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April 16, 2024 <br />Page 3 <br />f.The law permits the City to limit the location of cannabis businesses by routine zoning, <br />and also by a separation distance from certain listed land uses. This allowance appears <br />to relate to any cannabis business, not just retailers. <br />g.The law permits the City to enact a minimum distance of 500 feet separation from any <br />daycare, residential treatment center, or an “attraction within a public park that is <br />regularly used by minors, including a playground or athletic field”. There are three <br />commercial daycare operations in the City that are within 500 feet of Commercial or <br />Industrial zoned properties – these are highlighted on an attached map. All of these <br />would create exclusion zones prohibiting cannabis businesses around them if the City <br />adopts the separation distance. <br />h.The law permits the City to enact a minimum distance of 1,000 feet separation from any <br />school. There are three school sites in the City – Wilshire Park Elementary, St. Anthony <br />Middle and High Schools, and St. Charles Boromeo School. None of these schools are <br />within 1,000 of any Commercial or Industrial zoned land. <br />i.Based on a preliminary analysis, the distances from the City’s parklands are all more <br />than 500 feet to any commercial or industrial zoned land (Emerald, Silverwood, or <br />Central Parks), or are already in excluded areas due to daycare locations (Silver Point <br />and Trillium Parks). <br />j.Salo Park’s 500 foot separation distance would exclude most of the Silver Lake Village <br />shopping center area (including Cub Foods and the City’s municipal liquor store), but <br />would permit cannabis businesses for the parcels that are closest to Silver Lake Road. <br />k.Regardless of the allowance to require separation, the law requires that the City may <br />not enact a separation distance that has the practical effect of prohibiting the location <br />of a cannabis business in the City. It appears from this preliminary analysis that <br />1.Enactment of a separation distance for schools would not impact any <br />Commercial or Industrial property; <br />2.Enactment of a 500 foot separation for daycare locations would impact some <br />Commercial and Industrial properties in the south portion of the City, but <br />retain eligibility for such use in some other portions of those districts. <br />3.Enactment of a 500 foot separation for parks where minors commonly use <br />the facility would primarily impact Commercial property near Salo Park. For <br />reference, the City’s municipal liquor store property appears to be <br />approximately 230 feet from the closest edge of Salo Park boundary. <br />PLANNING COMMISSION ACTION <br />If acceptable to the Commission, staff asks that the Commission discuss the separation distance <br />aspects of the potential regulations, and raise other issues as they may impact a final ordinance <br />adoption. Staff will generate a set of Ordinance amendments to reflect those discussions as a <br />part of a public hearing to occur at the Commission’s May, 2024 meeting.