On the agenda: Antioch meeting — surveillance camera (Feb 19)

Agenda prepared by:

Office of the City Attorney
(925) 779-7015

SPECIAL MEETING
CANNABIS STANDING COMMITTEE
Date:

THURSDAY, FEBRUARY 19, 2026

Time:

10:00 a.m.

Place:

Antioch City Hall - Council Chambers
200 H Street
Antioch, CA 94509
COMMITTEE MEMBERS

TAMISHA TORRES-WALKER, Chairperson
DONALD P. FREITAS, Councilmember

PLEASE TURN OFF CELL PHONES BEFORE ENTERING COUNCIL CHAMBERS.
ACCESSIBILITY: In accordance with the Americans with Disabilities Act and California law, it is

the policy of the City of Antioch to offer its public programs, services and meetings in a manner
that is readily accessible to everyone, including individuals with disabilities. If you are a person
with a disability and require information or materials in an appropriate alternative format; or if
you require any other accommodation, please contact the ADA Coordinator at the number or
address below at least 72 hours prior to the meeting or when you desire to receive services.
Advance notification within this guideline will enable the City to make reasonable arrangements
to ensure accessibility. The City’s ADA Coordinator can be reached @ Phone: (925) 779-6950,
and e-mail: [email protected].

CANNABIS STANDING COMMITTEE
SPEAKER RULES

NOTICE OF OPPORTUNITY TO ADDRESS THE COMMITTEE
The public has the opportunity to address the Committee on each agenda item. To address the
Committee, fill out a Speaker Request form and place in the Speaker Card Tray near the City
Clerk before the meeting begins. This will enable us to call upon you to speak. No one may
speak more than once on an agenda item. The Speaker Request forms are located at the
entrance of the Council Chambers.
Members of the public wishing to provide public comments may do so one of the following ways:
1) WRITTEN PUBLIC COMMENT – Written comments may be submitted
electronically to the following email address: [email protected], prior to
9:00 a.m. the day of the Cannabis Standing Committee Meeting. Please indicate
the agenda item and title in your email subject line. All comments received before
9:00 a.m. on the day of the meeting, will be provided to the Committee before the
meeting.
2) IN PERSON – Fill out a Speaker Request Form, available near the entrance doors,
and place in the Speaker Card Tray near the City Clerk before the meeting begins.
Speakers will be notified shortly before they are called to speak.
When called to speak, please limit your comments to the time allotted (up to 3 minutes,
at the discretion of the Chairperson).
After hearing from the public, the agenda item will be closed. Deliberations will then be limited
to members of the Committee.

NOTICE OF AVAILABILITY OF REPORTS
The Cannabis Committee’s Agendas, including Staff Reports, are posted onto the City’s
Website 24 hours before each meeting. To view the agenda information, click on the
following link: www.antiochca.gov/AgendaCenter.
Copies are available for inspection (and copying for a fee), at the City Clerk’s Office, City
Hall, 200 ‘H’ Street, Antioch, CA 94509, Monday through Friday, 8:30 a.m. to 4:30 p.m.,
excluding holidays.

AGENDA
ROLL CALL – Committee Members
CONSENT AGENDA
A.

CANNABIS STANDING COMMITTEE SPECIAL MEETING MINUTES FOR
APRIL 23, 2025
Recommended Action:

B.

Motion to approve the Meeting Minutes.

CANNABIS STANDING COMMITTEE SPECIAL MEETING MINUTES FOR
AUGUST 20, 2025
Recommended Action:

Motion to approve the Meeting Minutes.

REGULAR AGENDA
1.

RECOMMENDATION TO THE CITY COUNCIL TO APPROVE PROPOSED
MODIFICATIONS TO CANNABIS BUSINESS LAND USE AND OPERATIONAL
GUIDELINES (ADOPTED BY THE CITY COUNCIL ON SEPTEMBER 11, 2018)
TO BE CONSISTENT WITH TITLE 9 SECTION 5.3845 OF THE ANTIOCH
MUNICIPAL CODE (CONTINUED FROM AUGUST 20, 2025)
A.
B.

2.

Public Comment
Discussion and Direction to Staff

RECOMMENDATION TO THE CITY COUNCIL TO AUTHORIZE THE CITY
MANAGER TO ENTER AN AGREEMENT WITH THE GOVERNOR’S OFFICE OF
BUSINESS AND ECONOMIC DEVELOPMENT (GO-BIZ) TO ACCEPT A GRANT
AWARD OF $75,000.00 FOR THE DEVELOPMENT OF A LOCAL CANNABIS
EQUITY PROGRAM
A.
B.

Public Comment
Discussion and Direction to Staff

ADJOURNMENT: Chairperson will make a motion to adjourn the meeting.

CANNABIS STANDING COMMITTEE
Special Meeting
6:00 P.M.

April 23, 2025
Council Chambers

ROLL CALL
Council Member/Committee Chair Torres-Walker called the meeting to order at 6:03 P.M. and
Acting City Clerk Rosales called the roll.
Present:

Council Member/Committee Chair Torres-Walker and Council/Committee Member
Freitas

Staff:

Interim City Attorney, Derek Cole
Assistant City Manager, Brad Helfenberger
Acting City Clerk, Vanessa Rosales
Minutes Clerk, Kitty Eiden
Police Captain, Desmond Bittner

INTRODUCTIONS - None
PUBLIC COMMENT - None
CONSENT AGENDA
A.

CANNABIS STANDING COMMITTEE SPECIAL MEETING MINUTES FOR OCTOBER
4, 2024

B.

CANNABIS STANDING COMMITTEE SPECIAL MEETING MINUTES FOR MARCH 26,
2025

Council Member/Committee Member Freitas announced he was not present for the October 4,
2024, meeting; however, he would move to approve the minutes as to form.
Interim City Attorney Cole confirmed that Council Member/Committee Member Freitas could still
move to approve the Consent Calendar.
On motion by Council Member/Committee Member Freitas, seconded by Council
Member/Committee Chair Torres-Walker the Cannabis Standing Committee members
unanimously approved the meeting Consent Calendar.
REGULAR AGENDA
1.

REVIEW OF MUNICIPAL CODE AND OVERLAY

Interim City Attorney Cole presented the staff report dated April 23, 2025, recommending the
Cannabis Standing Committee receive the report.

A
Agenda Item #

CANNABIS COMMITTEE
Special Meeting
April 23, 2025

Page 2 of 5

A. Discussion and Direction to Staff
Following review of AMC section 9-5.3845 Cannabis Businesses, Council Member/Committee
Member Freitas expressed concern that the ordinance had not addressed the following items:
➢ The 200-foot separation criteria between retail and sensitive use in CB2.
➢ Definitions of the following:
o Excessive demands for police services
o Public Outreach and Education Program
o Administrative and Penalty Fees
➢ Processes for the following:
o Auditing and verifying the Payment and Reporting of Fees and other charges
o Monitoring and auditing the Security Plan
o Administering, implementing and auditing the AMC compliance requirements
o Tracking and monitoring the definition of “sensitive use”
o Auditing all businesses (annual/semi-annual) regarding a cost recovery
mechanism
Following review of the Cannabis Business Land Use and Operational Guidelines, the Cannabis
Standing Committee provided the following direction:
➢
➢
➢
➢
➢
➢
➢
➢
➢
➢
➢
➢
➢
➢
➢

Identify Cannabis Consultants
Review Master Fee Schedule to determine if fees are adequate
Basic Standards and Findings – Include 200-foot separation criteria
Basic Standards and Findings (e)(1) – provide examples of “other public services”
Basic Standards and Findings (e)(1) – consider mandatory requirement that applicants
enter into development agreements
Guidelines – consider replacing “should” with “shall” throughout the document
Guidelines – monitoring process for continued compliance with building code standards
Define requirements by state and local standards
Cameras – identify a mechanism to fund APD remote access
Inspections – identify a process
Edibles – process for determining if cannabis businesses were obtaining necessary
permits
Location and Separation – Add requirements for 200-foot separation
Describe operational plan for delivery services
Describe how commercial cultivation cannabis facilities are cleaned
Cannabis Retail – Clarify that cannabis use on site shall not be permissible

B. Public Comment
Leslie May supported revisiting the language within the ordinance and recommended a change
from “should” to “must”. She also suggested providing inspection guidelines to ensure
compliance. She endorsed cost recovery for inspections and APD responses. Additionally, she
recommended that Social Equity Partners be revisited periodically. She requested the

CANNABIS COMMITTEE
Special Meeting
April 23, 2025

Page 3 of 5

development of public outreach and education programs for AUSD. Furthermore, she
emphasized the need for additional guidelines concerning water runoff.
C. Discussion and Direction to Staff
Council Member/Committee Member Freitas mentioned the header on the second page of
October 4, 2024, minutes was incorrect.
In response to Council Member/Committee Member Freitas, Council Member/Committee Chair
Torres-Walker confirmed that Bakery Antioch LLC’s request to transfer ownership was
forwarded to Council for consideration.
Council Member/Committee Member Freitas requested that staff report back to the Cannabis
Standing Committee, articulating the policy questions, assessing whether the fee was adequate,
and defining what constitutes excessive demand for police services.
Council Member/Committee Chair Torres-Walker also requested a report on the status of
operators and the City's compliance with local and state standards.
2.

STATUS UPDATE OF PERMITTED CANNABIS OPERATIONS WITHIN THE CITY
A. Revenue Report

Assistant City Manager Helfenberger presented the staff report dated April 23, 2025, and
reviewed the list of pending and approved cannabis businesses.
Council Member/Committee Member Freitas and Council Member/Committee Chair TorresWalker expressed interest in touring each cannabis business.
Council Member/Committee Chair Torres-Walker provided a background of the Social Equity
Program.
Council Member/Committee Member Freitas felt the Cannabis Standing Committee needed to
review the Social Equity Program and the relationship between the nonprofits and operators.
B. Public Comment
Leslie May suggested the City consider increasing taxes on cannabis businesses. She also
requested regular reports from the Social Equity partners and suggested expanding the nonprofits eligible to apply.
C. Discussion and Direction to Staff
Council Member/Committee Chair Torres-Walker stated it was good to have a fresh perspective
regarding Cannabis operations in Antioch.

CANNABIS COMMITTEE
Special Meeting
April 23, 2025

Page 4 of 5

Council Member/Committee Member Freitas discussed the possibility of the Cannabis Standing
Committee operating in a manner similar to the CDBG Committee, including processes for
interviews and making recommendations.
3.

ANTIOCH POLICE DEPARTMENT PRESENTATION ON SERVICE CALLS AND
SECURITY REVIEW
A. Presentation

Captain Bittner gave an overview of APD’s involvement in the cannabis operational security
guidelines as well as the application, review, monitoring and inspection processes. He reported
that APD did not have the bandwidth to monitor remote access, and the businesses were close
enough for APD to respond faster in person. He reviewed the calls for service and noted that
they were very minimal.
Council Member/Committee Member Freitas recommended an annual inspection process.
Captain Bittner reported the goal was to have businesses fund a consultant to perform annual
inspections, and this approach was recommended. He stated the security plans were working
and suggested Council consider allowing for live monitoring from an offsite security company
instead of the presence of a physical guard after hours. He noted if the businesses were
complying with all security guidelines, he would also support a pilot program to extend their hours
of operation.
Council
Member/Committee
recommendations.

Chair

Torres-Walker

supported

Captain

Bittner’s

B. Public Comment
Leslie May suggested the operators pay a fee for APD’s response to calls for service. She also
suggested taxing businesses with approved applications that have not followed through with
developing their projects.
C. Discussion and Direction to Staff
Council Member/Committee Chair Torres-Walker suggested the Committee discuss the issue of
retroactive policies.
Council Member/Committee Member Freitas stated the Committee would be educating
themselves and making recommendations with regards to the ordinance. He stated they would
need to discuss legal options for grandfathering existing businesses, and oversaturation of
cannabis businesses.

CANNABIS COMMITTEE
Special Meeting
April 23, 2025

4.

Page 5 of 5

DISCUSSION REGARDING FUTURE AGENDA ITEMS
A. Public Comment - None
B. Discussion and Direction to Staff

The Cannabis Standing Committee requested the following future agenda items:
➢
➢
➢
➢

A tour of the cannabis businesses
Social Equity Review (process, revenue generation)
Scheduling a meeting with operators and the social equity partners to gather feedback
Discussion on oversaturation

Council Member/Committee Chair Torres-Walker requested staff prioritize the following future
agenda items:
➢
➢
➢
➢
➢

Information on the Community Education Program
A tour of the Cannabis Businesses
Social Equity Program Presentations
Social Equity Process
Cannabis Ordinance Review

Council Member/Committee Chair Torres-Walker requested staff provide the Committee with a
list of the agenda items requested and a proposed timeline for bringing those items to the
Committee.
ADJOURNMENT
Council Member/Committee Chair Torres-Walker adjourned the meeting at 8:11 P.M.
Respectfully submitted:

Kitty Eiden
KITTY EIDEN, Minutes Clerk

CANNABIS STANDING COMMITTEE
Special Meeting
1:00 P.M.

August 20, 2025
Council Chambers

ROLL CALL
Council Member/Committee Chair Torres-Walker called the meeting to order at 1:00 P.M. and
Acting City Clerk Cabrera-Brown called the roll.
Present:

Council Member/Committee Chairperson Torres-Walker and Council/Committee
Member Freitas

Staff:

Assistant City Manager, Brad Helfenberger
Interim City Attorney, Derek Cole
Economic Development Program Manager, Brett Sweet
Acting Director of Public Safety and Community Resources, Monserrat Cabral
Principal Planner, Kevin Scudero
Acting City Clerk, Stephanie Cabrera-Brown
Minutes Clerk, Kitty Eiden

CONSENT AGENDA
A.

APPROVAL OF CANNABIS STANDING COMMITTEE SPECIAL MEETING MINUTES
FOR APRIL 23, 2025

On motion by Council/Committee Member Freitas seconded by Council/Committee Chair
Torres-Walker, the Cannabis Standing Committee unanimously continued the meeting minutes
for April 23, 2025.
REGULAR AGENDA
1.

DISCUSSION REGARDING THE PURPOSE AND FUNCTION OF THE CANNABIS
BUSINESS AND LAND USE OPERATIONAL GUIDELINES

Interim City Attorney Cole introduced Regular Agenda Item #1.
Economic Development Program Manager Sweet and Principal Planner Scudero presented the
staff report and PowerPoint presentation dated August 20, 2025, recommending the Cannabis
Standing Committee receive the report detailing the purpose and function of the cannabis
business and land use operation guidelines and processes.
A. Public Comment - None
B. Discussion and Direction to Staff

B

Agenda Item #

CANNABIS COMMITTEE
Special Meeting
August 20, 2025

Page 2 of 3

Discussion ensued regarding the Cannabis Business Land Use and Operation Guidelines with
Council/Committee Member Freitas providing the following direction:
 Prioritize updating the Cannabis Ordinance and Guidelines to be consistent and reflecting
current state and federal requirements.
 Standardized provisions for obtaining an operating agreement
 Investigate whether the deposit needs to be updated to reflect current costs.
 Delete any items deemed unnecessary
 Identify who is monitoring operations for compliance
 Require annual or semiannual compliance reviews
 Create a fund from cannabis revenue to fund audits and compliance monitoring
Principal Planner Scudero stated he would reach out to the Antioch Police Department (APD) to
schedule annual security audits.
Council Member/Committee Chairperson Torres-Walker requested audits by APD be performed
in plain clothes.
Interim City Attorney Cole stated he would review the Ordinance and Guidelines and bring back
redline versions in a workshop format for the Committee to review.
Council Member/Committee Chairperson Torres-Walker stated it was important to discuss
whether Code Enforcement needed to increase staffing to monitor compliance.
2.

INTRODUCTION TO THE SOCIAL EQUITY COMPONENT OF CITY'S CANNABIS
PROGRAM
A. Public Comment - None
B. Discussion and Direction to Staff

Acting Director of Public Safety and Community Resources Cabral presented the staff report
dated August 20, 2025, recommending the Cannabis Standing Committee receive a report and
hold a discussion on the Social Equity component of the City’s Cannabis Program.
Council/Committee Member Freitas suggested establishing a formalized process to interview
Social Equity partners biennially, expand outreach to additional 501(c)(3) organizations serving
Antioch residents, and develop criteria to evaluate effectiveness.
Council Member/Committee Chairperson Torres-Walker stated she would support a biennially
interview process and questioned if there was an opportunity to make the process retroactive.
Interim City Attorney Cole responded that he would have to research whether existing operators
could be subject to a new requirement.
Council/Committee Member Freitas suggested revisiting the application and requested a report
out from community-based organizations.

CANNABIS COMMITTEE
Special Meeting
August 20, 2025

Page 3 of 3

Assistant City Manager Helfenberger stated he could provide the Committee with financials for
the Social Equity Programs and revenue from the Operators.
3.

WORKPLAN AND PRIORITIZATION OF ITEMS TO BE CONSIDERED IN FUTURE
SUBCOMMITTEE MEETINGS
A. Public Comment – None
B. Discussion and Direction to Staff

The Cannabis Standing Committee requested the following future agenda items:
 Synergy Between the Ordinance and Guidelines
 Follow-up from APD on the Ordinance’s Security Standards
 City Process for Ensuring Compliance (staff to provide options for annual or semi-annual
audits)
 Add to the Cannabis Standing Committee Consent Calendar - Quarterly Cannabis
Business Financials
 Update on AB-564
 Biannual Updates on Cannabis Operations
 Tour of Cannabis Businesses
 Updated Social Equity Review
 Introductory Meeting with Operators and Social Equity Partners
 Discussion on Oversaturation
 Update on the Community Education Program
The Cannabis Standing Committee agreed to hold their next meeting on September 17 or 24,
2025. Council/Committee Member Freitas announced that he had another meeting at 4:00 P.M.
on September 24, 2025; however, the Committee meeting could be scheduled before or after
that event.
ADJOURNMENT
On motion by Council/Committee Member Freitas, seconded by Council Member/Committee
Chairperson Torres-Walker the Cannabis Standing Committee unanimously adjourned the
meeting at 2:32 P.M.

Respectfully submitted:

Kitty Eiden
KITTY EIDEN, Minutes Clerk

STAFF REPORT TO THE CANNABIS STANDING COMMITTEE
DATE:

Meeting of February 19, 2026

TO:

Committee Chair Torres-Walker and Councilmember Freitas

SUBMITTED BY:

Kevin Scudero, Principal Planner

SUBJECT:

Discussion Regarding the Cannabis Business and Land Use
Operational Guidelines Modifications

RECOMMENDED ACTION
It is recommended that the Cannabis Committee recommend to the City Council approval
of the proposed modifications to the Cannabis Business and Land Use Operational
Guidelines.
FISCAL IMPACT
There is no fiscal impact to receiving this report.
BACKGROUND
With the passage of Proposition 64 in November of 2016, California residents over the
age of 21 can legally use marijuana without a medicinal card if not in a public place.
Californians can carry and use up to one ounce of marijuana and grow up to six plants
for personal use. Recreational sales of marijuana did not go into effect until January 1,
2018. The possession, sale and distribution of cannabis is now legal under California
State law, subject to provisions contained in the law, including a state licensing
requirement.
On May 2, 2018, the Planning Commission recommended to the City Council approval of
an Ordinance amending Title 9, Chapter 5 of the Antioch Municipal Code, thereby
creating new provisions for the consideration of cannabis businesses in the City of
Antioch. The City Council introduced the ordinance on May 22, 2018 and approved the
ordinance on June 26, 2018. The ordinance went into effect on July 26, 2018. The Code
Amendment established new definitions, imposed basic standards, and created a new
Cannabis Business (CB) Zoning Overlay District. Within the CB Zoning Overlay District,
a party may apply for a Use Permit from the City Council for the establishment of a
Cannabis Business. Unlike the typical use permit process, a cannabis use permit must
be reviewed by the City Council after a recommendation by the Planning Commission.
On September 11, 2018, the Antioch City Council adopted Cannabis Guidelines by
approval of Resolution No. 2018/117. The purpose of the guidelines is to provide the

1

Agenda Item #

Cannabis Committee Report
February 19, 2026 Agenda Item # 1

2

public and potential applicants with the City of Antioch’s general expectations relating to
the design and operation of a Cannabis Business.
On October 27, 2020, the Antioch City Council adopted Amendments to the Cannabis
Business Ordinance by approval of Ordinance No. 2191-C-S. The purpose of the
amendments was to provide a definition of Commercial Cannabis Use, replace the
requirement for a development agreement with a requirement for an operating
agreement, and specify the minimum conditions of an operating agreement.
On October 26, 2021 the Antioch City Council adopted Amendments to the Cannabis
Business Ordinance by approval of Ordinance No. 2199-C-S. The purpose of the
amendments was to allow retail cannabis dispensaries in the Downtown Specific Plan
area and the Somersville District, to modify the definition of sensitive uses to match state
standards, and to establish location restrictions in each of the areas between retail
cannabis businesses and between a cannabis business and a sensitive use.
DISCUSSION
The cannabis guidelines are intended to express the City’s high expectations for
operation, design, and security features that, when implemented, will minimize the
operational impacts of cannabis businesses to the community and the City of Antioch.
The guidelines are written as “should” statements because they are not statutory
regulations in this form. However, the guidelines are converted to Conditions of Approval
for an application presented to the Planning Commission and City Council. At that time,
they become absolute requirements. This approach offers flexibility to address varying
applications and also allows for easy modification of the guidelines by the City Council, if
needed. General conformance to these guidelines are required in order for the City to
make the findings for approval of a use permit.
At the August 20, 2025 Cannabis Standing Committee meeting the guidelines were
reviewed and it was noted that there are inconsistencies between the guidelines and the
current Cannabis ordinance. This was because the guidelines also restated sections of
the original cannabis ordinance and while the ordinance has been amended multiple
times over the years the guidelines were never amended to reflect those changes. To
address this issue, staff is proposing a version of the guidelines that removes all
references to the cannabis standards codified in the Antioch Municipal Code and instead
includes the current ordinance as an attachment to the guidelines. This will prevent any
future inconsistencies in the guidelines when the Antioch Municipal Code is amended and
will also provide clear direction to potential Cannabis operators on what the City standards
and guidelines are for Cannabis operations in the City of Antioch. A red-lined and clean
version of the proposed guidelines are included as attachments to the staff report.
ATTACHMENTS
A. Cannabis Guidelines Red-lined Version
B. Cannabis Guidelines Clean Version

ATTACHMENT A

CANNABIS BUSINESS LAND USE
AND OPERATIONAL GUIDELINES

City of Antioch
Community Development Department
200 H Street, 2nd Floor
Antioch, CA
(925) 779-7035
Adopted by the City Council on September 11, 2018

ATTACHMENT A

I

Background
On May 22, 2018, the Antioch City Council introduced an Ordinance amending Title 9, Chapter 5 of
the Antioch Municipal Code, thereby creating new provisions for the consideration of cannabis
businesses in the City of Antioch. The Ordinance was read again on June 26 and became final on
July 26, 2018. Subsequent amendments to the Ordinance were made in 2019, 2020 and 2021. A copy
of the current Ordinance is contained in this document. The Code Amendments established new
definitions, imposed basic standards, and created a new Cannabis Business (CB) Zoning Overlay
District. Within the CB Zoning Overlay District, a party may apply for a Use Permit from the City
Council for the establishment of a Cannabis Business.

Process

r

The process for applying for a Use Permit for a Cannabis Business is as follows:

Submit
Application

IT

Staff
Review

•Application
Form
•Plans, etc.
•

I

Fees

""

r

Planning

Commission

..,.

City Council

�

City Council decisions are not appealable. City staff may, at its discretion, elect to use outside
consultants to process an application. In such a case, the applicant is required to pay the full cost of
the consultant contract prior to initiation of the work.
City staff may request a pre-application meeting with the applicant and property owner to discuss the
proposal prior to a formal submittal.

Fees
The fee for an application for a Use Permit for a Cannabis Business is established in the Master Fee
Schedule. As of July 1, 2018, a $2,000 deposit is required and all subsequent costs are based on
expended time and materials. If an outside consultant is used, the applicant will be responsible for the
entire cost of the consultant contract and any additional staff time and materials.

Definitions
The following definitions are established in Section 9-5.203 of the Antioch Municipal Code.
Cannabis Business. A person, partnership, corporation, company, association, collective, or
cooperative which engages in commercial cannabis use(s).

I

Cannabis Retail. A cannabis business that distributes, dispenses, stores, exchanges, packages, repackages, labels, sells, makes available, transmits, or gives away cannabis or cannabis products for
either medical or recreational use and is operated in accordance with state and local laws and
regulations. Cannabis retail includes, but is not limed to, selling and/or delivering cannabis or cannabis
products as part of a sale, pursuant to a Type 10 cannabis license, or a cannabis license subsequently
established.
1

ATTACHMENT A
Cannabis. All parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or
any other strain or varietal of the genus Cannabis that may exist or be discovered, or developed, that
has psychoactive or medical properties, whether growing or not, including but not limited to the seeds
thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound,
manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also
means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" also means
marijuana as defined by California Health and Safety Code section 11018 and Business and
Professions Code section 26001(f), as both may be amended from time to time. Any reference to
cannabis or cannabis products should include medical and nonmedical cannabis and medical and
nonmedical cannabis products, unless otherwise specified. Cannabis or cannabis product does not
mean industrial hemp as defined by Health and Safety Code section 11018.5, or the weight of any other
ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other
product. Cannabis does not include the mature stalks of the plant; fiber produced from the stalks; any
compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin
extracted there from); fiber, or the sterilized seed of the plant which is incapable of germination.

I

Cannabis Product. Cannabis that has undergone a process whereby the plant material has been
transformed into concentrate, including, but not limited to concentrated cannabis, or an edible or topical
product containing cannabis and other ingredients.

Amendments
These Guidelines may be amended if initiated by the City Council, Planning Commission or City staff.
Amendments require approval by the City Council.

Basic Standards and Findings
Within the newly-adopted Ordinance are basic standards for operation for Cannabis Businesses. They
are as follows:

I

A cannabis business shall be located no closer than 600' from the following:
(1)
Any private or public school serving students grade kindergarten through high school;
Any public park owned or operated by the City of Antioch;
(2)
Any property occupied by a residential land use or with a residential or General Plan Land
(3)
Use Designation or zoning designation.
When an application is received and determined to be complete, staff will make a recommendation to
the Planning Commission and, ultimately, the City Council. The basis of this recommendation will be
the ability to make the required findings for a Use Permit, which are as follows:

(a) That the granting of such use permit will not be detrimental to the public health or welfare
or injurious to the property or improvements in such zone or vicinity;
(b) That the use applied for at the location indicated is properly one for which a use permit is
authorized;
(c) That the site for the proposed use is adequate in size and shape to accommodate such
use, and all yard spaces, walls, fences, parking, loading, landscaping, and other features
required, to other uses in the neighborhood;
That the site abuts streets and highways adequate in width and pavement type
(d)(a)
to carry the kind of traffic generated by the proposed use; and
2

I

ATTACHMENT A

I

(e) That the granting of such use permit will not adversely affect the comprehensive
General Plan.
In addition to the standard findings for approval of a Use Permit, the City Council must also make
the following finding for a Cannabis Business.
(1) That the location and site characteristics of the proposed cannabis business are consistent
with all applicable State laws and City standards or guidelines, that all provisions have been
made to ensure that the operation of the cannabis business will not create excessive demands for
police service or other public services, and that the cannabis business will benefit the City of
Antioch.
In order for the City to make the unique finding for a Cannabis Business, the City of Antioch may
ask that the applicant enter into a Development Agreement to impose additional financial
obligations on the Cannabis Business to address anticipated increased costs to provide necessary
City services, including police.

Cannabis Business Overlay District Map
A Cannabis Business Use Permit Application may be accepted for properties within the Cannabis
Business (CB) Zoning Overlay District, shown in green on the following maps:

I

I

3

ATTACHMENT A

2
1
WILBUR AVE

A ST

1

W 10TH ST

§
¨
¦

3

160

§
¨
¦
4

Legend
Cannabis Overlay

¯

ATTACHMENT A

I

Purpose and Applicability

Guidelines

The purpose of these guidelines is to provide the public with the City of Antioch's general expectations
relating to the design and operation of a Cannabis Business. These guidelines were adopted by the
Antioch City Council on September 11, 2018 by Resolution No. 2018/117*. These guidelines will form
the basis of a staff recommendation to the Planning Commission and City Council and will contribute
to the written findings for approval. In addition, these guidelines will be required, as appropriate, as
Conditions of any forthcoming approval. Conformance to all State regulations is mandatory and cannot
be modified by Use Permit.

Security
1. Cannabis Businesses should provide adequate security on the premises, including any on-site
security, lighting and alarms, to insure the public safety and the safety of persons within the facility
and to protect the premises from theft.
2. All Cannabis Businesses should provide at least one, State-licensed, security guard on the
premises during hours of operation.

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3. Building Security. All points of ingress and egress to a Cannabis Business should be secured with
Building Code compliant commercial-grade, non-residential door locks and/or window locks.
Cannabis Retail businesses should contain crash barriers, such as bollards, to separate parking
or vehicle-accessible areas, from storefronts.
4. Emergency Access. Security measures should be designed to ensure emergency access is
provided to the Police Department and Fire Department for all areas on the premises in the case
of an emergency.
5. Cameras. Security surveillance video cameras should be installed and maintained in good working
order to provide coverage on a twenty-four (24) hour real-time basis of all internal and exterior
areas where Cannabis is cultivated, weighed, manufactured, packaged, stored, transferred, and
dispensed. The cameras should allow for remote access to be provided to the Antioch Police
Department. The security surveillance cameras should be oriented in a manner that provides clear
and certain identification of all individuals within those areas. Cameras should remain active at all
times and should be capable of operating under any lighting condition. Security video must use
standard industry format to support criminal investigations and should be maintained for sixty (60)
days.

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6. A professionally monitored security alarm system should be installed and maintained in good
working condition. The alarm system should include sensors to detect entry and exit from all secure
areas and all windows. Cannabis Businesses should keep the name and contact information of the
alarm system installation and monitoring company as part of the Commercial Cannabis Business's
onsite books and records. Cannabis Operators should also identify a local contact who will be
responsible for addressing security and safety issues and should provide and keep current that
contact information to the Police Department as part of the permitting process.
7. Cannabis products and associated product manufacturing, distribution or cultivation waste should
be stored and secured in a manner that prevents diversion, theft, loss, hazards and nuisance.
7

ATTACHMENT A
8. Signs should be used sparingly and should not state that cannabis or cannabis products are
stored, sold or handled on the site. Images of cannabis leaves, green crosses, or similar
commonly-identifiable graphics should be avoided. Text signage is preferable.
9. A secured, gated or enclosed area for receipt and delivery of inventory should be provided.

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10. Hours of operation for retail uses should be limited to between 8:00 am and 8:00 pm.

Inspections
11. Inspections. During regular business hours, all Cannabis Business premises should be accessible,
upon request, to an authorized city employee or representative for random and/or unannounced
inspections.

Odor Control
12. All Cannabis Businesses should incorporate and maintain adequate on-site odor control measures
such that the odors as a result of cultivation, manufacturing, distribution, transport or sales of
Cannabis and Cannabis-related products cannot be readily detected from outside of the structure
in which the Business operates or from other non-Cannabis businesses adjoining the Commercial
Cannabis Business.

Manufacturing
13. Loop Systems. No closed loop ventilation systems should be utilized without prior inspection and
approval of the City's Building Official and Fire Code Official.
14. Standards of Equipment. Manufacturing, processing and analytical testing devices used by the
Cannabis Manufacturer must be UL (Underwriters Laboratories) listed or otherwise certified by an
approved third-party testing agency or engineer and approved for the intended use by the City's
Building Official and Fire Code Official. Such compliance shall be demonstrated to the satisfaction
of the Building Official prior to occupancy of the site.

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15. Edible Product Manufacturing. Commercial Cannabis Businesses that sell or manufacture edible
cannabis products should obtain any necessary permits from the Contra Costa County
Environmental Health Division and/or other permitting body. Permit holders should comply with
State and County health permit requirements. These requirements provide a system of prevention
and overlapping safeguards designed to minimize foodborne illness, ensure employee health,
demonstrate industry manager knowledge, ensure safe food preparation practices and delineate
acceptable levels of sanitation for preparation of edible products.

Location and Separation
16. Separation. Per the Antioch Municipal Code, any Cannabis Business must be located at least 600'
from the following:
• Any private or public school serving students grade kindergarten through high school;
• Any public park owned or operated by the City of Antioch;
• Any property occupied by a residential land use or with a residential or General Plan Land Use
Designation or zoning designation.
8

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ATTACHMENT A

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This separation will be measured from the furthest extent of the Cannabis Business operation,
which may be a building wall, property line, parking lot boundary or other feature.

17.
Buffers. In addition to the basic separation requirements, all Cannabis Retail businesses
should reflect the following:
• Overconcentration. To avoid overconcentration, a Cannabis Retail business, as defined,
should not be located within 600 feet of any other Cannabis Retail business within the City. This
separation does not apply to non-retail Cannabis Businesses; a Cannabis Retail business and a nonretail Cannabis Business may be located on the same site or within close proximity.
• Legal Non-Conforming Use. Establishment of a school or sensitive land use, as defined in
Business and Professions Code Section 26054 and Health and Safety Code Section 11362.
768, within the required buffer of a Cannabis Business after such facility has obtained a Conditional
Use Permit shall render the Cannabis Retail business a legally non-conforming use.

Delivery Services
18.16.
If delivery services will be provided as part of the Cannabis Retail business, the application
should describe the operational plan and specific extent of such service, security protocols, and
how the delivery services will comply with the requirements set forth in state law.
19.17.
Delivery vehicles should not contain identifiable markings that associate the delivery
service with the cannabis business.

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Delivery services operating within the City of Antioch, but whose physical place of
20.18.
business is located outside of the City of Antioch is not governed by this Ordinance.

21.19.
A Cannabis Business, including delivery, may not be operated through a Home
Occupation Use Permit or from a residential building.

Cultivation
22.20.
The commercial cultivation of Cannabis should only be conducted within a fully enclosed
space.
23.21.
Pesticides. The Cultivation of Cannabis must be conducted in accordance with all
applicable federal, state, and local laws and regulations governing the use of pesticides. Any
fumigation or insecticidal fogging should comply with the California Fire Code Chapter 26
(Fumigation and Insecticidal Fogging).

Cannabis Retail

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24.22.
Cannabis Retail businesses should comply with the following operational requirements:
• No person should be permitted to enter a Cannabis Retail business without government issued
photo identification. All persons entering the business must be at least 21 years of age. A
Cannabis Retail business should not provide Cannabis or Cannabis Products (Medical or NonMedical) to any person, whether by purchase, trade, gift or otherwise, who does not possess
a valid government-issued photo identification card or a valid physician's recommendation
under Section 11362.712 of the Health and Safety Code. The operator should have an
electronic device to read and validate valid identification cards and driver's licenses.
9

ATTACHMENT A
•

•
•
•
•

•

•

•

•

Hours of Operation. A Cannabis Retail business may operate up to seven (7) days per week
with the hours of operation determined by the City Council with the issuance of a Conditional
Use Permit. The City may impose more restrictive hours of operation due to site-specific
conditions or as the result of excessive and extraordinary calls for service, as determined by
the City's Police Department.
Smoking or ingestion of cannabis products on-site are discouraged. If it is proposed, there
should be a complete description of the operation included.
Secured Access. A Cannabis Retail business should be designed to prevent unauthorized
entrance into areas containing Cannabis or Cannabis Products. Limited access areas
accessible to only authorized personnel should be established.
Product Storage. Cannabis Products that are not used for display purposes or immediate sale
should be stored in a secured and locked room, safe, or vault, and in a manner reasonably
designed to prevent diversion, theft, and loss.
Cannabis Paraphernalia. No Cannabis Retail business should sell or display any cannabis
related paraphernalia or any implement that may be used to administer Cannabis or Cannabis
Products unless specifically described and authorized in the Conditional Use Permit. The sale
of such products must comply with any other applicable state regulations.
Site Management. The Cannabis Retail business operator should take reasonable steps to
discourage and correct objectionable conditions that constitute a nuisance in parking areas,
sidewalks, alleys and areas surrounding the premises during business hours if directly related
to the patrons of the subject retailer. For purposes of this subsection, "Reasonable steps"
should include calling the police in a timely manner; and requesting those engaging in nuisance
activities to cease those activities, unless personal safety would be threatened in making the
request. In addition, "Reasonsable steps" should also include regular maintenance of the entire
property, including daily pick-up of trash, regular site maintenance, cover up of graffiti, etc.
Permit Display. All Cannabis Retail businesses should maintain a copy of the Cannabis
Business Use Permit and City of Antioch Business License issued by the City, as well as any
other State and/or County licences, on display during business hours and in a conspicuous
place so that they may be readily seen by all persons entering the facility.
Storefront Entrance & Accessibility. The storefront entrance of a Cannabis Retail business
should be ADA accessible and placed in a visible location that provides an unobstructed view
from the public right-of-way. No signs, tinting, or other graphic material may be used to obscure
the storefront windows.
Drive-through, Drive-up or walk-up window services in conjunction with Cannabis Retail
business are strongly discouraged.

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1

Permit Revocation or Modification
The City Council may require modification, discontinuance or revocation of a Conditional
25.23.
Use Permit for a Cannabis Business if it finds that the use is operated or maintained in a manner
that it:
• Adversely affects the health, peace or safety of persons living or working in the surrounding
area;
• Contributes to a public nuisance; or
• Has resulted in excessive nuisance activities including disturbances of the peace, illegal drug
activity, diversion of Cannabis or Cannabis Products, public intoxication, smoking in public,
harassment of passerby, littering, or obstruction of any street, sidewalk or public way; or
• Has resulted in or has been the target of criminal activity requiring undue attention and
dedication of Antioch Police Department resources; or
10

I

ATTACHMENT A
•

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Violates any provision of the Municipal Code or condition imposed by a City issued permit, or
violates any provision of any other local, state, regulation, or order, including those of state law
or violates any condition imposed by permits or licenses issued in compliance with those laws.

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11

ATTACHMENT A

§ 9-5.3845 CANNABIS BUSINESSES.

A cannabis business may be established within any of the Cannabis Business (CB) Zoning Overlay Districts only under all
of the following conditions:
(A) A cannabis business may be established only under the conditions set forth herein. No other cannabis business or
commercial cannabis use shall be allowed within the city except as authorized by this article.
(B) A use permit from the City Council is required for all cannabis businesses. The application for the use permit shall be
considered by the Planning Commission which shall make a recommendation to the City Council.
Prior to operating in the city and as a condition of issuance of a use permit, the operator of each cannabis business shall
enter into and maintain compliance with an operating agreement, setting forth the terms and conditions under which the
cannabis business will operate. Such requirements for the cannabis business operator shall include, but are not limited to,
the following:
(1) Providing a public outreach and education program;
(2) Implementing and maintaining a social equity program;
(3) Payment and reporting of fees and other charges, which may be imposed on gross receipts and/or square footage
of cultivation, or such other methodology as determined by the City Council;
(4) Implementing and maintaining a security plan to be approved by the Chief of Police;
(5) Implementing and maintaining an odor control and mitigation plan;
(6) Payment of fees and charges including, but not limited to administrative and penalty fees;
(7) Record keeping;
(8) Compliance with city’s requirements for periodic review and audit of the cannabis business's operations and related
matters;
(9) Insurance coverage as required by the city;
(10) Indemnification of the city, its officers, officials, employees, agents and consultants;
(11) Assignability;
(12) Procedures for amendment of the operating agreement;
(13) Hours of operation;
(14) Signage;
(15) External lighting; and
(16) Such other terms and conditions that will protect and promote the public health, safety, and welfare.
(C) In addition to the standard findings for approval of a use permit, the City Council shall make the following additional
finding in support of approval of a use permit for a cannabis business.
(1) That the location and site characteristics of the proposed cannabis business are consistent with all applicable state
laws and city standards or guidelines, that all provisions have been made to ensure that the operation of the cannabis
business will not create excessive demands for police service or other public services, and that the cannabis business will
benefit the city.
(D) Cannabis businesses may be established as described in Table A.
TABLE A
Overlay District

License Types Permitted

Permit Requirement

CB 1

1, 1A, 1B, 1C, 2, 2A, 2B, 3, 3A, 3B, 4, 5,
5A, 5B, 6, 7, 8, 10, 11, 12

City Council Use Permit

CB 2

10

City Council Use Permit

CB 3

10

City Council Use Permit

(1) License type 7 is not allowed in multi-tenant buildings in CB 1.
(E) The separation requirements for the Cannabis Business Overlay Zoning Districts shall be as described in Table B:
TABLE B

ATTACHMENT A

Overlay District

Between Retail Uses

From Sensitive Use

CB 1

600'

600'

CB 2

200'

200'

CB 3

600'

600'

(1) Notwithstanding § 9-5.3845(E), the city shall have the discretion to decrease the 600-foot restriction without
requiring a variance when significant barriers (such as large roadways, railroad tracks, or similar buffers) exist between the
proposed retail cannabis business and the existing use identified in § 9-5.3845(D)(4).
(2) Solely as to CB 2, the term "sensitive use" shall not include any property located within the city's boundaries and
occupied by a city residential land use or designated by the city as residential in the city's general plan or zoning ordinance.
(3) The separation requirements referenced in § 9-5.3845(E) for sensitive uses shall be measured property line to
property line. The separation requirements referenced in § 9-5.3845(E) for retail businesses shall be measured between the
primary entrance/exit for the business' customers for each retail business.
(F) Applicants to operate cannabis businesses, as well as current cannabis businesses, shall pay their share of city fees,
charges, and other costs of city staff and consultants (including outside legal counsel) for matters relating to their application
and business (e.g., conditional use permit, operating agreement, and any modification or implementation thereof). The
applicant shall make a cash deposit with the city in an amount to be determined by the City Attorney. The city shall return
any unused deposit; the business applicant/operator shall pay any amount greater than the original deposit. The
applicant/operator may have to make more than one deposit.
(Ord. 2143-C-S, passed 6-26-18; Am. Ord. 2165-C-S, passed 4-23-19; Am. Ord. 2191-C-S, passed 10-27-20; Am. Ord.
2199-C-S, passed 10-26-21)

ATTACHMENT A

CANNABIS DEFINITIONS CODIFIED IN AMC § 9-5.203
CANNABIS. All parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis
ruderalis, or any other strain or varietal of the genus Cannabis that may exist or be
discovered, or development, that has psychoactive or medical properties, whether growing
or not, including but not limited to the seeds thereof; the resin, whether crude or purified,
extracted from any part of the plant; and every compound, manufacture, salt, derivative,
mixture, or preparation of the plant, its seeds, or resin. CANNABIS also means the
separated resin, whether crude or purified, obtained from cannabis. CANNABIS also means
marijuana as defined by Cal. Health and Safety Code § 11018 and Cal. Bus. and Prof. Code §
26001(f), as both may be amended from time to time. Any reference to cannabis or
cannabis products shall include medical and nonmedical cannabis and medical and
nonmedical cannabis products, unless otherwise specified. Cannabis or cannabis product
does not mean industrial hemp as defined by Cal. Health and Safety Code § 11018.5, or the
weight of any other ingredient combined with cannabis to prepare topical or oral
administrations, food, drink, or other product. Cannabis does not include the mature stalks
of the plant; fiber produced from the stalks; any compound, manufacture, salt, derivative,
mixture, or preparation of the mature stalks (except the resin extracted therefrom); fiber,
or the sterilized seed of the plant which is incapable of germination.
CANNABIS BUSINESS. A person, partnership, corporation, company, association,
collective, or cooperative which engages in commercial cannabis use(s).

CANNABIS DELIVERY. A cannabis business that offers delivery of cannabis or cannabis
products for either medical or recreational use and is operated in accordance with state
and local laws and regulations, pursuant to a Type 9 cannabis license, or a cannabis license
subsequently established. Cannabis delivery includes, but is not limited to, delivering
cannabis directly to retail or wholesale customers or to other recipients with or without
compensation and specifically excludes any on-site retail use. If retail use exists on the
same site, the entire land use shall be classified as cannabis retail and subject to the
provisions thereof.

CANNABIS PRODUCT. Cannabis that has undergone a process whereby the plant material
has been transformed into concentrate, including, but not limited to concentrated cannabis,
or an edible or topical product containing cannabis and other ingredients.

CANNABIS RETAIL. A cannabis business that sells or delivers cannabis or cannabis
products for either medical or recreational use and is operated in accordance with state
and local laws and regulations. Cannabis retail includes, but is not limited to, selling
cannabis or cannabis products, pursuant to a Type 9 or 10 cannabis license (but not a Type
12 microbusiness), or a cannabis license subsequently established for a similar or related
purpose.

ATTACHMENT A

COMMERCIAL CANNABIS USE. Any commercial cannabis activity which is or may be
licensed pursuant to state law including, but not limited to, cultivation, possession,
distribution, laboratory testing, labeling, retail, delivery, sale, or manufacture of cannabis
or cannabis products. COMMERCIAL CANNABIS USE shall not include legal cannabis
activities carried out exclusively for one’s personal use that do not involve commercial
activity or sales and that do not require a state license or permit.
SENSITIVE USE.

(1) Any school providing instruction in kindergarten or any grades 1 through 12;

(2) A day care center which is a child day care facility other than family day care home
and includes infant centers, preschools, extended day care facilities, school age child care
centers and child care centers licensed pursuant to Cal. Health & Safety Code § 1596.951;
(3) Youth center which is any public or private facility that is primarily used to host
recreational or social activities for minors including, but not limited to, private youth
membership organizations or clubs, social service teenage club facilities, video arcades, or
similar amusement park facilities;
(4) Any public park owned or operated by the city; or

(5) Any property located within the city's boundaries and occupied by a city residential
land use or designated by the city as residential in the city's general plan or zoning
ordinance.

ATTACHMENT B

CANNABIS BUSINESS LAND USE
AND OPERATIONAL GUIDELINES

City of Antioch
Community Development Department
200 H Street, 2nd Floor
Antioch, CA
(925) 779-7035
Adopted by the City Council on September 11, 2018

ATTACHMENT B

Background
On May 22, 2018, the Antioch City Council introduced an Ordinance amending Title 9,
Chapter 5 of the Antioch Municipal Code, thereby creating new provisions for the
consideration of cannabis businesses in the City of Antioch. The Ordinance was read again
on June 26 and became final on July 26, 2018. Subsequent amendments to the Ordinance
were made in 2019, 2020 and 2021. A copy of the current Ordinance is contained in this
document. The Code Amendments established new definitions, imposed basic standards,
and created a new Cannabis Business (CB) Zoning Overlay District. Within the CB Zoning
Overlay District, a party may apply for a Use Permit from the City Council for the
establishment of a Cannabis Business.

Process
The process for applying for a Use Permit for a Cannabis Business is as follows:

Submit
Application
•Application
Form
•Plans, etc.
•Fees

Staff
Review

Planning
Commission

City Council

City Council decisions are not appealable. City staff may, at its discretion, elect to use
outside consultants to process an application. In such a case, the applicant is required to
pay the full cost of the consultant contract prior to initiation of the work.
City staff may request a pre-application meeting with the applicant and property owner to
discuss the proposal prior to a formal submittal.

Fees
The fee for an application for a Use Permit for a Cannabis Business is established in the
Master Fee Schedule. A deposit is required and all subsequent costs are based on
expended time and materials. If an outside consultant is used, the applicant will be
responsible for the entire cost of the consultant contract and any additional staff time and
materials.

Amendments
These Guidelines may be amended if initiated by the City Council, Planning Commission
or City staff. Amendments require approval by the City Council.

Cannabis Business Overlay District Map
A Cannabis Business Use Permit Application may be accepted for properties within the
Cannabis Business (CB) Zoning Overlay District, shown in green on the following maps:

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ATTACHMENT B

3

ATTACHMENT B

Guidelines
Purpose and Applicability
The purpose of these guidelines is to provide the public with the City of Antioch’s general
expectations relating to the design and operation of a Cannabis Business. These guidelines
were adopted by the Antioch City Council on September 11, 2018 by Resolution No. 2018/117*.
These guidelines will form the basis of a staff recommendation to the Planning Commission and
City Council and will contribute to the written findings for approval. In addition, these guidelines
will be required, as appropriate, as Conditions of any forthcoming approval. Conformance to all
State regulations is mandatory and cannot be modified by Use Permit.

Security
1. Cannabis Businesses should provide adequate security on the premises, including any onsite security, lighting and alarms, to insure the public safety and the safety of persons within
the facility and to protect the premises from theft.
2. All Cannabis Businesses should provide at least one, State-licensed, security guard on the
premises during hours of operation.
3. Building Security. All points of ingress and egress to a Cannabis Business should be
secured with Building Code compliant commercial-grade, non-residential door locks and/or
window locks. Cannabis Retail businesses should contain crash barriers, such as bollards,
to separate parking or vehicle-accessible areas, from storefronts.
4. Emergency Access. Security measures should be designed to ensure emergency access
is provided to the Police Department and Fire Department for all areas on the premises in
the case of an emergency.
5. Cameras. Security surveillance video cameras should be installed and maintained in good
working order to provide coverage on a twenty-four (24) hour real-time basis of all internal
and exterior areas where Cannabis is cultivated, weighed, manufactured, packaged, stored,
transferred, and dispensed. The cameras should allow for remote access to be provided to
the Antioch Police Department. The security surveillance cameras should be oriented in a
manner that provides clear and certain identification of all individuals within those areas.
Cameras should remain active at all times and should be capable of operating under any
lighting condition. Security video must use standard industry format to support criminal
investigations and should be maintained for sixty (60) days.
6. A professionally monitored security alarm system should be installed and maintained in
good working condition. The alarm system should include sensors to detect entry and exit
from all secure areas and all windows. Cannabis Businesses should keep the name and
contact information of the alarm system installation and monitoring company as part of the
Commercial Cannabis Business's onsite books and records. Cannabis Operators should
also identify a local contact who will be responsible for addressing security and safety issues
4

ATTACHMENT B

and should provide and keep current that contact information to the Police Department as
part of the permitting process.
7. Cannabis products and associated product manufacturing, distribution or cultivation waste
should be stored and secured in a manner that prevents diversion, theft, loss, hazards and
nuisance.
8. Signs should be used sparingly and should not state that cannabis or cannabis products
are stored, sold or handled on the site. Images of cannabis leaves, green crosses, or
similar commonly-identifiable graphics should be avoided. Text signage is preferable.
9. A secured, gated or enclosed area for receipt and delivery of inventory should be provided.
10. Hours of operation for retail uses should be limited to between 8:00 am and 8:00 pm.

Inspections
11. Inspections. During regular business hours, all Cannabis Business premises should be
accessible, upon request, to an authorized city employee or representative for random
and/or unannounced inspections.

Odor Control
12. All Cannabis Businesses should incorporate and maintain adequate on-site odor control
measures such that the odors as a result of cultivation, manufacturing, distribution, transport
or sales of Cannabis and Cannabis-related products cannot be readily detected from
outside of the structure in which the Business operates or from other non-Cannabis
businesses adjoining the Commercial Cannabis Business.

Manufacturing
13. Loop Systems. No closed loop ventilation systems should be utilized without prior inspection
and approval of the City's Building Official and Fire Code Official.
14. Standards of Equipment. Manufacturing, processing and analytical testing devices used by
the Cannabis Manufacturer must be UL (Underwriters Laboratories) listed or otherwise
certified by an approved third-party testing agency or engineer and approved for the
intended use by the City's Building Official and Fire Code Official. Such compliance shall be
demonstrated to the satisfaction of the Building Official prior to occupancy of the site.
15. Edible Product Manufacturing. Commercial Cannabis Businesses that sell or manufacture
edible cannabis products should obtain any necessary permits from the Contra Costa
County Environmental Health Division and/or other permitting body. Permit holders should
comply with State and County health permit requirements. These requirements provide a
system of prevention and overlapping safeguards designed to minimize foodborne illness,
ensure employee health, demonstrate industry manager knowledge, ensure safe food
preparation practices and delineate acceptable levels of sanitation for preparation of edible
products.
5

ATTACHMENT B

Delivery Services
16. If delivery services will be provided as part of the Cannabis Retail business, the application
should describe the operational plan and specific extent of such service, security protocols,
and how the delivery services will comply with the requirements set forth in state law.
17. Delivery vehicles should not contain identifiable markings that associate the delivery service
with the cannabis business.
18. Delivery services operating within the City of Antioch, but whose physical place of business
is located outside of the City of Antioch is not governed by this Ordinance.
19. A Cannabis Business, including delivery, may not be operated through a Home Occupation
Use Permit or from a residential building.

Cultivation
20. The commercial cultivation of Cannabis should only be conducted within a fully enclosed
space.
21. Pesticides. The Cultivation of Cannabis must be conducted in accordance with all applicable
federal, state, and local laws and regulations governing the use of pesticides. Any
fumigation or insecticidal fogging should comply with the California Fire Code Chapter 26
(Fumigation and Insecticidal Fogging).

Cannabis Retail
22. Cannabis Retail businesses should comply with the following operational requirements:
• No person should be permitted to enter a Cannabis Retail business without government
issued photo identification. All persons entering the business must be at least 21 years
of age. A Cannabis Retail business should not provide Cannabis or Cannabis Products
(Medical or Non-Medical) to any person, whether by purchase, trade, gift or otherwise,
who does not possess a valid government-issued photo identification card or a valid
physician's recommendation under Section 11362.712 of the Health and Safety Code.
The operator should have an electronic device to read and validate valid identification
cards and driver’s licenses.
• Hours of Operation. A Cannabis Retail business may operate up to seven (7) days per
week with the hours of operation determined by the City Council with the issuance of a
Conditional Use Permit. The City may impose more restrictive hours of operation due
to site-specific conditions or as the result of excessive and extraordinary calls for
service, as determined by the City's Police Department.
• Smoking or ingestion of cannabis products on-site are discouraged. If it is proposed,
there should be a complete description of the operation included.
• Secured Access. A Cannabis Retail business should be designed to prevent
unauthorized entrance into areas containing Cannabis or Cannabis Products. Limited
access areas accessible to only authorized personnel should be established.

6

ATTACHMENT B

•
•

•

•

•

•

Product Storage. Cannabis Products that are not used for display purposes or
immediate sale should be stored in a secured and locked room, safe, or vault, and in a
manner reasonably designed to prevent diversion, theft, and loss.
Cannabis Paraphernalia. No Cannabis Retail business should sell or display any
cannabis related paraphernalia or any implement that may be used to administer
Cannabis or Cannabis Products unless specifically described and authorized in the
Conditional Use Permit. The sale of such products must comply with any other
applicable state regulations.
Site Management. The Cannabis Retail business operator should take reasonable
steps to discourage and correct objectionable conditions that constitute a nuisance in
parking areas, sidewalks, alleys and areas surrounding the premises during business
hours if directly related to the patrons of the subject retailer. For purposes of this
subsection, "Reasonable steps" should include calling the police in a timely manner;
and requesting those engaging in nuisance activities to cease those activities, unless
personal safety would be threatened in making the request. In addition, “Reasonable
steps” should also include regular maintenance of the entire property, including daily
pick-up of trash, regular site maintenance, cover up of graffiti, etc.
Permit Display. All Cannabis Retail businesses should maintain a copy of the Cannabis
Business Use Permit and City of Antioch Business License issued by the City, as well
as any other State and/or County licenses, on display during business hours and in a
conspicuous place so that they may be readily seen by all persons entering the facility.
Storefront Entrance & Accessibility. The storefront entrance of a Cannabis Retail
business should be ADA accessible and placed in a visible location that provides an
unobstructed view from the public right-of-way. No signs, tinting, or other graphic
material may be used to obscure the storefront windows.
Drive-through, Drive-up or walk-up window services in conjunction with Cannabis Retail
business are strongly discouraged.

Permit Revocation or Modification
23. The City Council may require modification, discontinuance or revocation of a Conditional
Use Permit for a Cannabis Business if it finds that the use is operated or maintained in a
manner that it:
• Adversely affects the health, peace or safety of persons living or working in the
surrounding area;
• Contributes to a public nuisance; or
• Has resulted in excessive nuisance activities including disturbances of the peace, illegal
drug activity, diversion of Cannabis or Cannabis Products, public intoxication, smoking
in public, harassment of passerby, littering, or obstruction of any street, sidewalk or
public way; or
• Has resulted in or has been the target of criminal activity requiring undue attention and
dedication of Antioch Police Department resources; or
• Violates any provision of the Municipal Code or condition imposed by a City issued
permit, or violates any provision of any other local, state, regulation, or order, including
those of state law or violates any condition imposed by permits or licenses issued in
compliance with those laws.
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ATTACHMENT B

§ 9-5.3845 CANNABIS BUSINESSES.

A cannabis business may be established within any of the Cannabis Business (CB) Zoning Overlay Districts only under all
of the following conditions:
(A) A cannabis business may be established only under the conditions set forth herein. No other cannabis business or
commercial cannabis use shall be allowed within the city except as authorized by this article.
(B) A use permit from the City Council is required for all cannabis businesses. The application for the use permit shall be
considered by the Planning Commission which shall make a recommendation to the City Council.
Prior to operating in the city and as a condition of issuance of a use permit, the operator of each cannabis business shall
enter into and maintain compliance with an operating agreement, setting forth the terms and conditions under which the
cannabis business will operate. Such requirements for the cannabis business operator shall include, but are not limited to,
the following:
(1) Providing a public outreach and education program;
(2) Implementing and maintaining a social equity program;
(3) Payment and reporting of fees and other charges, which may be imposed on gross receipts and/or square footage
of cultivation, or such other methodology as determined by the City Council;
(4) Implementing and maintaining a security plan to be approved by the Chief of Police;
(5) Implementing and maintaining an odor control and mitigation plan;
(6) Payment of fees and charges including, but not limited to administrative and penalty fees;
(7) Record keeping;
(8) Compliance with city’s requirements for periodic review and audit of the cannabis business's operations and related
matters;
(9) Insurance coverage as required by the city;
(10) Indemnification of the city, its officers, officials, employees, agents and consultants;
(11) Assignability;
(12) Procedures for amendment of the operating agreement;
(13) Hours of operation;
(14) Signage;
(15) External lighting; and
(16) Such other terms and conditions that will protect and promote the public health, safety, and welfare.
(C) In addition to the standard findings for approval of a use permit, the City Council shall make the following additional
finding in support of approval of a use permit for a cannabis business.
(1) That the location and site characteristics of the proposed cannabis business are consistent with all applicable state
laws and city standards or guidelines, that all provisions have been made to ensure that the operation of the cannabis
business will not create excessive demands for police service or other public services, and that the cannabis business will
benefit the city.
(D) Cannabis businesses may be established as described in Table A.
TABLE A
Overlay District

License Types Permitted

Permit Requirement

CB 1

1, 1A, 1B, 1C, 2, 2A, 2B, 3, 3A, 3B, 4, 5,
5A, 5B, 6, 7, 8, 10, 11, 12

City Council Use Permit

CB 2

10

City Council Use Permit

CB 3

10

City Council Use Permit

(1) License type 7 is not allowed in multi-tenant buildings in CB 1.
(E) The separation requirements for the Cannabis Business Overlay Zoning Districts shall be as described in Table B:
TABLE B

ATTACHMENT B

Overlay District

Between Retail Uses

From Sensitive Use

CB 1

600'

600'

CB 2

200'

200'

CB 3

600'

600'

(1) Notwithstanding § 9-5.3845(E), the city shall have the discretion to decrease the 600-foot restriction without
requiring a variance when significant barriers (such as large roadways, railroad tracks, or similar buffers) exist between the
proposed retail cannabis business and the existing use identified in § 9-5.3845(D)(4).
(2) Solely as to CB 2, the term "sensitive use" shall not include any property located within the city's boundaries and
occupied by a city residential land use or designated by the city as residential in the city's general plan or zoning ordinance.
(3) The separation requirements referenced in § 9-5.3845(E) for sensitive uses shall be measured property line to
property line. The separation requirements referenced in § 9-5.3845(E) for retail businesses shall be measured between the
primary entrance/exit for the business' customers for each retail business.
(F) Applicants to operate cannabis businesses, as well as current cannabis businesses, shall pay their share of city fees,
charges, and other costs of city staff and consultants (including outside legal counsel) for matters relating to their application
and business (e.g., conditional use permit, operating agreement, and any modification or implementation thereof). The
applicant shall make a cash deposit with the city in an amount to be determined by the City Attorney. The city shall return
any unused deposit; the business applicant/operator shall pay any amount greater than the original deposit. The
applicant/operator may have to make more than one deposit.
(Ord. 2143-C-S, passed 6-26-18; Am. Ord. 2165-C-S, passed 4-23-19; Am. Ord. 2191-C-S, passed 10-27-20; Am. Ord.
2199-C-S, passed 10-26-21)

ATTACHMENT B

CANNABIS DEFINITIONS CODIFIED IN AMC § 9-5.203
CANNABIS. All parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis
ruderalis, or any other strain or varietal of the genus Cannabis that may exist or be
discovered, or development, that has psychoactive or medical properties, whether growing
or not, including but not limited to the seeds thereof; the resin, whether crude or purified,
extracted from any part of the plant; and every compound, manufacture, salt, derivative,
mixture, or preparation of the plant, its seeds, or resin. CANNABIS also means the
separated resin, whether crude or purified, obtained from cannabis. CANNABIS also means
marijuana as defined by Cal. Health and Safety Code § 11018 and Cal. Bus. and Prof. Code §
26001(f), as both may be amended from time to time. Any reference to cannabis or
cannabis products shall include medical and nonmedical cannabis and medical and
nonmedical cannabis products, unless otherwise specified. Cannabis or cannabis product
does not mean industrial hemp as defined by Cal. Health and Safety Code § 11018.5, or the
weight of any other ingredient combined with cannabis to prepare topical or oral
administrations, food, drink, or other product. Cannabis does not include the mature stalks
of the plant; fiber produced from the stalks; any compound, manufacture, salt, derivative,
mixture, or preparation of the mature stalks (except the resin extracted therefrom); fiber,
or the sterilized seed of the plant which is incapable of germination.
CANNABIS BUSINESS. A person, partnership, corporation, company, association,
collective, or cooperative which engages in commercial cannabis use(s).

CANNABIS DELIVERY. A cannabis business that offers delivery of cannabis or cannabis
products for either medical or recreational use and is operated in accordance with state
and local laws and regulations, pursuant to a Type 9 cannabis license, or a cannabis license
subsequently established. Cannabis delivery includes, but is not limited to, delivering
cannabis directly to retail or wholesale customers or to other recipients with or without
compensation and specifically excludes any on-site retail use. If retail use exists on the
same site, the entire land use shall be classified as cannabis retail and subject to the
provisions thereof.

CANNABIS PRODUCT. Cannabis that has undergone a process whereby the plant material
has been transformed into concentrate, including, but not limited to concentrated cannabis,
or an edible or topical product containing cannabis and other ingredients.

CANNABIS RETAIL. A cannabis business that sells or delivers cannabis or cannabis
products for either medical or recreational use and is operated in accordance with state
and local laws and regulations. Cannabis retail includes, but is not limited to, selling
cannabis or cannabis products, pursuant to a Type 9 or 10 cannabis license (but not a Type
12 microbusiness), or a cannabis license subsequently established for a similar or related
purpose.

ATTACHMENT B

COMMERCIAL CANNABIS USE. Any commercial cannabis activity which is or may be
licensed pursuant to state law including, but not limited to, cultivation, possession,
distribution, laboratory testing, labeling, retail, delivery, sale, or manufacture of cannabis
or cannabis products. COMMERCIAL CANNABIS USE shall not include legal cannabis
activities carried out exclusively for one’s personal use that do not involve commercial
activity or sales and that do not require a state license or permit.
SENSITIVE USE.

(1) Any school providing instruction in kindergarten or any grades 1 through 12;

(2) A day care center which is a child day care facility other than family day care home
and includes infant centers, preschools, extended day care facilities, school age child care
centers and child care centers licensed pursuant to Cal. Health & Safety Code § 1596.951;
(3) Youth center which is any public or private facility that is primarily used to host
recreational or social activities for minors including, but not limited to, private youth
membership organizations or clubs, social service teenage club facilities, video arcades, or
similar amusement park facilities;
(4) Any public park owned or operated by the city; or

(5) Any property located within the city's boundaries and occupied by a city residential
land use or designated by the city as residential in the city's general plan or zoning
ordinance.

STAFF REPORT TO THE CANNABIS STANDING COMMITTEE
DATE:

Meeting of February 19, 2026

TO:

Committee Chair Torres-Walker and Councilmember Freitas

SUBMITTED BY:

Zach Seal, Community & Economic Development
Director, Monserrat Cabral, Public Safety & Community Resources
Director; and David A. Storer, AICP, Planning Consultant

SUBJECT:

Possible Resolution Authorizing the City Manager to Enter an
Agreement with the Governor’s Office of Business and Economic
Development to Receive $75,000 in Grant Funding for the
Development of a Local Cannabis Equity Program

RECOMMENDED ACTION
It is recommended that the Cannabis Standing Committee consider providing a
recommendation the City Council to enter an agreement with the Governor’s Office of
Business and Economic Development to receive $75,000 in grant funding for the
development of a local cannabis equity program and provide direction to staff
FISCAL IMPACT
There is no fiscal impact to receiving this report. On January 14, 2026, the City received
eligibility notification of an award of $75,000.00 in grant funding from the Governor’s
Office of Business and Economic Development (GO-Biz) for the development of a local
cannabis equity program. Specifically, the “Type-1” grant will be used by the City for the
creation of a cannabis equity assessment and/or assistance for the development of a
local equity program. There is no impact to the General Fund.
BACKGROUND
The purpose of the Cannabis Equity Grants Program for Local Jurisdictions is to
advance economic justice for individuals most harmed by cannabis criminalization and
poverty by providing support to local jurisdictions as they promote equity and eliminate
barriers to enter the regulated cannabis industry for equity program applicants and
licensees. The term “equity” recognizes that because different individuals or groups
have different histories and circumstances, they have different needs and unequal
starting points. Using an equity approach, individuals and groups receive different
resources, opportunities, support, or treatment based on their specific needs. By
providing what each individual or group needs, they can have equitable or fair
outcomes. Therefore, cannabis equity programs are distinct from other types of
assistance programs by their focus and intentionality in understanding the specific

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Agenda Item #

Cannabis Committee Report
February 19, 2026, Agenda Item # 2

systemic barriers and injustices different individuals or groups face when trying to
access opportunity in the cannabis marketplace.
The City of Antioch’s current commercial cannabis business regulations do not provide
any distinction between the types of applicants it seeks to attract. By conducting a
community assessment, the City will be able to determine if changes to the Antioch
Municipal Code are needed to establish an equity program.
DISCUSSION
ATTACHMENTS
None.

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