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Cannabis Business Ordinance Update
The City is proposing changes to the San José Municipal Code and other regulations governing Cannabis Businesses as outlined below. This proposal will incorporate City Council's direction from the hearing conducted on November 1, 2022.
* The dates for the Planning Commission and City Council hearings on this policy item are May 24, 2023 and June 13, 2023.
View a brief presentation on the proposed changes with subtitles in English, Spanish, Vietnamese, or Chinese.
The proposed updates would modify setback requirements from cannabis businesses to sensitive uses, specifically within Sections 20.80.763, 20.80.770, 20.80.775 and 20.80.780 from Part 9.75, Chapter 20.80 in Title 20 of San José Municipal Code. Specifically:
- Adjust distance requirements for new cannabis storefronts citywide from K-12 Schools, Daycare Centers, and Youth Centers, replacing the current distance requirements, as follows:
- Establish a 1,000-foot distance buffer measured as path of travel from the public entrance of the cannabis business to the public entrance of the school, daycare, or youth center (path of travel); and
- Establish a minimum 500-foot distance buffer measured as a straight line from the property line with the cannabis business to the property line of the sensitive use (parcel to parcel).
- Eliminate the distance requirements from other cannabis storefronts.
- Adjust distance requirements for new cannabis storefronts outside of Downtown or Urban Villages from Community Centers, Recreation Centers, and Parks as follows, replacing the current distance requirement:
- Establish a 500-foot distance buffer measured as parcel to parcel.
- Establish a 500-foot distance buffer measured as parcel to parcel.
- Retain current distance requirements to sensitive uses for Rehab Centers, Emergency Residential Shelters, and Residential Uses.
- Remove the crime overlay restriction on new cannabis storefronts.
| AREA | Parks, community and recreation center, library | Substance abuse rehabilitation center, Emergency Residential Shelter | Residential | Public or private, elementary school, or secondary school, Daycare Center, Youth Center | Another Medical Cannabis Dispensary or Cannabis Retail Storefront |
|---|---|---|---|---|---|
|
Downtown |
- | - | - | 500’ from property line or 1000’ path of travel, whichever is more restrictive. | No more than four within a 1000’ foot radius, measured from building or tenant space |
| Urban Village | - | 500 | - | ||
| Outside of Downtown or Urban Village | 500 | 500 | 300 |
Proposed Requirements
Additionally, the City Council directed staff to investigate the number of dispensaries per district and overconcentration of businesses and bring forth for additional discussion at the proposed hearing on June 13, 2023.
This online map link identifies sites that may meet the zoning regulations for a cannabis storefront. This is based on an evaluation of the site’s zoning and identification of potential nearby sensitive uses. Please be aware that the City does not have complete data regarding locations of all sensitive uses, especially for businesses that may be categorized as a “youth center”. This map should be used for illustrative purposes only. Sites identified on this map require further investigation to formally determine eligibility.
Staff recommends that the retail storefront use cannot lead to the grouping of more than four of any combination of the following uses: Medical Cannabis Collective Dispensary sites only, Medical Cannabis Dispensaries, or Cannabis Retail Storefronts within a one-thousand-foot radius, as shown in Illustration 1, from the nearest exterior wall of the occupied tenant space containing the proposed use. This eligibility is contingent on obtaining Zoning Verification certificate.
Illustration 1
STAFF CONTACTS
Division of Cannabis Regulation
Wendy Sollazzi, Division Manager
Email: Wendy.Sollazzi@sanjoseca.gov
Planning Division
Aparna Ankola, Supervising Planner
Email: aparna.ankola@sanjoseca.gov
PUBLIC OUTREACH
Updates on proposed changes to the San José Municipal Code and other regulations governing Cannabis Businesses will be available on this webpage.
LANGUAGE TRANSLATION
Please use the Google Translate option located at the top of this webpage. Or for assistance in Spanish or Vietnamese, please contact the translators noted below.
- Spanish/Español: Para información en español acerca de esta solicitud, comuníquese con Jennifer Provedor al 408-793-4100, e índique el número de Proyecto PP23-001
- Vietnamese/Tiếng Việt: Muốn biết tin tức bằng tiếng Việt về tờ thông tin này, xin quý vị liên lạc Kayla Do ở số 408-793-4174
ENVIRONMENTAL DOCUMENTS
An Addendum to a previously approved Initial Study and Negative Declaration (PP21-002) is prepared in accordance with the California Environmental Quality Act (CEQA). Information related to this document will be updated on this page.