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ARTICLE · 14 JULY 2023

Commercial Cannabis Permit Program And Overlay District Statutorily Exempt Under CEQA Guideline Section 15183

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This decision is also noteworthy given the state's year-old requirement that all cannabis operator applicants comply with CEQA.

United StatesCannabis & Hemp
Whitney Hodges
Whitney Hodges
Barbara Machado
Barbara Machado
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On June 13, 2023, the Second Appellate District affirmed the City of Pomona's use of a statutory exemption for its Commercial Cannabis Overlay Permit Program under California Environmental Quality Act (CEQA) Guidelines section 15183, finding that the program required no additional environmental review. The decision in Lucas v. City of Pomona is noteworthy for the appellate court's broad interpretation of the statutory exemption,1 holding that (i) the City's zoning ordinance, General Plan Update, and environmental impact report (EIR) that do not address "density" may be exempt under CEQA Guidelines section 15183, and (ii) uses, including cannabis-related uses, that are not literally included in land use plan documents, may be determined to be sufficiently similar to existing and defined land uses allowed by underlying zoning.

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