CITY OF VISALIA
CITY COUNCIL
November 6, 2023
Item I: Ordinance No. 2023
-
13 • A request by the City of Visalia to add Chapter
5.66, amend Chapter 8.64, add Section
17.32.167, and amend 17.25.
• Proposed ordinance additions/amendments to
address state mandates under SB 1186.
• Staff recommends that the City Council hold a
public hearing and introduce the first reading
of Ordinance No. 2023-13.
Ordinance No. 2023-13
Zoning Text Amendment No. 2023-02:
On July 17, 2023, staff conducted a work
session with City Council on this subject and
gained authority to proceed with municipal code
updates to Title 5 Business Regulations, Title 8
Health and Safety, and Title 17 Zoning. This
zoning ordinance update is seeking to implement
reasonable zoning regulations in response to SB
1186.
JULY 17, 2023 CITY COUNCIL MEETING
SB 1186
The “Medicinal Cannabis Patients’ Right of
Access Act”
- Signed into CA law in late 2022
- Effective on January 1, 2024
- Prohibits local agencies from enforcing any
local regulations prohibiting the retail sale
by delivery of medicinal cannabis
- “Delivery only” retail businesses will be
permitted, subject to reasonable zoning
regulations for public health and safety,
within the City of Visalia
SB 1186 ORDINANCE IMPLICATIONS
1. Update Zoning Matrix in Chapter 17.25.
2. Add Section 17.32.167 to Special
Provisions chapter, to establish reasonable
zoning regulations for the new delivery
only medical marijuana retail use.
3. Modify Chapter 8.64 that broadly prohibit
all commercial cannabis activities.
4. Add Chapter 5.66 to establish business
regulations for this use.
• Title 5: Add Chapter 5.66 - “Regulations and
Requirements for Cannabis Businesses
Permitted to Operate Under California State
Law”.
• Title 8: amend Chapter 8.64 - “Public
Use/Consumption of Medical Marijuana”
• Title 17: amend Chapter 17.25 - Commercial,
Mixed Use, Office, and Industrial Zones Use
Matrix, and add Section 17.32.167 - Delivery
only medical marijuana retail
PROPOSED VMC UPDATES:
TITLE 5: BUSINESS REGULATIONS
Add Section 5.66 “Regulations & Requirements
for Cannabis Businesses Permitted to Operate
Under California State Law”.
• Under this new section, the following
standards under the purview of the Visalia
Police Department are required:
- Security plans and site plans required
- Closed to the public
- Delivery vehicles will be inspected by City and obtain an operating permit
- Background inspections of all owners and all drivers required - Odor control plans
TITLE 5: BUSINESS REGULATIONS
Additionally in new Section 5.66:
- Maintaining a valid M-license (medicinal
designation) and Type 9 license (non-
storefront retailer, delivery only)
- Entry into the premises by the general public
is prohibited
- Background checks required for all new
employees, managers, or owners, prior to
hiring
- Must meet all requirements stated in Chapter
8.64.055
TITLE 8: HEALTH AND SAFETY
Amend Chapter 8.64 “Public Use/Consumption
of Medical Marijuana”.
- Indicate what is permitted and what remains
prohibited within the City.
- Add Section 8.64.055 to address the delivery
only of medical marijuana retail specifically.
- Also clarifies deliveries of marijuana into
Visalia from sellers based in jurisdictions
that allows sales of marijuana are permitted.
TITLE 17: ZONING
Amend Zoning
Code matrix in
Chapter 17.25.
Staff recommends
permitting this use
by right in the
Light Industrial and
Industrial zones.
TITLE 17: ZONING
Add Section 17.32.167 to Special Provisions:
- Permitted in the I and I-L zones
- Cultivation not permitted onsite
- Parking for all employees & delivery vehicles
- Security gates to prevent public access required in
addition to fencing standards
- Signage subject to typical standards
- Must also meet all requirements of Chapter 5.66
- Not permitted within 500-ft. of any schools
located inside or outside the City
ENVIRONMENTAL REVIEW
The requested action is considered exempt
under Section 15061(b)(3), Per Section
15061(b)(3) of the State Guidelines for the
California Environmental Quality Act (CEQA).
A Notice of Exemption has been prepared for
the project because Section 15061 (b) (3)
states that the project is exempted from
CEQA if the activity is covered by the common
sense exemption.
On October 9, 2023, the Planning Commission
adopted Resolution No. 2023-52 recommending
that the City Council approve adoption of ZTA
No. 2023-02 related to revisions to Title 17.
PLANNING COMMISSION MEETING
Staff recommends that the City Council hold a
public hearing and introduce the first reading of
Ordinance No. 2023-13 for Zoning Text
Amendment No. 2023-02.
STAFF RECOMMENDATION
QUESTIONS?