File #: 2020-8404   
Type: Regular Agenda Item
Body: City Council
On agenda: 10/20/2020
Title: Public Hearing to Consider an Appeal of the Planning Board's Decision to Approve Use Permit No. PLN20-0160 to Allow the Operation of a Cannabis Retail Dispensary at 2416 Lincoln Avenue; and Adoption of Resolution Denying Appeal and Approving Use Permit Application No. Pln20-0160, Subject to Modified Conditions of Approval, to Allow the Operation of a Cannabis Retail Dispensary at 2416 Lincoln Avenue. (Planning, Building and Transportation 481005)
Attachments: 1. Exhibit 1 - Resolution No. PB-20-19, 2. Exhibit 2 - Appeal, 3. Exhibit 3 - Public Notice, 4. Exhibit 4 - Project Plans, 5. Resolution, 6. Appellant Presentation, 7. Correspondence - Updated 10/20
Title

Public Hearing to Consider an Appeal of the Planning Board's Decision to Approve Use Permit No. PLN20-0160 to Allow the Operation of a Cannabis Retail Dispensary at 2416 Lincoln Avenue; and
Adoption of Resolution Denying Appeal and Approving Use Permit Application No. Pln20-0160, Subject to Modified Conditions of Approval, to Allow the Operation of a Cannabis Retail Dispensary at 2416 Lincoln Avenue. (Planning, Building and Transportation 481005)
Body
To: Honorable Mayor and Members of the City Council

EXECUTIVE SUMMARY

On August 17, 2020, the Planning Board approved a Use Permit application to allow the operation of a cannabis retail dispensary at 2416 Lincoln Avenue (Exhibit 1, Planning Board Resolution No. PB-20-19). On August 27, 2020, Enrico Meier (Appellant) filed a timely appeal (Appeal) of the Planning Board's decision (Exhibit 2, Appeal).

Staff recommends that the City Council deny the Appeal and approve the Use Permit, thereby upholding the Planning Board's decision, subject to modified conditions of approval to limit the storefront hours of operation to a 9pm closing time in accordance with Alameda Municipal Code (AMC) Section 6-59.10.o (Hours of Operation).

BACKGROUND

In 2017, the City Council adopted two separate ordinances which permitted commercial cannabis activity within the City of Alameda (City). The first ordinance codified AMC Section 6-59, which established regulations for commercial cannabis activity in the City (Cannabis Business Regulations). The Cannabis Business Regulations require that every commercial cannabis business obtain a Cannabis Business Operator's Permit (Operator's Permit) and capped the number of cannabis retail dispensaries to two in the City. The second ordinance modified the Zoning Ordinance (AMC Section 30-10) to allow commercial cannabis activity in certain zoning districts, and required all commercial cannabis businesses obtain a use permit. In terms of sequence, each cannabis retail dispensary ...

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