City Council

A. EXTENSION OF INTERIM ORDINANCE NO. 701 REGARDING THE\nTEMPORARY MORATORIUM PROHIBITING THE ESTABLISHMENT OF\nMEDICINAL CANNABIS DELIVERY BUSINESSES AND AN EXEMPTION\nFROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT\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. In order to provide the City with time to adopt\nreasonable regulations for such uses, the City Council on January 16, 2024,\nadopted Interim Urgency Ordinance No. 701 establishing a 45-day temporary\nmoratorium. Government Code Section 65658 allows the City Council to further\nextend the Interim Urgency Ordinance by an additional 10 months and 15 days,\nif necessary. A three-month extension of the temporary moratorium is\nnecessary to adopt regulations for such uses. There is no fiscal impact\nanticipated from the proposed urgency ordinance.\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, California Code of\nRegulations, Title 14, Chapter 3, because it has no potential to result in a physical\nchange to the environment, directly or indirectly. This is because the moratorium\nadopted by the proposed interim ordinance merely prohibits uses that have\nsignificant impacts 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 extend Interim Ordinance No. 701 for\nthree additional months by at least a four-fifths vote of the City Council.\nAlternative Option for Consideration\nDo not extend the Interim Ordinance. This will leave the City vulnerable to\ndispensary operators entering the City without any established regulations or\nrestrictions on location.