CC 2018-07-24_10a DCA_Cannabis Delivery Services_PP Presentation
Consideration of
Development Code Amendment 18-002
Amendments to Chapter 16.62 of Title 16 and Repealing Chapter 5.95 of Title 5 Relating to Cannabis Delivery Services
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Background
January 2016 – Ord. 675 – prohibited cannabis in City
June 2016 – Ord. 678 – allow indoor cultivation of medical cannabis and cannabis delivery services
November 2016 – AUMA – authorized personal use and cultivation of cannabis
October 2017 – Ord. 687 – limited cannabis delivery services
June 2018 – Council directed to remove City permit requirements for deliveries – defer to state permits
July 17, 2018 – Planning Commission consideration and recommendation 5-0 of proposed Ordinance.
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WHY
Eliminates duplication with state rules.
Consistent with AUMA
Reduces impacts and costs to Police Dept.
Increases opportunities for cannabis delivery within the City
Maintains a measured approach to cannabis regulation while allowing options to reconsider the industry in the future.
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WHAT
Remove local permit requirements for cannabis delivery services.
Clarify that deliveries require State permits and that deliveries must originate from outside the City.
All other prohibitions regarding commercial cannabis activities will remain unaffected.
Proposed Ordinance
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Text Amendments
Section 5.95 Cannabis Delivery Services - Repealed
16.62.060.A. - Except as provided in Section 16.62.070 related to deliveries into the City of Arroyo Grande, all commercial cannabis activity, including but not limited to medical cannabis
collectives, cooperatives and dispensaries (including mobile dispensaries), cultivation, manufacture, distribution, processing, storying, laboratory testing, packaging, labeling, transportation,
or sale of cannabis and cannabis products, and the location of premises for any retail or non-storefront retail cannabis businesses, are not permitted in or upon any premises in the
City of Arroyo Grande.
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Text Amendments
16.62.070 - It shall be unlawful for any person to deliver cannabis or cannabis products or engage in activities that constitute delivery of cannabis or cannabis products anywhere within
the boundaries of in the City of Arroyo Grande, except for cannabis retail businesses with physical premises located outside of the City of Arroyo Grande that are licensed by the State
Bureau of Cannabis Control. unless the cannabis delivery service and each delivery driver is licensed in accordance with the provisions of Chapter 5.95 of this code. Notwithstanding
any provision of this chapter, nothing herein is intended to prohibit the transportation of cannabis or cannabis products on public roads by a licensee duly licensed and acting in compliance
with Division 10 of the Business and Professions Code (Business and Professions Code Sections 26000 et seq.)
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Latest Rules from the State
Friday, July 13, 2018 – BCC, DF&A, & DPH – published proposed regulations
Start of formal rulemaking process – 45 day public comment period
Much of regs clarify existing laws
Delivery employees will be able to deliver to any jurisdiction in the State – regardless of local rules
Unknown if loss of local control will be challenged
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Environmental Review
Reviewed in accordance with CEQA
Exempt per Section 15061(b)(3)
General rule that CEQA applies to projects which have the potential for causing significant effect on the environment
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Public Notification
Public Hearing notice published in The Tribune and posted at City Hall/Website
Agenda posted in accordance with GC § 54954.2
No comments received
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Recommendation
The Planning Commission recommends that the City Council adopt an Ordinance amending portions of Title 16 and repealing Chapter 5.95 of the AGMC regarding cannabis delivery services.
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