HomeMy WebLinkAboutORD-14-06 Amend 17.02- Issuance of PermitsORDINANCE NO. 14-
06 AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ORANGE AMENDING
CHAPTER 17.02 OF THE ORANGE MUNICIPAL
CODE RELATING TO USES FOR WHICH
PERMITS WILL BE
ISSUED.WHEREAS, currently there is nothing codified in the Orange Municipal Code
that requires permitted land uses to be consistent with both federal and state law, creating
a situation where a use can be permitted under one jurisdiction and illegal under
another jurisdiction;
and WHEREAS, City staff has received several inquiries regarding the rules
and regulations for the operation of medical marijuana dispensaries which are legal under state
law through the Compassionate Use Act and illegal under federal law because the
Controlled Substances Act classifies marijuana as a Schedule I narcotic and the possession and/
or distribution of marijuana is prohibited;
and WHEREAS, City staff has informed the inquiring persons that it will not issue
permits for marijuana dispensaries because the use is illegal under federal law;
and WHEREAS, Ordinance No. 14-06 will provide specific authority for City
staff to decline to process an application for a use that violates controlling federal or state
law by requiring all locally permitted land uses to be consistent with controlling federal and
state
law;and WHEREAS, this project is categorically exempt form the provisions of
the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15305 (Class
5 -Exemption-Minor Alterations to Land Use Limitations) because it is a minor alteration
to land use limitations that does not result in any change to land use or density.
The proposed modification to the zoning ordinance merely adds text that requires all approved
land uses,permits, licenses and other instruments approved and/or issued by the City for land uses
to be consistent with federal, state and local
laws; and WHEREAS, the City Council conducted one duly advertised public
hearing on November 14, 2006 at which time interested persons had an opportunity to testify
either in support of or opposition to the changes to Chapter 17.02 of Title 17 of the
Orange
Municipal Code.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY
OF ORANGE DOES ORDAIN
AS FOLLOWS:
SECTION I:Section 17.02.010 ofthe Orange Municipal Code is hereby amended to read
All land uses and provIsIOns of this title shall be consistent with
controlling federal, state and local law. In interpreting and applying the
provisions of this title, they shall be held to be the minimum requirementforthepromotionofthepublicsafety, health, convenience, comfort,
prosperity or general welfare. It is not intended by this title to interfere
with or abrogate or annul any easements, covenants, or other agreementsbetweenparties; provided, however, that where this title imposes a greaterrestrictionupontheuseofbuildingsorpremisesoruponheightof
buildings or requires larger space than is imposed or required by other
ordinances, rules or regulations or by easements, covenants or agreements,the provisions ofthis title shall govern."
SECTION II:
Section 17.02.020 of the Orange Municipal Code is hereby amended to read as follows:
All officers and employees of the City authorized or required by law to
issue permits, licenses or other instruments of authority for the erection or
locating of any building, structure or installation or the permitting of anylandusewithinthemeaningofthistitleshallissuenosuchpermit, license
or instrument which would be contrary to the provisions of controlling
state or federal law, or the provisions of this title. Any permit, license or
instrument issued in conflict with the provisions of controlling state or
federal law, or the provisions of this title shall be null and void."
SECTION III:
Should any section, subsection, clause, or provision of this Ordinance for any reason be
held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the
validity or constitutionality of the remaining portions of this Ordinance; it being hereby
expressly declared that this Ordinance, and each section, subsection, sentence, clause and
phrase hereof would have been prepared, proposed, approved and ratified irrespective of the
fact that anyone or more sections, subsections, sentences, clauses or phrases be declared
invalid or unconstitutional. This Ordinance shall be prospective in application from its
effective date.
SECTION IV:
A summary of this Ordinance shall be published and a certified copy of the full text of
this Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to the
City Council meeting at which this Ordinance is to be adopted. A summary of this Ordinance
shall also be published once within fifteen (15) days after this Ordinance's passage in a
newspaper of general circulation, published, and circulated in the City of Orange. The CityClerkshallpostintheOfficeoftheCityClerkacertifiedcopyofthefulltextofsuchadoptedOrdinancealongwiththenamesofthoseCityCouncilmembersvotingforandagainstthe
Ordinance in accordance with Government Code Section 36933. This Ordinance shall take
effect thirty (30) days from and after the date of its final passage.
Ord. No. 14-06
ADOPTED this 28th day of November, 2006.
t-
IN Mark A. Murphy,
Mayor,
ATTEST:
e ,STATE OF
CALIFORNIA )COUNTY OF
ORANGE )CITY OF
ORANGE )I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby
certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held
on the 14th day of November, 2006, and thereafter at the regular meeting of said City Council
duly held on the 28th day of November, 2006, was duly passed and adopted by the following
vote,to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:COUNCILMEMBERS: Smith, Murphy, Cavecche,
Dumitru COUNCILMEMBERS:
None COUNCILMEMBERS:
None COUNCILMEMBERS:
None Mary E. M
CityCle Ord. No. 14-