City of Long Beach - File #: 23-0532

• File #: 23-0532
• Version: 2
• Name: CM - Ordinance Amending LBMC 5.92
• Type: Ordinance
• Status: Adopted
• File created: 5/8/2023
• In control: City Council
• On agenda: 6/6/2023
• Final action: 6/6/2023
• Title: Recommendation to declare ordinance amending the Long Beach Municipal Code by amending Chapter 5.92 to reinstate language related to the operation of adult-use dispensaries in mixed-used buildings in Downtown Long Beach, read and adopted as read. (Citywide)
• Sponsors: City Manager

Date	Ver.	Action By	Action	Result
6/6/2023	2	City Council	approve recommendation and adopt	Pass
5/23/2023	1	City Council	declare ordinance read the first time and laid over to the next regular meeting of the City Council for final reading	Pass

TITLE
Recommendation to declare ordinance amending the Long Beach Municipal Code by amending Chapter 5.92 to reinstate language related to the operation of adult-use dispensaries in mixed-used buildings in Downtown Long Beach, read and adopted as read. (Citywide)

DISCUSSION
On June 15, 2021, the City Council approved an Ordinance amendment (ORD-21-0021) to the LBMC to amend language in Title 5, to amend and restate the Downtown Planned Development District (PD-30), amend Section 5.92.420, Section 5.92.760, Section 5.92.765, and Section 5.92.955, to allow the operation of adult-use cannabis dispensaries within mixed-use buildings in downtown by way of conditional use permit approval. The intent of the Ordinance amendment within Chapter 5.92 was to address how the provisions of the respective Title 5 sections would apply to adult-use dispensaries in Downtown Long Beach.

In summary, the Ordinance amendments executed the following:
· Allowed dispensaries to be located within buildings that contain residential units;
· Superseded Title 5 provisions to the contrary and required these uses to adhere to the high storefront transparency standards that reinforce the Downtown’s walkable environment, while still complying with the Title 5 requirements that limit product visibility from the public right-of-way; and,
· Harmonized PD-30 transparency requirements generally within Title 5 requirements that allow lower storefront transparency (Building Design) and require posting of certain interior signs (Interior Signage), by reinforcing the PD-30 transparency requirements and eliminating any potential conflict between the regulations.

On May 17, 2022, the City Council approved an Ordinance amendment (ORD-22-0015) to the LBMC Chapter 5.90 and Chapter 5.92 to amend the regulations relating to the Cannabis Equity Program and cannabis dispensary business licenses, and adopt a Resolution authorizing the City Manager, or designee, to establish a Request for Proposals (RFP) fo...