NVF:TLC:JMD
2/3/2022
1 T-51008.002/1892916_2
Council Agenda: 2/15/2022
Item No.: 10.2(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
RESOLUTION NO. _______
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
JOSE A DOPTING THE CANNABIS BUSINES
ORDINANCE UPDATE NEGATIVE DECLARATION, FOR
WHICH AN INITIAL STUDY WAS PREPARED, ALL IN
ACCORDANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT, AS AMENDED
WHEREAS, prior to the adoption of this Resolution, the Director of Planning, Building and Code Enforcement of the City of San Jos é prepared an Initial Study and approved for circulation a Negative Declaration for the Cannabis Business Ordinance Update under Planning File No. PP21-002 (the “ Initial Study/ Negative Declaration”), all in accordance with the requirements of the California Environmental Quality Act of 1970, together with state and local guidelines implementing said Act, all as amended to date (collectively “CEQA”); and
WHEREAS, the Cannabis Business Ordinance Update (the “Project”) analyz ed under the Initial Study/ Negative Declaration consists of the following amendments to the City Manager Regulations for Medical and Non- Medical Cannabis, and Title 6 (the Business Licenses and Regulations Co de) and Title 20 ( the Zoning Code) of the San José Municipal Code and : (1) Amendments to the City Manager Regulations include, but are not limited to: increasing the number of cannabis retail businesses from 16 to 50, five of which are reser ved for equity applicants, prohibiting further cult ivation site regulation, removing the prohibition on delivery only businesses ; (2)Amendments to Title 6 of the San José Municipal Code include, but are not limite d to: definitions for “cannabis storefront” and “cannabis delivery only business;” and (3) Amendments to Title 20 of the San José Municipal Code include, but are not limited to: add distance requirements from Cannabis Businesses to sensitive uses of 600 feet from a school, daycare, or youth center; allow cannabis retail storefront in Combined Industrial and Commercial, Commercial Pedestrian, Commercial Ne ighborhood, Commercial General , Main Street NVF:TLC:JMD
2/3/2022
2 T-51008.002/1892916_2
Council Agenda: 2/15/2022
Item No.: 10.2(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Commercial, Main Street Gr ound Floor Commercial, Mixed Use Commercial, Transit Residential, Urban Village, Urban Village Commercial, Urban Residential, and applicable Planned Development Zoning Districts, non- storefront cannabis businesses in Combined Industrial and Commercial, Industrial Park, Light Industrial, and applicable Planned Development Zoning Districts, and change distance requirements to sensitive uses; all of the proposed amendments are located in the City of San Jos é (Citywide), California; and
WHEREAS, the Cannabis Business Ordinance Update Project (the “Project”) analyzed under the Initial Study/Negative Declaration concluded that implementation of the Project would not result in certain significant effects on the environment; and
WHEREAS, the City of San José is the lead agency on the Project, and the City Council is the decision-making body for the proposed approval to undertake the Project; and
WHEREAS, the City Council has reviewed and considered the Initial Study /Negative Declaration for the Project and intends to take actions on the Project i n compliance with CEQA and state and local guidelines implementing CEQA; and
WHEREAS, the Initial Study/Negative Declaration for the Project are on file in the Office of the Director of Planning, Building and Code Enforcement , located at 200 East Santa Clara Street, 3rd Floor Tower, San José, California, 95113, and online at www.sanjoseca.gov/Planning
are available for inspection by any interested person at that location and are, by this reference, incorpor ated into this Resolution as if fully se t forth herein;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSE:
NVF:TLC:JMD
2/3/2022
3 T-51008.002/1892916_2
Council Agenda: 2/15/2022
Item No.: 10.2(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
THAT THE CITY COUNCIL does hereby make the following findings: (1) it has independently reviewed and analy zed the Initial Stud y/Negative Declaration and other information in the record and has considered the information contained therein, prior to acting upon or approving the Project, (2) the Initial Study/ Negative Declaration prepared for the Project has been completed in compli ance with CEQA and is consistent wit h state and local guidelines implementing CEQA, and (3) the Initial Study/ Negative Declaration represents the independent judgment and analysis of the City of San Jos é, as lead agency for the Project. The City Council designates the Director of Planning, Building and Code Enforcement at the Director’s Office at 200 East Santa Clara Street, 3rd Floor Tower, San Jos é, California , 95113, as the custodian of documents and records of proceedings on which this decision is based.
THAT THE CITY COUNCIL does hereby find that based up on the entire r ecord of proceedings before it and all informat ion received that there is no substantial evidence that the Project will have a significant effect on the environment and does hereby adop t the Negative Declaration prepared for the Project (Planning File No . PP21-002). The Initial Study/ Negative Declaration is: (1) on file in the Office of the Director of Planning , Building and Code Enforcement , located at 200 East Santa Clara Street, 3rd Floor Tower, San José, California, 95113, and online at www.sanjoseca.gov/Planning, and (2) available for inspection by any interested person.
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NVF:TLC:JMD
2/3/2022
4 T-51008.002/1892916_2
Council Agenda: 2/15/2022
Item No.: 10.2(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
ADOPTED this ____ day of _________, 2022, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
SAM LICCARDO
Mayor
ATTEST:
TONI J. TABER, CMC
City Clerk