CC - Item 5B - Second Reading & Adoption of Ordinance No. 1018, MCA 23-02, Amending Sect. 17.20.020, 17.40.010 - 17.40.050 & Adding Sections 17.40.060 & 17.40.070 to be in Compliance w/ SB 1186 (Medicinal Cannabis Patients' Right of Access Act)ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYORANDCITY COUNCIL
FROM: BEN KIM, CITY MANAGER "
DATE: NOVEMBER 14, 2023
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1018,
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)
SUMMARY
On October 24, 2023, the City Council approved for first reading Ordinance No. 1018,
Municipal Code Amendment 23-02 (MCA 23-02) 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.
STAFF RECOMMENDATION
That the City Council approve the second reading, by title only, and adopt Ordinance No. 1018,
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).
ENVIRONMENTAL ANALYSIS
The proposed Code Amendment is 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.
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
AGENDA ITEM 5.13
City Council Meeting
November 14, 2023
Page 2 of 2
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.
Prepared by:
Ericka Hernandez
City Clerk
Attachment A: Ordinance No. 1018
Attachment B: City Council Staff Report, dated October 24, 2023
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,
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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.
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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:
t
OR
SpCficiRegatzons
Business, Financial, Professional, and Medical Uses:
Offices - Business, Medical,
P
P
Government, and
Professional
Emergency/Urgent Care
P
_
Clinic
Ambulance Services
AUP
AUP
(Limited fleet)
Non -storefront, delivery-
_
CUP
See Article 3, Chapter 17.40
only 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 - 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
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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:
I. 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
4
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.
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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 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.
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
parry 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.
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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 14`h day of November 2023.
ATTEST:
Ericka Hernandez, City Clerk
0'
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 October 24, 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 14`r' day of November 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IM
Ericka Hernandez, City Clerk
Attachment B
City Council Staff Report
Dated October 24, 2023
ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: BEN KIM, CITY MANAGER
DATE: OCTOBER 24, 2023
SUBJECT: PUBLIC HEARING ON MUNICIPAL CODE AMENDMENT 23-02
:�fIN/•'I
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 medicinal cannabis retail location as a conditionally permitted use in accordance
with State law.
ENVIRONMENTAL ANALYSIS
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.
On September 18, 2022, the Medicinal Cannabis Patients' Right of Access Act (SB 1186) was
signed by Governor Newsom and will become effective on January 1, 2024. 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.
AGENDA ITEM 3.A
City Council Meeting
October 24, 2023
Page 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
2. 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.
PL BLIC 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:
L�t -
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:
/0f
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