A. This section specifies standards for the non-storefront retail sale of medical cannabis to ensure neighborhood compatibility, minimize potential environmental impacts, and to provide safe access to cannabis for medical use. This section shall be effective only if Business and Professions Code section 26322, or a successor statute requiring the City to authorize a physical premises from which retail sale by delivery of medicinal cannabis within the City is conducted by a licensed non-storefront retailer, remains in effect.
B. Non-storefront, delivery-only medical cannabis retail is a conditionally permitted use in the C-3 zone subject to the requirements herein.
C. Location requirements.
1. Non-storefront, delivery-only medical cannabis retail is prohibited in the Pedestrian Overlay Zone (Article 16.5).
2. No non-storefront, delivery-only medical cannabis retailer shall be established on any portion of a lot located within a 600-foot radius of a sensitive use (herein defined to include the Beverly Hills Public Library, a school, a day care center, a youth center, a religious institution, or a public park) or another non-storefront, delivery-only medical cannabis retailer. The distance specified in this subsection shall be measured vertically. Additionally, the distance specified in this subsection shall be measured horizontally. The horizontal distance shall be measured in a straight line from the property line of where the non-storefront, delivery-only medical cannabis retailer is to be located to the closest property line of the lot on which the sensitive use or another non-storefront, delivery-only medical cannabis retailer is located without regard to intervening structures.
3. No non-storefront, delivery-only medical cannabis retail shall be permitted on the ground floor of any building.
D. Non-storefront, delivery-only medical cannabis retail use shall be permitted in the C-3 zone only if authorized by a conditional use permit issued pursuant to the provisions of article 38 of this chapter. In addition to the criteria set forth in article 38 of this chapter, the following criteria shall be considered by the planning commission when reviewing conditional use permit applications for non-storefront, delivery-only medical cannabis retail use:
1. The proposed use will have adequate buffering between the use and residential areas, and will not adversely interfere with the use and enjoyment of residential properties in the vicinity of the proposed development;
2. The proposed use will not result in detrimental impacts to existing or anticipated residential or commercial development in the vicinity of the project with regard to traffic levels, traffic safety, pedestrian-vehicle conflicts, pedestrian safety hazards, and loading or manner of operation;
3. The proposed use will not create excessive noise, unpleasant odors, noxious fumes, excessive lighting, increased litter, or substantial interference with neighboring properties or uses due to the activities associated with the proposed use or its hours of operation; and
4. The proposed use will not create an overconcentration of non-storefront, delivery-only medical cannabis retailers in the vicinity.
E. Operational Requirements. Non-storefront, delivery-only medical cannabis retailers shall comply with the licensing and operational requirements set forth in Article 23 of Chapter 2 of Title 4. (Ord. 23-O-2881, eff. 11-17-2023)