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Ordinance No. 1163ORDINANCE NO. 1163 AN EMERGENCY ZONING ORDINANCE OF THE CITY OF VERNON PROHIBITING THE ESTABLISHMENT OF MARIJUANA DISPENSARIES, STORES, CO-OPS, OR MARIJUANA CULTIVATION OPERATIONS IN ANY ZONING DISTRICT WITHIN THE CITY BY AMENDING SECTIONS 26.2.9 AND 26.4.1-4, AND ADOPTING FINDINGS OF URGENCY WHEREAS, the City of Vernon is responsible for adopting and implementing land use regulations within its boundaries; and WHEREAS, in 1996, the California voters adopted Proposition 215, the Compassionate Use Act ("Prop 215"), decriminalizing the use of marijuana for medical purposes, which was augmented by the state legislature in 2004 and codified at Section 11362.5 et seq. of the California Health and Safety Code; and WHEREAS, with the expansion of medical marijuana dispensaries in other cities and the recent decision by the City Attorney of Los Angeles to prosecute unlawful dispensaries in neighboring Los Angeles, it is foreseeable that a medical marijuana dispensary or cultivation operation may very soon, seek to establish its business within the boundaries of the City; and WHEREAS, the City Council is concerned that the establishment of medical marijuana dispensaries, stores, co-ops, and marijuana cultivation operations within the City are incompatible with the City's industrial uses, and may cause adverse impacts to the public peace, health, and safety of the City's residents and the general public, and that it is therefore urgent that the City ensure that the establishment, placement and operation of such uses in the City does not lead to any adverse impacts; and WHEREAS, this ordinance is presented as an emergency ordinance pursuant to City Charter Section 4.4, because the above - referenced facts increase the possibility of the immediate development of medical marijuana dispensaries, stores, or co-ops, or cultivation operations within the City, and therefore, it is necessary to immediately make it explicit that such uses are prohibited by the City's Zoning Ordinance, for the immediate preservation of the public peace, health, and safety. THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: SECTION 1: Prohibition on Marijuana Dispensaries, Stores, Co-ops, and Cultivation Operations. The City Council of the City of Vernon hereby amends section 26.2-9 of the City's Zoning Ordinance by adding a definition of marijuana dispensary, store, co-op, or cultivation operation, in alphabetical order, and amends section 26.4.1-4 of the City's Zoning Ordinance by prohibiting such use in any Zone or Overlay Zone of the City, as set forth in Exhibit A, which is attached hereto and incorporated by this reference. SECTION 2: No Conflict with State Law. This emergency ordinance amending sections 26.2-9 and 26.4.1-4 of the City's Zoning Ordinance shall in no way limit a qualified individual's right to possess, use, or cultivate marijuana for his or her own medicinal purposes to the extent lawfully authorized by the laws of the State of California as set forth in the applicable provisions of the Health and Safety Code. SECTION 3: CEQA Compliance. The City Council hereby finds that it can be seen with certainty that this emergency ordinance amending sections 26.2-9 and 26.4.1-4 of the City's Zoning Ordinance -2- has no likelihood of causing a significant negative effect on the environment and accordingly both the City Council's action of adopting this ordinance and the effects derivative from that adoption are found to be exempt from the application of the California Environmental Quality Act of 1970, as amended, pursuant to Section 15061(b)(3) of the State CEQA Guidelines (Title 14 C.C.R. 15061(b)(3)). This finding is premised on the fact that the adoption of this urgency ordinance will maintain the current environmental conditions arising from the current land use regulatory structure as adopted by the City. SECTION 4: Authority. The City Council adopts this emergency zoning ordinance, effective immediately, prohibiting the establishment of any marijuana dispensary, store, co-op, or cultivation operation, as defined herein, in any zoning district of the City pursuant to the authority set forth in City Charter Section 4.4. SECTION 5: Findings. The City of Vernon is responsible for adopting and implementing land use regulations within its boundaries. As an industrial city, the City's General Plan Policy LU-1.2 limits the permitting of non -industrial uses, such as commercial and retail uses, to those that are necessary to support the City's industry and its employees. The establishment of medical marijuana dispensaries, stores, co-ops, or cultivation operations would not support the City's industry and would be inconsistent with this General Plan Policy LU- 1.2. This is so, because many of the individuals that work in Vernon operate heavy equipment, and if they were under the influence of marijuana, they could potentially endanger themselves, co-workers, or the public. Thus, the potential consumption of marijuana prior to or during work hours could create a industrial safety concern in Vernon. -3- As such, the establishment of medical marijuana dispensaries, stores, co-ops, or cultivation operations in the City would threaten the public peace, health, and safety of the community. Further, adjacent cities' recent enforcement and regulation of dispensaries, including the City of Los Angeles' recent enforcement, threatens the immediate preservation of this public peace, health, and safety because it may lead to an increased interest by these dispensaries to open in the City of Vernon, thereby creating an immediate threat. Based on the foregoing, the City Council hereby finds that there exists an immediate threat to the preservation of public peace, health and safety requiring this emergency ordinance to prohibit marijuana dispensaries, stores, co-ops, and cultivation operations pursuant to City Charter Section 4.4. Pursuant to Section 26.6.4-4 of the City' zoning ordinance, the foregoing also serves as the facts and reasons, which in the opinion of the City Council, make the approval of the amendment necessary to carry out the general purpose of the City's zoning ordinance that limits land uses in the City to those that are industrial and that serve industry. The City Council of the City of Vernon hereby passes this ordinance by a majority vote of the City Council. Accordingly, this measure is adopted immediately upon introduction pursuant to City Charter Section 4.4. SECTION 6: Severability. If any chapter, article, section, subsection, subdivision, paragraph, sentence, clause, phrase, or word in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part ae thereof. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more chapters, articles, sections, subsections, subdivisions, paragraphs, sentences, clauses, phrases or words be declared unconstitutional, or invalid, or ineffective. SECTION 7: Book of Ordinances. The City Clerk shall attest and certify to the adoption of this Ordinance and shall cause this Ordinance and the City Clerk's certification to be entered in the Book of Ordinances of the Council of this City. The City Clerk shall cause this ordinance to be published or posted as required by law. SECTION 6: This Ordinance shall go into effect and be in full force and effect immediately upon adoption. APPROVED AND ADOPTED this 20`h day of September, 2011. ATTE Willard G. Yzfmagd(i Ihi, IC;Ity Clerk k� i Name: Hilario Gonzales Title: Mayor / ro- em -5- STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Willard Yamaguchi, City Clerk of the City of Vernon, do hereby certify that the foregoing Ordinance, being Ordinance No. 1163, was duly and regularly introduced at a meeting of the City Council of the City of Vernon, held in the City of Vernon on Monday, January 4, 2010, and thereafter adopted at a meeting of said City Council held on Tuesday, September 20, 2011, by the following vote: AYES: Councilmembers: Mayor Gonzales, Davis, Maisano, McCormick, Newmire NOES: Councilmembers: None ABSENT: Councilmembers: None and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this as (SEAL) day of September, 2011, at Vernon, California. City Clerk EXHIBIT A EXHIBIT "A" CHAPTER 26. ZONING. Article II. Definitions. Sec. 26.2.9 Definitions (M-O). Marijuana dispensary, store, co-op, or cultivation operation shall mean and include any location, structure, facility, residence, or similar to the same used, in full or in part, as a place at or in which marijuana is sold, traded, exchanged, bartered for in any way, made available, located, stored, placed, planted, cultivated, or processed, including any of the foregoing if used in connection with the delivery of marijuana. Article IV. . Zones, Permitted Uses, Development Standards, and Site Planning Standards Sec. 26.4.1-4 Uses That Are Prohibited or Limited (a) No motel, hotel, trailer, or trailer park is permitted in any zone or overlay zone. The provisions of this section do not apply to portable units which (1) have been acknowledged in writing by the owner or user to be units that are to be used temporarily and solely in connection with a construction project on the same lot by persons who have a separate existing, permanent residence (2) have received written approval from the director of community services for such temporary usage, and (3) are not used for bathing or sleeping. The provisions of this section do not apply to trailers used solely to move goods (b) No Marijuana dispensary, store, co-op, or cultivation operation is permitted in any zone or overlay zone. A-2 CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: September 21, 2011 TO: Kevin Wilson, Director of Community Services. & Water FROM: Willard Yamaguchi, City Clerk RE: Ordinance No. 1163 — An Emergency Zoning Ordinance of the City of Vernon Prohibiting the Establishment of Marijuana Dispensaries, Stores, Co-Ops, or Marijuana Cultivation Operations in Any Zoning District Within the City By Amending Section 26.2.9 and 26.4.1- 4, and Adopting Findings of Urgency Transmitted herewith is a copy of Ordinance No. 1163 referenced above, which was approved by City Council on September 20, 2011. Thank you. WY:dj c: Ana Barcia Martha Valenzuela Ordinance No. 1163 Page 1 of 1 Juarez, Debbie From: Barcia, Ana Sent: Tuesday, September 13, 2011 12:14 PM To: 'Bianca @ Eastern Group' Cc: Yamaguchi, Willard; Enomoto, Kristen; Juarez, Debbie Subject: 09-15-11 Publication Attachments: First Summary for all Ordinances.doc Hello Bianca, Please include the attached Summary of Ordinances in the September 15, 2011, publication. Please respond to this email confirming receipt. You may forward the invoice to my attention. Thank you, Ana Barcia City of Vernon T: 323) 583-8811 ex 286 F: 323) 826-1439 abarcia@ci.vernon.ca.us CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the sender. Please destroy the original transmission and its attachments without reading or saving in any manner. 9/13/2011 CITY OF VERNON CITY COUNCIL MEETING SEPTEMBER 20, 2011 SUMMARY FOR ORDINANCE NOS. 1160 — 1167, 1169 —1181 AND 1183 A CERTIFIED COPY OF THE FULL TEXT OF PROPOSED ORDINANCE NOS. 1160 — 1167, 1169 — 1181 AND 1183 ARE AVAILABLE IN THE OFFICE OF THE CITY CLERK LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA. On September 20, 2011, the City Council of the City of Vernon is proposing to adopt Ordinance Nos. 1160 — 1167, 1169 —1181 and 1183 amending certain provisions of the Vernon City Code as follows: Ordinance No. 1160 was duly introduced at a regular meeting of the City Council of the City of Vernon held on October 26, 2009. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1160 amending Sections 13.48 to 13.73 and adding Section 13.74 to Article IV, Hazardous Materials Monitoring Program, of Chapter 13, Health and Sanitation, of the Vernon City Code as follows: 1. To change the title of Article IV of Chapter 13 to Hazardous Materials Monitoring and Control Program; 2. To update and clarify definitions and other provisions in accordance with State hazardous material laws, regulations and regulatory options; 3. To renumber the following sections: Section 13.55 to 13.57, Section 13.57 to 13.55, Section 13.72 to 13.73 and Section 13.73 to 13.74; and 4. To add a section regarding unlawful hazardous materials management. Ordinance No. 1161 was duly introduced at a regular meeting of the City Council of the City of Vernon held on October 19, 2009. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1161 adopting by reference the Department of Water Resources State Model Landscaping Ordinance, amending Sections 25.100, 25.101, 25.102, 25.103, 25.104, 25.105, 25.106(b), 25.107(a) and adding Section 25.112 to Article VI, Water Conservation of Chapter 25, Water, of the Vernon City Code as follows: 1. To meet the requirements of the Metropolitan Water District Model Efficient Landscape Ordinance; and 2. To add a section regarding the Department of Water Resources State Model Efficient Landscape Ordinance. Ordinance No. 1162 was duly introduced at a regular meeting of the City Council of the City of Vernon held on October 26, 2009. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1162 amending Sections Article XIV of Chapter 2 of the Vernon City Code relating to the recall of Members of the City Council. Ordinance No. 1163 was duly introduced at a regular meeting of the City Council of the City of Vernon held on January 4, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1163, an Emergency Zoning Ordinance prohibiting the establishment of marijuana dispensaries, stores, co-ops, or marijuana cultivation operations in any zoning district within the City by amending Sections 26.2.9 and 26.4.1- 4, of the Vernon City Code as follows: 1. To add a definition of marijuana dispensary, store, co-op, or cultivation operation; and 2. To prohibit the use in any Zone or Overlay Zone of the City. Ordinance No. 1164 was duly introduced at a regular meeting of the City Council of the City of Vernon held on January 4, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1164, a zoning ordinance prohibiting the establishment of marijuana dispensaries, stores, co-ops, or marijuana cultivation operations in any zoning district within the City by amending Sections 26.2.9 and 26.4.1-4, of the Vernon City Code as follows: 1. To add a definition of marijuana dispensary, store, co-op, or cultivation operation; and 2. To prohibit the use in any Zone or Overlay Zone of the City. Ordinance No. 1165 was duly introduced at a regular meeting of the City Council of the City of Vernon held on January 4, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1165 amending Chapter 2 of the Code of the City of Vernon, relating to City Council elections to implement campaign finance regulations. Ordinance No. 1166 was duly introduced at a regular meeting of the City Council of the City of Vernon held on February 1, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1166 temporarily suspending acceptance and review of non-exclusive solid waste franchise agreement applications. Ordinance No. 1167 was duly introduced at a regular meeting of the City Council of the City of Vernon held on February 1, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1167 amending Chapter 2 of the Code of the City of Vernon, relating to City Council elections and the appointment of Council members in uncontested elections. Ordinance No. 1169 was duly introduced at a regular meeting of the City Council of the City of Vernon held on June 7, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1169 abolishing the Police and Fire Commission. Ordinance No. 1170 was duly introduced at a regular meeting of the City Council of the City of Vernon held on June 7, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1170 repealing Section 7.3 of the Vernon City Code authorizing the delegation of enforcement responsibilities for certain provisions of the Fire Code and other Fire Safety Regulations. Ordinance No. 1171 was duly introduced at a regular meeting of the City Council of the City of Vernon held on June 7, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1171 adding Section 13.88 to the Vernon City Code to establish fees and charges pursuant to the aboveground petroleum storage act. Ordinance No. 1172 was duly introduced at a regular meeting of the City Council of the City of Vernon held on June 14, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1172 amending Sections 2.34, 2.35, 2.36, 2.37 and 2.39 of Article V, Public Librarv, of Chapter 2, Administration, of the Vernon City Code as follows: Establishing a Board of Library Trustees; composition; appointment of members; and 2. Appointing the Mayor as president and the Mayor pro tempore as president pro tempore of the Board of Library Trustees. Ordinance No. 1173 was duly introduced at a regular meeting of the City Council of the City of Vernon held on July 19, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1173 amending the Vernon City Code to authorize the Fire Chief to report directly to the City Council and defining the term "reporting to the City Council." Ordinance No. 1174 was duly introduced at a regular meeting of the City Council of the City of Vernon held on August 2, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1174 amending the Vernon City Code to clarify that the City Council appoints the purchasing agent. Ordinance No. 1175 was duly introduced at a regular meeting of the City Council of the City of Vernon held on March 1, 2011. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1175 establishing a three-year restriction on cutting of newly paved or resurfaced streets and amending the Vernon City Code regarding deposits, surety bonds and liability insurance for encroachment permits and licenses. Ordinance No. 1176 was duly introduced at a regular meeting of the City Council of the City of Vernon held on November 1, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1176 amending Chapter 24, building and construction, of the Code of the City of Vernon; adopting by reference (1) the 2010 California Building Code; (2) the 2010 California Electrical Code, and the 2006 edition of the ICC Electrical Code administrative provisions; (3) the 2010 California Mechanical Code; (4) the 2010 California Plumbing Code; (5) the 2010 California Existing Building Code; (6) the 2009 International Existing Building Code; (7) the 2010 California Residential Code; (8) the 2010 California Green Building Standards Code; and (9) the 2010 California Energy Code, including amendments, additions and deletions, and repealing all ordinances and parts of ordinances in conflict therewith. Ordinance No. 1177 was duly introduced at a regular meeting of the City Council of the City of Vernon held on November 1, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1177 amending Chapter 7, fire regulation, of the Code of the City of Vernon; adopting by reference the 2010 California Fire Code including amendments, additions and deletions, and repealing all ordinances and parts of ordinances in conflict therewith. Ordinance No. 1178 was duly introduced at a regular meeting of the City Council of the City of Vernon held on November 15, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1178 extending the existing time limits for the effectiveness of and the receipt of tax increment for the industrial redevelopment project. Ordinance No. 1179 was duly introduced at a regular meeting of the City Council of the City of Vernon held on November 15, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1179 eliminating the existing time limits on incurring debt for the first amended industrial redevelopment project. Ordinance No. 1186 was duly introduced at a regular meeting of the City Council of the City of Vernon held on December 6, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1180 amending section 2.1 of the Vernon City Code relating to the time and place of City Council meetings. Ordinance No. 1181 was duly introduced at a regular meeting of the City Council of the City of Vernon held on December 6, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1181 extending the existing time limits for commencement of eminent domain proceedings to acquire property within the industrial redevelopment project. Ordinance No. 1183 was duly introduced at a regular meeting of the City Council of the City of Vernon held on May 26, 2011. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1183 establishing a Housing Commission pursuant to the provisions of the City Charter of the City of Vernon and specifying the membership and duties of the Housing Commission. Willard G. Yamaguchi, City Clerk of the City of Vernon, does hereby certify that Ordinance Nos. 1160 — 1167, 1169 —1181 and 1183 were duly introduced to the City Council of the City of Vernon at a regular meeting and said Ordinances are.scheduled to be approved and adopted at a regular meeting of the City Council to be held on September 20, 2011. Dated: Willard G. Yamaguchi, City Clerk CITY OF VERNON CITY COUNCIL MEETING SEPTEMBER 20, 2011 SUMMARY FOR ORDINANCE NOS. 1160 —1167, 1169 —1181 AND 1183 A CERTIFIED COPY OF THE FULL TEXT OF ADOPTED ORDINANCE NOS. 1160 — 1167, 1169 — 1181 AND 1183 ARE AVAILABLE IN THE OFFICE OF THE CITY CLERK LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA. Ordinance Nos. 1160 —1167, 1169 — 1181 and 1183 were duly introduced at a regular meeting of the City Council of the City of Vernon and approved and adopted by said Council at a regular meeting held on September 20, 2011. On September 20, 2011, the City Council of the City of Vernon adopted Ordinance Nos. 1160 —1167, 1169 —1181 and 1183 amending certain provisions of the Vernon City Code as follows: Ordinance No. 1160 was adopted by the City Council of the City of Vernon amending Sections 13.48 to 13.73 and adding Section 13.74 to Article IV, Hazardous Materials Monitoring Program, of Chapter 13, Health and Sanitation, of the Vernon City Code as follows: 1. To change the title of Article IV of Chapter 13 to Hazardous Materials Monitoring and Control Program; 2. To update and clarify definitions and other provisions in accordance with State hazardous material laws, regulations and regulatory options; 3. To renumber the following sections: Section 13.55 to 13.57, Section 13.57 to 13.55, Section 13.72 to 13.73 and Section 13.73 to 13.74; and 4. To add a section regarding unlawful hazardous materials management. Ordinance No. 1161 was adopted by the City Council of the City of Vernon adopting by reference the Department of Water Resources State Model Landscaping Ordinance, amending Sections 25.100, 25.101, 25.102, 25.103, 25.104, 25.105, 25.106(b), 25.107(a) and adding Section 25.112 to Article VI, Water Conservation of Chapter 25, Water, of the Vernon City Code as follows: 1. To meet the requirements of the Metropolitan Water District Model Efficient Landscape Ordinance; and 2. To add a section regarding the Department of Water Resources State Model Efficient Landscape Ordinance. Ordinance No. 1162 was adopted by the City Council of the City of Vernon amending Article XIV of Chapter 2 of the Vernon City Code relating to the recall of Members of the City Council. Ordinance No. 1163, an emergency Zoning Ordinance, was adopted by the City Council of the City of Vernon prohibiting the establishment of marijuana dispensaries, stores, co- ops, or marijuana cultivation operations in any zoning district within the City by amending Sections 26.2.9 and 26.4.1-4, of the Vernon City Code as follows: I. To add a definition of marijuana dispensary, store, co-op, or cultivation operation; and 2. To prohibit the use in any Zone or Overlay Zone of the City. Ordinance No. 1164, a zoning ordinance, was adopted by the City Council of the City of Vernon prohibiting the establishment of marijuana dispensaries, stores, co-ops, or marijuana cultivation operations in any zoning district within the City by amending Sections 26.2.9 and 26.4.1-4, of the Vernon City Code as follows: 1. To add a definition of marijuana dispensary, store, co-op, or cultivation operation; and 2. To prohibit the use in any Zone or Overlay Zone of the City. Ordinance No.1165 was adopted by the City Council of the City of Vernon amending Chapter 2 of the Code of the City of Vernon, relating to City Council elections to implement campaign finance regulations. Ordinance No. 1166 was adopted by the City Council of the City of Vernon temporarily suspending acceptance and review of non-exclusive solid waste franchise agreement applications. Ordinance No. 1167 was adopted by the City Council of the City of Vernon amending Chapter 2 of the Code of the City of Vernon, relating to City Council elections and the appointment of Council members in uncontested elections. Ordinance No. 1169 was adopted by the City Council of the City of Vernon abolishing the Police and Fire Commission. Ordinance No. 1170 was adopted by the City Council of the City.of Vernon repealing Section 7.3 of the Vernon City Code authorizing the delegation of enforcement responsibilities for certain provisions of the Fire Code and other Fire Safety Regulations. Ordinance No. 1171 was adopted by the City Council of the City of Vernon adding Section 13.88 to the Vernon City Code to establish fees and charges pursuant to the aboveground petroleum storage act. Ordinance No. 1172 was adopted by the City Council of the City of Vernon amending Sections 2.34, 2.35, 2.36, 2.37 and 2.39 of Article V, Public Library, of Chapter 2, Administration, of the Vernon City Code as follows: 1. Establishing a Board of Library Trustees; composition; appointment of members; and 2. Appointing the Mayor as president and the Mayor pro tempore as president pro tempore of the Board of Library Trustees. Ordinance No. 1173 was adopted by the City Council of the City of Vernon amending the Vernon City Code to authorize the Fire Chief to report directly to the City Council and defining the term "reporting to the City Council." Ordinance No. 1174 was adopted by the City Council of the City. of Vernon amending the Vernon City Code to clarify that the City Council appoints the purchasing agent. Ordinance No. 1175 was adopted by the City Council of the City of Vernon establishing a three-year restriction on cutting of newly paved or resurfaced streets and amending the Vernon City Code regarding deposits, surety bonds and liability insurance for encroachment permits and licenses. Ordinance No. 1176 was adopted by the City Council of the City of Vernon amending Chapter 24, building and construction, of the Code of the City of Vernon; adopting by reference (1) the 2010 California Building Code; (2) the 2010 California Electrical Code, and the 2006 edition of the ICC Electrical Code administrative provisions; (3) the 2010 California Mechanical Code; (4) the 2010 California Plumbing Code; (5) the 2010 California Existing Building Code; (6) the 2009 International Existing Building Code; (7) the 2010 California Residential Code; (8) the 2010 California Green Building Standards Code; and (9) the 2010 California Energy Code, including amendments, additions and deletions, and repealing all ordinances and parts of ordinances in conflict therewith. Ordinance No. 1177 was adopted by the City Council of the City of Vernon amending Chapter 7, fire regulation, of the Code of the City of Vernon; adopting by reference the 2010 California Fire Code including amendments, additions and deletions, and repealing all ordinances and parts of ordinances in conflict therewith. Ordinance No. 1178 was adopted by the City Council of the City of Vernon extending the existing time limits for the effectiveness of and the receipt of tax increment for the industrial redevelopment project. Ordinance No. 1179 was adopted by the City Council of the City of Vernon eliminating the existing time limits on incurring debt for the first amended industrial redevelopment project. Ordinance No. 1180 was adopted by the City Council of the City of Vernon amending section 2.1 of the Vernon City Code relating to the time and place of City Council meetings. Ordinance No. 1181 was adopted by the City Council of the City of Vernon extending the existing time limits for commencement of eminent domain proceedings to acquire property within the industrial redevelopment project. Ordinance No. 1183 was adopted by the City Council of the City of Vernon establishing a Housing Commission pursuant to the provisions of the City Charter of the City of Vernon and specifying the membership and duties of the Housing Commission. Willard G. Yamaguchi, City Clerk of the City of Vernon, does hereby certify that Ordinance Nos. 1160 — 1167, 1169 —1181 and 1183 were duly introduced and approved by the City Council of the City of Vernon at a regular meeting and adopted and passed by said Council at a regular meeting held on September 20, 2011 by the following roll call vote: AYES: COUNCILMEMBERS: Mayor Gonzales, Davis, McCormick, Maisano, Newmire NOES: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None Dated: September 20, 2011 Willard G. Yamaguchi, City Clerk CITY OF VERNON CITY COUNCIL MEETING SEPTEMBER 20, 2011 SUMMARY FOR ORDINANCE NOS. 1160 —1167, 1169 — 1181 AND 1183 A CERTIFIED COPY OF THE FULL TEXT OF PROPOSED ORDINANCE NOS. 1160 —1167, 1169 —1181 AND 1183 ARE AVAILABLE IN THE OFFICE OF THE CITY CLERK LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA. On September 20, 2011, the City Council of the City of Vernon is proposing to adopt Ordinance Nos. 1160 — 1167, 1169 —1181 and 1183 amending certain provisions of the Vernon City Code as follows: Ordinance No. 1160 was duly introduced at a regular meeting of the City Council of the City of Vernon held on October 26, 2009. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1160 amending Sections 13.48 to 13.73 and adding Section 13.74 to Article IV, Hazardous Materials Monitoriniz Program, of Chapter 13, Health and Sanitation, of the Vernon City Code as follows: 1. To change the title of Article IV of Chapter 13 to Hazardous Materials Monitoring and Control Program; 2. To update and clarify definitions and other provisions in accordance with State hazardous material laws, regulations and regulatory options; 3. To renumber the following sections: Section 13.55 to 13.57, Section 13.57 to 13.55, Section 13.72 to.1.3.73 and Section 13.73 to 13.74; and 4. To add a section regarding unlawful hazardous materials management. Ordinance No. 1161 was duly introduced at a regular meeting of the City Council of the City of Vernon held on October 19, 2009. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1161 adopting by reference the Department of Water Resources State Model Landscaping Ordinance, amending Sections 25.100, 25.101, 25.102, 25.103, 25.104, 25.105, 25.106(b), 25.107(a) and adding Section 25.112 to Article VI, Water Conservation of Chapter 25, Water, of the Vernon City Code as follows: 1. To meet the requirements of the Metropolitan Water District Model Efficient Landscape Ordinance; and 2. To add a section regarding the Department of Water Resources State Model Efficient Landscape Ordinance. Ordinance No. 1162 was duly introduced at a regular meeting of the City Council of the City of Vernon held on October 26, 2009. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1162 amending Sections Article XIV of Chapter 2 of the Vernon City Code relating to the recall of Members of the City Council. Ordinance No. 1163 was duly introduced at a regular meeting of the City Council of the City of Vernon held on January 4, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1163, an Emergency Zoning Ordinance prohibiting the establishment of marijuana dispensaries, stores, co-ops, or marijuana cultivation operations in any zoning district within the City by amending Sections 26.2.9 and 26.4.1- 4, of the Vernon City Code as follows: 1. To add a definition of marijuana dispensary, store, co-op, or cultivation operation; and 2. To prohibit the use in any Zone or Overlay Zone of the City. Ordinance No. 1164 was duly introduced at a regular meeting of the City Council of the City of Vernon held on January 4, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1164, a zoning ordinance prohibiting the establishment of marijuana dispensaries, stores, co-ops, or marijuana cultivation operations in any zoning district within the City by amending Sections 26.2.9 and 26.4.1-4, of the Vernon City Code as follows: 1. To add a definition of marijuana dispensary, store, co-op, or cultivation operation; and 2. To prohibit the use in any Zone or Overlay Zone of the City. Ordinance No.1165 was duly introduced at a regular meeting of the City Council of the City of Vernon held on January 4, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1165 amending Chapter 2 of the Code of the City of Vernon, relating to City Council elections to implement campaign finance regulations. Ordinance No.1166 was duly introduced at a regular meeting of the City Council of the City of Vernon held on February 1, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1166 temporarily suspending acceptance and review of non-exclusive solid waste franchise agreement applications. Ordinance No. 1167 was duly introduced at a regular meeting of the City Council of the City of Vernon held on February 1, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1167 amending Chapter 2 of the Code of the City of Vernon, relating to City Council elections and the appointment of Council members in uncontested elections. Ordinance No. 1169 was duly introduced at a regular meeting of the City Council of the City of Vernon held on June 7, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1169 abolishing the Police and Fire Commission. Ordinance No. 1170 was duly introduced at a regular meeting of the City Council of the City of Vernon held on June 7, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1170 repealing Section 7.3 of the Vernon City Code authorizing the delegation of enforcement responsibilities for certain provisions of the Fire Code and other Fire Safety Regulations. Ordinance No. 1171 was duly introduced at a regular meeting of the City Council of the City of Vernon held on June 7, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1171 adding Section 13.88 to the Vernon City Code to establish fees and charges pursuant to the aboveground petroleum storage act. Ordinance No. 1172 was duly introduced at a regular meeting of the City Council of the City of Vernon held on June 14, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1172 amending Sections 2.34, 2.35, 2.36, 2.37 and 2.39 of Article V, Public Library, of Chapter 2, Administration, of the Vernon City Code as follows: Establishing a Board of Library Trustees; composition; appointment of members; and 2. Appointing the Mayor as president and the Mayor pro tempore as president pro tempore of the Board of Library Trustees. Ordinance No. 1173 was duly introduced at a regular meeting of the City Council of the City of Vernon held on July 19, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1173 amending the Vernon City Code to authorize the Fire Chief to report directly to the City Council and defining the term "reporting to the City Council." Ordinance No. 1174 was duly introduced at a regular meeting of the City Council of the City of Vernon held on August 2, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1174 amending the Vernon City Code to clarify that the City Council appoints the purchasing agent. Ordinance No. 1175 was duly introduced at a regular meeting of the City Council of the City of Vernon held on March 1, 2011. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1175 establishing a three-year restriction on cutting of newly paved or resurfaced streets and amending the Vernon City Code regarding deposits, surety bonds and liability insurance for encroachment permits and licenses. Ordinance No. 1176 was duly introduced at a regular meeting of the City Council of the City of Vernon held on November 1, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1176 amending Chapter 24, building and construction, of the Code of the City of Vernon; adopting by reference (1) the 2010 California Building Code; (2) the 2010 California Electrical Code, and the 2006 edition of the ICC Electrical Code administrative provisions; (3) the 2010 California Mechanical Code; (4) the 2010 California Plumbing Code; (5) the 2010 California Existing Building Code; (6) the 2009 International Existing Building Code; (7) the 2010 California Residential Code; (8) the 2010 California Green Building Standards Code; and (9) the 2010 California Energy Code, including amendments, additions and deletions, and repealing all ordinances and parts of ordinances in conflict therewith. Ordinance No: 1177 was duly introduced at a regular meeting of the City Council of the City of Vernon held on November .1, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1177 amending Chapter 7, fire regulation, of the Code of the City of Vernon; adopting by reference the 2010 California Fire Code including amendments, additions and deletions, and repealing all ordinances and parts of ordinances in conflict therewith. Ordinance No. 1178 was duly introduced at a regular meeting of the City Council of the City of Vernon held on November 15, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1178 extending the existing time limits for the effectiveness of and the receipt of tax increment for the industrial redevelopment project. Ordinance No. 1179 was duly introduced at a regular meeting of the City Council of the City of Vernon held on November 15, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1179 eliminating the existing time limits on incurring debt for the first amended industrial redevelopment project. Ordinance No.1180 was duly introduced at a regular meeting of the City Council of the City of Vernon held on December 6, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1180 amending section 2.1 of the Vernon City Code relating to the time and place of City Council meetings. Ordinance No. 1181 was duly introduced at a regular meeting of the City Council of the City of Vernon held on December 6, .2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1181 extending the existing time limits for commencement of eminent domain proceedings to acquire property within the industrial redevelopment project. Ordinance No. 1183 was duly introduced at a regular meeting of the City Council of the City of Vernon held on May 26, 2011. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1183 establishing a Housing Commission pursuant to the provisions of the City Charter of the City of Vernon and specifying the membership and duties of the Housing Commission. Willard G. Yamaguchi, City Clerk of the City of Vernon, does hereby certify that Ordinance Nos. 1160 — 1167, 1169 —1181 and 1183 were duly introduced to the City Council of the City of Vernon at a regular meeting and said Ordinances are scheduled to be approved and adopted at a regular meeting of the City Council to be held on September 20, 2011. Dated: q/I3�fr lAa(.Ya4ag&Cit&erk ORDINANCE NO. 1163 AN EMERGENCY ZONING ORDINANCE OF THE CITY OF VERNON PROHIBITING THE ESTABLISHMENT OF MARIJUANA DISPENSARIES, STORES, CO-OPS, OR MARIJUANA CULTIVATION OPERATIONS IN ANY ZONING DISTRICT WITHIN THE CITY BY AMENDING SECTIONS 26.2.9 AND 26.4.1-4, AND ADOPTING FINDINGS OF URGENCY WHEREAS, the City of Vernon is responsible for adopting and implementing land use regulations within its boundaries; and WHEREAS, in 1996, the California voters adopted Proposition 215, the Compassionate Use Act ("Prop 215"), decriminalizing the use of marijuana for medical purposes, which was augmented by the state legislature in 2004 and codified at Section 11362.5 et seq. of the California Health and Safety Code; and WHEREAS, with the expansion of medical marijuana dispensaries in other cities and the recent decision by the City Attorney of Los Angeles to prosecute unlawful dispensaries in neighboring Los Angeles, it is foreseeable that a medical marijuana dispensary or cultivation operation may very soon, seek to establish its business within the boundaries of the City; and WHEREAS, the City Council is concerned that the establishment of medical marijuana dispensaries, stores, co-ops, and marijuana cultivation operations within the City are incompatible with the City's industrial uses, and may cause adverse impacts to the public peace, health, and safety of the City's residents and the general public, and that it is therefore urgent that the City ensure that the establishment, placement and operation of such uses in the City does not lead to any adverse impacts; and WHEREAS, this ordinance is presented as an emergency ordinance pursuant to City Charter Section 4.4, because the above -referenced facts increase the possibility of the immediate development of medical marijuana dispensaries, stores, or co- ops, or cultivation operations within the City, and therefore, it is necessary to immediately make it explicit that such uses are prohibited by the City's Zoning Ordinance, for the immediate preservation of the public peace, health, and safety. THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: SECTION l: Prohibition on Marijuana Dispensaries Stores, Co-ops, and Cultivation Operations. The City'Council of the City of Vernon hereby amends section 26.2-9 of the City's Zoning Ordinance by adding a definition of marijuana dispensary, store, co-op, or cultivation operation, in alphabetical order, and amends section 26.4.1-4 of the City's Zoning Ordinance by prohibiting such use in any Zone or Overlay Zone of the City, as set forth in Exhibit A, which is attached hereto and incorporated by this reference. SECTION 2: No Conflict with State Law. This emergency ordinance amending sections 26.2-9 and 26.4.1-4 of the City's Zoning Ordinance shall in no way limit a qualified individual's right to possess, use, or cultivate marijuana for his or her own medicinal purposes to the extent lawfully authorized by the laws of the State of California as set forth in the applicable provisions of the Health and Safety Code. -2- SECTION 3: CEQA Compliance. The City Council hereby finds that it can be seen with certainty that this emergency ordinance amending sections 26.2-9 and 26.4.1-4 of the City's Zoning Ordinance has no likelihood of causing a significant negative effect on the environment and accordingly both the City Council's action of adopting this ordinance and the effects derivative from that adoption are found to be exempt from the application of the California Environmental Quality Act of 1970, as amended, pursuant to Section 15061(b)(3) of the State CEQA Guidelines (Title 14 C.C.R. 15061(b)(3)). This finding is premised on the fact that the adoption of this urgency ordinance will maintain the current environmental conditions arising from the current land use regulatory structure as adopted by the City. SECTION 4: Authority. The City Council adopts this emergency zoning ordinance, effective immediately, prohibiting the establishment of any marijuana dispensary, store, co-op, or cultivation operation, as defined herein, in any zoning district of the City pursuant to the authority set forth in City Charter Section 4.4. SECTION 5: Findings. The City of Vernon is responsible for adopting and implementing land use regulations within its boundaries. As an industrial city, the City's General Plan Policy LU-1.2 limits the permitting of non- industrial uses, such as commercial and retail uses, to those that are necessary to support the City's industry and its employees. The establishment of medical marijuana dispensaries, stores, co-ops, or cultivation operations would not support the -3- City's industry and would be inconsistent with this General Plan Policy LU-1.2. This is so, because many of the individuals that work in Vernon operate heavy equipment, and if they were under the influence of marijuana, they could potentially endanger themselves, co-workers, or the public. Thus, the potential consumption of marijuana prior to or during work hours could create a industrial safety concern in Vernon. As such, the establishment of medical marijuana dispensaries, stores, co-ops, or cultivation operations in the City would threaten the public peace, health, and safety of the community. Further, adjacent cities' recent enforcement and regulation of dispensaries, including the City of Los Angeles' recent enforcement, threatens the immediate preservation of this public peace, health, and safety because it may lead to an increased interest by these dispensaries to open in the City of Vernon, thereby creating an immediate threat. Based on the foregoing, the City Council hereby finds that there exists an immediate threat to the preservation of public peace, health and safety requiring this emergency ordinance to prohibit marijuana dispensaries, stores, co-ops, and cultivation operations pursuant to City Charter Section 4.4. Pursuant to Section 26.6.4-4 of the City' zoning ordinance, the foregoing also serves as the facts and reasons, which in the opinion of the City Council, make the approval of the amendment necessary to carry out the general purpose of the City's zoning ordinance that limits land uses in the City to those that are industrial and that serve industry. The City Council of the City of Vernon hereby passes this ordinance by a majority vote of the City Council. Accordingly, this measure is -4- adopted immediately upon introduction pursuant to City Charter Section 4.4. SECTION 7: Severability. If any chapter, article, section, subsection, subdivision, paragraph, sentence, clause, phrase, or word in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more chapters, articles, sections, subsections, subdivisions, paragraphs, sentences, clauses, phrases or words be declared unconstitutional, or invalid, or ineffective. SECTION 8: Book of Ordinances. The City Clerk shall attest and certify -to the adoption of this Ordinance and shall cause this Ordinance and the City Clerk's certification to be entered in the Book of Ordinances of the Council of this City. The City Clerk shall cause this ordinance to be published or posted as required by law. -5- SECTION 9: This Ordinance shall go into effect and be in full force and effect immediately upon adoption. APPROVED AND ADOPTED this 4th day of January, 2010. Name: Hilario Gonzales Title: Mayor /--M-ayo-r-fir -T TEST: MANUELA GIRON, City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby certify that the foregoing Ordinance, being Ordinance No. 1163, was duly and regularly introduced at a meeting of the City Council of the City of Vernon, held in the City of Vernon on Monday, January 4, 2010, and thereafter adopted at a meeting of said City Council held on Monday, January 4, 2010, by the following vote: AYES: Councilmembers: Mayor Gonzales, McCormick, Davis, Maisano, Newmire NOES: Councilmembers: None ABSENT: Councilmembers: None and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this 5A day of January, 2010, at Vernon, California. (SEAL) MANUELA GIRO City Clerk -7- EXHIBIT A EXHIBIT "A" CHAPTER 26. ZONING. Article II. Definitions. Sec. 26.2.9 Definitions (M-O). Marijuana dispensary, store, co-op, or cultivation operation shall mean and include any location, structure, facility, residence, or similar to the same used, in full or in part, as a place at or in which marijuana is sold, traded, exchanged, bartered for in any way, made available, located, stored, placed, planted, cultivated, or processed, including any of the foregoing if used in connection with the delivery of marijuana. Article IV. Zones, Permitted Uses, Development Standards, and Site Planning Standards Sec. 26.4.1-4 Uses That Are Prohibited or Limited (a) No motel, hotel, trailer, or trailer park is permitted in any zone or overlay zone. The provisions of this section do not apply to portable units which (1) have been acknowledged in writing by the owner or user to be units that are to be used temporarily and solely in connection with a construction project on the same lot by persons who have a separate existing, A-1 permanent residence (2) have received written approval from the director of community services for such temporary usage, and (3) are not used for bathing or sleeping. The provisions of this section do not apply to trailers used solely to move goods (b) No Marijuana dispensary, store, co-op, or cultivation operation is permitted in any zone or overlay zone. A-2 CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: January 7, 2010 TO: Kevin Wilson, Director of Community Services & Water FRO Nelly Giron, City Clerk RE: Ordinance No. 1163 — An Emergency Zoning Ordinance of the City of Vernon Prohibiting the Establishment of Marijuana Dispensaries, Stores; Co-Ops, or Marijuana Cultivation Operations in Any Zoning District Within the City By Amending Section 26.2.9 and 26.4.1- 4, and Adopting Findings of Urgency Transmitted herewith is a copy of Ordinance No. 1163 referenced above, which was approved by City Council on January 4, 2010. Thank you. NG:dj c: Martha Valenzuela Ordinance No. 1163 This space is for the County Clerk's Filing Stamp '�iastexn 05rauv ublirafi rxtz, �Nhtr_ The Only All Hispanic Owned Chain of Bilingual Newspapers 111 S. Avenue 59, Los Angeles, CA 90042-4211 Ph 323.341-7970 • Fax 323.341-7976 • www.egpnews.com PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am a citizen of the United States and a resident of the County aforementioned; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the printer of EASTERN GROUP PUBLICATIONS' EASTSIDE SUN, MEXICAN AMERICAN SUN, NORTHEAST SUN, BELL GARDENS SUN, VERNON SUN, COMMERCE COMET, CITYTERRACE COMET, MONTEBELLO COMET, MONTEREY PARK COMET, E.L.A. BROOKLYN BELVEDERE COMET AND WYVERNWOOD CHRONICLE, newspapers of general circulation, printed and published THURSDAYS in the County of Los Angeles, and which newspaper has been adjudicated a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, under the date of JUNE 21. 1966. CASE NUMBER 884861; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: DECEMBER 24, all in the year 2009. certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at LOS ANGELES, California, this 24thday of DECEMBER, 2009. CITY OF VERNON Proof of Publication of Notice of Public Hearing: Monday, January 4. 2010 ... Amend the City's Zoning Ordinance to Define a Marijuana Dispensary, Store. Co-op, or Cultivation Operation and to Prohibit... Signature City of Vernon NOTICE OF PUBLIC HEARING ,��vvr s6-1) 4305 Santa Fe Avenue Vernon, CA 90058 (323) 583-8811 The City of Vernon will conduct a Public Hearing regarding a Zoning Amendment request, which you may attend. PLACE: Vernon City Hall City Council Chambers 4305 Santa Fe Avenue Vernon, CA 90058 DATE & Monday, January 4, 2010 at 9:00 a.m. TIME: (or as soon thereafter as the matter can be heard) REQUEST: The City of Vernon intends to adopt an emergency ordinance to amend the City's Zoning Ordinance to define a marijuana dispensary, store, co-op, or cultivation operation and to prohibit this use in the City. REVIEW OF: The proposed ordinance, Staff Report, and supporting documents are THE FILE: available for public review during normal business hours in the Vernon Community Services & Water Department, located at 4305 Santa Fe Avenue, Vernon, California, between the hours of 7:15 a.m. and 5:15 p.m. Monday through Thursday. If you challenge the granting of this Zoning Amendment or any provisions thereof in court, you may be limited to raising only those issues you or someone else raised at the hearing described in this notice or in written correspondence delivered to the City of Vernon at, or prior to, the meeting. The hearing may be continued or adjourned to a stated time and place without further notice of a public hearing. Dated: ;7L2­2, Ax,� Manuela Giron, C Z y Clerk (��lJ�`,s�/�CL•l ��+2C ems. ( /�� c%� �j d / ; REECEIVED DEC 16 2009 CIlY CLERK'S OFFICE STAFF REPORT COMMUNITY SERVICES & WATER DEPARTMENT DATE: December 15, 2009 TO: Honorable Mayor and City Council FROM: Samuel Kevin Wilson, Director of Community Services& Water RE: MEDICAL MARIJUANA DISPENSARIES City staff is recommending that the City Council of the City of Vernon adopt an emergency ordinance, pursuant to City Charter Section 4.4, amending its zoning code to prohibit the establishment of marijuana dispensaries, stores, co-ops, or marijuana cultivation operations in any zone or overlay zone of the City. Background In 1995 the California voters approved Proposition 215, known as the "Compassionate Act of 1996." This law is codified in Health and Safety Code Section 11362 et seq. The intent of Proposition 215 was to enable persons needing marijuana for medical purposes to obtain and use without fear of criminal prosecution under limited and specific circumstances. In 2003, the California Legislature enacted Senate Bill 240 that attempted to implement Proposition 215 and provide additional legal protections. Under this law, patients or primary caregivers who possess, use or cultivate medical marijuana shall not be subject, on that sole basis, to criminal liability. Under these laws, various non-profit organizations have been established to operate medical marijuana dispensaries, as the "primary caregiver" to medical marijuana patients. These dispensaries have been located throughout the State, with some of them operating not unlike a retail store to members as part of a patient caregiver "collective." In contrast to State law, Federal law prohibits the distribution or manufacture of marijuana (21 U.S.C. § 841 (a) of the Controlled Substance Act). In 2001, the U.S. Supreme court ruled that the distribution of marijuana through a medical marijuana dispensary was illegal under the Federal Control Substance Act. In 2005, the U.S. Supreme court ruled that the Federal governments' prohibition applied to intrastate manufacture and possession. As a consequence there is an existing conflict between State law permission of medical marijuana and Federal law prohibition. Due to the Federal prohibition, licensed pharmacies do not carry or sell medical marijuana and medical marijuana dispensaries in the form of patient cooperatives have been established. The U.S. Justice system recently announced that it has changed its policy on enforcement of Federal drug laws against the use of medical marijuana. It is our understanding that Federal law officials will no longer prosecute medical marijuana dispensaries and users as long as the dispensaries and users are operating in compliance with State and local law. This action does not make the sale, use or possession of marijuana legal under Federal law, only Congress can change Federal law; Additionally, it does not mean that medical marijuana dispensaries are legal. It merely means that the Federal government will not devote Federal law enforcement to prosecute violators. On August 27, 2009 the Court of Appeals ruled on the case of Claremont v. Kruse (2009) 177 Cal.App.4th 1153 regarding the Compassionate Use Act of 1996 and its implementing State law. The court ruled that cities are not precluded from imposing business licenses, permits, and zoning regulations on the operation of medical marijuana dispensaries. Recently, the California Supreme Court declined to hear the case or depublish the Court of Appeal's decision, thus leaving in place the ruling that cities can prohibit dispensaries through zoning and other regulations. The City of Anaheim adopted an ordinance that banned all medical marijuana dispensaries. This ban has been challenged and the trial court upheld the City of Anaheim's ban. This ruling has been appealed. In a separate case involving the City of Corona, the California courts ruled that a medical marijuana dispensary was not permitted in the City because the City's zoning ordinance was drafted in a permissive fashion, i.e., any use not enumerated in the code is presumptively prohibited. Since a medical marijuana dispensary was not enumerated in the City's zoning ordinance, the establishment of a medical marijuana facility was deemed to be a non -permitted, non -conforming use. Issue The City of Los Angeles currently has hundreds of medical marijuana dispensaries within its boundaries. Los Angeles is now quickly moving to adopt a permanent ordinance to cap the number of dispensaries within its boundaries. Vernon adjoins the City of Los Angeles} and given its proximity City staff is concerned that some of these dispensaries that currently operate in Los Angeles may be impacted by the cap and subsequent crackdown and may migrate to Vernon. Potential concerns with dispensaries include increased crime, parking problems, and public use of marijuana, which could have an adverse effect on Vernon's business community. Although no medical marijuana dispensary has located in Vernon, City staff is not clear under what conditions a dispensary could locate in Vernon and whether such a use is appropriate. City staff is recommending that zoning provisions be adopted to clearly indicate the City's position on such a use. General Plan — Zoning Ordinance The City of Vernon was founded in 1905 as an industrial City. The City's General Plan reflects the long history and the City's mission of maintaining Vernon as an ideal home for industry. The General Plan contains the goals, policies, and serves as a guide to long range planning in the City. The Land Use Element establishes the broad general policies for how properties are used in Vernon, including location, distribution, type and intensity of development with the overarching goal of maintaining Vernon as an industrial City. The General Plan and Land Use Element goals and policies provide guidance to the City Council and City officials regarding zoning, land subdivision, public improvements, and physical development programs. The key policy objective of the City is to remain an Exclusively Industrial City, serving the needs of industry. Goal LU-1 of the General Plan states, "Promote and maintain manufacturing and other industrial uses as the primary land use within the City. PolicyLU-1.2 states, "Permit only those non -industrial uses, such as commercial and retail uses, which are necessary to support industry and its employees or as may be required by State law..." Given these stated Goals and Policies the operation of a medical marijuana dispensary does not appear to be an appropriate use in Vernon because it does not support the industrial community. ZoninE The City's Zoning, Ordinance is currently silent on medical marijuana dispensaries. As such in accordance with Section 26.4.1-3, uses that which are not specifically permitted pursuant to Section 26.4.1-2, (which lists permitted uses) and are not specifically prohibited by Section 26.4.1-1 or Section 26.4.1-4 or Section 26.4.1-5 may be permitted in the I -Zone only with a Conditional Use Permit. Since a medical marijuana dispensary is not listed as a permitted use nor as a prohibited use it currently could be located in the I -Zone, which is the entire City, subject to a Conditional Use Permit. However, Section 26.6.3-4 of the Zoning Ordinance requires the City Council to determine certain findings by resolution when a Conditional Use Permit is approved. Specifically, Section 26.6.3-4(e) requires that a finding be made that, "The use, as to location; operation and design, is consistent with the general plan, any applicable specific plan and the zoning regulations of the City of Vernon, including the City's policy considerations as to acceptable uses in the City." Given that a General Plan Land Use Policy is to only permit those non -industrial uses, such as commercial and retail uses, which are necessary, to support industry. and its employees..." .it is difficult to conceive how a medical marijuana dispensary use could support the City's industry or its employees, and therefore the City would be unable to make such a finding. In fact, in order to protect the public's health and safety it is appropriate to ban such a use in Vernon. Both alcohol and marijuana uses are known to impair an individual's judgment and coordination. Currently a bar is, considered a legal non -conforming use in Vernon. While the consumption of alcoholic beverages is legal, in an industrial City such as Vernon it may not be appropriate. Many workers in Vernon operate heavy machinery and large trucks. The consumption of alcohol during work breaks could impair an individual's ability to operate the equipment in a safe manner with the potential of creating a hazardous condition for himself, his co-workers, and the public. Therefore, Vernon has prohibited the opening of any new bars within its City limits. Likewise an individual that ingests marijuana prior to work or during work breaks could potentially threaten the safety of himself, his co-workers, or the public if he were to operate heavy equipment soon thereafter. Conclusion A medical marijuana facility does not conform with the City's General Plan policy to only permit those non -industrial uses that support industry. Additionally, the potential consumption of marijuana prior to or during work hours could create a safety concern in Vernon. Since many of the individuals that work in Vernon operate heavy equipment and if they were under the influence of marijuana they could potentially endanger themselves, co-workers, or the public. Based on all of the reasons provided, the public necessity, convenience and general welfare require a zoning text amendment to address potential medical marijuana dispensaries. It is therefore recommended that the City Council adopt an emergency ordinance to prohibit the establishment of medical marijuana dispensaries, stores, co-ops, and marijuana cultivation operations within its City limits in order to protect the health and safety of its business and residents. Therefore, it is recommended that Section 26.2.9 of the Zoning Ordinance be amended to add a definition for marijuana dispensary, store, co-op, or cultivation operations as follows: Section 26.2.9 Definitions (M-O) MarijuanaDispensary, store, co-op, or cultivation operation shall mean and include any location, structure, facility residence, or similar to the same used, in full or in part, as a place at or in which marijuana is sold, traded, exchanged, bartered for in any way, made available, located, stores, placed, planted, cultivated, or processed, including any of the foregoing if used in connection with the delivery of marijuana. Additionally, it is recommended that Section 26.4.1-4 Uses That Are Prohibited or Limited be amended to read as follows: Article IV. Zones, Permitted Uses, Development Standards, and Site Planning Standards Section 26.4.1-4 Uses That Are Prohibited or Limited (a) No motel, hotel, trailer, or trailer park is permitted in any zone or overlay zone. The provisions of this section do not apply to portable units which (1) have been acknowledged in writing by the owner or user to be units that are to be used temporarily and solely in connection with a construction project on the same lot by persons who have a separate existing, permanent residence (2) have receivedwritten approval from the director of community services for such temporary usage, and (3) are not used for bathing or sleeping. The provisions of this section do not apply to trailers used solely to move goods. (b) No Marijuana dispensary, store, co-op, or cultivation operation is permitted in any zone or overlay zone. CEOA Compliance It can be seen with certainty that this Emergency Ordinance amending sections of the Zoning Code to prohibit marijuana dispensaries, stores, co-ops, and cultivation operations has no likelihood of causing a significant negative effect on the environment and accordingly the City Council's action of adopting an ordinance prohibiting the use and the effects derived from the adoption are exempt from the application of the California Environmental Quality Act pursuant to Section 15061(b)(3) of the State of California CEQA Guidelines (Title 14 CCR 15061(b)(3)). This finding is premised on the fact that the adoption of this urgency ordinance will maintain the current environmental conditions arising from the current land use regulatory structure. REICEA111VEE DEC 1 6 2009 ` Of VP 1011,y. Ioo 90, 5� COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM Z-i TO: Donal O'Callaghan, City Administrator Q\ FROM: Samuel Kevin Wilson, Director of Community Services & Water DATE: December 15, 2009 SUBJECT: MEDICAL MARIJUANA DISPENSARIES T'he Community Services Department and Police Department are concerned with the potential negative impacts on the community if a medical marijuana use were to locate in the City of Vernon. Given the industrial nature of the City it does not appear that such a use would be compatible. The Goals and Policies of the General Plan state that only those non -industrial uses such as commercial and retail uses that are necessary to support industry should be permitted. A medical marijuana use does not fit within these criteria and therefore should not be permitted. It is therefore recommended that an urgency ordinance be adopted amending the City's Zoning Ordinance to define a "marijuana dispensary, store, co-op or cultivation operation," and to prohibit this use in the City. Enclosed herewith is a Staff Report outlining staffs' concerns and recommendation and a Public Hearing Notice. If you are in agreement with staffs' recommendation please forward the Public Hearing Notice to the City Clerk for execution. The Community Services Department will ensure that the notice is mailed and published in accordance with City requirements. SKW/ca Enclosures C DEC 1 6 2009 AFFIDAVIT OF POSTING I, Manuela Giron, City Clerk, of the City of Vernon do hereby certify that on the 13th day of January 2010, I did post three (3) copies of the following: ORDINANCE NO. 1163 - An Ordinance of the City Council of the City of Vernon Prohibiting the Establishment of Marijuana Dispensaries, Stores, Co-ops, or Marijuana Cultivation Operations in Any Zoning District Within the City by Amending Sections 26.2.9 and 26.4.1-4, and Adopting Findings of Urgency. One on each of the following places, to wit: on the bulletin board outside the main entrance to the City Hall of the City of Vernon located at 4305 Santa Fe Avenue; at the northwest corner of 38th Street and Santa Fe Avenue; the northeast corner of Leonis Blvd., and Pacific Blvd., all in said City. Date:lid r/�� Manuela Giro City Clerk State of California ) )ss County of Los Angeles) On IT111Vu�r�/ Ni �o�Q before me, �J �cd��tA � . ���1�, ha i_a1'i l�u��'c Notary Public, personally appeared Manuela Giron who proved to me on the basis of satisfactory evidence to be the person( whose name(/) is/&-r-& subscribed to the within instrument and acknowledged to me that +m/she/-t-h-ey executed the same in h±-5/her/th-e-i-r^ authorized capacity (-ies) , and that by h-i-s /her/ t-h-e3� signature (k on the instrument the person ( ), or the entity upon behalf of which the person( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal —7/ J�d' / e'J"' JUDA- A, LE 6 Commission # 164b385 NOkW PubBc - Colifomla Los Angeles county MyCome►. Expires Feb 19,201 This space is for the County Clerk's Filing Stamp iztsteru Group ]JUh iratiaxts, ;Kit-r- The Only All Hispanic Owned Chain of Bilingual Newspapers 111 S. Avenue 59, Los Angeles, CA 90042-4211 Ph 323.341-7970 • Fax 323.341-7976 • www.egpnews.com PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am a citizen of the United States and a resident of the County aforementioned; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the printer of EASTERN GROUP PUBLICATIONS' EASTSIDE SUN, MEXICAN AMERICAN SUN, NORTHEAST SUN, BELL GARDENS SUN, VERNON SUN, COMMERCE COMET, CITY TERRACE COMET, MONTEBELLO COMET, MONTEREY PARK COMET, E.L.A. BROOKLYN BELVEDERE COMET AND WYVERNWOOD CHRONICLE, newspapers of general circulation, printed and published THURSDAYS in the County of Los Angeles, and which newspaper has been adjudicated a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, under the date of JUNE 21. 1966. CASE NUMBER 884861; that the n^ tice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: SEPTEMBER 15, all in the year 2011. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at LOS ANGELES, California, this 151hday of SEPTEMBER, 2011. CITY OF VERNON Proof of Publication of City of Vernon City Council Meeting September 20, 2011 Summary for Ordinance Nos. 1160 - 1167. 1169 - 1181 and 1183 Signature � r Since 1979: ��T��E�xT �xI7�.T�t �.i�ZtCix�tIIXi�S, �YTC� The Only All Hispanic Owned Chain of Bilingual Newspapers 111 S. Avenue 59, Los Angeles, CA 90042-4211 Ph 323.341-7970 • Fax 323.341-7976 • www.egpnews.com PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am a citizen of the United States and a resident of the County aforementioned; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the printer of EASTERN GROUP PUBLICATIONS' EASTSIDE SUN, MEXICAN AMERICAN SUN NORTHEAST SUN, BELL GARDENS SUN VERNON SUN, COMMERCE COMET CITY TERRACE COMET, MONTEBELLO COMET MONTEREY PARK COMET, E.L.A. BROOKLYN BELVEDERE COMET AND WYVERNWOOD CHRONICLE newspapers of general circulation, printed and published THURSDAYS in the County of Los Angeles, and which newspaper has been adjudicated a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, under the date of JUNE 21, 1966. CASE NUMBER 884861; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: SEPTEMBER 22, all in the year 2011. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at LOS ANGELES, California, this 22-ndday of SEPTEMBER, 2011. ignature This space is for the County Clerk's Filing Stamp CITY OF VERNON Proof of Publication of CITY OF VERNON CITY COUNCIL MEETING SEPTEMBER 20, 2011 SUMMARY FOR ORDINANCE NOS. CITY OF VERNON CITY COUNCIL MEETING SEPTEMBER 20, 2011 SUMMARY FOR ORDINANCE NOS. 1160 — 1167, 1169 — 1181 AND 1183 A CERTIFIED: COPY OF THE FULL TEXT OF ADOPTED ORDINANCE NOS.. 1160 — 1167, 1169 — 1181 AND 1183 ARE AVAILABLE IN THE OFFICE OF THE CITY CLERK LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA. Ordinance Nos. 1160 — 1167, 1169 — 1181 and 1183 were duly introduced at a regular meeting of the City Council of the City of Vernon and approved and adopted by said Council at a regular meeting held on September 20, 2011. On September 20, 2011, the City Council of the City of Vernon adopted Ordinance Nos. 1160 —1167, 1169 — 1181 and 1183 amending certain provisions of the Vernon City Code as follows: Ordinance No. 1160 was adopted by the City Council of the City of Vernon amending Sections 13.48 to 13.73 and adding Section 13.74 to Article IV, Hazardous Materials Monitoring Program, of Chapter 13, Health and Sanitation, of the Vernon City Code as follows: 1. To change the title of Article IV of Chapter 13 to Hazardous Materials Monitoring and Control Program; 2. To update and clarify definitions and other provisions in accordance with State hazardous material laws, regulations and regulatory options; 3. To renumber the following sections: Section 13.55 to 13.57, Section 13.57 to 13.55, Section 13.72 to 13.73 and Section 13.73 to 13.74; and 4. To add a section regarding unlawful hazardous materials management. Ordinance No. 1161 was adopted by the City Council of the City of Vernon adopting by reference the Department of Water Resources State Model Landscaping Ordinance,. amending Sections 25.100, 25.101, 25.102, 25.103, 25.104, 25.105, 25.106(b), 25.107(a) and adding Section 25.112 to Article VI, Water Conservation of Chapter 25, Water, of the Vernon City Code as follows: 1. To meet the requirements of the Metropolitan Water District Model Efficient Landscape Ordinance; and 2. To add a section regarding the Department of Water Resources State Model Efficient Landscape Ordinance. Ordinance No. 1162 was adopted by the City Council of the City of Vernon amending Article XIV of Chapter 2 of the Vernon City Code relating to the recall of Members of the City Council. Ordinance No. 1163, an emergency Zoning Ordinance, was adopted by the City Council of the City of Vernon prohibiting the establishment of marijuana dispensaries, stores, co- ops, or marijuana cultivation operations in any zoning district within the City by amending Sections 26.2.9 and 26.4.1-4, of the Vernon. City Code as follows: 1. To add a definition of marijuana dispensary, store, co-op, or cultivation operation; and 2. To prohibit the use in any Zone or Overlay Zone of the City. Ordinance No. 1164, a zoning ordinance, was adopted by the City Council of the City of Vernon prohibiting the establishment of marijuana dispensaries, stores, co-ops, or marijuana cultivation operations in any zoning district within the City by amending Sections 26.2.9 and 26.4.1-4, of the Vernon City Code as follows: 1. To add a definition of marijuana dispensary, store, co-op, or cultivation operation; and 2. To prohibit the use in any Zone or Overlay Zone of the City. Ordinance No. 1165 was adopted by the City Council of the City of Vernon amending Chapter 2 of the Code of the City of Vernon, relating to City Council elections to implement campaign finance regulations. Ordinance No. 1166 was adopted by the City Council of the City of Vernon temporarily suspending acceptance, and review of non-exclusive solid waste franchise agreement applications. Ordinance No. 1167 was adopted by the City Council of the City of Vernon amending Chapter 2 of the Code of the City of Vernon, relating to City. Council elections and the appointment of Council members in uncontested elections. Ordinance No. 1169 was adopted by the City Council of the City of Vernon abolishing the Police and Fire Commission. . Ordinance No. 1170 was adopted by the City Council of the City of Vernon repealing Section 7.3 of the Vernon City Code authorizing the delegation of enforcement responsibilities for certain provisions of the Fire Code and other Fire Safety Regulations, Ordinance No. 1171 was adopted by the City Council of the City of Vernon adding Section 13.88 to the Vernon City Code to establish fees and charges pursuant to the aboveground petroleum storage act. Ordinance No. 1172 was adopted by the City Council of the City of Vernon amending Sections 2.34, 2.35, 2.36, 2.37 and 2.39 of Article V, Public Library, of Chapter 2, Administration, of the Vernon City Code as follows: 1. Establishing a Board of Library Trustees; composition; appointment of members; and 2. Appointing the Mayor as president and the Mayor pro tempore as president pro tempore of the Board of Library Trustees. Ordinance No. 1173 was adopted by the City Council of the City of Vernon amending the Vernon City Code to authorize the Fire Chief to report directly to the City Council and defining the term "reporting to the City Council." Ordinance No. 1174 was adopted by the City Council of the City of Vernon amending the Vernon City Code to clarify that the City Council appoints the purchasing agent. Ordinance No. 1175 was adopted by the City Council of the City of Vernon establishing a three-year restriction on cutting of newly paved or resurfaced streets and amending the Vernon City Code regarding deposits, surety bonds and liability insurance for encroachment permits and licenses. Ordinance No. 1176 was adopted by the City Council of the City of Vernon amending Chapter 24, building and construction, of the Code of the City of Vernon; adopting by reference (1) the 2010 California Building Code; (2) the 2010 California Electrical Code, and the 2006 edition of the ICC Electrical Code administrative provisions; (3) the 2010 California Mechanical Code; (4) the 201.0 California Plumbing Code; (5) the 2010 California Existing Building Code; (6) the 2009 International Existing Building Code; (7). the 2010 California Residential Code; (8) the 2010 California Green Building Standards Code; and (9) the 2010 California Energy Code, including amendments, additions and deletions, and repealing all ordinances and parts of ordinances in conflict therewith. Ordinance No. 1177 was adopted by the City Council of the City of Vernon amending Chapter 7, fire regulation, of the Code of the City of Vernon; adopting by reference the 2010 California Fire Code including amendments, additions and deletions, and repealing all ordinances and parts of ordinances in conflict therewith. Ordinance No. 1178 was adopted by the City Council of the City of Vernon extending the existing time limits for the effectiveness of and the receipt of tax increment for the industrial redevelopment project. Ordinance No. 1179 was adopted by the City Council of the City of Vernon eliminating the existing time limits on incurring debt for the first amended industrial redevelopment project. Ordinance No. 1180 was adopted by the City Council of the City of Vernon amending section 2.1 of the Vernon City Code relating to the time and place of City Council meetings. Ordinance No. 1181 was adopted by the City Council of the City of Vernon extending the existing time limits for commencement of eminent domain proceedings to acquire property within the industrial redevelopment project. Ordinance No. 1183 was adopted by the City Council of the City of Vernon establishing a Housing Commission pursuant to the provisions of the City Charter of the City of Vernon and specifying the membership and duties of the Housing Commission. Willard G. Yamaguchi, City Clerk of the City of Vernon, does hereby certify that Ordinance Nos. 1160 — 1167; 1169 — 1181 and 1183 were duly introduced and approved by the City Council of the City of Vernon at a regular meeting and adopted and passed by said Council at a regular meeting held on September 20, 2011 by the following roll call vote: AYES: COUNCILMEMBERS: Mayor Gonzales, Davis, McCormick, Maisano, Newmire NOES: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None Dated: September 20, 2011 o illard G. Yaouc,,i, t Clerk r,