The purpose and intent of this chapter is to define the zoning districts in which commercial cannabis uses are permitted consistent with the standards pursuant to Chapter
5.26. The provisions of this chapter are in addition to any other permits, licenses and approvals which may be required to operate cannabis business in the city.
(Ord. 18-387 § 1; Ord. 21-428 § 1)
"Cannabis"
means all parts of the plant Cannabis sativa Linnaeus, Cannabis
indica, or Cannabis ruderalis, whether growing or not; the seeds thereof;
the resin, whether crude or purified, extracted from any part of the
plant; and every compound, manufacture, salt, derivative, mixture,
or preparation of the plant, its seeds, or resin. "Cannabis" also
means the separated resin, whether crude or purified, obtained from
cannabis. "Cannabis" does not include the mature stalks of the plant,
fiber produced from the stalks, oil or cake made from the seeds of
the plant, any other compound, manufacture, salt, derivative, mixture,
or preparation of the mature stalks (except the resin extracted therefrom),
fiber, oil, or cake, or the sterilized seed of the plant which is
incapable of germination. For the purpose of this division, "cannabis"
does not mean "industrial hemp" as defined by Section 11018.5 of the
California
Health and Safety Code.
"Cannabis cultivation business"
means any business that, pursuant to a Type 1, Type 1A, Type
1B, Type 1C, Type 2, Type 2A, Type 2B, Type 3, Type 3A, Type 3B, Type
4, Type 5, Type 5A, Type 5B, or Type 12 state business license, or
their successors, cultivates cannabis or cannabis products.
"Cannabis delivery"
means the commercial transfer of cannabis or cannabis products
to a customer. "Cannabis delivery" also includes the use by a retailer
of any technology platform.
"Cannabis delivery business"
means any cannabis business that, pursuant to a Type 10 state
cannabis license, or its successors, delivers, makes available, or
distributes cannabis and cannabis products to a consumer.
"Cannabis dispensary"
means any cannabis business where medicinal or adult-use
cannabis or cannabis products are sold at retail, pursuant to a Type
10 state cannabis license, or its successors. A cannabis dispensary
may include a cannabis business that provides cannabis deliveries.
"Cannabis distribution business"
means any business that, pursuant to Type 11 or Type 13 state
cannabis license, or their successors, procures, sells, or transports
cannabis and cannabis products between cannabis businesses.
"Cannabis for personal use"
means any use or possession of cannabis that does not require
a license pursuant to Chapter 1 of Division 10 of the California Business
and Professions Code.
"Cannabis manufacturing business"
means any cannabis business that, pursuant to Type 6, Type
7, or Type 12 state cannabis license, or their successors, manufactures
cannabis or cannabis products.
"Cannabis product"
means cannabis or a product containing cannabis, including,
but not limited to, manufactured cannabis, and shall have the same
meaning as in Section 11018.1 of the California Health and Safety
Code. For purposes of this chapter, "cannabis" does not include industrial
hemp as defined by Section 81000 of the California Food and Agricultural
Code or Section 11018.5 of the California
Health and Safety Code.
"Cannabis testing laboratory"
means a cannabis business that tests cannabis or cannabis
products pursuant to a Type 8 state cannabis license, or its successors.
"Commercial cannabis activity"
means any activity including cultivation, manufacture, distribution,
processing, storing, laboratory testing, packaging, labeling, transportation,
delivery, dispensaries, collectives, cooperatives and sale of cannabis
or cannabis products that requires a state license.
(Ord. 18-387 § 1; Ord. 21-428 § 1)
A. The Use Table in Section
17.18.040 lists the zoning districts and commercial cannabis uses. The regulations for each district and use are established by letter designation as follows:
1. "C" designates commercial cannabis uses permitted upon approval of a conditional use permit, as provided in Chapter
17.112.
B. Commercial cannabis uses are defined in Section
17.18.020 and Section
5.26.030. In cases where a proposed use is not listed or defined, the use is prohibited.
(Ord. 18-387 § 1; Ord. 21-428 § 1)