HomeMy WebLinkAbout9/18/2018 Item 9, Codron„ry Memorandum ^IR r1
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DATE: September 18, 2018
TO: City Council
FROM: Michael Codron, Department Head
VIA: Derek Johnson, City Manager DJ
SUBJECT: Item #9: Cannabis Business Overlay Zones
Staff received correspondence regarding the City Council's recent review of the Cannabis
Business Overlay Zones (CBZ). These Overlay Zones were established to identify specific areas
that would allow various cannabis business types depending on the underlying zone. Retail stores
are further limited in that they must be located along an arterial street.
A question has arisen regarding State Law and the City's adopted Cannabis Ordinance and the
distances required from Cannabis businesses and other uses. Senate Bill 94, SEC. 38. Section
26054 (b) of the Business and Professions Code states that: A premises licensed under this division
shall not be located within a 600 foot radius of a school providing instruction in kindergarten or
any grades I through 12, day care center, or youth center that is in existence at the time the license
is issued, unless a licensing authority or a local iurisdiction species a different radius. The
distance specified in this section shall be measured in the same manner as provided in subdivision
(c) of Section 11362.768 of the Health and Safety Code unless otherwise provided by law
(underline added by staff).
The City has adopted its own radius distances (buffers), as outlined in Section 17.99.050 of the
Zoning Code. Cannabis businesses that do not include a retail storefront do not require any buffers.
Retail storefronts will have to be located a minimum of the following distances from the below
uses that currently exist within the same CBZ area:
• 1000 feet from any preschool, elementary school, junior high school, high school, public
park or playground within the overlay area
• 600 feet from any licensed day care center
• 300 feet from any residentially zoned area
• Youth centers do not require a buffer
Parks, playgrounds, schools, day care centers and residentially zoned property located outside of
the CBZ areas do not result in buffers that extend into the overlay areas. Staff is working with the
City Attorney's Office and the Planning Commission to ensure that the regulations are clear with
respect to how buffers work in relation to overlay zones and, if necessary, will propose clean-up
amendments in the future to clarify the intent.