2016 Nov 15 - CC PACKET SPCSPECIAL AGENDA
EL SEGUNDO CITY COUNCIL
COUNCIL CHAMBER — 350 Main Street
The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items.
Unless otherwise noted in the Agenda, the Public can only comment on City - related businesses that are within the
jurisdiction of the City Council and /or items listed on the Agenda during the Public Communications portion of this
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meeting, please contact the City Clerk, 524 -2307. Please notify 48 hours prior to the meeting, which will enable
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SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, NOVEMBER 15, 2016
7:00 p.m.
7:00 P.M. SESSION
CALL TO ORDER
PLEDGE OF ALLEGIANCE Rabbi David, Jewish Community Center
ROLL CALL Mayor Pro Tern Boyles
PUBLIC COMMUNICATIONS — (Related to City Business Only) — 5 minute limit per person,
30 minute limit total) Pursuant to Government Code § 54954.3(a), the only public comment that will be
permitted during this Special Meeting is that pertaining to the agenda item listed below. Individuals who have
received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on
their behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall
be a misdemeanor and punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow
Council to take action on any item not on the agenda. The Council will respond to comments after Public
Communications is closed.
NEW BUSINESS
1. Consideration and possible action regarding (i) the adoption of two urgency
ordinances expressly prohibiting commercial marijuana activity and personal
cultivation of marijuana in the City of El Segundo, and prohibiting permit issuance for
marijuana - related land uses within the City for 45 -days and (ii) introduction and first
reading of an ordinance prohibiting commercial marijuana activity and personal
cultivation of marijuana in the City.
(Fiscal Impact: N /A)
Recommendation:
1) Adopt by 4/5 vote an Urgency Ordinance entitled:
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF EL SEGUNDO ADDING CHAPTER 14 TO TITLE 4 AND
AMENDING CHAPTER 11 OF TITLE 7 OF THE MUNICIPAL CODE TO
EXPRESSLY PROHIBIT ALL COMMERCIAL MARIJUANA ACTIVITY
AND THE PERSONAL CULTIVATION OF MARIJUANA TO THE
EXTENT ALLOWED BY STATE LAW
2) Adopt by 4/5 vote an Urgency Ordinance entitled:
AN URGENCY ORDINANCE PROHIBITING PERMIT ISSUANCE
FOR MARIJUANA - RELATED LAND USES WITHIN THE CITY FOR A
PERIOD OF FORTY -FIVE DAYS TO CONSIDER AMENDING TITLE
15 OF THE EL SEGUNDO MUNICIPAL CODE
3) Waive first reading and introduce an Ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO ADDING CHAPTER 14 TO TITLE 4 AND AMENDING
CHAPTER 11 OF TITLE 7 OF THE MUNICIPAL CODE TO
EXPRESSLY PROHIBIT ALL COMMERCIAL MARIJUANA ACTIVITY
AND THE PERSONAL CULTIVATION OF MARIJUANA TO THE
EXTENT ALLOWED BY STATE LAW
4) Alternatively, discuss and take other action related to this item,
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CLOSED SESSION
The City Council may move into a closed session pursuant to applicable law, including the Brown
Act (Government Code Section §54960, et seq.) for the purposes of conferring with the City's Real
Property Negotiator; and /or conferring with the City Attorney on potential and /or existing litigation;
and /or discussing matters covered under Government Code Section §54957 (Personnel); and /or
conferring with the City's Labor Negotiators.
REPORT OF ACTION TAKEN IN CLOSED SESSION (if required)
ADJOURNMENT
POSTED: DATE: i/- /4
TIME:
NAME:
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EL SEGUNDO CITY COUNCIL MEETING DATE: November 15, 2016
AGENDA ITEM STATEMENT AGENDA HEADING: New Business
AGENDA DESCRIPTION:
Consideration and possible action regarding (i) the adoption of two urgency ordinances expressly
prohibiting commercial marijuana activity and personal cultivation of marijuana in the City of El
Segundo, and prohibiting permit issuance for marijuana - related land uses within the City for 45-
days and (ii) introduction and first reading of an ordinance prohibiting commercial marijuana
activity and personal cultivation of marijuana in the City.
RECOMMENDED COUNCIL ACTION:
1. Adopt by 4/5 vote an Urgency Ordinance entitled:
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO ADDING CHAPTER 14 TO TITLE 4 AND AMENDING CHAPTER
11 OF TITLE 7 OF THE MUNICIPAL CODE TO EXPRESSLY PROHIBIT ALL
COMMERCIAL MARIJUANA ACTIVITY AND THE PERSONAL
CULTIVATION OF MARIJUANA TO THE EXTENT ALLOWED BY STATE
LAW
2. Adopt by 4/5 vote an Urgency Ordinance entitled:
AN URGENCY ORDINANCE PROHIBITING PERMIT ISSUANCE FOR
MARIJUANA - RELATED LAND USES WITHIN THE CITY FOR A PERIOD OF
FORTY -FIVE DAYS TO CONSIDER AMENDING TITLE 15 OF THE EL
SEGUNDO MUNICIPAL CODE
3. Waive first reading and introduce an Ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO
ADDING CHAPTER 14 TO TITLE 4 AND AMENDING CHAPTER 11 OF TITLE
7 OF THE MUNICIPAL CODE TO EXPRESSLY PROHIBIT ALL
COMMERCIAL MARIJUANA ACTIVITY AND THE PERSONAL
CULTIVATION OF MARIJUANA TO THE EXTENT ALLOWED BY STATE
LAW
4. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Proposed ordinances.
FISCAL IMPACT: N/A
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
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ORIGINATED BY: City Attorney's office r
APPROVED BY: Greg Carpenter, City Manager /(J '
BACKGROUND AND DISCUSSION:
On November 8, 2016, the voters approved a statewide initiative entitled the "Control, Regulate
and Tax Adult Use of Marijuana Act" (the "AUMA "). The AUMA controls and regulates the
cultivation, processing, manufacture, distribution, testing and sale of nonmedical marijuana,
including marijuana products, for use by adults 21 years of age or older. The AUMA does not,
and cannot, affect federal laws and regulations pertaining to marijuana or its derivatives. The
AUMA expressly preserves local control over the regulation of marijuana - related business and
marijuana - related land uses.
The following are some of the key provisions in the AUMA:
• It is now lawful under state and local law for persons 21 years of age or older to possess,
process, transport, purchase, obtain, or give away to persons 21 years of age or older
without any compensation whatsoever up to 28.5 grams of marijuana in the form of
concentrated cannabis or not more than eight grams of marijuana in the form of
concentrated cannabis contained within marijuana products. (Health & Safety Code §
11362.1, subds. (a)(1) and (a)(2).)
• A person 21 years of age or older may possess, plant, cultivate, harvest, dry, or process
not more than six living marijuana plants and possess the marijuana produced by the
plants. (Health & Safety Code § 11362.1, subd. (a)(3).) A city or county may adopt and
enforce reasonable regulations pertaining this personal cultivation of marijuana, but no
city or county may completely prohibit the personal cultivation of marijuana if it is
conducted within a private residence or within an accessory structure to a private
residence. (Health & Safety Code § 11362.2, subds. (b)(1) and (b)(2).)
• Local jurisdictions may adopt and enforce local ordinances to regulate state - licensed
marijuana business, including, but not limited to, local zoning and land use requirements,
business license requirements, and requirements related to reducing exposure to
secondhand smoke. Local jurisdictions may also completely prohibit the establishment
or operation of one or more types of marijuana - related businesses licensed pursuant to the
AUMA. (Business & Professions Code § 26200.)
• Local jurisdictions may not prevent transportation of marijuana or marijuana products on
public roads by a state licensee transporting marijuana or marijuana products in
compliance with state law.
• The AUMA does not permit smoking of marijuana in public places or other places where
tobacco smoking is prohibited, and prescribes penalties for violators. (Health & Safety
Code §§ 11362.3, subds. (a)(1) and (a)(2); 11362.4, subds. (a) and (b).)
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Pursuant to Government Code sections 36934 and 36937, a city may adopt an urgency ordinance
that takes effect immediately if necessary to preserve the public peace, health or safety.
Marijuana uses are known to result in negative direct and secondary impacts on the health, safety
and welfare of citizens, particularly when unregulated. These negative impacts include illegal
sales and distribution of marijuana, trespassing, theft, violent robberies and robbery attempts, fire
hazards and building hazards, and offensive odors. In addition to the negative effects recited
above, marijuana cultivation and distribution can attract crime, lead to fires, expose minors to
marijuana, negatively impact neighborhoods, damage buildings, require dangerous electrical
alterations and use, and create the nuisance of strong and noxious odors.' In Colorado, where
recreational marijuana is legal and commercialized, marijuana- related traffic deaths increased
92% from 2010 to 2014 while all traffic deaths increased only 8 percent during the same time
period .2 Use of marijuana by Colorado teens ages 12 -17 is at least 56% higher than the national
average.3 A study released in May 2016 by AAA Foundation for Traffic Research found that
fatal crashed involving drivers who recently used marijuana doubled in the state of Washington
after it legalized marijuana.4 Such studies are available for public review in the City Clerk's
office.
Based on these facts and other evidence, there is a concern that the proliferation of marijuana -
related businesses and activities in the City would result in increased crime and other negative
secondary effects like those experienced in other communities throughout California and around
the country. By expressly prohibiting commercial marijuana activities and marijuana cultivation
to the maximum extent authorized by State law, the City can further safeguard against the
detrimental secondary impacts associated with such activities. A complete prohibition on
commercial marijuana activities and marijuana cultivation in the City of El Segundo is necessary
to avoid the deleterious secondary effects of such activity as detailed herein.
Moreover, the possession, use, transportation, distribution, sale, and other marijuana- related
activities, for medical or recreational purposes, remain illegal under the federal Controlled
Substances Act. Marijuana is classified as a Schedule 1 substance; a designation reserved for
substances with a high propensity for abuse and addiction, and lacking any recognized medical
benefits.
At this time it is unclear how the AUMA will be implemented by the State, and whether the
statutory scheme will adequately address local health, safety, and welfare concerns. The City has
not yet studied the potential health, safety, and welfare impacts of recreational marijuana on local
residents, businesses, and the community, and the City has not yet made a determination as to the
locations, zoning districts, or development standards that should be applied to marijuana - related
uses to preserve such interests, or whether a complete ban on such uses is necessary and
appropriate.
' White Paper on Marijuana Dispensaries, California Police Chiefs Association's Task Force on
Marijuana Dispensaries, April 22, 2009, p. 12.
2 The Legalization of Marijuana in Colorado: The Impact, Rocky Mountain High Intensity Drug
Trafficking Area, Vol. 3, September 2015, pp. 14 -15.
3 Id. at pp. 35 -36.
a Prevalence of Marijuana Involvement in Fatal Crashes: Washington, 2010 -2014, May 2016, AAA
Foundation for Traffic Safety.
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Presently, the Municipal Code prohibits commercial cannabis activities, cultivation of medical
cannabis, delivery of medical cannabis, medical marijuana dispensaries, and medical marijuana
collectives throughout the city. The proposed ordinances extend the prohibition to all
commercial marijuana activities that are now permissible under state law, including a prohibition
on all outdoor cultivation of marijuana, regardless of purpose.
Two urgency ordinances are presented for the Council's consideration. The first ordinance adds
Chapter 14 to Title 4 and amends Chapter 11 of Title 7 to expressly prohibit all commercial
marijuana activities (regardless of purpose) and to prohibit all cultivation of marijuana with the
exception of the cultivation of up to six plants within a private residence. Under the AUMA,
cities and counties may not completely prohibit indoor personal cultivation of up to six
marijuana plants, but may enact and enforce reasonable regulations pertaining to personal, indoor
cultivation. The second ordinance focuses on marijuana - related land uses and imposes a 45 -day
moratorium on all marijuana- related land uses, as defined, during which time no permit or
license of any kind can be issued for a marijuana - related land use. The moratorium will allow
reasonable time for the City to consider whether to formulate and adopt zoning standards and
regulations governing marijuana - related land uses, or whether to prohibit such uses in their
entirety. Adoption of an urgency ordinance requires a 4/5 vote of the City Council.
In addition to the two urgency ordinances, staff recommends the City Council introduce on first
reading a regular, non - urgency ordinance adding Chapter 14 to Title 4 and amending Chapter 11
of Title 7 in an identical manner. Introduction of an identical non - urgency ordinance at the same
meeting at which an urgency ordinance is adopted is a common method used to "back up" the
action taken in the urgency ordinance. If the urgency clause is successfully challenged, the non-
urgency version of the ordinance will already be effective. In such a case, only those actions
taken or citations issued prior to the effective date of the non - urgency ordinance are vulnerable
to challenge.
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ORDINANCE NO.
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
EL SEGUNDO ADDING CHAPTER 14 TO TITLE 4 AND AMENDING
CHAPTER 11 OF TITLE 7 OF THE MUNICIPAL CODE TO EXPRESSLY
PROHIBIT ALL COMMERCIAL MARIJUANA ACTIVITY AND THE
PERSONAL CULTIVATION OF MARIJUANA TO THE EXTENT
ALLOWED BY STATE LAW
The City Council of the City of El Segundo does ordain as follows:
SECTION 1: The City Council finds and determines as follows:
A. On November 5, 1996, the voters of the State of California approved
Proposition 215, codified as Health and Safety Code Section 11362.5 et seq., and
entitled the Compassionate Use Act of 1996 ( "CUA "). The CUA exempts qualified
patients and their primary caregivers from criminal liability under state law for the
possession and cultivation of marijuana for personal medical use.
B. The intent of the CUA was to enable persons in the State of California who
are in need of marijuana for medicinal purposes to obtain it and use it under limited,
specified circumstances.
C. The State enacted Senate Bill 420 in October 2003, codified a Health and
Safety Section 11362.7, et seq., ( "Medical Marijuana Program Act," or "MMPA ") to
clarify the scope of the Compassionate Use Act of 1996 and to allow cities and other
governing bodies to adopt and enforce rules and regulations consistent with SB 420.
The MMPA created a state - approved voluntary medical marijuana identification card
program and provided for certain additional immunities from state marijuana laws.
Assembly Bill 2650 (2010) and Assembly Bill 1300 (2011) amended the Medical
Marijuana Program to expressly recognize the authority of counties and cities to "[a]dopt
local ordinances that regulate the location, operation, or establishment of a medical
marijuana cooperative or collective" and to civilly and criminally enforce such
ordinances.
D. The CUA and MMPA do not "legalize" marijuana, but provide limited
defenses to certain categories of individuals with respect to certain conduct and certain
state criminal offenses.
E. In City of Riverside v. Inland Empire Patients Health and Wellness Center,
Inc. (2013) 56 CalAth 729, the California Supreme Court held that "[n]othing in the CUA
or the MMP expressly or impliedly limits the inherent authority of a local jurisdiction, by
its own ordinances, to regulate the use of its land...." Additionally, in Maral v. City of
Live Oak (2013) 221 Cal.AppAth 975, the Court of Appeal held that "there is no right —
and certainly no constitutional right — to cultivate medical marijuana....." The Court in
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FQ
Maral affirmed the ability of a local governmental entity to prohibit the cultivation of
marijuana under its land use authority.
F. The Federal Controlled Substances Act, 21 U.S.C. § 801 et seq.,
classifies marijuana as a Schedule 1 Drug, which is defined as a drug or other
substance that has a high potential for abuse, that has no currently accepted medical
use in treatment in the United State, and that has not been accepted as safe for use
under medical supervision. The Federal Controlled Substances Act makes it unlawful
under federal law for any person to cultivate, manufacture, distribute or dispense, or
possess with intent to manufacture, distribute or dispense, marijuana. The Federal
Controlled Substances Act contains no exemption for medical purposes.
G. On October 9, 2015 Governor Brown signed three bills into law (AB 266,
AB 243, and SB 643) which collectively are known as the Medical Marijuana Regulation
and Safety Act ( "MMRSA "). MMRSA established a State licensing scheme for
commercial medical marijuana uses while protecting local control by requiring that all
such businesses must have a local license or permit to operate in addition to a State
license. MMRSA allows a City to completely prohibit commercial medical marijuana
activities.
H. The City Council finds that commercial medical marijuana activities, as
well as cultivation for personal medical use as allowed by the CUA and MMP can
adversely affect the health, safety, and well -being of City residents. Citywide prohibition
is proper and necessary to avoid the risks of criminal activity, degradation of the natural
environment, malodorous smells and indoor electrical fire hazards that may result from
such activities. Further, as recognized by the Attorney General's August 2008
Guidelines for the Security and Non - Diversion of Marijuana Grown for Medical Use,
marijuana cultivation or other concentration of marijuana in any location or premises
without adequate security increases the risk that surrounding homes or businesses may
be negatively impacted by nuisance activity such as loitering or crime.
I. The limited immunity from specified state marijuana laws provided by the
Compassionate Use Act and Medical Marijuana Program does not confer a land use
right or the right to create or maintain a public nuisance.
J. MMRSA contained language that required the city to prohibit cultivation
uses either expressly or otherwise under the principles of permissive zoning, or the
State would become the sole licensing authority. MMRSA also contained language that
required delivery services to be expressly prohibited by local ordinance, if the City
wished to do so.
K. On March 1, 2016, the City Council adopted Ordinance No. 1518
prohibiting commercial cannabis activities, cultivation of medical cannabis, delivery of
medical cannabis, medical marijuana dispensaries, and medical marijuana collectives
throughout the City.
Page 2 of 8
L. On November 8, 2016, the voters of the State of California passed
Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA). The
AUMA decriminalizes (under California law), controls and regulates the cultivation,
processing, manufacture, distribution, testing and sale of nonmedical marijuana,
including marijuana products, for use by adults 21 years of age or older. The AUMA
also taxes the commercial growth and retail sale of marijuana. It does not, and cannot,
affect federal regulations as to marijuana or its derivatives.
M. The AUMA expressly preserves local control over the regulation of
marijuana - related businesses and marijuana - related land uses (Business & Professions
Code § 26200, et seq.) The City Council wishes to prohibit all commercial marijuana
activity and marijuana cultivation to the maximum extent authorized by State law.
N. In accordance with Government Code sections 36934 and 36937(b), the
City Council finds that this Ordinance should be adopted on an urgency basis to
preserve the public health, safety and welfare. A complete prohibition on medical
marijuana cultivation in the City of El Segundo is necessary to avoid the deleterious
secondary effects of such activity as detailed herein. In addition to the negative effects
recited above, marijuana cultivation and distribution can attract crime, lead to fires,
expose minors to marijuana, negatively impact neighborhoods, damage buildings,
require dangerous electrical alterations and use, and create the nuisance of strong and
noxious odors. (White Paper on Marijuana Dispensaries, California Police Chiefs
Association's Task Force on Marijuana Dispensaries, April 22, 2009, p. 12.) In
Colorado, where recreational marijuana is legal and commercialized, marijuana - related
traffic deaths increased 92% from 2010 to 2014 while all traffic deaths increased only 8
percent during the same time period. (The Legalization of Marijuana in Colorado: The
Impact, Rocky Mountain High Intensity Drug Trafficking Area, Vol. 3, September 2015,
pp. 14 -15.) Use of marijuana by Colorado teens ages 12 -17 is at least 56% higher than
the national average. (Id. at pp. 35 -36.) A study released in May 2016 by AAA
Foundation for Traffic Research found that fatal crashed involving drivers who recently
used marijuana doubled in the state of Washington after it legalized marijuana.
(Prevalence of Marijuana Involvement in Fatal Crashes: Washington, 2010 -2014, May
2016, AAA Foundation for Traffic Safety.) Based on these facts and other evidence,
there is a concern that the proliferation of marijuana - related businesses and land uses
in the City would result in increased crime and other negative secondary effects like
those experienced in other communities throughout California and around the country.
By expressly prohibiting marijuana - related businesses and marijuana - related land uses
to the maximum extent authorized by State law, the City can further safeguard against
the detrimental secondary impacts associated with such activities.
SECTION 2: Authority. This ordinance is adopted pursuant to the authority granted by
the California Constitution and State law, including but not limited to Article XI, Section 7
of the California Constitution, the Compassionate Use Act, the Medical Marijuana
Program Act, the Medical Marijuana Regulation and Safety Act, the Control, Regulate
and Tax Adult Use of Marijuana Act, and Government Code sections 36934 and
36937(b).
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SECTION 3: A new Chapter 14 entitled "Marijuana" is added to Title 4 of the El
Segundo Municipal Code to read as follows:
"Chapter 14
MARIJUANA
4 -14 -1 Definitions.
4 -14 -2 Commercial marijuana activity — Prohibited.
4 -14 -3 Cultivation of marijuana for personal use.
4 -14-4 Severability.
4 -14 -5 Interpretation.
4 -14 -1 Definitions.
"Commercial marijuana activity" means the cultivation, possession, manufacture,
distribution, processing, storing, laboratory testing, labeling, transportation,
distribution, delivery, or sale of marijuana and marijuana products.
"Cultivation" means any activity involving the planting, growing, cultivating,
harvesting, drying, curing, grading, trimming or processing of marijuana.
"Delivery" means the commercial transfer of marijuana or marijuana products to a
customer. "Delivery" also includes the use by a retailer of any technology
platform owned and controlled by the retailer or independently licensed under
this division that enables customers to arrange for or facilitate the commercial
transfer by a licensed retailer of marijuana or marijuana products.
"Marijuana" means all parts of the plant Cannabis sativa L., whether growing or
not; 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. It does not include:
(a) industrial hemp, as defined in Health & Safety Code Section 11018.5; or
(b) the weight of any other ingredient combined with marijuana to prepare
topical or oral administrations, food, drink, or other product.
"Marijuana accessories" means any equipment, products or materials of any kind
which are used, intended for use, or designed for use in planting, propagating,
cultivating, growing, harvesting, manufacturing, compounding, converting,
producing, processing, preparing, testing, analyzing, packaging, repackaging,
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storing, smoking, vaporizing, or containing marijuana, or for ingesting, inhaling, or
otherwise introducing marijuana or marijuana products into the human body.
"Marijuana cultivation facility" means an entity licensed to cultivate, prepare, and
package marijuana and sell marijuana to retail marijuana stores, to marijuana
product manufacturing facilities, and to other marijuana cultivation facilities, but
not to consumers.
"Marijuana establishment" means a marijuana cultivation facility, a marijuana
testing facility, a marijuana product manufacturing facility, or a retail marijuana
store.
"Marijuana product manufacturing facility" means an entity licensed to purchase
marijuana; manufacture, prepare, and package marijuana products; and sell
marijuana and marijuana products to other marijuana product manufacturing
facilities and to retail marijuana stores, but not to consumers.
"Marijuana products" means marijuana that has undergone a process whereby
the plant material has been transformed into a concentrate, including, but not
limited to, concentrated cannabis, or an edible or topical product containing
marijuana or concentrated cannabis and other ingredients.
"Marijuana storage facility" means any entity or premises used for the storage of
marijuana, marijuana products or marijuana accessories.
"Marijuana testing facility" means an entity licensed to analyze and certify the
safety and potency of marijuana.
"Private residence" means a house, an apartment unit, a mobile home, or other
similar habitable dwelling.
"Retail marijuana store" means any entity licensed to purchase marijuana from
marijuana cultivation facilities and marijuana and marijuana products from
marijuana product manufacturing facilities and to sell marijuana and marijuana
products to consumers; or any premises, whether licensed or unlicensed, where
marijuana, marijuana products, or devices for the use of marijuana or marijuana
products are offered, either individually or in any combination, for retail sale,
including an establishment that delivers marijuana and marijuana products as
part of a retail sale.
4 -14 -2 Commercial marijuana activity — Prohibited.
No license can be issued for, nor shall any person operate, a marijuana
cultivation facility, marijuana product manufacturing facility, marijuana testing
facility, marijuana delivery business, marijuana storage facility, retail marijuana
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store, marijuana establishment, or any commercial marijuana activity in the City
of El Segundo.
4 -14 -3 Cultivation of marijuana for personal use.
A. Outdoor Cultivation. The cultivation of marijuana outdoors is prohibited
in the City of El Segundo regardless of purpose.
B. Indoor Cultivation. Not more than six plants may be cultivated,
planted, harvested, dried, processed or possessed within a single private
residence at one time pursuant to Health & Safety Code Section 11362.2.
4 -14-4 Severability.
The provisions of this chapter are declared to be separate and severable.
The invalidity of any clause, sentence, paragraph, subdivision, section, or portion
of this chapter, or the invalidity of the application thereof to any person or
circumstance shall not affect the validity of the remainder of this chapter, or the
validity of its application to other persons or circumstances.
4 -14 -5 Interpretation.
The intent of this chapter is to prohibit commercial marijuana activities and
the personal cultivation of marijuana, whether medical or recreational in nature,
to the maximum extent allowed under state law. Nothing in this chapter shall be
interpreted as allowing behavior otherwise prohibited by state law and nothing in
this chapter shall be interpreted as prohibiting conduct that the city is expressly
preempted from prohibiting under state law."
SECTION 4: Chapter 11 of Title 7 of the El Segundo Municipal Code is amended to
read as follows:
"Chapter 11
MARIJUANA
7 -11 -1: For regulations regarding marijuana, commercial marijuana activities,
and marijuana cultivation, see Title 7, Chapter 14 and Title 15, Chapter 13B."
SECTION 5: Environmental Review. The City Council finds that this ordinance does
not have the potential to cause significant effects on the environment and, therefore, the
project is exempt from the California Environmental Quality Act (CEQA) pursuant to 14
Cal. Code Regs. § 15061(b)(3). The ordinance amends the El Segundo Municipal
Code to expressly prohibit commercial marijuana activities and outdoor cultivation of
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marijuana in the City. The ordinance does not portend any development or changes to
the physical environment. Further, the City Council finds that this ordinance is
categorically exempt from further CEQA review under 14 Cal. Code Regs. §§ 15305
(minor alterations in land use limitations) and 15308 (actions taken as authorized by
local ordinance to assure protection of the environment). The City is not aware of any
existing marijuana commercial uses in El Segundo and the proposed ordinance would
maintain the status quo. Following an evaluation of possible adverse impacts, it can be
seen with certainty that there is no possibility that the ordinance will have a significant
effect on the environment.
SECTION 6: Construction. This Ordinance must be broadly construed in order to
achieve the purposes stated in this Ordinance. It is the City Council's intent that the
provisions of this Ordinance be interpreted or implemented by the City and others in a
manner that facilitates the purposes set forth in this Ordinance.
SECTION 7: Enforceability. Repeal of any provision of the El Segundo Municipal Code
does not affect any penalty, forfeiture, or liability incurred before, or preclude
prosecution and imposition of penalties for any violation occurring before this
Ordinance's effective date. Any such repealed part will remain in full force and effect for
sustaining action or prosecuting violations occurring before the effective date of this
Ordinance.
SECTION 8: Severability. If any part of this Ordinance or its application is deemed
invalid by a court of competent jurisdiction, the City Council intends that such invalidity
will not affect the effectiveness of the remaining provisions or applications and, to this
end, the provisions of this Ordinance are severable.
SECTION 9: The City Clerk is directed to certify the passage and adoption of this
Ordinance, cause it to be entered into the city of El Segundo's book of original
ordinances, make a note of the passage and adoption in the records of this meeting,
and, within fifteen days after the passage and adoption of this Ordinance, cause it to be
published or posted in accordance with California law.
SECTION 10: Declaration of Urgency. Based on the findings set forth in Section 1, this
is an urgency ordinance adopted for the immediate preservation of the public peace,
health, safety and welfare. This Ordinance is adopted by a four - fifths vote and will
become effective immediately upon adoption pursuant to Government Code section
36937(b).
PASSED AND ADOPTED this day of
Suzanne Fuentes, Mayor
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2016.
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ATTEST:
Tracy Sherrill Weaver, City Clerk
APPROVED AS TO FORM
Mark D. Hensley, City Attorney
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ORDINANCE NO.
AN URGENCY ORDINANCE PROHIBITING PERMIT ISSUANCE FOR
MARIJUANA - RELATED LAND USES WITHIN THE CITY FOR A PERIOD
OF FORTY -FIVE DAYS TO CONSIDER AMENDING TITLE 15 OF THE
EL SEGUNDO MUNICIPAL CODE.
The Council of the City of El Segundo does ordain as follows:
SECTION 1: This ordinance is adopted pursuant to Government Code Sections 36937
and 65858, and other applicable laws.
SECTION 2: Findings: The El Segundo City Council finds, determines and declares as
follows:
A. The City can adopt and enforce all laws and regulations not in conflict with
the general laws and the City holds all rights and powers established by
state law.
B. The City has a compelling interest in the careful and orderly planning and
regulation of land uses within the City.
C. Without orderly, careful planning, portions of the City can quickly
deteriorate, resulting in negative consequences to social, environmental
and economic values.
D. Title 15, Chapter 13B of the El Segundo Municipal Code currently
prohibits commercial cannabis activities, cultivation of medical cannabis,
delivery of medical cannabis, medical marijuana dispensaries, and
medical marijuana collectives throughout the City.
E. On November 8, 2016, the voters of the State of California passed the
Control, Regulate and Tax Adult Use of Marijuana Act ( "AUMA ").
F. The AUMA legalized various recreational marijuana activities for persons
21 years of age or older, including recreational marijuana businesses,
dispensaries, retailers, delivery services, use, possession, transportation,
manufacture, testing, indoor and outdoor cultivation, and other activities.
G. The AUMA expressly preserves local control over the regulation of
marijuana - related businesses and marijuana - related land uses (Business
& Professions Code § 26200, et seq.)
H. Other states that have legalized recreational marijuana have experienced
a host of negative secondary impacts associated with recreational
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marijuana, including, without limitation, increased traffic accidents
resulting in death or serious injury, burglaries, personal and property
crimes, loitering, fire and building hazards, public intoxication, and other
undesirable imp acts on the quality of life for local residents. (See, e.g.,
The Legalization of Marijuana in Colorado: The Impact, Rocky Mountain
High Intensity Drug Trafficking Area, Vol. 3, September 2015; Prevalence
of Marijuana Involvement in Fatal Crashes: Washington, 2010 -2014, May
2016, AAA Foundation for Traffic Safety.)
The impact of the AUMA and legalization of recreational marijuana on the
City of El Segundo and its residents is unclear at this time and it is
foreseeable that the City could see an influx of applications for marijuana -
related land uses, as well as an influx of unpermitted and unregulated
marijuana - related land uses, the scope and extent of which is difficult to
predict at this time.
J. Without clear and precise regulations on marijuana - related land uses,
there is a present and immediate threat to the health, safety and welfare of
the residents of the City of El Segundo from the unregulated
establishment of marijuana - related land uses.
K. In light of the intent and purpose of the City's existing ban on commercial
cannabis activities, etc. (ESMC Title 15, Chapter 13B), together with the
permissive nature of the City's zoning scheme as codified in Title 15, the
City interprets its current Municipal Code as prohibiting all marijuana -
related businesses and land uses, regardless of whether they are medical
or recreational in nature.
L. Despite the City's intent and its interpretation of its existing Code, it is
foreseeable that persons seeking to establish recreational marijuana -
related land uses may attempt to do so regardless of Title 15, Chapter
13B.
M. To avoid doubt as to the illegality of all marijuana - related land uses,
including recreational marijuana - related land uses, and to allow the City
time to study the impacts of recreational marijuana land uses on the
general health, safety and welfare of City residents, and the consistency of
such uses with the City's General Plan and Zoning Code, the City Council
desires to adopt an interim ordinance as an urgency ordinance, effective
immediately, declaring and establishing a temporary moratorium on all
marijuana - related land uses legalized by the AUMA in order to protect the
health, safety and welfare of the City's residents.
N. The best method for protecting the public health, safety and welfare is
either to prohibit marijuana - related land uses entirely or to adopt
comprehensive regulations for the establishment and operation of
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marijuana - related land uses, including, without limitation, locational and
operational standards.
O. The City cannot enact a comprehensive set of restrictions and regulations
without due study and deliberation. The City requires and indeterminate
length of time to analyze the details of such comprehensive restrictions in
light of the enactment of the AUMA. Significant damage to the public
health, safety and welfare could occur if persons are permitted to engage
in or operate marijuana - related land uses without regulation while a set of
proposed regulations is being studied and considered through a public
hearing process. Until the City has had the opportunity to evaluate its
options and make an informed decision, approval of any land use
entitlement or permit such as a use permit, variance, building permit,
license, certificate of occupancy, zone clearance or any other land use
approval involving marijuana - related uses would threaten the public
health, safety and welfare.
P. Based on the foregoing, the City finds that there is a current and
immediate threat to the public health, safety, or welfare and that this
Ordinance is warranted and necessary in order to protect the City from the
potential effects and impacts of unregulated marijuana - related land uses
including, without limitation, potential impacts on vehicle traffic, public
safety, neighboring land uses, and other similar or related effects on
property values and the quality of life in the City's neighborhoods.
Q. The City Council further finds that this moratorium is a matter of local and
City -wide importance and is not directed towards any particular applicant
or potential applicant for a marijuana - related land use.
R. Government Code sections 36937 and 65858 authorize the adoption of an
urgency ordinance to protect the public health, safety and welfare and to
prohibit certain land uses that may conflict with the land use regulations
that the City Council is considering or intends to study within a reasonable
time.
S. This Ordinance is in addition to, and does not alter or supersede, the
City's current ban on commercial cannabis activities, cultivation of medical
cannabis, delivery of medical cannabis, medical marijuana dispensaries,
and medical marijuana collectives as set forth in Title 15, Chapter 13B of
the Municipal Code. The City Council further finds that the length of the
moratorium imposed by this Ordinance will not in any way deprive any
person of rights granted by state or federal laws, because the moratorium
is short in duration and essential to protect the public health, safety and
welfare.
SECTION 3: Interim Regulations: The following provisions are adopted as interim
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requirements for issuing permits pursuant to the El Segundo Municipal Code for
marijuana - related land uses and any construction, conversion, or other activity in the
City in conflict with these provisions is expressly prohibited:
A. Restricted Activities. For a period of forty -five (45) days after adoption of
this Ordinance, the City will not issue a permit or land use entitlement to
any person for any marijuana - related land use. City staff, including City
boards and commissions, are directed to refrain from accepting or
processing any application for any land use entitlement, including, without
limitation, use permits, variances, building permits, licenses and
certificates of occupancy, necessary for constructing, establishing, or
operating a marijuana - related land use within the City, and to refrain from
issuing any land use entitlement for any pending applications already
received. These prohibitions will remain effective for forty -five (45) days
following adoption of this Ordinance.
B. Definitions. In addition to the definitions contained in the El Segundo
Municipal Code, the following words and phrases will, for the purposes of
this Ordinance, be defined as follows, unless it is clearly apparent from the
context that another meaning is intended. Should any of the definitions be
in conflict with the current provisions of the El Segundo Municipal Code,
the following definitions will prevail:
"Marijuana- related land use" means any use of land that involves or
includes the cultivation, processing, packaging, testing, manufacture,
transportation, storage, delivery, distribution, dispensing, or selling of
marijuana, marijuana accessories, or marijuana products.
"Marijuana" means all parts of the plant Cannabis sativa L., whether
growing or not; 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.
"Marijuana accessories" means any equipment, products or materials
of any kind which are used, intended for use, or designed for use in
planting, propagating, cultivating, growing, harvesting, manufacturing,
compounding, converting, producing, processing, preparing, testing,
analyzing, packaging, repackaging, storing, smoking, vaporizing, or
containing marijuana, or for ingesting, inhaling, or otherwise
introducing marijuana or marijuana products into the human body.
"Marijuana products" means marijuana that has undergone a process
whereby the plant material has been transformed into a concentrate,
including, but not limited to, concentrated cannabis, or an edible or
topical product containing marijuana or concentrated cannabis and
other ingredients.
Page 4 of 5
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SECTION 4: Environmental Review. Exercising its independent judgment on the basis
of the whole record, the City Council finds that this Ordinance is not subject to
environmental review under the California Environmental Quality Act (CEQA) pursuant
to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines. Sections 15060(c)(2)
and 15060(c)(3) pertain to activities that will not result in a direct or reasonably
foreseeable indirect change to the environment and that are not defined as a project
under Section 15378. This Ordinance has no potential for resulting in physical change
to the environmental directly or indirectly in that its purpose is to prevent change to the
environment pending the completion of the contemplated research and evaluation of
regulatory alternatives.
SECTION 5: Severability. If any part of this Ordinance or its application is deemed
invalid by a court of competent jurisdiction, the City Council intends that such invalidity
will not affect the effectiveness of the remaining provisions or applications and, to this
end, the provisions of this Ordinance are severable.
SECTION 6: The City Clerk is directed to certify the passage and adoption of this
Ordinance; cause it to be entered into the City of El Segundo's book of original
ordinances; make a note of the passage and adoption in the records of this meeting;
and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it
to be published or posted in accordance with California law.
SECTION 7: This Ordinance will become effective immediately upon adoption pursuant
to Government Code § 36937(b) for the immediate preservation of the public peace,
health, safety, and welfare. Pursuant to that statute, and Government Code § 65858,
this Ordinance is adopted by a four - fifths vote.
PASSED AND ADOPTED this day of 2016.
ATTEST:
Tracy S. Weaver, City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
Suzanne Fuentes, Mayor
Page 5 of 5
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Cla ► _ ► 07=11111►`C6a
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO ADDING CHAPTER 14 TO TITLE 4 AND AMENDING
CHAPTER 11 OF TITLE 7 OF THE MUNICIPAL CODE TO EXPRESSLY
PROHIBIT ALL COMMERCIAL MARIJUANA ACTIVITY AND THE
PERSONAL CULTIVATION OF MARIJUANA TO THE EXTENT
ALLOWED BY STATE LAW
The City Council of the City of El Segundo does ordain as follows:
SECTION 1: The City Council finds and determines as follows:
A. On November 5, 1996, the voters of the State of California approved
Proposition 215, codified as Health and Safety Code Section 11362.5 et seq., and
entitled the Compassionate Use Act of 1996 ( "CUA "). The CUA exempts qualified
patients and their primary caregivers from criminal liability under state law for the
possession and cultivation of marijuana for personal medical use.
B. The intent of the CUA was to enable persons in the State of California who
are in need of marijuana for medicinal purposes to obtain it and use it under limited,
specified circumstances.
C. The State enacted Senate Bill 420 in October 2003, codified a Health and
Safety Section 11362.7, et seq., ( "Medical Marijuana Program Act," or "MMPA ") to
clarify the scope of the Compassionate Use Act of 1996 and to allow cities and other
governing bodies to adopt and enforce rules and regulations consistent with SB 420.
The MMPA created a state - approved voluntary medical marijuana identification card
program and provided for certain additional immunities from state marijuana laws.
Assembly Bill 2650 (2010) and Assembly Bill 1300 (2011) amended the Medical
Marijuana Program to expressly recognize the authority of counties and cities to "[a]dopt
local ordinances that regulate the location, operation, or establishment of a medical
marijuana cooperative or collective" and to civilly and criminally enforce such
ordinances.
D. The CUA and MMPA do not "legalize" marijuana, but provide limited
defenses to certain categories of individuals with respect to certain conduct and certain
state criminal offenses.
E. In City of Riverside v. Inland Empire Patients Health and Wellness Center,
Inc. (2013) 56 CalAth 729, the California Supreme Court held that "[n]othing in the CUA
or the MMP expressly or impliedly limits the inherent authority of a local jurisdiction, by
its own ordinances, to regulate the use of its land...." Additionally, in Maral v. City of
Live Oak (2013) 221 Cal.AppAth 975, the Court of Appeal held that "there is no right —
and certainly no constitutional right — to cultivate medical marijuana....." The Court in
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Maral affirmed the ability of a local governmental entity to prohibit the cultivation of
marijuana under its land use authority.
F. The Federal Controlled Substances Act, 21 U.S.C. § 801 et seq.,
classifies marijuana as a Schedule 1 Drug, which is defined as a drug or other
substance that has a high potential for abuse, that has no currently accepted medical
use in treatment in the United State, and that has not been accepted as safe for use
under medical supervision. The Federal Controlled Substances Act makes it unlawful
under federal law for any person to cultivate, manufacture, distribute or dispense, or
possess with intent to manufacture, distribute or dispense, marijuana. The Federal
Controlled Substances Act contains no exemption for medical purposes.
G. On October 9, 2015 Governor Brown signed three bills into law (AB 266,
AB 243, and SB 643) which collectively are known as the Medical Marijuana Regulation
and Safety Act ( "MMRSA "). MMRSA established a State licensing scheme for
commercial medical marijuana uses while protecting local control by requiring that all
such businesses must have a local license or permit to operate in addition to a State
license. MMRSA allows a City to completely prohibit commercial medical marijuana
activities.
H. The City Council finds that commercial medical marijuana activities, as
well as cultivation for personal medical use as allowed by the CUA and MMP can
adversely affect the health, safety, and well -being of City residents. Citywide prohibition
is proper and necessary to avoid the risks of criminal activity, degradation of the natural
environment, malodorous smells and indoor electrical fire hazards that may result from
such activities. Further, as recognized by the Attorney General's August 2008
Guidelines for the Security and Non - Diversion of Marijuana Grown for Medical Use,
marijuana cultivation or other concentration of marijuana in any location or premises
without adequate security increases the risk that surrounding homes or businesses may
be negatively impacted by nuisance activity such as loitering or crime.
I. The limited immunity from specified state marijuana laws provided by the
Compassionate Use Act and Medical Marijuana Program does not confer a land use
right or the right to create or maintain a public nuisance.
J. MMRSA contained language that required the city to prohibit cultivation
uses either expressly or otherwise under the principles of permissive zoning, or the
State would become the sole licensing authority. MMRSA also contained language that
required delivery services to be expressly prohibited by local ordinance, if the City
wished to do so.
K. On March 1, 2016, the City Council adopted Ordinance No. 1518
prohibiting commercial cannabis activities, cultivation of medical cannabis, delivery of
medical cannabis, medical marijuana dispensaries, and medical marijuana collectives
throughout the City.
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L. On November 8, 2016, the voters of the State of California passed
Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA). The
AUMA decriminalizes (under California law), controls and regulates the cultivation,
processing, manufacture, distribution, testing and sale of nonmedical marijuana,
including marijuana products, for use by adults 21 years of age or older. The AUMA
also taxes the commercial growth and retail sale of marijuana. It does not, and cannot,
affect federal regulations as to marijuana or its derivatives.
M. The AUMA expressly preserves local control over the regulation of
marijuana - related businesses and marijuana - related land uses (Business & Professions
Code § 26200, et seq.) The City Council wishes to prohibit all commercial marijuana
activity and marijuana cultivation to the maximum extent authorized by State law.
N. A complete prohibition on medical marijuana cultivation in the City of El
Segundo is necessary to avoid the deleterious secondary effects of such activity as
detailed herein. In addition to the negative effects recited above, marijuana cultivation
and distribution can attract crime, lead to fires, expose minors to marijuana, negatively
impact neighborhoods, damage buildings, require dangerous electrical alterations and
use, and create the nuisance of strong and noxious odors. (White Paper on Marijuana
Dispensaries, California Police Chiefs Association's Task Force on Marijuana
Dispensaries, April 22, 2009, p. 12.) In Colorado, where recreational marijuana is legal
and commercialized, marijuana - related traffic deaths increased 92% from 2010 to 2014
while all traffic deaths increased only 8 percent during the same time period. (The
Legalization of Marijuana in Colorado: The Impact, Rocky Mountain High Intensity Drug
Trafficking Area, Vol. 3, September 2015, pp. 14 -15.) Use of marijuana by Colorado
teens ages 12 -17 is at least 56% higher than the national average. (Id. at pp. 35 -36.) A
study released in May 2016 by AAA Foundation for Traffic Research found that fatal
crashed involving drivers who recently used marijuana doubled in the state of
Washington after it legalized marijuana. (Prevalence of Marijuana Involvement in Fatal
Crashes: Washington, 2010 -2014, May 2016, AAA Foundation for Traffic Safety.)
Based on these facts and other evidence, there is a concern that the proliferation of
marijuana - related businesses and land uses in the City would result in increased crime
and other negative secondary effects like those experienced in other communities
throughout California and around the country. By expressly prohibiting marijuana -
related businesses and marijuana - related land uses to the maximum extent authorized
by State law, the City can further safeguard against the detrimental secondary impacts
associated with such activities.
SECTION 2: Authority. This ordinance is adopted pursuant to the authority granted by
the California Constitution and State law, including but not limited to Article XI, Section 7
of the California Constitution, the Compassionate Use Act, the Medical Marijuana
Program Act, the Medical Marijuana Regulation and Safety Act, and the Control,
Regulate and Tax Adult Use of Marijuana Act.
SECTION 3: A new Chapter 14 entitled "Marijuana" is added to Title 4 of the El
Segundo Municipal Code to read as follows:
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"Chapter 14
MARIJUANA
4 -14 -1 Definitions.
4 -14 -2 Commercial marijuana activity — Prohibited.
4 -14 -3 Cultivation of marijuana for personal use.
4 -14-4 Severability.
4 -14 -5 Interpretation.
4 -14 -1 Definitions.
"Commercial marijuana activity" means the cultivation, possession, manufacture,
distribution, processing, storing, laboratory testing, labeling, transportation,
distribution, delivery, or sale of marijuana and marijuana products.
"Cultivation" means any activity involving the planting, growing, cultivating,
harvesting, drying, curing, grading, trimming or processing of marijuana.
"Delivery" means the commercial transfer of marijuana or marijuana products to a
customer. "Delivery" also includes the use by a retailer of any technology
platform owned and controlled by the retailer or independently licensed under
this division that enables customers to arrange for or facilitate the commercial
transfer by a licensed retailer of marijuana or marijuana products.
"Marijuana" means all parts of the plant Cannabis sativa L., whether growing or
not; 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. It does not include:
(a) industrial hemp, as defined in Health & Safety Code Section 11018.5; or
(b) the weight of any other ingredient combined with marijuana to prepare
topical or oral administrations, food, drink, or other product.
"Marijuana accessories" means any equipment, products or materials of any kind
which are used, intended for use, or designed for use in planting, propagating,
cultivating, growing, harvesting, manufacturing, compounding, converting,
producing, processing, preparing, testing, analyzing, packaging, repackaging,
storing, smoking, vaporizing, or containing marijuana, or for ingesting, inhaling, or
otherwise introducing marijuana or marijuana products into the human body.
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"Marijuana cultivation facility" means an entity licensed to cultivate, prepare, and
package marijuana and sell marijuana to retail marijuana stores, to marijuana
product manufacturing facilities, and to other marijuana cultivation facilities, but
not to consumers.
"Marijuana establishment" means a marijuana cultivation facility, a marijuana
testing facility, a marijuana product manufacturing facility, or a retail marijuana
store.
"Marijuana product manufacturing facility" means an entity licensed to purchase
marijuana; manufacture, prepare, and package marijuana products; and sell
marijuana and marijuana products to other marijuana product manufacturing
facilities and to retail marijuana stores, but not to consumers.
"Marijuana products" means marijuana that has undergone a process whereby
the plant material has been transformed into a concentrate, including, but not
limited to, concentrated cannabis, or an edible or topical product containing
marijuana or concentrated cannabis and other ingredients.
"Marijuana storage facility" means any entity or premises used for the storage of
marijuana, marijuana products or marijuana accessories.
"Marijuana testing facility" means an entity licensed to analyze and certify the
safety and potency of marijuana.
"Private residence" means a house, an apartment unit, a mobile home, or other
similar habitable dwelling.
"Retail marijuana store" means any entity licensed to purchase marijuana from
marijuana cultivation facilities and marijuana and marijuana products from
marijuana product manufacturing facilities and to sell marijuana and marijuana
products to consumers; or any premises, whether licensed or unlicensed, where
marijuana, marijuana products, or devices for the use of marijuana or marijuana
products are offered, either individually or in any combination, for retail sale,
including an establishment that delivers marijuana and marijuana products as
part of a retail sale.
4 -14 -2 Commercial marijuana activity — Prohibited.
No license can be issued for, nor shall any person operate, a marijuana
cultivation facility, marijuana product manufacturing facility, marijuana testing
facility, marijuana delivery business, marijuana storage facility, retail marijuana
store, marijuana establishment, or any commercial marijuana activity in the City
of El Segundo.
4 -14 -3 Cultivation of marijuana for personal use.
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A. Outdoor Cultivation. The cultivation of marijuana outdoors is prohibited
in the City of El Segundo regardless of purpose.
B. Indoor Cultivation. Not more than six plants may be cultivated,
planted, harvested, dried, processed or possessed within a single private
residence at one time pursuant to Health & Safety Code Section 11362.2.
4 -14-4 Severability.
The provisions of this chapter are declared to be separate and severable.
The invalidity of any clause, sentence, paragraph, subdivision, section, or portion
of this chapter, or the invalidity of the application thereof to any person or
circumstance shall not affect the validity of the remainder of this chapter, or the
validity of its application to other persons or circumstances.
4 -14 -5 Interpretation.
The intent of this chapter is to prohibit commercial marijuana activities and
the personal cultivation of marijuana, whether medical or recreational in nature,
to the maximum extent allowed under state law. Nothing in this chapter shall be
interpreted as allowing behavior otherwise prohibited by state law and nothing in
this chapter shall be interpreted as prohibiting conduct that the city is expressly
preempted from prohibiting under state law."
SECTION 4: Chapter 11 of Title 7 of the El Segundo Municipal Code is amended to
read as follows:
"Chapter 11
MARIJUANA
7 -11 -1: For regulations regarding marijuana, commercial marijuana activities,
and marijuana cultivation, see Title 7, Chapter 14 and Title 15, Chapter 13B."
SECTION 5: Environmental Review. The City Council finds that this ordinance does
not have the potential to cause significant effects on the environment and, therefore, the
project is exempt from the California Environmental Quality Act (CEQA) pursuant to 14
Cal. Code Regs. § 15061(b)(3). The ordinance amends the El Segundo Municipal
Code to expressly prohibit commercial marijuana activities and outdoor cultivation of
marijuana in the City. The ordinance does not portend any development or changes to
the physical environment. Further, the City Council finds that this ordinance is
categorically exempt from further CEQA review under 14 Cal. Code Regs. §§ 15305
(minor alterations in land use limitations) and 15308 (actions taken as authorized by
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26
local ordinance to assure protection of the environment). The City is not aware of any
existing marijuana commercial uses in El Segundo and the proposed ordinance would
maintain the status quo. Following an evaluation of possible adverse impacts, it can be
seen with certainty that there is no possibility that the ordinance will have a significant
effect on the environment.
SECTION 6: Construction. This Ordinance must be broadly construed in order to
achieve the purposes stated in this Ordinance. It is the City Council's intent that the
provisions of this Ordinance be interpreted or implemented by the City and others in a
manner that facilitates the purposes set forth in this Ordinance.
SECTION 7: Enforceability. Repeal of any provision of the El Segundo Municipal Code
does not affect any penalty, forfeiture, or liability incurred before, or preclude
prosecution and imposition of penalties for any violation occurring before this
Ordinance's effective date. Any such repealed part will remain in full force and effect for
sustaining action or prosecuting violations occurring before the effective date of this
Ordinance.
SECTION 8: Severability. If any part of this Ordinance or its application is deemed
invalid by a court of competent jurisdiction, the City Council intends that such invalidity
will not affect the effectiveness of the remaining provisions or applications and, to this
end, the provisions of this Ordinance are severable.
SECTION 9: The City Clerk is directed to certify the passage and adoption of this
Ordinance, cause it to be entered into the city of El Segundo's book of original
ordinances, make a note of the passage and adoption in the records of this meeting,
and, within fifteen days after the passage and adoption of this Ordinance, cause it to be
published or posted in accordance with California law.
PASSED AND ADOPTED this day of , 2016.
ATTEST:
Tracy Sherrill Weaver, City Clerk
APPROVED AS TO FORM
Mark D. Hensley, City Attorney
Suzanne Fuentes, Mayor
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