PC R 18-2306 RESOLUTION NO. 18-2306
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARROYO GRANDE RECOMMENDING THE CITY COUNCIL ADOPT AN
ORDINANCE AMENDING CHAPTER 16.62 OF TITLE 16 AND
REPEALING CHAPTER 5.95 OF TITLE 5 OF THE ARROYO GRANDE
MUNICIPAL CODE RELATING TO CANNABIS DELIVERY SERVICES;
DEVELOPMENT CODE AMENDMENT CASE NO. 18-002; LOCATION —
CITYWIDE
WHEREAS, on January 26, 2016 the City Council of the City of Arroyo Grande adopted
Ordinance No. 675 which added Chapter 16.62 to Title 16 of the Arroyo Grande
Municipal Code (AGMC), prohibiting medical marijuana dispensaries, cooperatives and
collectives, deliveries of medical marijuana, and the cultivation of marijuana within the
City; and
WHEREAS, the City Council subsequently determined that it was appropriate to allow
limited cultivation and strictly regulated deliveries of medical marijuana and on June 28,
2016, adopted Ordinance 678, amending AGMC Chapter 16.62 to allow limited indoor
cultivation of medical marijuana and adding Chapter 5.95 relating to delivery services;
and
WHEREAS, on November 9, 2016, the Adult Use of Marijuana Act (AUMA), also known
as Proposition 64, became effective, authorizing certain personal use and cultivation of
marijuana at a private residence and creating a state licensing and regulatory scheme
for various commercial marijuana activities; and
WHEREAS, On October 10, 2017, City Council adopted Ordinance 687 to amend and
clarify the provisions in the AGMC relating to marijuana (cannabis) in order to continue
to prohibit all commercial cannabis activity within the City of Arroyo Grande, except for
limited delivery as permitted by Chapter 5.95, to ban outdoor cannabis cultivation and
reasonably regulate indoor cannabis cultivation; and
WHEREAS, the State has implemented a new comprehensive licensing and regulatory
system for cannabis based upon emergency regulations adopted in December 2017,
and June 2018, including the adoption of regulations requiring background checks of
licensees, requirements related to premises, testing and quality control of cannabis, a
"track and trace" system for all commercial cannabis activity, and procedures relating to
delivery; and
WHEREAS, the City Council of the City of Arroyo Grande desires to amend the
provisions in the AGMC relating to cannabis in order to delete the City's Cannabis
RESOLUTION NO. 18-2306
PAGE 2
Delivery Services local licensing regulations and instead allow deliveries by State
licensed cannabis retailers; and
WHEREAS, on June 12, 2018, the City Council of the City of Arroyo Grande directed
the development of an Ordinance to modify the Arroyo Grande Municipal Code to
implement this desire; and
WHEREAS, the Planning Commission has considered Development Code Amendment
18-002 at a duly noticed public hearing on July 17, 2018; and
WHEREAS, the Planning Commission finds, after due study, deliberation, and public
hearing, that the following Development Code Amendment findings can be made in an
affirmative manner:
A. The proposed changes to Title 16 and Title 5 of the Municipal Code will maintain
consistency with the Adult Use of Marijuana Act (Proposition 64), will remove a
duplicative local permitting process for cannabis deliveries into the City, and will
allow deliveries into the City by State licensed cannabis retailers only.
B. The proposed revisions to Title 16 and Title 5 will not adversely affect the public
health, safety, and welfare or result in an illogical land use pattern.
C. The proposed revisions to Title 16 and Title 5 are consistent with the respective
purposes of those Titles, satisfy the intent of Chapters 16.62 and 5.95 of the
Municipal Code, and provide for internal consistency
D. The proposed revisions to Titles 16 and 5 are exempt from review under the
California Environmental Quality Act (CEQA) per Section 15061(b)(3) (general
rule) and 15308 (actions by regulatory agencies for the protection of the
environment) of the CEQA Guidelines.
NOW THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby recommends the City Council adopt an Ordinance approving
Development Code Amendment No. 18-002 amending Title 16 and repealing Chapter
5.95 of the Arroyo Grande Municipal Code as attached hereto as Exhibit "A" and
incorporated herein by this reference.
On a motion by Commissioner Martin, seconded by Commissioner Schiro, and by the
following roll call vote to wit:
AYES: Martin, Schiro, Fowler-Payne, Mack, George
NOES: None
ABSENT: None
The foregoing Resolution was adopted this 17th day of July, 2018.
RESOLUTION NO. 18-2306
PAGE 3
GLENN MARTIN
CHAIR
ATTEST:
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__ ___MA_T--THEW DOWNING
SECRETARY TO TH COMMISSION
AS TO CONTENT:
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TERE CCLISH
COMMUNITY DEVELOPMENT DIRECTOR