a. Dispensary Licensees that were established as marijuana cooperatives or collectives under Health and Safety Code section 11362.775 prior to the enactment of this section, may operate within the Commercial C2 or C2DD zoning districts. However, any relocation or expansion of an existing use shall require the issuance of a use permit as specified in paragraph b. below, and subject to all of the requirements of this chapter.

b. Any other dispensary licensee may be located within the Commercial C2 zoning district or in the C2DD zoning district only upon issuance of a use permit which may be revocable, conditional or valid for a term period and may be issued by the Planning Commission for any of the uses or purposes for which such permits are required or permitted by this Chapter.

c. A delivery only dispensary licensee may be located within the CB combining district only upon issuance of a use permit which may be revocable, conditional or valid for a term period and may be issued by the Planning Commission for any of the uses or purposes for which such permits are required or permitted by this Chapter.

d. No dispensary or delivery only dispensary use permit shall be issued until either the City Council approves a Development Agreement for the site, a license agreement for the site, or until after the effective date of an approved ballot measure authorizing the taxation of commercial cannabis businesses in the City.

e. The public hearing procedures, issuance, appeal, revocation, and enforcement of a use permit required by this Chapter shall be the same as set forth in Chapter XVIII the City of Clearlake Zoning Code.

f. A dispensary (not applicable to delivery only dispensary) must be clearly visible from public rights-of-way and located on a premises that provides unobstructed views of the dispensary entrance.

g. A dispensary and a delivery only dispensary shall not be located within six hundred (600') feet of a youth-oriented facility, licensed day care facility, or post-secondary educational institution. This setback shall be measured in a straight line from the boundary line of the property on which the dispensary or delivery only dispensary is located nearest to the boundary of the property on which the building or structure, or portion of the building or structure, in which the above listed use occurs or is located.

The City Council may waive all or part of this requirement if it determines that the proximity does not constitute a risk to public health or safety as it relates to anything other than a K-12 public or private school or a youth center. (Ord. #201-2017)