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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 10/25/2018 1 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. 10/25/2018 2 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. 10/25/2018 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 Proposed Ordinance 3 Text Amendments Section 5.95 Cannabis Delivery Services - Repealed 16.62.060.A. - Except as provided in Section 16.62.070 related to deliveries into the City of Arroyo Grande, all commercial cannabis activity, including but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. 10/25/2018 4 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.) 10/25/2018 5 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 10/25/2018 6 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 10/25/2018 7 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 10/25/2018 8 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. 10/25/2018 9