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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