HomeMy WebLinkAboutORD 05A (2005)ORDINANCE NO. 5A (2005)
AN ORDINANCE OF THE CITY OF DIAMOND BAR PURSUANT TO
GOVERNMENT CODE SECTION 65858 EXTENDING ORDINANCE NO. 05
(2005) WHICH ESTABLISHED A MORATORIUM PROHIBITING THE
ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES AND
DECLARING THE URGENCY THEREOF.
The City Council of the City of Diamond Bar does hereby ordain as follows:
SECTION 1. Moratorium Extened. Ordinance No. 05 (2005), adopted March 15,
2005, is hereby extended for 10 months and 15 days.
SECTION 2. Penalties. Violatior
a misdemeanor and shall be punishable I
in County jail for not to exceed six (6) r
Each and every day such a violation exist
of this Ordinance. In addition to the f
constitute a public nuisance and shall
applicable provisions of law.
of any provision of this Ordinance shall constitute
y a fine not to exceed $1,000 or by imprisonment
Months, or by both such fine and imprisonment.
shall constitute a separate and distinct violation
>regoing, any violation of this Ordinance shall
be subject to abatement as provided by all
SECTION 3. Severability. If any part or provision of this Ordinance or the
application to any person or circumstance is held invalid, the remainder of this Ordinance,
including the application of such part of provision to other persons or circumstances, shall
not be affected and shall continue in full force and effect. To this end, the provisions of this
Ordinance are severable.
SECTION 4. Purpose and Findings; Urgency. Currently medical marijuana
dispensaries are not considered a permitted use of property in any zoning district under the
City's zoning ordinance. in other cities, issues and concerns have occurred related to the
establishment of medical marijuana dispensaries in close proximity to residentially zoned
properties and sensitive uses such as day care centers and schools. Furthermore, there
have been negative impacts on nearby businesses, an increase in loitering around the
dispensaries, armed burglary within dispensaries, pedestrian and vehicle traffic, noise and
parking and traffic violations. As a result, City staff believes that it is necessary to
formulate regulations, consistent with Sta e law, governing the location and operation of
medical marijuana dispensaries in order to protect residents and businesses from harmful
secondary effects of these establishme its, Due to the recent proliferation of such
establishments in other cities, and becau 3e time will be required to prepare and adopt
those regulations, this Ordinance is inter ded to extend an interim moratorium on the
establishment of any medical marijuana d spensaries as of the date of adoption hereof,
until new regulations are prepared and e dopted by the City Council. Based on the
foregoing and the immediate threat to the public health, safety and welfare that
dispensaries pose, this Ordinance is nece sary to alleviate and address that threat until
permanent zoning regulations can be esta ilished. This ordinance is adopted pursuant to
California Government Code Section 65858 and shall take effect immediately upon
adoption by a four-fifths vote of the City i
effect for a period of 10 months and 15 d�
by the City Council in accordance with
Section 65858.
Page 2 of
:ouncil. This ordinance shall be in full force and
ys from the date of its adoption unless extended
rhe provisions of California Government Code
SECTION 5. Conflicting Laws. or the term of this Ordinance, or any extension
thereof, the provisions of this Ordinance s all govern over any conflicting provisions of any
other City code, ordinance, resolution or olicy.
SECTION 6. California Environmental Quality Act Finding. Pursuant to the
provisions of the California Environmental Quality Act (CEQA), Section 15061(b)(3), the
City has determined that this activity is categorically exempt.
PASSED, APPROVED AND ADOPTED this 19th day of April, 2005,
Wen P. Chang,
1, Linda C. Lowry, City CIk o the City of D amond Bar do hereby certify that the foregoing
Ordinance was introduced at a regular meeting of the City Council of the City of Diamond
Bar held an the 19th day of A ril, 2005 and was finally passed at a regular meeting of the
City Council of the City of Diamond Bar held on the 19th day of A rii, 2005 by the following
vote:
AYES; Council Members: pe
V,/
NOES: Council Members: Nn
rap Zirbes,F KPS'/0' Connor,
ABSENT: Council Members: None
ABSTAIN: Council Members: jqojTe
Z
Linda C. Low , City Clerk,
City of Diamond Bar