Ordinance 3206CITY OF ALAMEDA ORDINANCE NO. 3206
New Series
AMENDING THE ALAMEDA MUNICIPAL CODE BY REPEALING
SECTION 30-5.15 (MEDICAL MARIJUANA DISPENSARIES AND
CULTIVATION) IN ITS ENTIRETY AND ADDING A NEW SECTION 30-
10 (CANNABIS)
BE IT ORDAINED by the City Council of the City of Alameda:
Findings.
In enacting this Section, the City Council finds as follows:
1. The amendment maintains the integrity of the General Plan.
The proposed Zoning text amendments update the City's cannabis regulations in
compliance with recent changes to State law enacted through the Adult Use of
Marijuana Act (AUMA) and Medicinal and Adult-Use Cannabis Regulation and Safety
Act (MAUCRSA). Specifically, the amendments repeal the prohibition of non-medical
adult use of cannabis and add provisions governing personal use of cannabis and
regulating cannabis businesses in the city. The proposed amendments to regulate
cannabis activity are necessary to ensure a balance between the rights of cannabis
businesses, providers, and users with the obligations of the City under the General Plan
to protect the public health, safety, and general welfare of the community through land
use regulations and processes. Furthermore, the proposed amendments establish new
land use regulations for cannabis businesses, a new industry that would support an
overarching General Plan goal to provide adequate businesses and services to
Alameda residents. For these reasons, the proposed amendments maintain the
integrity of the General Plan.
2. The amendment will support the general welfare of the community.
The primary purpose and intent of the proposed Zoning text amendments is to regulate
cannabis activities in a manner that protects the public health, safety and welfare of the
community. The proposed Zoning text amendments support the general welfare of the
community by establishing land use regulations for cannabis business activity and
personal use and cultivation. Absent appropriate regulation, cannabis business
activities including, but not limited to, unregulated cultivation, manufacturing,
processing, and distribution have been documented throughout communities in
California to pose a potential threat to the public health, safety and welfare. The
proposed amendments allow the City to ensure that land use decisions regarding
cannabis business activity are made according to specific rules and regulations and
through a public process. The proposed rules and regulations ensure that cannabis
business activities in the city will be conducted in an orderly manner, avoiding potential
public nuisance, land use conflicts and adverse impacts to the public health, safety and
general welfare that may occur in the absence of these regulations.
3. The amendments are equitable.
The proposed Zoning text amendments are equitable in that they balance the rights of
cannabis businesses, providers, and users with the obligations of the City to protect the
public health, safety, and general welfare of the community through land use
regulations and processes. The proposed regulations enable cannabis businesses to
operate, and personal consumption and cultivation to occur, under the rights and
privileges provided under State law while establishing rules and regulations that protect
the general public from potential adverse impacts of cannabis business activity and
personal consumption and cultivation. The proposed Zoning text amendments are also
equitable in that they establish appropriate processes and procedures for the review of
cannabis business activity that balance the community's need for local cannabis
businesses, but also provides appropriate oversight and discretion for individual
applications.
Section 1: Section 30-5.15 (Medical Marijuana Dispensaries and Cultivation) of the
Alameda Municipal Code is hereby repealed in its entirety and shall read as follows:
30-5.15 Medical Marijuana Dispensaries and Cultivation[RESERVED.]
Section 2: A new Section 30-10 (Cannabis) to Chapter )0(X of the Alameda Municipal
Code is hereby added and shall read as follows:
30-10 — CANNABIS.
30-10.1 — Commercial Cannabis Uses.
a. Findings.
This Section establishes regulations governing the commercial cultivation, manufacture,
distribution, delivery, testing, and sale of Cannabis and Cannabis Products. The purpose
of these regulations is to provide requirements and criteria to approve of Cannabis
Businesses engaged in such uses. The City of Alameda finds it necessary to establish such
requirements and criteria in the interest of the public health, safety and welfare to regulate
all Cannabis-related uses.
b. Definitions.
The applicable definitions in the Alameda Municipal Code are incorporated by this
reference, unless otherwise defined herein.
1 "Cannabis" means any and all parts of the plant Cannabis sativa Linnaeus, Cannabis
indica, or Cannabis ruderalis, whether growing or not; 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" does not include the mature stalks of the plant, fiber produced
from the stalks, oil or cake made from the seeds of the plant, any other compound,
manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the
resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which
is incapable of germination. For the purpose of this Section, "Cannabis" does not
mean "industrial hemp" as defined by Section 11018.5 of the Health and Safety
Code.
2. "Cannabis Business" means a business or enterprise engaged in Commercial
Cannabis Activity.
3. "Cannabis Product" means Cannabis that has undergone a process whereby the
Cannabis has been transformed into a concentrate, including, but not limited to,
concentrated Cannabis, or an edible, topical, or other Cannabis-containing product.
4. "Chief of Police" shall mean the Chief of Police of the City of Alameda Police
Department or the Chief's designee.
5. "Commercial Cannabis Activity" means the cultivation, possession, manufacture,
distribution, processing, storing, laboratory testing, labeling, transportation, sale,
delivery, or provision of Cannabis or Cannabis Products for commercial purposes,
whether for profit or not.
6. "Community Development Department" shall mean the Director of Community
Development Department of the City of Alameda (or successor department), or his
or her designee.
7. "Concentrated cannabis" means the separated resin, whether crude or purified,
obtained from Cannabis.
8. "Day care center" means any licensed child day care facility other than a family day
care home, and includes infant centers, preschools, extended day care facilities, and
school-age child care centers.
9. "Delivery" means the commercial transfer of Cannabis or Cannabis Products, for
profit or not, to a customer by any means. "Delivery" also includes the use by a
retailer of any technology platform owned and controlled by the retailer that enables
customers to arrange for or facilitate the commercial transfer by a licensed retailer
of Cannabis or Cannabis Products. Delivery, however, shall not include commercial
transfer of Cannabis or Cannabis Products, for profit or not, by means of a Self-
Service Display, which is strictly prohibited.
10."Distribution" means the procurement, sale, and transport of Cannabis or Cannabis
Products between entities licensed pursuant to the Medicinal and Adult-Use of
Cannabis Regulation and Safety Act and any subsequent State of California
legislation or regulation regarding the same.
11 ."Edible cannabis product" means a Cannabis Product that is intended to be used, in
whole or in part, for human consumption, including, but not limited to, chewing gum,
but excluding products set forth in Division 15 (commencing with Section 32501) of
the Food and Agricultural Code. An edible cannabis product is not considered food,
as defined by Section 109935 of the Health and Safety Code, or a drug, as defined
by Section 109925 of the Health and Safety Code.
12."Medicinal cannabis" or "medicinal cannabis product" means Cannabis or a
Cannabis Product, respectively, intended to be sold for use pursuant to the
Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the
Health and Safety Code, by a medicinal cannabis patient in California who
possesses a physician's recommendation or other authorization permitted by State
law.
13."Permit" refers to any one of the regulatory permits described in subsection c of
section 6-59.4 of Article XVI that affords the Permittee the privilege of conducting the
activity allowed under the regulatory permit.
14. "Person" shall mean and include a natural person, joint venture, joint stock company,
partnership, association, club, company, corporation, limited liability company,
business, estate, trust, business trust, receiver, syndicate, organization, or any other
group or combination acting as a unit, or the manager, lessee, agent, servant, officer
or employee of any of them.
15."Youth Centers" means 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. Youth Centers shall also mean any
facility determined by the Alameda Recreation and Parks Department to be a
recreation center in a City park.
c. Permitted Uses.
The following are the permitted Commercial Cannabis land uses within the City of
Alameda. Any Commercial Cannabis land use not expressly provided for in this section
30-10.1 is deemed prohibited.
1. "Cannabis Retail" means the sale, delivery, or provision of medicinal Cannabis or
Cannabis Product to customers or members by any person, business, or
organization.
2. "Cannabis Industry" means the possession, manufacture, distribution, processing,
storing, laboratory testing, labeling, or transportation of Cannabis or Cannabis
Products, or some combination of the foregoing in accordance with State law, by any
person, business, or organization for commercial purposes, whether for profit or not.
This use also includes the production, preparation, or compounding of Cannabis or
Cannabis Products either directly or indirectly or by extraction methods, or
independently by means of chemical synthesis, or by a combination of extraction
and chemical synthesis at a fixed location that packages or repackages Cannabis or
Cannabis Products or labels or relabels its container by any person, business, or
organization.
3. "Cannabis Cultivation" means the production of clones, immature plants, seeds, and
agricultural products used specifically for the propagation and cultivation of Cannabis
to mature plants. Except as provided for in the preceding sentence, Cannabis
Cultivation shall not include any activity involving the planting, growing, harvesting,
drying, curing, grading, trimming, or processing of Cannabis, which is prohibited.
d. Applicability.
This Section shall apply to the establishment of all land uses related to Cannabis and
Cannabis Products.
e. Home Occupations.
It is unlawful to engage in Commercial Cannabis Activity as a home occupation as defined
in section 30-2b of this Chapter.
f. Use Permit.
g.
Use Permit Reauirement. It is unlawful to engage in Commercial Cannabis
Activity, as such use classifications are described in subsection (c) above,
without first obtaining a use permit.
2. Administrative Approval. Use Permits to engage in Commercial Cannabis Activity
may be approved by the Zoning Administrator where the Administrator
determines that each of the criteria of subsection 30-21.3b, pursuant to Section
30.21.4 of the Alameda Municipal Code, are satisfied.
Permitted Locations.
1. No Commercial Cannabis Activity shall be permitted on city-owned land or
federal property.
2. Notwithstanding Section 30-4 (DISTRICT USES AND REGULATIONS) of the
Alameda Municipal Code, Cannabis Cultivation, as defined in the Alameda
Municipal Code, may be conditionally permitted in the following Zoning Districts
or locations:
1. C-M, Commercial Manufacturing District; and
AP-El, Alameda Point, Enterprise District 1, AP-E2, Alameda Point,
Enterprise District 2, and AP-AR, Alameda Point, Adaptive Reuse
subdistricts.
3. Notwithstanding Section 30-4 (DISTRICT USES AND REGULATIONS) of the
Alameda Municipal Code, Cannabis Industry, to the extent permitted by the
Alameda Municipal Code, may be conditionally permitted in the following Zoning
Districts and locations:
1. C-M, Commercial Manufacturing District;
ii. AP-El, Alameda Point, Enterprise District 1, AP-E2, Alameda Point,
Enterprise District 2, and AP-AR, Alameda Point, Adaptive Reuse
subdistricts; and
iii. Office, Research and Development, and Light Industrial zones in the
Marina Village Master Plan area.
4. Notwithstanding Section 30-4 (DISTRICT USES AND REGULATIONS) of the
Alameda Municipal Code, Cannabis Retail, to the extent permitted by the
Alameda Municipal Code, may be conditionally permitted in the following Zoning
Districts and locations:
1. C-C, Community Commercial Zone;
ii. AP-AR, Alameda Point, Adaptive Reuse;
NP-W, North Park Street Workplace subdistrict; and
iv. NP-G, North Park Street Gateway subdistrict.
h. Separation Distances.
1. No Cannabis Business shall locate within the separation distances (or "Operational
Radius") applicable to certain sensitive uses set forth in and governed by the
provisions of Article XVI (Cannabis Businesses) of the Alameda Municipal Code, as
may be amended from time to time. Additionally, no two Cannabis Businesses
engaging in Cannabis Retail shall be permitted to operate within one (1) mile of each
other.
i. Off-Street Parking.
1. All sites where Commercial Cannabis Activity is permitted shall at a minimum comply
with the Parking Regulations in section 30-7 of Chapter of the Alameda
Municipal Code. Cannabis Manufacturing uses shall be subject to the same parking
requirement as a Manufacturing, Major use under Section 30-7.6 and Cannabis
Retail uses shall be subject to the same parking requirement as a General Retail
use.
Lighting.
1. All exterior lighting shall comply with Chapter )0(X of the Alameda Municipal Code,
and at a minimum, be fully shielded, downward casting and not spill over onto
structures, other properties or the night sky.
k. Business Conducted Within Building.
1. No manufacturing, production, distribution, storage, display, retail, or wholesale of
Cannabis and Cannabis-infused products shall be visible from the exterior of the
building where the Commercial Cannabis Activity is being conducted. All structures
used for cultivation, shall comply with the setback requirements for the base zoning
district and any applicable combining zoning districts. There shall be no exterior
evidence of cultivation outside the structure.
I. Conditions of Approval.
1. All Cannabis Businesses shall comply with the general conditions set forth in section
6-59.10 and all applicable specific conditions set forth in section 6-59.11 of Article
XVI of Chapter VI of the Alameda Municipal Code.
2. In approving a use permit for Commercial Cannabis Activity, the City may also
specify such additional conditions as it deems necessary to fulfill the purposes of this
Section and Article XVI of Chapter VI of the Alameda Municipal Code, including
without limitation, conditions of approval to safeguard public health, safety, and
welfare, address nuisance impacts to surrounding uses, and prevent a
disproportionate burden on public services (e.g., police, fire, building, etc.) and may
require reasonable guarantees and evidence that such conditions are being, or will
be, complied with.
m. Vesting of Use Permit.
1. Notwithstanding Section 30-21.9 (Termination Due to Inaction) of Chapter X)0(
(Development Regulations) of the Alameda Municipal Code, a use permit, if granted,
for Commercial Cannabis Activity shall terminate one (1) year from the date of its
granting, unless actual construction or alteration, or actual commencement of the
authorized activities, has begun under valid permits within such period, including
without limitation the granting of a regulatory permit pursuant to Article XVI
(CANNABIS BUSINESSES) of Chapter VI (BUSINESS, OCCUPATIONS, AND
INDUSTRIES) of the Alameda Municipal Code. An applicant may seek a one-time
one-year extension to the use permit for good cause, but may only do so no earlier
than 60 days prior to expiration of the initial one-year term.
2. "Good cause" includes, but is not limited to, termination of the Cannabis Business'
lease by the property owner; a change in federal, state or local law that now prohibits
use of the previously approved location as a Cannabis Business; foreclosure or sale
of the approved location resulting in the Cannabis business' inability to enter into a
new lease; damage to or deterioration to the building that prevents the safe use
and/or occupation of the structure until all required repairs are made in conformity
with a Notice and Order issued to the property owner by the City's Building Official
pursuant to the California Code of Regulations and the Uniform Code for Abatement
of Dangerous Buildings. However, if the Cannabis Business was responsible for the
condition, including any non-permitted construction or alteration of the structure, or
non-permitted electrical, mechanical or plumbing, "good cause" shall not be found.
n. Revocation or Modification.
A use permit approved under this Section may be revoked or modified at any time following
a public hearing in accordance with section 30-21.3 of this Chapter.
30-10.2 — PERSONAL CULTIVATION OF CANNABIS
a. Purpose
The purpose of this Section is to regulate and impose zoning restrictions on the personal
cultivation of Cannabis for lawful personal use (medicinal or adult-use) incidental to the
residential use of the primary residential dwelling pursuant to State law. This Section is not
intended to interfere with a patient's right to use medical cannabis pursuant to the
Compassionate Use Act, as may be amended, nor does it criminalize cannabis possession
or cultivation otherwise authorized by State law. This Section is not intended to give any
person or entity independent legal authority to operate a Cannabis Business; it is intended
simply to regulate and impose zoning restrictions regarding personal cultivation of Cannabis
in the City of Alameda pursuant to the Alameda Municipal Code and State law.
b. Authority
The primary responsibility for enforcement of the provisions of this Section shall be vested
in the Community Development Department and the Chief of Police.
c. Definitions
For the purpose of this Section, unless the context clearly requires a different meaning, the
words, terms, and phrases set forth in this section have the meanings given to them in this
section:
1. "Accessory structure" shall have the same meaning as set forth in section 30-5.7 of
this Chapter.
2. "Cannabis cultivation area," means the maximum dimensions allowed for the
growing of Cannabis. For indoor cultivation areas, the Cannabis cultivation area shall
be measured in contiguous square feet using clearly identifiable boundaries of all
area(s) that will contain Cannabis plants at any point in time, including all of the
space(s) within the boundaries, in the primary residential dwelling or permitted
accessory structure.
3. "Cultivate" or "cultivation" means any activity involving the planting, growing,
harvesting, drying, curing, trimming, or processing of Cannabis for personal use.
4. "Primary caregiver" shall have the same definition as set forth in California Health
and Safety Code section 11362.7, as that section now appears, or may hereafter be
amended or renumbered, but who does not receive remuneration for these activities
except for compensation in full compliance with subdivision (c) of Section 11362.765
of the Health and Safety Code.
5. "Primary residential dwelling" shall mean the primary residential dwelling of the
primary caregiver, qualified patient, or adult 21 years of age or older who is eligible
to cultivate Cannabis for medicinal or adult use in compliance with this Section.
6. "Qualified patient" shall have the same meaning as a patient that uses or ingests
medicinal Cannabis as that term is defined in section 11362.7 of the California Health
and Safety Code and who is entitled to the protections of California Health and Safety
Code section 11362.5, as may be amended.
d. Personal Cultivation of Cannabis
1. A qualified patient or primary caregiver shall be allowed to cultivate and process
Cannabis within his/her primary residential dwelling in compliance with the standards
established by subsection (e) of this Section and subject to the following limitations:
1. Any Cannabis cultivated is for the exclusive personal use of the qualified
patient, and is not provided, sold, distributed, or donated to any other person.
ii. No more than six (6) living Cannabis plants at any one time per qualified patient
for medicinal use may be cultivated at any primary residential dwelling.
iii. In the case of a primary caregiver, the foregoing limit shall apply to each
qualified patient on whose behalf the primary caregiver is cultivating, but in no
event shall that amount exceed thirty (30) Cannabis plants to be cultivated at
any primary residential dwelling.
iv. A copy of documentation of qualified patient status and/or primary caregiver
status consistent with the provisions of California Health and Safety Code
section 11362.7 et seq. shall be maintained at the primary residential dwelling,
including clear and adequate documentation, where applicable, evidencing that
the qualified patient or primary caregiver may possess an amount of Cannabis
in excess of the limits set forth in the preceding paragraph (i), consistent with
the patient's needs.
v. A qualified patient or primary caregiver shall not participate in medicinal
Cannabis cultivation in any other property within the City.
2. An adult person 21 years of age or older shall be allowed to cultivate and process
Cannabis for personal use within his/her primary residential dwelling in compliance
with the standards established by subsection (e) of this Section and subject to the
following limitation:
i. No more than six (6) living Cannabis plants at any one time may be cultivated
for adult use within the adult person's primary residential dwelling, regardless
of the number persons residing thereon.
3. Cannabis cultivation is prohibited in the common areas of a multi-unit residential
development and in common areas of any commercial or industrial development.
4. Nothing in this Section shall be interpreted to allow a qualified patient or primary
caregiver to combine limits for medicinal and adult-use to exceed the limits set forth
above.
e. Standards for Personal Cultivation of Cannabis
1. To the extent that the City is required to allow the cultivation of Cannabis for personal
use and consumption under State law, the standards set forth in this Section shall
apply. Nothing in this Section shall be interpreted to permit cultivation of Cannabis
for commercial purposes.
i. Allowed Cultivation Areas. Cannabis may be cultivated in the interior only of the
primary residential dwelling, subject to the following limitations:
a) Cultivation of Cannabis plants for personal use must be in full compliance
with all the applicable provisions of California law.
b) Cultivation must occur in one Cannabis cultivation area in a single primary
residential dwelling.
For an adult person 21 years of age or older or a qualified patient, the
cultivation area shall be no more than one hundred (100) contiguous
square feet.
2. For primary caregivers, it shall be no more than one hundred (100)
contiguous square feet for each qualified patient on whose behalf the
primary caregiver is cultivating, but shall in no event be more than five
hundred (500) contiguous square feet.
c) The Cannabis cultivation and processing area shall be in compliance with
the California Building Code, California Fire Code, and other locally adopted
l codes, including requirements for electrical and mechanical
ventilation systems.
d) lnterior cultivation and processing areas are restricted restricted to ane room of a
primary residential dwelling, or within a self-contained outside accessory
structure that is secured, locked, and fully enclosed. The accessory
structure shall comply with all requirements under section 30-5.7.f
(Accessory Buildings), and shall not be constructed or covered with plastic
or cloth. If located in a garage, the cultivation or processing use shall not
result in a reduction of required off-street parking for the residence, as
required under section 30-7.3 of this Chapter. The primary residential
dwelling shall maintain kitCheO, b8th[OOOlS, and primary bedrooms for their
intended use and not be used primarily for personal Cannabis cultivation or
processing.
e) Cannabis cultivation and the establishment or use of the cultivation and
processing areas cannot cause nonconformity under the Atameda Municipal
Code.
ii. Lighting and Electricity Restrictions.
a) Any Cannabis cultivation lighting shall not exceed 1,200 watts unless
specifically approved in writing by the Building Official (or designee).
b) All electrical equipment used in the cuttivation or processing of Cannabis
(e.g., lighting and ventilation) shall be plugged directly into a wall outlet or
otherwise hardwired; the use of extension cords to supply power to electrical
equipment used in the cultivation or processing of Cannabis is prohibited.
iii. Only Cannabis cultivated at the primary residential dwelling in conformance with
this Section shall be allowed to be processed at the primary residential dwelling.
iv. Any use of a compressed ftammable gas or gas products (CO2, butane, etc.) as
a solvent or other volatile solvent in the extraction of THC or other cannabinoids,
or Cannabis cultivation or processing for personal use is prohibited.
V\ There shall be no exterior evidence, including but not limited to odor, view or
other indication of Cannabis cultivation or processing on the property that is
perceptible to a person with normal unaided vision standing at the property lines
of the subject lot.
Vi. For the convenience of the qualified patient, primary caregiver, or adult person
21 years of age or older, to promote building safety, to assist in the enforcement
Of this S8CtiOO, and to avoid unnecessary confiscation and destruction of
Cannabis plants and unnecessary law enforcement investigations, persons
cultivating Cannabis pursuant to this Section may notify the City regarding the
cultivation site. The names and addresses of persons providing such notice, or
Of cultivation sites permitted under these regulations shall not be considered a
public record under the California Public Records Act or the City of Alameda's
Sunshine Ordinance.
vii. The Cannabis cultivation and processing area shall not adversety affect the
health or safety of the nearby residents in any manner, including but not Iimited
to by creating dust, glare, heat, noise, noxious gases, odor, smoke, traffic,
vibration, or other impacts, or be hazardous due to use or storage of materials,
processes, products or wastes.
Viii. The Cannabis cultivation or processing for personal use shall not adversely
atfectthe health or safety of the occupants of the primary residential dwetting or
users of the accessory building in which it is cultivated or processed, or
occupants or users of nearby properties in any manner, including but not Iimited
to creation of mold or mildew.
f. Public Nuisance
It is declared to be unlawful and a public nuisance for any person owning, leasing,
occupying, or having charge or possession of any premises within the City of Alameda to
cause or allow such premises to be used for the outdoor or indoor cultivation of Cannabis
plants, or processing thereof as described herein, or to process, cultivate or allow the
cultivation of Cannabis plants in any manner that conflicts with the limitations imposed in
this Section.
g.
Enforcement
1. The remedies provided by this Spction are cumulative and in addition to any other
remedies available at law or in equity, including the civil and administrative
enforcement and penalty provisions for municipal code violations set forth in Chapter
1 of the Alameda Municipal Code.
2. Any person who violates any provisions of this Section shall be guilty of a
misdemeanor, subject to a penalty of imprisonment in the county jail for a period of
time not to exceed six months, or by a fine not to exceed the amount set forth in
Chapter I of the Alameda Municipal Code, or both, for each violation.
Notwithstanding the classification of a violation of this Section as a misdemeanor, at
the time an action is commenced to enforce the provisions of this Section, the trial
court, upon recommendation of the prosecuting attorney, may reduce the charged
offense from a misdemeanor to an infraction.
3. Any person convicted of an infraction under this Section shall be punished by
pursuant to Chapter I of the Alameda Municipal Code:
4. The penalties provided for herein shall attach to each violation. For purposes of this
section, a violation shati accrue for each day (or portion thereof) of the viotation or
for each individual item constituting the violation (e.g., Cannabis plant).
Section 3: CEQA DETERMINATION
The City Council finds that adoption of this Ordinance is exempt from the California
Environmental Quality Act ("CEQA") pursuant to Business and Professions Code section
26055(h) as discretionary review and approval, which shall include any applicable
environmental review pursuant to Division 13 (commencing with Section 21000) of the
Public Resources Code, shall be required in order to engage in commercial cannabis
activity within the City of Alameda. Adoption of this Ordinance is additionally exempt from
CEQA pursuant to section 15061(b)(3) of the State CEQA Guidelines because it can be
seen with certainty that there is no possibility that the adoption of this Ordinance may have
a significant effect on the environment.
Section 4: SEVERABILITY
If any provision of this Ordinance is held by a court of competent jurisdiction to be invalid,
this invalidity shall not affect other provisions of this Ordinance that can be given effect
without the invalid provision and therefore the provisions of this Ordinance are severable.
The City Council declares that it would have enacted each section, subsection, paragraph,
subparagraph and sentence notwithstanding the invalidity of any other section, subsection,
paragraph, subparagraph or sentence.
Section 5: EFFECTIVE DATE
This Ordinance shall be in full force and effect from and after the expiration of thirty (30)
days from the date of its final passage.
Attest:
Lara Weisiger, tCiy Clerk
V A_7)
residing Officerlof the City Council
I, 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 regular meeting
assembled on the 19th day of December, 2017, by the following vote to wit:
AYES:
NOES:
Councilmembers Oddie, Vella and Mayor Spencer — 3.
Councilmembers Ezzy Ashcraft and Matarrese — 2.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of said City this 20th day of December, 2017.
Lara Weisiger, dityjlerk
City of Alameda
Approved as to form:
Janet C1,</ern, City Attorney
City of Alameda