Loading...
HomeMy WebLinkAboutStaff Report 5.A 02/26/2018Agenda Item #5.A y DATE: February 26, 2018 TO: Honorable Mayor and Members of the City Council .through City Manager FROM: Ingrid Alverde, Economic Development Manager SUBJECT: Introduction of an Ordinance Amending the Text of the Implementing 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 Implementing Zoning Ordinance to Accommodate Commercial Cannabis Businesses in Business Park and Industrial Zones. Subject to and in Accordance with Chapter 10.15 of the Petaluma Municipal Code, the City of Petaluma Commercial Cannabis Permit Regulations, and Other Applicable Law. BACKGROUND On December 4, 2017, the City Council adopted an ordinance banning medical and adult use cannabis - related activities in the City with exceptions allowed for cultivation and specified manufacturing, testing and retail delivery operations . On December 18, 2017 the City Council approved a resolution adopting comprehensive regulations providing for how commercial cannabis businesses would be permitted and regulated within the City of Petaluma. The City's Cannabis Ordinance provides that limited commercial cannabis activity permitted under the Cannabis Ordinance may only be conducted in areas of the City where the City's zoning regulations permit such uses. Because the City's zoning regulations currently do not address commercial cannabis activity, a zoning text amendment is needed to identify where such businesses can locate before commercial cannabis permits can be issued. Staff proposed a zoning text amendment, based on discussion with the City Council that limits commercial cannabis activity to business park and industrial zones. On January 26, 2018, the Planning Commission adopted a resolution recommending that the City Council approve text amendments to the Implementing Zoning Ordinance to accommodate commercial cannabis businesses in Business Park and Industrial Zones. DISCUSSION Zoning text amendments are governed by Chapter 25 of the Implementing Zoning Ordinance and by California Government Code Section 65853. Chapter 25 provides that the Planning Commission may recommend zoning text amendments for approval to the City Council based on Planning Commission findings that the proposed amendments are in conformance with the City's General Plan and consistent with the public necessity, convenience, and general welfare. The Planning Commission agreed with staff's recommendation that cannabis businesses are most appropriately located in Business Park (BP) and Industrial (I) zones in the City because the operational impacts 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 adopted Cannabis Regulations, it is sufficient to permit commercial cannabis activity in Business Park and Industrial districts by right (subject to compliance with the City's Cannabis Regulations) without also requiring cannabis business operators to obtain conditional use permits. Under the City Council's adopted regulations, commercial cannabis permits will be issued annually — providing a 1 -year entitlement to conduct a commercial cannabis activity. If a business does not meet program requirements, the City's Cannabis Regulations can be enforced using Petaluma's code compliance process or by denying a renewal of the permit for the following year. Permit renewals can be denied if it is found that a commercial cannabis business presents one or more of the following characteristics: • Would threaten the public health, safety or welfare by continuing to operate • Provided incorrect or misleading information on their application • Failed to operate in accordance with all local, state and federal laws • Has had its state commercial cannabis license revolted • Closed for three consecutive months • Is no longer a permitted use under state law • Would subject the City and /or its officials to federal enforcement • Should have its cannabis business permit suspended, revoked or modified to protect the public health, safety and welfare due to changed circumstances from the time the permit was issued • Has not remained current on applicable City taxes or fees Accordingly, under the City's Cannabis Regulations, permits for cannabis businesses can be revolted if the business is causing adverse impacts to the community or is otherwise violating the City's Cannabis Regulations. The City's commercial cannabis permit program will be managed by the Petaluma Police Department, which will have substantial regulatory tools available under the City's Cannabis Regulations to protect public safety even without conditional use permit - type requirements for commercial cannabis businesses under the City's Zoning Ordinance. State law prohibits commercial cannabis businesses from operating on property located within 600 feet of a school or a childcare center. The recommended resolution and ordinance establishes additional buffers to separate cannabis businesses by at least 200 feet from pants, youth centers, and libraries, and 100 feet from residential districts. This recommendation is incorporated 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 In addition to changes to the text and use matrix of the Implementing Zoning Ordinance, changes to Chapter 28 — Glossary 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 perform testing of cannabis or cannabis products in accordance with Petaluma Municipal Code sections 10. 15.020 and 10.15.040, and the current City of Petaluma Commercial Cannabis Permit Regulations. • Manufacturing — Cannabis - businesses that manufacture and sell topical or edible cannabis products using cannabis infusions, infusion processes, or cannabis concentrates only business to business (non - retail) in accordance with Petaluma Municipal Code section 10. 15.040 and the current City of Petaluma Commercial Cannabis Permit Regulations. Excludes manufacture of cannabis products involving volatile solvents, and repackaging cannabis or cannabis products or re- labeling cannabis or cannabis product containers. • Retail Sale and Delivery — Cannabis — businesses that sell cannabis and cannabis products using a delivery -only method at a maximum of two different locations in the City, with no sale of cannabis or cannabis products to customers, primary care givers or qualified patients occurring at the business location, no customers, primary care givers or qualified patients permitted at the business location at any time and no signage at the business location or on the delivery vehicles indicating the presence of cannabis or cannabis products or that the seller sells cannabis or cannabis products in accordance Petaluma Municipal Code sections 10.15.040 and 10.15.060, and the Current City of Petaluma Commercial Cannabis Permit Regulations. The Planning Commission made the necessary findings that the proposal conforms to the Petaluma General Plan, and is consistent with the public necessity, convenience and general welfare in accordance with Section 25.050(B) of the Implementing Zoning Ordinance. This proposal is consistent with and supports the City of Petaluma General Plan's Economic Health and Sustainability Element by fostering economic vitality, diversity and opportunity for local businesses such that they will provide meaningful employment for Petaluma residents. Allowing Petaluma businesses to participate in a new economic sector created by state law legalization of adult use and medicinal cannabis will support fiscal soundness for the City of Petaluma. Also, this action supports Section 9.1 of the General Plan, Economic Opportunity, by allowing the community to capitalize on local assets and eliminate the conditions that discourage businesses from remaining in or relocating to the City. These text amendments will also provide an array of employment opportunities to existing and future residents by assuring diversity in Petaluma's industry and enterprise mix. Manufacturing, testing and delivery of commercial and medicinal cannabis will also support local businesses that rely substantially on local inputs to produce the products that they export to the rest of the region and elsewhere as outlined in General Plan Section 9.2, Economic Sustainability. Page 3 The Planning Commission found that the proposed amendments are consistent with the public necessity, convenience and welfare of the City in that they: • Ensure Petaluma's land use and zoning regulations provide for safe and appropriate locations where testing, manufacturing and delivery -only retail sales of Adult and Medical Cannabis can occur consistent with Chapter 10.15 of the Petaluma Municipal Code Section and the current City of Petaluma Commercial Cannabis Permit Regulations; and • Comply with the Medicinal and Adult -Use Cannabis Regulation and Safety Act (MAUCRSA) adopted by the California legislature; and • Comply with government code sections 26000 — 26231.2 that establish a comprehensive system to control and regulate the cultivation, distribution, transport, and storage of adult use and medicinal cannabis products for patients with valid physician's recommendations and adults 21 years of age and over; and • Provide for buffers to assure that establishments testing, manufacturing or selling cannabis products are a safe distance from schools, child care centers, parks, and residential land uses. ENVIRONMENTAL REVIEW The proposed zoning text amendments are exempt from CEQA pursuant to CEQA Guidelines Sections 15061(b) (3), 15183, 15301, 15302, and 15303 as follows: Section 15061(b) (3), General Rule, of the CEQA Guidelines is applicable as there is no possibility that the activity may have a significant impact on the environment in that specified uses are limited to those expressly permitted under the proposed zoning text amendments and the permitted uses are subject to compliance with all applicable state laws including the Medical Marijuana Regulation and Safety Act and all provisions of the California Department of Toxic Substance Control. Section 15183 of the CEQA Guidelines provides an exemption for projects that are consistent with the General Plan. The subject zoning text amendments will direct commercial cannabis businesses to appropriate business park and industrial zones where similar uses are already permitted, such as allowing cannabis manufacturing or cannabis testing uses where non - cannabis manufacturing or testing facilities are currently allowed. Sections 15301, 15302, and 15303 of the CEQA Guidelines, are applicable in that the proposed 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 support such uses; 2) replace, modify or otherwise reconstruct existing commercial and industrial facilities with a new structure of substantially the same size, purpose and capacity; and /or 3) construct new small structures including fences, gates, greenhouses, and small scale Page 4 commercial and industrial facilities. There are no cumulative impacts, unusual circumstances or other factors that would make the exemption inapplicable. For the above reasons, the proposed amendments are exempt from environmental review PUBLIC COMMENT Public notice was published in an eighth page ad in the Argus- Courier on February 15, 2018. No specific public comment has been received in response to this public notice as of preparation of this report. ATTACHMENTS 1. Ordinance Amending the Implementing Zoning Ordinance 2. REDLINE of Proposed Changes to Implementing Zoning Ordinance 3. Commercial Cannabis Business Map Page 5 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 4.030 — 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 10.15 OF THE PETALUMA MUNICIPAL CODE, THE CITY OF PETALUMA COMMERCIAL CANNABIS PERMIT REGULATIONS, AND OTHER APPLICABLE LAW WHEREAS, in November 2016, California voters approved the Control, Regulate and Tax Adult Use of Marijuana Act, referred to in ballot materials as the Adult Use of Marijuana Act ("AUMA"), 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 adoption by California voters, the AUMA was codified in various provisions 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 purposes of state law specified nonmedical cannabis uses pursuant to California Health and Safety Code section 11362.1, including, possession, processing, transporting, purchasing, obtaining and given away to persons 21 years old older, without compensation, not more than 28.5 grams of non - concentrated cannabis or not more than 8 grams of concentrated cannabis, including cannabis contained in cannabis products; possessing, planting, cultivating, harvesting, drying or processing not more than six living cannabis plants and possessing the cannabis produced by the plants; smoking or ingesting cannabis or cannabis products, and possessing, transporting, purchasing, obtaining, using, manufacturing, or giving away to persons 21 years of age or older without compensation cannabis accessories; and WHEREAS, in response to enactment of the AUMA, the City Council introduced on November 13, 2017 and subsequently adopted on December 4, 2017, Ordinance No. 2634 N.C.S. repealing and replacing former Chapter 10.15 of the Petaluma Municipal Code entitled "Medical Marijuana" with a new chapter 10.15 entitled "Cannabis" extending the City's cannabis regulations to non - medical cannabis uses in the City; and Page 6 WHEREAS, Section 10.15.010 of Ordinance 2634 N.C.S. provides that the purpose of Chapter 15 is to recognize and respect the will of the California voters in approving the AUMA through adoption of less restrictive local cannabis regulations, while at the same time promoting the public health, safety and welfare of the Petaluma community; and WHEREAS, Section 10.15.040 of Ordinance 2634 N.C.S. authorizes certain limited commercial cannabis activity, subject to issuance of a City permit therefore, for manufacture and wholesale sale of topical or edible cannabis products, testing laboratories, and delivery - only retail sale at up to two locations in the City; and WHEREAS, Section 10.15.090 provides that the City Council shall adopt regulations or authorize the City Manager to promulgate regulations intended to implement the requirements of Ordinance 2634 N.C.S.; and WHEREAS, Section 10.15.040, paragraph (B) of Ordinance 2634 N.C.S. provides that the commercial cannabis activities authorized under that section may only be carried out while and to the extent the activity is conducted pursuant to and in accordance with a current, valid, unexpired, unrevoked, fully -paid, license, permit or other authorization or notice issued by an authorized city official, and pursuant to and in accordance with all other applicable state and local laws and regulation, including, but not limited to the regulations adopted or promulgated pursuant to section 10.15.090, and that such commercial cannabis activities may only be conducted in areas of the City where such uses are permitted in accordance with the City's zoning regulations; and WHEREAS, Section 25.010 of the City of Petaluma Implementing Zoning Ordinance (IZO) provides in pertinent part 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 public necessity, convenience and general welfare in accordance with Section 25.050(6) of the IZO; and WHEREAS, the City Council found that due to the negligible environmental impacts anticipated from enactment of new Chapter 10.15 of the Petaluma Municipal Code, Ordinance 2634 N.C.S. was exempt from CEQA pursuant to Sections 15061(b)(3), 15301and 15303 of the CEQA Guidelines; and WHEREAS, on December 18, 2017, the City Council adopted regulations addressing such matters as commercial cannabis permit eligibility, commercial cannabis business owner and employee requirements, cannabis business location limitations, commercial cannabis permit applications, renewals, transfers, denials and revocations, commercial cannabis businesses operating requirements, and enforcement; and WHEREAS, the text amendments contained in this ordinance would modify the City's Implementing Zoning Ordinance, Chapter 4, Section 4.030 — Allowable Land Uses and Permit Page 7 Requirements and Chapter 28 — Glossary to implement the requirements in Section 10.15.040(A) of the Petaluma Municipal 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 compliance with all applicable state laws including the AUMA and the provisions of the California Department of Toxic Substance Control; and WHEREAS, the text amendments contained in this ordinance direct commercial cannabis businesses to appropriate business park and industrial zones where similar uses are already permitted, by allowing cannabis manufacturing and cannabis testing uses where non - cannabis manufacturing and testing facilities are currently allowed; and WHEREAS, the text amendments contained in this ordinance would allow qualified commercial cannabis businesses to operate under City issued permits to 1: ) re- tenant existing commercial and. industrial facilities designed to support such uses; 2) replace, modify or otherwise reconstruct existing commercial and industrial facilities with a new structure of substantially the same size, purpose and capacity; and /or 3) construct new small structures including fences, gates, greenhouses, and small scale commercial and industrial facilities; and WHEREAS, on January 25, 2018, public notice of the February 13, 2018 Planning Commission meeting to consider the amendments to the Implementing Zoning Ordinance, Chapter 4, Section 4.030 — Allowable Land Uses and Permit Requirements and Chapter 28 — Glossary was published in the Argus- Courier and sent to all members of the public on the interested parties list for this item; and WHEREAS, on February 13, 2018, the Planning Commission held a duly noticed public hearing in accordance with Chapter 25 of the Implementing Zoning Ordinance to consider the amendments; WHEREAS, after the conclusion of said public hearing, the Planning Commission adopted Resolution No. 2018 -XX, recommending that the City Council adopt the amendments; and WHEREAS, on February 15, 2018, a public notice of the February 26, 2018 public hearing before the City Council to consider the amendments was published in the Argus- Courier; and, WHEREAS, on February 26, 2018, the City Council of the City of Petaluma held a duly noticed public 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 1. In accordance with Sections 25.010 and 25.050(6) of the City's Implementing Zoning Ordinance, Ordinance no. 2300 N.C.S., ( "IZO "), that the provisions amending the IZO, Table of Contents, Chapter 4, Section 4.030 — Allowable Land Uses and Permit Requirements and Chapter 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 type of uses allowed in the Business Park and Industrial Areas. 2. In accordance with Section 25.050(6) of the IZO, the proposed amendments are consistent with the public necessity, convenience and welfare in that they: a. Ensure Petaluma's land use and zoning regulations provide safe and appropriate locations where testing, manufacturing. and sale by delivery of Adult and Medical Cannabis can occur consistent with Chapter 10.15 of the Petaluma Municipal Code, and the City of Petaluma Commercial Cannabis Permit Regulations adopted December 18, 2017; b. Comply with the Adult Use of Marijuana Act approved by California voters in November 2017 and codified in California law as the MMRSA; c. Comply with California Business and Professions Code sections 26000 — 26231.2 which regulate the cultivation, distribution, transport, storage of adult use and medicinal cannabis products for patients with valid physician's recommendations and adults 21 years of age and over; and d. Provide for buffers to assure that establishments testing, manufacturing or selling cannabis products are a safe distance from schools, child care centers, parks, and residential land uses. 3. The proposed zoning text amendments are exempt from CEQA pursuant to CEQA Guidelines Sections. 15061(b)(3), 15183, 15301, 15302, and 15303, in that commercial cannabis uses are only permitted in locations that already allow for similar non - cannabis uses, are subject to issuance of a commercial cannabis permit by the City of Petaluma Police Department, and are obligated to operate in accordance with State Law, Chapter 10.15 of the Petaluma Municipal Code and the City of Petaluma Commercial Cannabis Permit Regulations adopted December 18, 2017. Section 2. Section 4.030 — 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. 2300 N.C.S. is hereby amended to read as follows: Page 9 Commercial, Business Park, and Industrial Zones TABLE 4.4 Allowed Land Uses' and Permit'Requirements for Commercial, Business Park, and Industrial Zones P(16) Permitted Use CUP Conditional Use Permit Required S Permit Requirement in Specific Use Regulations A Accessory Use _ Use Not Allowed LAND USE TYPE (1) Permit Required by Zone Specific Use Regulations C1 ! C2 BP I INDUSTRY, MANUFACTURING & PROCESSING Artisan /craft product manufacturing — — P P Catering service, as a primary use P(6) P(6) P P Furniture and fixtures manufacturing, cabinet shop — — — P Laboratory — Medical, analytical — — P P Laboratory - Cannabis — — P(18, 19) P(18, 19) Muni Code Chapter 10.15 Laundry, dry cleaning plants — — — P Manufacturing /processing — Light — — P P Manufacturing /processing — Medium intensity — — — P Manufacturing /processing — Cannabis — — P(18, 19) P(18, 19) Muni Code Chapter 10.15 Media Production — — P P Petroleum product storage and distribution — — P CUP Printing and publishing — — P P Recycling facility — — P(11) P(11) Recycling facility — Scrap and dismantling yard — — — — Research and development — — P P Retail Sale and Delivery - Cannabis — — P(18, 19) P(18, 19) Muni Code Chapter 10,15 Storage yard — outdoor — — — CUP Storage — warehouse, indoor storage — — — P Wholesaling and distribution Key to zone symbols: C1- Commercial 1 C2 — Commercial 2 BP — Business Park I — Industrial Notes: (1) See Glossary for land use definitions (2) Home Occupation Permit and Business License Required (3) business License Required (4) business License & Compliance with Section 7,060 Required (5) Site Plan and Architectural Review Required & Compliance with Section 7.040 Required (6) Permitted use on an upper 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 open at lunch (10) Allowed only on floors above the ground floor Page 10 (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 shopping center (14) Permitted only on APN 137 - 061 -019 & APN 048 - 080 -036 (Corona Rd. at North McDowell Blvd.) (15) Use permitted on Lakeville Highway between Baywood Drive and Casa Grande Road (16) See section 21.30 (Residential Uses Abutting No- Residential Uses) (17) Short -term vacation rental permit, business license and transient occupancy tax certificate required (see section 7.110 of Implementing Zoning Ordinance) (18) Use must be at least 600 feet from a school or a childcare center, at least 200 feet from parks, youth centers, or the library, and 100 feet from residential districts as measured from property line to property line (19) All Cannabis Businesses must obtain an annual Commercial Cannabis Permit Section 3. Chapter 28, Glossary of the Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S., definitions of " "Laboratory — Cannabis," and "Manufacturing — Cannabis," are hereby added to read as follows: • Laboratory — Cannabis — testing laboratories that offer or perform testing of cannabis or cannabis products in accordance with Petaluma Municipal Code sections 10.15.020 and 10.15.040, and the current City of Petaluma Commercial Cannabis Permit Regulations. • Manufacturing — Cannabis - businesses that manufacture and sell topical or edible cannabis products using cannabis infusions, infusion processes, or cannabis concentrates only business to business (non - retail) in accordance with Petaluma Municipal Code section 10.15.040 and the current City of Petaluma Commercial Cannabis Permit Regulations. Excludes manufacture of cannabis products involving volatile solvents, and repackaging cannabis or cannabis products or re- labeling cannabis or cannabis product containers. • Retail Sale and Delivery — Cannabis — businesses that sell cannabis and cannabis products using a delivery -only method at a maximum of two different locations in the City, with no sale of cannabis or cannabis products to customers, primary care givers or qualified patients occurring at the business location, no customers, primary care givers or qualified patients permitted at the business location at any time and no signage at the business location or on the delivery vehicles indicating the presence of cannabis or cannabis products or that the seller sells cannabis or cannabis products in accordance with Petaluma Municipal Code sections 10.15.040 and 10.15.060, and the current City of Petaluma Commercial Cannabis Permit Regulations. Section 4. Except as amended herein, the City of Petaluma IZO, Ordinance No. 2300 N.C.S. remains unchanged and in full force and effect. Section 5. Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions of this ordinance. The City Council of the , Page 11 City of Petaluma hereby declares that it would have passed and adopted this ordinance and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional, unlawful or otherwise invalid. Section 6. Effective Date. This ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council. Section 7. Posting /Publishing of Notice. The City Clerk is hereby directed to publish or post this ordinance or a synopsis for the period and in the manner provided by the City Charter and other applicable law. Page 12 ATTACHMENT 2 REDLINE of Proposed Changes to IZO 4.030 — Allowable Land Uses and Permit Requirements Commercial, Business Park, and Industrial Zones TABLE 4.1 Allowed Land Uses and Permit !Requirements for Commercial, Business Park, and Industrial Zones P(16) Permitted Use CUP Conditional Use Permit Required 'S Permit Requirement in Specific Use Regulations A Accessory Use Use Not Allowed LAND USE TYPE (1) Permit Required by Zone Specific Use Regulations C1 C2 BIP I INDUSTRY, MANUFACTURING & PROCESSING Artisan /craft product manufacturing — — P P Catering service, as a primary use P(6) P(6) P P Furniture and fixtures manufacturing, cabinet shop — — — P Laboratory— Medical, analytical — — P P Laboratory — Cannabis — — P(18, 19) P(18, 19) Muni Code Chapter 10,15 Laundry, dry cleaning plants — — — P Manufacturing /processing — Light — — P P Manufacturing /processing— Medium intensity — — — P Manufacturing /processing — Cannabis — — P(18, 19) P(18, 19) Muni Code Chapter 10,15 Media Production — — P P Petroleum product storage and distribution — — P CUP Printing and publishing — — P P Recycling facility — — P(11) P(11) Recycling facility — Scrap and dismantling yard — — — - Retail Sale and Delivery - Cannabis - — P(18, 19) P(18, 19) Muni Code Chapter 10.15 Research and development — — P P Storage yard — outdoor — — — CUP Storage — warehouse, indoor storage — — — P Wholesaling and distribution — — P P Key to zone symbols: Cl - Commercial 1 C2 — Commercial 2 BP — Business Park I — industrial Notes: (1) See Glossary for land use definitions (2) Home Occupation Permit and Business License Required (3) business License Required (4) business License & Compliance with Section 7.060 Required (5) Site Plan and Architectural Review Required &Compliance with Section 7,040 Required Page 13 (6) Permitted use on an upper 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 open 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 shopping center (14) Permitted only on APN 137 - 061 -019 & APN 048 - 080 -036 (Corona Rd. at North McDowell Blvd.) (15) Use permitted on Lakeville Highway between Baywood Drive and Casa Grande Road (16) See section 21.30 (Residential Uses Abutting No- Residential Uses) (17) Short -term vacation rental permit, business license and transient occupancy tax certificate required (see section 7.110 of Implementing Zoning Ordinance) (18) Use must be at least 600 feet from a school or a childcare center, at least 200 feet from parks, youth centers, or the library, and 100 feet from residential districts as measured from property line to property line (19) All Cannabis Businesses must obtain an annual Commercial Cannabis Permit Chapter 28 Glossary • Laboratory — Cannabis — testing laboratories that offer or perform testing of cannabis or cannabis products in accordance with Petaluma Municipal Code sections 10.15.020 and 10.15.040, and the current City of Petaluma Commercial Cannabis Permit Regulations. • Manufacturing — Cannabis - businesses that manufacture and sell topical or edible cannabis products using cannabis infusions, infusion processes, or cannabis concentrates only business to business (non - retail) in accordance with Petaluma Municipal Code section 10.15.040 and the current City of Petaluma Commercial Cannabis Permit Regulations. Excludes manufacture of cannabis products involving volatile solvents, and repackaging cannabis or cannabis products or re- labeling cannabis or cannabis product containers. • Retail Sale and Delivery — Cannabis — businesses that sell cannabis and cannabis products using a delivery -only method at a maximum of two different locations in the City, with no sale of cannabis or cannabis products to customers, primary care givers or qualified patients occurring at the business location, no customers, primary care givers or qualified patients permitted at the business location at any time and no signage at the business location or on the delivery vehicles indicating the presence of cannabis or cannabis products or that the seller sells cannabis or cannabis products in accordance with Petaluma Municipal Code sections 10.15.040 and 10.15.060, and the current City of Petaluma Commercial Cannabis Permit Regulations. Page 14