Subject to all other regulations set forth in this Code, uses shall be allowed in a Cannabis Operation Overlay District (CO) as set forth in this article. Standards or regulations in effect in any zoning district or districts underlying a Cannabis Operation Overlay District (CO) shall remain in effect unless the subject matter of such standard or regulation is addressed in this article. The provisions of any Cannabis Operation Overlay District (CO) shall prevail in the event of any conflict with the provisions of any zoning district or districts upon which it is overlaid.

(§ 11, Ord. 819-C.S., eff. November 7, 2017; § 2, Ord. 844-C.S., eff. June 12, 2019)

The purpose of each Cannabis Operation Overlay District (CO) is to allow the City to retain the greatest amount of control over the location and number of certain cannabis businesses and related activities. Without proper regulation, these cannabis businesses and related activities have the potential to adversely impact residents, employees, businesses, and properties in the areas surrounding them. Therefore, to protect public health, safety, and welfare, the City has established overlay zoning in order to efficiently implement specific standards for the establishment and operation of certain cannabis businesses and related activities.

(§ 11, Ord. 819-C.S., eff. November 7, 2017; § 2, Ord. 844-C.S., eff. June 12, 2019)

The following districts are hereby created, which shall overlay any underlying zoning district or districts, as further depicted in the zoning map described in Article 3 of this chapter:

(a)

Cannabis Operation, Fairmont Overlay District (CO-F);

(b)

Cannabis Operation, Linda Mar Overlay District (CO-LM);

(c)

Cannabis Operation, Park Pacifica Overlay District (CO-PP);

(d)

Cannabis Operation, Rockaway Beach Overlay District (CO-RB);

(e)

Cannabis Operation, Sharp Park Overlay District (CO-SP).

(§ 11, Ord. 819-C.S., eff. November 7, 2017; § 2, Ord. 844-C.S., eff. June 12, 2019)

Cannabis operations shall be allowed within the Cannabis Operation Overlay District (CO) as provided in this section. The term "Cannabis Operation" shall have that meaning as defined in Article 48 of this chapter. Any and all cannabis operations not expressly described herein, or otherwise allowed in an underlying zoning district or districts, are expressly prohibited.

(a)

Permitted uses. None.

(b)

Conditional uses. Conditional uses allowed in the Cannabis Operation Overlay District (CO), subject to obtaining a cannabis activity permit, and further subject to the definitions, supplemental findings, and other provisions contained in Article 48 of this chapter, shall be as follows:

(1)

Cannabis retail operation, as defined in Article 48 of this chapter.

(c)

Planned Development District (P-D). When a Planned Development District (P-D) underlies a Cannabis Operation Overlay District (CO), a cannabis business or activity described in this article may be allowed upon approval of a cannabis activity permit, and shall not require approval of a development plan or an amendment to an existing development plan.

(§ 11, Ord. 819-C.S., eff. November 7, 2017; § 2, Ord. 844-C.S., eff. June 12, 2019)

The number of cannabis operations allowed within a Cannabis Operation Overlay District (CO) shall be the number set forth in this section.

(a)

Cannabis retail operation. The number of cannabis retail operations within the City of Pacifica shall not exceed six (6), and within that overall limitation, the number allowed within any Cannabis Operation Overlay District (CO) shall be further limited to the maximum provided in the following table:

Table 9-4.1755(a)

NUMERICAL LIMITATIONS

(§ 11, Ord. 819-C.S., eff. November 7, 2017; § 2, Ord. 844-C.S., eff. June 12, 2019)

The development standards within any Cannabis Operation Overlay District (CO) shall be those development standards in effect in the underlying zoning district or districts.

(§ 11, Ord. 819-C.S., eff. November 7, 2017; § 2, Ord. 844-C.S., eff. June 12, 2019)

Nothing in this article shall be construed to supersede or in any way alter or lessen the effect or application of any requirement to obtain a discretionary permit pursuant to the standards of any zoning district or districts underlying a Cannabis Operation Overlay District (CO), including, without limitation, a coastal development permit, a permit to construct or to modify any structure, or a change of use.

(§ 11, Ord. 819-C.S., eff. November 7, 2017; § 2, Ord. 844-C.S., eff. June 12, 2019)