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As set forth above in CVMC 5.19.040, a limited number of City Licenses for Commercial Cannabis Businesses shall be authorized and issued by the City. In locating such businesses, City Licensees shall be further subject to the following requirements:

A. In General. The licensed Premises of a Commercial Cannabis Business shall be a contiguous, fully enclosed area and shall be occupied only by one Licensee.

B. Storefront Retailers.

1. Allowed Zones. Subject to the separation requirements set forth below, Storefront Retailers shall only be allowed in the following zones: (a) C-O administrative and professional office; (b) C-N neighborhood commercial; (c) C-C central commercial; (d) C-V visitor commercial; (e) C-T thoroughfare commercial; (f) other commercial zones in specific plans or sectional planning area plans that allow retail sales uses (including such zones that allow mixed commercial and residential uses); and (g) with a Conditional Use Permit, in the following industrial zones: I-L limited industrial; I-R research industrial; I general industrial; and equivalent industrial zones in specific plans or sectional planning area plans that allow industrial uses.

2. Special Rules for Storefront Retailers in Industrial Zones. In addition to any and all other applicable Code requirements, Storefront Retailers proposed to be located in industrial zones (a) must be located in buildings with entrances that face, and are within 100 feet of, a Public Street; and (b) must comply with parking and sign regulations applicable to retail sales businesses in commercial zones.

3. Separation Requirements.

a. Storefront Retailers shall not locate within 1,000 feet of any Day Care Center or any public or private school providing instruction for kindergarten or any grades one through 12.

b. Storefront Retailers shall not locate within 600 feet of any Treatment Facility, Youth Center, Youth-Oriented Business, Public Park, or Private Park.

c. Storefront Retailers shall not locate within 150 feet of any Residential Zone.

4. Retail Sales Requirements Apply. Storefront Retailers are retail sales uses for the purpose of the Code. Except as otherwise provided in this chapter, all retail sales use requirements for the allowed zone in which the business is located shall apply.

C. Non-Storefront Retailers.

1. Allowed Zones. Subject to the separation requirements set forth below, Non-Storefront Retailers shall only be allowed in the following industrial zones: I-L limited industrial; I-R research industrial; I general industrial; and equivalent industrial zones in specific plans or sectional planning area plans that allow industrial uses.

2. Separation Requirements. Non-Storefront Retailers shall not locate within 150 feet of any Residential Zone.

3. Industrial Use Requirements Apply. Non-Storefront Retailers are industrial uses for the purpose of the Code. Except as otherwise provided in this chapter, all industrial use requirements for the allowed zone in which the business is located shall apply.

D. Manufacturers; Distributors; Testing Laboratories; and Cultivators.

1. Allowed Zones. Subject to the separation requirements set forth hereinbelow, Manufacturers, Distributors, Testing Laboratories, and Cultivators shall be allowed in the following industrial zones: I-L limited industrial; I-R research industrial; I general industrial; and equivalent industrial zones in specific plans or sectional planning area plans that allow industrial uses.

2. Separation Requirements. No Manufacturer, Distributor, Testing Laboratory or Cultivator shall be located within 150 feet of any zone allowing residential uses.

3. Industrial Use Requirements Apply. Manufacturers, Distributors, Testing Laboratories, and Cultivators are industrial uses for the purpose of the Code. Except as otherwise provided in this chapter, all industrial use requirements for the allowed zone in which the business is located shall apply.

E. Standards for Measurement of Separation Distances. For purposes of this section, separation distances between uses shall be measured as follows:

1. Measuring Points Established. Separation distance between uses shall be measured horizontally in a continuous series of straight lines that connect the two closest “measuring points” of each business or use as set forth hereinbelow.

a. For a Commercial Cannabis Business, the “measuring point” shall be the center point of the public entrance closest to a Public Street.

b. For a Day Care Center, Youth Center, Youth-Oriented Business, or Treatment Facility, the “measuring point” shall be the center point of the public entrance closest to a Public Street.

c. For a public or private school, Public Park, Private Park, or Residential Zone, the “measuring point” shall be the point located on the legal parcel boundary line abutting a Public Street or zone line, as applicable, that is closest to the “measuring point” of the Commercial Cannabis Business at issue.

2. Measurement Paths – Examples. Measurements between public entrances shall start at the “measuring point” of the Commercial Cannabis Business and proceed in a continuous line to the closest property line of the Public Street, measured perpendicular to the Public Street. The measurement shall then continue along the property lines of the Public Street fronts, and in a direct line across intersections along the shortest pedestrian route toward the “measuring point” of the separated use until it reaches such “measuring point.” See illustrations below.

Measurements between public entrances and legal parcel boundary lines shall start at “measuring point” of the Commercial Cannabis Business and proceed in a continuous line to the closest property line of the Public Street, measured perpendicular to the Public Street. The measurement shall then continue along the property lines of the public street front(s), and in a direct line across intersections along the shortest pedestrian route towards the “measuring point” of the separated use until it reaches such “measuring point.” See illustration below.

Where a public or private school, Public Park, Private Park, or residential use or Residential Zone are directly adjacent to or across a Public Street from a Storefront Retailer or Non-Storefront Retailer, the separation distance shall be measured between the respective “measuring points” without regard to a Public Street or intersections. See illustration below.

Where a Commercial Cannabis Business and a Day Care Center, Youth Center, Treatment Facility, Youth-Oriented Business or existing residential use are on the same parcel, or contiguous parcels, the separation distance shall be measured in a straight line connecting their “measuring points.” See illustration below.

3. Interpretations, Determinations Made by Development Services Director. Interpretations and determinations of compliance with the requirements of this section and the calculation of separation distances shall be made by the Development Services Director. Exhibits from a Licensed Land Surveyor may be required by the City to make a final decision on compliance with the separation requirements of this subsection. (Ord. 3446 § 2, 2018; Ord. 3418 § 2, 2018).