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HomeMy WebLinkAboutItem 1a - Ordinance 2261 & Ordinance 2262 Medical MarijuanaGNLirOel~r9 ~r Ie<erpr M MaY.I' S. Igp3 STAFF REPORT Police Department DATE: August 18, 2009 TO: Mayor and City Council FROM: Robert P. Sanderson, Chief of Policek~ Jason Kruckeberg, Development Services Director By: Jim Kasama, Community Development Administrator SUBJECT: CONSIDERATION OF TEXT AMENDMENT NO. TA 09-03 FOR URGENCY ORDINANCE NO. 2261 AND STANDARD ORDINANCE NO. 2262 TO AMEND CERTAIN SECTIONS OF ARTICLE VI (BUSINESSES, PROFESSIONS, TRADES AND OCCUPATIONS) AND ARTICLE IX (DIVISION AND USE OF LAND) OF THE ARCADIA MUNICIPAL CODE TO PROHIBIT THE ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES AND OTHER BUSINESSES AND USES PROHIBITED BY LOCAL, STATE OR FEDERAL LAW. Recommendation: Adopt Urgency Ordinance No. 2261 and introduce Ordinance No. 2262 SUMMARY The City Council passed a 45-day moratorium on the establishment and operation of medical marijuana dispensaries on September 16, 2008, and the moratorium was subsequently extended on October 21, 2008 for an additional 10 months and 15 days per statute. The moratorium will expire in early September. The moratorium provided staff with time to review the City's regulations and enforcement capabilities, and the State's legislation regarding medical marijuana. The attached ordinances will enact the proposed changes to the City's Business Licensing and Zoning regulations to prohibit the establishment and operation of medical marijuana dispensaries as well as other businesses and uses that are prohibited by local, state or federal law. BACKGROUND In 1996, the passage of Proposition 215 permitted the possession and cultivation of marijuana for certain medical purposes in California; and in 2003, Senate Bill 420 created a State approved voluntary medical marijuana identification card program and established the quantity of marijuana a qualified patient or primary caregiver may possess. However, neither Proposition 215 nor Senate Bill 420 authorize medical marijuana dispensaries and do not require local governments to authorize medical marijuana dispensaries. Additionally, Federal law prohibits the possession and cultivation of marijuana, and the United States Supreme Court has ruled that California's system of limited decriminalization for medical marijuana is susceptible to abuse and has concluded that there is no exemption for medical necessity from the Federal prohibition on the sale and distribution of marijuana. As marijuana dispensaries have proliferated throughout Los Angeles County and other parts of California, and it can be reasonably concluded that such storefront operations are not authorized by law, the proposed text amendments and ordinances are necessary to protect the public health, safety, and general welfare of the citizens of Arcadia, as well as to ensure compliance with Federal and State law. Nearly 100 cities and counties in California have instituted either a temporary or permanent ban on medical marijuana dispensaries. The Police Department and Development Services Department recommend approval of the text amendments for the attached ordinance and urgency ordinance to prohibit the establishment and operations of medical marijuana dispensaries in the City of Arcadia. DISCUSSION Federal law prohibits the use, distribution, and possession of marijuana, and the United States Supreme Court recently held in Gonzales v. Raich that the Federal Controlled Substances Act prohibits local cultivation and use of marijuana under all circumstances. California voter approval of Proposition 215, entitled the Compassionate Use Act of 1996, which enabled persons in need of medical marijuana for medicinal purposes to obtain and use it under limited, specified circumstances; but, this conflicts with Federal law. Additionally, Senate Bill 420, enacted by the California Legislature in 2003, created a voluntary medical marijuana licensing program and established limits on the amount of marijuana that a patient or primary caregiver may possess. The State of California hosted a summit on the issue of medical marijuana dispensaries during the week of April 21, 2009. At this summit, recent information was provided regarding the status of storefront medical marijuana dispensary operations. The consensus of the California State Attorney General, United States Attorney General, United States Supreme Court, and established Federal law is that medical marijuana dispensaries are not true collectives as identified by law and are unprotected and illegal drug-trafficking enterprises. As such, local governments have the option of banning the establishment of medical marijuana dispensaries within their jurisdictions. Therefore, the Police Department is proposing a text amendment and requested the City Attorney's Office to draft regulations to prohibit medical marijuana dispensaries in the City of Arcadia. In order to have these regulations in place prior to the expiration of the moratorium in early September, an urgency ordinance is necessary. The City Attorney's Office has provided the attached urgency ordinance and standard Text Amendment No. TA 09-03 Ordinance Nos. 2261 & 2262 August 18, 2009 Page 2 of 4 ordinance setting forth amendments to certain sections of Article VI (Businesses, Professions, Trades and Occupations) and Article IX (Division and Use Land) of the Arcadia Municipal Code to prohibit the establishment and operation of medical marijuana dispensaries and other businesses and uses prohibited by local, state, or federal law. The amendments provide definitions, standards, denial of license provisions, grounds for revoking any permit, an omission or ambiguity resolution process, authority for City Council action, and exclusion of medical marijuana dispensaries from the definitions of drugstores and pharmacies. The ordinances are compatible with current federal and state laws. The two ordinances are identical, except for the urgency provisions. The urgency ordinance would become effective immediately upon adoption by the City Council, and the standard ordinance would become effective 31 days after adoption. PLANNING COMMISSION ACTION At its regular meeting of July 28, 2009, the Planning Commission considered Text Amendment No. TA 09-03 and voted 4-0 with one member absent to recommend approval of both the urgency ordinance and the standard ordinance. An excerpt of the Planning Commission Meeting Minutes is attached. ENVIRONMENTAL ANALYSIS The proposed text amendment and ordinances are exempt from the requirements of the California Environmental Quality Act (CEQA) because there is no possibility that the ordinances will have a significant effect on the environment. The basis for this determination is that the amendments to the Arcadia Municipal Code will impose greater limitations on development, and will thereby serve to reduce potentially significant adverse environmental impacts. The ordinances are exempt from further environmental review pursuant to Section 15061(b)(3) of the CEQA guidelines. A Preliminary Exemption Assessment and draft Notice of Exemption are attached. FISCAL IMPACT The proposed text amendment and ordinances will have no direct fiscal impact. RECOMMENDATION The Police Department and Development Services Department recommend approval of Text Amendment No. TA 09-03 and acceptance of the CEQA exemption determination by the following two actions: 1. Adoption of Urgency Ordinance No. 2261: AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING CERTAIN SECTIONS OF ARTICLE VI (BUSINESSES, PROFESSIONS, TRADES AND OCCUPATIONS) AND Text Amendment No. TA 09-03 Ordinance Nos. 2261 & 2262 August 18, 2009 Page 3 of 4 ARTICLE IX (DIVISION AND USE OF LAND) OF THE ARCADIA MUNICIPAL CODE TO PROHIBIT THE ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES AND OTHER BUSINESSES AND USES PROHIBITED BY LOCAL, STATE OR FEDERAL LAW. 2. Introduction of Ordinance No. 2262: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING CERTAIN SECTIONS OF ARTICLE VI (BUSINESSES, PROFESSIONS, TRADES AND OCCUPATIONS) AND ARTICLE IX (DIVISION AND USE OF LAND) OF THE ARCADIA MUNICIPAL CODE TO PROHIBIT THE ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES AND OTHER BUSINESSES AND USES PROHIBITED BY LOCAL, STATE OR FEDERAL LAW. Approved by: Donald Penman, City Manager Attachments: Urgency Ordinance No. 2261 Ordinance No. 2262 Planning Commission Meeting Minutes Excerpt Preliminary Exemption Assessment Draft Notice of Exemption Text Amendment No. TA 09-03 Ordinance Nos. 2261 & 2262 August 18, 2009 Page 4 of 4 ORDINANCE NO. 2261 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING CERTAIN SECTIONS OF ARTICLE VI (BUSINESSES, PROFESSIONS, TRADES AND OCCUPATIONS) AND ARTICLE IX (DIVISION AND USE OF LAND) OF THE ARCADIA MUNICIPAL CODE TO PROHIBIT THE ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES AND OTHER BUSINESSES AND USES PROHIBITED BY LOCAL, STATE OR FEDERAL LAW WHEREAS, on November 5, 1996 the voters of the state of California approved Proposition 215, which enacted the Compassionate Use Act of 1996, codified at California Health and Safety Code Section 11362.5. The Compassionate Use Act permits possession and cultivation of marijuana for certain medical purposes under limited and specified circumstances; and WHEREAS, in 2003 the California Legislature enacted Senate Bill 420 ("SB 420") which added Article 2.5 ("Medical Marijuana Program") to Division 10, Chapter 3, of the California Health and Safety Code, to clarify the scope of the Compassionate Use Act of 1996. SB 420 created a state approved voluntary medical marijuana identification card program, established the quantity of marijuana that a qualified patient or primary caregiver may possess, and provided for additional immunities from state criminal marijuana laws. SB 420 also allows cities and other governing bodies to adopt and enforce rules and regulations consistent with SB 420; and . WHEREAS, the Medical Marijuana Program does not authorize medical marijuana dispensaries and does not require local governments to authorize medical marijuana dispensaries; and 1 WHEREAS, nothing in either the Compassionate Use Act or the Medical Marijuana Program contains an affirmative mandate that cities allow or permit medical marijuana dispensaries within their city limits; and WHEREAS, the Federal Controlled Substances Act (21 USC §§801, et seq.) classifies marijuana as a "Schedule I Drug," which is defined as a drug or other substance that has a high potential for abuse, that has no currently accepted medical use in treatment in the United States, and that has not been accepted as safe for its use under medical supervision; and WHEREAS, Section 841 the Controlled Substances Act (21 USC §841) makes it unlawful for any person to cultivate, manufacture, distribute or dispense, or possess with intent to manufacture, distribute or dispense marijuana. The Controlled Substances Act contains no statutory exemption for the possession of marijuana for medical purposes; and WHEREAS, the United States Supreme Court, in Gonzales v. Raich, 545 U.S. 1 (2005), confirmed the validity of the Federal prohibition of marijuana cultivation, sale and distribution and the application of Federal Law in California, notwithstanding the possible medicinal uses of marijuana and the limited authorization for sale and distribution of marijuana created by California state law, noting that California's system of limited decriminalization for medical marijuana is susceptible to abuse, and confirmed that California's medical marijuana laws are superseded by Federal Law to the extent that they conflict with Federal Law; and WHEREAS, the United States Supreme Court, in United States v. Oakland Cannabis Buyers' Cooperative, 532 U.S. 483 (2001), concluded that there is no exemption for medical necessity from the Federal Law prohibition on the sale and distribution of marijuana; and 2 WHEREAS, on September 16, 2008, the City Council of the City of Arcadia enacted Ordinance No. 2248, a forty-five day interim moratorium on the establishment of medical marijuana dispensaries in the City of Arcadia; and WHEREAS, pursuant to Government Code Sections 65090 and 65858, on October 21, 2008, the City Council conducted a public hearing to consider extending the interim moratorium on the establishment of medical marijuana dispensaries, received and considered oral and documentary evidence on this issue, and adopted Ordinance No. 2249, extending the Moratorium for an additional 10 months and 15 days; and WHEREAS, the interim moratorium is set to expire on September 16, 2009; and WHEREAS, following the adoption of the interim moratorium established by Ordinance No. 2248, as extended by Ordinance No. 2249, the City Council, the City Attorney's Office, and City Staff, with input from the City Police Department and other law enforcement professionals, have studied the public health and safety issues relating to, and adverse secondary effects associated with, the operation of medical marijuana dispensaries and the zoning, regulation or control of medical marijuana dispensaries; and WHEREAS, during the interim moratorium, City Planning staff, working in conjunction with the City Attorney's office, also reviewed the ordinances and reported the regulatory experiences of several California cities with a long and documented history of public health and safety problems and adverse secondary effects associated with the operation of medical marijuana dispensaries; and WHEREAS, other cities with medical marijuana dispensaries have reported an increase in pedestrian and vehicular traffic and noise, increased loitering around dispensary locations, 3 increased incidents of burglary, and increased complaints from neighbors regarding operation of the dispensaries; and WHEREAS, other California cities that have permitted the establishment of medical marijuana dispensaries have also experienced an increase in crime, such as burglary, robbery and sale of illegal drugs in the areas immediately surrounding such dispensaries; and WHEREAS, the California Police Chiefs Association has compiled an extensive report detailing a number of the negative secondary effects associated with medical marijuana dispensaries; and WHEREAS, medical marijuana dispensaries negatively impact the health, safety and welfare of the community because of the potential for increases in illegal drug use and sales, robbery of dispensaries and dispensary operators, employees and clients; loitering, falsely obtained identification cards, and other increases in criminal activity related to the operation of medical marijuana dispensaries; and WHEREAS, California Health and Safety Code Section 11362.5(b)(2) expressly provides that nothing in the Compassionate Use Act shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, nor to condone the diversion of marijuana for non-medical purposes; and WHEREAS, persons residing in City of Arcadia who are entitled to possess and use medical marijuana under the Compassionate Use Act have adequate access to dispensaries within other areas of Los Angeles County which provide medical marijuana to qualified patients; and WHEREAS, after studying various alternatives for the regulation of medical marijuana dispensaries, considering testimony from members of the public, and reviewing the legal status of medical marijuana dispensaries under applicable law, the City Council finds that adoption of a 4 ban on the establishment and operation of medical marijuana dispensaries is necessary to protect the public health, safety, and welfare; and WHEREAS, the City Council wishes to allow various and diverse uses of land, operations and businesses within the City of Arcadia; and WHEREAS, the City Council recognizes that certain uses of land, operations and businesses may be prohibited under state law or Federal law; and WHEREAS, the City Council wishes to ensure that all uses, operations and businesses within the City are permitted under both state and federal law, in order to protect the health and welfare of residents of and visitors to Arcadia; and WHEREAS, existing City ordinances and regulations, other than the interim moratorium established by Ordinance No. 2248 and extended by Ordinance No. 2249, do not expressly address the zoning regulation or control of medical marijuana dispensaries; and WHEREAS, there are currently no existing medical marijuana dispensaries in the City; and WHEREAS, on July 28, 2009, pursuant to Government Code Sections 65854 and 65855, the Planning Conunission of the City of Arcadia conducted a duly noticed public hearing and recommended that the City Council amend the Arcadia Municipal Code by amending various sections of Articles VI and IX to prohibit in all zones medical marijuana dispensaries and other uses that are illegal under either state or federal law; and WHEREAS, the Planning Commission based its recommendation to adopt the amendment on the findings set forth above and a finding that adoption of the amendment is exempt from compliance with the California Environmental Quality Act; and 5 WHEREAS, on August 18, 2009, pursuant to Government Code Section 65866, the City Council held a duly noticed public hearing at which all persons wishing to testify in connection with the amendment were heard and the amendment was comprehensively reviewed; and WHEREAS, the proliferation of medical marijuana dispensaries within the City of Arcadia presents a current and immediate threat to the public health, safety and welfare in that such facilities are illegal under Federal law and result in the adverse secondary effects outlined above; and WHEREAS, due to the expiration of Ordinance No. 2249, there is an urgent need for the adoption of regulations prohibiting medical marijuana dispensaries; and WHEREAS, consequently, the City Council finds that this urgency ordinance is required for the immediate preservation of the public health, safety, and welfare. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. FINDINGS. The findings set forth in the recitals above are hereby adopted by the City Council and are incorporated by reference into this Ordinance. SECTION 2. Section 6153 of Article VI of the Arcadia Municipal Code (Business Permit & License Review Board) is hereby amended to read as follows: "6153. STANDARDS. The Board may refuse to approve the issuance of a permit whenever in its reasonable judgment such issuance will be materially detrimental to the public health, morals, safety or general welfare. A permit may be refused if it is determined that the applicant or applicant's agents have, in the conduct of the same or any similar business, activity, or enterprise, been guilty of fraud, misrepresentation or conduct detrimental to the public welfare which includes 6 operations or activities that do not comport with the peace, health, safety and convenience of the public such as (a) operation of a business prohibited by local, federal or state law (b) allowance of activities that are or become a public nuisance which includes the disruptive conduct of business patrons whether on or immediately off the premises where such patrons disturb the peace, obstruct traffic, damage property, engage in criminal conduct, violate the law and otherwise impair the free enjoyment of life and property." SECTION 3. Section 6212.1 of Article VI of the Arcadia Municipal Code (License Issuance) is hereby amended to read as follows: "6212.1. SAME. VIOLATIONS NOT AUTHORIZED. Neither the payment of a license fee required by the provisions of this Chapter, nor its acceptance by the City and the issuance of the license to any person, shall entitle the holder thereof to continue or carry on any business in or on any building or premises designated in such license in the event that such building or premises are situated in a zone or locality in which the conduct of such business is in violation of any law (whether federal, state or local) or provision of this Code, nor shall the same authorize the conduct or continuance of any business which for any reason is in violation of any law (whether federal, state or local) or provision of this Code, nor affect or render valid any violation of any zoning regulation of the City, nor authorize the erection of an advertising sign in a residential zone." SECTION 4. Section 6216.6 of Article VI of the Arcadia Municipal Code (Licenses - General Provisions) is hereby amended to read as follows: 116216.6. DENIAL OF LICENSE. Subject to appeal pursuant to Section 6216.8, the License Officer may refuse to issue a license under this Article if it is determined that the applicant or applicant's agents have, in the 7 conduct of the same or any similar business, been guilty of fraud, misrepresentation or conduct detrimental to the public welfare which includes operations or activities that do not comport with the peace, health, safety and convenience of the public such as (a) operation of a business prohibited by local, federal or state law (b) allowance of activities that are or become a public nuisance which includes the disruptive conduct of business patrons whether on or immediately off the premises where such patrons disturb the peace, obstruct traffic, damage property, engage in criminal conduct, violate the law and otherwise impair the free enjoyment of life and property." SECTION 5. Section 6312.2 of Article VI of the Arcadia Municipal Code (Issuance & Denial - New Permits) is hereby amended to read as follows: "6312.2. COUNCIL ACTION. The Council may, after investigation of said application and of said proposed business, grant or refuse to grant a permit therefor. The Council shall have the right to and shall refuse any such permit if it shall find and determine that the granting of the same or the conducting of the business for which a permit is requested will be injurious, detrimental or harmful to the public peace, health, safety, morals, or welfare of the City or the inhabitants thereof, or if the application is found to contain false or misleading statements on behalf of or by the applicant. The Council may refuse to issue a permit under this Article if it is determined that the applicant or applicant's agents have, in the conduct of the same or any similar business been guilty of fraud, misrepresentation of conduct detrimental to the public welfare which includes operations of activities that do not comport with the peace, health, safety and convenience of the public such as (a) operation of a business prohibited by local, federal or state law (b) allowance of activities that are or become a public nuisance which includes the disruptive conduct of business patrons 8 whether on or immediately off the premises where such patrons disturb the peace, obstruct traffic, damage property, engage in criminal conduct, violate the law and otherwise impair the free enjoyment of life and property. The action of the Council in granting or refusing a permit shall be final." SECTION 6. Section 6314 of Article VI of the Arcadia Municipal Code (Permits - Suspension & Revocation) is hereby amended to read as follows: "6314. GROUNDS. The Council may revoke any permit issued by it under the provisions of this Chapter upon any ground upon which such permit could or should have been denied in the first instance, or whenever the Council is satisfied that the conduct of any such business does or will in any manner endanger, threaten or jeopardize the public health, safety, morals, peace or welfare or that the same has been conducted in an illegal, improper or disorderly manner or that such permit was obtained upon false or misleading statements or representations of or on behalf of the applicant. The Council may revoke if it is determined that the applicant or applicant's agents have, in the conduct of the same or any similar business, been guilty of fraud, misrepresentation or conduct detrimental to the public welfare which includes operations or activities that do not comport with the peace, health, safety and convenience of the public such as (a) operation of a business prohibited by local, federal or state law (b) allowance of activities that are or become a public nuisance which includes the disruptive conduct of business patrons whether on or immediately off the premises where such patrons disturb the peace, obstruct traffic, damage property, engage in criminal conduct, violate the law and otherwise impair the free enjoyment of life and property." 9 SECTION 7. Section 9213 of Article IX of the Arcadia Municipal Code (Zoning - Omission or Ambiguity) is hereby amended to read as follows: "9213. OMISSION OR AMBIGUITY. If any "use" is for any reason omitted from the lists of those specified as permissible in each of the various zones herein designated, or if ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this Chapter, or if ambiguity exists with reference to matters of height, yard requirements or area requirements as set forth herein and as they may pertain to unforeseen circumstances, it shall be the duty of the Planning Commission to ascertain all pertinent facts concerning said use and by resolution of record set forth its findings and the reasons therefor. Such findings and resolutions shall be referred to the Council and, if approved by the Council, thereafter such interpretation shall govern. Notwithstanding the above, Medical Marijuana Dispensaries that are unlawful under Federal or state law shall not be treated as permitted or conditionally permitted uses in any zone of the City of Arcadia, and shall not be determined to be an "omitted" or "ambiguous" use pursuant to this Section." SECTION 8. Section 9220.45.1.1 is hereby added to Article IX of the Arcadia Municipal Code (Zoning - Definitions) and shall read as follows: "9220.45.1.1 MEDICAL MARIJUANA DISPENSARY. Any facility or location where medical marijuana is made available and/or distributed by or to one or more of the following: a primary caregiver, a qualified patient or a person with an identification card in strict accordance with California Health and Safety Code Section 11362.5 et seq. A "medical marijuana dispensary" shall not include the following uses, as long as the locations of such uses are otherwise regulated by this Code or applicable law: a clinic licensed 10 pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, a residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code, a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code, a residential hospice or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as such use complies strictly with applicable law including, but not limited to, Health and Safety Code Section 11362.5 et seq." SECTION 9. Paragraph (13) of Section 9260.1.3 of Article IX of the Arcadia Municipal Code (Zoning - Uses permitted in CPD-1 zone) is hereby amended to read as follows: "9260.1.3. PROFESSIONAL OFFICES. Professional offices for the following uses: (13) Pharmacies (not including Medical Marijuana Dispensaries)." SECTION 10. Paragraph (17) of Section 9261.1.2 of Article IX of the Arcadia Municipal Code (Zoning - Uses permitted in C-O zone) is hereby amended to read as follows: "9261.1.2. PROFESSIONAL OFFICES. Professional offices for the following uses: (17) Pharmacies for only the filling of prescriptions and the sale of sick room supplies (not including Medical Marijuana Dispensaries)." SECTION 11. Section 9262.1.13 of Article IX of the Arcadia Municipal Code (Zoning - Uses permitted in C-1 zone) is hereby amended to read as follows: "9262.1.13. SAME. Drugstores (not including Medical Marijuana Dispensaries)." 11 SECTION 12. Paragraph (13) of Section 9264.2.6 of Article IX of the Arcadia Municipal Code (Zoning - Uses permitted in CBD zone) is hereby amended to read as follows: "9264.2.6. RETAIL USES. 13. Drug stores (not including Medical Marijuana Dispensaries);" SECTION 13. Section 9285.6.2.8 of Article IX of the Arcadia Municipal Code (Zoning - Permitted Home Occupations) is hereby amended to read as follows: "9285.6.2.8. SAME. SAME. POTTED PLANTS. R-O, R-M, R-1, R-2, R-3. However, this shall not permit Medical Marijuana Dispensaries as a Home Occupation." SECTION 14. EFFECTIVE DATE. Pursuant to Government Code Section 36937, this Ordinance is designed to protect the health, safety and welfare of the citizens of the City of Arcadia and becomes effective immediately upon adoption by a four fifths (4/5) vote of the City Council. The City Council hereby finds that there is an urgent need to adopt these regulations in order to eliminate the current and immediate threats set forth above. SECTION 15. ENVIRONMENTAL DETERMINATION. A. Pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines (Chapter 3 of Title 14 of the California Code of Regulations), the City staff determined that there is no possibility that the adoption of this ordinance will have a significant effect on the environment. The City staff bases its determination on the fact that this amendment to the City's Code will impose greater limitations on development in the City, and will thereby serve to reduce potentially significant adverse environmental impacts. It is therefore exempt from California Environmental Quality Act review pursuant to Title 14, Section 15061(b)(3) of the California Code of Regulations. 12 B. The City Council has reviewed City staff's determination and, based on the whole record before it, finds that there is no substantial evidence that the project will have a significant effect on the environment. The City Council further finds that this determination of exemption reflects the independent judgment and analysis of the City Council. City staff is hereby directed to file with the County Clerk a notice of exemption within five (5) working days of the adoption of this Ordinance. SECTION 16. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. SECTION 17. The City Clerk shall certify the adoption of this Urgency Ordinance and shall cause a copy of the same to be published in the official newspaper of the City of Arcadia within fifteen (15) days after its adoption. This Urgency Ordinance shall take effect immediately upon its adoption. [SIGNATURES ON NEXT PAGE] 13 Passed, approved and adopted this day of , 2009. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 14 ORDINANCE NO. 2262 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING CERTAIN SECTIONS OF ARTICLE VI (BUSINESSES, PROFESSIONS, TRADES AND OCCUPATIONS) AND ARTICLE IX (DIVISION AND USE OF LAND) OF THE ARCADIA MUNICIPAL CODE TO PROHIBIT THE ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES AND OTHER BUSINESSES AND USES PROHIBITED BY LOCAL, STATE OR FEDERAL LAW WHEREAS, on November 5, 1996 the voters of the state of California approved Proposition 215, which enacted the Compassionate Use Act of 1996, codified at California Health and Safety Code Section 11362.5. The Compassionate Use Act permits possession and cultivation of marijuana for certain medical purposes under limited and specified circumstances; and WHEREAS, in 2003 the California Legislature enacted Senate Bill 420 ("SB 420"), which added Article 2.5 ("Medical Marijuana Program") to Division 10, Chapter 3, of the California Health and Safety Code, to clarify the scope of the Compassionate Use Act of 1996. SB 420 created a state approved voluntary medical marijuana identification card program established the quantity of marijuana that a qualified patient or primary caregiver may possess, and provided for additional immunities from state criminal marijuana laws. SB 420 also allows cities and other governing bodies to adopt and enforce rules and regulations consistent with SB 420; and WHEREAS, the Medical Marijuana Program does not authorize medical marijuana dispensaries and does not require local governments to authorize medical marijuana dispensaries; and 1 WHEREAS, nothing in either the Compassionate Use Act or the Medical Marijuana Program contains an affirmative mandate that cities allow or permit medical marijuana dispensaries within their city limits; and WHEREAS, the Federal Controlled Substances Act (21 USC §§801, et seq.) classifies marijuana as a "Schedule I Drug," which is defined as a drug or other substance that has a high potential for abuse, that has no currently accepted medical use in treatment in the United States, and that has not been accepted as safe for its use under medical supervision; and WHEREAS, Section 841 the Controlled Substances Act (21 USC §841) makes it unlawful for any person to cultivate, manufacture, distribute or dispense, or possess with intent to manufacture, distribute or dispense marijuana. The Controlled Substances Act contains no statutory exemption for the possession of marijuana for medical purposes; and WHEREAS, the United States Supreme Court, in Gonzales v. Raich, 545 U.S. 1 (2005), confirmed the validity of the Federal prohibition of marijuana cultivation, sale and distribution and the application of Federal Law in California, notwithstanding the possible medicinal uses of marijuana and the limited authorization for sale and distribution of marijuana created by California state law, noting that California's system of limited decriminalization for medical marijuana is susceptible to abuse, and confirmed that California's medical marijuana laws are superseded by Federal Law to the extent that they conflict with Federal Law; and WHEREAS, the United States Supreme Court, in United States v. Oakland Cannabis Buyers' Cooperative, 532 U.S. 483 (2001), concluded that there is no exemption for medical necessity from the Federal Law prohibition on the sale and distribution of marijuana; and 2 WHEREAS, on September 16, 2008, the City Council of the City of Arcadia enacted Ordinance No. 2248, a forty-five day interim moratorium on the establishment of medical marijuana dispensaries in the City of Arcadia; and WHEREAS, pursuant to Government Code Sections 65090 and 65858, on October 21, 2008, the City Council conducted a public hearing to consider extending the interim moratorium on the establishment of medical marijuana dispensaries, received and considered oral and documentary evidence on this issue, and adopted Ordinance No. 2249, extending the Moratorium for an additional 10 months and 15 days; and WHEREAS, the interim moratorium is set to expire on September 16, 2009; and WHEREAS, following the adoption of the interim moratorium established by Ordinance No. 2248, as extended by Ordinance No. 2249, the City Council, the City Attorney's Office, and City Staff, with input from the City Police Department and other law enforcement professionals, have studied the public health and safety issues relating to, and adverse secondary effects associated with, the operation of medical marijuana dispensaries and the zoning, regulation or control of medical marijuana dispensaries; and WHEREAS, during the interim moratorium, City Planning staff, working in conjunction with the City Attorney's office, also reviewed the ordinances and reported the regulatory experiences of several California cities with a long and documented history of public health and safety problems and adverse secondary effects associated with the operation of medical marijuana dispensaries; and WHEREAS, other cities with medical marijuana dispensaries have reported an increase in pedestrian and vehicular traffic and noise, increased loitering around dispensary locations, 3 increased incidents of burglary, and increased complaints from neighbors regarding operation of the dispensaries; and WHEREAS, other California cities that have permitted the establishment of medical marijuana dispensaries have also experienced an increase in crime, such as burglary, robbery and sale of illegal drugs in the areas immediately surrounding such dispensaries; and WHEREAS, the California Police Chiefs Association has compiled an extensive report detailing a number of the negative secondary effects associated with medical marijuana dispensaries; and WHEREAS, medical marijuana dispensaries negatively impact the health, safety and welfare of the community because of the potential for increases in illegal drug use and sales, robbery of dispensaries and dispensary operators, employees and clients; loitering, falsely obtained identification cards, and other increases in criminal activity related to the operation of medical marijuana dispensaries; and WHEREAS, California Health and Safety Code Section 11362.5(b)(2) expressly provides that nothing in the Compassionate Use Act shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, nor to condone the diversion of marijuana for non-medical purposes; and WHEREAS, persons residing in City of Arcadia who are entitled to possess and use medical marijuana under the Compassionate Use Act have adequate access to dispensaries within other areas of Los Angeles County which provide medical marijuana to qualified patients; and WHEREAS, after studying various alternatives for the regulation of medical marijuana dispensaries, considering testimony from members of the public, and reviewing the legal status of medical marijuana dispensaries under applicable law, the City Council finds that adoption of a 4 ban on the establishment and operation of medical marijuana dispensaries is necessary to protect the public health, safety, and welfare; and WHEREAS, the City Council wishes to allow various and diverse uses of land, operations and businesses within the City of Arcadia; and WHEREAS, the City Council recognizes that certain uses of land, operations and businesses may be prohibited under state law or Federal law; and WHEREAS, the City Council wishes to ensure that all uses, operations and businesses within the City are permitted under both state and federal law, in order to protect the health and welfare of residents of and visitors to Arcadia; and WHEREAS, existing City ordinances and regulations, other than the interim moratorium established by Ordinance No. 2248 and extended by Ordinance No. 2249, do not expressly address the zoning regulation or control of medical marijuana dispensaries; and WHEREAS, there are currently no existing medical marijuana dispensaries in the City; and WHEREAS, on July 28, 2009, pursuant to Government Code Sections 65854 and 65855, the Planning Commission of the City of Arcadia conducted a duly noticed public hearing and recommended that the City Council amend the Arcadia Municipal Code by amending various sections of Articles VI and IX to prohibit in all zones medical marijuana dispensaries and other uses that are illegal under either state or federal law; and WHEREAS, the Planning Commission based its recommendation to adopt the amendment on the findings set forth above and a finding that adoption of the amendment is exempt from compliance with the California Environmental Quality Act; and 5 WHEREAS, on August 18, 2009, pursuant to Government Code Section 65866, the City Council held a duly noticed public hearing at which all persons wishing to testify in connection with the amendment were heard and the amendment was comprehensively reviewed. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. FINDINGS. The findings set forth in the recitals above are hereby adopted by the City Council and are incorporated by reference into this Ordinance. SECTION 2. Section 6153 of Article VI of the Arcadia Municipal Code (Business Permit & License Review Board) is hereby amended to read as follows: "6153. STANDARDS. The Board may refuse to approve the issuance of a permit whenever in its reasonable judgment such issuance will be materially detrimental to the public health, morals, safety or general welfare. A permit may be refused if it is determined that the applicant or applicant's agents have, in the conduct of the same or any similar business, activity, or enterprise, been guilty of fraud, misrepresentation or conduct detrimental to the public welfare which includes operations or activities that do not comport with the peace, health, safety and convenience of the public such as (a) operation of a business prohibited by local, federal or state law (b) allowance of activities that are or become a public nuisance which includes the disruptive conduct of business patrons whether on or immediately off the premises where such patrons disturb the peace, obstruct traffic, damage property, engage in criminal conduct, violate the law and otherwise impair the free enjoyment of life and property." SECTION 3. Section 6212.1 of Article VI of the Arcadia Municipal Code (License Issuance) is hereby amended to read as follows: 6 "6212.1. SAME. VIOLATIONS NOT AUTHORIZED. Neither the payment of a license fee required by the provisions of this Chapter, nor its acceptance by the City and the issuance of the license to any person, shall entitle the holder thereof to continue or carry on any business in or on any building or premises designated in such license in the event that such building or premises are situated in a zone or locality in which the conduct of such business is in violation of any law (whether federal, state or local) or provision of this Code, nor shall the same authorize the conduct or continuance of any business which for any reason is in violation of any law (whether federal, state or local) or provision of this Code, nor affect or render valid any violation of any zoning regulation of the City, nor authorize the erection of an advertising sign in a residential zone." SECTION 4. Section 6216.6 of Article VI of the Arcadia Municipal Code (Licenses - General Provisions) is hereby amended to read as follows: "6216.6. DENIAL OF LICENSE. Subject to appeal pursuant to Section 6216.8, the License Officer may refuse to issue a license under this Article if it is determined that the applicant or applicant's agents have, in the conduct of the same or any similar business, been guilty of fraud, misrepresentation or conduct detrimental to the public welfare which includes operations or activities that do not comport with the peace, health, safety and convenience of the public such as (a) operation of a business prohibited by local, federal or state law (b) allowance of activities that are or become a public nuisance which includes the disruptive conduct of business patrons whether on or immediately off the premises where such patrons disturb the peace, obstruct traffic, damage property, engage in criminal conduct, violate the law and otherwise impair the free enjoyment of life and property." 7 SECTION 5. Section 6312.2 of Article VI of the Arcadia Municipal Code (Issuance & Denial - New Permits) is hereby amended to read as follows: "6312.2. COUNCIL ACTION. The Council may, after investigation of said application and of said proposed business, grant or refuse to grant a permit therefor. The Council shall have the right to and shall refuse any such permit if it shall find and determine that the granting of the same or the conducting of the business for which a permit is requested will be injurious, detrimental or harmful to the public peace, health, safety, morals or welfare of the City or the inhabitants thereof, or if the application is found to contain false or misleading statements on behalf of or by the applicant. The Council may refuse to issue a permit under this Article if it is determined that the applicant or applicant's agents have, in the conduct of the same or any similar business been guilty of fraud, misrepresentation of conduct detrimental to the public welfare which includes operations of activities that do not comport with the peace, health, safety and convenience of the public such as (a) operation of a business prohibited by local, federal or state law (b) allowance of activities that are or become a public nuisance which includes the disruptive conduct of business patrons whether on or immediately off the premises where such patrons disturb the peace, obstruct traffic, damage property, engage in criminal conduct, violate the law and otherwise impair the free enjoyment of life and property. The action of the Council in granting or refusing a permit shall be final." SECTION 6. Section 6314 of Article VI of the Arcadia Municipal Code (Permits - Suspension & Revocation) is hereby amended to read as follows: 8 "6314. GROUNDS. The Council may revoke any permit issued by it under the provisions of this Chapter upon any ground upon which such permit could or should have been denied in the first instance, or whenever the Council is satisfied that the conduct of any such business does or will in any manner endanger, threaten or jeopardize the public health, safety, morals, peace or welfare or that the same has been conducted in an illegal, improper or disorderly manner or that such permit was obtained upon false or misleading statements or representations of or on behalf of the applicant. The Council may revoke if it is determined that the applicant or applicant's agents have, in the conduct of the same or any similar business, been guilty of fraud, misrepresentation or conduct detrimental to the public welfare which includes operations or activities that do not comport with the peace, health, safety and convenience of the public such as (a) operation of a business prohibited by local, federal or state law (b) allowance of activities that are or become a public nuisance which includes the disruptive conduct of business patrons whether on or immediately off the premises where such patrons disturb the peace, obstruct traffic, damage property, engage in criminal conduct, violate the law and otherwise impair the free enjoyment of life and property." SECTION 7. Section 9213 of Article IX of the Arcadia Municipal Code (Zoning - Omission or Ambiguity) is hereby amended to read as follows: "9213. OMISSION OR AMBIGUITY. If any "use" is for any reason omitted from the lists of those specified as permissible in each of the various zones herein designated, or if ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this Chapter, or if ambiguity exists with reference to matters of height, yard requirements or area requirements as set forth 9 herein and as they may pertain to unforeseen circumstances, it shall be the duty of the Planning Commission to ascertain all pertinent facts concerning said use and by resolution of record set forth its findings and the reasons therefor. Such findings and resolutions shall be referred to the Council and, if approved by the Council, thereafter such interpretation shall govern. Notwithstanding the above, Medical Marijuana Dispensaries that are unlawful under Federal or state law shall not be treated as permitted or conditionally permitted uses in any zone of the City of Arcadia, and shall not be determined to be an "omitted" or "ambiguous" use pursuant to this Section." SECTION 8. Section 9220.45.1.1 is hereby added to Article IX of the Arcadia Municipal Code (Zoning - Definitions) and shall read as follows: "9220.45.1.1 MEDICAL MARIJUANA DISPENSARY. Any facility or location where medical marijuana is made available and/or distributed by or to one or more of the following: a primary caregiver, a qualified patient or a person with an identification card in strict accordance with California Health and Safety Code Section 11362.5 et seq. A "medical marijuana dispensary" shall not include the following uses, as long as the locations of such uses are otherwise regulated by this Code or applicable law: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, a residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code, a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code, a residential hospice or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as such use 10 complies strictly with applicable law including, but not limited to, Health and Safety Code Section 11362.5 et seq." SECTION 9. Paragraph (13) of Section 9260.1.3 of Article IX of the Arcadia Municipal Code (Zoning - Uses permitted in CPD-1 zone) is hereby amended to read as follows: "9260.1.3. PROFESSIONAL OFFICES. Professional offices for the following uses: (13) Pharmacies (not including Medical Marijuana Dispensaries)." SECTION 10. Paragraph (17) of Section 9261.1.2 of Article IX of the Arcadia Municipal Code (Zoning Uses permitted in C-O zone) is hereby amended to read as follows: "9261.1.2. PROFESSIONAL OFFICES. Professional offices for the following uses: (17) Pharmacies for only the filling of prescriptions and the sale of sickroom supplies (not including Medical Marijuana Dispensaries)." SECTION 11. Section 9262.1.13 of Article IX of the Arcadia Municipal Code (Zoning - Uses permitted in C-1 zone) is hereby amended to read as follows: "9262.1.13. SAME. Drugstores (not including Medical Marijuana Dispensaries)." SECTION 12. Paragraph (13) of Section 9264.2.6 of Article IX of the Arcadia Municipal Code (Zoning - Uses permitted in CBD zone) is hereby amended to read as follows: "9264.2.6. RETAIL USES. 13. Drug stores (not including Medical Marijuana Dispensaries);" SECTION 13. Section 9285.6.2.8 of Article IX of the Arcadia Municipal Code (Zoning - Permitted Home Occupations) is hereby amended to read as follows: 11 "9285.6.2.8. SAME. SAME. POTTED PLANTS. R-O, R-M, R-1, R-2, R-3. However, this shall not permit Medical Marijuana Dispensaries as a Horne Occupation." SECTION 14. ENVIRONMENTAL DETERMINATION. A. Pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines (Chapter 3 of Title 14 of the California Code of Regulations), the City staff determined that there is no possibility that the adoption of this ordinance will have a significant effect on the environment. The City staff bases its determination on the fact that this amendment to the City's Code will impose greater limitations on development in the City, and will thereby serve to reduce potentially significant adverse environmental impacts. It is therefore exempt from California Environmental Quality Act review pursuant to Title 14, Section 15061(b)(3) of the California Code of Regulations. B. The City Council has reviewed City staff's determination and, based on the whole record before it, finds that there is no substantial evidence that the project will have a significant effect on the environment. The City Council further finds that this determination of exemption reflects the independent judgment and analysis of the City Council. City staff is hereby directed to file with the County Clerk a notice of exemption within five (5) working days of the adoption of this Ordinance. SECTION 15. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the 12 fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. SECTION 16. The City Clerk shall certify the adoption of this Ordinance and shall cause a copy of the same to be published in the official newspaper of the City of Arcadia within fifteen (15) days after its adoption. This Ordinance shall take effect on the thirty-first (3l') day following its adoption. Passed, approved and adopted this day of , 2009. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: ~r Stephen P. Deitsch City Attorney 13 r"' MINUTES ARCADIA PLANNING COMMISSION Tuesday, July 28, 2009, 7:00 P.M. "•••,..•f~ Arcadia City Council Chambers EXCERPT 1. TEXT AMENDMENT NO. TA 09-03 Citywide Draft ordinances (standard and urgency) to amend certain sections of Article VI (Businesses, Professions, Trades and Occupations) and Article IX (Division and Use of Land) of the Arcadia Municipal Code to prohibit the establishment and operation of medical marijuana dispensaries and other businesses and uses prohibited by local, state or federal law. Chief Sanderson presented the staff report. Commissioner Baderian asked whether other cities have instituted similar ordinances. Chief Sanderson responded that many other cities in California have done ordinances that are banning dispensaries. He said that he did not have a list with him for San Gabriel Valley, but the California Police Association has a list of the cities throughout southern California that do. He said there was an article in the paper today from the Obama Administration, talking about the President's recently appointed drug czar who had a conversation with some residents in Fresno, California, about recent discussions regarding the possibility of legalizing marijuana in California through State Assembly bills. The President's drug czar stated that within the past 10 days, there had been $1.26 billion worth of marijuana plants confiscated and 82 people arrested. The article also stated that from a federal stand point, concurrent with the California Attorney General's opinion, as well as the US Attorney General's opinion, store front medical marijuana dispensaries are nothing more than fronts for drug trafficking organizations and that there is a big movement by the City of Los Angeles and the County of Los Angeles to close these places down. The public hearing was opened. No one spoke in favor or in opposition to this item. MOTION: It was moved by Commissioner Hsu, seconded by Commissioner Baderian to close the public hearing. Without objection the motion was approved. MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Hsu to recommend approval of TA 09-03 to the City Council. ROLL CALL: AYES: Commissioners Baderian, Baerg, Hsu and Parrille NOES: None ABSENT: Commissioner Beranek .`.tFO G~ PRELIlVIINARY EXEMPTION ASSESSMENT S,a44.1 "t(Certificate of Determination When Attached to Notice of Exemption) 1. Name or description of project: Text Amendment No. 09-03 2. Project Location - Identify street address and cross streets or attach a map showing project site (preferably a USGS 15' or 7 1/2' topographical map identified by quadrangle name): Citywide 3. Entity or person undertaking project: A. Public Entity: City of Arcadia - Arcadia Police Department B. Other (Private): (1) Contact Name (2) Contact Address 4. Staff Determination: The City, having undertaken and completed a preliminary review of this project in accordance with the City's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)," has concluded that this project does not require further environmental assessment because: a. ❑ The proposed action does not constitute a project under CEQA. b. ❑ The project is a Ministerial Project. C. ❑ The project is an Emergency Project. d. ❑ The project constitutes a feasibility or planning study. e. ❑ The project is categorically exempt. Applicable Exemption Class: f. ❑ The project is statutorily exempt. Applicable Exemption: g. The project is otherwise exempt on the following basis: 15061(b)(3) - No potential for causing a significant effect on the environment. h. ❑ The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: June 29, 2009 Staff: Jim Kasama Community Development Administrator Preliminary Exemption Assessment\City\2009 FORM "A" po- NOTICE OF EXEMPTION oaG~ff~ TO: Clerk of the Board of Supervisors FROM: City of Arcadia Development Services Department or 240 W. Huntington Drive ❑ County Clerk Arcadia, CA 91007 1. Project Title: Text Amendment No. TA 09-03 2. Project Location - Identify street address and cross streets or attach a map showing project site (preferably a USGS 15' or 7 1/2' topographical map identified by quadrangle name): Citywide 3. (a) Project Location - City: Arcadia (b) Project Location - County: Los Angeles 4. Description of nature, purpose, and beneficiaries of Project: Ordinances to change City regulations to prohibit medical marijuana dispensaries and other businesses and uses prolubited by local, State or federal law. 5. Name of Public Agency approving project: Arcadia City Council 6. Name of Person or Agency carrying out project: City of Arcadia 7. Exempt status: (check one) (a) Ministerial project. (b) Not a project. (c) Emergency Project. (d) Categorical Exemption. State type and class number: (e) Declared Emergency. (f) Statutory Exemption. State Code section number: (g) X Other. Explanation: 15061(b)(3) No potential for causing a significant effect on the environment. 8. Reason why project was exempt: Imposes greater limitations on development. No potential for causing a significant effect on the environment. 9. Contact Person: Jim Kasama Community Development Administrator Telephone: (626) 574-5442 10. Attach Preliminary Exemption Assessment (Form " A") before filing. Date Received for Filing: Sigr a ncy Representative) (Clerk Stamp Here) _ Title Notice of Exemption\City\2009 FORM "B"