A.

The purpose and intent of this chapter are to require that cannabis be cultivated so as not to be visible to the general public, to provide for the health, safety and welfare of the public, to prevent negative impacts to property values, to prevent odor created by cannabis plants from impacting adjacent properties, to prevent crime associated with cannabis, and to ensure that cannabis cultivation remains secure and does not find its way to minors or illicit markets. Nothing in this chapter is intended to authorize the cultivation, possession, or use of cannabis in violation of state or federal law.

B.

It is also the purpose of this chapter to prohibit the location and operation of all commercial cannabis activity, both medical and non-medical, within the city except as expressly permitted.

C.

It is also the purpose of this chapter to fulfill the purposes and intents set forth in chapter 5.32. No person shall operate a cannabis business without first obtaining a city cannabis business permit and complying with all the requirements of chapter 5.32 and complying with all applicable state law requirements including obtaining a license or permit required by the state to operate a cannabis business.

D.

It is not the intent of this chapter to create conflict or inconsistency between this chapter and the federal or state constitutions, the federal controlled substances act, or state law.

(Code 1985, § 17.79.010; Ord. No. 553, § 2, 7-24-2017; Ord. No. 572, § 2(17.79.010), 6-14-2021)

As permitted by state law, persons 21 years of age or older may cultivate cannabis within the city, provided such persons comply with all state law requirements and the regulations contained in this section.

A.

Outdoor cultivation of cannabis.

1.

No cannabis cultivated outdoors, whether for medical or non-medical (recreational) use, within the city shall be visible from a public right-of-way.

2.

No cannabis shall be cultivated outdoors on a property that is within 600 feet of a public or private preschool or K-12 school, licensed day care center, or public park managed by the city. The distance between parcels shall be the horizontal distance measured in a straight line from any property line of the sensitive use to the closest property line of the lot on which the cannabis is or is to be cultivated, without regard to any intervening structures.

B.

Indoor cultivation of cannabis. Cannabis cultivated indoors, within the city, shall be in conformance with the following standards:

1.

From a public right-of-way, there shall be no exterior evidence of cannabis cultivation.

2.

Cultivation of cannabis indoors shall be conducted in compliance with all applicable city and state building, health and safety codes.

(Code 1985, § 17.79.030; Ord. No. 553, § 2, 7-24-2017; Ord. No. 572, § 2(17.79.020), 6-14-2021)

Except as specifically authorized in this Code, no cannabis-related business is permitted to locate or operate within the city. Cannabis-related business includes medical cannabis businesses described in the Medicinal and Adult-Use Cannabis Regulation and Safety Act, Business and Professions Code § 26000 et seq., as cultivators, manufacturers, testing businesses, retailers, distributors, and microbusinesses.

(Code 1985, § 17.79.040; Ord. No. 553, § 2, 7-24-2017; Ord. No. 572, § 2(17.79.030), 6-14-2021)

No person may engage in any commercial cannabis activity within the city unless the person:

A.

Has a valid commercial cannabis business permit from the city; and

B.

Is currently in compliance with all applicable state and local laws and regulations pertaining to the commercial cannabis activity including the duty to obtain any required state licenses.

(Ord. No. 572, § 2(17.79.040), 6-14-2021)

A.

This section is only intended to create a maximum number of commercial cannabis businesses that may be issued permits to operate in the city, subject to the issuance of a use permit. Nothing in this chapter creates a mandate that the city council must issue any or all of the commercial cannabis business permits if it is determined that the applicants do not meet the standards which are established in the application requirements or further amendments to the application process or that the city council upon further deliberation determines that the issuance of any or all commercial cannabis business permits will impact the public health, safety, welfare or other policy concerns which may be detrimental in the issuance of these permits. No temporary permits shall be granted for special events.

B.

The number of commercial cannabis business permits for storefront retailers shall be a maximum of two.

C.

The number of commercial cannabis business permits for non-storefront retailers (delivery) shall be a maximum of two.

(Ord. No. 572, § 2(17.79.050), 6-14-2021)

Subject to the issuance of a use permit under sections 17.80.030 through 17.80.050 and approval by the city council, the following commercial cannabis activities shall be conditionally permitted only as follows:

A.

Cannabis storefront retailers. In the following zoning designations: General Commercial and Retail (C-1), General Commercial (C-2), no closer than 600 feet from any portion of any parcel in the city limits containing a school, including pre-school, transitional kindergarten, and K-12 that is in existence at the time the initial cannabis business permit is issued.

B.

Cannabis non-storefront retailers. In the following zoning designations: General Commercial (C-2) and General Industrial (M-1), no closer than 600 feet from any portion of any parcel in the city limits containing a school, including pre-school, transitional kindergarten, and K-12 that is in existence at the time the initial cannabis business permit is issued.

(Ord. No. 572, § 2(17.79.060), 6-14-2021)

The distance between parcels shall be the horizontal distance measured in a straight line from any property line of the sensitive use to the closest property line of the lot on which the cannabis business is to be located, without regard to any intervening structures.

(Ord. No. 572, § 2(17.79.070), 6-14-2021)

Prior to commencing operations, a cannabis business must obtain a certification from the planning director certifying that the business is located on a site that meets all of the requirements of this chapter.

(Ord. No. 572, § 2(17.79.080), 6-14-2021)

Prior to obtaining the use permit required by section 17.79.040, all persons desiring to engage in commercial cannabis activity within the city shall be required to execute, in a form acceptable to the city, a development agreement for the property where the commercial cannabis activity is to occur. The development agreement shall include, among other things, terms that relate to:

A.

Development standards;

B.

Design and construction;

C.

Signage;

D.

Security plans;

E.

Community benefits;

F.

Annual review;

G.

Contractual payments;

H.

Default and remedies.

(Ord. No. 572, § 2(17.79.090), 6-14-2021)

A.

Any violation of this chapter is hereby declared to be a public nuisance.

B.

A violation of this chapter may be abated by the city attorney, or other counsel retained by the city, by the prosecution of a civil action for injunctive relief and/or by the abatement procedure set forth in city or state law.

C.

The police chief, or the chief's designee (hereafter the "enforcement official"), is hereby authorized to order the abatement of any violation of this chapter by following the abatement procedure as defined in chapter 8.04.

D.

The remedies provided herein are cumulative, alternative and nonexclusive. The use of one does not prevent the use of any others, and none of these remedies prevents the city from using any other remedy at law or in equity which may be available to enforce this chapter or to abate a public nuisance.

E.

A violation of this chapter may be charged as a criminal violation, if allowed by state law.

(Code 1985, § 17.79.060; Ord. No. 553, § 2, 7-24-2017; Ord. No. 572, § 2(17.79.100), 6-14-2021)