Ordinance 3236CITY OF ALAMEDA ORDINANCE NO. 3236
New Series
REPEALING IN ITS ENTIRETY ORDINANCE NO. 3228 (ORDINANCE
AMENDING THE ALAMEDA MUNICIPAL CODE BY AMENDING
ARTICLE XVI (CANNABIS BUSINESSES) OF CHAPTER VI
(BUSINESSES, OCCUPATIONS AND INDUSTRY) TO (1) ELIMINATE
THE CAP ON TESTING LABORATORIES, (2) ALLOW FOR TWO
ADDITIONAL CANNABIS BUSINESSES TO OPERATE AS
"DISPENSARY/DELIVERY" (DELIVERY REQUIRED; OPEN TO THE
PUBLIC) WITHIN THE ZONING DISTRICTS FOR CANNABIS RETAIL,
(3) AMEND THE DISPERSION REQUIREMENT TO REQUIRE NO
MORE THAN TWO CANNABIS RETAIL BUSINESSES TO OPERATE
ON EITHER SIDE OF GRAND STREET, (4) CREATE A TWO-TIER
BUFFER ZONE FROM SENSITIVE USES FOR CANNABIS
BUSINESSES, (5) AMEND CERTAIN PORTIONS OF THE
REGULATORY ORDINANCE TO ENABLE CANNABIS RETAIL
BUSINESSES TO DISPENSE NON-MEDICINAL OR "ADULT USE"
CANNABIS, (6) MODIFY REQUIREMENTS FOR OFF-ISLAND
DELIVERY, AND (7) MAKE OTHER CLARIFYING OR CONFORMING
AMENDMENTS THERETO)
THE CITY COUNCIL OF THE CITY OF ALAMEDA DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1: Ordinance No. 3228 (ORDINANCE AMENDING THE ALAMEDA
MUNICIPAL CODE BY AMENDING ARTICLE XVI (CANNABIS BUSINESSES) OF
CHAPTER VI (BUSINESSES, OCCUPATIONS AND INDUSTRY) TO (1) ELIMINATE
THE CAP ON TESTING LABORATORIES, (2) ALLOW FOR TWO ADDITIONAL
CANNABIS BUSINESSES TO OPERATE AS "DISPENSARY/DELIVERY" (DELIVERY
REQUIRED; OPEN TO THE PUBLIC) WITHIN THE ZONING DISTRICTS FOR
CANNABIS RETAIL, (3) AMEND THE DISPERSION REQUIREMENT TO REQUIRE NO
MORE THAN TWO CANNABIS RETAIL BUSINESSES TO OPERATE ON EITHER SIDE
OF GRAND STREET, (4) CREATE A TWO-TIER BUFFER ZONE FROM SENSITIVE
USES FOR CANNABIS BUSINESSES, (4) AMEND CERTAIN PORTIONS OF THE
REGULATORY ORDINANCE TO ENABLE CANNABIS RETAIL BUSINESSES TO
DISPENSE NON-MEDICINAL OR "ADULT USE" CANNABIS, (5) MODIFY
REQUIREMENTS FOR OFF-ISLAND DELIVERY, AND (6) MAKE OTHER CLARIFYING
OR CONFORMING AMENDMENTS THERETO) is repealed in its entirety.
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
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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: 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:
lerk
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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 this 7th day of May, 2019, by the following vote to wit:
AYES: Councilmembers Knox White, Oddie, Vella-3.
NOES: Mayor Ezzy Ashcraft-1.
ABSENT: Councilmember Daysog -1.
ABSTENTIONS: None.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of said City this sth day of May, 2019.
Approved as to form:
,.--; /J
t/lr I
Michael H. Roush, Interim City Attorney
City of Alameda
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Lara Weisiger, Ci
City of Alameda