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HomeMy WebLinkAbout612INTERIM ORDINANCE NO. 612 AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, EXTENDING URGENCY INTERIM ORDINANCE NO. 604 FOR ONE YEAR TO COMPLETE STUDIES AND PREPARE AN AMENDMENT TO THE CITY'S ZONING ORDINANCE RELATIVE TO MEDICAL MARIJUANA DISPENSARIES WHEREAS, the City Council of the City of Irwindale ("City Council"), at its regular meeting of June 28, 2006, and pursuant to Government Code Sections 65858, 36934 and 36937, adopted Interim Urgency Ordinance No. 604 establishing a moratorium (the "Moratorium") on the granting of business licenses and occupancy permits for the establishment and operation of medical marijuana dispensaries pending the completion of an amendment to the Zoning Ordinance; and WHEREAS, staff will not be able to complete all of the required studies and analyses and the preparation of the proposed amendment to the Zoning Ordinance before June 24, 2007, the date that the ten month, fifteen -day moratorium expires; and WHEREAS, all of the findings cited in Urgency Interim Ordinance No. 604, concerning the existence of an immediate and current threat to the public safety, health and welfare still remain, due to the fact that the City of Irwindale ("City") has no standards for medical marijuana dispensaries; and WHEREAS, the City Council, acting through its planning staff, has issued the written report required pursuant to Government Code Section 65858(d) describing the measures taken to date to alleviate the conditions which led up to the adoption of Interim Ordinances No. 612, which report is also incorporated herein by this reference as if set forth in full; and WHEREAS, pending completion of the tasks set forth in such report, the City Council finds and determines that there is a need to extend Urgency Interim Ordinance No. 604 for an additional time period of one year (the "Project") as authorized by Government Code Section 65858(a) to enable City staff to further research and develop a revised ordinance that addresses the City's concerns, which were the basis for the Moratorium, which research will include, but not be limited to the following: a. Continue discussions with the Police Department to identify and incorporate its concerns and record its recommendations in the proposed development and operating standards and requirements so as to adequately regulate the establishment and operation of such uses; and b. Continue a survey of areas within the City to determine which sites would be suitable for medical marijuana dispensaries and identify sites within those areas that would be appropriate for such businesses and establishments; and Interim Ordinance No. 612 Page 1 c. Continue the conduct of a survey of other cities to learn about their regulatory requirements concerning the establishment and operation of medical marijuana dispensaries, determine their effectiveness, and assess their applicability to Irwindale; and d. Continue to work with the City Attorneys' office to research regulations upon medical marijuana dispensaries and hold meetings with representatives of the City Attorneys' office and City Manager's department to discuss such regulations and the results of surveys conducted by Planning staff to identify suitable sites for medical marijuana dispensaries. In addition, the City Attorney's office will continue to monitor the differences between Federal and State legal opinions and pending case law to determine whether such facilities may be legally established. WHEREAS, Government Code Sections 36937 and 65858 expressly authorizes the City Council to adopt an ordinance prohibiting any uses which may be in conflict with a contemplated general plan, specific plan or zoning ordinance which the City Council, the Planning Commission or the Planning Department is considering studying or intends to study within a reasonable period of time; and WHEREAS, pursuant to the authority and criteria contained in the California Environmental Quality Act ("CEQA") and the CEQA Guidelines, the City of Irwindale, as the lead agency, has analyzed the Project and determined that there is no possibility that the adoption of this Ordinance extending the Moratorium may have a significant effect on the environment and, therefore, the adoption of this Ordinance is exempt from the requirements of CEQA pursuant to the provisions of CEQA Guidelines Section 15061(b)(3); and WHEREAS, subsequent to notice pursuant to Government Code Section 65090, the City Council has conducted a public hearing on the extension proposed herein. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Irwindale finds that the above recitals are true and correct. SECTION 2. Continuing from and after the date of this Interim Ordinance, neither the City Council nor the Planning Department shall grant business licenses or occupancy permits relating to medical marijuana dispensaries pending completion of studies and related planning and zoning ordinances for the establishment of a new zoning ordinance and medical marijuana dispensary standards. SECTION 3. This Interim Ordinance shall not apply to any application for a business license or occupancy permit relating to medical marijuana dispensaries where such application has, prior to June 28, 2006, been deemed complete by City staff. Interim Ordinance No. 612 Page 2 SECTION 4. This Interim Ordinance is enacted pursuant to the authority conferred upon the City Council of the City of Irwindale by Government Code Section 65858, and shall be in full force and effect thirty days after the second reading upon its adoption by a four-fifths (4/5) vote of the City Council as if and to the same extent that such ordinance had been adopted pursuant to each of the individual sections set forth hereinabove. SECTION 5. In adopting this Interim Ordinance extending Interim Urgency Ordinance No.604, the City Council finds and determines that each of the recitals contained in this ordinance are true and correct, and that the adoption of this Interim Ordinance is necessary to protect the public safety, health and welfare, as those terms are defined in Government Code Section 65858(a), in at least the following respects: (a) Were the City Council or the Planning Department to grant a business license or occupancy permit, or the like, relating to medical marijuana dispensaries during the pendency of the General Plan update and the studies necessary to revise the City's zoning ordinance relating to medical marijuana dispensaries, such approvals could undermine the orderly development of property within the City, resulting in a reduction of the quality, caliber and aesthetics of the development of such property and have the potential of inviting illegal activity to the City associated with unregulated or inadequately regulated medical marijuana dispensaries; and (b) Were the City Council or the Planning Department to grant a business license or occupancy permit, or the like, relating to medical marijuana dispensaries during the pendency of the General Plan update and the studies necessary to revise the City's zoning ordinance relating to medical marijuana dispensaries, such approvals could undermine the orderly development of property within the City, resulting in the inability of the City to assure that property is developed to its highest and best use as allowed by law; and (c) Were the City Council or the Planning Department to grant a business license or occupancy permit, or the like, relating to medical marijuana establishments during the pendency of the General Plan update and the studies necessary to revise the City's zoning ordinance relating to medical marijuana dispensaries, such approvals could authorize development which is in violation of State laws. SECTION 6. This Interim Ordinance shall be of no further force or effect one year from and after the date of its adoption. Interim Ordinance No. 612 Page 3 PASSED, APPROVED, AND ADOPTED this 23rd day of May 2007. H. Manuel iz, Mayor JTEST: r `,L',rxda J. K o, MC Deputy City Clerk State of California } County of Los Angeles } ss. City of Irwindale } I, Linda J. Kimbro, Deputy City Clerk of the City of Irwindale, California, do hereby certify that the foregoing Ordinance No. 612 was duly introduced and adopted at a regular meeting of the City Council held on the 23rd day of May 2007, by the following roll call vote: AYES: Councilmembers: Breceda, Gomez, Miranda, Fuentes, Mayor Ortiz NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None .f Lid %J. Kimb MC Deputy City Clerk AFFIDAVIT OF POSTING I, Linda J. Kimbro, Deputy City Clerk, certify that I caused a copy of Ordinance No. 612 adopted by the City Council of the 4epu of Irwindale at its regular meeting held May 23, 2007, to be posted at the City Hall, Library, and Post Office on May 24, 2007. � lbu a J. Kim o, Dated: May 24, 2007 ty City Clfary Interim Ordinance No. 612 Page 4