SU0011941 - Laserfiche WebLink

Home Browse Search

Analysis Background On July 10, 2018, The Board of Supervisors held a public meeting to introduce and waive reading of a commercial cannabis business ordinance (Title 4, Division 10, Chapter 1 Commercial Cannabis Business). At that meeting, the Board directed staff to prepare a Development Title Text amendment to revise the San Joaquin County Code of Ordinance Title 9 Development Title consistent with the Title 4 Commercial Cannabis Business ordinance following its adoption. Also on July 10, 2018, San Joaquin County approved an amended special tax to be placed on the November 6, 2018, ballot to provide long term funding for early childhood education and other programs for children, and youth, such as childhood literacy, drug prevention, gang reduction, and after-school programs, as well as public health, public safety, and cannabis enforcement by taxing all commercial cannabis activity in the unincorporated County. The Title 4 ordinance will only become operative if the Commercial Cannabis Business Tax (Measure B) passes by a 2/3 majority on November 6, 2018. On August 7, 2018, San Joaquin County adopted the Title 4, Division 10, Chapter 1 Commercial Cannabis Business ordinance allowing all types of medical and adult-use commercial cannabis businesses except outdoor cultivation and cannabis events in -the unincorporated County with specific license, operating, and land use requirements. Under the adopted Title 4 Commercial Cannabis Business Ordinance, for a business to operate at a specific locati-on in the unincorporated County it must obtain a California Annual State License and a County Cannabis License for its specific type of operation: Cultivator License, Distributor License, Manufacturer License, Retailer License, or Testing Laboratory License, To receive its County Cannabis License, the business must obtain the appropriate land use permit and complete all conditions of approval for- that permit. An approved Commercial Cannabis Business may be on its own approved parcel or be within a Cannabis Business Park. The Title 4 Commercial Cannabis Business Ordinance defines a "Cannabis Business Park" as a contiguous area with an approved Special Purpose Plan "that is specially designated, designed, and landscaped to safely allow and accommodate Commercial Cannabis Licensees in compliance with this Chapter and State law." The proposed Development Title Text Amendment to add Title 9, Division 10, Chapter 9-1090 as directed by the Board of Supervisors will provide land use regulations for medical and adult-use commercial cannabis businesses consistent with the Title 4 ordinance. Chapter 9-1090 includes specific land use permit regulations which may include specific locational criteria and/or public service requirements, in addition to development requirements. Commercial cannabis businesses are not permitted in any residential zone. This commercial cannabis ordinance (Title 9, Division 10, Chapter 9-1090) will only be adopted if the Commercial Cannabis Tax passes and is operative as long as Title 4 remains operative. Personal cannabis cultivation and use are regulated through Title 4, Division 10, Chapter 3 and is not subject to Chapter 9- 1090. Land Use Permits All commercial cannabis related uses which include Cannabis Cultivation, Cannabis Distribution, Cannabis Manufacturing, Cannabis Retail Sales, but excluding Cannabis Laboratory Testing, may be conditionally San Joaquin County PA-1800249/San Joaquin County Community Development Page 3