§ 158.021 STANDARDS FOR ALL DISTRICTS. — Eureka Zoning Code

(A) Allowed uses and permits required.

(1) Allowed use tables. For zoning districts outside of the coastal zone, allowed commercial cannabis uses and required permits are shown in Table 158-1. Within the coastal zone, allowed commercial cannabis uses and required permits are specified in the certified Local Coastal Program. Notations within these tables have the following meanings:

(a) Permitted uses. A "P" means a use is permitted by right in the zoning district after obtaining a zoning clearance.
(b) Conditionally permitted uses. A "C" means a use requires approval of a Conditional Use Permit.
(c) Minor permitted uses. An "M" means a use requires approval of a Minor Use Permit.
(d) Uses not allowed. A "-" (dash) means a use is not allowed in the zoning district.

Table 158-1: Allowed Commercial Cannabis Uses

Commercial Cannabis Use	Zoning Districts	Zoning Districts
	DT	DW	NC	HC	WA	OR	HM	SC	HN

General Cannabis Use	P	P	M	M	M	C	C	P	P
Cannabis Retail	C	C	C	C	C	-	C	C	C
Chemical Cannabis Extraction	-	-	-	-	-	-	-	-	C

(2) Permit procedures.

(a) For commercial cannabis uses outside of the coastal zone, see Zoning Code § 155.412 (Specific Permits and Approvals) for permit procedures.

(b) Within the coastal zone, permit procedures are as specified in the certified Local Coastal Program.

(3) Licenses required. In addition to the permits required by Tables 158-1, commercial cannabis uses require a license approved by the city and the state. See Article 4 (Commercial Cannabis Licenses) for city license requirements.

(4) Unlisted zoning districts. Commercial cannabis uses are prohibited in any zoning district not listed in Tables 158-1.

(5) HM Zoning District. In the Hospital Medical (HM) zoning district, allowed commercial cannabis uses are limited to uses intended to primarily serve employees, patients, and visitors of medical uses in the zoning district as determined by the Conditional Use Permit process.

(6) Changes to approved use.

(a) Outside of the coastal zone, a change to a commercial cannabis use with an approved Use Permit or Minor Use Permit must be approved by the city as provided in Zoning Code § 155.420.080 (Changes to an Approved Project).

(b) Within the coastal zone, changes must be approved as specified in the certified Local Coastal Program.

(B) Mobile cannabis vendors. Mobile cannabis vendors are prohibited within city limits.

(C) Delivery services. Cannabis deliveries originating from outside city limits and delivering cannabis or cannabis products within city limits are allowed only with a business license and proof of local and state licensure.

(D) Compliance with state laws and regulations.

(1) All commercial cannabis uses must comply with applicable state laws, rules and regulations, as may be adopted and amended from time to time, including all permit, approval, inspection, reporting and operational requirements imposed by the state and its regulatory agencies having jurisdiction over cannabis and/or cannabis businesses. These include, but are not limited to, the Bureau of Cannabis Control, the Department of Food and Agriculture, the Department of Public Health, the Department of Pesticide Regulation, and the Board of Equalization.

(2) If requested by the city, a commercial cannabis use must provide copies of state, regional and local agency permits, approvals, or certificates to verify compliance.

(E) Compliance with Municipal Code. A commercial cannabis use must comply with all applicable regulations in the Municipal Code, including but not limited to the Zoning Code and all regulations governing building, grading, plumbing, sewer, electrical, fire, hazardous materials, nuisance, and public health and safety.

(F) On-site parking. For purposes of determining required on-site parking spaces outside of the coastal zone based on Table 324-1 in Zoning Code § 155.324 (Parking), general cannabis uses and cannabis retail uses are considered a "commercial use." Chemical cannabis extraction uses are considered an "industrial and storage use."

(G) Entrance notice. Each entrance to a commercial cannabis use must be clearly and legibly posted with a notice indicating that persons under the age of 21 are precluded from entering the premises, except for qualified patients, unless accompanied by a parent or legal guardian.

(H) Distance from schools.

(1) A new permit or license to operate may not be issued for a commercial cannabis use within a 600-foot radius of an existing public charter or K-12 school. The 600-foot buffer is measured from the edge of the parcel containing the school to the edge of the parcel containing the commercial cannabis use.

(2) A new public charter or K-12 school locating within 600 feet of an existing commercial cannabis use is not grounds to deny the annual renewal of a previously granted cannabis facility permit or license.

(I) Public health and safety. A commercial cannabis use may not adversely affect the health or safety of the facility occupants or employees, or nearby properties through the creation of mold, mildew, dust, glare, heat, noise, odor, noxious gasses, smoke, traffic, vibration, surface runoff, or other impacts.

(J) Hazardous materials. A commercial cannabis use must comply with all applicable Health and Safety Code and California Fire Code requirements related to the storage, use, and handling of hazardous materials and the generation of hazardous waste.

(K) Security.
(1) General. A commercial cannabis use must implement sufficient security measures to ensure public safety, prevent unauthorized access to restricted areas, and protect the premises from theft.

(2) State requirements. A commercial cannabis use must comply with security requirements such as limited-access areas,

employee badges, video surveillance systems, security personnel, locks, and alarm systems described in 16 CCR Sections 50425047.

(3) Risk classification. Specific security measures required for a commercial cannabis use are based on the facility's risk classification as determined by the Eureka Police Department. At any time, the Police Department may change a use's risk classification (based on calls for service to the facility and/or other relevant factors) and require additional or modified security measures.

(4) Security plan. A commercial cannabis use must comply with a security plan approved by the Eureka Police Department. Security plan requirements are described in the commercial cannabis license application and are based on the facility's risk classification. At a minimum, a security plan must include:

(a) Signage to control theft on the premises;
(b) Video surveillance to record activity on the premises, both inside and outside buildings;
(c) Commercial grade security, burglar, and panic alarm systems;
(d) General site control measures to deter and prevent unauthorized entrance into areas containing cannabis (e.g., customerrestricted areas, cannabis storage, safes and locks, exterior lighting);
(e) For high-risk facilities, entry controls such as man trap doors, if required; and
(f) All security measures required by state law and determined necessary by the Eureka Police Department.
(L) Odors.
(1) Cannabis odors must not be detectable outside of a building containing a commercial cannabis use.

(2) A commercial cannabis use must incorporate a sufficient odor absorbing ventilation and exhaust system so that cannabis odor is not detected:

(a) Outside of the building containing the cannabis use;
(b) Anywhere on adjacent property or public right-of-way;

(c) On, in, or around the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas or any other areas available for use by common tenants or the visiting public; or

(d) Within any other unit located inside the same building as the commercial cannabis use.
(Ord. 933-C.S., passed 7-19-22)