To: MAYOR AND CITY COUNCIL
From: ELIZABETH HAUSE, ASSISTANT TO THE CITY MANAGER
TITLE
title
DISCUSSION AND POSSIBLE ACTION ON CANNABIS REGULATIONS RELATED TO RETAIL LOCATION REQUIREMENTS AND BUFFER ZONES
end
EXECUTIVE SUMMARY
On June 21, 2022, the City Council approved an agreement with HdL Companies (HdL) to review the City’s draft cannabis regulatory ordinances and to, subsequently, assist with the development of an application process and guidelines (Guidelines) for future cannabis permits. The City Council adopted the Cannabis Regulatory Ordinances on September 6, 2022, which included specific location regulations related to retail cannabis businesses.
On May 16, September 5, and December 19, 2023, the City Council discussed the draft Guidelines developed by HdL and provided direction to staff on proposed revisions and requested further research be conducted. Most recently, at the December 19, 2023 meeting, staff was directed to return to City Council with a discussion item revisiting the buffer maps and location regulations outlined in the City’s Ordinances. In particular, Council wanted to discuss buffers along portions of Artesia Boulevard, around Dale Page Park, and areas near the intersection of Manhattan Beach Boulevard and Inglewood Avenue. Included in this report is a history of the development of the buffer areas, current parameters as outlined in the Ordinances, and an updated buffer map reflecting current regulations. This item provides the City Council an opportunity to review the buffer areas and provide direction to staff.
BACKGROUND
In order to analyze and identify the cannabis regulations appropriate for Redondo Beach, a Cannabis Steering Committee (CSC) was appointed in 2018 by the previous City Manager. The CSC was comprised of representatives from the law enforcement community, RBUSD, BCHD, and other external stakeholders familiar with common best practices for commercial use regulations of cannabis including taxation, delivery, and development agreement options. The CSC also deliberated on storefront siting and location regulations.
The CSC met multiple times over several years, and, on October 5, 2021, presented their work and recommendations to the City Council. When deliberating on the establishment of buffer zones, the CSC reviewed pertinent state regulations and considered the expansion of these zones for Redondo Beach. California Code of Regulations Title 4 §15026 at the time (the State’s regulations regarding cannabis retail buffers have since been repealed) provided for the following:
• State mandated sensitive use buffering defaults can be increased or decreased by a local jurisdiction
• Sensitive-Use Restrictions: State defaults were 600 feet distance between any licensed cannabis business and a school grades K-12, daycare, or youth center
• Local jurisdictions can increase or decrease this distance and can add other sensitive locations such as drug rehabilitation centers, residential neighborhoods, houses of worship, parks, etc.
• Businesses can be further restricted to certain planning zones. The State did not specify any default zones for commercial cannabis businesses
The CSC recommended that the buffers zone around high schools and middle schools be increased to 1500 feet, but maintain the 600-foot radius from elementary schools, day cares, and youth centers. The CSC also recommended establishing a 1000-foot buffer between cannabis licensed sites.
Over the next several months, in its discussions regarding development of cannabis business location regulations and buffers, the City Council reviewed recommendations from the CSC and the Planning Commission, and also considered input and commentary from the community (the timeline follows below). The City Council adopted the Cannabis Regulatory Ordinances on September 6, 2022, which included specific location regulations related to retail cannabis businesses.
|
2018-2021 |
Cannabis Steering Committee meetings |
|
10/5/2021 |
Council consideration of CSC recommendations, including buffers |
|
1/18/2022 |
Council consideration of buffer maps |
|
3/3/2022 |
Planning Commission consideration of cannabis regulatory ordinance, including buffers |
|
4/21-5/5/2022 |
Community Survey completed |
|
5/10/2022 |
Council consideration of Planning Commission recommendations |
|
9/6/2022 |
Adoption of Cannabis Regulatory Ordinances |
For reference, a comprehensive history of the development of the current cannabis buffer areas is attached to this report. Also attached are the meeting minutes from the October 5, 2021, January 18, 2022, and May 10, 2022 City Council meetings, where Council discussed buffer areas extensively.
The location requirements and buffers currently defined in the City’s regulatory Ordinances are as follows:
A. Cannabis retailers shall be permitted only in commercial and industrial zones, specifically limited to the C-1, C-2, C-2A, C-2B, C-2PD, C-3, C-3A, C-3B, C-3PD, C-4, C-4A, C-4B, C-4PD, C-5A, CR, 1-1, l-1A, 1-1 B, 1-2, l-2A, and IC-1 zones. Cannabis retailers are prohibited in Coastal Commercial zones. Cannabis retailers are prohibited in any public-institutional zones and zones where residential is permitted
B. No retailer shall be established or located within 1,000 feet, measured from the nearest property lines of each of the affected parcels, of any other cannabis retailer
C. No retailer shall be established or located within 1,500 feet of any public or private high school or middle school, measured from the nearest property lines of each of the affected parcels
D. No retailer shall be established or located within 600 feet from public or private elementary schools, day cares, and youth centers, measured from the nearest property lines of each of the affected parcels
E. Each Council District shall only have 1 cannabis retail site
F. No permitted cannabis retailer may operate from a location that has previously been enforced upon for illegal cannabis activities, for a minimum of 5 years from the passing of this ordinance or from the date of the violation, whichever is later
In 2022, the City Council approved an agreement with HdL to review the City’s draft cannabis regulatory ordinances and assist with the development of Guidelines for an application process for cannabis business permitting. On May 16, September 5, and December 19, 2023, the City Council discussed these draft Guidelines and provided direction to staff on proposed revisions and requested further research be conducted. At the December 19, 2023 meeting, staff was directed to return to City Council with a discussion item related to the buffer maps and location regulations outlined in the City’s Ordinances. Specifically, Council requested a discussion on buffers along portions of Artesia Boulevard, around Dale Page Park, and areas near the intersection of Manhattan Beach Boulevard and Inglewood Avenue.
Attached to this report is an updated buffer map capturing the City’s current adopted regulations related to buffers as well as any changes that may have occurred between 2022 and now (e.g. daycare closures, new schools or youth centers, etc.). This item provides the City Council an opportunity to review the buffer areas and provide direction to staff on any related updates or amendments to the regulatory ordinances.
COORDINATION
The preparation of previous ordinances and resolutions were done in coordination with the Community Development Department, the City Attorney’s Office, and HdL. The buffer map was completed in coordination with the Public Works Department.
FISCAL IMPACT
The preparation of the Ordinances, administrative report, and buffer map are within the workplan and annual budgets of the Community Development Department, City Manager’s Office, Public Works Department, and the City Attorney’s Office.
APPROVED BY:
Mike Witzansky, City Manager
ATTACHMENTS
• Ordinance No. 3235-22, September 6, 2022
• Ordinance No. 3241-22, September 6, 2022
• History of Development of Cannabis Buffer Areas
• Buffer Map, updated February 29, 2024
• City Council Meeting Minutes, October 5, 2021
• City Council Meeting Minutes, January 18, 2022
• City Council Meeting Minutes, May 10, 2022
• Department of Cannabis Control - Medicinal and Adult-Use Commercial Cannabis Regulations, November 2023