HomeMy WebLinkAboutReso 23-29RESOLUTION NO.23-29
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,
RECOMMENDING THAT THE CITY COUNCIL ADOPT
MUNICIPAL CODE AMENDMENTS AMENDING TITLE 17
OF THE RANCHO CUCAMONGA MUNICIPAL CODE
ESTABLISHING NON -STOREFRONT MEDICAL
CANNABIS RETAIL AS A USE PERMITTED WITH A
MINOR USE PERMIT FOR PROPERTIES LOCATED IN
PORTIONS OF THE NEO-INDUSTRIAL (NI) AND
INDUSTRIAL EMPLOYMENT (IE) ZONES, AMENDING
CHAPTER 8.52 OF TITLE 8 OF THE RANCHO
CUCAMONGA MUNICIPAL CODE EXCEPTING CERTAIN
NON -STOREFRONT MEDICAL CANNABIS RETAIL FROM
THE PROHIBITION ON COMMERCIAL CANNABIS
ACTIVITY, ADDING CHAPTER 5.20 TO TITLE 5 OF THE
RANCHO CUCAMONGA MUNICIPAL CODE
ESTABLISHING REGULATORY AND OPERATIONAL
RESTRICTIONS FOR SUCH A NON -STOREFRONT
MEDICAL CANNABIS RETAILER, AND MAKING A
DETERMINATION OF EXEMPTION FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
A. Recitals.
1. The City of Rancho Cucamonga has prepared a set of amendments, as
described in the title of this Resolution. Hereinafter in this Resolution, the subject
Municipal Code amendments are collectively referred to as the "Amendments."
2. On November 8, 2023 the Planning Commission of the City of Rancho
Cucamonga conducted a noticed public hearing on the Amendments and concluded said
hearing on that date.
3. All legal prerequisites prior to the adoption of this Resolution have occurred.
B. Resolution
NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning
Commission of the City of Rancho Cucamonga as follows:
1. This Planning Commission hereby finds that all of the facts set forth in the
Recitals, Part A of this Resolution, are true and correct.
2. Based upon the substantial evidence presented to the Planning
Commission during the above -referenced public hearing on November 8, 2023,
including written and oral staff reports, together with public testimony, this Planning
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Commission hereby finds as follows:
a. The Articles/Chapters/Sections of the Municipal Code subject to
the Amendment are as follows:
(1) Chapter 5.20 (Non -Storefront Medical Cannabis Retail) is
added to Title 5 (Business Taxes, Licenses and Regulations) to establish a Non -
storefront Medical Cannabis Retail Permit and lottery process;
(2) Chapter 8.52 (Cannabis Prohibitions and Regulations) of
Title 8 (Health and Safety) is hereby amended to permit operation and delivery of
medical cannabis by a non -storefront medical cannabis use;
(3) Chapter 17.30 ("Allowed Land Use by Base Zone") to amend
Table 17.30.030-1 to add "non -storefront medical cannabis retail" as a "Permitted with a
Minor Use Permit" use subject to section 17.102.080 in the Neo-Industrial (NI) and
Industrial Employment (IE) zones;
(4) Chapter 17.32 (Allowed Use Descriptions) to amend Section
17.32.020 to add a land use definition for non -storefront medical cannabis retail;
(5) Chapter 17.94 (Commercial Cannabis Uses and Cultivation)
to amend Section 17.94.040 to exempt non -storefront medical cannabis retail from this
chapter;
(6) Chapter 17.102 (Special Regulated Uses) to add Section
17.102.080 establishing special use regulations for non -storefront medical cannabis
retail;
(7) Chapter 17.148 (Cannabis Definitions) to add a definition of
non -storefront medical cannabis retail to Section 17.148.020;
(8) Chapter 17.91 ("Drive -In and Drive -Through Uses") to remove
Section 17.91.040.C.3.v to avoid conflicts with the provisions of Section 17.91.040.A.3;
b. The Amendments conform to and do not conflict with the goals,
policies, and implementation programs of the General Plan, including, without limitation,
the Housing and Land Use Elements thereof, and will provide for development in a
manner consistent with the General Plan.
C. Pursuant to the California Environmental Quality Act ("CEQA") (Pub.
Resources Code, § 21000 et seq.) and the City's local CEQA Guidelines the amendments
are not subject to the California Environmental Quality Act ("CEQA"), pursuant to State
CEQA Guidelines Sections 15060(c)(2) and 15061(b)(3). The activity is not subject to
CEQA because it will not result in a direct or reasonably foreseeable indirect physical
change in the environment; and the activity is covered by the general rule that CEQA
applies only to projects, which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty that there is no possibility that the
activity may have a significant effect on the environment, the activity is not subject to
CEQA. The businesses authorized under these proposed Municipal Code text
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amendments are similar to already existing permitted general uses such as retail, with
the only difference being the product sold or consumed (i.e., cannabis). These
amendments do not change the zoning for any properties, meaning that they do not
create negative environmental impacts or result in physical changes to the environment.
Non -storefront medical cannabis retailers developed pursuant to these amendments
would be independently reviewed and evaluated pursuant to CEQA., and, hereby
recommends that the City Council, based on this evidence and all evidence in the record,
concur with Planning Department staff's determination that the proposed Amendments
will not have a significant effect on the environment and an exemption is the appropriate
level of environmental review under CEQA;
3. Based upon the findings and conclusions set forth in subparagraphs 1 and
2 of paragraph B above, the Planning Commission hereby recommends that the City
Council adopt the Amendments included collectively in the draft City Council ordinance
attached to the Planning Commission resolution as Exhibit A, and incorporated herein
by this reference.
4. The Secretary of the Planning Commission shall certify to the adoption of
this Resolution.
APPROVED AND ADOPTED THIS 8TH DAY OF NOVEMBER, 2023.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
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BrAn D... Chairman
I, Matt Marquez, Secretary of the Planning Commission for the City of Rancho
Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly
introduced, passed, and adopted by the Planning Commission of the City of Rancho
Cucamonga, at an adjourned regular meeting of the Planning Commission held on the
8th day of November, 2023, by the following vote -to -wit:
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AYES: COMMISSIONERS: DOPP, WILLIAMS, MORALES, BOLING, DANIELS
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
RECUSE: COMMISSIONERS:
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