Title
Final Passage of Ordinance Amending Alameda Municipal Code Chapter 30 (Development Regulations) to Modify Accessory Dwelling Unit Regulations to Comply with State Law and Make Other Administrative, Technical, and Clarifying Amendments Pertaining to Appeals and Youth Centers Definition, as Recommended by the Planning Board. (Planning, Building and Transportation 481005)
Body
The staff report for this ordinance was included when the ordinance was introduced and is available at the following link:
<https://alameda.legistar.com/LegislationDetail.aspx?ID=4414875&GUID=158F8722-93C6-4F21-A61F-376CDA6BDD84&Options=&Search=&FullText=1>
CITY OF ALAMEDA ORDINANCE NO. _________
New Series
AMENDING CHAPTER 30 OF THE ALAMEDA MUNICIPAL CODE (DEVELOPMENT REGULATIONS) TO MODIFY ACCESSORY DWELLING UNIT REGULATIONS TO IMPLEMENT AND COMPLY WITH STATE LAW AND MAKE OTHER ADMINISTRATIVE, TECHNICAL, AND CLARIFYING AMENDMENTS PERTAINING TO APPEALS AND YOUTH CENTERS DEFINITION
WHEREAS, the Legislature has declared accessory dwelling units (ADUs) to be a valuable form of lower cost housing in California. ADUs help address California’s affordable housing crisis by increasing rental housing supply in existing residential neighborhoods; and
WHEREAS, on January 1, 2020, several chaptered bills pertaining to ADUs that restrict local jurisdictions’ ability to regulate ADUs became operative, including Senate Bill 13, Assembly Bill 68, Assembly Bill 881, and Assembly Bill 587. Collectively, these bills update development standards and permit requirements for ADUs and specify requirements for local ordinances; and
WHEREAS, the City of Alameda seeks to update its ADU regulations to bring the City’s ordinance into conformance with state law, and to make other administrative, technical, and clarifying amendments to the Chapter XXX of the Alameda Municipal Code (AMC), Zoning Regulations, including: 1) updating the appeals provisions to clarify that only final decisions may be appealed, and 2) deleting the “Youth Centers” definition in the cannabis land use regulations, which is not used in the regulations; and
WHEREAS, the proposed amendments to the City’s ADU regulations are consistent with state law and the City’s housing needs policies, including Policy HE-4 of the General Plan Housing Element; and
WHEREAS, adoption of this Ordinance is in compliance with the California Environmental Quality Act, Public Resources Code sections 21000 et seq. (“CEQA”); and
WHEREAS, this Ordinance will serve the public health, safety and welfare for the reasons set forth in the accompanying Staff Report dated April 21, 2020, and incorporates such reasons herein by reference; and
WHEREAS, the proposed amendments to the Zoning Regulations were considered at a regular, duly noticed public hearing of the Planning Board on February 10, 2020, and the Planning Board recommended that the City Council adopt the proposed amendments to the AMC; and
WHEREAS, this Ordinance was considered at a regular, duly noticed public hearing of the City Council on April 21, 2020, and all interested parties were provided an ample opportunity to participate in said hearing and express their views.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Alameda:
Section 1. Findings. In enacting this Section, the City Council finds as follows:
1. The amendments maintain the integrity of the General Plan. The proposed amendments related to accessory dwelling units are consistent with the City of Alameda’s housing goals, policies and programs. The amendments would help Alameda meet its housing needs objectives as specified in the General Plan Housing Element by reducing barriers for new accessory dwellings and encouraging new accessory units through the conversion of accessory buildings where possible. The proposed amendments will also facilitate housing opportunities for households in a range of income groups, and for smaller households including seniors. Furthermore, the proposed amendments will assist with homeownership by enabling rental income to offset the costs of buying a home. The proposed amendments also clarify existing appeals procedures and requirements, and ensure consistency within the City’s zoning regulations in support of the General Plan.
2. The amendments will support the general welfare of the community. Accessory dwelling units provide an important source of affordable housing. By promoting the development of accessory dwellings, Alameda may ease a rental housing deficit, maximize limited land resources and existing infrastructure and assist low and moderate-income homeowners with supplemental income. Accessory dwelling units contribute to the local affordable housing stock and increase the City’s property tax base, all of which will enhance the general welfare for the Alameda community. In addition, accessory dwellings offer a means of adding housing units with minimal impacts on existing residential neighborhoods. Other amendments included in the ordinance support the general welfare of the community by providing clarity in the regulations and maintaining consistency with other applicable laws and regulations.
3. The amendments are equitable. The proposed amendments are equitable in that they increase the opportunity for Alameda homeowners to add an accessory dwelling unit to their property. These amendments clarify and streamline regulations pertaining to accessory dwelling units, and they expand the number of properties in Alameda eligible to create an accessory dwelling unit, consistent with state law. Other amendments included in the ordinance clarify existing regulations, which reduces the potential for misinterpretation.
4. The amendments are exempt from the California Environmental Quality Act. The proposed amendments are exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15282(h) and Public Resources Code Section 21080.17, which exempt ordinances implementing Accessory Dwelling Unit Law (Government Code Section 65852.2), and CEQA Guidelines Sections 15061(b)(3), where it can be seen with certainty that the proposed zoning text amendments will not have a significant effect on the environment, and 15183, projects consistent with a community plan, general plan, or zoning.
Section 2. Section 30-5.18 of the Alameda Municipal Code is hereby amended as follows:
30-5.18 - Accessory Dwelling Units.
a. Purpose. This Section provides for the creation of accessory dwelling units and junior accessory dwelling units on lots zoned to allow residential use consistent with Government Code Sections 65852.2, 65852.22, and 65852.26. Such accessory dwelling units contribute needed housing to the community while maintaining neighborhood character, support affordable housing and multigenerational living, and enhance housing opportunity near transit. An accessory dwelling unit that conforms to the development and design standards in this section shall:
1. Be deemed an accessory use or an accessory building and not be considered to exceed the allowable density for the lot upon which it is located;
2. Be deemed a residential use that is consistent with the existing General Plan and zoning designation for the lot upon which it is located;
3. Not be considered in the application of any ordinance, policy, or program to limit residential growth; and
4. Not be considered a new residential use for the purposes of calculating connection fees or capacity charges for utilities, including water and sewer service.
b. Applicability.
1. The provisions of this section authorize an accessory dwelling unit to be located on a lot in any zoning district where residential use is permitted or conditionally-permitted that includes a proposed or existing primary dwelling.
c. Development Standards. An accessory dwelling unit may be attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure, or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling.
1. Number Allowed:
(a) Single-family lots. On lots with an existing or proposed single-family dwelling, one (1) accessory dwelling unit and one (1) junior accessory dwelling unit may be permitted.
(b) Multi-family lots. On lots with existing multiple-family dwellings (two or more units), up to 25% of the existing multiple-family dwelling units may be permitted, with any fraction rounded up to the nearest whole number. Accessory dwelling units may be permitted within portions of the multiple-family dwelling that are not used as habitable space, if each unit complies with state building standards for dwellings. In addition to the 25% above, no more than two (2) detached accessory dwelling units may be permitted on a multi-family lot. The two detached accessory dwelling units may be constructed to be attached to each other.
2. Maximum Size: The size of the accessory dwelling unit shall not exceed one thousand two hundred (1,200) square feet. Nothing in this Section shall be interpreted to prohibit at least an 800 square foot accessory dwelling unit that is 16 feet in height with four-foot side and rear yard setbacks to be constructed in compliance with all other development standards.
3. Attached Accessory Dwelling Units: An accessory dwelling unit that is attached to or created within a proposed or existing primary dwelling shall comply with all height, building coverage, yard areas, and setback requirements for the primary dwelling.
(a) Independent Access: Exterior access shall be provided independently from the primary dwelling.
(b) Unit Separation: Attached units and units that are within the primary dwelling may maintain an interior connection to the primary dwelling provided there is a fire-rated door separating the units that is lockable on both sides.
(c) Aggregate Lot Coverage: The aggregate lot coverage of all building footprint(s) on the lot shall not exceed sixty (60) percent.
4. Detached Accessory Dwelling Units: An accessory dwelling unit may be constructed as a new detached structure or created through the conversion of an existing accessory structure and shall comply with the following requirements:
(a) Maximum Height: The maximum height for a detached accessory dwelling unit shall be sixteen feet (16’) measured from grade to the peak of the roof. On lots located within the Special Flood Hazard Area, as defined by FEMA's Flood Insurance Rate Maps (FIRM), the height of a detached accessory dwelling unit may exceed sixteen feet (16’) by the minimum amount necessary, as determined by the Building Official and City Engineer, to allow:
(1) A finished floor of the habitable space at one foot (1’) above the Base Flood Elevation shown on the FIRM; and
(2) Up to eight feet (8') in vertical clearance from the finished floor to ceiling within the habitable space; and
(3) A roof form or pitch that conforms to the Design Standards in subsection c.5.
(b) Required Setbacks from Side and Rear Property Lines: No setbacks shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit. A setback of four feet (4’) from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or new structure constructed in the same location and to the same dimensions as an existing structure, except the side and rear yard setbacks may be reduced to zero feet (0’) if all of the following conditions are met:
(1) The detached ADU is located seventy-five feet (75’) or more from the front property line;
(2) The portion of the neighboring lot(s) that adjoin the detached ADU is also the required rear yard;
(3) All construction within three feet (3’) of the property line, including eaves and similar architectural features, is one (1) hour fire resistive as required by the Alameda Building Code or as approved by the Building Official; and
(4) The detached ADU is not more than 16 feet (16’) in height.
(c) Maximum Rear Yard Coverage: Detached ADUs shall not cover more than four hundred (400) square feet or forty (40%) percent of the minimum required rear yard as prescribed by the subject Zoning District, whichever is greater. This requirement shall not apply to an accessory dwelling unit constructed in the same location and to the same dimensions as an existing accessory structure that is converted to an accessory dwelling unit. This requirement also shall not be interpreted to prohibit at least an 800 square foot accessory dwelling unit that is sixteen feet (16’) in height with four-foot (4’) side and rear yard setbacks to be constructed in compliance with all other development standards.
(d) Minimum Separation from Other Structures: There shall be a minimum of six (6') feet separating all construction (including eaves and similar architectural features) of the detached ADU from the main building(s) or other accessory building(s) on the same lot. The separation requirements of this paragraph may be reduced by the Building Official if one (1) hour fire resistive construction is utilized.
(e) Lot Coverage: The aggregate lot coverage of all building footprint(s) on the lot shall not exceed sixty percent (60%). This requirement shall not apply to an accessory dwelling unit constructed in the same location and to the same dimensions as an existing accessory structure that is converted to an accessory dwelling unit. This requirement shall also not be interpreted to prohibit at least an 800 square foot accessory dwelling unit that is sixteen feet (16’) in height with four-foot (4’) side and rear yard setbacks to be constructed in compliance with all other development standards.
(f) Expanding an Existing Accessory Structure: An accessory dwelling unit created within an existing accessory structure may include an expansion of not more than one hundred fifty (150) square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical limitations of the existing accessory structure shall be limited to accommodating ingress and egress.
5. Design Standards:
(a) Attached Unit: The design of an attached accessory dwelling unit shall appear as an integral part of the primary dwelling and incorporate the same materials, colors and style as the exterior of the primary dwelling, including roof materials and pitch, eaves, windows, accents, distinctive features, and character defining elements. Creation of the accessory dwelling unit shall not involve any changes to existing street-facing walls nor to existing floor and roof elevations.
(b) Detached Unit: The design of a detached accessory dwelling unit shall be subordinate to the primary dwelling in terms of massing, height and building footprint. The detached building shall exhibit residential character and complement the primary dwelling in terms of proportions, roof form, and basic architectural features. Where there is a clearly recognizable architectural style present in its immediate surroundings, the detached building shall have the same architectural style and level of interest as the immediately surrounding buildings. Where the immediate surroundings is eclectic and no particular style of architecture is dominant, a greater degree of architectural variety may be established with the detached accessory dwelling unit. This subsection shall not be interpreted to prohibit a prefabricated structure or manufactured home, as defined in Section 18007 of the California Health and Safety Code.
(c) Detached Unit in the Front Yard or Adjacent to a Street Side Yard of a Corner Lot: The design of a detached accessory dwelling unit shall be subordinate to the primary dwelling in terms of massing, height and building footprint. The design shall incorporate the same materials, colors and style as the exterior of the primary dwelling, including roof materials and pitch, eaves, windows, accents, distinctive features, and character defining elements. This subsection shall not be interpreted to prohibit a prefabricated structure or manufactured home, as defined in Section 18007 of the California Health and Safety Code.
6. Junior Accessory Dwelling Units: One junior accessory dwelling unit shall be permitted ministerially if complying with the standards of subsection c.1., c.3(a), and c.3(b) above, and the following:
(a) The junior accessory dwelling unit shall be fully located within an existing or proposed primary single-family dwelling, except an addition of up to one hundred and fifty (150) square feet may be permitted as part of an application for a junior accessory dwelling unit.
(b) The unit shall be no larger than five hundred (500) square feet in floor area.
(c) The unit may maintain an interior connection to the primary dwelling and shall provide an exterior entrance separate from the main dwelling entrance.
(d) The unit may contain separate sanitation facilities or may share with the primary dwelling.
(e) The unit shall include an efficiency kitchen that shall include the following components:
(1) A cooking facility with appliances; and
(2) A food preparation counter and storage cabinets.
(f) Notwithstanding subsection d. below, no additional parking shall be required for a junior accessory dwelling unit.
(g) For purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit.
(h) Before issuing a building permit for a junior accessory dwelling unit, the property owner shall file with the county recorder a declaration or an agreement of restrictions, which has been approved by the City Attorney as to its form and content, containing a reference to the deed under which the property was acquired by the owner and stating that:
i. The junior accessory dwelling unit shall not be sold or otherwise conveyed separately from the primary dwelling, and rental of a junior accessory dwelling unit shall be for a period longer than thirty (30) days.
ii. The applicant shall be an owner-occupant of either the remaining portion of the primary dwelling or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.
iii. A restriction on the junior accessory dwelling unit size and attributes exists as required by subsection c.6, above.
d. Parking: The parking requirement for an accessory dwelling unit shall be one off-street parking space per unit. This space shall comply with all requirements set forth in Section 30-7 Off-Street Parking and Loading Space Regulations. Notwithstanding Section 30-7, this space may be provided as tandem parking, including on an existing driveway or in a side or rear yard area, unless specific findings are made by the Planning Director that parking in setback areas or tandem parking is not feasible based upon fire and life safety conditions.
1. Exceptions. Notwithstanding the parking requirement in this section, no off-street parking shall be required for an accessory dwelling unit in any of the following instances:
(a) The accessory dwelling unit is part of the proposed or existing primary dwelling or an accessory structure.
(b) The accessory dwelling unit is located within one-half (½) mile walking distance of public transit.
(c) The accessory dwelling unit is located within an architecturally and historically significant historic district.
(d) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
(e) When there is a car-share rental service pick-up/drop-off location within one (1) block of the accessory dwelling unit.
2. Replacement Parking: When a garage, carport, or covered parking structure is demolished or converted in conjunction with the construction of an accessory dwelling unit, replacement of the parking space(s) meeting the requirements of Section 30-7 Off-Street Parking and Loading Space Regulations shall not be required.
e. Rental and Sale Limitations. The accessory dwelling unit shall not be sold or otherwise conveyed separately from the primary dwelling, and rental of an accessory dwelling unit shall be for a period longer than thirty (30) days.
f. Application and Review Process.
1. Ministerial Review. Except as provided below, application for an accessory dwelling unit shall be reviewed ministerially within sixty (60) days from receipt of a completed application without discretionary review or public hearing when in compliance with the development standards of this section.
2. Combination permits. For applications that combine a new accessory dwelling unit with improvements other than for the accessory dwelling unit, the non-accessory dwelling unit portion of the application shall be subject to design review if said improvement is not exempt from design review as provided by Section 30-37.2.
3. Vacant Lots. An accessory dwelling unit must be located on a lot with a proposed or existing primary dwelling. If the lot is undeveloped, then the applicant will be subject to discretionary review for construction of the primary dwelling.
g. The accessory dwelling unit shall meet the requirements of the building and housing code, as adopted and amended by the Alameda Building Code, that apply to detached dwellings, as appropriate. Except that fire sprinklers or fire attenuation shall not be required for an accessory dwelling unit if not required for the primary residence.
h. No protected tree(s) shall be removed to accommodate an accessory dwelling unit except with the recommendation of a certified arborist and approval procedures set forth in Section 13-21 of Chapter XIII of the Alameda Municipal Code.
i. Nothing in this section supersedes requirements for obtaining development permits pursuant to this chapter or for properties subject to the preservation of historical and cultural resources set forth in Section 13-21 of Chapter XIII of the Alameda Municipal Code.
Section 3. Section 30-4 District Uses and Regulations of the Alameda Municipal Code, including subsections 30-4.1 through 30-4.25, shall be amended as follows:
30-4.1 - R-1, One-Family Residence District.
a. General.
[No amendments to this section.]
b. Uses Permitted.
1. One-family dwellings, including private garages, accessory buildings and uses; reconstruction of destroyed two-family dwellings, provided that all zoning requirements other than density shall be met and that any requirement that would reduce the number or size of the units shall not apply; private, noncommercial swimming pools, boat landings, docks, piers and similar structures; and home occupations in compliance with the standards as set forth in Section 30-2 of this Code to the satisfaction of the Planning and Building Director. Upon the approval of the Planning and Building Director, a Registration of Home Occupation form shall be completed and filed with the Planning and Building Department. Any property owner aggrieved by the approval or non-approval of the Planning and Building Director shall have the right to appeal such action to the City Planning Board in the manner and within the time limits set forth in Section 30-25 of this Code. Nothing contained herein shall be deemed to deny the right of appeal under Section 30-25 following the determination of the City Planning Board.
2. Agriculture, horticulture, home gardening, excluding retail sales of nursery products or the raising of rabbits, dogs, fowl or other animals for commercial purposes.
3. Underground and above-ground utility installations for local service, except that substations, generating plants, gas holders, and transmission lines must be approved by the Planning Board prior to construction.
4. Public parks, schools, playgrounds, libraries, fire stations and other public buildings and uses included in the General Plan.
5. Signs: As provided in Section 30-6 of these regulations.
6. Multiple houses.
7. Family day care homes, large and family day care homes, as licensed by the State of California.
8. Residential care facilities providing care for no more than six (6) persons.
9. Accessory dwelling units and junior accessory dwelling units.
10. Supportive housing and transitional housing.
c. Uses requiring use permits. It is the intent in this paragraph that the following uses shall be reviewed by the Planning Board for their appropriateness in a specific location, or for such other factors as safety, congestion, noise, and similar considerations.
1. Public parks, schools, playgrounds, libraries, fire stations and other public buildings and uses not included in the General Plan.
2. Private and religious schools, day care centers and churches.
3. Community care facilities not listed under uses permitted.
4. Temporary tract sales offices, advertising signs, construction offices, equipment storage yards or structures therefore, which are incidental to the development during the construction and/or sales period.
5. Automobile parking lots and ancillary facilities for ferry terminals serving the general public, provided that:
(a) Parking lots and ancillary facilities adjoin a commercial planned development zoned area or an industrially zoned area in which terminals are permitted;
(b) There is an entrance to the automobile parking lots and ancillary facilities for ferry terminals adjacent to nonresidential areas; and
(c) Any additional parking lot entrances adjacent to residentially zoned areas shall be allowed only if conditions are imposed to minimize the nonlocal automobile traffic to the terminal through the residential areas.
d. Minimum Height, Bulk and Space Requirements.
[No amendments to this section.]
30-4.2 - R-2, Two-Family Residence District.
a. General.
[No amendments to this section.]
b. Uses Permitted.
1. Any number of one-family dwellings, two-family dwellings, and combinations thereof, when separated by a distance not less than twenty (20′) feet; and uses permitted in R-1 Districts.
2. Agriculture, horticulture, home gardening, excluding retail sales of nursery products, or the raising of rabbits, dog, fowl or other animals for commercial purposes.
3. Underground and above ground utility installations for local service, except that substations, generating plants, gas holders and transmission lines must be approved by the Planning Board prior to construction.
4. Public parks, schools, playgrounds, libraries, fire stations and other public buildings and uses included in the General Plan.
5. Signs: As regulated in Section 30-6 of these regulations.
6. Multiple houses.
7. Family day care homes, Large and Family day care homes, Small, as licensed by the State of California.
8. Residential care facilities providing care for no more than six (6) persons.
9. Accessory dwelling units and junior accessory dwelling units.
c. Uses Requiring Use Permits. It is the intent of this paragraph that the following uses shall be reviewed by the Planning Board for their appropriateness in a specific location, or for such other factors as safety, congestion, noise, and similar considerations.
1. Public parks, schools, playgrounds, libraries, fire stations and other public buildings and uses not included in the General Plan.
2. Private and religious schools, day care centers and churches.
3. Community care facilities not listed under uses permitted.
4. Temporary tract sales offices, advertising signs, construction offices, equipment storage yards or structures therefor, which are incidental to the development during the construction and/or sales period.
5. Bed and breakfast facilities, upon compliance with standards set forth in the definition for bed and breakfast in Section 30-2.
6. Automobile parking lots and ancillary facilities for ferry terminals serving the general public, provided that:
(a) Parking lots and ancillary facilities adjoin a commercial planned development zoned area or an industrially zoned area in which terminals are permitted;
(b) There is an entrance to the automobile parking lots and ancillary facilities for ferry terminals adjacent to nonresidential areas; and
(c) Any additional parking lot entrances adjacent to residentially zoned areas shall be allowed only if conditions are imposed to minimize the nonlocal automobile traffic to the terminal through the residential areas.
d. Minimum Height, Bulk and Space Requirements.
[No amendments to this section.]
30-4.3 - R-3, Garden Residential District.
a. General.
[No amendments to this section.]
b. Uses Permitted.
1. Uses permitted in R-1 and R-2 Districts.
2. Signs: Those pertaining directly to a permitted multiple family or nonresidential use on the property, and as further regulated in Section 30-6 of these regulations.
3. Multiple houses.
4. Family day care homes, Large and Family day care homes, Small, as licensed by the State of California.
5. Residential care facilities providing care for no more than six (6) persons.
6. Bed and breakfast facilities, upon compliance with standards set forth in the definition for bed and breakfast in Section 30-2.
7. Accessory dwelling units and junior accessory dwelling units.
c. Uses Requiring Use Permits. It is the intent of this paragraph that the following uses shall be reviewed by the Planning Board for their appropriateness in a specific location, or for such other factors as safety, congestion, noise, and similar considerations.
1. Temporary tract sales offices, advertising signs, construction offices, equipment storage yards or structures therefor, which are incidental to the development during the construction and/or sales period.
2. Private and religious schools, day care centers and churches.
3. Community care facilities not listed under uses permitted.
4. Automobile parking lots and ancillary facilities for ferry terminals serving the general public, provided that:
(a) Parking lots and ancillary facilities adjoin a commercial planned development zoned area or an industrially zoned area in which terminals are permitted;
(b) There is an entrance to the automobile parking lots and ancillary facilities for ferry terminals adjacent to nonresidential areas; and
(c) Any additional parking lot entrances adjacent to residentially zoned areas shall be allowed only if conditions are imposed to minimize the non-local automobile traffic to the terminal through the residential areas.
d. Minimum Height, Bulk and Space Requirements.
[No amendments to this section.]
30-4.4 - R-4, Neighborhood Residential District.
a. General.
[No amendments to this section.]
b. Uses Permitted.
1. Uses as permitted in R-1, R-2 and R-3 Districts.
2. Signs: As r0egulated in Section 30-6 of these regulations.
c. Uses Requiring Use Permits.
It is the intent of this paragraph that the following uses shall be reviewed by the Planning Board for their appropriateness in a specific location, or for such other factors as safety, congestion, noise, and similar considerations.
1. Uses not otherwise permitted in paragraph b. and as required in R-3 Districts.
2. Storage garage buildings when constructed on a vacant lot, and for the primary use of occupants of adjacent buildings.
3. Temporary tract sales offices, advertising signs, construction offices, equipment storage yards or structures therefor which are incidental to the development during the construction and/or sales period.
4. Administrative offices of nonprofit community social service organizations.
5. Bed and breakfast facilities, upon compliance with standards set forth in the definition for bed and breakfast in Section 30-2.
6. Automobile parking lots and ancillary facilities for ferry terminals serving the general public, provided that:
(a) Parking lots and ancillary facilities adjoin a commercial planned development zoned area or an industrially zoned area in which terminals are permitted;
(b) There is an entrance to the automobile parking lots and ancillary facilities for ferry terminals adjacent to nonresidential areas; and
(c) Any additional parking lot entrances adjacent to residentially zoned areas shall be allowed only if conditions are imposed to minimize the non-local automobile traffic to the terminal through the residential areas.
d. Minimum Height, Bulk and Space Requirements.
[No amendments to this section.]
30-4.5 - R-5, General Residential District.
a. General.
[No amendments to this section.]
b. Uses Permitted.
1. Uses permitted in R-1, R-2, R-3 and R-4 Districts.
2. Shared living.
3. Private storage garages, parking lots uncovered and screened by suitable walls or planting when operated by or in conjunction with a permitted use.
4. Parks, playgrounds, public and private schools, churches and religious institutions, libraries, nurseries, day care centers and public buildings.
5. Signs: As regulated in Section 30-6 of these regulations.
6. Bed and breakfast facilities, upon compliance with standards set forth in the definition for bed and breakfast in Section 30-2.
c. Uses Requiring Use Permits.
It is the intent of this paragraph that the following uses shall be reviewed by the Planning Board for their appropriateness in a specific location, or for such other factors as safety, congestion, noise, and similar considerations.
1. Hospitals, rest homes, sanitariums, mortuaries, and professional offices for doctors, dentists, architects, engineers, accountants, artists, authors, attorneys, real estate and insurance offices, medical and dental clinics, and other uses which are similar to the foregoing, and clubs, lodges and fraternities, except those open to the general public or operated as a business for profit, administrative office of nonprofit community social service organizations.
2. Incidental and accessory buildings and uses on the same lot with, and necessary for, the operation of any permitted use.
3. Advertising signs pertaining directly to a permitted nonresidential use or uses on a property, as regulated in Section 30-6 of these regulations.
4. Temporary tract sales offices, advertising signs, construction offices, equipment storage yards or structures therefor, which are incidental to the development during the construction and/or sales period.
5. Automobile parking lots and ancillary facilities for ferry terminals serving the general public, provided that
(a) Parking lots and ancillary facilities adjoin a commercial planned development zoned area or an industrially zoned area in which terminals are permitted;
(b) There is an entrance to the automobile parking lots and ancillary facilities for ferry terminals adjacent to nonresidential areas; and
(c) Any additional parking lot entrances adjacent to residentially zoned areas shall be allowed only if conditions are imposed to minimize the non-local automobile traffic to the terminal through the residential areas.
d. Minimum Height, Bulk and Space Requirements.
[No amendments to this section.]
30-4.6 - R-6, Hotel Residential District.
a. General.
[No amendments to this section.]
b. Uses Permitted.
1. Uses permitted in the R-1, R-2, R-3, R-4 and R-5 Districts.
2. Hotels, motels, hospitals, rest homes, professional offices for doctors, dentists, architects, engineers, accountants, artists, authors, attorneys, real estate and insurance offices, medical and dental clinics, and other uses which are similar to the foregoing; and clubs, lodges and fraternities, except those open to the general public or operated as a business or for profit, administrative office of nonprofit community social service organizations.
3. Incidental and accessory buildings and uses on the same lot with, and necessary for, the operation of any permitted use.
4. Signs: Those pertaining directly to a permitted multiple family or nonresidential use on the property, and as further regulated in Section 30-6 of these regulations.
5. Bed and breakfast facilities, upon compliance with standards set forth in the definition for bed and breakfast in Section 30-2.
c. Uses Requiring Use Permit. It is the intent of the paragraph that the following uses shall be reviewed by the Planning Board for their appropriateness in a specific location, or for such other factors as safety, congestion, noise, and similar considerations.
1. Temporary tract sales offices, advertising signs, construction offices, equipment storage yards or structures therefor, which are incidental to the development during the construction and/or sales period.
2. Automobile parking lots and ancillary facilities for ferry terminals serving the general public, provided that:
(a) Parking lots and ancillary facilities adjoin a commercial planned development zoned area or an industrially zoned area in which terminals are permitted;
(b) There is an entrance to the automobile parking lots and ancillary facilities for ferry terminals adjacent to nonresidential areas; and
(c) Any additional parking lot entrances adjacent to residentially zoned areas shall be allowed only if conditions are imposed to minimize the non-local automobile traffic to the terminal through the residential areas.
3. Commercial recreation.
d. Minimum Height, Bulk and Space Requirements.
[No amendments to this section.]
30-4.7 - A-P, Administrative-Professional District.
[No amendments to this section.]
30-4.8 - C-1, Neighborhood Business District.
a. General.
[No amendments to this section.]
b. Uses Permitted.
1. Any nonresidential use permitted in R-1, R-2, R-3, R-4 and R-5 Districts.
2. The following retail and similar business uses when conducted principally within enclosed structures and where said uses are not doing business between the hours of 10:00 p.m. and 7:00 a.m.:
(a) Art and antique shops,
(b) Bakery goods stores,
(c) Barber and beauty shops,
(d) Book stores and rental libraries,
(e) Candy stores,
(f) Clothing stores,
(g) Dairy products stores, excluding processing,
(h) Drug stores, including fountain and food service,
(i) Florist shops,
(j) Gift, novelty and stationery shops,
(k) Hardware stores,
(l) Jewelry shops,
(m) Laundries and cleaning agencies, including pressing, spotting, garment repair and alteration service,
(n) Music and dancing studios,
(o) Repair shops for shoes, radios and television sets, small domestic appliances, watches and similar items,
(p) Bed and breakfast facilities, upon compliance with standards set forth in the definition for bed and breakfast in Section 302,
(q) Uses permitted in the A-P District, and other office uses not associated with permitted retail sales use of the site, provided that for any frontage of a building adjoining a public street, public alley or public sidewalk, fifty (50%) percent in depth of the ground floor space nearest such frontage shall be reserved for retail sales and/or service uses permitted in the C-1 District.
3. Public utility service offices and underground or above ground public utility facilities primarily for local service such as substations, gas regulators, manned or unmanned communications equipment buildings, and similar uses.
4. Signs: As provided in Section 30-6 of these regulations.
5. Accessory dwelling units and junior accessory dwelling units, as regulated in Section 30-5.18, when a primary dwelling exists on the lot.
c. Uses Requiring Use Permits.
[No amendments to this section.]
d. Minimum Height, Bulk and Space Requirements:
[No amendments to this section.]
30-4.9 - C-2, Central Business District.
a. General.
[No amendments to this section.]
b. Uses Permitted.
1. Uses permitted in C-1 Districts, except those which require a Use Permit under paragraph c.
2. The following and similar retail, business, or service uses when conducted principally within enclosed structures:
(a) Appliance stores,
(b) Art supply shops,
(c) Auditoriums,
(d) Bakery shops,
(e) Banks, savings and loan associations, including drive-in facilities,
(f) Beauty colleges,
(g) Blueprinting shops,
(h) Bowling establishments,
(i) Business colleges,
(j) Uses permitted in the A-P District, and other office uses not associated with permitted retail sales use of the site, provided that for any frontage of a building adjoining a public street, public alley or public sidewalk, fifty (50%) percent in depth of the ground floor space nearest such frontage shall be reserved for retail sales and/or service uses permitted in the C-2 District,
(k) Catering shops,
(l) Dairy products stores,
(m) Department stores,
(n) Furniture stores, including new and used,
(o) Hotels, motels,
(p) Job printing shops,
(q) Lodge halls and social clubs,
(r) Mortuaries,
(s) Music stores,
(t) Newspaper publishing and printing establishments,
(u) Paint stores,
(v) Pawn shops,
(w) Pet shops,
(x) Photographic stores,
(y) Plumbing supplies and fixtures, retail sales only,
(z) Restaurants, snack bars, lunch counters, but excluding drive-ins,
(aa) Shoe stores,
(bb) Taverns,
(cc) Theaters, including movie and legitimate, but excluding drive-in type,
(dd) Travel agencies,
(ee) Used household articles and clothing sales,
(ff) Self-operated laundries,
(gg) Public buildings.
(hh) Bed and breakfast facilities, upon compliance with standards set forth in the definition for bed and breakfast in Section 30-2.
3. Incidental storage and accessory uses, including repair operations and services, provided such uses shall be incidental to the retail sale of products on the premises, shall not employ more than five (5) persons excluding sales personnel, and shall be placed and constructed as not to be offensive or objectionable because of odor, dust, smoke, noise or vibration.
4. Signs: As provided by Section 30-6 of this article.
5. Accessory dwelling units and junior accessory dwelling units, as regulated in Section 30-5.18, when a primary dwelling exists on the lot.
c. Uses Requiring Use Permits.
[No amendments to this section.]
d. Minimum Height, Bulk and Space Requirements:
[No amendments to this section.]
30-4.9A - C-C, Community Commercial Zone.
a. General.
[No amendments to this section.]
b. Uses Permitted.
[No amendments to this section.]
c. Uses Requiring Use Permits.
[No amendments to this section.]
d. Accessory Uses, Buildings, and Structures.
1. The following accessory uses, buildings and structures are permitted in the C-C District:
(a) Incidental storage and accessory uses, including repair operations and services, provided such uses shall be incidental to the retail sale of products on the premises, shall not employ more than five (5) persons excluding sales personnel, and shall be placed and constructed as not to be offensive or objectionable because of odor, dust, smoke, noise or vibration,
(b) Other uses and structures which are customarily incidental and clearly subordinate to permitted and conditional use as determined by the Planning Director.
(c) Accessory dwelling units and junior accessory dwelling units, as regulated in Section 30-5.18, when a primary dwelling exists on the lot.
e. Design Review Required.
[No amendments to this section.]
f. Signs.
[No amendments to this section.]
g. Development Regulations.
[No amendments to this section.]
30-4.10 - C-M, Commercial- Manufacturing District.
[No amendments to this section.]
30-4.11 - M-1, Intermediate Industrial (Manufacturing) District.
[No amendments to this section.]
30-4.12 - M-2, General Industrial (Manufacturing) District.
[No amendments to this section.]
30-4.13 - PD, Planned Development Combining District.
[No amendments to this section.]
30-4.14 - A, Agricultural Combining District
[No amendments to this section.]
30-4.15 - B, Special Building Site Combining District.
[No amendments to this section.]
30-4.16 - H, Special Height Combining District.
[No amendments to this section.]
30-4.17 - G, Special Government Combining District.
[No amendments to this section.]
30-4.18 - Y, Special Yard Combining District.
[No amendments to this section.]
30-4.19 - O, Open Space District.
[No amendments to this section.]
30-4.20 - M-X, Mixed-Use Planned Development District.
[No amendments to this section.]
30-4.21 - E, Estuary District.
[No amendments to this section.]
30-4.22 - T, Theatre Combining District.
[No amendments to this section.]
30-4.23 - Multi-family Residential Combining Zone.
[No amendments to this section.]
30-4.24 - Alameda Point.
a. Purpose.
[No amendments to this section.]
b. Applicability.
[No amendments to this section.]
c. Alameda Point Sub-district Purpose Descriptions.
[No amendments to this section.]
d. Site Planning and Building Design Requirements.
[No amendments to this section.]
e. Building Height Requirements.
[No amendments to this section.]
f. Building Types and Building Frontage Design.
[No amendments to this section.]
g. Use and Parking Regulations.
1. Use Regulations Table. Table B indicates the land uses that are permitted "by right" (P), by conditional use permit (C), or not permitted (-), within each Sub-district. Conditional use permits may be granted pursuant to the procedures and standards of Sections 30-21.3 and 30-21.4. Off-street parking regulations (as defined below) are included in Table B for each land use.
2. Waterfront Town Center and Main Street Neighborhood Sub-district Uses. Permitted and conditionally permitted uses in the Waterfront Town Center and the Main Street Neighborhood shall be included in the required Waterfront Town Center and Main Street Neighborhood Master Plans. Interim uses proposed in the Main Street Neighborhood and Waterfront Town Center sub-districts prior to adoption of a Master Plan for the area shall be consistent with Table B.
3. Open Space Sub-district Uses. Uses proposed in the open space sub-district shall be consistent with Section 30-4.19 Open Space District, provided that all use of these public lands shall require approval of a conditional use permit and be reviewed for consistency with the Public Trust Exchange Agreement.
4. Similar and Accessory Uses. If a proposed use is not listed in Table B Allowed Land Uses as a permitted or conditionally permitted use, it shall not be permitted unless the Planning Director or the Planning Board determines that the proposed use is substantially similar to a use specified as a permitted or conditionally permitted use in that sub-district. Such determination shall not permit the establishment of any use that would be inconsistent with the statement of purpose of the sub-district in question, and no interpretation shall have the effect of amending, abrogating, or waiving any other standard or requirement established in these regulations. Accessory uses customarily incidental to any of the above permitted uses when on the same lot are permitted. Accessory uses customarily incidental to any of the above conditional uses when located on the same lot are conditionally permitted with the granting of a conditional use permit pursuant to AMC, Section 30-21.3 or 30-21.4. Accessory dwelling units and junior accessory dwelling units, as regulated in Section 30-5.18, shall be permitted when a primary dwelling exists on the lot.
5. Work/Live Uses. Work/live uses shall be consistent with Section 30-15, except that in the Alameda Point Zoning District, work/live units may be allowed in new buildings consistent with the work/live type described in the Design Review Manual. Projects that are eligible for density bonus waivers pursuant to Section 30-17 may include work/live that are not consistent with the requirements of Section 30-15.
6. Multifamily Housing. Proposals to construct multifamily housing or adaptively reuse a non-residential building for multifamily housing shall be accompanied by an application for a density bonus and a waiver of the multifamily prohibition in AMC 30-53. Within the adaptive reuse sub-district, multifamily residential use may be conditionally approved with a density bonus application and waiver only in contributing structures Buildings 2, 4, and 17.
7. Outdoor Operations and Activities. Any use that is normally conducted within a building and permitted by the zoning may be permitted outdoors with approval of a conditional use permit.
8. Adaptive Reuse Sub-district between Saratoga and Lexington Streets. All use of these lands and existing buildings shall be reviewed for consistency with the Public Trust Exchange Agreement.
9. Fireworks, Aircraft, and Feeding Stations. To protect the California least tern endangered species, fireworks displays and the operation of aircraft shall not be permitted between April 1 and August 15. Feral cat feeding stations and colonies, and the feeding of any native and non-native wildlife species that are potentially predators of least terns are prohibited.
10. Interim Uses. Use permits may be issued for interim uses that may not be permitted or conditionally permitted as set out in Table B, provided that interim use permits provide opportunities for short-term uses and activities for a defined period of time, not to exceed five (5) years that are not intended to be permanent uses but are transitional in nature, generally allowing for emergency situations, construction and remediation activities, or the cultivation and establishment of small, low-overhead businesses and their eventual relocation into permanent structures.
11. Table B: Allowed Land Uses and Off-Street Parking Requirements.
[No amendments to this section.]
12. Transit Oriented Development Parking Regulations.
[No amendments to this section.]
13. Off-Street Parking and Loading Regulations.
[No amendments to this section.]
14. Reserved Parking.
[No amendments to this section.]
15. Exceeding Reserved Parking Ratio.
[No amendments to this section.]
16. Unbundled Parking.
[No amendments to this section.]
17. Open Space Sub-district Parking Requirements.
[No amendments to this section.]
30-4.25 - North Park Street District.
a. Purpose.
[No amendments to this section.]
b. Applicability.
[No amendments to this section.]
c. Sub-district Descriptions.
[No amendments to this section.]
d. Building Form and Site Design Requirements.
[No amendments to this section.]
e. Use Regulations.
i. Table B - Allowed Land Uses
[No amendments to this section.]
ii. Conditional use permits may be granted pursuant to the procedures and standards of Sections 30-21.3 and 30-21.4.
iii. If a proposed use is not listed in Table B - Allowed Land Uses as a permitted or conditionally permitted use it shall not be permitted unless the Planning Director or the Planning Board determines that the proposed use is substantially similar to a use specified as a permitted or conditional use in that sub-district. Such determination shall not permit the establishment of any use that would be inconsistent with the statement of purpose of the sub-district in question, and no interpretation shall have the effect of amending, abrogating, or waiving any other standard or requirement established in these regulations. In no case shall this provision be interpreted to permit check cashing businesses, tattoo parlors on the ground floor, gun and firearm sales, or tobacco and tobacco product stores except the sale of tobacco and tobacco products is allowed as accessory to other permitted or conditionally permitted uses.
iv. Accessory uses customarily incidental to any of the above permitted uses when on the same lot are permitted. Accessory uses customarily incidental to any of the above conditional uses when located on the same lot are conditionally permitted with the granting of a use permit pursuant to AMC, Section 30-21.3 or 30-21.4. Accessory dwelling units and junior accessory dwelling units, as regulated in Section 30-5.18, shall be permitted when a primary dwelling exists on the lot.
v. Work live uses shall be consistent with Section 30-15, except that in the North Park Street District, work live units may be allowed in new buildings consistent with the work live work type described in the Design Review Manual. Properties with the multi-family overlay zoning designation and projects that are eligible for density bonus waivers pursuant to Section 30-17 may include work live that are not consistent with the requirements of Section 30-15.
Section 4. Section 30-25 of the Alameda Municipal Code is hereby amended as follows:
30-25 - APPEALS OR CALLS FOR REVIEW.
30-25.1 - Purpose and Authorization for Appeals and Calls for Review.
a. Appeals. To avoid results inconsistent with the purposes of this chapter as stated in subsection 30-1.2, final decisions of the Community Development Director or Zoning Administrator may be appealed to the Planning Board and final decisions of the Planning Board, Public Art Commission, or Historical Advisory Board may be appealed to the City Council by any person aggrieved or by any officer, agency or department of the City affected by any decision, determination or requirement.
b. Calls for Review. As an additional safeguard to avoid results inconsistent with the purposes of this chapter as stated in subsection 30-1.2, final decisions of the Community Development Director or Zoning Administrator may be called up for review by a member of the Planning Board or by a member of the City Council for review by the Planning Board and final decisions of the Planning Board, Public Art Commission, or Historical Advisory Board may be called up for review by members of the City Council for review by the City Council.
30-25.2 - Final Decisions and Time Limits for Appeals and Calls for Review.
a. Final Decision of the Community Development Director or Zoning Administrator. Any final decision of the Community Development Director or Zoning Administrator shall be effective on the date of the decision, unless any person aggrieved by or any officer, agency, or department of the City affected by any decision of the Community Development Director or Zoning Administrator, files a Notice of Appeal with the Community Development Department no later than ten (10) days following the decision or at least one (1) City councilmember or at least one (1) Planning Board member files a call for review with the Community Development Department no later than ten (10) days following the decision. Decisions that are appealed or called for review shall not become effective until the appeal or call for review is resolved by the Planning Board. Decisions by the Planning Board to uphold, overturn, or modify a decision of the Community Development Director or Zoning Administrator are appealable to the City Council.
b. Final Decision of the Planning Board, Public Art Commission, or Historical Advisory Board. Any final decision of the Planning Board, Public Art Commission, or Historical Advisory Board shall be effective on the date of the decision, unless any person aggrieved by or any officer, agency, or department of the City affected by any decision of the Planning Board, Public Art Commission, or Historical Advisory Board, files a Notice of Appeal with the Community Development Department no later than ten (10) days following the decision or at least two (2) City Councilmembers files a call for review with the Community Development Department no later than ten (10) days following the decision. It shall not be necessary for the two (2) Councilmembers requesting the call for review to state the same reason for the need for the call for review. Decisions that are appealed or called for review shall not become effective until the appeal or call for review is resolved by the City Council.
c. Final Decision of the City Council. A decision by the City Council regarding an appeal or call for review shall become final on the date of the decision subject to judicial review pursuant to California Code of Civil Procedure Section 1094.5. Any petition for judicial review is subject to the provisions of California Code of Civil Procedure Section 1094.6 after the date of the City Council's decision.
d. End of Appeal or Call for Review Period. When the end of an appeal or call for review period falls on a weekend or a statutory holiday, the period shall continue until the first working day thereafter.
30-25.3 - Reserved.
30-25.4 - Initiation of Appeals and Calls for Review.
a. Appeals of Actions of the Community Development Director or Zoning Administrator. An appeal to the Planning Board concerning final actions of a Community Development Director or the Zoning Administrator shall be filed in writing with the Community Development Department and shall be accompanied by the required fees. In filing an appeal, the appellant shall specifically state the reasons or justification for an appeal.
b. Appeals of Actions of the Planning Board, Public Art Commission, or Historical Advisory Board. An appeal to the City Council concerning final actions of the Planning Board, Public Art Commission, or Historical Advisory Board decision shall be filed in writing with the Community Development Department and shall be accompanied by the required fees. In filing an appeal, the applicant shall specifically state the reasons or justification for an appeal.
c. Calls for Review. A call for review shall be filed in writing with the Community Development Department and shall state the reasons or justification for the call for review. All City of Alameda costs associated with the call for review, including staff time, technical assistance, and noticing the public hearing shall be funded by the General Fund and shall not be charged to the project applicant.
30-25.5 - Procedures for Appeals and Calls for Review.
a. Hearing Date.
[No amendments to this section.]
b. Notice and Public Hearing.
[No amendments to this section.]
c. Evidence.
[No amendments to this section.]
d. Hearing.
[No amendments to this section.]
e. Decision and Notice.
[No amendments to this section.]
Section 5. Section 30-36 of the Alameda Municipal Code is hereby amended as follows:
30-36 - DESIGN REVIEW PROCEDURE.
30-36.1 - Design Review Staff.
[No amendments to this section.]
30-36.2 - Notice.
[No amendments to this section.]
30-36.3 - Notice of Decision.
[No amendments to this section.]
30-36.4 - Appeals and Calls for Review.
Any person dissatisfied with a final decision of the Planning Director may file an appeal to the Planning Board within ten (10) calendar days from the date the Notice of Decision pursuant to Section 30-25. Failure to file a timely appeal shall result in a waiver of the right to appeal. The appeal shall state in detail the factual basis for the appeal. Appeals shall be heard pursuant to Section 30-25. The decision of the Planning Director may be called for review pursuant to Section 30-25.
Section 6. Section 30-10 of the Alameda Municipal Code is hereby amended 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 (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.
c. Permitted Uses.
[No amendments to this section.]
d. Applicability.
[No amendments to this section.]
e. Home Occupations.
[No amendments to this section.]
f. Use Permit.
[No amendments to this section.]
g. Permitted Locations.
[No amendments to this section.]
h. Off-Street Parking.
[No amendments to this section.]
i. Lighting.
[No amendments to this section.]
j. Business Conducted Within Building.
[No amendments to this section.]
k. Conditions of Approval.
[No amendments to this section.]
l. Vesting of Use Permit.
[No amendments to this section.]
m. Revocation or Modification.
[No amendments to this section.]
30-10.2 - Personal Cultivation of Cannabis.
[No amendments to this section.]
Section 7. CEQA Determination. Adoption of this Ordinance is exempt from CEQA pursuant to CEQA Guidelines sections 15061(b)(3) (common sense exemption: where it can be seen with certainty that the proposal does not have the potential to have a significant effect on the environment) and 15183 (projects consistent with a community plan, general plan, or zoning), and CEQA Guidelines Section 15282(h) and Public Resources Code section 21080.17 (adoption of ordinance to implement Government Code Section 65852.2 exempt from CEQA), each of which provides a separate and independent basis for CEQA clearance and when viewed collectively provide an overall basis for CEQA clearance.
Section 8. 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 9. Implied Repeal. Any provision of the Alameda Municipal Code inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to the extent necessary to effect the provisions of this Ordinance.
Section 10. 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.
Section 11. Authority. This Ordinance is enacted pursuant to Government Code Section 65852.2, the City of Alameda’s general police powers and Article XI of the California Constitution.
Section 12. State Review. The City Clerk shall submit a copy of this Ordinance to the Department of Housing and Community Development within 60 days after adoption.
_____________________________
Presiding Officer of the City Council
Attest:
____________________
Lara Weisiger, City Clerk
* * * * * *
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 5th day of May, 2020, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSENTIONS:
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 6th day of May, 2020.
Lara Weisiger, City Clerk City of Alameda
APPROVED AS TO FORM:
_______________________________
Yibin Shen, City Attorney
City of Alameda