City Council

C. ADOPTION OF URGENCY ORDINANCE NO. 701 PURSUANT TO\nCALIFORNIA GOVERNMENT CODE SECTION 65858 PROHIBITING THE\nESTABLISHMENT OF MEDICINAL CANNABIS DELIVERY BUSINESSES FOR\n45 DAYS AND AN EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL\nQUALITY ACT\nThe California Legislature adopted Senate Bill 1186 (SB 1186) in 2022, entitled\nthe Medicinal Cannabis Patient’s Right of Access Act, which precluded cities and\ncounties from adopting or enforcing regulations that prohibit or have the effect\nof prohibiting the retail sale of medicinal cannabis by delivery. SB 1186 took\neffect on January 1, 2024. In order to provide the City time to adopt reasonable\nregulations for such uses, a 45-day moratorium is necessary. There is no fiscal\nimpact related to this item.\nCalifornia Environmental Quality Act (CEQA) Determination: Environmental\nreview is not required under the California Environmental Quality Act (CEQA)\npursuant to the California Code of Regulations, Title 14, Chapter 3, Sections\n15060(c)(2) (the activity will not result in a direct or reasonably foreseeable\nindirect physical change in the environment) and 15060(c)(3) (the activity is not\na project as defined in Section 15378) of the CEQA Guidelines, Cal. Code of Regs,\nTitle 14, Chapter 3, because it has no potential to result in a physical change to\nthe environment, directly or indirectly. This is because the moratorium adopted\nby the proposed interim ordinance merely prohibits uses that have significant\nimpacts on public health, safety, and welfare and does not permit any\ndevelopment that could result in a significant change to the environment.\nFurthermore, the moratorium established by the proposed ordinance is\ntemporary pending further study and investigation. In addition, the proposed\nordinance is categorically exempt from CEQA pursuant to Section 15308 of the\nCEQA Guidelines because this ordinance is a regulatory action taken by the City\nin accordance with Government Code Section 65858 to assure maintenance and\nprotection of the environment pending further review of the potential impacts of\nmedical marijuana facilities and mobile medical marijuana dispensaries in the\nCity and potential modifications to the San Gabriel Municipal Code.\nRecommended Action:\nStaff recommends that the City Council adopt the proposed Ordinance by at\nleast a four-fifths vote.\nAlternative Option:\nDo not adopt the Urgency Ordinance. This will leave the City vulnerable to\ndispensary operators entering the City without any established regulations or\nrestrictions on location.