cc 2024 AR 05/28 code amendments - temporary cannabis events

ACTION:
____________________________
Clerk/Secretary
Department: Community Development Item No: PH2
Prepared by: Joe Vacca, Director Meeting Date: May 28, 2024 Approved by: John Conley, City Manager Agenda Location: Public Hearing SUBJECT: CODE AMENDMENTS – TEMPORARY CANNABIS EVENTS
RECOMMENDATION:

1.Open, conduct, and close a public hearing to receive testimony regarding amendments to Vista Municipal Code Chapter 8.12, Smoking in Public Places, and Vista Development Code Chapter

18.76, Temporary Use Permits, relating to temporary cannabis events.

2. Adopt Ordinance No. 2024- , amending Chapter 8.12 of the Vista Municipal Code and Chapter

18.76 of the Vista Development Code relating to temporary cannabis events.

CORRELATION TO CITY COUNCIL GOALS: Economic Development.

PRIOR ACTION: On March 12, 2024, discussed cannabis related special events on private property and directed staff to bring back a policy to allow for indoor and outdoor cannabis related events on private property (Vote: 4-0, O’Donnell absent).

PRIOR PLANNING COMMISSION ACTION: On May 7, 2024, the Planning Commission adopted Resolution No. 2024-12, recommending City Council approval of an ordinance to amend Vista Municipal Code Chapter 8.12, Smoking in Public Places, and Vista Development Code Chapter

18.76, Temporary Use Permits, relating to temporary cannabis events (Vote: 5-1-1, Looney voting against and Savage absent). There were 5 public speakers in opposition.

STATEMENT ON THE SUBJECT: On March 12, 2024, City Councilmember Green placed “Cannabis Consumption Events on Private Property” on the agenda for City Council discussion and introduced the item. There were 16 public participants that voiced opinions in favor and opposition of establishing regulations for permitting cannabis consumption events, (the minutes are attached as Exhibit 4). The City Council determined that an ordinance should be prepared for consideration to regulate and permit temporary cannabis events and directed staff to proceed with necessary amendments to the Municipal Code and Development Code.

The proposed amendments to Vista Municipal Code Chapter 8.12, Smoking in Public Places, and Vista Development Code Chapter 18.76, Temporary Use Permits, relating to temporary cannabis events have been prepared at the direction of the City Council to establish reasonable and straightforward regulations for permitting cannabis events (which may include consumption) on private property while ensuring compatibility with adjacent uses and protecting health, safety and AGENDA
REPORT

CITY COUNCIL

COMMUNITY DEVELOPMENT COMMISSION

SUCCESSOR AGENCY

BUENA SANITATION DISTRICT

JOINT POWERS FINANCING AUTHORITY
Opened, conducted, and closed the Public Hearing. Approved recommendation, adopted Ordinance No. 2024-6. Vote: 5-0.

MEETING DATE: May 28, 2024 PAGE 2

SUBJECT: CODE AMENDMENTS – TEMPORARY CANNABIS EVENTS
general welfare of participants and the overall community. The proposed permit process, operational regulations, and conditions are generally as follows:

• The ordinance establishes a permitting process for Cannabis TUPs through a Zoning Administrator public hearing.
• The applicant must comply with city business license requirements, have an event organizer license from the California Department of Cannabis Control (DCC), a state temporary cannabis event license and any retailer must also possess a valid commercial adult use cannabis business license in compliance with Chapter 5.95 of the Municipal Code. The retailers at the event must comply with the required tax provisions of the Code. • Applicants must provide a designated on-site ride share area in addition to describing how parking will be provided.
• Event organizers may not exceed a total of 24 days of events and the location must be 1,000 feet from residential, park, church or school uses. No private property location can site more than 12 temporary cannabis events per year.
• Notifications are required of Zoning Administrator Public Hearing, at least 10 calendar days in advance of hearing, to be published in the newspaper, mailed to all property owners within 500 feet of proposed events and posted at the proposed event site. • At events, cannabis consumption must not be visible from any public place or nonage restricted area.
• Temporary cannabis events are restricted to persons 21 years of age or older and the event organizer must use a driver’s license scanner to verify age and authenticate IDs. • Sale or consumption of alcohol or tobacco is prohibited at a temporary cannabis event. • All cannabis goods authorized to be sold at an event must be transported to the event only by a licensed distributor.
• Consumption must be authorized in the state temporary cannabis event license, otherwise only the sale of cannabis at the event is permitted.
• If consumption is permitted, it shall only occur in a designated area and an on-site certified emergency medical technician (EMT) must be provided for the duration of the event. • Only state-licensed cannabis retailers are authorized to conduct sales of cannabis goods at a temporary cannabis event. Retailers must comply with all state law requirements authorizing on-site cannabis sales and consumption at temporary cannabis events. • The event organizer must provide security services and must provide insurance naming the City as additional insured as specified by the Zoning Administrator, (never below $2,000,000.00) and shall indemnify the City.
• Trash and waste disposal must comply with local and state laws. • Events must comply with the Noise Ordinance and hours are limited to 9 a.m. to 10 p.m.

These requirements have been prepared to ensure safety at events and compatibility with adjacent properties and the community at large. In preparing the cannabis TUP regulations, staff collaborated closely with the City Attorney to draft the regulations and coordinated review of the draft regulations with the City Manager’s office, City Clerk, Code Enforcement and Planning.

The proposed amendments to Vista Municipal Code Chapter 8.12, Smoking in Public Places, and Vista Development Code Chapter 18.76, Temporary Use Permits, allow a Zoning Administrator public hearing process to permit cannabis temporary use permits to regulate and allow temporary cannabis events within the City of Vista that are consistent with the Land Use and Community Identity (LUCI) Element Goal 7 of the General Plan, which states, “Support the City’s economic development strategies by providing an appropriate mix of land uses and an appealing urban setting to attract and retain quality businesses and institutions” and LUCI Policy 7.5, which states, “Evaluate zoning standards and modify them, as appropriate, to remain responsive to changes in 05/28/2024 PH2 2 of 22

MEETING DATE: May 28, 2024 PAGE 3
SUBJECT: CODE AMENDMENTS – TEMPORARY CANNABIS EVENTS
market conditions and employment trends.” This proposal is updating zoning to accommodate a use allowed under State law to support economic development and provide other business opportunities for local cannabis dispensaries.

The Planning Commission Agenda Report of May 7, 2024, is attached to this report (Exhibit 3), as it includes a complete overview of the proposed regulations and staff analysis.

FISCAL IMPACT: A 7 percent tax on gross receipts is collected from cannabis businesses and deposited into the City’s general fund.

EXHIBITS:

1.City Council Ordinance No. , amending Chapter 8.12 of the Vista Municipal Code and Chapter 18.76 of the Vista Municipal Code relating to temporary cannabis events

2.Proposed Ordinance Underline/Strikeout

3.Planning Commission Agenda Report May 7, 2024 on Cannabis TUPs (without attachments)

4.Consolidated minutes of City Council Item D.1 Cannabis Events, March 12, 2024 05/28/2024 PH2 3 of 22

ORDINANCE NO. 2024-

AN ORDINANCE OF THE CITY COUNCIL OF THE CHARTERED CITY OF VISTA, CALIFORNIA, AMENDING CHAPTER 8.12 OF THE VISTA
MUNICIPAL CODE AND CHAPTER 18.76 OF THE VISTA DEVELOPMENT

CODE RELATING TO TEMPORARY CANNABIS EVENTS
The City Council of the City of Vista does ordain as follows:

SECTION 1. Findings. The City Council hereby finds and declares that:

A. This ordinance is enacted by the City Council pursuant to its authority under the Charter of the City of Vista and Article 11, Section 7 of the California Constitution.

B. The City intends to amend Chapter 8.12 of the Vista Municipal Code and to amend Chapter 18.76 of the Vista Development Code to establish regulations, standards, and a permitting process governing temporary cannabis events as permitted under Section 26200(e) of the California Business and Professions Code, and Chapter 5, Division 19, of Title 4 of the California Code of Regulations (commencing at Section 15000).

C. The proposed code amendments would regulate and create a permitting process for temporary cannabis events. Such events would not result in permanent physical changes at the event sites as they are limited in duration and the number of events allowed per year, and are subject to standard restrictions that limit potential adverse effects including, but not limited to, noise, traffic and refuse disposal. Temporary cannabis events are subject to approval of a Temporary Use Permit by the Zoning Administrator, which requires a noticed public hearing and separate California Environmental Quality Act (CEQA) compliance. Therefore, the proposed code amendments are exempt pursuant to CEQA Guidelines Section 15061(b)(3), the “Common Sense” exemption, because there is no possibility that the proposed amendments may have a significant effect on the environment.

D. On May 28, 2024, the City Council held a public hearing regarding the proposed amendments to the Vista Municipal Code and Vista Development Code. At said public hearing, staff reports, both written and oral were received in evidence and all persons desiring to speak on the proposed project were heard. At the conclusion of said hearing, after consideration of all evidence presented, the City Council reached a decision on the matter as set forth.

SECTION 2. Code Amendment.

A. Chapter 8.12, Smoking in Public Places, of the Vista Municipal Code is amended to read as follows:
“Chapter 8.12
Smoking in Public Places
Sections:

8.12.010 Purpose

8.12.020 Definitions

8.12.030 Prohibitions

8.12.040 Exceptions – Areas Where Smoking is Permitted
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EXHIBIT 1

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CITY COUNCIL OF THE CHARTERED CITY OF VISTA
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8.12.050 Posting of Signs

8.12.060 Retaliation Against Persons Requesting Compliance Prohibited

8.12.070 Penalties and Enforcement
Section 8.12.010 through 8.12.030 (no changes)
Section 8.12.040 Exceptions - Areas Where Smoking is Permitted The following areas are exempt from the mandatory no-smoking provisions of this chapter, and permit smoking.

A. Private residences, except private residences licensed as family day care homes, during hours of operation as a family day care home.

B. Guestroom accommodations in a hotel, motel, or similar transient lodging establishment, if approved by the management of that facility, but not to exceed forty percent of all available guestroom accommodations.

C. Employee breakrooms designated by an employer for smoking, provided that all requirements of Labor Code section 6404.5(d)(13) are satisfied.

D. Cabs of motortrucks or truck tractors, as defined in the Vehicle Code, if no nonsmoking employees are present.

E. Patient smoking areas in long-term health care facilities, approved by the management of the facility, as defined in Section 1418 of the Health and Safety Code.

F. Theatrical production sites, if smoking is an integral part of the story in the theatrical production, if approved by the management of the facility.

G. Medical research or treatment sites, if smoking is an integral to any research and treatment being conducted, if approved by the management of the facility.

H. The designated consumption area of a temporary cannabis event that is permitted pursuant to Chapter 18.76.

Section 8.12.050 through 8.12.070 (no changes)”
B. Chapter 18.76, Temporary Use Permits, of the Vista Development Code is amended to read as follows:
“Chapter 18.76
Temporary Use Permits
Sections:

18.76.010 Temporary Use Permits - Zoning Administrator

18.76.015 Temporary Cannabis Events

18.76.020 Administrative Temporary Use Permits

18.76.030 Conflict with Chapter 12.12 Provisions
Section 18.76.010 Temporary Use Permits - Zoning Administrator A. Permitted Uses. Temporary use permits may be issued for the following uses on any privately owned property zoned C-1, 2 or 3; M-1 or properties designated for commercial or industrial uses within specific plans provided that the operations permitted therein shall be for no more than ten days:
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1. Carnivals, circuses or fairs

2. Rodeos with no permanent structures involved

3. Fireworks shows

4. Other temporary uses of a similar nature to those in Subdivisions 1 through 3 of this subsection.

5. Temporary cannabis events, subject to the requirements of section

18.76.015.

B. Application Procedures. Applications for a temporary use permit shall be made to the Office of the Zoning Administrator at least 45 days prior to the first date of the proposed activity in a form prescribed by the Community Development Director and shall be accompanied by:

1. A map showing the area on which the event will be held.

2. A description of the event for which the Temporary Use Permit is requested.

3. The name(s) of the organization(s) and principals within the organization applying for the temporary use permit.

4. An estimate of the number of persons who will attend, all vendors who are anticipated to operate at the event, and a description of all security personnel and arrangements that are scheduled for the event.

5. A description of parking arrangements for the event.

6. Such additional information as may be required by the Zoning Administrator to determine whether the event will be compatible with the surrounding neighborhood, satisfy applicable laws, and be consistent with the public, health, safety and welfare.

C. Fees. A nonrefundable processing fee shall be paid prior to the acceptance of any application for a temporary use permit. Such fee shall be established by resolution of the City Council from time to time.

D. Expiration. Each valid temporary use permit, unless earlier revoked, shall expire and become null and void at the time specified in such permit.

E. Notice and Hearing.

1. Within 45 days of the date of a submittal of a complete application for a temporary use permit, the Zoning Administrator shall hold a public hearing on the application.

Notice of the public hearing shall be given pursuant to Section 18.04.060.A.

2. A temporary use permit shall be issued, unless the Zoning Administrator makes one or more of the following findings:
a. That the proposed activity at the particular location will not contribute to the general convenience or welfare of the neighborhood or the community. b. That the characteristics of the proposed activity are incompatible with those permitted in the surrounding areas, or that such proposed activity is not in harmony with the various elements and objectives of the General Plan. c. The proposed activity, under the circumstances of the particular case, will be detrimental to the health, safety, and welfare of the persons residing in the vicinity, or will be in conflict with applicable law. For purposes of temporary cannabis events, “applicable law” excludes the regulation of cannabis under the federal Controlled Substances Act.

3. Any approved permit may include conditions or requirements that the Zoning Administrator determines are reasonably required in order to make one or more of the findings set forth in Subsection 2 above. In addition, the Zoning Administrator may require that insurance and indemnification be provided for the benefit of the City and/or the public when the Zoning Administrator determines that there is a risk of damage, injury or lawsuit in connection with the special event.

F. Appeal. Appeals from the decision of the Zoning Administrator shall be made pursuant to Section 18.04.150.
05/28/2024 PH2 6 of 22

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CITY COUNCIL OF THE CHARTERED CITY OF VISTA
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Section 18.76.015 Temporary Cannabis Events
A. For purposes of this section, the following definitions apply:
“Cannabis goods” has the same meaning as defined under Section 15000 of Chapter 1, Division 19, Title 4 of the California Code of Regulations. “Temporary cannabis event” shall mean a temporary event that includes onsite sale and/or consumption of cannabis goods in compliance with Section 26200(e) of the California Business and Professions Code, Chapter 5, Division 19, of Title 4 of the California Code of Regulations (commencing at Section 15000) and this section of the Code.

B. Required Licenses. Any person applying for a temporary use permit for a temporary cannabis event (“temporary cannabis event permit”) must obtain: (1) a valid business license issued by the City; (2) a state cannabis event organizer license issued by the California Department of Cannabis Control (“DCC”); and (3) a state temporary cannabis event license issued by the DCC, prior to the event. All licenses and permits required under state and local law shall remain in full force effect throughout the duration of the event.

C. Applications. Applications for a temporary cannabis event permit must comply with all requirements of section 18.76.010, unless otherwise stated in this section. The cannabis event organizer shall apply to the City for a temporary cannabis event permit with a City-approved form, no less than sixty (60) calendar days before the first day of the event. Applications shall provide a designated ride share area in addition to describing how parking requirements will be met.

E. Event Location and Notification. A temporary cannabis event may not be located within 1,000 feet of a residential use, park, church or school, as measured from door to door. At least 10 calendar days prior to the public hearing considering the request for temporary cannabis event, the City shall provide notification of the public hearing in compliance with Section

18.04.060.A. including publication in a newspaper of general circulation, notice mailed or delivered to all owners of properties within 500 feet of the event location, and notice posted at the proposed event location.

F. Conditions. A temporary cannabis event permit holder and all retailers participating in the temporary cannabis event shall comply with all conditions required under state and City licenses and permits, including but not limited to the following:

1. Cannabis consumption cannot be visible from any public place or nonage- restricted area.

2. Access to the temporary cannabis event must be restricted to persons 21 years of age or older.

3. Sale or consumption of alcohol or tobacco is prohibited on the premises of a temporary cannabis event.

4. All cannabis goods authorized to be sold at a temporary cannabis event must be transported to and from the event by a licensed distributor.

5. Consumption must be expressly authorized in the state temporary cannabis event license, otherwise only the sale of cannabis goods by licensed retailers at the event is permitted. If consumption is permitted, it shall only occur in a designated area and an on- site certified emergency medical technician (EMT) must be provided for the duration of the event.

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CITY COUNCIL OF THE CHARTERED CITY OF VISTA
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4893-5151-4042, v. 1
including but not limited to:
a. Displays of cannabis goods;
b. Use of exit packaging;
c. Age restrictions on sales;
d. Daily sales limits;
e. No free samples of cannabis goods;
f. Designated sales locations with no mobile sales; and g. Recording sales in the state track and trace system.

7. Any retailer engaging in the sale of cannabis goods must possess a valid City of Vista business license and a commercial adult use cannabis business license in compliance with Chapter 5.95 of this Code. Such retailers must comply with all required tax provisions of this Code relating to the sale of cannabis goods in the City.

8. The cannabis event organizer shall hire or contract for security personnel to provide security services at the temporary cannabis event. The number of required security personnel and hours of security service shall be determined by the City. All security personnel shall be at least 21 years of age, licensed by the Bureau of Security and Investigative Services, and comply with chapters 11.4 and 11.5 of division 3 of the California Business and Professions Code. At a minimum, security personnel shall be present on the premises of a temporary cannabis event whenever cannabis goods are available for sale or cannabis consumption is allowed.

9. The cannabis event organizer and their hired personnel must use a driver’s license scanner to verify age and authenticate patron IDs prior to providing event access.

10. The cannabis event organizer shall provide a certificate of insurance naming the City as additional insured, in an amount as specified by the Zoning Administrator but in no event below $2,000,000.

11. By accepting a temporary cannabis event permit, the cannabis event organizer agrees to defend, indemnify and hold harmless the City, its officers, employees and agents from any and all liability arising out of the actions permitted by such permit, and agrees to pay on behalf of the City all claims, damages, judgments, legal and court costs, adjuster fees and attorney fees related thereto.

12. All waste from the temporary cannabis event must be disposed of in designated waste receptacles and in accordance with state law.

13. Temporary cannabis events must comply with the City’s Noise Ordinance.

14. Temporary cannabis events are limited to the hours of 9 a.m. to 10 p.m.

G. City Access. City code enforcement officers, Sheriff’s department officers, or other agents or employees of the City requesting admission to the temporary cannabis event for the purposes of determining compliance with this section shall be provided unrestricted access.

H. Permit Revocation. A temporary cannabis event permit may be immediately revoked by the Zoning Administrator if they determine the existence of any of the following: (1) a significant violation of any requirement of this section, applicable state law, or the conditions of permit approval; (2) the event poses a threat to public health or safety; or (3) the permit was issued in error or contrary to law. Any permit revocation shall be made by the City in writing and may be appealed in writing to the City Manager within five (5) calendar days of the date of revocation. The decision of the City Manager or their designee shall be final. Upon revocation, the cannabis event organizer may not apply for a temporary cannabis event permit for a period of one year following the date of revocation.

Section 18.76.020 through 18.76.030 (no changes)”
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SECTION 3. If any word, sentence, paragraph, or other portion of this ordinance is deemed to be invalid or unenforceable for any reason by a court of competent jurisdiction, the City Council declares its intent that all remaining words, sentences, paragraphs or portions of the ordinance not held to be invalid or unenforceable shall remain in full force and effect, and shall, be so construed, as if the original ordinance did not contain the invalid or unenforceable language.

SECTION 4. This Ordinance shall be effective on the thirty-first day following the date of its adoption. The City Clerk is authorized and directed to publish a copy in the manner provided by law.

INTRODUCED AND ADOPTED at a meeting of the City Council of the Chartered City of Vista held on May 28, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY
By:

APPROVED
Walter C. Chung
20240520075533

JOHN FRANKLIN, MAYOR
ATTEST:

KATHY VALDEZ, CITY CLERK
By:
05/28/2024 PH2 9 of 22

4895-6247-1866, v. 1
Chapter 8.12
Smoking in Public Places
Sections:

8.12.010 Purpose

8.12.020 Definitions

8.12.030 Prohibitions

8.12.040 Exceptions – Areas Where Smoking is Permitted

8.12.050 Posting of Signs

8.12.060 Retaliation Against Persons Requesting Compliance Prohibited

A.Private residences, except private residences licensed as family day care homes, during hours of operation as a family day care home.

B.Guestroom accommodations in a hotel, motel, or similar transient lodging establishment, if approved by the management of that facility, but not to exceed forty percent of all available guestroom accommodations.

C.Employee breakrooms designated by an employer for smoking, provided that all requirements of Labor Code section 6404.5(d)(13) are satisfied.

D.Cabs of motortrucks or truck tractors, as defined in the Vehicle Code, if no nonsmoking employees are present.

E.Patient smoking areas in long-term health care facilities, approved by the management of the facility, as defined in Section 1418 of the Health and Safety Code.

F.Theatrical production sites, if smoking is an integral part of the story in the theatrical production, if approved by the management of the facility.

G.Medical research or treatment sites, if smoking is an integral to any research and treatment being conducted, if approved by the management of the facility.

H.The designated consumption area of a temporary cannabis event that is permitted pursuant to Chapter 18.76.

Section 8.12.050 through 8.12.070 (no changes)
Chapter 18.76
Temporary Use Permits
Sections:

18.76.010 Temporary Use Permits - Zoning Administrator

18.76.015 Temporary Cannabis Events

18.76.020 Administrative Temporary Use Permits

4895-6247-1866, v. 1
any privately owned property zoned C-1, 2 or 3; M-1 or properties designated for commercial or industrial uses within specific plans provided that the operations permitted therein shall be for no more than ten days:

1.Carnivals, circuses or fairs

2.Rodeos with no permanent structures involved

3.Fireworks shows

4.Other temporary uses of a similar nature to those in Subdivisions 1 through 3 of this subsection.

5. Temporary cannabis events, subject to the requirements of section

18.76.015.

B.Application Procedures. Applications for a temporary use permit shall be made to the Office of the Zoning Administrator at least 45 days prior to the first date of the proposed activity in a form prescribed by the Community Development Director and shall be accompanied by:

1.A map showing the area on which the event will be held.

2.A description of the event for which the Temporary Use Permit is requested.

3.The name(s) of the organization(s) and principals within the organization applying for the temporary use permit.

4.An estimate of the number of persons who will attend, all vendors who are anticipated to operate at the event, and a description of all security personnel and arrangements that are scheduled for the event.

5.A description of parking arrangements for the event.

6.Such additional information as may be required by the Zoning Administrator to determine whether the event will be compatible with the surrounding neighborhood, satisfy applicable laws, and be consistent with the public, health, safety and welfare.

C.Fees. A nonrefundable processing fee shall be paid prior to the acceptance of any application for a temporary use permit. Such fee shall be established by resolution of the City Council from time to time.

CD.Expiration. Each valid temporary use permit, unless earlier revoked, shall expire and become null and void at the time specified in such permit.

DE. Notice and Hearing.

1.Within 45 days of the date of a submittal of a complete application for a temporary use permit, the Zoning Administrator shall hold a public hearing on the application.

Notice of the public hearing shall be given pursuant to Section 18.04.060B.A.

2.A temporary use permit shall be issued, unless the Zoning Administrator makes one or more of the following findings:
a.That the proposed activity at the particular location will not contribute to the general convenience or welfare of the neighborhood or the community. b.That the characteristics of the proposed activity are incompatible with those permitted in the surrounding areas, or that such proposed activity is not in harmony with the various elements and objectives of the General Plan. c.The proposed activity, under the circumstances of the particular case, will be detrimental to the health, safety, and welfare of the persons residing in the vicinity, or will be in conflict with applicable law. For purposes of temporary cannabis events, “applicable law” excludes the regulation of cannabis under the federal Controlled Substances Act.

3.Any approved permit may include conditions or requirements that the Zoning Administrator determines are reasonably required in order to make one or more of the findings set forth in Subsection 2 above. In addition, the Zoning Administrator may require that insurance and indemnification be provided for the benefit of the City and/or the public when the Zoning Administrator determines that there is a risk of damage, injury or lawsuit in connection with the special event.
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EF. Appeal. Appeals from the decision of the Zoning Administrator shall be made pursuant to Section 18.04.150.

Section 18.76.015 Temporary Cannabis Events
A.For purposes of this section, the following definitions apply:
“Cannabis goods” has the same meaning as defined under Section 15000 of Chapter 1, Division 19, Title 4 of the California Code of Regulations. “Temporary cannabis event” shall mean a temporary event that includes onsite sale and/or consumption of cannabis goods in compliance with Section 26200(e) of the California Business and Professions Code, Chapter 5, Division 19, of Title 4 of the California Code of Regulations (commencing at Section 15000) and this section of the Code.

B.Required Licenses. Any person applying for a temporary use permit for a temporary cannabis event (“temporary cannabis event permit”) must obtain: (1) a valid business license issued by the City; (2) a state cannabis event organizer license issued by the California Department of Cannabis Control (“DCC”); and (3) a state temporary cannabis event license issued by the DCC, prior to the event. All licenses and permits required under state and local law shall remain in full force effect throughout the duration of the event.

C.Applications. Applications for a temporary cannabis event permit must comply with all requirements of section 18.76.010, unless otherwise stated in this section. The cannabis event organizer shall apply to the City for a temporary cannabis event permit with a City-approved form, no less than sixty (60) calendar days before the first day of the event. Applications shall provide a designated ride share area in addition to describing how parking requirements will be met.

E.Event Location and Notification. A temporary cannabis event may not be located within 1,000 feet of a residential use, park, church or school, as measured from door to door. At least 10 calendar days prior to the public hearing considering the request for temporary cannabis event, the City shall provide notification of the public hearing in compliance with Section

F.Conditions. A temporary cannabis event permit holder and all retailers participating in the temporary cannabis event shall comply with all conditions required under state and City licenses and permits, including but not limited to the following:

1.Cannabis consumption cannot be visible from any public place or nonage- restricted area.

2.Access to the temporary cannabis event must be restricted to persons 21 years of age or older.

3.Sale or consumption of alcohol or tobacco is prohibited on the premises of a temporary cannabis event.

4.All cannabis goods authorized to be sold at a temporary cannabis event must be transported to and from the event by a licensed distributor.

5.Consumption must be expressly authorized in the state temporary cannabis event license, otherwise only the sale of cannabis goods by licensed retailers at the event is permitted. If consumption is permitted, it shall only occur in a designated area and an on- site certified emergency medical technician (EMT) must be provided for the duration of the event.

6.Only state-licensed cannabis retailers are authorized to conduct sales of 05/28/2024 PH2 12 of 22

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cannabis goods at a temporary cannabis event. Retailers must comply with all state law requirements authorizing on-site cannabis sales and consumption at temporary cannabis events, including but not limited to:
a.Displays of cannabis goods;
b.Use of exit packaging;
c.Age restrictions on sales;
d.Daily sales limits;
e.No free samples of cannabis goods;
f.Designated sales locations with no mobile sales; and
g.Recording sales in the state track and trace system.

7.Any retailer engaging in the sale of cannabis goods must possess a valid City of Vista business license and a commercial adult use cannabis business license in compliance with Chapter 5.95 of this Code. Such retailers must comply with all required tax provisions of this Code relating to the sale of cannabis goods in the City.

8.The cannabis event organizer shall hire or contract for security personnel to provide security services at the temporary cannabis event. The number of required security personnel and hours of security service shall be determined by the City. All security personnel shall be at least 21 years of age, licensed by the Bureau of Security and Investigative Services, and comply with chapters 11.4 and 11.5 of division 3 of the California Business and Professions Code. At a minimum, security personnel shall be present on the premises of a temporary cannabis event whenever cannabis goods are available for sale or cannabis consumption is allowed.

9.The cannabis event organizer and their hired personnel must use a driver’s license scanner to verify age and authenticate patron IDs prior to providing event access.

10.The cannabis event organizer shall provide a certificate of insurance naming the City as additional insured, in an amount as specified by the Zoning Administrator but in no event below $2,000,000.

11.By accepting a temporary cannabis event permit, the cannabis event organizer agrees to defend, indemnify and hold harmless the City, its officers, employees and agents from any and all liability arising out of the actions permitted by such permit, and agrees to pay on behalf of the City all claims, damages, judgments, legal and court costs, adjuster fees and attorney fees related thereto.

12.All waste from the temporary cannabis event must be disposed of in designated waste receptacles and in accordance with state law.

13.Temporary cannabis events must comply with the City’s Noise Ordinance.

14.Temporary cannabis events are limited to the hours of 9 a.m. to 10 p.m.

G.City Access. City code enforcement officers, Sheriff’s department officers, or other agents or employees of the City requesting admission to the temporary cannabis event for the purposes of determining compliance with this section shall be provided unrestricted access.

H.Permit Revocation. A temporary cannabis event permit may be immediately revoked by the Zoning Administrator if they determine the existence of any of the following: (1) a significant violation of any requirement of this section, applicable state law, or the conditions of permit approval; (2) the event poses a threat to public health or safety; or (3) the permit was issued in error or contrary to law. Any permit revocation shall be made by the City in writing and may be appealed in writing to the City Manager within five (5) calendar days of the date of revocation. The decision of the City Manager or their designee shall be final. Upon revocation, the cannabis event organizer may not apply for a temporary cannabis event permit for a period of one year following the date of revocation.

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Section 18.76.020 through 18.76.030 (no changes)
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PLANNING COMMISSION

STAFF REPORT

PUBLIC HEARING
May 7, 2024
P24-0107
REQUEST: Amend Vista Municipal Code Chapter 8.12, Smoking in Public Places, and Vista Development Code Chapter 18.76, Temporary Use Permits, to regulate and allow Temporary Cannabis Events
APPLICANT: City of Vista
RECOMMENDATION: Adopt Resolution 2024 - , recommending City Council approval of an ordinance to amend Vista Municipal Code Chapter 8.12, Smoking in Public Places, and Vista Development Code Chapter 18.76, Temporary Use Permits, Relating to Temporary Cannabis Events I.BACKGROUND:

Vista voters passed Measure Z at the November 6, 2018 General Election, with 53.81% of voters voting in favor of the measure. Measure Z was a citizen’s initiative that qualified for the November ballot through the California elections code process. As required by law, the measure was placed on the ballot exactly as it was written and submitted to the City. The City was unable to make any changes to the measure presented to the voters, and, now that it has passed, Vista has implemented the measure as written. Therefore, Measure Z has been enacted in Vista Municipal Code (“VMC”) Chapter 5.94 in its entirety. Several updates to Vista Development Code Title 18, Zoning, have been made, as required by the measure. VMC §

5.94.170.B states that the City Manager shall promulgate regulations and procedures to implement and administer the Chapter.

Since adoption of Measure Z, the City has permitted 10 cannabis dispensary businesses in Vista. A 7% tax on gross receipts is collected from each medical cannabis business and deposited into the City’s general fund. With the opening of these ten cannabis dispensary businesses over the past recent years, these establishments have become an additional source and contributor to economic development and also need to continue to be regulated to safeguard the peace, safety and general welfare of the City.

On March 12, 2024, City Councilmember Green placed “Cannabis Consumption Events on Private Property” on the agenda for City Council discussion and introduced the item. There were 16 public participants that voiced opinions in favor and opposition of establishing regulations for permitting cannabis consumption events, (the minutes are attached). The City Council determined (4-0 O’Donnell Absent) that an ordinance should be prepared for consideration to regulate and permit temporary cannabis events and directed staff to proceed with necessary amendments to the Municipal Code and Development Code. 05/28/2024 PH2 15 of 22
EXHIBIT 3

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PROJECT DESCRIPTION:

The proposed project includes amendments to Vista Municipal Code Chapter 8.12, Smoking in Public Places, and Vista Development Code Chapter 18.76, Temporary Use Permits, to regulate and allow Temporary Cannabis Events.

The proposed ordinance will amend the proposed Municipal Code Chapter 8.12, Smoking in Public Places, as follows:

Section 8.12.040 Exceptions - Areas Where Smoking is Permitted The following areas are exempt from the mandatory no-smoking provisions of this chapter, and permit smoking.

A.Private residences, except private residences licensed as family day care homes, during hours of operation as a family day care home.

B.Guestroom accommodations in a hotel, motel, or similar transient lodging establishment, if approved by the management of that facility, but not to exceed forty percent of all available guestroom accommodations.

C.Employee breakrooms designated by an employer for smoking, provided that all requirements of Labor Code section 6404.5(d)(13) are satisfied.

D.Cabs of motortrucks or truck tractors, as defined in the Vehicle Code, if no nonsmoking employees are present.

E.Patient smoking areas in long-term health care facilities, approved by the management of the facility, as defined in Section 1418 of the Health and Safety Code.

F.Theatrical production sites, if smoking is an integral part of the story in the theatrical production, if approved by the management of the facility.

G.Medical research or treatment sites, if smoking is an integral to any research and treatment being conducted, if approved by the management of the facility.

H.The designated consumption area of a temporary cannabis event that is permitted pursuant to Chapter 18.76.
•8.12.040.H is being added to this Chapter in the exceptions to allow for consumption of cannabis at temporary cannabis events, if approved through a temporary use permit in compliance with Chapter 18.76, for such events.

Next, Chapter 18.76 of the Vista Development Code, is amended as follows:

First Section 18.76.010. is amended with the addition of 2 sections, and clarification:
•18.76.010.5. This section is changed with updating the list of permitted uses with temporary use permits by adding: 5. Temporary cannabis events subject to the requirements of the proposed section 18.76.015.
•18.76.010.C. This section is being updated for clarification because fees are already established and required for temporary use permits, so staff is adding the following: C.

Fees. A nonrefundable processing fee shall be paid prior to the acceptance of any application for a temporary use permit. Such fee shall be established by resolution of the City Council from time to time.
•18.76.010.E.2.c. This section is being updated for clarification, so staff is adding the 05/28/2024 PH2 16 of 22

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following information in underline at the end of this section: The proposed activity, under the circumstances of the particular case, will be detrimental to the health, safety, and welfare of the persons residing in the vicinity, or will be in conflict with applicable law. For purposes of temporary cannabis events, “applicable law” excludes the regulation of cannabis under the federal Controlled Substances Act.
•A typo referencing Section 18.040.060B is updated to correctly reference Section

18.040.060.A. which outlines Zoning Administrator public hearing requirements.

Next, the updates propose adding an entirely new Section to Chapter 18.76, as follows:

B.Required Licenses. Any person applying for a temporary use permit for a temporary cannabis event (“temporary cannabis event permit”) must obtain: (1) a valid business license issued by the City; (2) a state cannabis event organizer license issued by the California Department of Cannabis Control (“DCC”); and (3) a state temporary cannabis event license issued by the DCC, prior to the event. All licenses and permits required under state and local law shall remain in full force effect throughout the duration of the event. •This Section outlines the licenses required prior to filing an application for a temporary cannabis event permit.

C.Applications. Applications for a temporary cannabis event permit must comply with all requirements of section 18.76.010, unless otherwise stated in this section. The cannabis event organizer shall apply to the City for a temporary cannabis event permit with a City-approved form, no less than sixty (60) calendar days before the first day of the event. Applications shall provide a designated ride share area in addition to describing how parking requirements will be met. •This Section outlines the application requirements for filing an application for a temporary cannabis event permit, and that submittal must be made at least sixty calendar days before the event.

D.Event Duration. A temporary cannabis event permit may be issued for a single day or two (2) consecutive days, subject to the following: (1) no person may be issued temporary cannabis event permits that cumulatively exceed 24 days per calendar year; and (2) no more than 12 temporary cannabis events per calendar year may be sited at the same private property location as determined by Accessor Parcel Number.
•This Section provides that temporary cannabis events may be permitted for up to 2 consecutive days, and that operators cannot be issued permits with more than 24 events days per year and a private property location cannot have more than 12 events per year.

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10 calendar days prior to the public hearing considering the request for temporary cannabis event, the City shall provide notification of the public hearing in compliance with Section 18.04.060.A. including publication in a newspaper of general circulation, notice mailed or delivered to all owners of properties within 500 feet of the event location, and notice posted at the proposed event location •This Section requires events to be further than 1,000 feet from residential uses, parks, churches and/or schools and the City must advertise the Zoning Administrator public hearing by publishing notification in a newspaper and by providing notices to all property owners within 500 feet of the event location.

F.Conditions. A temporary cannabis event permit holder and all retailers participating in the temporary cannabis event shall comply with all conditions required under state and City licenses and permits, including but not limited to the following:

1.Cannabis consumption cannot be visible from any public place or nonage- restricted area.

2.Access to the temporary cannabis event must be restricted to persons 21 years of age or older.

3.Sale or consumption of alcohol or tobacco is prohibited on the premises of a temporary cannabis event.

4.All cannabis goods authorized to be sold at a temporary cannabis event must be transported to and from the event by a licensed distributor.

5.Consumption must be expressly authorized in the state temporary cannabis event license, otherwise only the sale of cannabis goods by licensed retailers at the event is permitted.

If consumption is permitted, it shall only occur in a designated area and an on-site certified emergency medical technician (EMT) must be provided for the duration of the event.

6.Only state-licensed cannabis retailers are authorized to conduct sales of cannabis goods at a temporary cannabis event. Retailers must comply with all state law requirements authorizing on-site cannabis sales and consumption at temporary cannabis events, including but not limited to:
a.Displays of cannabis goods;
b.Use of exit packaging;
c.Age restrictions on sales;
d.Daily sales limits;
e.No free samples of cannabis goods;
f.Designated sales locations with no mobile sales; and
g.Recording sales in the state track and trace system.

7.Any retailer engaging in the sale of cannabis goods must possess a valid City of Vista business license and a commercial adult use cannabis business license in compliance with Chapter 5.95 of this Code. Such retailers must comply with all required tax provisions of this Code relating to the sale of cannabis goods in the City.

8.The cannabis event organizer shall hire or contract for security personnel to provide security services at the temporary cannabis event. The number of required security personnel and hours of security service shall be determined by the City. All security personnel shall be at least 21 years of age, licensed by the Bureau of Security and Investigative Services, and comply with chapters 11.4 and 11.5 of division 3 of the California Business and Professions Code. At a minimum, security personnel shall be present on the premises of a temporary cannabis event whenever cannabis goods are available for sale or cannabis consumption is allowed.

9.The cannabis event organizer and their hired personnel must use a driver’s license scanner to verify age and authenticate patron IDs prior to providing event access.

10.The cannabis event organizer shall provide a certificate of insurance naming the City as additional insured, in an amount as specified by the Zoning Administrator but in no event below $2,000,000.
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11.By accepting a temporary cannabis event permit, the cannabis event organizer agrees to defend, indemnify and hold harmless the City, its officers, employees and agents from any and all liability arising out of the actions permitted by such permit, and agrees to pay on behalf of the City all claims, damages, judgments, legal and court costs, adjuster fees and attorney fees related thereto.

12.All waste from the temporary cannabis event must be disposed of in designated waste receptacles and in accordance with state law.

13.Temporary cannabis events must comply with the City’s Noise Ordinance.

14.Temporary cannabis events are limited to the hours of 9 a.m. to 10 p.m. •This subsection F, outlines all of the required conditions associated with permitting a temporary cannabis event which are further outlined in the Analysis section of the report below.

G.City Access. City code enforcement officers, Sheriff’s department officers, or other agents or employees of the City requesting admission to the temporary cannabis event for the purposes of determining compliance with this section shall be provided unrestricted access. •This Section provides that staff and law enforcement may visit events with unrestricted access.

H.Permit Revocation. A temporary cannabis event permit may be immediately revoked by the Zoning Administrator if they determine the existence of any of the following: (1) a significant violation of any requirement of this section, applicable state law, or the conditions of permit approval; (2) the event poses a threat to public health or safety; or (3) the permit was issued in error or contrary to law. Any permit revocation shall be made by the City in writing and may be appealed in writing to the City Manager within five (5) calendar days of the date of revocation.

The decision of the City Manager or their designee shall be final. Upon revocation, the cannabis event organizer may not apply for a temporary cannabis event permit for a period of one year following the date of revocation.
•This Section provides that a temporary use permit for a temporary cannabis event is revocable and if revoked, an event organizer must wait a year prior to reapplying for a TUP.

I.Violation and Penalty. Failure to comply with the provisions of this section shall constitute a violation of the zoning ordinance and is subject to enforcement and penalty as is established by Chapter 18.82.
•This Section indicates that not complying with section 18.76.015 (Temporary Cannabis Events) is a code violation subject to city enforcement.

There are no other changes proposed to this Chapter.

II.ANALYSIS:

The proposed amendments Vista Municipal Code Chapter 8.12, Smoking in Public Places, and Vista Development Code Chapter 18.76, Temporary Use Permits, relating to temporary cannabis events have been prepared at the direction of the City Council to establish reasonable and straightforward regulations for permitting cannabis events (which may include consumption) 05/28/2024 PH2 19 of 22

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on private property while ensuring compatibility with adjacent uses and protecting health, safety and general welfare of participants and the overall community. Beyond the items outlined in the bullets above, the proposed permit process, standards and conditions are generally outlined, as follows:
The ordinance establishes a permitting process for Cannabis TUPs through a Zoning Administrator public hearing.
The applicant must comply with city business license requirements, have an event organizer license from the California Department of Cannabis Control (DCC), a state temporary cannabis event license and any retailer must also possess a valid commercial adult use cannabis business license in compliance with Chapter 5.95 of the Municipal Code. The retailers at the event must comply with required tax provisions of the Code.
Applicants must provide a designated on-site ride share (i.e. Uber/Lyft) area in addition to describing how parking will be provided.
Event organizers may not exceed a total of 24 days of events and the location must be 1,000 feet from residential, park, church or school uses. No private property location can site more than 12 temporary cannabis events per year. Notifications are required of Zoning Administrator Public Hearing, at least 10 calendar days in advance of hearing, to be printed in the newspaper, mailed to all property owners within 500 feet of proposed events and posted at the proposed event site. At events, cannabis consumption must not be visible from any public place or nonage- restricted area.
Temporary cannabis events are restricted to persons 21 years of age or older and the event organizer must use a driver’s license scanner to verify age, and authenticate IDs. Sale or consumption of alcohol or tobacco is prohibited at a temporary cannabis event. All cannabis goods authorized to be sold at an event must be transported to the event only by a licensed distributor.
Consumption must be authorized in the state temporary cannabis event license, otherwise only the sale of cannabis at the event is permitted. If consumption is permitted, it shall only occur in a designated area and an on-site certified emergency medical technician (EMT) must be provided for the duration of the event.
Only state-licensed cannabis retailers are authorized to conduct sales of cannabis goods at a temporary cannabis event. Retailers must comply with all state law requirements authorizing on-site cannabis sales and consumption at temporary cannabis events.
The event organizer must provide security services and must provide insurance naming the City as additional insured as specified by the Zoning Administrator, (never below $2,000,000.00) and shall indemnify the City.
Trash and waste disposal must comply with local and state laws. Events must comply with the Noise Ordinance and hours are limited to 9 a.m. to 10 p.m.

These requirements have been prepared to ensure safety at events and compatibility with adjacent properties and the community at large. In preparing the cannabis TUP regulations, Staff collaborated closely with the City Attorney to draft the regulations and coordinated review of the draft regulations with City Manager’s office staff, City Clerk and Planning Staff.

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allow temporary cannabis events within the City of Vista that are consistent with the Land Use and Community Identity (LUCI) Element Goal 7 of the General Plan, which states: Support the City’s economic development strategies by providing an appropriate mix of land uses and an appealing urban setting to attract and retain quality businesses and institutions; and LUCI Policy

7.5, which states: Evaluate zoning standards and modify them, as appropriate, to remain responsive to changes in market conditions and employment trends, This proposal is updating zoning to accommodate a use allowed under State law to support economic development and provide other business opportunities for local cannabis dispensaries.

The Planning Commission acts in an advisory capacity to the City Council regarding additions to the Development Code and, in this case, related Municipal Code provisions. Therefore, the Planning Commission must make a recommendation to the City Council on the proposed amendments to Vista Municipal Code Chapter 8.12, Smoking in Public Places, and Vista Development Code Chapter 18.76, Temporary Use Permits, relating to temporary cannabis events.

III.CONCLUSIONS AND REASONS FOR RECOMMENDATION:

Staff is requesting that the Planning Commission recommend City Council approval of an ordinance to amend Vista Municipal Code Chapter 8.12, Smoking in Public Places, and Vista Development Code Chapter 18.76, Temporary Use Permits, relating to temporary cannabis events.

Respectfully submitted,
Joe Vacca
Community Development Director
EXHIBITS:

1.Planning Commission Resolution 2024- , recommending City Council approval of an ordinance to amend Vista Municipal Code Chapter 8.12, Smoking in Public Places, and Vista Development Code Chapter 18.76, Temporary Use Permits, Relating to Temporary Cannabis Events, with Exhibit A A.Draft City Council Ordinance to amend Vista Municipal Code Chapter 8.12, Smoking in Public Places, and Vista Development Code Chapter 18.76, Temporary Use Permits, Relating to Temporary Cannabis Events

2.Proposed Ordinance Strikeout

3.Consolidated minutes of City Council Item D.1 Cannabis Related Special Events on Private Property, March 12, 2024
05/28/2024 PH2 21 of 22

DISCUSSION
D1. CANNABIS RELATED SPECIAL EVENTS ON PRIVATE PROPERTY (CC) Councilmember Green introduced the item.

The following individuals spoke in favor of the item:

Savana Rubin Joshua Caruso Matthew Raftery
Mor H. Linda
Justin Piro and Gimel Novelozo submitted speaker cards in favor of the item but did not speak.

The following individuals spoke regarding the negative impact of youth cannabis use and asked the City Council to consider various measures to limit youth exposure to cannabis related special events.

Taniah Worthy Maya Howard Kayleen Spencer
Gracee Johnson Carina Esquivel Megan Stuart
The following individuals spoke in opposition of the item:

Peggy Walker Beck Rapp Barbara Gordon Judi Strang
City Councilmembers and staff discussed the following:
•Is special event vendor participation limited to Measure Z storefronts or could future social equity license holders also participate?
•Limit special events to two (2) days.
•Use Measure Z tax revenue to pay for public service announcement ads for anti-youth cannabis use.
•Zero tolerance policy for event organizers and vendors for violation of rules. •ID scanner to be required as part of event safety plan. •Consideration of tiered permit fee structure based on size and length of special event. •Food and wellness vendors allowed at special events.
•Designated pickup and drop-off rideshare locations.
•Consideration of surrounding businesses when issuing permits to event organizers.

MOTION BY GREEN, SECOND BY CONTRERAS TO DIRECT STAFF TO

BRING BACK A POLICY TO ALLOW FOR INDOOR AND OUTDOOR CANNABIS RELATED EVENTS ON PRIVATE PROPERTY.

MOTION CARRIED: 4-0 (O’DONNELL ABSENT)
D2. CITYWIDE FACILITIES MASTER PROGRAM (CC)
Public Works Director Kuna Muthusamy introduced the item and Public Works Operation Manager Chris Arce provided the staff report.

City Councilmembers and staff discussed the following:
•Sustainability upgrades within the parks.
•Major capital improvements, such as roofs, should be included in the budget on a regular basis. •Skatepark restrooms are often closed due to graffiti and maintenance issues. o Install signage in and around restrooms to encourage users to keep clean. Work with Skatepark Coalition to develop signage.
o When restrooms are out of commission, put up sign with date of closure and expected re-opening.
o Rethink design of restrooms. Councilmembers Green and Contreras offered examples of public restroom styles found in other countries.
o Possibility of handwashing stations to be relocated within public view.

EXHIBIT 4
05/28/2024 PH2 22 of 22

PH2: Temporary Cannabis Events Ordinance
Planning Case No. P24-0107 – City of Vista
City Council Public HearingMay 28, 2024

Vista voters passed Measure “Z” on November 6, 2018 General Election.

Since then, 10 cannabis dispensaries have been permitted in Vista. •On March 12, 2024, City Councilmember Green placed “Cannabis Consumption Events on Private Property” on the agenda for City Council discussion and introduced the item. 16 public participants voiced opinions – in favor and opposition of permitting cannabis events with consumption.
•The City Council determined (4-0 O’Donnell Absent) that an ordinance should be prepared for consideration to regulate and permit temporary cannabis events on private property and directed staff to proceed with necessary amendments to the Municipal Code and Development Code.

Temporary Cannabis Events

The proposed ordinance will amend the proposed Municipal Code Chapter 8.12, Smoking in Public Places, as follows:

Section 8.12.040 Exceptions - Areas Where Smoking is Permitted The following areas are exempt from the mandatory no-smoking provisions of this chapter, and permit smoking.
The designated consumption area of a temporary cannabis event that is permitted pursuant to Chapter 18.76.

Chapter 8.12, Smoking in Public Places

Chapter 18.76 Temporary Use Permits Section 18.76.010. -is amended:
•Temporary Cannabis Events permitted subject to the proposed section

18.76.015.
•A nonrefundable application fee must be paid with any application (existing TUP – Zoning Administrator application fee = $1,305). •For the purposes of temporary cannabis events “applicable law” excludes the regulation of cannabis under the federal Controlled Substances Act. •A typo referencing Section 18.040.060B is updated to correctly reference Section 18.040.060.A. which outlines Zoning Administrator public hearing requirements.

Temporary Cannabis Events

New Section 18.76.015. Temporary Cannabis Events:
•“Temporary cannabis event” shall mean a temporary event that includes onsite sale and/or consumption of cannabis goods in compliance with Section 26200(e) of the California Business and Professions Code, Chapter 5, Division 19, of Title 4 of the California Code of Regulations (commencing at Section 15000) and the new TUP sections of the Vista Dev. Code. •The ordinance establishes a permitting process for Cannabis TUPs through a Zoning Administrator - Public Hearing on privately owned property Zoned C-1, 2or3; M-1 or properties designated for
Commercial or Industrial uses in Specific Plans –
(prohibited at existing cannabis dispensary locations).

Temporary Cannabis Events

Chapter 18.76 TUPs Cannabis Events - New Sec. 18.76.015. (continued) •Applicant must comply with business license requirements, have an event organizer license from the California Department of Cannabis Control (DCC), a state temporary cannabis event license (DCC), and any retailer must also possess a valid commercial adult use cannabis business license (Chpt. 5.95) and sales must comply with required tax provisions of the Code.
•Applications must provide a designated on-site ride share area (i.e. Uber/Lyft) in addition to describing how parking will be provided.
•Event Duration. Events can be 1 day or 2 consecutive days: temporary cannabis event permits cannot cumulatively exceed 24 days per calendar year; and no more than 12 temporary cannabis events per calendar year may occur at the same private property site.

Temporary Cannabis Events

Chapter 18.76 TUPs Cannabis Events - New Sec. 18.76.015. (continued) •Event locations must be more than 1,000 feet from residential, park, church or school uses.
•The City must advertise the Zoning Administrator Public Hearing by publishing 10-day advance notification in a newspaper and by providing mailed notices to all property owners within 500 feet of the event location, and notice posted on-site. •Cannabis consumption can’t be visible from any public place or non-age restricted area.
•The temporary cannabis event must be restricted to persons 21 years of age or older. •Sale or consumption of alcohol and tobacco is prohibited. •Cannabis goods sold at events must be transported to and from an event by a licensed distributor.

Temporary Cannabis Events

Chapter 18.76 TUPs Cannabis Events - New Sec. 18.76.015. (continued) •Consumption must be expressly authorized in the state temporary cannabis event license, otherwise only the sale of cannabis goods by licensed retailers at the event is permitted. If consumption is permitted, it shall only occur in a designated area and an on-site certified emergency medical technician (EMT) must be provided for the duration of the event.
•Only state-licensed cannabis retailers are authorized to conduct sales of cannabis goods at a temporary cannabis event. Retailers must comply with all state law requirements authorizing on-site cannabis sales and consumption at temporary cannabis events (must be locally licensed for sale also).

Temporary Cannabis Events

Chapter 18.76 TUPs Cannabis Events - New Sec. 18.76.015. (continued) •Cannabis event organizers must provide licensed security services at events whenever cannabis goods are available for sale or cannabis consumption is allowed; and Security Personnel must be at least 21 years of age. •The cannabis event must use a driver’s license scanner to verify age and authenticate patron IDs prior to providing event access. •Applicants must provide a certificate of insurance naming the City as additional insured, minimum $2 million, or an amount specified by Zoning Administrator,. •All waste from an event must be disposed of in designated waste receptacles and in accordance with state law.
•Events to comply with Noise Ordinance and hours are limited to 9 a.m. to 10 p.m.

Temporary Cannabis Events

Chapter 18.76 TUPs Cannabis Events - New Sec. 18.76.015. (continued) •City Staff, including Sheriff’s and code enforcement officers, shall be provided unrestricted access to events for inspections to ensure compliance with all code and permit requirements and laws.
•A temporary cannabis event permit may be immediately revoked if:
(1)there is a significant violation requirements of the ordinance or conditions of permit approval;
(2)the event poses a threat to public health or safety; or (3)the permit was issued in error or contrary to law.

Upon revocation, the event organizer may not re-apply for a period of 1 year.

Temporary Cannabis Events

•The Planning Commission reviewed this at a public hearing on May 7, 2024, there were 5 public speakers in opposition; and, voted 5-1-1 in support, and adopted a resolution recommending City Council approval of the ordinance.
•Recommendation is for City Council to open, conduct and close a public hearing to receive testimony; and,
•Adopt an Ordinance Amending Chapter 8.12 of the
Municipal Code (Smoking) and Chapter 18.76 (TUPs) of the Development Code relating to Temporary Cannabis Events.

Planning Commission Review

PH2: Temporary Cannabis Events Ordinance
Planning Case No. P24-0107 – City of Vista
City Council Public HearingMay 28, 2024

Vista City CouncilMay 28, 2024

Vista City Council
May 28, 2024