Ordinance 3227CITY OF ALAMEDA ORDINANCE NO. 3227
New Series
AMENDING THE ALAMEDA MUNICIPAL CODE BY AMENDING
SECTION 30-10 (CANNABIS) TO (1) ADD CANNABIS RETAIL
BUSINESSES AS CONDITIONALLY PERMITTED USES IN THE C-1,
NEIGHBORHOOD BUSINESS AND C-M, COMMERCIAL-
MANUFACTURING ZONING DISTRICTS; (2) AMEND CERTAIN
PORTIONS OF THE ZONING ORDINANCE TO ENABLE CANNABIS
RETAIL BUSINESSES TO DISPENSE NON-MEDICINAL OR "ADULT
USE" CANNABIS; AND (3) AMEND CERTAIN PORTIONS OF THE
ZONING CODE TO REMOVE THE DISPERSION REQUIREMENT FOR
DELIVERY-ONLY CANNABIS BUSINESSES
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 light
of the City's semi-annual report on cannabis in a manner that complies with State law
enacted through the Adult Use of Marijuana Act (AUMA), Medicinal and Adult-Use
Cannabis Regulation and Safety Act (MAUCRSA), and any implementing regulations.
Specifically, the amendments add provisions further 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 additional 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 30-1 0 (Cannabis) of the Alameda Municipal Code shall be amended
as follows (unchanged text in plain Arial font; additions in single-underline font; deletions
in strikethrough font):
30-10-CANNABIS
30-1 0.1 -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 11 018.5 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
physicianls recommendation or other authorization permitted by State law.
13. Permit refers to any one (1) 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 is deemed prohibited.
1 . Cannabis retail means the sale, delivery, or provision of cannabis or cannabis
product to customers 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.
1. Use Permit Requirement. 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.
g. 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:
i. C-M, Commercial Manufacturing District; and
ii. AP-E1, 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:
i. C-M, Commercial Manufacturing District;
ii AP-E1, 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:
i. C-1 , Neighborhood Business District;
ii. C-C, Community Commercial Zone;
iii. C-M, Commercial Manufacturing District;
iv. AP-AR, Alameda Point, Adaptive Reuse;
v. NP-W, North Park Street Workplace subdistrict; and
vi. NP-G, North Park Street Gateway subdistrict.
h. 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 XXX 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.
i. Lighting.
1. All exterior lighting shall comply with Chapter XXX 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.
j. 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.
k. Conditions of Approval.
1 . All cannabis businesses shall comply with the general conditions set forth in
Section 6-59.1 0 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.
I. Vesting of Use Permit.
1. Notwithstanding Section 30-21.9 (Termination Due to Inaction) of Chapter XXX
(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 (1) year extension to the use permit for good cause, but may
only do so no earlier than sixty (60) days prior to expiration of the initial one (1)
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.
m. 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.
(Ord. No. 3206 N.S., § 2, 12-19-2017)
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 twenty-one (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:
i. 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 (1) 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 twenty-one (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 (1) 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 (1) cannabis cultivation area in a single
primary residential dwelling.
1) For an adult person twenty-one (21) years of age or older or a qualified
patient, the cultivation area shall be no more than one hundred (1 00)
contiguous square feet.
2) For primary caregivers, it shall be no more than one hundred (1 00)
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 life/safety codes, including requirements for electrical and
mechanical ventilation systems.
d) Interior cultivation and processing areas are restricted to one (1) 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. ?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 kitchen, bathrooms, 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 Alameda
Municipal Code.
ii. Lighting and Electricity Restrictions.
a) Any cannabis cultivation lighting shall not exceed one thousand two
hundred (1 ,200) watts unless specifically approved in writing by the
Building Official (or designee).
b) All electrical equipment used in the cultivation 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 flammable gas or gas products (C02, 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
twenty-one (21) years of age or older, to promote building safety, to assist in
the enforcement of this section, 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 adversely affect the
health or safety of the nearby residents in any manner, including but not limited
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
affect the health or safety of the occupants of the primary residential dwelling
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 limited
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 section 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 I 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 (6) 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 shall accrue for each day (or portion thereof) of the violation or
for each individual item constituting the violation (e.g., cannabis plant).
*****
Section 2: 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 21 000) of the
Public Resources Code, shall be required in order to engage in commercial cannabis
activity within the City of Alameda under such Ordinance. 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 3: 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 4: 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.
~h4:Jtqe.Q?
Presiding office of t~eCity Council
Attest:
Lara Weisiger, City rk
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 7th day of November, 2018, by the following vote to wit:
AYES: Councilmembers Oddie, Vella and Mayor Spencer-3.
NOES: 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 9th day of November, 2018.
Lara Weisiger, City Cler
City of Alameda