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Home My Public Portal About18-1823 - Adopting Text Amendment to Zoning Ordinance, Section 9131.1 Commercial CannabisORDINANCE NO. 18-1823 AN ORDINANCE OF THE CITY OF CARSON, CALIFORNIA, ADOPTING A TEXT AMENDMENT TO THE ZONING ORDINANCE, AMENDING SECTION 9131.1 (USES PERMITTED) OF PART 3 (COMMERCIAL ZONES) OF CHAPTER 1 (ZONING) OF ARTICLE IX (PLANNING AND ZONING) OF THE CARSON MUNICIPAL CODE REGARDING COMMERCIAL CANNABIS WHEREAS, the California Constitution grants local governments in Article XI, Section 7 the authority under their police powers to regulate land use; and WHEREAS, On November 21, 2017 the Carson City Council adopted Ordinance No. 17-1637 to add Chapter 15 (Commercial Cannabis Operations Regulatory Program) to Article VI of the Carson Municipal Code, which authorizes no more than four (4) commercial cannabis centers, which may include indoor cultivation, mixed -light cultivation, manufacturing, testing and/or (wholesale) distribution; and WHEREAS, California state law under Proposition 64 provides that cities may regulate or enforce local commercial cannabis regulations through local code, and otherwise commercial cannabis uses are allowed pursuant to a state commercial cannabis license; and WHEREAS, Carson Ordinance No. 17-1637 provides for the issuance of local commercial cannabis permits for businesses located in the commercial and industrial zones of the City; and WHEREAS, the Zoning Code does not have express provisions governing the location and operation of Commercial Cannabis uses; and WHEREAS, California Processing Company, LLC, a California limited liability company ("Developer"), desires to undertake the development of approximately 3.7 net acres of real property described as the northwest corner of Alameda and 223rd Street in the City of Carson, California, with an address of 2403 E. 223rd Street, Assessor Parcel Nos. 7315-012-900 and 7315-012-804, ("Site"); and WHEREAS, Developer proposes to develop the Site with an approximately 220,000 sq. ft., four- story tilt -up concrete building to be utilized specifically for commercial cannabis operations related to: 1) manufacturing; 2) small scale cultivation for nursery or research and development purposes; 3) warehousing, transportation and distribution and delivery (to the extent permitted by State law and the Carson Municipal Code); 4) laboratory testing and compliance operation; and 5) any other use permitted by City law whether cannabis related or not ("Project"); and WHEREAS, the Developer has made a request for Zone Text Amendment No. 30-2018 ("ZTA") to expressly allow cannabis uses within commercial zones consistent with the provisions of City of Carson Ordinance No. 17-1637 (which allows four cannabis centers in the City as long as they are at least 750' from sensitive uses identified in the Ordinance) upon approval of a development agreement to allow the specific proposed cannabis uses; and ORDINANCE NO. 18-1823 Page 1 of 5 01007.0005/521106.5 WHEREAS, with approval of the ZTA, the Project will be expressly consistent with the Carson Zoning Ordinance and effectuate the establishment of a commercial cannabis use at the proposed site with approval of a development agreement; and WHEREAS, the proposed ordinance is consistent with General Plan Policy LU -6.7 to attract land uses that generate revenue to the City of Carson, while maintaining a balance of other community needs such as housing, open space, and public facilities. Commercial Cannabis uses meet the needs of the community and generate revenue to the City; and WHEREAS, the proposed ordinance is consistent with General Plan Policy LU -7.1 to review and amend if necessary, the City's Zoning Ordinance to ensure the compatibility of uses allowed within each zoning district. The proposed amendment establishes a use classification for Commercial Cannabis to ensure the express compatibility of Commercial Cannabis allowed within each zoning district; and WHEREAS, on October 30, 2018, the Planning Commission, held a duly noticed public hearing, as required by law, on the ZTA, took testimony, at which time it received input from staff, the city attorney, and the applicant; heard public testimony; discussed the proposed ZTA; and closed the public hearing and recommended to the City Council approval of the ZTA on a 5-4 vote; and WHEREAS, the City Council finds that this Ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to both the exemption provided by Section 26055(h) of the Business and Professions Code, as well as pursuant to the provisions of Section 15060(c)(2-3) of the CEQA Guidelines, and provisions of Section 15061(b)(3) of the CEQA Guidelines in the unlikely event that the Zone Text Amendment No. 30-2018 was to be considered a project for purposes of CEQA analysis, it can be seen with certainty that Zone Text Amendment No. 30-2018 will not result in a direct or reasonably foreseeable indirect physical change in the environment, and that there is no possibility of a significant effect on the environment because of Zone Text Amendment No. 30-2018. CEQA will be evaluated as part of a required development agreement necessary for any proposed commercial cannabis use in the commercial zones, pursuant to Chapter 15 (Commercial Cannabis Operations Regulatory Program) of Article VI of the Carson Municipal Code. WHEREAS, the City Council on November 20, 2018 in Resolution No. 18-158 adopted and certified an Initial Study and a Mitigated Negative Declaration ("IS/MND") and an associated Mitigation Monitoring and Reporting Program ("MMRP"), and determined that for purposes of the California Environmental Quality Act, the proposed Project will not have a significant effect on the environment because the proposed mitigation measures in the IS/MND and the adoption of the MMRP reduce all potentially significant impact to less than significant; and WHEREAS, on November 20, 2018, the City Council conducted a duly noticed public hearing on this Ordinance, all testimony received was made a part of the public record, and the City Council has duly considered all information presented to it; and WHEREAS, the City Council has determined that the proposed ZTA is consistent with the General Plan and applicable City Ordinances, and based on its own independent judgment, finds that Zone Text Amendment No. 30-2018 promotes and protects the health, safety, welfare, and quality of life of City residents, including protection against nuisances; and ORDINANCE NO. 18-1823 Page 2 of 5 01007.0005/521106.5 WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The recitals set forth above are all true and correct and are incorporated herein by this reference. Section 2. Section 9131.1 (Uses Permitted) of Division 1 (Uses Permitted) of Part 3 (Commercial Zones) of Chapter 1 (Zoning) of Article IX (Planning and Zoning) of the Carson Municipal Code is hereby amended by adding underlined text with all other text remaining unchanged as follows: "USES PERMITTED IN COMMERCIAL ZONES Legend X. Automatically permitted use. L. Automatically permitted use provided special limitations and requirements are satisfied as noted herein or in Division 8 of this Part. D. Use permitted subject to the approval of the Director. LD. Use permitted provided special limitations and requirements are satisfied as noted herein, in Division 8 of this Part and in Division 8 of Part 2, and subject to the approval of the Director. C. Use permitted upon approval of a conditional use permit. CC. Use permitted upon approval of the City Council as prescribed, under other provisions of the Carson Municipal Code. All commercial uses permitted by this Part shall be subject to the requirements contained in CMC 9172.23, Site Plan and Design Review, except temporary uses. (See CMC 9131.1). (Ord. 84-704) ORDINANCE NO. 18-1823 Page 3 of 5 01007.0005/521106.5 DA. Use permitted upon approval of I a_Development Agreement by the City Council subject to the requirements contained in CMC Chapter 15 Article VI ZONES CN CR JCG ICA IMU MU- -CS SB Commercial Cannabis (See CMC Chapter 15, Article V11 DA I DA I DA I Section 3. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional. Section 4. The City Clerk shall certify to the adoption of this Ordinance, and shall cause the same to be posted and codified in the manner required by law. Section S. This ordinance shall be in full force and effect thirty (30) days after its passage. PASSED, APPROVED, and ADOPTED this 4'" day of December, 2018. APPROVED AS TO FORM: 01007.0005/521106.5 ORDINANCE NO. 18-1823 Page 4 of 5 ATTEST: Donesia Gause-Aldana, MMC, City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES ] ss. CITY OF CARSON j I, Donesia Gause-Aldana, City Clerk of the City of Carson, California, hereby attest to and certify that the foregoing ordinance, being Ordinance 18-1823 passed first reading on the 201h day of November, 2018, adopted by the Carson City Council at its meeting held on the 4`h day of December, 2018, by the following roll call vote: AYES: COUNCIL MEMBERS: Robles, Hilton, Santarina, Davis—Holmes NOES: COUNCIL MEMBERS: Hicks ABSTAIN: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ! Donesia Gause-Aldana, MMC, City Clerk ORDINANCE NO. 18-1823 Page 5 of 5 01007.0005/521106.5