NOTICE OF EXEMPTION
To:
Office of Planning and Research
From (Public Agency):
City of Murrieta
P.O. Box 3044, Room 113
Sacramento, CA 95812-3044
Riverside County Clerk
4080 Lemon St.
Riverside, CA 92501
1 Town Square
Murrieta, CA 92562
Project Title:
Cannabis and Medicinal Cannabis Delivery Uses (MCA-2023-00008) Project Location - Specific:
Citywide
Project Location - City:
City of Murrieta
Project Location - County:
County of Riverside
Description of Nature, Purpose, and Beneficiaries of Project:
Nature:
The “Project” is a request by the City of Murrieta to amend Sections 16.08.010, 16.10.010, 16.11.010, 16.12.010, 16.13.010, 16.14.010, and 16.44.250 of the Murrieta Development Code (“MDC”), under the Murrieta Municipal Code (“MMC”), to implement the provisions of Senate Bill 1186 “Medicinal Cannabis Patients’ Right of Access Act”, which requires the retail sale by delivery within local jurisdictions of medicinal marijuana to medicinal marijuana patients or their primary caregivers. The amendment will also provide for the locational criteria for the establishment of a Medicinal Cannabis Delivery Service distribution location within the Business Park (BP) Zone.
Purpose:
Pursuant to State law, the City is permitted to provide reasonable standards to address security and public health and safety components for medicinal marijuana activities. The City is also updated existing Municipal Code terminology from “Marijuana” to “Cannabis” consistent with evolving State terminology. Consistent with SB 1186, the proposed amendments will allow for the establishment of non-storefront retail medicinal cannabis delivery business locations subject to Zoning, security and public health standards, licensing standards, and compliance with restrictions as imposed upon cannabis businesses by state law and/or by the California Department of Cannabis Control.
Beneficiaries:
City of Murrieta
Name of Public Agency Approving Project:
City of Murrieta
Name of Person or Agency Carrying Out Project:
City of Murrieta
Exempt Status
(check one):
Pursuant to California Environmental Quality Act (CEQA) Statute and Guidelines Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 152269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Categorical Exemption. Type and Section:
State CEQA Guidelines §15060(c)(2) “Preliminary Review” State CEQA Guidelines §15061(b)(3) “Common Sense Exemption” Statutory Exemption. Code Number:
Reasons Why Project is Exempt: The “Project” has been evaluated pursuant to the California Environmental Quality Act (CEQA), and it has been determined that the amendments will have no significant adverse impacts on the environment as it is simply updating existing operating standards related to medical cannabis delivery consistent with State requirements and is similar in nature to other delivery services that occur throughout the City on a daily basis. Furthermore, the amendment is exempt for California Environmental Quality Act (CEQA) Chapter 3 of Title 14 of the California Code of Regulations beginning at Section 15000, specifically: Section 15060(c)(2), because the proposed Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment; and Section 15061(b)(3), because the Ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.
Lead Agency
Contact Person: Chris Tracy, AICP Senior Planner
Telephone
& Extension: (951) 461-6046
If Filed by Applicant:
Attach certified document of exemption finding.
Has a Notice of Exemption been filed by the public agency approving the project? Yes
No
Signature:
Title:
Senior Planner
Date:
Signed by Lead Agency
Date received for filing at OPR:
Signed by Applicant
2