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Pursuant to the authority delegated by the state to the city under Section 26054(b) of the California Business and Professions Code and overriding the location and design requirements contained in Section 26054(b) of the California Business and Professions Code, cannabis retailers in the city shall be subject to the following location and design requirements:

(1) Retailers shall be a permitted use subject to both the described application criteria and this chapter on property (a) located more than 600 feet from any school, day care center, youth center, or place of religious assembly and (b) zoned: Civic Mixed-Use (CivicMU) or Urban Agriculture Overlay Zone (-UA)

(2) The distances specified in this section shall be measured in a straight line without regard to intervening structures, from the nearest point of the premises, measured from the walls of the premises to the nearest property line of the sensitive use.

(3) Each cannabis retailer shall:

(a) Be constructed in a manner that prevents odors to surrounding uses, and promotes quality design and construction, and consistency with the surrounding properties. Odors from the cannabis retailer shall not be detectable from outside the premises and adequate odor control technology shall be utilized;

(b) Be provided with adequate electricity, sewerage, disposal, water, fire protection, and storm drainage facilities for the intended purpose; and

(c) Provide and maintain a neighborhood compatibility plan so the city manager or designee(s) and the city council may find that the cannabis retailer and its operating characteristics are not detrimental to the public health, safety, convenience, or welfare of persons residing, working, visiting, or recreating in the surrounding neighborhood and will not result in the creation of a nuisance.

(d) Comply with all applicable standards and requirements for the design and construction of buildings and the landscaping and design of any property upon which a building is located and signage as the same are set forth under Titles 15, 16, 19 and 20 CMC. (Ord. 730 § 5, 2022).