HomeMy WebLinkAboutOrd. 1551-2018 (18-99)City of South San Francisco P.O. Box 711 (City Hall,
400 Grand Avenue)
South San Francisco, CA
City Council
Ordinance: ORD 1551 -2018
File Number: 18 -99 Enactment Number: ORD 1551 -2018
ORDINANCE AMENDING CHAPTER 20.410 OF THE SOUTH SAN
FRANCISCO MUNICIPAL CODE TO PROHIBIT CANNABIS
MICROBUSINESSES AND TO PERMIT COMMERCIAL CANNABIS
MANUFACTURING, TESTING, DISTRIBUTION, AND DELIVERY
USES.
WHEREAS, on October 9, 2015, Governor Brown approved the Medical Marijuana and Regulation and
Safety Act ( "MMRSA "), effective January 1, 2016, which established a comprehensive state licensing
and regulatory framework for the cultivation, manufacturing, testing, distribution, transportation,
dispensing, and delivery of medical cannabis and which recognized the authority of local jurisdictions to
prohibit or impose additional restrictions on any such medical cannabis activities; and
WHEREAS, on June 27, 2016, Governor Brown approved Senate Bill 837. which amended the MMRSA
and renamed it the Medical Cannabis Regulation and Safety Act ( "MCRSA "); and
WHEREAS, on November 8, 2016, the voters of the State of California ( "State ") enacted Proposition 64,
the Control, Regulate and Tax Adult Use of Marijuana Act ( "AUMA "); and
WHEREAS, on April 4, 2017, Governor Brown released a budget trailer bill that aimed to reconcile the
existing medical marijuana statutory framework under MCRSA and the recreational statutory framework
adopted under the AUMA. After some revision, the State Senate and Assembly passed a modified
version of the original proposal in the form of AB 110 /SB 94, known as the Medical and Adult -Use
Cannabis Regulation and Safety Act ( "MAUCRSA "), and on June 27, 2017 and the Governor signed it
into law; and
WHEREAS, MAUCRSA uses the term "cannabis" instead of "marijuana "; and
WHEREAS, subject to certain exceptions, MAUCRSA generally establishes a comprehensive system to
legalize, control, and regulate the cultivation, processing, manufacture, distribution, testing, and sale of
cannabis, including cannabis products, and to tax the commercial growth and retail sale of cannabis; and
WHEREAS, MAUCRSA permits a city to enact and enforce "reasonable regulations" to regulate the
possession, planting, cultivation, harvesting, drying, or processing of cannabis plants, including the
complete
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File Number: 18 -99 Enactment Number: ORD 1551 -2018
prohibition of such activities outdoors; and
WHEREAS, the MAUCRSA creates a licensing system whereby the State will issue licenses to
businesses authorizing them to cultivate, distribute, transport, store, manufacture, process, and sell
cannabis and cannabis products, with such licenses to be issued by January 1, 2018; and
WHEREAS, the MAUCRSA mandates that State licensing authorities shall not approve an application
for a State license if approval of the State license will violate the provisions of any local ordinance or
regulation adopted in accordance with the requirements of MAUCRSA; and
WHEREAS, the MAUCRSA states that nothing in it shall be interpreted to supersede or limit the
authority of a local jurisdiction to adopt and enforce local ordinances to regulate businesses licensed
under the MAUCRSA, including completely prohibiting the establishment or operation of one or more
types of businesses licensed under MAUCRSA in the local jurisdiction; and
WHEREAS, on November 16, 2017, California's three State cannabis licensing authorities - the
Department of Food and Agriculture's CalCannabis Cultivation licensing program, the Department of
Consumer Affairs' Bureau of Cannabis Control, and the Department of Public Health's Manufactured
Cannabis Safety Branch - released draft emergency regulations that will allow the State to begin issuing
temporary licenses for growers, distributers, and sellers on January 1, 2018, when recreational sales
become legal; and
WHEREAS, on December 13, 2017, the City Council adopted Ordinance 17 -1085 amending Chapter
20.410 of the South San Francisco Municipal Code to prohibit the retail sale and outdoor cultivation of
cannabis; and
WHEREAS, the City desires to prohibit cannabis microbusinesses within the boundaries of the city; and
WHEREAS, the City desires to permit commercial cannabis manufacturing, testing, distribution, and
delivery uses within the boundaries of the city, create a local application process for the issuance of
Operator Permits for those uses, and prohibit microbusinesses; and
WHEREAS, to permit and prohibit the above - described uses, the City prepared a Zoning Amendment
( "Amendment ") to the City's zoning ordinance contained in Chapter 20 of the City's Municipal Code
( "Zoning Ordinance "), which would amend Chapter 20.410 of the Zoning Ordinance; and
WHEREAS, the Zoning Ordinance was adopted after preparation, circulation, consideration, and
adoption of an Initial Study /Mitigated Negative Declaration ( "IS /MND ") in accordance with the
California Environmental Quality Act, Public Resources Code Sections 21000, et seq. ( "CEQA "), in
which the
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File Number: 18 -99
Enactment Number: ORD 1551 -2018
IS /MND analyzed the environmental impacts of adopting the Zoning Ordinance and concluded that
adoption of the Zoning Ordinance could not have a significant effect on the environment because none
of the impacts required to be analyzed under CEQA would exceed established thresholds of significance;
and
WHEREAS, the refinements, clarifications, and/or corrections set forth in this Amendment, as they
relate to prohibiting cannabis microbusiness and permitting commercial cannabis manufacturing, testing,
distribution, and delivery uses are minor in nature, the adoption of which would not result in any new
significant environmental effects or a substantial increase in the severity of any previously identified
effects beyond those disclosed and analyzed in the IS /MND prepared for the Zoning Ordinance
Amendment, nor do the refinements, clarifications, and/or corrections constitute a change in the project
or change in circumstances that would require additional environmental review; and
WHEREAS, pursuant to Business and Professions Code § 26055(h), adoption of an ordinance, rule or
regulation by a local jurisdiction that requires discretionary review and approval of permits, licenses or
other authorizations to engage in commercial cannabis activity is not subject to CEQA provided that the
ordinance is adopted prior to July 1, 2019 and any specific discretionary review or approval authorized
by said ordinance includes any applicable environmental review. As the Amendment requires each
applicant for an Operator Permit to obtain a conditional use permit which requires applicable
environmental analysis and environmental review, adoption of this ordinance is not subject to CEQA;
and
WHEREAS, on December 21, 2017 the Planning Commission for the City of South San Francisco held a
lawfully noticed public hearing to solicit public comment and consider the proposed Amendment, take
public testimony, and make a recommendation to the City Council on the Amendment.
NOW, THEREFORE, BE IT ORDAINED that based on the entirety of the record before it, as described
below, the City Council of the City of South San Francisco does hereby ORDAIN as follows:
SECTION 1. Findings
Based on the entirety of the record as described below, the City Council for the City of South San
Francisco hereby makes the following findings:
A. General Findings
1. The foregoing recitals are true and correct and made a part of this Ordinance.
2. The record for these proceedings, and upon which this Ordinance is based, includes without
limitation, federal and State law; the Medical and Adult -Use Cannabis Regulation and Safety Act
( "MAUCRSA "); the California Environmental Quality Act (Public Resources Code §§ 21000 et seq.
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File Number. 18 -99 Enactment Number: ORD 1551 -2018
( "CEQA ")) and the CEQA Guidelines (14 California Code of Regulations §§ 15000 et seq.); the South
San Francisco General Plan and General Plan Environmental Impact Report, including all amendments
and updates thereto; the South San Francisco Municipal Code; the Initial Study and Negative
Declaration prepared for the Zoning Ordinance Update, including all written comments received; all
reports, minutes, and public testimony submitted as part of the Planning Commission's duly noticed
meetings on December 21, 2017; all reports, minutes, and public testimony submitted as part of the City
Council's duly noticed meeting on January 24, 2018; and any other evidence (within the meaning of
Public Resources Code section 21080, subdivision (e) and section 21082.2).
3. The refinements, clarifications, and/or corrections to the Zoning Ordinance as they relate to the
prohibition of cannabis microbusinesses and permitting of commercial cannabis manufacturing, testing,
distribution, and delivery uses are minor in nature. Therefore, the adoption of the ordinance would not
result in any new significant environmental effects or a substantial increase in the severity of any
previously identified effects beyond those disclosed and analyzed in the IS/ND prepared and circulated
for the Zoning Ordinance (2010), nor do the refinements, clarifications, and/or corrections constitute a
change in the project or change in circumstances that would require additional environmental review.
4. Pursuant to Business and Professions Code § 26055(h), adoption of an ordinance, rule or
regulation by a local jurisdiction that requires discretionary review and approval of permits, licenses or
other authorizations to engage in commercial cannabis activity is not subject to CEQA provided that the
ordinance is adopted prior to July 1, 2019 and any specific discretionary review or approval authorized
by said ordinance includes any applicable environmental review. As the Amendment requires each
applicant for an Operator Permit to obtain a conditional use permit which requires applicable
environmental analysis and environmental review, adoption of this ordinance is not subject to CEQA.
5. The documents and other material constituting the record for these proceedings are located at the
Planning Division for the City of South San Francisco, 315 Maple Avenue, South San Francisco, CA
94080, and in the custody of Chief Planner, Sailesh Mehra.
B. Zoning Amendment Finding
1. The proposed Zoning Amendment is consistent with the adopted General Plan because the
Zoning Amendment will reinforce the General Plan policies, and is consistent with the relevant specific
plans. The proposed amendments would clarify and strengthen the City's current prohibition on cannabis
related activities which have been determined to have adverse impacts to the community and would
permit commercial cannabis activities that are consistent with the City's economic and land use patterns.
Adopting of this ordinance would be consistent with the intent of the City's existing regulations that
would serve to protect the public health, safety and welfare of the citizens of South San Francisco. The
prohibition on cannabis microbusinesses and the permitting of commercial cannabis manufacturing,
testing, distribution, and
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Enactment Number: ORD 1551 -2018
delivery uses will not conflict with or impede achievement of any of the goals, policies, or land use
designations established in the General Plan.
2. The proposed Zoning Amendment prohibiting cannabis microbusinesses are consistent with the
City's current prohibitions on certain cannabis related activities, and would serve to clarify and
strengthen these existing provisions. In addition, the proposed Zoning Amendment permitting
commercial cannabis manufacturing, testing, distribution, and delivery uses are consistent with the
existing manufacturing, testing, warehousing and distribution uses currently operating in the City. The
proposed Zoning Amendment includes detailed regulations of cannabis related activities, which are
necessary to protect the public health, safety and welfare of the citizens of South San Francisco. The
proposed Amendments ensure that subject properties for commercial cannabis manufacturing, testing,
distribution, and delivery uses are suitable for the uses permitted in the relevant zones in terms of access,
size of parcel, relationship to similar or related uses, and other considerations deemed relevant by the
Planning Commission and City Council because the proposed Amendments will impose specific
distance, safety, and operational requirements that ensure that these new uses will be compatible with
existing and future uses in the City.
3. The proposed Amendments related to the prohibition of cannabis microbusinesses would not be
detrimental to the use of land in any adjacent zone because the Amendments prohibit the establishment
of uses that the Planning Commission and City Council deem incompatible with existing and future uses
in the City. Further, the prohibition on cannabis microbusinesses would prevent potentially detrimental
health, safety and quality of life issues that can be associated with such uses. In addition, the proposed
Amendments permitting commercial cannabis manufacturing, testing, distribution, and delivery uses will
not be detrimental to the use of land in adjacent zone because the Amendments impose specific distance,
safety and operational requirements that ensure that these uses will not have detrimental impacts on
adjacent land uses.
SECTION 2. Amendments
The City Council hereby makes the findings contained in this Ordinance and amends the sections as set
forth in Exhibit A, attached hereto. Sections and subsections that are not amended by this Ordinance in
Exhibit A shall remain in full force and effect.
SECTION 3. Severability
If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid
or unconstitutional, the remainder of this Ordinance, including the application of such part or provision
to other persons or circumstances, shall not be affected thereby and shall continue in full force and
effect. To this end, provisions of this Ordinance are severable. The City Council of the City of South San
Francisco hereby declares that it would have passed each section, subsection, subdivision, paragraph,
sentence,
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Enactment Number: ORD 1551 -2018
clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions,
paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
SECTION 4. Publication and Effective Date
Pursuant to the provisions of Government Code section 36933, a summary of this Ordinance shall be
prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance
is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk's
Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance,
the City Clerk shall (1) publish the summary, and (2) post in the City Clerk's Office a certified copy of
the full text of this Ordinance along with the names of those City Council members voting for and
against this Ordinance or otherwise voting. This Ordinance shall become effective thirty (30) days from
and after its adoption.
Introduced at a regular meeting of the City Council of the City of South San Francisco held the 24th
day of January, 2018.
At a meeting of the City Council on 2/14/2018, a motion was made by Richard Garbarino, seconded by Mark
Addiego, that this Ordinance be adopted. The motion passed.
Yes: 3 Mayor Normandy, Councilmember Garbarino, and Councilmember Addiego
No: 1 Mayor Pro Tern Matsumoto
Absent: 1
Attest
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If
City of South San Francisco Page 6
1. Revise Section 20.410.001 as follows:
SECTION 20.410.001 Purpose and Intent
It is the purpose and intent of this Chapter to permit and regulate commercial cannabis
manufacturing, testing, distribution, and delivery uses and to preclude the outdoor cultivation of
cannabis, preclude the indoor and mixed-light commercial cultivation of cannabis, and to
preclude the opening, establishment, and/or operation of microbusinesses and storefront cannabis
retail establishments, including medical cannabis cooperatives and collectives, in the City.
Nothing in this Chapter is intended to authorize the cultivation, possession, or use of cannabis in
violation of state or federal law. This Chapter acknowledges that the cultivation of cannabis is
illegal under federal law while granting limited immunity from local prosecution to those
medical and nonmedical cannabis activities that do not violate the restrictions and limitations set
forth in this section or California law.
2. Revise Section 20.410.002 as follows:
SECTION 20.410.002 Definitions
The words and phrases included in this Section shall have the following meanings, unless it is
clearly apparent from the context that another meaning is intended:
“Cannabis retail establishment” or “storefront cannabis retail establishment” means a dispensary,
operator, individual, establishment, provider, association or similar entity that operates out of a
fixed location that it is open to the public and offers, dispenses, sells, exchanges, makes
available, either individually or in any combination, cannabis or cannabis products to customers,
patients, or primary caregivers pursuant to State law. For the purposes of this Chapter, cannabis
retail establishment and storefront cannabis retail establishment do not include delivery-only
operations as defined by this Chapter.
“Cannabis operator permit” or “operator permit,” means a permit issued by the City pursuant to
this Chapter for the operation of a commercial cannabis business allowed by this Chapter within
the City.
“Closed-loop system” means a method of extracting cannabinoids and tetrahydrocannabinol
(“THC”) from cannabis plant material in a sealed environment. The method involves the use of
specific equipment, including tanks with attached tubes, recovery tanks, refrigerant scales and
pumps, and recovery pumps in order to create more efficient extraction and confine flammable
solvents to a closed environment and decrease the risk of explosion.
“Commercial cannabis uses” means any commercial cannabis activity licensed pursuant to the
Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”), including but
not limited to, cultivation, possession, distribution, laboratory testing, labeling, retail, delivery,
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sale or manufacturing of cannabis or cannabis products. Commercial cannabis uses also means
any cannabis activity licensed pursuant to additional State laws regulating such businesses.
Commercial cannabis uses shall not include cannabis activities carried out exclusively for one’s
personal use that does not involve commercial activity or sales.
“Delivery-only” means a commercial cannabis use that involves the transfer of cannabis or
cannabis products from a fixed location that is not open to the public to a customer at a fixed
address specified by the customer pursuant to the applicable state cannabis license.
“Delivery vehicle” means a manned vehicle meeting all requirements in State laws and
regulations used in the commercial transfer of cannabis or cannabis products from a fixed
location to a fixed address specified by a customer.
“Distribution” means the procurement, sale, and transport of cannabis and cannabis products
between state cannabis licensees.
“Indoor commercial cultivation” means cultivation within a fully enclosed structure, including
greenhouses and similar structures used for mixed light cultivation licensed pursuant to State
law, for commercial cannabis uses. For the purposes of this Chapter, indoor commercial
cultivation does not include cultivation that is legally conducted pursuant to federally-regulated
scientific research.
“Manufacturing” means producing, preparing, propagating, blending, or compounding cannabis
or cannabis products either directly or indirectly or by extraction methods, infusion methods, or
independently by means of chemical synthesis, or by a combination of extraction and chemical
synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels
or re-labels its container, or otherwise making or preparing cannabis products.
“Microbusiness” means a commercial cannabis establishment engaged in the cultivation of
cannabis on an area less than 10,000 square feet and possesses multiple permits to act as a
licensed distributor, manufacturer that uses nonvolatile solvents or no solvents, and/or retailer
under Division 10 of the California Business and Professions Code.
“Nonvolatile solvents” means a solvent that is not or does not produce a flammable gas or vapor
that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures.
“Operator” means a natural person or entity responsible for the direction, control, management,
operation of any State-licensed and locally-permitted commercial cannabis use.
“Owner” means each person or entity having an ownership interest in or a financial interest in, a
commercial cannabis business.
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“Pre-clearance” or “pre-cleared” means the process by which an applicant for a cannabis
operator permit is authorized to seek a conditional use from the Planning Commission. If staff
determines that an applicant meets the minimum qualifications and the operator permit
application complies with all of the requirements outlined in this Chapter, said operator permit
application will be granted pre-clearance and the applicant will be authorized to seek a
conditional use permit from the Planning Commission. Valid operator permits will only be
issued after an applicant successfully obtains a conditional use permit from the Planning
Commission.
“Testing” means performing scientific analysis of cannabis or cannabis products to determine its
chemical profile, the presence of contaminants, or other similar scientific or compositional
information as a commercial enterprise.
“Volatile solvent” means volatile organic compounds, including but not limited to: (1) explosive
gases, such as Butane, Propane, Xylene, Styrene, Gasoline, Kerosene, 02 or H2; and (2)
dangerous poisons, toxins, or carcinogens, such as Methanol, Methylene Chloride, Acetone,
Benzene, Toluene, and Tri-chloro-ethylene as determined by the Fire Marshal.
4. Revise Section 20.410.003 as follows:
SECTION 20.410.003 Cannabis Retail Establishments and Microbusinesses
Prohibited
A. Storefront Prohibited. A storefront cannabis retail establishment is not a permitted
use and is prohibited in all zones throughout the City. No permit or any other applicable license
or entitlement for use, nor any business license, shall be approved or issued for the
establishment, maintenance or operation of a storefront cannabis retail establishment within the
City. This prohibition shall not apply to a delivery-only retail cannabis operation operating
under an issued state cannabis license for retailers.
B. Microbusiness Prohibited. A microbusiness is not a permitted use and is
prohibited in all zones throughout the City. No permit or any other applicable license or
entitlement for use, nor any business license, shall be approved or issued for the establishment,
maintenance or operation of a cannabis microbusiness within the City.
C. Public Nuisance. The establishment, maintenance or operation of a storefront
cannabis retail establishment or a microbusiness within the City is declared to be a public
nuisance and may be abated by the City either pursuant to the South San Francisco Municipal
Code or any other available legal remedies, including, but not limited to, declaratory relief and
civil injunctions.
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5. Repeal Section 20.410.005 as follows, in its entirety, and replace with the following
language:
SECTION 20.410.005 Commercial Cannabis Manufacturing
Commercial Cannabis Manufacturing is permitted in the City subject to the following
requirements:
A. Zones Where Permitted. Commercial cannabis manufacturing activity shall not be
permitted anywhere in the City except east of Highway 101 in the following zoning
districts: Business Professional (BPO) and Mixed Industrial (MI).
B. Conditional Use Permit Required. Commercial cannabis manufacturing activity is only
permitted in the zoning districts specified above with a conditional use permit approved
by the Planning Commission.
C. Distance Requirements. Commercial cannabis manufacturing sites must be located in the
zoning districts listed in section (A). Commercial cannabis manufacturing must also be
located a minimum of 600 feet from residential uses, schools, day care centers and youth
centers. The terms “school”, “day care center” and “youth center” shall have the same
meaning as in State laws related to cannabis.
D. Operational Requirements.
1. Operator Permits. All cannabis manufacturing operations must obtain and
maintain a valid operator permit issued by the City pursuant to Section
20.410.009 prior to commencing any commercial cannabis activity for which a
state cannabis license is required.
2. Compliance with Law. All cannabis manufacturing activities must be conducted
in accordance with all applicable State laws and regulations, as may be amended
from time to time, and all applicable local laws and regulations.
3. Visibility. All cannabis, cannabis products, and any aspect of the manufacturing
of cannabis that indicates the type of product(s) being manufactured inside shall
not be visible from the public right-of-way, exterior of the structure, and/or
vehicle(s) where those commercial cannabis activities take place.
4. Odor Control. Operators must install and maintain, in good working-order, air
treatment or other ventilation systems to prevent odors generated from the
manufacture of cannabis and cannabis products from being detected within ten
(10) feet of the structure in which commercial cannabis activity occurs.
5. Volatile Solvent Extraction. If a manufacturing process utilizes volatile solvents,
then it is only permitted if it is conducted exclusively within a closed-loop system
that meets all of the following requirements:
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a) The system uses only solvents that are recognized as safe pursuant to the
federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.).
b) The system is designed to recapture and contain solvents during the
manufacturing process, and otherwise prevent the off-gassing of solvents
into the ambient atmosphere to mitigate the risks of ignition and explosion
during the manufacturing process.
c) A licensed engineer certifies that the system was commercially
manufactured, safe for its intended use, and built to codes of recognized
and accepted good engineering practices, including, but not limited to, the
American Society of Mechanical Engineers (ASME), the American
National Standards Institute (ANSI), Underwriters Laboratories (UL), the
American Society for Testing and Materials (ASTM), or OSHA
Nationally Recognized Testing Laboratories (NRTLs).
d) The system has a certification document that contains the signature and
stamp of a professional engineer and the serial number of the extraction
unit being certified and such document is provided to the City.
6. Quality Control Personnel. All commercial cannabis manufacturing sites must
employ at least one (1) full time quality assurance compliance monitor who shall
not hold a commercial cannabis license or have an ownership interest in a
commercial cannabis licensee or the premises of a commercial cannabis licensee.
7. Standard Operating Procedures. All commercial cannabis manufacturing sites
must establish standard operating procedures and batch records that comply with
current best manufacturing practices and applicable State laws and regulations.
8. Labeling. All finished cannabis products must be labeled in compliance with
applicable State laws and regulations.
9. Child-Resistant Packaging. All cannabis products must be packaged in child-
resistant containers prior to leaving the commercial manufacturing site in
compliance with applicable State law and regulations.
10. Security Plan Requirements for Cannabis Manufacturing Sites. All commercial
cannabis manufacturing sites must implement and maintain a security plan and
surveillance system that complies with the requirements outlined in Section
20.410.010 herein.
11. Fire Safety Plan Requirements. All commercial cannabis manufacturing sites
must comply with the provisions of a fire safety plan ensuring compliance with all
applicable Fire Code and Building Code requirements prepared by a third-party
engineer and approved by the City.
12. Liquid or Solid Wastes. Operators shall not discharge liquids and solids of any
kind, whether directly or indirectly, into a public or private body of water, sewage
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system, watercourse, or into the ground, except in compliance with applicable
regulations of the California Regional Water Quality Control Board.
E. Operating Agreement. The City shall require commercial cannabis manufacturing
operations to enter into an operating agreement with the City, pursuant to Section
20.410.009 herein.
6. Add the following Section 20.410.006, in its entirety:
SECTION 20.410.006 Cannabis Testing Operations
Commercial Cannabis Testing is permitted in the City subject to the following
requirements:
A. Zones Where Permitted. Commercial cannabis testing activity shall not be permitted
anywhere in the City except east of Highway 101 in the following zoning districts:
Business Commercial (BC), Business Professional Office (BPO), Business Technology
Park (BTP), Bay West Cove Specific Plan District (BWCSPD), Gateway Specific Plan
(GSPD), Mixed Industrial (MI), and Oyster Point Specific Plan District (OPSD)
B. Conditional Use Permit Required. Commercial cannabis testing activity is only permitted
in the zoning districts specified above with a conditional use permit approved by the
Planning Commission.
C. Distance Requirements. Commercial cannabis testing sites must located in the zoning
districts listed in section (A). Commercial cannabis testing sites must be located a
minimum of 600 feet from residential uses, schools, day care and youth centers.
D. Operational Requirements.
1. Operator Permits. All cannabis testing operations must obtain and maintain a
valid operator permit issued by the City pursuant to Section 20.410.009.
2. Compliance with Law. All cannabis testing activities must be conducted in
accordance with all applicable State laws and regulations, as may be amended
from time to time, and all applicable local laws and regulations.
3. Visibility. All cannabis, cannabis products, and any aspect of the testing of
cannabis that indicates the type of product(s) being tested inside shall not be
visible from the public right-of-way, exterior of the structure, and/or vehicle(s)
where those commercial cannabis activities take place.
4. Odor Control. Operators must install and maintain, in good working-order, air
treatment or other ventilation systems to prevent odors generated from the testing
of cannabis and cannabis products from being detected within ten (10) feet of the
structure in which commercial cannabis activity occurs.
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5. Quality Control Personnel. All commercial cannabis testing sites must employ at
least one (1) full time quality assurance compliance monitor who shall not hold a
commercial cannabis license or have an ownership interest in a commercial
cannabis licensee or the premises of a commercial cannabis licensee.
6. Testing Procedures. All testing activities must be conducted in accordance with
industry-best practices and applicable State laws and regulations.
7. Testing Devices. All testing devices used at a testing site must be UL listed, or its
equivalent, or be otherwise approved for its intended use by the City’s Building
Official, Fire Department or other person as designated by the Chief Planner.
8. Accreditation Notification. All testing sites must maintain proper accreditation
where applicable and must notify the Chief Planner, or designee, and the State
Department of Public Health within one business day after the receipt of notice
that the facility’s accreditation has been denied, suspended, or revoked.
9. Security Plan/Surveillance System. All commercial testing sites must implement
and maintain a security plan and surveillance system that complies with the
requirements outlined in Section 20.410.010 herein.
10. Fire and Safety Plan Requirements. All commercial testing sites must comply
with the provisions of a fire safety plan ensuring compliance with all applicable
Fire Code and Building Code requirements prepared by a third-party engineer and
approved by the City.
11. Liquid or Solid Wastes. Operators shall not discharge liquids and solids of any
kind, whether directly or indirectly, into a public or private body of water, sewage
system, watercourse, or into the ground, except in compliance with applicable
regulations of the California Regional Water Quality Control Board.
E. Operating Agreement. The City shall require commercial cannabis testing operations to
enter into an operating agreement with the City, pursuant to Section 20.410.009 herein.
7. Add the following Section 20.410.007, in its entirety:
SECTION 20.410.007. Cannabis Distribution Operations
Cannabis Distribution Operations are permitted in the City subject to the following
requirements:
A. Zones Where Permitted.
1. Distribution Permitted. Cannabis distribution operations are permitted to
distribute to other properly licensed and permitted commercial cannabis
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operations throughout the City and to other jurisdictions where such activities are
permitted.
2. Distribution Facility. Fixed locations for distribution facilities are prohibited
everywhere in the City except east of Highway 101 in the following zoning
districts: Business and Professional Office (BPO), and Mixed Industrial (MI)
B. Conditional Use Permit Required. Distribution facilities are only permitted in the zoning
districts specified above with a conditional use permit approved by Planning
Commission.
C. Distance Requirements. Cannabis Distribution operation sites must be located a
minimum of 600 feet from residential uses, schools, day care and youth centers.
D. Operational Standards.
1. Scope of Permitted Service.
a) Types of Services. Operators may provide storage-only services, storage
and distribution services, and/or distribution-only services.
b) Types of Customers. Operators may only provide the services outlined in
subsection (a) above to properly licensed and permitted cultivators,
manufacturers, testers, retailers, or other distributors.
2. Operator Permits. All cannabis distribution operations must obtain and maintain a
valid operator permit issued by the City pursuant to Section 20.410.009.
3. Compliance with Law. All cannabis distribution activities must be conducted in
accordance with all applicable State laws and regulations, as may be amended
from time to time, and all applicable local laws and regulations.
4. Visibility. All cannabis, cannabis products, and any aspect of the distribution of
cannabis that indicates the type of product(s) being distributed shall not be visible
from the public right-of-way, exterior of the structure, and/or vehicle(s) where
those commercial cannabis activities take place.
5. In-Transit Requirements.
a) Distribution vehicles may only travel between the distribution facility
location and the drop-off destinations while transporting cannabis and/or
cannabis products.
b) Only Operators and/or employees of Operators may be present in the
distribution vehicles while transporting cannabis or cannabis products.
c) All drivers shall carry valid identification and proof of employment at a
permitted distribution facility.
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d) All drivers shall carry an inventory log of cannabis and cannabis products
being transported with the name and address of the ultimate destination for
each unit of cannabis inventory.
6. Vehicle Registration with City Police Department. All distribution vehicles must
be registered with the City Police Department.
7. Fire safety plan. All commercial distribution facility sites must comply with the
provisions of a fire safety plan ensuring compliance with all applicable Fire Code
and Building Code requirements prepared by a third-party engineer and approved
by the City.
8. Recordkeeping requirements. Operators shall keep and maintain the following
records:
a) All distribution vehicle maintenance records.
b) All distribution vehicle ownership records.
c) All shipping manifests for completed and in-transit deliveries.
d) A contemporaneous inventory log.
e) Distribution log including location, time and driver.
f) Quality-assurance details for all cannabis and cannabis products stored
and/or delivered by Operator.
g) A log of any destruction or loss of any cannabis and/or cannabis products.
h) These records may be inspected by any officer of the City as permitted by
law. Whenever possible, the inspection shall be conducted at a time and in
a manner that minimizes any interference with the operation of the
business.
i) These records are not maintained nor kept by the City. To the extent that
any of these records come into the custody of the City, they shall be
exempt from public disclosure in accordance with applicable law.
9. Security Plan/surveillance system requirements.
a) Security at Distribution Facility. All commercial distribution facility sites
must implement and maintain a security plan and surveillance system that
complies with the requirements outlined in Section 20.410.010 herein.
b) Security in Distribution Vehicles. All commercial distribution vehicles
must comply with the following security requirements:
i. All cannabis and cannabis products shall be stored in a lockbox
that is permanently secured to the vehicle during transport.
ii. All distribution vehicles shall include video and audio monitoring
equipment that retains recordings for (30) days, has date and time
stamped recordings, and video overlays that indicate which vehicle
the recording is from.
iii. All distribution vehicles shall include cellular technology-based
panic buttons or other emergency alert devices.
9
iv. All distribution vehicles shall be tracked by GPS locators that are
monitored at the fixed distribution facility and retain logs of GPS
locations for (1) year.
v. All distribution vehicles must be plainly marked and not include
any overt or obvious indications of the products being distributed.
E. Operating Agreement. The City shall require commercial cannabis distribution operations
to enter into an operating agreement with the City, pursuant to Section 20.410.009 herein.
8. Add the following Section 20.410.008, in its entirety:
SECTION 20.410.008. Delivery-Only Operations
Delivery-Only Operations are permitted in the City subject to the following requirements:
A. Zones Where Permitted.
1. Delivery Permitted. Commercial delivery of cannabis to a fixed address
within City limits is permitted throughout the City except at the following
locations: schools, day care centers, youth centers, public parks and open
space, public buildings, eating or drinking establishments. All deliveries must
be to a fixed address.
2. Fixed Delivery-Only Business Locations Permitted. Fixed locations for
delivery-only cannabis businesses are prohibited everywhere in the City
except east of Highway 101 in the following zoning districts: Business
Commercial (BC), Business Technology Park (BTP), and Mixed Industrial
(MI)
B. Conditional Use Permit Required. Fixed locations for delivery-only cannabis
businesses are only permitted in the zoning districts specified above with a
conditional use permit approved by Planning Commission.
C. Distance Requirements. Fixed delivery-only cannabis businesses shall be sited a
minimum of 600 feet from residential uses, schools, day care centers and youth
centers.
D. Operational Standards.
1. Operator Permits. All delivery-only cannabis operations must obtain and
maintain a valid operator permit issued by the City pursuant to Section
20.410.009.
2. Compliance with Law. All delivery-only cannabis activities must be
conducted in accordance with all applicable State laws and regulations, as
10
may be amended from time to time, and all applicable local laws and
regulations.
3. Visibility. All cannabis, cannabis products, and any aspect of the delivery of
cannabis that indicates the type of product(s) being delivered shall not be
visible from the public right-of-way, exterior of a structure, and/or vehicle(s)
where those commercial cannabis activities take place.
4. All fixed locations for delivery-only operations must comply with the
provisions of a fire safety plan ensuring compliance with all applicable Fire
Code and Building Code requirements prepared by a third-party engineer and
approved by the City.
5. Security in Vehicle.
a) All cannabis and cannabis products shall be stored in a lockbox that
is permanently secured to the vehicle during transport .
b) All delivery vehicles shall include video and audio monitoring
equipment that retains recordings for (30) days, has date and time
stamped recordings, and video overlays that indicate which vehicle the
recording is from.
c) All delivery vehicles shall include cellular technology-based panic
buttons or other emergency alert devices.
d) All delivery vehicles shall be tracked by GPS locators that are
monitored at the fixed delivery-only cannabis business location and
retain logs of GPS locations for (1) year.
e) All delivery vehicles must be plainly marked and not include any overt
or obvious indications of the products being distributed.
6. Security at Delivery-Only Business Locations. All delivery-only business
location sites must implement and maintain a security plan and surveillance
system that complies with the requirements outlined in Section 20.410.010
herein.
7. In-Transit Requirements
a) Delivery vehicles may only travel between the delivery business
locations and drop-off destinations while transporting cannabis and/or
cannabis products.
b) Deliveries are only permitted during the hours specified under State
law and/or regulations.
c) Only Operators and/or employees of Operators may be present in the
delivery vehicle while transporting cannabis or cannabis products.
d) All drivers shall carry valid identification and proof of employment at
a permitted delivery facility.
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e) All drivers shall carry an inventory log of cannabis and cannabis
products being transported.
8. Vehicle Registration with City Police Department. All delivery vehicles must
be registered with the City Police Department.
9. Recordkeeping Requirements. Operators shall keep the following records:
a) All delivery vehicle maintenance records.
b) All delivery vehicle ownership records.
c) All shipping manifests for completed and in-transit deliveries.
d) A contemporaneous inventory log.
e) Delivery log including location, time and delivery driver.
f) Quality-assurance details for all cannabis and cannabis products stored
and/or delivered by Operator destruction or loss of any cannabis and/or
cannabis products.
E. Operating Agreement. The City shall require delivery-only operations to enter into
an operating agreement with the City, pursuant to Section 20.410.009 herein.
9. Add the following Section 20.410.009, in its entirety:
SECTION 20.410.009. Operator Permit Requirements
A. Operator Permit Required. No person shall engage in commercial cannabis
activity or operate a commercial cannabis business pursuant to this Section without possessing a
valid operator permit from the City and without possessing all other approvals or licenses that
may be required pursuant to State law and regulations.
1. Additional permits or entitlements may be required depending on construction
or improvements necessary for a building or site.
2. Regardless of the number of sites zoned for commercial cannabis operations in
the City, the total number of commercial cannabis operator permits granted for
each State license type may be established or limited by City Council
Resolution.
3. The City may refuse to issue any discretionary or ministerial permit, license,
variance or other entitlement, which is sought pursuant to this Section,
including zoning clearance for a building permit, where the property upon
which the use or structure is proposed is in violation of the South San Francisco
Municipal Code, or any other local, State or federal law.
4. No property interest, vested right, or entitlement to receive a future permit to
operate a commercial cannabis use shall ever inure to the benefit of such
operator permit holder, as such permits are revocable. Operator permits issued
12
pursuant to this Section are specific to the operator, do not run with the land
and are not transferable.
B. Permit Types. Prior to engaging in any commercial cannabis business,
individuals must obtain an operator permit from the City corresponding to the category of
activity or enterprise. The following permit types are available in the City:
1. Commercial Cannabis Manufacturing
2. Commercial Testing Permit
3. Commercial Cannabis Distribution Permit
4. Commercial Cannabis Delivery-Only Permit
C. Operator/Permit Holder Qualifications. All operator permit holders must meet
the following minimum qualifications. The City reserves the right to require additional
qualifications through the operator permit application procedures.
1. Operator permit holders and all employees and agents of said commercial
cannabis business must be twenty-one (21) years of age or older.
2. Operator permit holders and all employees and agents of said commercial
cannabis business shall be subject to a background search by the California
Department of Justice and local law enforcement.
3. Operator permits for commercial cannabis uses shall not be issued to any
operators who have been convicted of a violent felony or any operators that
have employees or agents that have been convicted of a violent felony, In
addition, permits for commercial cannabis uses shall not be issued to operators
(or operators that have employees or agents) who have been convicted of
crimes (whether felony or misdemeanor) that involve crimes of moral
turpitude.
4. Operator permit holders must meet the minimum qualifications established by
this Chapter and by the State for the applicable State license type.
D. Operator Permit Application. Applicants must submit applications to the
Finance Director. Any confidential information submitted by applicants pursuant to this Section
shall be marked as such. Confidential information submitted to the City may be withheld from
public disclosure in accordance with applicable law. Applications shall include, at a minimum,
the following:
1. Business Operators’ Information. All necessary information related to the
business operator, including names, birth dates, addresses, social security
numbers, relevant criminal history, relevant work history, names of businesses
owned or operated by the applicant within the last ten (10) years, investor
13
and/or partner information, and Assessor Parcel Number (APN) number of the
parcel upon which the business will be located. Such private information will
be exempt from disclosure to the public, pursuant to applicable law, to protect
an individual’s privacy interests and public health and safety.
2. Payment of Application Fee. Applicants shall submit the application fee
amount with their applications.
3. Property Owner Permission. Written (and notarized) permission from the
property owner and/or landlord to operate a commercial cannabis use on the
site.
4. Completed Business License Application. Each applicant shall submit proof
that either the City has issued the applicant a business license or proof that the
applicant has submitted a City business license application.
5. Volatile Solvent Closed-Loop System. If applicant is proposing a Cannabis
Manufacturing operation utilizing volatile extraction, then plans for a closed-
loop system certified and stamped by a professional engineer must be
submitted.
6. Employee Roster. Each application shall submit an employee roster with the
names and birth dates of each proposed employee of the operation with a
signed authorization from each such employee authorizing the City to conduct
a background check.
7. Operating Plan. Each application shall submit a detailed operating plan
identifying the features of the proposed business.
8. Security Plan as required under Section 20.410.010.
9. Site Plans. Each application shall submit a detailed site plan identifying the
layout and configuration of the proposed operation, as well as any proposed
improvements to the site.
10. Proof of Notice. Applicants must provide notice to properties and property
owners within three hundred (300) feet of the boundaries of the property upon
which the commercial cannabis business is proposed at least fifteen (15) days
prior to submission of an application for a permit and must include proof of
such notice with the operator permit application.
11. Air Quality. The applicant shall provide a calculation of the businesses
anticipated emissions of air pollutants. The applicant shall also provide
assurance that the business will comply with all rules identified by the Bay
Area Quality Management District. No operator permit shall be issued to any
business that would exceed the thresholds of significance established by the
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Bay Area Quality Management District for evaluating air quality impacts under
the California Environmental Quality Act for either operation or construction.
Applicants are encouraged to design their project so as to minimize or avoid air
pollutant emissions.
12. Greenhouse Gas Emissions. The applicant shall provide calculations of the
anticipated greenhouse gas emissions for the operation of the business. The
applicant shall further demonstrate compliance with any applicable State,
regional, or local plan for the reduction of greenhouse gas emissions. No
operator permit shall be granted for any business that would violate any State,
regional, or local plan for the reduction of greenhouse gases, nor shall any
cannabis permit be issued where the construction and/or operation of the
business would exceed any applicable threshold of significance for greenhouse
gas emissions under the California Environmental Quality Act.
13. Hazardous Materials. 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.
14. Water Supply. The applicant shall demonstrate to the satisfaction of the City
Engineer that sufficient water supply exists for the use. To the extent any
proposed use intends on relying on groundwater supplies, the applicant shall
demonstrate to the satisfaction of the City Engineer that the use will not result
in net groundwater depletion.
15. Wastewater. The applicant shall demonstrate to the satisfaction of the City
Engineer that sufficient wastewater capacity exists for the proposed use. To the
extent the proposed use will result in agricultural or industrial discharges to the
City’s wastewater system, the applicant shall provide a plan for meeting all
federal, State, and local requirements for such discharges. A Waste Water
Management Plan shall be submitted identifying the amount of wastewater,
excess irrigation and domestic wastewater anticipated, pre-treatment method
(when applicable), as well as disposal method.
16. Signed Affidavit. The property owner and applicant, if other than the property
owner, shall sign the application and shall include affidavits agreeing to abide
by and conform to the conditions of the permit and all provisions of the South
San Francisco Municipal Code pertaining to the establishment and operation of
the commercial cannabis use, including, but not limited to, the provisions of
this section. The affidavit(s) shall acknowledge that the approval of the
operator permit shall, in no way, permit any activity contrary to the South San
15
Francisco Municipal Code, or any activity which is in violation of any
applicable laws.
17. Signed indemnity provision. To the fullest extent permitted by law, any actions
taken by a public officer or employee under the provisions of this Section
20.410 shall not become a personal liability of any public officer or employee
of the City. To the maximum extent permitted by law, Operators shall defend
(with counsel acceptable to the City), indemnify and hold harmless the City of
South San Francisco, the South San Francisco City Council, and its respective
officials, officers, employees, representatives, agents and volunteers (hereafter
collectively called “City”) from any liability, damages, costs, actions, claims,
demands, litigation, loss (direct or indirect), causes of action, proceedings,
prosecutions for violations of State or federal law, or judgments (including
legal costs, attorneys’ fees, expert witness or consultant fees, City Attorney or
staff time, expenses or costs) (collectively called “action”) caused, in whole or
in part, by Operator’s operation of a commercial cannabis business in the City
or associated with any action against the City to attack, set aside, void or annul,
any cannabis-related approvals and/or determinations. The City may elect, in its
sole discretion, to participate in the defense of said action, and the Operator
shall reimburse the City for its reasonable legal costs and attorneys’ fees.
Operators shall be required to agree to the above obligations in writing and
submit said writing as part of the operator permit application.
E. Permit Issuance, Validity, Rejection of Application, Revocation, Suspension,
Renewal and Transfer
1. Cannabis Operator Permit Issuance. Cannabis operator permits shall require
approval of Finance Director or designee. Permit applicants must meet all
operator and application requirements to be considered for permit issuance.
a) Cannabis operator permits shall be valid for one (1) year from the date
of issuance.
b) The City shall not issue any cannabis operator permit until the
necessary State license(s) is obtained.
c) No cannabis operator permit holder may be issued until the applicant
obtains a conditional use permit from the Planning Commission.
d) No cannabis operator permit shall be issued until the operator has paid
all required fees and applicable local and state taxes. Cannabis operator
permit fees shall be set by Resolution of the City Council.
2. Operator Permit Issuance Procedure. The Finance Director, or his or her
designee, may design application forms and procedures specific to each
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permitted license type and require inspections of proposed facilities before
issuing a permit under this Chapter.
a) Applications shall be reviewed by City staff, as designated by the
Finance Director for completeness, sufficiency, and consistency with
minimum qualifications. Applicants failing to meet minimum
qualifications or application requirements will not be permitted to seek
a conditional use permit from the Planning Commission.
b) Relevant City staff will engage in an inspection of the site and all
delivery vehicles to ensure compliance with the requirements of this
Chapter.
c) If staff determines that an applicant meets the minimum qualifications
and the application complies with all of the requirements outlined in
Subsection D above and other applicable provisions of this Chapter,
said operator permit application will be granted pre-clearance and the
applicant will be authorized to seek a conditional use permit from the
Planning Commission. The applicant must seek a conditional use
permit within one (1) year from the date pre-clearance is issued. If an
applicant has not sought a conditional use permit within the one (1)
year period, the applicant’s pre-clearance status will expire and a new
application will have to be submitted in order to seek a conditional use
permit. The Finance Director may, in his or her sole discretion, extend
an applicant’s pre-clearance status if the Finance Director determines
that there is a reasonable basis for the delay and the information
contained in the initial application is still accurate.
d) If a pre-cleared applicant successfully obtains a conditional use permit
from the Planning Commission, the applicant will be issued an
operator permit. If a pre-cleared applicant fails to obtain a conditional
use, the City will not issue that applicant an operator permit.
Conditional use permits issued for cannabis commercial operations are
valid for a maximum of five (5) years.
3. Rejection of Applications/Revocation or Suspension of Operator Permit.
The Finance Director, or designee, has the authority and discretion to reject,
suspend or revoke any application or permit. Applicants providing false or
misleading information in the permitting process will result in rejection of the
application and/or nullification or revocation of any issued permit. Grounds for
rejection of application or suspension/revocation of permit include, but are not
limited to:
a) Providing incomplete, late, or unresponsive applications.
b) Making false or misleading statements to the City.
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c) Any owner, employee, or agent having been convicted of a violent
felony or crime of moral turpitude.
d) Any owner has had a cannabis-related license or approval revoked
from another jurisdiction.
e) Failure to comply with any provisions of this Chapter, the Zoning
Code, State law, or any other applicable laws or regulations.
f) Unpaid fees, fines, or administrative penalties.
g) Facts or circumstances exist which indicate that the Operation does or
would very likely constitute a threat to public health, safety and/or
welfare.
h) Failure to obtain the necessary planning approvals or revocation of said
planning approval in accordance with this Chapter and the Zoning
Code.
i) The Operation as proposed would violate any provision of State or
local laws or regulations.
j) Failure to implement and maintain a Security Plan in conformance
with Section 20.410.010.
k) Failure to implement and maintain a Fire Safety Plan in conformance
with this Chapter.
l) The Applicant has engaged in unlawful, fraudulent, unfair or deceptive
business acts or practices.
m) The Applicant’s State license for commercial cannabis operations is
suspended or revoked. The City shall not reinstate the permit until
documentation is received showing that the state license has been
reinstated or reissued. It shall be up to the City's discretion whether the
City reinstates any permit.
n) State law permitting 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 permit them.
4. Renewal. Operators must renew operator permits each year to continue
operating in the City. The Finance Director shall have the authority and
discretion to design renewal application procedures. Any renewal application
shall require a site and vehicle inspection and submission of all of the
information specified in subsection D above and approval of said application in
accordance with the provisions of this Chapter.
5. Transfer. Operator permits are personal to the Operator and are non-
transferrable. In the event that an Operator sells, disposes of or otherwise
conveys a cannabis business in the City, the purchaser or successor-in-interest
shall obtain a new operator permit from the City prior to commencing
operations. Purchasers and/or successors-in-interest are not required to obtain
new conditional use permits for existing cannabis businesses provided that the
18
transfer of the business occurs during the five (5) year term of the conditional
use permit.
G. Operating Agreement. The City shall require an operating agreement as a condition of
receiving an operator’s permit. Such operating agreement shall set forth the terms and
conditions under which the commercial cannabis activity will operate, that are in addition to
the requirements of the South San Francisco Municipal Code. The terms and conditions may
include, but are not limited to the payment of fees, charges, and contributions as mutually
agreed, and any such other terms which promote the public health, safety, and welfare and
mitigate negative impacts of such use.
H. Appeals. Applicants/Operators may appeal the denial, suspension or revocation of a
cannabis operator permit by filing a written notice of appeal with the City Manager or
designee within ten (10) days after receipt of a denial or order of suspension or revocation
from the Finance Director. The City Manager or designee shall hold a hearing within thirty
(30) days of receiving the request for appeal where the applicant and the City may present
evidence regarding the denial, suspension or revocation of the Permit. The City Manager or
designee shall render his or her decision in writing on the appeal within forty-five (45) days
after the date of the hearing. Said decision shall be final and no appeal may be taken to the
City Council.
10. Add the following Section 20.410.010, in its entirety:
SECTION 20.410.010 Commercial Cannabis Operation Security Requirements
A. Approval of Security/Surveillance Plan. All applicants for commercial cannabis operator
permits must submit a security plan demonstrating compliance with the provisions of this
section. Prior to the issuance of any permit, the Chief of Police, or his/her designee, must
approve the security plan. Said plan must, in the Chief’s determination, demonstrate the
applicant’s ability to operate a safe operation that does not encourage criminal activity
and prevents the theft or diversion of cannabis.
B. Mandatory Elements of the Security Plan. To be eligible for approval, the security plan
must provide for all of the following components:
1. Minimum building security standards. Building security standards in compliance with
Chapter 15.48 of the South San Francisco Municipal Code.
2. Robbery alarm system. Installation and maintenance of a central station silent robbery
alarm system that is hidden from plain view, but easily accessible to authorized
personnel. Alarm systems shall be installed and maintained in compliance with
Chapter 6.60 of the South San Francisco Municipal Code.
3. Burglary alarm system. Installation and maintenance of a central station silent
intrusion alarm system. The silent intrusion alarm system shall include contact
sensors covering each entrance/exit, each skylight, as well as interior motion sensors.
19
Alarm systems shall be installed and maintained in compliance with Chapter 6.60 of
the South San Francisco Municipal Code.
4. Security guards. Employment of at least one uniformed security guard present during
normal business hours to include one half (½) hour before and after normal business
hours. The security guard shall be charged with preventing violations of the law,
reporting suspicious persons, vehicles, circumstances and all criminal offenses to the
Police Department. Security guards shall be uniformed in such a manner so as to be
readily identifiable as a security guard by the public and shall be duly licensed as a
security guard as required by applicable provisions of the State law and per Chapter
6.62 of the South San Francisco Municipal Code. The sole purpose of the security
guard shall be to provide for the protection and safety of the business and its
authorized personnel and said guard shall not be required to perform additional, non-
security related duties within the business. The Chief of Police reserves the right to
review the number of guards and may require that the number of guards be increased
or decreased as necessary.
5. Recordkeeping/Product Tracking. Implementation of a recordkeeping/product
tracking system to ensure that all cannabis is accounted for and any loss or theft is
easily discoverable in accordance with State law. These records shall be kept for at
least (1) year.
6. Employee Roster. Operator must keep a current and updated employee roster on-file
with the police department with the names and addresses of all Operator’s employees.
7. Video surveillance system. Installation of a video surveillance system meeting the
following criteria:
a. Cameras that record at a resolution of 1280 x 720 or higher,
b. Cameras that record in accurate color with a surveillance monitor that
displays in accurate color,
c. Sufficient storage capacity to retain data from all cameras for a period of
thirty (30) days,
d. An on-site monitor no smaller than fifteen (15) diagonal inches for viewing
of images,
e. The ability to view and record footage at the same time,
f. Accurate time and date stamps on recorded video images,
g. Locked and secure location of system to prevent destruction or tampering
from customers or employees. Access to the system shall be restricted to
management,
h. Cameras with clear and unobstructed view of the desired coverage areas,
i. A dedicated and secured power source to prevent intentional or accidental
deactivation, and
j. Separate cameras dedicated to each processing area, loading or shipping area,
each entrance/exit of the business, and the parking lot. The cameras shall be
placed in locations that allow a clear, unobstructed view of the desired
20
locations and shall be periodically evaluated to ensure compliance. Enough
cameras shall be placed at each location to cover the entirety of the intended
area to be captured.
8. Prohibition on External Signage. The business shall not display any external signage
or other visual clues as to the nature of the business, including but not limited to,
green lights, depictions of marijuana leaves, “420,” or other common terms or
symbols associated with cannabis.
9. Prohibition of On-site Sales/Public Access. No access by the general public may
occur. No on-site sales to any customers may occur.
10. Prohibition on Delivery Vehicle Signage. No pickup or delivery vehicles may contain
or depict any signage or other visual clues as to the nature of the business, including
but not limited to, green lights, depictions of marijuana leaves, “420,” or other
common terms or symbols associated with cannabis.
11. Prohibition on Cannabis in Plain View. All cannabis, cannabis products, and any
aspect of the commercial cannabis operation that indicates the type of product(s)
inside shall not be visible from the public right-of-way, exterior of the structure,
and/or vehicle(s) where those commercial cannabis activities take place.
12. Prohibition on Advertising Business Address. The business shall not identify the
business address in any communications, advertisements and marketing, as required
under Chapter 15 of Division 10 of the California Business and Professions Code.
The business may only display the business name and license number.
13. Unauthorized Access. All entrances to the building shall remain locked at all times to
prevent unauthorized access from the exterior. The business shall utilize an electronic
card key system to allow access for authorized personnel. The system shall record and
log all entries/exits from the premises and such records must be retained for one (1)
year by the system.
14. Security of Loading/Shipping Areas. Loading/shipping areas shall have a double
security door design that securely isolates the loading/shipping area from the main
warehouse/processing area of the building when pickups or deliveries are made.
15. Drop safes. Each cannabis business shall install, maintain, and use a time delay drop
safe to store cash and limit the risk of robbery. Time delayed drop safes shall be rated
at UL TL-15 or higher.
16. Odor control system. The business shall install, maintain, and use an odor control
system to prevent cannabis odors from escaping and being detected within ten (10)
feet outside the building.
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C. Implementation and on-going compliance. All businesses must implement and maintain
the security systems and equipment required by this Chapter in strict accordance with the
approved security plan prior to commencing operations. If a business subject to this
Chapter does not meet or maintain the security standards required by this Chapter, the
business must take immediate steps to bring the security requirements into conformance
with the provisions of this Chapter. Failure to comply with the requirements of an
approved security plan is grounds for revocation of a permit and cessation of operations.
11. Revise Section 20.410.005 as follows:
SECTION 20.410.011 Nuisance, Violation and Enforcement
The establishment, maintenance or operation of a storefront cannabis retail establishment,
microbusiness, manufacturing facility, testing facility, distribution facility, delivery-only
operation, indoor commercial cultivation operation, or outdoor cultivation of Cannabis in
violation of or in non-compliance with any of the requirements of this Chapter or applicable
provisions of State law or the Zoning Code or South San Francisco Municipal Code, is declared
a public nuisance and, in addition to or in lieu of prosecuting a criminal action, shall be subject to
any enforcement or abatement remedies available under the law and/or the City’s Municipal
Code. In addition, the City may enforce the violation of this Chapter by means of civil
enforcement through a restraining order, a preliminary or permanent injunction or by any other
means authorized by the law.
12. Add Section 20.410.012, in its entirety, as follows:
SECTION 20.410.012 Administrative Procedures
The City Manager may adopt reasonable administrative procedures necessary to implement this
Chapter.
13. Add Section 20.410.013, in its entirety, as follows:
SECTION 20.410.013 Conflict of Laws
In the event that any provision of this Chapter is in conflict with State law or regulations, as
may be amended from time to time, said State law or regulation shall control to the extent
that said State law or regulation preempts local regulations.
14. Revise Table 20.090.002 “Land Use Regulations—Commercial, Office, and
Mixed-Use Districts” as follows:
Use Classification CC BPO CMX ECRMX Additional
Regulations
Commercial Uses
Business Services
P P P P
22
Commercial Cannabis
Businesses
Cannabis Delivery-
Only Operations - - - -
See Chapter
20.410
“Regulation of
Cannabis
Activities”
Cannabis Distribution - C - -
See Chapter
20.410
“Regulation of
Cannabis
Activities”
Cannabis
Manufacturing - C - -
See Chapter
20.410
“Regulation of
Cannabis
Activities”
Cannabis Testing - C - -
See Chapter
20.410
“Regulation of
Cannabis
Activities”
15. Revise Table 20.110.002 “Land Use Regulations—Employment Districts” as
follows:
Use Classification BC BTP FC MI Additional
Regulations
Commercial Uses
Business Services
P MUP - P
Commercial Cannabis
Businesses
Cannabis Delivery-
Only Operations C C - C
See Chapter
20.410
“Regulation of
Cannabis
Activities”
Cannabis Distribution - _ - C
See Chapter
20.410
“Regulation of
Cannabis
Activities”
Cannabis
Manufacturing - _ - C
See Chapter
20.410
“Regulation of
Cannabis
Activities”
Cannabis Testing C C - C
See Chapter
20.410
“Regulation of
Cannabis
Activities”
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16. Revise Table 20.210.003 “Land Use Regulations—Bay West Cove Specific Plan
District” as follows:
Bay West Cove Planning Area
Uses Permitted 1a 1b 2 3 4 Additional Regulations
Employment Use
Classifications
Cannabis Testing C - C C -
See Chapter 20.410
“Regulation of Cannabis
Activities”
Research and Development P - P P -
17. Revise Table 20.220.003 “Land Use Regulations—Gateway Specific Plan
District” as follows:
Uses Permitted Gateway Specific Plan Zone Additional Regulations
Employment Use Classifications
Cannabis Testing - C C C - See Chapter 20.410 “Regulation of
Cannabis Activities”
Research and development - P P P P
18. Revise Table 20.230.003 “Land Use Regulations” for the Oyster Point Specific
Plan District as follows:
Uses Classifications Planning Area 1 Planning Area 2
Employment Uses
Cannabis Testing C(7) C(7)
Research and Development P P(5)
Notes:
1. Limited to storage, repair and service of water craft, except that Automobile Vehicle Rentals may be approved as
ancillary to a hotel use.
2. Only within hotels.
3. Retail and eating and drinking establishment uses are limited to a total of 40,000 square feet in Planning Area 2.
4. Hotel use is limited to no more than two hotels of up to a total of 350 rooms.
5. Use may be subject to limitations pursuant to terms of an approved Disposition and Development Agreement.
6. Only permitted to be installed on building rooftop—all other equipment and facilities must be inside the primary
structure or an approved and established equipment yard—and subject to Chapter 20.370 (“Antenna and Wireless
Communications Facilities”).
7. See Chapter 20.410 “Regulation of Cannabis Activities”
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