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(A) All commercial cannabis uses as defined herein (other than as provided under Cal. Business and Professions Code §§ 26054(c) and (d), 26080(b), and 26090(e)) are prohibited from establishing or operating in all zoning districts within the Town of Fairfax except and unless expressly permitted by and in conformance with the provisions of this chapter and/or Chapter 5.56.
(B) All commercial cannabis uses permitted by this chapter must, prior to establishing and operating any such commercial cannabis use, obtain and maintain at all times (1) a valid state commercial cannabis license, (2) a commercial cannabis business permit pursuant to Title V, Chapter 5.56 of this Code and (3) any other local or regulatory licenses or permits required by this Code or state law.
(Ord. 759, passed 6-1-2011; Am. Ord. 834, passed 9-4-2019)
(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)
(A) A medical marijuana dispensary that was legally operating as of April 3, 2018 and is permitted by the town to operate a medical marijuana delivery service, may operate as a permitted use in any commercial district, an adult-use cannabis delivery-only service from its then existing premises, subject to each of the following conditions:
(1) The dispensary shall, prior to conducting any adult-use cannabis deliveries, obtain and maintain at all times:
(a) A valid state cannabis license authorizing adult-use cannabis deliveries issued by the appropriate state licensing authority pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act (Cal. Business and Professions Code Division 10);
(b) A commercial cannabis business permit pursuant to Title 5, Division II, Chapter 5.56 of this Code; and
(c) Any other state and local licenses or permits required by this Code or state law.
(2) All cannabis deliveries must conform to state laws and regulations adopted pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act except as set forth herein regarding the state buffer zone.
(3) No adult-use customers shall be permitted to access or remain in the business premises of a medical marijuana dispensary.
(4) No adult-use cannabis retail sales shall be permitted to occur at the premises of a medical marijuana dispensary.
(B) Pursuant to Cal. Business and Professions Code § 26054(b), as may be amended, the town finds that no setback or radius is necessary for the conduct of adult-use cannabis deliveries by an eligible, existing medical marijuana dispensary pursuant to this section, beyond the zoning regulations contained herein.
(C) This section is not intended to give any person or entity independent legal authority to operate an adult-use cannabis non-storefront retail delivery service, it is intended only to clarify the zoning restrictions regarding certain existing medical marijuana dispensaries that may conduct adult-use cannabis deliveries in the town pursuant to this Code and state law. This section is in addition to any other business license and regulatory requirements imposed on medical marijuana dispensaries and non-storefront retail cannabis delivery services by this Code or other applicable state law.
(Ord. 834, passed 9-4-2019)
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