August 2, 2017
FROM: MIKE SANCHEZ, AICP, Assistant Director
Development Services Division
THROUGH: BONIQUE EMERSON, AICP, Planning Manager
Development Services Division
BY: BRUCE BARNES, Project Manager
Development Services Division
SUBJECT
Title
CONSIDER Text Amendment Application No. TA-17-006 and the related environmental finding to address recreational marijuana operations, dispensaries, sales, and public consumption by prohibiting them in all zone districts within the City
1. RECOMMEND APPROVAL to the City Council of Environmental Assessment No. TA-17-006 prepared for this matter approving a Finding of No Possibility pursuant to Section 15061 (b)(3) of the Environmental Quality Act Guidelines
2. RECOMMEND APPROVAL to the City Council of the adoption of Text Amendment Application No. TA-17-006
Body
EXECUTIVE SUMMARY
Text Amendment Application No. TA-17-006 proposes amendments to Section 15-2739 of the Municipal Code which pertain to marijuana regulations. The amendment specifically proposes to a) define “Marijuana”, “Marijuana Dispensary”, a “Commercial Marijuana Operation” and “Consumption of Marijuana”, b) prohibit “consumption of marijuana” in public c) prohibit “marijuana dispensaries” in all zone districts in the City and d) prohibit “commercial marijuana operations” in all zone districts in the City, with the exception of laboratory testing in industrial districts. The City Council adopted Resolution No. 2017-175 on June 22, 2017 to initiate this text amendment.
BACKGROUND
The current code allows for the use of medical marijuana to the extent that such use is consistent with State and Federal law. This text amendment defines Marijuana, Marijuana Dispensaries, and Commercial Marijuana Operations, and prohibits the consumption of marijuana in public and prohibits marijuana dispensaries and commercial marijuana operations in all zone districts in the City of Fresno. There is, however, an exception that laboratory testing of marijuana be permitted in the City’s industrial zone districts.
Public Notice and Comment
A Public Hearing Notice was published in the Fresno Bee on July 21, 2017. No comments have been received to date.
Airport Land Use Commission
This item will be heard on August 7, 2017 by the Airport Land Use Commission.
ENVIRONMENTAL FINDINGS
An environmental assessment was prepared for the project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines.
The State Guidelines for the implementation of the California Environmental Quality Act provide for the exemption of projects which have no potential for causing a significant effect on the environment. More specifically, Section 15061 (b) (3) of the CEQA Guidelines states: “…CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.”
The City of Fresno has determined that a Finding of No Possibility that the project will have impacts on the environment pursuant to Section 15061 (b)(3) of the Environmental Quality Act Guidelines is appropriate for the proposed text amendment. Given that the proposed text amendment will prohibit recreational marijuana operations, dispensaries, sales, and public consumption in all zone districts within the City of Fresno, these restrictions will not result in a change to the physical environment.
FRESNO MUNICIPAL CODE FINDINGS
Pursuant to the Fresno Municipal Code (FMC), the Planning Commission shall not recommend and the City Council shall not approve an application unless the proposed amendment meets the following criteria:
Development Code Text Amendment findings:
1. The Code Text Amendment is consistent with the General Plan and any applicable operative plans.
The proposed project is consistent with the Fresno General Plan. For example, one of the 17 goals of the General Plan is to “Protect and improve public health and safety.” The prohibitions in this text amendment clearly meet this goal.
2. The amendment is consistent with the purpose of the Development Code to promote the growth of the City in an orderly and sustainable manner and to promote and protect the public health, safety, peace, comfort and general welfare.
The proposed project also meets the goal of “Promoting a city of healthy communities and improves the quality of life in established neighborhoods.”
CONCLUSION
The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the Fresno General Plan and other applicable operative plans and its avoidance or mitigation of potentially significant adverse environmental impacts. These factors have been evaluated as described above and by the accompanying environmental assessment. Upon consideration of this evaluation, it can be concluded that Text Amendment Application No. TA-17-06 is appropriate for the City of Fresno. Action by the Planning Commission will be a recommendation to City Council.
Attachments
1. Finding of No Possibility pursuant to Section 15061 (b)(3) of the Environmental Quality Act Guidelines
2. Text Amendment Application No. TA-17-006
3. Resolution relating to Marijuana