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
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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
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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.
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a J. Kim o, Dated: May 24, 2007
ty City Clfary
Interim Ordinance No. 612
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