HomeMy Public PortalAboutOrd. 1615ORDINANCE NO. 1615
AN URGENCY INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD, CALIFORNIA, EXTENDING ORDINANCE NO. 1609, TEMPORARILY
PROHIBITING THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES
AND PROHIBITING EXISTING BUSINESSES FROM DISPENSING MEDICAL
MARIJUANA, FOR AN ADDITIONAL TEN MONTHS AND FIFTEEN DAYS
WHEREAS, the City Council of the City of Lynwood ( "City Council ") adopted
Ordinance No. 1609 on April 7, 2009; and
WHEREAS, Interim Ordinance No. 1609 prohibits the establishment of medical
marijuana dispensaries and the sale of medical marijuana by existing business within
the City of Lynwood; and
WHEREAS, Interim Ordinance No. 1609 is a temporary ordinance which expired
45 days after its adoption; and
WHEREAS, the Lynwood, Municipal Code ( "LMC "), and the Lynwood Zoning
Code, currently lacks the ability to regulate medical marijuana dispensaries or the sale
of medical marijuana by an existing business; and
WHEREAS, City staff requires additional time to develop appropriate regulations
for medical marijuana dispensaries and the sale of medical marijuana by an existing .
business which are consistent with state and federal law; and
WHEREAS, regulations for medical marijuana dispensaries and the sale of
medical marijuana by an existing business would be contained in Chapter 25 of the
Lynwood Municipal Code, the City's Zoning Code; and
WHEREAS, pursuant to State law, before the City may adopt revisions to its
Zoning Code, the City must refer such matter to its Planning Commission for evaluation
and recommendation; and
WHEREAS, with assistance from staff, the City's Planning Commission is
undertaking a comprehensive and unified study of medical marijuana dispensaries,
including an analysis of the applicable laws and standards relating to medical marijuana
dispensaries which are being imposed in other cities, and will be preparing
recommendations for a permanent ordinance regulating medical marihuana dispensaries
and the sale of marijuana by existing businesses, but requires additional time to
complete its work; and
WHEREAS, after notice and a public hearing, Government Code Sections
65858, 36934 and 36937 permit the City Council to extend Interim Ordinance No. 1609
for an additional ten months and fifteen days from the date Ordinance No. 1609 expires
to allow the Planning Commission additional time to complete its analysis and
recommendations; and
WHEREAS, the proposed extension of Interim Ordinance No. 1609 was
agendized for a duly noticed public hearing before the City Council on June 16, 2009;
and
WHEREAS, at its public meeting of June 16, 2009, evidence was heard and
presented from all persons interested in affecting said proposal, from all persons
protesting the same and from members of City staff, and the City Council has reviewed,
analyzed and studied said proposal.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
Section 1. The City Council of the City of Lynwood finds that the above recitals
are true and correct and incorporated herein by this reference.
Section 2. Interim Ordinance No. 1609 is hereby extended for an additional
ten months and fifteen days beyond its original expiration date, such that Interim
Ordinance No. 1609 will now expire twelve months following its April 7, 2009, adoption
date.
Section 3. Urgency Interim Ordinance No. 1609 is hereby extended pursuant
to the authority conferred upon the City Council of the City of Lynwood by Government
Code Sections 65858, 36934 and 36937, and shall remain in full force and effect
immediately upon adoption of this extension by a four -fifths (4/5) vote of the City Council
as if and to the same extent that such ordinance had been adopted pursuant to each of
the individual sections set forth hereinabove.
Section 4. In adopting this extension, the City Council finds and determines
that each of the recitals contained in Interim Ordinance No. 1609 remains true and
correct, and that the adoption of this extension is necessary to continue protecting the
public safety, health and welfare, in at least the following respects:
(a) If the establishment of medical marijuana clinics is not regulated by
the Lynwood Municipal Code, clinics may be established in locations that may be
inappropriate such as those locations in close proximity to schools, parks and recreation
areas where children congregate, and
(b) If the establishment of medical marijuana clinics is not regulated,
the Planning Commission and City Council will not be able to impose conditions to
mitigate the potential negative impacts of clinics that could result from a large number of
clinics or the potential for crime.
Section 5. That, pursuant to Government Code Section 65858(d), ten days
prior to consideration of this ordinance, the City issued a written' report describing the
measures taken to alleviate the condition which led to the adoption of Interim Ordinance
No. 1609 and this extension thereof.
Section 6. If any section, subsection, sentence, clause, or phrase of this
ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of any competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council hereby declares that it would
have passed this ordinance, and each and every section, subsection, sentence, clause
and phrase thereof not declared invalid or unconstitutional without regard to whether
any portion of the ordinance would be subsequently declared invalid or unconstitutional.
Section 7. This Ordinance shall be published in the Lynwood Press Wave.
PASSED, APPROVED, AND ADOPTED this 16th day of June, 2009.
ATTEST:
/ „r,
a Quinonez, City Clerk
APPROVED AS TO FORM:
Fred Galante, City Attorney
G-� Cam'
Maria T. Santillan, Mayor
APPROVED AS TO CONTENT:
r
Jo than olin, Director of
D elopment Services
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the
above and foregoing Ordinance was duly adopted by the City Council of the City of
Lynwood at its regular meeting held on the 16th day of June, 2009.
AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO,
AND SANTILLAN
NOES:
ABSTAIN:
ABSENT:
Maria Quinonez,
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City
Council of said City, do hereby certify that the above and foregoing is a full, true and
correct copy of Ordinance No. 1615 in my office and that said Ordinance was adopted
on the date and by the vote therein stated. Dated this 16th day of June, 2009.
Maria Quinonez, City Clerk