Medical Marijuana at City Council 7/24 - Item #5

The Medical Marijuana issue will be on the City Council agenda tomorrow moring, 7/24 at 10 a.m. ITEM NO. (5) 11-1737 11-1737-S1 CONTINUED CONSIDERATION OF CATEGORICAL EXEMPTION, PLANNING AND LAND USE MANAGEMENT and PUBLIC SAFETY COMMITTEES’ REPORT and ORDINANCE FIRST CONSIDERATION relative to amending the Los Angeles Municipal Code (LAMC) in response to recent appellate court decisions concerning medical marijuana. Recommendations for Council action, as initiated by Motions (Huizar - Englander) and (Parks - Perry), SUBJECT TO THE APPROVAL OF THE MAYOR: 1. FIND that this action is categorically exempt from California Environmental Quality Act (CEQA) under State CEQA Guidelines sections 15301, 15305, 15308, 15321, 15060(c)(2) and (3), and the corresponding City CEQA Guidelines, because it will not result in a direct, or reasonably foreseeable indirect physical change in the environment, for the reasons set forth in the CEQA Narrative prepared by the Planning Department. (Exhibit Two of the City Attorney report dated May 25, 2012, attached to the Council file). [ENV-2012-1273-CE] 2. ADOPT the May 24, 2012 FINDINGS of the Los Angeles City Planning Commission (LACPC) as the Findings of the Council. 3. PRESENT and ADOPT the accompanying ORDINANCE, approved by the Director of Planning on behalf of the LACPC, repealing and replacing Article 5.1 of Chapter IV of the LAMC in response to recent appellate court decisions, by prohibiting medical marijuana businesses, while preserving the limited state law medical marijuana criminal immunities, until such time as the California Supreme Court rules regarding what cities can and cannot regulate and the City enacts new medical marijuana legislation consistent with that judicial guidance, transmitted by the Office of the City Attorney on May 25, 2012. 4. NOT PRESENT and ORDER FILED the Ordinances transmitted by the Office of the City Attorney on January 6, 2012 and by the LACPC on May 15, 2012. 5. DIRECT the Department of City Planning to file a “Notice of Exemption” with the County Clerk immediately after the proposed Ordinance is approved and passed in final by the City Council. Fiscal Impact Statement: None submitted by the City Attorney and the Planning Department. Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report. Community Impact Statement: Yes For proposal: Sunland Tujunga Neighborhood Council East Hollywood Neighborhood Council Eagle Rock Neighborhood Council Greater Griffith Park Neighborhood Council (Continued from Council meeting of June 22, 2012)