PC – 2023-05 – Recommend The City Council Adopt Ordinance No. 1018 For The Approval of MC Amendment 23-02, Amend § 17.20.020, 17.40.010, 17.40.020, 17.40.030, 17.40.040, 17.40.050 and Add § 17.40.060 & 17.40.070 in Compliance with Senate Bill 1186PC 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
2
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.
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
�USnrt IMdk�o
o
rrez, tanning Commission Attorney
& Sorensen, LLP
Ell