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.
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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
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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
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