(A) 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 location and design requirements.
(B) A cannabis retailer 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) Subject to the requirements of this chapter, a cannabis retailer may only be located on property zoned Industrial (I) or Industrial-Commercial (I-C).
(D) All distances specified in this section shall be measured in the following manners:
(1) For schools, day-care, or youth centers, 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.
(E) Notwithstanding any of the above requirements contained in divisions (A) through (C) of this section, a cannabis retailer may be located on any 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 this chapter.
(F) Each cannabis retailer shall:
(1) Be constructed in a manner that prevents odors to surrounding uses, and promotes quality design and construction, and consistency with the surrounding properties. Odors from the cannabis retailer shall not be detectable from outside the premises and adequate odor control technology shall be utilized;
(2) Be provided with adequate electricity, sewage, disposal, water, fire protection, and storm drainage facilities for the intended purpose; and
(3) Maintain a neighborhood compatibility plan so the City Manager or designee(s) may find that the cannabis retailer and its operating characteristics are not detrimental to the public health, safety, convenience, or welfare of persons residing, working, visiting, or recreating in the surrounding neighborhood and will not result in the creation of a nuisance.
(Ord. 1501, passed 4-5-23)