City Council

2. ORDINANCE AMENDING THE ZONING CODE TO ALLOW MEDICINAL CANNABIS\nDELIVERY-ONLY RETAILERS IN THE INDUSTRIAL ZONE WITH A CONDITIONAL\nUSE PERMIT AND REGULATORY BUSINESS PERMIT TO IMPLEMENT THE\nREQUIREMENTS OF SB 1186 – F2M23-78, N2M24-7, O2M24-4826\nThis is the time and place set by Notice No. N2M24-7 for the City Council to hold a public\nhearing to consider adoption of an ordinance amending the City’s Zoning Code to allow\nmedicinal cannabis delivery-only retailers in the Industrial Zone with a conditional use\npermit and a regulatory business permit to implement the requirements of SB 1186. The\n2\n2-12-24\nCalifornia Legislature adopted Senate Bill 1886 (“SB 1186”) in 2022, entitled the Medicinal\nCannabis Patients’ Right of Access Act, which precludes cities and counties from adopting\nor enforcing regulations that prohibit or have the effect of prohibiting the retail sale of\nmedicinal cannabis by delivery. SB 1186 took effect on January 1, 2024. SB 1186 allows\ncities and counties to adopt and enforce reasonable regulations on the retail sale by\ndelivery of medicinal cannabis, including zoning requirements. The City Council adopted\nan interim urgency ordinance on December 11, 2023, that is consistent with the proposed\nordinance. The interim urgency ordinance was adopted to get regulations in place by the\nJanuary 1, 2024 deadline while the City finished the process of adopting the\ncomprehensive Zoning Code update. On January 22, 2024 the City Council extended the\nurgency ordinance for ten months and fifteen days. Now that the new Zoning Code has\nbeen adopted, the City Council can move forward with the proposed amendment. The\nproposed ordinance would allow a delivery-only retailer of medicinal cannabis to be a\nconditionally permitted use in the Industrial zone. The retailer must only sell medicinal\ncannabis; the retail sale of adult-use (e.g., recreational) cannabis would remain prohibited.\nAs a delivery-only business, there would be no storefront operations (no walk-in\ncustomers). The proposed ordinance also includes separation requirements for such\nbusinesses. The ordinance also proposes that an annual business regulatory permit be\nrequired for such businesses. The proposed ordinance includes operational standards for\nthese businesses. These include security requirements, odor control measures, and a\nrequirement that product not be visible from the exterior of the property. Failure to comply\nwith the operational requirements could result in the regulatory permit being suspended,\nrevoked or not renewed.\nRecommended Action: City Council conduct a public hearing and, after receiving\npublic testimony, the Mayor should close the public hearing and the City Council declare\nintroduced for its first reading the following ordinance entitled:\nOrdinance No. O2M24-4826: An Ordinance of the City Council of the City of\nAlhambra adopted pursuant to the City’s Police powers and Business\nProfessions Code §26320 to amend Alhambra Municipal Code Section\n23.05.020 (Land Use Regulations – Commercial Zoning Districts), Section\n23.06.020 (Land Use Regulations – Employment Zoning Districts), and\nSection 23.22.080 (Cannabis Facilities, Cultivation, and Deliveries), to\nimplement California law governing Medicinal Cannabis Delivery-Only\nretailers within the City\nwhich ordinance will return for a second reading and adoption at the next regular City\nCouncil meeting.\nPRESENTATION