Pursuant to the authority delegated by the state to the city under §26054(b) of the State Business & Professions Code and overriding the location and design requirements contained in § 26054(b) of the State Business & Professions Code, cannabis retailers in the city shall be subject to the following land use regulations:
(A) Subject to the requirements of Title XI, Chapter 128, Cannabis Retailers, of the City Municipal Code (in particular the possession of a retail cannabis business permit) and the requirements of Title XI, Chapter 129, Cannabis Retailer Tax, of the City Municipal Code, cannabis retailers shall be a land use permitted by right on property zoned Industrial (I) or Industrial-Commercial (I-C).
(B) A cannabis retailer permitted pursuant to § 128.06 of the City Municipal Code shall not be located on property within (1) 600 feet of a school, day-care, or youth center or (2) 50 feet of a dwelling unit within a residential zone.
(C) All distances specified in this § 153.120.330 shall be measured in the following manners:
(1) For schools, day-care, youth centers, or cannabis retailers, the distance shall be measured in a straight line from the subject property line to the closest property line of the lot on which the cannabis retailer is to be located without regard to intervening structures.
(2) For determining distance to dwelling units within residential zones, the distance shall be measured in a straight line from the subject building to the closest dwelling unit on the lot on which the cannabis retailer is to be located without regard to intervening structures.
(D) A cannabis retailer permitted pursuant to § 128.06 of the City Municipal Code or which transfers locations pursuant to § 128.12 of the City Municipal Code shall not be located on property within (1) 600 feet of a school, day-care, or youth center, (2) 50 feet of a dwelling unit within a residential zone, or (3) 2,000 feet of another cannabis retailer.
(E) Notwithstanding any of the above requirements contained in divisions (A) through (C) of this section, cannabis retailers shall be a land use permitted by right on property that is or was covered by a development agreement entered into and approved pursuant to Chapter 127 of the City Municipal Code prior to January 1, 2018, subject to the remaining requirements of Title XI, Chapter 128, Cannabis Retailers, of the City Municipal Code (in particular the possession of a retail cannabis business permit) and the requirements of Title XI, Chapter 129, Cannabis Retailer Tax, of the City Municipal Code.
(Ord. 1501, passed 4-5-23)