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City limits based on concerns about such activities. They are each concerned that cannabis businesses allowed under the County's Title 4 and, accordingly, the proposed Text Amendment to Title 9, could be in close proximity and in some cases immediately adjacent to City limits. The City of Lodi requests that it be allowed to deny any application for a commercial cannabis business within 1 mile of City limits and have an opportunity to comment on any application for a commercial cannabis business within 3 miles of City limits. The City of Lathrop requests that the proposed Text Amendment be amended to ban all commercial cannabis businesses within "at least 1 mile" of cities that have banned commercial cannabis activities and to provide automatic notification to any city of an application for a commercial cannabis business within 3 miles of a city's boundaries. The County cannot agree to the City of Lodi's request that they, or any city, have the power to deny an application for a commercial cannabis business within the unincorporated County. It would be improper and contrary to public policy for the County to allow a city to deny a project application in the County because it would amount to the County surrendering its power to approve under Title 9 and, therefore, Title 4, to that city. In regards to the City of Lathrop's request that the proposed Text Amendment be revised to create a buffer around any city that has banned commercial cannabis activities there are two issues. First, that such a revision-would make the proposed Text Amendment inconsistent with the Board of Supervisors' direction to revise Title 9 to be consistent with the Title 4 Commercial Cannabis Business Ordinance. The Title 4 ordinance does not include a buffer or limitation on businesses around incorporated cities, whether or not they ban commercial cannabis activities. Additionally, because any cities could change its ordinance at any time to allow or disallow some or all commercial cannabis activity consistent with State law, it would be difficult or impossible for Title 9 and CDD to track and to limit land use permits. Additionally, changes in city ordinances and, therefore, of County approval at different stages of processing, approving, and perfecting such permits would create unacceptable risks for both applicants and the County. -In regards to the Cities' requests for notification of any application for a commercial cannabis business under Chapter 9-1090 within 3 miles of its boundaries, that is a request that can be made to CDD by any city without an amendment to the proposed Text Amendment. CDD often complies with standing requests for notification of certain types of applications and could do so for commercial cannabis business applications under Chapter 9-1090. Notice of Exemption California Environmental Quality Act Section (CEQA) 15061(b)(3) states that a project is exempt from CEQA if the local agency determines that the activity has no potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may cause a significant effect on the environment, the activity is not subject to CEQA and, therefore, exempt from CEQA. CDD has determined that the proposed text amendment has no potential for causing a significant effect on the environment because it is strictly an amendment to the Development Title and, additionally, each activity regulated by the amended text will be subject to CEQA. Accordingly, a Notice of Exemption will be filed by CDD if the text amendment is approved. San Joaquin County PA-1800249/San Joaquin County Community Development Page 6