Chapter 21.27 — CANNABIS-RELATED USES

The purpose of this chapter is to establish land use restrictions for delivery-only medical cannabis retailers. Nothing in this chapter is intended to authorize any activity that is contrary to California law. (Ord. 2241, 12/20/2023; Ord. 2242, 1/17/2024)

Unless otherwise provided herein, the terms used in this chapter have the same meaning as set forth in Chapter 6.36 .

(Ord. 2241, 12/20/2023; Ord. 2242, 1/17/2024)

Except as otherwise provided by applicable law, it is unlawful for any person to maintain a cannabisrelated use on any property in the City unless a valid conditional use permit authorizes the cannabisrelated use on the subject property.

(Ord. 2241, 12/20/2023; Ord. 2242, 1/17/2024)

• (A) Delivery-only medical cannabis retailers are conditionally permitted in the C-S (Commercial Services) zone and are prohibited in all other zones.

• (B) No conditional use permit may be issued for a cannabis-related business located on a parcel that is within 1,000 feet of any other parcel containing a "sensitive use," including, without limitation, residences, schools, religious facilities, parks, licensed child daycare facilities, youth

centers or licensed drug or alcohol rehabilitation facilities. For purposes of this section, "school" includes a pre-school, transitional kindergarten, K-12 school, whether public or private.

• (C) Within 1,000 feet of any other parcel upon which a delivery-only medical cannabis retailer is operating.

• (D) A delivery-only medical cannabis retailer permit may be renewed for a cannabis-related business located on a parcel that is within the distance limitations in this section if:

  1. The sensitive use located to the area after the subject delivery-only medical cannabis retailer permit was first issued;

  2. The subject delivery-only medical cannabis retailer permit has not lapsed for any period of time; and

  3. The cannabis-related business was in continuous operation.

• (E) For purposes of this section, a temporary interruption of business activity due to fire, natural disaster or other force majeure is excused provided reasonable steps are taken by the permittee to resume business operations expeditiously. The prior, temporary suspension of the deliveryonly medical cannabis retailer permit does not render a permit ineligible for renewal under this section provided the applicant otherwise qualifies for renewal pursuant to Chapter 6.36 .

• (F) The delivery-only medical cannabis retailer will utilize fewer than the minimum off-street parking spaces established by this code.

• (Ord. 2241, 12/20/2023; Ord. 2242, 1/17/2024)

The distance between parcels will be the horizontal distance measured in a straight line from any property line of the sensitive use to the closest property line of the parcel on which the cannabisrelated business is to be located, without regard to any intervening structures. (Ord. 2241, 12/20/2023; Ord. 2242, 1/17/2024)

In addition to any other conditions of approval deemed necessary and appropriate by the approving authority, an operations plan, including a detailed cash management plan is required as a condition of approval for any delivery-only medical cannabis retailer. If the operations and/or cash management plan include confidential and/or proprietary information the City will respect the confidentiality of the information submitted by the applicant. The required content of the operations plan is set forth in Chapter 6.36 .

(Ord. 2241, 12/20/2023; Ord. 2242, 1/17/2024)