ORDINANCE 1545 ORDINANCE NO. 1545
AN INTERIM ORDINANCE OF THE CITY OF EL SEGUNDO
EXTENDING THE MORATORIUM ON PERMIT ISSUANCE FOR
MARIJUANA-RELATED LAND USES WITHIN THE CITY TO
ALLOW SUFFICIENT TIME FOR THE CITY TO CONSIDER
AMENDING TITLE 15 OF THE EL SEGUNDO MUNICIPAL CODE
AND APPROVING A REPORT REGARDING THE STATUS OF
THE MORATORIUM
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. On November 15, 2016, the City Council adopted a 45-day interim
zoning ordinance prohibiting the issuance of any permit for
marijuana-related land uses in any zone throughout the City.
B. The City's staff is conducting research and formulating options
regarding potential new regulations for marijuana-related land uses
in the City. It is in the best interest of public health, safety and welfare
that the existing moratorium should continue until such time as the
City Council and Planning Commission have the opportunity to
carefully review and consider this issue.
C. On December 8, 2016, the City issued, and made publicly available,
a written report regarding the status of the marijuana-related land
use moratorium as required by Government Code section 65858(d).
A copy of the report is attached.
D. After providing public notice in accordance with Government Code
sections 65858(a) and 65090, the City Council held a public hearing
on this proposed moratorium extension on December 20, 2016.
E. The facts, circumstances and findings adopted by the City Council in
Ordinance No. 1543 remain true and correct and are incorporated
herein by this reference. Accordingly, the City Council finds that
there is a current and immediate threat to the public health, safety
and welfare as described in Ordinance No. 1545 and the City finds
that an extension of the temporary moratorium on the establishment
of such uses pursuant to Government Code Section 65858 is
ORDINANCE No. 1545
Page 2 of 3
therefore necessary for the immediate preservation of the public
health, safety and welfare.
F. The City Council 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.
G. 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: Moratorium Extended. The moratorium enacted pursuant to City of
El Segundo Ordinance No. 1543 is hereby extended pursuant to Government
Code section 65858 for a period of ten months and fifteen days past the initial
expiration date of Ordinance 1545, thereby extending the moratorium until
November 14, 2017. Accordingly, this Ordinance will expire and terminate at
midnight on November 14, 2017, unless it is further extended.
SECTION 4: Approval of Report. The City Council hereby approves of the
December 8, 2016 report regarding the status of the marijuana-related land use
moratorium as required by Government Code section 65858(d), a copy of which is
attached.
SECTION 5: Environmental Assessment. 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 6: 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 7: 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.
ORDINANCE No. 1545
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SECTION 8® This Ordinance will become effective immediately upon adoption
pursuant to Government Code section 36937(b) for the immediate preservation of
the public peace, health, safety, and welfare. Pursuant to that statute, and
Government Code section 65858, this Ordinance is adopted by a four-fifths vote.
PASSED, APPROVED, AND ADOPTED ORDINANCE No. 1545 on this 20th day
of December, 2016.
za Fuentes, Mayor
ATTEST:
4.,
r a cyw' eav r, City,,4CI k'
APPROVED AS TO FORM:
Mark D. Hensley, 1F ..Attorney
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. 1545 was duly passed, approved and adopted by said
City Council at its special meeting held on the 20th day of December, 2016,
approved and signed by the Mayor, and attested to by the City Clerk, by the
following vote:
AYES: Mayor Fuentes, Mayor Pro Tern Boyles, Council Member
Dugen, and Council Member Pirsztuk
NOES: None
ABSENT: Council Member Brann
ABSTAIN: None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 20th day of
December, 2016.
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Trt y Weave Clerk
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California