Vallejo Municipal Code Ch. 16.312 Cannabis Processing, Cultivation, Distribution, Testing and Retail

These provisions establish regulations for the operation of commercial cannabis uses, in a consistent manner with the general plan, this Zoning Code and the requirements of the Chapters 7.100 and 7.200 of the Vallejo Municipal Code. All permits issued in accordance with Vallejo Municipal Code Chapter 7.100 to operate establishments engaged in the retail, processing, cultivation or distribution of cannabis will be void by January 1, 2022. Operations may only continue upon approval of a minor use permit and Vallejo Municipal Code Chapter 7.200 Regulatory Permit.

Commercial cannabis establishments, including, but not limited to cultivation, distribution, manufacturing, testing and retail uses shall comply with the procedures of the Vallejo Municipal Code, State law, and the regulations of this Zoning Code. Where the Zoning Code conflicts with state law, the more restrictive standards shall apply.

A. Permits Required.

1. All cannabis uses shall obtain and maintain all required State and local permits and licenses including the corresponding local permits required under Chapter 7.200 of the Vallejo Municipal Code.

2. Minor Use Permits pursuant to Chapter 16.606, Minor and Major Use Permits, will only be granted to establishments operating in compliance with applicable State laws and regulations.

3. Revocation of the state cannabis license (e.g., Microbusiness license) or the local permit to operate under Chapter 7.200 of the Vallejo Municipal Code shall be grounds for revocation of the minor use permit for the cannabis cultivation, distribution, manufacturing and testing laboratory use.

4. Valid and applicable state and local licenses and permits shall be publicly displayed at all times during hours of operation.

5. Operations and location requirements shall at all times comply with applicable regulations contained in Title 16 of the California Code of Regulations as those may be updated from time to time by the California Bureau of Cannabis Control.

B. Locational Limitation.

1. Retail sale of cannabis for recreational and medical purposes is permitted in the NMX, CC, NC, RC, IL, and IG Zoning Districts subject to the approval of a minor use permit pursuant to Chapter 16.606, Minor and Major Use Permits.

2. Cannabis cultivation, distribution, manufacturing, and testing laboratories are allowed in the IL and IG Zoning Districts, and in the White Slough Specific Plan Area, Zone 1A which is the zoned CC, subject to the approval of a minor use permit pursuant to Chapter 16.606, Minor and Major Use Permits.

3. No cannabis cultivation, distribution, manufacturing, testing laboratory or retail use may be located within a six hundred-foot radius of a school providing instruction in kindergarten or any grades 1 through 12, day care center, or youth center as defined in Health and Safety Code Section 11353.1.

4. The distance specified in this chapter shall be the horizontal distance measured in a straight line from the property line of the school or center to the closest property line of the lot on which the permittee is to be located without regard to intervening structures.

C. Development and Operation Standards. Cannabis cultivation, distribution, manufacturing and testing laboratory establishments shall comply with the following restrictions:

1. Where this code conflicts MAUCRSA design and development standards, the more restrictive standards shall apply. All applicable zoning district requirements must be met, together with the following requirements:

2. Development and Operational Standards:

a. General. All activities shall occur within a secure fence at least eight feet in height that fully encloses the area. The fence must include a lockable gate(s) that is locked at all times, except for during times of active ingress/egress.:

i. No person under age eighteen shall be allowed on the property.

ii. The site shall not be open to the general public.

iii. No transactions outside, or partially outside of an enclosed building are permitted. No transactions which are performed through walk-up or drive-through service are allowed.

iv. No use, inhalation, smoking, eating, ingestion, or otherwise consumption of cannabis on the property, including the parking areas of the property.

v. No exhibition or product sales area or retail sales are allowed on the premises.

b. Cultivation:

i. The canopy shall not exceed ten thousand square feet; and

ii. All cannabis cultivation shall occur indoors, completely enclosed in a structure with opaque walls, and shall not be visible from any public right-of-way

c. Lighting:

i. Exterior perimeter lighting shall be in place prior to operation;

ii. Exterior lighting shall be Code compliant LED fixtures or high efficacy luminaries, and shall have an illumination intensity of between one and four foot candles;

iii. Lights shall be directed and shielded so as not to illuminate into adjoining properties;

iv. Lights shall have a housing to protect against breakage;

v. Broken or burnt out lights shall be replaced within five calendar days;

vi. Transitional lighting shall be incorporated in exterior areas going to and from buildings or uses within a site; and

vii. Trees and shrubs shall not interfere with the distribution of lighting as required by this section.

d. Signs:

i. A sign shall be posted on the door or in view of the entrance stating that no person under the age of eighteen is allowed on site; and

ii. A sign shall be posted stating that the use or consumption of cannabis or cannabis products on or near the premises is prohibited; and

iii. A sign shall be posted stating loitering on or near the premises is prohibited; and

iv. A sign shall be posted outside the facility in full public view that contains contact information of the city manager's office for both in case of an emergency situations and for public concern of operations.

v. Other requirements as prescribed in Chapter 16.509, Signs.

e. Fencing, screening and landscaping:

i. All fencing shall be eight feet tall, solid fence, masonry or board-on-board as approved by the planning manager or designee.

ii. Shrubs located next to pedestrian walkways and other vulnerable areas as determined by the planning manager or his or her designee shall not exceed three feet in height at maturity;

iii. Trees shall be pruned up to six feet above ground;

iv. Trees and shrubs shall be pruned back from windows, doors and walkways;

v. Decorative stone, brick, and other masonry material shall be grouted to prevent removal by hand;

vi. Entrances to the site and parking lots shall be defined with landscaping or entry feature;

vii. Outdoor waste and recycle bins shall be contained within a locked structure to prevent unauthorized entry; and

viii. Other requirements as prescribed in Chapter 16.508, Landscaping.

f. Noise:

i. The use of generators is prohibited, except as short-term temporary emergency back-up systems; and

ii. Other requirements as prescribed in Chapter 16.502.10 Noise.

g. Odor control: A sufficient odor-absorbing ventilation and exhaust system shall be installed to ensure that odor generated by the use is not detected outside the property, anywhere on adjacent properties or public rights-of-way, or within any other unit located within the same building as the cannabis use.:

h. Maintenance:

i. Property shall be maintained free of debris, litter and trash; and

ii. Comply with Chapter 7.54, Property Maintenance of the Vallejo Municipal Code.

i. Other performance standards: comply with all requirements prescribed in Chapter 16.502, Performance Standards.

D. Retail Sales of Cannabis. Where this code conflicts MAUCRSA design and development standards, the more restrictive standards shall apply. All applicable district requirements are met, together with the following requirements:

1. Development and Operational Standards. Retail sales of cannabis uses shall comply with development standards specified in the applicable zoning district. Such uses shall also comply with the following standards:

a. General:

i. No person under age eighteen (for medical retail sales of cannabis) or twenty-one (for recreational retail sales of cannabis) shall be allowed on the property.

ii. No transactions outside, or partially outside of an enclosed building are permitted. No transactions which are performed through walk-up or drive-through service are allowed.

iii. The property shall not include patio or cafe seating, unless used exclusively for employees in an area not accessible to the general public.

iv. No use, inhalation, smoking, eating, ingestion, or other consumption of cannabis in any form shall be allowed on the property, including the parking areas of the property.

v. No alcohol shall be consumed, made available, sold, offered for sale, given, distributed, traded, or otherwise provided to customers, employees, guests, visitors, or volunteers.

vi. No retail sales of cannabis shall occur, in any form, to anyone between the hours of 10:00 p.m. and 6:00 a.m., except delivery.

vii. The property complies with all applicable California State Building Code provisions, the city's property maintenance ordinance and is maintained free of debris, litter and trash.

viii. All transactions, including but not limited to cash or in-kind contributions, reimbursement or compensation, shall be fully documented.

ix. The owner will have a written security plan including procedures for verifying identification and age of purchasers. The plan must include a description of licensed and uniformed security guards who must be present on site during hours of operation, including their number, location and hours, as well as a theft prevention plan including locked exterior doors and windows during the times the business is closed. The licensed and uniformed security guard best practices shall comply with state law.

x. The point of sale software used to track retail sales must be acceptable to the finance director.

xi. Retail sellers of cannabis may only use one name to identify themselves in the minor use permit, the local regulatory permit, the state license and any other state or local permit that may be required.

b. Limitations on retail area in industrial zones. In the IL and IG zoning districts, no more than fifty percent of the floor area shall be devoted to retail sales.:

c. Lighting:

i. Exterior perimeter lighting shall be in place prior to operation;

ii. Exterior lighting shall be Code compliant LED fixtures or high efficiency luminaries, and shall have an illumination intensity of between one and four foot candles;

iii. Lights shall be directed and shielded so as not to illuminate adjoining properties;

iv. Lights shall include housing to protect against breakage;

v. Broken or burnt out lights shall be replaced within forty-eight hours;

vi. Transitional lighting shall be incorporated in exterior areas providing access to and from buildings or uses within a site; and

vii. Trees and shrubs shall not interfere with the distribution of lighting as required by this section.

d. Signs:

i. A sign shall be posted on the door or in view of the entrance stating that no person under the age of eighteen (for medical retail sales of cannabis) or twenty-one (for recreational Retail sales of cannabis) is allowed on site.

ii. A sign shall be posted stating that the use or consumption of cannabis or cannabis products on or near the premises is prohibited.

iii. A sign shall be posted stating loitering on or near the premises is prohibited.

iv. A sign shall be posted outside the facility in full public view containing City contact information for both emergency situations

H. Cannabis Accessory Uses. The following accessory uses may be permitted, whenever the applicable state permit has been obtained, and subject to a zoning compliance review pursuant to Chapter 16.603, Zoning Compliance Review, whenever the principal use is retail sales of cannabis.

1. Cannabis manufacturing may be permitted as an accessory use subject to the following restrictions:

a. The extraction process shall consists of separating cannabinoids from cannabis plant material solely by press or non-volatile solvent between the temperatures of sixty and two hundred degrees Fahrenheit.

b. The extraction shall take place in an area not to exceed one hundred square feet located within or attached and internally connected to the principal structure.

c. The infusion process shall consist of the direct incorporation of cannabis, cannabinoids, or cannabis concentrates into an edible, topical or other product to produce a cannabis product.

d. The cannabis manufacturing shall not exceed ten percent of the total floor area of the principal use or five hundred square feet, whichever is less.

e. The manufacturing space is only accessible to employees and shall not be visible to the general public.

2. Cannabis distribution may be permitted as an accessory use subject to the following restrictions:

a. The area utilized for cannabis distribution shall not exceed thirty percent of the total floor area of the principal use or one thousand and five hundred square feet, whichever is lesser.

b. The distribution storage area hall be fully enclosed within or attached and internally connected to the principal structure.

c. The distribution storage area shall only be accessible to employees and shall not be visible to the general public.

3. A separate application for zoning compliance review will not be required if the retail sales of cannabis applicant includes manufacturing and/or distribution as accessory use (s) consistent with this chapter, in the initial minor use permit application,

4. The premises shall be subject to fire, building and health inspection by the city and other regulatory agencies and the accessory use permitted thereon shall be contingent upon compliance with fire, building and health regulations and requirements.

5. In conformance with the criteria and standards listed in the section, accessory uses shall not adversely affect the neighborhood in which they are located. For the purposes of this subsection, "adversely affect" shall mean to impact in a substantial, negative manner the economic value, habitability, or enjoyability of properties in the immediate area.