Part 9.76

CANNABIS CULTIVATION, DELIVERY ONLY, DISTRIBUTION, MANUFACTURING (TYPE 6), PROCESSING, OR TESTING BUSINESS

Sections:

20.80.797 Definitions.

20.80.797.5 Youth center.

20.80.798 Compliance required.

20.80.798.5 Personal use cultivation.

20.80.799 Restrictions and conditions.

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§ 20.80.798

The purpose of this Part is to further fulfill the purposes and intents set forth in Chapter 6.88 of Title 6 of the San José Municipal Code.

Unless expressly defined in this Title otherwise, the terms used in this Part shall have the meanings ascribed to them in Chapter 6.88 of Title 6 of the San José Municipal Code. (Ord. 30209.)

"Youth Center" shall have the definition given in California Health and Safety Section 11353.1. (Ord. 30727.)

• A. No person shall own, operate, tolerate, allow the operation of, or profit from the ownership of a Medical Cannabis Collective, Medical Cannabis Collective Cultivation site only, Cannabis Cultivation, Cannabis Delivery Only, Cannabis Distribution, Cannabis Manufacturing (Type 6), Cannabis Processing, or Cannabis Testing Business; provided, however, that a person may assert an affirmative defense to a criminal or civil enforcement action brought to enforce the provisions of this Title where the person, collective, business or activity is in full compliance with all of the applicable terms, provisions and conditions of this Code, including without limitation the provisions of this Part.

• B. In addition to the requirements set forth in Section 20.80.798 A. above, no person shall own, operate, tolerate, allow the operation of, or profit from the ownership of a Medical Cannabis Collective, Medical Cannabis Collective Cultivation site only, Cannabis Cultivation, Cannabis Delivery Only, Cannabis Distribution, Cannabis Manufacturing (Type 6), Cannabis Processing, or Cannabis Testing Business until such time as a Zoning Code Verification Certificate has been duly applied for

  • and issued by the Director pursuant to the provisions of Chapter 20.100 of this Title, which Zoning Code Verification Certificate confirms full conformance of a proposed Cannabis Cultivation, Delivery Only, Distribution, Manufacturing (Type 6), Processing, or Testing Business with all of the applicable locational siting requirements of this Title; provided an existing registered Medical or Nonmedical Cannabis Business may expand its operation to include cannabis manufacturing (Type 6) or cannabis distribution but must obtain a new Zoning Code Verification Certificate pursuant to this Section 20.80.760 B. if such activity is conducted at a new site. The application for such Zoning Code Verification Certificate shall be filed pursuant to the requirements and processes set forth in Chapter 20.100.

• C. In addition to the requirements set forth in Sections 20.80.798 A. and 20.80.798 B. above, no person shall own, operate, tolerate, allow the operation of, or profit from the ownership of a Medical Cannabis Collective, Medical Cannabis Collective Cultivation site only, Cannabis Cultivation, Cannabis Delivery Only, Cannabis Distribution, Cannabis Manufacturing (Type 6), Cannabis Processing, or Cannabis Testing Business until such time as all required State licenses have been duly applied for and issued by the State of California and are effective pursuant to the provisions of State law.

• D. Notwithstanding the provisions of this Section 20.80.798, all persons who choose to be involved with cannabis, and a Medical Cannabis Collective, Medical Cannabis Collective Cultivation site only, Cannabis Cultivation, Cannabis Delivery Only, Cannabis Distribution, Cannabis Manufacturing (Type 6), Cannabis Processing, or Cannabis Testing Business do so entirely at their own risk that such involvement may constitute a violation of federal or state law.

(Ords. 30209, 30727.)

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§ 20.80.798.5

The provisions of this Part are not intended to and shall not regulate the cultivation or possession of cannabis for personal use in full compliance with all applicable state and local laws at their primary residence located within a zoning district that allows for residential uses. (Ord. 30727.)

The location and operation, and any person operating, or allowing or suffering the operation of, a Medical Cannabis Collective, Medical Cannabis Collective Cultivation site only, Cannabis Cultivation, Cannabis Delivery Only, Cannabis Distribution, Cannabis Manufacturing (Type 6), Cannabis Processing, or Cannabis Testing Business shall be subject to and shall comply with, or shall cause the compliance with, all of the following restrictions and conditions set forth in this Section, in addition to those restrictions and conditions that may be imposed on said business under or pursuant to other provisions of the San José Municipal Code or other applicable State or local laws, regulations or policies, at all times; provided, however, that if there is a conflict between the provisions of this Section and the provisions of any other applicable State or local law, the most restrictive law allowed to apply shall govern and control:

• A. At the time of issuance of a Zoning Code Verification Certificate, no Medical Cannabis Collective, Medical Cannabis Collective Cultivation site only, Cannabis Cultivation, Cannabis Delivery Only, Cannabis Distribution, Cannabis Manufacturing (Type 6), Cannabis Processing, or Cannabis Testing Business shall be located closer than a minimum of six hundred (600) feet from any Parcel on which a public or private preschool, elementary school, or secondary school exists; and

• B. At the time of issuance of a Zoning Code Verification Certificate, no Medical Cannabis Collective, Medical Cannabis Col-

lective Cultivation site only, Cannabis Cultivation, Cannabis Delivery Only, Cannabis Distribution, Cannabis Manufacturing (Type 6), Cannabis Processing, or Cannabis Testing Business shall be located closer than a minimum of six hundred (600) feet from any Parcel on which any of the following uses exist: a Child Day Care Center, Youth Center; and

• C. At the time of issuance of a Zoning Code Verification Certificate, no Medical Cannabis Collective, Medical Cannabis Collective Cultivation site only, Cannabis Cultivation, Cannabis Delivery Only, Cannabis Distribution, Cannabis Manufacturing (Type 6), Cannabis Processing, or Cannabis Testing Business shall be located closer than a minimum of six hundred (600) feet from any Parcel on which any of the following uses exist: a community/recreational facility, a park, or a library; and

• D. At the time of issuance of a Zoning Code Verification Certificate, no Cannabis Manufacturing (Type 6) Business, Cannabis Distribution Business, or Cannabis Testing Business shall be located closer than a minimum of one hundred fifty (150) feet from any Parcel with residential use, including a residential legal nonconforming use that is not incidental to a primary nonresidential use; and

• E. The distances established in Subsections A. through D. above shall be measured as follows:

1. For a Medical Cannabis Collective, Medical Cannabis Collective Cultivation site only, Cannabis Cultivation, Cannabis Delivery Only, Cannabis Distribution, Cannabis Manufacturing (Type 6), Cannabis Processing, or Cannabis Testing Business located in a multi-tenant Building with tenant spaces occu-

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pied by uses other than the Cannabis Business, the distance shall be measured in a straight line from the Parcel boundary of the sensitive use to the nearest exterior wall of the Cannabis business' occupied tenant space in the shared Building.

2. For a Medical Cannabis Collective, Medical Cannabis Collective Cultivation site only, Cannabis Cultivation, Cannabis Delivery Only, Cannabis Distribution, Cannabis Manufacturing (Type 6), Cannabis Processing, or Cannabis Testing Business that is the sole occupant of a Building, the distance shall be measured in a straight line from the Parcel boundary of the sensitive use to the nearest exterior wall of the Cannabis Business' Building envelope.

• F. All activities conducted at a Medical Cannabis Collective, Medical Cannabis Collective Cultivation site only, Cannabis Cultivation, Cannabis Delivery Only, Cannabis Distribution, Cannabis Manufacturing (Type 6), Cannabis Processing, or Cannabis Testing Business shall at all times fully comport with the provisions of Chapter 6.88 of Title 6 of this Code; and

• G. A Medical Cannabis Collective, Medical Cannabis Collective Cultivation site only, Cannabis Cultivation, Cannabis Delivery Only, Cannabis Distribution, Cannabis Manufacturing (Type 6), Cannabis Processing, or Cannabis Testing Business shall not operate between the hours of 12:00 a.m. and 6:00 a.m. except pursuant to and in compliance with a Conditional Use Permit as provided in Chapter 20.100.

• H. No outdoor activity, including loading, sweeping, landscaping or maintenance shall occur within fifty (50) feet of any

residentially zoned property between the hours of 12:00 midnight and 6:00 a.m. except pursuant to and in compliance with a Conditional Use Permit as provided in Chapter 20.100.

• I. Performance Standards

  1. In the IP, LI and HI industrial districts no primary, secondary, incidental or conditional use or activity related thereto shall be conducted or permitted:

     • a. In a manner that causes or results in the harmful discharge of any waste materials into or upon the ground, into or within any sanitary or storm sewer system, into or within any water system or water, or into the atmosphere; or

     • b. In a manner that constitutes a menace to persons or property or in a manner that is dangerous, obnoxious, or offensive by reason of the creation of a fire, explosion, or other physical hazard, or by reason of air pollution, odor, smoke, noise, dust vibration, radiation, or fumes; or

     • c. In a manner that creates a public or private nuisance.

  2. Without limiting the generality of the preceding subsection, the following specific standards shall apply in the industrial zoning districts:

     • a. Incineration. There shall be no incineration on any site of any waste material.

• b. Vibration. There shall be no activity on any site that causes ground vibration which is perceptible without instruments at the property line of the site.

  - c. Air pollution. Total emissions from any use or combination
  

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of uses on a site shall not exceed the emissions and health risk thresholds as established by the Director of Planning, Building and Code Enforcement.

3. Noise.

   • a. The sound pressure level generated by any use or combination of uses shall not exceed the decibel level at any property line as shown in Table 20135, except upon issuance and in compliance with a special use permit as provided in Chapter 20.100.

(Ords. 30209, 30727.)