City Council

29. SECOND READING AND ADOPTION OF ORDINANCE AMENDING THE ZONING\nCODE TO ALLOW MEDICINAL CANNABIS DELIVERY-ONLY RETAILERS IN THE\nINDUSTRIAL ZONE WITH A CONDITIONAL USE PERMIT AND REGULATORY\nBUSINESS PERMIT TO IMPLEMENT THE REQUIREMENTS OF SB 1186 – F2M23-78,\nO2M24-4826\nThe California Legislature adopted Senate Bill 1886 (“SB 1186”) in 2022, entitled the\nMedicinal Cannabis Patients’ Right of Access Act, which precludes cities and counties\nfrom adopting or enforcing regulations that prohibit or have the effect of prohibiting the\nretail sale of medicinal cannabis by delivery. SB 1186 allows cities and counties to adopt\nand enforce reasonable regulations on the retail sale by delivery of medicinal cannabis,\nincluding zoning requirements. The ordinance would allow a delivery-only retailer of\nmedicinal cannabis to be a conditionally permitted use in the Industrial zone. The retailer\nmust only sell medicinal cannabis; the retail sale of adult-use (e.g., recreational) cannabis\nwould remain prohibited. As a delivery-only business, there would be no storefront\noperations (no walk-in customers). The ordinance also includes separation requirements\nfor such businesses. The ordinance also proposes that an annual business regulatory\npermit be required for such businesses. The 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.\n12\n2-26-24\nRecommended Action: City Council declare introduced for its second reading and\nadopt 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