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Cannabis Regulations & Permitting
Existing Cannabis Ordinance Amended
On April 11, 2023, the San Bruno City Council adopted amendments to the existing Cannabis Ordinance. The amendments are as follows:
- Reduce the total number of allowed businesses from a maximum of four to a maximum of two, with one being for distribution use only, and the second being retail and/or distribution; and
- Remove the downtown (Central Business District) and The Shops at Tanforan from permitted locations for commercial cannabis operations.
The ordinance amendments went into effect on Thursday, May 11, 2023 - 30 days after its adoption date on April 11, 2023.
A new 45-day Commercial Cannabis Operator's Permit (CCOP) application window is open from May 15 to June 30, 2023. For more details on the application process, please reference the CCOP Application Procedures and Guidelines.
Click here for Commercial Cannabis Operators Permit Application
Below is a sensitive use map which shows the changes that the City Council approved. Please note that the map is subject to change at any time and prospective businesses will want to conduct their own due diligence to identify any sensitive uses in proximity to a proposed business location.
If you would like to be notified of hearings regarding this process or if you would like to receive additional information, please email cannabis@sanbruno.ca.gov
Previous History of Commercial Cannabis Regulations
At their September 27, 2022 meeting, the San Bruno City Council introduced an ordinance to partially repeal the prohibition of cannabis businesses and enact regulations that will allow up to 3 cannabis retail businesses and 1 distribution business. The ordinance was adopted on October 11, 2022 and is currently in effect.
The process to develop regulations for cannabis businesses was set in motion when the San Bruno City Council included the development of such regulations as a part of the Fiscal Year 2021-22 Strategic Initiatives. The City hired a consultant to lead the process and work on the effort started shortly thereafter. On February 8, 2022, the City Council held a Study Session to consider options for commercial cannabis operations in the city. At the conclusion of the Study Session, City Council directed staff to proceed with preparation of draft Municipal Code amendments and related procedures that would provide for up to 3 commercial cannabis operations, consisting of any combination of cannabis retailers in zoning districts in the San Bruno downtown area, along portions of San Bruno Avenue and El Camino Real, and at The Shops at Tanforan, and for distribution uses in the M-1 (light industrial) Zone north of Interstate I-380.
As shown on the map, commercial cannabis uses cannot be located within 600 feet of what would be considered to be sensitive use such as schools and parks. The sensitive use map is provided as a courtesy, and it is up to prospective applicants to verify possible sensitive uses near a proposed business location.
| Date | Staff Reports and Material |
|---|---|
| April 11, 2023 City Council Consent Item |
Staff Report (Pg. 33) |
| March 28, 2023 City Council Public Hearing |
Staff Report (Pg. 104) |
| March 21, 2023 Planning Commission |
Staff Report (Pg. 36) |
| February 21, 2023 Planning Commission |
Staff Report (Pg. 7) |
| January 24, 2023 City Council Study Session |
Presentation |
| October 11, 2022
City Council Public Hearing Adoption Ordinance & Procedures |
Staff Report (Pg. 128) |
| September 27, 2022 City Council Public Hearing |
|
| August 16, 2022
Planning Commission |
Staff Report (Pg. 9) |
| July 19, 2022
Planning Commission |
Staff Report (Pg. 7) |
| February 8, 2022
City Council Study Session |
Staff Report (Pg. 3) |
Review Process After Submittal
CCOP applications will be reviewed by a team of staff from different City Departments and Divisions, including Planning, Building, Public Works Engineering, Fire, and Police. The applications will be assigned a “Pass” or “Fail” status by the team based on factors such as a proposed business plan, community benefits, neighborhood compatibility, safety and hazardous materials plan, security plan, successful background checks and odor control plan.
Those CCOP applications achieving a “pass” rating would be cleared to proceed to the second step, consisting of City Council review and selection of up to three retail businesses and up to one distribution business. Or, after the initial filing window, an application window will be opened at the discretion of the city whenever there are fewer than three retail and one distribution business.
Those businesses approved by the City Council would then proceed to the third step, formally filing a Conditional Use Permit (CUP) application for a specific location. Staff will provide CUP application materials to the selected operator(s). The CUP application will be processed on a time and materials basis, with an initial application deposit of $10,000. CUP applications will be reviewed by staff and presented to the Planning Commission for consideration at a noticed public hearing. CUP applications will then be reviewed at a public hearing by the City Council. With CUP approval, the third and final step would be for staff to formally issue the CCOP to those applicants who have obtained their CUP approvals.
Additionally, State licenses are required for all commercial cannabis operations. There are many types of licenses, though the most likely licenses applicable to San Bruno cannabis businesses would be for Type 10A (Retailer) and Type 11 (Distributor). Licenses are issued by the state for a period of one year and can be renewed annually. Type A licenses prohibit sales of commercial cannabis products to persons under the age of 21 and do not allow persons under 21 to be on licensed premises.
The following table summarizes the key proposed commercial cannabis land use regulations proposed in the Zoning Code. Please note that the CCOP requirements are subject to change at any time.
| Cannabis Retailers | Cannabis Distribution Facilities |
Qualifying Locations, by Zoning District | In TCP areas in C-B-D, MXR, TOD1, TOD2 and P-D Zones | In M-1 Zone north of San Bruno Avenue |
Operator's Permit and CUP Required | Yes | Yes |
State License Required | Yes | Yes |
Age Restrictions (21 or older) | Yes | Yes |
Separations Required | 600 feet from: Youth Centers, K-12 Schools and Day Care | 600 feet from: Youth Centers, K-12 Schools and Day Care operations; parks (excepting pocket parks) |
Suggested Maximum Number of Cannabis Uses | Up to 3 cannabis retailers (and/or cannabis distribution facilities) | Up to 1 cannabis distribution facilities |
Operational Criteria: |
|
|
Hours of Operation | Per CUP conditions | Per CUP conditions |
Employee Training | Required with CUP | Required with CUP |
Odor Control Plan | Required with CUP | Required with CUP |
Security Plan | Required with CUP | Required with CUP |
Security systems | Required with CUP | Required with CUP |
Parking and Loading | As required by CUP | As required by CUP |
Hazardous Materials Plan | N/A | Required with CUP |
Storage of product and disposal of unused cannabis | Limited with CUP | Limited with CUP |
Signage | Per City Sign Code | No outside signs |
On-site consumption | Not allowed | Not allowed |
Delivery/transport plans and/or routes | Plan required with CUP | Plan required with CUP |
GIS for delivery vehicles | N/A | Required |
Insurance | Required | Required |
Security Provisions for Commercial Cannabis Operations
A commercial cannabis operation will be required to implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing cannabis or cannabis products and to deter and prevent the theft of cannabis or cannabis products at the commercial cannabis operation. The specific security measures are required to be identified in the operations plan, which is subject to review and approval by the City, including the Police Department. Compliance with the operations plan will always be required during operation as a condition of approval of the CUP. Security provision requirements are included in the Zoning Code Section 12.300.100 “Security”
Annual Review
Cannabis businesses are required to undergo an annual review of their business operations. The filing fee for the annual review is $2,745.
Taxes
In November 2020, San Bruno voters approved a ballot measure imposing up to a 10% tax on the gross revenues of any commercial cannabis activity that the city ultimately allows. The tax will apply in addition to the general business license tax imposed by the city. The City Council has set the initial tax rate at 5%.
Frequently Asked Questions (FAQs)
The Planning Division records all questions received each week. Responses to the questions can be viewed here: Frequently Asked Questions (FAQs) List.