191

SEC. 191. AUTHORIZATION OF TEMPORARY CANNABIS RETAIL USES. (a) A Grandfathered MCD, as defined in Section 190, that receives a permit to operate as a Medical Cannabis Dispensary from the Department of Public Health before December 31, 2020 shall be deemed a Temporary Cannabis Retail Use, as defined in Section 205.2. Upon expiration of the Temporary Cannabis Retail Use authorization, the land use authorization for the parcel will revert to the original authorization to operate as a Medical Cannabis Dispensary Use, unless the Planning Department or Planning Commission has issued a permanent authorization for a Cannabis Retail Use. (b) This Section 191 shall expire by operation of law on December 31, 2024. Upon its expiration, the City Attorney is authorized to cause this Section 191 to be removed from the Planning Code. (Added by Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; amended by Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 48-19, File No. 190108, App. 3/15/2019, Eff. 4/15/2019; Ord. 274-19, File No. 190842, App. 11/27/2019, Eff. 12/28/2019; Ord. 249-22, File No. 220542, App. 12/16/2022, Eff. 1/16/2023; Ord. 68-24, File No. 240070, App. 4/4/2024, Eff. 5/5/2024, Retro. 1/1/2024) AMENDMENT HISTORY Existing paragraph designated as division (a); division (b) added; Ord. 202-18, Eff. 9/10/2018. Dates in divisions (a) and (b) amended; Ord. 48-19, Eff. 4/15/2019. Dates in divisions (a) and (b) amended; Ord. 274-19, Eff. 12/28/2019. Section header and section amended; Ord. 249-22, Eff. 1/16/2023. Division (b) amended; Ord. 68-24, Retro. 1/1/2024. SEC. 192. LEGITIMIZATION OF CERTAIN LAND USES AT 3150 18TH STREET. (a) Intent. The purpose of this Section 192 is to establish a time-limited program whereby existing land uses at 3150 18th Street (Assessor’s Parcel Block No. 3573, Lot No. 106), which have operated without required permits, may be permitted notwithstanding the zoning controls imposed by Planning Code Section 210.3. (b) Legitimization Program for Certain Land Uses. Any Non-Residential or PDR Use at 3150 18th Street that otherwise is not permitted pursuant to Planning Code Section 210.3 may be established as a Legal Non-conforming Use, if it meets all of the following requirements: (1) If the use is an Office Use, any building permit for such Office Use will be subject to Mandatory Discretionary Review by the Planning Commission; (2) As of January 15, 2019, it was operating in that location; (3) As of January 15, 2019, it had a lease with the owner of 3150 18th Street, or it had a written agreement with an entity who has such a lease with the owner to operate in that location; and (4) Applications for all appropriate permits from any City or State agency to legalize the use are filed within 90 days of the effective date of this Section 192, and the applicant diligently pursues the permit(s) until they are issued. (c) Notice. (1) Notice by Planning Department. The Planning Department shall post notice of this legitimization program on its website to describe its contents and requirements in order to assist tenants at 3150 18th Street with participation in this program. The notice shall also inform the public about the uses principally and conditionally permitted in PDR-1-G Districts, as set forth in Planning Code Section 210.3. (2) Notice by Owner. The owner of 3150 18th Street shall provide written notice to any prospective tenant at this property about the uses principally and conditionally permitted in PDR-1-G Districts, as set forth in Planning Code Section 210.3, prior to entering into any lease with the tenant. The owner of 3150 18th Street