Council will consider holding a public hearing regarding cannabis
The Porterville City Council will consider Tuesday holding a public hearing regarding a draft ordinance that sets out to revise the city’s current cannabis regulations in light of the approval of Proposition 64.
Proposition 64, also known as the Adult Use of Marijuana Act (AUMA), is a 2016 voter initiative to legalize cannabis in California.
City Attorney Julia Lew said the council will also consider approving the first reading of the ordinance, which, if approved, would amend, repeal and replace several sections in the city’s municipal code concerning the personal cultivation and use of cannabis and prohibition of commercial cannabis activities.
At the Sept. 19 city council meeting, in consideration of information provided by the Proposition 64 Ad Hoc Committee, Lew said the city council directed city staff to prepare an ordinance revising the city’s current cannabis regulations.
The AUMA, Lew said, allows individual adults (21 years or older) to use and possess certain amounts of marijuana, and cultivate up to six plants. In light of this, and per staff recommendations and input from the Ad Hoc Committee, Lew said the city council directed that the city’s current regulations be modified to allow the cultivation of a maximum of six plants, and that the current permitting process applicable to medical marijuana be eliminated.
Consistent with state law, Lew said the ordinance permits individuals to cultivate up to six plants indoors, inside an accessory structure, or outdoors. She said certain reasonable restrictions present in the prior ordinance have been retained, such as prohibitions on the use of gas products or other solvents, no exterior evidence of cannabis cultivation from the public right of way or surrounding properties, restrictions on cultivation lighting and electrical equipment, and the requirement for use of an alarm and other security measures.
Lew said certain prior restrictions are proposed to be eliminated, such as the previous specific setback requirements.
Lew said the AUMA also permits the use of cannabis by adults, but restricts the locations for use in public places unless otherwise specifically permitted by the city. The proposed ordinance, she said, specifically provides that use in public places and business properties in the city is prohibited, unless otherwise expressly authorized by city regulation, or required to be allowed by state law.
Lew said the state is on track to have its licensing regulations for commercial cannabis activities in place by Jan. 1, 2018. Under the AUMA and Senate Bill (SB) 94 (MAUCRSA), Lew said all commercial cannabis activities will be required to have a license from the state and must also comply with all local regulations in place at that time (or shortly thereafter).
If the city does not have regulations in place concerning these activities, Lew said only a state license will be required. Lew said the city council’s direction, after receiving recommendations from staff and input from the Ad Hoc Committee, was to prohibit all commercial cannabis activities within the city’s jurisdictional limits. Lew said doing this now will preserve the city’s right to permit certain commercial activities at a later date, if it so chooses.
“This has become a common strategy for many cities throughout the state, since most cities cannot consider a companion tax measure on commercial activity until their general elections, which for most is November 2018, including Porterville,” Lew said.
Lew said changes have also been made to certain references in the Series 700 sections of the Development Code, reflecting outdated references to marijuana dispensaries that are no longer needed.
On Oct. 6, Lew said the environmental coordinator made a preliminary determination that the project is exempt from the California Environmental Quality Act under the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. In other matters:
will consider approving the purchase of an inline disintegrator from Franklin Miller, Inc. of New Jersey, in an amount not to exceed $19,000.
will consider approving a facility use agreement between the City of Porterville and Porterville Girls Fastpitch.
will consider approving out-of-state travel to perform inplant inspections on Greenpower electric transit buses in Xiamen, China at an estimated cost of $16,000 to be reimbursed by grant funds.
will consider a request for street closure from 9 a.m. to 6 p.m. of Thurman Avenue (in front of the library) from Hockett Street and Division Street for the City of Porterville Library’s International Games Day.
will consider approving a resolution of intent to vacate the City of Porterville’s blanket emergency access easement and storm drain easement for the site of Summit Estates Two, Phase 1, and the scheduling of a public hearing on Nov. 7.
will consider adopting a resolution authorizing and approving a purchase and sale agreement for property along Poplar Avenue.
will consider a request to recognize the 100 year anniversary of the Porterville Elks Lodge No. 1342 with a proclamation.
will hold a public hearing and consider accepting Citizens’ Option for Public Safety (COPS) grant funds in the amount of $100,000 to offset costs for personnel assigned to the department’s patrol division, including necessary training, equipment, and overtime costs.
will hold a public hearing to solicit public input on criteria for the drafting of district boundary maps for city council districts.
will consider appointments to fill vacancies on the city’s parks and leisure services commission and arts commission.
will receive a presentation and review from the Tulare County Economic Development Corporation (TCEDC) and will review council’s participation in the TCEDC.
will consider options pertaining to Professional Service Agreements for Transit Services.
will consider the continuance of the Declaration of Local Emergency.
The council meeting starts at 6:30 p.m. Tuesday in the council chambers at Porterville’s City Hall.