3A Public Hearing 2011 0906 - Laserfiche WebLink

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medical marijuana dispensaries, marijuana cultivation facilities and other related land uses in the City would result in the harmful secondary effects identified above. As a result of the harmful secondary effects associated with medical marijuana dispensaries, and the current and immediate threat such secondary effects pose to the public health, safety, and welfare, it is necessary to extend the moratorium by 12 months for the establishment and operation of new medical marijuana dispensaries, marijuana cultivation facilities or other land uses that could be deemed legal pursuant to passage of a state ballot proposition legalizing marijuana, pending the completion of the City's study of the potential impacts of medical marijuana dispensaries, marijuana cultivation facilities and other related land uses and possible amendments to the City's Zoning Code. Section 3. Compliance with California Environmental Quality Act The City Council finds that this ordinance is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 1'5060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations) because it has no potential for resulting in physical change to the environment, directly or indirectly; it prevents changes in the environment pending the completion of the contemplated Zoning Code review. Section 4. Severability If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. Section 5. Effective Date This ordinance shall become effective immediately upon adoption if adopted by at least four -fifths vote of the City Council and shall be in effect for 12 months from September 30, 2011 as provided for in the Government Code. 4