HomeMy WebLinkAbout02- cc1- Initiate Code AmendmentSTAFF REPORT
DATE: APRIL 20, 2011
TO: PLANNING COMMISSION
FROM: BRIAN SAEKI, COMMUNITY DEVELOPMENT DIRECTOR
DAVID BLUMENTHAL, SENIOR PLANNER
SUBJECT: CONSENT CALENDAR ITEM #1
CODE AMENDMENT INITIATION REQUEST TO AMEND ARTICLE IX OF THE
DOWNEY MUNICIPAL CODE TO PROHIBIT MEDICAL MARIJUANA
DISPENSARIES.
CEQA
Pursuant to Section 15061(b)(3) of the CEQA Guidelines, the code amendment initiation
request is exempt from CEQA since CEQA applies only to projects which have the potential for
causing a significant effect on the environment. Inasmuch as this action only authorizes staff to
study amending the code, it can be seen with certainty that there is no possibility that the activity
in question may have a significant effect on the environment.
RECOMMENDATION
Staff recommends that the Planning Commission initiate the code amendment, thereby directing
staff to analyze the feasibility of prohibiting medical marijuana dispensaries in the City and set a
public hearing at the conclusion of said analysis.
CODE AUTHORITY
Downey Municipal Code Section 9832.04(a) allows the Planning Commission to initiate a code
amendment to Article IX of the Municipal Code.
DISCUSSION
On November 10, 2009, the City Council adopted Ordinance No. 09 -1254, placing a temporary
moratorium on the establishment and operation of medical marijuana dispensaries for a period of
forty -five (45) days. On December 15, 2009, the City Council extended the moratorium for ten (10)
months and fifteen (15) days. The moratorium was further extended for one (1) year on October
26, 2010 and is now set to expire on November 10, 2011.
The recommended action will allow staff to conduct an analysis of the proposed code
amendment and to set a future public hearing on the matter for the Planning Commission to
discuss the amendment.
H:\ PLANNING \BLUMENTHAL \Projects \Medical Marijuana \Staff Report_2011- 4- 20.doc
PLANNING DIVISION
CITY OF DOWNEY, CALIFORNIA