San Jose Municipal Code Part 13 Zoning Code Verification Certificate

A. The provisions of this part apply to and shall govern the issuance of zoning code verification certificates, which certificates are required whenever the provisions of this title so mandate.

B. The director is authorized to issue a zoning code verification certificate in accordance with the provisions of this part.

(Ord. 28958)

The purpose of this part is to provide for a ministerial process by which the director can provide ministerial confirmation of the compliance of a site with the applicable provisions of this title.

(Ord. 28958)

A. The application for a zoning code verification certificate shall comport with the processes and requirements, including without limitation the payment in full of applicable fees, set forth in Parts 1 and 2 of this Chapter, provided, however, that no public hearing on a zoning code verification certificate is required.

B. The application for a zoning code verification certificate for a Cannabis Business, as defined in Section 6.88.206 of Title 6 of this Code, shall not be accepted until the City Manager has confirmed the initiation of the registration process under Chapter 6.88 of Title 6 of this Code.

(Ords. 28958, 30727)

A. The director shall issue, or cause the issuance of, a zoning code verification certificate when the director determines that the application evidences full compliance with all of the applicable provisions of this title.

B. The director shall not issue, nor allow the issuance of, a zoning code verification certificate when the director determines that the application evidences noncompliance with any applicable provision of this title.

C. The director shall not issue, nor allow the issuance of, a zoning code verification certificate for a Medical Cannabis Dispensary Site Only, Medical Cannabis Dispensary, or Cannabis Retail Storefront in Council District 7.

D. The director's determination under this section shall be in writing, in the form of issuance of a zoning code verification certificate or a writing describing the noncompliance that prevents the issuance of a zoning code verification certificate.

E. The director's determination under this section shall be final.

F. The zoning code verification certificate for a Cannabis Business, as defined in Section 6.88.206 of Title 6 of this Code, will cease to be operative if any of the following apply:

1. The registration of the Cannabis Business is deemed null and void pursuant to Section 6.88.350 of Title 6 of this Code; or

2. The Cannabis Business receives a Notice of disqualification as outlined in Section 6.88.330 of Title 6 of this Code; or

3. If the Cannabis Business does not commence operations at the location, as specified on the zoning code verification certificate application, within a period of 24 months from the time of issuance.

(Ords. 28958, 30727)

A. A Medical Cannabis Collective, Medical Cannabis Collective Cultivation Site Only, Medical Cannabis Collective Dispensary Site Only, Medical Cannabis Business, Non-medical Cannabis Business, Cannabis Manufacturing (Type 6) Business, Cannabis Distribution Business, or Cannabis Testing Business shall keep, or cause to be kept, a true and correct copy of the Zoning Code Verification Certificate issued by the Director for that Medical Cannabis Collective, Medical Cannabis Collective Dispensary Site Only, Medical Cannabis Collective Cultivation Site Only, Medical Cannabis Business, Non-medical Cannabis Business, Cannabis Manufacturing (Type 6) Business, Cannabis Distribution Business, or Cannabis Testing (Business in legible condition, on the premises of that Medical Cannabis Collective, Medical Cannabis Collective, Dispensary Site Only, Medical Cannabis Collective Cultivation Site Only, Medical Cannabis Business, Non-medical Cannabis Business, Cannabis Manufacturing (Type 6) Business, Cannabis Distribution Business, or Cannabis Testing Business.

B. A Medical Cannabis Collective, Medical Cannabis Collective Cultivation Site Only, Medical Cannabis Collective Dispensary Site Only, Medical Cannabis Business, Non-medical Cannabis Business, Cannabis Manufacturing (Type 6) Business, Cannabis Distribution Business, or Cannabis Testing Business shall present, or cause to be presented, the copy of its Zoning Code Verification Certificate to the City Manager or his/her designee, a City police officer or City code enforcement officer who is at the Site of the Medical Cannabis Collective, Medical Cannabis Collective Cultivation Site Only, Medical Cannabis Collective Dispensary Site Only, Medical Cannabis Business, Non-medical Cannabis Business, Cannabis Manufacturing (Type 6) Business, Cannabis Distribution Business, or Cannabis Testing Business immediately upon request.

(Ords. 29420, 29804, 30029, 30209.)

Editor's note— Ord. 30209, § 5, adopted 1-29-2019, amended § 200.100.1530, and in so doing changed the title of said section from "Availability of Certificate - Medical Cannabis Collective, Medical Cannabis Collective Cultivation Site Only, Medical Cannabis Collective Dispensary Site Only, Medical Cannabis Business, or Non-medical Cannabis Business" to "Availability of Certificate - Medical Cannabis Collective, Medical Cannabis Collective Cultivation Site Only, Medical Cannabis Collective Dispensary Site Only, Medical Cannabis Business, Non-medical Cannabis Business, Cannabis Manufacturing (Type 6) Business, Cannabis Distribution Business, or Cannabis Testing Business," as set out herein.

A Medical Cannabis Collective, Medical Cannabis Collective Cultivation Site Only, Medical Cannabis Collective Dispensary Site Only, Medical Cannabis Business, Non-medical Cannabis Business, Cannabis Manufacturing (Type 6) Business, Cannabis Distribution Business, or Cannabis Testing Business shall apply for a new Zoning Code Verification Certificate whenever it intends to modify its operations in a manner that may impact compliance with the provisions and conditions set forth in this Title.

(Ords. 29420, 30029, 30209.)

Editor's note— Ord. 30209, § 6, adopted 1-29-2019, amended § 200.100.1535, and in so doing changed the title of said section from "Updated Certificate - Medical Cannabis Collective, Medical Cannabis Collective Cultivation Site Only, Medical Cannabis Collective Dispensary Site Only, Medical Cannabis Business, or Non-medical Cannabis Business" to "Updated Certificate - Medical Cannabis Collective, Medical Cannabis Collective Cultivation Site Only, Medical Cannabis Collective Dispensary Site Only, Medical Cannabis Business, Non-medical Cannabis Business, Cannabis Manufacturing (Type 6) Business, Cannabis Distribution Business, or Cannabis Testing Business, or Cannabis Testing Business," as set out herein.

A Zoning Code Verification Certificate may not be transferred or assigned, except that a Zoning Code Verification Certificate may be transferred or assigned to another Medical Cannabis Collective, Medical Cannabis Collective Cultivation Site Only, Medical Cannabis Collective Dispensary Site Only, Medical Cannabis Business, Non-medical Cannabis Business, Cannabis Manufacturing (Type 6) Business, Cannabis Distribution Business, or Cannabis Testing Business that plans to operate on the same Site and has obtained a new or updated registration pursuant to Chapter 6.88 of the Code authorizing such transfer or assignment.

(Ords. 29420, 30029, 30209.)

Editor's note— Ord. 30209, § 7, adopted 1-29-2019, amended § 200.100.1540, and in so doing changed the title of said section from "Nontransferability - Medical Cannabis Collective, Medical Cannabis Collective Cultivation Site Only, Medical Cannabis Collective Dispensary Site Only, Medical Cannabis Business, or Non-medical Cannabis Business" to "Nontransferability - Medical Cannabis Collective, Medical Cannabis Collective Cultivation Site Only, Medical Cannabis Collective Dispensary Site Only, Medical Cannabis Business, Non-medical Cannabis Business, Cannabis Manufacturing (Type 6) Business, Cannabis Distribution Business, or Cannabis Testing Business," as set out herein.