Agenda Item Wording:
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Second reading and adoption of Ordinance No. 2023-13 for Zoning Text Amendment No. 2023-02, a request by the City of Visalia to amend Visalia Municipal Code Chapter 17.25, add Section 17.32.167, amend Chapter 8.64, and add Chapter 5.66 in order to address upcoming state mandated changes as a result of the passage of SB 1186, the “Medicinal Cannabis Patients’ Right of Access Act,” and establish objective standards for permitting delivery only medical marijuana retail establishments within the City of Visalia.
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Deadline for Action: 11/20/2023
Submitting Department: Community Development
Contact Name and Phone Number:
Devon Jones, Economic Development Manager, devon.jones@visalia.city <mailto:devon.jones@visalia.city>, 713-4190
Paul Bernal, Community Development Director, paul.bernal@visalia.city <mailto:paul.bernal@visalia.city>, 713-4025
Department Recommendation:
Staff recommends that the City Council conduct the second reading and adopt Ordinance No. 2023-13 for Zoning Text Amendment (ZTA) No. 2023-02.
Background Discussion:
On November 6, 2023, the City Council held a public hearing to consider ZTA No. 2023-02. This ZTA is a city-initiated request to address imminent state mandated changes as a result of the passage of SB 1186, the “Medicinal Cannabis Patients’ Right of Access Act” which becomes effective on January 1, 2024. After this date, “delivery only” (delivery of medicinal cannabis) businesses will be permitted, subject to reasonable zoning regulations for public health and safety, within the City of Visalia.
At the meeting, a total of two persons spoke, one in opposition to the agenda item wording and one person spoke in support of cannabis businesses at the City Council meeting. After closing the public hearing, the City Council voted (5-0) to conduct the First Reading of Ordinance No. 2023-13 for ZTA No. 2023-02. The second reading of the Ordinance is the final action the City Council takes in order for ZTA No. 2023-02 to take effect. Following the second reading and Council adoption, the ordinance will go into effect 30 days following adoption of the second reading.
Fiscal Impact:
None
Prior Council Action:
• On November 6, 2023, City Council voted (5-0) to conduct the first reading and public hearing for Ordinance No. 2023-13.
• On July 17, 2023, staff conducted a work session with City Council on this subject and gained authority to proceed with municipal code updates to Title 5 Business Regulations, Title 8 Health and Safety, and Title 17 Zoning.
Committee/Commission Review and Action:
On October 9, 2023, the Planning Commission adopted Resolution No. 2023-52 recommending that the City Council approve adoption of ZTA No. 2023-02.
Alternatives: The City Council, may in lieu of the recommendation motion, consider any of the following alternatives:
1. Deny the Zoning Text Amendment in whole or in part;
2. Return the items to the Planning Commission for further consideration.
Note that effective on January 1, 2024, “delivery only” (delivery of medicinal cannabis) businesses will be permitted to operate in the City of Visalia by state law SB 1186, regardless of City regulations in place or not.
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to conduct the second reading and adopt Ordinance No. 2023-13 for Zone Text Amendment No. 2023-02.
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CEQA Review:
The requested action is considered exempt under Section 15061(b)(3), Per Section 15061(b)(3) of the State Guidelines for the California Environmental Quality Act (CEQA). A Notice of Exemption has been prepared for the project because Section 15061 (b) (3) states that the project is exempted from CEQA if the activity is covered by the common sense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The proposed text amendment to establish objective standards for delivery only medical marijuana retail establishments will not have a significant effect on the environment.
Attachments:
1. Ordinance No. 2023-13 for Zoning Text Amendment No. 2023-02