COUNTY CODE OF REGULATORY ORDINANCES AND ZONING ORDINANCE CHANGES FOR EXISTING CANNABIS DISPENSARIES (PDS-1017502-CANNABIS ORD DEV/ PDS2021-POD-21-001)

2021100105

San Diego County

NOE - Notice of Exemption

10/6/2021

10/6/2021

Scott Christman

San Diego County

Lead/Public Agency / Project Applicant

5510 Overland Ave Suite 310
San Diego, CA 92123

(858) 505-6677

scott.christman@sdcounty.ca.gov

Unincorporated county

Lakeside, Ramona, and Valley Center Community Planning Areas

Categorical Exemption

15301

Section 15301 of the CEQA Guidelines entails changes to existing facilities. As stated in the CEQA Guidelines, the key consideration for applying this exemption is whether the project involves negligible or no expansion of use. Section 15301 lists six different examples of the projects that would be expected to fall within Class 1. However, the types of “existing facilities” itemized within Class 1 are not intended to be all-inclusive of the types of projects which may fall within the class. The following are some examples listed in Section 15301: Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The types of “existing facilities” itemized below are not intended to be all-inclusive of the types of projects which might fall within Class 1. The key consideration is whether the project involves negligible or no expansion of use. Examples include but are not limited to: • Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances; • Existing facilities of both investor and publicly-owned utilities used to provide electric power, natural gas, sewerage, or other public utility services; • Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety, and other alterations such as the addition of bicycle facilities, including but not limited to bicycle parking, bicycle-share facilities and bicycle lanes, transit improvements such as bus lanes, pedestrian crossings, street trees, and other similar alterations that do not create additional automobile lanes). • Restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety, unless it is determined that the damage was substantial and resulted from an environmental hazard such as earthquake, landslide, or flood; • Additions to existing structures provided that the addition will not result in an increase of more than: o 50 percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less; or o 10,000 square feet if: ? The project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan and ? The area in which the project is located is not environmentally sensitive. CEQA exemption Section 15301, Class 1, applies to this proposed project as the project consists of changing the Regulatory Code and Zoning Ordinance as it applies to five existing Marijuana Dispensaries. The five existing facilities affected by the proposed project are zoned as follows: • 8157 Wing Ave. Lakeside, Zone: M54 - General Impact Industrial Use, Land Use: Medium Impact Industrial, Designator: C (Current Use: Dispensary/ Indoor Cultivation) • 1210 Olive Street, Ramona, Zone: M54 - General Impact Industrial Use, Land Use: High Impact Industrial, Designator: B/C (Current Use: Dispensary) • 618 Pine Street, Ramona, Zone: M52 - Limited Impact Industrial Use, Land Use: Limited Impact Industrial, DESIGNATORS: B, C, POR S, (Current Use: Dispensary) • 736 Montecito Way in Ramona, Zone: M54 - General Impact Industrial Use, Land Use: High Impact Industrial, Designator: B/C (Current Use: Dispensary) • 8530 Nelson Way, Escondido, Zone: M52 - Limited Impact Industrial Use, Land Use: Limited Impact Industrial, Designator: B, (Current Use: Dispensary) The Land Use Designation for the project sites in the General Impact Industrial Use (M54) Zone include both “Medium” and “High Impact Industrial,” which are allowed in this zone pursuant to the County of San Diego Zoning Ordinance. The M54 zoning designation is intended to create and preserve areas where manufacturing and industrial uses not having high nuisance characteristics may locate. Non-industrial uses which support industrial uses are permitted within the zone, particularly administrative, sales, and services uses. Typically, the M54 Use Regulations would be applied near rail and trucking facilities, or other locations where impacts associated with noise, odor and traffic would not impact on residential or commercial areas. All outdoor storage areas would be subject to screening regulations in Section 6706. Various applications of the M54 Use Regulations with appropriate development designators can create a large transportation-dependent industrial center or a small, geographically isolated grouping of a few small scale industrial uses. All Project uses fit within the intended applications of the M54 Use areas. The Land Use Designation for the project sites in the Limited Impact Industrial Use M52 Zone includes “Limited Impact Industrial,” which are allowed in this zone pursuant to the County of San Diego Zoning Ordinance. The M52 zoning designation is intended to create and preserve areas where manufacturing and industrial uses which evidence no or very low nuisance characteristics may locate. Non-industrial uses which support or are adjuncts to industrial uses and are compatible with such uses are permitted within the zone—this particularly includes administrative, sales, and services uses. Typically, the M52 Use Regulations would be applied in urban or suburban areas where nuisance characteristics involving noise, odor, traffic generation or unsightliness were undesired and where all uses (with certain exceptions) would be conducted entirely within enclosed buildings. In the case of this Project and the five existing dispensaries, all uses will be conducted within enclosed buildings. The Project, as proposed, is limited to continued operation and limited expansions of five existing facilities. The continued operation and limited expansion will be substantially similar to the existing use and this project is categorically exempt under Section 15301 because it is involves five existing facilities with negligible or no expansion of existing or former use and additions to the existing structures, if any, will not result in an increase of more than 10,000 square feet each. The existing facilities are in areas where all public services and facilities are available to allow for maximum development permissible in the General Plan; in areas in which the existing facilities are located are not environmentally sensitive; are not cumulative impacts of successive projects of the same type in the same place over time; will not result in impacts to scenic highways or historical resources, and do not present any significant effects on the environment due to unusual circumstances.

Categorical Exemption

15303

Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The numbers of structures described in this section are the maximum allowable on any legal parcel. Examples of this exemption include, but are not limited to: • A store, motel, office, restaurant, or similar structure not involving the use of significant amounts of hazardous substances, and not exceeding 2500 square feet in floor area. In urbanized areas, the exemption also applies to up to four such commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. • Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. CEQA exemption Section 15303, Class 3, applies to this proposed project as the project consists of changing the Regulatory Code and Zoning Ordinance to allow the five existing dispensaries to, among other things, alter and expand their facilities up to 10,000 square feet through a ministerial building permit process. The existing dispensaries’ expansions may consist of construction and location of limited numbers of new, small facilities or structures, installation of small new equipment and facilities in small structures, or the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure and may be accessory (appurtenant) structures or similar structures to a store, motel, office, or restaurant. The Project, as proposed, is limited to continued operation and limited expansions of five existing facilities. The continued operation and limited expansion will not involve use of significant amounts of hazardous substance and not exceed 2,500 square feet in floor area in non-urbanized areas. In urbanized areas, the continued operation and limited expansion will not exceed 10,000 square feet and be on sites zoned for such uses, not involve the use of significant amounts of hazardous substances where all necessary public services and facilities are available, and where the surrounding area is not environmentally sensitive. The Project, as proposed, is limited to continued operation and limited expansions of five existing facilities and is categorically exempt under Section 15303.

Categorical Exemption

15304

Section 15304 of the CEQA Guidelines involves minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry or agricultural purposes. Examples of these types of Class 4 projects listed in Section 15304 this exemption include, but are not limited to: • Grading on land with a slope of less than 10% and not in a waterway, wetland, designated scenic area, or official areas of geologic hazard. • New Gardening or Landscaping, including the replacement of existing conventional landscaping with water resistant or fire efficient landscaping. • Minor temporary us of land having negligible or no permanent effects on the environment. • Minor trenching or backfilling where the surface is restored. CEQA exemption Section 15304, Class 4, applies to this proposed project as the project consists of changing the Regulatory Code and Zoning Ordinance to allow the five existing dispensaries to, among other things, alter and expand their facilities. The existing dispensaries may choose to make only minor alterations to their land such as new landscaping or minor trenching, as part of the ancillary action which are allowed, or may choose to use their land in a temporary manner with no effects on the environment (Section 15304 cites carnivals as an example of this type of use).