Chapter 24.14 — NEIGHBORHOOD PLAN OVERLAY ZONE NO. 2

This chapter establishes developmental standards and regulations for a unique area of the City, the American Avenue neighborhood and surrounding area. In the future this neighborhood will be impacted by the proposed Highway 94/125 interchange. This overlay zone allows development and subdivisions to proceed in accordance with the proposed route. This area includes all lots north of Highway 94, south of the San Diego Eastern Railway and west of Payson Road and east of Grove Place.

All uses and accessory uses of the underlying zone shall be permitted.

All subdivision of land shall be pursuant to the City of La Mesa Subdivision Ordinance, Title 22, and shall be consistent with the CalTrans Highway 94/125 interchange proposal for American Avenue, on file in the office of the City Clerk as Document No. 34511.

The following standards shall apply to all development in the Neighborhood Plan Overlay Zone:

A.

Private Streets: All private streets used for access from public streets to private lots shall be approved by the Director of Planning and shall meet the following minimum standards for a country lane:

1.

Easement width: 21 feet

2.

Paved width: 15 feet

3.

Curb and gutters 3 feet

Further, a covenant of conditions and restrictions, approved by the City Attorney, shall be recorded in the office of the County Recorder regarding the maintenance of private streets and access rights.

B.

Setbacks: The coverage and setback requirements of the underlying zone shall apply. The front setback shall be measured from property line, easement boundary or as determined by the Director of Planning.

C.

Fencing: Fences on lots which do not have more than 23 feet frontage on a dedicated street may be 6 feet high in the front setback without a special permit. All other regulations of the underlying zones regarding fences shall be observed.

D.

Public Sewer: All development shall be required to connect to the City of La Mesa public sewer system. No private septic system can be approved. The cost of extending the public sewer system shall be borne by the developer and the City shall execute a reimbursement agreement for future service connections to the extended system.

E.

Dedication and Improvement: The dedication of land for planned American Avenue (Document No. 34511) shall precede all future development and subdivision. Improvement of the public right-of-way for American Avenue shall conform to the requirements of the City Engineer who may require surfacing of public right-ofway outside the boundaries of a proposed subdivision when he finds it necessary to protect safe utilization of the street. Private streets created as a result of these provisions shall be dedicated as fire lane easements to the City of La Mesa.

F.

Limited Access: To minimize the number of driveways on American Avenue, those parcels which have frontage on both American Avenue, and a private street created as per these provisions, shall take vehicle access directly from the private street and not from American Avenue. Such lots created as per these provisions, at the time of their creation, shall have direct vehicle access from American Avenue waived.

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Chapter 24.15 - MURRAY HILL OVERLAY ZONE

Sections:

This chapter establishes standards and regulations for the reasonable development of a unique area of the city, the Murray Hill hillside area, more specifically known as the Murray Hill Overlay Zone.

All uses and accessory uses of the underlying zone shall be permitted.

All subdivision of land shall be pursuant to the City of La Mesa Subdivision Ordinance, Title 22, and shall be consistent with Tentative Tract No. 80-1 (Murray Hill Subdivision), on file in the office of the city clerk as Document No. 35123.

A.

Fire Protection Required Prior to Construction. Water supply and fire hydrants sufficient for fire fighting purposes shall be available before building materials are transported to any building site. No building permit shall be issued until certification from either the fire marshal of the city of La Mesa or the Helix Water District has certified that the required water supply and fire hydrants have been provided and are in service.

The following standards shall apply to all development in the Murray Hill Overlay Zone.

A.

Grading. In order to achieve the objectives of minimal grading and to provide for optimum siting for each proposed dwelling and landscaping, all grading must be completed in accordance with Document No. 35123. The regrading of any individual lot shall not be permitted except in accordance with a revised grading plan for that lot, which meets all of the development goals established for the subdivision. All earth slopes as a result of grading shall be formed to have a natural appearance.

B.

Blasting. Any blasting necessary to accomplish grading shall be done only by a licensed blasting contractor. The explosive charges used in such blasting shall be limited to a peak soil velocity level of 0.4 inches per second, and shall in no case be of such strength as to damage adjacent properties.

C.

Front Setbacks. In order to accomplish a reduction in the amount of overall grading, the required front setback shall be reduced to fifteen feet. However, the minimum length of the driveway between the property line and the garage entrance shall not be less than the required 20 feet.

D.

Side Setback. The required side setback from one side lot line may be reduced to a minimum of five feet for any dwelling. The side setback on the opposite side of the dwelling shall be no less than fifteen feet. In no case shall a home be sited within twenty feet of an adjoining residence.

E.

Street Surface Requirements during Construction. All roads used in connection with construction shall be surfaced with all weather surfacing material prior to the framing state of buildings under construction.

(Ord. 2281; January 21, 1982)

Chapter 24.16 - GROSSMONT SPECIFIC PLAN OVERLAY ZONE*

Sections:

This chapter establishes developmental standards and regulations for a unique area of the city, consisting of the Grossmont Hospital, Grossmont Shopping Center, two Metropolitan Transit Development Board station sites, and related surrounding uses. This area will also be highly impacted by the proposed Route 8/125 interchange and extension of Route 125 to the north.

This area should develop as a relatively high density, urban subcenter with densities at the upper end of ranges feasible under market demands, including Grossmont Hospital as a regional medical facility. To accomplish this and retain compatibility with surrounding land uses, this chapter and the Grossmont Specific Plan establishes additional guidelines or exceptions to other sections of the Zoning Ordinance.

All uses and accessory uses of the underlying zone shall be permitted. All hospital uses and related office uses shall be permitted in the Grossmont Hospital area.

(Ord. 2001-2713 § 1; November 13, 2001)

All new construction within the overlay zone area shall require site development plan approval by the planning commission. In addition to the normal requirements and guidelines of the Zoning Ordinance, the guidelines established in the Grossmont Specific Plan shall be implemented.

A traffic impact study, as prescribed by the director of planning and the city's traffic engineer, shall be provided for any development which would generate at least five hundred daily trips.

The commission shall approve the site plan only when the following findings can be met:

(a)

That the proposed uses are consistent with the Grossmont Specific Plan.

(b)

That adequate parking for the uses has been provided.

(c)

That the project will not adversely affect the surrounding circulation system.

(d)

That the design of all new buildings is consistent with the design guidelines as established by the city council.

The hillside on the Grossmont Shopping Center side lying between Entrance 1 and Entrance 5, including TAG Parcel 24 and the sloped portion of TAG Parcel 25 of the Grossmont Specific Plan, as shown on Page 8 of the Grossmont Specific Plan, on file with the city clerk as Document No. 38639, shall remain open space. No buildings shall be constructed and the landform shall not be modified by grading in this open space area.

Chapter 24.17 - BOWLING GREEN OVERLAY ZONE

Sections:

This chapter establishes developmental standards and regulations for the Bowling Green Drive area. In the future access to this neighborhood will be impacted by the proposed widening of I-125. This overlay zone allows development and subdivisions to proceed in accordance with the extension of Bowling Green Drive. This area includes all lots which take access from Bowling Green Drive west of Merritt Boulevard to its terminus at I-125 as shown in documentations on file with the City Clerk.

(Ord. 2415 § 1; December 17, 1985)

All uses and accessory uses of the underlying zone shall be permitted.

(Ord. 2415 § 1; December 17, 1985)

The following standards shall apply to all development in the Bowling Green Overlay Zone. Unless otherwise stated in this section, the development standards of the underlying zone shall apply.

A.

Streets. Bowling Green Drive shall meet the following standards:

B.

Dedication and Improvement. Subdivision and development of land shall require the dedication of frontage from Bowling Green Drive as shown in documentation on file with the City Clerk. Improvement of the public right-of-way for Bowling Green Drive shall conform to the requirements of the City Engineer, and may be secured by a lien contract in lieu of immediate installation.

C.

Lots. Subdivision shall substantially conform to the subdivision map on file as document no. on file with the City Clerk.

D.

Landscaping. A minimum of three 36 inch boxed trees shall be planted on a lot prior to occupancy of any single family home constructed after December 1, 1985.

(Ord. 2415 § 1; December 17, 1985)

Chapter 24.18 - MIXED USE OVERLAY ZONE—MU

Sections:

24.18.010 - Effect of chapter.

A.

Establishment of an Overlay Zone. This section establishes development standards and regulations for the establishment of uses, structures, and lots in the Mixed Use Overlay (MU) Zone. The application of the MU Zone is:

1.

The Mixed Use Overlay Zone applies to lots in the RB-D and C-D Zones that abut El Cajon Boulevard, University Avenue, and La Mesa Boulevard or are near the Spring Street Trolley Station that are designated in the City of La Mesa General Plan as "Mixed Use Urban," as shown on the map on file in the office of the La Mesa city clerk.

2.

The Mixed Use Overlay Zone provides development standards that apply to new construction of mixed use projects, and "residential use only" projects.

3.

In the RB-D Zone, new construction of "residential use only" projects may utilize either the MU Zone regulations or the RB-D zone regulations. Section 24.18.030(B), Permitted Uses and Section 24.18.040(B), Pedestrian Orientation of the MU Zone shall apply if the RB-D zone regulations are used.

4.

In the C-D Zone, construction of "commercial use only" projects shall utilize the existing regulations in the C-D Zone, except Section 24.18.030(B), Permitted Uses and Section 24.18.040(B), Pedestrian Orientation of the MU Zone shall apply.

5.

Existing regulations in the underlying zone shall apply to all remodeling of, or addition to, an existing structure where there will be no change in occupancy and where the total additional square footage of the remodeling or addition will be less than two thousand five hundred square feet.

6.

The requirements of the Mixed Use Overlay Zone and Design Guidelines shall apply to all remodeling of, or additions to, existing structures, if the remodeling or addition exceeds two thousand five hundred square feet. The requirements of the Mixed Use Overlay Zone and Design Guidelines shall apply to any change in occupancy within an existing structure if the area affected by the change of occupancy exceeds two thousand five hundred square feet.

7.

Site Plan Review and Urban Design Review is required for all new development and major renovation of existing development in the Mixed Use Overlay Zone.

B.

Specific Purposes. The specific purposes of this overlay zone are to provide a mechanism to:

1.

Revitalize older commercial corridors;

2.

Increase opportunities for infill housing while transforming and aesthetically improving transportation corridors into tree-lined civic boulevards with mixed use projects;

3.

Encourage new housing and innovative retail that is less automobile dependent;

4.

Help to create pedestrian oriented neighborhoods where local residents have services, shops, jobs and access to transit within walking distance of their homes.

(Ord. 2739 § 2 (part); November 12, 2003: Ord. 2008-2788 § 1 (part); April 8, 2008)

A.

"Building frontage" means the measurement, in linear feet, of the building or buildings that front onto a major arterial street, not including driveways and pedestrian courtyards between buildings.

B.

"Development site" means a parcel or group of contiguous parcels that are proposed for development as one project.

C.

"Ground floor" means the lowest level within a building that is accessible from and within three feet above or two feet below the grade of the street.

D.

"Mixed-use projects" means projects that combine residential uses with one or more of the following uses: office, retail, entertainment, restaurant, or community facilities. Mixed-use projects may be arranged vertically (ground-level retail, office, restaurant, entertainment, or community facility with residential uses above) or horizontally (commercial uses on a portion of the property linked by pedestrian connections to residential uses as part of a unified development project).

E.

"Pedestrian realm" means a twelve-foot wide area located between the face of the curb of a Circulation Element designated street and the face of the building. The pedestrian realm includes the parkway, sidewalk, and landscaped areas. The pedestrian realm may include both public and private property where the public right-of-way is not twelve feet wide. Pedestrian amenities, street trees, street furniture, bus stop facilities, and other landscaping, as specified in this chapter, shall be included in the public realm.

(Ord. 2739 § 2 (part); November 12, 2003: Ord. 2008-2788 § 1 (part); April 8, 2008)

24.18.030 - Land use regulations.

A.

Intent.

1.

The MU Zone allows "for-sale" homes, condominiums, and apartment units to provide for a diversity of housing types including row housing, loft-type dwellings, and flats that are arranged either around courtyards or linearly along the pedestrian realm.

2.

The MU Zone allows for commercial uses that are neighborhood serving and that generate pedestrian activity, such as cafes, restaurants, bookstores, floral shops, retail shopping, commercial recreation and entertainment spaces, personal and convenience service stores, bakeries, travel agencies, childcare facilities, art galleries, and offices.

B.

Permitted Uses. All uses and accessory uses of the underlying zone shall be permitted unless modified as follows:

1.

Residential is permitted on the ground-floor level with development standards as described in this overlay zone.

2.

Accessory dwelling units constructed in accordance with Municipal Code Section 24.05.020D8.

3.

A conditional use permit shall be required for the following uses:

a.

Automobile gas station;

b.

Automotive repair shops, automotive body and paint shops, tire stores, car sales or similar related auto repair or auto equipment installation businesses;

c.

Drive-thru sales;

d.

Parking lots or parking garages not associated with a permitted use.

4.

Retail sales from shops in the RB-D zone may exceed three thousand square feet of gross floor area.

(Ord. 2739 § 2 (part); November 12, 2003: Ord. 2008-2788 § 1 (part); April 8, 2008; Ord. 2020-2879, § 2F, April 14, 2020)

24.18.040 - Development standards.

A.

Residential Density.

1.

For development sites greater than ten thousand square feet, the residential component of a mixed-use project shall not exceed forty units per acre.

For development sites less than ten thousand square feet, the residential component of a mixed-use project shall not exceed thirty units per acre.

B.

Pedestrian Orientation Along Street Frontage and Setbacks.

1.

A minimum twelve-foot wide pedestrian realm is required in front of all mixed-use, residential, or commercial projects located along Circulation Element designated streets. The pedestrian realm shall be measured from the face of the curb.

2.

Front setback shall be as follows:

a.

Ground-floor residential shall be setback a minimum of five feet and a maximum of ten feet from the interior edge of the pedestrian realm to allow for additional landscaping, stoops, and entrance porches.

b.

To create a pedestrian activity area along the street edge, new non-residential and mixed-use buildings shall be built directly adjacent to the twelve-foot wide pedestrian realm at or near the same elevation of the sidewalk. Entrances to the commercial uses shall be directly from the sidewalk. However, setbacks up to an additional ten feet from the interior edge of the pedestrian realm edge may be permitted for non-residential and mixed-use buildings to allow for pedestrian entrances, outdoor dining areas, pedestrian arcades, or for building articulation.

c.

For both residential and mixed-use projects, setbacks greater than ten feet from the interior edge of the pedestrian realm may be permitted for a pocket park or open space feature that is oriented toward the pedestrian realm.

3.

Rear and side yard setbacks shall be as follows:

a.

Refer to Section 24.06.030(C)(1) and (C)(2) for minimum rear and side yard setbacks.

4.

For visual interest at the pedestrian level, at least fifty percent of the total ground floor building frontage of any new or reconstructed building facing the public realm shall have the following: windows with clear un-

tinted glass, recessed entries, residential stoops, or recesses for outdoor dining areas. To calculate the total ground-floor frontage, use the length of the building frontage along the pedestrian realm times the first floor height from floor to ceiling.

C.

Building Height.

1.

Maximum building height for new mixed-use, commercial, or residential development in both the zones shall be forty-six feet in height, except as follows:

a.

The planning commission may grant height exceptions by special permit subject to findings outlined in Section 24.02.050.

b.

Height exceptions for roof structures that house mechanical equipment are allowed in accordance with Section 24.06.030(F).

2.

For design guidance related to transition in building heights adjacent to single family zones and potential height incentives for mixed-use developments, consult Design Guidelines for Properties in the Mixed Use Overlay Zone.

D.

Parking.

1.

For parking requirements, refer to Chapter 24.04, Parking.

2.

If two parking spaces are assigned to one residential unit, one space per unit may be provided in tandem. If two spaces are assigned to the exclusive use of a residential unit, an additional 0.4 parking spaces per unit shall be provided for guest parking. In a mixed-use project, this additional guest parking may be shared with the parking for the non-residential use, with the approval of parking modification per Section 24.04.020(G).

3.

Guest parking and parking for non-residential uses shall be located or assigned in such a way as to distinguish it from residential parking assigned to individual units.

For new development within the Mixed Use Overlay Zone, a parking reduction in the number of parking spaces required in Chapter 24.04, Parking, of the zoning ordinance, may be permitted for mixed-use projects that contain retail, restaurants, office, and other neighborhood serving uses on the ground floor; provided, however, a minimum of one space for every five hundred square feet of gross leaseable area of ground floor non-residential floor area shall be provided. See Section 24.04.020(G) for shared parking modification procedures.

5.

Parking along Circulation Element designated streets shall not be located within the area between the interior edge of the pedestrian realm and a new building fronting on the pedestrian realm.

E.

Open Space.

1.

Recreation and leisure space shall be provided for each residential-only or mixed-use project containing residential uses. The required minimum amount of open space for a mixed-use project is two hundred square feet per unit. The required minimum amount of open space for a residential-only project is three hundred square feet per unit. The minimum open space may be met through a combination of common and private open space. All required open space shall be usable.

2.

The requirement for open space may not be satisfied through the utilization of required setbacks, parking areas, driveways, service areas, or unusable slopes.

3.

Fifty percent of the open space area required may be provided in private open space such as patios and balconies; however, such private open space must have a minimum area of sixty square feet and a minimum dimension of six feet.

4.

In order to meet the requirements of this section, no more than fifteen percent of the total required open space area may be counted within structures and no more than fifteen percent of the required space may be provided on roofs.

5.

A minimum of twenty-five percent of the common space shall be planted area including trees, shrubs and gardens. Planters and planting containers may be counted toward this requirement.

6.

Common open space shall require a minimum width of ten feet and be a minimum of two hundred square feet in area.

F.

Design. New development and major renovations in the MU Zone are subject to Urban Design Review by the city's design review board and city council per Chapter 24.11. To encourage design creativity, flexibility, and quality design that is sensitive to the surrounding context and unique site conditions, design guidelines specifically for mixed use have been prepared. For design guidance, obtain copies of the city's Urban Design Program Report and Design Guidelines for Properties in the Mixed Use Overlay Zone.

(Ord. 2739 § 2 (part); November 12, 2003: Ord. 2008-2788 § 1 (part); April 8, 2008)

Chapter 24.19 - ADULT BUSINESSES

Sections:

It is the purpose and intent of Sections 24.19.010 through 24.19.040 of the La Mesa Municipal Code to regulate the location of adult businesses, which tend to have judicially recognized adverse secondary effects on the community, including, but not limited to, increases in crime in the vicinity of adult businesses; increases in vacancies in residential areas in the vicinity of adult businesses; interference with residential property owners' enjoyment of their properties when such properties are located in the vicinity of adult businesses as a result of increases in crime, litter, noise, and vandalism; and the deterioration of neighborhoods. Special regulation of these businesses is necessary to prevent these adverse secondary effects and the blighting or degradation of the neighborhoods in the vicinity of adult businesses while at the same time protecting the First Amendment rights of those individuals who desire to own, operate or patronize adult businesses.

(Ord. 2008-2789 § 4 (part); April 8, 2008)

A.

Adult businesses, as defined in Chapter 7.10, Section 7.10.020 of this code, shall be:

1.

Located exclusively in the C, M and CM zones;

2.

Distanced five hundred feet from any residentially zoned property which includes the city's R1, R1E, R1R, R1S, R1A, R2, R3, and RB zones. The distance between the adult use and the residentially zoned property shall be measured from the closest exterior wall of the adult use and the nearest property line included within the residential zone, along a straight line extended between the two points, without regard to intervening structures, subject to subsection (A)(4) of this section;

Distanced five hundred feet from a school, church or a park, as those terms are defined in Section 24.01.100. The distance between the adult use and the school, church or park shall be measured from the closest exterior wall of the adult use and the nearest property line of the school, church or park, along a straight line extended between the two points, without regard to intervening structures, subject to subsection (A)(4) of this section;

4.

The I-8 Freeway and Fletcher Parkway provide a sufficient buffer between adult businesses and sensitive uses such that a sensitive use on one side of the I-8 Freeway or Fletcher Parkway shall not disqualify a property on the other side of either arterial roadway, even if the minimum distance set forth in subsection (A)(2) or (A)(3) of this section is not met; and

5.

Distanced five hundred feet from any other adult business, as defined in Chapter 7.10, Section 7.10.020 of this code. The distance between adult businesses shall be measured from the closest exterior wall of each adult use along a straight line extended between the two points, without regard to intervening structures.

B.

Any person violating or causing the violation of any of these locational provisions regulating adult business shall be subject to the remedies of Section 24.19.030 of this chapter.

C.

The requirements of subsections A and B of this section shall be in addition to any other relevant provisions of this code.

(Ord. 2008-2789 § 4 (part); April 8, 2008)

A.

Any person operating or causing the operation of an adult business in any parcel where no application for an adult business regulatory permit under Chapter 7.10 has been filed or granted, or any person violating or causing the violation of any of the locational provisions regulating adult businesses, shall be subject to permit revocation/suspension pursuant to Section 7.10.070, a fine of not more than one thousand dollars pursuant to Government Code Sections 36900 and 36901, and any and all other civil remedies. All remedies provided herein shall be cumulative and not exclusive. Any violation of these provisions shall constitute a separate violation for each and every day during which such violation is committed or continued.

B.

In addition to the remedies set forth in Chapter 7.10, any violation of any of the locational provisions regulating adult businesses is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation.

C.

The restrictions imposed pursuant to this section constitute a licensing process, and do not constitute a criminal offense. Notwithstanding any other provision of the La Mesa Municipal Code, the city does not impose a criminal penalty for violations of the provisions of this chapter related to sexual conduct or activities.

(Ord. 2008-2789 § 4 (part); April 8, 2008)

If any section, subsection, paragraph, sentence, clause, or phrase of these sections and the ordinance to which they are a part, or any part thereof is held for any reason to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, the remaining sections, subsections, paragraphs, sentences, clauses, and phrases shall not be affected thereby. The city council hereby declares that it would have adopted these sections and the ordinance to which they are a part regardless of the fact that one or more sections, subsections, paragraphs, sentences, clauses, or phrases may be determined to be unconstitutional, invalid, or ineffective.

(Ord. 2008-2789 § 4 (part); April 8, 2008)

Chapter 24.23 - MEDICAL MARIJUANA ACTIVITY ZONING ORDINANCE OF LA MESA

Sections:

WHEREAS, in 1996 the voters of the State of California, including voters in the City of La Mesa passed Proposition 215, the Compassionate Use Act, that allows the use of marijuana for medical purposes when recommended by a physician and excludes from criminal prosecution the patient and the primary caregiver, as defined; and

WHEREAS, in 2003, the State of California enacted Senate Bill 420, the Medical Marijuana Program Act (MMPA), which established requirements for the issuance of voluntary identification cards; provided a defense to criminal charges related to the cultivation, possession, sale, or storage of medical marijuana; prohibited the distribution of marijuana for profit; exempted from prosecution qualified patients and designated primary caregivers who associate to collectively or cooperatively cultivate marijuana for medical purposes; required the Attorney General to issue guidelines for the security and non-diversion of medical marijuana; and allowed cities to adopt and enforce laws consistent with the MMPA; and

WHEREAS, in 2015, the State of California enacted Senate Bill 643, Assembly Bill 266, and Assembly Bill 243, comprising the Medical Marijuana Regulation and Safety Act and establishing a comprehensive regulatory framework for the production, transportation, and sale of medical marijuana.

WHEREAS, under federal law, the possession, transfer, or sale of marijuana remains a criminal act; and

WHEREAS, all powers not delegated by the United States Constitution to the United States nor prohibited by it to the states are reserved to the states or the people, pursuant to the Tenth Amendment of the United

States Constitution; and

WHEREAS, in the State of California, zoning is a local matter exercised by the cities pursuant to the police powers set forth in Article XI, Section 7 of the California Constitution; and

WHEREAS, the City Council now desires to exercise its police powers solely to provide for the zoning of Dispensaries in such a manner as to limit the impact on the City generally and residential neighborhoods in particular; NOW, THEREFORE, BE IT ORDAINED, by a vote of the people of the City of La Mesa as follows: [see sections 24.22.010 through 24.22.060]

(Ord. 2016-2852; November 8, 2016)

24.23.020 - Section 1. Definitions

a)

"Premise" is defined to mean the legal parcel(s) of land and the improvements on it, including building(s), store(s), shop(s), apartment(s), or other designated structure.

b)

"Dispensary" as defined by Section 19300.5 of the California Business and Professions Code.

c)

"Path Of Travel'' is defined to mean a continuous, unobstructed way of pedestrian passage by means of which the altered area may be approached, entered, and exited, and which connects the altered area with an exterior approach (including sidewalks, streets, and parking areas), an entrance to the facility, and other parts of the facility.

d)

"Cultivation" as defined by Section 19300.5 of the California Business and Professions Code.

e)

"Cultivation Site" as defined by Section 19300.5 of the California Business and Professions Code.

f)

"Cultivator" is the organization or entity holding the Conditional Use Permit for cultivation activity at a location authorized by the City.

g)

"Manufactured Cannabis" as defined by Section 19300.5 of the California Business and Professions Code.

h)

"Cannabis Concentrate" means manufactured cannabis that has undergone a process to concentrate the cannabinoid active ingredient.

i)

"Edible Cannabis Product" as defined by Section 19300.5 of the California Business and Professions Code.

j)

"Manufacturer" as defined by Section 19300.5 of the California Business and Professions Code.

k)

Manufacturing Site as defined by Section 19300.5 of the California Business and Professions Code.

l)

Distributor as defined by Section 19300.5 of the California Business and Professions Code.

m)

Distribution Site means a location where medical cannabis obtained from a license cultivator or medical cannabis products from a licensed manufacturer is temporarily stored, prior to delivery to a licensed dispensary and as part of performing a Distributor's duties under state law.

n)

"Plant Canopy" is the amount of cannabis that can be grown which is the aggregate area of vegetative growth of live marijuana plants.

o)

"Minor-Oriented Facility" means any after school program, teen center, club for boys and/or girls, children's theater, or children's museum, where the primary use is devoted to people under the age of 18.

p)

Playground means any outdoor premises or grounds, owned or operated by the City, that contains any play or athletic equipment primarily used, or primarily intended to be used by, any person less than eighteen (18) years old.

q)

"Vending Machine" means any electronic or mechanical device or appliance, the operation of which depends upon the insertion of money, whether in coin or paper currency, or other things representative of value, which dispenses or releases a product.

r)

"Small Specialty Indoor Cultivation" is defined to mean cultivation in compliance with the regulations for a Cultivation License Type 1A (Specialty Indoor License), defined in California Business and Professions Code section 19332, subdivision (g)(2), and subject to all applicable sections of Senate Bill 643, Assembly Bill 266, and Assembly Bill 243.

s)

"Nursery Cultivation" is defined to mean cultivation in compliance with the regulations for a State Cultivation License Type 4 (Nursery License), defined in California Business and Professions Code section 19332, subdivision (g)(10), and subject to all applicable sections of Senate Bill 643, Assembly Bill 266, and Assembly Bill 243.

(Ord. 2016-2852; November 8, 2016)

24.23.030 - Section 2. Dispensaries

Dispensaries shall be permitted with a Conditional Use Permit in General Commercial (C), Light Industrial and Commercial Services (CM) and Industrial Services and Manufacturing (M) zones subject to the following restrictions and regulations.

a)

Dispensaries shall maintain the following minimum separation between uses, as measured bypath of travel.

(1)

1,000 feet from City designated licensed childcare centers, playgrounds, minor-oriented facilities, other Dispensaries, or schools. For purposes of this section, school means any public or private institution of learning providing instruction in kindergarten or grades 1 to 12, inclusive, but does not include any private school in which education is primarily conducted in private homes.

b)

Consultations by medical professionals shall not be a permitted at a dispensary.

c)

Lighting shall be provided to illuminate the interior of the dispensary, facade, and the immediate surrounding area, including any accessory uses, parking lots, and adjoining sidewalks. Lighting shall be hooded or oriented so as to deflect light away from adjacent properties.

d)

Security shall be provided at the dispensary which shall include operable cameras, alarms, and a security guard. The security guard shall be licensed by the State of California and be present on the premises during business hours.

e)

Signs shall be posted on the outside of the dispensary and shall only contain the name of the business, limited to two colors.

f)

The name and emergency contact phone number of an operator or manager shall be posted in a location visible from outside of the dispensary in character size at least two inches in height.

g)

The dispensary shall operate only between the hours of 7:00 a.m. and 9:00 p.m., seven days a week.

h)

The use of Vending Machine which allow access to medical marijuana except by a responsible person, is prohibited. For purposes of this Section, a vending machine is any device which allows access to medical marijuana without a human intermediary.

i)

Applicants for Conditional Use Permit for cannabis manufacturing must provide written proof that the building owner and management condone cannabis manufacturing activity on the premise.

j)

A Conditional Use Permit for a dispensary site shall expire no later than five (5) years from the date of issuance.

k)

The City has may charge a reasonable set application fee for a Conditional Use Permit for a dispensary site and, as well as reasonable set annual fee for maintaining the dispensary Site Conditional Use Permit. Such fees shall be established by the City planning department.

l)

A Conditional Use Permit for a dispensary site may be revoked or suspended due to legitimate loitering complaints, noise complaints, upon City confirmation of the smell or loitering nuisance, or non-compliance with the Conditional Use Permit, or non-compliance with other applicable state or local regulation. The licensee shall have a reasonable opportunity and time to cure the complaint or possible non-compliance as defined in this section before being subject to revocation or suspension.

m)

The applicant must meet any additional standard criteria and fulfill any additional standard requirements typically associated with obtaining a Conditional Use Permit in the City. The City shall review all qualifying applications at a reasonable pace and level of review equivalent to other land use projects requiring a conditional use permit.

n)

Rules, regulations and local permitting requirements imposed on a Dispensary by the City shall conform to the State licensing requirements for a Dispensary, as set forth by the California Business and Professions Code, Division 8, Chapter 3.5.

(Ord. 2016-2852; November 8, 2016)

CommercialCultivation Sites are prohibited in residential zones. Cultivation Sites shall be permitted in Industrial Service and Manufacturing (M) zones with a Conditional Use Permit subject to the following restrictions and regulations.

a)

All cultivation must occur on the interior of a building using exclusively artificial lighting.

b)

A Conditional Use Permit may be issued for Small Specialty Indoor Cultivation or Nursery Cultivation. All other commercial cultivation of medical marijuana is strictly prohibited. A Conditional Use Permit applicant must specify whether the applicant will be cultivating Small Specialty Indoor Cultivation or Nursery Cultivation on site. Only one cultivation type will be permitted per premise. Any cultivation must conform to the plant canopy and other limits set forth by the applicable California State License Category for the cultivation site.

c)

Plants may only be cultivated in response to a pre-existing supply or purchase agreement with a licensed dispensary ordistributor. For each plant, the cultivator must be able to show an active purchase order requiring this plant from a licensed dispensary or distributor. The dispensary or distributor with which a cultivator has a supply or purchase agreement must be licensed by a municipal or county jurisdiction within the state of California.

d)

A unique identifier, such as, but not limited to, a zip tie or a bar code, shall be attached at the base of each plant or tray, batch, or other unit containing plants measuring less than 12 inches in height. A unique identifier, such as, but not limited to, a zip tie, shall be issued for each medical marijuana plant greater than 12 inches in height. This unique identifier shall identify the dispensary or distributor for which the plant is being grown. Records of plants, and their associated dispensary or distributor must be kept by the cultivator, and must be made available to City auditors upon request.

e)

Security shall be provided at the commercial cultivation site which shall include operable cameras, alarms, and a security guard. The security guard shall be licensed by the State of California and be present on the premise.

f)

From a public right of way, there shall be no visual evidence of cultivation either within or outside the facility. Adverse impacts of cultivation shall be mitigated so that a "public nuisance" as defined by California Civil Code section 3480 does not exist, including but not limited to adverse impacts of dust,

glare, heat, noise, noxious gases, odor, smoke, traffic, vibration, or the use or storage of hazardous materials, processes, products or wastes. If an adverse impact occurs, a licensee shall have a reasonable opportunity and time to cure the complaint, adverse impact, or possible non-compliance as defined in this section before being subject to revocation, suspension, or other discipline.

g)

No external signage shall be allowed, other than the address of the premise.

h)

No public access or sales shall be allowed on the premise. Only directors, officers, managers, employees, contractors of the cultivator shall be present on the premises. Transporters and representatives of dispensaries, distributors, manufacturers, testing labs, and other licensees under the Medical Marijuana Regulation and Safety Act shall be allowed on the premise with prior notice to and permission by the cultivator to conduct business as required and appropriate.

i)

All employees of the organization to which the Conditional Use Permit is issued shall be subject to a background check. Any person who has been convicted of a felony may not be employed by commercial cultivator or operate, manage, control, or own a commercial cultivator entity.

j)

The City encourages cultivators to operate in an environmentally sustainable manner. Preference will be given to applicant for Conditional Use Permits who show their commitment to environmentally sustainable practices including building LEED certification and adoption of EPA WaterSense identified water saving technologies.

k)

To discourage theft and vandalism, the City will not publicly publish the exact addresses of commercial cultivation sites. Other aggregate information regarding conditional use permits for cultivation including, but not limited to, number of permits issued, districts where said permits were issued, and the organizations to whom such permits were issued shall be available upon request.

l)

Applicants for Conditional Use Permit for commercial cultivation must provide written proof that the building owner and management condone cultivation activity on the premise.

m)

A Conditional Use Permit for commercialcultivation site may be revoked or suspended due to failure to enact a correction ordered by the city in response to a legitimate smell complaints, noise complaints, upon City confirmation of the smell or noise nuisance. A Conditional Use Permit may also be revoked or suspended for non-compliance with the regulations set forth in this ordinance or failure to comply with state regulations. The holder of a Conditional Use Permit shall have a reasonable opportunity and time to

cure the complaint, nuisance, or possible non-compliance as defined in this section before being subject to revocation or suspension.

n)

The City has may establish a set a reasonable application fee for a Conditional Use Permit for a cultivation site and, as well as set a reasonable annual fee for maintaining the cultivation site Conditional Use Permit. Such fees shall be established by the City planning department.

o)

The applicant must meet any additional standard criteria and fulfill any additional standard requirements typically associated with obtaining a Conditional Use Permit in the City. The City shall review all qualifying applications at a reasonable pace and level of review equivalent to other land use projects requiring a conditional use permit.

p)

Rules, regulations and local permitting requirements imposed on a Cultivation Site by the City shall conform to the State licensing requirements for a Cultivation Site, as set forth by the California Business and Professions Code, Division 8, Chapter 3.5.

(Ord. 2016-2852; November 8, 2016)

Manufacturing Sites are prohibited in residential zones. Manufacturing Sites shall be permitted in Industrial Service and Manufacturing (M) zones with a Conditional Use Permit subject to the following restrictions and regulations.

a)

Extraction of cannabis concentrates with butane or other flammable gases is prohibited.

b)

All manufacturing must conform to the medical marijuana processing rules and requirements, including those for testing, labeling and quality assurance, set forth by the California Department of Public Health.

c)

Security shall be provided at the manufacturing site which shall include operable cameras, alarms, and a security guard. The security guard shall be licensed by the State of California and be present on the premise.

d)

No external signage shall be allowed, other than the address of the premise.

e)

No public access or sales shall be allowed on the premise. Only directors, officers, managers, employees, contractors of the manufacturer shall be present on the premises. Transporters and representatives of dispensaries, distributors, cultivators, testing labs, and other licensees under the Medical Marijuana Regulation and Safety Act shall be allowed on the premise with prior notice to and permission by the manufacturer to conduct business as required and appropriate.

f)

All employees of the organization to which the Conditional Use Permit is issued shall be subject to a background check. Any person who has been convicted of a felony may not be employed by manufacturer.

g)

Any manufacturing site that produces edible cannabis product must have at least one owner, director, officer, manager, or employee that has passed a state-approved food safety certification exam.

h)

Any manufacturing site that produces edible cannabis products that require baking or refrigeration must be also be a California-licensed commercial kitchen or in a cottage kitchen with a class B permit.

i)

Applicants for Conditional Use Permit for cannabis manufacturing must provide written proof that the building owner and management condone cannabis manufacturing activity on the premise.

j)

The City has may establish a set reasonable application fee for a Conditional Use Permit for a manufacturing site and, as well as set reasonable annual fee for maintaining the manufacturing site Conditional Use Permit. Such fees shall be established by the City planning department.

k)

A Conditional Use Permit formanufacturing site may be revoked or suspended due to failure to correct a correction ordered by the city in response to a legitimate smell complaints, noise complaints, upon City confirmation of the smell or noise nuisance. A Conditional Use Permit may also be revoked or suspended for non-compliance with the regulations set forth in this ordinance or failure to comply with state regulations. The holder of a Conditional Use Permit shall have a reasonable opportunity and time to cure the complaint, nuisance, or possible non-compliance as defined in this section before being subject to revocation or suspension.

l)

The applicant must meet any additional standard criteria and fulfill any additional standard requirements typically associated with obtaining a Conditional Use Permit in the City. The City shall review all qualifying applications at a reasonable pace and level of review equivalent to other land use projects requiring a conditional use permit.

m)

Rules, regulations and local permitting requirements imposed on a Manufacturing Site by the City shall conform to the State licensing requirements for a Manufacturing Site, as set forth by the California Business and Professions Code, Division 8, Chapter 3.5.

(Ord. 2016-2852; November 8, 2016)

24.23.060 - Section 6. Personal Use Cultivation

A qualified patient or a personal caregiver may cultivate up to eight marijuana plants for personal use. Personal use cultivation must conform to state law and local codes, including, but not limited to, nuisance codes, building codes, electrical codes and waste disposal codes. Personal use cultivation may also be further restricted, or disallowed, by a building's owner, management or governing housing association.

(Ord. 2016-2852; November 8, 2016)