HomeMy WebLinkAbout16-54 - Costa Mesa Medical Marijuana MeasureRESOLUTION NO. 16-54
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, APPROVING THE DETERMINATION AND FILING OF A NOTICE OF
EXEMPTION PURSUANT TO THE PROVISIONS THE CALIFORNIA QUALITY ACT
(CEQA) FOR AN INITIATIVE ORDINANCE ENTITLED THE COSTA MESA MEDICAL
MARIJUANA MEASURE
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS
FOLLOWS:
WHEREAS, City staff have reviewed the proposed initiative ordinance, entitled the
Costa Mesa Marijuana Measure ("CMMM"), adding a new Section to Title 9, Chapter I,
Article 4 regarding Marijuana Tax and a new Chapter VI "Medical Marijuana Business
Permits" to Title 9; adding a new Article 21 "Medical Marijuana Distributing,
Manufacturing, Research and Development and Testing to Chapter IX of Title 13; and
amending Table 13-30 Of Chapter IV, Citywide Land Use Matrix, of Title 13 of the Costa
Mesa Municipal Code ("CMMC");
WHEREAS, the revisions to the CMMC have been reviewed for compliancewith
the California Environmental Quality Act ("CEQA"), CEQA Guidelines, and the City's
environmental processing procedures;
WHEREAS, City staff have determined that the CMMMM is exempt from review
under the California Environmental Quality Act pursuant to the following Sections of Title
14, Chapter 3, California Code of Regulations:
A. The initiative ordinance is exempt under Section 15061(b)(3) because it is
covered by the general rule that CEQA applies only to projects which have the
potential for causing a significant effect on the environment. In this case, it can
be seen with certainty that there is no possibility that the proposed initiative
ordinance may have a significant effect on the environment and is therefore not
subject to CEQA.
B. The initiative ordinance is also exempt under Section 15183 (projects
consistent with a community plan, general plan, or zoning) for which an EIR
has been previously certified, since the types of businesses that would be
conditionally permitted by the revisions to the CMMC are consistent with those
contemplated by the general plan and existing zoning, such as distribution,
manufacturing, and laboratory testing of other products; and
WHEREAS, a Notice of Exemption shall be prepared for the Project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Costa Mesa
does resolve as follows:
Resolution No. 16-54 Page 1 of 2
SECTION 1. Based on the review and determination of the Development Services
Division, the City Council of the City of Costa Mesa finds that the initiative ordinance is
exempt from review under the California Environmental Quality Act.
SECTION 2. A Notice of Exemption is approved for the Project.
SECTION 3. The City Clerk may file the Notice of Exemption with the County Clerk
of Orange County and, if the Project requires a discretionary approval from any state
agency, with the State Office of Planning and Research, pursuant to the provisions of
Section 21152(b) of the Public Resources Code and the State EIR Guidelines adopted
pursuant thereto.
SECTION 4. That the City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions.
PASSE
James M
ATTEST:
ADOPTED this 5th day of July, 2016.
Mayor Pro Tem
/- L2LAI
Brenda Green, City Clerk
STATE OF CALIFORNIA)
COUNTY OF ORANGE) ss
CITY OF COSTA MESA)
APPROV TO ORM:
IIA'A'
Thom s Dua , Ci y Attorney
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that
the above and foregoing is the original of Resolution No. 16-54 and was duly passed and
adopted by the City Council of the City of Costa Mesa at a regular meeting held on the
5th day of July, 2016, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: Foley, Genis, Monahan, Righeimer, and Mensinger
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of
Costa Mesa this 6th day of July, 2016.
.. Green, dijy Clerk
Resolution No. 16-54 Page 2 of 2