DATE: July 6, 2021
TO: Mayor and City Council
FROM: Assistant City Manager/Development Services Director
SUBJECT
Commercial Cannabis Program: Introduce Two Ordinances Related to Text Amendments to Chapter 6, Article 14 (Commercial Cannabis Businesses) and Chapter 10 (Planning, Zoning, and Subdivisions) of the Hayward Municipal Code for the Regulation of Personal and Commercial Cannabis (Application No. 202102446) and Adopt Two Resolutions Supporting the Proposed Text Amendments and Approving a Revision to the 2022 Master Fee Schedule for Administration and Enforcement of the Commercial Cannabis Program in the City of Hayward
RECOMMENDATION
That the Council adopts the attached resolutions supporting the proposed Text Amendments to the Hayward Municipal Code (Attachment II) and the proposed revisions to the 2022 Master Fee Schedule for the administration and enforcement of the Commercial Cannabis program (Attachment VI) and introduces the following ordinances related to cannabis:
1. Zoning Text Amendments to Chapter 10, Planning, Zoning, and Subdivisions, of the Hayward Municipal Code regulating Personal and Commercial Cannabis Land Uses (Attachment III); and
2. Business Ordinance Amendments to Article 14 to Chapter 6 of the Hayward Municipal Code regulating Commercial Cannabis Businesses (Attachment IV).
SUMMARY
During the past three years that Hayward’s cannabis program has been operational, staff has identified several issues and inconsistencies with processes and local regulations that should be resolved before embarking on a new request for applicant proposals. During this same time, the State of California has promulgated several new laws and regulations related to cannabis as the broader industry has evolved. While the City’s regulatory and land use ordinances were sufficient to accommodate the first round of applicants, the lack of resources coupled with a greater demand for operational processes and protocols have presented challenges to the administration and management of the cannabis program.
Over the past year, City staff and ICF, the City’s consultant, have been working to identify new opportunities and recommendations to improve the current cannabis program to ensure long term success, including an evaluation of what has worked well and what could be improved, taking stock of changes in the broader industry and state regulatory system, and learning from effective and innovative practices from other jurisdictions. Staff believes the proposed amendments reflect the feedback provided by various stakeholders and by the Council at its previous December 2020 work session, and recommends that the Council make the required findings to approve the amendments, as proposed. Once adopted, staff anticipates a new application cycle for commercial cannabis operators will open in early Fall 2021.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution Text Amendments
Attachment III Ordinance Zoning Amendments
Attachment IV Ordinance Business Regulatory Amendments
Attachment V Planning Commission Recommended Revisions
Attachment VI Resolution Master Fee Schedule Updates
Attachment VII Zoning Land Use Table and Maps
Attachment VIII City Council December 2020 Work Session Summary