Chapter 18.88
CANNABIS USES
Sections:
18.88.035 Commercial cannabis businesses allowed.
18.88.040 Commercial cannabis permit.
18.88.045 Commercial cannabis permit holder qualifications.
18.88.050 Commercial cannabis permit application.
18.88.051 Performance standards for all commercial cannabis businesses.
18.88.052 Commercial cannabis permit revocation and suspension.
18.88.053 Commercial cannabis permit indemnification.
18.88.055 Nonmedical cannabis cultivation.
18.88.010 Definitions.
“Cannabis” shall have the same meaning as set forth in California Health and Safety Code Section 11018 et seq. Consistent with state law, it does not include industrial hemp, as defined in California Health and Safety Code Section 11018.5.
“Commercial cannabis business” means business engaged in commercial activity involving cannabis and holding one or more state licenses. A single commercial cannabis business may hold multiple state licenses under a single city commercial cannabis permit.
“Fully enclosed and secure structure” means a space within a building that complies with the applicable building code, and has a complete roof enclosure supported by connecting walls extending from the ground to the roof, a foundation, slab or equivalent base to which the floor is secured by bolts or similar attachments, is secure against unauthorized entry, and is accessible only through one or more lockable doors. Walls and roof must be constructed of solid materials that cannot be easily broken through, and must be constructed with nontransparent material.
“Indoors” means inside a fully enclosed and secure structure or within a private residence.
“Medical cannabis” means cannabis used for medical purposes in accordance with the Compassionate Use Act, California Health and Safety Code Section 11362.5, and the Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”), California Business and Professions Code Section 26000 et seq.
“Medical cannabis cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis as defined in California Business and Professions Code Section 26000 et seq.
“Medical cannabis delivery” means the transfer of medical cannabis or medical cannabis products from a medical cannabis dispensary to a qualified patient or primary caregiver, as well as the use by a dispensary of any technology platform to arrange for or facilitate the transfer of medical cannabis or medical cannabis products.
“Medical cannabis dispensary” or “dispensary” means (1) any facility, building, structure or location, whether fixed or mobile, where a primary caregiver makes available, sells, transmits, gives or otherwise provides medical cannabis to three or more of the following: a qualified patient or a person with an identification card, or a primary caregiver, in strict accordance with California Health and Safety Code Section 11362.5 et seq.; or (2) any facility, building, structure or location where three qualified patients and/or persons with identification cards and/or primary caregivers meet or congregate in order to collectively or cooperatively distribute, sell, dispense, transmit, process, deliver, exchange or give away cannabis for medicinal purposes pursuant to California Health and Safety Code Section 11362.5 et seq., and such group is organized as a medical cannabis cooperative or collective as set forth in the Attorney General’s guidelines. The terms “primary caregiver,” “qualified patient,” and “person with an identification card” shall be as defined in California Health and Safety Code Section 11362.5 et seq.
For purposes of this chapter, a “medical cannabis dispensary” shall not include the following uses, as long as the location of such uses is otherwise regulated by applicable law and complies strictly with applicable law, including but not limited to California Health and Safety Code Section 11362.5 et seq.:
1. A clinic licensed pursuant to Chapter 1 of Division 2 of the California Health and Safety Code;
2. A health care facility licensed pursuant to Chapter 2 of Division 2 of the California Health and Safety Code;
3. A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the California Health and Safety Code;
4. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the California Health and Safety Code;
5. A residential hospice or a home health agency licensed pursuant to Chapter 8 of Division 2 of the California Health and Safety Code.
“Medical cannabis products” means medical cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.
“Nonmedical cannabis” means cannabis that is intended to be used for nonmedical purposes pursuant to California Health and Safety Code Section 11362.1 et seq. and California Business and Professions Code Section 26000 et seq.
“Outdoors” means any location within the city that is not within a fully enclosed and secure structure or a private residence.
“Person” means any individual, partnership, co-partnership, firm, association, joint stock company, corporation, limited liability corporation, collective, cooperative, or combination thereof in whatever form or character.
“Private residence” means a house, an apartment unit, a mobile home or other similar dwelling.
“Solid fence” means a fence constructed of substantial material, such as wood or metal, that prevents viewing the contents from one side to the other side of the fence. [Ord. 21-1492 § 10, 2021; Ord. 18-1448 § 3 (Exh. A), 2018; Ord. 16-1415 § 3, 2016; Ord. 16-1414 § 4, 2016; Ord. 16-1403 § 3, 2016.]
18.88.020 Reserved.
[Ord. 21-1492 § 10, 2021; Ord. 18-1448 § 3 (Exh. A), 2018; Ord. 16-1414 § 4, 2016.]
18.88.030 Reserved.
[Ord. 21-1492 § 10, 2021; Ord. 18-1448 § 3 (Exh. A), 2018; Ord. 16-1414 § 4, 2016.]
18.88.035 Commercial cannabis businesses allowed.
Commercial cannabis businesses are subject to the permit requirements outlined in the base district applicable to the site, and subject to additional permitting requirements as outlined in PMC 5.70.150. [Ord. 21-1492 § 10, 2021; Ord. 18-1448 § 3 (Exh. A), 2018; Ord. 16-1415 § 4, 2016.]
18.88.040 Commercial cannabis permit.
A. It shall be unlawful for any person to operate a commercial cannabis business without a commercial cannabis permit, issued by the city, under the conditions set forth in this chapter and any other applicable provisions of the Pittsburg Municipal Code.
B. Each commercial cannabis permit shall be subject to approval by the city council.
1. To approve a commercial cannabis permit, the city council must make findings consistent with those set forth under PMC 18.16.040.
2. The city council may deny an application for a commercial cannabis permit, if it determines any of the following:
a. The applicant made one or more false or misleading statements or omissions on the registration application or during the application process;
b. The applicant fails to meet the requirements of this chapter or any regulation adopted pursuant to this chapter;
c. It is not in the best interest of the city, based upon the applicant’s application or operating agreement, to issue a permit to the business;
d. Potential threats to public health and safety cannot be sufficiently mitigated;
e. Significant public opposition necessitates denial to preserve the health, safety, and general welfare of the city; or
f. The proposed location would create a visual impact which would, in the sole discretion of the city council, negatively impact the character and image of the city as a place of beauty, spaciousness, balance, taste, fitness, broad vistas, and high quality.
C. Each commercial cannabis permit shall expire five years from its date of issuance. Renewal of the permit shall be subject to city council approval, which must be obtained at a duly noticed, open and public meeting. Any permit holder is subject to an administrative fee to compensate the city for its reasonable and actual costs to evaluate the renewals of permit and/or operating agreement, as well as annual evaluations of operating agreement compliance.
D. The commercial cannabis permit is not transferable, unless approved in writing by the city manager. Any attempt to assign or transfer the permit without prior written consent from the city manager shall render the permit null and void.
E. No commercial cannabis business shall be located within 600 feet of an existing, legally established school (as defined by PMC 18.08.060(V)), general day care (as defined by PMC 18.08.060(F)), club or lodge (as defined by PMC 18.08.060(B)) used exclusively as a youth center, city-owned park space which is open to the public, religious assembly (as defined by PMC 18.08.060(T)) or library, as measured from the main entrance of the cannabis business to the nearest access point of the other use, following the shortest publicly accessible path of travel, including but not limited to streets, alleys, sidewalks, pathways, or trails. However, in no event shall a cannabis retail business, including microbusinesses, be located less than 1,000 feet from any legally established school, as measured by the shortest direct line distance as measured from the main entrance of the cannabis business to the nearest parcel boundary of the other use.
F. The commercial cannabis business shall file an application for a commercial cannabis permit with the city manager on forms provided by the city, and shall pay an application fee and processing fee, which shall cover the actual costs associated with the city’s processing of the application. [Ord. 21-1492 § 10, 2021; Ord. 18-1448 § 3 (Exh. A), 2018; Ord. 16-1414 § 4, 2016.]
18.88.045 Commercial cannabis permit holder qualifications.
All commercial cannabis permit holders must meet the following minimum qualifications. The city reserves the right to require additional qualifications through the commercial cannabis permit application procedure.
A. Commercial cannabis permit holders shall apply in a timely manner for such other permits and approvals from other governmental agencies as may be required by state law. Prior to commencing operation of the business, commercial cannabis permit holders shall secure all required governmental permits and supply copies to the city for review.
B. At all times, commercial cannabis permit holder is required to maintain an active business license and commercial cannabis permit(s) with city, as well as all licenses required by the state of California.
C. Commercial cannabis permit holders, business operators, and employees must be 21 years of age or older.
D. Commercial cannabis permit holders, their business operators and employees shall be subject to background search by the California Department of Justice and local law enforcement. At city’s discretion, city may conduct a background search of any commercial cannabis permit holder, their business operators, and employees.
E. Commercial cannabis business owners, operators, managers, and employees must not have any felony conviction within the past seven years, as specified in California Penal Code Sections 667.5(c) and 1192.7(c), or any criminal conviction that substantially relates to the qualifications, functions, or duties of the business or profession, including a felony conviction involving fraud, deceit, or embezzlement or a criminal conviction for the sale or provision of illegal controlled substances to a minor except that the seven-year limit shall not apply to the same convictions set forth in California Business and Professions Code Section 480(a)(1)(A). [Ord. 21-1492 § 10, 2021; Ord. 18-1448 § 3 (Exh. A), 2018; Ord. 16-1415 § 4, 2016.]
18.88.050 Commercial cannabis permit application.
An application for a commercial cannabis permit shall include, but not be limited to, the following information:
A. The legal name, and any other names, under which the commercial cannabis business will operate.
B. The address of the location and the on-site telephone number, if known, of the commercial cannabis business.
C. The following information for each owner and manager of the commercial cannabis business:
1. Complete legal name and any alias(es), address, and telephone number.
2. Date and place of birth.
3. Social security numbers.
4. Copy of a valid government-issued photo identification card, license, or passport.
5. Names of businesses owned or operated by the owner(s) or manager(s) within the last 10 years.
6. Investor and/or partner information.
D. Assessor’s parcel number of the parcel upon which the commercial cannabis business will be located.
E. Notarized written authorization from the property owner and/or landlord to operate a commercial cannabis business on the site.
F. Water Supply Acknowledgment. When deemed necessary by the city engineer, the applicant shall demonstrate to the satisfaction of the city engineer that sufficient water supply exists for the use.
G. Wastewater Acknowledgment. When deemed necessary by the city engineer, the applicant shall demonstrate to the satisfaction of the city engineer that sufficient wastewater capacity exists for the proposed use.
H. To the extent that the applicant intends to use any hazardous materials in its operations, the applicant shall provide a hazardous materials management plan that complies with all federal, state, and local requirements for management of such substances. “Hazardous materials” includes any hazardous substance regulated by any federal, state, or local laws or regulations intended to protect human health or the environment from exposure to such substances.
I. Property owner(s) and applicant(s) shall sign the application and shall include affidavit(s) agreeing to abide by and conform to the conditions of the permit and all provisions of the Pittsburg Municipal Code pertaining to the establishment and operation of the commercial cannabis business, including, but not limited to, the provisions of this chapter. The affidavit(s) shall acknowledge that the approval of the permit shall, in no way, allow any activity contrary to the Pittsburg Municipal Code, or any activity which is in violation of applicable laws.
J. Statement in writing by the applicant that they will, to the fullest extent allowed by law, give preference to residents of the city for employee hiring.
K. Signed indemnity provision.
L. A business operating plan as set forth in PMC 5.70.164;
M. A security plan as set forth in PMC 5.70.165;
N. Any other information the city deems necessary.
Pursuant to applicable law, private information will be exempt from disclosure to the public, in order to protect an applicant’s privacy interest and safety. [Ord. 21-1492 § 10, 2021; Ord. 18-1448 § 3 (Exh. A), 2018; Ord. 16-1414 § 4, 2016; Ord. 16-1403 § 3, 2016. Formerly 18.88.020.]
18.88.051 Performance standards for all commercial cannabis businesses.
A. Licensee shall at all times comply with state law including but not limited to the manufactured cannabis safety regulations at Title 17 California Code of Regulations Sections 40100 et seq. Licensee shall adhere to manufacturing practices as set forth in Title 21 of the Code of Federal Regulations, Parts 210, 211, 225, and 226.
B. All inventory of cannabis raw materials and finished products shall be kept in secured storage areas or as otherwise approved by the chief of police as specified within an approved security plan, to which only authorized personnel shall have access. Use and movement of all cannabis products shall be logged from acceptance of shipment to delivery at retail location for inventory accuracy and management. Records shall be made available to the police department or any other agency with regulatory authority within 72 hours of written request therefor.
C. Licensee shall require all prospective employees to submit to a live scan at a designated service provider and a background check by the California Department of Justice (DOJ) and local law enforcement. The cost of the background check shall be borne by the licensee or the prospective employee. Licensee shall not employ any person in violation of PMC 18.88.045.
D. All raw or concentrated cannabis shall be securely stored in areas approved as specified in the operating agreement or as otherwise approved by the chief of police.
E. By-products of any cannabis business operation, including but not limited to those by-products resulting from testing, cultivation, trimming, or manufacturing processes shall be disposed of pursuant to local and state laws.
F. The city manager may require measures to be taken to eliminate odors, in the event odors resulting from cannabis are shown to have continually occurred. These measures may include, but are not limited to, installation of industrial grade HEPA filtration and/or activated carbon filtration systems. Any required measures shall be taken at the sole cost of the licensee.
G. Required Changes. City shall have the discretion to require changes to any of the terms within this section, upon reasonable notice to licensee.
H. Licensee shall, to the fullest extent allowed by law, give preference to residents of the city of Pittsburg for employee hiring.
I. All signage shall be approved and placed in accordance with PMC Title 19. The police department and planning division shall reserve sole discretion in determining approved language and imagery at the project site.
J. All cannabis businesses open to the public shall prominently display signage near the public entrance designed to alert consumers to the possible health impact of cannabis use and smoke.
K. City may require additional provisions in the operating agreement. [Ord. 21-1492 § 10, 2021.]
18.88.052 Commercial cannabis permit revocation and suspension.
A commercial cannabis permit issued under this chapter may be immediately suspended and/or revoked for any of the following reasons:
A. An operator/permit holder ceases to meet any of the minimum qualifications listed in this chapter.
B. An operator/permit holder fails to comply with the requirements of this chapter or any conditions of approval of the permit.
C. An operator/permit holder’s state license for commercial cannabis operations is revoked, terminated, or not renewed.
D. An operator/permit holder’s commercial cannabis permit is suspended or revoked.
E. The commercial cannabis business fails to become operational within six months of obtaining its commercial cannabis permit.
F. Once operational, the business ceases to be in regular and continuous operation for 90 consecutive days.
G. State law allowing the use for which the permit was issued is amended or repealed resulting in the prohibition of such use, or the city receives credible information that the federal government will commence enforcement measures against such businesses and/or local governments that allow them.
H. Circumstances under which the permit was granted have significantly changed and the public health, safety, and welfare require the suspension, revocation, or modification.
I. The permit was granted, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the permit application.
J. An operator/permit holder is not current on city taxes or fees.
K. An operator/permit holder initiates changes to its operating plan or operating agreement without first obtaining city approval.
L. An operator/permit holder fails to adhere to the security plan, as may be modified by the chief of police.
M. An operator/permit holder’s state license for commercial cannabis operations is suspended. The city shall not reinstate the permit until documentation is received showing that the state license has been reinstated or reissued. It shall be at the city’s discretion whether the city reinstates any permit.
The city manager shall have the authority to suspend a permit, and the city council shall have the authority to revoke a permit. A suspension and/or revocation of a permit automatically suspends and/or revokes the permit holder’s commercial cannabis business operating agreement. [Ord. 21-1492 § 10, 2021.]
18.88.053 Commercial cannabis permit indemnification.
To the fullest extent permitted by law, commercial cannabis permit holders shall indemnify, defend with counsel acceptable to city, and hold harmless, city and its officers, officials, employees, agents and volunteers (collectively, “indemnitees”) from and against any and all liability, loss, damage, claims, expenses, and costs, including without limitation attorney’s fees, costs and fees of litigation (collectively, “liability”) of every nature arising out of, pertaining to, or relating to the city’s suspension and/or revocation of a permit, except such liability caused by the sole gross negligence or willful misconduct of city. [Ord. 21-1492 § 10, 2021.]
18.88.055 Nonmedical cannabis cultivation.
The following regulations shall apply to the cultivation of nonmedical cannabis within the city:
A. Cultivation Not in Compliance with This Chapter. It is declared to be unlawful and a public nuisance for any person owning, leasing, occupying or having charge or possession of any parcel or premises within any zoning district in the city to cultivate nonmedical cannabis, except as provided for in this code. No person other than an individual 21 years of age or older may engage in the cultivation of nonmedical cannabis.
B. Indoor Cultivation in Private Residence. The indoor cultivation of nonmedical cannabis on a parcel or premises with an approved private residence shall only be conducted within a fully enclosed and secure structure or within a residential structure. Such cultivation shall be in conformance with the following minimum standards:
1. The primary use of the property shall be for a residence. Nonmedical cannabis cultivation is prohibited as a home occupation.
2. All areas used for cultivation of nonmedical cannabis shall comply with PMC Title 15 (Buildings and Construction), as well as applicable law.
3. Indoor grow lights shall not exceed 1,000 watts per light, and shall comply with the California Building, Electrical and Fire Codes as adopted by the city.
4. The use of gas products (CO2, butane, propane, natural gas, etc.) or generators for cultivation of nonmedical cannabis is prohibited.
5. Any fully enclosed and secure structure or residential structure used for the cultivation of nonmedical cannabis must have a ventilation and filtration system installed that shall prevent cannabis plant odors from exiting the interior of the structure and that shall comply with PMC Title 15 (Buildings and Construction).
6. A fully enclosed and secure structure used for the cultivation of nonmedical cannabis shall be located in the rear yard area of the parcel or premises, and must maintain a minimum 10-foot setback from any property line. The yard where the fully enclosed and secure structure is maintained must be enclosed by a solid fence at least six feet in height. This provision shall not apply to cultivation occurring in a garage.
7. Adequate mechanical locking or electronic security systems must be installed as part of the fully enclosed and secure structure or the residential structure prior to the commencement of cultivation.
8. Nonmedical cannabis cultivation shall be limited to six cannabis plants per private residence, regardless of whether the cannabis is cultivated inside the residence or in a fully enclosed and secure structure. The limit of six plants per private residence shall apply regardless of how many individuals reside at the private residence.
9. The residential structure shall remain at all times a residence, with legal and functioning cooking, sleeping and sanitation facilities with proper ingress and egress. These rooms shall not be used for nonmedical cannabis cultivation where such cultivation will prevent their primary use for cooking of meals, sleeping and bathing.
10. Cultivation of nonmedical cannabis shall only take place on impervious surfaces.
11. From a public right-of-way, there shall be no exterior evidence of nonmedical cannabis cultivation occurring on the parcel.
12. Nonmedical cannabis cultivation area, whether in a fully enclosed and secure structure or inside a residential structure, shall not be accessible to persons under 21 years of age.
13. Written consent of the property owner to cultivate nonmedical cannabis within the residential structure shall be obtained and shall be kept on the premises, and available for inspection by the chief of police or his/her designee.
14. A portable fire extinguisher, that complies with the regulations and standards adopted by the State Fire Marshal and applicable law, shall be kept in the fully enclosed and secure structure used for cultivation of nonmedical cannabis. If cultivation occurs in a residential structure, the portable fire extinguisher shall be kept in the same room as where the cultivation occurs. [Ord. 21-1492 § 10, 2021; Ord. 18-1448 § 3 (Exh. A), 2018; Ord. 16-1415 § 4, 2016.]
18.88.060 Violations.
A. Violation of this chapter is hereby declared a public nuisance.
B. Nothing in this chapter in any way limits any remedy that may be available to the city, or any penalty that may be imposed by the city, for violations of this chapter. Such remedies include, but are not limited to, injunctive relief and administrative citations. [Ord. 21-1492 § 10, 2021; Ord. 18-1448 § 3 (Exh. A), 2018; Ord. 16-1414 § 4, 2016; Ord. 16-1403 § 3, 2016. Formerly 18.88.030.]