(A) Cannabis retailers may be permitted subject to the approval of a commercial cannabis business permit pursuant to Chapter 5.56 of this Code, and provided there shall be no more than two cannabis retailer locations at any one time in the following use categories, or in any combination thereof:
(1) Medical-use cannabis storefront retailer(s); and/or
(2) Delivery-only retailer(s), which may be medical-use, adult-use or both.
This limit shall include any medical marijuana dispensary that was legally operating as of April 3, 2018, and continues to operate, and which may be permitted to conduct adult-use cannabis deliveries pursuant to § 17.110.050 ("Adult-Use Cannabis Deliveries By Certain Existing Medical Marijuana Dispensaries"), below. In the event that the existing medical marijuana dispensary ceases to operate in accordance with a legally-issued permit, another a permit may be issued for another operator or location such that at all times, two, but not more than two, retail locations may hold permits to legally operate. One retail location may consist of side-by-side licensed premises as defined in 16 Cal. Code of Regulations § 5025, in order to permit the licensing and operation of both a medical use storefront retailer and adult-use delivery only retailer by a single operator.
(B) Cannabis retailers may be permitted in the following zones:
(1) Medical-use cannabis storefront retailers: Highway Commercial (CH) and Central Commercial (CC).
(2) Cannabis delivery-only retailers: Highway Commercial (CH), Central Commercial (CC) and Limited Commercial (CL).
(C) Cannabis retailers shall not be allowed within the specified distances to the following uses that are in existence at the time the cannabis use is established. Specifically, a cannabis retailer shall not locate or establish:
(1) Medical-use cannabis storefront retailers: Within a 600-foot radius of a school, or youth center. (See Cal. Business and Professions Code § 26054.) Within a 300-foot radius of a daycare center or tutoring center.
(2) Cannabis delivery-only retailers: Within a 250-foot radius of a school or youth center. Pursuant to Cal. Business and Professions Code § 26054(b), as may be amended, the town finds that no setback or radius is necessary for cannabis delivery-only retailers near day care centers or other potentially sensitive uses, beyond the radii contained herein.
The distances specified in this section shall be the horizontal distance measured in a straight line from the property line of the specified use to the closest property line of the lot on which retailer is to be located without regard to intervening structures. (See Cal. Business and Professions Code § 26054(b); Cal. Health and Safety Code § 11362.768(c).)
(D) Cannabis retailers shall meet all standards for development in the underlying zoning district, in the town’s General Plan, and in any applicable specific plans or master plans, and in addition:
(1) Parking shall be provided in accordance with the following:
(a) Medical-use cannabis storefront retailers: Town Code § 17.052.030(F) for retail and personal service stores at a rate of three spaces for the first 500 square of gross floor area and one space for each additional 500 square feet thereafter, plus one space per delivery vehicle unless an employee vehicle is used to conduct deliveries.
(b) Cannabis delivery-only retailers: Town Code § 17.052.030(K) for industrial uses, including wholesale and storage: one space per two employees of the maximum shift, plus one space per delivery vehicle unless an employee vehicle is used to conduct deliveries.
(2) Size of facility. The size of the facility shall not exceed 1,500 square feet exclusive of restroom facilities and common areas.
(3) If an application for a proposed cannabis retailer requires compliance with Chapter 17.020 (“Design Review Regulations”), then notwithstanding any provision of Chapter 17.020 to the contrary, the Planning Commission shall provide a recommendation on such design review application and final approval authority shall vested in the Town Council. The Town Council’s review and decision shall in all respects comply with the criteria set forth in Chapter 17.020.
(4) If an application for a proposed cannabis retailer requires a traffic impact permit pursuant to Chapter 17.056 (“Traffic Impact Permit”), then notwithstanding any provision of Chapter 17.056 to the contrary, the Town Council shall not be required to approve the methodology used in the traffic study pursuant to § 17.056.070.
(5) If an application for a proposed cannabis retailer requires a sign permit pursuant to Chapter 17.064 (“Signs”), then notwithstanding any provision of Chapter 17.064 to the contrary, the Planning Commission shall make a recommendation on such sign permit, and final approval authority shall vested in the Town Council. The Town Council’s review and decision shall in all respects comply with the criteria set forth in Chapter 17.064, except signage shall be limited to a single window or wall sign and in no circumstances shall any signage for a cannabis retailer exceed six square feet in area.
(Ord. 759, passed 6-1-2011; Am. Ord. 834, passed 9-4-2019)