HomeMy WebLinkAboutOrd. No. 2009-1268Page 1 of 6
ORDINANCE NO. 1268
AN INTERIM URGENCY ORDINANCE OF THE CITY OF LAKE
ELSINORE ESTABLISHING A 45-DAY MORATORIUM ON THE
ESTABLISHMENT AND OPERATION OF ALL MARIJUANA
MANUFACTURING ACTIVITIES PURSUANT TO GOVERNMENT CODE
SECTION 65858
WHEREAS, the voters of the State of California approved Proposition 215,
entitled the Compassionate Use Act of 1996 (the "Act"), the intent of which was to
enable persons in need of medical marijuana for medicinal purposes to obtain and use it
under limited specified circumstances; and
WHEREAS, on January 1, 2004, SB 420 went into effect and was enacted to
clarify the scope of the Act, and to allow cities and counties to adopt and enforce rules
and regulations consistent with SB 420 and the Act; and
WHEREAS, there is legal uncertainty between federal laws and California laws
regarding medical marijuana. Several cities and counties have recently filed lawsuits
relating to the validity of the Act in light of the Supreme Court decision, Gonzales v.
Raich, (2005) 125 S.Ct. 2195 (holding that the federal Controlled Substances Act validly
prohibits local cultivation and use of marijuana under all circumstances); and
WHEREAS, General Plan Land Use Objective 1.1 encourages the development
and maintenance of a broad range of housing types, the achievement of which may be
impeded given that the City does not have standards relative to establishment and
operation of Marijuana Manufacturing Activities (defined in Section 3 below) and their
potential effect in residential and mixed-use neighborhoods; and
WHEREAS, General Plan Land Use Objective 1.2 encourages the development
of commercial land uses and the revitalization of existing commercial uses that
strengthen the city's economic base, the achievement of which may be impeded given
the City does not have standards relative to the establishment and operation of
Marijuana Manufacturing Activities that may have the potential to detract from promoting
commercial efforts; and
WHEREAS, General Plan Land Use Objective 1.3 encourages industrial land
uses to diversify Lake Elsinore's economic base, the achievement of which may be
impeded given the City does not have standards relative to the establishment and
operation of Marijuana Manufacturing Activities that may not be compatible with the
diversification of Lake Elsinore's economic base; and
WHEREAS, the City of Lake Elsinore Zoning Ordinance is an implementation
measure of the General Plan which provides zoning criteria for specific uses intended to
carry out the policies and programs of the General Plan; and
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WHEREAS, the Lake Elsinore Zoning Ordinance does not provide specific
development regulations or definitions relative to the establishment and operation of
Marijuana Manufacturing Activities; and
WHEREAS, the City has made a conscientious effort to plan for specific uses
within all zone districts and to anticipate conflicts between competing land uses in order
to protect the public's health, safety and welfare; and
WHEREAS, the City has received several inquiries and one business license
application to establish and operate Marijuana Manufacturing Activities within the City's
corporate boundaries; and
WHEREAS, the establishment and operation of Marijuana Manufacturing
Activities without appropriate rules and regulations could result in the creation of
negative secondary effects such as an increase in crime in the areas immediately
surrounding such activities; and
WHEREAS, for the benefit of applicants and residents of the City alike, it is
critical that appropriate regulations to implement the General Plan Land Use Element
objectives and policies are established within the City's Zoning Ordinance; and
WHEREAS, in order to allow time for the City to consider and study possible
enactment of the implementing regulations, it is necessary to suspend the approval and
issuance of any and all licenses, permits or other entitlements for the establishment
and/or operation of Marijuana Manufacturing Activities; and
WHEREAS, Government Code section 65858 allows the City Council to adopt as
an urgency measure an interim ordinance prohibiting any uses that may be in conflict
with a contemplated zoning proposal that the City Council, the Planning Commission, or
the Community Development Department intends to study within a reasonable time; and
WHEREAS, the adoption of this interim ordinance is exempt from the California
Environmental Quality Act ("CEQA") pursuant to section 15061(b)(3), 15262 and 15306
of the State CEQA Guidelines because it can be seen with certainty that there is no
possibility that such adoption may have a significant effect on the environment; and
because such adoption involves only feasibility and planning studies for possible future
adoption of an ordinance that has not yet been prepared or adopted.
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. The City Council finds and determines as follows
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(a) The adoption of this Ordinance is exempt from the application of 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.; and
(c) The City must protect the character of residential neighborhoods and
promote and encourage commercial and industrial economic diversity under its General
Plan Land Use Element; and
(d) The City cannot ensure that the City's objectives and policies will be
implemented properly without specific development standards in place; and
(e) There exists a current and immediate threat to the public health, safety
and welfare, because proposals received for Marijuana Manufacturing Activities may be
in conflict with the contemplated general plan implementing regulations and
development standard proposals that the City is considering or intends to study within a
reasonable time; and
(f) There is no feasible alternative to enactment of this interim moratorium
that will satisfactorily mitigate or avoid the previously identified impacts to the public
health, safety and welfare with a less burdensome or restrictive effect; and
(g) In order to ensure the effective implementation of the City's land use
objectives and policies, a temporary moratorium on the approval and issuance of any
and all licenses, permits or other entitlements for the establishment and/or operation of
Marijuana Manufacturing Activities is necessary.
SECTION 3. Imposition of Moratorium.
(a) From and after the date of this Ordinance, no use permit, occupational
permit, variance, building permit, or any other entitlement for use, including but not
limited to the issuance of a business license, shall be approved or issued for the
establishment or operation of Marijuana Manufacturing Activities for a period of 45 days.
(b) 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 4. Study. The City Council hereby directs the Community
Development Department to consider and study possible means of regulating Marijuana
Manufacturing Activities, including zoning-based regulations and other regulations.
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SECTION 5. Requisite Vote. The City Council hereby enacts this interim
urgency Ordinance by not less than a four-fifths vote, and in light of the findings set forth
in this Ordinance, under the authority granted to it by Article XI, Section 7 of the
California Constitution and Section 65858(a) of the California Government Code, which
allows the City to adopt an interim urgency ordinance in order to protect the public
safety, health, and welfare, prohibiting any uses that may be in conflict with a zoning
proposal that the City Council, Planning Commission or the Community Development
Department is considering or studying or intends to study within a reasonable time.
SECTION 6. 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.
SECTION 7. Effective Date and Term. This Ordinance shall take effect
immediately upon its execution by the Mayor and certification by the City Clerk, and
shall be in effect for a period of forty-five (45) days (February 5, 2010), unless repealed,
amended or extended by further action of the City Council as provided in Government
Code section 65858.
SECTION 8. Expiration. Ten days prior to the expiration of this interim
ordinance (February 5, 2010) or any extension thereof, the City Council shall issue a
written report describing the measures taken to alleviate the threat to public health,
safety and welfare that led to the adoption of the ordinance.
SECTION 9. Publication. Within 15 days after adoption of this ordinance, the
City Clerk shall cause this ordinance to be published one time in a newspaper of
general circulation within the City.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council
of the City of Lake Elsinore, California, on this 22nd day of December 2009.
MELISSA A. MELENDEZ, MAYOR
CITY OF LAKE ELSINORE
ATTEST:
DEBORA THOMSEN, CMC
CITY CLERK
law
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APPROVED AS TO FORM:
1/ A
Y
BARBA LEIBOLD
CITY ATTORNEY
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STATE OF CALIFORNIA 1
COUNTY OF RIVERSIDE } SS
CITY OF LAKE ELSINORE J
I, DEBORA THOMSEN, City Clerk of the City of Lake Elsinore, California, hereby
certify that the foregoing urgency Ordinance No. 1268 was passed at a regular meeting
of the City Council of the City of Lake Elsinore held on the 22nd day of December 2009,
by the following roll call vote:
AYES: Bhutta, Buckley, Hickman, Magee, Melendez.
NOES: None.
ABSENT: None.
ABSTAIN: None.
DEBORA THOMSEN
CITY CLERK