Ordinance 23-26ORDINANCE NO. 23-26
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE,
CALIFORNIA, AMENDING SECTIONS 120.03.030, 120.04.150 AND
120.06.010 OF THE EASTVALE MUNICIPAL CODE TO ALLOW DELIVERY -
ONLY MEDICINAL CANNABIS RETAILERS TO LOCATE WITHIN THE CITY AS
REQUIRED BY SB 1186
WHEREAS, Senate Bill 1186 goes into effect on January 1, 2024, and prohibits local
jurisdictions from adopting or enforcing any regulation that prohibits the retail sale by delivery
within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary
caregivers, or that otherwise has the effect of prohibiting the retail sale by delivery within the
local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers
by licensed medicinal cannabis businesses in a timely and readily accessible manner, and in types
and quantities that are sufficient to meet demand from medicinal cannabis patients within the
local jurisdiction.
WHEREAS, the City of Eastvale prohibits all commercial cannabis facilities from locating
and operating within the city.
WHEREAS, the purpose of this ordinance is to amend the city's regulations to allow
cannabis retailers that engage solely in the sale of medicinal cannabis and medicinal cannabis
products on a delivery only basis within the I-P and M-SC zones with a conditional use permit.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE DOES ORDAIN AS
FOLLOWS:
SECTION 1. Findings. As required by Section 120.01.070(e) of the Eastvale Municipal
Code, the City Council finds that the changes contained in this ordinance are consistent with the
General Plan goals, policies, and implementation programs. Specifically, the purpose of this
ordinance is to ensure the City's code is consistent with State legal mandates, and there are no
goals, policies, or implementation programs that are inconsistent with implementing the
requirements of SB 1186 in the City.
SECTION 2. Amendment of Section 120.03.030. Table 3.3-1 in Section 120.03.030
(Commercial and industrial permitted uses and development standards) of the Eastvale
Municipal Code is amended to change the row for "medical marijuana dispensary" to read as
follows:
Land Use
C-1/C-P
C-P-S
C-0
I-P
M-SC
M-M
M-H
W-1
Special
Provisions
Medicinal cannabis retailer,
C
C
Section
delivery -only
1
120.04.150
SECTION 3. Amendment of Section 120.04.150.
1
A. Paragraphs (b) and (c) of Section 120.04.150 (Cannabis facilities, cultivation, and
deliveries) of the Eastvale Municipal Code are amended to read as follows:
"(b) Purpose. The purpose of this section is to prohibit
commercial cannabis facilities within the city, except as expressly authorized herein, and
to regulate cannabis cultivation within the city limits.
(c) Commercial cannabis facilities and cannabis deliveries.
1. Commercial cannabis facilities are prohibited in all zones in the city, except that
a delivery -only medicinal cannabis retailer (Type 9 retail license from the State's
Department of Cannabis Control with an M-designation) may be conditionally permitted
in the I-P and M-SC zones, subject to the requirements of paragraph (g) of this section and
provided that the delivery -only medicinal cannabis retailer is located a minimum of 1,000
feet from a residential use or zone as measured from the nearest property lines. No
person or entity may establish or operate a commercial cannabis facility within the city
limits, except for a delivery -only medicinal cannabis retailer with all appropriate permits.
2. No property owner may allow its property to be used by any person or entity as
a commercial cannabis facility within the city limits, except for a delivery -only medicinal
cannabis retailer with all appropriate permits."
B. A new paragraph (g) is added to Section 120.04.150 (Cannabis facilities,
cultivation, and deliveries) of the Eastvale Municipal Code to read as follows:
"(g) Conditions of approval. A conditional use permit for a delivery -only medicinal
cannabis retailer shall include the following minimum conditions of approval.
1. The premises must be equipped with an odor absorbing ventilation and exhaust
system so that odor generated inside the cannabis business that is distinctive to its
operation is not detected outside the cannabis business, anywhere on adjacent property
or public rights -of -way, on or about any exterior or interior common area walkways,
hallways, breeze -ways, foyers, lobby areas, or any other areas available for common use
by tenants or the visiting public, or within any other unit located within the same building
as the cannabis business. As such, cannabis businesses must install and maintain the
following equipment or any other equipment which the City determines has the same or
better effectiveness:
a. An exhaust air filtration system with odor control that prevents internal odors
from being emitted externally; or
b. An air system that creates negative air pressure between the cannabis
businesses' interior and exterior so that the odors generated inside the cannabis business
are not detectable outside the cannabis business.
2. Interior and exterior cameras shall be installed that meet all of the requirements
of Department of Cannabis Control Regulation 15044 pertaining to video surveillance
systems, and such surveillance system shall be maintained in good working order. The
City shall have final approval over the location of security cameras and their placement
shall not be altered thereafter without the prior approval of the City.
3. An alarm system shall be installed and operated that complies with Department
of Cannabis Control Regulation 15047.
4. Commercial grade, non-residential locks shall be used on all points of entry and
F
exit to the premises, and on all limited -access areas within the interior of the premises in
compliance with Department of Cannabis Control Regulation 15046."
SECTION 4. Amendment of Section 120.06.010. Section 120.06.010 (Glossary of terms) of
the Eastvale Municipal Code is amended to delete the definition of "medical marijuana
dispensary."
SECTION 5. Severability. If any chapter, subsection, subdivision, sentence, clause, phrase,
or portion of this ordinance, is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision will not affect the validity of the
remaining portions of this ordinance. The City Council hereby declares that it would have adopted
this ordinance, and each Chapter, subsection, subdivision, sentence, clause, phrase, or portion
thereof, irrespective of the fact that any one or more Sections, subsections, subdivisions,
sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 6. Effective Date. This ordinance shall take effect thirty (30) days after its
passage by the City Council.
SECTION 7. City Clerk Action. The City Clerk is authorized and directed to cause this
Ordinance to be published within fifteen (15) days after its passage in a newspaper of general
circulation and circulated within the City in accordance with Government Code Chapter 36933(a)
or, to cause this Ordinance to be published in the manner required by law using the alternative
summary and pasting procedure authorized under Government Code Chapter 39633(c).
PASSED, APPROVED AND ORDAINED this 101h day of January, 2024.
APPROVED AS TO FORM:
�C U4�
Erica Vega
City Attorney
Christian Dinco
Mayor
ATTEST:
Mar A. Donohue, MMC
City Clerk/Communications Director
3
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) §
CITY OF EASTVALE)
I, Marc A. Donohue, City Clerk/Communications Director of the City of Eastvale, California, do
hereby certify that the foregoing Ordinance No. 23-26, was introduced at a regular meeting of
the City Council of the City of Eastvale held on the 13th day of December, 2023, and was passed
by the City Council of the City of Eastvale at a regular meeting held on the 101h day of January,
2024, by the following vote:
AYES: Councilmembers Lorimore, Rigby, Yow, Mayor Pro Tern McMinn, and Mayor Dinco
NOES:
ABSENT:
ABSTAIN:
Marc A. Donohue, MMC
City Clerk/Communications Director
4