Residential
In residential buildings, a proposed building with electric space- or water-heating is already compared to a standard building with these electric end-uses. Thus, no cost effectiveness criteria is explicitly required for the electrification of these end-uses.
Nonresidential
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Packet Pg. 539 Attachment: 2019 TRC All Electric Memo (3738 : 2022 Electrification Reach Code) MEMORANDUM (continued)
To: Gabriel Taylor and Peter Strait (CEC) October 29, 2019 Re: Interpretation of All-Electric Reach Codes
In nonresidential buildings, the prototypes examined in the cost effectiveness analysis only included space heating and water heating electrification. Other end uses targeted in the all-electric ordinances are unregulated appliances such as cooking and clothes drying which are not modeled in Title 24 compliance calculations. Adding requirements for these end uses to be electric does not impact the TDV budget for the building or compliance with Title 24.
Nonetheless, these appliances will impact the overall first cost of the code-compliant all-electric building as well as operational impacts. These impacts however are likely to be insignificant compared with the net present value (NPV) savings. The summary of NPV savings for the retail and hotel occupancies is summarized in the table below for select climate zones. 1 Climate
Zone
Lifetime NPV of Savings
Medium Retail Small Hotel
2 $17,100 $1.27M
3 $25,900 $1.27M
4 $14,700 $1.26M
6 $21,000 $1.26M
12 $19,000 $1.26M
In comparison, electric cooking and clothes drying first cost difference compared to natural gas versions may be has high as $800-$2000 per appliance.2 Operational cost increases are around $2,000 per appliance over the building’s lifetime.3 Thus the added first and operational costs for electric appliances are unlikely to be greater than the significant cost savings resulting from eliminating natural gas infrastructure. We thus propose that existing cost-effectiveness studies should be sufficient to justify city all-electric proposals.
Any guidance on this approach and/or code language format is much appreciated. 1 These cost figures are interpolated for the 0% code-compliant all-electric prototypes. The nonresidential reach code cost effectiveness analysis did not isolate an energy code compliant all-electric package, but presented results for a federal code minimum building (which was not energy code compliant in this jurisdiction’s climate zone) and for a cost-effective package of energy efficiency measures (which was found to be energy code compliant by a large margin in the jurisdiction’s climate zone). 2 Induction cooking prices can vary widely, based on online retailer search. Lower cost induction cooktops are available. Clothes dryer costs attained from two sources:
1) 2019 Cost-effectiveness Study: Low-Rise Residential New Construction, prepared for IOU Codes and Standards Program by Frontier Energy and Misti Bruceri & Associates (August 2019). 2) Residential Building Electrification in California, prepared for SMUD, LADWP, and PG&E by E3. (April 2019) 3 Figures for cooking and clothes drying appear to be similar:
1) Cooking figure based on range top technology assessment by Fishnick. https://fishnick.com/equipment/techassessment/5_range_tops.pdf 2) Clothes drying figure based on aforementioned E3 study from April 2019.
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Packet Pg. 540 Attachment: 2019 TRC All Electric Memo (3738 : 2022 Electrification Reach Code)
CITY OF HEALDSBURG
CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: September 6, 2022
SUBJECT: Renewal of the Healdsburg Tourism Improvement District PREPARED BY: Raina Allan, City Clerk
STRATEGIC INITIATIVE(S):
Establish Proactive Policies/Programs to Continue to Promote Economic Diversity & Sustainable Growth
Provide Effective Governance
RECOMMENDED ACTION(S):
Receive public testimony on the request to renew the Healdsburg Tourism Improvement District and provide feedback to staff.
COMMUNITY ENGAGEMENT/OUTREACH:
Not. Applicable.
BACKGROUND:
The Property and Business Improvement District Law of 1994 grants cities and counties the authority to establish and renew “property and business improvement districts” for the purpose of levying assessments against businesses in the district to pay for the cost of certain improvements and activities benefiting those businesses paying the assessment. Funds raised are returned to the private non-profit entity governing the district.
Under the 1994 Act, a Business Improvement District (“BID”) can only be established or renewed by the submission of a written petition signed by the business owners in the proposed district who will pay more than 50% of the assessments. Petitioners are required to prepare and submit a Management District Plan along with their petition. The contents of the Management Plan lay out the boundaries of the district, the timing and method of assessments, and the improvements and activities to be financed. In addition, the Management Plan must designate the number of years the assessment will be levied. A BID can only be renewed for no more than 10 years, unless certain other processes are followed.
Activities and improvements allowed under the 1994 Act include:
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Activities
1. Promotion of public events which benefit businesses or real property in the district
2. Furnishing of music in any public place within the district
3. Promotion of tourism within the district
4. Marketing and economic development, including retail retention and recruitment
5. Providing security, sanitation, graffiti removal, street and sidewalk cleaning, and other municipal services supplemental to those normally provided by the municipality within the district
6. Other services provided for the purpose of conferring special benefit upon assessed businesses and real property located in the district
Improvements
1. Parking facilities
2. Benches, booths, kiosks, display cases, pedestrian shelters and signs
3. Trash receptacles and public restrooms
4. Lighting and heating facilities
5. Decorations
6. Parks
7. Fountains
8. Planting areas
9. Closing, opening, widening or narrowing of existing streets
10. Facilities and/or equipment to enhance security of persons and property within the district
11. Ramps, sidewalks, plazas and pedestrian malls
12. Rehabilitation or removal of existing structures
The City Council initiated proceedings to renew a BID, on August 2, 2022 by adopting a resolution of intention containing a brief description of the proposed activities and improvements, exterior boundaries, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property or business owners and whether bonds will be issued.
DISCUSSION/ANALYSIS:
In 2013 the Healdsburg Chamber of Commerce, working with the hoteliers in the City, developed and formed the Healdsburg Tourism Improvement District (“HTID”) in compliance with the 1994 Act. The HTID is an assessment district that funds the marketing and sales promotion efforts of Healdsburg lodging businesses. The HTID was initially formed for a five (5) year term.
On November 20, 2017, the City Council renewed the HTID for an additional five (5) year term, which will end on December 21, 2022, unless renewed.
In early 2022, the City received notice from the HTID that the lodging businesses now wish to renew the HTID for an additional ten (10) years, beginning January 1, 2023 through December 31, 2032. At that time, the HTID also submitted the draft 2023-2032 Healdsburg Improvement District Management Plan (“Management Plan”) which outlined the activities to be financed with the assessment revenue.
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At the August 2, 2022, City Council meeting, Council adopted the Resolution of intention and set dates for future action.
The HTID is proposing to allocate a minimum of 12.5% of the HTID annual budget to district development projects including services, improvements and activities which the HTID suggests will improve the quality of life in the community while also supporting the District’s purpose of increasing guest visits. For 2023, approximately $187,500 of HTID revenue would be made available to support services and projects in the community.
The attached draft Management Plan has been prepared by the District’s consultant and reflects the HTID’s proposed spending plan for the life of the HTID (through 2032). The Management Plan also identifies the location of the District encompassing all existing and future lodging businesses within the boundaries of the City, proposes to continue the annual assessment rate of 2% of gross short-term room rental revenue, and identifies all of the activities to be financed including sales and marketing, district development projects, administration and operations, City administration fee and contingency/reserve. In addition, the Management Plan designates the assessments will be levied for a period of 10 years, beginning January 1, 2023 through December 31, 2032. The draft Management Plan has been accepted by the lodging businesses. The City Council has the right to make changes to the Management Plan before giving its final approval.
The proposed Management Plan includes the following changes from the current Management Plan in place:
Time Period
Assessment
City Admin. Fee
Proposed Annual Budget
Budget Allocation Amount % Amount %
Sales and Marketing $ 360,125 60.0% $ 1,070,000 71.3%
District Development $ 135,047 22.5% $ 187,500 12.5%
Administration and Ops* $ 60,021 10.0% $ 150,000 10.0%
Contingency/Reserve $ 30,010 5.0% $ 75,000 5.0%
City Collection Fee $ 15,005 2.5% $ 17,500 0.0116%
*Admin & Ops Budget
5 years 10 years
Current Proposed
$65,000 annual cap in costs No annual cap
$ 600,209 $ 1,500,000
0.025% 0.0116%
2%
2%, and gives the HTID Board the
ability to increase or decrease the
rate annually by no more than .5%
between a range of 1% and 3%
Under the Management Plan, the Healdsburg Chamber of Commerce would continue to serve as
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the HTID’s Owners’ Association and be responsible for managing funds and implementing programs in accordance with the Management Plan, as well as providing annual reports to the City. The total HTID annual budget for the initial year of its ten (10) year operation is anticipated to be approximately $1,500,000. Signed petitions in favor of renewing the HTID have been received from business owners in the proposed district who will pay more than 50 percent of the assessments proposed to be levied, meeting the statutory requirement to initiate this renewal process.
Renewal of the HTID is a four-step process, as follows:
1. Step 1 (Completed) – Council will consider whether or not to initiate the request to renew the HTID. If Council elects to move forward with the renewal, they will adopt the Resolution of Intention to renew the HTID and set the date and time of a public meeting and a public hearing where the request for renewal will be considered further.
2. Step 2 (Tonight) – Council will hold a public meeting to allow public testimony and Council feedback on the request to renew the HTID.
3. Step 3 (Proposed for October 3rd) – Council will hold a public hearing to allow public testimony on the request to renew the HTID and to allow the Council to consider approval of the renewal. At the conclusion of the public hearing, the City Council may adopt, revise, change, reduce, or modify the proposed assessment or the type or types of improvements, maintenance, and activities to be funded with the revenues from the assessments. If the Council elects to renew the HTID, following the public hearing, they will introduce for first reading, an Ordinance of District Formation. and approve the Owners’ Association Agreement with the Chamber of Commerce to administer and implement the improvements and activities of the HTID.
4. Step 4 (Proposed for October 17th) – Council will consider adoption of the Ordinance.
Upon successful passage of the ordinance, the HTID shall be renewed, and the ordinance shall go into effect thirty (30) days after successful passage of the ordinance. Also, at this meeting the Council will approve the Owners’ Association Agreement with the Chamber of Commerce to administer and implement the improvements and activities of the HTID.
ENVIRONMENTAL STEWARDSHIP:
Not Applicable.
ALTERNATIVES:
Staff’s recommendation is to hear public comment and provide feedback on the terms of the proposed renewal. At the next meeting, scheduled for October 3rd, the Council may: 1) make changes to the Management Plan, or 2) provide other direction to staff.
FISCAL IMPACT:
The proposed assessment may not exceed 2% of the gross rental receipts from all overnight stays in the City. During the ten (10) year term, the assessment rate may be increased or decreased annually by the HTID Owners’ Association by a maximum of one half of one percent (0.5%) of gross room rental revenue per year. The total assessment rate may not exceed three percent (3%) and may not be less than one percent (1%).
Consistent with the City’s current TOT ordinance, all types of lodging 30 consecutive calendar
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days or less are proposed to be included in the assessment. Lodging operators would collect the assessment from their guests and report and pay the assessment when they pay their Transient Occupancy Tax. The assessment estimates the HTID would generate approximately $1,500,000 on an annual basis.
The City would function as the fiscal agent for the HTID, with responsibility for collecting revenue/payment and remitting proceeds to the Owners’ Association. The City would retain
0.0116% or approximately $17,500 per year based on the $1,500,000 annual budget to cover its costs of collection and administration. This amount is based on an assessment of the current costs to provide this service.
ENVIRONMENTAL ANALYSIS:
Pursuant to Title 14, the California Code of Regulations, Section 15378(b)(5) of the California Environmental Quality Act (“CEQA”) guidelines, the proposed action is an administrative activity of the City that will not result in direct or indirect physical changes to the environment.
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CITY OF HEALDSBURG
CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: September 6, 2022
SUBJECT: Commercial Cannabis Uses - Land Use Code Amendments PREPARED BY: Scott Duiven, Community Development Director STRATEGIC INITIATIVE(S):
Provide Effective Governance
RECOMMENDED ACTION(S):
Provide comments and direct staff to proceed with the development of an ordinance updating the Healdsburg Land Use Code to allow for commercial cannabis uses.
COMMUNITY ENGAGEMENT/OUTREACH:
The Council held a publicly noticed Work Session on Thursday, November 18, 2021 to discuss options for commercial cannabis uses. Staff presented materials at the Work Session that went over a range of alternatives regarding cannabis, from continuing the existing prohibition on commercial cannabis uses to allowing various types of commercial cannabis uses across the city.
At Council’s direction, City staff prepared a community survey in January 2022 in English and Spanish, with a survey end date of February 11, 2022. A total of 604 persons responded to the survey. The results were provided and discussed with the Council at the May 5, 2022 Council Meeting and the City Council provided direction to staff on next steps.
BACKGROUND:
The City of Healdsburg currently prohibits all commercial cannabis uses in the community. As required by Proposition 64, the City permits medical and nonmedical cannabis use and cultivation by individuals subject to specific requirements as outlined in Section 20.20.100 of the Healdsburg Municipal Code (HMC). At its November 18, 2021 Work Session, the Council discussed various issues and approaches relating to whether to allow commercial cannabis uses.
The staff report included:
• A Timeline and Overview of Federal and State Cannabis laws • Definitions
• Types of commercial cannabis activities
• Types of cannabis products
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• A layperson’s explanation of what the laws say
• How State regulation and licensing work
• Zoning considerations for various commercial cannabis activities, including information about crime and cannabis
• Equity and Cannabis
• How other cities in Sonoma County regulate cannabis
• Taxation and revenue issues.
At the conclusion of the Work Session, the Council directed staff to conduct a community survey and to report back with the survey’s results as well as with an approach to commercial cannabis based in part on the survey and in part on Council’s direction to move away from a prohibition and to allow and apply limits to commercial cannabis uses.
On May 5, 2022, staff returned to City Council and discussed the results of the community survey. Staff also provided City Council with a proposed approach for commercial cannabis uses and received feedback from the Council on the proposed approach. Staff received direction to continue with the development of a regulatory program for cannabis uses and return with formal land use code amendments.
DISCUSSION/ANALYSIS:
Attachment 1 to this staff report provides a red-line version of the draft land use code amendments required to establish commercial cannabis uses within the City of Healdsburg. The draft land use code amendments consider Council feedback received to date. Staff are requesting feedback on the draft land use code amendments prior to moving ahead with the code amendment adoption process.
The table below summarizes the proposed changes to the permitted and conditionally permitted uses in the five zoning districts that were identified for commercial cannabis uses during the May 5 th Council meeting. Staff is looking for feedback as to whether or not the uses provided in the table represent the range of commercial cannabis uses that Healdsburg would like to permit and, if so, whether the proposed cannabis uses permitted in the appropriate zones.
Permitted (P) and Conditionally Permitted I
Uses
Plaza
Retail
(PR)
Downtown
Commercial
(CD)
Service
Commercial
(CS)
Mixed
Use
(MU)
Industrial
(I)
Specific Use
Regulations
Cannabis storefront retailer (dispensary) - P P P P HMC
20.20.095
Cannabis microbusiness (without cultivation) - P P P P HMC
20.20.095
Cannabis manufacturing facility (non-volatile/no
solvents)
- - - - P HMC
20.20.095
Cannabis manufacturing facility (volatile solvents) - - - - - Cannabis distributor - - - - P HMC
20.20.095
Cannabis testing laboratory - - - - P HMC
20.20.095
Based on Council input at the May 5th meeting staff has included location requirements for dispensaries. "Path of travel” was selected as opposed to simple buffers in an effort to address barriers to path of travel such as the railroad right-of-way and Foss Creek. A buffer from a sensitive receptor on one side of a barrier could impact the potential location of a commercial
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cannabis use on a parcel on the other side of that barrier which for all intents and purposes has adequate separation. This could result in a commercial cannabis use being physically located close to a sensitive receptor but not readily accessible from a path of travel perspective.
Attachment 2 illustrates the properties within the above zoning districts where dispensaries could be located based on the following criteria:
a. A retail dispensary which is open to the public may only be located within the allowed zoning district(s) under Table 10 of Section 20.08.145 and Table 12 of Section 20.08.155.
b. A retail dispensary shall not be established on any parcel containing a dwelling unit, or immediately abutting a residential zoning district. Residentially zoned does not include mixed-use zoning for purposes of this chapter.
c. A retail dispensary shall not be established within five hundred feet from any public or private school, licensed childcare facility, or youth center. d. A retail dispensary shall not be established within two hundred and fifty feet of any park or library.
e. The distances listed above shall be measured between the nearest entrances of the retail dispensary and the above listed use, along the shortest route intended and available for public passage.
The draft ordinance limits the number of retail dispensaries to two. A Type 12 microbusiness license would count as a retail dispensary under the limits on the number of dispensaries. Also note that while the Type 12 microbusiness license from the State allows for up to 10,000 square feet of cultivation area, the proposed land use code amendments for Healdsburg do not allow for cultivation as part of a microbusiness. In addition, a Type 9 non-storefront retailer (delivery only) is not a permitted commercial cannabis use in the proposed land use code amendments.
The land use code amendment process will include a workshop with the Planning Commission, which will lead to a subsequent public hearing before the Commission to recommend adoption by Council. A tentative timeline for code adoption based on noticing requirements is provided below:
Planning Commission Workshop – October 25, 2022
Planning Commission Scheduled Approval – November 22, 2022 City Council First Reading – January 16, 2023
City Council Adoption – February 6, 2023
Effective Date – March 7, 2023
As the land use code amendments move forward, staff will also be working to develop and finalize the selection process for cannabis dispensaries based on previous City Council direction.
Staff will bring back a proposed selection process for dispensaries concurrent with the final
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adoption of the land use code amendments. This process will include a request for proposals (RFP process) that will take into account several factors based on Council feedback to date. The RFP Process will allow for the selection of up to two dispensary operators. Dispensaries selected through this process would then apply for a commercial cannabis permit subject to the requirements as outlined in the attached proposed land use code amendments.
Areas for Council feedback may include but are not limited to:
• Does the proposed ordinance reflect the range of desired commercial cannabis uses? • Are the proposed commercial cannabis uses located in the appropriate zoning districts? • Is the council comfortable with the proposed locational criteria and approach with respect to sensitive receptors?
• Are there additional development standards or operational criteria which should be incorporated into the ordinance?
• Is the council supportive of the overall approach to permitting commercial cannabis uses presented in the attached land use code amendments?
ENVIRONMENTAL STEWARDSHIP:
Should Council move towards allowing commercial cannabis operations in Healdsburg as proposed, there may be limited reductions in greenhouse gas emissions as fewer individuals may travel out of town to neighboring jurisdictions to purchase cannabis from other cities’ dispensaries.
ALTERNATIVES:
Council could decide not to amend the municipal code, leaving the current prohibitions in place.
Council could decide to move forward with a more “free-market” approach to cannabis that is more aggressive than the one proposed.
FISCAL IMPACT:
Staff time for drafting up the new ordinance is included in the budget. Council also allocated funds to complete an RFP process within the fiscal year 2022-23 budget.
ENVIRONMENTAL ANALYSIS:
Pursuant to California Environmental Quality Act (“CEQA”) and Title 14, the California Code of Regulations Section 15378(b)(2), the recommended action at this point in time is administrative in nature and does not qualify as a “Project” under CEQA. Therefore, no further CEQA or environmental review is required.
ATTACHMENT(S):
Draft Land Use Code Amendments
Parcels Eligible for Commercial Cannabis Uses
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ATTACHMENT 1
Proposed amendments to Healdsburg Land Use Code
for Commercial Cannabis Uses
(changes noted through underlining and strikeout)
AMEND USE TABLES (Commercial, Mixed Use, and Industrial zones) Section 20.08.145 Permitted and conditionally permitted uses in the Plaza Retail (PR), Downtown Commercial (CD), and Service Commercial (CS) Districts shall be amended to allow commercial cannabis uses as follows:
20.08.145 Permitted and conditionally permitted uses: PR, CD, and CS Districts The following permitted and conditionally permitted uses may be allowed in the PR, CD and CS Districts. Chapter
20.28 HMC, Article V describes the procedures for obtaining a conditional use permit.
Table 10 Permitted and conditionally permitted uses: PR, CD and CS Districts Permitted (P) and Conditionally Permitted (C) Uses PR CD CS Specific Use Regulations
Residential Uses
Accessory dwelling unit P P P HMC 20.20.010
Day care, general -- C C
Day care, limited -- P P
Homeless shelters -- -- P
Multifamily dwellings located on the same site as a commercial use – above ground floor C P P
Multifamily dwellings located on the same site as a commercial use – any floor -- P P Residential care, general -- C C
Residential care, limited -- P P
Single-room occupancy dwellings located on the same site as a commercial use – above ground floor C P P
Single-room occupancy dwellings located on the same site as a commercial use – any floor -- P P
Supportive housing P P P
Transitional housing P P P
Vacation rental -- C --
Retail Trade and Services
Ambulance service -- -- P
Antique car display and sales -- C P
Antique sales – above ground floor P P C
Antique sales – ground floor C P C
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Packet Pg. 550 Attachment: Draft Land Use Code Amendments (3744 : Cannabis Land Use Code Amendments) Permitted (P) and Conditionally Permitted (C) Uses PR CD CS Specific Use Regulations
Art galleries and picture framing with art sales P P P
Arts and crafts schools -- P P
Arts, crafts and hobby stores, including instructional classes as an accessory use P P P Automobile rentals -- -- P
Automobile washing (self-service) -- -- P
Automotive repair -- -- C
Automotive sales and service, new and used, with auto service -- -- P Automotive service stations, including smog testing, minor repair (tune-ups and brake repair only), towing services, vehicle storage and mini-markets -- -- C Automotive supply stores -- P P
Automotive upholstery shops -- -- C
Bakeries, retail P P P
Banks, savings and loans, thrift and loans, credit unions, including automated teller machines and drive-through facilities -- C C
Banks, savings and loans, thrift and loans, credit unions, including automated teller machines (no drive-through) C P P
Barber shops/beauty shops – above ground floor P P P
Barber shops/beauty shops – ground floor -- P P
Bars and cocktail lounges C C C HMC 20.20.075
Beer and wine sales (off-premises consumption), ancillary to mini-market retail sales contained within a service station -- -- C HMC 20.20.075 Bicycle sales and repair shops, including rentals -- P P Blueprint and photo reproduction shops -- P P
Boat sales and service -- -- P
Bookstores and newsstands – above ground floor P P P
Bookstores and newsstands – ground floor C P P
Bowling alleys -- -- P
Building material sales -- -- C
Bus depots C C C
Cabinet shops -- -- C
Cannabis Storefront Retailer (Dispensary) -- P P HMC 20.20.095 Cannabis Microbusiness (without cultivation) -- P P HMC 20.20.095 Card and stationers’ stores P P P
Carnivals and circuses, temporary -- -- C
Catering shops (food to go only) -- P P
Christmas tree sales lots, temporary P P P
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Packet Pg. 551 Attachment: Draft Land Use Code Amendments (3744 : Cannabis Land Use Code Amendments) Permitted (P) and Conditionally Permitted (C) Uses PR CD CS Specific Use Regulations
Clothing and shoe establishments, including clothing sales (new merchandise only), tailor shops, and dressmaking establishments P P P
Computer retail sales -- P --
Consignment sales with incidental sales of used goods and clothing -- P P Contractors’ equipment rental yards & equipment rental yards -- -- C Contractors’ shops with no outdoor storage of heavy equipment -- -- P Delicatessens and gourmet food sales with incidental catering P P C Dental labs -- P P
Department stores -- P P
Dry cleaners and laundries -- P P
Electronic games centers (4 or more games) -- C C
Fabric shops P P P
Farmers markets C C C
Firearm dealers -- -- C HMC 20.20.105
Floor covering and drapery sales -- C P
Florists, including outdoor sales P P P
Food and cold storage lockers -- C P
Food stores over 3,500 square feet in retail sales -- P P Food stores up to 3,500 square feet in retail sales C P P Furniture repair -- P P
Furniture stores, retail P P P
Gift shops P P P
Glass shops (glaziers) -- -- P
Hardware, paint and wallpaper stores, with no firearm sales -- P P Hardware, paint and wallpaper stores with firearm sales -- -- C HMC 20.20.105 Health clubs, gymnasiums and dance studios -- C P
Home electronics and household appliance stores, including television, stereo, radio, telephone, computer and related sales (includes repair and installation services) -- P P Hotels, extended stay hotels and motels C C -- HMC 20.20.090 Ice cream parlors, soda fountains and candy stores P P P Interior furnishing and accessory shops P P P
Jewelry sales and repair, including watch and clock repair P P P Kennels -- -- C
Kitchenware shops P P P
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Packet Pg. 552 Attachment: Draft Land Use Code Amendments (3744 : Cannabis Land Use Code Amendments) Permitted (P) and Conditionally Permitted (C) Uses PR CD CS Specific Use Regulations
Laboratories -- C P
Laundries – self-service -- P P
Linen supply services -- -- P
Liquor, beer and wine sales – off-premises consumption C C C HMC 20.20.075 Live-work facilities -- P P
Locksmiths -- P P
Machinery sales, service, rental -- -- P
Manufacturing/processing – light; provided, that all of the conditions prescribed by Chapter 20.24 HMC, Article I, are met, and that no motor power other than electrically operated motors shall be used. The horsepower of any single motor shall not exceed five horsepower and the total horsepower of all such motors on the site shall not exceed 25 total horsepower. This does not include air conditioning equipment.
-- C C
Massage establishments – above ground floor P P P
Massage establishments – any floor -- P P
Medical and dental clinics -- -- P
Mortuaries -- C C
Motorcycle sales and service -- C P
Music and dance entertainment clubs -- P C
Musical instrument sales, repair and lessons; and recorded music sales – above ground floor P P P
Musical instrument sales, repair and lessons; and recorded music sales – ground floor C P P
Nightclubs C C C HMC 20.20.075
Nurseries and garden supply stores -- C P
Office equipment sales and service -- P P
Offices – professional, administrative and business, including chiropractor, insurance, real estate and financial offices, but excluding medical and dental offices – any floor
-- P P
Offices – professional, administrative and business, including chiropractor, insurance, real estate and financial offices, but excluding medical and dental offices – above ground floor
P -- --
Offices – psychologist, psychiatrist, counseling and therapy -- P P Optician and optometrist shops -- P P
Outdoor vendors on private property C C --
Parking lots and parking garages C P P
Patio and garden furniture and accessories shops -- P P Pet shops, including pet grooming -- P P
Pharmacies and drugstores C P P
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Packet Pg. 553 Attachment: Draft Land Use Code Amendments (3744 : Cannabis Land Use Code Amendments) Permitted (P) and Conditionally Permitted (C) Uses PR CD CS Specific Use Regulations
Photography shops, studios and photo supply stores C P P Picture framing shops -- P P
Plumbing supply shops -- C P
Pool and billiards halls -- C P
Pool and spa sales and service -- -- P
Post office and private mail services -- C P
Pottery and woodworking shops -- -- P
Printing, lithography and engraving -- C P
Public information centers – indoor P P P
Public utility installations, including public service pumping stations, power stations and substations, equipment buildings and installations -- C C Radio and television broadcast and recording studios -- C C Radio, television and stereo sales and service -- P P
Recreational equipment rental -- -- P
Recreational vehicle sales, services, repair and storage -- -- P Residential visitor lodging -- C C
Restaurants, cafes and eating establishments, indoor and outdoor eating, including sale of alcoholic beverages as an ancillary use and indoor music with no sound amplification
P P P
• Amplified music C C C
Restaurants, drive-in, walk-up and drive-through -- -- C Retail warehouses over 6,000 square feet of floor area -- -- C Retail warehouses under 6,000 square feet of floor area -- -- P Secondhand stores and pawn shops -- C C
Shoe repair -- P --
Sign painting -- C P
Skating rinks (within building) -- -- P
Spa, day -- P P
• Above ground floor C P --
• Any floor -- P --
Spa, overnight P P --
Sporting goods sales, with rental as an accessory use, with no firearm sales -- P P Sporting goods sales, with rental as an accessory use, with firearm sales -- -- C HMC 20.20.105 Supermarkets (over 3,500 square feet of retail sales area) -- P P Tasting room C C -- HMC 20.20.075
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Packet Pg. 554 Attachment: Draft Land Use Code Amendments (3744 : Cannabis Land Use Code Amendments) Permitted (P) and Conditionally Permitted (C) Uses PR CD CS Specific Use Regulations
Theaters and auditoriums within buildings C P C
Tire sales, not including tire recapping -- -- P
Tobacco and pipe shops P P P
Toy stores P P --
Travel agencies – above ground floor P P P
Travel agencies – ground floor C P P
Upholstery shops -- C C
Vacation timeshares -- -- --
Variety stores and dry goods -- P P
Vending machine service -- -- P
Veterinarian offices and small animal hospitals -- -- C Recreation, Education and Public Assembly
Churches and other religious institutions -- C C
Private clubs, fraternal lodges and meeting halls C C C Private museums P C --
Accessory Uses
Accessory structures and uses located on the same site as a permitted or conditional use
P P P
-- = not permitted
Section 20.08.155 Permitted and conditionally permitted uses in the Mixed Use (MU), District shall be amended to allow commercial cannabis uses as follows:
20.08.155 Permitted and conditionally permitted uses: MU District Table 12 identifies the permitted and conditionally permitted uses for the Mixed Use District. This table is to be used in conjunction with the definitions contained in Chapter 20.28 HMC, Article IX. Refer also to the specific use regulations as noted. Chapter 20.28 HMC, Article V, describes the procedures for obtaining a conditional use permit. Chapter 20.12 HMC, Article IV, describes specific regulations that apply to areas within the Mixed Use District that are also within the North Entry Area Plan Overlay.
Table 12 Permitted (P) and conditionally permitted uses: MU District Permitted (P) and Conditionally Permitted (C) Uses Specific Use Regulations Residential Uses
Accessory dwelling unit and junior
accessory dwelling unit P
HMC 20.20.010
Employee housing for six or fewer
employees in accordance with Cal.
Health & Safety Code § 17000 et seq.
P
Home occupations P HMC 20.20.005
8.B.a
Packet Pg. 555 Attachment: Draft Land Use Code Amendments (3744 : Cannabis Land Use Code Amendments) Permitted (P) and Conditionally Permitted (C) Uses Specific Use Regulations Residential uses as part of a mixed use
development C
Multifamily dwellings not part of a
mixed use development P
Residential care, general C
Residential care, limited P
Single-family attached dwellings not part
of a mixed use development P
Supportive housing P
Transitional housing P
Vacation rental homes --
Retail Trade
Alcoholic beverages (off-sale) C HMC 20.20.075
Artisan shop P
Cannabis Storefront Retailer
(Dispensary) P
HMC 20.20.095
Cannabis Microbusiness (without
cultivation) P
HMC 20.20.095
Convenience store
• Beer and wine sales (off-sale), ancillary
C
C HMC 20.20.075
Grocery and specialty food sales
• 3,500 square feet or less
• More than 3,500 square feet
P
C
Outdoor display and sales P Ch. 20.16 HMC, Art. V
Retail, general
• Extended hours
• Secondhand goods
P
C
C
Sporting goods sales, with rental as an
accessory use, with firearm sales C
HMC 20.20.105
Services
Bank, financial services P
Business support services P
Catering P
Instructional services C
Medical services, minor C
Personal services P
Recycling, small collection facility C
Specialty transportation rental, touring
services C
Storage – indoor C
Tasting room C HMC 20.20.075
8.B.a
Packet Pg. 556 Attachment: Draft Land Use Code Amendments (3744 : Cannabis Land Use Code Amendments) Permitted (P) and Conditionally Permitted (C) Uses Specific Use Regulations Vehicle services – service station
• Beer and wine sales (off-sale), ancillary
C
C
HMC 20.20.065
HMC 20.20.075
Visitor lodging C
Eating and Drinking Establishments, Entertainment
Bar, nightclub C HMC 20.20.075
Restaurant
• Amplified music audible from outside
the building
• Extended hours
P
C
C
HMC 20.16.080
Food and Beverage Production
Food and beverage production – limited C
Utilities
Public utility facility P
Telecommunication facility – minor P HMC 20.20.080
Telecommunication facility – major C HMC 20.20.080
Accessory Uses
Accessory uses customarily associated
with or essential to a permitted or
conditionally permitted use, and operated
incidental to the principal use
P
Drive-through service C
Section 20.08.195 Permitted and conditionally permitted uses in the Industrial (I) District shall be amended to allow commercial cannabis uses as follows:
20.08.195 Permitted and conditionally permitted uses
The following table identifies the permitted and conditionally permitted uses for the Industrial District. This table is to be used in conjunction with the definitions contained in Chapter 20.28 HMC, Article IX. Chapter 20.28 HMC, Article V describes the procedures for obtaining a conditional use permit.
Table 15 Permitted (P) and conditionally permitted (C) uses: I District Residential Uses Specific Use Regulations
Home-based business P
Live/work facilities, including caretaker residence C
Supportive housing P
Transitional housing P
Workforce housing C
Retail Trade
Cannabis Storefront Retailer (Dispensary) P HMC 20.20.095
8.B.a
Packet Pg. 557 Attachment: Draft Land Use Code Amendments (3744 : Cannabis Land Use Code Amendments) Cannabis Microbusiness (without cultivation)
P HMC 20.20.095
Firearm dealers, subject to HMC 20.20.105
C
Retail sales, bulky products • Outdoor display and salesPC Retail, general, of products manufactured, assembled or warehoused on the same premises, incidental to the primary use
P
Vehicle and agricultural equipment sales and related
equipment and supplies sales
C
Wholesaling and distribution
P
Services
Adult entertainment
C
Business support services
P
Catering
P
Commercial recreation
C
Equipment rental • With outdoor storage and displayPC
Equipment storage yard
C
Fitness center
P
Furniture repair, refinishing and re-upholstery
P
Instructional services • Abutting a residential or office use or zoning districtPC Kennel, animal grooming and sales of related equipment and supplies
C
Maintenance/repair service P*
Mortuary
C
Offices, nonmedical
C
Offices, medical, where medical, dental, mental health, surgical and/or other similar health care services are
provided on an outpatient basis, and that accommodate no more than four licensed primary practitioners (such as
medical doctors, dentists, chiropractors, psychologists) withina single office suite ina building specifically
designed for office uses. This classification does not include hospitals, clinics, laboratories and dispensing opticians and optometrists.
C
Recycling facility • Small collection facility • Medium collection facility CC
Restaurant
P
Storage– personal storage facility
P
Vehicle rental
C
Vehicle services • Major maintenance and repair • Minor maintenance and repair • Service station CPP
8.B.a
Packet Pg. 558 Attachment: Draft Land Use Code Amendments (3744 : Cannabis Land Use Code Amendments) Vehicle/boat storage C
Veterinarian, small animal hospital C
Industrial Uses
Alcoholic beverage manufacturing facility
• Amplified music
• Entertainment and assembly venue
• Tasting room
P
C
C
C
Cannabis manufacturing facility (non-volatile/no solvents) P HMC 20.20.095 Cannabis manufacturing facility (volatile solvents) --
Cannabis distributor P HMC 20.20.095
Cannabis testing laboratory P HMC 20.20.095
Laboratory – medical, analytical P
Manufacturing/processing – light P
Manufacturing/processing – moderate C
Research and development P
Warehouse P
Accessory Facilities and Uses
Accessory uses customarily associated with or essential to a permitted use, and operated incidental to the principal use, including offices
P
Tasting of food and nonalcoholic beverage products
produced on site P
Public and Quasi-Public Uses
Transit station P
Mail collection and distribution center P
Utilities
Public utility facility P
Telecommunication facility – minor P
Telecommunication facility – major C
* If this use (maintenance/repair service) includes firearm sales, a conditional use permit is required subject to the requirements of HMC
20.20.105.
CHAPTER 20.20 Standards for Specific Land Uses shall be amended to include a new Section
20.20.095 titled “Commercial cannabis uses and requirements” as follows:
20.20.095 Commercial cannabis uses and requirements
The following requirements shall apply to all commercial cannabis uses.
A. Standards for All Commercial Cannabis Uses.
8.B.a
Packet Pg. 559 Attachment: Draft Land Use Code Amendments (3744 : Cannabis Land Use Code Amendments)
1. Purpose. This section provides the development, operating, and permit standards for all commercial cannabis activities, including both adult (recreational) and medical cannabis uses, to ensure neighborhood compatibility, minimize potential environmental impacts, mitigate potential nuisances, and provide safe, legal access to cannabis. Additional standards may apply to particular commercial cannabis uses, as established in other sections of this chapter.
2. Applicability. Commercial cannabis uses shall be permitted only in compliance with the requirements of this chapter, state law and all other applicable requirements for the specific type of use and those of the underlying base zone. In addition to the requirements of this chapter, commercial cannabis uses shall comply with all other applicable provisions of the city of Healdsburg’s general plan and the municipal code. Except for hospitals and research facilities that obtain written permission for cannabis cultivation under federal law, it is unlawful to engage in any commercial cannabis uses within the city, without a valid commercial cannabis permit issued pursuant to the provisions of this chapter. Possession of other types of state or city permits or licenses does not exempt an applicant from the requirement of obtaining a commercial cannabis permit under this chapter.
Unless specific distinctions are made in subsequent sections, requirements shall apply equally to either adult use or medical cannabis activities.
3. Limitations on Use. Commercial cannabis uses shall only be allowed in compliance with this chapter and all applicable codes set forth in the Healdsburg Municipal Code, including but not limited to building, plumbing, electrical, fire, hazardous materials, and public health and safety codes. The operator shall comply with all laws and regulations applicable to the type of use and shall comply with all permit, license, approval, inspection, reporting, and operational requirements of other local, state or other agencies having jurisdiction over the type of operation. The operator shall provide copies of other agency and department permits, licenses, or certificates to the review authority to serve as verification of such compliance.
4. Application Requirements. In addition to any other disclosures, data, forms, recitals, assurances, agreements, or other information required by federal, state, or local law, applicants for a commercial cannabis permit shall provide the following information at the time of the application for a cannabis permit:
a. Property Owner Consent. Permits for commercial cannabis uses shall only be issued where written permission from the property owner and/or landlord is provided. The applicant shall provide evidence of such consent.
b. Air Quality. The applicant shall provide a calculation of the business’s anticipated emissions of air pollutants. The applicant shall also provide assurance that the business will comply with all best management practices established by the Northern Sonoma County Air Pollution Control District (NSCAPCD). No commercial cannabis permit shall be issued to any business that would exceed the thresholds of significance established by the NSCAPCD for evaluating air quality impacts under the California Environmental Quality Act for either operation or construction. Applicants are encouraged to design their project to minimize or avoid air pollutant emissions. c. Hazardous Materials. To the extent that a commercial cannabis permit applicant intends to use any hazardous materials in its operations, the applicant shall provide a hazardous materials management plan that complies with all federal, state, and local requirements for management of such substances. “Hazardous materials” includes any hazardous substance regulated by any federal, state, or local laws or regulations intended to protect human health or the environment from exposure to such substances. e. Water Supply. If a proposed commercial cannabis use will occupy an existing building, the applicant shall demonstrate to the satisfaction of the city engineer and building official that water usage will not exceed that of the building’s intended occupancy class without additional review and prior approval by the city. If a proposed commercial cannabis use will occupy a newly constructed building, the proposed use and construction design shall include all necessary devices and processes to ensure water usage will not exceed an operation typical of the zone in which it is proposed. f. Wastewater. A commercial cannabis permit applicant shall demonstrate to the satisfaction of the city engineer that sufficient wastewater capacity exists for the proposed use. To the extent the proposed
8.B.a
Packet Pg. 560 Attachment: Draft Land Use Code Amendments (3744 : Cannabis Land Use Code Amendments) commercial cannabis use will result in agricultural or industrial discharges to the city’s wastewater system, the applicant shall provide a plan for meeting all federal, state, and local requirements for such discharges.
5. Compliance with County Health Officials. Cannabis manufacturers, dispensaries, and delivery operations shall be subject to permit requirements and regulations, including inspections, established by the Sonoma County department of health services under the direction of the county health officer, or any other individual designated by the director to act on their behalf. All such permit requirements and regulations shall be interpreted to implement the purpose and intent of this chapter and shall not prohibit or unreasonably restrict any commercial cannabis use allowed under this chapter. The city manager may eliminate this requirement after the California Department of Public Health or other applicable state agency establishes regulations related to cannabis product safety.
6. Development Standards.
a. Building Requirements. All structures used in commercial cannabis operations must comply with applicable provisions of building and fire codes as determined by the city’s building official and the fire agency official, respectively. In addition, all buildings and the site must comply with all applicable sections of the Healdsburg Municipal Code, as determined by the community development director, prior to issuance of a cannabis permit. Commercial cannabis uses that provide access to the public, including but not limited to employees, vendors, contractors, business partners, members, customers or patients, shall meet local, state and federal requirements for accessibility, including accessible parking, paths of travel, seating, restrooms, and washing facilities. All facilities must be inspected by the city and fire agency prior to issuance of a commercial cannabis permit. b. Emissions Control. All commercial cannabis uses shall utilize appropriate measures in operation and, where applicable, construction, to prevent the emission of dust, smoke, noxious gases, or other substances that have the potential to impact local or regional air quality. c. Hours of Operation. Hours of operation for commercial cannabis uses are established in sections below pertaining to each particular use category.
d. Odor Control and Ventilation. Commercial cannabis uses shall comply with all current and future state laws and regulations related to odor control and ventilation, in addition to any specific requirements for the particular use established in this chapter. No commercial cannabis use may operate in a manner whereby cannabis odors are detectable from adjacent or nearby properties. All commercial cannabis uses must install a ventilation system that adequately controls for odor, humidity, and mold. e. Property Setbacks. Property setbacks for commercial cannabis uses are established in sections below pertaining to each particular use category.
7. Permit Requirements. In addition to state permitting requirements and the requirements of this chapter, including the requirement of a commercial cannabis permit, commercial cannabis uses shall be subject to the cannabis permit requirements as shown in Table 10 of Section 20.08.145, Table 12 of Section 20.08.155, and Table 15 of Section 20.08.195. In addition, all commercial cannabis uses must obtain a zoning clearance and pay applicable fees and taxes. Any violations of the Healdsburg Municipal Code, or any other local, state, or federal law, must be cured prior to issuance of a commercial cannabis permit. The city manager or their designee may design application forms specific to each permitted category and require inspections of proposed facilities before issuing a permit under this chapter. Commercial cannabis uses shall also be subject to permit requirements and regulations established by the Healdsburg Municipal Code and any additional requirements established by other sections of this chapter, resolution or ordinance of the city council or vote of the citizens of Healdsburg. A city business license is required for certain commercial cannabis uses, pursuant to Chapter 5.04. a. Issuance and Term of Permit. Permits for commercial cannabis uses shall be issued to the operator by the city manager or their designee for a period not to exceed two years from the date of permit approval and shall be subject to biannual permit renewals, in accordance with subsection (A)(8) of this section. No property interest, vested right, or entitlement to receive a future permit to operate a commercial cannabis use shall ever inure to the benefit of such permit holder as such permits are revocable. Permits issued
8.B.a
Packet Pg. 561 Attachment: Draft Land Use Code Amendments (3744 : Cannabis Land Use Code Amendments) pursuant to this chapter are not transferable without prior city approval. Permits may be issued with conditions. The city has no duty or obligation to issue commercial cannabis permits. The city may elect at any time to cease issuing commercial cannabis permits, including upon receiving credible information that the federal government will commence enforcement measures against such businesses and/or local governments that permit them.
b. Operator/Permit Holder Qualifications. Commercial cannabis operators/permit holders must meet the following qualifications:
i. Commercial cannabis operators must be twenty-one years of age or older. ii. Providing false or misleading information in the commercial cannabis permitting process will result in rejection of the application and/or the revocation or suspension of any issued permit. c. Priority. This section applies generally to all commercial cannabis permits; however, additional requirements are set forth in later sections pertaining to particular commercial cannabis use categories.
When processing permit applications for commercial cannabis uses, priority shall be given to applications based on a city council-adopted applicant selection process. d. Issues of Significant Public Interest. In considering an application under this section for a cannabis permit, the city manager or their designee’s review shall be limited to compliance with this chapter. The city manager or their designee may, however, determine that no applications meet the requirements for a particular license and that license may remain unissued due to a significant public interest. “Significant public interest” includes, but is not limited to, potential health or safety impacts, potential conflicts with neighboring uses, unique characteristics of the proposed site, unique characteristics of the proposed operations, and/or other factors that, in the city manager or their designee’s discretion, warrant rejection of application(s).
e. Revocation and Suspension. Any permit issued under this chapter for commercial cannabis uses may be immediately suspended for any of the reasons listed in subsections (A)(7)(e)(i) through (vii) of this section. Any permit issued under this chapter may be revoked by the city, following notice and opportunity for a hearing, upon any of the following:
i. An operator ceases to meet any of the minimum qualifications listed in subsection (A)(7)(b) of this section or has failed to comply with the requirements of this section or any conditions of approval of the permit.
ii. An operator’s state license for commercial cannabis operations is revoked, terminated, suspended, or not renewed. In the case of a suspension, the city shall not reinstate the permit until documentation is received showing that the state license is eligible to be reinstated or reissued. It shall be within the city’s discretion whether to reinstate any permit.
iii. The commercial cannabis operation has not been in regular and continuous operation for six consecutive months.
iv. State law permitting the use for which the permit was issued is amended or repealed resulting in the prohibition of such use, or the city receives credible information that the federal government will commence enforcement measures against such businesses and/or local governments that permit them. v. Circumstances under which the permit was granted have changed and the public health, safety, and welfare require the suspension, revocation, or modification. vi. The permit was granted, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the permit application.
vii. The operator/permit holder/business is not current on city taxes or fees.
8.B.a
Packet Pg. 562 Attachment: Draft Land Use Code Amendments (3744 : Cannabis Land Use Code Amendments)
8. Exercise and Renewal of Permit. Commercial cannabis permits shall be exercised only by the applicant and are not transferable without prior city approval. Permits shall expire upon termination of the business for which it was issued, or upon sale or unauthorized transfer of ownership of the cannabis operation. Any cannabis permit that is abandoned for a period of six months shall automatically expire and shall become null and void with no further action required on the part of the city. For purposes of this section, “abandonment” shall mean the failure to initiate the activities described in the permit application or cessation of regular and continuous business operations. All commercial cannabis permits have a term of two years and must be renewed prior to expiration. A commercial cannabis operator must apply for permit renewal no less than sixty days prior to the expiration of their current permit. Approval of permit renewals may be issued by the city manager or their designee following demonstration by the operator/permittee of compliance with all requirements in effect.
Review shall also include, but not be limited to, analyses of the following:
a. The use has been conducted in accordance with this section and any and all applicable permit conditions, state and local laws and regulations and is in good standing with all state and local agencies. b. Any and all code and/or cannabis business permit violations or complaints, including complaints related to nuisance activities, have been promptly addressed and cured to the satisfaction of the police chief and city manager or their designee dependent on the violation. c. The business for which the permit was approved has not been transferred without authorization to another owner or operator.
d. There are no outstanding violations of applicable laws, including the municipal code and state cannabis laws.
e. The business for which the permit was approved is current on all city taxes and fees due.
9. Health and Safety. Commercial cannabis uses shall not create a public nuisance or adversely affect the health or safety of the nearby residents or businesses by creating dust, light, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration, unsafe conditions or other impacts, or be hazardous due to the use or storage of materials, processes, products, runoff or wastes.
10. Taxes. Commercial cannabis uses shall timely remit payment of all applicable taxes that may be enacted by the voters, including Chapter 5.XX, or any additional regulations that may be promulgated in addition to all current applicable state and local taxes.
11. Security. The following security measures shall be adhered to by all operators. Additional security measures may apply to particular commercial cannabis uses, as established in this section. a. A safety and security plan shall be required at the time of permit application and shall be subject to review and approval by the Healdsburg police department and the city manager or their designee. All safety and security plans shall be held in a confidential file exempt from disclosure as a public record pursuant to Government Code Section 6255(a). Such plans shall include, at a minimum, information regarding implementation of the requirements of this section. The police chief may require additional information be included in the plan.
b. Security cameras, utilizing the latest in technology, shall be installed with capability to record activity on the property, including entry points to the property and within all buildings and structures on the property, including all entrances, exits, perimeter windows and all areas where customers and employees may have access, apart from any restroom area. Security cameras shall record twenty-four hours a day, seven days a week. Additionally:
i. Areas where cannabis is grown, tested, cured, manufactured, or stored shall have camera placement in the room facing the primary entry door at a height which will provide a clear unobstructed view of activity without sight blockage from lighting hoods, fixtures, or other equipment.
8.B.a
Packet Pg. 563 Attachment: Draft Land Use Code Amendments (3744 : Cannabis Land Use Code Amendments) ii. Cameras shall also be placed at each location where weighing, packaging, transport preparation, processing, or labeling activities occur.
iii. At least one camera must be dedicated to record the access points to the secured surveillance recording area.
iv. At each entrance and exit to the facility, camera coverage must enable recording of customer facial features with sufficient clarity to determine identity. c. Surveillance video shall be kept for a minimum of 90 days in a format that can be easily accessed for viewing. Video must use standard industry format to support criminal investigations. Permit holders shall be required to cooperate with all law enforcement investigations and provide video footage related to any such investigation upon request. Failure to do so could result in revocation of a commercial cannabis permit. Motion-sensor lighting and alarms shall be required and shall be professionally installed and monitored to ensure the safety of persons and to protect the premises from theft. Alarm and surveillance systems shall be equipped with a failure notification system that provides prompt notification to the operator of any prolonged surveillance interruption and/or failure of the system. All surveillance equipment, records, and recordings must be stored in a secured area that is only accessible to management staff. Operators must keep a current list of all authorized employees who have access to the surveillance system and/or alarm system.
d. A permittee shall maintain up-to-date and current 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 alarm installation company, and the name of any monitoring company. Off-site monitoring and video recording storage of the premises by the licensee or an independent third party is authorized if standards exercised at the remote location meet or exceed all standards for on-site monitoring. e. All security measures installed on site shall have the capability to remain fully operational during a sustained power outage.
f. With the exceptions of weapons and firearms possessed by on-duty law enforcement officers, weapons and firearms are prohibited on the property of a commercial cannabis permittee. g. Security measures shall be designed to ensure emergency access in compliance with fire safety standards.
h. All structures used for commercial cannabis activities shall have locking doors, with commercial-grade nonresidential locks, to prevent free access.
i. Security measures shall prevent individuals from remaining on the premises of the commercial cannabis business if they are not engaging in activities expressly related to the operations of the business. j. Security measures shall include a transportation plan that details the procedures established for the safe and secure transport of cannabis, cannabis products, and currency to and from the business, including the transfer of currency for city tax payments.
k. Except for live growing cannabis plants and products on display for sale at retail dispensaries during hours when the business is open to the public, all cannabis and cannabis products shall be stored in a secured and locked room, safe, or vault that meets approval of the Healdsburg police department. To the fullest extent possible, all cannabis and cannabis products shall be kept in a manner that prevents theft and loss, except for limited amounts used for the purposes of display or immediate sales. l. Duress alarm buttons shall be installed in all commercial cannabis facilities with easy access by employees and all employees shall be properly trained in their use. m. Any security bars installed on the windows, or the doors of the commercial cannabis business shall be installed only on the interior of the building.
8.B.a
Packet Pg. 564 Attachment: Draft Land Use Code Amendments (3744 : Cannabis Land Use Code Amendments) n. Security personnel hired by the commercial cannabis business shall be subject to prior review and approval of the chief of police or their designee.
o. Each commercial cannabis business shall identify a liaison and their contact information to the Healdsburg police department who shall be reasonably available to meet with the chief of police or their designee regarding security measures and operational issues.
12. Employees.
a. All employees of commercial cannabis businesses must be twenty-one years of age or older. b. Each commercial cannabis business shall maintain on site a current register of all the employees currently employed by the commercial cannabis business and shall produce such register to the chief of police, designee, or any other city official authorized to enforce the Healdsburg Municipal Code for purposes of determining compliance with this chapter.
13. Weights and Measures. All scales used for commercial transactions shall be registered for commercial use and sealed by the Department of Agriculture/Weights and Measures.
14. Tracking. Commercial cannabis businesses and permittees shall comply with any track and trace program established by the city, county or state agencies. Commercial cannabis businesses must maintain records tracking all cannabis production and products and shall make all records related to commercial cannabis activity available to the city or county upon request. The city manager or their designee may require commercial cannabis operators to comply with a county track and trace system if appropriate.
15. Police Notification. Commercial cannabis businesses shall notify the Healdsburg police department within twenty-four hours of discovering any of the following:
a. Significant discrepancies identified during inventory. The level of significance shall be two percent of inventory or per state regulations, whichever is stricter. b. Diversion, theft, or loss, or any criminal activity involving the commercial cannabis business or any agent or employee of the commercial cannabis business.
c. Any other breach of security.
16. Inspections. Commercial cannabis uses shall be subject to inspections by appropriate local and state agencies, including but not limited to the Departments of Health Services, Agriculture/Weights and Measures, and the city of Healdsburg. Commercial cannabis uses shall be inspected at random times for conformance with the Healdsburg Municipal Code and permit requirements. Unless otherwise allowed under the law, the inspection shall be conducted during regular business hours, with at least twenty-four hours’ notice. If interference in the performance of the duty of the agency having jurisdiction occurs, the agency may request that the city temporarily suspend the permit and order the cannabis operation to immediately cease operations.
17. Restriction on Alcohol Sales. No alcoholic beverages may be sold, dispensed, or consumed on or about the premises of any commercial cannabis use. This section shall not apply to responsible after-hours consumption by employees which does not violate any state or local law or regulation. After-hours consumption, however, is not permitted at any cannabis retail dispensary or microbusiness.
18. Liability and Indemnification. To the fullest extent permitted by law, any actions taken by a public officer or employee under the provisions of this chapter shall not become a personal liability of any public officer or employee of the city. To the maximum extent permitted by law, the permittees under this chapter shall defend (with counsel acceptable to the city), indemnify and hold harmless the city of Healdsburg, the Healdsburg city council, and its respective officials, officers, employees, representatives, agents and volunteers (hereafter collectively called “city”) from any liability, damages, actions, claims, demands, litigation, loss (direct or indirect), causes of action, proceedings, or judgments (including legal costs, attorneys’ fees, expert witness or consultant fees, city attorney or staff time, expenses or costs) (collectively called “action”) against the city to attack, set aside, void or annul any cannabis related approvals and actions, and strictly comply with the
8.B.a
Packet Pg. 565 Attachment: Draft Land Use Code Amendments (3744 : Cannabis Land Use Code Amendments) conditions under which such permit is granted, if any. The city may elect, in its sole discretion, to participate in the defense of said action and the permittee shall reimburse the city for its reasonable legal costs and attorneys’ fees. Permittees shall be required to agree to the above obligations in writing.
B. Standards for Storefront Commercial Cannabis Retail and Microbusinesses.
1. Purpose. This subsection provides the locational, operational, and permit standards for any storefront commercial cannabis use and microbusinesses within the city in order to promote the health, safety, and general welfare of its residents and businesses. The standards in this section shall be in addition to standards contained in subsection A of this section, Standards for All Commercial Cannabis Uses, for all commercial cannabis uses.
2. Applicability. Storefront commercial cannabis retailer dispensaries and microbusinesses with retail activity (collectively “retail dispensary” or “retail dispensaries”) shall be permitted only in compliance with the requirements of this subsection B, and all other applicable requirements of subsection A of this section, Standards for All Commercial Cannabis Uses, the underlying zoning district and all other applicable requirements of the city’s municipal code, including Chapter 5.XX, Cannabis Business Tax, and state and county agencies. retailers, These regulations do not apply to license Type 9, non-storefront which are not a permitted commercial cannabis use.
3. Permit Requirements and Application Procedure. A commercial cannabis permit for retail sales, issued in compliance with any applicable permit issued by the Sonoma County department of health services, shall be required to operate within the city of Healdsburg. Cannabis retail dispensaries shall also be subject to permit requirements and regulations established by the state and those established by the city council through resolution or ordinance, or by vote of the citizens of Healdsburg.
Additionally, cannabis retail dispensaries must comply with all other applicable building codes and requirements, including accessibility requirements. Commercial cannabis permits for retail dispensaries shall be issued according to the following procedure:
a. The city council shall, following an open application period and review of applications by city staff and recommendations by the city manager or designee, consider commercial cannabis permit applications for retail dispensaries meeting all minimum qualifications at a properly noticed public hearing. b. The city may adopt such forms, fees, and procedures as are necessary to implement this section with respect to the selection, investigation process, renewal, revocation, and suspension of cannabis retail permits. Such procedures may include a priority ranking system, and appointment of a staff review panel for cannabis retail permits.
c. The application must include, at a minimum, the following:
i. Signed Affidavit. The property owner and applicant, if other than the property owner, shall sign the application for the cannabis retail dispensary permit, and shall include affidavits agreeing to abide by and conform to the conditions of the permit and all provisions of the Healdsburg Municipal Code pertaining to the establishment and operation of the cannabis retail use, including, but not limited to, the provisions of this section. The affidavit(s) shall acknowledge that the approval of the cannabis retail permit shall, in no way, permit any activity contrary to the Healdsburg Municipal Code, or any activity which is in violation of any applicable laws.
ii. All necessary information related to the facility and its operators, including names, relevant criminal history, relevant work history, names of businesses owned or operated by the applicant within the last ten years, investor and/or partner information, address and APN number of the parcel upon which the business will be located. Such private information will be exempt from disclosure to the public, pursuant to applicable law, to protect an individual’s privacy interests and public health and safety. iii. Operating plan as required under subsection (B)(6) of this section. iv. Security plan as required under subsection (A)(11) of this section.
8.B.a
Packet Pg. 566 Attachment: Draft Land Use Code Amendments (3744 : Cannabis Land Use Code Amendments) v. Site plans pursuant to subsection (B)(9) of this section. vi. Any other application materials required by the City Council.
4. Limit on Number of Dispensaries. No more than two commercial cannabis retail dispensaries shall be permitted within the city at any one time. All facilities authorized under this section must maintain a storefront which is open to the public. No more than one of these shall be a microbusiness with a Type 12 state license.
5. Specific to Microbusinesses. A Type 12 microbusiness license shall count as a retail dispensary under the limits on number of dispensaries in subsection (B)(4) of this section. Any commercial cannabis permit issued to a microbusiness with a Type 12 state license, or a state cannabis license type subsequently established, that contains a retail operation, will be subject to cannabis permit procedures and requirements for cannabis retail dispensaries under this section. Any commercial cannabis permit issued to a microbusiness with a manufacturing component will also be subject to the applicable requirements of subsection C of this section, Standards for Manufacturing, Testing, Storage, and Distribution of Commercial Cannabis, as may be modified by the cannabis permit process. Cultivation shall not be an allowed component of a Type 12 microbusiness license.
6. Compliance with Operating Plan and Conditions Required. In addition to the general requirements of subsection A of this section, Standards for All Commercial Cannabis Uses, a retail dispensary shall submit, as a part of the cannabis permit application, an operating plan that specifies the manner in which operations will be handled and security provided, and which details the number of employees, hours and days of operation proposed. If permittee will hold a medical cannabis license type, the operating plan shall demonstrate methods and means of compliance with state requirements for medical dispensing, including doctor recommendations and photo identification. Any retail dispensary approved under this section shall be operated in conformance with the approved operating plan and shall meet any specific, additional operating procedures and measures as may be imposed as conditions of approval to ensure that the operation of the facility is consistent with protection of the health, safety and welfare of the community, customers, qualified patients, and primary caregivers, and will not adversely affect surrounding uses.
7. Location Requirements. Unless otherwise allowed under state law and as modified by this section:
a. A retail dispensary which is open to the public may only be located within the allowed zoning district(s) under Table 10 of Section 20.08.145 and Table 12 of Section 20.08.155. b. A retail dispensary shall not be established on any parcel containing a dwelling unit, or immediately abutting a residential zoning district. Residentially zoned does not include mixed-use zoning for purposes of this chapter.
c. A retail dispensary shall not be established within five hundred feet from any public or private school, licensed childcare facility, or youth center.
d. A retail dispensary shall not be established within two hundred and fifty feet of any park or library. e. The distances listed above shall be measured between the nearest entrances of the retail dispensary and the above listed use, along the shortest route intended and available for public passage.
9. Operating Standards. In addition to standards contained in subsection A of this section, Standards for All Commercial Cannabis Uses, the following are the minimum development criteria and operational standards applicable to any cannabis retail dispensary use:
a. The building in which the retail dispensary is located shall comply with all applicable local, state and federal rules, regulations, and laws including, but not limited to, building codes and accessibility requirements.
b. The retail dispensary shall provide adequate security on the premises pursuant to subsection (A)(11) of this section, and any additional requirements in this section, including lighting and alarms, to ensure the
8.B.a
Packet Pg. 567 Attachment: Draft Land Use Code Amendments (3744 : Cannabis Land Use Code Amendments) safety of persons and to protect the premises from theft. The applicant shall submit a security plan for review and approval by the Healdsburg police department. The security plan will remain confidential. c. The site plan, circulation, parking, lighting, facility exterior, and any signage shall be subject to all underlying zoning requirements, director review, and approval. The community development director may waive this requirement where the applicant can demonstrate that existing facilities, including parking, lighting, and landscaping, already meet the requirements of this section. d. No exterior signage or symbols shall be displayed which advertise the availability of cannabis using drug-related symbols which are attractive to minors or which are carried out in a manner intended to encourage persons under twenty-one years of age to consume cannabis or cannabis products, nor shall any such signage or symbols be displayed on the interior of the facility in such a way as to be visible from the exterior.
e. No person shall be allowed onto the premises unless they are an employee, customer, vendor or contractor of the retail dispensary, a primary caregiver, and/or a qualified patient or an employee of an agency having jurisdiction monitoring or investigating the terms of regulatory compliance. If the retailer denies entry for monitoring and inspection to any employee of an agency having jurisdiction, the facility may be closed. In strict accordance with California Health and Safety Code Section 11362.5 et seq., no person under the age of eighteen shall be allowed on a medical cannabis retail site unless allowed under state law, and no person under the age of twenty-one shall be allowed on a nonmedical cannabis retail site pursuant to California Business and Professions Code Section 26140. All persons entering the site, except as representing a regulatory agency, shall present a photo identification and shall establish proof of doctor’s recommendation if facility holds a medical retailer license. A doctor’s recommendation shall not be required for customers of a nonmedical cannabis retail facility. The operating plan submitted as a part of the cannabis permit application shall specify how this provision will be complied with and enforced. f. No retail dispensary shall also hold or maintain a license from the State Department of Alcoholic Beverage Control to sell alcoholic beverages or operate a business that sells alcoholic beverages. No alcoholic beverages shall be allowed or consumed on the premises. g. Odor control devices and techniques shall be incorporated in all commercial cannabis businesses to ensure that odors from cannabis are not detectable off site. Retail dispensaries shall provide a sufficient odor-absorbing ventilation and exhaust system so that odor generated inside the facility that is distinctive to its operation is not detected outside of the facility, anywhere on adjacent property or public rights-ofway, 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 commercial cannabis facility. As such, retail dispensaries must install and maintain the following equipment or any other equipment which the building official or designee determines has the same or better effectiveness:
i. An exhaust air filtration system with odor control that prevents internal odors from being emitted externally; or
ii. An air system that creates negative air pressure between the commercial cannabis business’s interior and exterior so that the odors generated inside the commercial cannabis business are not detectable on the outside of the commercial cannabis business.
h. No cannabis retail dispensary shall conduct or engage in the commercial sale of any product, good or service unless otherwise approved by the cannabis permit. A retail dispensary may sell live starter (immature) plants, clones and seeds from qualified nurseries, but shall not cultivate or clone cannabis (unless the facility holds a microbusiness license from the state and such uses are allowed on the same premises under state and local laws). A retail dispensary may sell manufactured cannabis, including edible products, and vaporizing devices if allowed by a permit issued by the Department of Health Services. Not more than five percent of the dispensary area, up to a maximum of two hundred square feet, may be devoted to the sale of incidental goods for personal cannabis cultivation and use or promotional items such as clothing, hats or posters.
8.B.a
Packet Pg. 568 Attachment: Draft Land Use Code Amendments (3744 : Cannabis Land Use Code Amendments) i. No cannabis shall be consumed on the premises of a commercial cannabis permittee. For purposes of complying with this requirement, the term “premises” includes the physical building and leasehold space, as well as any accessory structures, parking areas, sidewalks, driveways or other immediate surroundings. j. No retail dispensary may increase in size without amending its cannabis permit, as applicable. The size limitation shall be included in the operational plan required by subsection (B)(7) of this section. k. A retail dispensary shall not have a physician on site to evaluate patients for medical cannabis. l. Parking required by Chapter 20.16 HMC, Article VIII, shall be provided on site. m. Retail dispensaries operating hours shall be limited to: Monday through Sunday: nine a.m. to nine p.m.
If the licensee holds a Type 12 microbusiness license, cultivation and manufacturing hours shall be established and approved through the cannabis permit process. n. Delivery. Delivery of cannabis is allowed by retail dispensaries. Delivery functions must be included in the cannabis permit materials and approved as a discrete function. Delivery functions shall be in conformance with state law and all of the following:
i. Deliveries can only be conducted between the hours of nine a.m. to nine p.m. ii. Deliveries shall be made by an employee of the licensed retail dispensary and said employee shall carry with him/her at all times a physical copy of the city commercial cannabis permit and business license and state license when such a license is available. Licensed retail dispensaries shall comply with all state law and regulations pertaining to cannabis delivery. o. Record Keeping. A cannabis retail dispensary shall maintain records in accordance with the state and local requirements of its license type.
If a retail dispensary sells medical cannabis, it shall maintain records using only the State of California Medical Marijuana Identification Card numbers issued by the county or the county’s designee, pursuant to California Health and Safety Code Section 11362.7 et seq., as a protection for the confidentiality of the cardholders. The retail dispensary shall track when members’ medical cannabis recommendations and/or identification cards expire and enforce conditions of membership by excluding members whose identification cards or recommendations are invalid or expired. The facility shall maintain member records in a manner to protect confidential information in the records if the records contain information protected by applicable law, including but not limited to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and Public Law 104-191. A medical retail dispensary shall exclude members who are caught diverting cannabis for nonmedical use. All membership records shall be maintained on site. i. A retail dispensary shall, by using the patient’s or caregiver’s identification number, keep an accurate account of the number of members who visit the dispensary each month, and also for the entire permit year.
ii. The retail dispensary shall keep accurate records, follow accepted cash handling practices and maintain a general ledger of cash transactions.
iii. The retail dispensary shall allow the city to access the books, records, accounts and all data relevant to its operations for purposes of conducting an audit or examination to determine compliance with the municipal code, administrative regulations, conditions of approval, and applicable laws. Books, records, accounts and all relevant data shall be produced no later than twenty-four hours after receipt of the city’s request.
p. Required Signage. The following signs, in measurements of not less than eight by ten inches, shall be clearly and legibly posted in a conspicuous location inside the retail dispensary where they will be visible to customers in the normal course of a transaction, stating:
8.B.a
Packet Pg. 569 Attachment: Draft Land Use Code Amendments (3744 : Cannabis Land Use Code Amendments) i. “The dispensing of cannabis without a state license is illegal.” ii. “Use or consumption of cannabis on this premises or property is prohibited.” iii. For retail dispensaries: “All visitors to this premises must be at least 21 years of age, or, at least 18 years of age and able to show a government issued medical cannabis ID card in accordance with California Health and Safety Code Section 11362.7 et seq.” C. Standards for Manufacturing, Testing, Storage, and Distribution of Commercial Cannabis.
1. Permits shall be issued by the city manager or their designee according to the requirements of subsection (A)(7) of this section and this subsection C and may include conditions of approval.
2. Additional Operating Standards. In addition to the requirements of subsection A of this section, any base zone requirements, and all state laws and regulations, commercial cannabis uses permitted under this section shall also comply with the following operational standards:
a. Facilities shall not be open to the general public.
b. Extraction Processes. Manufacturers shall utilize only extraction processes that are (i) solvent free or that employ only nonflammable, nontoxic solvents that are recognized as safe pursuant to the federal Food, Drug and Cosmetic Act, and/or (ii) use solvents exclusively within a closed loop system that meets the requirements of the federal Food, Drug and Cosmetic Act, including use of authorized solvents only, the prevention of off-gassing, and certification by a California licensed engineer. c. No closed loop systems shall be utilized without prior inspection and approval of the city’s building and fire code officials.
d. Standard of Equipment. Extraction equipment used by the manufacturer must be listed or otherwise certified by an approved third-party testing agency or licensed professional engineer and approved for the intended use by the city’s building and fire code officials. e. Annual Recertification Required. Extraction equipment used by the manufacturer must be recertified annually and a report by a licensed professional engineer on the inspection shall be maintained on site. f. Food Handler Certification. All owners, employees, volunteers or other individuals who participate in the production of edible cannabis products must be state certified food handlers. The valid certificate number of each such owner, employee, volunteer or other individual must be on record at the manufacturer’s facility where that individual participates in the production of edible cannabis products. g. Edible Product Manufacturing. Cannabis businesses that sell or manufacture edible medical cannabis products shall obtain a Sonoma County health permit. Permit holders shall comply with Health and Safety Code Section 13700 et seq. and Sonoma County health permit requirements. These requirements provide a system of prevention and overlapping safeguards designed to minimize foodborne illness, ensure employee health, demonstrate industry manager knowledge, ensure safe food preparation practices and delineate acceptable levels of sanitation for preparation of edible products.
3. Permit Requirements and Restrictions. The following limits on location of commercial cannabis facilities apply:
a. Type 9 non-storefront retailer license is not permitted. Permits may be issued among the allowable types identified in Table 10 of Section 20.08.145, Table 12 of Section 20.08.155, and Table 15 of Section
20.08.195, in any combination. Permittees who obtain state licenses for both adult (recreational) and medical uses for the same premises shall require one commercial permit from the ci b. No facility permitted under this section shall be located on any parcel containing a dwelling unit, nor within 500 feet of any public or private school, licensed childcare facility, or youth center, or immediately abutting a residential zoning district.
8.B.a
Packet Pg. 570 Attachment: Draft Land Use Code Amendments (3744 : Cannabis Land Use Code Amendments) c. The distances listed above shall be measured between the nearest entrances of the cannabis facility and the above listed use, along the shortest route intended and available for public passage.
4. Manufacturing and delivery operations shall be subject to additional permitting and inspection requirements of the Sonoma County health official, per subsection (A)(5) of this section.
E. Grounds for Permit Revocation or Modification. Noncompliance with any requirement of this section shall be treated as a violation of the city’s municipal code and permits issued may be revoked or modified in accordance with Chapter 1.12 Code Enforcement and the city shall have the right to recovery of all costs to revoke or modify the permit in accordance with Section 1.12.130 and to levy fines in accordance with the city’s adopted bail schedule.
Section 20.28.310 Definitions shall be amended to include the following definitions:
20.28.310 Definitions
Cannabis. All parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or be discovered, or developed, that has psychoactive or medical properties, whether growing or not, including but not limited to 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” also means marijuana as defined by California Health and Safety Code Section 11018 and Business and Professions Code Section 26000(f), as both may be amended from time to time. Any reference to “cannabis” or “cannabis products” shall include medical and nonmedical cannabis and medical and nonmedical cannabis products unless otherwise specified. “Cannabis” or “cannabis product” does not mean industrial hemp as defined by Health and Safety Code Section 11018.5, or the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product. “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.
Cannabis accessories. Has the same meaning as in Health and Safety Code Section 11018.2.
Cannabis cultivation. Any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis, including nurseries.
Cannabis cultivation area (or “canopy”). The total aggregate area(s) of cannabis cultivation on a single premises as measured around the outermost perimeter of each separate and discrete area of cannabis cultivation at the dripline of the canopy expected at maturity and includes, but is not limited to, the space between plants within the cultivation area, the exterior dimensions of garden beds, garden plots, hoop houses, green houses, and each room or area where cannabis plants are grown, as determined by the review authority.
Cannabis cultivation – indoor. The cultivation of cannabis within a permanent, lockable structure, using exclusively artificial lighting.
Cannabis cultivation – mixed-light. The cultivation of cannabis using any combination of natural and supplemental artificial lighting. Greenhouses, hoop houses, hot houses and similar structures, or light deprivation systems are included in this category.
Cannabis cultivation – outdoor. The cultivation of cannabis using no artificial lighting conducted in the ground or in containers outdoors with no covering.
Cannabis cultivation site. The location, premises, leased area(s), property, location or facility where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or a location where all or any combination of those activities is currently occurring or proposed to occur in the future.
8.B.a
Packet Pg. 571 Attachment: Draft Land Use Code Amendments (3744 : Cannabis Land Use Code Amendments) Cannabis distribution facility. Location or a facility where a person conducts the business of procuring cannabis from licensed cultivators or manufacturers for sale to licensed dispensaries or delivery operations, and the inspection, quality assurance, batch testing by a Type 8 licensee, storage, labeling, packaging and other processes, prior to transport to licensed dispensaries or delivery operations. This facility requires a Type 11 license pursuant to the Medicinal and Adult Use Cannabis Regulation and Safety Act (“MAUCRSA”) or a state cannabis license type subsequently established.
Cannabis distributor. A commercial cannabis operation that distributes cannabis or cannabis products between licensees, under a valid state license Type 11, or a state cannabis license type subsequently established.
Cannabis license. A state license issued pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”).
Cannabis licensee. A person issued a state license under the Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”) to engage in commercial cannabis uses or activity.
Cannabis, manufactured. Raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, an edible product, or a topical product.
Cannabis manufacturer. A person that produces, prepares, propagates, or compounds manufactured 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, that holds a valid state Type 6 or 7 license, or a state cannabis license type subsequently established, and that holds a valid local license or permit.
Cannabis manufacturing facility (non-volatile/no solvents). A facility that produces, prepares, propagates, or compounds manufactured 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, and is operated by a Type 6 license for these activities. Non-volatile solvents are chemicals that do not produce a flammable gas or vapor. Examples of non-volatile solvents include ethanol, carbon dioxide, cooking oils, and butter.
Cannabis manufacturing facility (volatile solvents). A facility that produces, prepares, propagates, or compounds manufactured 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, and is operated by a Type 7 license for these activities. Volatile solvents are chemicals that produce a flammable gas or vapor. Examples of volatile solvents include butane, heptane, hexane, and propane.
Cannabis medical, medical cannabis, or medicinal cannabis. Cannabis that is intended to be used for medical cannabis purposes in accordance with the Compassionate Use Act (“CUA,” Health and Safety Code Section 11362.7 et seq.), the Medical Marijuana Program Act (“MMPA,” Health and Safety Code Section 11362.7 et seq.), the Medical Cannabis Regulation and Safety Act (“MCRSA,” Business and Professions Code Section 19300 et seq.) and the Medicinal and Adult Use Cannabis Regulation and Safety Act (“MAUCRSA”).
Cannabis microbusiness (without cultivation). A commercial cannabis facility operating under a state Type 12 license, or a state cannabis license type subsequently established, and meeting the definition of microbusiness found in Business and Professions Code Section 26070(a)(3)(A), as may be amended from time to time, without cultivation of cannabis, and acts as a licensed distributor, Level 1 manufacturer, and retailer.
Cannabis non-storefront retailer. A commercial cannabis facility where cannabis and/or cannabis products are offered for retail sale exclusively by delivery, where there is no storefront open to the public, operating under a state license Type 9 or a cannabis license type subsequently established. This definition does not include mobile dispensaries.
Cannabis operator. A XXXX
Cannabis permit, commercial cannabis permit, or permit. A permit issued by the city pursuant to Section 20.20.095 for the operation of a commercial cannabis business within the city.
8.B.a
Packet Pg. 572 Attachment: Draft Land Use Code Amendments (3744 : Cannabis Land Use Code Amendments) Cannabis products. 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 storefront retailer (dispensary). A facility operated in accordance with state and local laws and regulations, where cannabis and/or cannabis products are offered for retail sale, including an establishment that delivers cannabis and/or cannabis products as part of a retail sale, under a state license Type 10 or a cannabis license type subsequently established. This definition does not include mobile dispensaries.
Cannabis testing laboratory. A laboratory, facility, or entity that offers or performs tests of cannabis or cannabis products, including the equipment provided by such laboratory, facility, or entity, which is accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity and is licensed by the state.
Cannabis uses or commercial cannabis uses. Any commercial cannabis activity licensed pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”), including but not limited to cultivation, possession, distribution, laboratory testing, labeling, retail, delivery, sale or manufacturing of cannabis or cannabis products. “Commercial cannabis uses” also means any cannabis activity licensed pursuant to additional state laws regulating such businesses. “Commercial cannabis uses” does not include legal medical cannabis or cannabis activities carried out exclusively for one’s personal us “Distribution facility” means the location or a facility where a person conducts the business of procuring cannabis from licensed cultivators or manufacturers for sale to licensed dispensaries or delivery operations, and the inspection, quality assurance, batch testing by a Type 8 licensee, storage, labeling, packaging and other processes, prior to transport to licensed dispensaries or delivery operations. This facility requires a Type 11 license pursuant to the Medicinal and Adult Use Cannabis Regulation and Safety Act (“MAUCRSA”) or a state cannabis license type subsequently established.
8.B.a
Packet Pg. 573 Attachment: Draft Land Use Code Amendments (3744 : Cannabis Land Use Code Amendments) BUNI
W NORTH ST
SCENIC LN
GRANT AV
KINLEY DR
G
R
O VE
ST
BAILHACHE AV
HEALDSBURG AV
WESTSIDE
RD
RIO LINDO A
N FITC
V
H MOUNTAIN RD
CHIQUITA
RD
S FITCH MOUNTAIN RD
DRY CREEK RD
101
KINLE
Y
D
R
MAGNOL IADR
101
101
Park
Park
Park
School
Park
School
School
Youth
Center
Child
Care
School Child
Care
School
Park
Park
School
Park
Park Park
Park
Park
Park
Park
Park
Park
Youth
Center
Park
Library
Park
N
Map Date: 8/29/2022
Legend
City Limits
Sensitive Use Parcel
Location Type
School
Youth Center
Child Care
Library
Park
Eligible Parcel Locations
COMMERCIAL DISTRICTS
CD - Downtown Commercial
CS - Service Commercial
MU - Mixed Use
INDUSTRIAL DISTRICT
I - Industrial 1,600 800 0 1,600
Feet
Attachment 2
PARCELS ELIGIBLE FOR COMMERCIAL CANNABIS USES
Location Requirements:
a. A retail dispensary which is open to the public
may only be located within the allowed zoning
district(s) under Table 10 of Section 20.08.145 and
Table 12 of Section 20.08.155.
b. A retail dispensary shall not be established on
any parcel containing a dwelling unit, or
immediately abutting a residential zoning district.
Residentially zoned does not include mixed-use
zoning for purposes of this chapter.
c. A retail dispensary shall not be established
within five hundred feet from any public or private
school, licensed childcare facility, or youth center.
d. A retail dispensary shall not be established
within two hundred and fifty feet of any park or
library.
e. The distances listed above shall be measured
between the nearest entrances of the retail
dispensary and the above listed use, along the
shortest route intended and available for public
passage.
8.B.b
Packet Pg. 574 Attachment: Parcels Eligible for Commercial Cannabis Uses (3744 : Cannabis Land Use Code Amendments)