Ordinance 2985CITY OF ALAMEDA ORDINANCE NO. 2985
New Series
AN INTERIM URGENCY ORDINANCE OF THE CITY OF
ALAMEDA , MAKING FINDINGS , AND ESTABLISHING A
FORTY-FIVE DAY MORATORIUM ON THE ESTABLISHMENT
OR EXPANSION OF MEDICAL MARIJUANA DISPENSARIES
WHEREAS , the City of Alameda has received a number of inquiries
regarding the establishment of medical marijuana dispensaries within the City of
Alameda; and
WHEREAS , such dispensaries have been established in several
locations in California , including nearby cities , and as a consequence , some
communities have reported increases in illegal drug activity, illegal drug sales
robbery of persons at or leaving dispensaries , loitering around dispensaries
falsely obtaining identification cards to qualify for medical marijuana , and other
increases in criminal activities; and
WHEREAS , this potential for increased risk of crime and violence
presents a clear and immediate danger to the public health , safety and welfare
of the residents and businesses of the City of Alameda; and
WHEREAS , if medical marijuana dispensaries were allowed to
established in the City without appropriate regulations and safeguards , suchuses might be in conflict with the requirements of the City s General Plan
zoning regulations , and be inconsistent with surrounding uses , or be detrimental
to the public health , safety and welfare; and
WHEREAS , it is necessary for the City of Alameda to study the potential
impacts of such facilities on the public health , safety, and welfare and enact
appropriate regulations.
NOW , THEREFORE , BE IT ORDAINED by the Council of the City
Alameda that:
Section 1 The City Council finds and determines the foregoing
recitals to be true and correct and hereby makes them a part of this Ordinance.
Section 2 The City Council finds that issuing permits , business
licenses , or other applicable entitlements providing for the establishment of
medical marijuana dispensaries , prior to the completion of the City s study of
the potential impact of such facilities , poses a current and immediate threat to
the public health , safety, and welfare , and that a temporary moratorium on the
issuance of such permits , licenses , and entitlements is thus necessary.
Section 3 The City Council finds that this ordinance is not subject to
the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment) and 15060( c)(3) (the activity is not
a project as defined in Section 15378) of the CEQA Guidelines.
Section 4 In accordance with California Government Code section
65858 , this Ordinance shall take effect immediately, on November 6 , 2008 , and
be in full force for a period of 45 days. This period may be extended by the City
Council in accordance with the provisions of section 65858 to provide the City
with sufficient time to review the analysis and consider adoption of appropriate
regulations.
Section 5 To the extent this Ordinance is inconsistent with any other
provisions of the Alameda Municipal Code , this Ordinance governs.
Section 6 The public safety, health , and general welfare will be
furthered by this Ordinance.
Section 7 The City, on a case-by-case basis , shall have the authority
upon showing of a good cause by an applicant to waive the moratorium
imposed by this Ordinance. Good cause shall mean a factual and evidentiary
showing by the applicant that the moratorium , if not waived , will deprive the
applicant of substantially all reasonable use of his/her property. Such
applications for waiver shall be filed with the City s Planning and Building
Department with appropriate fees. Said applications shall be reviewed and
decided by the Planning and Building Director. The decision of the Planning and
Building Director may be appealed to the City Council.
Within 10 calendar days of a decision by the Planning and Building
Director , an appeal from said decision may be filed by the applicant , the permit
holder , or any other interested party. In the event the last date of appeal falls
on a weekend or holiday when City offices are closed , the next date such
offices are open for business shall be the last date of appeal. Such appeal shall
be made on a form prescribed by the Planning and Building Department and
shall be filed with the Planning and Building Department. The appeal shall state
specifically wherein it is claimed there was an error or abuse of discretion by the
Planning and Building Director or wherein its decision is not supported by the
evidence in the record. Upon receipt of the appeal , the Council shall set the
date for consideration thereof. The Planning and Building Department shall , notless than ten days prior thereto , give written notice to the applicant , the
appellant in those cases where the applicant is not the appellant; adverse party
or parties , the attorney, spokesperson , or representative of such party or
parties , other interested groups , and neighborhood associations who haverequested notification; and to similar groups and individuals as deemedappropriate, of the date and place of the hearing on the appeal. The CityCouncil shall vote on the appeal within thirty (30) days after its hearing of theappeal. If the Council is unable to decide the appeal at the meeting, it shallappear for a vote on each regular meeting of the Council thereafter untildecided.
Section 8 The fee for a waiver of the moratorium imposed by thisOrdinance shall be the same as the fee set in the Master Fee Resolution for a
Use Permit. The appeal fee shall be the same as the fee set in the Master FeeResolution for an Appeal to the City Council.
Section 9 If any provision of this ordinance or the application thereof
to any person or circumstance is held invalid , such invalidity shall not affectother provisions or applications of the ordinance which can be given effectwithout the invalid provision or application , and to this end the provisions of thisordinance are severable. The City Council hereby declares that it would have
adopted this ordinance irrespective of the invalidity of any particular portionthereof.
Attest:
Lara Weisiger , City Clerk'City of Alameda
, the undersigned , hereby certify that the foregoing Ordinance was duly and
regularly adopted and passed by the Council of the City of Alameda in a special
meeting assembled on the 6 day of November , 2008 by the following vote to wit:
AYES:Councilmembers deHaan , Gilmore , Matarrese , Tam and
Mayor Johnson - 5.
NOES:None.
ABSENT:None.
ABSTENTIONS:None.
IN WITNESS , WHEREOF , I have hereunto set my hand and affixed the official seal of
said City this day of November , 2008.
Lara Weisiger , City Cle
City of Alameda