21.4.1 Cannabis Uses — Belmont Zoning Code

(a) Definitions . As used in Section 21.4:

“Cannabis” and “Cannabis Products” have the meanings defined in Business & Professions Code Section 26001.

“Cannabis Retail” means a use involving the retail sale of cannabis or cannabis products to customers.

“Cannabis Distribution” means a use involving the procurement, sale, and transport of Cannabis or Cannabis Products between businesses for resale.

“Child day care center” means a “day care center” for children as defined Health & Safety Code Section 1596.76.

“School” means an institution providing instruction for any grades pre-school through 12 whether public, private, or charter, including pre-school, transitional kindergarten, and K-12.

“Youth-oriented business” means any public or private facility that primarily provides services or hosts activities for minors, including, but not limited to: private youth membership organizations or clubs; tutoring; sports training; music, art, or dance lessons; and martial arts.

(b) Use Permit .

(1) When allowable, Cannabis Retail and Cannabis Distribution uses require a Use Permit. It is unlawful to establish or operate either a Cannabis Retail or a Cannabis Distribution use without a current and valid Use Permit that specifically authorizes the particular use.

(2) The Zoning Administrator is the Reviewing Authority for both Cannabis Retail and Cannabis Distribution Use Permit applications and, notwithstanding any other provision to the contrary, any required Design Review entitlements under Section 13.

(3) The Reviewing Authority may grant a Cannabis Use Permit only if it finds the proposed use is in accordance with the provisions of the General Plan, applicable specific plans, this ordinance, and the Reviewing Authority determines it can make the findings in Section 10.7.3 and all of the following supplemental findings based on the application and information before the Reviewing Authority. The Reviewing Authority must deny the application if it determines one or more findings cannot be made. Sections 10.7.2 and 10.7.4 do not apply.

City of Belmont Zoning Ordinance

21-5

(A) The establishment of the proposed use complies with the applicable development regulations.
(B) For a Cannabis Retail Use Permit, there are no more than two lawfully approved Cannabis Retail uses and approval of the use permit will not result in more than two Cannabis Retail uses in the S- 3 District.
(C) For a Cannabis Distribution Use Permit, there is no more than one lawfully approved Cannabis Distribution use and approval of the use permit will not result in more than one Cannabis Distribution use in the S-3 District.
(D) The use permit conditions require the use to comply with the performance standards in subsection (d) unless a modification is expressly approved by the permit.
(E) The Police Department has reviewed and approved security and operations plans for the use at the proposed facility.

(c) Development Regulations . Cannabis Retail and Cannabis Distribution uses must conform to all development regulations of the zoning district in which they are located unless a modification is expressly approved in the use permit and the following standards.

(1) The use may only be established and operate inside a completely enclosed building.

(2) The location of a Cannabis Retail or Cannabis Distribution use when initially established must comply with the following:

(A) The use must be at least 600 feet from a school or other Cannabis Retail or Cannabis Distribution use and at least 100 feet from parks and actively operated child day care centers.

(B) The distances in subparagraph (A) are measured from the building containing the Cannabis Retail or Cannabis Distribution use by the length of the shortest path of travel over which the general public has a right to travel to the boundary of a property containing the incompatible use.

(C) The public entrance to the Cannabis Retail or Cannabis Distribution use may not be located immediately adjacent to a youth-oriented business on the same frontage as the entrance.

(3) The site and building must be suitably designed to be secure.

(d) Performance Standards . A Cannabis use must conform to the following performance standards unless a modification is expressly approved in the use permit.

City of Belmont Zoning Ordinance 21-6

(1) State Licensing. The use must fully comply with all applicable operational rules and regulations governing commercial cannabis activity in Business & Professions Code Division 10.
(2) Hours of Operation. A use may be open and operate only between the hours of 9:00 a.m. and 9:00 p.m.
(3) Consumption. Consumption of cannabis on the premise must not be allowed.
(4) Smoking. Smoking or vaping of any kind on premises must not be allowed.
(5) Odor. Cannabis odor must not be detectible outside the building from any place accessible to the public or from adjoining private property.
(6) Public services. Operation of the business must not place a burden on the provision of public services disproportionate to other retail uses.
(7) Exterior Security Lighting. Adequate external lighting must be provided for security purposes. The lighting shall be sufficient to provide illumination and clear visibility to all outdoor areas, with minimal spillover on adjacent properties. The lighting must be stationary, directed away from adjacent properties and public rights-of-way, and compatible with the neighborhood.
(8) Security. On-site security must be provided for Cannabis Retail or Cannabis Distribution uses during the hours of operation when clients are present.
(9) Commercial Cannabis Permit. The use must fully comply with all applicable local permit rules and regulations governing commercial cannabis activity, including operational permit requirements and conditions and approved operational plans under any other city ordinance or code.
(10) In the event of a conflict between the requirements of the use permit and the requirements of a local operations permit issued by the police department, the more restrict performance requirements apply.