NOTICE IS HEREBY GIVEN that the Milpitas City Council will hold a public hearing on
Tuesday,November 20,2018 at 7:00 PM in City Hall Council Chambers,455 E.Calaveras
Blvd.,2nd floor,Milpitas,CA to consider the introduction of two companion ordinances:
ZONING TEXT AMENDMENT – MEDICAL AND ADULT USE CANNABIS REGULATIONS – CITYWIDE:
This City-initiated Zoning OrdinanceTextAmendment would add zoning regulations for
commercial cannabis activities and the cultivation of cannabis for personal use.The
proposed regulations would allow medical and adult-use cannabis storefront retailers,
non-storefront (delivery only) retailers and cannabis testing laboratories,subject to
regulation,and prohibit all other commercial cannabis activities.
Storefront retailers would be permitted in the Neighborhood Commercial (C1) and
General Commercial (C2) zones.Non-storefront retailers would be permitted in the
C1 and C2 commercial zones and in the Light Industrial (M1),Heavy Industrial (M2),
and Industrial Park (MP) zones.Cannabis testing laboratories would be permitted in
the M1,M2 and MP industrial zones only.Cannabis uses would be subject to 600-foot
buffers from schools,and 200-foot buffers from daycare centers and youth centers.
The proposed provisions would regulate indoor cultivation of cannabis for personal use
and prohibit outdoor cultivation of cannabis.
The proposed action is exempt from the California Environmental QualityAct (CEQA)
per Sections 15061(b)(3) and 15183 of the CEQA Guidelines and per Business and
Professions Code Section 26055(h) as separate and independent bases.
The Planning Commission reviewed the proposed zoning text amendment,and
recommended that the proposed ordinance be revised to only allow non-storefront
retailers in the M1,M2,and MP industrial zones subject to a 600-foot buffer from
schools,daycare centers,and youth centers,and to prohibit all other commercial
cannabis activity,including prohibitions on storefront retailers and cannabis testing
laboratories.The Planning Commission also recommended that the City Council
consider limiting the number of non-storefront retailers to four citywide and that a
cannabis tax be considered by voters at the election in the year 2020.
NOTICE IS FURTHER GIVEN, per CA Government Code §65009,that any challenge of
these matters in court may be limited to raising only those issues raised at the public
hearing on November 20,2018 or in written or e-mailed correspondence delivered to the
City Council at,or prior to,this hearing.
INTERESTED PERSONS who wish to comment may attend the public hearing or submit
written comments to the City Council prior to the hearing.Written comments may be
submitted:(1) mailed to the Milpitas City Clerk,City Hall,455 E.Calaveras Blvd,Milpitas,
CA 95035,(2) sent by email to firstname.lastname@example.org,or (3) delivered to the City
Clerk’s Office at 3rd floor City Hall.