ORDINANCE 1543ORDINANCE NO. 1543
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.
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.
The AUMA expressly preserves local control over the regulation of
marijuana - related businesses and marijuana - related land uses (Business &
Professions Code § 26200, et seq.)
ORDINANCE No. 1543
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Other states that have legalized recreational marijuana have experienced a
host of negative secondary impacts associated with recreational 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 Tight 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.
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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 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.
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SECTION 3: Interim Regulations: The following provisions are adopted as interim
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.
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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.
ORDINANCE No. 1543
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PASSED, APPROVED, AND ADOPTED ORDINANCE No. 1543 this 15th day of
November, 2016.
('
S zan / Fuentes, Mayor
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Ordinance No. 1543 was duly passed, approved and adopted by said City Council at its
special meeting held on the 15th day of November, 2016, approved and signed by the
Mayor, and attested to by the City Clerk, by the following vote:
AYES: Mayor Fuentes, Mayor Pro Tem Boyles, Council Member Dugen,
Council Member Brann, and Council Member Pirsztuk
NOES: None
ABSENT: None
ABSTAIN: None
Dated this 15th day of November
Tracy Weayeti City Clerk
APPROVED AS TO FORM:
Mark ►. Hensley't; y Attorney