O-023-16 An Interim Urgency Ordinance of the City Council of the City of Colton, California, enacted Pursuant to California Government code section 65858 establishing a temporary moratorium

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 no such use shall be established or continued if previously established, and no use permit, variance, building permit, or any other entitlement or permit, whether administrative or discretionary, shall be approved or issued for the establishment or operation of a dispensary, marijuana cultivation use, marijuana manufacturing use, or delivery or marijuana as defined herein in any zoning district, and no person shall otherwise establish such businesses or operations in any zoning district. SECTION 6. Penalty for Violation. No person, whether as principal, agent, employee or otherwise, shall violate, cause the violation of, or otherwise fail to comply with any of the requirements of this section. Every act prohibited or declared unlawful, and every failure to perform an act made mandatory by this section, shall be a misdemeanor or an infraction, at the discretion of the City Attorney or the District Attorney. In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any of the provisions of this section is declared a public nuisance and may be abated as provided in Chapter 8.12 of this Municipal Code and/or under state law. SECTION 7. Authority. This interim urgency ordinance is enacted pursuant to the authority conferred upon the City Council of the City of Colton by Government Code Section 65858, and therefore shall be in full force and effect immediately upon its adoption by a four-fifths (415) vote of the City Council. This interim urgency ordinance shall continue in effect for forty-five (45) days from the date of its adoption and shall thereafter be of no further force and effect unless, after notice pursuant to Goverrurnent Code Section 65090 and a public hearing, the City Council extends this interim urgency ordinance for an additional period of time pursuant to Government Code 65858. Government Code 65858 further provides that such an urgency measure may be extended following compliance with that section for up to an additional twenty-two (22) months and fifteen (15) days beyond the original forty-five (45) day period. SECTION 8. Council Direction. During the period of this ordinance, and any extension thereof, the City Council hereby directs City staff to: (1) review and consider options for the regulation or prohibition of marijuana cultivation, marijuana manufacturing, and marijuana distribution uses in the City, including but not limited to the development of appropriate rules and regulations governing the location and operation of such uses; and (2) to issue a written report describing the measures which the City has taken to address the conditions which led to the adoption of this ordinance with the City Council ten (10) days prior to the expiration of this interim urgency ordinance, or any extension thereof, and such report shall be made available to the public. SECTION 9. CEQA. This Ordinance is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (`CEQA") Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly. The City Council further finds, under Title 14 of the California Code of Regulations, Section 15061(b)(3), that this Ordinance is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects which have thepotential forcausing a significant effect on the environment. Where � can be seen with certainty that there is no