The passing of Proposition 64 legalized the use of both medicinal and non-medicinal cannabis consumption and sales for adult-use. In response to Prop. 64, the City of Novato adopted a moratorium (Ordinance No. 1629 & Ordinance No. 1633) that prohibited all outdoor and indoor cultivation of cannabis, excluding the exception under Prop. 64 that permits the cultivation of six (6) plants indoors for personal use (subject to the property owners permission). Additionally under these ordinances, the City provides an exception to the moratorium for CB Labs, Liposome Formulations, and deliveries of medicinal cannabis from out-of-city businesses.
The moratorium was scheduled to expire November 15, 2018. Prior to the expiration of the moratorium, City staff conducted a series of community workshops to provide an overview of the cannabis industry, discuss current laws and regulations, explain the roles of code enforcement and law enforcement, respond to community questions and feedback, and get community feedback to identify key issues and concerns.
Personal Cultivation of Cannabis
At its meeting of October 2, 2018, the Novato City Council adopted regulations for the personal cultivation of cannabis within city limits.
The Council authorized indoor cultivation of up to six (6) plants per residential property, regardless of the number of occupants. Indoor cultivation is allowed both within a residence and also within a “Fully Enclosed and Secure Accessory Structure,” which is a detached accessory building that has a roof, a foundation, solid walls which are not transparent or breakable. These might include an accessory art studio, office or pool cabana, but not a greenhouse.
The Personal Cultivation Ordinance approved by the City Council contains several restrictions including:
- Plants cannot be visible from the street or adjoining properties at ground level
- The cultivation area may not be accessible by minors
- Any building modifications, including electrical or structural changes, must have approved building permits
- Grow lights cannot exceed 1,200 watts per fixture
- A ventilation and filtration system is required for odor control
- The use of generators is prohibited
- Renters must obtain written authorization from the property owner(s) to cultivate
Note: The City Council did not authorize outdoor cultivation (either open air—such as a yard or garden, or within non-secure and enclosed accessory structures such as greenhouses or hoop structures) within City limits for personal use.
Updates to Zoning Requirements
Please note that zoning requirements for cannabis businesses were amended on November 16, 2021 to require minimum distancing from potentially sensitive residential properties and youth-oriented facilities. View full mandates and changes.
Results of 2021-22 Commercial Cannabis RFP
In December 2021, the City issued a Request for Proposal (RFP) for allowable commercial cannabis businesses seeking a permit to operate in the City.
A committee of City and local public agency staff representing Community Development, Building, Fire, Police, Code Enforcement, Planning, Water and Sanitation reviewed and graded the applications according to the evaluation and scoring criteria established in the RFP. All proposals that achieved a minimum score of 80% were presented to the City Council for consideration of a Conditional Certificate to operate.
At their regular meeting of March 8, 2022, the Council gave conditional approval to three businesses:
- Marin Haven, 4 Commercial Boulevard (Non-storefront retail)
- CB Labs, 1615 Hill Road, #9-10 (Testing laboratory)
- Velvet Fog, 11 Digital Drive, Suite D (Microbusiness - Manufacturing/Distribution/Delivery) - Updated their 2020 approvals for new location
These applicants are now in the process of securing their State licenses, completing any necessary building improvements and meeting other conditions of their approvals.
Staff Report
Proposal Summaries
Presentation
2022 Commercial Cannabis Non-Storefront Retail Business RFP
In June 2022, the City issued a Request for Proposals (RFP) for allowable non-storefront retail (delivery only) commercial cannabis businesses seeking a permit to operate in the City. The City has an unlimited number of non-storefront retail (delivery) licenses available, and will accept proposals on a rolling basis. No proposals for cultivation, testing, distribution, manufacturing, or microbusinesses will be accepted at this time. The City does not allow storefront retail sales of cannabis.
