File #: PC 18-105    Name: REF150048 - Cannabis
Type: Planning Item Status: Agenda Ready
File created: 9/5/2018 In control: Planning / RMA
On agenda: 9/12/2018 Final action:
Title: REF150048 - CANNABIS ENTITLEMENTS AND DISPENSARY SETBACKS Public hearing to consider making a recommendation to the Board of Supervisors to adopt an ordinance to amend Title 21 (non-coastal zoning ordinance) and a resolution of intent to adopt Title 20 (coastal zoning ordinance) to: a. Change commercial cannabis activities (Includes: retailer, indoor and mixed light cultivation and nursery, volatile and non-volatile manufacturing, distribution, and testing) from a conditional use allowed subject to a Use Permit/Coastal Development Permit in each case within specified zoning districts, to a principal use allowed subject to an Administrative Permit/Coastal Administrative Permit in each case within the same specified zoning districts; b. Create an exception to the 1500-foot setback required between commercial cannabis retailers if applicant provides proof based on substantial evidence that special circumstances exist ("Minor Exception"); and c. Require a Use Permit/Coastal Development Pe...
Attachments: 1. Staff Report, 2. Exhibit A - Draft Resolution, 3. Exhibit B - Map Illustrating Community Areas, Rural Centers, and Large Shopping Centers, 4. Exhibit C - Map Illustration areas of a High Percentage of Youth, 5. Planning Commission Resolution of Intent
Title
REF150048 - CANNABIS ENTITLEMENTS AND DISPENSARY SETBACKS
Public hearing to consider making a recommendation to the Board of Supervisors to adopt an ordinance to amend Title 21 (non-coastal zoning ordinance) and a resolution of intent to adopt Title 20 (coastal zoning ordinance) to:
a. Change commercial cannabis activities (Includes: retailer, indoor and mixed light cultivation and nursery, volatile and non-volatile manufacturing, distribution, and testing) from a conditional use allowed subject to a Use Permit/Coastal Development Permit in each case within specified zoning districts, to a principal use allowed subject to an Administrative Permit/Coastal Administrative Permit in each case within the same specified zoning districts;
b. Create an exception to the 1500-foot setback required between commercial cannabis retailers if applicant provides proof based on substantial evidence that special circumstances exist ("Minor Exception"); and
c. Require a Use Permit/Coastal Development Permit for a proposed retail facility that does not comply with the 1,500 foot setback from another approved retail facility and when special circumstances do not exist ("Major Exception").
Proposed CEQA Action: Statutorily exempt pursuant to Business and Professions Code section 26055(h).
Report
PROJECT INFORMATION:
Planning File Number: REF150048 (Cannabis Regulations)
Project Location: County-wide
Plan Area: County-wide

RECOMMENDATION:
It is recommended that the Planning Commission recommend the Board of Supervisors:
a. Find the project is the adoption of commercial cannabis regulations that require subsequent discretionary permits that are themselves subject to CEQA review, and therefore is statutorily exempt from CEQA the pursuant to Business and Professions Code Section 26055(h).
b. Adopt an ordinance to amend Title 21 (non-coastal zoning ordinance) of the Monterey
County Code to:
i. Change commercial cannabis activities (Includes: retailer, indoor and mixed light cult...

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