Monterey Park

City Council

December 20, 2023 Order of Business 4 #B

Agenda Item B

4-B. A PUBLIC HEARING TO CONSIDER POSSIBLE ACTION REGARDING ZONING\nCODE AMENDMENT NO. 23-05 (ZCA-23-05) TO COMPLY WITH CALIFORNIA LAW\nREGARDING MEDICAL CANNABIS DELIVERY RETAILERS\nIt is recommended that the City Council consider:\n(1) Opening a public hearing and taking testimonial and documentary evidence;\n(2) After receiving verbal and written testimony, close the public hearing;\n(3) After discussing the evidence, adopt Urgency Ordinance No. _____ amending Monterey\nPark Municipal Code (“MPMC”) Chapter 6.35 (Commercial Cannabis Activities) and\nadding Chapters 6.36 (Medical Cannabis Delivery) and 21.27 (Cannabis-Related Uses);\nand\n(4) Introduce and waive first reading of an Ordinance amending MPMC Chapter 6.35\n(Commercial Cannabis Activities) and adding Chapters 6.36 (Medical Cannabis Delivery)\nand 21.27 (Cannabis-Related Uses). Second reading and adoption would occur on\nJanuary 17, 2024; and\n(5) Taking such additional, related, action that may be desirable.\nCEQA (California Environmental Quality Act):\nThe City reviewed the environmental impacts of this proposed Ordinance pursuant to the\nCalifornia Environmental Quality Act (Public Resources Code §§ 21000, et seq. “CEQA”) and the\nregulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et seq., the “CEQA\nGuidelines”). No additional environmental review is required for this Ordinance pursuant to CEQA\nGuidelines § 15060(c)(2), § 15378(b)(5) § 15301 § 15303 and §15061(b)(3). The proposed\nOrdinance is exempt from CEQA because it is a zoning text amendment which permits delivery\nof medical cannabis in the City’s commercial zone, which will not have a direct or reasonably\nforeseeable indirect physical change in the environment and does not qualify as a “project” under\nCEQA because it will not make physical changes to the environment. The proposed Ordinance is\nalso exempt pursuant to CEQA Guidelines § 15301 and 15303 for activities that involve negligible\nor no expansion of use for existing facilities and for the conversion of existing small structure for\nanother use. Finally, the proposed Ordinance is exempt from CEQA under the common sense\nexemption that it will not affect the environment.