Attachment 3: Larger City Location Research
Bakersfield: Does not allow commercial cannabis businesses.
Fresno: In terms of retail businesses, according to Sec. 9-3307 of Article 33 of City of Fresno municipal code, “all buildings in which a cannabis retail business is located shall be no closer than eight hundred (800) feet from any property boundary containing any of the following:
A cannabis retail business.
A school providing instruction for any grades pre-school through 12 (whether public, private, or charter, including pre-school, transitional kindergarten, and K-12).
A day care center licensed by the state Department of Social Services that is in existence at the time a complete commercial cannabis business permit application is submitted.
A youth center that is in existence at the time a complete commercial cannabis business permit application is submitted.” In terms of “commercial cannabis businesses” (all other forms of cannabis businesses other than delivery or sales of cannabis, medicinal or retail):
Laboratory testing may take place in a Commercial, Employment, or Downtown District.
There shall be permitted eight (8) cultivators, distributors, manufacturers, or microbusinesses located within the Cannabis Innovation Zone [area bounded by State Route 41, Golden State Blvd., Church Ave., East Ave., and Parallel Ave.].
There shall be permitted eight (8) cultivators, distributors, manufacturers, or microbusinesses located inside a Cannabis Innovation Hub or within one-half (1/2) mile of State Route 99 between Shaw Ave. and Clinton Ave., one (1) mile of State Route 99 north of Shaw Ave. or south of Clinton Ave., or within one (1) mile of State Route 180 west of State Route 99, and must be zoned either IL (Light Industrial) or IH (Heavy Industrial), and must meet all of the requirements for development in these zones. All buildings in which a cultivator, distributor, or manufacturer is located shall be no closer than one thousand (1,000) feet from any property boundary containing any of the following:
Any residentially zoned parcel in the city, including any legal non-conforming residential uses as of the date a complete commercial cannabis business permit application is submitted.
A school providing instruction for any grades pre-school through 12 (whether public, private, or charter, including pre-school, transitional kindergarten, and K-12).
A day care center licensed by the state Department of Social Services that is in existence at the time a complete commercial cannabis business permit application is submitted.
A youth center that is in existence at the time a complete commercial cannabis business permit application is submitted.
All Cannabis Innovation Hubs must be located within one-half (1/2) mile of State Route 99 between Shaw Ave. and Clinton Ave., one (1) mile of State Route 99 north of Shaw Ave. or south of Clinton Ave., or within one (1) mile of State Route 180 west of State Route 99, and must be zoned either IL (Light Industrial) or IH (Heavy Industrial), and must meet all of the requirements for development in these zones. All Cannabis Innovation Hubs buildings shall be located no closer than one thousand (1,000) feet from any property boundary containing any of the following:
Any residentially zoned parcel in the city, including any legal non-conforming residential uses as of the date a complete commercial cannabis business permit application is submitted.
A school providing instruction for any grades pre-school through 12 (whether public, private, or charter, including pre-school, transitional kindergarten, and K-12).
A day care center licensed by the state Department of Social Services that is in existence at the time a complete commercial cannabis business permit application is submitted.
A youth center that is in existence at the time a complete commercial cannabis business permit application is submitted.
Also, according to Sec. 9-3307, all cannabis retail businesses must be located on property zoned any of the following and meet all of the requirements for development in these zones:
DTN (Downtown Neighborhood)
DTG (Downtown General)
CMS (Commercial Main Street)
CC (Commercial Community)
CR (Commercial Regional)
CG (Commercial General)
CH (Commercial Highway)
NMX (Neighborhood Mixed-Use)
CMX (Corridor/Center Mixed Use)
RMX (Regional Mixed-Use)
Further, “Cannabis retail businesses shall be dispersed evenly by Council District. If changes to Council District boundaries create an un-even distribution, existing cannabis retail businesses shall be allowed to remain and subsequent cannabis retail businesses approved by the City Manager shall create even distribution by Council District.” Sec. 9-3306 of Article 33 indicates the maximum number of authorized cannabis businesses permitted:
Retail cannabis businesses shall not exceed a total of 14 within the city though up to 7 more may be authorized by Council Resolution.
Up to a total of 16 cultivators, distributors, manufacturers, or microbusinesses may be issued a commercial cannabis business permit.
There is no limit on the number of testing laboratories which may be issued a commercial cannabis business permit.
The City Manager has discretion to limit the number of commercial cannabis permits to less than what is allowed in this Article.
Modesto: According to section 10-3.703 of Article 7 of Chapter 3 of Title 10 of the City of Modesto Municipal Code, the following location and proximity buffers apply:
No commercial cannabis use shall be located within six hundred (600) feet of a school, child care center, or youth center, as measured from the nearest property lines.
No commercial cannabis use shall be located within one hundred(100) feet of any residential use; this distance shall be measured from any building or structure containing a commercial cannabis use to an existing residential structure used for residential purposes.
No commercial cannabis use shall be located within two hundred (200) feet of a park or library, as measured from the nearest property lines.
All commercial cannabis uses listed in Table 3.7-1 except Retailer, Types 10 and 9 (storefront and non-storefront) and Type 12 (microbusiness with a retail component) licenses are allowed within the Business Park Land Use Designation of all applicable adopted Specific Plans, subject to all requirements of this article.
All commercial cannabis uses are prohibited in the Downtown Cannabis Prohibition Overlay, regardless of a property's zoning designation. The Downtown Cannabis Prohibition Overlay is that area….including all properties that front either side of or are within the area bound by the following streets: Kansas Avenue, from Highway 99 to 9 th Street; Needham Street; Downey Avenue, from McHenry Avenue to Burney Street; Burney Street, from Downey Avenue to Jennie Street; D Street, from Jennie Street to Highway 99; and the area fronting Highway 99 within the boundary. If any parcel is partially within the Downtown Cannabis Prohibition Overlay, all commercial cannabis uses shall be prohibited on the entire parcel.
Further, these proximity buffers, “may be waived by the decision-maker when the applicant can show that an actual impassible physical separation exists between land uses or parcels, such as a building, sound wall, major street or highway, such that no negative off-site impacts could occur that would result in harm or likely harm to the public health, safety, or welfare or the health, safety, or welfare of nearby resident or tenant, unless otherwise prohibited under State law.” Lastly, the maximum number of retail dispensary businesses allowed in the city limits is ten (10).
Below is Table 3.7-1 from Section 10-3.703 in Article 7 of Chapter 3 of Title 10 that indicates where allowed commercial cannabis business use types are specifically allowed to operate by zoning in the City of Modesto. Zone C-2 is the General Commercial zone, C-3 is Highway Commercial, C-M is Commercial-Industrial, M-1 is Light Industrial, and M-2 is Heavy Industrial. “CCP” stands for Commercial Cannabis Permit and is required of all commercial cannabis businesses.
Los Angeles: According to Section 105.02 (a)(1)(B) of Article 5, Chapter X, in the Los Angeles municipal code, retailers (including non-storefront) must be:
Outside of a 700-foot radius of a Sensitive Use; and outside of a 700-foot radius of any other Retailer or Microbusiness Commercial Cannabis Activity, having on-site retail sales, which is licensed by the City to engage in the Commercial Cannabis Activity or for which Temporary Approval Application or Business Premises Relocation fees, whichever is applicable, are paid pursuant to Los Angeles Municipal Code Section 104.19.
Sensitive Uses are defined as, “an Alcoholism or Drug Abuse Recovery or Treatment Facility, Day Care Center, Public Library, Public Park, School, and/or Permanent Supportive Housing.” There is a buffer exception for non-storefront retail, in which they are not required to be beyond 700’ radius of a, “Public Park, Public Library, Alcoholism or Drug Abuse Recovery or Treatment Facility, Day Care Center, and Permanent Supportive Housing…[or] any other Retailer or Microbusiness Commercial Cannabis Activity having onsite retail sales.” Further, non-storefront has a 600’ buffer from schools.
Buffers between cannabis businesses are measured from the closest exterior walls while buffers from sensitive uses are from the closest exterior wall of the cannabis business to the closest parcel boundary of the sensitive use where the sensitive use has exclusive use of the parcel, or the closest exterior wall (or fence not associated with parking lot) of the sensitive use where it does not have exclusive use of the parcel.
In terms of zoning, retailers can locate in any of the following zones:
Chapter I zoning: C1 Limited Commercial Zone, C1.5 Limited Commercial Zone, C2 Commercial Zone, C4 Commercial Zone, C5 Commercial Zone, CM Commercial Manufacturing Zone, M1 Limited Industrial Zone, M2 Light Industrial Zone, or M3 Heavy Industrial Zone Commercial Manufacturing (Glencoe/Maxella) Zone: CM (GM) Zone under the Glencoe/Maxella Specific Plan Central City West Specific Plan Zone: RC4 (CW) Residential Mixed-Use Category, RC5 (CW) Residential Mixed-Use Category, C1 (CW) Limited Commercial Category, C2 (CW) Commercial Category, C4 (CW) Commercial Category, or CM (CW) Commercial Manufacturing Category Warner Center Specific Plan Zone: WC Warner Center Specific Plan Zone where “Retail Store, general merchandise” or “Hybrid Industrial” uses are permitted Los Angeles Sports and Entertainment District Specific Plan Zone Playa Vista Specific Plan Zone: M (PV) Industrial Zone and M2 (PV) Industrial Zone Paramount Pictures Specific Plan Zone: Paramount Pictures Specific Plan Zone within the Lemon Grove Lot (Parcels A and B), South Bronson Lot, Windsor Lot, Camerford Lot, Waring Lot, and Gregory Lot (Parcels A and B) USC Specific Plan Zone: USC Specific Plan Zone within Subarea 3 Jordan Downs Urban Village Specific Plan Zone: CM (UV) Commercial Manufacturing Zone Cornfield-Arroyo Seco Specific Plan Zone: UC (CA) Urban Center, UI (CA) Urban Innovation, UV (CA) Urban Village Zones Additionally, microbusinesses with onsite sales have a buffer of 700’ from sensitive uses and other such microbusinesses or retailers, manufacturing has a buffer of 600’ from schools with “Level 2” manufacturing also having a 200’ buffer from residential properties, testing has a 600’ buffer from schools, and distributors have a 600’ buffer from schools as well.
San Diego: According to Section 141.0504 (a) of Chapter 14, Article 1, Division 5 of the San Diego Municipal Code, “Cannabis outlets” (retail) shall maintain the following minimum separations (buffers):
(1) 1,000 feet from resource and population-based city parks, other cannabis outlets, churches, child care centers, playgrounds, libraries owned and operated by the City of San Diego, minor-oriented facilities, residential care facilities, and 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. The distance shall be measured between the property lines, in accordance with Section 113.0225. (2) 100 feet from the property line of a residentially zoned lot or premises. The distance shall be measured horizontally in a straight line between the two closest points of the property lines without regard to topography or structures that would interfere with a straight-line measurement. “Cannabis production facilities” are essentially those involved in growing, processing, distributing, or otherwise producing cannabis products not involving sales to the public. The buffers for these types of uses are the same as those of Cannabis outlets, except that there is no buffer required between other cannabis production facilities or cannabis outlets.
According to section 141.0504 of Chapter 14, Article 1, Division 5 of the San Diego Municipal Code, Cannabis Outlets may be permitted with a Conditional Use Permit in, “the zones indicated with a ‘C’ in the Use Regulations Tables in Chapter 13, Article 1 (Base Zones). No more than four cannabis outlets are permitted in each City Council District [9].” According to the Use Regulations Tables found in the various Base Zone Chapters, Cannabis Outlets are conditionally permitted in the following zones:
Commercial Regional 2-1 (CR 2) - The CR zones are intended to accommodate large-scale, high intensity developments. Property within these zones will be primarily located along major streets, primary arterials, and major public transportation lines. CR-2-1 allows regional serving commercial and limited industrial uses with an auto orientation but no residential uses.
Commercial Office 2 (CO 2) - The CO zones are intended to apply in large-scale activity centers or in specialized areas where a full range of commercial activities is not desirable. CO 2 zones allow for limited residential development.
Commercial Community 2 (CC 2) - The CC zones are intended to provide for a range of development patterns from pedestrian-friendly commercial streets to shopping centers and auto-oriented strip commercial streets. Some of the CC zones may include residential development. Property within the CC zones will be primarily located along collector streets, major streets, and public transportation lines. CC 2 zones allow community-serving uses with limited residential uses.
Industrial Light 3 zone (IL 3) - The purpose of the IL zone is to provide for a wide range of manufacturing and distribution activities. The development standards of this zone are intended to encourage sound industrial development by providing an attractive environment free from adverse impacts associated with some heavy industrial uses. The IL zones are intended to permit a range of uses, including nonindustrial uses in some instances. IL 3 allows a mix of light industrial, office, and commercial uses.
Industrial Small Scale zone (IS) - The purpose of the IS zone is to provide for small-scale, multi-tenant, and flexible industrial activities within urbanized areas. It is intended that the IS zones permit a wide range of industrial and nonindustrial land uses to promote economic vitality and a neighborhood scale in development. The property development regulations of the IS zone are intended to accommodate the development of small and medium sized industrial and commercial activities by providing reduced lot area, landscaping, and parking requirements, and also by promoting pedestrian-oriented environments.
International Business and Trade zone (IBT) - The purpose of the IBT zone is to provide for a wide variety of base sector industrial and office uses. It is intended to apply in portions of communities adjacent to the international border, other ports of entry, and areas in transition to higher intensity industries.
San Francisco: Section 202.2, of Article 2 of the San Francisco Planning Code indicates that Cannabis retail establishments shall not be located within:
[A] 600-foot radius of a parcel containing an existing School, public or private, unless a State licensing authority specifies a different radius, in which case that different radius shall apply. In addition, the parcel containing the Cannabis Retail Use shall not be located within a 600-foot radius of a parcel for which a valid permit from the City’s Office of Cannabis for a Cannabis Retailer or a Medicinal Cannabis Retailer has been issued, except that a Cannabis Retail Use may be located in the same place of business as one or more other establishments holding valid permits from the City’s Office of Cannabis to operate as Cannabis Retailers or Medicinal Cannabis Retailers, where the place of business contains a minimum of 350 square feet per Cannabis Retail or Medical Cannabis Dispensary Use, provided that such locations are permitted by state law. There shall be no minimum radius from a Cannabis Retail Use to an existing day care center or youth center unless a State licensing authority specifies a minimum radius, in which case that minimum radius shall apply.
This is also the same buffer for Medical Cannabis Dispensaries but there does not appear to be a city specific buffer for any other types of cannabis related uses.
In terms of zoning considerations, the San Francisco zoning districts that allow Cannabis Retail/ Sales Retail either by right (P) or conditionally (C) include the following:
Production, Distribution and Repair Districts:
PDR-1-B: District: Light Industrial Buffer (P)
PDR-1-D: Design (P)
PDR-1-G: General (P)
PDR-2: Core- Production, Distribution, and Repair (P)
Commercial Districts
C-2: Community District (P)
C-3: Downtown Commercial District (P)
C-3-0: Downtown Office District (P)
C-3-0 (SD): Downtown Office Special Development District (P) C-3-R: Downtown Retail District (P)
C-3-G: Downtown General Commercial District (P)
C-3-S: Downtown Support District (P)
Eastern Neighborhoods Mixed Use Districts
CMUO – Central Soma Mixed Use- Office District (C)
MUG -Mixed Use-General District (C)
MUR – Mixed Use-Residential (P)
SPD – South Park District Zone (C)
M Districts: Industrial
M-1 – Light Industrial District (P)
M-2 – Heavy Industrial District (P)
NC-S: Neighborhood Commercial Shopping Center District (C) Broadway Neighborhood Commercial District: (C)
Castro Street Neighborhood Commercial District (C)
Inner Clement Street Neighborhood Commercial District (C) Outer Clement Street Neighborhood Commercial District (C) Upper Fillmore Street Neighborhood Commercial District (C) Haight Street Neighborhood Commercial District (C)
Excelsior Outer Mission Neighborhood Commercial District (C) Japantown Neighborhood Commercial District (C)
North Beach Neighborhood Commercial District (C)
Polk Street Neighborhood Commercial District (C)
Sacramento Street Neighborhood Commercial District (C)
Union Street Neighborhood Commercial District (C)
Pacific Avenue Neighborhood Commercial District (C)
24th Street- NOE valley Neighborhood Commercial District (C) West Portal Avenue Neighborhood Commercial District (C) Inner Sunset Neighborhood Commercial District (C)
Noriega Street Neighborhood Commercial District (C)
Irving Street Neighborhood Commercial District (C)
Taraval Street Neighborhood Commercial District (C)
Judah Street Neighborhood Commercial District (C)
Inner Balboa Street Neighborhood Commercial District (C) Outer Balboa Street Neighborhood Commercial District (C) Bayview Neighborhood Commercial District (C)
Cortland Avenue Neighborhood Commercial District (C)
Geary Boulevard Neighborhood Commercial District (C)
Mission Bernal Neighborhood Commercial District (C)
San Bruno Avenue Neighborhood Commercial District (C)
Lower Haight Street Neighborhood Commercial District (C) Lower Polk Street Neighborhood Commercial District (C)
Inner Taraval Street Neighborhood Commercial District (C) Leiland Avenue Neighborhood Commercial District (C)
NCT-2 Small-scale Neighborhood Commercial Transit District (C) NCT-3 Moderate-scale Neighborhood Commercial Transit District (C) Soma Neighborhood Commercial Transit District (C)
Mission Street Neighborhood Commercial Transit District (C) Ocean Avenue Neighborhood Commercial Transit District (C) Glen Park Neighborhood Commercial Transit District (C)
Folsom Street Neighborhood Commercial Transit District (C) Regional Commercial District C)
Divisadero Street Neighborhood Commercial Transit District (C) Fillmore Street Neighborhood Commercial Transit District (C) Hayes-Gough Neighborhood Commercial Transit District (C) Valencia Street Neighborhood Commercial Transit District (C) 24th Street Neighborhood Commercial Transit District (C) Upper Market Street Neighborhood Commercial Transit District (C)