File #: ORD 22-020    Name:
Type: Ordinance Status: Scheduled PM
File created: 5/10/2022 In control: Board of Supervisors
On agenda: 5/17/2022 Final action: 5/17/2022
Title: Introduce, waive reading of, and set May 31, 2022 at 10:30 a.m. as the date and time to consider adoption of a standalone ordinance to establish the Provisional Cannabis Business Permit. Proposed CEQA action: Find that the draft Ordinance is not a project subject to CEQA.
Attachments: 1. Board Report, 2. A. Draft standalone ordinance (signed version), 3. Presentation Item No. 23, 4. Completed Board Order Item No. 23
Title
Introduce, waive reading of, and set May 31, 2022 at 10:30 a.m. as the date and time to consider adoption of a standalone ordinance to establish the Provisional Cannabis Business Permit.

Proposed CEQA action: Find that the draft Ordinance is not a project subject to CEQA.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:

Introduce, waive reading of, and set May 31, 2022 at 10:30 a.m. as the date and time to consider adoption of a standalone ordinance to establish the Provisional Cannabis Business Permit.

SUMMARY
On March 8, 2022, Citygate & Associates, LCC (Citygate) presented an overview of its Organizational Study of the Current Cannabis Program report to the Board of Supervisors (Board), including 16 numbered recommended changes to the Program. After the presentation, the Board directed staff to seek input on the Citygate recommendations from the Board's Cannabis Committee (Committee). Staff presented their input on Citygate's recommendations to the Committee on April 7, 2022. The Committee directed staff to present their input to the Board without modification. The bulk of this input has been incorporated into a separate report. This report focuses specifically on Citygate Recommendation #5: "Enter agreements with provisional operators in Good Standing to contractually obligate them to complete required site improvements, mitigations, and conditions. Issue cannabis business permits to each provisional operator upon completion of the cannabis business permits applications and execution of the agreement." (Attachment B at p. 58.)

While Citygate's recommendation is appreciated, staff has concluded that it is not workable as proposed for two reasons. First, there are important state and federal regulatory requirements that cannot be deferred. Examples include public water system requirements, permanent flush toilets, and fire suppression requirements. Staff is also concerned that implementing this recommendation could set an u...

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