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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 Page 3 of 3 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. ��. r r fit .�._.. .. Trt y Weave Clerk . . of,, he CO f. IS. y , egundo, California