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HomeMy WebLinkAbout2249ORDINANCE NO. 2249 AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ENACTED PURSUANT TO GOVERNMENT CODE SECTION 65858 EXTENDING INTERIM URGENCY ORDINANCE NO. 2248 FOR AN ADDITIONAL 10 MONTHS AND 15 DAYS AND CONTINUING FOR THIS PERIOD THE TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES THE CITY COUNCIL FOR THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION I. The purpose of this Interim Urgency Ordinance is to extend the temporary moratorium on the establishment and operation of medical marijuana dispensaries in the City of Arcadia ("City"), as currently authorized under Ordinance No. 2248, because the concerns described in Ordinance No. 2248 have not been alleviated. SECTION 2. The City Council enacts this Interim Urgency Ordinance under the authority granted to cities by Article XI, Section 7 of the California Constitution, Section 11362.5, et seq. of the California Health & Safety Code, and Section 65858 of the California Government Code. SECTION 3. The City Council of the City of Arcadia hereby finds: 1 A. On September 16, 2008, pursuant to Section 65858 of the California Government Code, after public notice and a public hearing, the City Council of the City of Arcadia ("City Council") adopted Ordinance No. 2248, an interim urgency ordinance, which temporarily places a moratorium on the establishment and operation of medical marijuana dispensaries in the City. B. Section 65858, subdivision (a) of the California Government Code provides that Ordinance No. 2248 shall expire and be of no further force and effect forty-five (45) days from its date of adoption. C. Section 65858, subdivision (a) of the California Government Code provides that prior to the expiration of Ordinance No. 2248, the City may extend Ordinance No. 2248 for an additional ten (10) months and fifteen (15) days after giving notice pursuant to Section 65090 of the California Government Code and conducting a public hearing. D. The City Council seeks to extend the temporary moratorium on the establishment and operation of medical marijuana dispensaries, as currently authorized under Ordinance No. 2248, to continue studying possible means of regulating or prohibiting medical marijuana dispensaries, including zoning-based regulations and other regulations to help ensure that medical marijuana 2 2249 dispensaries are regulated in a way that protects the community and complies with applicable law. E. The purpose for extending Ordinance No. 2248 is to avoid the potentially significant adverse impacts to the public's health, safety and welfare described in Ordinance No. 2248. F. The City Council has determined there is a need to extend Ordinance No. 2248 for an additional ten (10) months and fifteen (15) days as authorized under Section 65858, subdivision (a) of the California Government Code. G. The notice and public hearing required by Section 65858, subdivision (a) of the California Government Code for the extension of Ordinance No. 2248 has been provided in accordance with applicable law. SECTION 4. The purpose of this Interim Urgency Ordinance is to extend Ordinance No. 2248 for an additional ten (10) months and fifteen (15) days, which shall have the effect of placing a moratorium on the approval or issuance of any use permit, variance, building permit, business license or other applicable entitlement for the establishment or operation of a medical marijuana dispensary in the City for the immediate preservation of the public health, safety and welfare. 3 2249 SECTION 5. Adoption of this Interim Urgency Ordinance shall constitute an extension of Ordinance No. 2248 pursuant to Section 65858 of the California Government Code. SECTION 6. For purposes of this Interim Urgency Ordinance, the terms defined below shall have the following meanings: A. "Medical marijuana dispensary" shall mean any facility or location where a primary caregiver intends to or does make available, sell, transmit, give, or otherwise provide medical marijuana to two or more of the following: a qualified patient, a person with an identification card, or a primary caregiver. B. "Primary caregiver," "qualified patient," and "identification card" shall have the meanings set forth in Health and Safety Code section 11362.7. SECTION 7. The City Council hereby finds and determines that adoption of this Interim Urgency Ordinance and the extension of Ordinance No. 2248 is necessary for the current and immediate protection of the public health, safety, and welfare of the City and its residents for all the reasons set forth above, in Ordinance No. 2248, and the agenda report prepared in connection with this Ordinance, which are hereby expressly incorporated as though fully set forth herein, and the following additional reasons: 4 2249 A. The City continues to study the issue of regulation of medical marijuana dispensaries, and has collected studies, reports, and other information from other California cities concerning the effects created by the operation of medical marijuana dispensaries, which have indicated that dispensaries can have negative effects on the surrounding areas if not property regulated. B. Establishment and/or operation of medical marijuana dispensaries under existing zoning and development standards will have a detrimental effect because the existing standards do not consider the unique impacts created by medical marijuana dispensaries, which would create the potential for severe land ase incompatibilities, with associated impacts to adjacent residents and businesses. These adverse impacts on the public health, safety, and welfare can be avoided through careful study and proper planning for the regulation of medical marijuana dispensaries. SECTION 8. The City Council hereby directs the Development Services Department to consider and study possible means of regulating or prohibiting medical marijuana dispensaries, including zoning-based regulations and other regulations. 5 2249 SECTION 9. The City Council hereby finds that this Interim Urgency Ordinance is not subject to the California Environmental Quality Act (Pub. Resources Code, Sec. 21000 et seq .) ("CEQA") pursuant to Section 15060, subdivision (c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and Section 15060, subdivision (c)(3) (the activity is not a project as defined in Section 15378) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. SECTION 10. Ten days prior to the expiration of this Interim Urgency Ordinance, the City Council shall issue a written report describing the measures which the City has taken to alleviate the conditions which led to the adoption of this Ordinance. SECTION 11. If any provision of this Interim Urgency Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Interim Urgency Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. 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'ZT I~IOI,LO~S STATE OF CALIFORNIA ) ~~ COUNTY OF LOS ANGELES) SS: CITY OF ARCADIA )_ I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing Ordinance No. 2249 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 21 st day of October, 2008 and that said Ordinance was adopted by the following vote, to wit: AYES: Council Member Amundson, Chandler, Kovacic, Wuo and Harbicht NOES: None ABSENT: None 4 ity Clerk of the City of Arcadia 8 2249'