Page 6 February 4, 2016 PUBLIC NOTICES HAWTHORNE PLANNING COMMISSION NOTICE OF PUBLIC HEARING For the Downtown Hawthorne Specific Plan (DHSP)—1. General Plan Amendment 2016GP01, 2. Specific Plan 2016SGP01, and 3. Environmental Impact Report. PUBLIC NOTICE is hereby given that a public hearing will be held by the City of Hawthorne Planning Commission on Wednesday, February 17, 2016 at 6:00 p.m. in the City Council Chambers, City Hall, 4455 West 126th Street, Hawthorne, California, on the above-mentioned applications. The DHSP area totals approximately 786 acres or 1.23 square miles. The area boundaries include the I-105 Freeway on the north, Freeman Avenue and Prairie Avenue on the east, the city limits on the south and Ramona Avenue and Inglewood Avenue on the west. The existing eight-acre Prestige Village Specific Plan area located at the former RFK Hospital site is not part of the DHSP area. In addition to the major north-south arterial, Hawthorne Boulevard, the project area includes portions of Imperial Highway, 120th Street, El Segundo Boulevard and Rosecrans Avenue. The light rail Metro Green Line runs east-west in the median of I-105 with the Metro Hawthorne/ Lennox Station located at Hawthorne Boulevard at the northern end of the Specific Plan area. A Union Pacific rail line bisects the DHSP area at Hawthorne Boulevard between 120th Street and El Segundo Boulevard. The project will be implemented through the proposed Downtown Hawthorne Specific Plan that establishes the guidelines for future development for the project site. Subsequent zone changes and zoning code amendments will follow that will fully implement the specific plan, if adopted. PURSUANT TO the provisions of the California Environmental Quality Act, the above-mentioned applications are being processed with an Environmental Impact Report (EIR). FURTHER NOTICE is hereby given that any interested person may appear at the meeting and submit oral or written comments regarding the applications for the General Plan Amendment, Change of Zone, Zone Code Amendment, Community Project, Vesting Tentative Tract Map, and Development Agreement or submit oral or written information relevant thereto to the Planning Department, 4455 West 126th Street, Hawthorne, California 90250 prior to the date of this hearing. PLEASE NOTE that pursuant to Government Code Section 65009: In an action or proceeding to attack, review, set aside, void, or annul a finding, determination or decision of the Planning Commission or City Council, the issues raised shall be limited to those raised at the public hearing in this notice or in written correspondence delivered to the Planning Commission or City Council at or prior to the public hearing. Gregg McClain Planning Director Hawthorne Press Tribune Pub. 2/4/16 HH-24981 ORDINANCE NO. 2106 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HAWTHORNE, CALIFORNIA, Adopting a ZOne Text Amemdment to Title 17 of the Hawthorne Municipal COde IMPOSING A EXPRESS BAN ON MARIJUANA CULTIVATION, MARIJUANA PROCESSING, MARIJUANA DELIVERY, AND MARIJUANA DISPENSARIES IN THE CITY WHEREAS, in 1996, the voters of the State of California approved Proposition 215 (codified as Health & Safety Code Section 11362.5 et seq. and entitled “The Compassionate Use Act of 1996” referred to herein as the “CUA”); and WHEREAS, the intent of the CUA was to enable seriously ill Californians to legally possess, use, and cultivate marijuana for medical use under state law once a physician has deemed the use beneficial to a patient’s health; and WHEREAS, in 2003, the California Legislature adopted SB 420, the Medical Marijuana Program (“MMP”), codified as Health and Safety Code Section 11362.7 et seq., which permits qualified patients and their primary caregivers to cultivate marijuana for medical purposes without being subject to criminal prosecution under the California Penal Code; and WHEREAS, neither the CUA nor the MMP require or impose a mandate upon a local government to allow, authorize, or sanction the establishment of facilities that cultivate or process medical marijuana within its jurisdiction; and WHEREAS, in May 2013, the California Supreme Court issued its decision in City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc., et al., holding that cities have the authority to ban medical marijuana land uses; and WHEREAS, under the Federal Controlled Substances Act, codified in 21 U.S.C. Section 801 et seq., the use, possession, and cultivation of marijuana are unlawful and subject to federal prosecution without regard to a claimed medical need; and WHEREAS, on October 9, 2015, Governor Jerry Brown signed the “Medical Marijuana Regulation and Safety Act” (“ Act”), which is comprised of the state legislative bills known as AB 243, AB 266, and SB 643, into law; and WHEREAS, the Act becomes effective January 1, 2016 and contains provisions that govern the cultivating, processing, transporting, testing, and distributing of medical cannabis to qualified patients. The Act also contains new statutory provisions that: Allow local governments to enact ordinances expressing their intent to prohibit the cultivation of marijuana and their intent not to administer a conditional permit program pursuant to Health & Safety Code Section 11362.777 for the cultivation of marijuana (Health & Safety Code § 11362.777(c)(4)); Expressly provide that the Act does not supersede or limit local authority for local law enforcement activity, enforcement of local ordinances, or enforcement of local permit or licensing requirements regarding marijuana (Business & Professions Code § 19315(a)); Expressly provide that the Act does not limit the authority or remedies of a local government under any provision of law regarding marijuana, including but not limited to a local government’s right to make and enforce within its limits all police regulations not in conflict with general laws (Business & Professions Code § 19316(c)); Require a local government that wishes to prevent marijuana delivery activity, as defined in Business & Professions Code section 19300.5(m) of the Act, from operating within the local government’s boundaries to enact an ordinance affirmatively banning such delivery activity (Business & Professions Code § 19340(a)); and WHEREAS, several California cities have reported negative impacts of marijuana cultivation, processing and distribution activities, including offensive odors, illegal sales and distribution of marijuana, trespassing, theft, violent robberies and robbery attempts, fire hazards, and problems associated with mold, fungus, and pests; and WHEREAS, marijuana plants, as they begin to mature, can produce a strong odor, offensive to many people, and detectable far beyond property boundaries if grown outdoors; and WHEREAS, in the case of multiple qualified patients who are in control of the same legal parcel, or parcels, of property, or in the case of collective or cooperative cultivation, or in the case of a caregiver growing for numerous patients, a very large number of plants could be cultivated on the same legal parcel, or parcels, within the City of Hawthorne (“City”); and WHEREAS, the strong smell of marijuana creates an attractive nuisance, alerting persons to the location of the valuable plants, and creating a risk of burglary, robbery or other crime; and WHEREAS, the indoor cultivation of marijuana has potential adverse effects to the building, including the use of high wattage grow lights and excessive use of electricity increases the risk of fire which presents a clear and present danger to the building and its occupants; and WHEREAS, the cultivation or other concentration of marijuana in any location or premises without adequate security increases the risk that nearby homes or businesses may be negatively impacted by nuisance activity such as loitering or crime; and WHEREAS, based on the experiences of other cities, these negative effects on the public health, safety, and welfare are likely to occur, and continue to occur, in the City due to the establishment and operation of marijuana cultivation, processing and distribution activities; and WHEREAS, prior to the effective date of this ordinance, the cultivation, processing and distribution of medical marijuana is prohibited in the City to the extent such activities are prohibited by the Federal Controlled Substances Act or other law; and WHEREAS, the City of Hawthorne Municipal Code (HMC) does not expressly address cultivation, processing and delivery and distribution of medical marijuana; and WHEREAS, based on the findings above, the potential establishment of the cultivation, processing and distribution of medical marijuana in the City without an express ban on such activities poses a current and immediate threat to the public health, safety, and welfare in the City due to the negative impacts of such activities as described above; and WHEREAS, the issuance or approval of business licenses, subdivisions, use permits, variances, building permits, or any other applicable entitlement for marijuana cultivation, processing, delivery, and/or distribution will result in the aforementioned threat to public health, safety, and welfare; and WHEREAS, it is in the interest of the City, its residents, and its lawfully permitted businesses that City adopts this ordinance to expressly prohibit the establishment and operation of marijuana cultivation, processing, delivery, and dispensary activities as well as the issuance of any use permit, variance, building permit, or any other entitlement, license, or permit for any such activity, except where the City is preempted by federal or state law from enacting a prohibition on any such activity or a prohibition on the issuance of any use permit, variance, building permit, or any other entitlement, license, or permit for any such activity. NOW THEREFORE, the City Council of the City of Hawthorne does ordain as follows: Section 1. The City Council of the City of Hawthorne hereby finds that the above recitals are true and correct and are incorporated into the substantive portion of this ordinance. Section 2. The City Council hereby adds the following definitions to Section 17.04.010 of Chapter 17.04 (Definitions) of the HMC to read as follows: “Marijuana” means all parts of the plant Cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. “Marijuana Cultivation” means growing, planting, harvesting, drying, curing, grading, trimming, or processing of marijuana. “Marijuana Processing” means any method used to prepare marijuana or its byproducts for commercial retail and/or wholesale, including but not limited to: drying, cleaning, curing, packaging, and extraction of active ingredients to create marijuana related products and concentrates. “Marijuana Dispensary” or “Marijuana Dispensaries” means any business, office, store, facility, location, retail storefront or wholesale component of any establishment, cooperative or collective that delivers (as defined in Business & Professions Code section 19300.5(m) or any successor statute thereto) whether mobile or otherwise, dispenses, distributes, exchanges, transmits, transports, sells or provides marijuana to any person for any reason, including members of any medical marijuana cooperative or collective consistent with the August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, as may be amended from time to time, that was issued by the office of the Attorney General for the state of California, or for the purposes set forth in California Health and Safety Code Section 11362.5. “Medical marijuana collective” or “Medical marijuana cooperative” means any group that is collectively or cooperatively cultivating and distributing marijuana for medical purposes that is organized in the manner set forth in the August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, as may be amended from time to time, that was issued by the office of the Attorney General for the state of California or subject to the provisions of California Health and Safety Code Section 11362.5 or California Health and Safety Code Sections 11362.7 to 11362.83. Section 3. The City Council hereby adds Section 17.14.030 (Prohibited uses.) to Chapter 17.14 (R-1 Low Density Residential Classification) of the HMC to read as follows: 17.14.030 Prohibited uses. Marijuana cultivation, marijuana processing, marijuana delivery, and marijuana dispensaries, except where the city is prohibited by federal or state law from enacting a prohibition on any such activity. Section 4. The City Council hereby adds Section 17.16.030 (Prohibited uses.) to Chapter 17.16 (R-2 Medium Density Residential Classification) of the HMC to read as follows: 17.16.030 Prohibited uses. Marijuana cultivation, marijuana processing, marijuana delivery, and marijuana dispensaries, except where the city is prohibited by federal or state law from enacting a prohibition on any such activity. Section 5. The City Council hereby adds Section 17.18.030 (Prohibited uses.) to Chapter 17.18 (R-3 High Density Residential Classification) of the HMC to read as follows: 17.18.030 Prohibited uses. Marijuana cultivation, marijuana processing, marijuana delivery, and marijuana dispensaries, except where the city is prohibited by federal or state law from enacting a prohibition on any such activity. Section 6. The City Council hereby adds Section 17.19.030 (Prohibited uses.) to Chapter 17.19 (R-4 Maximum Density Residential Classification) of the HMC to read as follows: 17.19.030 Prohibited uses. Marijuana cultivation, marijuana processing, marijuana delivery, and marijuana dispensaries, except where the city is prohibited by federal or state law from enacting a prohibition on any such activity. Section 7. The City Council hereby amends Section 17.25.025 (Prohibited uses.) of Chapter 17.25 (C-1 Freeway Commercial/ Mixed Use Classification) of the HMC by adding the following: Marijuana cultivation, marijuana processing, marijuana delivery, and marijuana dispensaries, except where the city is prohibited by federal or state law from enacting a prohibition on any such activity. Section 8. The City Council hereby amends Section 17.26.025 (Prohibited uses.) of Chapter 17.26 (C-2 Local Commercial Classification) of the HMC by adding the following: Marijuana cultivation, marijuana processing, marijuana delivery, and marijuana dispensaries, except where the city is prohibited by federal or state law from enacting a prohibition on any such activity. Section 9. The City Council hereby amends Section 17.28.025 (Prohibited uses.) of Chapter 17.28 (C-3 General Commercial Classification) of the HMC by adding the following: Marijuana cultivation, marijuana processing, marijuana delivery, and marijuana dispensaries. Section 10. The City Council hereby amends Section 17.32.025 (Prohibited uses.) of Chapter 17.32 (M-1 Limited Industrial Classification) of the HMC by adding the following: Marijuana cultivation, marijuana processing, marijuana delivery, and marijuana dispensaries, except where the city is prohibited by federal or state law from enacting a prohibition on any such activity. Section 11. The City Council hereby adds Section 17.34.025 (Prohibited uses.) to Chapter 17.34 (M-2 Heavy Industrial Classification) of the HMC by adding the following: Marijuana cultivation, marijuana processing, marijuana delivery, and marijuana dispensaries, except where the city is prohibited by federal or state law from enacting a prohibition on any such activity. Section 12. The City Council hereby amends Section 17.87.050 (Uses prohibited.) of Chapter 17.87 (Mixed Use Overlay Zone) of the HMC by adding the following: Marijuana cultivation, marijuana processing, marijuana delivery, and marijuana dispensaries, except where the city is prohibited by federal or state law from enacting a prohibition on any such activity. Section 13. The City Council finds that the prohibitions on marijuana cultivation, marijuana processing, marijuana delivery, and marijuana dispensaries are necessary for the preservation and protection of the public health, safety, and welfare for the City and its community. The City Council’s prohibition of such activities is within the authority conferred upon the City Council by state law. Section 14. The City Council finds that this ordinance: (1) expresses its intent to prohibit the cultivation of marijuana in the City and to not administer a conditional permit program pursuant to Health & Safety Code section 11362.777 for the cultivation of marijuana in the City; (2) exercises its local authority to enact and enforce local regulations and ordinances, including those regarding the permitting, licensing, or other entitlement of the activities prohibited by this chapter; (3) exercises its police power to enact and enforce regulations for the public benefit, safety, and welfare of the City and its community; and (4) expressly prohibits the delivery of marijuana in the City. Section 15. The City Council finds that marijuana cultivation, marijuana processing, marijuana delivery, and marijuana dispensaries shall be prohibited activities in the City, except where the City is preempted by federal or state law from enacting a prohibition on any such activity. No use permit, variance, building permit, or any other entitlement, license, or permit, whether administrative or discretionary, shall be approved or issued for the activities of marijuana cultivation, marijuana processing, marijuana delivery, or the establishment or operation of a marijuana dispensary in the City, and no person shall otherwise establish or conduct such activities in the City, except where the City is preempted by federal or state law from enacting a prohibition on any such activity for which the use permit, variance, building permit, or any other entitlement, license, or permit is sought. Section 16. The Planning Department Staff determined that the proposed amendments to the Hawthorne Municipal Code contained in this Resolution constitute a project within the scope of the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines. The project qualifies as a Class 5 Project (Minor Alternations in Land Use Limitations) pursuant to CEQA Guidelines Section 15305 and thus are exempt from environmental review. The project qualifies as a Class 5 Project (Minor Alternations in Land Use Limitations) pursuant to CEQA Guidelines Section 15305 and thus are exempt from environmental review. This exemption is applicable because the amendment does not change the land uses allowed on areas of slopes greater than 20% and does not increase density in the zone. Section 17. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses or phrases be declared, invalid or unconstitutional. Section 18. This ordinance shall be in full force and effect thirty (30) days after its adoption by a majority vote of the City Council. The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause this ordinance, or a summary thereof, to be published. Passed, approved and adopted this 26th day of January, 2016. ALEX VARGAS, MAYOR City of Hawthorne, California ATTEST: NORBERT HUBER, CITY CLERK City of Hawthorne, California APPROVED AS TO FORM: RUSSELL I. MIYAHIRA, CITY ATTORNEY City of Hawthorne, California I, Monica Dicrisci, the duly appointed Deputy City Clerk of the City of Hawthorne, California, DO HEREBY CERTIFY that the foregoing Ordinance, No. 2106 was duly adopted by the City Council of the City of Hawthorne, at their regular meeting of the City Council held January 26, 2016 and that it was adopted by the following vote, to wit: AYES: Councilmembers Awad, Reyes English, Michelin, Mayor Vargas. NOES: None. ABSTAIN: None. ABSENT: None. Hawthorne Press Tribune Pub. 2/4/16 HH-24986 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT 2016CU01 PUBLIC NOTICE is hereby given that the Planning Commission of the City of Hawthorne will hold a public hearing on Conditional Use Permit 2016CU01 as follows: Day: Wednesday Date: February 17, 2016 Time: 6:00 p.m. Place: City Council Chambers 4455 West 126th Street Hawthorne, CA 90250 Project Title: Conditional Use Permit No. 2016CU01 Project Location: City of Hawthorne, Los Angeles County, State of California Total of 7 Parcels: 4041-014-907, 909, 910, 914, 915, 916 Project Description: Conditional Use Permit Application No. 2016CU01 is a request by the City of Hawthorne, property owner, to permit the development of a hotel and to permit that hotel to be over 5 stories in height. The project encompasses several parcels (6 parcels: 4041-014-907, 909, 910, 914, 915, and 916) and are bounded by 126th Street to the north, Hawthorne Blvd. to the east, El Segundo Blvd. to the south, and Grevillea Ave. to the west. The parcels are located within the C-3 (General Commercial) Zone. PURSUANT TO the provisions of the California Environmental Quality Act, the application is categorically exempt from the requirements for preparation of a Negative Declaration or Environmental Impact Report. FURTHER NOTICE is hereby given that any interested person may appear at the meeting and submit oral or written comments or submit oral or written information relevant thereto to the Planning Department, 4455 West 126th Street, Hawthorne, California 90250 prior to the date of this hearing. PLEASE NOTE that pursuant to Government Code Section 65009: In an action or proceeding to attack, review, set aside, void, or annul a finding, determination or decision of the Planning Commission or City Council, the issues raised shall be limited to those raised at the public hearing in this notice or in written correspondence delivered to the Planning Commission or City Council at or prior to the public hearing. Maria Majcherek Associate Planning Hawthorne Press Tribune Pub. 2/4/16 HH-24987 concerns and about their health and health habits,” Dr. Cole says. “This is especially true for parents of young children who may be worried about how anesthesia could affect the child, and for older adults who might be taking medications that can increase the risk of complications.” Dr. Cole offers these tips. For adults: Whatever your age, make sure the physician anesthesiologist knows everything about your health and lifestyle. Talk about: • Chronic conditions such as allergies, asthma, sleep apnea or diabetes. • Medications you take, including over the-counter medications and nutritional supplements. • Your smoking history and alcohol consumption. Seniors Surgery And Anesthesia: Making It Safer At Any Age (BPT) - Anesthesia today is safer than ever. But try telling that to a nervous parent of a 5-year-old about to have surgery, or to a patient in his 70s in poor health. Talking to your surgeon and physician anesthesiologist before surgery is an important step in making sure your experience is as safe and comfortable as possible - regardless of your age. But for children and older adults, that conversation is especially important. Dr. Daniel J. Cole, president of the American Society of Anesthesiologists, has tips for patients of all ages during Physician Anesthesiologists Week, which runs Jan. 31 - Feb. 6. “Most people don’t know that before their surgery they can and should talk with their physician anesthesiologist about their • Your options for controlling pain during recovery. All these factors could influence how anesthesia affects you and how well you recover from your surgery. For older adults: People who are older are more likely to have medical conditions or take medications that could make surgery and recovery more difficult. Older adults also are more at risk for developing postoperative delirium, a type of confusion that can be unpleasant for the patient and alarming for the family. • Follow Us on Twitter @heraldpub Like Us on Facebook Visit us online www. heraldpublications.com
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