I. RECOMMENDATION:
This is a future agenda item originally requested by Councilman Adkisson. Staff is seeking direction from the Council on this item as to how to proceed.
II. BACKGROUND:
Section 9-5.128(d)(12) of the Planning and Zoning Code states that Cannabis operations, except for store-front retail, shall comply with the distance separation requirements from schools as required by State law. In addition, a commercial cannabis operation shall not be located within 1,800 feet from any existing school or proposed school site as identified in the General Plan. Measurements shall be from property boundary to property boundary. For purposes of this section, school means any public or private school providing instruction in kindergarten or grades 1—12, inclusive, but does not include any private school in which education is primarily conducted in private homes. California State Regulations state that a proposed premises shall not be within a 600-foot radius of the perimeter of a school providing instruction in kindergarten or any grades 1 through 12.
Retail Specific: CA B&P Code Section 26054(b) state that a storefront retail premise licensed under this division shall not be located within a 600-foot radius of a school providing instruction in kindergarten or any grades 1 through 12, day care center, or youth center that is in existence at the time the license is issued, unless a licensing authority or a local jurisdiction specifies a different radius. The distance specified in this section shall be measured in the same manner as provided in subdivision (c) of Section 11362.768 of the Health and Safety Code unless otherwise provided by law.
The City is currently consistent with the 600-foot radius for store-front retail licenses.
III. DISCUSSION:
At the September 3, 2020 City Council meeting, the City Council requested that staff provide a map that would identify the current radius from schools as stated in the planning and zoning code and what potential changes would look like if the distance is reduced to 1,000-foot. If the council wishes to reduce the distance requirement, a subsequent zoning text amendment would need to occur. Staff has attached several exhibits that show the current 1,800 foot radius from applicable schools and future school locations and additional exhibits with a 1,000 and 600 foot radius from the same locations for the Council to review.
IV. ALTERNATIVES:
None as staff is seeking direction from the City Council.
V. FISCAL IMPACT:
None determined at this time however, it would open more land for cannabis businesses and increase potential tax revenue if the distance requirements are reduced. | | |