Chapter 17.78
CONDITIONAL USE PERMITS*

Sections:

17.78.010  Purpose.

17.78.020  Application and procedure.

17.78.025  Planning commission action required.

17.78.030  Required findings and conditions.

17.78.032  Additional findings and conditions for medical cannabis dispensaries.

* Prior ordinance history: Ord. 270.

17.78.010 Purpose.

Use permits are required to allow public review and city discretion in the control of certain uses which may be necessary but which may cause public concern, affect property values or disturb the character of a neighborhood if they are not carefully located and controlled. The use permit process is necessary to carry out review and exercise control over this category of potentially harmful or inappropriate uses. Use permits may be approved or denied by the planning commission. They are usually conditional when they are approved. They may be revocable or valid for a term period. Guarantees to ensure compliance with terms and conditions may be required. (Ord. 323 §48(part), 1992)

17.78.020 Application and procedure.

All applications for permits as required by this chapter shall be in writing, filed in the office of the city clerk and upon a form prescribed by and furnished by the city clerk. Upon receipt of an application, the city staff shall review it and if they find that it is complete, they shall so certify. The application shall contain the required information as specified by resolution of the city council and be processed according to procedures established by resolution of the city council. Applications for development plans shall conform to all applicable standards and requirements of this title such as landscaping, off-street parking and street improvements unless a waiver is applicable and is obtained. Likewise, such applications shall conform to all other applicable standards and requirements as may be contained in other titles within the Municipal Code or as may be adopted by resolution and maintained by the city clerk. (Ord. 323 §48(part), 1992)

17.78.025 Planning commission action required.

All conditional use permit applications shall be subject to a duly noticed public hearing before the planning commission prior to consideration of approval, conditional approval or denial by the commission. (Ord. 323 §48(part), 1992)

17.78.030 Required findings and conditions.

Any approval of conditional use permits shall be by affirmative vote of not less than a majority of all voting members. No use permit shall be granted by the commission or council unless all of the following findings can be made:

A. The site for the proposed use is adequate in size and shape to accommodate said use and all yards, spaces, walls and fences, parking, loading, landscaping and other features required by this chapter are needed to make said use compatible with land uses in the neighborhood; and

B. The site for the proposed use is related to street and highways adequate in width and surface type to carry the quantity and kind of traffic generated by the proposed use; and

C. The proposed use will have no significant adverse effect on affected property; and

D. The conditions stated in the decision are deemed to protect the public health, safety and general welfare; and

E. The proposed use is in compliance with the general plan and this title. (Ord. 323 §48(part), 1992)

17.78.032 Additional findings and conditions for medical cannabis dispensaries.

In addition to the required findings and conditions of Section 17.78.030, all conditional use permit applications for medical cannabis dispensaries shall be subject to the following requirements and standards regarding the location and operation of such facilities. No use permit shall be granted unless a finding can be made that all of the following standards are met:

A. Mandatory Local Standard. No medical cannabis dispensary shall be located:

1. In any residential zone, or on any site or property that contains residential uses, either as a principal or accessory use; or

2. Within one thousand feet of another medical cannabis dispensary, an elementary school, middle school, high school, public library, or public park; or

3. Within one thousand feet of a youth-oriented establishment characterized by either or both of the following:

a. The establishment advertises in a manner that identifies the establishment as catering to or providing services primarily intended for minors; or

b. The individuals who regularly patronize, congregate or assemble at the establishment are predominantly minors.

The uses and zones set forth in this subsection shall be collectively known as "sensitive uses." The distance between a medical cannabis dispensary and a "sensitive use" shall be measured in a straight line, without regard to the intervening structures or objects, from the property line of the property on which the "sensitive use" occurs or is located to the property line of the property on which the medical cannabis dispensary is located.

B. Accessory Use. A medical cannabis dispensary is not and may not be approved as accessory use to any other use permitted by this code.

C. A medical cannabis dispensary shall not include the following uses, as long as the location of such uses are otherwise regulated by this code or applicable law:

1. A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code,

2. A health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code; or

3. A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code; or

4. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code; or

5. A residential hospice, or a home health agency licensed pursuant to Chapter 8 of the Health and Safety Code, as long as such use complies strictly with applicable law including, but not limited to, Health and Safety Code Section 11362.5 et seq.

D. No dispensary shall hold or maintain a license from the State Department of Alcoholic Beverage Control to sell alcoholic beverages, or operate a business that sells alcoholic beverages.

E. No dispensary shall conduct or engage in the commercial sale of any product, good or service. The term "commercial sale" does not include the provision of medical cannabis on terms and conditions consistent with this code and applicable law. (Ord. 410 §4(part), 2004)