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HomeMy WebLinkAbout1955 RESOLUTION NO. 1955 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF TEXT AMENDMENTS TO AMEND SECTIONS 9220.45.1.3 AND 9213 OF THE ARCADIA MUNICIPAL CODE TO PROHIBIT CANNABIS DISPENSERIES, CANNABIS MANUFACTURERS, CULTIVATION, AND DELIVERY OF CANNABIS IN THE CITY WHEREAS, in November 2015, the Development Services Department initiated text amendments, case file Text Amendment No. TA 15-05, and drafted an Ordinance in response to State legislation regarding medical marijuana, the "Medical Marijuana Regulation and Safety Act;" and WHEREAS, several California cities have reported negative impacts of marijuana cultivation, processing, and distribution uses, including offensive odors, illegal sales, and distribution of marijuana, trespassing, theft, violent robberies and robbery attempts, fire hazards, and problems associated with mold, fungus, and pests; and WHEREAS, based on the experiences of other cities, these negative effects on the public health, safety, and welfare are likely to occur, and continue to occur, in the City due to the establishment and operation of marijuana cultivation, processing, and distribution uses; and WHEREAS, the Arcadia Municipal Code does not fully address the cultivation, processing, delivery and distribution of medical cannabis; and WHEREAS, based on the findings above, the potential establishment of cannabis dispensaries, cultivation, cannabis manufacturers and delivery of cannabis uses in the City without regulation poses a current immediate threat to the public health, safety and welfare in the City due to the negative land use and other impacts of such uses as described above; and WHEREAS, the text amendments and Ordinance are not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15060(c)(3) because this activity is not a project as defined by Section 15378 of the CEQA Guidelines, and pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that it will not have a significant effect or physical change to the environment; and WHEREAS, on December 8, 2015, a duly-noticed public hearing was held before the Planning Commission on said text amendments and draft Ordinance, at which time all interested persons were given full opportunity to be heard and to present evidence; and NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA HEREBY RESOLVES AS FOLLOWS: SECTION 1. That the factual data submitted by the Community Development Division in the report dated December 8, 2015, are true and correct. SECTION 2. That this Commission finds, based upon the entire record, that the approval of the text amendments and draft Ordinance will protect the public health, safety and welfare from the negative land use and other impacts of the cultivation, processing, delivery and distribution of medical cannabis. SECTION 3. That the text amendments and Ordinance are not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15060(c)(3) because this activity is not a project as defined by Section 15378 of the CEQA Guidelines, and pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that it will not have a significant effect or physical change to the environment. 2 1955 SECTION 4. That for the foregoing reasons the Planning Commission approves of the text amendments and recommends to the City Council adoption of the draft Ordinance. SECTION 5. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 8th day of December, 2015. Chairman, Planning C mmission ATTEST: S etary APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 3 1955 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §: CITY OF ARCADIA ) I, Jim Kasama, Secretary of the Planning Commission of the City of Arcadia, hereby certify that the foregoing Resolution No. 1955 was passed and adopted by the Planning Commission of the City of Arcadia, signed by the Chairperson and attested to by the Secretary at a regular meeting of said Planning Commission held on the 8th day of December, 2015, and that said Resolution was adopted by the following vote, to wit: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §: CITY OF ARCADIA ) AYES: Commissioners Chan, Lewis, Thompson and Chiao NOES: None ABSENT: Commissioner Lin Secret of the Planning Commission 4 1955