HomeMy WebLinkAboutOrd. No. 2010-1288 UORDINANCE NO. 2010 - 1288 -U
AN INTERIM URGENCY ORDINANCE OF THE CITY OF LAKE
ELSINORE ENACTED PURSUANT TO GOVERNMENT CODE
SECTION 65858 TO EXTEND INTERIM URGENCY ORDINANCE NO.
1272 FOR AN ADDITIONAL 12 MONTHS AND CONTINUE FOR THIS
PERIOD THE TEMPORARY PROHIBITION AGAINST
ESTABLISHMENT AND OPERATION OF ALL MARIJUANA
MANUFACTURING ACTIVITIES
WHEREAS, on December 22, 2009, pursuant to Section 65858 of the California
Government Code, the City Council of the City of Lake Elsinore ( "City Council ") adopted
Ordinance No. 1268, an interim urgency ordinance, which temporarily prohibits the
establishment and operation of all Marijuana Manufacturing Activities in all locations in
the City of Lake Elsinore; and
WHEREAS, on January 26, 2010, pursuant to Section 65858 of the California
Government Code, the City Council adopted Ordinance No. 1272, an interim urgency
ordinance, which extended the prohibition on the establishment and operation of all
Marijuana Manufacturing Activities in all locations in the City of Lake Elsinore which
would have otherwise expired under Ordinance No. 1268; and
WHEREAS, pursuant to Section 65858(a) of the California Government Code,
Ordinance No. 1272 shall expire and be of no further force on December 20, 2010; and
WHEREAS, Section 65858(a) of the California Government Code provides that
prior to the expiration of Ordinance No. 1272, the City may extend the above referenced
prohibition on the establishment and operation of all Marijuana Manufacturing Activities
for an additional twelve (12) months after giving notice pursuant to Section 65090 of the
California Government Code and conducting a public hearing; and
WHEREAS, prior to this hearing, the City issued a written report describing the
measures and actions taken by the City to alleviate the circumstances and conditions
that led to the adoption of Ordinance Nos. 1268 and 1272 as required by Government
Code Section 65858(d) (the "Report"); and
WHEREAS, based on the Report, the City Council has determined that the
circumstances and conditions that led to the adoption of Ordinance Nos. 1268 and
1272, which are set forth in the recitals of such Ordinances and are fully incorporated
herein by this reference, have not been alleviated as of the date of this Ordinance and
continue to create the concerns described therein; and
WHEREAS, the City Council now seeks to extend the temporary prohibition on
the establishment and operation of Marijuana Manufacturing Activities, as currently
authorized under Ordinance No. 1272, to continue studying possible amendments to the
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Lake Elsinore General Plan and the City's Zoning Code to help ensure that
Marijuana Manufacturing Activities are regulated in a way that protects the community
and complies with applicable law; and
WHEREAS, the purpose for extending the prohibition on the establishment and
operation of all Marijuana Manufacturing Activities as provided in Ordinance No. 1272 is
to avoid the potentially significant adverse impacts to the public's health, safety, and
welfare; and
WHEREAS, the City Council has determined there is a need to extend the
prohibition on the establishment and operation of all Marijuana Manufacturing Activities
as provided in Ordinance No. 1272 for an additional twelve (12) months as authorized
under Section 65858(a) of the California Government Code; and
WHEREAS, notice and the public hearing required by Section 65858(a) of the
California Government Code has been provided for the proposed extension of the
prohibition on the establishment and operation of all Marijuana Manufacturing Activities
as set forth in Ordinance No. 1272.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and are hereby
incorporated into the body of this Ordinance as substantive findings of the City Council.
SECTION 2. Adoption of this urgency interim ordinance ( "Ordinance ") shall
constitute an extension of Ordinance No. 1272 pursuant to section 65858 of the
California Government Code.
SECTION 3. During the time this Ordinance is in effect, the City shall not issue
any use permit, occupational permit, variance, building permit, or any other entitlement
for use, including but not limited to the issuance of a business license, for the
establishment or operation of Marijuana Manufacturing Activities in the City of Lake
Elsinore.
SECTION 4. For purposes of this Ordinance, "Marijuana Manufacturing
Activities" means any business, operation, cooperative, or collective, engaged in the
growing, packaging, drying, manufacturing, preparing, processing, warehousing,
distribution, sale, and /or related processes of medical marijuana.
SECTION 5. The City Council hereby finds and determines that adoption of this
Ordinance and the extension of Ordinance No. 1272 are 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 in the recitals above, the recitals of Ordinance No.
Ordinance No. 2010 - 1288 -U
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1268 and Ordinance No. 1272, 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:
A. The City continues to study the issue of regulation of Marijuana
Manufacturing Activities.
B. Establishment and /or operation of Marijuana Manufacturing Activities
under existing zoning and development standards will have a detrimental effect
because the existing standards do not consider the unique impact created by Marijuana
Manufacturing Activities, which would create the potential for severe lend use
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 Marijuana Manufacturing
Activities.
SECTION 6. The City Council finds and determines that the adoption of this
Ordinance is not subject to the California Environmental Quality Act (Public Resources
Code Section 21000 et seq.) pursuant to Sections 15061(b), 15262 and 15306 of the
State CEQA Guidelines, 14 California Code of Regulations Section 15000, et seq.,
because it has no potential for resulting in physical change to the environment, directly
or indirectly.
SECTION 7. Requisite Vote. This Ordinance shall be adopted by a four -fifths
vote of the City Council.
SECTION 8. Publication. Upon adoption, the Mayor shall sign this Ordinance,
and the City Clerk shall attest thereto and shall within fifteen (15) days of its adoption
cause it, or a summary of it, to be published in the Press Enterprise, a newspaper of
general circulation, printed, published and circulated in the City of Lake Elsinore.
SECTION 9. Term. The term of this Ordinance shall be in effect beginning
December 20, 2010 for twelve (12) months and shall thereafter be of no further force
and effect, unless either repealed or extended by the City Council as provided for in
Government Cod Section 65858.
SECTION 10. Severability. If any provision of this Ordinance or the application
thereof to any person or circumstance is held invalid, such invalidity shall not affect
other provisions or applications of the Ordinance which can be given effect without the
invalid provision or application, and to this end the provisions of this Ordinance are
severable. The City Council hereby declares that it would have adopted this Ordinance
irrespective of the invalidity of any particular portion thereof.
Ordinance No. 2010- 1288 -U
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council
of the City of Lake Elsinore, California, on this 14th day of December 2010.
MAYOR
CITY OF LAKE ELSINORE
ATTEST:
( 2�- (/
C OL CdWLJEY
CITY CLERK
•• -• • • •-
MAIM
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Ordinance No. 2010 - 1288 -U
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.
CITY OF LAKE ELSINORE )
I, Carol Cowley, City Clerk of the City of Lake Elsinore, California, hereby certify
that the foregoing urgency Ordinance No. 1288 -U was introduced and adopted at a
regular meeting of the City Council of the City of Lake Elsinore held on the 14th day of
December 2010, by the following roll call vote:
AYES: COUNCIL MEMBERS: HICKMAN, MAGEE, TISDALE, MAYOR
PRO TEM BHUTTA AND MAYOR MELENDEZ
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
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