Page 2 of 28

recommendation to the Council. At the meeting, the Commission provided direction on the
proposed regulations and requested staff return with updated maps and language which reflect
the Commission’s feedback.

Overview of Town Council-Directed Draft Regulations

As discussed in the March 27, 2018 staff report, the Council’s initial focus was an emphasis on
providing access to medicinal and adult use cannabis through delivery service business(es).
Under the draft regulations, a new section of the Development Code would be added to regulate
cannabis delivery services. No retail dispensaries would be permitted and for the most part,
these businesses would function in a similar way to a number of unpermitted medicinal
cannabis delivery services which currently operate in the Truckee region. Under the draft
regulations, all delivery services would be required to operate out of a fixed, non-residential
brick and mortar”) structure and would rely on mobile deliveries to provide access to their
customers. Because a retail “presence” is not allowed for this type of business, the proposed
regulations would preclude these businesses from locating in most retail-oriented commercial
zoning districts thereby ensuring that these businesses aren’t creating a “ blank storefront” in
retail and commercial areas.

Even with the establishment of design controls (e.g. minimal signage, well designed structures,
lighting, etc.) and specific land use regulations in place for these businesses, the Council
recommended a Use Permit (i.e. Planning Commission-level, discretionary permit) be required
to approve delivery services. This type of permit is appropriate for land use activities which may
be desirable in the applicable zone district and compatible with adjacent land uses, but whose
effects on a site and surroundings cannot be determined before being proposed for a particular
location. Discretionary review also necessitates environmental review to determine any site-
specific environmental impacts. Because these facilities would be predominantly located in
manufacturing/light industrial and service commercial zones, the Council recommended a limit
of 3,000 square feet per operation to ensure adequate manufacturing/ light industrial space
remains for other needed users. Truckee has a limited amount of this space available for
traditional businesses such as auto-related, local materials and equipment supply and repair,
etc. In addition, the Council also recommended a 1,000-foot separation standard between
delivery service businesses to prevent an overconcentration of these uses in a particular area.
In developing the regulatory language, staff recommended inclusion of a requirement that each
business operator secure a Cannabis Delivery Service License to facilitate the transition to dual
licensing with the State. The below regulatory framework provides an overview of the applicable
regulations:

ALLOWED USES

Cannabis delivery services

All other commercial cannabis activities are prohibited

ALLOWED CANNABIS TYPE

Medicinal and adult use

ZONING DISTRICTS

Manufacturing (M)
Downtown Manufacturing (DM)
Page 3 of 28

Service Commercial (CS)

Prohibited in:
o General Commercial (CG) o Resource Conservation (RC)
o Neighborhood Commercial (CN) o Downtown Master Plan (DMP)
o Highway Commercial (CH) includes Railyard, Hilltop and
o Downtown Mixed Use Truckee Springs Master Plans)
o Downtown Visitor Lodging (DVL) o Downtown Railroad (DRR)
o Downtown Commercial (DC) o Other Planned Communities
o All residential zones includes Coldstream, Gray’s
o Public Facility (PF) Crossing and Joerger Ranch
o Open Space/Recreation Specific Plan
OS/REC)
NOTE: The Town Council also recommended inclusion of the BIZ (Business Innovation) and M
Manufacturing) zone districts within the Joerger Ranch Specific Plan; however, those changes
are not part of this initial process as they warrant approval of a Specific Plan Amendment.
Consideration of these changes will occur in the near future as a separate process from the
proposed Development Code amendments. The Joerger Ranch Specific Plan amendments will
be considered by both the Planning Commission and Town Council.

SITE REQUIREMENTS

1,000 feet from schools, day care centers, youth centers and public parks
1,000 feet from another cannabis delivery service
Fixed structure is required to establish cannabis delivery service
Retail storefront prohibited
Landscaping, lighting and signage to comply with standard Town requirements
Size limitation of 3,000 square feet
Security measures required

PERMIT PATHWAY

Use Permit required

Enviornmental review required

LICENSE REQUIREMENTS

License granted through approval of a Use Permit

License terms outlined
Requirements for monitoring and enforcement and suspension, modification and
revocation
Requirements for license transfers

OPERATIONAL REQUIREMENTS

On-site consumption prohibited

Public access prohibited, unless access is associated with employees related to the
business operations (i.e. delivery services, regulators, testing lab employees).
Page 4

No patronage occuring at these establishments

Planning Commission Direction

Following the Commission’s deliberation, the Commission provided direction on all aspects of
the draft language and also discussed items not initially within the Council’s scope. Below is a
recap on the Commission’s direction, with proposed recommendations/modifications highlighted
in red.

ALLOWED USES

Cannabis delivery services

All other commercial cannabis activities are prohibited

ALLOWED CANNABIS TYPE

Medicinal and adult use

ZONING DISTRICTS

Manufacturing (M)
Downtown Manufacturing (DM)
Service Commercial (CS)
Consider adding overlay district(s) to expand the allowable potential locations. This
could include non-storefront locations in commercial zone district(s).

SITE REQUIREMENTS

600 feet from schools, day care centers, and youth centers and public parks
1,000 feet from another cannabis delivery service
Fixed structure is required to establish cannabis delivery service
Retail storefront prohibited
Landscaping, lighting and signage to comply with standard Town requirements
Size limitation of 3,000 square feet
Security measures required. Defer to the State of California requirements.

PERMIT PATHWAY

Zoning Clearance required. Use Permit required

Consider a petition process to allow more businesses
Exempt from environmental review. Enviornmental review required

LICENSE REQUIREMENTS

No license required. License granted through approval of a Use Permit

License terms removed. License terms outlined
Page 5

Requirements for monitoring and enforcement and suspension, modification and

revocation, modified to reflect the Commission’s direction to remove the license
requirement.
No transfers allowed (since there is no longer a license requirement). Requirements for
license transfers

OPERATIONAL REQUIREMENTS

On-site consumption prohibited

Public access prohibited, unless access is associated with employees related to the
business operations (i.e. delivery services, regulators, testing lab employees).
No patronage occuring at these establishments

MISCELLANEOUS REQUIREMENTS (NOT INITIALLY DISCUSSED BY TOWN COUNCIL)

Defer to State safety requirements rather than duplicating them within Town regulations
No cap on number of licenses
Consider adding language under definition of “cannabis delivery servivce” to allow for
packaging/repackaging of cannabis products. But be clear in exlusion of extraction/other
manufacturing uses
No prescreeing process required
No selection criteria required

Cannabis Maps

To assist the Commission’s understanding of how the revised zoning recommendations would
translate “ in the real world”, staff prepared updated cannabis maps depicting the allowable
areas for cannabis commercial uses based on the proposed zoning, overlay district and
reduction to a 600-foot separation standard from the 1,000- foot standard initially considered by
the Council. As discussed previously, the Town has the discretion to establish separation
requirements different than the 600-foot State standard. The Council’s initial feedback was to
require a 1,000-foot setback from the State-mandated sensitive uses, plus add parks to the list
of sensitive uses and also require a 1,000-separation standard between individual cannabis
delivery services. The Commission also elected to recommend removal of the addition of public
parks as a sensitive use and to create a map which depicts additional locations in one or more
commercial zones.

Application of the Commission’s recommendations would result in a larger number of available

options than the initial maps showed. The following tables depict the available areas where
cannabis businesses could be established under the Commission’s recommendations. The first
table outlines how the reduction to a 600-foot standard translates with no additional commercial
districts. The second table outlines the 600-foot standard with the addition of the CG zone.
Public parks as a sensitive use have been removed from both tables and maps.
 Page 6

Areas Available for Cannabis Delivery Services

600-Foot Separation from Sensitive Uses

Commercial Zones
Out by the Airport”
Joerger Ranch ( PC-3) Business
Innovation zone (Potential future)
2 parcels on Pioneer Trail
Manufacturing Zones
Portions of West River Street/River Park
Place
Most parcels on Industrial Way
All parcels on Trails End
Several parcels on Pioneer Trail
Hall’s Excavating/Heavy Equipment
Joerger Ranch ( PC-3) manufacturing zones
Potential future)
Out by the Airport”

As indicated in the attached maps, there would be a modest increase in the number of areas which
could allow delivery services. The areas highlighted in red in the above table reflect the expanded
locations. As a result of the Commission’s changes, a total of __ parcels would be eligible.

600-Foot Separation from Sensitive Uses + CG Zone District

Commercial Zones
Donner Lake Village
Crossroads Shopping Center
Portion of Safeway Shopping Center
Gateway East
River Park Place
Blue Coyote/7-11 Shopping Center
Reynolds Property (vacant) “
Martis Valley Associates
The Rock and nearby CG parcels
Out by the Airport”
Joerger Ranch ( PC-3) Business
Innovation zone (Potential future)
2 parcels on Pioneer Trail
Manufacturing Zones
Portions of West River Street/River Park
Place
Most parcels on Industrial Way
All parcels on Trails End
Several parcels on Pioneer Trail
Hall’s Excavating/Heavy Equipment
Joerger Ranch ( PC-3) manufacturing zones
Potential future)
Out by the Airport”

As indicated in the attached maps, there would be a substantial increase in the number of areas
which could allow delivery services. The areas highlighted in red in the above table reflect the
expanded locations. As a result of the Commission’s changes, a total of 290 parcels would be
eligible. As discussed earlier, the proposed regulations would prohibit delivery services within
ground floor spaces. Therefore, any single-story building in the CG zone district would not be an
eligible location.

Discussion on Revised Draft Regulations

At its March meeting, the Commission was asked to weigh in on a draft set of regulations which
were initially framed by the Council in late 2017. Below is a discussion on each modification
proposed by the Commission, plus an analysis of the change and staff recommendation on each
topic. The purpose of these discussions is to assist the Commission’s final decision making on the
 Page 7

draft regulations and to provide a complete framework for each discussion topic.

Zoning Districts

Discussion: In addition to support for allowing delivery services in each of the three proposed
zone districts, the Commission expressed interest in adding an overlay district or
new district(s) to expand the allowable locations for these uses. The Commission
directed staff to return with regulations which reflect this direction and the enclosed
text and maps depict the changes which could result from this direction. As indicated
in the maps, staff has included all CG zoned properties in Truckee which would not
be precluded by the required sensitive use separation standards. No other zone
districts have been included within the proposed overlay district.

Staff Recommendation: While staff understands the Commission’s interest in expanding the
available options for cannabis delivery service businesses, staff
believes it is inappropriate to locate what is equivalent to a light
industrial/manufacturing use in the Town’s limited commercial zones—
even if located within the second or third floor of a commercial building.
It is staff’s position that other changes recommended by the
Commission ( discussed later in this staff report) will result in an
expanded number of options for future locations and that those changes
are more appropriate. Further, the potential future inclusion of the BIZ
Business Innovation) and M ( Manufacturing) zone districts in the
Joerger Ranch Specific Plan could provide appropriate zone districts
which could accommodate this use once developed. Lastly, the
upcoming General Plan update will likely evaluate an expansion of
either or both the CS and BIZ zones within the Town and the BIZ zone
could potentially be established outside of the Joerger Ranch Specific
Plan. Should these changes be made, the eligible locations for delivery
services would increase substantially and would provide suitable
locations for delivery services.

Should the Commission strongly support inclusion of the CG zone into

the draft regulations, staff encourages the Commission to prohibit these
operations within the ground floor spaces of commercial buildings. This
recommendation is based on the Council’s concerns related to “ blank
storefronts” which would be associated with a non-retail, non-publically
accessible use in the Town’s commercial zones. Staff does not
recommend inclusion of any additional commercial zone districts
beyond CG. Based on the Council’s past direction, the Council was not
receptive to allowing cannabis activities within the Downtown’s
commercial zones (i.e. Downtown Mixed Use (DMU), Downtown Visitor
Lodging ( DVL), and Downtown Commercial ( DC). The remaining
commercial districts include ( CH) Highway Commercial and CN
Neighborhood Commercial); however, staff is also not recommending
inclusion of these districts into the draft regulations.

The CH district is applied to locations along highways and is intended to

provide highway and tourist related services. The CN district is applied
to areas appropriate for retail sales, offices and services servicing the
daily needs of nearby residents. Neither of these zone districts allow
manufacturing/industrial/warehousing uses with the exception of
 Page 8

recycling vending machines which are allowed in both districts. Further,

the underlying purposes of each district are to provide tourist related
services for highway users and retail services for nearby residents and
are not designated for non-public, non-retail purposes.

Separation Standards

Discussion: The Commission made a number of modifications to the proposed separation

standards for cannabis businesses, including reducing the 1,000-foot separation
standard from sensitive uses to the State-mandated 600-foot setback and
eliminating the 1,000-foot separation standard between individual businesses. The
Commission also recommended elimination of public parks as a sensitive use.

Staff Recommendation: As the Council worked its way through the Cannabis Dialogue, it
finalized its decisions on allowable uses relatively late in the process.
At a time when a broader range of cannabis activities were being
considered, the Council settled on increasing the setback from sensitive
uses and included public parks due to the concern over youth proximity.
However, the Council never had an opportunity to revisit the increased
separation standard once it was known that cannabis delivery services
were going to be the only allowed cannabis activity. Because these
facilities will not be open to the public and will not have a retail
presence, it is staff’s position that it is appropriate to revisit this decision
and continue to discuss the importance of an additional 400 feet of
separation standard between sensitive uses and cannabis delivery
services.

Further, staff also believes it is appropriate to revisit the discussion on

including public parks as a sensitive use. For the reasons outlined
above, the Council’s initial concerns related to youth access and
proximity to parks could potentially shift with better knowledge of the
required precautions and security measures required by State licensure
in addition to the inability of youths to access the cannabis delivery
service businesses.

For the same reasons articulated above, staff also believes it is

appropriate to revisit the required 1,000-foot separation standard
between individual cannabis delivery service businesses. The Council
initially expressed concerns over a potential over-concentration of a
variety of cannabis businesses in a certain area. However, the Council
imposed this requirement in advance of establishing delivery services
as the only allowed use and never revisited this decision point.

If the delivery services are located in non-retail locations with no public

access, increasing the setback from sensitive uses, adding to the list of
required sensitive uses and creating an arbitrary setback from individual
businesses may not be needed to preclude youth access. As this was
the primary concern which resulted in imposition of these additional
requirements, staff believes they may no longer be needed or could
warrant further refinement.
 Page 9

Permit Pathway

Discussion: The Commission provided direction regarding the appropriate permit pathway
necessary to permit cannabis delivery services. The Council initially determined
that a Use Permit ( i.e. discretionary, Planning Commission-level permit) would be
required; however, the Commission supported a Zoning Clearance (i.e. ministerial,
staff-level permit) instead. The Commission acknowledged both the zone districts
and types of buildings that the delivery services would be located in and was
comfortable requiring a ministerial Zoning Clearance, rather than a discretionary
Use Permit.

The Commission also elected to eliminate the requirement that delivery service
business owners obtain a Cannabis Delivery Service License which was initially
required within the draft regulations to achieve consistency with the State’s licensing
framework. The Commission cited an interest in streamlining permitting of the
delivery services and generally requiring less “ process”. The Commission
requested that staff return with revised regulations which identify a Zoning
Clearance process for the Council-designated zoning districts. Because the
Commission also directed staff to explore including the CG zone district in the
allowed zone districts, staff included language related to the permit process for this
zone. In accordance with the Council’s initial direction, businesses located in the
CG zone district would still require approval of a Use Permit prior to commencement
of operations. The Commission may wish to discuss if a Zoning Clearance is
appropriate for this zone district in addition to the original zone districts and if so,
should provide that direction to staff.

Staff Recommendation: Staff understands the Commission’s interest in minimizing the process
involved to permit cannabis delivery services. However, for reasons
articulated below, staff does not support permitting these activities
through a ministerial process and recommends that all delivery service
businesses be permitted through a discretionary Use Permit.
Foremost, through adoption of the Medicinal and Adult Use Cannabis
Regulation and Safety Act ( MAUCRSA), the State has provided a
temporary exemption to CEQA to cities and counties adopting a
cannabis ordinance subject to specific conditions. So long as a city or
county ordinance requires discretionary review and approval of
permits, licenses, or other authorizations to engage in commercial
cannabis activity, and includes any applicable environmental review,
the adoption of the ordinance itself is exempt from CEQA. This
exemption expires July 1, 2019.

What does this mean?

Should the Commission recommend that all delivery services be

permitted with a ministerial Zoning Clearance, the Commission would
also be recommending that the Town conduct environmental review
i.e. prepare a Mitigated Negative Declaration or Environmental Impact
Report) to evaluate the environmental impacts of the proposed
commercial cannabis ordinance. The Council has established a July
2018 deadline to implement the cannabis ordinance and preparation of
an environmental document would not be feasible within that specified
Page 10

timeframe. If this recommendation were to be forwarded, staff would

immediately request that the Council consider extending the existing
interim moratorium to a full year ( i.e. expiration date of January 8,
2019) to allow time to conduct environmental review. As the Council
was previously informed that implementation of a commercial cannabis
ordinance is temporarily exempt from environmental review, this new
approach would be a significant departure from the Council’s
anticipated process.

Staff also supports retaining the Use Permit requirement due to the
uniqueness and licensing requirements associated with this new
business type in Truckee. The requirement to obtain a Use Permit is
commonplace for businesses with unique security requirements and/or
operational models, including adult entertainment establishments, bars
and drinking establishments, building material sales, snow removal
business, food and beverage production and distribution and
auto/vehicle sales. In other words, the Use Permit grants the review
authority the discretion to determine if the proposed use is compatible
with adjacent land uses, but whose effect on a site and surroundings
cannot be determined before being proposed for a particular location.

Lastly, a Use Permit “runs with the land” and stays tied to the property
whereupon it was issued. Once it is determined by the review authority
to be an appropriate location for the conditionally allowed use—in this
case a cannabis delivery service—that property is always allowed to
host the permitted use. In contrast, the Zoning Clearance process
identifies where uses are allowed by-right and there is no discretion in
determining which allowed uses are appropriate based on the location.
In accordance, a Zoning Clearance does not “ run with the land” and
generally terminates when the business leaves or ceases operations.
There could be benefit associated with approval of a Use Permit as the
process determines where delivery services are appropriate and that
decision remains in effect irrespective of the delivery service operator.

As discussed above, in an effort to reduce the overall permitting

process, the Commission also recommended elimination of the
Cannabis Delivery Service License requirement initially included in the
draft regulations. Staff had included this language largely to be
consistent with the State’s licensing process but also as a way to
distinguish between the Use Permit—which runs with the underlying
property—versus the “ permit” which would be issued to the delivery
service operator. Of further importance is the ability to monitor, revoke
or transfer the license should the delivery service business not comply
with the license’s requirements or choose to relocate or transfer the
license to another operator. Neither the Zoning Clearance nor the Use
Permit processes are framed to easily facilitate permit revocation or
transfers.

For the reasons articulated above, staff does not support eliminating
the Cannabis Delivery Service License. In staff’s opinion, it is
imperative that the operator have a license which is independent of the
permit issued to the property. Once a Zoning Clearance/Use Permit is
 Page 11

approved for a particular location, issuance of the License is a

ministerial process and is not expected to be onerous for the operator.
Rather, it will be established as a staff-issued license which
incorporates all the stated requirements of the ordinance, along with
any requirements unique to the approved Zoning Clearance/Use
Permit. It is not anticipated to be a separate fee from the Zoning
Clearance/Use Permit as the cost to prepare the License would be
charged to the initial deposit.

Miscellaneous Items

Discussion: The Commission also weighed in on a number of miscellaneous items related to the
cannabis delivery service ordinance, including the following:

Modifying the definition of delivery services to include

packaging/repackaging;
Creation of a cap on the number of allowed businesses;
Implementation of prescreening criteria or site review process or other
selection criteria;
Implementation of State security requirements; and
Compliance with Town development standards

Definition of Delivery Service:
Based on public testimony submitted during the March
Commission hearing, the Commission recommended
modifying the definition of “ delivery service” to allow for
packaging/repackaging/re-labeling as requested by one of
the existing delivery service business operators. According
to the operator, in order to have a delivery-only business,
they must be allowed to have a manufacturing license as
well as a retailer license and that the Town must change its
proposed definition to include manufacturing which would
allow packaging/repackaging/re-labeling. This use was
mentioned due to the operator’s current business model of
purchasing bulk cannabis and repackaging into individual
servings prior to delivery.

Staff Recommendation: Staff strongly discourages the Commission from modifying

the proposed definition of either “ delivery” or the “Cannabis
Delivery Service License” to include manufacturing-type
processes including packaging, repackaging or re-labeling.
As staff mentioned during the March hearing, the State’s
current regulations explicitly prohibit a cannabis retailer from
packaging or repackaging cannabis products. Section 5412
of Title 16 of the California Code of Regulations, Division 42,
Bureau of Cannabis Control reads as follows:

a) A retailer shall not accept, possess, or sell cannabis

goods that are not packaged as they will be sold at
final sale, in compliance with this division.

b) A retailer shall not package or label cannabis goods.

 Page 12
Creation of a Cap on Licenses:
Staff Recommendation:
Selection/Pre-screening Criteria:
Staff Recommendation:
State Security Requirements:
Staff Recommendation:
Town Development Standards:
Staff Recommendation:
Further, the Town’s proposed language mimics that of the
State’s adopted language related to the definition of
cannabis deliveries and staff believes it is important to be
as consistent as possible with the State’s licensing
processes. This approach is intended to minimize
confusion with respect to nomenclature and licensing
processes at both the State and local levels.
The Commission discussed potentially imposing a cap on
the number of permits which could be issued to delivery
service businesses in Truckee. However, the Commission
was not supportive of this as they stated their position that
the standard regulations effectively limit the number of
businesses which could be established in Truckee.
Staff concurs that no cap is needed which would place a
limit on the number of businesses which could be
established. In staff’s opinion, it would be highly unusual to
place a cap on a single business type operating in
Truckee. Further, staff believes that the Use Permit
process will determine the appropriate number of cannabis
delivery services in Truckee and that there is no policy
basis within the General Plan to impose a cap.
The Commission discussed potentially including either
selection or pre-screening criteria into the draft regulations.
However, the Commission determined that neither should
be required as the Town generally tries to avoid “ picking
winners and losers”.
Staff concurs that no special selection or pre-screening
criteria need to be established.
The Commission discussed if it is necessary to impose
Town-specific requirements which exceed those required
at the State level. The Commission determined that no
additional security requirements are necessary.
Staff concurs that no additional security requirements are
needed and that the State’s existing requirements are
robust and adequately address the necessary security
precautions for cannabis delivery services.
The Commission discussed if any specific development
standards need to be imposed which differ from the Town’s
typical development standards. The Commission
determined that no specific development standards are
required and that the Town’s standard regulations are
sufficient.
Staff concurs that no specific development standards are
 Page 13

needed. The Town’s existing development standards

result in high-quality site design and planning and are
aimed at ensuring neighborhood compatibility.

Alternatives

The revised regulations are based on the Commission’s direction following the March meeting.
During that meeting, the Commission also expressed a potential interest in developing an overlay
district which could identify specific parcels or neighborhoods where delivery services would be
allowed. If the Commission remains interested in this approach, the Commission may wish to
identify specific parcels or neighborhoods where the overlay district would be applied. Staff would
likely need to return with updated maps which depict the overlay districts and revised regulations to
include language related to the district. In addition, staff would likely need to conduct public
outreach to include the affected property owners into the Cannabis dialogue process so they are
aware of the potential change.

ENVIRONMENTAL REVIEW

If the future permitting of cannabis delivery services remains discretionary, the Town’s adoption of
commercial cannabis regulations is exempt pursuant to CEQA Guidelines Section 15184 ( State
Mandated Local Projects). In enacting MAUCRSA, the State has effectively precluded
environmental review for all cannabis regulations within all State jurisdictions through July 1, 2019.
However, if these businesses are allowed through approval of a Zoning Clearance, the Town will
need to conduct environmental review on the commercial cannabis regulations.

STAFF RECOMMENDATION

As discussed above, staff supports part of the Commission’s initial modifications to the draft
regulations. However, several recommendations—including the required permitting process,
zoning districts and definition of delivery service—are not supported by staff and are problematic for
the reasons articulated above. Staff encourages the Commission to carefully consider each
potentially problematic modification and determine if the Commission still wishes to make
refinements or proceed in the same manner. Whichever way the Commission elects to proceed with
the draft regulations; the Commission’s recommendations will be forwarded to the Council for a final
decision in May or early June.

It is highly likely that public comment may be presented at the Planning Commission hearing
requesting that the Commission consider other aspects of adult cannabis activities such as allowing
for retail dispensaries. Again, because the Council has set direction on limiting the Commission’s
review regulations for cannabis delivery services, the Commission is unable to discuss any
regulations beyond those directly related to cannabis delivery services. The public is encouraged to
focus their public comments on the proposed draft regulations in the spirit of “ Keep it Classy
Truckee.”

ATTACHMENTS

1. Draft Planning Commission Resolution 2018-04

2. Cannabis maps
Page 14

TOWN OF TRUCKEE
California

PLANNING COMMISSION RESOLUTION 2018-04

A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TRUCKEE

RECOMMENDING APPROVAL OF AMENDMENTS TO THE DEVELOPMENT CODE TO
IMPLEMENT REGULATIONS FOR COMMERCIAL CANNABIS USES

WHEREAS, in 1996, the voters of the State of California approved Proposition 215
codified at Health and Safety Code section 11362.5 et. seq. and titled “ The Compassionate
Use Act of 1996”). The intent of Proposition 215 was to enable persons residing in California
who are in need of cannabis for medical purposes to be able to obtain and use it without fear of
criminal prosecution under limited, specified circumstances; and

WHEREAS, in 2004, the State enacted Senate Bill 420 (codified at Health and Safety
Code section 11362.7 et. seq., and titled the “Medical Cannabis Program”, to clarify the scope
of the Compassionate Use Act of 1996 and to allow cities, counties, and other governing bodies
to adopt and enforce rules and regulations consistent with the Medical Cannabis Program; and

WHEREAS, in 2015, Assembly Bills 243 and 266 and Senate Bill 643 were enacted
codified at Business and Professions Code section 19300 et seq. and titled the “ Medical
Cannabis Regulation and Safety Act ( MCRSA), previously known as the Medical Marijuana
Regulation and Safety Act); and

WHEREAS, in 2016, Proposition 64, also known as the Adult Use of Marijuana Act
AUMA) was approved by the voters on November 8, 2016 and as a result, it is no longer illegal
under State law, regardless of medical purposes to (1) posses, process, transport, purchase,
obtain, or give away certain amounts of cannabis or concentrated cannabis, including as
contained in cannabis products, to those 21 years of age or older; (2) possess, plant, cultivate,
harvest, dry, or process not more than six living cannabis plants and the cannabis produced by
those plants; ( 3) smoke or ingest cannabis or cannabis products; and ( 4) possess, transport,
purchase, obtain, use, manufacture, or give away cannabis accessories without compensation
to those 21 years of age or older; and

WHEREAS, to regulate the commercial adult use cannabis industry, the AUMA added
Division 10 to the California Business and Professions Code, establishing State licensing
requirements for commercial cannabis activity, defined as the cultivation, possession, or sale of
cannabis and cannabis products, regardless of medicinal purposes and granting State agencies
the “ exclusive authority to create, issue, renew, discipline, suspend, or revoke” licenses for
businesses including the transportation, storage, distribution, sale, cultivation, manufacturing,
and testing of cannabis, except as otherwise authorized; and

WHEREAS, the AUMA gave local governments authority to prohibit or regulate

commercial cannabis activities and subject the commercial cannabis activities to zoning and
permitting requirements; and

WHEREAS, on June 27, 2017, the State enacted Senate Bill 94, titled “ Medicinal and
Adult Use Cannabis Regulation and Safety Act (MAUCRSA), which repealed MCRSA; and
Page 15

WHEREAS, in September 2017, the California Legislature adopted Assembly Bill 133,
which further developed the State’s regulatory framework for both medicinal and adult use
cannabis and clarified and corrected certain elements of MAUCRSA; and

WHEREAS, to protect the public health, safety, and welfare, it is the desire of the Town
Council to modify the Town Municipal Code, including Title 18 (Truckee Development Code) to
be consistent with MAUCRSA, regarding the control and regulation of medicinal and adult use
cannabis retailers; and

WHEREAS, on November 28, 2017, the Town Council adopted an interim urgency
ordinance ( Ordinance 2017-15) establishing a 45-day moratorium on the establishment or
expansion of commercial cannabis activities within Truckee in order to give the Town additional
time to develop regulations for commercial medicinal and adult use cannabis activities and to
eliminate the threat that the State might issue licenses for commercial medicinal and adult use
cannabis activities within Truckee prior to the Town adopting appropriate land use, zoning and
public safety regulations; and

WHEREAS, on January 9, 2018, the Town Council adopted an interim urgency

ordinance (Ordinance 2018-01) extending the moratorium on the establishment or expansion of
cannabis businesses within Truckee to July 12, 2018;

WHEREAS, the Town of Truckee currently prohibits the production and sale of cannabis
for medicinal purposes through the Town of Truckee Municipal Code ( Title 18, Truckee
Development Code), but does not have explicit land use, zoning, and permitting requirements or
prohibitions in place regarding commercial cannabis activities; and

WHEREAS, to protect the public health, safety, and welfare, it is the desire of the Town
Council to place more restrictive location limits for medicinal and adult use cannabis retailers
beyond those required in MAUCRSA; and

WHEREAS, a medicinal and/or adult use cannabis delivery-only retailer use

recommended to be authorized by this resolution is allowed within the specified zoning districts;
and
WHEREAS, nothing in this resolution shall be deemed to conflict with federal law as
contained in the Controlled Substances Act, 21 U.S.C. 841 or to license any activity that is
prohibited under said Act except as mandated by State law; and

WHEREAS, nothing in this resolution shall be construed to allow any activity relating to
cannabis that is otherwise not expressly allowed in the Town of Truckee Municipal Code or is
illegal under State law, or allow persons to engage in conduct that endangers others or causes
a public nuisance; and

WHEREAS, the proposed commercial cannabis regulations for cannabis retailers is

exempt from environmental review pursuant to CEQA Guidelines Section 15184 ( State
Mandated Local Projects); and

WHEREAS, the Council may initiate amendments to the Development Code, and the
Planning Commission is an advisory body to the Council on matters concerning land use
regulation and the Development Code; and

WHEREAS, in order to allow future medicinal or adult use cannabis delivery service
businesses to pursue licensing for commercial cannabis activities with the State pursuant to the
Page 16

uses allowed by AUMA and the regulations provided in MAUCRSA, amendments to Municipal
Code Title 18 ( Truckee Development Code) and Chapters 18.12 ( Commercial and
Manufacturing Zoning Districts) and 18.58 (Standards for Specific Land Uses) are necessary;
and

WHEREAS, the Planning Commission held two public meetings on Development Code
Amendments to implement regulations allowing cannabis delivery services contained in this
resolution on March 27, 2018 and April 26, 2018 for Development Code Article II Tables, 2-6,
and 2-7 ( Commercial, and Manufacturing Zoning Districts) and Development Code Section
18.58.075 (Cannabis Delivery Services); and

WHEREAS, the Community Development Department duly noticed the Planning

Commission public hearing; and

WHEREAS, the Planning Commission finds the amendments may be approved because
all findings required by Section 18.160.060 of the Development Code can be made.

NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE

TOWN OF TRUCKEE, the Commission hereby recommends to the Town Council that the
Council take the following actions:

1. Approve the amendments to the Development Code as set forth in Exhibit A,

attached hereto and incorporated herein; and

2. Determine that the Development Code amendments are exempt from

environmental review pursuant to CEQA Guidelines Section 15184 ( State
Mandated Local Projects);

BE IT FURTHER RESOLVED, the Commission hereby recommends to the Town

Council that the Council adopt the following findings in support of approval of the amendments:

1. The proposed amendments ensure and maintain internal consistency with all of the
goals, policies, and actions of all elements of the General Plan and any applicable
specific plan.

2. The proposed amendments would not be detrimental to the public interest, health,
safety, convenience, or welfare of the Town.

3. The proposed amendments ensure and maintain internal consistency with other
applicable provisions of this Development Code.

PASSED AND ADOPTED by the Town of Truckee Planning Commission on this 26th
day of April 2018 by the following vote:

AYES:

NOES:

ABSENT:
Page 17

Seth Kielas, Commission Chair

ATTEST:

Emily McGuire, Administrative Technician

Attachments

Exhibit A – Development Code Amendments

Page 18

PLANNING COMMISSION RESOLUTION 2018-04

EXHIBIT “ A”

DEVELOPMENT CODE AMENDMENTS FOR CANNABIS DELIVERY SERVICES

The Planning Commission hereby recommends the following amendments to the Title 18,
Development Code, of the Municipal Code. ( Deletions are shown by highlighted blue
strikethrough type and additions are shown by highlighted blue italicized and underlined type.)
TABLE 2-6 - ALLOWED USES AND PERMIT REQUIREMENTS
FOR COMMERCIAL AND MANUFACTURING DISTRICTS (Continued)

PERMIT REQUIREMENT BY DISTRICT See standards

LAND USE (1) in Section:
CN (2) CG CH CS M

MANUFACTURING, INDUSTRIAL & PROCESSING USES

Aggregate processing and batch plants UP
Beverage production and food production UP UP P
Cannabis delivery services UP P P 18.58.075
Chemical products UP
Clothing products P
Concrete, gypsum, and plaster products UP
Electrical and electronic equipment, instruments P
Food and beverage distribution UP UP P
Furniture and fixtures manufacturing UP P
Glass products P
Handcraft industries, small-scale manufacturing P
Laundries and dry cleaning plants P
Lumber and wood products P 18.58.200
Machinery manufacturing P
Makerspace, Manufacturing P 18.58.135
Metal fabrication, machine and welding shops P
Motor vehicles and transportation equipment UP
Paper products UP
Paving and roofing materials UP
Pharmaceuticals P
Plastics and rubber products UP
Printing and publishing P P P
Recycling – Composting UP 18.58.210
Recycling - Large collection facility P 18.58.210
Recycling - Reverse vending machines P P UP P P 18.58.210
Recycling - Scrap and dismantling yards UP 18.58.210
Recycling - Small collection facility MUP MUP P 18.58.210
Stone and cut stone products P
Structural clay and pottery products P
Textile and leather products P
Warehousing, wholesaling and distribution P

KEY TO PERMIT REQUIREMENTS

Procedure
Symbol Permit Requirement in Section:
Permitted use, Zoning Clearance required for projects with less than 7,500 sq.ft. of
P floor area and less than 26,000 sq.ft. of site disturbance. 18.72
Development Permit required for permitted projects with 7,500 sq.ft. or more of floor
DP area or 26,000 sq. ft. or more of site disturbance 18.74
Page 19

MUP Conditional use, Minor Use Permit approval required. 18.76

UP Conditional use, Use Permit approval required. 18.76
Use not allowed. See 18.03.020.E regarding uses not listed.
Notes:
1) Definitions of the listed land uses are in Chapter 18.220 (Definitions, Glossary).
2) Use on a site adjacent to a residential zoning district shall comply with the special setback, screening and
landscaping standards in Section 18.30.110(B) (Screening between neighborhood commercial and residential land
uses) and Section 18.40.040(E) (Landscaping requirements between neighborhood commercial and residential
land uses).
 Page 20

TABLE 2-7 ALLOWED USES AND PERMIT REQUIREMENTS

FOR DOWNTOWN COMMERCIAL AND MANUFACTURING DISTRICTS
PERMIT REQUIREMENT BY
DISTRICT See standards
LAND USE (1) in Section:
DMU DC DM DVL

AGRICULTURE, RESOURCE & OPEN SPACE USES

Nature reserves P P P P
Trails P P P P

MANUFACTURING, INDUSTRIAL & PROCESSING USES

Beverage production and food production UP (2) UP UP UP
Cannabis delivery services P 18.58.075
Chemical products UP
Clothing products P
Concrete, gypsum and plaster products UP
Electrical and electronic equipment, instruments P
Food and beverage distribution UP (2) UP UP UP
Furniture and fixtures manufacturing P
Glass products UP P UP
Handcraft industries, small-scale manufacturing UP (2) UP P UP
Laundries and dry cleaning plants P
Lumber and wood products P 18.58.200
Machinery manufacturing P
Makerspace, Manufacturing UP (2) UP P UP 18.58.135
Metal fabrication, machine and welding shops P
Motor vehicles and transportation equipment P
Paper products P
Paving and roofing materials UP
Pharmaceuticals P
Plastics and rubber products UP
Printing and publishing P (2) P P P
Recycling - Composting P 18.58.210
Recycling - Large collection facility P 18.58.210
Recycling - Reverse vending machines P (2) P P P 18.58.210
Recycling - Small collection facility MUP (2) MUP P MUP 18.58.210
Stone and cut stone products P
Structural clay and pottery products P (2) P P P
Textile and leather products P
Warehousing, wholesaling and distribution P

KEY TO PERMIT REQUIREMENTS

Procedure is
Symbol Permit Requirement in Section:
Permitted use, Zoning Clearance required for projects with less than
P 5,000 sq.ft. of floor area and less than 26,000 sq.ft. of site disturbance. 18.72
Development Permit required for permitted projects with 5,000 sq.ft. or more of
DP floor area or 26,000 sq.ft. or more of site disturbance. 18.74
MUP Conditional use, Minor Use Permit approval required. 18.76
UP Conditional use, Use Permit approval required. 18.76
TUP Temporary use, Temporary Use Permit approval required. 18.80
Use not allowed. See 18.03.020.E regarding uses not listed.
 Page 21

Notes:
1) Definitions of the listed land uses are in Chapter 18.220 (Definitions, Glossary).
2) These uses are prohibited on ground floor spaces along Commercial Row. See Section 18.20.070.

18.58.075 - Cannabis Delivery Services

This Section establishes standards for the location, construction and operation of cannabis delivery
services.

A. Purpose and Intent. It is the purpose and intent of this Section to regulate adult use and medicinal
cannabis delivery services in order to promote the health, safety, and general welfare of residents
and businesses within the town. This Section only governs the establishment and operation of adult
use and medicinal cannabis delivery services or “retailers” as defined below.

B. Definitions.

For the purpose of this Section, the following words and phrases shall mean:

a) “ A-License or “ Adult Use License” means a state license issued pursuant to California
Business and Professions code Sections 26000 et. seq. for cannabis or cannabis products that
are intended for adults who are 21 years of age or older who do not possess a valid physician’ s
recommendation.
b) “ Adult Use Cannabis” or “ adult use cannabis product” means cannabis or a cannabis product,
respectively, intended to be sold for use pursuant to the Medicinal and Adult Use Regulation
and Safety Act, for adults 21 years of age or over and who do not possess a valid physician’s
recommendation.
c) “ Applicant” means an owner applying for a Town permit license pursuant to this Section.
d) “ Bureau” means the Bureau of Cannabis Control within the California Department of
Consumer Affairs.
e) “ Community Development Director” means the Community Development Director or the
authorized representative thereof.
f) “ Town” means the Town of Truckee.
g) “ Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or
Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or
purified, extracted from any part of the plant; and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant, its seeds, or resin. “ Cannabis” also means the
separated resin, whether crude or purified, obtained from cannabis. “ Cannabis” does not
include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from
the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or
preparation of the mature stalks ( except the resin extracted therefrom), fiber, oil, or cake, or
the sterilized seed of the plant which is incapable of germination. For the purpose of this
section, “ cannabis” does not mean “ industrial hemp” as defined by Section 11018.5 of the
California Health and Safety Code.
h) “ Cannabis accessories” means any equipment, products or materials of any kind which are
used, intended for use, or designed for use in planting, propagating, cultivating, growing,
harvesting, manufacturing, compounding, converting, producing, processing, preparing,
testing, analyzing, packaging, repackaging, storing, smoking, vaporizing,, or containing
cannabis, or for ingesting, inhaling, or otherwise introducing cannabis or cannabis products
into the human body, as defined by Section 11018.2 of the California Health and Safety Code.
i) “ Cannabis concentrate” means cannabis that has undergone a process to concentrate one or
more active cannabinoids, thereby increasing the product’ s potency. Resin from granular
trichomes from a cannabis plant is a concentrate for the purposes of this division. A cannabis
Page 22

concentrate is not considered food, as defined by Section 109935 of the California Health and
Safety Code or a drug, as defined by Section 109925 of the California Health and Safety Code.
j) “ Cannabis Delivery Service License” means a Town of Truckee license issued under this
Section for a medicinal and/or adult use cannabis retailer that is closed to the public and
conducts sales exclusively by delivery.
k) “ Cannabis products” means cannabis that has undergone a process whereby the plant material
has been transformed into a concentrate, including, but not limited to, concentrated cannabis,
or an edible or topical product containing cannabis or concentrated cannabis and other
ingredients, as defined by Section 11018.1 of the California Health and Safety Code.
l) “ Commercial cannabis activity” includes the cultivation, possession, manufacture,
distribution, processing, storing, laboratory testing, packaging, labeling, transportation,
delivery or sale of cannabis and cannabis products.
m) “ Customer” means a natural person 18 year of age or older who possesses a physician’ s
recommendation, or a primary caregiver or a natural person 21 year of age or older.
n) “ Day Care Center” means any child day care facility other than a family day care home, and
includes infant centers, preschools, extended day care facilities, and school age child care
centers, as defined by Section 1596.76 of the California Health and Safety Code.
o) “ Delivery” means the commercial transfer of cannabis or cannabis products to a customer.
Delivery” also includes the use by a retailer of any technology platform owned and
controlled by the retailer and allows packaging, repackaging or relabeling of cannabis
products.
p) “ Edible cannabis product” means cannabis product that is intended to be used, in whole or in
part, for human consumption, including, but not limited to, chewing gum, but excluding
products set forth in Division 15 ( commencing with Section 32501) of the Food and
Agricultural Code. An edible cannabis product is not considered food, as defined by Section
109935 of the California Health and Safety Code, or a drug, as defined by Section 109925 of
the California Health and Safety Code.
q) “ Identification card” means a document issued by the State Department of Health that
identifies a person authorized to engage in the medicinal use of cannabis and the person’ s
designated primary caregiver, if any, as defined by Section 11362.7 of the California Health
and Safety Code.
r) “ Labeling” means any label or other written, printed, or graphic matter upon a cannabis
product, upon its container or wrapper, or that accompanies any cannabis product.
s) “ License” means a Town license issued under this Section.
t) “ Licensee” means any person holding a license under this Section.
u) “ MAUCRSA” means the Medicinal and Adult-Use Cannabis Regulation and Safety Act, also
known as Senate Bill 94.
v) “ Medicinal cannabis” or “ medicinal cannabis product” means cannabis or a cannabis product,
respectively, intended to be sold for use pursuant to the Compassionate Use Act of 1996
Proposition 215), found at Section 11362.5 of the Health and Safety Code, by a medicinal
cannabis patient in California who possessed a physician’ s recommendation.
w) “ M-License” or “ Medicinal License means a state license issued pursuant to California
Business and Professions Code Sections 26000 et. seq. for commercial cannabis activity
involving medicinal cannabis or medicinal cannabis products.
x) “ Operator” means the person or persons responsible for operation of the cannabis delivery
service.
y) “ Owner” means any of the following, as defined in Section 26001 of the Business and
Professions Code:
a. A person with an aggregate ownership interest of 20 percent or more in the person
applying for a license or a licensee, unless the interest is solely a security, lien, or
encumbrance.
b. The chief executive officer of a nonprofit or other entity.
Page 23

c. A member of the board of directors of a nonprofit.

d. An individual who will be participating in the direction, control, or management of the
person applying for a license.
z) “ Person” includes any individual, firm, partnership, joint venture, association, corporation,
limited liability company, estate, trust, business trust, receiver, syndicate, or any other group
or combination acting as a unit, and the plural as well as the singular.
aa) “ Physician’ s recommendation” means a recommendation by a physician or surgeon that a
patient use cannabis provided in accordance with the Compassionate Use Act of 1996
Proposition 215), found at Section 11362.5 of the Health and Safety Code.
bb) “ Premises” means the designated structure or structures and land specified in the application
that is owned, leased, or otherwise held under the control of the applicant or operator licensee
where the commercial cannabis activity will be or is conducted. The premises shall be a
contiguous area and shall only be occupied by one licensee.
cc) “ Primary caregiver” has the same meaning as in Section 11362.7 of the Health and Safety
Code.
dd) “ Public park” means any public playground, or public recreation center or area, created,
established, designated, maintained, provided or set aside by the Town of Truckee or a
Truckee special district, including the Truckee-Tahoe Airport District, Truckee Donner
Recreation and Park District, Tahoe-Truckee Unified School District, Tahoe Forest Hospital
District or Truckee Fire Protection District, for the purposes of public rest, play, recreation,
enjoyment or assembly, and all buildings, facilities and structures located thereon or therein.
ee) “ Purchaser” means the customer who is engaged in a transaction with an operator licensee for
purposes of obtaining cannabis or cannabis products.
ff) “ Qualified patient” means a person who is entitled to the protections of Section 11362.5, but
who does not have an identification card issued, as defined by Section 11362.7 of the Health
and Safety Code.
gg) “ Retailer” means any commercial activity that engages in retail sale and delivery of cannabis
or cannabis products to customers. A retailer shall have a permitted licensed premise which is
a physical location from which commercial cannabis activities are conducted. A retailer’ s
premises shall be closed to the public. A retailer shall conduct sales exclusively by delivery,
as defined in Section 26070 of the Business and Professions Code and amended by the Town
of Truckee.
hh) “ Sale”, “ sell”, and “ to sell” include any transaction whereby, for any consideration, title to
cannabis or cannabis products is transferred from one person to another, and includes the
delivery of cannabis or cannabis products pursuant to an order placed for the purchase of the
same and soliciting or receiving an order for the same, but does not include the return of
cannabis or cannabis products by an operator a licensee to the operator licensee from whom
the cannabis or cannabis product was purchased.
ii) “ School” means any facility providing instruction to kindergarten or any grades 1 through 12,
as defined by Section 26054 of the Business and Professions Code.
jj) “ Youth center” means any public or private facility that is primarily used to hose recreational
or social activities for minors, including, but not limited to, private youth membership
organizations or clubs, social service teenage club facilities, video arcades, or similar
amusement park facilities, as defined in Section 11352.1 of the Health and Safety Code.

C. Permit License Requirements

1. Any person seeking to sell and/or deliver adult use or medicinal cannabis from a premises
located in the town of Truckee must first obtain and maintain a Zoning Clearance or Use
Permit license in accordance with this Section prior to operating. However, adult use or
medicinal cannabis delivery, originating from a retailer located outside of the town of
Truckee, is not required to comply with the requirements of this Section.
Page 24

2. A Cannabis Delivery Service License is required for any retail activities for which
MAUCRSA requires a State “ M-Retailer” or “ A-Retailer” license issued by the Bureau. The
Cannabis Delivery Service License is more restrictive than a State “ M -Retailer” or “ A-
Retailer” license because it requires the retailer’ s premises to be closed to the public and
requires the retailer to conduct sales exclusively by delivery.

3. The operator licensee shall comply with all applicable State laws. The operator licensee shall
not engage in any commercial cannabis activity which would necessitate a permit license for
a different cannabis activity other than for delivery services.

D. Prohibited commercial cannabis activities.

1. With the exception of cannabis delivery service businesses, all other commercial cannabis
activities are prohibited.

E. Applicability. A cannabis delivery service business is allowable within the following zoning
districts, with a Zoning Clearance Use Permit in compliance with Chapter 18.72 ( Zoning
Clearance) Chapter 18.76 ( Use Permits and Minor Use Permits): M ( Manufacturing), DM
Downtown Manufacturing), and CS (Service Commercial).

A cannabis delivery service is allowable within the CG (General Commercial) zoning district
with a Use Permit in compliance with Chapter 18.76 (Use Permits and Minor Use Permits). All
cannabis delivery services are prohibited within the ground floor spaces of any building in the
CG zoning district.

F. Site requirements.

1. Location.

a. Separation requirements from sensitive uses. A cannabis delivery service business

shall not be allowed within the specified distances to the following uses that are in
existence at the time the permit license is issued. The distance specified in this Section
shall be measured in the same manner as provided in subdivision ( c) of Section
11362.768 of the Health and Safety Code, as may be amended from time to time.
Specifically, the following distance requirements shall apply:

i) Within a 600 1,000-foot radius of a school, day care center, or youth center as
required by Section 26054 of the Business and Professions Code and amended by
the Town of Truckee.

ii) Within a 1,000-foot radius of a public park.

b. Subsequent establishment of sensitive uses. Any establishment of a sensitive use

within the required 1,000-foot separation standard following establishment of the
cannabis delivery service business shall not necessitate closure or relocation of the
cannabis delivery service business.

c. Separation requirements between cannabis delivery service businesses. A 1,000-

foot separation standard is required between individual cannabis delivery service
businesses. The distance between any two cannabis delivery service businesses shall be
Page 25

measured in a straight line, without regard to intervening structures, from the closest
exterior structural wall of each establishment.

d. Physical location. The cannabis delivery service shall be located in a fixed structure,
shall not be open to the public, and a retail storefront is prohibited. No delivery of
cannabis shall occur within the structure or on the premises thereof.

e. Size Limitation. All cannabis delivery service businesses are limited to 3,000 square
feet of gross floor area.

2. Landscaping. Landscaping shall comply with Chapter 18.40 (Landscape Standards).

3. Lighting. The entire exterior ground, including the parking lot, shall be provided with
lighting which is energy efficient, stationary and directed away from adjoining properties and
public rights-of-way, in compliance with Section 18.30.060 (Exterior Lighting).

a. Security lighting is allowed provided all fixtures comply with Section 18.30.060
Exterior Lighting).

4. Signs. On-site signs shall comply with Chapter 18.54 (Signs).

5. Exterior Design Requirements. Any operator licensee operating a cannabis delivery service
shall implement security measures reasonably designed to prevent unauthorized entrance into
areas containing cannabis or cannabis products and theft of cannabis or cannabis products
from the premises. The use of exterior security cameras is allowed; however, in no cases shall
window security bars be installed on the exterior of any building façade.

a. All exterior building modifications shall comply with Chapter 18.24 ( Design
Guidelines).

6. Interior design requirements. Any operator licensee operating a cannabis delivery service
shall prohibit public access to the facility and reasonable security measures shall be in place to
preclude public access to the interior of the facility.

G. Review and action on applications. A cannabis delivery service business shall only be
permitted Cannabis Delivery Service License shall only be issued following approval of a
Zoning Clearance in compliance with Chapter 18.72 ( Zoning Clearance) or Use Permit in
compliance with Chapter 18.76 (Use Permits and Minor Use Permits) to establish the business.

1. Term of Town of Truckee permit license. Permits Licenses issued under this Section shall be
valid at the permitted licensed premises in perpetuity from the date of issuance provided all of
the following criteria are met:

a. The operator licensee is in compliance with all conditions of approval and/or mitigation
measures associated with the Use Permit.

b. The operator licensee is operating at the approved physical location and all operating
criteria are in compliance with Section 18.58.075.H (Operational requirements).

c. The operator licensee is operating with a valid State-issued “ A-retailer” or “ M-retailer”

license.
Page 26

d. The operator licensee complies with all applicable State laws.

If a operator licensee departs from the permitted licensed physical location or premises, the
operator licensee shall become null and void.

2. Monitoring. The Community Development Department shall conduct annual monitoring of

each operator licensee to ensure the cannabis delivery service business is in compliance with all
aspects of its permit license. Any operator licensees deemed not in compliance may be subject
to permit license suspension, modification or revocation as provided in this Section.

a. A operator licensee shall be responsible for paying an annual permit license monitoring
deposit, as established by resolution of the Town Council from time to time. This
deposit shall cover the full cost borne by the Town to administer the permit licensing
program and all responsibilities established in this Section.

3. Permit License suspension, modification and revocation. Any license issued under the terms
of this Section may be suspended, modified, or revoked by the review authority for cause
including but not limited to violation of any of the requirements or provisions of this Section or
State law, or conflicts with State law.

a. All potential permit modifications and revocations shall be processed in accordance

with Chapter 18.190 (Revocations and Modifications). Except as otherwise provided in
this Section, no license shall be suspended, modified, or revoked until written notice of
the intent to consider revocation or suspension of the license has been served upon the
person to whom the license was granted at least 30 days prior to the date set for such
review. Such notice shall contain a brief statement of the ground to be relied upon for
revoking or suspending such license. Notice may be given either by personal delivery
to the person to be notified, or by depositing it in the U.S. mail in a sealed envelope,
postage prepaid, return receipt requested, addressed to the person to be notified at
his/her address as it appears in his/her application for a license.

b. If any operator person or owner holding a license or person acting under the authority
of a permit for a cannabis delivery service such license under this Section is convicted
of a public offense in any court for the violation of any law which relates to his or her
permit license, the review authority Community Development Director may revoke
such permit in accordance with Chapter 18.190 ( Revocations and Modifications)
license forthwith without any further action thereof, other than giving notice of
revocation to the licensee.

c. If any operator’ s licensee’ s State license is suspended, or revoked, the Town permit
license shall be deemed suspended for the same period of time as the State license, or
revoked, as applicable, effective on the date of suspension or revocation of the State
license. The Community Development Director shall notify the operator licensee of
such suspension or revocation upon becoming aware of the suspension or revocation of
the State license.

d. The operator licensee shall provide notice to the Community Development Director of
any suspension, revocation, or modification of the State license.

4. Appeal of review authority or Community Development Director decision. An applicant or

interested party aggrieved by the review authority’ s or Community Development Director’ s
decision to approve, suspend, modify, or revoke a license may appeal such decision to the
Page 27

review authority designated in Table 4-1 of Section 18.70.020 by filing an written appeal in
accordance with the requirements of Chapter 18.140 ( Appeals). If an appeal is not submitted
within 10 days following the review authority’ s or Community Development Director’ s
decision, the decision shall be final.

a. Consideration of the appeal shall be processed in accordance with the requirements of

Chapter 18.140 (Appeals).

5. Effect of revocation. Following revocation of any permit license by the review authority
provided for in this Section and after the time for appeal to the appropriate review authority has
elapsed, or if after appeal to the review authority, the decision of the original review authority
has been affirmed, no new application for a permit license shall be accepted from the applicant
and no such permit license shall be issued to such person in which the applicant shall have any
beneficial interest for a period of three years after the action revoking the permit license

6. Transfer of permits licenses. The permit is nontransferable. An operator A licensee shall not
operate under the authority of an adult use or medicinal cannabis delivery service or retailer’ s
permit license at any place other than the address stated in the application for the permit license.

a. The license is nontransferable unless the transferee obtains an amendment to the license
from the Community Development Director stating that the transferee is now the
licensee. Such an amendment may only be obtained if the transferee files an application
with the Community Development Department in accordance with all provisions of this
Section accompanied by a transfer fee in an amount set by resolution of the Town
Council, and the Community Development Director determines in accordance with this
Section that the transferee would be entitled to the issuance of an original license.

b. No license may be transferred when the Community Development Director has notified
the licensee that the license has been or may be suspended or revoked.

c. Any attempt to transfer a license either directly or indirectly in violation of this Section
is void, and the license shall be deemed revoked.

7. Enforcement. It is unlawful for any person to violate any provision or fail to comply with
any of the requirements of this Section. A violation of this Section shall be punishable in
accordance with the Municipal Code.

a. All remedies prescribed under this Section shall be cumulative and the use of one or
more remedies by the Town shall not bar the use of any other remedy for the purpose
of enforcing the provisions hereof.

b. Any person that violates any provision of this Section shall be guilty of a separate
offense for each and every day during any portion of which any such person commits,
continues, permits, or causes a violation thereof, and shall be penalized accordingly.

c. Any use or condition caused or permitted to exist in violation of any of the provisions
of this Section shall be and is declared a public nuisance and may be summarily abated
by the Town.

d. The violation of any provision of this Section shall be and is declared to be contrary to
the public interest and shall, at the discretion of the Community Development Director,
create a cause of action for injunctive relief.
Page 28

e. In addition to the civil remedies and criminal penalties set forth above, any person that
violates the provisions of this Section may be subject to administrative remedies as set
forth by the Municipal Code.

H. Operational requirements.

1. On-site consumption and public access. All forms of on-site consumption are prohibited
within a cannabis delivery service business and the general public shall be prohibited from
accessing any portions of the facility and conducting any retail sales therein. This
requirement does not apply to public access associated with operation of the facility, including
employees associated with commercial deliveries, regulatory functions, testing labs, etc.

2. Sales of cannabis, cannabis accessories, and cannabis products. All retail sales of cannabis,
cannabis accessories or cannabis products shall occur during a transaction for delivery of the
cannabis or cannabis product to the customer, primary caregiver, purchaser or qualified
patient.

I. Severability. The provisions of this Section are declared to be severable. If any provision, clause,
word, sentence, or paragraph of this Section or the application thereof to any person, establishment,
or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this
Section.
 89 Glenshire
80
Gray's Crossing
Tahoe Donner Glenshire Store

The Rock Garden/Ferguson

TDRPD Community Recreation
and Aquatic Center
Industrial Way

Pioneer Commerce Center/Trails End

267
Olympic Heights
Safeway Gateway East Hall's Excavating/Shaffer Paving
80 Northwoods Blvd.
80§¨¦
Railyard Martis Valley Associates
Donner Lake Village

Reynolds/7-11 Joerger Ranch (PC-3)

Donner Lake 89 Sierra Meadows The Rock

Zoning Districts
South Shore Drive Donner Memorial State Park Coldstream Specific Crossroads Shopping Center West River Street/River Park Place Airport Business Center/Town Hall BIZ-1 CS M
Plan Area (PC-1)
CG DM Town Boundary

Miles
0 20.
5 1

Non-residential Parcels Outside of 600-ft. Radius from Designated Sensitive Uses

Schools and Youth Centers/Day Cares
April 2018
 89
Glenshire
80
Gray's Crossing
Tahoe Donner Glenshire Store

TDRPD Community Recreation

and Aquatic Center
Industrial Way

Pioneer Commerce Center/Trails End

267
Olympic Heights
Safeway Hall's Excavating/Shaffer Paving
80
80 Railyard
Crossroads Shopping Center
The Rock

Donner Lake Joerger Ranch (PC-3)

89
Sierra Meadows
Zoning Districts
Donner Memorial State Park Coldstream Specific West River Street/River Park Place Business Center/Town Hall
BoundaryAirport BIZ-1 DM Town
Plan Area (PC-1)
CS M

Miles
0 20.
5 1

Non-residential Parcels Outside of 600-ft. Radius from Designated Sensitive Uses

Schools and Youth Centers/Day Cares
April 2018
 The Rock Garden/Ferguson TDRPD Community Recreation
and Aquatic Center

Tahoe Donner Industrial Way

Hall's Excavating/Shaffer Paving
Pioneer Commerce Center/Trails End
Olympic Heights
Railyard 89

80

Safeway

The Rock Joerger Ranch (PC-3)

Crossroads Shopping Center

80 Airport Business Center/Town Hall
267

89 Sierra Meadows

Zoning Districts
West River Street/River Park Place BIZ-1 DM Town Boundary
CS M

0 90
225 0.45

Non-residential Parcels Outside of 600-ft. Radius from Designated Sensitive Uses

Schools and Youth Centers/Day Cares
April 2018
 The Rock Garden/Ferguson TDRPD Community Recreation
and Aquatic Center
Tahoe Donner Industrial Way

Olympic Heights
80
Pioneer Commerce Center/Trails End Hall's Excavating/Shaffer Paving

Railyard

Safeway
Gateway East

Reynolds/7-11
Martis Valley Associates

Joerger Ranch (PC-3)

The Rock
Airport Business Center/Town Hall
80
267

Sierra Meadows
89

West River Street/River Park Place

Crossroads Shopping Center

Zoning Districts
BIZ-1 CS M
CG DM Town Boundary

Miles
0 10.
25 0.5

Non-residential Parcels Outside of 600-ft. Radius from Designated Sensitive Uses

Schools and Youth Centers/Day Cares
April 2018
 80

Donner Lake Village

South Shore Drive Donner Lake

267

89

Donner Memorial State Park Coldstream Specific

Plan Area (PC-1)

Zoning Districts
BIZ-1 CS M
CG DM Town Boundary

Miles
0 10.
25 0.5

Non-residential Parcels Outside of 600-ft. Radius from Designated Sensitive Uses

Schools and Youth Centers/Day Cares
April 2018