Berkeley Municipal Code Ch. 23.320 Cannabis Uses

This chapter establishes standards for cannabis uses that supplement the regulations in Municipal Code Chapter 12.21 (Cannabis Business: General Regulations) and Chapter 12.22 (Cannabis Business Operating Standards). (Ord. 7787-NS § 2 (Exh. A), 2021)

A. Definitions. The terms cannabis retailer, storefront retailer, delivery-only retailer, A-Retailer, and M-Retailer are defined in Municipal Code Section 12.21.020 (Definitions).

B. Non-Conforming M-Retailers.

1. A medical cannabis dispensary (M-Retailer) existing and authorized as of January 1, 2010 that does not comply with this section may continue at its current medical cannabis dispensing location as a legal nonconforming use.

2. Notwithstanding Chapter 23.324 (Nonconforming Uses, Structures, and Buildings) or the regulations in this section, the Zoning Officer may approve an AUP to allow the expansion of a lawful nonconforming medical cannabis dispensary onto an adjacent parcel.

C. Location Changes.

1. A cannabis retailer in good standing with state and City regulations, including obtaining all necessary licenses and full payment of all fees and with no outstanding violations, may seek approval for a change in location.

2. An application for a change of location shall be evaluated based on the requirements to operate a cannabis business effective at the time of the proposed change.

D. Storefront Retailers.

1. A storefront retailer is permitted in Commercial Districts with a Zoning Certificate, and must maintain compliance with Municipal Code Chapters 12.21 (Cannabis Business: General Regulations) and 12.22 (Cannabis Business Operating Standards) and security regulations promulgated by the Chief of Police.

2. A storefront retailer shall be approved through the selection process described in Municipal Code Section 12.22.020 (Selection Process).

3. Up to seven storefront retail permits may be issued, one of which is reserved for an equity candidate as defined in Municipal Code Section 12.22.020 (Selection Process). This limit to the number of storefront retailers shall not be reconsidered for a period of three years from March 15, 2020.

4. Expansion of an approved storefront retailer must comply with the development standards for the zoning district in which it is located.

5. Storefront retailers may operate as a retail storefront microbusiness as defined in Municipal Code Chapter 12.21 (Cannabis Business: General Regulations) subject to obtaining all required state and local licenses.

6. Buffers.

(a) A storefront retailer may not be located:

i. Within 600 feet of another storefront retailer, a public or private elementary school, or a City-operated community center or skate park; or

ii. Within 1,000 feet of a public or private middle school or high school.

(b) Notwithstanding Paragraph (a) above, a seventh storefront retailer, to be operated by an equity business, may not be located within 600 feet of another storefront retailer or school.

E. Delivery-Only Retailers.

1. Seven delivery-only retailers are permitted citywide, four of which shall be operated by an equity business, and three of which shall be a non-equity business.

2. A delivery-only retailer shall be approved through the selection process described in Municipal Code Section 12.22.020 (Selection Process).

3. Delivery-only retailers are permitted with a Zoning Certificate in all Commercial Districts other than the C-N district.

4. Delivery-only retailers are permitted in the Manufacturing (M) district, shall be evaluated and regulated for zoning purposes in the same way as a warehouse-based non-store retailer, and shall be subject to the numeric and buffer requirements in this section for delivery-only retailers.

5. A delivery-only retailer may not be located within 300 feet of any school or City-operated community center or skate park.

6. A delivery-only retailer may not be located in a street-fronting tenant space in a Commercial District.

F. Lounges.

1. A Lounge, as defined in Municipal Code Section 12.21.020 (Definitions), may be permitted at an approved retailer with a Use Permit.

2. A Lounge must comply with the operational standards established by the City of Berkeley Department of Health, Housing and Community Services. (Ord. 7787-NS § 2 (Exh. A), 2021)

A. Definition. The term "commercial cannabis cultivation" as used in this chapter is defined in Municipal Code Chapter 12.21 (Cannabis Businesses: General Regulations).

B. General Requirements.

1. Commercial cannabis cultivation shall comply with Municipal Code Chapter 12.22 (Cannabis Business Operating Standards), security measured required by the Chief of Police, and the requirements of this chapter.

2. Commercial cannabis cultivation may include testing, processing, manufacturing, and food preparation only to the extent expressly permitted by MAUCRSA.

C. Where Allowed. Commercial cannabis cultivation is permitted with a Zoning Certificate in the Manufacturing (M) district, subject to the following limitations:

1. Commercial cannabis cultivation shall only occur at licensed cannabis businesses.

2. Cannabis may not be dispensed and client, patient or member services and retail sales are not permitted at cannabis cultivation facilities.

D. Maximum Canopy Area.

1. The total citywide canopy area of cannabis cultivation facilities may not exceed 180,000 square feet.

2. The total citywide canopy area of all minor cannabis cultivation facilities may not exceed 48,000 square feet plus any area not used by a major cannabis cultivation facility.

E. Different Licenses. Separate spaces used by different licensees may be aggregated at the same location.

F. Outdoor Cultivation Prohibited. Commercial cannabis cultivation is not permitted outside of a building.

G. Cannabis Nurseries. A cannabis nursery as defined in Municipal Code Section 12.21.020 (Definitions) is subject to the same regulations as a commercial cannabis cultivation facility.

H. Buffer. A commercial cannabis cultivation facility may not be located within 300 feet of a school or City-operated community center or skate park.

I. Major Cannabis Cultivation Facilities.

1. No more than six major cannabis cultivation facilities are permitted.

2. A major cannabis cultivation facility may not be approved until the City Council adopts licensing process and standards for such uses.

3. Adopted standards shall require indoor cultivation uses to offset the net increased energy used as compared to a regular industrial facility.

4. Adopted standards also may include whether:

(a) Cannabis cultivation uses will provide a percentage of all usable product cultivated at no cost to very low-income patients;

(b) Cannabis cultivation uses will use organic methods in cultivation and processing to the maximum extent reasonable; and

(c) The form of organization, ownership, and practices of cannabis cultivation uses ensure equity and accountability, low prices, and an adequate supply of high-quality cannabis to customers. (Ord. 7787-NS § 2 (Exh. A), 2021)

A. Equivalent Uses. Cannabis manufacturers, testing labs, and distributors shall be evaluated and regulated in the same way as the equivalent non-cannabis uses shown in Table 23.320-1.

Table 23.320-1. EQUIVALENT NON-CANNABIS USES

B. Buffer. Cannabis manufacturers, testing labs and distributors may not be located within 300 feet of a school. (Ord. 7787-NS § 2 (Exh. A), 2021)

A. Definition. The term "microbusiness" as used in this chapter is defined in Municipal Code Chapter 12.21 (Cannabis Business: General Regulations).

B. General. A microbusiness is subject to the development standards in this chapter for each use on the premises, with the following exceptions:

1. In cases where the development standards and permit thresholds for two or more uses are different, the more restrictive standards apply.

2. Retail nursery microbusinesses are subject to 23.320.050.C (Retail Nursery Microbusinesses).

C. Retail Nursery Microbusinesses.

1. A used in this section, "existing nursery" means a legally established plant nursery in Berkeley established as of March 15, 2020.

2. Up to two existing nurseries may convert to a retail nursery microbusiness. Retail nursery microbusinesses are not subject to the numeric or canopy limitations of other retailers or cannabis cultivators.

3. In a Commercial or Manufacturing District, an existing nursery may convert to a retail nursery microbusiness by right with a Zoning Certificate if each use conducted on the premises complies with the applicable development standards in the Zoning Ordinance.

4. In a Residential District, an existing nursery may convert to a retail nursery microbusiness with a Use Permit for a substantial expansion or change in character to a non-conforming use as provided in Chapter 23.324 (Nonconforming Uses, Structures, and Buildings).

5. The City shall issue the Zoning Certificates and/or Use Permits to existing nurseries on a first-come, first-served basis.

6. The City shall determine the right to retain the allocated Zoning Certificates and/or Use Permits as follows:

(a) For a Zoning Certificate, the date of issuance of a concurrent business license and establishing and continuously operating the business.

(b) For a Use Permit is required, the date the Use Permit application is deemed complete so long as the Use Permit is implemented with a business license within 30 days of approval and establishing and continuously operating the business.

7. The 600-foot buffer required between cannabis retailers in 23.320.020 (Cannabis Retail) does not apply between a storefront cannabis retailers and a retail nursery microbusiness. (Ord. 7787-NS § 2 (Exh. A), 2021)