A cannabis business may be established within any of the Cannabis Business (CB) Zoning Overlay Districts only under all of the following conditions:
(A) A cannabis business may be established only under the conditions set forth herein. No other cannabis business or commercial cannabis use shall be allowed within the city except as authorized by this article.
(B) A use permit from the City Council is required for all cannabis businesses. The application for the use permit shall be considered by the Planning Commission which shall make a recommendation to the City Council.
Prior to operating in the city and as a condition of issuance of a use permit, the operator of each cannabis business shall enter into and maintain compliance with an operating agreement, setting forth the terms and conditions under which the cannabis business will operate. Such requirements for the cannabis business operator shall include, but are not limited to, the following:
(1) Providing a public outreach and education program;
(2) Implementing and maintaining a social equity program;
(3) Payment and reporting of fees and other charges, which may be imposed on gross receipts and/or square footage of cultivation, or such other methodology as determined by the City Council;
(4) Implementing and maintaining a security plan to be approved by the Chief of Police;
(5) Implementing and maintaining an odor control and mitigation plan;
(6) Payment of fees and charges including, but not limited to administrative and penalty fees;
(7) Record keeping;
(8) Compliance with city’s requirements for periodic review and audit of the cannabis business's operations and related matters;
(9) Insurance coverage as required by the city;
(10) Indemnification of the city, its officers, officials, employees, agents and consultants;
(11) Assignability;
(12) Procedures for amendment of the operating agreement;
(13) Hours of operation;
(14) Signage;
(15) External lighting; and
(16) Such other terms and conditions that will protect and promote the public health, safety, and welfare.
(C) In addition to the standard findings for approval of a use permit, the City Council shall make the following additional finding in support of approval of a use permit for a cannabis business.
(1) That the location and site characteristics of the proposed cannabis business are consistent with all applicable state laws and city standards or guidelines, that all provisions have been made to ensure that the operation of the cannabis business will not create excessive demands for police service or other public services, and that the cannabis business will benefit the city.
(D) Cannabis businesses may be established as described in Table A.
TABLE A | ||
Overlay District | License Types Permitted | Permit Requirement |
CB 1 | 1, 1A, 1B, 1C, 2, 2A, 2B, 3, 3A, 3B, 4, 5, 5A, 5B, 6, 7, 8, 10, 11, 12 | City Council Use Permit |
CB 2 | 10 | City Council Use Permit |
CB 3 | 10 | City Council Use Permit |
(1) License type 7 is not allowed in multi-tenant buildings in CB 1.
(E) The separation requirements for the Cannabis Business Overlay Zoning Districts shall be as described in Table B:
TABLE B | ||
Overlay District | Between Retail Uses | From Sensitive Use |
CB 1 | 600' | 600' |
CB 2 | 200' | 200' |
CB 3 | 600' | 600' |
(1) Notwithstanding § 9-5.3845(E), the city shall have the discretion to decrease the 600-foot restriction without requiring a variance when significant barriers (such as large roadways, railroad tracks, or similar buffers) exist between the proposed retail cannabis business and the existing use identified in § 9-5.3845(D)(4).
(2) Solely as to CB 2, the term "sensitive use" shall not include any property located within the city's boundaries and occupied by a city residential land use or designated by the city as residential in the city's general plan or zoning ordinance.
(3) The separation requirements referenced in § 9-5.3845(E) for sensitive uses shall be measured property line to property line. The separation requirements referenced in § 9-5.3845(E) for retail businesses shall be measured between the primary entrance/exit for the business' customers for each retail business.
(F) Applicants to operate cannabis businesses, as well as current cannabis businesses, shall pay their share of city fees, charges, and other costs of city staff and consultants (including outside legal counsel) for matters relating to their application and business (e.g., conditional use permit, operating agreement, and any modification or implementation thereof). The applicant shall make a cash deposit with the city in an amount to be determined by the City Attorney. The city shall return any unused deposit; the business applicant/operator shall pay any amount greater than the original deposit. The applicant/operator may have to make more than one deposit.
(Ord. 2143-C-S, passed 6-26-18; Am. Ord. 2165-C-S, passed 4-23-19; Am. Ord. 2191-C-S, passed 10-27-20; Am. Ord. 2199-C-S, passed 10-26-21)