§ 10-3.703. Location and Minimum Proximity Requirements.

(a)

Commercial Cannabis Uses Table 3.7-1 identifies which commercial cannabis uses are permitted in the City and in which zones. No commercial cannabis use is permitted unless Table 3.7-1 indicates that the use is permitted with a Commercial Cannabis Permit (CCP). No home-based commercial cannabis businesses are permitted.

Table 3.7-1 Commercial Cannabis Uses. "CCP" indicates that a Commercial Cannabis Permit is required. A blank space indicates the use is not permitted. Only uses listed below, in the zones listed, are permitted.

Commercial Cannabis Use	C-2	C-3	C-M	M-1	M-2
Cultivation Type 1A; Specialty Indoor Small; and 1B Specialty Mixed-light Small (5,000 Sq. Ft. Max)				CCP	CCP
Cultivation Type 1C; Specialty Cottage Small; 2,500 Sq. Ft. Max for mixed light; or 500 Sq. Ft. Max indoor				CCP	CCP
Cultivation Type 2A; Indoor Small; and 2B; Mixed-light Small (10,000 Sq. Ft. Max)				CCP	CCP
Cultivation Type 3A; Indoor Medium; and 3B; Mixed-Light Medium (22,000 Sq. Ft. Max)				CCP	CCP
Nursery Type 4				CCP	CCP
Cultivation Type 5A; Indoor Large; and 5B; Mixed-Light Large (more than 22,000 Sq. Ft.)				CCP	CCP
Manufacturer 1; Type 6 (nonvolatile)			CCP	CCP	CCP
Manufacturer 2; Type 7 (volatile)				CCP	CCP
Testing Laboratory; Type 8	CCP	CCP	CCP	CCP	CCP
Retailer; Type 10 (storefront)	CCP	CCP	CCP	CCP	CCP
Retailer; Type 9 (non-storefront)
Distributor; Type 11				CCP	CCP
Microbusiness; Type 12 (permitted if all uses under license permitted in zone)	CCP	CCP	CCP	CCP	CCP

 

(b)

Additionally, the following location and proximity requirements shall apply:

(1)

No commercial cannabis use shall be located within six hundred (600) feet of a school, child care center, or youth center, as measured from the nearest property lines.

(2)

No commercial cannabis use shall be located within one hundred(100) feet of any residential use; this distance shall be measured from any building or structure containing a commercial cannabis use to an existing residential structure used for residential purposes.

(3)

No commercial cannabis use shall be located within two hundred (200) feet of a park or library, as measured from the nearest property lines.

(4)

All commercial cannabis uses listed in Table 3.7-1 except Retailer, Types 10 and 9 (storefront and non-storefront) and Type 12 (microbusiness with a retail component) licenses are allowed within the Business Park Land Use Designation of all applicable adopted Specific Plans, subject to all requirements of this article.

(5)

All commercial cannabis uses are prohibited in the Downtown Cannabis Prohibition Overlay, regardless of a property's zoning designation. The Downtown Cannabis Prohibition Overlay is that area shown in Figure 3.7-1 below, and further described as the area including all properties that front either side of or are within the area bound by the following streets: Kansas Avenue, from Highway 99 to 9 ^th Street; Needham Street; Downey Avenue, from McHenry Avenue to Burney Street; Burney Street, from Downey Avenue to Jennie Street; D Street, from Jennie Street to Highway 99; and the area fronting Highway 99 within the boundary. If any parcel is partially within the Downtown Cannabis Prohibition Overlay, all commercial cannabis uses shall be prohibited on the entire parcel.

(c)

The proximity requirements above may be waived by the decision-maker when the applicant can show that an actual impassible physical separation exists between land uses or parcels, such as a building, sound wall, major street or highway, such that no negative off-site impacts could occur that would result in harm or likely harm to the public health, safety, or welfare or the health, safety, or welfare of nearby resident or tenant, unless otherwise prohibited under state law.

(Ord. No. 3684-C.S., § 4, effective 2-15-18)