the cannabis business shall ensure that minimum lighting levels in exterior building and parking lot areas are adequate for the safe operation of vehicles and other modes of travel. The cannabis business shall submit an exterior lighting plan that includes a photometric survey of proposed light standards, heights, fixtures, light sources, spacing and shielding.
K. Noise. A cannabis business shall comply with all applicable standards of Chapter 9.40.
L. Odor Control. A cannabis business shall comply with the applicable standards of Section
9.42.020. Odor control devices and techniques shall be incorporated in all cannabis businesses to ensure that odors from cannabis are not detectable off-site. Cannabis businesses shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the cannabis business that is distinctive to its operation is not detected outside of the cannabis business, anywhere on adjacent property or public rights-of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the cannabis business. Failure to control odors from being detectable from outside the cannabis business shall constitute a public nuisance and shall be grounds for suspension or revocation of the conditional use permit. As such, cannabis businesses must install and maintain the following equipment, or any other equipment which the Director or his/her designee(s) determine is a more effective method or technology:
(1) An exhaust air filtration system with odor control that prevents internal odors from being emitted externally; and
35 (2) An air system that creates negative air pressure between the cannabis business’s interior and exterior, so that the odors generated inside the cannabis business are not detectable on the outside of the cannabis business.
M. Minors.
(1) Persons under the age of twenty-one (21) years shall not be allowed on the premises of a cannabis business and shall not be allowed to serve as a driver for a mobile delivery service. It shall be unlawful and a violation of this Chapter for any person to employ any person at a cannabis business who is not at least twentyone (21) years of age. (2) The entrance to the cannabis business shall be clearly and legibly posted with a notice that no person under the age of twenty-one (21) years of age is permitted to enter upon the premises of the cannabis business.
(3) Notwithstanding the above, persons aged 18 to 20 years shall be allowed on the premises of a cannabis business if they can produce a physician’s recommendation. In that event, such persons can lawfully purchase cannabis for the sole purpose of addressing the medical need that is the subject of the physician’s recommendation.
N. Signage. From a public right-of-way, there should be no exterior evidence of the manufacturing or cultivation of cannabis or cannabis products except for any signage authorized by this Code.
O. Management. A manager with operational authority shall be on the premises during all times the use is operating and must be included on the associated cannabis business permit.
P. Cannabis Waste. All waste and disposal containers shall be stored in a secure area, and under the control of the cannabis business’ staff.
Q. Windows. All windows of the cannabis business shall be secured and all cannabis securely stored.
R. Compliance with Other Laws. A cannabis business, and all operations conducted therein, and all equipment used must be in compliance with all applicable state and local laws, including all building, electrical, and fire codes.
S. Copies of State Permits. The applicant shall provide the City with copies of all applications, plans and security plans submitted to the State for a State License.
T. Parking. On-site parking shall be provided as follows:
(1) Cannabis retailers. One parking spot for each 200 square feet of gross floor area plus one parking spot for each employee, unless otherwise determined by the Director pursuant to a traffic and parking study.
(2) Cannabis microbusiness. One parking spot for each employee on the maximum working shift, or not less than one parking spot for each 500 square feet of gross floor area, whichever amount is greater, unless otherwise determined by the
36 Director pursuant to a traffic and parking study.
(3) If the Director determines that a traffic and parking study is warranted, such study shall be at the applicant’s expense and review may be made by filing a separate application and making payment of established fees. A determination of the number of parking spaces that must be provided by the cannabis business may include, but shall not be limited to the following considerations: A traffic/parking study supports the finding that the number of parking spaces actually needed for the development is less or greater than that required by the Code; traffic and pedestrian safety will not be affected by the modification of parking requirements; and that any reduced parking will not impact the health, safety and welfare of the public. The determination may also be conditioned to ensure compliance with the findings and the intent of this Chapter and to ensure that additional parking spaces will be provided per code requirements should demand for parking increase on site.
17.84.100 Promulgation of Regulations, Standards and Other Legal Duties.
A. In addition to any regulations adopted by the City Council, the City Manager is authorized to establish any additional rules, regulations and standards governing the issuance, denial or renewal of cannabis business permits, the ongoing operation of cannabis businesses and the City's oversight, or concerning any other subject determined to be necessary to carry out the purposes of this Chapter.
B. Regulations shall be published on the City’s website.
C. Regulations promulgated by the City Manager shall become effective upon date of publication. Cannabis businesses shall be required to comply with all state and local laws and regulations, including but not limited to any rules, regulations or standards adopted by the City Manager.
17.84.110 Limitations on City’s Liability.
A. To the fullest extent permitted by law, the City does not assume any liability whatsoever, with respect to approving any permit pursuant to this chapter or the operation of any cannabis business approved under to this chapter.
B. As a condition of approval of a permit as provided in this chapter, the applicant or its legal representative shall do the following:
(1) Execute an agreement indemnifying the City from any claims, damages, injuries, or liabilities of any kind associated with the operation of the cannabis business, issuance of a permit to a cannabis business, or the prosecution of the cannabis business or its owners, managers, directors, officers, employees, or its qualified patients or primary caregivers for violation of federal or state laws; (2) Maintain insurance in the amounts and of the types that are acceptable to the City Council or designee; and
(3) Reimburse the City for all costs and expenses, including but not limited to legal fees and costs and court costs, which the City may be required to pay as a result
37 of any legal challenge related to the City's approval of the conditional use permit or cannabis business permit or related to the City 's approval of a cannabis activity.
The City, at its sole discretion, may participate at its own expense in the defense of any such action, but such participation shall not relieve the applicant of any of the obligations imposed hereunder.
17.84.120 Indoor Cultivation for Personal Use.
A. The indoor cultivation of seven or more cannabis plants in a private residence is prohibited.
B. The indoor cultivation of six or fewer cannabis plants in a private residence shall be permitted to the extent permitted by state law, and subject to the following standards:
(1) The maximum number of cannabis plants that may be cultivated per private residence is limited to six, regardless of the number of persons that reside in the private residence. Only one person may register for each private residence, and a person may not register at more than one private residence in the city. (2) The cultivation shall only occur either inside of a private residence, or inside of a fully enclosed and secure structure located upon the grounds of a private residence.
(3) Cultivation lighting shall not exceed 600 watts. The cultivation shall not draw more power than the structure and electrical service is designed to handle and shall not constitute a fire hazard.
(4) The use of compressed gases, including but not limited to carbon dioxide and butane, for cultivation or processing is prohibited.
(5) The property shall remain at all times a private residence with a legal and functioning kitchen, bathrooms and bedrooms for their intended use and such cultivation shall not prevent the property’s primary use as a residential use. The cultivation activities shall be conducted in a manner that maintains a clear and unobstructed path to outdoor window(s) and interior door(s) at all times. (6) If cultivation occurs in a garage, it shall be conducted in a manner that does not reduce required off-street parking.
(7) The cultivation area shall include an adequate ventilation and filtration system to ensure that odors from cultivation are not detectable beyond the subject property, and shall be designed to prevent mold and moisture in order to protect the health and safety of persons inhabiting the residence.
(8) Any chemicals used for cultivation shall be properly and safely stored outside the habitable area of the residence.
(9) The cultivation shall not use more water than is reasonably required to cultivate the maximum number of permitted cannabis plants.
(10) The cultivation area shall comply with all applicable provisions of the building and
38 fire codes.
(11) The cultivation area shall not adversely affect the health or safety of nearby residents by creating dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration or other impacts and shall not be hazardous due to the use or storage of materials, processes, products or wastes, or from other actions related to the cultivation.
(12) The maximum plant height of any indoor cultivated cannabis plant shall not exceed six feet, as measured from the base of the floor to the highest point of the cannabis plant(s).
(13) The fully enclosed structure where the cannabis cultivation is occurring must have valid building, electrical, and plumbing permits, if applicable. (14) Any cannabis cultivation that does not meet the requirements set forth in this section is prohibited, is unlawful and constitutes a public nuisance.
17.84.130 Exceptions.
A. To the extent that the following activities are permitted by state law, nothing in this chapter shall prohibit a person 21 years of age or older from:
(1) Possessing, processing, purchasing, transporting, obtaining or giving away to persons 21 years of age or older, without compensation whatsoever, not more than
28.5 grams of cannabis not in the form of concentrated cannabis; (2) Possessing, processing, purchasing, transporting, obtaining or giving away to persons 21 years of age or older, without compensation whatsoever, up to eight grams of cannabis in the form of concentrated cannabis; (3) Smoking or ingesting cannabis or cannabis products in a manner consistent with California Health and Safety Code Section 11362.3;
(4) Possessing, transporting, purchasing, obtaining, using, manufacturing, or giving away cannabis accessories to persons 21 years of age or older without compensation whatsoever; or
(5) Engaging in the indoor cultivation of six or less live cannabis plants within a single private residence or inside an accessory structure located upon the grounds of a private residence that is fully enclosed and secured, to the extent such cultivation is authorized by California Health and Safety Code Sections 11362.1 and 11362.2, and to the extent that such cultivation complies with CMC 17.84.050.
B. This chapter shall not prohibit any person from transporting cannabis through the jurisdictional limits of the city for delivery or distribution to a person located outside the city, where such transport does not involve delivery or distribution within the jurisdictional limits of the city.
C. This chapter shall also not prohibit any commercial cannabis activity that the city is required by state law to permit within its jurisdiction pursuant to the MAUCRSA.
39 17.84.140 Violations and Penalties.
In addition to any other enforcement permitted by Chapter 17.85, the city attorney may bring a civil action for injunctive relief and civil penalties against any person or entity that violates this chapter. In any civil action brought pursuant to this chapter, a court of competent jurisdiction may award reasonable attorneys’ fees and costs to the prevailing party. Notwithstanding the penalties set forth in Chapter 17.85, this chapter does not authorize a criminal prosecution, arrest or penalty inconsistent with or prohibited by Health and Safety Code Section 11362.71 et seq. or 11362.1 et seq., as the same may be amended from time to time. In the event of any conflict between the penalties enumerated under Chapter 17.85 and any penalties set forth in state law, the maximum penalties allowable under state law shall govern.
17.84.150 Public Nuisance Prohibited.
It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge of any parcel within the city to create a public nuisance in the course of cultivating, manufacturing, selling, or distributing cannabis or any part thereof in any location, indoor or outdoor. A public nuisance may be deemed to exist, if such activity produces:
A. Odors which are disturbing to people of reasonable sensitivity or present on adjacent or nearby property or areas open to the public.
B. Repeated responses to the cannabis business by law enforcement personnel.
C. A repeated disruption to the free passage of persons or vehicles in the neighborhood, excessive noise, exceeding the noise levels set by Chapter 9.40, which is disturbing to people of normal sensitivity on adjacent or nearby property or areas open to the public.
D. Any other impacts on the neighborhood that are disruptive of normal activity in the area including, but not limited to, grow lighting visible outside the building, excessive vehicular traffic or parking occurring at or near the cannabis business, and excessive noise emanating from the cannabis business.
E. “Outdoor growing and cultivation of cannabis.”
Section 7. Section 17.38.030 (Uses permitted subject to conditional use permit) of Chapter 17.38 (C-2 Commercial Zone (Neighborhood Shopping Center)) of the Covina Municipal Code is hereby amended to add the following text, with all other provisions of Section 17.38.030 remaining unchanged:
“Cannabis retailers that comply with the requirements set forth in Chapter 17.84.” Section 8. Section 17.40.030 (Uses permitted subject to conditional use permit) of Chapter 17.40 (C-3 Commercial Zone (Central Business)) of the Covina Municipal Code is hereby amended to add the following text, with all other provisions of Section 17.40.030 remaining unchanged:
“Cannabis retailers that comply with the requirements set forth in Chapter 17.84.”
40 Section 9. Section 17.42.030 (Uses permitted subject to conditional use permit) of Chapter 17.42 (C-3A Commercial Zone (Regional or Community Shopping Center)) of the Covina Municipal Code is hereby amended to add the following text, with all other provisions of Section 17.42.030 remaining unchanged:
“Cannabis retailers that comply with the requirements set forth in Chapter 17.84.” Section 10. Section 17.46.030 (Uses permitted subject to conditional use permit) of Chapter 17.46 (C-5 Commercial Zone (Specified Highway) of the Covina Municipal Code is hereby amended to add the following text, with all other provisions of Section 17.46.030 remaining unchanged:
“Cannabis retailers that comply with the requirements set forth in Chapter 17.84.” Section 11. Section 17.54.030 (Uses permitted subject to conditional use permit) of Chapter 17.54 (M-1 Light Manufacturing Zone) of Title 17 (Zoning) of the Covina Municipal Code is hereby amended to add a new subsection “W” to read as follows, with all other provisions of Section 17.54.030 remaining unchanged:
“W. Cannabis microbusinesses that comply with the requirements set forth in Chapter
17.84.”
Section 12. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
Section 13. Submittal of Ordinance. The Community Development Director shall submit a copy of the Ordinance to the Department of Cannabis Control within 30 days after adoption of this Ordinance.
Section 14. Effective Date. This Ordinance shall take affect 30 days after its adoption.
The City Clerk is directed to certify to the enactment of this Ordinance and to cause this ordinance to be published and/or posted as required by law.
INTRODUCED AND APPROVED UPON FIRST READING this ____ day of ________, 2023, upon the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
41 PASSED, APPROVED AND ADOPTED UPON SECOND READING this _____ day of _________, 2023, upon the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
MAYOR
ATTEST:
_________________________________
ANDREW ALEMAN, CITY CLERK
APPROVED AS TO FORM:
__________________________________
CANDICE LEE, CITY ATTORNEY
Public Review Draft
CITY OF COVINA’S LOCAL CANNABIS PROGRAM
ORDINANCE PROJECT
Initial Study/Mitigated Negative Declaration
Prepared for January 2023
City of Covina
r ESA
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EXHIBIT 2
Public Review Draft
CITY OF COVINA’S LOCAL CANNABIS PROGRAM
ORDINANCE PROJECT
Initial Study/Mitigated Negative Declaration
Prepared for January 2023
City of Covina
1010 E. Union Street
Suite 203
Pasadena, CA 91106
626.204.6170
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OUR COMMITMENT TO SUSTAINABILITY | ESA helps a variety of public and private sector clients plan and prepare for climate change and emerging regulations that limit GHG emissions. ESA is a registered assessor with the California Climate Action Registry, a Climate Leader, and founding reporter for the Climate Registry. ESA is also a corporate member of the U.S. Green Building Council and the Business Council on Climate Change (BC3). Internally, ESA has adopted a Sustainability Vision and Policy Statement and a plan to reduce waste and energy within our operations. This document was produced using recycled paper.
City of Covina’s Local Cannabis Program Ordinance Project i ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023
TABLE OF CONTENTS
City of Covina’s Local Cannabis Program
Ordinance Project Initial Study/
Mitigated Negative Declaration
Page
Section 1, Introduction ......................................................................................................1-1
1.1 Statutory Authority and Requirements ...............................................................1-1
1.2 Purpose .............................................................................................................1-2 Section 2, Project Description ..........................................................................................2-1
2.1 Project Location.................................................................................................2-1
2.2 Existing Setting and Surrounding Land Uses ....................................................2-1
2.3 Project Background ...........................................................................................2-1 Senate Bill No. 1186..........................................................................................2-4
2.4 Project Description.............................................................................................2-5 Proposed Local Cannabis Program Ordinance .................................................2-5 Potential Cannabis Locations ............................................................................2-5 Cannabis Microbusiness....................................................................................2-9 Cannabis Cultivation..........................................................................................2-9 Cannabis Manufacturing....................................................................................2-9 Cannabis Distribution.......................................................................................2-10 Cannabis Retailers ..........................................................................................2-10 Cannabis Delivery............................................................................................2-10 Cannabis Security............................................................................................2-11 Cannabis Permit and Approval Requirements.................................................2-12
2.5 Project Approvals.............................................................................................2-13 Section 3, Initial Study/Environmental Checklist ............................................................3-1
3.1 Environmental Factors Potentially Affected .......................................................3-3
3.2 Environmental Checklist ....................................................................................3-4 Aesthetics ..........................................................................................................3-4 Agriculture and Forestry Resources ..................................................................3-8 Air Quality ........................................................................................................3-11 Biological Resources .......................................................................................3-17 Cultural Resources ..........................................................................................3-23 Energy .............................................................................................................3-27 Geology and Soils............................................................................................3-31 Greenhouse Gas Emissions ............................................................................3-38 Hazards and Hazardous Materials...................................................................3-44 Hydrology and Water Quality...........................................................................3-52 Land Use and Planning ...................................................................................3-57 Mineral Resources...........................................................................................3-59 Noise ...............................................................................................................3-60 Population and Housing...................................................................................3-67
Table of Contents
Page
City of Covina’s Local Cannabis Program Ordinance Project ii ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 Public Services ................................................................................................ 3-69 Recreation ....................................................................................................... 3-77 Transportation ................................................................................................. 3-79 Tribal Cultural Resources ................................................................................ 3-83 Utilities and Service Systems .......................................................................... 3-85 Wildfire............................................................................................................. 3-90 Mandatory Findings of Significance................................................................. 3-92 Section 4, Mitigation Monitoring Reporting Program ..................................................... 4-1
4.1 CEQA Requirements ......................................................................................... 4-1 Section 5, Preparers and Acronyms................................................................................. 5-1
5.1 Preparers........................................................................................................... 5-1 Lead Agency...................................................................................................... 5-1 Initial Study/Mitigated Negative Declaration Preparation ................................... 5-1
5.2 Acronyms and Abbreviations ............................................................................. 5-2 List of Figures
Figure 2-1 Regional Location Map................................................................................... 2-2 Figure 2-2 Draft Zoning Map with Potential Parcels......................................................... 2-8 List of Tables
Table 2-1 Chapter 5.80, Cannabis Regulatory Ordinance to Permit Local Cannabis Businesses ..................................................................................... 2-6 Table 2-2 Chapter 17.84, Cannabis Prohibitions and Regulations ................................. 2-7 Table 2-3 Project Approvals ......................................................................................... 2-13 Table 3-1 City of Covina Sound Level Limit.................................................................. 3-62 Table 4-1 Mitigation Monitoring and Reporting Program for the City of Covina’s Local Cannabis Program Ordinance Project................................................... 4-2 Appendix
Appendix A. AB 52 Documentation
City of Covina’s Local Cannabis Program Ordinance Project 1-1 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 SECTION 1
Introduction
The City of Covina (City) proposes to amend the City’s Municipal Code and Zoning Code to allow for the commercial sale, distribution, manufacture and cultivation of cannabis and cannabis products within the City by permitting up to three cannabis retailers or microbusinesses (future cannabis businesses) (the Project or Cannabis Ordinance Project). Specifically, the Cannabis Ordinance Project would amend Municipal Code Title 5, Business Licenses and Regulations to add a new Chapter 5.80 to establish the future cannabis business permit regulations and amend Title 17, Zoning to add a new Chapter 17.84, Cannabis Prohibitions and Regulations, to establish the applicable zoning prohibitions and regulations for the future cannabis businesses. The amendments to the Zoning Code would require future cannabis businesses to be located within specified commercial or light industrial zones located at least 600 feet from schools, youth centers, daycare centers, and parks. The Cannabis Ordinance Project does not permit future cannabis businesses within residential zones.
The Cannabis Ordinance Project is subject to the guidelines and regulations of the California Environmental Quality Act (CEQA). No specific development project is proposed at this time in connection with the Cannabis Ordinance Project. Therefore, no direct environmental impacts would be caused by adoption of the Cannabis Ordinance Project, and this Initial Study/Mitigated Negative Declaration (IS/MND) addresses the indirect and cumulative environmental impacts expected to occur as a result of the Cannabis Ordinance Project.
1.1 Statutory Authority and Requirements
In accordance with the CEQA (Public Resources Code [PRC] Sections 2100–21177) and pursuant to California Code of Regulations (CCR) Title 14, Section 15063, the City, acting in the capacity of Lead Agency, is required to undertake the preparation of an Initial Study to determine if the Project would have a significant environmental impact. If the Lead Agency finds that there is no evidence that the Project, either as proposed or as modified to include the mitigation measures identified in the Initial Study, may cause a significant effect on the environment, the Lead Agency must find that the Project would not have a significant effect on the environment and must prepare a Negative Declaration (ND) or Mitigated Negative Declaration (MND) for that Project. Such determination can be made only if, “there is no substantial evidence in light of the whole record before the Lead Agency” that such impacts may occur PRC Section 21080(c).
The environmental documentation is intended as a document undertaken to provide an environmental basis for discretionary actions required to implement the Project. The environmental documentation and supporting analysis is subject to a public review period. During
1. Introduction
City of Covina’s Local Cannabis Program Ordinance Project 1-2 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 this review, public agency comments on the document should be addressed to the City. Following review of any comments received, the City will consider these comments as part of the Project’s environmental review and include them with the Initial Study documentation for consideration by the Planning Commission and City Council.
The determination by the City is that the preparation of a MND is adequate to address the potential environmental issues associated with construction and operation of the Project.
Therefore, this document is an IS/MND. If the evaluation determines that a significant impact cannot be reduced to a less than significant level, then an environmental impact report (EIR) would be required.
1.2 Purpose
The City has prepared this Draft IS/MND to provide the public and responsible agencies with information about the potential environmental impacts associated with implementation of the Project. This Draft IS/MND includes a program-level analysis of the potential effects associated with adoption of the Cannabis Ordinance Project.
This Draft IS/MND was prepared in compliance with the content requirements in Section 15071 of the State CEQA Guidelines of 1970 (as amended) and CCR Title 14, Division 6, Chapter 3. In accordance with Section 15071, this Draft IS/MND includes a description of the Project, the location of the Project, a proposed finding that the Project will not have a significant effect on the environment, an Initial Study that documents reasons to support the finding, and mitigation measures to avoid potentially significant impacts.
City of Covina’s Local Cannabis Program Ordinance Project 2-1 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 SECTION 2
Project Description
2.1 Project Location
Regionally, the Project is located in the City of Covina within the San Gabriel Valley of Los Angeles County (County); refer to Figure 2-1, Regional Location Map. The surrounding jurisdictions include Duarte, Azusa, and Glendora to the north, San Dimas to the east, West Covina to the south, and Irwindale and Baldwin Park to the west, with pockets of Los Angeles County Unincorporated Areas adjacent and within city limits. Locally, the Project would permit up to three future cannabis businesses within specified commercial or light industrial zones that meet the development criteria established in the Cannabis Ordinance Project. However, no specific development project is proposed at this time in connection with the Cannabis Ordinance Project.
2.2 Existing Setting and Surrounding Land Uses
The Project would permit up to three future cannabis businesses within specified commercial or light industrial zones located at least 600 feet from schools, day care centers, youth centers, and parks. The Project does not permit future cannabis businesses within residential zones. The existing setting of the potential parcels are mostly developed lots generally comprising of commercial and light industrial uses, asphalt surface parking lots, and ornamental landscaping and trees. Of the potential parcels, only four are comprised of a vacant lot. The City’s commercial and light industrial areas are primarily concentrated around major thoroughfares with more concentrated development in larger retail centers. While surrounding land uses would be specific to the potential parcels for future cannabis businesses associated with the Project, typical surrounding land uses would be primarily comprised of commercial and light industrial uses.
2.3 Project Background
The Cannabis Ordinance Project has a unique regulatory setting with a number of relevant laws having been passed since 1996. The views and laws around cannabis differ at the State and Federal levels. Commercial cannabis activities are considered federal criminal offenses under the Controlled Substances Act (CSA) adopted in 1970. The CSA made it unlawful to manufacture, distribute, dispense, or possess any controlled substance and reflects the federal government’s view that marijuana is a controlled substance with “no currently accepted medical use.”
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Figure 2-1
Regional Location Map
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2. Project Description
City of Covina’s Local Cannabis Program Ordinance Project 2-3 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 Despite federal law, and similar to what has occurred in other States, in 1996 California voters passed Proposition 215 (the Compassionate Use Act), which allowed the use of medical cannabis statewide without threat of local or state criminal prosecution. Proposition 215 provided immunity from state law enforcement for patients and their designated primary caregivers to possess and cultivate marijuana for their personal medical use given the recommendation or approval of a California licensed physician. However, Proposition 215 did not cover commercial cultivation or manufacturing of cannabis products and expressly did not allow unlimited amounts of cannabis to be grown anywhere.
In 2003, Senate Bill (SB) 420 broadened Proposition 215 by further protecting patients and caregivers from State criminal prosecution for additional related activities (e.g., transporting medical cannabis) and allowed patients to form medical cultivation “collectives” or “cooperatives” to grow cannabis for medical use, as well as established a voluntary state identification card system run through county health departments.
In 2015, the California Legislature passed the Medical Marijuana Regulation and Safety Act (MMRSA or MCRSA), establishing permitting for marijuana cultivation at the State level (with local approval). Under MCRSA, all medical marijuana businesses, or commercial cannabis activities, must have a state license and a local permit, license, or other authorization in order to operate lawfully within California. The MCRSA is not specific as to the start date, except to state that businesses in good standing with their local jurisdiction may apply for State licensing in 2018.
Proposition 64, commonly known as the Adult Use of Marijuana Act (AUMA), was passed by California voters on November 8, 2016. AUMA goes beyond prior state laws, which were restricted to medical cannabis activity, to allow adults 21 or older to possess, use, and cultivate recreational marijuana in certain amounts. An individual may possess up to 28.5 grams of nonconcentrated marijuana or eight grams of marijuana in a concentrated form (e.g., marijuana edibles). In addition, an individual may cultivate up to six marijuana plants at a private residence provided that no more than six plants are cultivated on the property at one time. AUMA imposes State taxes on sales and cultivation, provides for industry licensing and establishes standards for cannabis products. Proposition 64 also allows local jurisdictions to regulate (including prohibit) and tax cannabis. AUMA sets up a state licensing scheme for commercialization of non-medical marijuana and state licenses for a range of commercial cannabis activities.
On June 27, 2017, Governor Brown signed SB 94, which repealed MCRSA and merged its provisions with AUMA unifying medicinal and commercial cannabis administration now referred to as the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA).
Locally, cannabis activities are prohibited within the City of Covina (Municipal Code Section
17.84.030), with the exception of cannabis that is cultivated at private residences for individual consumption, in compliance with State law. Despite this, various cannabis businesses have continued to express interest in opening up businesses in the City.
In 2020, the City Council of Covina requested an update on Statewide regulations related to cannabis. This request was prompted by ongoing changes in the regulatory environment, coupled
2. Project Description
City of Covina’s Local Cannabis Program Ordinance Project 2-4 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 with the observation that a growing number of local agencies have decided to implement local programs. Following its discussion, the City Council requested the creation of an Ad-Hoc Committee (Committee) comprised of two Councilmembers and staff from the City Manager’s Office, City Attorney’s Office, Covina’s Police Department (CPD), and Community Development Department to study the issue further.
In 2020, at the recommendation of the Committee, the City Council approved the completion of a community survey on several topics (including cannabis) to better gauge public feedback on various community issues. Since fall 2020, the Committee has worked to study the cannabis industry to learn how other communities have developed local regulatory programs. This work included a robust public engagement process including a public opinion survey, four general outreach workshops and four presentations at City Advisory Commission meetings. The Committee also completed a comprehensive review of local cannabis programs developed in six local agencies, including the cities of Desert Hot Springs, Lake Elsinore, Palm Desert, Pasadena, Port Hueneme and Turlock.
Public safety has been at forefront of the Committee’s research into commercialized cannabis activities, including learning about how cannabis businesses integrate with existing businesses, the measures that are used to prevent youth consumption, the measures that are used to address impaired driving and learning about any unintended consequences that have resulted from local programs. Based on this research, the Committee compiled a list of measures that have been used in other communities to protect public health and safety. Some of the measures include regular facility inspections, requiring identification cards and background checks for employees, prohibiting onsite consumption, prohibiting gatherings before/after operations, requiring onsite security and surveillance systems, implementing a strict enforcement system to address City code violations, and utilizing public benefit funds to facilitate community health and youth programs, among others.
Senate Bill No. 1186
Senate Bill No. 1186, adds Chapter 26 (commencing with Section 26320) to Division 10 of, the Business and Professions Code, to establish the Medicinal Cannabis Patients’ Right of Access Act. Government Code section 26322(a)(2) states that a local jurisdiction shall not adopt or enforce any regulation that prohibits the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers, or that otherwise has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by licensed medicinal cannabis businesses in a timely and readily accessible manner, and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction, including, but not limited to, regulation of any of the following that has the effect of prohibiting the retail sale by delivery of medicinal cannabis:
(1) The number of medicinal cannabis businesses authorized to deliver medicinal cannabis in the local jurisdiction.
(2) The operating hours of medicinal cannabis businesses.
2. Project Description
City of Covina’s Local Cannabis Program Ordinance Project 2-5 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 (3) The number of frequency of sales by delivery of medicinal cannabis. (4) The types of quantities of medicinal cannabis authorized to be sold by delivery. (5) The establishment of physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted by a licensed non-storefront retailer, except that this paragraph shall not be construed to require the establishment of additional physical premises in a local jurisdiction that allowed medicinal cannabis retail as of January 1, 2022, and in which at least one physical premises engaged in the retail sale of medicinal cannabis, whether storefront of delivery, is already established.
Government Code section 26322 shall become operative on January 1, 2024.
2.4 Project Description
Proposed Local Cannabis Program Ordinance
Based on the Committee’s research of other cities’ local program ordinances related to commercialized cannabis activities, the City prepared the Local Cannabis Program Ordinance to permit and regulate up to three cannabis future cannabis businesses within specified commercial or light industrial zones within the City. Based on input from the Committee and City Council, the City proposed amendments to the City’s Municipal Code and Zoning Code to establish the Cannabis Ordinance Project which is summarized below in Table 2-1, Chapter 5.80, Cannabis Regulatory Ordinance to Permit Local Cannabis Businesses, and Table 2-2, Chapter 17.84, Cannabis Prohibitions and Regulations.
Potential Cannabis Locations
While the specific locations of the future cannabis businesses are unknown at this time, adoption of the Cannabis Ordinance Project would permit up to three future cannabis businesses within specified commercial and light industrial zones that meet the development criteria established in the Cannabis Ordinance. Specifically, the Cannabis Ordinance would permit development of the future cannabis retailers within potential parcels designated as C-3 (Central Business), C-3A (Regional or Community Shopping Center), C-4 (Commercial Zone, Highway), and C-5 (Specified Highway), and future cannabis microbusinesses within potential parcels designated as M-1 (Industrial Zone); refer to Figure 2-2, Draft Zoning Map with Potential Parcels. As shown in Figure 2-2, the majority of the potential parcels would be located on major thoroughfares and would not be located within the Town Center Specific Plan area. All future cannabis businesses would be prohibited within 600 feet of a school providing instruction in kindergarten or any grades 1 through 12, day care center, youth center, or park. The distance between any cannabis business and any school, day care center, youth center, or parks, shall be measured in a straight line, without regard to the boundaries of the City and intervening structures, from the nearest property line of the site containing the cannabis business to the nearest property line of the school, day care center, youth center, and residential zoned property. The Cannabis Ordinance Project does not permit future cannabis businesses within residential zones. It is anticipated that development of the future cannabis businesses including cultivation of cannabis on less than 10,000 square feet associated with the Project would primarily locate within existing structures and require minor renovation activities or extensive interior upgrades or modifications (i.e.,
2. Project Description
City of Covina’s Local Cannabis Program Ordinance Project 2-6 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 upgrades to electrical, lighting, irrigation, ventilation, refrigeration), or to a lesser extent, be considered infill development or redevelopment within previously developed lots. Because of the limited amount of vacant land as well as the limited number of future cannabis businesses that could result from Project implementation, it is likely that any such construction of infill development or redevelopment would be limited in scale.
TABLE 2-1
CHAPTER 5.80, CANNABIS REGULATORY ORDINANCE TO PERMIT LOCAL CANNABIS BUSINESSES Chapter Topic Description
5.80.060 Owner/Employee
Background Checks
Required for owner and employees; Denial of Permit/Employment if convicted of certain felony convictions.
5.80.070 Persons Prohibited from
Holding Permit or
Employment with Cannabis
Business
If, in past 5 years, business owner/partner conducted cannabis activity in violation of any other codes; delinquent on taxes/fees; under 21 years of age, violent felony conviction, felony/misdemeanor for fraud, deceit, embezzlement or moral turpitude; licensed physician providing cannabis prescriptions; failure to pay City application/processing fees.
5.80.080 Maximum Number of
Businesses Permitted
1 per 15,000 residents.
5.80.090 City’s Reservation of Rights City can reject applications, modify/cancel a request for applications, and request additional information from candidates applying for a permit; Grounds for rejection: application received after deadline; application was not responsive/complete; application does not comply with ordinance.
5.80.100 Procedure/Review Criteria
for Applicants
Adopted by City Council; Objective criteria and point system to score applications; applicants with 10+ employees must enter into a labor peace agreement.
5.80.110 Application Review Community Development Director review for zoning; City Manager appoints review committee and makes recommendation to Council for consideration.
5.80.130 Scope of Approval Business must be in continuous operation for preceding 4 months or will be considered abandoned unless an extension is approved.
5.80.150 Renewal of Cannabis
Permit
Applicant files 60 days before expiration, must be good standing, must have been operating continuously for previous 4 months; must renew State license.
5.80.160 Revocation of Permit May be revoked if in violation of State/Local laws, policies, regulations or CUP.
5.80.170 State License Suspension Local permit suspended upon notification of State suspension/revocations.
5.80.180 Appeals Must be filed within 10 days of City decision to deny application.
5.80.190 Administrative Hearing Review by Hearing Officer or Council; Scheduled within 30 days of appeal or soon as reasonably possible. Hearing Officer/Council issues final decision within 20 days.
5.80.200 Transfer of Permit Must file new application, pay transfer fee, go through evaluation process and obtain amendment to permit from City.
5.80.210 Right to Occupancy and
Use Property
Business must provide sufficient evidence of the legal right to occupy/use a proposed location (signed lease, notarized statement, etc.).
5.80.220 Records/Record Keeping Business must maintain accurate records; Provide audited financial statements annually; Maintain a register of employee names; Maintain an inventory control/reporting system to document quantities and types of products.
SOURCE: City of Covina City Council Regular Meeting Agenda Item Report, Item No. NB 2, City Council Regular Meeting, July 19, 2022.
2. Project Description
City of Covina’s Local Cannabis Program Ordinance Project 2-7 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 TABLE 2-2
CHAPTER 17.84, CANNABIS PROHIBITIONS AND REGULATIONS
Section Topic Description
17.84.040 Permits/Approvals
Required
CUP, Cannabis Business Permit, Business License, State License, Development Agreement, Operations Plan.
17.84.050 Compliance with
State/Local Laws and
Regulation
Comply with State and local laws and regulations.
17.84.060 Procedures/Findings for
Approval of CUP
Recommendation from Planning Commission and Approval by City Council; Compliance with CEQA.
17.84.070 Development Standards Comply with various requirements: Underlying zoning standards – Light Manufacturing (M-1), Specified Commercial Zones (C-3, C-4, C-5) not in a PCD Overlay Zone; Permitted location standards – light manufacturing or retail; Maximum of one business per 15,000 residents; 600 feet buffer from schools, youth centers; Permitted Types: Microbusiness or storefront retail business; Hours of operations: 9am-9pm (except for medicinal cannabis retailers); Access: Provide access only to individuals 21 years + age or 18 + if they possess a doctor’s prescription; Maintain a secured inventory area; Keep restrooms locked; Prohibit resale, loitering onsite, drive-through sales; Maintain customer parking; Established limited access areas to employees/agents; Provide ownership, vehicle information for delivery vehicles.
17.84.080 Security Provide sufficient security measures per PD requirements – fencing, lighting, after-hours security, secured storage area for products, panic buttons, alarm systems, 24 hour/day security personnel; controlled entrance to business; track/trace system for products; well-maintained exterior areas; emergency plans; Maintain video surveillance – 24 hours/day, HD quality, all entrances and exits, all interior spaces; maintain videos for 90 days; battery backup and provide a dedicated security liaison.
17.84.090 Performance Standards Restrict alcohol and tobacco sales/consumption; Restrict onsite cannabis consumption; Prohibit use of graphics at establishment or on delivery vehicles; Report and track products sold and sales amounts; Sell products manufactured at State licensed facilities; Maintain emergency contact information; Signage – obtain sign permit, no placement to obstruct entrance/exit or windows, no logos of other information that identifies products offered; no temporary sign persons; no cannabis products on signs; Lighting/Noise/Odor – comply with City standards; Minors – under age 21 not allowed on premises or as employee; persons 18-20 allowed with doctor prescriptions.
17.84.100 Promulgation of
Regulation, Standards
City may establish additional rules, regulations and standards related to issuing, denying or renewing permits.
17.84.110 Limitations to City’s
Liability
Applicants must indemnify City, maintain insurance acceptable to City standards, reimburse City in the event of legal challenges.
17.84.120 Indoor Cultivation for
Personal Use
Same as existing, comply with State law.
17.84.130 Exceptions Persons 21 years + may possess, purchase, transport up to 28.5 grams of cannabis, up to 8 grams of concentrated cannabis.
17.84.140 Violations/Penalties City may bring Civil action.
17.84.150 Public Nuisance
Prohibited
May be declared as a result of odors, repeated law enforcement responses, repeated disruption to neighborhood/noise regulations, other impacts to neighborhood, outdoor growing/cultivation of cannabis.
SOURCE: City of Covina City Council Regular Meeting Agenda Item Report, Item No. NB 2, City Council Regular Meeting, July 19, 2022.
City of Covina’s Cannabis Ordinance Project
Figure 2-2
Draft Zoning Map with Potential Parcels
SOURCE: City of Covina. Geographic Information Systems. 2021 D202100759.03 - Covina Cannabis Ordinance MND\05 Graphics-GIS-Modeling-USE AZURE
2. Project Description
City of Covina’s Local Cannabis Program Ordinance Project 2-9 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 Cannabis Microbusiness
As outlined above, the Cannabis Ordinance Project permits the commercial sale, distribution, manufacture and cultivation of cannabis and cannabis products within the City by permitting up to three cannabis retailers or microbusinesses. A cannabis microbusiness means a commercial cannabis business comprised of at least three out of the following four uses on the same premises:
(1) a cannabis retailer, (2) a manufacturer, (3) a cultivation site with canopy space of less than 10,000 square feet, and (4) a cannabis distributor. To qualify as a cannabis microbusiness, the cannabis business must engage in a minimum of three out of the four above referenced uses. A cannabis microbusiness shall comply with the development standards for each component of the business. For example, if a cannabis microbusiness is comprised of a cultivation site, distributor and cannabis retailers, then it shall comply with the development standards for each of those uses.
Cannabis Cultivation
Outdoor commercial cultivation is prohibited within the City. Indoor commercial cultivation shall not exceed 10,000 square feet of cultivation area which shall comply with licensing requirements established by the California Department of Cannabis Control. The secure area shall be fully enclosed within a minimum 6-foot-tall fence or wall. All loading, unloading and distribution areas shall be screened from view from the right of way by the building or solid masonry wall no less than 6 feet. All pesticides and fertilizers shall be properly labeled and stored to avoid contamination through erosion, leakage or inadvertent damage. The cultivation of cannabis shall at all times be operated with all applicable state and local laws and shall be operated in such a way to ensure the health, safety, and welfare of the public, the employees working at the cultivation site, visitors to the area, neighboring properties, and the end users of the cannabis being cultivated, to protect the environment from harm; to ensure the security of the cannabis being cultivated; and to safeguard against the diversion of cannabis. The operations plan identified in Section 17.84.040(F) shall include a cultivation plan that meets or exceeds minimum legal standards for water usage, conservation and use; drainage, runoff, and erosion control; watershed and habitat protection; and proper storage of fertilizers, pesticides, and other regulated products to be used on the site, a description of the cultivation activities and schedule of activities during each month of growing and harvesting, or explanation of growth cycles and anticipated harvesting schedules for all-season harvesting. The operations plan shall also include a description of a legal water source, irrigation plan, and projected water use and identify the source of electrical power and plan for compliance with applicable buildings codes and related codes. The operations plan shall also address public nuisances that may derive from the cultivation site.
Cannabis Manufacturing
The manufacture of cannabis products shall be undertaken in a manner that ensures the health, safety, and welfare of the public, the employees of the cannabis business, visitors, and neighboring properties, and must be in full compliance with State law. It is unlawful for any person under the age of 21 to be present within the area where the manufacture of cannabis products is occurring. It is unlawful for any person to employ another person under the age of 21 at a cannabis manufacturing facility. Entrances into any area where cannabis products are made,
2. Project Description
City of Covina’s Local Cannabis Program Ordinance Project 2-10 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 stored, or kept must be locked at all times with entry strictly controlled. The specifics of such entry system must be set forth in the operations plan. It is unlawful for the manufacturing site to open to the public.
Cannabis Distribution
The transportation safety standard, in addition to those imposed by the State of California, shall be approved by the Chief of Police including without limitations, the type of vehicles in which cannabis or cannabis product may be distributed, and minimal qualifications for persons eligible to operate such vehicles. A list of make, model, and license plate of all vehicles used for distribution shall be registered with the CPD before a vehicle may be used to transport cannabis and cannabis products.
Cannabis Retailers
No cannabis retailer that sells adult-use cannabis and cannabis products shall be open to the public between the hours of 9:00 p.m. to 9:00 a.m. Pursuant to SB 1186, the City will not be restricting the hours of operation of a cannabis retailer that sells medicinal cannabis or medicinal cannabis products. Cannabis retailers shall verify the age and all necessary documentation of each individual to ensure the customer is not under the age of 18 years. If the customer is 18 to 20 years old, a cannabis retailer shall confirm the customer’s possession of a valid doctor’s recommendation and/or Health and Safety Code Section 11362.71 identification card (Medical Marijuana Card). For adult-use purchases, cannabis retailers shall verify that all customers are 21 years of age or older for the purchase of cannabis or cannabis products. Cannabis retailers may have only that quantity of cannabis and cannabis products to meet the daily demand readily available for sale on-site in the retail sales area of the retailer. Additional product may be stored in a secured, locked area to which customers, vendors, and visitors shall not have access. All restroom facilities shall remain locked and under the control of management. Cannabis retailers shall record point-of-sale areas and areas where cannabis goods are displayed for sale on the video surveillance system. At each point-of-sale location, camera placement must allow for the recording of the facial features of any person purchasing or selling cannabis goods, or any person in the retail area, with sufficient clarity to determine identity. A cannabis retailer shall establish limited-access areas and permit only authorized individuals to enter the limited-access areas.
Authorized individuals include individuals employed by the cannabis retailer as well as any outside vendors, contractors, or other individuals conducting business that requires access to the limited access area. All individuals granted access to the limited access area shall be at least 21 years of age, and if not employed by the cannabis retailer, shall be escorted at all times by an employee of that permittee. A cannabis retailer shall maintain a log of all individuals who are not employees who are granted access to the limited access area. These logs shall be made available to the City Manager, Police Chief, or their designees upon request.
Cannabis Delivery
Prior to commencing delivery operations, a cannabis retailer shall provide the following information to the City: (1) proof of ownership of the vehicle or a valid lease for any and all vehicles that will be used to deliver cannabis or cannabis products; (2) the year, make, model,
2. Project Description
City of Covina’s Local Cannabis Program Ordinance Project 2-11 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 color, license plate number, and numerical vehicle identification number (VIN) for any and all vehicles that will be used to deliver cannabis good; (3) proof of insurance for any and all vehicles being used to deliver cannabis goods; and (4) the cannabis business shall provide the City with the information required above in writing for any new vehicle that will be used to deliver cannabis goods prior to using the vehicle to deliver cannabis good.
Cannabis Security
A cannabis business shall implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing cannabis or cannabis products and to deter and prevent the theft of cannabis or cannabis products at the cannabis business. The specific security measures shall be identified in the operations plan. Except as may otherwise be determined by the City Manager, these security measures shall include, but shall not be limited to, all of the following:
• Perimeter fencing and exterior lighting systems (including motion sensors) for after-hours security shall be provided as approved by the Police Chief and/or the Community Development Director.
• Preventing individuals from remaining on the premises of the cannabis business if they are not engaging in an activity directly related to the permitted operations of the cannabis business. In cases in which the individual will not voluntarily leave the premises, the cannabis employee shall contact the CPD.
• Establishing limited access areas accessible only to authorized cannabis business personnel. • All finished cannabis goods at non-retail cannabis businesses shall be stored in secured and locked vault or vault-equivalent during non-operating hours. All safes and vaults used to store cash and/or cannabis goods shall be burglary-resistant and fire-resistant. All cannabis and cannabis products, including live clone plants that are being sold, shall be kept in a manner as to prevent diversion, theft, and loss.
• Sensors shall be installed to detect entry and exit from all secure areas and shall be monitored in real time by a security company licenses by the State of California Bureau of Security and Investigative Services.
• Panic buttons shall be installed in all cannabis businesses with direct notification to the CPD dispatch and shall be configured to immediately alert dispatch for the CPD. • A professional installed, maintained, and monitored real-time alarm systems shall be installed by a security company licensed by the State of California Bureau of Security and Investigative Services. The cannabis business shall maintain up-to date records and existing contracts on the premises that describe the location and operation of each security alarm system, a schematic of security zones, the name of the licensed alarm company, and the name of any vendor monitoring the premises.
• A cannabis business shall only use commercial-grade, nonresidential door locks. • Any security measures, such as bars, installed on the windows or the doors of the cannabis business shall be installed only on the interior of the building. • Security personnel shall be on-site 24 hours a day and must have a verified responses security patrol when closed. Security personnel must be licenses by the State of California Bureau of Security and Investigative Services personnel and shall be subject to the prior review and approval of the Police Chief, with such approval not to be unreasonable withheld.
2. Project Description
City of Covina’s Local Cannabis Program Ordinance Project 2-12 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 • Cannabis businesses shall have the capability to remain secure during a power outage and shall ensure that all access doors are not solely controlled by an electronic access panel to ensure that locks are not released during a power outage. • Entrance areas are to be locked at all times and under the control of a designated responsible party that is either; (a) an employee of the cannabis; or (b) a licensed security professional • Each cannabis business shall have an accounting software system in place to provide pointof-sale data as well as audit trails of both product and cash, where applicable. • Each cannabis business shall demonstrate to the Police Chief, City Manager or their designees, compliance with the State’s track and trace system for cannabis and cannabis products.
• Exterior vegetation shall be planted, altered and maintained in a fashion that precludes its use as a hiding place for persons on the premises.
• Emergency access and emergency evacuation plans that are in compliance with state and local fire safety standards.
• Installation of “mosquitos” (high-pitch frequency devices) as a deterrent to vandalism/loitering.
• The cannabis business shall install 24-hour security video surveillance cameras of at least high-definition (HD) quality with a night vision capability, and must record in color. • Each cannabis business shall identify a designed security representative/liaison to the City, who shall be reasonably available to meet with the City Manager regarding any security related measures and/or operational issues. The designated security representative/liaison shall, on behalf of the cannabis business, annually maintain a copy of the current operations plans, that shall include a security plan, on the premises of the business, to present to the City Manager.
Cannabis Permit and Approval Requirements
As mentioned above, the future cannabis businesses associated with the Project would be required to obtain all applicable permits and approvals, which include a cannabis conditional use permit (CUP) to operate a future cannabis business within the specified commercial and light industrial zones, a cannabis regulatory permit, a cannabis business license, a cannabis state cannabis license, a development agreement, and approval of an operations plan. Before commencing any commercial cannabis activity and as a condition of issuance of a CUP, an applicant shall enter into a development agreement with the City setting forth the terms and conditions under which the cannabis business will operate. These conditions shall include, but not be limited to, public outreach and education, payment of community benefit fees and other charges as mutually agreed upon, approval of architectural plans (including site plan, floor plan, and elevation), provisions for termination of the agreement or invalidation or revocation of the CUP, indemnification of the City and all officials and employees thereof from actions of third parties, including but not limited to, enforcement of conflicts between State and Federal law, or actions challenging the issuance of a permit to the cannabis business, and such other terms and conditions that will protect and promote the public health, safety, and welfare of all persons in the City. Before commencing any commercial cannabis activity, the cannabis business shall submit an operations plan for review and approval to the Community Development and Chief of Police. The operations
2. Project Description
City of Covina’s Local Cannabis Program Ordinance Project 2-13 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 plan shall address the following: the security measures that will be implemented to protect the customers and employees as well as the general community; water preservation; financial record keeping; procedures for safely and securely storing and transporting cannabis and cannabis products, and any hazardous materials that may be used by the business; how currently will be stored and taken off-site; and any other information required by the Community Development Director and Chief of Police. A recommendation from the City’s Planning Commission and approval from the City Council would be required for issuance of a CUP. If warranted, conditions of approval could be imposed on the use by the City specific to the future cannabis business.
During the CUP process, applicants would be required to demonstrate consistency with all applicable City Codes, standards, and requirements as well as be required to demonstrate consistency with CEQA, as applicable. All environmental impacts associated with implementation of future cannabis businesses would be evaluated during the project entitlement process, which would also include the CUP process.
2.5 Project Approvals
The City of Covina, as Lead Agency for the Project, has discretionary authority over the Project.
Refer to Table 2-3, Project Approvals, for the anticipated required review and approvals for the Project. It should be noted that the approvals listed in Table 2-2 apply only to the adoption of the Cannabis Ordinance Project and does not include the project-specific approvals and permits required for to develop the future cannabis businesses associated with the Project.
TABLE 2-3
PROJECT APPROVALS
Agency Action
City of Covina • Certification of the IS/MND.
• Adoption of the City of Covina’s Local Cannabis Program Ordinance, consisting of amendments to Municipal Code Title 5, Business Licenses and Regulations, Chapter 5.80, Cannabis Regulatory Ordinance to Permit Local Cannabis Businesses and Title 17, Zoning, Chapter 17.84, Cannabis Prohibitions and Regulations.
SOURCE: City of Covina, September 2022.
2. Project Description
City of Covina’s Local Cannabis Program Ordinance Project 2-14 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 This page intentionally left blank
City of Covina’s Local Cannabis Program Ordinance Project 3-1 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 SECTION 3
Initial Study/Environmental Checklist
1. Project Title: City of Covina’s Local Cannabis Program Ordinance Project
2. Lead Agency Name and Address: City of Covina, Community Development Department, 125 E. College Street, Covina, CA
91723
3. Contact Person and Phone Number: Brian K. Lee, AICP, Community Development Director (626) 384-5450
4. Project Location: Regionally, the Project is located in the City of Covina within the San Gabriel Valley of Los
Angeles County. The surrounding jurisdictions
include Duarte, Azusa, and Glendora to the
north, San Dimas to the east, West Covina to
the south, and Irwindale and Baldwin Park to
west and pockets of Los Angeles County
Unincorporated Areas adjacent and within city
limits. Locally, the Project would permit up to
three future cannabis businesses within
specified commercial or light industrial zones
that meet the development criteria established
in the Cannabis Ordinance Project. However,
no specific development project is proposed at
this time in connection with the Cannabis
Ordinance Project.
5. Project Sponsor’s Name and Address: City of Covina, Community Development Department, 125 E. College Street, Covina,
CA 91723
6. General Plan Designation(s): The existing general plan designations for future cannabis businesses consist of
Commercial and Light Industrial.
7. Zoning: The existing zoning designations for future
cannabis retailers consist of C-3 (Central
Business), C-3A (Regional or Commercial
Shopping Center), C-4 (Commercial Zone,
Highway), and C-5 (Specified Highway), and
future cannabis microbusinesses consist of M-1
(Industrial Zone).
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-2 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023
8. Description of Project:
The City proposes to amend the City’s Municipal Code and Zoning Code to allow for the commercial sale, distribution, manufacture and cultivation of cannabis and cannabis products within the City by permitting up to three future cannabis businesses. The Cannabis Ordinance Project would amend Municipal Code Title 5, Business Licenses and Regulations, to add a new Chapter 5.80 to Permit Local Cannabis Businesses, to establish the future cannabis business permit regulations and amend Title 17, Zoning, to add a new Chapter 17.84, Cannabis Prohibitions and Regulations, to establish the applicable zoning prohibitions and regulations for the future cannabis businesses. The amendments to the Zoning Code would require future cannabis businesses to be located within specified commercial or light industrial zones located at least 600 feet from schools, youth centers, daycare centers, and parks. The Cannabis Ordinance Project does not permit future cannabis businesses within residential zones. Specifically, the Cannabis Ordinance Project would permit development of the future cannabis retailers within potential parcels designated as C-3 (Central Business), C-3A (Regional or Community Shopping Center), C-4 (Commercial Zone, Highway) and C-5 (Specified Highway), and future cannabis microbusinesses within potential parcels designated as M-1 (Industrial Zone). It is anticipated that development of the future cannabis businesses including cultivation of cannabis on less than 10,000 square feet associated with the Project would primarily locate within existing structures and require minor renovation activities or extensive interior upgrades or modifications (i.e., upgrades to electrical, lighting, irrigation, ventilation, refrigeration), or to a lesser extent, be considered infill development or redevelopment within previously developed lots. Because of the limited amount of vacant land as well as the limited number of future cannabis businesses that could result from Project implementation, it is likely that any such construction of infill development or redevelopment would be limited in scale.
9. Surrounding Land Uses and Setting.
The existing setting of the potential parcels for the future cannabis businesses are developed lots generally comprising of commercial or light industrial uses, asphalt surface parking lots, and ornamental landscaping and trees. The City’s commercial and light industrial areas are primarily concentrated around major thoroughfares with more concentrated development in larger retail centers. While surrounding land uses would be specific to the potential parcels for future cannabis businesses associated with the Project, typical surrounding land uses would be primarily comprised of commercial and light industrial uses.
10. Other public agencies whose approval is required
None
11. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.?
Yes, the City conducted consultation with California Native American tribes pursuant to Assembly Bill (AB) 52 to identify tribal cultural resources in or near the potential parcels of the future cannabis businesses. On August 16, 2022, the City sent notification letters via email to the designated representative of one California Native American tribe (Gabrieleno Band of Mission
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-3 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 Indians – Kizh Nation). At the time of drafting this IS/MND, the City had not received a response from the tribe.
3.1 Environmental Factors Potentially Affected
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact” as indicated by the checklist on the following pages.
☐ Aesthetics ☐ Agriculture and Forestry Resources ☐ Air Quality ☒ Biological Resources ☒ Cultural Resources ☐ Energy
☒ Geology/Soils ☐ Greenhouse Gas Emissions ☒ Hazards & Hazardous Materials ☐ Hydrology/Water Quality ☐ Land Use/Planning ☐ Mineral Resources ☐ Noise ☐ Population/Housing ☐ Public Services
☐ Recreation ☐ Transportation ☐ Tribal Cultural Resources ☐ Utilities/Service Systems ☐ Wildfire ☐ Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency)
On the basis of this initial study:
☐ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.
☒ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
☐ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.
☐ I find that the proposed project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ☐ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.
Signature Date
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-4 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023
3.2 Environmental Checklist
Aesthetics
Issues (and Supporting Information Sources):
Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Incorporated
Less Than
Significant
Impact No Impact
I. AESTHETICS — Except as provided in Public
Resources Code Section 21099, would the project:
a) Have a substantial adverse effect on a scenic vista? ☐ ☐ ☒ ☐ b) Substantially damage scenic resources, including,
but not limited to, trees, rock outcroppings, and
historic buildings within a state scenic highway?
☐ ☐ ☒ ☐
c) In non-urbanized areas, substantially degrade the
existing visual character or quality of public views of the site and its surroundings? (Public views are
those that are experienced from publicly accessible
vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and
other regulations governing scenic quality?
☐ ☐ ☒ ☐
d) Create a new source of substantial light or glare
which would adversely affect daytime or nighttime
views in the area?
☐ ☐ ☒ ☐
Discussion
Would the Project:
a) Have a substantial adverse effect on a scenic vista? Less than Significant Impact. Scenic vistas consist of expansive, panoramic views of important, unique, or highly valued visual features that are seen from public viewing areas. This definition combines visual quality with information about view exposure to describe the level of interest or concern that viewers may have for the quality of a particular view or visual setting. A scenic vista can be impacted in two ways: a development project can have visual impacts by either directly diminishing the scenic quality of the vista or by blocking the view corridors or “vista” of the scenic resource. Important factors in determining whether a proposed project would block scenic vistas include the project’s proposed height, mass, and location relative to surrounding land uses and travel corridors.
The City’s General Plan Natural Resources and Open Space Element does not designate any scenic vistas within the City (Covina, 2000). However, the City is located near the foot of the San Gabriel Mountains, which are considered a prominent visual resource. The potential parcels for future cannabis businesses are located within highly urbanized areas of the City. The potential parcels are developed lots generally comprising of commercial and light industrial uses, asphalt surface parking lots, and ornamental landscaping and trees. Intermittent long-range views of the San Gabriel Mountains can be seen across the potential parcels in between existing buildings, fencing, and trees from the surrounding roadways, but the majority of these views are obstructed due to the existing structures, trees, and the relatively flat topography of the potential parcels. No mitigation is required.
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-5 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 The City proposes to amend the City’s Municipal Code and Zoning Code to allow for the commercial sale, cultivation, manufacture and distribution of cannabis and cannabis products within the City by permitting up to three future cannabis retailers or microbusinesses. It is anticipated that development of the future cannabis businesses including cultivation on less than 10,000 square feet associated with the Project would primarily locate within existing structures and require minor renovation activities or extensive interior upgrades or modifications (i.e., upgrades to electrical, lighting, irrigation, ventilation, refrigeration), or to a lesser extent, be considered infill or redevelopment and would likely replace an existing building of similar type and intensity, thereby not substantially altering the current land use intensity or land use patterns within the City. The purpose of the Cannabis Ordinance Project is to establish the applicable prohibitions and regulations for the future cannabis businesses. The Project itself would not result in direct impacts to scenic vistas. The Cannabis Ordinance Project applies on an as-requested, project-by-project basis. As such, the types and sizes of future cannabis businesses associated with the Project cannot be determined until specific projects have been proposed and submitted to the City. Compliance with the City’s amended Municipal Code and Zoning Code for future cannabis businesses associated with the Project would ensure that views of scenic resources, including views of the San Gabriel Mountains, would be preserved. As such, the Project would not result in a substantial adverse effect on a scenic vista, and impacts would be less than significant. No mitigation is required.
b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? Less than Significant Impact. The potential parcels for the future cannabis businesses are located in a highly urbanized areas of the City. The potential parcels are developed lots generally comprising of commercial and light industrial uses, asphalt surface parking lots, and ornamental landscaping and trees. The potential parcels are not located in the vicinity of a City or statedesignated scenic highway. The nearest officially designated state scenic highway, State Route 2 (SR-2), is located in the San Gabriel Mountains and would not be visible to motorists (California Department of Transportation [Caltrans], 2020). The potential parcels do not contain any rock outcroppings or historical buildings. As the Project is not located in the vicinity of a state scenic highway, no historical buildings would be substantially damaged with implementation of the Project. Vegetation on the potential parcels generally consists of a mix of ornamental landscaping and trees. The Project would comply with applicable provisions pertaining to the removal and replacement of trees per Chapter 17.83, Tree Preservation, of the City’s Municipal Code (Covina, 2022). Overall, based on the above, the Project would not substantially damage scenic resources located within the vicinity of a scenic highway and a less than significant impact would occur. No mitigation is required.
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-6 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 c) In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality?
Less than Significant Impact. The potential parcels for the future cannabis businesses are located in a highly urbanized areas of the City. The potential parcels are developed lots generally comprising of commercial and light industrial uses, asphalt surface parking lots, and ornamental landscaping and trees. Construction activities associated with the future cannabis businesses associated with the Project would require the use of construction equipment and storage of materials on-site, thus introducing contrasting features into the visual landscape that affect the visual quality of the potential parcels and immediate vicinity. Contrasting features could include demolition materials, excavated areas, stockpiles, and other materials generated and stored on-site during construction. However, adverse effects to visual character associated with future Project construction would be temporary.
The City proposes to amend the City’s Municipal Code and Zoning Code to allow for the commercial sale, cultivation, manufacture and distribution of cannabis and cannabis products within the City by permitting up to three future cannabis businesses. It is anticipated that development of the future cannabis businesses including cultivation of cannabis on less than 10,000 square feet associated with the Project would primarily locate within existing structures and require minor renovation activities or extensive interior upgrades or modifications (i.e., upgrades to electrical, lighting, irrigation, ventilation, refrigeration), or to a lesser extent, be considered infill or redevelopment and would likely replace an existing building of similar type and intensity, thereby not substantially altering the current land use intensity or land use patterns within the City. As discussed above, the purpose of the Cannabis Ordinance Project is to establish the applicable prohibitions and regulations for the future cannabis businesses. Future cannabis businesses would be subject to review by the City to ensure that design of the proposed development is consistent will all applicable design requirements, objective standards, and regulations set forth in the City’s Municipal Code and Zoning Code. As such, a less than significant impact would occur in this regard. No mitigation is required. d) Create a new source of substantial light or glare which would adversely affect daytime or nighttime views in the area?
Less than Significant Impact. The potential parcels for the future cannabis businesses are located in highly urbanized areas of the City predominantly developed with commercial and light industrial uses, asphalt surface parking lots, and ornamental landscaping and trees. The Project vicinities exhibit considerable ambient nighttime illumination levels due to the densely developed nature of surrounding areas and adjacent properties. Artificial light sources from the on-site uses and other surrounding properties include interior and exterior lighting for security, parking lot lighting, and incidental landscape lighting. Automobile headings, streetlights, and stoplights for visibility and safety purposes along adjacent roadways contribute to overall ambient lighting levels as well.
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-7 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 Security lighting used during construction of the future cannabis businesses associated with the Project, if necessary, could introduce new sources of light to the potential parcels and the immediate vicinities. If security lighting is needed, it can be shielded and directed away from surrounding light-sensitive land uses. Further, construction of the future cannabis businesses would not occur during evening hours. Temporary impacts associated with light during future construction activities would be less than significant.
The City proposes to amend the City’s Municipal Code and Zoning Code to allow for the commercial sale, cultivation, manufacture and distribution of cannabis and cannabis products within the City by permitting up to three future cannabis businesses. The purpose of the Cannabis Ordinance Project is to establish the applicable prohibitions and regulations for the future cannabis businesses. The Project itself would not result in direct impacts to light. Future cannabis businesses associated with the Project would be required to submit a lighting plan for review and approval by the City as part of the site plan review process. Further, all proposed outdoor lighting would be subject to applicable regulations contained within the City’s Municipal Code.
Compliance with these regulations would ensure that operational impacts regarding Project lighting would be less than significant. No mitigation is required.
References
Caltrans (California Department of Transportation). 2020. California Department of Transportation, List of Eligible and Officially Designated State Scenic Highways. Available at https://dot.ca.gov/programs/design/lap-landscape-architecture-and-community-livability/lapliv-i-scenic-highways. Accessed September 2022.
City of Covina. 2000. City of Covina’s General Plan, Natural Resources and Open Space Element, adopted April 18, 2000.
City of Covina. 2022. City of Covina Municipal Code, passed January 18, 2022, https://www.codepublishing.com/CA/Covina/. Accessed September 2022.
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-8 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 Agriculture and Forestry Resources
Issues (and Supporting Information Sources):
Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Incorporated
Less Than
Significant
Impact No Impact
II. AGRICULTURE AND FORESTRY RESOURCES —
In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project:
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of the
California Resources Agency, to non-agricultural
use?
☐ ☐ ☐ ☒
b) Conflict with existing zoning for agricultural use, or a Williamson Act contract?
☐ ☐ ☐ ☒
c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code
section 12220(g)), timberland (as defined by Public
Resources Code section 4526), or timberland zoned
Timberland Production (as defined by Government
Code section 51104(g))?
☐ ☐ ☐ ☒
d) Result in the loss of forest land or conversion of
forest land to non-forest use?
☐ ☐ ☐ ☒
e) Involve other changes in the existing environment
which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or
conversion of forest land to non-forest use?
☐ ☐ ☐ ☒
Discussion
Would the Project:
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use?
No Impact. The potential parcels for the future cannabis businesses are located in highly urbanized areas of the City which are predominately developed with commercial and light industrial uses, asphalt surface parking lots, and ornamental landscaping and trees. According to the City’s General Plan Natural Resources and Open Space Element, the City is approximately 99 percent built out and does not contain usable agricultural soils or important agricultural areas (Covina, 2000). Further, the potential parcels do not contain agricultural uses or related operations and are not designated Prime Farmland, Unique Farmland, or Farmland of Statewide Importance as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program (California Department of Conservation [DOC], 2020). Therefore, implementation of the Project and the associated future cannabis businesses would not convert Prime Farmland,
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-9 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 Unique Farmland, or Farmland of Statewide Importance to non-agricultural uses. No impact would occur in this regard.
b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? No Impact. The potential parcels for the future cannabis businesses are currently developed generally comprising of commercial and light industrial uses, asphalt surface parking lots, and ornamental landscaping and trees. The Cannabis Ordinance Project would permit development of the future cannabis retailers within potential parcels designated as C-3 (Central Business), C-3A (Regional or Community Shopping Center), C-4 (Commercial Zone, Highway) and C-5 (Specified Highway), and future cannabis microbusinesses within potential parcels designated as M-1 (Industrial Zone). No portions of the potential parcels or surrounding land uses are zoned for agriculture and no nearby lands are enrolled under the Williamson Act. As discussed above, the City is approximately 99 percent built out and does not contain usable agricultural soils or important agricultural areas (Covina, 2000). As such, implementation of the Project and the associated future cannabis businesses would not conflict with existing zoning for agricultural uses or a Williamson Act Contract and no impact would occur in this regard. c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))?
No Impact. The Cannabis Ordinance Project would permit development of the future cannabis retailers within potential parcels designated as C-3 (Central Business), C-3A (Regional or Community Shopping Center), C-4 (Commercial Zone, Highway) and C-5 (Specified Highway), and future cannabis microbusinesses within potential parcels designated as M-1 (Industrial Zone).
The potential parcels for the future cannabis businesses are located in highly urbanized areas of the City which are predominately developed with commercial and light industrial uses, asphalt surface parking lots, and ornamental landscaping and trees. No forest land or land zoned for timberland is present on the potential parcels or in the surrounding areas. According to the City’s Natural Resources and Open Space Element, the City is approximately 99 percent built out and does not contain any forests (Covina, 2000). As such, implementation of the Project and the associated future cannabis businesses would not conflict with existing zoning for forest land or timberland and no impact would occur in this regard.
d) Result in the loss of forestland or conversion of forestland to non-forest use? No Impact. The potential parcels for the future cannabis businesses are currently developed generally comprising of commercial and light industrial uses, asphalt surface parking lots, and ornamental landscaping and trees. No forest land exists on the potential parcels or in the surrounding areas. As discussed above in Response II.c, the City is approximately 99 percent built out and does not contain any forests (Covina, 2000). As such, implementation of the Project and the associated future cannabis businesses would not result in the loss of forestland or the conversion of forestland to non-forest use. No impact would occur in this regard.
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-10 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forestland to non-forest use?
No Impact. Since there are no agricultural or forest uses or related operations in or near the City, the Project would not involve the conversion of farmland or forestland to other uses, either directly or indirectly. Therefore, no impacts to agricultural land or uses would occur.
References
City of Covina. 2000. City of Covina’s General Plan, Natural Resources and Open Space Element, adopted April 18, 2000.
DOC (California Department of Conservation). 2020. California Department of Conservation, California Important Farmland Finder, https://maps.conservation.ca.gov/dlrp/ciff/.
Accessed September 2022.
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-11 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 Air Quality
Issues (and Supporting Information Sources):
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
III. AIR QUALITY —
Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations. Would the project:
a) Conflict with or obstruct implementation of the
applicable air quality plan?
☐ ☐ ☒ ☐
b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is
non-attainment under an applicable federal or state
ambient air quality standard?
☐ ☐ ☒ ☐
c) Expose sensitive receptors to substantial pollutant
concentrations?
☐ ☐ ☒ ☐
d) Result in other emissions (such as those leading to
odors) adversely affecting a substantial number of
people?
☐ ☐ ☒ ☐
Discussion
Would the Project:
a) Conflict with or obstruct implementation of the applicable air quality plan? Less Than Significant Impact. The City is located within the 6,745-square-mile South Coast Air Basin (SoCAB). Air quality planning for the SoCAB is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). The Project would be subject to the SCAQMD’s Air Quality Management Plan (AQMP), which contains a comprehensive list of pollution control strategies directed at reducing emissions and achieving ambient air quality standards. These strategies are developed, in part, based on regional population, housing, and employment projections prepared by the Southern California Association of Governments (SCAG). In accordance with SCAQMD’s CEQA Air Quality Handbook, Chapter 12, the following criteria are required to be addressed to determine the Project’s consistency with the applicable SCAQMD AQMP:
• Criterion 1: Will the Project result in any of the following:
– An increase in the frequency or severity of existing air quality violations; or – Cause or contribute to new air quality violations; or – Delay timely attainment of air quality standards or the interim emission reductions specified in the AQMP.
• Criterion 2: Will the Project exceed the assumptions utilized in preparing the AQMP.
Although it is anticipated that the future cannabis businesses including cultivation of cannabis on less than 10,000 square feet associated with the Project would primarily locate within existing structures and require minor renovation activities or extensive interior upgrades or modifications (i.e., upgrades to electrical, lighting, irrigation, ventilation, refrigeration), the Project would authorize uses which may result in some degree of future construction activities which could
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-12 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 result in short-term construction-related air emissions. However, because of the limited amount of vacant land as well as the limited number of future cannabis businesses that could result from Project implementation, it is likely that any such construction of infill development or redevelopment would be limited in scale. Thus, it is unlikely that new development related to the future cannabis businesses associated with the Project would result in a level of development that would generate construction air emissions that would exceed adopted significance thresholds for construction-related emissions. As such, it is unlikely that new development related to the future cannabis businesses associated with the Project would cause an increase in the frequency or severity of existing air quality violations or cause or contribute to new air quality violations.
All construction activities, even minor renovation activities or extensive interior upgrades or modifications (i.e., upgrades to electrical, lighting, irrigation, ventilation, refrigeration), would be required to comply with California Air Resources Board (CARB) and SCAQMD regulations and rules regarding fugitive dust control and minimizing exhaust emissions. These regulations and rules, which are incorporated as control strategies in the 2016 AQMP, include using dust suppression techniques (e.g., watering disturbed areas), limiting heavy-duty truck idling to 5 minutes or less, and using construction contractors with construction equipment fleets that are in compliance with the State’s heavy-duty equipment regulation to minimize ozone precursor and particulate matter emissions. Accordingly, it is not anticipated that the Project would result in future development that would delay timely attainment of air quality standards or the interim emission reductions specified in the 2016 AQMP. Furthermore, if new development were to occur, such activities would be subject to applicable code requirements and City approval processes.
During operation of the future cannabis businesses associated with the Project, emissions from vehicles used for retail deliveries, product transportation, employee trips, and customer/visitor traffic would occur. The Project would permit up to three future cannabis businesses including cultivation of cannabis on less than 10,000 square feet within specified commercial or light industrial zones that meet the development criteria established in the Cannabis Ordinance Project.
However, no specific development project is proposed at this time in connection with the Cannabis Ordinance Project. Thus, the number of such facilities would be limited by the City and the uses would be similar to other types of permitted retail and manufacturing uses. Employees would be generated by the future cannabis businesses associated with the Project, similar to other commercial and light industrial uses within the specified commercial or light industrial zones in the Cannabis Ordinance Project. It is anticipated that development of the future cannabis businesses would primarily locate within existing structures, or to a lesser extent, consist of infill development or redevelopment, thereby replacing a use that currently generates employees. The Project would not amend General Plan designations and therefore, would not change regional growth projections. While precise employment numbers are not available, the net growth in employment that would result from the Project would be within the SCAG growth projections, which are incorporated into the 2016 AQMP. As such, the Project would not induce substantial population growth in the area either directly or indirectly beyond the SCAG growth projection that are incorporated into the 2016 AQMP.
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-13 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 As required by the Project, retail uses would require a CUP at which time a detailed analysis, including air quality, could be required if it were determined that the proposed use warranted such an analysis.
The Cannabis Ordinance Project, which establishes the applicable prohibitions and regulations for future cannabis retailers and provides the potential parcels for future sites (refer to Figure 2-2), would permit cannabis businesses only in the C-3 (Central Business), C-3A (Regional or Commercial Shopping Centers), C-4 (Commercial Zone, Highway) and C-5 (Specified Highway), and future cannabis microbusinesses within M-1 (Industrial Zone) zones. The amendments to the Zoning Code would require future cannabis businesses to be located within specified commercial or light industrial zones located at least 600 feet from schools, youth centers, daycare centers, and parks. The Cannabis Ordinance Project does not permit future cannabis businesses within residential zones. The permitted zoning restrictions and inclusion of 600-feet buffer distance for would render it unlikely that new development related to future cannabis businesses associated with the Project would cause an increase in the frequency or severity of existing air quality violations or cause or contribute to new air quality violations.
Therefore, impacts to air quality from construction and operational emissions as a result of implementation of the Project are considered negligible in relation to baseline conditions and are not expected to result in non-compliance with the adopted 2016 AQMP. Therefore, impacts would be less than significant.
b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard?
Less Than Significant Impact. As indicated above, the City is located within the SoCAB, which is characterized by relatively poor air quality. The City is located in the SCAQMD’s Source Receptor Area (SRA) 9, which is comprised of the East San Gabriel Valley within the northeast non-desert portion of Los Angeles County. State and federal air quality standards are often exceeded in many parts of the SoCAB, including monitoring stations within SRA 9. The purpose of the Cannabis Ordinance Project is to establish the applicable prohibitions and regulations for the future cannabis businesses. The Cannabis Ordinance Project would permit development of the future cannabis retailers within potential parcels designated as C-3 (Central Business), C-3A (Regional or Commercial Shopping Centers), C-4 (Commercial Zone, Highway) and C-5 (Specified Highway), and future cannabis microbusinesses including cultivation of cannabis on less than 10,000 square feet within potential parcels designated as M-1 (Industrial Zone). The amendments to the Zoning Code would require future cannabis businesses to be located within specified commercial or light industrial zones located at least 600 feet from schools, youth centers, daycare centers, and parks. The Cannabis Ordinance Project does not permit future cannabis businesses within residential zones. The Project could result in development that would contribute to local and regional short-term or temporary construction related air pollutant emissions. It is anticipated that cannabis businesses including cultivation of cannabis on less than 10,000 square feet associated with the Project would primarily locate within existing structures and require minor renovations, and that limited, if any, construction activities would occur. Thus, it is unlikely that new development related to future cannabis businesses associated with the
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-14 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 Project would result in a level of development that would generate construction air emissions that would exceed adopted significance thresholds for construction-related emissions.
Operation of future cannabis businesses would result in long-term occupancy and associated air emissions. However, future cannabis businesses would be limited in number and location, would be dispersed throughout the City, and would be similar to other permitted retail and light industrial uses. Furthermore, the Project would not change regional growth projections and as such, would not be expected to result in a substantial net increase in vehicle miles traveled and related emissions and would not result in a level of development that would generate operational air emissions that would exceed adopted significance thresholds for operational-related emissions.
The SCAQMD’s approach for assessing cumulative impacts is based on attainment of ambient air quality standards in accordance with the requirements of the Federal Clean Air Act and California Clean Air Act. The Federal and California Clean Air Act establish the National Ambient Air Quality Standards (NAAQS) and California Ambient Air Quality Standards (CAAQS) respectively. In order to meet the CAAQS and NAAQS in the basin, the SCAQMD has adopted a series of AQMPs. The SCAQMD has developed a comprehensive plan, the 2016 AQMP, which addresses the region’s cumulative air quality condition.
A significant impact may occur if a Project were to add a cumulatively considerable contribution of a federal or state non-attainment pollutant. Because the SoCAB is currently in nonattainment for ozone, PM10 and PM2.5, related projects could cause ambient concentrations to exceed an air quality standard or contribute to an existing or projected air quality exceedance. Cumulative impacts to air quality are evaluated using thresholds for CEQA and the SCAQMD. In particular, State CEQA Guidelines Sections 15064(h)(3) provides guidance in determining the significance of cumulative impacts. Specifically, Section 15064(h)(3) states in part that:
“A lead agency may determine that a project’s incremental contribution to a cumulative effect is not cumulatively considerable if the project will comply with the requirements in a previously approved plan or mitigation program which provides specific requirements that will avoid or substantially lessen the cumulative problem (e.g., water quality control plan, air quality plan, integrated waste management plan) within the geographic area in which the project is located.
Such plans or programs must be specified in law or adopted by the public agency with jurisdiction over the affected resources through a public review process to implement, interpret, or make specific the law enforced or administered by the public agency…” For purposes of the cumulative air quality analysis with respect to State CEQA Guidelines Section 15064(h)(3), the Project’s incremental contribution to cumulative air quality impacts is determined based on compliance with the SCAQMD adopted 2016 AQMP. Projects which are consistent with the AQMP would also be consistent with the AQMD’s goals for meeting ambient air quality standards. As discussed under Response II.a, the Project would not conflict with the 2016 AQMP. In addition, a project would be cumulatively considerable if the project’s emissions exceed the SCAQMD daily significance thresholds. As discussed above, the Project would not result in a level of development that would generate construction or operational air emissions that would exceed adopted significance thresholds for construction- or operational-related emissions.
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-15 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 As such, the Project would not result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard and impacts would be less than significant. c) Expose sensitive receptors to substantial pollutant concentrations? Less Than Significant Impact. Certain population groups are especially sensitive to air pollution and should be given special consideration when evaluating potential air quality impacts. These population groups include children, the elderly, persons with pre-existing respiratory or cardiovascular illness, and athletes and others who engage in frequent exercise. As defined in the SCAQMD CEQA Air Quality Handbook, a sensitive receptor to air quality is defined as any of the following land use categories: (1) long-term health care facilities; (2) rehabilitation centers; (3) convalescent centers; (4) retirement homes; (5) residences; (6) schools; (7) parks and playgrounds; (8) child care centers; and (9) athletic fields.
As discussed previously, the Project would establish regulations and allowable locations for future cannabis businesses including cultivation of cannabis on less than 10,000 square feet.
While activities of future cannabis businesses, including potential construction and operation, could result in generation of air emissions, such emissions are not anticipated to comprise a substantial new source of air emissions to which a sensitive population would be exposed. It is anticipated that development of the future cannabis businesses including cultivation of cannabis on less than 10,000 square feet associated with the Project would primarily locate within existing structures and require minor renovation activities or extensive interior upgrades or modifications (i.e., upgrades to electrical, lighting, irrigation, ventilation, refrigeration) and that limited, if any, construction activities would occur. Such facilities would be limited in number and location, would be dispersed throughout the City, would not change the proximity of commercial or light industrial uses to sensitive land uses, and would be similar to other existing and/or permitted retail and industrial uses in terms of air emissions. The amendments to the Zoning Code would require future cannabis businesses to be located within specified commercial or light industrial zones located at least 600 feet from schools, youth centers, daycare centers, and parks. The Cannabis Ordinance Project does not permit future cannabis businesses within residential zones.
Specifically, the Cannabis Ordinance Project would permit development of the future cannabis retailers within potential parcels designated as C-3 (Central Business), C-3A (Regional or Commercial Shopping Centers), C-4 (Commercial Zone, Highway) and C-5 (Specified Highway), and future cannabis microbusinesses including cultivation of cannabis on less than 10,000 square feet within potential parcels designated as M-1 (Industrial Zone). As such, impacts from associated air emissions are not anticipated to expose sensitive receptors to substantial pollutant concentrations. Therefore, impacts concerning the exposure of sensitive land uses to air pollutant concentrations would be less than significant. d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
Less Than Significant Impact. According to the SCAQMD CEQA Air Quality Handbook, land uses associated with odor complaints typically include agricultural uses, wastewater treatment
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-16 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 plants, food processing plants, chemical plants, composting, refineries, landfills, dairies, and fiberglass molding. Although the Project does not fall specifically within these categories of uses, it could result in the generation of objectionable odors, particularly from cultivation. However, the Cannabis Ordinance Project places development standards on cannabis businesses. Section
17.84.070(F) prohibits outdoor commercial cultivation. Section 17.84.090 places additional performance standards on cannabis businesses including requirements that odor control devices and techniques be incorporated in all future cannabis businesses to ensure that odors are not detectable outside of the facility, anywhere on adjacent property or public rights-of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other common area or within any other unit located within the same building. As such, future cannabis businesses, with approval of the Project would not result in the generation of other emissions, such as those leading to odors that would affect a substantial number of people and impacts would be less than significant.
References
CARB (California Air Resources Board). 2016. Top 4 Summary. Available at:
http://www.arb.ca.gov/adam/topfour/topfour1.php. Accessed August 2022.
SCAQMD (South Coast Air Quality Management District). 1993. California Environmental Quality Act (CEQA) Air Quality Handbook.
SCAQMD. 2003. Air Quality Management Plan. Available at:
http://www.aqmd.gov/home/library/clean-air-plans/air-quality-mgt-plan/2003-aqmp.
August 2003. Accessed August 2022.
SCAQMD. 2008. Final Localized Significance Threshold Methodology. Available at:
http://www.aqmd.gov/home/regulations/ceqa/air-quality-analysisandbook/localizedsignificance-thresholds. Accessed August 2022.
SCAQMD. 2016a. Ambient Air Quality Standards, available at http://www.arb.ca.gov/research/aaqs/aaqs2.pdf. Accessed August 2022.
SCAQMD. 2016b. Summaries of Air Quality Data, 2013 through 2015; http://www.arb.ca.gov/adam/. Accessed August 2022.
SCAQMD. 2016b. Air Quality Management Plan (AQMP), Final 2016 AQMP. Available:
http://www.aqmd.gov/docs/default-source/clean-air-plans/air-quality-managementplans/2016-air-quality-management-plan/final-2016-aqmp/final2016aqmp.pdf?sfvrsn=15.
Accessed August 2022.
SCAQMD. 2017. AirData. Available: http://www.epa.gov/airdata/ad_rep_mon.html. Accessed August 2022.
SCAQMD. 2017. Air Quality Statistics. Available http://www.arb.ca.gov/adam/. Accessed August 2022.
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-17 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 Biological Resources
Issues (and Supporting Information Sources):
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
IV. BIOLOGICAL RESOURCES — Would the project:
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species
identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or
regulations, or by the California Department of Fish
and Game or U.S. Fish and Wildlife Service?
☐ ☒ ☐ ☐
b) Have a substantial adverse effect on any riparian
habitat or other sensitive natural community
identified in local or regional plans, policies,
regulations, or by the California Department of Fish
and Game or U.S. Fish and Wildlife Service?
☐ ☐ ☐ ☒
c) Have a substantial adverse effect on state or
federally protected wetlands (including, but not
limited to, marsh, vernal pool, coastal, etc.) through
direct removal, filling, hydrological interruption, or
other means?
☐ ☐ ☒ ☐
d) Interfere substantially with the movement of any
native resident or migratory fish or wildlife species or with established native resident or migratory wildlife
corridors, or impede the use of native wildlife nursery sites?
☐ ☐ ☐ ☒
e) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
☐ ☐ ☒ ☐
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state
habitat conservation plan?
☐ ☐ ☐ ☒
Discussion
Would the Project:
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service?
Less than Significant Impact with Mitigation Incorporated. The City is highly urbanized and is predominantly comprised of developed and disturbed areas lacking natural vegetation, except for landscaped areas typical of roadsides or medians with ornamental trees, shrubs, and herbaceous plant species. The potential parcels for the future cannabis businesses are likewise completely within and surrounded by urban development although some limited ornamental vegetation and street trees are present in limited areas. The potential parcels do not occur within or near any U.S. Fish and Wildlife Service (USFWS)-designated Critical Habitat for any specialstatus plant or wildlife species (USFWS, 2021a). The nearest Critical Habitat area to the City, designated for the federally listed “Threatened” coastal California gnatcatcher (Polioptila californica californica), lies to the south and east of the City in remnant natural areas on the
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-18 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 opposite side of Interstate 10 (I-10) and State Route 57 (SR-57), at least one mile or further from the City limits and potential parcels. Furthermore, no potentially suitable habitat for coastal California gnatcatcher occurs in or adjacent to the City or the potential parcels.
The landscaped and urban developed areas in the potential parcels for the future cannabis businesses provide virtually no suitable habitat for any special-status wildlife species, including bats and avian species. Furthermore, no suitable habitat is present for any special status species that require any natural habitats such as grasslands, scrub, riparian or wetland habitats. Therefore, no special status animal species are expected to occur within the potential parcels or directly adjacent areas. Finally, as no potentially suitable habitat occurs, no special-status plant species are currently known or expected to occur within the potential parcels. Therefore, the future cannabis businesses associated with the Project would not result in any loss of habitat for any special status species, within these urbanized areas.
Trees, buildings, and other structures, such as bridges or culverts in or near the potential parcels may be used by common, urban-adapted bird species. Bat species, however, have only a very low potential to occur in the potential parcels, due to limited areas of potentially suitable habitat, distance to and from natural areas and water sources for foraging, and due to the high level of noise, nighttime lighting, and overall human activity associated with urban development, which makes the possibility of these species occurring in the potential parcels remote at best.
Based on the above evaluation, the future cannabis businesses associated with the Project would not result in adverse effects on any special-status wildlife species that occur in the region. However, although they may not be special status species, almost all native bird species, except game birds, are protected by State and federal statutes when they are actively nesting. Some avian species may nest, forage, and roost within ornamental shrubs and trees planted as part of existing landscaping and some species will nest on or in buildings and other man-made structures.
It is anticipated that development of the future cannabis businesses including cultivation of cannabis on less than 10,000 square feet associated with the Project would primarily locate within existing structures and require minor renovation activities or extensive interior upgrades or modifications (i.e., upgrades to electrical, lighting, irrigation, ventilation, refrigeration), or to a lesser extent, be considered infill development or redevelopment within previously developed lots. Because of the limited amount of vacant land as well as the limited number of future cannabis businesses that could result from Project implementation, it is likely that any such construction of infill development or redevelopment would be limited in scale. However, if the construction of infill development or redevelopment of future cannabis businesses were to occur, measures to avoid adverse effects on nesting birds are recommended to be implemented prior to or during construction and demolition activities associated with the Project. Implementation of mitigation measure BIO-1 will reduce any potentially significant impacts to nesting birds to less than significant.
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-19 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 Mitigation Measure
BIO-1: Nesting Birds. Vegetation removal shall be conducted between September 1 and January 31, outside the typical nesting season for birds in the region. If vegetation removal must occur during the typical nesting season (February 1 – August 31), a qualified biologist shall conduct a pre-construction survey for active nests within areas that will be subject to vegetation removal, construction noise, and/or ground disturbances, including a 100 to 300-foot buffer around existing trees and landscaped areas, to identify any potential active nests. Buffer distances should be adjusted at the discretion of the biologist based on the location of the nest, species, and surrounding land uses. If no sign of nesting activity is observed, construction may proceed without potential impacts to nesting birds.
If an active nest is observed during the pre-construction clearance survey, an adequate buffer determined by the qualified biologist shall be established around the active nest depending on sensitivity of the species and proximity to construction activity and impact areas. Onsite construction monitoring may also be required to ensure that no direct or indirect impacts occur to the active nest or nesting activities. Construction activities shall be avoided within the buffer, unless otherwise approved by the monitoring biologist (e.g., vehicles could pass through buffer areas while jackhammering would be restricted).
Buffers shall be clearly marked and defined to restrict certain activities where they could result in nest failure, and shall remain in place until nests are no longer active, as determined by the monitoring biologist.
b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? No Impact. The City, including the potential parcels for the future cannabis businesses, are primarily comprised of developed and disturbed areas that generally lack natural vegetation.
There are likely limited natural communities in the potential parcels either composed of native or non-native vegetation that would likely be categorized as “disturbed”. While Charter Oak Creek is present near the South Barranca Avenue and East Rowland Street intersection, it is channelized and concrete-lined and lacks riparian vegetation or other sensitive natural communities.
Moreover, none of the potential parcels occur adjacent to Charter Oak Creek. Therefore, no impacts to riparian or sensitive natural communities will occur as the result of implementation of the Project and the associated future cannabis businesses.
The County has identified a number of Sensitive Ecological Areas (SEAs) in the region, including the East San Gabriel Valley SEA. The west end of that particular SEA, lies near and adjacent to a fragment of the southeastern border of the City. Inspection of maps and overlays reveals that none of the potential parcels are located in or near the East San Gabriel Valley SEA.
Therefore, no impacts to this designated SEA will occur as the result of implementation of the Project and the associated future cannabis businesses.
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-20 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
Less than Significant Impact. No wetland features are identified by the National Wetlands Inventory (NWI) as occurring within the potential parcels (USFWS, 2021b). Surface flows from stormwater runoff are conveyed through portions of the City within storm drain channels or in road gutters. These channels are maintained and contain virtually no vegetation. However, some of these channels may be considered jurisdictional “waters” and such resources are subject to federal and State regulation if they convey surface flows to Charter Oak Creek, Walnut Creek, or Big Dalton Wash, which are tributaries to the San Gabriel River, a water of the U.S. If implementation of the Project and the associated future cannabis businesses leads to alterations or discharges of fill material to waters of the U.S or State due to construction, permits from the U.S.
Army Corps of Engineers (USACE) under Section 404 and water quality certification from the Los Angeles Regional Water Quality Control Board (LARWQCB) under Section 401 of the Clean Water Act (CWA), and/or a Water Quality Certification or Waste Discharge Requirement (WDR) under the Porter Cologne Water Quality Act may be required.
Additionally, California Department of Fish and Wildlife (CDFW) regulates all diversions, obstructions, or changes to the natural flow or bed, channel or bank of any river, stream, or lake which supports fish or wildlife. A notification of a Lake or Streambed Alteration Agreement (LSAA) must be submitted to CDFW for “any activity that may substantially change the bed, channel, or bank of any river, stream, or lake.” If implementation of the Project avoids any alteration or discharge to existing surface channels, then no such permits would be required.
Confirmation of the jurisdictional status of features would be required and permit applications submitted and permits issued prior to construction. Required permits, including permits under Sections 401 and 404 of the CWA and Streambed Alteration Agreement in accordance with Section 1600 of the California Fish and Game Code, would be required to be obtained prior to the start of construction activities, as applicable.
It is not apparent that any of the potential parcels for the future cannabis businesses are situated near or directly adjacent to any potential jurisdictional waters. Thus, it is very unlikely that implementation of the Project would lead to any potential effects on surface waters or channels.
In the event that a potential discharge or alteration into waters could occur, however, the regulations and permit processes described above are required by law. Therefore, due to required compliance with existing federal, state, and local requirements, implementation of the Project and the associated future cannabis businesses would result in a less than significant impact. No mitigation is required.
d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? No Impact. The potential parcels for the future cannabis businesses are highly urbanized and predominantly developed with commercial and light industrial uses. Additionally, the potential
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-21 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 parcels are entirely surrounded by developed lands and no conservation lands or wildlife corridors are identified as occurring nearby. Therefore, no impact would occur to wildlife movement as a result implementation of the Project and the associated future cannabis businesses.
No known or expected native wildlife nursery sites occur in or near the potential parcels and no such resources would be affected by implementation of the Project and the associated future cannabis businesses. Therefore, no impact that would impede the use of native wildlife nursery sites would occur. In addition, implementation of MM BIO-1, during development activities associated with the Project will maintain compliance with the Migratory Bird Treaty Act and the California Fish and Game Code as these statutes provide for the protection of active avian nests and nestlings.
e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
Less than Significant Impact. The City’s General Plan includes a Natural Resources and Open Space Element that serves to identify, protect, and conserve local natural resources and to establish a framework for preserving, managing, and enhancing the community’s open space areas (Covina, 2000). Natural resources include water, soils, water bodies, vegetation, wildlife, and air; open space lands pertain to parks and related recreational facilities and trails. As noted above, the potential parcels for the future cannabis businesses do not coincide with any existing natural areas, and also do not overlap or occur adjacent to areas zoned as open space. Therefore, as future cannabis businesses associated with the Project will not adversely affect natural resources or open space and must be consistent with existing City’s General Plan provisions to protect such resources, implementation of the Project will not conflict with the Natural Resources and Open Space Element of the City’s General Plan.
The City’s Municipal Code, Title 17 – Zoning, includes a Tree Preservation Ordinance (Chapter
17.83). The purpose of the Tree Preservation Ordinance is “to assure that new development addresses the preservation of significant healthy and mature trees to the greatest extent which is reasonable and that activities on properties with existing development are conducted in a manner that minimizes harm and destruction of such trees” (Covina, 2022). The Tree Preservation Ordinance does not apply to street trees or to repair and maintenance of existing parkways, highways and streets and/or other public facilities. Tree protection is limited to requiring a permit for any damage to designated “Heritage Trees.” Heritage Trees include all Quercus (oak) species 10 inches in diameter for a single-trunk tree or a combined diameter of at least 22 inches for multiple-trunk trees and trees or groups of trees designated as heritage tree(s) by the City Council.
Damage includes: “any action to destroy, remove, relocate, or otherwise inflict harm or injury to a tree. Damage shall include any act causing injury to the root system or other parts of a tree including burning, applications of toxic substances, operation of equipment or machinery within the dripline, paving within the dripline, change of the natural grade within the dripline, trenching or excavation within the dripline, excessive watering or any act of a similar nature.” It is not apparent that any Heritage Trees occur within or directly adjacent to the potential parcels.
If, however, any tree or trees occur in potentially affected areas that are subject to the Tree
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-22 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 Preservation Ordinance (i.e., Heritage Trees), future cannabis businesses associated with the Project would be required to comply with the ordinance. Since compliance with the City’s Tree Preservation Ordinance is required, a less than significant impact would occur. No mitigation is required.
f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan?
No Impact. The potential parcels for the future cannabis businesses are highly urbanized and not located within or adjacent to any habitat conservation plans or natural community conservation plan areas. The County has identified a number of SEAs in the region, including the East San Gabriel Valley SEA. The west end of that particular SEA, lies near and adjacent to a fragment of the southeastern border of the City. Inspection of maps and overlays reveals that none of the potential parcels are located in or near the East San Gabriel Valley SEA. Therefore, no impacts to this designated SEA or any other adopted natural community conservation plan or other approved local, regional, or state habitat conservation plan will occur as the result of implementation of the Project and the associated future cannabis businesses.
References
CDFW (California Department of Fish and Wildlife). 2021. California Department of Fish and Wildlife, California Natural Diversity Database (CNDDB) RareFind 5. CDFW’s Electronic database, Sacramento, California. Accessed September 2022, at https://www.dfg.ca.gov/biogeodata/cnddb.
City of Covina. 2000. General Plan, Natural Resources and Open Space Element, adopted April 18, 2000.
City of Covina. 2022. City of Covina Municipal Code, passed January 18, 2022, https://www.codepublishing.com/CA/Covina/. Accessed September 2022.
USFWS (U.S. Fish and Wildlife Service). 2021a. U.S. Fish and Wildlife Service, IPAC Information for Planning and Consultation. Accessed August 2022, at https://ecos.fws.gov/ipac/.
USFWS. 2021b. U.S. Fish and Wildlife Services, National Wetland Inventory (NWI) Data Mapper. Accessed September 2022, at https://www.fws.gov/wetlands/Data/Mapper.html.
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-23 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 Cultural Resources
Issues (and Supporting Information Sources):
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
V. CULTURAL RESOURCES — Would the project:
a) Cause a substantial adverse change in the
significance of a historical resource pursuant to
§15064.5?
☐ ☒ ☐ ☐
b) Cause a substantial adverse change in the
significance of an archaeological resource pursuant to
§15064.5?
☐ ☒ ☐ ☐
c) Disturb any human remains, including those interred
outside of dedicated cemeteries?
☐ ☐ ☒ ☐
Discussion
Would the Project:
a) Cause a substantial adverse change in the significance of a historical resource pursuant to §15064.5?
Less than Significant Impact with Mitigation Incorporated. CEQA defines historical resources as those that are listed on, or determined to be eligible for listing on, the California Register of Historical Resources (CRHR) or a local register, or are otherwise determined to be a historical resource pursuant to CEQA (PRC Section 21084.1) or State CEQA Guidelines (CCR Title 14, Section 15064.5). The CRHR also includes properties formally determined eligible or listed in the National Register of Historic Places (PRC Section 5024.1). A historical resource may be an object, building, structure, site, area, place, record, or manuscript that is historically significant or significant in the context of California’s architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural records (PRC Section 5020.1(j)). Archaeological resources may be considered historical resources if they meet the aforementioned criteria. Typically, historical resources are more than 45 years in age.
The City proposes to amend the City’s Municipal Code and Zoning Code to allow for the commercial sale, cultivation, manufacture and distribution of cannabis and cannabis products within the City by permitting up to three future cannabis businesses which would have the potential to impact historical resources. It is anticipated that development of the future cannabis businesses including cultivation of cannabis on less than 10,000 square feet associated with the Project would primarily locate within existing structures and require minor renovation activities or extensive interior upgrades or modifications (i.e., upgrades to electrical, lighting, irrigation, ventilation, refrigeration) and that limited, if any, construction activities would occur. The potential for construction of infill or redevelopment (which could include structural improvements, demolition of buildings, and/or ground disturbance) could result in direct or indirect substantial adverse changes in the significance of historical resources. Future cannabis businesses associated with the Project would be required to comply with applicable federal, state, and local regulations that protect historical resources. Further, future cannabis businesses would undergo the City’s discretionary review process, where applicable, including completion of
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-24 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 subsequent project-level planning and environmental review under CEQA. Such projects nonetheless could result in significant impacts to as-yet-unidentified historic architectural and/or archaeological resources qualifying as historical resources under CEQA. The implementation of mitigation measures CUL-1 and CUL-2 and would reduce impacts to less than significant.
Mitigation Measures
CUL-1: Historic Resources Assessment. For future cannabis businesses associated with the Project that involve demolition or alteration of buildings and/or structures or the construction of adjacent aboveground infrastructure, the project applicant shall retain an architectural historian meeting the minimum professional qualifications standards (PQS) set forth by the Secretary of the Interior (codified in 36 Code of Federal Regulations [CFR] Part 61; 48 Federal Register 44738-44739) (Qualified Architectural Historian) to conduct a historic resources assessment. The assessment shall include a review of the Built Environment Resource Directory (BERD) and the City’s historic landmarks and structures of merit listings ; a review of other pertinent archives and sources; recordation of all historic architectural resources more than 45 years in age on California Department of Parks and Recreation (DPR) 523 forms; evaluation of resources for listing in the California Register of Historical Resources and for designation as a City of Covina historic landmark or structure of merit; and preparation of a technical report documenting the methods and results of the assessment. The report shall also provide recommendations for additional work or mitigation, if needed, which may include but would not be limited to compliance with the Secretary of the Interior’s Standards (Ord. 16-2060 § 1, 2016; Ord. 97-1812 § 1, 1997). A copy of the final report shall be filed with the South Central Coastal Information Center.
CUL-2: Archaeological Resources Assessment. For future cannabis businesses associated with the Project that involve ground disturbance, the project applicant shall retain an archaeologist meeting the minimum PQS set forth by the Secretary of the Interior (codified in 36 CFR Part 61; 48 Federal Register 44738-44739) (Qualified Archaeologist) to conduct an archaeological resource assessment. The assessment shall include a records search at the South Central Coastal Information Center; a Sacred Lands File search through the Native American Heritage Commission; a subsurface sensitivity assessment; a pedestrian field survey in instances where ground surface is exposed; recordation of all identified archaeological resources on DPR 523 forms; evaluation of resources affected by the project for eligibility for listing in the California Register of Historical Resources and for designation as a City of Covina historic landmark or structure of merit; and preparation of a technical report documenting the methods and results of the assessment. Resources that do not qualify as historical resources shall be considered by the Qualified Archaeologist for qualification as unique archaeological resources as defined in PRC Section 21083.2(g). The report shall also include recommendations as to whether mitigation for worker training, monitoring, and/or inadvertent discoveries is warranted. A copy of the final report shall be filed with the South Central Coastal Information Center.
b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5?
Less than Significant Impact with Mitigation Incorporated. If an archaeological resource does not meet the criteria for historical resources, then it may be determined to be a unique
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-25 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 archaeological resource as defined by CEQA (PRC Section 21083.2(g)). A unique archaeological resource is an archaeological artifact, object, or site about which it can be clearly demonstrated that, without merely adding to the current body of knowledge, there is a high probability that it meets any of the following criteria: (1) contains information needed to answer important scientific research questions and that there is a demonstrable public interest in that information; (2) has a special and particular quality such as being the oldest of its type or the best available example of its type; or (3) is directly associated with a scientifically recognized important prehistoric or historic event or person.
The City proposes to amend the City’s Municipal Code and Zoning Code to allow for the commercial sale, cultivation, manufacture and distribution of cannabis and cannabis products within the City by permitting up to three future cannabis businesses. It is anticipated that development of the future cannabis businesses including cultivation of cannabis on less than 10,000 square feet associated with the Project would primarily locate within existing structures and require minor renovation activities or extensive interior upgrades or modifications (i.e., upgrades to electrical, lighting, irrigation, ventilation, refrigeration) and that limited, if any, construction activities would occur. However, if the construction of infill development or redevelopment of future cannabis businesses were to occur, the Project would be required to comply with applicable federal, state, and local laws that protect unique archaeological resources.
Further, future cannabis businesses would undergo the City’s discretionary review process, including completion of subsequent project-level planning and environmental review under CEQA. Such projects nonetheless could result in significant impacts to unique archaeological resources under CEQA. The implementation of Mitigation Measure CUL-2 and would reduce impacts to less than significant.
Mitigation Measures
Refer to mitigation measure CUL-2 above.
c) Disturb any human remains, including those interred outside of dedicated cemeteries?
Less than Significant Impact. The potential parcels for the future cannabis businesses are currently developed generally comprising of commercial and light industrial uses, asphalt surface parking lots, and ornamental landscaping and trees. The Cannabis Ordinance Project would permit development of the future cannabis retailers within potential parcels designated as C-3 (Central Business), C-3A (Regional or Community Shopping Center), C-4 (Commercial Zone, Highway) and C-5 (Specified Highway), and future cannabis microbusinesses including cultivation of cannabis on less than 10,000 square feet within potential parcels designated as M-1 (Industrial Zone). It is anticipated that development of the future cannabis businesses including cultivation of cannabis on less than 10,000 square feet associated with the Project would primarily locate within existing structures and require minor renovation activities or extensive interior upgrades or modifications (i.e., upgrades to electrical, lighting, irrigation, ventilation, refrigeration) and that limited, if any, construction activities would occur. However, if the construction of infill development or redevelopment of future cannabis businesses were to occur, the Project would be subject to existing laws and regulations that protect buried human remains,
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-26 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 including compliance with State of California Health and Safety Code Section 7050.5 and PRC Section 5097.98. Therefore, compliance with existing state laws and regulations would reduce impacts to unknown buried human remains to a less than significant level.
References
City of Covina. 2000. City of Covina General Plan. Available at:
https://covinaca.gov/sites/default/files/fileattachments/planning_commission/page/1073/lan d_use.pdf. Accessed September 2022.
City of Covina. 2022. City of Covina Municipal Code. Available at:
https://www.codepublishing.com/CA/Covina/#!/Covina14/Covina1404.html#14.04.
Accessed September 2022.
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-27 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 Energy
Issues (and Supporting Information Sources):
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
VI. ENERGY — Would the project:
a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary
consumption of energy resources, during project
construction or operation?
☐ ☐ ☒ ☐
b) Conflict with or obstruct a state or local plan for
renewable energy or energy efficiency?
☐ ☐ ☒ ☐
Discussion
Would the Project:
a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation?
Less Than Significant Impact. The City proposes to amend the City’s Municipal Code and Zoning Code to allow for the commercial sale, cultivation, manufacture and distribution of cannabis and cannabis products within the City by permitting up to three future cannabis businesses. The Project is the adoption of the Local Cannabis Program Ordinance, the approval of which could result in the development of land uses that would directly result in energy demand.
Future energy demand may result from future cannabis businesses associated with the Project, including cultivation on less than 10,000 square feet and manufacturing.
Construction-related energy consumption associated with future cannabis businesses, including cultivation on less than 10,000 square feet and manufacturing, with approval of the Project would be subject to approval of permits prior to construction of any new commercial cannabis activity uses. Energy use during future Project construction would primarily occur in association with fuel use by vehicles and other equipment to conduct construction activities. However, because of the limited amount of vacant land as well as the limited numbers of future cannabis businesses that could result from Project implementation, it is likely that any such new development and construction would be limited in scale. Locally, the Project would permit up to three future cannabis businesses within specified commercial or light industrial zones that meet the development criteria established in the Cannabis Ordinance Project. However, no specific development project is proposed at this time in connection with the Cannabis Ordinance Project.
Thus, it is unlikely that new construction activities related to the future cannabis businesses associated with the Project would result in a level of development that would require substantial construction energy.
All construction activities, even minor renovation activities or extensive interior upgrades or modifications (i.e., upgrades to electrical, lighting, irrigation, ventilation, refrigeration), would be required to comply with CARB and SCAQMD regulations and rules such as limiting heavy-duty truck idling to 5 minutes or less and using construction contractors with construction equipment
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-28 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 fleets that are in compliance with the U.S. Environmental Protection Agency and the State’s heavy-duty equipment and vehicle regulations to minimize fuel consumption as well as emissions. Furthermore, the Cannabis Ordinance Project would limit the number of cannabis businesses to one cannabis business per every 15,000 residents with every fraction thereof rounded down. Therefore, it is not expected that the Project would result in substantial new construction associated with future cannabis businesses at any one time, thus further limiting the potential demand for construction energy and fuels.
Operation of future cannabis businesses would result in long-term occupancy and associated energy demand. However, future cannabis businesses would be limited in number and location, would be located within existing developed areas of the City in proximity to other existing businesses, and would be similar to other permitted retail and light industrial uses. Furthermore, the Project would not change regional growth projections and as such, would not be expected to result in a substantial net increase in vehicle miles traveled and related transportation fuel demand. All future all future cannabis businesses associated with the Project would be required to adhere to all federal, state, and local requirements for energy efficiency, including the latest Title 24 standards.
Indoor cultivation could result in energy demand. Indoor cultivation has relatively intensive energy demands, often requiring large amounts of electricity to power equipment, such as grow lights, space heating, water heating, HVAC and dehumidification, CO2 injection, and drying/curing.1 The Cannabis Ordinance Project places permit and approval requirements on cannabis businesses, including cultivation on less than 10,000 square feet. Section 17.84.040(F) requires cannabis businesses to submit an operations plan to the Director for approval by the Director and Chief of Police, which among other requirements, includes addressing water preservation. Section 17.84.070(F) places development standards on cannabis businesses that includes cultivation and requires that, among other requirements, the operations plan in Section
17.84.040(F) include a cultivation plan that meets or exceeds minimum legal standards for water usage, conservation and use; drainage, runoff, and erosion control; a description of a legal water source, irrigation plan, and projected water use; and identify the source of electrical power and plan for compliance with applicable Building Codes and related codes. Section 17.84.090(J) places performance standards on cannabis businesses including compliance with the City's lighting standards including, without limitation, fixture type, wattage, illumination levels, shielding, and secure the necessary approvals and permits as needed. Considering the above requirements, future cannabis businesses associated with the Project would not result in the inefficient, wasteful, or unnecessary consumption of energy. Therefore, impacts would be less than significant and no mitigation is required.
1 Based on CEQA Up in Smoke, a presentation given at the San Diego Association of Environmental Professionals, every 2.2 pounds of cannabis produced indoors requires approximately 5,000 kilowatt-hours of energy. For comparison, the production of 2.2 pounds of aluminum, an energy-intensive product, requires 16 killowatt-hours of energy. (CEQA Up in Smoke, Powerpoint presentation prepared by Best Best & Krieger LLP and Rincon Consultants, San Diego Association of Environmental Professionals, September 28, 2017).
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-29 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency?
Less than Significant Impact. Part 6 of Title 24 of the CCRs and all applicable rules and regulations discussed above would reduce energy demand and increase energy efficiency related to future cannabis businesses associated with the Project. Part 6 of Title 24 of the CCRs establishes energy efficiency standards for residential and non-residential buildings constructed in California to reduce energy demand and consumption. Part 6 is updated periodically (every 3 years) to incorporate and consider new energy efficiency technologies and methodologies. Title 24 also includes Part 11, CALGreen.
The City of Covina’s 2019 Energy Action Plan Update and 2012 Energy Action Plan were prepared by the San Gabriel Valley Council of Governments for the City. The plans’ goals are to reduce energy consumption and decrease GHG emissions in accordance with AB 32 and SB 32 emission reduction targets. The 2019 Energy Action Plan Update sets the following updated targets: decrease overall municipal building electricity usage to 5 percent below 2018 levels by 2023, decrease overall municipal building gas usage to 5 percent below 2018 levels by 2023, and implement 3 or more energy efficiency projects by 2023. The City is supported by the San Gabriel Valley Energy Wise Partnership and SCE’s Energy Leader Partnership in achieving these energy goals (Covina, 2019). Additionally, as discussed related to GHGs, existing various local plans would reduce energy use, including the County’s Community Climate Action Plan, SCAG’s 2020–2045 RTP/SCS, and CARB’s Scoping Plan.
As discussed above, all future cannabis businesses associated with the Project would be required to adhere to all federal, state, and local requirements for energy efficiency, including the latest Title 24 standards. The Cannabis Ordinance Project also places permit and approval requirements on cannabis businesses. Section 17.84.040(F) requires cannabis businesses to submit an operations plan that is required to address water preservation. Section 17.84.070(F) places development standards on cannabis businesses that includes cultivation and requires a cultivation plan that meets or exceeds minimum legal standards for water usage, conservation and use; drainage, runoff, and erosion control; a description of a legal water source, irrigation plan, and projected water use; and identify the source of electrical power and plan for compliance with applicable Building Codes and related codes. Section 17.84.090(J) places performance standards on cannabis businesses including compliance with the City's lighting standards including, without limitation, fixture type, wattage, illumination levels, shielding, and secure the necessary approvals and permits as needed.
Based on the above requirements, future cannabis businesses associated with the Project would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency.
Therefore, impacts would be less than significant. No mitigation is required.
References
California Building Energy Efficiency Standards, Title 24, Part 6, §110.9, §130.0, and §130.2.
CARB (California Air Resource Board). California 2017 Climate Change Scoping Plan. https://ww2.arb.ca.gov/sites/default/files/classic/cc/scopingplan/scoping_plan_2017.pdf.
Accessed August 2022.
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-30 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 City of Covina. 2012 Energy Action Plan.
https://covinaca.gov/sites/default/files/fileattachments/public_works/page/584/covina-eapdecember-2012_final.pdf City of Covina. 2019. Energy Action Plan Update. City of Covina. https://covinaca.gov/sites/default/files/fileattachments/public_works/page/584/eap_- _final.pdf. Accessed August 2022.
County of Los Angeles, Department of Regional Planning. 2022. LA County Draft 2045 Climate Action Plan. April 2022. https://planning.lacounty.gov/site/climate/wpcontent/uploads/2022/04/LA_County_2045_CAP_Public_Draft_April_2022.pdf. Accessed August 2022.
Energy Independence and Security Act of 2007. (Pub.L. 110-140).
Southern California Association of Governments. 2020-2045 Regional Transportation Plan/Sustainable Communities Strategy of Southern California Association of Governments. https://www.fhbp.org/PDFs/Resources/Resources/Regional/SCAGProposed-Final-ConnectSoCal-2020.pdf. Accessed August 2022.
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-31 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 Geology and Soils
Issues (and Supporting Information Sources):
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
VII. GEOLOGY AND SOILS — Would the project:
a) Directly or indirectly cause potential substantial
adverse effects, including the risk of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on other
substantial evidence of a known fault? Refer to
Division of Mines and Geology Special
Publication 42.
☐ ☐ ☒ ☐
ii) Strong seismic ground shaking? ☐ ☐ ☒ ☐
iii) Seismic-related ground failure, including
liquefaction?
☐ ☐ ☒ ☐
iv) Landslides? ☐ ☐ ☒ ☐
b) Result in substantial soil erosion or the loss of topsoil? ☐ ☐ ☒ ☐ c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the
project, and potentially result in on- or off-site
landslide, lateral spreading, subsidence, liquefaction, or collapse?
☐ ☐ ☒ ☐
d) Be located on expansive soil, as defined in
Table 18-1-B of the Uniform Building Code (1994),
creating substantial direct or indirect risks to life or property?
☐ ☐ ☒ ☐
e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal
systems where sewers are not available for the
disposal of waste water?
☐ ☐ ☐ ☒
f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
☐ ☒ ☐ ☐
Discussion
Would the Project:
a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42.
Less than Significant Impact. Fault rupture is the displacement that occurs along the surface of a fault during an earthquake. Based on criteria established by the California Geological Survey (CGS), faults may be categorized as active, potentially active, or inactive. Active faults are those that show evidence of surface displacement within the last 11,000 years (Holocene-age).
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-32 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 Potentially active faults are those that show evidence of most recent surface displacement within the last 1.6 million years (Quaternary-age). Faults showing no evidence of surface displacement within the last 1.6 million years are considered inactive. In addition, there are buried thrust faults, which are low angle reverse faults with no surface exposure. Due to their buried nature, the existence of buried thrust faults is usually not known until they produce an earthquake.
The CGS has established earthquake fault zones known as Alquist-Priolo Earthquake Fault Zones around the surface traces of active faults to assist cities and counties in planning, zoning, and building regulation functions. These zones, which extend from 200 to 500 feet on each side of a known active fault, identify areas where potential surface rupture along an active fault could prove hazardous and identify where special studies are required to characterize hazards to habitable structures (CGS, 2019).
No active faults have been identified within the City. However, there are two potentially active earthquake faults that pass through the City. The Indian Hill Fault runs through the northeastern portion of the City and the Walnut Creek Fault traverses the southeastern portion of the City along Walnut Creek. The nearest active faults to the City are the Sierra Madre Fault, the Duarte Fault, and the Lower Duarte Fault, which are between 2 miles and 4 miles north of the City. A segment of the San Andreas Fault, the portion which runs between the City of San Bernardino and Parkfield (southeast Monterey County), is located approximately 20 miles northeast of the City. The other active faults nearest to the City include the Whittier-Elsinore Fault located approximately 10 miles to the southwest, the Raymond Fault located approximately 15 miles to the northwest, and the Norwalk Fault located approximately 20 miles to the southwest, and (City of Covina, 2000).
The potential parcels for the future cannabis businesses are located in the seismically active Southern California region and could be subject to moderate to strong ground shaking in the event of an earthquake on one of the many active Southern California faults. However, no currently known active surface faults traverse the potential parcels, and the potential parcels are not located within a designated Alquist-Priolo Earthquake Fault Zone. It is anticipated that development of the future cannabis businesses including cultivation of cannabis on less than 10,000 square feet associated with the Project would primarily locate within existing structures and require minor renovation activities or extensive interior upgrades or modifications (i.e., upgrades to electrical, lighting, irrigation, ventilation, refrigeration), or to a lesser extent, be considered infill development or redevelopment within previously developed lots. Because of the limited amount of vacant land as well as the limited number of future cannabis businesses that could result from Project implementation, it is likely that any such construction of infill development or redevelopment would be limited in scale. All future cannabis businesses associated with the Project would be required to comply with all applicable specifications and regulations related to seismic design in Title 14, Buildings and Construction, of the City’s Municipal Code, and the latest standards of the 2022 California Building Code (CBC), which would require structural design that can accommodate maximum ground accelerations expected from known faults. As such, compliance with all applicable building codes and requirements would ensure impacts related to ground rupture would be less than significant. No mitigation is required.
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-33 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 ii) Strong seismic ground shaking?
Less than Significant Impact. Seismicity is the geographic and historical distribution of earthquakes, including their frequency, intensity, and distribution. The level of ground shaking at a given location depends on many factors, including the size and type of earthquake, distance from the earthquake, and subsurface geologic conditions. The type of construction also affects how particular structures and improvements perform during ground shaking.
Strong seismic ground shaking is anticipated to be the strongest in the middle and upper portions of the City, which are nearest the active faults which include Sierra Madre Fault, Duarte Fault, and Lower Duarte Fault. Due to the proximity of the potential parcels for the future cannabis businesses to these active faults, and due to the prevalent, motion-susceptible alluvium that underlies the City, the potential parcels could experience strong seismic ground shaking (Covina, 2000). It is anticipated that development of the future cannabis businesses including cultivation of cannabis on less than 10,000 square feet associated with the Project would primarily locate within existing structures and require minor renovation activities or extensive interior upgrades or modifications (i.e., upgrades to electrical, lighting, irrigation, ventilation, refrigeration) and that limited, if any, construction activities would occur. However, if the construction of infill development or redevelopment of future cannabis businesses were to occur, the City requires that all new construction meet or exceed Title 14, Buildings and Construction, of the City’s Municipal Code, and the latest standards of the 2022 CBC for construction which requires structural design that can accommodate maximum ground accelerations expected from known faults. The Project would comply with the CGS Special Publications 117, Guidelines for Evaluating and Mitigating Seismic Hazards in California, which provides guidance for evaluation and mitigation of earthquake-related hazards. Therefore, implementation of the Project and the associated future cannabis businesses would result in a less than significant impact related to strong seismic ground shaking. No mitigation is required.
iii) Seismic-related ground failure, including liquefaction? Less than Significant Impact. Liquefaction is a phenomenon in which loosely deposited, granular soils and fine-grained soils located below the water table undergo rapid loss of shear strength when subjected to strong earthquake-induced ground shaking. Ground shaking of sufficient duration can result in a loss of grain-to-grain contact due to a rapid rise in pore water pressure causing the soul to behave as a fluid for a short period. Liquefaction is known generally to occur in saturated or near-saturated cohesionless soils at depths shallower than 50 feet below the ground surface. Factors known to influence liquefaction potential include composition and thickness of soil layers, grain size, relative density, degree of saturation, groundwater level, and both duration and intensity of ground shaking.
According to the City’s General Plan, liquefaction typically occurs in areas where the groundwater is less than 30 feet from the ground surface and where the soils are composed of predominantly poorly consolidated fine sand. In the City, liquefaction has not been a hazard in the past and appears to have very limited future hazard potential because the water table is generally more than 50 feet deep and there are no areas of loose, cohesionless soils (Covina,
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-34 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 2000). It is anticipated that development of the future cannabis businesses including cultivation of cannabis on less than 10,000 square feet associated with the Project would primarily locate within existing structures and require minor renovation activities or extensive interior upgrades or modifications (i.e., upgrades to electrical, lighting, irrigation, ventilation, refrigeration) and that limited, if any, construction activities would occur. However, if the construction of infill development or redevelopment of future cannabis businesses were to occur and liquefaction zones were discovered, complying with the 2022 CBC and the CGS Special Publications 117, Guidelines for Evaluating and Mitigating Seismic Hazards in California, would reduce impacts from liquefaction within the potential parcels to maximum extent possible under currently accepted engineering practices. These engineering practices could include densification of soils, soil reinforcement, and drainage/dewatering to reduce pore water pressure within the soil.
Therefore, implementation of the Project and the associated future cannabis businesses would result in a less than significant impact related to liquefaction. No mitigation is required. iv) Landslides?
Less than Significant Impact. Earthquake-induced landslides often occur in areas where previous landslides have moved and in areas where the topographic, geologic, geotechnical and subsurface groundwater conditions are conducive to permanent ground displacements. In the City, which is predominantly flat, no documented cases of major landslides have occurred.
However, there is potential for landslides in certain sections of the Covina Hills area, which is comprised of hilly terrain and has many fill slopes (Covina, 2000). The Project and associated future cannabis businesses are located in relatively flat and highly urbanized areas of the City. As such, a less than significant impact would occur in this regard. No mitigation is required. b) Result in substantial soil erosion or the loss of topsoil? Less than Significant Impact. Soil erosion refers to the process by which soil or earth material is loosened or dissolved and removed from its original location. Erosion can occur by varying processes and may occur in a project area where bare soil is exposed to wind or moving water (both rainfall and surface runoff). The processes of erosion are generally a function of material type, terrain steepness, rainfall or irrigation levels, surface drainage conditions, and general land uses. Topsoil is used to cover surface areas for the establishment and maintenance of vegetation due to its high concentrations of organic matter and microorganisms.
It is anticipated that development of the future cannabis businesses including cultivation of cannabis on less than 10,000 square feet associated with the Project would primarily locate within existing structures and require minor renovation activities or extensive interior upgrades or modifications (i.e., upgrades to electrical, lighting, irrigation, ventilation, refrigeration) and that limited, if any, construction activities would occur. However, if the construction of infill development or redevelopment were to occur, construction of the future cannabis businesses could result in ground surface disruption during excavation, grading, and trenching that could create the potential for erosion to occur. Wind erosion would be minimized through soil stabilization measures required by the SCAQMD Rule 403 (Fugitive Dust), such as daily watering. Potential for water erosion would be reduced by implementation of standard erosion
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-35 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 control measures imposed during site preparation and grading activities. As discussed in more detail in Section X, Hydrology and Water Quality, future cannabis businesses associated with the Project would be subject to all existing regulations associated with the protection of water quality.
Construction activities would be carried out in accordance with applicable City standard erosion control practices required pursuant to the 2022 CBC and the requirements of the National Pollutant Discharge Elimination Systems (NPDES) General Construction Permit issued by the LARWQCB, as applicable. Consistent with these requirements, a Stormwater Pollution Prevention Plan (SWPPP) would be prepared that incorporates Best Management Practices (BMPs) to control water erosion during the construction periods of all future cannabis businesses associated with the Project. Therefore, with compliance with applicable regulatory requirements, impacts regarding soil erosion or the loss of topsoil would be less than significant. No mitigation is required.
c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse?
Less than Significant Impact. As previously discussed under Responses VII.a.iii and VII.a.iv above, liquefaction and landslide hazards were concluded to be less than significant. Lateral spreading is the downslope movement of surface sediment due to liquefaction in a subsurface layer. The downslope movement is due to the combination of gravity and earthquake shaking.
Such movement can occur on slope gradients of as little as one degree. Lateral spreading typically damages pipelines, utilities, bridges, and structures. Lateral spreading of the ground surface during a seismic activity usually occurs along the weak shear zones within a liquefiable soil layer and has been observed to generally take place toward a free face (i.e., retaining wall, slope, or channel) and to a lesser extent on ground surfaces with a very gentle slope. As stated under Response VII.a.iii, liquefaction has not been a hazard in the past and appears to have very limited future hazard potential because the water table is generally more than 50 feet deep and there are no areas of loose, cohesionless soils. Further, due to the absence of any channel, slope, or river within the potential parcels, the potential for lateral spreading occurring on or off the future sites are considered to be low. Subsidence occurs when a void is located or created underneath a surface, causing the surface to collapse. Common causes of subsidence include withdrawal of groundwater or oil resources or wells beneath a surface. As no oil wells are located within the potential parcels, subsidence associated with extraction activities is not anticipated.
Conformance to the 2022 CBC and the CGS Special Publications 117, Guidelines for Evaluating and Mitigating Seismic Hazards in California would reduce impacts from stability hazards within the potential parcels for the future cannabis businesses to the maximum extent possible under currently accepted engineering practices. These engineering practices could include densification of soils, soil reinforcement, and drainage/dewatering to reduce pore water pressure within the soil. As such, implementation of the Project would result in less than significant impacts related to stability hazards. No mitigation is required.
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-36 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 d) Be located on expansive soil, as defined in Table 18 1 B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? Less than Significant Impact. Expansive soils are typically associated with fine-grained clayey soils that have the potential to shrink and swell with repeated cycles of wetting and drying.
Although not anticipated, expansive soils, if encountered within the potential parcels, would be removed and/or replaced as part of standard construction practices pursuant to the City and the 2022 CBC building requirements. Therefore, implementation of the Project would result in less than significant impacts associated with expansive soils and substantial risks to life or property would not occur. No mitigation is required.
e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water?
No Impact. The potential parcels for the future cannabis businesses are located in urbanized areas where municipal wastewater infrastructure currently exists. It is anticipated that development of the future cannabis businesses including cultivation of cannabis on less than 10,000 square feet associated with the Project would primarily locate within existing structures and require minor renovation activities or extensive interior upgrades or modifications (i.e., upgrades to electrical, lighting, irrigation, ventilation, refrigeration) and that limited, if any, construction activities would occur. However, if the construction of infill development or redevelopment was to occur, the future cannabis businesses associated with the Project would connect to existing infrastructure and would not use septic tanks or alternative waste water disposal systems. Therefore, no impact would occur in this regard. f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
Less than Significant Impact with Mitigation Incorporated. Paleontological resources are the fossilized remains of plants and animals, including vertebrates (animals with backbones; mammals, birds, fish, etc.), invertebrates (animals without backbones; starfish, clams, coral, etc.), and microscopic plants and animals (microfossils), and can include mineralized body parts, body impressions, or footprints and burrows. They are valuable, non-renewable, scientific resources used to document the existence of extinct life forms and to reconstruct the environments in which they lived. A significant impact would occur if a project would destroy a unique paleontological resource or site, or a unique geologic feature.
The City proposes to amend the City’s Municipal Code and Zoning Code to allow for the commercial sale, cultivation, manufacture and distribution of cannabis and cannabis products within the City by permitting up to three future cannabis businesses which would have the potential to impact paleontological resources. It is anticipated that development of the future cannabis businesses including cultivation of cannabis on less than 10,000 square feet associated with the Project would primarily locate within existing structures and require minor renovation activities or extensive interior upgrades or modifications (i.e., upgrades to electrical, lighting, irrigation, ventilation, refrigeration) and that limited, if any construction would occur. However, if the construction of infill
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-37 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 development or redevelopment of future cannabis businesses were to occur, the Project would be required to comply with existing federal, state, and local regulations that protect paleontological resources. Further, future cannabis businesses would undergo the City’s discretionary review process, where applicable, including completion of subsequent project-level planning and environmental review under CEQA. Such projects could nonetheless result in significant impacts to unique paleontological resources or sites under CEQA. Given the nature of the projects, it is unlikely that unique geologic features would be impacted. However, implementation of mitigation measure GEO-1 would reduce impacts to a less-than-significant level.
Mitigation Measure
GEO-1: Paleontological Resources Assessment and Monitoring. For future cannabis projects associated with the Project that involve ground disturbance, the project applicant shall retain a paleontologist who meets the Society of Vertebrate Paleontology’s (SVP 2010) definition for qualified professional paleontologist (Qualified Paleontologist) to prepare a paleontological resources assessment report. The report shall include methods and results of the paleontological resources assessment. The report shall also include recommendations as to whether mitigation for worker training monitoring, and/or inadvertent discoveries is warranted.
References
CGS (California Geological Survey). 2008. Special Publication 117A, Guidelines for Evaluating and Mitigating Seismic Hazards in California.
https://www.conservation.ca.gov/cgs/Documents/Program-SHP/SP_117a.pdf, accessed September 2022.
CGS. 2019. Alquist-Priolo Earthquake Fault Zones. Available at:
https://www.conservation.ca.gov/cgs/alquist-priolo. Accessed August 23, 2022.
City of Covina. 2000. City of Covina General Plan. Available at:
https://covinaca.gov/sites/default/files/fileattachments/planning_commission/page/1073/land _use.pdf. Accessed August 24, 2022.
City of Covina. 2022. City of Covina Municipal Code. Available at:
https://www.codepublishing.com/CA/Covina/#!/Covina14/Covina1404.html#14.04.
Accessed August 24, 2022.
Dibblee, T.W. and Minch, J.A. 2007. Geologic map of the Venice and Inglewood quadrangles, Los Angeles County, California, Dibblee Geological Foundation, Dibblee Foundation Map DF-322, 1: 24,000.
DGS (California Department of General Services). 2022. 2022 Triennial Edition of Title 24 California Building Code. Available at: https://www.dgs.ca.gov/BSC/Codes. Accessed August 24, 2022.
DOC (California Department of Conservation). 2019. California Earthquake Hazards Zone Application. Available at: https://www.conservation.ca.gov/cgs/geohazards/eq-zapp.
Accessed August 23, 2022.
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-38 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 Greenhouse Gas Emissions
Issues (and Supporting Information Sources):
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
VIII. GREENHOUSE GAS EMISSIONS —
Would the project:
a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the
environment?
☐ ☐ ☒ ☐
b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of
greenhouse gases?
☐ ☐ ☒ ☐
Discussion
Would the Project:
a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases?
(a–b) Less Than Significant Impact. Gases that trap heat in the atmosphere and contribute to global climate change are referred to as greenhouse gases (GHGs). Global climate change is a change in the average weather on Earth that can be measured by wind patterns, storms, precipitation, and temperature. Although there is disagreement as to the rate of global climate change and the extent of the impacts attributable to human activities, most in the scientific community agree that there is a direct link between increased emissions of GHGs and long-term global temperature increases. State regulated GHGs include carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6). CO2 is the most abundant GHG in the atmosphere. Not all GHGs exhibit the same ability to induce climate change; as a result, GHG contributions are commonly quantified in equivalent mass of CO2, denoted as CO2e. Mass emissions are calculated by converting pollutant specific emissions to CO2e emissions by applying the proper global warming potential (GWP) value. These GWP ratios are available from the U.S. Environmental Protection Agency (USEPA) and are published in the California Climate Action Registry (CCAR) General Reporting Protocol.
By applying the GWP ratios, project related CO2e emissions can be tabulated in metric tons per year. For example, CH4 has a GWP of 25 (over a 100-year period) and N2O has a GWP of 298 (over a 100-year period); therefore, one metric ton (MT) of CH4 and N2O are equivalent to 25 MT and 298 MT, respectively, of CO2 equivalents (MTCO2e). The GWP ratios are available from the United Nations Intergovernmental Panel on Climate Change (IPCC) and are published in the Fourth Assessment Report (AR4). By applying the GWP ratios, project-related CO2e emissions can be tabulated in MT per year. Large emission sources are reported in million metric tons (MMT) of CO2e.2
2 A metric ton is 1,000 kilograms; it is equal to approximately 1.1 U.S. tons and approximately 2,204.6 pounds.
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-39 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 Impacts of GHGs are borne globally, as opposed to localized air quality effects of criteria air pollutants and toxic air contaminants. The quantity of GHGs that it takes to ultimately result in climate change is not precisely known; however, it is clear that the quantity is enormous, and no single project would measurably contribute to a noticeable incremental change in the global average temperature, or to global, local, or micro climates. From the standpoint of CEQA, GHG impacts to global climate change are inherently cumulative.
The City has not adopted a numerical significance threshold for assessing impacts related to GHG emissions that would be applicable to the Project and has not formally adopted a local plan for reducing GHG emission. When no guidance exists under CEQA, the lead agency may look to and assess general compliance with comparable regulatory schemes.3 In its January 2008 CEQA and Climate Change white paper, the California Air Pollution Control Officer’s Association (CAPCOA) identified a number of potential approaches for determining the significance of GHG emissions in CEQA documents. In its white paper, CAPCOA suggests making significance determinations on a case-by-case basis when no significance thresholds have been formally adopted by a lead agency.
The Office of Planning and Research released a technical advisory on CEQA and climate change that provided some guidance on assessing the significance of GHG emissions, and states that “lead agencies may undertake a project-by-project analysis, consistent with available guidance and current CEQA practice,” and that while “climate change is ultimately a cumulative impact, not every individual project that emits GHGs must necessarily be found to contribute to a significant cumulative impact on the environment.”4 Furthermore, the technical advisory states that “CEQA authorizes reliance on previously approved plans and mitigation programs that have adequately analyzed and mitigated GHG emissions to a less than significant level as a means to avoid or substantially reduce the cumulative impact of a project.”5 State CEQA Guidelines Section 15064.4 gives lead agencies the discretion to determine whether to assess the significance of GHG emissions quantitatively or qualitatively. Section 15064.4 recommends considering certain factors, among others, when determining the significance of a project’s GHG emissions, including the extent to which the proposed project may increase or reduce GHG emissions as compared to the existing environment; whether a proposed project exceeds an applicable significance threshold that the lead agency determines applies to a proposed project; and extent to which a proposed project complies with regulations or requirements adopted to implement a reduction or mitigation of GHGs. The California Natural Resources Agency (CNRA) Final Statement of Reasons for Regulatory Action from December 2009 similarly provides that project-level quantification of emissions should be conducted where 3 See Protect Historic Amador Waterways v. Amador Water Agency (2004) 116 Cal. App. 4th 1099, 1107 [“‘[A] lead agency’s use of existing environmental standards in determining the significance of a project’s environmental impacts is an effective means of promoting consistency in significance determinations and integrating CEQA environmental review activities with other environmental program planning and resolution.”’”]. Lead agencies can, and often do, use regulatory agencies’ performance standards. A project’s compliance with these standards usually is presumed to provide an adequate level of protection for environmental resources. See, e.g., Cadiz Land Co. v.
Rail Cycle (2000) 83 Cal.App.4th 74, 99 (upholding use of regulatory agency performance standard). 4 Governor’s Office of Planning and Research, Technical Advisory – CEQA and Climate Change: Addressing Climate Change through California Environmental Quality Act (CEQA) Review, (2008). 5 Ibid.
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-40 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 it would assist in determining the significance of emissions, even where no numeric threshold applies. In such cases, CNRA’s guidance provides that qualitative thresholds can be utilized to determine the ultimate significance of project-level impacts based on a project's consistency with plans, which can include applicable regional transportation plans. Even when using a qualitative threshold, quantification can inform “the qualitative factors” and indicate “whether emissions reductions are possible, and, if so, from which sources.”6 Neither CARB nor the City has adopted quantitative significance thresholds for assessing impacts related to GHG emissions. On December 5, 2008, the SCAQMD Governing Board adopted the staff proposal for an interim GHG significance threshold for stationary source/industrial projects where the SCAQMD is lead agency. The SCAQMD adopted a 10,000 MTCO2e per year significance threshold for industrial facilities for stationary source projects in which the SCAQMD is the lead agency. The SCAQMD has not formally adopted a significance threshold for GHG emissions generated by a project for which SCAQMD is not the lead agency, or a uniform methodology for analyzing impacts related to GHG emissions on global climate change for land use development projects, such as the Project.7 State CEQA Guidelines section 15183.5 states that a lead agency may determine that a project’s incremental contribution to a cumulative effect is not cumulatively considerable if the project complies with the requirements in a previously adopted mitigation program or plan for the reduction of GHG emissions. Per State CEQA Guidelines Section 15064(h)(3), a project’s incremental contribution to a cumulative impact can be found not cumulatively considerable if a project would comply with an approved plan or mitigation program that provides specific requirements that will avoid or substantially lessen the cumulative problem within the geographic area of a project. To qualify, such a plan or program must be specified in law or adopted by the public agency with jurisdiction over the affected resources through a public review process to implement, interpret, or make specific the law enforced or administered by the public agency (CCR, Title 14, Section 15064(h)(3)). Examples of such programs include a “water quality control plan, air quality attainment or maintenance plan, integrated waste management plan, habitat conservation plan, natural community conservation plan, [and] plans or regulations for the reduction of greenhouse gas emissions” (CCR, Title 14, Section 15064(h)(3)).
Regardless of which threshold(s) are used, the agency must support its analysis and significance determination with substantial evidence. (CEQA Guidelines, Section 15064.7). The State CEQA Guidelines recommends considering certain factors, among others, when determining the significance of a project’s GHG emissions, including the extent to which a project may increase or reduce GHG emissions as compared to the existing environment; whether a project exceeds an applicable significance threshold; and extent to which a project complies with regulations or requirements adopted to implement a reduction or mitigation of GHGs. 6 CNRA, Final Statement of Reasons for Regulatory Action, December 2009, pp. 20–26. 7 California Air Resources Board, Greenhouse Gases CEQA Significance Thresholds, http://www.aqmd.gov/home/regulations/ceqa/air-quality-analysis-handbook/ghg-significance-thresholds, accessed November 2015.
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-41 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 According to the CAPCOA, “GHG impacts are exclusively cumulative impacts; there are no noncumulative GHG emission impacts from a climate change perspective.”8 Due to the complex physical, chemical and atmospheric mechanisms involved in global climate change, there is no basis for concluding that a single project’s increase in annual GHG emissions would cause a measurable change in global GHG emissions necessary to influence global climate change.
Section 15064.4(b) of the State CEQA Guidelines states that “in determining the significance of a project’s GHGs, the lead agency should focus its analysis on the reasonable, foreseeable incremental contribution of a project’s emissions to the effects of climate change. A project’s incremental contribution may be cumulatively considerable even if it appears relatively small compared to statewide, national or global emissions.”
Absent a specific threshold, the Project would not have a significant effect on the environment if it is found to be consistent with the applicable plans and polices established within adopted regulatory documents. The Global Warming Solutions Act of 2006, also known as AB 32 and amended by SB 32, requires the State to achieve 40 percent below 1990 GHG emission levels by 2030. To achieve these goals, the CARB has established an emissions cap and developed a Climate Change Scoping Plan to identify mandatory strategies for reducing statewide GHG emissions.
The City proposes to amend the City’s Municipal Code and Zoning Code to allow for the commercial sale, cultivation, manufacture and distribution of cannabis and cannabis products within the City by permitting up to three future cannabis businesses. The Project is the adoption the Local Cannabis Program Ordinance, the approval of which would not directly result in the development of land uses and would not directly result in GHG emissions. No specific development project is proposed at this time in connection with the Cannabis Ordinance Project.
Future GHG emissions may result from future cannabis businesses including cultivation on less than 10,000 square feet associated with the Project. The Project could result in development that would contribute to local and regional short-term or temporary construction related GHG emissions.
All construction activities, even minor renovation activities or extensive interior upgrades or modifications (i.e., upgrades to electrical, lighting, irrigation, ventilation, refrigeration), would be required to comply with CARB and SCAQMD regulations and rules regarding minimizing exhaust emissions. These regulations and rules limiting heavy-duty truck idling to 5 minutes or less and using construction contractors with construction equipment fleets that are in compliance with the U.S. Environmental Protection Agency and the State’s heavy-duty equipment and vehicle regulations to minimize GHG emissions, as well as air pollutant emissions. However, because of the limited amount of vacant land as well as the limited number of future cannabis businesses that could result from Project implementation, it is likely that any such new development and construction would be limited in scale. Thus, it is unlikely that new development related to the future cannabis businesses associated with the Project would result in a level of development that would generate substantial construction GHG emissions that would 8 California Air Pollution Control Officers Association (CAPCOA), 2008. CEQA & Climate Change: Evaluating and Addressing Greenhouse Gas Emissions from Projects Subject to the California Environmental Quality Act.
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-42 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 have a significant impact on the environment or conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of GHGs.
Operation of future cannabis businesses would result in long-term occupancy and associated air emissions. However, future cannabis businesses would be limited in number and location, would be located within existing developed areas of the City in proximity to other existing businesses, and would be similar to other permitted retail and light industrial uses. Furthermore, the Project would not change regional growth projections and as such, would not be expected to result in a substantial net increase in vehicle miles traveled and related emissions and would not result in a level of development that would generate operational GHG emissions that would have a significant impact on the environment or conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of GHGs.
The Project would permit up to three future cannabis businesses within specified commercial or light industrial zones that meet the development criteria established in the Cannabis Ordinance Project. However, no specific development project is proposed at this time in connection with the Cannabis Ordinance Project. However, such future development would be subject to permit review and conditions to address new site specific demand for energy resources and compliance with energy reduction strategies to ensure conformance with adopted goals and regulations for GHG emissions. Indoor cultivation could result in GHG emissions as a result of associated energy demands. Given that energy use is a primary component of regional GHG emissions, many regulations and policies adopted by the State as discussed above are targeted at reducing overall energy demands of existing and new development. Indoor cultivation has relatively intensive energy demands, often requiring large amounts of electricity to power equipment, such as grow lights, space heating, water heating, HVAC and dehumidifation, CO2 injection, and drying/curing.9 The Cannabis Ordinance Project places permit and approval requirements on cannabis businesses, including cultivation on less than 10,000 square feet and manufacturing.
Section 17.84.040(F) requires cannabis businesses to submit an operations plan to the Director for approval by the Director and Chief of Police, which among other requirements, includes addressing water preservation. Section 17.84.070(F) places development standards on cannabis businesses that includes cultivation and requires that, among other requirements, the operations plan in Section 17.84.040(F) include a cultivation plan that meets or exceeds minimum legal standards for water usage, conservation and use; drainage, runoff, and erosion control; a description of a legal water source, irrigation plan, and projected water use; and identify the source of electrical power and plan for compliance with applicable Building Codes and related codes. Section 17.84.090(J) places performance standards on cannabis businesses including compliance with the City's lighting standards including, without limitation, fixture type, wattage, illumination levels, shielding, and secure the necessary approvals and permits as needed.
Based on the above, future cannabis businesses associated with the Project would not directly conflict with adopted GHG reduction plans, policies or regulations. In addition, given that any 9 Based on CEQA Up in Smoke, a presentation given at the San Diego Association of Environmental Professionals, every 2.2 pounds of cannabis produced indoors requires approximately 5,000 kilowatt-hours of energy. For comparison, the production of 2.2 pounds of aluminum, an energy-intensive product, requires 16 killowatt-hours of energy. (CEQA Up in Smoke, Powerpoint presentation prepared by Best Best & Krieger LLP and Rincon Consultants, San Diego Association of Environmental Professionals, September 28, 2017).
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-43 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 future facilities would be required to comply with adopted regulations and policies to reduce GHG emissions through energy conservation, GHG emission impacts would be less than significant.
References
Best Best & Krieger LLP and Rincon Consultants. 2017. CEQA Up in Smoke, PowerPoint presentation. Presented to San Diego Association of Environmental Professionals.
September 28, 2017
CAPCOA (California Air Pollution Control Officers Association). 2008. CEQA & Climate Change: Evaluating and Addressing Greenhouse Gas Emissions from Projects Subject to the California Environmental Quality Act.
CARB (California Air Resources Board). Greenhouse Gases CEQA Significance Thresholds, http://www.aqmd.gov/home/regulations/ceqa/air-quality-analysis-handbook/ghgsignificance-thresholds.
CNRA (California Natural Resources Agency). Final Statement of Reasons for Regulatory Action, December 2009, pp. 20–26.
OPR (Governor’s Office of Planning and Research). 2008. Technical Advisory – CEQA and Climate Change: Addressing Climate Change through California Environmental Quality Act (CEQA)Review, (2008).
Protect Historic Amador Waterways v. Amador Water Agency (2004) 116 Cal. App. 4th 1099, 1107.
3. Initial Study/Environmental Checklist
City of Covina’s Local Cannabis Program Ordinance Project 3-44 ESA / D202100759.03 Initial Study/Mitigated Negative Declaration January 2023 Hazards and Hazardous Materials
Issues (and Supporting Information Sources):
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
IX. HAZARDS AND HAZARDOUS MATERIALS —
Would the project:
a) Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials?
☐ ☐ ☒ ☐
b) Create a significant hazard to the public or the
environment through reasonably foreseeable upset
and accident conditions involving the release of
hazardous materials into the environment?
☐ ☐ ☒ ☐
c) Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste
within one-quarter mile of an existing or proposed
school?
☐ ☐ ☒ ☐
d) Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or the environment?
☐ ☒ ☐ ☐
e) For a project located within an airport land use plan or, where such a plan has not been adopted, within
two miles of a public airport or public use airport,
would the project result in a safety hazard or
excessive noise for people residing or working in the
project area?
☐ ☐ ☐ ☒
f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency
evacuation plan?
☐ ☐ ☒ ☐
g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires?
☐ ☐ ☒ ☐
Discussion
Would the Project:
a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?
Less than Significant Impact (a–b).
Construction
It is anticipated that development of the future cannabis businesses including cultivation of cannabis on less than 10,000 square feet associated with the Project would primarily locate within existing structures and require minor renovation activities or extensive interior upgrades or modifications (i.e., upgrades to electrical, lighting, irrigation, ventilation, refrigeration) and that