CITY COUNCIL
MEETING
FEBRUARY 28, 2023
PRESENTATIONS
CANNABIS
REGULATIONS REVISED
ORDINANCE
ITEM #8
LB 23-009
1 2023 Updates to Commercial Cannabis Ordinance
City Attorney’s Office
Michael Vigilia, Senior Assistant City Attorney
2 Overview of Proposed Amendments
• Minor clean-up language to clarify:
• That permit applications are accompanied by a fee not a refundable deposit.
• Applicable performance standards for operators, which are contained in the Zoning Ordinance
• Clarify that violations are subject to existing administrative enforcement tools contained in the Hayward Municipal Code. • Authorize the City Attorney to seek civil penalties against violators.
3 Proposed Clean-up Language
• HMC section 6-14.13 references payment of a refundable deposit with an application. This language was inadvertently not changed during the last round of updates in 2021 to specify that the payment is a non-refundable fee.
• HMC section 6-14.14 was intended to specify the performance standards for operators were contained in Section 10-1.3600 but inadvertently left out that specific connective language during the 2021 round of updates.
4 Existing Administrative Enforcement Tools
• General Administrative Citation Process – Chapter 1, Article 3; Chapter 1, Article 7 of the HMC.
• Nuisance Abatement Process
• Chapter 4, Article 1 – Public Nuisances
• Chapter 4, Article 15 – Social Nuisance Ordinance
• Chapter 5, Article 7 – Community Preservation Ordinance • City Attorney can seek injunctions to stop conduct of violators. 5 Proposed Enforcement Tool
• Authorize City Attorney to seek civil penalties against violators. • Civil penalty amounts are based on existing administrative penalty amounts for cannabis violations.
• $5,000 - $15,000 per day a violation exists.
• Cultivation violations - $1,000 per plant - $5,000 per plant depending on frequency of violations.
6 Internal Cannabis Working Group
• City Attorney’s Office – Michael Vigilia, Sr. Asst. City Attorney • Planning Division – Jeremy Lochirco, Planning Manager • Code Enforcement – Phil Nichols, Code Enforcement Manager • Police Department – Det. Gabrielle Wright, Sgt. Mike Carpenter 7 Comments/Questions