Item 7a
Amend Section 10.68.020, subdivision A, to read as follows:
A. “Code enforcement officer” means and includes, for the purposes of this chapter only, Community Service Officers as designated by the chief of police, as well as code enforcement officers regularly employed or designated in that capacity by the city.
Public Engagement
The proposed amendment is required to authorize designated civilian employees to issue citations when infractions and misdemeanor violations of the San Luis Obispo Municipal Code are observed; all Police Officers currently issue citations in these cases. This is an administrative item, so no outside public engagement was completed. Public comment can be provided to the City Council through written correspondence prior to the meeting and through public testimony at the meeting.
CONCURRENCE
The City Attorney’s Office has reviewed this report and authored the draft ordinance.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in this report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378.
FISCAL IMPACT
Budgeted: Yes/No Budget Year: 20XX-2X
Funding Identified: Yes/No
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $ N/A $ $ $
State
Federal
Fees
Other:
Total $ N/A $ $ $
Item 7a
ALTERNATIVES
Council could choose to not accept these amendments to the Municipal Code; however, these changes are highly desired to maximize the effectiveness of the Community Service Officers.
ATTACHMENTS
A - Draft Ordinance adopting CSO Citation Authority
B - California Penal Code section 836.5
C - California Penal Code section 853.3
D - California Penal Code section 853.6
E - Current SLOMC section 1.16.060
F - Current SLOMC section 10.08.070
G -Current SLOMC section 10.68.020
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ORDINANCE NO. (2023 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AMENDING TITLE 1 “GENERAL
PROVISIONS”, CHAPTER 16 “CITATION PROCEDURE”, SECTION
1.16.060 “CODE ENFORCEMENT OFFICER DESIGNATION
AUTHORITY” AND TITLE 10 “VEHICLES AND TRAFFIC”, CHAPTER
10.08 “ADMINISTRATION”, SECTION 10.08.070, AND CHAPTER 10.68 “INOPERATIVE VEHICLES”, SECTION 10.68.020, AND AMENDING TITLE 9 “PUBLIC PEASE, MORALS AND WELFARE” TO ADD
CHAPTER 9.60 “ENFORCEMENT” IN ORDER TO AUTHORIZE
DESIGNEES OF THE POLICE CHIEF, INCLUDING COMMUNITY
SERVICE OFFICERS, TO ISSUE CITATIONS FOR ALL INFRACTION
AND MISDEMEANOR VIOLATIONS OF THE MUNICIPAL CODE AND
MAKING A DETERMINATION OF EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the Police Department of the City of San Luis Obispo (“the Department”) employs Police Field Service Technicians (“PFSTs”), soon to be renamed as Community Service Officers (“CSOs”), who are non-sworn members of the Department that work under the general supervision of a Police Lieutenant within a framework of standard policies and procedures; and
WHEREAS, CSOs perform paraprofessional police related duties, which include handling of non-emergency calls for service, property and evidence control and processing, and a variety of assigned administrative tasks; and WHEREAS, CSOs further perform a variety of field duties, including but not limited to, providing traffic control at the scene of accidents, large gatherings, and other nonhazardous incidents; providing security and other assistance at crime scenes; and posting and storage of abandoned vehicles; issuing citations for abandoned vehicles, taking necessary follow-up action to arrange for removal of the vehicles and determining legal owners for billing of tow services, if required; and issuing non-moving traffic citations for equipment violations and parking violations; and
WHEREAS, sworn members of the Department currently issue citations for violations of the San Luis Obispo Municipal Code that constitute infractions and misdemeanors; and
WHEREAS, Section 836.5 of the California Penal Code provides that a public officer or employee with a duty to enforce a statute or ordinance, when authorized by ordinance, may arrest a person without a warrant or, if the person arrested does not demand to be taken before a magistrate, may “prepare a written notice to appear and release the person on his or her promise to appear”; and
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Ordinance No. (2023 Series) Page 2
WHEREAS, Section 853.5 of the California Penal Code authorizes citation of a person “arrested for an offense declared to be an infraction” and Section 853.6 authorizes citation of a person “arrested for an offense declared to be a misdemeanor” with exceptions for certain violent offenses; and
WHEREAS, under the existing San Luis Obispo Municipal Code Section 10.68, PFSTs are authorized to enforce the City Ordinance related to inoperative vehicles including service of a notice of vehicle abatement; and WHEREAS, under San Luis Obispo City Municipal Code Section 10.08.070, "the police chief” and “such other persons as they shall designate as enforcing officers” are charged with enforcing the City’s parking ordinances, and CSOs, if designated as a “enforcing officials”, could issue citations for violations of the City’s parking ordinances; and
WHEREAS, other provisions of the San Luis Obispo Municipal Code do not specifically provide that designated enforcing officers, such as CSOs, have the authority to enforce the Municipal Code; and
WHEREAS, Section 1.16.060 of the San Luis Obispo City Municipal Code authorizes the city administrative officer to “designate public officers or employees of the city to exercise the powers authorized by Section 836.5(a) of the California Penal Code, including the issuance of citations for violation of the provisions of the Municipal Code pursuant to Sections 853.5 and 853.6 of the California Penal Code”; and WHEREAS, in addition to being designated under Section 1.16.060, a CSO must also have the authority to enforce the San Luis Obispo Municipal Code in order to issue citations for all infraction and misdemeanor violations of the San Luis Obispo Municipal Code; and
WHEREAS, certain conforming amendments to San Luis Obispo Municipal Code Section 10.68.020.A are required to consistently use the term “Community Service Officers” throughout the Municipal Code; and
WHEREAS, the City Council of the City of San Luis Obispo finds that it is beneficial to charge CSOs and other civilian designees of the Police Chief with the authority to enforce the San Luis Obispo Municipal Code and designate such persons under Section
1.16.60 to issue citations to help alleviate staffing shortages and increase Department responsiveness to low level calls for service and illegal activity that can be handled by designated civilian employees, freeing up sworn Police Officers to handle more serious and dangerous calls for service; and make certain conforming amendments.
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Ordinance No. (2023 Series) Page 3
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. The Council hereby finds and declares the following:
1. The above recitals are true and correct and are incorporated herein by reference.
2. CSOs should be given citation authority to enforce municipal code violations in order to enhance Department responsiveness, alleviate Police Officer staffing shortages, and improve the safety and securityof the city.
3. Certain conforming edits should be made to consistently use the term “Community Service Officers” throughout the Municipal Code.
4. Pursuant to California Environmental Quality Act (CEQA), it can be seen with certainty that there is no possibility that the proposed Municipal Code Amendment regarding authorization to issue citations for municipal code violations will have any effect on the environment (General Rule Exemption CEQA Guidelines Section 15061(b)(3)) and that the proposed Municipal Code Amendment is not a “project” (CEQA Guidelines Section 15378(b)) because the amendment in authority to issue citations is an organizational or administrative activity of the City that will not result in a direct or indirect physical changes in the environment.
SECTION 2. Section 1.16.060 of the San Luis Obispo Municipal Code is hereby amended to read as follows:
Section 1.16.060. Code Enforcement Officer Designation Authority.
The city administrative officer is empowered to designate public officers or employees of the city to exercise the powers authorized by Section 836.5(a) of the California Penal Code, including the issuance of citations for violation of the provisions of the municipal code pursuant to Sections 853.5 and 853.6 of the California Penal Code. The zoning enforcement officer and the chief building official shall be two of those employees so authorized. (Prior code § 1255).
The police chief and such other persons the police chief shall designate as enforcing officers, including but not limited to Community Service Officers, shall also be employees so authorized.
SECTION 3. Chapter 9.60 of the San Luis Obispo Municipal Code is hereby added and adopted into Title 9 of the Municipal Code related to Public Peace, Morals, and Welfare to read as follows:
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Ordinance No. (2023 Series) Page 4
9.60. Enforcement
All adopted ordinances under this Chapter the violation of which are an infraction or a misdemeanor, shall be administered and enforced by the police chief or such other persons as they shall designate as enforcing officers, including but not limited to Community Service Officers.
SECTION 3. Section 10.08.070 of the San Luis Obispo Municipal Code is hereby amended to read as follows:
10.08.070. Enforcement
All adopted state and city parking ordinances shall be administered and enforced by the police chief, the fire chief, and the director of the public works department of the city, or such other persons as they shall designate as enforcing officers, including but not limited to Community Service Officers.
SECTION 4. Section 10.68.020, subdivision A, of the San Luis Obispo Municipal Code is hereby amended to read as follows and the remainder of Section 10.68.020 to remain unchanged:
Section 10.68.020, subdivision A
A. “Code enforcement officer” means and includes, for the purposes of this chapter only, Community Service Officers as designated by the chief of police, as well as code enforcement officers regularly employed or designated in that capacity by the city.
SECTION 5. Sections 1.16.060 and 10.08.070, and subsection 10.68.020.A. of the Municipal Code are hereby amended and superseded to the extent inconsistent herewith.
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Ordinance No. (2023 Series) Page 5
SECTION 6. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in The New Times, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage.
INTRODUCED on the ____ day of ________, 2023, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the _____ day of _______, 2023, on the following vote:
AYES:
NOES:
ABSENT:
_____________________________
Mayor Erica A. Stewart
ATTEST:
_________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
__________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on _____________________. _____________________________
Teresa Purrington
City Clerk
State of California
PENAL CODE
Section 836.5
836.5. (a) A public officer or employee, when authorized by ordinance, may arrest a person without a warrant whenever the officer or employee has reasonable cause to believe that the person to be arrested has committed a misdemeanor in the presence of the officer or employee that is a violation of a statute or ordinance that the officer or employee has the duty to enforce.
(b) There shall be no civil liability on the part of, and no cause of action shall arise against, any public officer or employee acting pursuant to subdivision (a) and within the scope of his or her authority for false arrest or false imprisonment arising out of any arrest that is lawful or that the public officer or employee, at the time of the arrest, had reasonable cause to believe was lawful. No officer or employee shall be deemed an aggressor or lose his or her right to self-defense by the use of reasonable force to effect the arrest, prevent escape, or overcome resistance. (c) In any case in which a person is arrested pursuant to subdivision (a) and the person arrested does not demand to be taken before a magistrate, the public officer or employee making the arrest shall prepare a written notice to appear and release the person on his or her promise to appear, as prescribed by Chapter 5C (commencing with Section 853.5). The provisions of that chapter shall thereafter apply with reference to any proceeding based upon the issuance of a written notice to appear pursuant to this authority.
(d) The governing body of a local agency, by ordinance, may authorize its officers and employees who have the duty to enforce a statute or ordinance to arrest persons for violations of the statute or ordinance as provided in subdivision (a). (e) For purposes of this section, “ordinance” includes an order, rule, or regulation of any air pollution control district.
(f) For purposes of this section, a “public officer or employee” includes an officer or employee of a nonprofit transit corporation wholly owned by a local agency and formed to carry out the purposes of the local agency.
(Amended by Stats. 1997, Ch. 324, Sec. 3. Effective January 1, 1998.)
STATE OF CALIFORNIA
AUTHENTICATED
ELECTRONIC LEGAL MATERIAL
State of California
PENAL CODE
Section 853.3
853.3. (a) Pursuant to the authority vested in this state by Section 112 of Title 4 of the United States Code, the Legislature of the State of California hereby ratifies the California-Nevada Compact for Jurisdiction on Interstate Waters as set forth in Section 853.4.
(b) The Legislature finds that law enforcement has been impaired in sections of Lake Tahoe and Topaz Lake forming an interstate boundary between California and Nevada because of difficulty in determining precisely where a criminal act was committed.
(c) The Legislature intends that a person arrested for an act that is illegal in both states should not be freed merely because neither state could establish that a crime was committed within its boundaries.
(d) The California-Nevada Compact for Jurisdiction on Interstate Waters is enacted to provide for the enforcement of the laws of this state with regard to certain acts committed on Lake Tahoe or Topaz Lake, on either side of the boundary line between California and Nevada.
(Added by Stats. 1995, Ch. 526, Sec. 5. Effective January 1, 1996.)
STATE OF CALIFORNIA
AUTHENTICATED
ELECTRONIC LEGAL MATERIAL
State of California
PENAL CODE
Section 853.6
853.6. (a) (1) When a person is arrested for an offense declared to be a misdemeanor, including a violation of a city or county ordinance, and does not demand to be taken before a magistrate, that person shall, instead of being taken before a magistrate, be released according to the procedures set forth by this chapter, although nothing prevents an officer from first booking an arrestee pursuant to subdivision (g). If the person is released, the officer or the officer’s superior shall prepare in duplicate a written notice to appear in court, containing the name and address of the person, the offense charged, and the time when, and place where, the person shall appear in court. If, pursuant to subdivision (i), the person is not released prior to being booked and the officer in charge of the booking or the officer’s superior determines that the person should be released, the officer or the officer’s superior shall prepare a written notice to appear in a court.
(2) When a person is arrested for a misdemeanor violation of a protective court order involving domestic violence, as defined in Section 13700, or arrested pursuant to a policy, as described in Section 13701, the person shall be taken before a magistrate instead of being released according to the procedures set forth in this chapter, unless the arresting officer determines that there is not a reasonable likelihood that the offense will continue or resume or that the safety of persons or property would be imminently endangered by release of the person arrested. Prior to adopting these provisions, each city, county, or city and county shall develop a protocol to assist officers to determine when arrest and release is appropriate, rather than taking the arrested person before a magistrate. The county shall establish a committee to develop the protocol, consisting of, at a minimum, the police chief or county sheriff within the jurisdiction, the district attorney, county counsel, city attorney, representatives from domestic violence shelters, domestic violence councils, and other relevant community agencies. (3) This subdivision does not apply to the crimes specified in Section 1270.1, including crimes defined in each of the following:
(A) Paragraph (1) of subdivision (e) of Section 243.
(B) Section 273.5.
(C) Section 273.6, if the detained person made threats to kill or harm, has engaged in violence against, or has gone to the residence or workplace of, the protected party. (D) Section 646.9.
(4) This subdivision shall not affect a defendant’s ability to be released on bail or on their own recognizance, except as specified in Section 1270.1.
STATE OF CALIFORNIA
AUTHENTICATED
ELECTRONIC LEGAL MATERIAL
(b) Unless waived by the person, the time specified in the notice to appear shall be at least 10 days after arrest if the duplicate notice is to be filed by the officer with the magistrate.
(c) The place specified in the notice shall be the court of the magistrate before whom the person would be taken if the requirement of taking an arrested person before a magistrate were complied with, or shall be an officer authorized by that court to receive a deposit of bail.
(d) The officer shall deliver one copy of the notice to appear to the arrested person, and the arrested person, in order to secure release, shall give their written promise to appear in court as specified in the notice by signing the duplicate notice, which shall be retained by the officer, and the officer may require the arrested person, if the arrested person has no satisfactory identification, to place a right thumbprint, or a left thumbprint or fingerprint if the person has a missing or disfigured right thumb, on the notice to appear. Except for law enforcement purposes relating to the identity of the arrestee, a person or entity shall not sell, give away, allow the distribution of, include in a database, or create a database with, this print. Upon the signing of the duplicate notice, the arresting officer shall immediately release the person arrested from custody.
(e) The officer shall, as soon as practicable, file the duplicate notice, as follows:
(1) It shall be filed with the magistrate if the offense charged is an infraction. (2) It shall be filed with the magistrate if the prosecuting attorney has previously directed the officer to do so.
(3) (A) The duplicate notice and underlying police reports in support of the charge or charges shall be filed with the prosecuting attorney in cases other than those specified in paragraphs (1) and (2).
(B) If the duplicate notice is filed with the prosecuting attorney, the prosecuting attorney, within their discretion, may initiate prosecution by filing the notice or a formal complaint with the magistrate specified in the duplicate notice within 25 days from the time of arrest. If the prosecution is not to be initiated, the prosecutor shall send notice to the person arrested at the address on the notice to appear. The failure by the prosecutor to file the notice or formal complaint within 25 days of the time of the arrest shall not bar further prosecution of the misdemeanor charged in the notice to appear. However, any further prosecution shall be preceded by a new and separate citation or an arrest warrant.
(C) Upon the filing of the notice with the magistrate by the officer, or the filing of the notice or formal complaint by the prosecutor, the magistrate may fix the amount of bail that in the magistrate’s judgment, in accordance with Section 1275, is reasonable and sufficient for the appearance of the defendant and shall endorse upon the notice a statement signed by the magistrate in the form set forth in Section 815a. The defendant may, prior to the date upon which the defendant promised to appear in court, deposit with the magistrate the amount of bail set by the magistrate. At the time the case is called for arraignment before the magistrate, if the defendant does not appear, either in person or by counsel, the magistrate may declare the bail forfeited, and may, in the magistrate’s discretion, order that further proceedings shall not be
had in the case, unless the defendant has been charged with a violation of Section 374.3 or 374.7 of this code or of Section 11357, 11360, or 13002 of the Health and Safety Code, or a violation punishable under Section 5008.7 of the Public Resources Code, and the defendant has previously been convicted of a violation of that section or a violation that is punishable under that section, except when the magistrate finds that undue hardship will be imposed upon the defendant by requiring the defendant to appear, the magistrate may declare the bail forfeited and order that further proceedings not be had in the case.
(D) Upon the making of the order that further proceedings not be had, all sums deposited as bail shall immediately be paid into the county treasury for distribution pursuant to Section 1463.
(f) A warrant shall not be issued for the arrest of a person who has given a written promise to appear in court, unless and until the person has violated that promise or has failed to deposit bail, to appear for arraignment, trial, or judgment, or to comply with the terms and provisions of the judgment, as required by law. (g) The officer may book the arrested person at the scene or at the arresting agency prior to release or indicate on the citation that the arrested person shall appear at the arresting agency to be booked or indicate on the citation that the arrested person shall appear at the arresting agency to be fingerprinted prior to the date the arrested person appears in court. If it is indicated on the citation that the arrested person shall be booked or fingerprinted prior to the date of the person’s court appearance, the arresting agency, at the time of booking or fingerprinting, shall provide the arrested person with verification of the booking or fingerprinting by making an entry on the citation.
If it is indicated on the citation that the arrested person is to be booked or fingerprinted, the magistrate, judge, or court shall, before the proceedings begin, order the defendant to provide verification that the defendant was booked or fingerprinted by the arresting agency. If the defendant cannot produce the verification, the magistrate, judge, or court shall require that the defendant be booked or fingerprinted by the arresting agency before the next court appearance, and that the defendant provide the verification at the next court appearance unless both parties stipulate that booking or fingerprinting is not necessary.
(h) A peace officer shall use the written notice to appear procedure set forth in this section for any misdemeanor offense in which the officer has arrested a person without a warrant pursuant to Section 836 or in which the officer has taken custody of a person pursuant to Section 847.
(i) When a person is arrested by a peace officer for a misdemeanor, that person shall be released according to the procedures set forth in this chapter unless one of the following is a reason for nonrelease, in which case the arresting officer may release the person, except as provided in subdivision (a), or the arresting officer shall indicate, on a form to be established by the officer’s employing law enforcement agency, which of the following was a reason for the nonrelease:
(1) The person arrested was so intoxicated that they could have been a danger to themselves or to others.
(2) The person arrested required medical examination or medical care or was otherwise unable to care for their own safety.
(3) The person was arrested under one or more of the circumstances listed in Sections 40302 and 40303 of the Vehicle Code.
(4) There were one or more outstanding arrest warrants for the person. (5) The person could not provide satisfactory evidence of personal identification. (6) The prosecution of the offense or offenses for which the person was arrested, or the prosecution of any other offense or offenses, would be jeopardized by immediate release of the person arrested.
(7) There was a reasonable likelihood that the offense or offenses would continue or resume, or that the safety of persons or property would be imminently endangered by release of the person arrested.
(8) The person arrested demanded to be taken before a magistrate or refused to sign the notice to appear.
(9) There is reason to believe that the person would not appear at the time and place specified in the notice. The basis for this determination shall be specifically stated.
(10) (A) The person was subject to Section 1270.1.
(B) The form shall be filed with the arresting agency as soon as practicable and shall be made available to any party having custody of the arrested person, subsequent to the arresting officer, and to any person authorized by law to release the arrested person from custody before trial.
(11) The person has been cited, arrested, or convicted for misdemeanor or felony theft from a store in the previous six months.
(12) There is probable cause to believe that the person arrested is guilty of committing organized retail theft, as defined in subdivision (a) of Section 490.4. (j) (1) Once the arresting officer has prepared the written notice to appear and has delivered a copy to the person arrested, the officer shall deliver the remaining original and all copies as provided by subdivision (e).
(2) Any person, including the arresting officer and any member of the officer’s department or agency, or any peace officer, who alters, conceals, modifies, nullifies, or destroys, or causes to be altered, concealed, modified, nullified, or destroyed, the face side of the remaining original or a copy of a citation that was retained by the officer, for any reason, before it is filed with the magistrate or with a person authorized by the magistrate to receive deposit of bail, is guilty of a misdemeanor. (3) If, after an arrested person has signed and received a copy of a notice to appear, the arresting officer determines that, in the interest of justice, the citation or notice should be dismissed, the arresting agency may recommend, in writing, to the magistrate that the charges be dismissed. The recommendation shall cite the reasons for the recommendation and shall be filed with the court.
(4) If the magistrate makes a finding that there are grounds for dismissal, the finding shall be entered in the record and the charges dismissed. (5) A personal relationship with any officer, public official, or law enforcement agency shall not be grounds for dismissal.
(k) (1) A person contesting a charge by claiming under penalty of perjury not to be the person issued the notice to appear may choose to submit a right thumbprint, or a left thumbprint if the person has a missing or disfigured right thumb, to the issuing court through the person’s local law enforcement agency for comparison with the one placed on the notice to appear. A local law enforcement agency providing this service may charge the requester no more than the actual costs. The issuing court may refer the thumbprint submitted and the notice to appear to the prosecuting attorney for comparison of the thumbprints. When there is no thumbprint or fingerprint on the notice to appear, or when the comparison of thumbprints is inconclusive, the court shall refer the notice to appear or copy thereof back to the issuing agency for further investigation, unless the court finds that referral is not in the interest of justice. (2) Upon initiation of the investigation or comparison process by referral of the court, the court shall continue the case and the speedy trial period shall be tolled for 45 days.
(3) Upon receipt of the issuing agency’s or prosecuting attorney’s response, the court may make a finding of factual innocence pursuant to Section 530.6 if the court determines that there is insufficient evidence that the person cited is the person charged and shall immediately notify the Department of Motor Vehicles of its determination.
If the Department of Motor Vehicles determines the citation or citations in question formed the basis of a suspension or revocation of the person’s driving privilege, the department shall immediately set aside the action.
(4) If the prosecuting attorney or issuing agency fails to respond to a court referral within 45 days, the court shall make a finding of factual innocence pursuant to Section 530.6, unless the court finds that a finding of factual innocence is not in the interest of justice.
(5) The citation or notice to appear may be held by the prosecuting attorney or issuing agency for future adjudication should the arrestee who received the citation or notice to appear be found.
(l) For purposes of this section, the term “arresting agency” includes any other agency designated by the arresting agency to provide booking or fingerprinting services.
(m) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
(Amended by Stats. 2022, Ch. 856, Sec. 1. (AB 2294) Effective September 30, 2022. Repealed as of January 1, 2026, by its own provisions. See later operative version as added by Sec. 2 of Stats. 2022, Ch. 856.)
The San Luis Obispo Municipal Code is current through Ordinance 1722, passed November 1, 2022.
Disclaimer: The City Clerk's Office has the official version of the San Luis Obispo Municipal Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above.
City Website: www.slocity.org
City Telephone: (805) 781-7100
Code Publishing Company
1.16.060 Code enforcement officer designation authority.
The city administrative officer is empowered to designate public officers or employees of the city to exercise the powers authorized by Section 836.5(a) of the California Penal Code, including the issuance of citations for violation of the provisions of the municipal code pursuant to Sections 853.5 and 853.6 of the California Penal Code. The zoning enforcement officer and the chief building official shall be two of those employees so authorized. (Prior code § 1255)
1.16.060 Code enforcement officer designation authority | San Luis Obispo Municipal Code Page 1 of 1 The San Luis Obispo Municipal Code is current through Ordinance 1722, passed November 1, 2022.
The San Luis Obispo Municipal Code is current through Ordinance 1722, passed November 1, 2022.
Disclaimer: The City Clerk's Office has the official version of the San Luis Obispo Municipal Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above.
City Website: www.slocity.org
City Telephone: (805) 781-7100
Code Publishing Company
10.08.070 Enforcement.
All adopted state and city parking ordinances shall be administered and enforced by the police chief, the fire chief, and the director of public works department of the city, or such other persons as they shall designate as enforcing officers. (Ord. 1331 § 1, 1998)
10.08.070 Enforcement | San Luis Obispo Municipal Code Page 1 of 1 The San Luis Obispo Municipal Code is current through Ordinance 1722, passed November 1, 2022.
The San Luis Obispo Municipal Code is current through Ordinance 1722, passed November 1, 2022.
Disclaimer: The City Clerk's Office has the official version of the San Luis Obispo Municipal Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above.
City Website: www.slocity.org
City Telephone: (805) 781-7100
Code Publishing Company
10.68.020 Definitions.
As used in this chapter, the following terms shall have the meanings ascribed to them:
A. “Code enforcement officer” means and includes, for the purposes of this chapter only, field services technicians as designated by the chief of police, as well as code enforcement officers regularly employed or designated in that capacity by the city.
B. “Highway” means a way or place of whatever nature, publicly maintained and opened to the use of the public for purposes of vehicular travel. Highway includes streets.
C. “Owner of the land” means the owner of the land on which the vehicle or parts thereof is located as shown on the last equalized assessment roll.
D. “Owner of the vehicle” means the last registered owner and legal owner of record.
E. “Public property” means any property owned by a public agency, but does not include highways.
F. “Vehicle” means a device by which any person or property may be propelled, moved or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks, including, but not limited to, autos, trucks, buses, motorcycles, trailers and mobile homes. (Prior code § 3218.1)
10.68.020 Definitions | San Luis Obispo Municipal Code Page 1 of 1 The San Luis Obispo Municipal Code is current through Ordinance 1722, passed November 1, 2022.
Item 7b
Department: Community Development
Cost Center: 4003
For Agenda of: 3/7/2023
Placement: Public Hearing
Estimated Time: 60 Minutes
FROM: Michael Codron, Community Development Director
Prepared By: Alex Fuchs, Cannabis Business Coordinator
SUBJECT: INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 9.10 AND CHAPTER 17.86 OF THE MUNICIPAL CODE MODIFYING SPECIFIC
RULES FOR CANNABIS RETAIL STOREFRONT OPERATIONS
RECOMMENDATION
1. Receive an update on the City’s Cannabis Business Program; and
2. Introduce an Ordinance entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Chapter 17.86 (Regulations for Specific Land Uses and Activities) and Chapter 9.10 (Cannabis Regulations) of the Municipal Code modifying specific rules for commercial cannabis business retail storefront operations.”
POLICY CONTEXT
At the direction of Council, staff returns annually with an update to the Cannabis Business Program including recommendations for improvements based on operational and administrative experiences.
At the last annual update in October 2022, Council directed staff to further evaluate and return with recommendations addressing requests to modify specific cannabis retail storefront operational rules. The requests include expanding retail storefront hours of operations, allowing retail storefronts to also engage in cannabis delivery, and allowing medical cannabis users aged 18-20 to access retail storefronts.
Staff completed an evaluation and developed proposed amendments to Chapter 17.86 and Chapter 9.10 of the Municipal Code addressing Council’s direction as detailed in a draft Ordinance included with this report as Attachment A.
REPORT-IN-BRIEF
City Council directed staff to return annually with an update on the City’s Cannabis Business Program. The annual update is an opportunity for staff to recommend policy and regulatory changes to improve the commercial cannabis application and operational processes.
Item 7b
It is also an opportunity for existing cannabis businesses to request changes based on their operational experiences. This report presents, for Council’s consideration, 1) a review of operator permit changes; 2) cannabis tax and permit fee revenue forecast update; 3) recommendations to modify the requirements for retail storefront operations described above; and 4) a discussion of future program updates.
DISCUSSION
Cannabis Business Program Update
Since the last update in October 2022, several significant changes to the program have occurred. On February 2, 2023, the Superior Court of San Luis Obispo County held a hearing for the Natural Healing Center (NHC) SLO, LLC v. City of San Luis Obispo case regarding the City’s decision to revoke NHC’s operator permit in October 2021 following felony criminal charges brought against the former owner, Helios Dayspring. The Court ruled in favor of the City, rejecting NHC’s amended complaint that the City’s revocation of the permit was unreasonable and baseless.
The Court’s decision was the final ruling on the case and represents the conclusion of a major chapter for the City and for the Cannabis Business Program. The City Manager has the authority, under Municipal Code section 9.10.070, to open a new application period outside of the annual application period that occurs throughout July of each year. With the conclusion of the NHC case, the City Manager can approve the opening of a new application period to fill the third retail storefront permit. Council will be notified in advance of a new application period. The City Manager intends to open up the application period to fill the third retail storefront permit this summer.
Cannabis Operator Permit Changes
At the last update, staff presented that Pure SL, LLC (Pure SL), which was issued an operator permit for non-storefront delivery in May 2021, was awaiting their final building permit. A final building permit was issued in December and Pure SL has since commenced operation of their cannabis delivery service. Pure SL also submitted an external minority Transfer of Ownership request to the City in October 2022.
Pure SL is requesting a 49% ownership transfer to 7 Points Group, LLC (7 Points) based out of Woodlake, California. 7 Points incorporated in 2018 and is currently licensed by the state to operate cannabis cultivation, delivery, and distribution services. The transfer request is being processed in accordance with the adopted administrative regulations and a determination is anticipated to occur by the end of March 2023.
In December 2022, Coastal Delivery, an existing non-storefront delivery operator, notified the City of their intent to close operations by the end of the calendar year. Coastal Delivery was issued an operator permit in September 2019 and opened for operation in fall 2021.
Table 1 shows the current permitted operators in the City and the status of their respective business as of February 2023.
Item 7b
Business Business Status
Retail Storefronts
1 Megan’s Organic Market Opened and operating in the City 2 SLOCAL Roots Opened and operating in the City
Non-Storefront Retail (Delivery)
3 Coastal Delivery Closed for operation
4 Pure SL Opened and operating in the City
Table 1. Permitted Operators in the City
Cannabis Tax and Permit Fee Revenue
Cannabis tax and permit fee revenue budgeted amounts for fiscal year 2022-23 were adjusted downward as part of the Mid-Year budget review. Cannabis tax revenue was adjusted down from $1.4 million to $1.1 million. Similarly, permit fee revenue was adjusted down from $210,000 to $177,000. The adjustments are based on a delayed opening in permit issuance for the third retail storefront permit and a subsequent delay in the opening of new non-retail storefront cannabis businesses. Figure 1 below shows the Cannabis tax revenue actuals and budgeted amounts for fiscal years 2019-20 through 2022-23. The actual revenue shown for fiscal year 2022-23 is through the end of December 2022 and is on track to meet the revised budgeted amount.
Figure 1. Cannabis Tax Revenue FY2020 through FY2023
FY2020 FY2021 FY2022 FY2023
Actual $96,367 $830,265 $997,719 $539,391
Revised Budget $64,000 $400,000 $1,000,000 $1,100,000
$0
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
Item 7b
Evaluation of Modifications to Retail Storefront Operations In October 2022, Council provided direction to staff to further evaluate changes to three specific retail storefront operational rules and return with recommendations for their consideration. The requested changes include: 1) extending hours of operation; 2) allowing medical cannabis users aged 18-20 to access storefronts; 3) and allowing storefronts to also provide delivery service. As part of the evaluation, staff conducted outreach to the community, reviewed retail storefront rules from comparative agencies, and engaged a consulting firm in a financial analysis for the change in operational hours.
Extend Storefront Operating Hours
Existing storefront retailers are requesting an extension of the operating hours from 9:00 am - 8:00 pm to 7:00 am - 9:00 pm. A Comparative Agency Analysis of ten cities throughout California revealed that the City currently has the most restrictive retail storefront hours of operations of cities studied, as shown in Table 2 below. The requested change in operating hours is within the City’s authority since the State of California allows all permitted cannabis businesses to operate between 6:00 am – 10:00 pm, daily.
Extending the retail storefront operating hours increases access to cannabis and cannabis products for recreational users and allows operators to better serve the community. Extending the operating hours may increase tax revenue to the City, but will primarily serve customer convenience. HdL Companies (HdL), a cannabis consulting firm contracted by the City, analyzed sales information from the two existing retail storefront operators and concluded that they could not predict if the change would increase sales.
HdL determined that an increase in sales would only result if the change in hours captures sales lost to cannabis delivery services, unlicensed cannabis sales, or sales that would not otherwise occur but for the change in hours of operation.
Allow Medical Cannabis Users Aged 18-20 to Access Storefronts The City’s regulations allow medical cannabis users aged 18-20 to access cannabis products only through delivery services. Storefront retailers have requested the City allow medical cannabis users aged 18-20 to access storefronts. The requested change is within the City’s authority since the State of California allows adults aged 21+ and medical cannabis users aged 18+ with a valid physician’s recommendation to purchase cannabis in retail storefronts provided the retailer has the appropriate state license. Both Megan’s Organic Market and SLOCAL Roots possess state retail licenses with an “A” and “M” designation allowing them to sell cannabis products to both adults 21 and older as well as medical users 18 and older.
The City is the only agency of those studied in the Comparative Agency Analysis that does not allow medical users aged 18-20 to access storefronts (see Table 2.) The City’s current regulations restrict the ability of patients aged 18-20 to obtain medicinal cannabis from businesses within the City that may be deemed necessary by a licensed physician.
If approved, retailers would need to demonstrate compliance with the Municipal Code amendments and be issued an amended operator permit before allowing 18–20-year-old medical cannabis users to access their storefront.
Item 7b
Allow Storefronts to Also Deliver
The City’s current regulations prohibit storefronts from also operating a delivery service in the City. Again, the requested change is within the City’s authority, since the State of California allows a business to conduct both types of operations under the Type 10 license issued to cannabis retailers. The City is the only agency of those studied in the Comparative Agency Analysis that does not allow retail storefronts to also deliver (see Table 2.) If approved by Council, the application materials for the Cannabis Business Program would be updated to explicitly allow retail storefront operators to engage in delivery services. Staff will also create a process to allow existing retail storefronts to apply for and receive approval to deliver from their existing locations. Approval and issuance of an amended operator permit would be dependent upon meeting the City’s zoning and regulatory requirements for delivery operations.
Alternatively, existing operators may opt to open delivery-specific locations in the City under a separate operating permit which would increase one-time application fee revenue and on-going permit renewal fees. Application fees are $26,699 and permit renewal fees are $44,310 for the 2022-23 fiscal year. Fees are listed in the City’s Comprehensive Fee Schedule and subject to annual adjustments based on the Consumer Price Index (CPI).
Comparative Agency Analysis
Staff reviewed the cannabis regulations for nine other cities used in the past to compare and recommend changes to the City’s Cannabis Business Program. Of the nine other agencies, the City has the most restrictive hours of operation, is the only city that does not allow 18-20 medical cannabis users to access storefronts, and is the only city that does not allow storefronts to also deliver.
Table 2. Comparison of Retail Storefront Operational Policies
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Previous Council and Planning Commission Actions
In October 2022, Council received an update on the City’s Cannabis Business Program and took the following actions:
1. Introduced an Ordinance amending the City’s Cannabis Regulations clarifying requirements for applying, obtaining, activating, and renewing commercial cannabis operator permits,
2. Adopted a Resolution updating the merit criteria used to evaluate retail storefront permit applications, and
3. Provided direction to staff to further evaluate and return at the next annual cannabis program update with recommendations addressing requests to modify specific cannabis retail storefront rules.
Staff evaluated the proposed changes based on Council’s direction and developed recommendations addressing specific rules for retail storefront operations. On February 8, 2023, staff presented to the Planning Commission the proposed amendments to Chapter 17.86 and Chapter 9.10 of the Municipal Code to modify certain rules for commercial cannabis retail storefront operations.
The proposed changes to the City’s Zoning Regulations fall under the purview of the Planning Commission. The Planning Commission reviewed1 and approved staff’s recommendation to adopt a Resolution recommending Council introduce and approve an Ordinance amending the Municipal Code to modify the retail storefront operational rules.
Attachment B is a link to the Planning Commission report and Attachment C is the draft minutes from the February 8th meeting.
Staff also presented a proposed expansion to the Cannabis Business Overlay Zones to include a recently annexed area east of the airport along Broad Street. However, staff has identified a second annexation area that is appropriate for inclusion in the Cannabis Business Overlay Zones and will bring both areas to Council at the same time for consideration. The second annexation area will be brought before the Planning Commission for review and approval prior to Council’s review.
Future Program Updates
Expansion of the Cannabis Business Overlay Zones
In September 2018, City Council approved the establishment of the Cannabis Business Overlay Zones (CBZ) consisting of seven separate designated areas where commercial cannabis activities may be permitted. The CBZ contains an appropriate mixture of zoning types for commercial cannabis activities; separation from sensitive land uses like schools, daycare facilities, and public parks; and properties fronting an arterial street required for retail storefront operations. Staff periodically evaluates areas of the City that may be suitable to permit commercial cannabis activities.
1 February 8, 2023 Planning Commission Meeting – Staff Report and Approved Minutes
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In March 2020, City Council approved the annexation of what is referred to in the Airport Area Specific Plan (AASP) as the East Airport Area. The East Airport Area is consistent with the criteria used to develop and establish the initial Cannabis Business Zones and represents an opportunity to provide more locations where cannabis activities may occur.
Staff presented the proposed CBZ expansion to the Planning Commission for their consideration at the February 8th meeting. However, staff identified a second area annexed by the City around the same time that is also appropriate for cannabis activities.
In November 2019, City Council approved the annexation of properties along Fiero Lane and Clarion Court west of Broad Street which is also located in the AASP. The Fiero Lane and Clarion Court annexation area meet the same criteria used in the establishment of the original CBZ areas and used to evaluate the East Airport Area but has not been reviewed by the Planning Commission. Staff intends to present the second annexation area to the Planning Commission then return to Council in fall 2023 with a recommendation to expand the CBZ to include both annexed areas.
New Application Period for the 3rd Retail Storefront Permit As mentioned in the Cannabis Business Program Update section of this report, the City Manager has the authority as provided by Municipal Code section 9.10.070 to establish a new application period. The final ruling on the NHC case represents an opportunity for the City Manager to open a new period to receive applications for the 3rd retail storefront permit. The issuance of the 3rd permit has been on hold since the revocation of NHC’s permit in 2021. The Cannabis Steering Committee will convene after this Council meeting and make a recommendation to the City Manager for an appropriate time to open for retail storefront applications. Council will be notified prior to the opening of a new application period which is expected to be this Summer.
Public Engagement
Consistent with the City’s Public Engagement and Noticing Manual, staff conducted outreach to Cal Poly, Cal Poly’s Associated Students, Inc. (ASI), Cuesta College, and existing cannabis operators. As a public institution, Cal Poly will not be taking a position on the proposed changes. Similarly, ASI also stated they will not take an official position.
Staff did not receive a response back from Cuesta College. The existing retail storefront operators are supportive of the requested changes and are interested in continuing their operations within the City.
Postcard notifications were sent out to all property owners and tenants within 300 feet of the existing retail storefront businesses in advance of the Planning Commission meeting on February 8, 2023, and in advance of tonight’s meeting in accordance with public noticing requirements. Public comment on the item was also received during the Planning Commission meeting.
Item 7b
CONCURRENCE
The Cannabis Steering Committee comprised of representatives from the City Attorney’s office, Police Department, Finance Department, Community Development Department, and City Administration met to review and deliberate the proposed changes. The Cannabis Steering Committee support the recommended changes to the Cannabis Business Program discussed in this report.
ENVIRONMENTAL REVIEW
The recommended actions were reviewed in accordance with the California Environmental Quality Act (CEQA) Guidelines. The recommended actions are determined to be exempt from environmental review pursuant to the General Rule under CEQA Guidelines Section 15061(b)(3), which exempts activities that can be seen with certainty to have no possibility for causing a significant effect on the environment.
The proposed amendments to Chapter 17.86 and Chapter 9.10 of the Municipal Code constitute minor modifications to the rules governing commercial cannabis business retail storefront operations and do not have a significant effect on the environment. Project specific environmental review will be required for any new commercial cannabis operation. Any new or existing retailer applying for a delivery permit would be required to comply with all applicable state and local law, including a showing of CEQA compliance or exemption.
FISCAL IMPACT
Budgeted: N/A Budget Year: 2022-23
Funding Identified: Yes
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current Funding
Request
Remaining
Balance
Annual
Ongoing Cost
General Fund $ N/A $ $ $
State
Federal
Fees
Other:
Total $ N/A $ $ $
HdL Companies (HdL), a cannabis consulting firm contracted by the City, analyzed sales information from the two existing retail storefront operators and compared it against other storefront operations with similar hours to those proposed. HdL concluded that the changes may increase sales and revenue to the City, but the increase depends on a number of factors and cannot be quantified at this time. Staff is not recommending an adjustment to the cannabis tax revenue budget at this time because it is not known if or when the operators will request or be approved for the change in operational hours. Once the changes go into effect, staff will continue to monitor and evaluate and will recommend budget adjustments, including staff resources, that may be warranted.
Item 7b
ALTERNATIVES
Council could decide not to introduce the Ordinance. This is not recommended because the proposed retail storefront operational changes are within the City’s authority to implement and are consistent with policies established by comparative agencies.
ATTACHMENTS
A - Draft Ordinance amending Chapter 17.86 and Chapter 9.10 for Cannabis Retail Storefront Operations
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ORDINANCE NO. _____ (2023 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AMENDING CHAPTER 17.86 (REGULATIONS FOR SPECIFIC LAND USES AND ACTIVITIES) AND CHAPTER 9.10 (CANNABIS REGULATIONS) OF THE MUNICIPAL CODE MODIFYING
SPECIFIC RULES FOR COMMERCIAL CANNABIS BUSINESS RETAIL
STOREFRONT OPERATIONS
WHEREAS, on May 1, 2018, the City Council of the City of San Luis Obispo adopted regulations allowing for the operation of commercial cannabis businesses and personal cultivation in the City; and
WHEREAS, Municipal Code Chapter 17.86 and Chapter 9.10 establishes the hours of operations and the age restrictions for access to commercial cannabis retail storefronts operating in the City; and
WHEREAS, the City currently has two permitted commercial cannabis retail storefronts operating in the City; and
WHEREAS, the permitted commercial cannabis retail storefronts requested the City expand the hours of operations from 9:00 a.m. and 8:00 p.m., daily to 7:00 a.m. and 9:00 p.m., daily; and to allow individuals 18 to 20 years of age who have a valid physician’s recommendation for medicinal cannabis to access retail storefronts; and WHEREAS, on October 18, 2022, City Council directed staff to further evaluate and return with recommendations addressing requests to modify the regulations for hours of operations and access restrictions for medicinal cannabis customers 18 to 20 years of age; and
WHEREAS, the State of California’s Department of Cannabis Control’s Code of Regulations allows licensed cannabis retailers and delivery businesses to operate between the hours of 6:00 a.m. and 10:00 p.m. and allows licensed cannabis retailers who possess either an M-designation license or and A- and M-designation license to sell medicinal cannabis goods to individuals who are at least 18 years of age and who possess a valid physician’s recommendation; and
WHEREAS, City staff conducted extensive public outreach for the requested changes submitted by the permitted commercial cannabis retail storefronts; and WHEREAS, consistent with State of California regulations and the feedback collected during the public outreach component of the requested changes evaluation, the City desires to continue to support existing and future commercial cannabis retail storefront operations by amending Chapter 17.86 and Chapter 9.10 of the Municipal Code; and
Ordinance No. _____ (2023 Series) Page 2
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WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on February 8, 2023, for the purpose of considering updates to the City’s commercial cannabis program including amending Chapter 17.86 and Chapter 9.10 of the Municipal Code for retail storefront operations and making recommendations to the City Council regarding such amendments.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. Based upon all the evidence presented, the Council makes the following findings.
1. The proposed amendments to Chapter 17.86 and Chapter 9.10 are consistent with State of California’s Department of Cannabis Control regulations.
2. The proposed amendments establish reasonable regulations for the operation of commercial cannabis retail storefront businesses in the City.
3. The proposed amendments continue to promote the public health, safety, and welfare of the City as they relate to commercial cannabis business operations.
4. The City requires discretionary review and approval of permits, licenses, and other authorizations to engage in commercial cannabis activity. Such review and approval include applicable environmental review.
SECTION 2. Section 17.86.080 (E)(5)(f), Commercial Cannabis Development Standards, of the San Luis Obispo Municipal Code is hereby amended as follows:
f. The use permit to be issued under this chapter shall include, but is not limited to, the following conditions:
i. The obtaining and maintaining of the commercial cannabis operator permit and appropriate state license.
ii. Payment of all applicable current and future state and local taxes and all applicable commercial cannabis fees and related penalties established by the city council, including but not limited to application, administrative review, inspection, etc.
iii. The commercial cannabis operator permit or a controlling interest in the permit may not be assigned, transferred or bequeathed, by operation of law or otherwise, unless permitted as described in Chapter 9.10, and the permit shall terminate automatically on such event.
Ordinance No. _____ (2023 Series) Page 3
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iv. Any commercial cannabis operator permit issued pursuant to this chapter and Chapter 9.10 expires after one year, unless renewed. v. Prohibition of on-site consumption of cannabis at: (A) at a commercial cannabis business or commercial cannabis activity location; (B) any other business, club or cooperative or event, regardless if open to the public or only to members; and (C) anywhere an entry or other fee is charged to attendees or the host or thing of value or consideration is received or exchanged.
vi. Prohibition of the possession, storage, sale, distribution or consumption of alcoholic beverages on the premises, or the holding of license from the State Division of Alcoholic Beverage Control for the sale of alcoholic beverages, or operating a business that sells alcoholic beverages on or adjacent to the commercial cannabis activity site.
vii. No cannabis products or cannabis accessories may be displayed in windows or visible from the public right-of-way or from places accessible to the general public.
viii. Prohibition of minors and persons under the age of twenty-one on the premises, even if accompanied by a parent or guardian, unless the person is at least eighteen years of age and is also in possession of a valid physician’s recommendation for medical cannabis.
ix. Outdoor storage of cannabis or cannabis products is prohibited.
SECTION 3. Section 17.86.080 (E)(10), Retail—Storefront, of the San Luis Obispo Municipal Code is hereby amended as follows:
10. Retail - Storefront.
a. Commercial cannabis storefront retail may be conditionally permitted, subject to the requirements of this section and the obtaining and maintaining of a commercial cannabis operator permit, and the appropriate state license, in the following zones:
i. Retail commercial (C-R);
ii. Service commercial (C-S);
b. Development Standards.
i. Compliance with subsection (E)(5) of this section, Commercial Cannabis Development Standards.
Ordinance No. _____ (2023 Series) Page 4
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ii. Only three retail storefronts, which must front arterial streets, will be allowed within the city. Selection of the retail commercial cannabis operator will be selected from qualified commercial cannabis operators as set forth in Chapter 9.10, Cannabis Regulations. One of the retail storefronts shall have a medicinal license and may also have an adult use license. iii. Retail storefronts shall be located at least one thousand feet from any preschool, elementary school, junior high school, high school, public park or playground, six hundred feet from any licensed day care center, and three hundred feet from any residentially zoned area. Youth centers do not require a buffer. Distance shall be measured from the nearest point of the property line to the nearest point of the property line of the enumerated use using a direct straight-line measurement.
iv. Retail storefronts must be separated from each other by at least one thousand feet.
v. Hours of operation shall be limited between nine seven a.m. to eight nine p.m.
vi. Retail storefronts that possess a valid State of California cannabis retailer license with an A-designation mMust include a sign at each entrance of a retail storefront that prohibits persons under twenty-one years of age from entering. Retail storefronts that possess a valid State of California cannabis retailer license with an M-designation or both an A-designation and an M-designation must include a sign at each entrance of the retail storefront that prohibits persons under twenty-one years of age from entering unless the person is at least eighteen years of age and is also in possession of a valid physician’s recommendation for medical cannabis.
SECTION 4. Section 9.10.230, Minors, of the San Luis Obispo Municipal Code is hereby amended as follows:
A. Minors shall not be allowed on the premises of a commercial cannabis business having either an “A” or “M” license, or both, even if accompanied by a parent or guardian.
B. No person under twenty-one years of age shall be allowed on the premises of a commercial cannabis business having either an “A” or “M” license only or both.
C. No person under twenty-one years of age shall be allowed on the premises of a commercial cannabis business having either an “M” license or both an “A” and “M” license unless the person is at least eighteen years of age and possesses a valid physician’s recommendation for medical cannabis.
Ordinance No. _____ (2023 Series) Page 5
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C. D. Every entrance to an “A” or “M” licensed commercial cannabis business shall be clearly and legibly posted with the following notice: “ENTRY ONTO THESE PREMISES BY PERSONS UNDER 21 YEARS OF AGE IS PROHIBITED BY LAW. VALID PHOTO ID REQUIRED.” Each letter of the notice must be at least two inches high and clearly visible.
E. Every entrance to an “M” licensed or both an “A” and “M” licensed commercial cannabis business shall be clearly and legibly posted with the following notice:
“ENTRY ONTO THESE PREMISES BY PERSONS UNDER 21 YEARS OF AGE
IS PROBIHITED BY LAW UNLESS THE PERSON IS EIGHTEEN YEARS OF AGE OR OLDER AND POSSESSES A VALID PHYSICIAN’S
RECOMMENDAITON FOR MEDICAL CANNABIS. VALID PHOTO ID
REQUIRED.” Each letter of the notice must be at least two inches high and clearly visible.
D. F. No person, business, or other entity conducting a commercial cannabis activity with either an “A” or “M” state license shall employ any person who is not at least twenty-one years of age. (Ord. 1647 § 4 (Exh. A (part)), 2018) SECTION 5. Section 9.10.250 (C), Security and public safety measures, of the San Luis Obispo Municipal Code is hereby amended as follows:
C. Hours of Operation.
1. Retail Storefront. Retail storefront commercial cannabis business shall not operate between the hours of eight nine p.m. and nine seven a.m.
2. Retail Non-Storefront (Delivery Services). Retail non-storefront (delivery services) commercial cannabis business shall not operate between the hours of ten p.m. and six a.m.
3. Commercial Other than Retail. All commercial cannabis activity other than retail is prohibited between the hours of ten p.m. and seven a.m. (Ord. 1647 § 4 (Exh. A (part)), 2018)
SECTION 6. Environmental Review. The proposed amendments to Chapter 17.86 and Chapter 9.10 of the Municipal Code was reviewed in accordance with the California Environmental Quality Act (CEQA) Guidelines. The proposed amendments are determined to be exempt from environmental review pursuant to CEQA Guidelines Section 15061(b)(3), the General Rule exemption which exempts activities that can be seen with certainty to have no possibility for causing a significant effect on the environment. The proposed amendments constitute minor modifications to the rules governing commercial cannabis business retail storefront operations and do not have a significant effect on the environment. Any new retailer-applicant would be required to comply with all applicable state and local law, including a showing of CEQA compliance or exemption.
Ordinance No. _____ (2023 Series) Page 6
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SECTION 7. Action. The City Council hereby adopts an ordinance amending Chapter 17.86 and Chapter 9.10 of the Municipal Code modifying the hours of operations and access requirements for commercial cannabis retail storefronts.
SECTION 8. Ordinance Number 1647 (2018 Series) is hereby amended and superseded to the extent inconsistent herewith.
SECTION 9. Severability. If any subdivision, paragraph, sentence, clause, or phrase of this Ordinance is, for any reason, held to be invalid or unenforceable by a court of competent jurisdiction, such invalid or unenforceability shall not affect the validity or enforcement of the remaining provisions of this Ordinance, or any other provisions of the City’s rules and regulations. It is the City’s express intent that each remaining portion would have been adopted irrespective of the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid or unenforceable.
Ordinance No. _____ (2023 Series) Page 7
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SECTION 10. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in The New Times, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage.
INTRODUCED on the ___ day of ______ 2023, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the ____ day of ____, 2023, on the following vote:
AYES:
NOES:
ABSENT:
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Mayor Erica A. Stewart
ATTEST:
_______________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
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J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ___________________________
Teresa Purrington
City Clerk