This article establishes regulations governing personal cultivation, manufacturing and sales of cannabis and cannabis products. The purpose of these regulations is to provide criteria for the consideration and approval of personal cultivation and businesses engaged in the manufacturing and sales of cannabis and cannabis products. The City finds it necessary to establish such requirements and criteria in the interest of the public health, safety and welfare to regulate all cannabis-related activities.
(Sec. 2 (part), Ord. 17-002, eff. May 4, 2017)
This article shall apply to the establishment of all land uses related to cannabis and cannabis products.
(Sec. 2 (part), Ord. 17-002, eff. May 4, 2017)
It is unlawful to engage in commercial cannabis activity as defined in Section 5-28.03(f) as a home occupation as defined in Article 8 of this chapter.
(Sec. 2 (part), Ord. 17-002, eff. May 4, 2017)
(a) 
Personal Cultivation. Pursuant to State law, cultivation of no more than six (6) cannabis plants is permitted as an accessory use in all zoning districts subject to the standards in Section 9-5.2207(a).
(b) 
Cannabis Sales and Cannabis Manufacturing. Cannabis sales and cannabis manufacturing are conditionally permitted in zoning districts as indicated in Table 9-3.202.
(Sec. 2 (part), Ord. 17-002, eff. May 4, 2017)
It is unlawful to engage in cannabis sales or cannabis manufacturing, as such use classifications are described in Chapter 2 of this title, without first obtaining a conditional use permit pursuant to the procedures in Article 5 of Chapter 7. Cannabis sales shall require approval of a major conditional use permit from the Planning Commission. Cannabis manufacturing meeting the criteria of Section 9-5.703 may be approved with a minor conditional use permit; otherwise, it shall require approval of a major conditional use permit from the Planning Commission.
(Sec. 3, Ord. 21-007, eff. Nov. 18, 2021; Sec. 2 (part), Ord. 17-002, eff. May 4, 2017)
(a) 
In approving a conditional use permit for cannabis sales or cannabis manufacturing, conditions may be imposed as deemed necessary to fulfill the purposes of this article, including, but not limited to, those deemed necessary to comply with the standards in Section 9-5.2207, and reasonable guarantees and evidence that such conditions are being, or will be, complied with may be required.
(b) 
Conditional use permits for cannabis manufacturing shall be deemed to include the following conditions of approval related to the property on which the use is located, unless otherwise specified in their approvals:
(1) 
Permitted Uses. This conditional use permit authorizes the following commercial cannabis activity and related uses at the property: the possession, manufacturing (without volatile solvents), distribution, processing, storing, laboratory testing, labeling, transportation, research and development, assembly of cannabis products, and delivery to end users only.
(2) 
Prohibited Uses. The following commercial cannabis activities and related uses are not allowed at the property: cloning, planting or cultivation of cannabis plants, manufacturing with volatile solvents, or direct dispensing or retail sales to the public.
(3) 
Future Subtenants. Subject to State law and State regulations, the applicant may sublease the facility to other tenants engaging in cannabis commercial activity consistent with this conditional use permit; provided, that each subtenant obtains an operator's permit from the Emeryville Police Department pursuant to Chapter 28 of Title 5, applicable State license/permits, and a business license from the City of Emeryville, prior to commencing operations.
(4) 
Cannabis Consumption. Consumption, including smoking, inhaling, and ingesting, of cannabis is prohibited on the property, in the public right-of-way abutting the property or within a six hundred (600) foot radius of the property.
(5) 
Hours of Pickups and Deliveries. Pickups and deliveries to the property shall be prohibited between the hours of 7:00 p.m. and 8:00 a.m. The Police Chief may further impose conditions on pickups and deliveries through an operator's permit.
(6) 
Business Conducted Within Building. All allowed commercial cannabis activity shall be conducted inside a building located on the property. No commercial cannabis activity shall be visible from the exterior of the building or from the public right-of-way abutting the property.
(7) 
Odor Control. All odors shall be contained on the property. If the City receives any odor complaints, the applicant or subtenant shall work with the Building Official to immediately abate any nuisance related to odor. Unresolved or repeated violations related to odor may be basis for suspension or revocation of the operator's permit or denial of operator's permit renewal.
(Sec. 3, Ord. 21-007, eff. Nov. 18, 2021; Sec. 2 (part), Ord. 17-002, eff. May 4, 2017)
(a) 
Personal cultivation of cannabis plants shall comply with all of the following standards:
(1) 
Growing, processing, or transporting of cannabis plants for personal use must be in full compliance with all the applicable provisions of California law.
(2) 
Cannabis plants shall be grown, possessed, and processed within the residence of the person growing, possessing and processing the cannabis plants for personal use. No more than six (6) plants may be cultivated in a private residence, as defined in Health and Safety Code Section 11362.2(b)(5).
(3) 
Cannabis plants shall not be grown or processed in the common areas of a multi-unit residential development nor in common areas of any commercial or industrial building.
(4) 
Cannabis growth shall meet the requirements of all applicable building and life/safety codes, including requirements concerning electrical systems and ventilation systems.
(5) 
Any use of a compressed flammable gas as a solvent or other volatile solvent in the extraction of THC or other cannabinoids for personal use is prohibited.
(b) 
Cannabis manufacturing shall comply with all applicable performance standards in Article 11 of this chapter and with all applicable general conditions in Chapter 28 of Title 5.
(c) 
Cannabis sales shall not be located within two hundred fifty feet (250') of any school, day care facility, religious institution or public park, unless a conditional use permit is approved with a finding that the reduced distance will not compromise the public health, safety, or welfare. Cannabis sales shall comply with all applicable performance standards in Article 11 of this chapter and with all applicable general conditions in Chapter 28 of Title 5.
(Sec. 4, Ord. 20-021, eff. Oct. 15, 2020; Sec. 2 (part), Ord. 17-002, eff. May 4, 2017)
(a) 
Cannabis. See Section 5-28.03(b).
(b) 
Cannabis Product. See Section 5-28.03(e).
(c) 
Commercial Cannabis Activity. See Section 5-28.03(f).
(d) 
Cultivation. See Section 5-28.03(g).
(e) 
"Public park"
means a park, playground, swimming pool, beach, pier, or athletic field within the City which is under the control, operation, or management of the City or a site that is planned for a public park in the City's general plan.
(f) 
"Religious institution"
means a building which is used primarily for religious worship and related religious activities.
(g) 
"School"
means an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school, or a special institution of learning under the jurisdiction of the State Department of Education, or a site that is planned for such school uses in the City's general plan, but it does not include a vocational or professional institution or any institution of higher education, including a community or junior college, college or university.
(Sec. 2 (part), Ord. 17-002, eff. May 4, 2017)