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Planning Commission Regular Meeting Minutes May 21, 2024 Page 7 1 f. The law permits the City to limit the location of cannabis businesses by routine 2 zoning, and also by a separation distance from certain listed land uses. This allowance 3 appears to relate to any cannabis business, not just retailers. 4 g. The law permits the City to enact a minimum distance of 500 feet separation from any 5 daycare, residential treatment center, or an “attraction within a public park that is 6 regularly used by minors, including a playground or athletic field”. There are three 7 commercial daycare operations in the City that are within 500 feet of Commercial or 8 Industrial zoned properties – these are highlighted on an attached map. All of these 9 would create exclusion zones prohibiting cannabis businesses around them if the City 10 adopts the separation distance. 11 h. The law permits the City to enact a minimum distance of 1,000 feet separation from 12 any school. There are three school sites in the City – Wilshire Park Elementary, St. 13 Anthony Middle and High Schools, and St. Charles Boromeo School. None of these 14 schools are within 1,000 of any Commercial or Industrial zoned land. 15 i. Based on a preliminary analysis, the distances from the City’s parklands are all more 16 than 500 feet to any commercial or industrial zoned land (Emerald, Silverwood, or 17 Central Parks), or are already in excluded areas due to daycare locations (Silver Point 18 and Trillium Parks). 19 j. Salo Park – if included – could have a separation distance would exclude most of the 20 Silver Lake Village shopping center area (including Cub Foods and the City’s 21 municipal liquor store). However, Salo is identified in the City’s system planning as a 22 stormwater facility, not technically a park. Moreover, few of the activities are designed 23 to specifically attract minors. As such, no separation distance would apply. 24 k. Regardless of the allowance to require separation, the law requires that the City may 25 not enact a separation distance that has the practical effect of prohibiting the location 26 of a cannabis business in the City. It appears from this preliminary analysis that 27 1. Enactment of a separation distance for schools would not impact any 28 Commercial or Industrial property; 29 2. Enactment of a 500 foot separation for daycare locations would impact some 30 Commercial and Industrial properties in the south portion of the City, but retain 31 eligibility for such use in some other portions of those districts. 32 3. Enactment of a 500 foot separation for parks where minors commonly use the 33 facility would not impact the City’s primary park system properties. 34 35 In summary, the primary zoning separation requirements would apply to the daycare facilities 36 in the south portion of the community as follows: 37 38 · 3055 Old Hwy 8 (Ikram Child Care): Any exclusion distance for the daycare 39 facilities at 3055 Old Hwy 8 would result in a prohibition of retail sales for other 40 potential commercial/industrial uses on that site. Depending on the separation distance 41 chosen, the industrial property south of Highway 88 could be impacted – the closest 42 distance to those areas appears to be approximately 270 feet. 43 44 · 2812 Anthony Lane South (Jack and Jill Preschool and Childcare): This daycare 45 parcel is located in an industrial park area. Exclusion of cannabis businesses of any 46 distance will impact some potential retail locations, primarily as a part of a “micro-“ or