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Alameda County, CA, acgov.org

Albert Lopez
Planning Director
Planning

Cannabis Cultivation, Retail, and Delivery

Ordinances adopted in 2017

The following ordinances were adopted by the Board of Supervisors in 2017. They permit a limited range of medical cannabis cultivation, retail and delivery operations in unincorporated Alameda County:

Dispensaries and Deliveries:

Cultivation:

The cultivation ordinances are accompanied by the following Performance Standards and Standard Conditions which have been adopted by the Planning Director:

Pursuant to the California Environmental Quality Act (CEQA), on July 11, 2017 the Board of Supervisors adopted a Notice of Intent to Adopt a Mitigated Negative Declaration (NOIA) and an Initial Study/draft Mitigated Negative Declaration (IS/MND) in relation to the ordinances:

** For further information regarding commercial cannabis regulation in unincorporated Alameda County, please refer to the related page: Commercial Cannabis Regulation in Unincorporated Alameda County.

Summary: What do the ordinances allow?

The key features of the ordinances adopted by the Board of Supervisors in 2017 in relation to commercial medical cannabis operations are as follows:

Dispensaries

  • Up to five (5) dispensaries in total may be permitted in unincorporated Alameda County, subject to a Request for Proposal process (RFP) and the selected candidate(s) obtaining a Cannabis Dispensary Permit pursuant to Chapter 6.108 of the County General Code and a Conditional Use Permit ("CUP").
  • This will allow three (3) new dispensaries in addition to the (2) existing dispensaries that are already in operation in the unincorporated area:
    • A maximum of one (1) new dispensary in the west of the County, which must be located in the Retail Business or General Commercial zone; and
    • A maximum of two (2) new dispensaries in the east of the County, which must be located in the Agricultural zone and must be at least five (5) miles apart from another dispensary in the east County and 1 mile from any dispensary in an incorporated city.
  • A dispensary must not be located within 1,000 feet of any other dispensary or any school, licensed child or day care facility, public park or playground, drug recovery facility or recreation center and must not be located in a residential zone or its equivalent.

Delivery

  • Delivery operators must obtain a Cannabis Delivery Permit pursuant to Chapter 6.108 of the County General Code.
  • A Cannabis Delivery Permit can be issued to a "brick and mortar" dispensary holding a valid license or permit to dispense medical cannabis issued by a California city or county.

Cultivation

  • Up to six (6) cultivation sites in total may be permitted in unincorporated Alameda County as part of a two year pilot program for cannabis cultivation:
    • Two (2) cultivation permits are available to existing dispensary operators in unincorporated Alameda County only, subject to those operators obtaining a Cannabis Cultivation Permit pursuant to Chapter 6.106 of the County General Code and a CUP; and
    • The remaining four (4) cultivation permits are available to the general public, subject to an RFP process and the selected candidate(s) obtaining a Cannabis Cultivation Permit and a CUP.
  • Cultivation operations can be permitted in the Agricultural Zoning District only.
  • A cultivation operation must not be located within 1,000 feet of any school, licensed child or day care facility, public park or playground, drug recovery facility or recreation center and must not be within 50 feet from any adjacent property line or 300 feet from any residence on an adjacent property, unless waived in writing by the adjacent owner.
  • Cultivation operations will be required to comply with the County's Performance Standards and Standard Conditions for Pilot Program Cultivation Sites which, among other things, limit the maximum cultivation area for any cultivation site to 22,000 square feet. The Performance Standards and Standard Conditions may be amended by the CDA Director during the implementation of the Pilot Program.

Request for Proposals (RFP's) - Cultivation and Dispensaries

In late 2017, the County completed a Request for Proposals process to select applicants to receive the four (4) cultivation permits and two (2) dispensary permits available for sites in the East County pursuant to Chapters 6.106 and 6.108 of the Alameda County Ordinance Code:

Cultivation

Dispensaries

RFP Addendum

At the completion of the RFP process in December 2017, the County issued a Notice of Intention to Grant a Permit to the following highest ranked cultivation and dispensary Applicants:

Cultivation

  • ACGH, Inc., Manning Road, North Livermore
  • Sunol3C, Inc., 5987 Mission Road, Sunol
  • CCSAC, Inc., Manning Road, North Livermore
  • 5840 Lindemann, LLC, 5840 Lindemann Road, Mountain House

Dispensaries

  • 3220 Andrade partners, LLC, 3220 Andrade Road, Sunol
  • Larry Gosselin, 7699 Altamont Pass Road, North Livermore

Appeals have been filed in relation to the proposed issue of these permits pursuant to the RFP's. The appeals will be the subject of public hearings in early 2018.

One (1) dispensary permit remains available for a site within the West County. The site for this dispensary must be located within Area 2 on the RFP Exhibit A West County Medical Cannabis Dispensary Area (PDF)* map. The RFP for this West County dispensary permit has not been issued yet. Further information regarding this permit will be made available as soon as possible in 2018.

Cultivation and Dispensary Appeals

Several appeals have been filed in relation to the proposed issue of dispensary and cultivation permits pursuant to the RFP's.

The Board of Supervisors considered two appeals in relation to cultivation permits on January 9, 2018. The Board denied the appeals, but directed staff to amend the ordinance to increase the number of permits allowed through the RFP process to eight so that the applicants who ranked fifth through eighth may receive permits, in addition to the applicants ranked first through fourth. The Board also directed staff to amend the ordinances to change the cannabis cultivation program from a pilot program to a permanent use. In addition, the Board directed staff to revise the cultivation and dispensary ordinances to allow the cultivation, sale, and delivery of adult use cannabis, as well as medical cannabis.

Three appeals were filed in relation to dispensary permits. Notice of the outcome of the Administrative Panel public hearing held on February 2, 2018 in relation to the three dispensary appeals is available here:

These have been further appealed to the Board and will be heard on February 27, 2018.

Adult Use Cannabis

The Alameda County Board of Supervisors adopted resolutions in late 2017 allowing the two existing cannabis retailers in unincorporated Alameda County to sell adult use cannabis while the County takes steps to codify commercial adult use cannabis, which will occur in early 2018.

The draft ordinances being presented to the Board of Supervisors in February 2018 include proposed amendments to enable commercial cannabis operations permitted pursuant to the County's ordinances to cultivate, sell and deliver adult use cannabis, as well as medical cannabis.

Delivery Permit Applications

Any person or company delivering cannabis to addresses in unincorporated Alameda County, must first apply for a Delivery Permit pursuant to Chapter 6.108 of the Alameda County General Ordinance Code.

In unincorporated Alameda County, a Cannabis Delivery Permit can only be issued to a "brick and mortar" retailer holding a valid license or permit to sell cannabis issued by a California city or county.

The County is currently in the process of developing Delivery Permit application forms. These will be made available on this website as soon as possible in early 2018.

Schedule of Community Meetings and Public Hearings

February 27, 2018
1:00 p.m.
Board of Supervisors, Dispensary Permit Appeals
County Administration Building, Supervisors' Chamber
1221 Oak Street, Fifth Floor, Room 512, Oakland, California

Meetings and Agendas

February 20, 2018: Planning Commission
Amendments to the Medical Cannabis Dispensary and Cultivation Ordinances
Staff Memo (including Attachments) (PDF)*

February 20, 2018: Transportation/Planning Committee
Cannabis Dispensary and Cultivation Ordinances Implementation Update Including Status of Applicant Selection and Permit Process, Proposed Ordinance Amendments, Delivery Permit Process, and Fee Study
Staff Memo (PDF)*

February 2, 2018: Administrative Appeals Panel, Cannabis Dispensaries
Cannabis Dispensary Operator Permit Appeals
Staff Memo - Appeals in relation to PLN2017-224 (1113 Greenville Road, Livermore), PLN2017-226 (3220 Andrade Road, Sunol) and PLN2017-227 (7699 Altamont Pass Road, North Livermore) (PDF)*
February 2 Attachments (PDF)*

January 9, 2018: Board of Supervisors, Planning Meeting
Medical Cannabis Cultivation Operator Permit appeals
Staff memo (including Attachments) Appeal PLN 2017-215, 7033 Morgan Territory Road, North Livermore (PDF)*
Staff memo (including Attachments) Appeal PLN 2017-209, 8588 Tesla Road, South Livermore (PDF)*

December 19, 2017: Board of Supervisors, Planning Meeting
Resolution to Allow Adult Use Cannabis at Existing Dispensaries
Staff Memo (including 1 Attachment) (PDF)*

December 14, 2017: Transportation/Planning Committee
Proposed Adult-Use Cannabis Ordinances (temporary ban) and Medical Cannabis Ordinances Update
Staff Memo (PDF)*

December 5, 2017: Board of Supervisors, Planning Meeting
Second Reading of Minor Amendment to Medical Cannabis Cultivation Ordinances
Staff Memo (including Attachments) (PDF)*
Proposed Adult-Use Cannabis Ordinances (temporary ban)
Staff Memo (including 1 Attachment) (PDF)*

December 4, 2017: Transportation/Planning Committee
Medical Cannabis Dispensary and Cultivation Ordinances Implementation Update, including Fee Study
Staff Memo (PDF)*
Proposed Ordinances for Manufacturing, Testing and Distribution Operations
Staff Memo (PDF)*

November 7, 2017: Board of Supervisors, Planning Meeting
First Reading of Minor Amendment to Medical Cannabis Cultivation Ordinances
Staff Memo (including 1 Attachment) (PDF)*
Resolution rescinding Interim Operations Program for Medical Cannabis Dispensaries and Cultivation
Staff Memo (including 1 Attachment) (PDF)*

November 6, 2017: Transportation/Planning Committee
Medical Cannabis Ordinances Implementation Update
Staff Memo (PDF)*
Medical Cannabis Ordinances Cultivation Pilot Update
Staff Memo (PDF)*

October 2, 2017: Transportation/Planning Committee
Medical Cannabis Ordinances Implementation Update and Cannabis Cultivation Pilot Update
Staff memo - Medical Cannabis Ordinances Implementation Update (PDF - 154kb)*
Staff memo - Cannabis Cultivation Pilot Update, including Attachments 1-2 (PDF - 348kb)*

September 12, 2017: Board of Supervisors - Second Reading
Proposed Medical Cannabis Dispensary, Delivery and Cultivation Ordinances
Staff memo (PDF - 160kb)*
September 12 Attachments 1-4 (PDF - 2.7mb)*

August 1, 2017: Board of Supervisors - First Reading
Proposed Medical Cannabis Dispensary, Delivery and Cultivation Ordinances
Staff memo (PDF - 160kb)*
August 1 Attachments X to Y (PDF - 2.7mb)*

July 11, 2017: Board of Supervisors, Planning Meeting
Proposed Medical Cannabis Dispensary, Delivery and Cultivation Ordinances
Staff memo (PDF - 160kb)*
July 11 Attachments 1-3 (PDF - 2.7mb)*

July 10, 2017: Planning Commission
Proposed Medical Cannabis Dispensary, Delivery and Cultivation Ordinances
Staff memo (PDF - 160kb)*
July 10 Attachments 1-4 (PDF - 2.7mb)*

June 28, 2017: Unincorporated Services Committee
Proposed Medical Cannabis Dispensary, Delivery and Cultivation Ordinances
Staff memo (including Attachment 1) (PDF - 220kb)*

June 27, 2017: Agricultural Advisory Committee
Revisions to proposed amendments to the County's General Ordinance Code to allow medical cannabis dispensaries and cultivation sites in agricultural areas
Staff memo (including Attachment 1) (PDF - 221kb)*

June 26, 2017: Castro Valley Municipal Advisory Council
Update on Medical Cannabis Dispensary, Delivery, and Cultivation Ordinance Revisions
Staff memo (including Attachment 1) (PDF - 258kb)*
Attachments 2-6 - Draft Ordinances (PDF - 2.9mb)*

June 21, 2017: Sunol Citizen's Advisory Committee
Update on Medical Cannabis Ordinance Revisions
Staff memo (PDF - 258kb)*
Attachments 2-6 - Draft Ordinances (PDF - 2.8mb)*

June 5, 2017: Transportation/Planning Committee
Update on Medical Cannabis Dispensary and Cultivation Ordinances
Staff memo (PDF - 208kb)*
Attachments 2-6 Draft Ordinances (PDF - 208kb)*
Proposed Resolution for Interim Cannabis Cultivation Program (PDF - 208kb)*

May 1, 2017: Transportation/Planning Committee
Update on Medical Cannabis Dispensary and Cultivation Ordinances
Staff memo (PDF - 208kb)*

April 25, 2017: Board of Supervisors
Adopt Cannabis Ordinances and Initial Study/Mitigated Negative Declaration
Staff memo (PDF - 6Mb)*

April 3, 2017: Planning Commission
Proposed Medical Cannabis Dispensary and Cultivation Ordinances
Staff memo (PDF - 4.8Mb)*

March 22, 2017: Unincorporated Services Committee
Update on Medical Cannabis Dispensary and Cultivation Ordinances
Staff memo (PDF - 4Mb)*

March 20, 2017: Planning Commission
Proposed Medical Cannabis Dispensary and Cultivation Ordinances
Staff memo (PDF - 2Mb)*

March 6, 2017: Transportation/Planning Committee
Update on Medical Cannabis Dispensary and Cultivation Ordinances
Staff memo (PDF - 111kb)*

February 27, 2017: Castro Valley Municipal Advisory Council
Proposed Medical Cannabis Dispensary and Cultivation Ordinances
Staff memo (PDF - 3mb)*

February 21, 2017: Planning Commission
Proposed Medical Cannabis Dispensary and Cultivation Ordinances
Staff memo (PDF - 236kb)*

February 14, 2017: Transportation/Planning Committee
Proposed Medical Cannabis Dispensary and Cultivation Ordinances
Staff memo (PDF - 2mb)*

February 6, 2017: Planning Commission
Proposed Medical Cannabis Dispensary and Cultivation Ordinance
Staff memo (PDF - 3mb)*

January 12, 2017: Transportation/Planning Committee
Update on Medical Cannabis Dispensary and Cultivation Ordinances
Staff memo (PDF - 673kb)*

December 8, 2016: Transportation/Planning Committee
Update on the implications of Proposition 64, and the Medical Cannabis Dispensary and Cultivation Ordinances
Staff memo (PDF - 192kb)*

November 15, 2016: East County Community Meeting
Presentation Slides (PDF - 1.8mb)*

November 7, 2016: Transportation/Planning Committee
Update on Medical Cannabis Dispensary and Cultivation Ordinances
Staff memo (PDF - 234kb)*

October 25, 2016: Agricultural Advisory Committee
Proposed Amendments to the County's General Ordinance Code to allow a limited number of medical cannabis dispensaries and cultivation sites in agricultural areas
Staff memo (PDF - 204kb)*

October 24, 2016: Castro Valley Municipal Advisory Council
Consideration of Medical Cannabis Dispensary and Cultivation Ordinances
Staff memo (PDF - 169kb)*
Attachments 1-4 Medical Cannabis Ordinances (PDF - 209kb)*

October 3, 2016: Transportation/Planning Committee
Update on Medical Cannabis Dispensary and Cultivation Ordinances
Staff memo (PDF - 147kb)*

September 28, 2016: Unincorporated Services Committee
Update on Medical Cannabis Dispensary and Cultivation Ordinances
Staff memo (PDF - 193kb)*
Attachments 1-4 Medical Cannabis Ordinances (PDF - 829kb)*

September 21, 2016: Sunol Citizens Advisory Committee
Update on Medical Cannabis Dispensary and Cultivation Ordinances
Staff memo (PDF - 169kb)*
Sunol Attachments 1-4 (PDF - 1.9mb)*

September 19, 2016: Planning Commission
Presentation and Discussion of Proposed Medical Cannabis Dispensary and Cultivation Ordinance
Staff memo (PDF - 175kb)*
Attachments 1-4 (PDF - 798kb)*
Map West County (PDF - 1.1mb)*
Map East County (PDF - 1.6mb)*
Presentation (PDF - 123kb)*

September 12, 2016: Castro Valley Municipal Advisory Council
Presentation and Discussion of Proposed Medical Cannabis Dispensary and Cultivation Ordinances
Staff memo (PDF - 114kb)*
Attachments 1-4 (PDF - 798kb)*
Map West County (PDF - 1.1mb)*
Map East County (PDF - 1.6mb)*

September 7, 2016: Transportation/Planning Committee
Update on Medical Cannabis Dispensary and Cultivation Ordinances
Staff memo (PDF - 123kb)*
Attachments 1-4 (PDF - 836kb)*
Map West County (PDF - 1mb)*
Map East County (PDF - 1mb)*

July 26, 2016: Agricultural Advisory Committee
Proposed Amendments to the County's General Ordinance Code to allow a limited number of medical cannabis dispensaries and cultivation sites in agricultural areas to implement the State Medical Cannabis Regulation and Safety Act
Presentation Slides (PDF - 1mb)*

July 18, 2016: Board Transportation/Planning Committee
Medical Cannabis Regulation and Safety Act Ordinance and Process Update
Staff Memo (PDF - 109kb)*

June 29, 2016: Unincorporated Services Committee
Medical Marijuana Regulation and Safety Act Presentation of Upcoming Legislation
Presentation Slides (PDF - 703kb)*

June 23, 2016: Board Transportation/Planning Committee
Overview and Staff Analysis on the Medical Marijuana Dispensary, Delivery and Cultivation Draft Ordinance
Staff Memo (PDF - 150kb)*
Draft Ordinance (PDF - 274kb)*
Medical Marijuana Map 1 West County - 600' Buffer (PDF - 1.7mb)*
Medical Marijuana Map 1 West County - 1000' Buffer (PDF - 1.8mb)*
Medical Marijuana Map 1A - 600' Buffer (PDF - 2.7mb)*
Medical Marijuana Map 1A - 1000' Buffer (PDF - 2.8mb)*
Medical Marijuana Map 1B - 600' Buffer (PDF - 2.3mb)*
Medical Marijuana Map 1B - 1000' Buffer (PDF - 2.3mb)*
Medical Marijuana Map 1C - 600' Buffer (PDF - 2.2mb)*
Medical Marijuana Map 1C - 1000' Buffer (PDF - 2.2mb)*
Medical Marijuana Map 1D - 600' Buffer (PDF - 2.5mb)*
Medical Marijuana Map 1D - 1000' Buffer (PDF - 2.6mb)*
Medical Marijuana Map 2 East County - 600' Buffer (PDF - 1.6mb)*
Medical Marijuana Map 2 East County- 1000' Buffer (PDF - 1.6mb)*

June 20, 2016: Castro Valley Municipal Advisory Council
Medical Marijuana Regulation and Safety Act Process Update
Presentation Slides (PDF - 1.5mb)*

May 2, 2016: Board Transportation/Planning Committee
Medical Cannabis Regulation and Safety Act Process Update
Presentation Slides (PDF - 130kb)*

April 13, 2016: Board Transportation/Planning Committee
Medical Cannabis Regulation and Safety Act Process Update
Presentation Slides (PDF - 466kb)*

January 26, 2016: Board of Supervisors
Second reading and adoption of an Ordinance adding Chapter 6.106 to the General Ordinance Code, related to the prohibition of medical cannabis cultivation and delivery in unincorporated Alameda County
Board Letter (PDF - 1.3mb)*

January 21, 2016: Board Transportation/Planning Committee
Update of Recent State Legislative Developments in California Medical Marijuana Law and Alameda County Efforts
Presentation Slides (PDF - 186kb)*

January 12, 2016: Board of Supervisors
First reading and adoption of an Ordinance adding Chapter 6.106 to the General Ordinance Code, related to the prohibition of medical marijuana cultivation and delivery in unincorporated Alameda County
Board Letter (PDF - 5mb)*

December 10, 2015: Board Transportation/Planning Committee
Overview of Recent Developments in California Medical Marijuana Law
Presentation Slides (PDF - 363kb)*


* Portable Document Format (PDF) file requires the free Adobe Reader.

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