TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David Chantarangsu, Development Services Director
PREPARED BY: David Chantarangsu, Development Services Director
SUBJECT: Adoption of an Urgency Ordinance Pursuant to California
Government Code Section 65858 Prohibiting the Establishment of
Medical Cannabis Delivery Businesses for 45 Days, to Include an
Exemption from the California Environmental Quality Act
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RECOMMENDATION
recommendation
Adopt the proposed Urgency Ordinance No. U-600-23 entitled: An Interim Urgency Ordinance of the City Council of the City of Murrieta, California, Establishing A 45-Day Temporary Moratorium on the Establishment or Expansion of Medical Marijuana Dispensaries or Facilities, and Mobile Medical Marijuana Dispensaries Within City Limits, Declaring the Urgency Thereof and Finding an Exemption Under the California Environmental Quality Act to be adopted by 4/5ths vote of the City Council.
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PRIOR ACTION/VOTE
None.
CITY COUNCIL GOAL
Provide a high level of innovative public safety.
BACKGROUND
Senate Bill (SB) 1186, known as the Medicinal Cannabis Patients’ Right of Access Act, bans cities from prohibiting - directly or indirectly - the retail delivery of medicinal cannabis to patients or caregivers. In enacting the legislation, the State determined that access to medicinal cannabis is an integral aspect of access to health care and sought to ensure that Californians throughout the State have timely and convenient access to safe, effective, and affordable medicinal cannabis (Cal. Bus. & Prof. Code § 26320). The City of Murrieta (City) is contemplating the development of locational and operational standards for medical cannabis delivery businesses. Until these standards can be adopted, it is prudent to prohibit the establishment of such businesses to ensure they do not conflict with standards the City may establish.
When a city contemplates the adoption of new development standards, state law (Government Code Section 65858) provides a city with the ability to adopt as an urgency measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated zoning proposal. This would apply to the city’s intent to evaluate and adopt development and operational standards for medical cannabis delivery businesses. Without the enactment of the 45-day period prohibiting the establishment of medical cannabis delivery businesses, it could be possible for such businesses to be located near sensitive uses such as schools and residences, and without any operational standards addressing security, access, signage, storage, or disposal that would ensure medical cannabis delivery businesses can locate and operate within the city in a manner that is safe and secure while avoiding impacts to public health and safety.
Staff anticipates bringing forward development standards for consideration by the Planning Commission and City Council through the normal adoption process for zoning code amendments as prescribed by state law and the Murrieta Municipal Code (MMC) in the first quarter of 2024. Staff notes ordinances adopted by urgency measure pursuant to Government Code Section 65858 become effective immediately and must pass by a 4/5ths majority vote of the City Council. Existing City standards found in Section 16.44.250 of the MMC that currently prohibit the establishment of a medical cannabis delivery business will be pre-empted by the new state regulations on January 1, 2024. The City will have no regulations in place to address the establishment of such businesses unless the interim ordinance is adopted, followed by the adoption of permanent regulations.
ENVIRONMENTAL
Environmental review is not required under the California Environmental Quality Act (CEQA) pursuant to the California Code of Regulations, Title 14, Chapter 3, Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, Cal. Code of Regs, Title 14, Chapter 3, because it has no potential to result in a physical change to the environment, directly or indirectly. This is because the moratorium adopted by the proposed interim ordinance merely prohibits uses that have significant impacts on public health, safety, and welfare and does not permit any development that could result in a significant change to the environment. Furthermore, the moratorium established by the proposed ordinance is temporary pending further study and investigation. In addition, the proposed ordinance is categorically exempt from CEQA pursuant to Section 15308 of the CEQA Guidelines because this ordinance is a regulatory action taken by the City in accordance with Government Code Section 65858 to assure maintenance and protection of the environment pending further review of the potential impacts of medical marijuana facilities and mobile medical marijuana dispensaries in the City and potential modifications to the MMC.
FISCAL IMPACT
There is no fiscal impact associated with this action.
ATTACHMENTS
1. Ordinance No. U-600-23