HomeMy Public PortalAbout18-1825 - Adopting a Text Amendment to the Zoning Ordinance, Section 9141.1 Commercial CannabisORDINANCE NO. 18-1825
AN ORDINANCE OF THE CITY OF CARSON, CALIFORNIA, ADOPTING A TEXT
AMENDMENT TO THE ZONING ORDINANCE, AMENDING SECTION 9141.1 (USES
PERMITTED) OF PART 4 (INDUSTRIAL ZONES), 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, Focal Strategic Investments, LLC, a California limited liability company ("Developer"),
desires to undertake the development of approximately 0.66 net acres of real property with an address
of 17505 South Main Street, City of Carson, Assessor Parcel No. 7339-003-900 ("Site"); and
WHEREAS, Developer proposes to develop the Site with two one-story buildings totaling
approximately 13,557 sq. ft. to be used for commercial cannabis operations including cultivation,
manufacturing, and storage of residual materials from cannabis cultivation ("Project"); and
WHEREAS, the Developer has made a request for Zone Text Amendment No. 29-2018 ("ZTA") to
expressly allow cannabis uses within industrial 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
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
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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 no approval of the ZTA on a 4-5 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. 29-2018 was to be considered a project for purposes of CEQA analysis, it
can be seen with certainty that Zone Text Amendment No. 29-2018 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. 29-2018. 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. 18-159 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 15/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. 29-2018 promotes and protects the health, safety, welfare, and quality of life of City
residents, including protection against nuisances; and
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.,
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Section 1. The recitals set forth above are all true and correct and are incorporated herein
by this reference.
Section 2. Section 9141.1 (Uses Permitted) of Division 1 (Uses Permitted) of Part 4
(Industrial Zones) of Chapter 1(Zoning) of Article IX (Planning and Zoning) of the Carson Municipal Code
is hereby amended by adding underlined text and by subtracting strike -through text, with all other text
remaining unchanged as follows:
"USES PERMITTED IN INDUSTRIAL 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)
DA.
Use permitted upon approval of
a Development Agreement b
the City Council subject to the
requirements contained in CMC
Chapter 15, Article VI
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Note: In the following list, industrial activities are classified by product, by materials used, by use, and by
processes employed. Since many industrial uses are complex in nature, it is necessary to consider all
thFee-(3) of the above-mentioned elements in classifying any specific industrial use. Uncertainties as to
the proper classification for a specific use are to be resolved through Interpretations adopted in
accordance with CMC 9172.24.
ZONES
ML MW
Commercial Cannabis [See CMC Chapter 15, Article V11 DA DA
d
Section 4. 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 S. 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 6. This ordinance shall be in full force and effect thirty (30) days after its passage.
PASSED, APPROVED, and ADOPTED this 4`h day of December, 2018.
APPROVED AS TO FORM:
01007.0005/521123.4
CITY OF CARSON:
ATTEST:
Donesia Gause-Aldana, MMC, City Clerk
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES
CITY OF CARSON )
I, Donesia Gause-Aldana, City Clerk of the City of Carson, California, hereby attest to and certify that the
foregoing ordinance, being Ordinance 18-1825 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, 5antarina, Davis—Holmes
NOES: COUNCIL MEMBERS: Hicks
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Donesia Gause-Aldana, MMC, City Clerk
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