BEFORE THE CITY COUNCIL OF THE CITY OF FORT BRAGG
An UNcodifiED interim urgency measure of the city council of fort bragg extending interim ordinance no. 975-2021 placing a moratorium on the approval of applications and permits for Cannabis dispensaries in the inland zoning area
URGENCY ORDINANCE
NO. 976-2022
WHEREAS, Government Code section 65858 allows a city to adopt, as an urgency measure, an interim ordinance for the immediate preservation of the public safety, health and welfare without following the procedures otherwise required prior to adoption of a zoning ordinance; and WHEREAS, the City of Fort Bragg (“City”) previously adopted ordinances governing cannabis businesses, including dispensaries and manufacturing; and WHEREAS, on November 21, 2019, the City Council of the City of Fort Bragg (“City Council”) adopted Ordinance 953-2019 which established rules and regulations by which cannabis dispensary businesses may be permitted; and WHEREAS, on January 25, 2021, the City Council conducted a public hearing and considered the appeal of the Fort Bragg Planning Commission denial of Minor Use Permit 4-20 (MUP 4-20) on the proposed Sunshine Holistic Microbusiness at 144 N. Franklin Street. City Council failed to take action by a majority vote, which resulted in upholding the Planning Commission’s denial of MUP 4-20; and WHEREAS, on September 1, 2021, the City Council conducted a public hearing and considered the appeal of the Fort Bragg Planning Commission denial on Minor Use Permit 1-21 (MUP 1-21) on the proposed Sunshine Holistic Cannabis Dispensary at 144 N. Franklin Street. City Council failed to take action by a majority vote, which resulted in upholding the Planning Commission’s determination that the proposed use was not compatible with the existing and future land uses of that neighborhood and that there was not sufficient evidence that the required noticing of the Minor Use Permit, the Minor Use Permit Administrative Hearing, and the Minor Use Permit Appeal were properly posted at the property; and WHEREAS, during the appeals of both the Sunshine Holistic Minor Use Permit applications, the City Council, the Planning Commission and members of the public raised concerns about the impact of residential uses located in or near the Central Business District (CBD) where cannabis dispensaries are allowed with an approved Minor Use Permit; concerns over the number of dispensaries allowed in the CBD and whether a maximum number should be set to avoid overconcentration of cannabis dispensaries; and the proximity of cannabis dispensaries to facilities that could be defined as a “youth center” including the City Hall gymnasium located at 213 East Laurel Street; and WHEREAS, Chapter 9.30 Cannabis Businesses of the Municipal Code does not define “youth center” nor does the Fort Bragg Inland Land and Use Development Code define “youth center” or address it; therefore, California State law requires a 600-foot separation between youth centers and cannabis storefronts; and WHEREAS, the City received a completed application for a cannabis dispensary located at 362 N. Franklin Street which is directly across the street from the City Hall gymnasium located at 213 East Laurel Street and within the 600-foot buffer required by California State law; and WHEREAS, City staff have determined that seventy-nine percent (79%) of the total hours the City Hall gymnasium located at 213 East Laurel Street was rented for activities associated with youth activities but that number fell to nineteen percent (19%) of hours when the gymnasium and City Hall are considered together as a single site. A determination by the City Council that the City hall gymnasium is a “youth center” will impact the City’s ability to permit cannabis dispensary businesses in the Central Business District and uses may be in conflict with a contemplated general plan, specific plan or zoning proposal that the City Council is considering related to cannabis businesses; and WHEREAS, the City intends to study whether it would be appropriate to amend how the City regulates cannabis dispensaries in the Inland Zoning Areas; and WHEREAS, the City of Fort Bragg City Council adopted Interim Urgency Ordinance No. 972-2021 on September 27, 2021 by five-fifths (5/5) vote placing a 45-day moratorium on the Approval of Applications and Permits for Cannabis Dispensaries in the Inland Zoning Area; and WHEREAS, on October 25, 2021, the City Council considered a number of outstanding issues on Cannabis Dispensaries; and WHEREAS, on October 25, 2021, the City Council issued a report on actions taken to alleviate the conditions that led to the adoption of Ordinance No. 972-2021, placing a 45-day moratorium on the Approval of Applications and Permits for Cannabis Dispensaries in the Inland Zoning Area; and WHEREAS, On November 8, 2021, the Fort Bragg City Council adopted Urgency Ordinance No. 975-2021 by five-fifths (5/5) vote, effectively extending Interim Ordinance No. 972-2021 for four months, or until March 8, 2022; and WHEREAS, on November 8, 2021 and December 13, 2021, Council conducted additional review of outstanding issues on Cannabis Dispensaries; and WHEREAS, on February 14, 2022, the City Council issued a report on actions taken to alleviate the conditions that led to the adoption of Ordinance No. 975-2021; and WHEREAS, on February 23, 2022, the Planning Commission held a duly noticed Public Hearing to consider and recommend to City Council the adoption of amendments to Title 18 of the Inland Land Use and Development Code regulating Cannabis Businesses; and WHEREAS, based on the report, the City Council has determined that the circumstances and conditions that led to the adoption of Interim Urgency Ordinance No. 972-2021 and Urgency Ordinance No. 975-2021, have not been alleviated as of the date of this Urgency Ordinance and continue to create the concerns described in Interim Urgency Ordinance No. 972-2021 and Urgency Ordinance No. 975-2021; and WHEREAS, the notice and public hearing required by Government Code Section 65858(a) for the extension of Interim Urgency Ordinance No. 975-2021 have been provided in accordance with applicable law; and WHEREAS, based on the foregoing the City Council finds that approving applications and permits for Cannabis Dispensaries prior to completion of the City’s study may conflict with future amendments to the City’s General Plan, Specific Plan or zoning code.
WHEREAS, all legal prerequisites prior to the adoption of this Ordinance have occurred.
NOW, THEREFORE, the City Council ordains as follows:
Section 1. Findings. The City Council hereby finds as follows:
All the recitals, facts, findings, and conclusions set forth above in this Ordinance are true and correct.
This Ordinance is not a “project” under the California Environmental Quality Act (CEQA) and is therefore exempt from CEQA review. CEQA defines a “project” as including an activity directly undertaken by a public agency that “may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” (Pub. Res. Code, §21065.) The proposed Ordinance will not do either.
This Ordinance concerns activities intended to preserve the status quo while the City considers further regulation relating to cannabis dispensaries in the Inland Zoning Areas, and does not constitute a “project” as defined by CEQA and will not result in a direct or reasonably foreseeable indirect physical change in the environment pending the review of overconcentration issues (Pub. Res. Code, §21065, CEQA Guidelines §§15060(c)(2)(3); 15061(b)(3); 15064(d)(3); and 15378(a).).
The establishment and expansion of cannabis dispensaries in the Inland Zoning Area has created a current and immediate threat to public health, safety, and welfare because cannabis dispensaries may be located directly adjacent to residential uses, creating a potential for conflict between incompatible and potentially unsafe adjacent land uses. Cannabis dispensaries located within 600 feet of facilities that are defined as a “youth center” conflict with State law and create a potential hazard to the health, safety and welfare of minor children.
The future establishment and expansion of cannabis dispensaries and production in the Inland Zoning Area allowed with a Minor Use Permit (MUP) would further threaten public health, safety, and welfare in the Inland Zoning Area.
The City intends to study whether it would be appropriate to amend how the City regulates cannabis dispensaries in the Inland Zoning Area.
This ordinance is intended to protect the public health, safety, and welfare by prohibiting the establishment of any new cannabis dispensary use with an MUP or expansion or modification of those uses while the City studies and enacts new land use regulations. The continued establishment, expansion, and modification of these uses during this process would defeat the City Council’s objectives in studying and potentially adopting new regulations governing these uses in the area.
Approval of cannabis dispensary uses may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, Planning Commission or the planning department is considering or studying or intends to study within a reasonable time.
This ordinance promotes the public health, safety, convenience, and welfare of the City.
Section 2: Moratorium on Cannabis Dispensaries. The City of Fort Bragg extends the declared moratorium to establish a cannabis dispensary on any parcel, which is, in whole or in part, in the Inland Zoning Area for ten months through December 28, 2022. However, the City will continue to accept and process applications for such businesses.
Section 3: Inconsistencies. Any provision of the City of Fort Bragg Municipal Code thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance.
Section 4: Severability. If any chapter, article, section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Ordinance, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance or its application to other persons. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional. No portion of this Ordinance shall supersede any local, state, or federal law, regulation, or codes dealing with life safety factors.
Section 5: Uncodified Ordinance. This Ordinance is to be uncodified.
Section 6: Immediately Effective. This Ordinance shall become effective February 28, 2022 and shall remain in effect for ten months through December 28, 2022, unless prematurely terminated.
Section 7: Certification. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted or published in the manner as required by law.
The foregoing Urgency Ordinance was introduced by Councilmember and adopted by no less than the required 4/5 vote at a regular meeting of the City Council of the City of Fort Bragg held on February 28, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
________________________________
BERNIE NORVELL
Mayor
ATTEST:
______________________________________
June Lemos, MMC
City Clerk
PUBLISH DATE: March 10, 2022
EFFECTIVE DATE: February 28, 2022
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