Title
REF150048 - CANNABIS REGULATIONS - SETBACKS
Public hearing to consider coastal and non-coastal zoning ordinances amending setback requirements between:
a. Commercial cannabis retailers (dispensaries); and
b. All commercial cannabis activities and schools, public parks, playgrounds, day care centers, and youth centers.
Project Location: County Wide
Proposed CEQA Action: Statutorily Exempt pursuant to Business and Professions Code Section 26055(h), and Section 15282 of the CEQA Guidelines.
Report
PROJECT INFORMATION:
Planning File Number: REF150048 (Cannabis Regulations - Setbacks)
Plan Area: County-wide
RECOMMENDATION:
It is recommended that the Planning Commission adopt a resolution (Exhibit A) recommending that the Board of Supervisors:
a. Find the ordinances statutorily exempt from the California Environmental Quality Act pursuant to Business and Professions Code Section 26055(h) and Section 15282 of the CEQA Guidelines;
b. Adopt an ordinance amending Title 21 (non-coastal zoning ordinance) of the Monterey County Code to:
1) Amend Section 21.64.040.B.3 of the Monterey County Code deleting the requirement for a 1,500-foot setback between commercial cannabis retailers and instead requiring a finding of public convenience or necessity for all commercial cannabis retailer Use Permits; and
2) Amend definitions, regulations and required findings for setbacks contained in Chapter 21.67 of the Monterey County Code to remove the setback from drug recovery facilities and add a 600-foot setback from day care centers and youth centers consistent with state law for all types of commercial cannabis activities, and for retailer facilities, to remove the 600-foot setback from public parks (e.g., large open spaces such as state parks, regional parks, county parks), but add a 600-foot setback from all playgrounds (Attachment 1 to Exhibit A); and
c. Adopt a resolution of intent to adopt an ordinance amending the Monterey County Coastal Implementation Plan, Part 1 and P...
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