Honorable Mayor and Members of the City Council through City Manager

Transcription

1 Agenda Item #S.A DATE: February 26, 2018 TO: FROM: SUBJECT: Honorable Mayor and Members of the City Council through City Manager Ingrid Alverde, Economic Develoment Introduction of an Ordinance Amending the Text of the Imlementing Zoning Ordinance to Accommodate Commercial Cannabis Businesses in Business Park and Industrial Zones RECOMMENDATION It is recommended that the City Council Introduce an Ordinance Amending the Text of the Imlementing Zoning Ordinance to Accommodate Commercial Cannabis Businesses in Business Park and Industrial Zones Subject to and in Accordance with Chater of the Petaluma Municial Code, the City of Petaluma Commercial Cannabis Permit Regulations, and Other Alicable Law. BACKGROUND On December 4, 2017, the City Council adoted an ordinance banning medical and adult use cannabis-related activities in the City with excetions allowed for cultivation and secified manufacturing, testing and retail delivery oerations. On December 18, 2017 the City Council aroved a resolution adoting comrehensive regulations roviding for how commercial cannabis businesses would be ermitted and regulated within the City of Petaluma. The City's Cannabis Ordinance rovides that limited commercial cannabis activity ermitted under the Cannabis Ordinance may only be conducted in areas of the City where the City's zoning regulations ermit such uses. Because the City's zoning regulations cunently do not address commercial cannabis activity, a zoning text amendment is needed to identify where such businesses can locate before commercial cannabis ermits can be issued. Staff roosed a zoning text amendment, based on discussion with the City Council that limits commercial cannabis activity to business ark and industrial zones. On January 26, 2018, the Planning Commission adoted a resolution recommending that the City Council arove text amendments to the Imlementing Zoning Ordinance to accommodate commercial cannabis businesses in Business Park and Industrial Zones. DISCUSSION Zoning text amendments are governed by Chater 25 of the Imlementing Zoning Ordinance and by California Government Code Section Chater 25 rovides that the Planning

2 Commission may recommend zoning text amendments for aroval to the City Council based on Planning Commission findings that the roosed amendments are in conformance with the City's General Plan and consistent with the ublic necessity, convenience, and general welfare. The Planning Commission agreed with staffs recommendation that cannabis businesses are most aroriately located in Business Park (BP) and Industrial (I) zones in the City because the oerational imacts most resemble light manufacturing, laboratory testing, and warehousing and distribution- uses that are currently allowed in the BP and I zoning districts. As a result of a number of features included in the City Council's adoted Cannabis Regulations, it is sufficient to ermit commercial cannabis activity in Business Park and Industrial districts by right (subject to comliance with the City's Cannabis Regulations) without also requiring cannabis business oerators to obtain conditional use ermits. Under the City Council's adoted regulations, commercial cannabis ermits will be issued annually - roviding a 1-year entitlement to conduct a commercial cannabis activity. If a business does not meet rogram requirements, the City's Cannabis Regulations can be enforced using Petaluma's code comliance rocess or by denying a renewal of the ermit for the following year. Permit renewals can be denied if it is found that a commercial cannabis business resents one or more of the following characteristics: Would threaten the ublic health, safety or welfare by continuing to oerate Provided incorrect or misleading information on their alication Failed to oerate in accordance with all local, state and federal laws Has had its state commercial cannabis license revoked Closed for three consecutive months Is no longer a ermitted use under state law Would subject the City and/or its officials to federal enforcement Should have its cannabis business ermit susended, revoked or modified to rotect the ublic health, safety and welfare due to changed circumstances from the time the ermit was issued Has not remained cunent on alicable City taxes or fees Accordingly, under the City's Cannabis Regulations, etmits for cannabis businesses can be revoked if the business is causing adverse imacts to the community or is otherwise violating the City's Cannabis Regulations. The City's commercial cannabis e1mit rogram will be managed by the Petaluma Police Demiment, which will have substantial regulatory tools available under the City's Cannabis Regulations to rotect ublic safety even without conditional use ermittye requirements for commercial cannabis businesses under the City's Zoning Ordinance. State law rohibits commercial cannabis businesses from oerating on roe1iy located within 600 feet of a school or a childcare center. The recommended resolution and ordinance establishes additional buffers to searate cannabis businesses by at least 200 feet :fi om arks, youth centers, and libraries, and 100 feet from residential districts. This recommendation is incororated in footnote 18 in the attached resolution and draft ordinance. Attachment 3 illustrates the locations where commercial cannabis businesses could locate consistent with the staff recommendation. Page 2

3 In addition to changes to the text and use matrix of the Imlementing Zoning Ordinance, changes to Chater 28 - Glossaty are needed to define the new uses referenced in the use tables. The uses to be added and defined are: Laboratory - Cannabis -testing laboratories that offer or erfmm testing of cannabis or cannabis roducts in accordance with Petaluma Municial Code sections and , and the current City of Petaluma Commercial Cannabis Permit Regulations. Manufacturing - Cannabis - businesses that manufacture and sell toical or edible cannabis roducts using cannabis infusions, infusion rocesses, or cannabis concentrates only business to business (non-retail) in accordance with Petaluma Municial Code section and the cunent City of Petaluma Commercial Cannabis Permit Regulations. Excludes manufacture of cannabis roducts involving volatile solvents, and reackaging cannabis or cannabis roducts or re-labeling cannabis or cannabis roduct containers. Retail Sale and Delivery - Cannabis - businesses that sell cannabis and cannabis roducts using a delivery-only method at a maximum of two different locations in the City, with no sale of cannabis or cannabis roducts to customers, rimary care givers or qualified atients occurring at the business location, no customers, rimary care givers or qualified atients mmitted at the business location at any time and no signage at the business location or on the delivery vehicles indicating the resence of cannabis or cannabis roducts or that the seller sells cannabis or cannabis roducts in accordance Petaluma Municial Code sections and , and the Cunent City of Petaluma Commercial Cannabis Pe1mit Regulations. The Planning Commission made the necessary findings that the roosal confmms to the Petaluma General Plan, and is consistent with the ublic necessity, convenience and general welfare in accordance with Section (B) of the Imlementing Zoning Ordinance. This roosal is consistent with and suorts the City of Petaluma General Plan's Economic Health and Sustainability Element by fostering economic vitality, diversity and oortunity for local businesses such that they will rovide meaningful emloyment for Petaluma residents. Allowing Petaluma businesses to atiiciate in a new economic sector created by state law legalization of adult use and medicinal cannabis will sumi fiscal soundness for the City of Petaluma. Also, this action sumis Section 9.1 of the General Plan, Economic Omiunity, by allowing the community to caitalize on local assets and eliminate the conditions that discourage businesses from remaining in or relocating to the City. These text amendments will also rovide an anay of emloyment oortunities to existing and future residents by assuring diversity in Petaluma's industly and enterrise mix. Manufacturing, testing and delivery of commercial and medicinal 9annabis will also suort local businesses that rely substantially on local inuts to roduce the roducts that they exmi to the rest of the region and elsewhere as outlined in General Plan Section 9.2, Economic Sustainability. Page 3

4 The Planning Commission found that the roosed amendments are consistent with the ublic necessity, convenience and welfare of the City in that they: Ensure Petaluma's land use and zoning regulations rovide for safe and aroriate locations where testing, manufacturing and delivery-only retail sales of Adult and Medical Cannabis can occur consistent with Chater of the Petaluma Municial Code Section and the cunent City of Petaluma Commercial Cannabis Permit Regulations; and Comly with the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) adoted by the California legislature; and Comly with government code sections that establish a comrehensive system to control and regulate the cultivation, distribution, transort, and storage of adult use and medicinal cannabis roducts for atients with valid hysician's recommendations and adults 21 years of age and over; and Provide for buffers to assure that establishments testing, manufacturing or selling cannabis roducts are a safe distance from schools, child care centers, arks, and residential land uses. ENVIRONMENTAL REVIEW The roosed zoning text amendments are exemt from CEQA ursuant to CEQA Guidelines Sections 15061(b) (3), 15183, 15301, 15302, and as follows: Section 15061(b) (3), General Rule, of the CEQA Guidelines is alicable as there is no ossibility that the activity may have a significant imact on the environment in that secified uses are limited to those exressly ermitted under the roosed zoning text amendments and the ermitted uses are subject to comliance with all alicable state laws including the Medical Marijuana Regulation and Safety Act and all rovisions of the California Deartment of Toxic Substance Control. Section of the CEQA Guidelines rovides an exemtion for rojects that are consistent with the General Plan. The subject zoning text amendments will direct commercial cannabis businesses to aroriate business ark and industrial zones where similar uses are already ermitted, such as allowing cannabis manufacturing or cannabis testing uses where non-cannabis manufacturing or testing facilities are cunently allowed. Sections 15301, 15302, and of the CEQA Guidelines, are alicable in that the roosed zoning amendments will allow commercial cannabis businesses with a City of Petaluma issued Commercial Cannabis Permit to: 1) re-tenant existing commercial and industrial facilities designed to sumi such uses; 2) relace, modify or otherwise reconstmct existing commercial and industrial facilities with a new stmcture of substantially the same size, urose and caacity; and/or 3) constmct new small stmctures including fences, gates, greenhouses, and small scale Page 4

5 commercial and industrial facilities. There are no cumulative imacts, unusual circumstances or other factors that would make the exemtion inalicable. For the above reasons, the roosed amendments are exemt from environmental review. PUBLIC COMMENT Public notice was ublished in an eighth age ad in the Argus-Courier on February 15, No secific ublic comment has been received in resonse to this ublic notice as of rearation of this reort. ATTACHMENTS 1. Ordinance Amending the Imlementing Zoning Ordinance 2. REDLINE of Proosed Changes to Imlementing Zoning Ordinance 3. Commercial Cannabis Business Ma Page 5

6 ATTACHMENT 1 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING THE TEXT OF THE IMPLEMENTING ZONING ORDINANCE, ORDINANCE 2300 N.C.S., CHAPTER 4 SECTION ALLOWABLE LAND USES AND PERMIT REQUIREMENTS AND CHAPTER 28- GLOSSARY TO ACCOMMODATE COMMERCIAL CANNABIS BUSINESSES IN BUSINESS PARK AND INDUSTRIAL ZONES SUBJECT TO AND IN ACCORDANCE WITH CHAPTER OF THE PETALUMA. MUNICIPAL CODE, THE CITY OF PETALUMA COMMERCIAL CANNABIS PERMIT REGULATIONS, AND OTHER APPLICABLE LAW WHEREAS, in November 2016, California voters aroved the Control, Regulate and Tax Adult Use of Marijuana Act, referred to in ballot materials as the Adult Use of Marijuana Act (uauma"l which established a regulatory scheme for nonmedical marijuana similar to that established for medical marijuana under the Medical Marijuana Regulation and Safety Act (MMRSA); and WHEREAS, following its adotion by California voters, the AUMA was codified in various rovisions of state law, including in Article 2 entitled "Cannabis" in the Uniform Controlled Substances Act within the California Health and Safety Code, and in Division 10 entitled the "Medicinal and Adult-Use Cannabis Regulation and Safety Act" of the California Business and Professions Code; and WHEREAS, as codified in the California Health and Safety Code and the California Business and Professions Code, the AUMA decriminalized for uroses of state law secified nonmedical cannabis uses ursuant to California Health and Safety Code section , including, ossession, rocessing, transorting, urchasing, obtaining and given away to ersons 21 years old older, without comensation, not more than 28.5 grams of nonconcentrated cannabis or not more than 8 grams of concentrated cannabis, including cannabis contained in cannabis roducts; ossessing, lanting, cultivating, harvesting, drying or rocessing not more than six living cannabis lants and ossessing the cannabis roduced by the lants; smoking or ingesting cannabis or cannabis roducts, and ossessing, transorting, urchasing, obtaining, using, manufacturing, or giving away to ersons 21 years of age or older without comensation cannabis accessories; and WHEREAS, in resonse to enactment of the AUMA, the City Council introduced on November 13, 2017 and subsequently adoted on December 4, 2017, Ordinance No N.C.S. reealing and relacing former Chater of the Petaluma Municial Code entitled {/Medical Marijuana" with a new chater entitled "Cannabis" extending the City's cannabis regulations to non-medical cannabis uses in the City; and Page 6

7 WHEREAS, Section of Ordinance 2634 N.C.S. rovides that the urose of Chater 15 is to recognize and resect the will of the California voters in aroving the AUMA through adotion of less restrictive local cannabis regulations, while at the same time romoting the ublic health, safety and welfare of the Petaluma community; and WHEREAS, Section of Ordinance 2634 N.C.S. authorizes certain limited commercial cannabis activity, subject to issuance of a City ermit therefore, for manufacture and wholesale sale of toical or edible cannabis roducts, testing laboratories, and deliveryonly retail sale at u to two locations in the City; and WHEREAS, Section rovides that the City Council shall adot regulations or authorize the City Manager to romulgate regulations intended to imlement the requirements of Ordinance 2634 N.C.S.; and WHEREAS, Section , aragrah (B) of Ordinance 2634 N.C.S. rovides that the commercial cannabis activities authorized under that section may only be carried out while and to the extent the activity is conducted ursuant to and in accordance with a current, valid, unexired, unrevoked, fully-aid, license, ermit or other authorization or notice issued by an authorized city official, and ursuant to and in accordance with all other alicable state and local laws and regulation, including, but not limited to the regulations adoted or romulgated ursuant to section , and that such commercial cannabis activities may only be conducted in areas of the City where such uses are ermitted in accordance with the City's zoning regulations; and WHEREAS, Section of the City of Petaluma Imlementing Zoning Ordinance (IZO) rovides in ertinent art that no amendment that regulates matters listed in Government Code Section 65850, which matters include the use of buildings and structures, shall be made to the IZO unless the Planning Commission and City Council find the amendment to be in conformity with the General Plan and consistent with the ublic necessity, convenience and general welfare in accordance with Section (8) of the IZO; and WHEREAS, the City Council found that due to the negligible environmental imacts anticiated from enactment of new Chater of the Petaluma Municial Code, Ordinance 2634 N.C.S. was exemt from CEQA ursuant to Sections 15061(b)(3), 15301and of the CEQA Guidelines; and WHEREAS, on December 18, 2017, the City Council adoted regulations addressing such matters as commercial cannabis ermit eligibility, commercial cannabis business owner and emloyee requirements, cannabis business location limitations, commercial cannabis ermit alications, renewals, transfers, denials and revocations, commercial cannabis businesses oerating requirements, and enforcement; and WHEREAS, the text amendments contained in this ordinance would modify the City's Imlementing Zoning Ordinance, Chater 4, Section Allowable Land Uses and Permit Page 7

8 Requirements and Chater 28 - Glossary to imlement the requirements in Section {A) of the Petaluma Municial Code, and the City of Petaluma Commercial Cannabis Permit Regulations; and WHEREAS, the text amendments contained in this ordinance involve uses that are subject to comliance with all alicable state laws including the AUMA and the rovisions of the California Deartment of Toxic Substance Control; and WHEREAS, the text amendments contained in this ordinance direct commercial cannabis businesses to aroriate business ark and industrial zones where similar uses are already ermitted, by allowing cannabis manufacturing and cannabis testing uses where noncannabis manufacturing and testing facilities are currently allowed; and WHEREAS, the text amendments contained in this ordinance would allow qualified commercial cannabis businesses to oerate under City issued ermits to 1: ) re-tenant existing commercial and. industrial facilities designed to suort such uses; 2) relace, modify or otherwise reconstruct existing commercial and industrial facilities with a new structure of substantially the same size, urose and caacity; and/or 3) construct new small structures including fences, gates, greenhouses, and small scale commercial and industrial facilities; and WHEREAS, on January 25, 2018, ublic notice of the February 13, 2018 Planning Commission meeting to consider the amendments to the Imlementing Zoning Ordinance, Chater 4, Section Allowable Land Uses and Permit Requirements and Chater 28 - Glossary was ublished in the Argus-Courier and sent to all members of the ublic on the interested arties list for this item; and WHEREAS, on February 13, 2018, the Planning Commission held a duly noticed ublic hearing in accordance with Chater 25 of the Imlementing Zoning Ordinance to consider the amendments; WHEREAS, after the conclusion of said ublic hearing, the Planning Commission adoted Resolution No XX, recommending that the City Council adot the amendments; and WHEREAS, on February 15, 2018, a ublic notice of the February 26, 2018 ublic hearing before the City Council to consider the amendments was ublished in the Argus-Courier; and, WHEREAS, on February 26, 2018, the City Council of the City of Petaluma held a duly noticed ublic hearing to consider the amendments; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: Section 1. FINDINGS. The City Council of the City of Petaluma hereby finds: Page 8

9 1. In accordance with Sections and (B} of the City's Imlementing Zoning Ordinance, Ordinance no N.C.S., ("IZO"), that the rovisions amending the IZO, Table of Contents, Chater 4, Section Allowable Land Uses and Permit Requirements and Chater 28 - Glossary, as hereinafter set forth, (collectively, "the amendments"), are in general conformity with the Petaluma General Plan 2025 in that these changes do not change the tye of uses allowed in the Business Park and Industrial Areas. 2. In accordance with Section (B} of the IZO, the roosed amendments are consistent with the ublic necessity, convenience and welfare in that they: a. Ensure Petaluma's land use and zoning regulations rovide safe and aroriate locations where testing, manufacturing and sale by delivery of Adult and Medical Cannabis can occur consistent with Chater of the Petaluma Municial Code, and the City of Petaluma Commercial Cannabis Permit Regulations adoted December 18, 2017; b. Comly with the Adult Use of Marijuana Act aroved by California voters in November 2017 and codified in California law as the MMRSA; c. Comly with California Business and Professions Code sections which regulate the cultivation, distribution, transort, storage of adult use and medicinal cannabis roducts for atients with valid hysician's recommendations and adults 21 years of age and over; and d. Provide for buffers to assure that establishments testing, manufacturing or selling cannabis roducts are a safe distance from schools, child care centers, arks, and residential land uses. 3. The roosed zoning text amendments are exemt from CEQA ursuant to CEQA Guidelines Sections 15061(b}(3}, 15183, 15301, 15302, and 15303, in that commercial cannabis uses are only ermitted in locations that already allow for similar non-cannabis uses, are subject to issuance of a commercial cannabis ermit by the City of Petaluma Police Deartment, and are obligated to oerate in accordance with State Law, Chater of the Petaluma Municial Code and the City of Petaluma Commercial Cannabis Permit Regulations adoted December 18, Section 2. Section Allowable Land Uses and Permit Requirements, Table 4.4 Allowed Land Uses and Permit Requirement for Commercial Business Park and Industrial Zones, City of Petaluma IZO, Ordinance No N.C.S. is hereby amended to read as follows: Page 9

10 Commercial, Business Park, and Industrial Zones TABLE 4.4 Allowed Land u ses and Permit Requirements for Commercial, Business Park, and Industrial Zones LAND USE TYPE (1) INDUSTRY, MANUFACTURING & PROCESSING Artisan/craft roduct manufacturing Catering service, as a rimary use Furniture and fixtures manufacturing, cabinet sho Laboratory- Medical, analytical Laboratory- Cannabis Laundry, dry cleaning lants Manufacturing/rocessing- Light Manufacturing/rocessing- Medium intensity Manufacturing/rocessing- Cannabis Media Production Petroleum roduct storage and distribution Printing and ublishing Recycling facility Recycling facility- Scra and dismantling yard Research and develoment Retail Sale and Delivery- Cannabis Storage yard- outdoor Storage -warehouse, indoor storage Wholesaling and distribution Key to zone symbols: Cl- Commercial! C2- Commercial 2 P(16) Permitted Use CUP Conditional Use Permit Required s Permit Requirement in Secific Use Regulations A Accessory Use - Use Not Allowed Permit Required by Zone Secific Use Cl C2 BP I Regulations P(6) P(6) BP- Business Park!-Industrial - P(18, 19) - - P(18, 19) P(11) - P(18, 19) - - P(18, 19) P(18, 19) CUP P(11) - P(18, 19) CUP Muni Code Chater Muni Code Chater Muni Code Chater Notes: (1) See Glossary for land use definitions (2) Home Occuation Permit and Business License Required (3) business License Required (4) business License & Comliance with Section Required (5) Site Plan and Architectural Review Required & Comliance with Section Required (6) Permitted use on an uer floor or behind a ground floor street fronting use; use in other locations allowed subject to a CUP (7) Permitted use (P) if limited to a maximum of 5,000 square feet on the ground floor (8) A CUP is required for overnight board and care (9) Neighborhood serving and oen at lunch (10) Allowed only on floors above the ground floor Page 10

11 (11) CUP required for overnight board and care (12) Urgent Care facilities may be located on the ground floor as a street fronting use (13) Allowed only in a shoing center (14) Permitted only on APN & APN (Corona Rd. at North McDowell Blvd.) (15) Use ermitted on Lakeville Highway between Baywood Drive and CasaGrande Road (16) See section (Residential Uses Abutting No-Residential Uses) (17) Short-term vacation rental ermit, business license and transient occuancy tax certificate required (see section of Imlementing Zoning Ordinance) (18) Use must be at least 600 feet from a school or a childcare center, at least 200 feet from arks, youth centers, or the library, and 100 feet from residential districts as measured from roerty line to roerty line (19) All Cannabis Businesses must obtain an annual Commercial Cannabis Permit Section 3. Chater 28, Glossary of the Imlementing Zoning Ordinance, Ordinance No N.C.S., definitions of ""Laboratory- Cannabis," and "Manufacturing- Cannabis," are hereby added to read as follows: laboratory- Cannabis- testing laboratories that offer or erform testing of cannabis or cannabis roducts in accordance with Petaluma Municial Code sections and , and the current City of Petaluma Commercial Cannabis Permit Regulations. Manufacturing- Cannabis- businesses that manufacture and sell toical or edible cannabis roducts using cannabis infusions, infusion rocesses, or cannabis concentrates only business to business (non-retail) in accordance with Petaluma Municial Code section and the current City of Petaluma Commercial Cannabis Permit Regulations. Excludes manufacture of cannabis roducts involving volatile solvents, and reackaging cannabis or cannabis roducts or re-labeling cannabis or cannabis roduct containers. Retail Sale and Delivery- Cannabis- businesses that sell cannabis and cannabis roducts using a delivery-only method at a maximum of two different locations in the City, with no sale of cannabis or cannabis roducts to customers, rimary care givers or qualified atients occurring at the business location, no customers, rimary care givers or qualified atients ermitted at the business location at any time and no signage at the business location or on the delivery vehicles indicating the resence of cannabis or cannabis roducts or that the seller sells cannabis or cannabis roducts in accordance with Petaluma Municial Code sections and , and the current City of Petaluma Commercial Cannabis Permit Regulations. Section 4. Excet as amended herein, the City of Petaluma IZO, Ordinance No N.C.S. remains unchanged and in full force and effect. Section 5. Severability. If any section, subsection, sentence, clause, hrase or word of this ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of cometent jurisdiction or reemted by state legislation, such decision or legislation shall not affect the validity of the remaining ortions of this ordinance. The City Council of the Page 11

12 City of Petaluma hereby declares that it would have assed and adoted this ordinance and each and all rovisions thereof irresective of the fact that any one or more of said rovisions be declared unconstitutionat unlawful or otherwise invalid. Section 6. Effective Date. This ordinance shall becom.e effective thirty {30} days after the date of its adotion by the Petaluma City Council. Section 7. Posting/Publishing of Notice. The City Clerk is hereby directed to ublish or ost this ordinance or a synosis for the eriod and in the manner rovided by the City Charter and other alicable law. Page 12

13 ATIACHMENT2 REDLINE of Proosed Changes to IZO Allowable Land Uses and Permit Requirements Commercial, Business Park, and Industrial Zones TABLE 4.1 P(16) Permitted Use Allowed Land Uses and Permit Requirements for Commercial, Business Park, and Industrial Zones LAND USE TYPE (1) INDUSTRY, MANUFACTURING & PROCESSING Artisan/craft roduct manufacturing Catering service, as a rimary use Furniture and fixtures manufacturing, cabinet sho Laboratory- Medical, analytical Laboratory~ Cannabis Laundry, dry cleaning lants Manufacturing/rocessing- Light Manufacturing/rocessing- Medium intensity Manufacturing/rocessing- Cannabis Media Production Petroleum roduct storage and distribution Printing and ublishing Recycling facility Recycling facility- Scra and dismantling yard Retail Sale and Delivery- Cannabis Research and develoment Storage yard- outdoor Storage -warehouse, indoor storage Wholesaling and distribution Key to zone symbols: CUP s Conditional Use Permit Required Permit Requirement in Secific Use Regulations A Accessory Use - Use Not Allowed Permit Required by Zone Cl C2 BP I P(6) P(6) - P(18, P(l8, 19) 19) - - P(l8, P(18, 19) 19) CUP P(11) P(11) P(18, P(18, 19) 19) - CUP - Secific Use Regulations Muni Code Chater Muni Code Chater Muni Code Chater Cl - Commercial! C2- Commercial 2 BP- Business Park I -Industrial Notes: (1)See Glossary for land use definitions (2) Home Occuation Permit and Business License Required (3) business License Required (4) business License & Comliance with Section Required (5) Site Plan and Architectural Review Required & Comliance with Section Required Page 13

14 (6} Permitted use on an uer floor or behind a ground floor street fronting use; use in other locations allowed subject to a CUP (7} Permitted use (P} if limited to a maximum of 5,000 square feet on the ground floor (8} A CUP is required for overnight board and care (9} Neighborhood serving and oen at lunch (10} Allowed only on floors above the ground floor (11} CUP required for overnight board and care (12} Urgent Care facilities may be located on the ground floor as a street fronting use (13} Allowed only in a shoing center (14} Permitted only on APN & APN (Corona Rd. at North McDowell Blvd.} (15} Use ermitted on Lakeville Highway between Baywood Drive and CasaGrande Road (16} See section (Residential Uses Abutting No-Residential Uses} (17} Short-term vacation rental ermit, business license and transient occuancy tax certificate required (see section of Imlementing Zoning Ordinance} (18} Use must be at least 600 feet from a school or a childcare center, at least 200 feet from arks, youth centers, or the library, and 100 feet from residential districts as measured from roerty line to roerty line (19} All Cannabis Businesses must obtain an annual Commercial Cannabis Permit Chater 28 Glossary Laboratory- Cannabis- testing laboratories that offer or erform testing of cannabis or cannabis roducts in accordance with Petaluma Municial Code sections and , and the current City of Petaluma Commercial Cannabis Permit Regulations. Manufacturing - Cannabis - businesses that manufacture and sell toical or edible cannabis roducts using cannabis infusions, infusion rocesses, or cannabis concentrates only business to business (non-retail) in accordance with Petaluma Municial Code section and the current City of Petaluma Commercial Cannabis Permit Regulations. Excludes manufacture of cannabis roducts involving volatile solvents, and reackaging cannabis or cannabis roducts or re-labeling cannabis or cannabis roduct containers. Retail Sale and Delivery..,. Cannabis - businesses that sell cannabis and cannabis roducts using a delivery-only method at a maximum of two different locations in the City, with no sale of cannabis or cannabis roducts to customers, rimary care givers or qualified atients occurring at the business location, no customers, rimary care givers or qualified atients ermitted at the business location at any time and no signage at the business location or on the delivery vehicles indicating the resence of cannabis or cannabis roducts or that the seller sells cannabis or cannabis roducts in accordance with Petaluma Municial Code sections and , and the current City of Petaluma Commercial Cannabis Permit Regulations. Page 14

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