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HomeMy WebLinkAboutORD 1318ORD 1318Ä—ÀHÄ—@¸—‘.Í«ORDINANCE NO. 1318 AN INTERIM ORDINANCE OF THE CITY OF BALDWIN PARK EXTENDING A CITYWIDE MORATORIUM ON THE ESTABLISHMENT MEDICINAL MARIJUANA DISPENSARIES WITHIN THE CITY OF BALDWIN PARK WHEREAS, on June 20, 2007 the City Council of the City of Baldwin Park adopted Ordinance 1305, enacting a moratorium prohibiting the establishment of medicinal marijuana dispensaries within the City of Baldwin park; and WHEREAS, on August 1, 2007, the City Council conducted a public hearing, notice of which was given pursuant to Government Code Section 65090, on the potential extension of the moratorium imposed by Ordinance 1305 and ordinance 1307 was adopted extending the moratorium until June 15, 2008; and WHEREAS, on June 4, 2008, the City Council conducted a public hearing, notice of which was given pursuant to Government Code Section 65090, on the potential extension of the moratorium extended by Ordinance 1307. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ORDAINS AS FOLLOWS: SECTION 1. Based upon the information presented at the public hearing, including, but not limited to, the oral and written staff reports, the City Council hereby finds and determines as follows: SECTION 2. Following the updating of the General Plan of the City of Baldwin Park in November 2002, the City Council directed the Planning Division to review the City's Zoning Code and Zoning Maps to assure that they are consistent with the revised general Plan Land use map and other provisions of the General Plan as well as internally consistent, understandable, and in compliance with all applicable federal and state law. The Planning Division has undertaken the preliminary steps required for such work, including but not limited to the preparation of an Administrative Draft of the Zoning Code, and is actively proceeding with the studies required to implement the City Councils direction. SECTION 3. Pursuant to Government Code 65858, the City Council hereby extends, until the earlier of June 15, 2009 being twelve 12) months after the date of termination set forth in Ordinance No 1307) or the effective date of new zoning requirements for the development of medicinal marijuana dispensaries, the moratorium established by Ordinance 1305 and extended by Ordinance 1307 on the development of all medicinal marijuana dispensaries within the City and on the issuance of any permits, approvals or entitlements for use for such development, including, but not limited to, subdivisions, use permits, variances, building permits, or any other applicable permits or entitlement for use which is required in order to comply wit the City's zoning laws, rules and regulations or with the Baldwin Park Municipal Code. BIB] 39636-U01 ORD-U02 1318-U02 LI2-U03 FO8535-U03 FO117548-U03 DO118417-U03 C5-U03 ORDINANCES-U03 7/2/2008-U04 ROBIN-U04 ORD 1318Ä—ÀHÄ—@¸—‘.Í«Ordinance 1318 Page 2 SECTION 4. This ordinance is an interim ordinance and shall take effect immediately. This is an interim ordinance adopted pursuant to section 65858, subdivision a) of the Government Code and shall expire on the earlier of June 15, 2009 or the effective date of new zoning requirements for the development of medicinal marijuana dispensaries. This ordinance may not be extended. SECTION 5. If any part or provision of this ordinance or its application to any person or circumstance, is held invalid, then the remainder of the ordinance, including the application of such part or 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. APPROVED, PASSED AND ADOPTE ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, LAURA M. NIETO, Deputy City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Ordinance 1318 was adopted as an urgency matter at a regular meeting of the City Council held June 4, 2008, by the following vote of the Council: AYES: COUNCILMEMBERS: Marlen Garcia, Monica Garcia, Ricardo Pacheco, Mayor Pro Tern Anthony J. Bejarano and Mayor Manuel Lozano NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE UV URA M. NIETO I EPUTY CITY CLERK /cjo6 Date BIB] 39636-U01 ORD-U02 1318-U02 LI2-U03 FO8535-U03 FO117548-U03 DO118417-U03 C5-U03 ORDINANCES-U03 7/2/2008-U04 ROBIN-U04