CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
11/13/2023
1 SUBJECT:
Adoption of an Ordinance Amending Section 4-16.03(c)(1)(ii) (Windows and window coverings) of Chapter 16 of Title 4 (Cannabis Public Safety Licenses) of the Pacifica Municipal Code relating to storefront window size requirements for cannabis operations. Recommended California Environmental Quality Act (CEQA) status: Exempt pursuant to CEQA Guidelines Section 15061(b)(3).
RECOMMENDED ACTION:
Move to waive the second reading and adopt by title only the Ordinance entitled “An Ordinance of the City Council of the City of Pacifica Amending Section 4-16.03(c)(1)(ii) (Windows and window coverings) of Chapter 16 of Title 4 (Cannabis Public Safety Licenses) of the Pacifica Municipal Code and Finding Adoption of the Ordinance Exempt from the California Environmental Quality Act (CEQA).”
STAFF CONTACT:
Christian Murdock, AICP – Planning Director
(650) 738-7341
[email protected]
Maria Sarasua – Chief of Police
650-738-7314
[email protected]
BACKGROUND/DISCUSSION:
This ordinance was introduced at the special and regular meeting of the City Council on October 23, 2023 and is now in order for adoption. The proposed amendments to be enacted by this ordinance are discussed below. Additional background was provided in the staff report provided with the ordinance introduction at the October 23, 2023 City Council meeting (Attachment A).
Proposed Amendments
The proposed ordinance amendment would revise the storefront window provisions in section 4-
16.03(c)(1)(ii) of Chapter 16 “Cannabis Public Safety License” of Title 4 of the PMC. The following amendments are proposed to the existing provisions of section 4-16.03(c)(1)(ii) of Chapter 16 “Cannabis Public Safety License” of Title 4 of the PMC (new text in underline, deleted text in strikethrough):
Windows and window coverings. Storefronts (exterior front facade of the cannabis operation at the first-floor level) shall be primarily glass with glass occupying at least thirty-fiveforty-five (3545%) percent of the entire store front and fifty sixty (5060%) percent of the horizontal length of the storefront. No glass area used to comply with the provisions of this subsection shall have a vertical or horizontal dimension less than two (2’) feet. Window and door areas shall not be covered, tinted, or made opaque in any way, or obscured in any way by landscaping, floor displays, equipment, or the like.
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The reduced storefront window requirements would only be in effect during the period of January 1 through June 30, 2024, after which the original area and lengthy requirements would go back into effect. While in effect, the reduced requirements would apply to any cannabis activity permit issued or amended.
1 In addition to amendments to address the window size requirement, the proposed amendments would also include a “clean-up” provision to clarify that the measurements are applicable only to the exterior front façade on the first-floor level, and impose a minimum vertical or horizontal dimension of not less than two feet for any window used to comply with the storefront requirements.
California Environmental Quality Act
Adoption of the proposed ordinance would be exempt from the California Environmental Quality Act (CEQA) pursuant to the “General Rule” exemption in CEQA Guidelines § 15061(b)(3)). The General Rule exemption provides that “The activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.”
The proposed amendments would modify the storefront window requirements for cannabis operations. The modification to storefront window requirements would be limited to existing buildings or new buildings that have undergone their own environmental review prior to construction and would not have a significant effect on the environment.
ALTERNATIVE ACTION:
The Council may decline to adopt the proposed ordinance. If the Council declines to adopt the proposed ordinance, the previously authorized revocation of Cannabis Activity Permit CAP-8-18 which authorizes operation of the Seaweed Holistics’ cannabis retail operation would take effect on January 15, 2024.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
This project is not directly associated with an item on the City Council’s 2023-2030 Strategic Plan.
FISCAL IMPACT:
There is no direct fiscal impact to the City from the amendment of storefront window requirements for cannabis retail operations. Seaweed Holistics has provided a $5,000 deposit to cover processing costs associated with the amendment as required by City Council Resolution No. 79-2022.
ORIGINATED BY:
City Clerk
Police
1 The City has issued all six cannabis retail operation permits authorized by the PMC. There is no limit on the number of cannabis testing operation or cannabis manufacturing operation permits the City may issue, although there are no such permitted establishments at this time.
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ATTACHMENT LIST:
Attachment A: Staff Report 10-23-2023 (PDF)
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ORDINANCE NO. (ID # 5520)
ORDINANCE NO. ___________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PACIFICA AMENDING SECTION 4-16.03 (WINDOWS AND WINDOW COVERINGS) OF CHAPTER 16 OF TITLE 4 (CANNABIS PUBLIC SAFETY LICENSES) OF THE PACIFICA MUNICIPAL CODE AND
FINDING ADOPTION OF THE ORDINANCE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
WHEREAS, on November 8, 2016, the voters of the State of California approved Proposition 64, known as the “Control, Regulate and Tax Adult Use of Marijuana Act” (the “AUMA”), under which a variety of non-medical marijuana businesses can operate subject to local ordinances and individuals may grow, possess and use limited amounts non-medical marijuana; and
WHEREAS, on July 10, 2017, the City Council adopted Ordinance No. 818-C.S. which established the City’s marijuana public safety licenses provisions in a new Chapter 16 of Title 4 of the Pacifica Municipal Code (“PMC”); and
WHEREAS, subsequent to introduction but prior to adoption of the City’s marijuana public safety licenses, on June 27, 2017, Senate Bill 94 (“SB 94”) was enacted that integrated MCRSA with AUMA to create the Medicinal and Adult‐Use Cannabis Regulation and Safety Act (the “MAUCRSA”), under which, a single regulatory system governs the medicinal and adult-use cannabis industry in California; and
WHEREAS, on January 14, 2019, the City Council directed staff to draft amendments which would incorporate recent State law updates as a result of SB 94, including exchanging the use of the term “marijuana” to “cannabis”; and
WHEREAS, on May 13, 2019, the City Council adopted Ordinance No. 843-C.S. which repealed and replaced Chapter 16 of Title 4 of the Pacifica Municipal Code (“PMC”) to incorporate the term “cannabis” and to make other procedural changes related to processing of cannabis public safety licenses; and
WHEREAS, the City Council of the City of Pacifica introduced Ordinance No. 893-C.S. on October 23, 2023, to amend provisions related to storefront windows of cannabis operations.
NOW, THEREFORE, the City Council of the City of Pacifica does ordain as follows:
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Section 1. Recitals. The City Council of the City of Pacifica does hereby find that the above referenced recitals are true and correct and material to the adoption of this Ordinance.
Section 2. Amendments.
Section 4-16.03(c)(1)(ii), “Windows and window coverings” of Chapter 16 “Cannabis Public Safety Licenses” of Title 4 “Public Safety” of the Pacifica Municipal Code shall be amended as indicated in Exhibit A to this Ordinance, with added text in underline and deleted text in strikethrough. Exhibit A shall be incorporated by reference as if fully set forth herein.
Section 3. Compliance with CEQA. The City Council hereby finds that the action to adopt this Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility the adoption of this Ordinance may have a significant effect on the environment. The City Clerk shall file a Notice of Exemption with the San Mateo County Clerk.
Section 4. Severability. If any section, subsection, sentence, clause or phase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentence, clauses or phrases be declared unconstitutional.
Section 5. Publication. The City Clerk is hereby ordered and directed to certify the passage of this Ordinance by the City Council of the City of Pacifica, California and cause the same to be published in accordance with State law.
Section 6. Effective Date. This Ordinance shall be in full force and effective thirty (30) days after its adoption and shall be published and posted as required by law. • • • • •
PASSED AND ADOPTED at a special and regular meeting of the City Council of the City of Pacifica, California, held on the 13th day of November, 2023, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
_________________________________
Tygarjas Twyrls Bigstyck, Mayor
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ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney Pacifica City Council 7
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EXHIBIT A
Amendments to Section 4-16.03(c)(1)(ii) of the Pacifica Municipal Code Pacifica City Council 8
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“Sec. 4-16.03. Cannabis operations-General provisions.
[…]
(c) Conditions of operation.
(1) Security plan. A licensee shall provide adequate security on the premises of the cannabis operation. The following minimum security standards shall be maintained at all times:
[…]
(ii) Windows and window coverings. The provisions for windows and window coverings in subsection (aa) of this subsection (ii) shall apply to any cannabis activity permit approved or amended between January 1, 2024, and June 30, 2024. Thereafter, subsection (aa) shall have no further force or effect and the provisions of subsection (ab) of this subsection (ii) shall apply to cannabis permit applications approved or amended after June 30, 2024 .
(aa) Storefronts (exterior front facade of the cannabis operation at the first-floor level) shall be primarily glass with glass occupying at least thirty-fiveforty-five (3545%) percent of the entire storefront and fiftysixty (5060%) percent of the horizontal length of the storefront. No glass area used to comply with the provisions of this subsection shall have a vertical or horizontal dimension less than two (2’) feet. Window and door areas shall not be covered, tinted, or made opaque in any way, or obscured in any way by landscaping, floor displays, equipment, or the like.
(ab) Storefronts (exterior front facade of the cannabis operation at the first-floor level) shall be primarily glass with glass occupying at least forty-five (45%) percent of the entire storefront and sixty (60%) percent of the horizontal length of the storefront. No glass area used to comply with the provisions of this subsection shall have a vertical or horizontal dimension less than two (2’) feet. Window and door areas shall not be covered, tinted, or made opaque in any way, or obscured in any way by landscaping, floor displays, equipment, or the like.
[…]”
All other subsections of Section 4-16.03 not identified herein shall remain unchanged.
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(ID # 5520) at 11/13/2023 5:00 PM City Council Special Meeting