Ordinance 3239CITY OF ALAMEDA ORDINANCE NO. 3239
New Series
AMENDING THE ALAMEDA MUNICIPAL CODE BY (1) AMENDING
SECTION 30-10 (CANNABIS) TO (A) ADD CANNABIS RETAIL
BUSINESSES AS CONDITIONALLY PERMITTED USES IN THE C-1,
NEIGHBORHOOD BUSINESS, AND C-M, COMMERCIAL-
MANUFACTURING ZONING DISTRICTS, (B) AMEND CERTAIN
PORTIONS OF THE ZONING CODE TO ENABLE CANNABIS RETAIL
BUSINESSES TO DISPENSE NON-MEDICINAL OR "ADULT USE"
CANNABIS, AND (C) AMEND CERTAIN PORTIONS OF THE ZONING
CODE TO REMOVE THE DISPERSION REQUIREMENT.
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
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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 0.1 (Cannabis) of the Alameda Municipal Code shall be
amended as follows:
30-10.1 -Commercial Cannabis Uses.
Subsections a. through b.: No Change.
c.1. Cannabis retail means the sale, delivery, or provision of cannabis or cannabis
product to customers or members by any person, business, or organization.
Subsections c.2 through f.2: No Change.
Subsections g.1 through g.3.iii.: No Change.
g.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.
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Subsections i. through n (except renumbering): No Change.
Section 2: Section 30-10.2 (Personal Cultivation of Cannabis) of the Alameda
Municipal Code: No Change.
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 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 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
Attest:
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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 71h day of May, 2019, by the following vote to wit
A YES: Council members 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 81h day of May, 2019.
Approved as to form:
Michael H. Roush, Interim City Attorney
City of Alameda
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Lara Weisiger, City Clerk
City of Alameda