SR 12-05-2017 7B
City Council Report
City Council Meeting: December 5, 2017
Agenda Item: 7.B
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To: Mayor and City Council
From: David Martin, Director, City Planning
Subject: Introduction for First Reading of an Interim Zoning Ordinance Extending
Interim Zoning Ordinance 2557 (CCS) Making Necessary Interim Changes to
the Zoning Ordinance to Authorize Medicinal Cannabis Retailers and
Medicinal Cannabis Light Manufacturing Within Certain Zoning Districts
Recommended Action
Staff recommends that the City Council introduce for first reading an Interim Zoning
Ordinance extending Interim Zoning Ordinance 2557 (CCS) to April 20, 2020.
Executive Summary
On October 24, 2017, Council adopted the initial interim ordinance that made necessary
interim changes to the Zoning Ordinance to authorize medicinal cannabis retailers and
medicinal cannabis light manufacturing within certain zoning districts. The interim
ordinance is set to expire on January 23, 2018. The proposed interim ordinance
extension would continue, until April 20, 2020, to ensure consistency between Zoning
Ordinance regulations and State law regarding medicinal cannabis and to authorize
limited light manufacturing of medicinal cannabis.
Background
During a study session on March 7, 2017, regarding an overall approach to cannabis
regulations, Council directed staff to draft an ordinance amending the Santa Monica
Municipal Code to address changes in State law related to cannabis regulations and to
consider options for allowing certain cannabis-related light manufacturing.
Consistent with Council’s prior direction and in order to expeditiously allow certain types
of additional medicinal cannabis light manufacturing activities and to update cannabis
definitions to align with State law, on October 24, 2017, Council adopted an interim
ordinance that effected the following revisions to the Zoning Ordinance:
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Replaced the term “medical marijuana dispensary” with “medicinal cannabis
retailer” throughout the Zoning Ordinance;
Created a definition for “medicinal cannabis retailer” to replace the definition for
“medical marijuana dispensary” to conform with State law;
Removed certain requirements for medicinal cannabis retailers for consistency
with State law and to allow for separate regulation and rulemaking; and
Modified the definitions of “industry, limited” to allow for medicinal cannabis light
manufacturing.
The interim ordinance became effective on November 24, 2017, and pursuant to Santa
Monica Municipal Code (SMMC) Section 9.46.090(C) is set to expire on January 23,
2018. The City Council may extend the interim ordinance beyond January 23, 2018 for
up to 60 months in accordance with SMMC 9.46.090(C).
Discussion
The October 10, 2017, Council report provides background information as to the intent
of this ordinance. Adoption of the interim ordinance extending the initial interim
ordinance would maintain amendments to certain provisions of the Zoning Ordinance
ensuring consistency with the State law provisions that have occurred since the Zoning
Ordinance adoption in 2015 and removing certain provisions that are duplicative of
State Law. It would also provide for light manufacturing of medicinal cannabis products
providing greater access to patients in need while protecting public health, safety, and
general welfare by prohibiting manufacturing that uses volatile solvents.
The initial interim ordinance is set to expire on January 23, 2018. The proposed interim
ordinance would extend the term for an additional 27 months. Prior to the expiration of
the extended interim ordinance on April 20, 2020, staff would undertake more
comprehensive review and community engagement with the Planning Commission and
then return to Council with a more permanent solution for adult use of cannabis. This
interim period will also likely include further changes in State law, which will be
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monitored by staff, and also provide opportunity for examining implementation of adult
use cannabis in other jurisdictions.
Environmental Analysis
The proposed interim ordinance is categorically exempt from the provisions of California
Environmental Quality Act (CEQA) pursuant to 15061(b)(3) of the State Implementation
Guidelines (common sense exemption). Based on the evidence in the record, it can be
seen with certainty that there is no possibility that the proposed interim ordinance may
have a significant effect on the environment. The recommended interim ordinance
extends a previously adopted interim ordinance. Therefore, no further environmental
review under CEQA is required.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the
recommended action.
Prepared By: Tony Kim, Principal Planner
Approved
Forwarded to Council
Attachments:
A. October 24, 2017 Council Staff Report (web link)
B. October 10, 2017 Council Staff Report (web link)
C. March 7, 2017 Council Staff Report (web link)
D. Ordinance
E. Powerpoint Presentation
CITY COUNCIL MEETING Item 7.B
IZO 2557 Extension
December 5, 2017
Extension of Interim Ordinance 2557 (CCS)
Medicinal Cannabis
(Item 7.B)
CITY COUNCIL
December 5, 2017
CITY COUNCIL MEETING Item 7.B
IZO 2557 Extension
December 5, 2017
Oct 24, 2017:Council adopted initial interim ordinance to
authorize medicinal cannabis retailers and
medicinal cannabis light manufacturing in
certain zoning districts
Jan 23, 2018:Interim ordinance expires
Background Discussion Recommendation
CITY COUNCIL MEETING Item 7.B
IZO 2557 Extension
December 5, 2017
1447
Background Discussion Recommendation
•Proposed interim ordinance would extend the term until
April 20, 2020
•Prior to the expiration of the extended interim ordinance:
•Request for Applications for medicinal cannabis dispensaries to be
posted in 2-3 weeks followed by a selection process
•Conduct more comprehensive review and community engagement
with the Planning Commission
•Return to Council with a more permanent solution for adult use of
cannabis
•Monitor further changes in State law
•Examine implementation of regulations in other jurisdictions
CITY COUNCIL MEETING Item 7.B
IZO 2557 Extension
December 5, 2017
1447
829
Background Discussion Recommendation
Recommend that the City Council introduce for first reading an
ordinance extending Interim Zoning Ordinance 2557 (CCS).
CITY COUNCIL MEETING Item 7.B
IZO 2557 Extension
December 5, 2017
Extension of Interim Ordinance 2557 (CCS)
Medicinal Cannabis
(Item 7.B)
CITY COUNCIL
December 5, 2017