1 of 4
ATTACHMENT 1
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RICHMOND AMENDING THE RICHMOND MUNICIPAL CODE SECTION 15.04.610.270
(MARIJUANA/CANNABIS: COMMERCIAL USES)
WHEREAS, pursuant to Article XI, section 7 of the California Constitution and sections 36931 et seq. of the California Government Code, the City may make and enforce within its limits all local, police, sanitary and other ordinances and regulations not in conflict with general laws; and
WHEREAS, the general plan is the City’s constitution for future development and any decision by a City affecting land use and development must be consistent with the general plan; and
WHEREAS, on April 24, 2012, the City Council certified the Final Environmental Impact Report for the General Plan and adopted a Mitigation Monitoring and Reporting Program; and
WHEREAS, on April 24, 2012, the City Council adopted the Richmond General Plan 2030; and
WHEREAS, on November 15, 2016, the City Council adopted the Zoning and Subdivision regulations which were updated under comprehensive review and revision in order to ensure that such regulations are consistent with the General Plan and state and federal laws; and
WHEREAS, on December 7, 2021, the City Council adopted Resolution No. 148-21 approving the establishment of a Cannabis Equity Program including a Cannabis Equity Assessment, and a Cannabis Equity Manual; and
WHEREAS, for the past year, staff has been working to implement the City's Cannabis Equity Program; and
WHEREAS, on October 5, 2023, the Planning Commission held a duly and properly noticed public hearing to consider a recommendation to the City Council on the amendments to Section 15.04.610.270 Marijuana/Cannabis Commercial Uses; and
WHEREAS, the Planning Commission considered the agenda report, all public comments, and the amendments to Section 15.04.610.270 Marijuana/Cannabis Commercial Uses, as set forth in Exhibit A of this ordinance and the applicable provisions of the Richmond Municipal Code (“the Record”) and recommended adoption to the City Council of the proposed zoning text amendments; and
WHEREAS, on November 7, 2023, the City Council held a duly and properly noticed public hearing to consider the amendments to Section 15.04.610.270 2 of 4
Marijuana/Cannabis Commercial Uses, as set forth in Exhibit A, incorporated herein by reference; and
WHEREAS, the City Council has considered the agenda report, all public comments, and the proposed amendments to Section 15.04.610.270 and the applicable provisions of the Richmond Municipal Code (“the Record”).
WHEREAS, the City Council finds and determines:
1) Pursuant to California Environmental Quality Act (“CEQA”) Guidelines § 15378 and California Public Resources Code § 21065, the amendments to Article
15.04.610 are not a “project” because its adoption is not an activity that has the potential for a direct physical change or reasonably foreseeable indirect physical change in the environment; and
2) Even if the amendments to Article 15.04.610 qualified as a “project” subject to CEQA, and pursuant to CEQA Guidelines § 15061(b)(3), there is no possibility that this project will have a significant impact on the physical environment.
The proposed ordinance merely amends the Richmond Municipal Code to regulate the future establishment of commercial cannabis uses and does not directly or indirectly authorize or approve any actual changes in the physical environment. Applications for any new cannabis business or change to an existing facility would be subject to additional environmental review on a case-by-case basis; and
3) The amendments to Section 15.04.610.270 are consistent with the General Plan; and
Supporting Statement of Fact: The proposed amendments will assist the City in achieving certain Economic Development and Community Health and Wellness goals, policies, and actions identified in the General Plan. Specifically, a cannabis equity program will support people and communities harmed by cannabis criminalization.
These efforts lower barriers to the cannabis industry for those hit hardest by the War on Drugs (see General Plan 2030 Policy ED2.1, Local Employment Base and Policy HW6.6 Local Small Businesses).
4) The amendments to Section 15.04.610.270 are necessary for public health, safety, and general welfare or will be of benefit to the public; and
Supporting Statement of Fact: Certain clarifying amendments will assist in the city in administration of the cannabis ordinance, specifically related to the renewal and denial of cannabis business permits. Having clear regulations assists both applicant, operators, and staff in the administration.
5) The facts set forth in the recitals in this Ordinance are true and correct and incorporated by reference. The recitals constitute findings in this matter and, together with the agenda report, other written reports, public testimony and other information contained in the record, are an adequate and appropriate evidentiary basis for the actions taken in this Ordinance.
3 of 4
SECTION I. Municipal Code Amendments.
The City Council of the City of Richmond does ordain as follows:
Section 15.04.610.270 of the City of Richmond Municipal Code is hereby amended as shown in Exhibit A attached hereto and incorporated herein by reference.
SECTION II. Severability.
If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid, the remaining portions of this Ordinance shall remain in full force and effect. The City Council hereby declares that it would have passed each section, subsection, paragraph, sentence, clause or phrase of this Ordinance irrespective of the unconstitutionality or invalidity of any section, subsection, paragraph, sentence, clause or phrase.
SECTION III. Effective Date.
This Ordinance becomes effective thirty (30) days after its final passage and adoption.
-------------------------------------------------
First introduced at a regular meeting of the City Council of the City of Richmond held _______________________ and finally passed and adopted at a regular meeting held _________________________by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
_____________________________
CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
______________________
Mayor
Approved as to form:
4 of 4
______________________
City Attorney
Attachments:
Exhibit A: Proposed Amendments to RMC Section 15.04.610.270 (Clean)