pages: CityCouncil/2018-10-16.pdf, 17
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CityCouncil | 2018-10-16 | 17 | The Base Reuse and Economic Development Director responded the discuss is whether or not the City would amend the definition of sensitive uses to include churches and other places of worship; stated the Council has adopted a robust process for approving cannabis businesses; the process consists of applying for a Use Permit under the regulatory ordinance as well as a land use application process which is governed by the ordinance that will extend use either by the Zoning Administrator or the Planning Board; having sensitive uses defined is helpful, but it will not be the only deciding factor that the Planning Board would take into account; the Board will also hear public testimony ; if the Council leaves the definition of sensitive uses intact, there is still an opportunity to have public input; the Planning Board would act on the application and consider criteria beyond the definition of sensitive uses; there is also the standard appeal or call for review process; the Council can look at amending the definition of sensitive uses to include places of worship or let the process play out for the current application; under ABC regulations, proximity to a sensitive use are is not a sufficient reason to deny a permit; additional factors can be taken into account. Councilmember Ezzy Ashcraft inquired if the members who spoke from the mosque could appear before the Zoning Administrator or the Planning Board, to which the Assistant City Attorney responded in the affirmative; stated the potential for legal challenge should be considered. Councilmember Ezzy Ashcraft stated that she would not support making a change to the buffer zone; there needs to be a map indicating places of worship and impacts. Councilmember Oddie expressed concern; stated there is a process in place; inquired what would happen the next time the City approves an application and then makes changes. Councilmember Matarrese stated there is a process under the current rules; the applicant will go before the Planning Board or Administrator to determine whether or not a Use Permit will be granted; inquired whether or not applications are required to be granted and if the process is truly discretionary; requested clarification of the process. The Assistant City Attorney responded the process would follow the same guidelines as a Use Permit issuance; stated approval is discretionary; there is the ability to add additional conditions. Councilmember Matarrese inquired whether the process is no different from any other Use Permit, under the current law, to which the Assistant City Attorney responded in the affirmative. Mayor Spencer inquired if the Planning Board could add a condition to revoke the permit if someone smokes cannabis on the street three times; inquired what kind of conditions could be added. Regular Meeting Alameda City Council 14 October 16, 2018 | CityCouncil/2018-10-16.pdf |