CC - Item 3A - Public Hearing on Municipal Code Amendment 23-02City Council Meeting
October 24, 2023
Paae 2 of 4 .
In response to SB 1186, the City has initiated an amendment to update the City's existing
regulations for deliveries of medicinal cannabis and provide regulatory and operational
restrictions for the establishment of non -storefront, delivery -only medicinal cannabis retail
locations as a conditionally permitted use in accordance with State law. Listed below are key
amendments of MCA 23-02:
• A non -storefront, delivery -only medicinal cannabis retail use is permitted in the M-1
zone with a Conditional Use Permit.
• A Non -storefront, delivery -only medical cannabis retail use must not be located within:
o Five hundred (500) feet of any property zoned R-1, R-2, and R-3 within the City
limits;
o Five hundred (500) feet of any churches or other places used exclusively for
religious assembly within the City limits;
o Five hundred (500) feet of any public or private school (grades K-12) or
childcare establishment within the City limits;
o Five hundred (500) feet of any public park or playground, or any city facility,
including, but not limited to, city hall, the city library, and any police or fire
station.
• A Safety and Security Plan that shall be reviewed and approved by the Chief of Police.
• Deliveries are only permitted to occur from the hours of 6:00 a.m. to 10:00 p.m.
On October 2, 2023, the Planning Commission held a duly noticed and advertised public hearing
to receive oral and written testimony relative to MCA 23-02. Analysis of the proposed project is
provided in the Planning Commission Staff Report. The Planning Commission Staff Report,
Draft Planning Commission Meeting Minutes, and Planning Commission Resolution No. 22-03
are included in this report as Attachments `B", "C", and "D", respectively.
As part of the Planning Commission discussion, staff addressed questions and provided
clarifications that the amendment is only for the establishment of non -storefront, delivery -only
medicinal cannabis retail locations in accordance with State law. In addition, the amendments
will not constitute a by -right approval and each request will be processed in accordance with
Chapter 17.132 (Conditional Use Permits) and may only be issued after a public hearing before
the Planning Commission. Furthermore, the Planning Commission inquired on the business
license approval process. The Planning Commission's concerns were addressed once these
clarifications were provided. At the end of the public hearing, the Planning Commission
recommended the City Council approve MCA 23-02.
PUBLIC HEARING TESTIMONY
The Planning Commission received no oral or written testimony from the public during the
public hearing relative to MCA 23-02.
City Council Meeting
October 24, 2023
Page 3 of 4
STAFF RECOMMENDATION
That the City Council:
1. Conduct a public hearing and receive public testimony; and
Introduce the first reading, by title only, Ordinance No. 1018 (Attachment "A"),
approving Municipal Code Amendment 23-02.
FISCAL IMPACT — None
STRATEGIC PLAN IMPACT — MCA 23-02 is consistent with the Safety goal of the City's
2030 Strategic Plan. The amendment will ensure that City's regulatory and operational
restrictions for the establishment of a physical, non -storefront, delivery -only medicinal cannabis
retail location will not be detrimental to the public interest, health, safety, convenience, or
welfare of the City.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process, which includes a
300' radius public hearing notice to fifty-two (52) property owners, publication in the newspaper
on October 12, 2023, postings of the notice at the six (6) public locations, and on the subject site.
Prepared by:
Annie Lao
Associate Planner
Reviewed by:
44,
Lil . Valenzuela
Deputy Director of Community Development
City Council Meeting
October 24, 2023
Page 4 of 4
Submitted by:
Mfl
Stan Wong
Interim Director of Community Development
Attachment A: Ordinance No. 1018
Attachment B: Planning Commission Staff Report, dated October 2, 2023
Attachment C: Draft Planning Commission Meeting Minutes, dated October 2, 2023
Attachment D: Planning Commission Resolution 23-05
Attachment A
Ordinance No. 1018
ORDINANCE NO. 1018
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
FOR THE APPROVAL OF MCA 23-02, AMENDING SECTIONS 17.20.020,
17.40.010, 17.40.020, 17.40.030, 17.40.040, 17.40.050 AND ADDING
SECTIONS 17.40.060 AND 17.40.070 TO BE IN COMPLIANCE WITH
SENATE BILL 1186 (MEDICINAL CANNABIS PATIENTS' RIGHT OF
ACCESS ACT).
WHEREAS, on September 18, 2022, Governor Gavin Newsom signed Senate Bill 1186
which prohibits a City from adopting or enforcing any regulation that directly or indirectly
prohibits the establishment of a physical premises to provide the non -storefront retail delivery of
medicinal cannabis to patients or caregivers in a local jurisdiction; and
WHEREAS, the City of Rosemead's current Municipal Code conflicts with the
regulations specified in Senate Bill 1186; and
WHEREAS, amendments to Title 17 (Zoning), specifically RMC Section 17.20.020 and
Chapter 17.40. are necessary to update the City's existing regulations for deliveries of medicinal
cannabis to be in accordance with Senate Bill 1186; and
WHEREAS, the addition of non -storefront, delivery -only medical cannabis retail use
regulations in Section 17.40.040 are necessary for the health and safety of the City; and
WHEREAS, Section 17.152.060 of the Rosemead Municipal Code provides the criteria
for a Zoning Code Amendment; and
WHEREAS, Sections 65854 and 65855 of the California Government Code and Section
17.152.040 of the Rosemead Municipal Code authorizes the Planning Commission to review and
make recommendations to the City Council regarding amendments to the City's Zoning Code; and
WHEREAS, Section 17.152.050 of the Rosemead Municipal Code authorizes the City
Council to approve amendments to the City's Zoning Code; and
WHEREAS, adoption of Ordinance No. 1018 for the approval of Municipal Code
Amendment 23-02, amends to Title 17 (Zoning) of the Rosemead Municipal Code to comply with
Senate Bill 1186; and
WHEREAS, on October 2, 2023, the Planning Commission held a duly noticed and
advertised public hearing and recommended approval of Municipal Code Amendment 23-02 to
the City Council; and
WHEREAS, on October 12, 2023, fifty-two (52) notices were sent to property owners
within a 300 -foot radius of the subject sites, the notice was published in the Rosemead Reader,
and notices were posted at six public locations, specifying the availability of the proposal, and the
date, time, and location of the public hearing for Municipal Code Amendment 23-02; and
WHEREAS, on October 24, 2023, the City Council held a duly noticed and advertised
public hearing to receive oral and written testimony relative to Municipal Code Amendment 23-
02; and
WHEREAS, the City Council has sufficiently considered all testimony presented to them
in order to make the following determination.
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS
FOLLOWS:
SECTION 1. Findings. The City Council HEREBY FINDS AND DETERMINES that
facts do exist to justify approving Municipal Code Amendment 23-02, in accordance with Section
17.152.060 of the Rosemead Municipal Code ("RMC") as follows:
A. The proposed amendment is consistent with the General Plan and any applicable
specific plan;
FINDING: The proposed amendment brings the Rosemead Municipal Code into
compliance with Senate Bill 1186 by updating the City's existing regulations for deliveries of
medicinal cannabis and providing regulatory and operational restrictions for the establishment of
a physical, non -storefront, delivery -only medical cannabis retail location as a conditionally
permitted use in accordance with State law. Adopting Municipal Code Amendment 23-02
maintains the current consistency with the General Plan, as the amendments proposed will not
affect the City's current prohibition on storefront medical cannabis dispensaries, cannabis
cultivation facilities, and cannabis deliveries.
B. The proposed amendment will not be detrimental to the public interest, health,
safety, convenience or welfare of the City; and
FINDING: The proposed amendment brings the Rosemead Municipal Code into
compliance with Senate Bill 1186 by updating the City's existing regulations for deliveries of
medicinal cannabis and providing regulatory and operational restrictions for the establishment of
a physical, non -storefront, delivery -only medical cannabis retail location as a conditionally
permitted use in accordance with State law. The amendment does not authorize any changes to the
environment and will have no impacts to properties in the City or their surrounding environment.
The Conditional Use Permit process will impose regulations and restrictions to ensure that a
physical, non -storefront, delivery -only medical cannabis retail location will not be detrimental to
the public interest, health, safety, convenience, or welfare of the City.
2
C. The proposed amendment is internally consistent with other applicable provisions
of [the] Zoning Code.
FINDING: The proposed amendment brings the Rosemead Municipal Code into
compliance with Senate Bill 1186 by updating the City's existing regulations for deliveries of
medicinal cannabis and providing regulatory and operational restrictions for the establishment of
a physical, non -storefront, delivery -only medical cannabis retail location as a conditionally
permitted use in accordance with State law. Adopting Municipal Code Amendment 23-02
maintains the current consistency with all other provisions of the Zoning Code.
SECTION 2. Code Amendment. Table 17.20.020.1 as depicted in Chapter 17.20
[Commercial and Industrial Zoning Districts] is hereby amended to read as follows:
SECTION 3. Code Amendment. RMC Chapter 17.40 [Sections:] is hereby amended to
read as follows:
17.40.010 - Definitions.
17.40.020 - Purpose and intent.
17.40.030 - Commercial cannabis facilities and cannabis deliveries.
17.40.040 - Non -storefront, delivery -only medical cannabis retail use.
17.40.050 - Cannabis cultivation.
17.40.060 - Violation.
17.40.070 - Civil penalties.
SECTION 4. Code Amendment. The definition of "Commercial cannabis facilities" as
written in RMC § 17.40.020 [definitions] is hereby amended to read as follows:
"Commercial cannabis facility" means any building, facility, use, establishment,
property, or location where any person or entity establishes, commences, engages in, conducts,
or carries on, or permits another person or entity to establish, commence, engage in, conduct, or
carry on, any commercial cannabis activity that requires a state license or nonprofit license under
Business and Professions Code Sections 26000 and following, including but not limited to
cannabis cultivation, manufacturing of cannabis products or cannabis processing. Commercial
cannabis facility shall not include the establishment of a non -storefront retailer as defined in
California Code of Regulations, Title 4, Division 19, Chapter 3, Section 15414.
SECTION 5. Code Amendment. RMC § 17.40.020 [Purpose and intent] is hereby
amended to read as follows:
The purpose and intent of this chapter is to prohibit commercial cannabis facilities and to regulate
cannabis cultivation, as defined above, within the City limits. It is recognized that it is a federal
violation under the Controlled Substances Act to possess or distribute cannabis even if for medical
purposes. Additionally, there is evidence of an increased incidence of crime -related secondary
impacts in locations associated with a cannabis facility, which is contrary to policies that are
intended to promote and maintain the public's health, safety, and welfare. This chapter shall not be
interpreted as prohibiting patients within the city or their caregivers from purchasing by delivery
medicinal cannabis to meet their demands in a timely and readily accessible manner.
SECTION 6. Code Amendment. RMC § 17.40.030 [Commercial cannabis facilities and
cannabis deliveries] is hereby amended to read as follows:
A. Commercial cannabis facilities are prohibited in all zones in the City. No person or entity
may establish or operate a commercial cannabis facility within City limits.
B. No property owner may allow its property to be used by any person or entity as a
commercial cannabis facility.
C. This chapter is not intended to prohibit any commercial or non-commercial cannabis
activity that the City is required by state law to permit within its jurisdiction pursuant to
MAUCRSA.
SECTION 7. Code Amendment. RMC § 17.40.040 [Cannabis cultivation] is hereby
amended to read as follows:
17.40.040 - Non -storefront, delivery -only medical cannabis retail use.
A. A Non -storefront, delivery -only medical cannabis retail use is permitted in the Light
Manufacturing and Industrial (M-1) zone and shall require a Conditional Use Permit
pursuant to Chapter 17.132 — Conditional Use Permits.
B. A Non -storefront, delivery -only medical cannabis retail use must not be located within:
1. Five hundred (500) feet of any property zoned R-1, R-2, and R-3 within the City
limits;
2. Five hundred (500) feet of any churches or other places used exclusively for
religious assembly within the City limits;
3. Five hundred (500) feet of any public or private school (grades K-12) or child
care establishment within the City limits;
4. Five hundred (500) feet of any public park or playground, or any city facility,
including, but not limited to, city hall, the city library, and any police or fire station.
C. In addition to the application requirements set forth in Chapter 17.132 — Conditional Use
Permits, the applicant shall also submit a Safety and Security Plan that shall be reviewed
El
and approved by the Chief of Police. The Safety and Security Plan shall include all of the
following:
1. State License Information.
2. Odor Mitigation Plan. The Odor Mitigation Plan shall be certified by a professional
engineer or industrial hygienist that includes the following:
a. Operational processes and maintenance plan, including activities to
ensure the odor mitigation system remains adequate and functional;
b. Odor mitigation training and operational procedures for all employees;
and
C. Engineering controls, which may include carbon filtration or other
methods of air cleansing, and evidence that such controls are sufficient to
effectively mitigate odors from all odor sources. All odor mitigation
systems and plans submitted pursuant to this subsection shall be
consistent with accepted and best available industry -specific technologies
designed to effectively mitigate cannabis odors.
3. The establishment of a 24-hour video surveillance recording system, which
includes coverage of the following areas:
a. Areas where cannabis or cannabis products are weighed, packed, stored,
loaded or unloaded for transportation, or moved within the licensed
premises.
b. Limited access areas.
C. Security rooms.
d. Areas storing a surveillance system storage device with at least one
camera recording the access points to the secured surveillance recording
area.
e. Entrances and exits to the licensed premises, which shall be recorded
from both indoor and outdoor vantage points.
f. Any other area as may be required by state law.
4. The video surveillance shall be stored for a minimum of 90 days and be made
available to law enforcement and code enforcement upon request.
5. Alarm System. Professionally and centrally monitored fire, robbery, and burglar
alarm systems shall be installed and maintained in good working condition at the
premises in accordance with California Code of Regulations, Title 4, Division 19,
Chapter 3, Section 15047.
6. The parking lot and exterior of the establishment shall maintain good lighting to
the satisfaction of the Chief of Police during hours of darkness.
7. Provide training to staff regarding security protocols and emergency procedures in
accordance with state law.
8. Right of Inspection. All vehicles and facilities permitted pursuant to this article are
subject to inspection by City personnel any time the operator is exercising
privileges under an operator permit. Prior notice of an inspection is not required.
9. Secure Storage. All medical cannabis and medical cannabis products shall be kept
in accordance with California Code of Regulations, Title 4, Division 19, Chapter 3,
Section 15000.7 during business and non -business hours. Each non -storefront
medical cannabis delivery -only operation shall ensure that all limited access areas
and be securely locked using commercial grade, nonresidential door locks.
5
Commercial grade, nonresidential door locks shall also be used on all points of
entry and exit to the licensed premises.
10. Owner/Employee Rosters and Notice of Change.
11. Other Necessary Security Requirements. The Chief of Police may prescribe
additional safety or security measures that he or she deems reasonable and
necessary in light of the nature and location of a specific operation.
D. Operational Standards
1. Non -storefront, delivery -only medical cannabis retail operations may only operate
during the hours authorized by their state license and the Department of Cannabis
Control regulations.
2. The delivery of cannabis to any person within the City limits is prohibited, except
for deliveries of medicinal cannabis to medicinal cannabis patients or their primary
caregivers. These deliveries to medicinal cannabis patients or their primary
caregivers are subject to the following requirements:
a. Deliveries are only permitted to occur from the hours of 6:00 a.m. to
10:00 p.m.;
b. Cannabis and cannabis products shall only be transported inside of a
vehicle or trailer and shall not be visible or identifiable from outside of
the vehicle or trailer; and
C. Deliveries are only permitted to a physical address not located on
publicly owned land or any address on land or in a building leased by a
public agency. A delivery employee shall not deliver cannabis goods to a
school providing instruction in kindergarten or any grades 1 through 12,
day care center, or youth center.
3. No cannabis or cannabis products may be visible from outside the non -storefront
medical cannabis delivery -only operation's fixed location or delivery vehicles.
4. No visual display, signage, or condition on the exterior of the non -storefront,
delivery -only medical cannabis retail operation's fixed locations or delivery
vehicles shall indicate the types of products being stored inside the fixed location
or transported in the delivery vehicles.
5. No Public Access. Non -storefront, delivery -only medical cannabis retail operations
shall not permit public access to fixed locations or delivery vehicles. Only
employees, operators, and owners of non -storefront, delivery -only medical
cannabis retail operations may access businesses' fixed locations or delivery
vehicles.
6. No On -Site Sales. Non -storefront, delivery -only medical cannabis retail operations
shall only conduct sales via delivery. On-site sales are strictly prohibited.
7. No Cannabis Paraphernalia. No non -storefront, delivery -only medical cannabis
retail operation shall sell or display any products other than medicinal cannabis or
medicinal cannabis products. No cannabis -related paraphernalia or any other
products, including but not limited to alcohol and tobacco products shall be
allowed.
8. No person under the age of 21 years old shall be in a commercial vehicle or trailer
transporting cannabis or cannabis products. Only a licensee, an employee of the
licensed distributor, or security personnel who meets the requirements of California
0
Code of Regulations, Title 4, Division 19, Chapter 3, Section 15045 shall be in a
vehicle while transporting cannabis or cannabis products.
9. No more than the maximum amount of medical cannabis permitted under state law
in total value of product and cash may be transported at any one time in an
individual vehicle during deliveries.
10. All non -storefront, delivery -only medical cannabis retail operations must be
conducted in accordance with all local and state laws.
11. Other Necessary Operational Requirements. The City may prescribe additional
operational requirements deemed reasonable and necessary in light of the nature
and location of a specific operation.
SECTION 8. Code Amendment. RMC § 17.40.050 [Violation] is hereby amended as
follows:
RMC § 17.40.050 — Cannabis cultivation
No person may cultivate cannabis at any location within the City, except that a person may
cultivate no more than six living cannabis plants inside a private residence, or inside an
accessory structure to a private residence located upon the grounds of that private
residence, provided that such cannabis cultivation is in compliance with all of the following
requirements and restrictions:
A. The cultivation occurs in residences and/or accessory structures that are fully
enclosed and secured against unauthorized entry.
B. The owner of the private residence has provided written consent allowing cannabis
cultivation to occur at the private residence.
C. The cultivation complies with all applicable building code requirements set forth in
the Rosemead Municipal Code.
D. There is no use of gas products (CO2, butane, propane, natural gas, etc.) on the
property for purposes of cannabis cultivation.
E. Pursuant to Health and Safety Code Section I I362.2(a)(3), no more than six living
plants may be planted, cultivated, harvested, dried, or processed within a single
private residence, or upon the grounds of that private residence, at one time.
F. Indoor grow lights used for cannabis cultivation do not exceed one thousand (1,000)
watts per light.
G. Adverse impacts of cannabis cultivation are mitigated so that a public nuisance, as
defined by Civil Code Section 3480, does not exist, including but not limited to
adverse impacts of odors or the use or storage of hazardous materials, processes,
products, or wastes.
H. A portable, working, fire extinguisher must be kept in the same room or structure
where cannabis cultivation is occurring.
I. Cannabis and cannabis infused products must be disposed in a secure waste
receptacle located on the residential property. Disposed cannabis plants and
products must be rendered unusable and unrecognizable by grinding and
incorporating cannabis waste with any non -consumable solid waste with a resulting
mixture of at least fifty (50) percent non -cannabis waste.
7
SECTION 9. Code Amendment. RMC § 17.40.050 [sic] [Civil penalties] is hereby
amended as follows:
RMC § 17.40.060 — Violation
Violation of any provision of this chapter is subject to enforcement remedies and penalties
as set forth in Rosemead Municipal Code or applicable law.
SECTION 10. Code Amendment. RMC § 17.40.070 [Civil penalties] is hereby added as
a result of renumbering as follows:
RMC § 17.40.070 — Civil penalties
Any violation of this section is declared to be a public nuisance per se and contrary to the
public interest and will at the discretion of the City, be subject to a cause of action for
injunctive relief. In addition to any other method of enforcement, the City Attorney may
bring a civil action for injunctive relief and civil penalties against any person or entity that
violates this chapter. In any civil action brought pursuant to this section, a court of
competent jurisdiction may award reasonable attorneys' fees and costs to the prevailing
party as provided in Rosemead Municipal Code Section 1.16.040.
SECTION 11. Environmental Review. MCA 23-02 is not a project pursuant to
California Environmental Quality Act (CEQA) Guideline 15378, because the activity undertaken
involves general text amendments that would not cause either a direct physical change in the
environment or a reasonably foreseeable indirect physical change in the environment and does not
meet the definition of a "Project" under CEQA. The proposed Code Amendment is also exempt
from CEQA under Section 15061(b)(3) of the CEQA Guidelines because CEQA only applies to
projects which have the potential for causing a significant effect on the environment. It can be seen
with certainty that there is no possibility that the text amendments will have a significant effect on
the environment.
SECTION 12. Construction. This Ordinance must be broadly constructed in order to
achieve the purposes stated in this Ordinance. It is the City Council's intent that the provisions of
this Ordinance be interpreted or implemented by the City and others in a manner that facilitates
the purposes set forth in this Ordinance.
SECTION 13. Enforceability. Repeal of any provision of the RMC does not affect any
penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties
for any violation occurring before this Ordinance's effective date. Any such repealed part will
remain in full force and effect for sustaining action or prosecuting violations occurring before the
effective date of this Ordinance.
SECTION 14. Severability. If any part of this Ordinance or its application is deemed
invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not
affect the effectiveness of the remaining provisions or applications and, to this end, the provisions
of this Ordinance are severable.
SECTION 15. Effective Date. This Ordinance shall take effect thirty (30) days after its
adoption.
SECTION 16. Publication. The City Clerk shall certify to the adoption of this Ordinance
and shall publish a summary of this Ordinance and post a certified copy of the full Ordinance in
the office of the City Clerk at least five days prior to the adoption and within 15 days after adoption
of the Ordinance, the City Clerk shall publish a summary of the Ordinance with the names of the
Council Members voting for and against the Ordinance. This Ordinance shall take effect thirty
(30) days after the date of its adoption.
PASSED, APPROVED, AND ADOPTED this `s day of , 2023.
ATTEST:
Ericka Hernandez, City Clerk
Steven Ly, Mayor
APPROVED AS TO FORM:
Rachel H. Richman, City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF ROSEMEAD )
I, Ericka Hernandez, City Clerk of the City of Rosemead, County of Los Angeles, State of
California, hereby attest to the above signature and certify that Ordinance No. 1018 was first
introduced at the regular meeting of 2023 by first reading. Said Ordinance was approved
and adopted by the City Council of the City of Rosemead at a regular meeting held on the m
day of 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
10
Ericka Hernandez, City Clerk
Attachment B
Planning Commission Staff Report
Dated October 2, 2023
ROSEMEAD PLANNING COMMISSION
STAFF REPORT
TO: THE HONORABLE CHAIR AND PLANNING COMMISSION
FROM: PLANNING DIVISION
DATE: OCTOBER 2, 2023
SUBJECT: MUNICIPAL CODE AMENDMENT 23-02
SUMMARY
Municipal Code Amendment 23-02 (MCA 23-02) is a City initiated amendment intended
to bring Chapter 17.40 (Cannabis Facilities, Cultivation, and Deliveries) of the
Rosemead Municipal Code (RMC) and RMC Section 17.20.020 (Commercial and
Industrial Land Uses and Permit Requirements) up to compliance with Senate Bill (SB)
1186 (Medicinal Cannabis Patients' Right of Access Act), which will become effective on
January 1, 2024. MCA 23-02 will update the City's existing regulations for deliveries of
medicinal cannabis and provide regulatory and operational restrictions for the
establishment of a physical, non -storefront, delivery -only medical cannabis retail
location as a conditionally permitted use in accordance with State law.
MCA 23-02 is not a project pursuant to California Environmental Quality Act (CEQA)
Guideline 15378, because the activity undertaken involves general text amendments that
would not cause either a direct physical change in the environment or a reasonably
foreseeable indirect physical change in the environment and does not meet the definition
of a "Project" under CEQA. The proposed Code Amendment is also exempt from CEQA
under Section 15061(b)(3) of the CEQA Guidelines because CEQA only applies to
projects which have the potential for causing a significant effect on the environment. It
can be seen with certainty that there is no possibility that the text amendments will have a
significant effect on the environment.
STAFF RECOMMENDATION
That the Planning Commission:
1. Conduct a public hearing and receive public testimony; and
Planning Commission Meeting
October 2, 2023
Page 2 of 21
Adopt Planning Commission Resolution No. 23-05 with findings (Exhibit "A"), a
resolution recommending that the City Council adopt Ordinance No. 1018
(Exhibit "B") for the approval of MCA 23-02.
DISCUSSION
On November 13, 2018, the Rosemead City Council adopted Ordinance 983, which
amended Rosemead Municipal Code Sections 1.04.130, 2.44.060, and 12.44.050 and
reinstated Chapter 17.40 which updated and broaden the City's existing regulations
related to cannabis facilities, cultivation, and deliveries in accordance with State law.
Since 2018, California's cannabis laws have undergone additional changes and in 2022,
State Senator Scott Wiener introduced the Medicinal Cannabis Patients' Right of
Access Act (SB 1186). The bill prohibits a City from adopting or enforcing any regulation
that directly or indirectly prohibits the establishment of a physical premise to provide the
non -storefront retail delivery of medicinal cannabis to patients or caregivers in a local
jurisdiction. More specifically, a City may not impose regulation of any of the following
that has the effect of prohibiting the retail sale by delivery of medicinal cannabis:
(1) The number of medicinal cannabis businesses authorized to deliver medicinal
cannabis in the local jurisdiction.
(2) The operating hours of medicinal cannabis businesses.
(3) The number or frequency of sales by delivery of medicinal cannabis.
(4) The types or quantities of medicinal cannabis authorized to be sold by delivery.
(5) The establishment of physical premises from which retail sale by delivery of
medicinal cannabis within the jurisdiction is conducted by a licensed non -
storefront retailer.'
The bill was signed by Governor Newsom on September 18, 2022, and will become
effective on January 1, 2024. In response to SB 1186, the City has initiated an
amendment to update the City's existing regulations for deliveries of medicinal cannabis
and provide regulatory and operational restrictions for the establishment of non -
storefront, delivery -only medical cannabis retail locations as a conditionally permitted
use in accordance with State law. Of note, a non -storefront retailer licensee is required
to comply with all the requirements applicable to retailer licensees, except for those
provisions related to public access to the licensed premises and the retail area.z
The public hearing for MCA 23-02 was originally scheduled for the regular Planning
Commission Meeting on September 18, 2023. However, the meeting was cancelled.
California Business and Professions Code Section 26322(a)(1)-(5)
2 California Code of Regulations, Title 4, Division 19, Chapter 3, Section 15414(c)
Planning Commission Meeting
October 2, 2023
Page 3 of 21,
Proposed Municipal Code Amendments
Listed below is a summary of all proposed amendments in order to comply with SB
1186. A redlined copy is contained in Draft Ordinance No. 1018 (Exhibit "B").
Table 17.20.020.1 - Uses in Commercial and Industrial Districts.
The use table in Chapter 17.20 — Commercial and Industrial Zoning Districts will be
amended to include non -storefront, delivery -only medical cannabis retail as a
conditionally permitted use as follows:
Business, Financial, Professional, and Medical Uses:
Offices - Business, P P
Medical, Government, and
Professional
Emergency/Urgent Care P _
Clinic
Ambulance Services AUP AUP
Limited fleet
Non -storefront, delivery- _ CUP See Article 3, Chapter
only medical cannabis 17.40
retail
Section 17.40.010 —Definitions
Currently, all commercial cannabis facilities, as defined, are prohibited in all zones of
the City. SB 1186 now prohibits a local jurisdiction from preventing a physical
establishment from which retail sale by delivery of medicinal cannabis is conducted by a
licensed non -storefront retailer. The definition of commercial cannabis facilities will be
modified to exclude non -storefront retailers as defined in California Code of
Regulations, Title 4, Division 19, Chapter 3, Section 15414.
Section 17.40.020 — Purpose and intent.
As previously mentioned, beginning January 1, 2024, SB 1186 prohibits a city from
adopting or enforcing any regulation that directly or indirectly prohibits the establishment
of a physical premises to provide non -storefront, delivery -only medical cannabis to
patients or caregivers in a local jurisdiction. To ensure that the purpose of the
amendments proposed below are clear, Section 17.040.020 will be amended.
Planning Commission Meeting
Ocfober 2, 2023
Page 4 of 21
Section 17.40.030 — Commercial cannabis facilities and cannabis deliveries.
Section 17.40.030 of the Rosemead Municipal Code will be updated to remove
language pertaining to cannabis deliveries as a new section will be incorporated
outlining regulatory and operational restrictions for the establishment of a physical, non -
storefront, delivery -only medical cannabis retail location.
Section 17.40.040 — Cannabis cultivation Section 17.40 050 — Violation and Section
17.40.050 [sicl — Civil penalties.
All listed sections will be renumbered to allow for the incorporation of a new section that
will provide regulatory and operational restrictions for the establishment of a physical,
non -storefront, delivery -only medical cannabis retail location. The aforementioned code
sections will be renumbered as follows:
• Section 17.40.050 — Cannabis cultivation
Section 17.40.060 [creation of new section due to renumbering and
typographical error] —Violation
Section 17.40.070 [creation of new section due to renumbering] — Civil
penalties
Section 17.40.040 — Non -storefront, delivery -only medical cannabis retail use.
SB 1186 now prohibits a local jurisdiction from preventing a physical establishment from
which retail sale by delivery of medicinal cannabis is conducted by a licensed non -
storefront retailer. SB 1186 does allow for the reasonable regulation on the retail sale
by delivery only of medicinal cannabis through the City's police powers. Therefore, the
City can adopt or enforce reasonable regulations on the non -storefront retail delivery of
medicinal cannabis related to:
(1) Zoning requirements.
(2) Security or public health and safety requirements.
(3) Licensing requirements.
(4) Imposing or collecting applicable state or local taxes on retail sales of medicinal
cannabis occurring within the city.
(5) Regulations consistent with requirements or restrictions imposed on cannabis
businesses by state law or regulations issued by the Department of Cannabis
Control?
The proposed amendments would include regulatory and operational restrictions for the
establishment of a physical, non -storefront, delivery -only medical cannabis retail
location, language which permits the delivery of medicinal cannabis to medicinal
3 California Business and Professions Code Section 26322(b)
Planning Commission Meeting
October 2, 2023 '
Page 5 of 21
cannabis patients or their primary caregivers, and updates the hours of these deliveries
to 6:00 a.m. to 10:00 p.m. Additional amendments will include the requirement of a
Conditional Use Permit and security measures to ensure the public's health, safety, and
welfare are protected.
After careful deliberation with the City Attorney's office, staff utilized a similar
methodology that was applied when the City adopted regulatory and operational
restrictions for adult entertainment and business uses. There are two generally
accepted approaches to regulating the location of a proposed use — (1) the "dispersal"
method, and (2) the "concentration" method. With the dispersal method, uses are
buffered a set distance from various specified land uses (i.e. residential, parks, schools,
and etc.). With the concentration method, uses are all located in one area. Staff is
recommending the dispersal method, which is consistent with the methodology that was
utilized for adult entertainment and business uses. As depicted in the two areas below
and in depth in Exhibit "C", utilizing the dispersal method will provide locations for non -
storefront, delivery -only medical cannabis retail uses and ensure that they are located
away from sensitive land uses such as schools, daycares, city facilities, places of
religious assembly, and dwellings in the R-1, R-2, and R-3 zone within City limits.
Area 2
In conclusion, the proposed amendments listed above would bring Rosemead Municipal
Code into full compliance with State law.
MUNICIPAL CODE REQUIREMENTS
The findings required in Rosemead Municipal Code Section 17.152.060, amendments
to [the] Zoning Code are contained in PC Resolution 23-05 (Exhibit "A").
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process, which
includes a 300 -foot radius public hearing notice to fifty-two (52) property owners,
Planning Commission Meeting
October 2, 2023
Page 6 of 21
publication in the Rosemead Reader on September 21, 2023, and postings of the notice
on six public locations.
Prepared by:
Annie Lao
Associate Planner
Reviewed by:
1* 41
Lily Valenzuela
Deputy Director of Community Development
Submitted by:
0
Stan Wong
Interim Director of Community Development
EXHIBITS:
PA Planning Commission Resolution No. 23-05
B. Draft Ordinance No. 1018
C. Radius Map of Potential Locations for Physical, Non -Storefront, Delivery -Only Medical Cannabis Retail
Planning Commission Meeting
October 2, 2023
Page 7 of 21
EXHIBIT "A"
PC RESOLUTION 23-05
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
RECOMMENDING THAT THE CITY COUNCIL ADOPT ORDINANCE
NO. 1018 FOR THE APPROVAL OF MUNICIPAL CODE AMENDMENT
23-02, AMENDING SECTIONS 17.20.020, 17.40.010, 17.40.020,
17.40.030, 17.40.040, 17.40.050 AND ADDING SECTIONS 17.40.060
AND 17.40.070 TO BE IN COMPLIANCE WITH SENATE BILL 1186
(MEDICINAL CANNABIS PATIENTS' RIGHT OF ACCESS ACT).
WHEREAS, on September 18, 2022, Governor Gavin Newsom signed Senate
Bill 1186 which prohibits a City from adopting or enforcing any regulation that directly or
indirectly prohibits the establishment of a physical premises to provide the non -
storefront retail delivery of medicinal cannabis to patients or caregivers in a local
jurisdiction; and
WHEREAS, the City of Rosemead's current Municipal Code conflicts with the
regulations specified in Senate Bill 1186; and
WHEREAS, amendments to Title 17 (Zoning), specifically RMC Section
17.20.020 and Chapter 17.40. are necessary to update the City's existing regulations for
deliveries of medicinal cannabis to be in accordance with Senate Bill 1186; and
WHEREAS, the addition of non -storefront, delivery -only medical cannabis retail
use regulations in Section 17.40.040 are necessary for the health and safety of the City;
and
WHEREAS, Section 17.152.060 of the Rosemead Municipal Code provides the
criteria for a Zoning Code Amendment; and
WHEREAS, Sections 65854 and 65855 of the California Government Code and
Section 17.152.040 of the Rosemead Municipal Code authorizes the Planning
Commission to review and make recommendations to the City Council regarding
amendments to the City's Zoning Code; and
WHEREAS, the public hearing for MCA 23-02 was originally scheduled for the
regular Planning Commission Meeting on September 18, 2023, however, the meeting
was cancelled; and
WHEREAS, on September 21, 2023, fifty-two (52) notices were sent to property
owners within a 300 -foot radius of the subject sites, the notice was published in the
Rosemead Reader, and notices were posted at six public locations, specifying the
Planning Commission Meeting
October 2, 2023
Page 8 of 21
availability of the proposal, and the date, time, and location of the public hearing for
Municipal Code Amendment 23-02; and
WHEREAS, on October 2, 2023, the Planning Commission held a duly noticed
and advertised public hearing to receive oral and written testimony relative to Municipal
Code Amendment 23-02; and
WHEREAS, the Rosemead Planning Commission has sufficiently considered all
testimony presented to them in order to make the following determination.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Rosemead as follows:
SECTION 1. The Ordinance is not a project pursuant to California Environmental
Quality Act (CEQA) Guideline 15378, because the activity undertaken involves general
text amendments that would not cause either a direct physical change in the
environment or a reasonably foreseeable indirect physical change in the environment
and does not meet the definition of a "Project" under CEQA. The proposed Code
Amendment is also exempt from CEQA under Section 15061(b)(3) of the CEQA
Guidelines because CEQA only applies to projects which have the potential for causing
a significant effect on the environment. It can be seen with certainty that there is no
possibility that the text amendments will have a significant effect on the environment.
SECTION 2. The Planning Commission HEREBY RECOMMENDS the following
findings of fact do exist to justify City Council approval of Municipal Code Amendment
23-02, in accordance with Section 17.152.060 of the Rosemead Municipal Code, as
follows:
A. The proposed amendment is consistent with the General Plan and any
applicable specific plan;
FINDING: The proposed amendment brings the Rosemead Municipal Code into
compliance with Senate Bill 1186 by updating the City's existing regulations for
deliveries of medicinal cannabis and providing regulatory and operational restrictions for
the establishment of a physical, non -storefront, delivery -only medical cannabis retail
location as a conditionally permitted use in accordance with State law. Adopting
Municipal Code Amendment 23-02 maintains the current consistency with the General
Plan, as the amendments proposed will not affect the City's current prohibition on
storefront medical cannabis dispensaries, cannabis cultivation facilities, and cannabis
deliveries.
B. The proposed amendment will not be detrimental to the public interest,
health, safety, convenience or welfare of the City; and
Planning Commission Meeting
October 2, 2023
Page 9 of 21
FINDING: The proposed amendment brings the Rosemead Municipal Code into
compliance with Senate Bill 1186 by updating the City's existing regulations for
deliveries of medicinal cannabis and providing regulatory and operational restrictions for
the establishment of a physical, non -storefront, delivery -only medical cannabis retail
location as a conditionally permitted use in accordance with State law. The amendment
does not authorize any changes to the environment and will have no impacts to
properties in the City or their surrounding environment. The Conditional Use Permit
process will impose regulations and restrictions to ensure that a physical, non -
storefront, delivery -only medical cannabis retail location will not be detrimental to the
public interest, health, safety, convenience, or welfare of the City.
C. The proposed amendment is internally consistent with other applicable
provisions of [the] Zoning Code.
FINDING: The proposed amendment brings the Rosemead Municipal Code into
compliance with Senate Bill 1186 by updating the City's existing regulations for
deliveries of medicinal cannabis and providing regulatory and operational restrictions for
the establishment of a physical, non -storefront, delivery -only medical cannabis retail
location as a conditionally permitted use in accordance with State law. Adopting
Municipal Code Amendment 23-02 maintains the current consistency with all other
provisions of the Zoning Code.
SECTION 3. The Planning Commission HEREBY RECOMMENDS the City
Council adopt Ordinance No. 1018 for the approval of MCA 23-02.
SECTION 4. This resolution is the result of an action taken by the Planning
Commission on October 2, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
SECTION 5. The Secretary shall certify to the adoption of this resolution and
shall transmit copies of same to the Rosemead City Clerk.
PASSED, APPROVED, and ADOPTED this 2nd day of October, 2023.
Chair Berry
Planning Commission Meeting
October 2, 2023
Page 10 of 21
CERTIFICATION
I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning
Commission of the City of Rosemead at its regular meeting, held on the 2nd day of
October, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Stan Wong, Secretary
APPROVED AS TO FORM:
Stephanie Gutierrez, Planning Commission Attorney
Burke, Williams & Sorensen, LLP
Planning Commission Meeting
October 2, 2023
Page 11 of 21
EXHIBIT "B"
DRAFT ORDINANCE NO. 1018
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
FOR THE APPROVAL OF MCA 23-02, AMENDING SECTIONS
17.20.020, 17.40.010, 17.40.020, 17.40.030, 17.40.040, 17.40.050 AND
ADDING SECTIONS 17.40.060 AND 17.40.070 TO BE IN COMPLIANCE
WITH SENATE BILL 1186 (MEDICINAL .CANNABIS PATIENTS'
RIGHT OF ACCESS ACT).
WHEREAS, on September 18, 2022,
which prohibits a City from adopting or ei
prohibits the establishment of a physical pren
medicinal cannabis to patients or caregivers it
WHEREAS, the City of Rosemead's
regulations specified in Senate Bill Ii86; and
WHEREAS, amendments to Title 17 (Z;
Chapter 17.40. are necessary to update the City':
cannabis to be in accordance -with Senate Bili. 111
regulations in Section
for a
7ernor Gavin Newsom signed Senate Bill 1186
oing--any regulation that directly or indirectly
to provide the non --storefront retail delivery of
)cal jurisdiction; and
current Municipal Code conflicts with the
ling), specifically RMC Section 17.20.020 and
existing regulations for deliveries of medicinal
5; and .
delivery -only medical cannabis retail use
health and safety of the City; and
Municipal Code provides the criteria
WHEREAS, Section's 65854 and 65855 of the California Government Code and Section
17.152.040 of1he Rosemead .Municipal Code authorizes the Planning Commission to review and
make recommendations to the City Council regarding amendments to the City's Zoning Code;
and
WHEREAS, Section 1-7.152.050 of the Rosemead Municipal Code authorizes the City
Council to approve amendments to the City's Zoning Code; and
WHEREAS, adoption of Ordinance No. 1018 for the approval of Municipal Code
Amendment 23-02, amends to Title 17 (Zoning) of the Rosemead Municipal Code to comply
with Senate Bill 1186; and
WHEREAS, on October 2, 2023, the Planning Commission held a duly noticed and
advertised public hearing and recommended approval of Municipal Code Amendment 23-02 to
the City Council; and
Planning Commission Meeting
October 2, 2023
Page 12 of 21
WHEREAS, on October 12, 2023, fifty-two (52) notices were sent to property owners
within a 300 -foot radius of the subject sites, the notice was published in the Rosemead Reader,
and notices were posted at six public locations, specifying the availability of the proposal, and
the date, time, and location of the public hearing for Municipal Code Amendment 23-02; and
WHEREAS, on October 24, 2023, the City Council held a duly noticed and advertised
public hearing to receive oral and written testimony relative to Municipal Code Amendment 23-
02; and
WHEREAS, the City Council has sufficiently considered all testimony presented to them
in order to make the following determination.
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS
FOLLOWS:
SECTION 1. Findings. The City Council HEREBY FINDS AND DETERMINES that
facts do exist to justify approving Municipal, Code Amendment 23-02, in accordance with
Section 17.152.060 of the Rosemead Municipal Code_("RMS'')-'as follows
A. The proposed amendment % consistent with the General Plan and any applicable
specific plan;
FINDING: Theproposed amendment brings the Rosemead Municipal Code into
compliance with Senate Bill 1386 by updating the City's existing regulations for deliveries of
medicinal cannabis and. providing regulatory and operational restrictions for the establishment of
a physical, non-storefront:,delivery-only medtcal cannabis retail location as a conditionally
permitted use in accordance with- State law. Ad- 6pting Municipal Code Amendment 23-02
maintain& the current consistenCcy with the General Plan, as the amendments proposed will not
affect the <'City's current prohibition on storefront medical cannabis dispensaries, cannabis
cultivation facilities, and cannabis deliveries.
B. The proposed amendment: will not be detrimental to the public interest, health,
safety, convenience or welfare ofthe City; and
FINDING: The proposed amendment brings the Rosemead Municipal Code into
compliance with Senate Bill1186 by updating the City's existing regulations for deliveries of
medicinal cannabis and providing regulatory and operational restrictions for the establishment of
a physical, non -storefront, delivery -only medical cannabis retail location as a conditionally
permitted use in accordance with State law. The amendment does not authorize any changes to
the environment and will have no impacts to properties in the City or their surrounding
environment. The Conditional Use Permit process will impose regulations and restrictions to
ensure that a physical, non -storefront, delivery -only medical cannabis retail location will not be
detrimental to the public interest,, health, safety, convenience, or welfare of the City.
Planning Commission Meeting
October 2, 2023
Peas 13 of 21
C. The proposed amendment is internally consistent with other applicable provisions
of [the] Zoning Code.
FINDING: The proposed amendment brings the Rosemead Municipal Code into
compliance with Senate Bill 1186 by updating the City's existing regulations for deliveries of
medicinal cannabis and providing regulatory and operational restrictions for the establishment of
a physical, non -storefront, delivery -only medical cannabis retail location as a conditionally
permitted use in accordance with State law. Adopting Municipal Code Amendment 23-02
maintains the current consistency with all other provisions of the Zoning Code.
SECTION 2. Code Amendment. Table 17.20:020:1 as depicted in Chapter 17.20
[Commercial and Industrial Zoning Districts] is hereby amended;to read as follows:
Business, Financial, Professional and Medical Uses: -
Offices - Business, Medical, P F
Government, and
Professional
Emergency/Urgent Care P _
Clinic
Ambulance Services AUP AUP
(Limited fleet
Non -storefront, delivery -only - CLIP See Article 3, Chapter 17.40
medical cannabis retail.
SECTION 3. Code Amendment: RMC Chapter 17.40 [Sections:] is hereby amended to
read as follows:
17.40,010 - Definitions.
17.40:020 - Purpose and intent.
17.40.030 < Commercial cannabis` facilities and cannabis deliveries.
17.40.040 . Non -storefront, delivery -only medical cannabis retail
use.
17.40.050 - ViolagetL-GaS nabis cultivation.
17.40.0360 [sic] Violation.
17.40.070 - Civil penalties.
SECTION 4. Code Amendment. The definition of "Commercial cannabis facilities" as
written in RMC § 17.40.020 [definitions] is hereby amended to read as follows:
"Commercial cannabis facility" means any building, facility, use, establishment,
property, or location where any person or entity establishes, commences, engages in, conducts,
or carries on, or permits another person or entity to establish, commence, engage in, conduct,
or cant' on, any commercial cannabis activity that requires a state license or nonprofit license
Planning Commission Meeting
Odd& 2, 2023
Page 14 of 21
under Business and Professions Code Sections 26000 and following, including but not limited
to cannabis cultivation, eannabis Elistribufien, eannabis tFmispeEtation, eam3abis steEage,
manufacturing of cannabis products; or cannabis processing,
. ommetcial
cannabis facility shall not include the establishment of a non -storefront retailer as defined in
California Code of Regulations, Title 4, Division 19, Chapter 3, Section 15414.
SECTION 5. Code Amendment. RMC § 17.40.020 [Purpose and intent] is hereby
amended to read as follows:
The purpose and intent of this chapter is to prohibit commercial cannabis facilities and to
regulate cannabis cultivation, as defined above, within the City limits. It is recognized that it is a
federal violation under the Controlled Substances Act to possess or dis iabute cannabis even if
for medical purposes. Additionally, there is evidence of an increased incidence of crime -related
secondary impacts in locations associated with a cannabis facility, which is contrary to policies
that are intended to promote and maintain the public's health, safety, and welfare. This chapter
shall not be interpreted as prohibiting patients within the oty or#heir caregivers finm. purchasing
by delivery medicinal cannabis to meet tlbir demands in a tuuely and readily accessible manner.
SECTION 6. Code Amendment. kMC § 17.40.030 [Commercial cannabis facilities and
cannabis deliveries] is hereby amended to read as follows:
A. Commercial cannabis-facrhties are prohibited in all zones in the City. No person or entity
may establish or operate a commercial cannabis facility within City limits.
B. No property
C. 1} This chapter is nc
activity that the City
MAUCRSA.
be used by any person or entity as a
to prohibit any commercial or non-commercial cannabis
by state law to permit within its jurisdiction pursuant to
SECTION 7. Code Amendment. RMC § 17.40.040 [Cannabis cultivation] is hereby
amended to read as follows:
17.40.040 - Non -storefront, delivery -only medical cannabis retail use.
Planning Commission Meeting
October 2, 2023
Page 15 of 21
A. A Non -storefront, delivery -only medical cannabis retail use is permitted in the Light
Manufacturing and Industrial (M-1) zone and shall require a Conditional Use Permit
pursiiarmtito Chapter 17.132 – Conditional Use Permits.
B. A Non -storefront, deliverymonly medical cannabis retail use must not be located within:
1. Five hundred (500) feet of any property zoned R-1, R-2, and R-3 within the City
limits;` .
2. Five hundred. (500) feet of any churches or other places used exclusively for
religious assembly within the City limits;
3. Five hundred (500) feet of any public or private school (grades K-12) or child
care establishment within the City limits;
4. Five hundred (500) feet of any public park or playground, or any city facility,
including, but not limited to, city hall, the city library, and any police or fire
station.
C. In addition to the application requirements set forth in Chapter 17.132 – Conditional Use
Permits, the applicant shall also submit a Safety and Security Plan that shall be reviewed
Planning Commission Meeting
October 2, 2023
Page 16 of 21,
and approved by the Chief of Police. The Safety and Security Plan shall include all of the
following:
1. State License Information.
2. Odor Mitigation Plan. The Odor Mitigation Plan shall be certified by a
professional engineer or industrial hygienist that includes the following:
a. Operational processes and maintenance plan, including activities to
ensure the odor mitigation system remains adequate and functional;
b. Odor mitigation training and operational procedures for all employees;
and
c. Engineering controls, which may inelude carbon filtration or other
methods of air cleansing, and evid6ce`that such controls are sufficient
to effectively mitigate odors from -all odor sources. All odor mitigation
systems and plans submitted pursuant>. to this subsection shall be
consistent with accepted and best available industry -specific
technologies designed to effectively mitigate:
The establishment of a 24-hdw, ' video surveillance
includes coverage of the following area
a. Areas where cannabis or cairn
loaded or unloaded for trait
premises.
b. Limited access areas.
c. Security rooms.
d Areas storing a surveillance
camerarecording thew
odors.
ig system, which
is are weighod, packed, stored,
or moved within the licensed
tem storage device with at least one
s to the secured surveillance recording
e. Entrances and exits to the, licensed premises, which shall be recorded
from -both indoor and outdoor vantage paints.
T. Any other area as may be required by state law.
4. The video surveillance shall'be-tored for a minimum of 90 days and be made
available to law enforcement and code enforcement upon request.
5 Alarm System =Professionally and centrally monitored fire, robbery, and burglar
Warm systems shall be installed and maintained in good working condition at the
premises in accoic4mce with California Code of Regulations, Title 4, Division 19,
Chapter 3, Section 15047.
6. The parking lot .6d exterior of the establishment shall maintain good lighting to
the satisfaction ofthe Chief of Police during hours of darkness.
7. Provide traiffing to staff regarding security protocols and emergency procedures in
accordance with state law.
8. Right of Inspection. All vehicles and facilities permitted pursuant to this article
are subject to inspection by City personnel any time the operator is exercising
privileges under an operator permit. Prior notice of an inspection is not required.
9. Secure Storage. All medical cannabis and medical cannabis products shall be kept
in accordance with California Code of Regulations, Title 4, Division 19, Chapter
3, Section 15000.7 during business and non -business hours. Each non -storefront
medical cannabis delivery -only operation shall ensure that all limited access areas
Planning Commission Meeting
October 2, 2023
Page 17 of 21
and be securely locked using commercial grade, nonresidential door locks.
Commercial grade, nonresidential door locks shall also be used on all points of
entry and exit to the licensed premises.
10.Owner/Employee Rosters and Notice of Change.
11. Other Necessary Security Requirements. The Chief of Police may prescribe
additional safety or security measures that he or she deems reasonable and
necessary in light of the nature and location of a specific operation.
D. Operational Standards
1. Non -storefront, delivery -only medical cannabis retail operations may only operate
during the hours authorized by their state license and the Department of Cannabis
Control regulations.
2. The delivery of cannabis to any person within the City limits is prohibited, except
for deliveries of medicinal cannabis to medieval cannabis patients or their
primary caregivers. These deliveries to medicinal -cannabis patients or their
primary caregivers are subject to thefollowing requiretpents:
a. Deliveries are only permitted to occur from the hours of 6:00 a.m. to
10:00 p.m.;
b. Cannabis and cannabis products shall only be transported inside of a
vehicle or trailer and shall not be visible or identifiable -from outside of
the vehicle or trailer, and
c. Deliveries are =only permitted to a'physical address not located on
publicly owned'land or any address on land or in a building leased by a
public; agency. A delivery employee shall not deliver cannabis goods to
a school providing instruction in kindergarten or any grades 1 through
12, day care. center, or"youth center. "
3. No caimabiis.,or cannabis products may be visible from outside the non -storefront
medical cannabis delivery -only operation's fixed location or delivery vehicles.
. No visual display, signage, or condition on the exterior of the non -storefront,
delivery -only medical cannabis retail operation's fixed locations or delivery
vehicles g1W.1 indicate the types of products being stored inside the fixed location
ort in the delivery vehicles.
5: No Public Access. Non storefront, delivery -only medical cannabis retail
bperations shall`not permit public access to fixed locations or delivery vehicles.
Only. -employees, operators, and owners of non -storefront, delivery -only medical
cannabis retaiLoperations may access businesses' fixed locations or delivery
vehicles
6. No On Site Sales. Non -storefront, delivery -only medical cannabis retail
operations shall only conduct sales via delivery. On-site sales are strictly
prohibited.
7. No Cannabis Paraphernalia. No non -storefront, delivery -only medical cannabis
retail operation shall sell or display any products other than medicinal cannabis or
medicinal cannabis products. No cannabis -related paraphernalia or any other
products, including but not limited to alcohol and tobacco products shall be
allowed.
Planning Commission Meeting
October 2, 2023
Page 18 of 21
8. No person under the age of 21 years old shall be in a commercial vehicle or trailer
transporting cannabis or cannabis products. Only a licensee, an employee of the
licensed distributor, or security personnel who meets the requirements of
California Code of Regulations, Title 4, Division 19, Chapter 3, Section 15045
shall be in a vehicle while transporting cannabis or cannabis products.
9. No more than the maximum amount of medical cannabis permitted under state
law in total value of product and cash may be transported at any one time in an
individual vehicle during deliveries.
10. All non -storefront, delivery -only medical cannabis retail operations must be
conducted in accordance with all local and state laws.
11. Other Necessary Operational Requirements. The City may prescribe additional
operational requirements deemed reasonable Arid necessary in light of the nature
and location of a specific operation. .
SECTION 8. Code Amendment. RMC :§ 17.40.050 [Violation] is hereby amended as
follows:
RMC § 17.40.050 — Violation Cannabis cultivation,
No person may cultivate cannabis at any location within the City, except that a person
may cultivate no more than six living cannabis plants inside a private residence, or inside
an accessory structure to a private residence located upon the grounds of that private
residence, provided that such cannabis cultivation is in compliance with all of the
following requirements and restrictions:
A. The cultivation occurs in residences and/or accessory structures that are fully
enclosed and secured against unauthorized entry.
B. The owner of the private residence has provided written consent allowing
cannabis cultivation to occur at the private residence.
C.: The cultivation complies with all applicable building code requirements set forth
in the Rosemead Municipal Code.
D. There is no use of gas products (CO2, butane, propane, natural gas, etc.) on the
property for purposes of cannabis cultivation.
E. Pursuant to Health and Safety Code Section 11362.2(a)(3), no more than six
living plants may be planted, cultivated, harvested, dried, or processed within a
single private residence, or upon the grounds of that private residence, at one
time.
F. Indoor grow lights used for cannabis cultivation do not exceed one thousand
(1,000) watts per light.
G. Adverse impacts of cannabis cultivation are mitigated so that a public nuisance, as
defined by Civil Code Section 3480, does not exist, including but not limited to
adverse impacts of odors or the use or storage of hazardous materials, processes,
products, or wastes.
Planning Commission Meeting
October 2, 2023 '
Page 19 of 21
H. A portable, working, fire extinguisher must be kept in the same room or structure
where cannabis cultivation is occurring.
I. Cannabis and cannabis infused products must be disposed in a secure waste
receptacle located on the residential property. Disposed cannabis plants and
products must be rendered unusable and unrecognizable by grinding and
incorporating cannabis waste with any non -consumable solid waste with a
resulting mixture of at least fifty (50) percent non -cannabis waste.
SECTION 9. Code Amendment. RMC § 17.40.050 [sic] [Civil penalties] is hereby
amended as follows:
RMC § 17.40.0360 [sic] — Civil-penaWes Violation
Violation of any provision of this chapter is subject to enforcement remedies and
penalties as set forth in Rosemead Municipal Code or applicable law.
SECTION 10. Code Amendment. RMC § 17.40.070 [Civil penalties] is hereby added
as a result of renumbering as follows:
RMC § 17.40.070 — Civil penalties
Any violation of this section is declared to be a public nuisance per se and contrary to the
public interest and will at the discretion of the City, be subject to a cause of action for
injunctive relief. In addition to any other method of enforcement, the City Attorney may
bring a civil action for injunctive relief and civil penalties against any person or entity
that violates this chapter. In any civil action brought pursuant to this section, a court of
competent jurisdiction may award reasonable attorneys' fees and costs to the prevailing
party as provided in Rosemead Municipal Code Section 1.16.040.
SECTION 11. Environmental Review. MCA 23-02 is not a project pursuant to
California Environmental Quality Act (CEQA) Guideline 15378, because the activity undertaken
involves general text amendments that would not cause either a direct physical change in the
environment or a reasonably foreseeable indirect physical change in the environment and does
not meet the definition of a "Project" under CEQA. The proposed Code Amendment is also
exempt from CEQA under Section 15061(b)(3) of the CEQA Guidelines because CEQA only
applies to projects which have the potential for causing a significant effect on the environment. It
...
Violation of any provision of this chapter is subject to enforcement remedies and
penalties as set forth in Rosemead Municipal Code or applicable law.
SECTION 10. Code Amendment. RMC § 17.40.070 [Civil penalties] is hereby added
as a result of renumbering as follows:
RMC § 17.40.070 — Civil penalties
Any violation of this section is declared to be a public nuisance per se and contrary to the
public interest and will at the discretion of the City, be subject to a cause of action for
injunctive relief. In addition to any other method of enforcement, the City Attorney may
bring a civil action for injunctive relief and civil penalties against any person or entity
that violates this chapter. In any civil action brought pursuant to this section, a court of
competent jurisdiction may award reasonable attorneys' fees and costs to the prevailing
party as provided in Rosemead Municipal Code Section 1.16.040.
SECTION 11. Environmental Review. MCA 23-02 is not a project pursuant to
California Environmental Quality Act (CEQA) Guideline 15378, because the activity undertaken
involves general text amendments that would not cause either a direct physical change in the
environment or a reasonably foreseeable indirect physical change in the environment and does
not meet the definition of a "Project" under CEQA. The proposed Code Amendment is also
exempt from CEQA under Section 15061(b)(3) of the CEQA Guidelines because CEQA only
applies to projects which have the potential for causing a significant effect on the environment. It
Planning Commission Meeting
'October 2, 2023
Page 20 of 21
can be seen with certainty that there is no possibility that the text amendments will have a
significant effect on the environment.
SECTION 12. Construction. This Ordinance must be broadly constructed in order to
achieve the purposes stated in this Ordinance. It is the City Council's intent that the provisions
of this Ordinance be interpreted or implemented by the City and others in a manner that
facilitates the purposes set forth in this Ordinance.
SECTION 13. Enforceability. Repeal of any
penalty, forfeiture, or liability incurred before, or
penalties for any violation occurring before this
part will remain in full force and effect for susu
before the effective date of this Ordinance.
SECTION 14. Severability. If any part -'o'
invalid by a court of competent jurisdiction, the Cit;
affect the effectiveness of the remaining provis
provisions of this Ordinance are severable.
SECTION 15. Effective Date. This.Ordin
adoption.
SECTION 16 Pnl lication. The City
Ordinance and shall publish a
Ordinance in the office, of the
days after adoption of theOrc
with the names of the Counei
shall take effectthirty_(30) day,
of the RMC does not affect any
3rosecution and imposition of
active date. Any such repealed
rrosecuting violations occurring
this Ordinance or its application is deemed
Council intends that; such invalidity will not
>ns or applications and; to this end, the
take effect thirty (30) days after its
11 certify to the adoption of this
id_post a certified copy of the full
erk at least'five days prior to the adoption and within 15
the City Clerk shall publish a summary of the Ordinance
rs,voting for: and against the Ordinance. This Ordinance
Hernandez, City Clerk
its adoption.
_u, day of 2023.
Steven Ly, Mayor
APPROVED AS TO FORM:
Rachel H. Richman, City Attorney
Planning Commission Meeting
October 2, 2023
Page 21 of 21
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) ss
CITY OF ROSEMEAD )
I, Ericka Hernandez, City Clerk of the City of Rosemead, County of Los Angeles, State of
California, hereby attest to the above signature and certify that Ordinance No. 1018 was first
introduced at the regular meeting of , 2023 by first reading. Said Ordinance was
approved and adopted by the City Council of the City of Rosemead at a regular meeting held on
the " day of 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN: -
Ericka Hernandez, City Clerk
Potential Areas for Non -Storefront, Delivery -Only Medical
Cannabis Retail
— City Boundary
R-1, R-2, and R-3
Zones
City Parks
City Facilities
Schools & Childcare
® Facilities
Legend
Fire Stations
Places of Religious
Assembly
Other Zones
D Area 1
O Area 2
500 Ft. Buffer
City of Rosemead
EXHIBIT "C"
Attachment C
Draft Planning Commission Meeting Minutes
Dated October 2, 2023
Minutes of the
PLANNING COMMISSION MEETING
October 2, 2023
The regular meeting of the Planning Commission was called to order by Chair Berry at 7:01 PM
PLEDGE OF ALLEGIANCE — Vice Chair Escobar
INVOCATION — Commissioner Tang
ROLL CALL — Commissioners Lopez, Tang, Ung, Vice -Chair Escobar, and Chair Berry
STAFF PRESENT — Director of Community Development Wong, .Deputy Director of Community Development
Valenzuela, Associate Planner Lao, Commission Liaison Lam
Due to technical difficulties, Chair Berry announced a 5 -minute recess.
Meeting resumed at 7:20 pm.
Commissioner Tang is joined via Zoom.
A. MUNICIPAL CODE AMENDMENT 23.02 (MCA 23-02) — MCA 23-02 is a City initiated amendment intended
to bring Chapter 17.40 (Cannabis Facilities, Cultivation, and Deliveries) of the Rosemead Municipal Code
(RMC) up to compliance with Senate Bill 1186 (Medicinal Cannabis Patients' Right of Access Act), which will
become effective January 1, 2024. To be in accordance with State law, MCA 23-02 will update the City's
existing regulations for deliveries of medicinal cannabis and permit a non -storefront, delivery -only medical
cannabis retail use in the M-1 zone with a Conditional Use Permit.
CEQA - MCA 23-02 is not a project pursuant to California Environmental Quality Act (CEQA) Guideline 15378,
because the activity undertaken involves general text amendments that would not cause either a direct
physical change in the environment or a reasonably foreseeable indirect physical change in the environment
and does not meet the definition of a "Project" under CEQA. The proposed Code Amendment is also exempt
from CEQA under Section 15061(b)(3) of the CEQA Guidelines because CEQA only applies to projects which
Rosemead Planning Commission Meeting
Minutes of October 2, 2023
1 of 5
have the potential for causing a significant effect on the environment. It can be seen with certainty that there
is no possibility that the text amendments will have a significant effect on the environment.
Associate Planner Lao presented the staff report.
Chair Berry asked the Commission if there were any questions.
Commissioner Tang inquired if the City would require a business license for this type of business to ensure compliance
with our requirements.
Associate Planner Lao answered that the proposed use will have to obtain a Conditional Use Permit with the City which
will require a public hearing and deferred the question about the business license requirement to the City Attorney's
Office.
City Attorney Gutierrez answered that the current proposed ordinance does not include a business license requirement
but it is in our purview to if require one if the Planning Commission would like to consider it. City Attorney Gutierrez
also stated that at this moment, the Commission should not dwell on the business license, requirement. Instead, the
Commission should focus on the regulations.
Commissioner Tang inquired if the City will include business licenses requirements on a case-by-case basis.
Deputy Director Valenzuela added that the City does follow the LA County,business license code. If a business is not
required to obtain a business license under LA County rules, then the City will not require a business license. However,
the City can require a business license registry with the City,
Commissioner Tang inq
daycare, and other sen:
City Attorney Gutierrez stated
is currently only dealing with r
made. The City is proposing
land uses.
ire are any reguial
uses.
the regulations or
Cal use Cannabis,
as oart of this ord
Associate Planner Lao stated that=tt
property zoned: R1 I R2 and R3 withir
use for religious assembly within the
or childcare establishment within the
facilities and including, not limited to
a certain distance away from schools,
address non -store front delivery for Cannabis delivery. The City
rich does provide certain restrictions of where deliveries can be
nce there will be certain distance requirements from sensitive
City wouldhave the following distance requirements: 1) 500 feet from any
e. City limits, 2) 500 feet from any churches or other places that are exclusively
y limits, 3) 500 feet from any public or private school's grades K through 12th
ity limits, and 4) 500 feet from any public parks or playgrounds or any City
Hall, City Library or police or fire stations.
Commissioner Ung commented that in reading the Staff Report, she agreed that staff did their utmost to restrict the
areas to locations that are most acceptable. She was concerned that the area may be in an existing residential location
within the M-1 zone, however after she spoke with staff, she was ensured that there will be additional notification to the
surrounding area if any applications are submitted in the future.
Vice -Chair Escobar stated she did have concerns about safety and security, but after reading the Staff Report, she is
aware that one of the proposed conditions when applying for a Conditional Use Permit is to submit a Safety and Security
Plan to the Chief of Police's for approval. The location of the non -storefront Cannabis will have to comply with the
proposed ordinance. She added that she does agree with the staff recommendation and the amendment is required to
comply with State Law,
Rosemead Planning Commission Meeting
Minutes of October Z 2023
2of5
Commissioner Lopez inquired how the facility will be used.
Director Wong commented that it will be strictly for deliveries for patients with prescription from their physician.
Associate Planner Lao clarify that this is a non -storefront deliver only, location. There will be no advertisements, no
signage, unmarked vehicles, and no public access.
Commissioner Lopez inquired further if this will be a storage unit use. He wanted to know if a patient received a
prescription, will the cannabis will be delivered to the doctors or will the patient°need to pick it up from this location.
Associate Planner Lao explained that the facility will receive orders and the cannabis will to be delivered to the patient.
Commissioner Lopez stated that he now understands the objective of the non -storefront, delivery -only medical
cannabis retail use.
Chair Berry commented that if the Commission does not move forward with the Code Amendment, on January 1st, a
Conditional Use Permit would not be required and a non=storefront, delivery -only medical cannabis retail facility can
operate anywhere. If the Commission decides to move forward with the Code Amendment, the City will have some
control and the proposed use must comply with City regulations:
Seeing no additional questions, Chair Berry asked if there were any public comments.
Commissioner Ung inquired if the State had any stipulation on the, quantity of parcels the City had to provide.
City Attorney Gutierrez stated that the City cannot regulate any of the following that has an effect of prohibiting the
retail sales by delivery of medicinal cannabis, The City cannot prohibit the number of businesses authorized to deliver
medical cannabis into the jurisdiction, limit the hours of cannabis businesses outside of what is already provided in
State Law, and limit the number or frequency of sales by delivery of medicinal cannabis and the types or quantities of
medicinal cannabis authorized to be sold by delivery.
Commissioner Lopez agreed that Municipal Code Amendment 23-02 will be the best way to comply with State law as
the City will be able to impose regulations on non -storefront, delivery -only medical cannabis retailers.
There being no additional questions or public comment, Chair Berry closed the hearing period.
ACTION: Commissioner Berry made a motion, seconded by Vice Chair Escobar to approve Planning Commission
Resolution No. 23-05 with findings, a resolution recommending that the City Council adopt Ordinance No. 1018 for the
approval of MCA 23-02.
Vote resulted in:
Ayes: Berry, Escobar, Lopez, Tang, and Ung
Noes: None
Abstain: None
Absent: None
Rosemead Planning Commission Meeting
Minutes of October 2, 2023
3of5
Roll call vote resulted in 5 Ayes and 0 Noes.
4. CONSENT CALENDAR
A. PC MINUTES 08-07-23
Chair Berry made a motion, seconded by Commissioner Lopez, to approve PC Minutes 8-7-23 as presented.
Vote resulted in:
Ayes: Berry, Escobar, Lopez, Tang, and Ung
Deputy Director Valenzuela introduced the new Administrative Assistant, Linda Lam.
6. MATTERS FROM THE CHAIR & COMMISSIONERS
Commissioner Ung inquires if there are any updates to the progn
because she saw that there was a public hearing notice was pies(
Deputy Director Valenzuela stated that the property owner was supposed to remove the public notice because it is
outdated and the City, will contact them again to remove the notice.
of the property on Garvey and Del Mar Avenue
Chair Berry adjourned the meeting at 7:44 p.m. The next Planning Commission Meeting is scheduled for November 6,
2023, at 7:00 PM in the Council Chambers
Rosemead Planning Commission Meeting
Minutes of October 2, 2023
4of5
ATTEST:
James Berry
Chair
Linda Lam
Administrative Assistant
Rosemead Planning Commission Meeting
Minutes of October Z 2023
5of5
Attachment D
Planning Commission
Resolution No. 23-05
PC RESOLUTION 23-05
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
RECOMMENDING THAT THE CITY COUNCIL ADOPT ORDINANCE NO.
1018 FOR THE APPROVAL OF MUNICIPAL CODE AMENDMENT 23-02,
AMENDING SECTIONS 17.20.020, 17.40.010, 17.40.020, 17.40.030,
17.40.040, 17.40.050 AND ADDING SECTIONS 17.40.060 AND 17.40.070
TO BE IN COMPLIANCE WITH SENATE BILL 1186 (MEDICINAL
CANNABIS PATIENTS' RIGHT OF ACCESS ACT).
WHEREAS, on September 18, 2022, Governor Gavin Newsom signed Senate Bill
1186 which prohibits a City from adopting or enforcing any regulation that directly or
indirectly prohibits the establishment of a physical premises to provide the non -storefront
retail delivery of medicinal cannabis to patients or caregivers in a local jurisdiction; and
WHEREAS, the City of Rosemead's current Municipal Code conflicts with the
regulations specified in Senate Bill 1186; and
WHEREAS, amendments to Title 17 (Zoning), specifically RMC Section 17.20.020
and Chapter 17.40. are necessary to update the City's existing regulations for deliveries
of medicinal cannabis to be in accordance with Senate Bill 1186; and
WHEREAS, the addition of non -storefront, delivery -only medical cannabis retail
use regulations in Section 17.40.040 are necessary for the health and safety of the City;
and
WHEREAS, Section 17.152.060 of the Rosemead Municipal Code provides the
criteria for a Zoning Code Amendment; and
WHEREAS, Sections 65854 and 65855 of the California Government Code and
Section 17.152.040 of the Rosemead Municipal Code authorizes the Planning
Commission to review and make recommendations to the City Council regarding
amendments to the City's Zoning Code; and
WHEREAS, the public hearing for MCA 23-02 was originally scheduled for the
regular Planning Commission Meeting on September 18, 2023, however, the meeting
was cancelled; and
WHEREAS, on September 21, 2023, fifty-two (52) notices were sent to property
owners within a 300 -foot radius of the subject sites, the notice was published in the
Rosemead Reader, and notices were posted at six public locations, specifying the
availability of the proposal, and the date, time, and location of the public hearing for
Municipal Code Amendment 23-02; and
1
WHEREAS, on October 2, 2023, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Municipal Code
Amendment 23-02; and
WHEREAS, the Rosemead Planning Commission has sufficiently considered all
testimony presented to them in order to make the following determination.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Rosemead as follows:
SECTION 1. The Ordinance is not a project pursuant to California Environmental
Quality Act (CEQA) Guideline 15378, because the activity undertaken involves general
text amendments that would not cause either a direct physical change in the environment
or a reasonably foreseeable indirect physical change in the environment and does not
meet the definition of a "Project" under CEQA. The proposed Code Amendment is also
exempt from CEQA under Section 15061(b)(3) of the CEQA Guidelines because CEQA
only applies to projects which have the potential for causing a significant effect on the
environment. It can be seen with certainty that there is no possibility that the text
amendments will have a significant effect on the environment.
SECTION 2. The Planning Commission HEREBY RECOMMENDS the following
findings of fact do exist to justify City Council approval of Municipal Code Amendment 23-
02, in accordance with Section 17.152.060 of the Rosemead Municipal Code, as follows:
A. The proposed amendment is consistent with the General Plan and any
applicable specific plan;
FINDING: The proposed amendment brings the Rosemead Municipal Code into
compliance with Senate Bill 1186 by updating the City's existing regulations for deliveries
of medicinal cannabis and providing regulatory and operational restrictions for the
establishment of a physical, non -storefront, delivery -only medical cannabis retail location
as a conditionally permitted use in accordance with State law. Adopting Municipal Code
Amendment 23-02 maintains the current consistency with the General Plan, as the
amendments proposed will not affect the City's current prohibition on storefront medical
cannabis dispensaries, cannabis cultivation facilities, and cannabis deliveries.
B. The proposed amendment will not be detrimental to the public interest,
health, safety, convenience or welfare of the City; and
FINDING: The proposed amendment brings the Rosemead Municipal Code into
compliance with Senate Bill 1186 by updating the City's existing regulations for deliveries
of medicinal cannabis and providing regulatory and operational restrictions for the
establishment of a physical, non -storefront, delivery -only medical cannabis retail location
as a conditionally permitted use in accordance with State law. The amendment does not
authorize any changes to the environment and will have no impacts to properties in the
City or their surrounding environment. The Conditional Use Permit process will impose
regulations and restrictions to ensure that a physical, non -storefront, delivery -only
medical cannabis retail location will not be detrimental to the public interest, health, safety,
convenience, or welfare of the City.
C. The proposed amendment is internally consistent with other applicable
provisions of [the] Zoning Code.
FINDING: The proposed amendment brings the Rosemead Municipal Code into
compliance with Senate Bill 1186 by updating the City's existing regulations for deliveries
of medicinal cannabis and providing regulatory and operational restrictions for the
establishment of a physical, non -storefront, delivery -only medical cannabis retail location
as a conditionally permitted use in accordance with State law. Adopting Municipal Code
Amendment 23-02 maintains the current consistency with all other provisions of the
Zoning Code.
SECTION 3. The Planning Commission HEREBY RECOMMENDS the City
Council adopt Ordinance No. 1018 for the approval of MCA 23-02.
SECTION 4. This resolution is the result of an action taken by the Planning
Commission on October 2, 2023, by the following vote:
AYES:
BERRY, ESCOBAR, LOPEZ, TANG, AND UNG
NOES:
NONE
ABSTAIN:
NONE
ABSENT:
NONE
SECTION 5. The Secretary shall certify to the adoption of this resolution and shall
transmit copies of same to the Rosemead City Clerk.
PASSED, APPROVED, and ADOPTED this 2nd day of October, 2023.
Chair Berry
3
CERTIFICATION
I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning
Commission of the City of Rosemead at its regular meeting, held on the 2nd day of
October, 2023, by the following vote:
AYES:
BERRY, ESCOBAR, LOPEZ, TANG, AND UNG
NOES:
NONE
ABSTAIN:
NONE
ABSENT:
NONE
APPROVED AS TO FORM:
Stan Wong, Secretary
Stephanie Gutierrez, Planning Commission Attorney
Burke, Williams & Sorensen, LLP
El