City Council

4-B. A PUBLIC HEARING TO CONSIDER POSSIBLE ACTION REGARDING ZONING CODE AMENDMENT NO. 23-05 (ZCA-23-05) TO COMPLY WITH CALIFORNIA LAW REGARDING MEDICAL CANNABIS DELIVERY RETAILERS It is recommended that the City Council consider: (1) Opening a public hearing and taking testimonial and documentary evidence; (2) After receiving verbal and written testimony, close the public hearing; (3) After discussing the evidence, adopt Urgency Ordinance No. _____ amending Monterey Park Municipal Code (“MPMC”) Chapter 6.35 (Commercial Cannabis Activities) and adding Chapters 6.36 (Medical Cannabis Delivery) and 21.27 (Cannabis-Related Uses); and (4) Introduce and waive first reading of an Ordinance amending MPMC Chapter 6.35 (Commercial Cannabis Activities) and adding Chapters 6.36 (Medical Cannabis Delivery) and 21.27 (Cannabis-Related Uses). Second reading and adoption would occur on January 17, 2024; and (5) Taking such additional, related, action that may be desirable. CEQA (California Environmental Quality Act): The City reviewed the environmental impacts of this proposed Ordinance pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et seq., the “CEQA Guidelines”). No additional environmental review is required for this Ordinance pursuant to CEQA Guidelines § 15060(c)(2), § 15378(b)(5) § 15301 § 15303 and §15061(b)(3). The proposed Ordinance is exempt from CEQA because it is a zoning text amendment which permits delivery of medical cannabis in the City’s commercial zone, which will not have a direct or reasonably foreseeable indirect physical change in the environment and does not qualify as a “project” under CEQA because it will not make physical changes to the environment. The proposed Ordinance is also exempt pursuant to CEQA Guidelines § 15301 and 15303 for activities that involve negligible or no expansion of use for existing facilities and for the conversion of existing small structure for another use. Finally, the proposed Ordinance is exempt from CEQA under the common sense exemption that it will not affect the environment.