Sec. 38-99.8. Cannabis Business Overlay District.
A. Specific Purposes.The Cannabis Business Overlay District is intended to facilitate the regulation, location, and development of cannabis businesses in the City.
B. Applicability and Zoning Map Designator.The Cannabis Business Overlay District shall be shown on the Zoning Map by adding a CB to the base district designator. It may be combined in any Commercial (C) district to the properties shown in Appendix A to the ordinance codified in this Article.
1.There are four storefront retail cannabis businesses allowed, one in each overlay zone as follows:
a.CB1: Lighthouse and Foam Street area, shown on Appendix A, except that no cannabis business shall have a retail frontage on any cross street with Lighthouse Avenue or Foam Street;
b.CB2: the Downtown District, shown on Appendix A, except that no cannabis business shall have a retail frontage on Alvarado Street;
c.CB3: Wave Street area, shown on Appendix A, except that no cannabis business shall have a retail frontage on any cross street with Wave Street or allow public access from the Recreation Trail; and
d.CB4: on North Fremont Street, between Airport Road and Palo Verde Avenue, as shown on Appendix A.
2.One nonstorefront cannabis business is permitted in any one of the four cannabis business overlay zones.
3.The cannabis business overlay zone designation applies to new lots created by a lot split or other division of a lot with the cannabis business overlay zone designation.
4.Cannabis testing laboratories are not restricted to Cannabis Business Overlay Districts and may locate in any IR zone.
C. Zoning Clearance Consistency Review.A cannabis business must meet land use and building standards pursuant to Chapters 9, 26, 31, and 38, including:
1.Conform with the City’s general plan, any applicable specific plan, master plan, and design requirements.
2.Comply with all applicable zoning and related development standards.
3.Be constructed in a manner that minimizes odors to surrounding uses, and promotes quality design and construction, and consistency with the surrounding properties.
4.No cannabis business may be located within a 600-foot radius measured from property line to property line of a school, day care center, or youth center that is in existence at the time of submission of a completed initial application for a commercial cannabis permit. This prohibition shall not apply to any subsequent renewal of a commercial cannabis permit at the same location.
6.Exterior lighting shall not result in glare on adjoining properties to ensure that all areas of the premises are visible and shall provide increased lighting at all entrances to the premises. The lighting shall be turned on from dusk to dawn.
7.Ground cover shall be no higher than two feet; lower tree canopies of mature trees shall be above six feet; and tree canopies shall not interfere with or block lighting. (Ord. 3674 § 15, 2023)