City Council

A. ZONE TEXT AMENDMENT TO UPDATE THE SAN GABRIEL MUNICIPAL\nCODE RELATING TO NEW STATE LAW THAT WOULD ALLOW MEDICINAL\nCANNABIS DELIVERY-ONLY RETAILERS IN THE M-1 ZONE (ZTA23-004)\nThe California Legislature adopted Senate Bill 1186 (SB 1186) in 2022, entitled\nthe Medicinal Cannabis Patient’s Right of Access Act, which precludes 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. This item was continued from the February 6, 2024,\nCity Council meeting to allow staff additional time to address the comments\nprovided at the meeting. The Fiscal Year 2023-24 Adopted Budget includes the\ncost for required legal publication (Account No. 121-702-00-65-000) and\ncodification (Account No. 121-702-00-22-000) of the ordinance.\nCalifornia Environmental Quality Act (CEQA) Determination: The City reviewed\nthe environmental impacts of the proposed ordinance pursuant to the California\nEnvironmental Quality Act (Public Resources Code Subsection 21000, et seq.\n“CEQA”) and the CEQA Guidelines. CEQA Guidelines Section 15061(b)(3) provides\nthat a project is exempt from CEQA if the activity is covered by the commonsense\nexemption that CEQA only applies to projects which have the potential for\ncausing a significant effect on the environment. The proposed ordinance qualifies\nfor this CEQA exemption as there is no possibility that the ordinance will have a\nsignificant effect on the environment as it amends the City’s Municipal Code to\nimpose operating requirements on delivery-only medicinal cannabis retailers,\nwhich does not affect the environment. Accordingly, the ordinance is not subject\nto further environmental review.\nRecommended Action:\nStaff recommends that the City Council:\n1. Conduct the public hearing and discuss proposed Ordinance No. 702;\n2. Waive full reading and adopt Ordinance No. 702 by title only: and\nAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN GABRIEL,\nCALIFORNIA, AMENDING CHAPTER 153 (ZONING CODE) OF THE SAN\nGABRIEL MUNICIPAL CODE RELATING TO MEDICINAL CANNABIS\nDELIVERY-ONLY RETAILERS IN THE M-1 (LIGHT MANUFACTURING)\nZONE, SUBJECT TO A CONDITIONAL USE PERMIT\n3. Waive future reading of the Ordinance and schedule the second reading\nand adoption of the Ordinance for the next regular City Council meeting.\nThe Ordinance would then become effective 30 days after adoption.\nAlternative Options for Consideration:\nThe action of the City Council may be to approve, approve with modifications, or deny\nproposed zone text amendment. If the City Council determines that the proposed\nordinance or any part of the ordinance should be denied, the appropriate motion\nshould be adopted.