Monterey Park City Zoning Code
CHAPTER 21
27 CANNABIS-RELATED USES
§ 21.27.010 Purpose.
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)
§ 21.27.020 Definitions.
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)
§ 21.27.030 Conditional Use Permit Required.
Except as otherwise provided by applicable law, it is unlawful for any person to maintain a cannabis-related use on any property in the City unless a valid conditional use permit authorizes the cannabis-related use on the subject property.
(Ord. 2241, 12/20/2023; Ord. 2242, 1/17/2024)
§ 21.27.040 Location Restrictions.
(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:
(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 delivery-only 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)
§ 21.27.050 Distance Measurements.
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 cannabis-related business is to be located, without regard to any intervening structures.
(Ord. 2241, 12/20/2023; Ord. 2242, 1/17/2024)
§ 21.27.060 Operations Plan Required.
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)