retailers must obtain a Commercial Cannabis Operators Permit as well as a Conditional Use Permit.
The adopted cannabis program also allows for one Cannabis Distribution Facility in selected areas of the City. Cannabis distribution facilities provide storage and distribution of commercial cannabis products to licensed commercial cannabis operators, with no retail sales. These uses would be allowed subject to obtaining approval of a Commercial Cannabis Operators Permit as well as a Conditional Use Permit. Any distribution service would be required to comply with security and transportation requirements.
There are no other types of commercial cannabis operations permitted; all of the following uses are currently and would continue to be prohibited by the City:
• No commercial cannabis cultivation. This use involves the commercial planting, growing, harvesting, drying, grading and trimming of cannabis, and can occur indoors or outdoors, including in a nursery setting.
• No commercial cannabis manufacturing, including CBD (cannabidiol) extract derived from cannabis. This use involves subjecting cannabis to a process which concentrates cannabis into an edible or topical product.
• No commercial cannabis testing/laboratories. This use involves state-mandated testing of cannabis products in a state-licensed laboratory setting prior to distribution and sale. • No cannabis microbusinesses. This is a business involved in at least three types of commercial cannabis activities, including retail sale, cultivation, distribution and/or manufacturing.
• No temporary cannabis events. This is an event where cannabis may be consumed over a short period of time and at a temporary event location. • No “cannabis cafes” for onsite consumption of cannabis products.
The adopted cannabis program allows cannabis retailer operations to locate only in the zoning districts in downtown, along major transportation corridors (portions of El Camino Real and San Bruno Avenue, as well as San Mateo Avenue, and The Shops at Tanforan) where there is a mix of commercial and office uses. Commercial cannabis distribution facilities are permitted only in the M-1 (Industrial) Zone north of San Bruno Avenue.
Cannabis operations cannot locate within 600 feet of specified “sensitive uses,” including:
• Youth Centers (defined as any public or private facility that is primarily used to host recreational or social activities for minors).
• Daycare Centers (defined as a childcare center, other than home-based day care operations, and includes licensed childcare centers).
• Schools (defined as K-12 public or private schools).
• Public Libraries
Attachment 2 is a map showing the allowed locations and sensitive use buffers.
Commercial Cannabis Operations for cannabis retailers or cannabis distribution facilities require both a Commercial Cannabis Operators Permit (CCOP) and a Conditional Use Permit (CUP).
The first step in the process is for a prospective commercial cannabis operator to file a CCOP 1833 of 1863
Honorable Mayor and Members of the City Council
January 24, 2023
application. The CCOP application requires the cannabis business to identify the owners and managers of the business, requires the business submit certain information pertaining to the business including financial information, and requires the owners and managers to submit to background checks. These applications would be reviewed by a team of staff from different City Departments and Divisions, including Planning, Building, Public Works Engineering, Fire, and Police. The applications would be assigned a “Pass” or “Fail” status by the team based on review criteria established by the City, which include such factors as a proposed business plan, community benefits, neighborhood compatibility, safety and hazardous materials plan, security plan and odor control plan.
Those CCOP applications achieving a “pass” rating would be cleared to proceed to the second step, consisting of City Council review and selection of up to three retail businesses and up to one distribution business.
Those businesses approved by the City Council would then proceed to the third step, formally filing a Conditional Use Permit (CUP) application for a specific location. CUP applications would be reviewed by staff and presented to the Planning Commission for consideration at a noticed public hearing. The Planning Commission shall be the recommending body with the City Council being the final approving authority on which commercial cannabis operations obtain a CUP.
With CUP approval, the third and final step would be for staff to formally issue the CCOP to those applicants who have obtained their CUP approval.
City Council Direction
At the City Council meeting on January 10, 2023, the City Council directed staff to schedule a future agenda item to discuss potential changes to the City’s Commercial Cannabis Regulations. Two specific changes were suggested for future consideration:
1. Reduce the total number of allowed businesses from a maximum of four to a maximum of two, with one being for distribution use only, and the second being retail and/or distribution; and
2. Remove the downtown (Central Business District) and The Shops at Tanforan from permitted locations for commercial cannabis operations.
A draft ordinance showing these changes is attached to this Staff Report. If the City Council directs staff to prepare an ordinance to amend the existing cannabis program, the scope of those amendments will determine the timing and next steps for the proposed changes. For example, amendments to the City’s zoning code would require at least three public meetings, which include one Planning Commission meeting, followed by two City Council meetings to introduce and then adopt an ordinance.
Suspension of Operator’s Permit Application Period
In response to the City Council’s request for reconsideration of the adopted commercial cannabis operations program, staff suspended the application period that was scheduled to end on January 17, 2023. No CCOP applications were submitted. The City is not accepting any CCOP applications or fees at this time. Staff proposes to reopen the application period promptly after the City Council completes its review of the adopted program and provides further direction. If the City Council decides not to amend the existing program, then staff will reopen the application period based on the existing regulations and set a new submission deadline. If the City Council amends the commercial cannabis operations program, then staff will restart the application process in line with the adopted amendments. 1834 of 1863
Honorable Mayor and Members of the City Council
January 24, 2023
FISCAL IMPACT:
This agenda item will not have a fiscal impact. If the cannabis ordinance is amended to reduce the number of commercial cannabis operations in the City would have an undetermined net negative fiscal impact due to the reduced tax revenues as compared to the tax revenues to be received from the current commercial cannabis operations program.
ENVIRONMENTAL IMPACT:
There is no environmental impact from this agenda item. A determination of the environmental impact of the cannabis ordinance amendments will be provided as part of the public hearings for those amendments.
RECOMMENDATION:
Review the commercial cannabis regulations and provide direction on proposed changes, if any.
ATTACHMENTS:
1. Draft Ordinance
2. Map of Allowed Zoning Districts with Sensitive Use Buffers 1835 of 1863
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN BRUNO AMENDING ARTICLE III (ZONING) OF TITLE 12 (LAND USE) OF THE MUNICIPAL CODE BY ADDING CHAPTER 12.300 TO AUTHORIZE
COMMERCIAL CANNABIS RETAIL SALES (STOREFRONT SALES) IN THE TRANSIT CORRIDORS PLAN AREA MX-R, TOD-1, TOD-2, AND PD ZONES AND CANNABIS DISTRIBUTION FACILITIES IN THE M-1 ZONE, DELETING SECTION 4.70.070 AND MAKING
A FINDING OF EXEMPTION UNDER CEQA
THE CITY COUNCIL OF THE CITY OF SAN BRUNO DOES ORDAIN AS FOLLOWS:
Section 1. Based on the facts in the Staff Report, written and oral testimony, and exhibits presented, the City Council hereby makes the following findings of facts in support of the proposed Municipal Code amendments regarding establishment of commercial cannabis storefront sales and distribution operations:
1. The zoning code amendments were considered by the San Bruno Planning Commission on _____________, 2023 at a duly noticed public hearing. At the conclusion of the public hearing, the Planning Commission adopted Resolution No. 2023-XX- recommending that the City Council adopt the zoning code amendments modifying the zones in which commercial cannabis storefront sales and cannabis distribution facilities are conditionally permitted uses.
2. A notice of public hearing was duly posted for consideration of this proposed ordinance at the City of San Bruno City Council meeting of _____________, 2023, and on said date, the public hearing was opened, held and closed.
3. The proposed ordinance is consistent with the General Plan of the City of San Bruno, including the following goals and policies:
LUD-A: Promote development of El Camino Real as a boulevard with a series of “districts”, with distinctive uses weaved together with unified streetscape, sidewalk improvements, and pedestrian amenities. Encourage residential development to promote walkability and transit use.
LUD-C: Stimulate reuse and intensification with multi-use, transit-oriented development along El Camino Real and, San Bruno Avenue, and San Mateo Avenue. Provide amenities serving pedestrians, bicyclists, and transit riders along these corridors.
LUD-D: Promote Downtown as the civic and cultural center of San Bruno, based on expansion of the ethnically diverse array of businesses and restaurants. Foster a vibrant, continuous, pedestrian-oriented mix of land uses within Downtown. Increase the market 1836 of 1863
supporting Downtown through new mixed-use opportunities, including housing above the ground floor.
LUD-17: Encourage new development in Downtown to accommodate small retail shops, with larger anchor stores at the northern and southern gateways.
LUD-47: Allow high-intensity mixed-use development – including retail, offices, services, and housing – along San Bruno Avenue, between Elm Avenue and Huntington Avenue.
ED-A: Maintain a positive business climate within San Bruno, including resources for business attraction and expansion.
ED-B: Provide development opportunities that allow for establishment of jobs within San Bruno, commensurate with local residents’ education and skills.
ED-C: Capture the entire spectrum of retail sales and services within San Bruno, from regional uses in The Shops at Tanforan to Downtown commercial uses.
ED-1: Improve the image of San Mateo Avenue in Downtown as an appealing commercial street to shop, dine, and conduct business.
4. The proposed ordinance has been reviewed according to the standards and requirements of the California Environmental Quality Act (CEQA) and the San Bruno environmental review procedures and is determined to be exempt pursuant to Section 15061(b)(3) of the CEQA Guidelines.
5. The proposed ordinance to establish provisions for commercial cannabis storefront sales and distribution uses will not be detrimental to the health, safety, morals, comfort and general welfare of the Citizens of San Bruno.
Section 2. Chapter 12.300 of Article III (Zoning) of Title 12 (Land Use) of the Municipal Code is hereby amended to read as follows, with additions shown with underlines and deletions shown with strikethrough:
“12.300 COMMERCIAL CANNABIS OPERATIONS
12.300.010 Purpose and Intent
It is the purpose and intent of the City Council to regulate commercial cannabis operations consistent with state law and to protect the health, safety, and welfare of the residents of the city. The regulations in this chapter do not interfere with a qualified patient’s right to obtain and use cannabis as authorized under state law, nor do they criminalize the possession or cultivation of cannabis by certain individuals as authorized under state law. Commercial cannabis operations shall comply with all provisions of the San Bruno Municipal Code, state law, and all other applicable local codes and regulations, including all applicable land use and zoning regulations imposed on commercial cannabis operations. It is neither the intent of this chapter to condone or legitimize the illegal use or consumption of cannabis under federal, state, or local law, nor to authorize the operation of a legal business in an illegal manner.
12.300.020 Definitions
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As used in this chapter, the following words and phrases shall have the following meanings, unless otherwise specified:
Cannabis means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this division, “cannabis” does not mean “industrial hemp” as defined by Section 11018.5 of the Health and Safety Code.
Cannabis distribution facility means a business that is authorized to engage in the distribution of cannabis and cannabis products without having a cannabis retailer component.
Cannabis retailer means any establishment which engages in the retail sale of cannabis for adult-use purposes.
Cannabis Operator means an interested person who has obtained a Commercial Cannabis Operator Permit and has a commercial cannabis operation.
Cannabis products has the same meaning as in Section 11018.1 of the Health and Safety Code.
City Manager means the city manager and/or their designee.
Commercial cannabis activity includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis and cannabis products.
Commercial cannabis operation means a cannabis retailer or cannabis distribution facility.
Commercial Cannabis Operator Permit means a permit issued by the City of San Bruno pursuant to this chapter to a commercial cannabis operation.
Conditional use permit means a zoning approval issued by the City Council pursuant to the Zoning Code to a commercial cannabis operation.
Day care center has the same meaning as set forth in Section 1596.76 of the Health and Safety Code.
Director means the Director of Community and Economic Development.
Distribution means the procurement, sale, and transport of cannabis and cannabis products between State licensed cannabis businesses.
Hazardous materials include 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.
Interested persons means any of the following:
(1) Any individual that has an aggregate ownership interest, other than a security interest, lien, or encumbrance, of twenty percent or more in the commercial cannabis operation; (2) Partners, officers, directors, and stockholders of every corporation, limited liability company, or general or limited partnership that owns at least twenty percent of the commercial cannabis operation or that is one of the partners in the commercial cannabis operation;
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(3) The chief executive officer of a nonprofit or other entity, or a member of the board of directors of a nonprofit; and
(4) A manager or an individual who will be participating in the direction, control, or management of the commercial cannabis operation.
Juvenile means any natural person who is under the age of eighteen years.
Manager means a person or persons with responsibility for the establishment, registration, supervision, or oversight of the operation of a commercial cannabis operation, including, but not limited to, a person who performs the functions of a board member, director, officer, owner, operating officer, or manager of the commercial cannabis operation.
MAUCRSA means the Medicinal and Adult Use Cannabis Regulation and Safety Act, codified in Business and Professions Code section 26000 et seq., as the same may be amended from time to time.
Park means a playground or recreational area specifically designed to be used by children which has play equipment installed, including public grounds designed for athletic activities such as baseball, softball, soccer, or basketball or any similar facility located on a public or private school grounds, or on City, county, or state parks. Park does not include small “pocket parks,” such as Posy Park.
Public Library a building or room operated by a government entity containing collections of books, periodicals, and sometimes films and recorded music for people to read, borrow, or refer to. A public library may also provide digital or computer resources.
School means any school providing instruction in kindergarten or any grades l through 12, (whether public, private, or charter, including pre-school, transitional kindergarten, and K12).
Sensitive uses mean a day care center, public library, park, school or youth center, as defined herein. Staff means a person other than a manager who works or provides services on the site of a commercial cannabis operation, whether as an employee, contractor, or volunteer.
Youth center has the same meaning as Section 11353.1 of the Health and Safety Code that includes the following:
1. A public or private facility that is primarily used to host recreation or social activities for minors, including, but not limited to:
a. Private youth membership organizations or clubs,
b. Social service teenage club facilities,
c. Video arcades where 10 or more video games or game machines or devices are operated, and where minors are legally permitted to conduct business, or
d. Similar amusement park facilities.
The public or private facility must be used for youth activities at least 60 percent of the time in a calendar year.
2. A youth center shall not include any private martial arts, yoga, ballet, music, art studio or similar studio of this nature nor shall it include any private gym, athletic training facility, pizza parlor, dentist office, doctor’s office primarily serving children or a location which is primarily utilized as an administrative office or facility for youth programs or organizations.
12.300.030 Prohibitions
Except as expressly authorized pursuant to this Title 12, all commercial cannabis activity is prohibited in the City. 1839 of 1863
12.300.040 Permits and approvals required.
A. Conditional Use Permit. Every property for which a commercial cannabis operation is proposed to be established, maintained, operated, or conducted in the City shall obtain a conditional use permit pursuant to Chapter 12.112.
B. Commercial Cannabis Operator Permit. Every person who proposes to establish, maintain, operate, or conduct a commercial cannabis operation in the City shall obtain a commercial cannabis operator permit pursuant to Chapter 4.70. A commercial cannabis operator permit shall not be issued until a conditional use permit has been obtained by the commercial cannabis operation.
C. Business License. Every person who proposes to establish, maintain, operate, or conduct a commercial cannabis operation in the City shall obtain a business license.
D. State License. Every person who proposes to establish, maintain, operate, or conduct a commercial cannabis operation in the City and every property for which a commercial cannabis operation is proposed to be established, maintained, operated, or conducted shall obtain all state licenses for the activity to be conducted.
E. Operations Plan. Before commencing a commercial cannabis operation, the business shall submit an operations plan to the Director for approval by the Director. The operations plan shall address the following: the security measures that will be implemented to protect the customers and employees as well as the general community; water preservation; financial record keeping; procedures for safely and securely storing and transporting cannabis and cannabis products, and any hazardous materials that may be used by the business; how currency will be stored and taken off-site; any other information requested by the Director.
F. Duty to Maintain Copies of All Permits, Licenses, Permits and Conditions of Approval. A copy of the conditional use permit, commercial cannabis operator permit, business license, State License or other permit or license required by the City, County, or State for the establishment of a commercial cannabis operation shall be maintained on site along with all conditions of approval associated thereof. Such permits may be inspected from time to time by City, County or State representatives or law enforcement personnel and shall be furnished immediately upon request. The on-site manager, in addition to the property owner, business owner, or representative shall be responsible for ensuring compliance with all applicable codes, permits, licenses, and conditions of approval.
12.300.050 Compliance with State and Local Laws and Regulations.
It is the responsibility of the owners and/or operators of any commercial cannabis operation within the City to ensure that the business operates in a manner compliant with this Chapter, all applicable State and local law, and any other regulations promulgated thereunder, including but not limited to the MAUCRSA and regulations promulgated the Department of Cannabis Control.
12.300.060 Additional Procedures and Findings for Approval of Conditional Use Permit for Cannabis Operations.
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A. A conditional use permit for any cannabis operation shall be processed in accordance with the procedures set forth in Chapter 12.112, Conditional Use Permits, with the following revisions:
1. The Planning Commission shall be the recommending body with the City Council being the final approving authority on which commercial cannabis operations obtain a conditional use permit.
2. In addition, to the findings set forth in Section 12.112.050, the Planning Commission and City Council must make the following findings:
a. Whether the use would fully comply with the operational regulations set forth in Chapter 4.70;
b. Whether the use would enhance the economic viability of the area in which it is proposed to be located;
c. Whether the applicant has adequately addressed potential community benefits of the use to offset the potential adverse impacts; d. The extent of the support or opposition to the proposed use and location from members of the community;
e. The extent to which the proposed use would cause a further overconcentration of the particular type of commercial cannabis operation in the area; f. The background and history of the applicant, including the nature and extent of problems on any premises where the applicant has operated a commercial cannabis operation in the past;
g. Whether there is a history of police or crime-related problems in the vicinity of the proposed location; and
h. Whether the proposed use would enhance recreational or entertainment opportunities in the area.
B. Any conditional use permit for a cannabis operation shall comply with the California Environmental Quality Act ("CEQA"). No conditional use permit for any cannabis operation shall be granted until the requisite CEQA review has been conducted.
12.300.070 Development Standards.
All commercial cannabis operations shall comply with the following requirements, and the following applicable requirements of this Section shall be deemed conditions of all cannabis conditional use permit approvals. The Planning Commission and/or City Council may also impose any other development standards that do not conflict with the standards set forth below.
Failure to comply with applicable requirement contained in this Code shall be grounds for revocation of any permit issued in compliance with this Code.
A. Underlying Zone Standards. The establishment of a commercial cannabis operation shall comply with all applicable City zoning site development standards of the zone in which the commercial cannabis operation is located, the building and construction codes, maximum occupancy loads, fire codes, and health and safety regulations in effect in the City, except as explicitly modified by this chapter. Non-conforming uses or properties must be brought into 1841 of 1863
conformity with all applicable standards including, but not limited to, parking, landscaping, and signage.
B. Permitted Locations. Commercial cannabis operations shall only be permitted in the following zones:
1. Cannabis retailers shall be permitted only in:
a. The following Transit Corridors Plan areas: (i) the Central Business District (CBD), (ii) the Transit Oriented Development - Medium Density Mixed-Use District (TOD-1), (iii) the Transit Oriented Development - High Density MixedUse District (TOD-2), (iiiv) Planned Development District (P-D) for Mills Park, and (iv) Planned Development District (P-D) for 111 San Bruno Avenue. b. The Multi Use - Residential Focus District (MX-R)
The Planned Development District P-D) for the Shops at Tanforan Mall.
2. One cCannabis distribution facilitiesy shall be permitted only in the M-1 zone and limited to the geographic area located north of San Bruno Avenue and east of El Camino Real.
C. Maximum Number. A maximum of four two commercial cannabis operations shall operate in the City, with any combination of one cannabis retailers (up to three) or and up to two cannabis distribution facilities (up to one) , as long as the total number of commercial cannabis operations does not exceed fourtwo.
D. Proximity to Sensitive Uses. No commercial cannabis operation shall be established or located within 600 feet of sensitive uses. The distance between any commercial cannabis operation and any sensitive uses shall be measured in a straight line, without regard to the boundaries of the City and intervening structures, from the nearest property line of the site containing the commercial cannabis operation to the nearest property line of the sensitive uses.
In the case of The Shops at Tanforan, the distance shall be measured from the perimeter of any individual lease space or store.
12.300.080 Cannabis Distribution Facility.
A. Transportation safety standards, in addition to those imposed by the State of California, shall be approved by the Director including without limitations, the type of vehicles in which cannabis or cannabis product may be distributed, and minimal qualification for persons eligible to operate such vehicles.
B. A list of the make, model and license plate of all vehicles used for distribution shall be registered with the Police Department before a vehicle may be used to transport cannabis and cannabis products.
C. A person conducting distribution shall comply with requirements of Business and Professions Code Section 26070 (sections c through n, inclusive), as the same may be amended from time to time.
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D. No cannabis distribution facility shall conduct or permit to be conducted any retail sales of cannabis or cannabis goods or services to the general public on or from the business site.
12.300.090 Cannabis Retailers.
A. A cannabis retailer shall have a building with a main entrance that is clearly visible from the public street, sidewalk, or public parking lot. Inside of the main entrance, there shall be a lobby or other receiving area satisfactory to the City to receive persons into the site and to verify whether they are allowed in the retail customer areas. All entrances into the building shall be secured at all times with entry controlled by the cannabis retailer’s managers and staff.
B. If the cannabis retailer will conduct sales by delivery, each building shall have an area designed for the secure transfer of cannabis from the business to the delivery vehicle. Delivery drivers shall be accompanied by a security escort during the transfer of cannabis from the business to the delivery vehicle.
C. Each building that will be used for storing cannabis or cannabis products as part of cannabis retailer shall have adequate storage space separated from the main entrance and lobby, and shall be secured by a lock accessible only to managers and staff of the cannabis retailer.
D. Cannabis retailers shall verify the age and all necessary documentation of each individual to ensure the customer is not a juvenile. Cannabis retailers shall verify that all customers are 21 years of age or older for the purchase of cannabis or cannabis products.
E. Individuals must show their government-issued identification in order to gain access into the cannabis retailer. A cannabis retailer shall only sell cannabis and cannabis products to individuals who are at least 21 years of age.
F. Cannabis retailers may have only that quantity of cannabis and cannabis products to meet the daily demand readily available for sale on-site in the retail sales area of the cannabis retailer. Additional product may be stored in a secured, locked area to which customers, vendors, and visitors shall not have access.
G. All restroom facilities shall remain locked and under the control of management.
H. The cannabis retailer shall notify patrons of the following through posting of a sign in a conspicuous location:
1. Secondary sale, barter or distribution of cannabis is a crime and can lead to arrest.
2. Loitering on and around the cannabis retailer is prohibited by California Penal Code § 647(e) and patrons must immediately leave the site after purchasing cannabis or cannabis goods and not consume cannabis in the vicinity of the cannabis retail site or on the property or in the parking lot.
3. A warning that patrons may be subject to prosecution under federal cannabis laws.
4. That the use of cannabis may impair a person's ability to drive a motor vehicle or operate machinery.
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I. Cannabis retailers shall only serve customers who are within the permitted premises, or at a delivery address that meets the following requirements:
1. The sale and delivery of cannabis goods shall not occur through a pass-through window or a slide-out tray to the exterior of the premises.
2. Cannabis retailers shall not operate as or with a drive-in or drive-through at which cannabis goods are sold to persons within or about a motor vehicle.
3. No cannabis goods shall be sold and/or delivered by any means or method to any person within a motor vehicle.
4. All cannabis goods sold by a retail business shall be contained in child-resistant packaging.
J. Cannabis retailers shall record point-of-sale areas and areas where cannabis goods are displayed for sale on the video surveillance system. At each point-of-sale location, camera placement must allow for the recording of the facial features of any person purchasing or selling cannabis goods, or any person in the retail area, with sufficient clarity to determine identity.
K. Prior to commencing delivery operations, a cannabis retailer shall provide the following information to the City:
1. Proof of ownership of the vehicle or a valid lease for any and all vehicles that will be used to deliver cannabis or cannabis products.
2. The year, make, model, color, license plate number, and numerical Vehicle Identification Number (VIN) for any and all vehicles that will be used to deliver cannabis goods.
3. Proof of insurance for any and all vehicles being used to deliver cannabis goods.
4. The cannabis retailer shall provide the City with the information required by this section in writing for any new vehicle that will be used to deliver cannabis goods prior to using the vehicle to deliver cannabis goods. The cannabis retailer shall provide the City with any changes to the information required by this section in writing within thirty (30) calendar days.
12.300.100 Security.
A. A commercial cannabis operation shall implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing cannabis or cannabis products and to deter and prevent the theft of cannabis or cannabis products at the commercial cannabis operation. The specific security measures shall be identified in the operations plan. Except as may otherwise be determined by the Director these security measures shall include, but shall not be limited to, all of the following:
1. Perimeter fencing and exterior lighting systems (including motion sensors) for after-hours security as approved by the Director were applicable.
2. Preventing individuals from remaining on the premises of the commercial cannabis operation if they are not engaging in an activity directly related to the permitted operations of the commercial cannabis operation. In cases in which the individual will not voluntarily leave the premises, the cannabis employee shall contact the Police Department.
3. Establishing limited access areas accessible only to authorized commercial 1844 of 1863
cannabis operation personnel.
4. All finished cannabis goods at a commercial cannabis operation shall be stored in a secured and locked vault or vault-equivalent during non-operating hours. All safes and vaults used to store cash and/or cannabis goods shall be burglary-resistant and fire-resistant.
All cannabis and cannabis products, including live clone plants that are being sold, shall be kept in a manner as to prevent diversion, theft, and loss.
5. Sensors shall be installed to detect entry and exit from all secure areas and shall be monitored in real time by a security company licensed by the State of California Bureau of Security and Investigative Services.
6. Panic buttons shall be installed with direct notification to the Police Department dispatch and shall be configured to immediately alert dispatch for the Police Department.
7. A professionally installed, maintained, and monitored real-time alarm system shall be installed by a security company licensed by the State of California Bureau of Security and Investigative Services. The commercial cannabis operation shall maintain up-to-date records and existing contracts on the premises that describe the location and operation of each security alarm system, a schematic of security zones, the name of the licensed alarm company, and the name of any vendor monitoring the premises.
8. A commercial cannabis operation shall only use commercial-grade, nonresidential door locks.
9. Any security measures, such as bars, installed on the windows or the doors of the commercial cannabis operation shall be installed only on the interior of the building.
10. Security personnel shall be on-site 24 hours a day and must have a verified response security patrol when closed. Security personnel must be licensed by the State of California Bureau of Security and Investigative Services personnel and shall be subject to the prior review and approval of the Police Chief, with such approval not to be unreasonably withheld.
11. A commercial cannabis operation shall have the capability to remain secure during a power outage and shall ensure that all access doors are not solely controlled by an electronic access panel to ensure that locks are not released during a power outage.
12. Entrance areas are to be locked at all times and under the control of a designated responsible party that is either; (a) an employee of the commercial cannabis operation; or (b) a licensed security professional.
13. Each commercial cannabis operation shall have an accounting software system in place to provide point of sale data as well as audit trails of both product and cash, where applicable.
14. Each commercial cannabis operation shall demonstrate to the Police Chief, City Manager or their designees, compliance with the state’s track and trace system for cannabis and cannabis products.
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15. Exterior vegetation shall be planted, altered and maintained in a fashion that precludes its use as a hiding place for persons on the premises.
16. Emergency access and emergency evacuation plans that are in compliance with state and local fire safety standards.
17. Installation of “mosquitos” (high-pitch frequency devices) as a deterrent to vandalism/loitering.
B. The commercial cannabis operation shall install a 24-hour security video surveillance cameras of at least high-definition (HD) quality with a night vision capability, and must record in color. The video surveillance system shall meet the following requirements and shall be included in the operations plan:
1. All entrances and exits to and from the commercial cannabis operation must be monitored by the video surveillance system. All entrances and exits to the commercial cannabis operation shall be recorded from both indoor and outdoor vantage points.
2. For cannabis retailers, all interior spaces within the commercial cannabis operation which are open and accessible to the public, all interior spaces where cannabis, cash, or currency, is being stored for any period of time on a regular basis and all interior spaces where diversion of cannabis could reasonably occur must also be monitored by the video surveillance system.
3 All exterior cameras shall be in weather-proof enclosures, shall be located so as to minimize the possibility of vandalism, and shall have the capability to automatically switch to black and white in low light conditions.
4. Video shall be of sufficient quality for effective prosecution of any crime found to have occurred on the site of the commercial cannabis operation and shall be capable of enlargement via projection or other means.
5. The video security system must be compatible with software and hardware utilized by the City as determined by the Police Chief and set forth in the operations plan.
6. Surveillance video must be recorded to a device that is securely located on the premises and all footage must be maintained for a minimum of 90 days. The video surveillance system specifications must be set forth in the operations plan before the City issues a certificate of occupancy for the facility.
7. All video surveillance systems must be equipped with a failure notification system that provides prompt notification to the commercial cannabis operation of any prolonged surveillance interruption and/or the complete failure of the surveillance system.
8. A commercial cannabis operation is responsible for ensuring that all surveillance equipment is properly functioning and maintained so that the playback quality is suitable for viewing and the surveillance equipment is capable of capturing the identity of all individuals and activities in the monitored area. All video surveillance equipment shall have sufficient battery backup to support a minimum of 4 hours of recording in the event of a power outage.
9. Camera placement shall be capable of identifying activity occurring within 20 feet of all points of ingress and egress and shall allow for the clear and certain identification of any 1846 of 1863
individual and activities at the commercial cannabis operation.
10. The video surveillance system shall be capable of recording all pre-determined surveillance areas in any lighting conditions.
11. Areas in which cannabis is stored shall have camera placement in the room at a height that provides a clear, unobstructed view of activity without sight blockage from lighting hoods, fixtures, or other equipment.
12. Cameras shall also be placed at each location where weighing, packaging, transport, preparation, or tagging activities occur.
13. At least one camera must be dedicated to record the access points to the secured surveillance recording area.
C. Each commercial cannabis operation shall identify a designated security representative/liaison to the City, who shall be reasonably available to meet with the City Manager regarding any security related measures and/or operational issues. The designated security representative/liaison shall maintain a copy of the current operations plan, that shall include a security plan, on the premises of the business, to present to the City Manager upon request that meets the following requirements:
1. Confirms that a designated manager will be on duty during business hours and will be responsible for monitoring the behavior of employees.
2. Identifies all managers of the commercial cannabis operation and their contact phone numbers.
3. Confirms that first aid supplies and operational fire extinguishers are located in the service areas and the Manager’s office.
4. Confirms that burglar, fire, and panic alarms are operational and monitored by a licensed security company 24 hours a day, seven days a week, and provides contact information for each licensed security company.
5. Identifies a sufficient number of licensed, interior, and exterior security personnel who will monitor individuals inside and outside the commercial cannabis operation, the parking lot, any adjacent property under the commercial cannabis operation’s control, and ensure that the parking lot is cleared of employees and their vehicles one-half hour after closing.
D. The commercial cannabis operation shall cooperate with the City whenever the City Manager makes a request to inspect or audit the effectiveness of any security plan or of any other requirement of this Chapter.
E. A commercial cannabis operation shall notify the City Manager within twenty-four (24) hours after discovering any of the following:
1. Significant discrepancies identified during inventory. The level of significance shall 1847 of 1863
be determined by the regulations promulgated by the City Manager.
2. Diversion, theft, loss, or any criminal activity involving the commercial cannabis operation or any agent or employee of the commercial cannabis operation.
3. The loss or unauthorized alteration of records related to cannabis, customers or employees or agents of the commercial cannabis operation.
4. Any other breach of security.
F. Compliance with the foregoing requirements shall be verified by the City Manager prior to commencing business operations. The City Manager may supplement these security requirements once operations begin.
12.300.110 Additional Performance Standards.
A. Restriction on Alcohol and Tobacco Sales or Consumption. A commercial cannabis operation shall not allow the sale, dispending, or consumption of alcoholic beverages or tobacco on the premises of the commercial cannabis operation.
B. Restriction on Cannabis Consumption. A commercial cannabis operation shall not allow the consumption of cannabis or cannabis products on the premises of the commercial cannabis operation.
C. Graphics. No cannabis or cannabis products or graphics depicting cannabis or cannabis products shall be visible from the exterior of the commercial cannabis operation, or on any of the vehicles owned or used as part of the commercial cannabis operation.
D. Storage. No outdoor storage of cannabis or cannabis products is permitted at any time.
E. Emergency Contact. Each commercial cannabis operation shall provide the City Manager with the name, telephone number (both land line and mobile, if available) of an on-site employee or owner to whom emergency notice can be provided at any hour of the day.
F. Signage and Notices.
1. In addition to the requirements otherwise set forth in this section, business identification signage for a commercial cannabis operation shall conform to the requirements of Chapter 12.104, including, but not limited to, seeking the issuance of a City sign permit.
2. No signs placed on the premises of a commercial cannabis operation shall obstruct any entrance or exit to the building or any window.
3. Each entrance to a commercial cannabis operation shall be visibly posted with a clear and legible notice indicating that smoking, ingesting, or otherwise consuming cannabis on the premises or in the areas adjacent to the commercial cannabis operation is prohibited. 1848 of 1863
4. Business identification signage shall be limited to that needed for identification only and shall not contain any logos or information that identifies, advertises, or lists the services or the products offered. No commercial cannabis operation shall advertise by having a person holding a sign and advertising the business to passersby, whether such person is on the premises of the commercial cannabis operation or elsewhere including, but not limited to, the public right-of-way.
5. Signage shall not depict any image of cannabis or cannabis products. No banners, flags, snipe signs, billboards, or other prohibited signs may be used at any time.
G. Cleanliness. All exterior areas of any commercial cannabis operation, including the building, landscaping, and parking areas, shall be maintained in a clean and orderly manner free of trash, weeds, and debris.
H. Lighting. A commercial cannabis operation shall comply with the City's lighting standards including, without limitation, fixture type, wattage, illumination levels, shielding, and secure the necessary approvals and permits as needed. The commercial cannabis operation shall ensure that minimum lighting levels in exterior building and parking lot areas are adequate for the safe operation of vehicles and other modes of travel. A commercial cannabis operation shall submit an exterior lighting plan that includes a photometric survey of proposed light standards, heights, fixtures, light sources, spacing and shielding.
I. Noise. A commercial cannabis operation shall comply with all applicable standards of Chapter 6.16.
J. Odor Control. Odor control devices and techniques shall be incorporated in all commercial cannabis operations to ensure that odors from cannabis are not detectable off-site.
Commercial cannabis operations shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the commercial cannabis operation that is distinctive to its operation is not detected outside of the commercial cannabis operation, anywhere on adjacent property or public rights-of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the commercial cannabis operation. Failure to control odors from being detectable from outside the commercial cannabis operation shall constitute a public nuisance and shall be grounds for suspension or revocation of the cannabis conditional use permit. As such, commercial cannabis operations must install and maintain the following equipment, or any other equipment which the Director or his/her designee(s) determine is a more effective method or technology:
1. An exhaust air filtration system with odor control that prevents internal odors from being emitted externally; and
2. An air system that creates negative air pressure between the commercial cannabis operation’s interior and exterior, so that the odors generated inside the commercial cannabis operation are not detectable on the outside of the commercial cannabis operation. 1849 of 1863
K. Management. A manager with operational authority shall be on the premises during all times the use is operating and must be included on the associated commercial cannabis operation permit.
L. Cannabis Waste. All waste and disposal containers shall be stored in a secure area, and under the control of the commercial cannabis operation’s staff.
M. Windows. All windows of the commercial cannabis operation shall be secured.
N. Copies of State Permits. The applicant shall provide the City with copies of all applications, plans and security plans submitted to the State for a State License.
O. Parking. On-site parking shall be provided as determined by the Director based on the operation of the facility.
P. The Planning Commission and/or City Council may also impose any other performance standards that do not conflict with the standards set forth in this chapter.
12.300.120 Promulgation of Regulations, Standards and Other Legal Duties.
A. In addition to any regulations adopted by the City Council, the City Manager is authorized to establish any additional rules, regulations and standards governing the issuance, denial or renewal of conditional use permits, the ongoing operation of a commercial cannabis operation and the City's oversight, or concerning any other subject determined to be necessary to carry out the purposes of this Chapter.
B. Regulations shall be published on the City’s website.
C. Regulations promulgated by the City Manager shall become effective upon date of publication. Commercial cannabis operations shall be required to comply with all state and local laws and regulations, including but not limited to any rules, regulations or standards adopted by the City Manager.
12.300.130 Limitations on City’s Liability.
A. To the fullest extent permitted by law, the City does not assume any liability whatsoever, with respect to approving any permit pursuant to this chapter or the operation of any commercial cannabis operation approved under to this chapter.
B. As a condition of approval of a permit as provided in this chapter, the applicant or its legal representative shall do the following:
1. Execute an agreement indemnifying the City from any claims, damages, injuries, or liabilities of any kind associated with the operation of the commercial cannabis operation, issuance of a permit to a commercial cannabis operation, or the prosecution of the commercial cannabis operation or its owners, managers, directors, officers, employees, or its qualified patients or primary caregivers for violation of federal or state laws; 1850 of 1863
2. Maintain insurance in the amounts and of the types that are acceptable to the City Manager or designee; and
3. Reimburse the City for all costs and expenses, including but not limited to legal fees and costs and court costs, which the City may be required to pay as a result of any legal challenge related to the City's approval of a conditional use permit or commercial cannabis operator permit or related to the City 's approval of a cannabis activity. The City, at its sole discretion, may participate at its own expense in the defense of any such action, but such participation shall not relieve the applicant of any of the obligations imposed hereunder.” Section 3. Subsection C of Section 12.96.150 (M-1 Industrial district.) of Chapter
12.96 (Establishment of districts) of Article III (Zoning) of Title 12 (Land Use) of the Municipal Code is hereby amended to read as follows, with additions shown in underlined text, with the remainder of Section 12.96.150 remaining unchanged:
“C. Conditional Uses. Conditional uses, conducted entirely within an enclosed structure, subject to obtaining a use permit and architectural review permit, are as follows:
1. Industrial and manufacturing uses that may be obnoxious by reason of the emission of dust, odor, noise, glare or other nuisance, including uses such as the following:
a. Auto-related uses such as vehicle repair and maintenance and gas and service stations;
b. Auto wrecking;
c. Building materials;
d. Contractor yards;
e. Manufacture, handling, or storage of dangerous materials; f. Lumberyards;
g. Any use which in the opinion of the planning commission is similar to the above conditional uses.
h. Firearm dealers, subject to the limitations set forth by Section 6.08.070(H).. i. Cannabis distribution facilities subject to the provisions of Chapters 4.70 and
12.300.”
Section 4. Subsection C of Section 12.96.190 (P-D planned development district.) of Chapter 12.96 (Establishment of Districts) of Article III (Zoning) of Title 12 (Land Use) of the Municipal Code is hereby amended to read as follows:
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“C. Conditional Uses. Any and all compatible land uses consistent with the San Bruno General Plan are conditional uses in a P-D district, provided such use or uses have been designated on a development plan and approved by the planning commission and city council pursuant to the provisions of this section. Conditional uses may be authorized by the approval by the Planning Commission of a planned development permit (PDP). Notwithstanding the foregoing, cannabis retailers are a conditionally permitted use in a P-D district, provided the cannabis retailer obtains the necessary permits pursuant to Chapters 4.70 and 12.300.” Section 5. Table 12.280-1: Permitted Uses in Mixed-Use Zoning Districts of Section
12.280.020 (Permitted Uses.) of Chapter 12.280 (Mixed-Use Zoning Districts) of Article III (Zoning) of Title 12 (Land Use) of the Municipal Code is hereby amended to add new lines under “Commercial Uses” to read as follows, with the remainder of Table 12.280-1 remaining unchanged:
Land Uses CBD TOD-S TOD-1 TOD-2 CC MX-R
Commercial Uses C4 - C4 C4 - C4
Cannabis retailer - - C4 C4
- C4
Footnote 4: Subject to obtaining the necessary permits pursuant to Chapters 4.70 and
12.300.
Section 6. Section 4.70.070 (Maximum Number of Authorized Cannabis Operators Permitted) of Chapter 4.70 (Commercial Cannabis Operator Permit) of Title 4 (Licenses and Regulations) of the San Bruno Municipal Code is hereby deleted in its entirety, Section 76. This ordinance is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it is not a project and there is not a possibility that the ordinance may have a significant effect on the environment.
Section 87. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion or sections of the Ordinance. The City Council of the City of San Bruno 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, sentences, clauses or phrases be declared unconstitutional.
Section 98. This Ordinance shall take effect and be in force 30 days after its adoption.
Section 109. The City Clerk shall publish this Ordinance according to law.
Rico E. Medina, Mayor
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ATTEST:
Vicky Hasha, Deputy City Clerk
APPROVED AS TO FORM
Trisha Ortiz, Interim City Attorney
---o0o---
I hereby certify that the foregoing Ordinance No.
was introduced on ____________,
2023, and adopted at a regular meeting of the San
Bruno City Council on___________, 2023, by the
following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
RECUSE: COUNCILMEMBERS:
Lupita Huerta, City Clerk
1853 of 1863
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City Council Agenda Item
Staff Report
CITY OF SAN BRUNO
DATE: January 24, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Jovan D. Grogan, City Manager
PREPARED BY: Trisha Ortiz, City Attorney
SUBJECT: Introduce, Read by Title Only, and Waive Further Reading of an Ordinance Adding Chapter 2.33 to the San Bruno Municipal Code Adopting Local Contribution Limits for City Council Elections BACKGROUND:
On March 29, 2022 the City Council held a study session to consider adopting local campaign finance regulations. At that meeting, the City Council reviewed the current contribution limits of neighboring cities in San Mateo County (see attached) and subsequently expressed the desire to adopt local limits for campaign contributions to candidates for City Council.
Pursuant to Assembly Bill 571 (Stats. 2019, Ch. 556, AB 571 Mullin), beginning January 1, 2021 a state campaign contribution limit applies by default to city candidates when the city has not already enacted a contribution limit on such candidates. Along with the new campaign contribution limit, AB 571 also applied to local candidates other related provisions that formerly applied only to state level candidates.
At the March 29, 2022 meeting, the City Council was informed that adopting local limits would override the State contribution limits under AB 571, which are currently set at $5,500, and would also eliminate state law authority to carry over contributions from one election to pay expenses for a future election to the same office. Council was also informed of the need to establish penalties for violations, and the responsibility of the city to bear the cost of enforcement.
At the December 13, 2022 meeting, the City Council considered an ordinance to establish local limits for campaign contributions. Among other things, the proposed ordinance prohibited anonymous contributions in any amount. As part of its discussion, the City Council requested that staff return with an ordinance that does not impose requirements that are in addition to the existing requirements provided in the California Political Reform Act for a contribution in amount less than $100.
At the January 10, 2023 meeting, the City Council requested that staff return with a revised ordinance that (i) includes an inflation adjustment to the limit amount and (ii) removes the section regarding civil lawsuit enforcement measures.
DISCUSSION:
Contribution limits are intended to apply to the Mayor and all Councilmembers equally and use of the term “City Council” in this report includes both the Mayor and Councilmembers. 1855 of 1863
Honorable Mayor and Members of the City Council
January 24, 2023
Adopting local limits allows cities to establish an appropriate limit for the jurisdiction that still provides candidates the opportunity to raise funds that are sufficient to engage in an effective campaign. Limits can lend to greater trust and integrity in the electoral process, encourage broad-based citizen involvement, and reduce actual corruption and the appearance of impropriety from large contributions.
In addition to the limitation on contributions in the amount of $500, the draft Ordinance also includes limits and regulation of campaign funding in the following areas:
• Prohibiting anonymous contributions
• Written Solicitations by Candidates
• Filing of Campaign Statements in Electronic Format
• Penalties
Prohibiting Anonymous Contributions
Section 84304 of the Political Reform Act provides “No person shall make an anonymous contribution or contributions to a candidate, committee or any other person totaling one hundred dollars ($100) or more in a calendar year. An anonymous contribution of one hundred dollars ($100) or more shall not be kept by the intended recipient but instead shall be promptly paid to the Secretary of State for deposit in the General Fund of the state.” In contrast, Paragraph B of Section 2.33.030 of the draft Ordinance prohibits contributions in any amount for which the contributor’s true identity is not provided at the time the contribution is made. The draft Ordinance does not add a reporting requirement for contributions under $100.
Rather, it provides an express requirement to track the source of all contributions. It should be noted that even under Section 84211 of the Political Reform Act, there is an implicit obligation to track contributions under $100 to ensure that a candidate reports contributions from a person when the cumulative amount received from such person is $100 or more.
Written Contribution Solicitations by Candidates
The draft Ordinance requires that a candidate or controlled committee of a candidate provide the written notice of the City’s campaign contribution limits on any written solicitation. The required language is as follows:
“NOTICE TO CONTRIBUTORS: The City of San Bruno Municipal Code limits the amount that a contributor may give to a candidate for the position of city councilmember. An individual contributor may not make a contribution of more than $500 to any individual candidate in connection with a single election. Please read Chapter
2.33 of the San Bruno City Code prior to making a contribution to my campaign.”
Adjustment to Limit
Commencing January 1, 2025, the $500 contribution limit will be adjusted in January of every odd-numbered year to reflect any increase or decrease in the Consumer Price Index measured over the prior twenty-four month period, with the adjustment rounded to the nearest dollar. 1856 of 1863
Honorable Mayor and Members of the City Council
January 24, 2023
Filing of Campaign Statements in Electronic Format
The draft Ordinance requires electronic filing of campaign statements. The City currently uses a certified NetFile filing system for all City of San Bruno candidates. The NetFile system can also be used for filing and tracking of contribution limits. It the NetFile system is fully used, staff expects improved candidate reporting and compliance with campaign contribution rules.
Enforcement
Violations of the draft Ordinance may be prosecuted as an infraction punishable by a fine not to exceed $250 per violation. Also, any person who knowingly or willfully violates the Ordinance is guilty of a misdemeanor punishable by up to six months in jail, and a fine of up to $1,000 per violation. In the discretion of the City Attorney, the City may impose an appropriate administrative fine not to exceed three times the amount the person unlawfully contributed or received.
If adopted, the ordinance would apply to campaign fundraising for the November election in 2024.
FISCAL IMPACT:
The City does not anticipate a fiscal impact from routine administration of the Ordinance because such administrative functions would be performed by current staff in the City Clerk’s office. However, like other municipal code enforcement matters, bringing enforcement actions for violations requires the use of City resources, which would include staff and attorney time and expenses. Staff cannot predict the fiscal impact of these enforcement actions. The draft Ordinance includes a private right of action, which allows a resident to bring an enforcement action at no expense to the City.
ENVIRONMENTAL IMPACT:
There is no environmental impact. The action is not a project subject to CEQA. City Council’s action is not considered a “project” per CEQA Guidelines and therefore no environmental analysis is required.
RECOMMENDATION:
Introduce, read by title only, and waive further reading of an Ordinance Adding Chapter 2.33 to the San Bruno Municipal Code Adopting Local Contribution Limits.
ALTERNATIVES: Take no action and continue to follow the State campaign contribution limits of $5,500, which also provides exceptions on recall, paying off debt, and carrying over contributions.
ATTACHMENTS:
1. Ordinance
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ORDINANCE NO.
AN ORDINANCE OF THE SAN BRUNO CITY COUNCIL
ADDING CHAPTER 2.33 OF THE SAN BRUNO
MUNICIPAL CODE ADOPTING LOCAL CAMPAIGN
CONTRIBUTION LIMITS FOR CITY COUNCIL ELECTIONS
THE CITY COUNCIL OF THE CITY OF SAN BRUNO DOES ORDAIN AS FOLLOWS:
SECTION 1:
Title 2 of the San Bruno Municipal Code is hereby amended by adding Chapter
2.33, to read as follows:
“Chapter 2.33
LIMITATIONS ON CAMPAIGN CONTRIBUTIONS TO CITY COUNCIL CANDIDATES Sections:
2.33.010 Findings
2.33.020 Definitions
2.33.030 Limitations on Contributions
2.33.040 Aggregation of Contributions
2.33.050 Written Contribution Solicitations by Candidates
2.33.060 Candidate Campaigns Only
2.33.070 Periodic ReviewAdjustment of Limits
2.33.080 Filing of campaign statements in electronic format
2.33.090 Penalties
2.33.100 Injunction, other court action
2.33.010 Findings
The City Council hereby finds that preserving integrity and providing transparency and openness in City elections is a matter of the highest public interest. The City’s interest in eliminating actual corruption or the appearance of corruption in City elections is a sufficiently important public interest to justify and sustain the narrowly drawn restrictions imposed in this Chapter that avoid unnecessary abridgement of Constitutionally protected associational rights. Eliminating actual corruption or the appearance of corruption in City elections by regulating certain campaign contributions over a specified dollar limit will promote public confidence in government. It is the policy of the City to promote and encourage broad-based citizen involvement in the financing of election campaigns.
2.33.020 Definitions.
Unless a particular word or phrase is otherwise specifically defined in this Chapter, or the contrary is stated or clearly appears from the context, the definitions set forth in the 1858 of 1863
Political Reform Act of 1974 (Government Code Sections 81000 et seq.) shall govern the construction, meaning, and application of words and phrases used in this article.
References to particular sections of the Government Code or other statutes or laws, including references in this section, shall be deemed to include any changes to such sections, statutes or laws, including any amendments, deletions, additions, renumberings or recodifications that may occur subsequent to the enactment of this Chapter.
2.33.030 Limitations on Contributions
A. For any particular election, including an election to replace a candidate subject to recall, no person shall make, and no candidate or controlled committee of the candidate, or person acting by or on behalf of the candidate or the candidate’s controlled committee shall accept, any contribution that would cause the total amount contributed from a person to the candidate or to the committee controlled by that candidate for that election to exceed $500.
B. Contributions for which the contributor’s true identity is not provided at the time the contribution is made, in any amount, to candidates or their controlled committees are prohibited.
C. No person shall make a contribution on behalf of another or while acting as the intermediary or agent of another, without disclosing to the recipient of the contribution both the person's, intermediary's or agent's own full name and street address, occupation, and the name of the employer of person, intermediary or agent, if any, or the person's, intermediary's or agents principal place of business if the person, intermediary or agent is self-employed. The recipient of the contribution shall also be made aware of the full name and street address and occupation and the name of the employer, if any, or principal place of business, if self-employed, of the actual contributor.
D. No contributions shall be made, directly or indirectly, by any person or combination of persons acting jointly in a name other than the name by which they are identified for legal purposes, nor in the name of another person or combination of persons.
No persons shall make a contribution in their name of anything belonging to another person or received from another person on the condition that it is to be used as a contribution.
E. Any contribution or portion thereof that exceeds the limits in this section shall be deemed to have been received if the contribution or portion that exceeds the limits is not negotiated and is returned to the contributor within 14 days of receipt by the candidate, committee or the candidate or committee’s agent.
F. The limitations imposed by this section shall not apply to contributions of a candidate’s personal funds to the candidate’s own campaign, or to any loan of the candidate’s personal funds to the candidate’s own campaign. All other loans for campaign purposes shall be considered contributions and subject to the limits of this Section.
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2.33.040 Aggregation of Contributions
Contributions shall be aggregated and subject to the limits of this Chapter pursuant to the Political Reform Act of 1974 (Government Code Sections 81000 et seq.) or any successor regulation on the same subject. The contributions of spouses and domestic partners shall not be aggregated, even if contributed from joint accounts.
2.33.050 Written Contribution Solicitations by Candidates and Committees A candidate or controlled committee of a candidate for the position of San Bruno City Councilmember shall provide the following written notice in at least 10 point type on the face of every written solicitation for campaign contributions, in whatever form or format made:
“NOTICE TO CONTRIBUTORS: The City of San Bruno Municipal Code limits the amount that a contributor may give to a candidate for the position of city councilmember. An individual contributor may not make a contribution of more than $500 to any individual candidate in connection with a single election. Please read Chapter 2.33 of the San Bruno City Code prior to making a contribution to my campaign.”
2.33.060 Candidate Campaigns Only
The provisions of this Chapter apply to election campaigns for candidates for City elective office only. The provisions do not apply to any ballot measure, referendum or initiative election.
2.33.070 Periodic ReviewAdjustment of Contribution Limits Commencing January 1, 2025, this contribution limit shall be adjusted in January of every odd-numbered year to reflect any increase or decrease in the Consumer Price Index for All Urban Customers (CPI-U), San Francisco-Oakland-Hayward, or such successor index, measured over the prior twenty-four month period ending with the most current month for which data is available, with the adjustment rounded to the nearest dollar.The contribution limit set forth in this Chapter may be adjusted at any time by the City Council and in the amounts that the City Council determines to be appropriate by adoption of an ordinance amending this Chapter.
2.33.080 Filing of Campaign Statements in Electronic Format Whenever an elected city officer, a candidate or committee is required to file a Form 460 campaign disclosure statement under the Political Reform Act or the Regulations with the city clerk, the statement shall be filed in an electronic format prescribed by the city clerk, provided that the clerk has prescribed the format at least 60 days before the statement is due. If no format has been prescribed in a timely manner, the elected city officer, a 1860 of 1863
candidate or committee shall file the statement in a format suitable for electronic scanning. Any statement, report, or other document filed electronically or online pursuant to this section need not be filed in paper format. The statement, report, or other document shall be electronically submitted no later than midnight on the established filing date.
2.33.090 Penalties
A. The requirements of this Chapter are in addition to the requirements of the Political Reform Act applicable to city candidates. Nothing in this article shall be deemed to exempt, or is intended to prevent, any person from complying with applicable provisions of any other laws of this state, including the Political Reform Act.
B. Except as provided in subsection C of this section, the violation of any provision of this chapter may be prosecuted as an infraction punishable by a fine not to exceed $250 per violation, in the discretion of the prosecutor .
C. Any person who knowingly or willfully violates the provisions of this Chapter is guilty of a misdemeanor punishable by up to six months in jail, and a fine of up to $1,000 per violation.
D. In the discretion of the City Attorney, the City may impose an appropriate administrative fine not to exceed three times the amount the person unlawfully contributed or received.
2.33.100 Injunction, other court action
In addition to all other remedies and penalties provided for violation of this Chapter, the City Attorney may bring civil suit in a court of competent jurisdiction to seek an injunction or other appropriate relief, to halt any violation of this Chapter. If the City prevails in any such civil action, the City shall be entitled to recover its reasonable attorneys' fees incurred and costs of such action. The City Attorney also may refer any alleged violations of this chapter or State law to the attention of the District Attorney or the Fair Political Practices Commission. Any resident of the City may bring a private action against a candidate, committee or contributor to enjoin any violations of this Chapter if the voter first provides at least 14 days’ advance notice of an alleged violation of this Chapter to the City Clerk with reasonable evidence that a violation has occurred and City Clerk either (1) notifies the voter in writing within 14 days of receipt that the City will take no action on the allegation; or (2) provides no response from the City within the 14 day period. If the City Clerk notifies the resident in writing that the City intends to take enforcement action as provided in this Chapter, the resident may not file any private lawsuit.” SECTION 2.
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, invalid or ineffective by a court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this 1861 of 1863
ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases e declared unconstitutional, invalid or ineffective.
SECTION 3
Pursuant to Government Code 36937 this ordinance relates to an election and shall take effect immediately upon adoption.
SECTION 4.
The City Clerk is directed to cause publication of this ordinance as required by law. _________________________
Rico E. Madina, Mayor
ATTEST:
________________________
Lupita Huerta, City Clerk
APPROVED AS TO FORM
_________________________
Trisha Ortiz, City Attorney
---o0o---
I hereby certify that the foregoing Ordinance No.
________ was introduced on ____, 2022, and
adopted at a regular meeting of the San Bruno City
Council on ____, 2023, by the following vote:
AYES: COUNCILMEMBERS:________________________________
NOES: COUNCILMEMBERS:________________________________
ABSENT: COUNCILMEMBERS:________________________________ RECUSE: COUNCILMEMBERS:________________________________ _________________________
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Lupita Huerta, City Clerk
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