A. All commercial cannabis businesses shall be located in an approved land use district pursuant to Division IV of Title 19.
B. Distance Limitations:
1. The following distance limitations apply to commercial cannabis business types:
a. Testing laboratory: 100 feet from a school providing instruction in kindergarten or any grades 1 through 12, a day care center, or a youth center;
b. Manufacturer: 100 feet from a school providing instruction in kindergarten or any grades 1 through 12, a day care center, or a youth center;
c. Distributor: 100 feet from a school providing instruction in kindergarten or any grades I through 12, a day care center, or a youth center;
d. Retailer-Delivery Only: 100 feet from a school providing instruction in kindergarten or any grades 1 through 12, a day care center, or a youth center:
e. Distance Limitation: Retailer-Storefront.
a. Retailer-Storefront uses shall be located at least:
i. 1,000 feet from a school providing instruction in any grades six (6) through twelve (12), and
ii. 600 feet from a school providing instruction in kindergarten or any grades one (1) through five (5), a day care center, or a youth center with primary youth center activities.
2. Calculation Methods.
a. A school providing instruction in kindergarten or any grades 1 through 12, a day care center, or a youth center shall for purposes of this section be known as a “sensitive receptor”;
b. Distances specified in this section shall be the horizontal distance measured in a straight line from the property line of the sensitive receptor to the closest property line of the lot on which the commercial cannabis business is located, without regard to intervening structures.
c. Only sensitive receptors in existence at the time the City receives a Commercial Cannabis Permit application from the proposed Retailer-Storefront shall be considered.
d. One or more of the following factors may be considered by the City to determine if the sensitive receptor was in existence at the time of the City’s receipt of the Commercial Cannabis Permit application:
i. The sensitive receptor is open and operating;
ii. The sensitive receptor has a Chico City Business Tax Certificate for the specific location and sensitive use;
iii. The sensitive receptor has submitted a Business Tax Certification application to the City for the specific location and sensitive use and is undergoing construction or other tenant improvements at the specific location in question; and
iv. Other factors that may indicate a sensitive receptor was in existence as determined by the Community Development Director.
e. Notwithstanding the foregoing, an application for a Commercial Cannabis Permit may be deemed in compliance with this Section if evidence is submitted, to the satisfaction of the Community Development Director, that the sensitive receptor will cease operation at the location prior to the issuance of a building permit for the Retailer-Storefront location.
(Ord. 2553; Ord. 2589 §4)