Ordinance No. 1164NO. 1164
A 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
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, 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.
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 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 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 ordinance will maintain the current
environmental conditions arising from the current land use regulatory
structure as adopted by the City.
SECTION 4: Pursuant to Section 26.6.4-4 of the City's
Zoning Ordinance, the City Council is amending this Ordinance for the
following reasons. 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 because many of the individuals that
work in Vernon operate heavy equipment, and if they were under the
-2-
influence of marijuana, they could potentially endanger themselves, co-
workers, or the public.
SECTION 5: 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 6: 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.
-3-
SECTION 7: Effective Date. This Ordinance shall go into
effect and be in full force and effect at 12:01 a.m, on the thirty-
first (31st) day after its passage.
APPROVED and ADOPTED this 201h day of September, 2011.
Name: Hilario Gonzales
Title: Mayor / MQ, Dr—�ma6m
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, Willard G. Yamaguchi, City Clerk of the City of
Vernon, do hereby certify that the foregoing Ordinance, being
Ordinance No. 1164, 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 day of September, 2011, at Vernon,
California.
WItLARD'd.'YAtdAQdCHI
(SEAL)
City Clerk
- 5 -
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.
E.: q
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,
F.IW
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.
F.WA
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. 1164 — A 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
Transmitted herewith is a copy of Ordinance No. 1164 referenced above, which was approved by City
Council on September 20, 2011.
Thank you.
WY:dj
c: Ana Barcia
Martha Valenzueta
Ordinance No. 1164
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 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:
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:
Aillaurd Ygagg hiCit erk
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 axe 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
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. 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:
Willard G. Yamaguchi, City Clerk
Juarez, Debbie
From:
Barcia, Ana
Sent:
Tuesday, September 20, 2011 4:17 PM
To:
'Bianca @ Eastern Group'
Cc:
Yamaguchi, Willard; Enomoto, Kristen; Juarez, Debbie
Subject:
09-22-11 Publication
Attachments:
Second Summary for Ordinance Nos 1160-1167 1169-1181 1183 (2).doc
Hello Bianca,
Please include the attached Second Summary of Ordinances in the September 22, 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
abarciaCa,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.
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 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
NOES: COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS
Dated: September 20, 2011
Mayor Gonzales, Davis,
McCormick, Maisano, Newmire
None
None
Willard G. Yamaguchi, City Clerk
DECEIVED
RECEIVE® SEP 0 8 2011
SEP 12 2011 CITY ADMINISTRATION
CITY CLERK'S OFFICE
STAFF REPORT,
CITY ATTORNEY'S OFFICE
DATE: September 7, 2011
TO: Honorable Mayor and City Council
FROM: Michael B. Montgomery, Interim City Attorneyer&'/,
RE: Adoption of Existing Ordinances
SUMMARY
It was recently discovered that recent ordinances were not published after adoption.
RECOMMENDATIONS
It is recommended that Ordinance Nos. 1160 — 1167, 1169 — 1181 and 1183 be
considered for adoption at the September 20t" meeting. Upon fifteen (15) days of
adoption summaries for all ordinances listed shall be published in the Vernon Sun.
Rather than enclosing voluminous documents in your packets, certified copies of
Ordinance Nos. 1160 —1167, 1169 — 1181 and 1183 are available in the City Clerk's
office. There are no changes from the ordinances originally introduced.
ORDINANCE NO. 1164
A 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
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, 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.
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
ordinance amending sections 2.6.2-9 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 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 ordinance will
maintain the current environmental conditions arising.from the
current land use regulatory structure as adopted by the City.
SECTION 4: Pursuant to Section 26.6.4-4 of the City's
Zoning Ordinance, the City Council is amending this Ordinance
for the following reasons. 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,
-2-
stores, co-ops, or cultivation operations would not support the
City's industry 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.
SECTION 5: 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 6: 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.
-3-
SECTION 7:
Effective Date. This Ordinance shall go
into effect and be in full force and effect at 12:01 a.m. on the
thirty-first (31st) day after its passage.
APPROVED and ADOPTED this 25th day of January, 2010.
Name: Hilario Gonzales
ATTEST:
fil�az'4x .42
A UELA GIRON,- Ci ty Clerk
Title: Mayor / `i�fa-�ar=Ted
-4-
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.
1164, 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 25, 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.
Ad
Executed this G'CG day of January, 2010, at Vernon,
California.
(SEAL)
t
MANUELA GIRON
City Clerk
- 5 -
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 26, 2010
TO: Kevin Wilson, Director of Community Services & Water
FRO Nelly Giron, City Clerk
RE: 6Ordinance No. 1164 — A 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
26A.1-4
Transmitted herewith is a copy of Ordinance No. 1164 referenced above, which was approved by City
Council on January 25, 2010.
Thank you.
NG:dj
c: Martha Valenzuela
Ordinance No. 1164
City of Vernon
NOTICE OF PUBLIC HEARING
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 25, 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 Ordinance No. 1164 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:
/ A0 ( L
Manuela Giron, tiClerk
pl,�k a,4 -, llqll,) V
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 :4A, 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 eV 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 Jaw, prohibits the distribution or manufacture, of marijuana (21
U.S.C. § $41 (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 lawofficials
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 — ZoninLy 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." Policy LU-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.
Zoning
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)
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, 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 264.1-4 Uses That Are Prohibited -or Limited be
amended to read as follows: "
Article IV. Zones, Permitted Uses, Development Standards, and Site
Planning Standards
Section 26AA-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 writingby; 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.
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.
i
DEC 1 6 2009
BY &dL
S4OV VA,,P�O
JAN 0 6 2010
'j�`�%� jp'yry['N/ (\Y '¢fit pr' pp'
CI 6 a CLEi i S OfE ICE tGs�VfLY 1N9V�'t
COMMUNITY SERVICES & WATER DEPARTMENT
OFFICE MEMORANDUM
Z-i
TO: Donal O'Callaghan, City Administrator
,f N,
FROM: Samuel Kevin Wilson,"Director of Community Services & Water
DATE: January 5, 2010
SUBJECT: ZONING AMENDMENT — MARIJUANA DISPENSARIES
The City Council approved urgency Ordinance No. 1163 on January 4, 2010 amending the Zoning
Ordinance to prohibit the establishment of marijuana dispensaries, stores, co-ops, or marijuana cultivation. The
adoption of this ordinance set forth that the prohibition shall take immediate effect.
In an abundance of caution it is also recommended that the zoning amendment be adopted following
Section 26.6.4 of the Zoning Code.
Therefore, Ordinance No. 1164 was introduced for its first reading on January 4, 2010. Section 26.6.4-
3 of the Code prescribes that following the introduction of an ordinance by the City Council amending the
Zoning Ordinance a public hearing shall be held not less than 10 days and not more than 60 days from the date
of the Notice of Public Hearing.
It is recommended that a Public Hearing be held on January 25, 2010 regarding the adoption of a
zoning ordinance amendment prohibiting the establishment of marijuana dispensaries, stores, co-ops, or
marijuana cultivation operations. Enclosed herewith is a copy of the Public Hearing Notice to be executed.
SKW/ca
Enclosure
R.C.
JAN 0 & 2010
BY: - PIx
This space is for the County Clerk's Filing Stamp
'�Zztstkxxt xx7txp Uhlieationz, �J_Jxtr_
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,
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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:
JANUARY 07,
all in the year 2010.
certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at LOS ANGELES, California,
this 071hday of JANUARY, 2010.
CITY OF VERNON
Proof of Publication of
Notice of Public Hearing: Monday, January 25,
2010 .. Zoning Amendment Request .. Adopt
Ordinance No.1164 to Amend the City's Ordinance
to Define a Marijuana Dispensary, Store
Signature
AFFIDAVIT OF POSTING
I, Manuela Giron, City Clerk, of the City of Vernon do hereby certify
that on the 28th day of January 2010, I did have posted three (3)
copies of the following:
ORDINANCE NO. 1164 - A Zoning 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
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.
A' Date: /"
1r12'?110
Manuela Giron
City Clerk
State of California )
)ss
County of Los Angeles)
On before me,�'�`i' ��1�� i2% Notary Public, Public, personally appeared Manuela Giron
who proved to me on the basis of satisfactory evidence to be the
person(,g) whose name (,g') is/a-r-e subscribed to the within instrument and
acknowledged to me that 4-te/she/t-h-e7 executed the same in -h-is/her/th-e-i
authorized capacity( es), and that by l7s/her/t-h-c—� signature( ) on
the instrument the person(,), or the entity upon behalf of which the
person(4 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
JUDITH A. LEHR
Commission # 1646385
*--1MVCo(M.
Notary PUIDUC : CaliforniaLos Angeles County
Exph06 Feb 19, 201
CERTIFICATE
STATE OF CALIFORNIA )
SS
COUNTY OF LOS ANGELES)
I, Manuela Giron, City Clerk of the City of Vernon, County
of Los Angeles, State of California, hereby certify that the
attached is a full and complete copy of:
ORDINANCE NO. 1164 - A 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
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official Seal of the Cit o ernon, County of Los Angeles,
State of California, on this day of January 2010.
SEAL: S/MANUELA GIRON
Manuela Giron
City Clerk
This space is for the County Clerk's Filing Stamp
instern Group 1jublz-cafians,
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
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:
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.
&0 K�
Signature
CITY OF VERNON
Proof of Publication of
City of Vernon City Council Meeting
September 20, 2011
Summary for Ordinance Nos. 1160 - 1167
1169-1181and 1183
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 theabove.-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 J U N E 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 223
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�day of SEPTEMBER, 2011.
gnature
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,