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HomeMy WebLinkAboutOrd. No. 2010-1272-UPage 1 of 5 ORDINANCE NO. 1272 AN INTERIM URGENCY ORDINANCE OF THE CITY OF LAKE ELSINORE ENACTED PURSUANT TO GOVERNMENT CODE SECTION 65858 TO EXTEND INTERIM URGENCY ORDINANCE NO. 1268 FOR AN ADDITIONAL 10 MONTHS AND 15 DAYS 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, Section 65858(a) of the California Government Code provides that Ordinance No. 1268 shall expire and be of no further force and effect forty-five (45) days from its date of adoption, or February 5, 2010; and WHEREAS, Section 65858(a) of the California Government Code provides that prior to the expiration of Ordinance No. 1268, the City may extend Ordinance No. 1268 for an additional ten (10) months and fifteen (15) days 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 Council authorized the issuance of 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 No. 1268 since its adoption on December 22, 2009, as required by Government Code Section 65858(d) ("Council Report"); and WHEREAS, based on the Council Report, the City Council has determined that the circumstances and conditions that led to the adoption of Ordinance No. 1268, which are set forth in the recitals of Ordinance No. 1268 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 in Ordinance No. 1268; 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. 1268, to continue studying possible amendments to the 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 Ordinance No. 1272 Page 2 of 5 WHEREAS, the purpose for extending Ordinance No. 1268 is to avoid the potentially significant adverse impacts to the public's health, safety, and welfare described in Ordinance No. 1268; and WHEREAS, the City Council has determined there is a need to extend Ordinance No. 1268 for an additional ten (10) months and fifteen (15) days as authorized under Section 65858(a) of the California Government Code; and WHEREAS, notice and public hearing required by Section 65858(a) of the California Government Code for the extension of Ordinance No. 1268 has been provided. 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. 1268 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. 1268 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. 1268, 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. Ordinance No. 1272 Page 3 of 5 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 land 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. Report. Ten days prior to the expiration of this Ordinance, the City Council shall issue a written report describing the measures which the City has taken to alleviate the conditions which led to the adoption of this Ordinance. SECTION 8. Requisite Vote. This Ordinance shall be adopted by a four-fifths vote of the City Council. SECTION 9. 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 10. Term. The term of this Ordinance shall be in effect beginning February 5, 2010 for ten (10) months and fifteen (15) days 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 11. 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. 1272 Page 5 of 5 STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE I, DEBORA THOMSEN, City Clerk of the City of Lake Elsinore, California, hereby certify that the foregoing urgency Ordinance No. 1.;2- 7.V- was passed at a regular meeting of the City Council of the City of Lake Elsinore held on the 26`h day of January 2010, by the following roll call vote: AYES: /7-ele4 r' , f3hw j ,/tic, c~ cr1~e% ?ylctj~ee. NOES: ABSENT: ABSTAIN: i ,4W,E DEBORA THOMSEN, CMC CITY CLERK Ordinance No. 1272 Page 4 of 5 PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on this 26th day of January 2010. MELISSA A. MELENDEZ, MAYOR CITY OF LAKE ELSINORE ATTEST: DEBORA THOMSEN CITY CLERK APPROVED AS TO FORM: BARBARA LEIBOLD CITY ATTORNEY