ORDINANCE 1561 ORDINANCE NO. 1561
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.
The Council of the City of EI 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 EI Segundo City Council finds, determines and
declares as follows:
A. On November 15, 2016, the City Council adopted Ordinance No.
1543, a forty-five-day interim zoning ordinance prohibiting the
issuance of any permit for marijuana-related land uses in any zone
throughout the City.
B, 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).
C. On December 20, 2016, after providing public notice in accordance
with Government Code sections 65858(a) and 65090, the City
Council held a public hearing and adopted Ordinance No. 1545
extending the moratorium for an additional period of ten months and
fifteen days. Unless further extended, the moratorium will expire at
midnight on November 14, 2017.
D. On June 27, 2017, the Governor signed Senate Bill (SB) 94, which
took effect immediately. SB 94 merges existing state laws regarding
medicinal and recreational (adult use) marijuana by repealing the
Medical Cannabis Regulation and Safety Act(MCRSA) and including
certain MCRSA provisions within the licensing provisions of the
Control, Regulate and Tax Adult Use of Marijuana Act (AUMA). The
consolidated provisions are now known as the Medicinal and Adult-
Use Cannabis Regulation and Safety Act (MAUCRSA).
E. MAUCRSA expressly preserves the authority of a local jurisdiction to
adopt and enforce local ordinances to regulate cannabis (marijuana)
businesses licensed by the state, including, without limitation, local
zoning and land use requirements, business license requirements,
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and requirements related to reducing exposure to secondhand
smoke, or to completely prohibit the establishment or operation of
one or more types of cannabis businesses within the local
jurisdiction.
F. The impact of the AUMA, the MAUCRSA, and legalization of
recreational marijuana on the City of EI 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.
G. Cities across California are only beginning to deal with the prospect
of recreational (adult use) marijuana legalization; some have chosen
to prohibit marijuana-related land uses and commercial marijuana
activities entirely, while others are opting for limited authorization and
regulation. The state of California has not yet begun issuing permits
for marijuana-related businesses. That process is expected to begin
on January 2, 2018.
K 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 EI Segundo from the
unregulated establishment of marijuana-related land uses.
I. In light of the intent and purpose of the City's existing ban on all
commercial cannabis activities, whether medical or recreational
(adult use) in nature, (ESMC Title 4, Chapter 14; Title 7, Chapter 11;
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.
J. 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
ESMC Title 4, Chapter 14; Title 7, Chapter 11; and Title 15, Chapter
13B.
K. To avoid doubt as to the illegality of all marijuana-related land uses,
including recreational (adult use) 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
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as an urgency ordinance, effective immediately, declaring and
establishing a temporary moratorium on all marijuana-related land
uses in order to protect the health, safety and welfare of the City's
residents.
L. 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.
M. 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 and
the MAUCRSA. 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.
N. The City's staff is conducting research and formulating options
regarding potential new regulations for marijuana-related land uses
in the City. Staff is also monitoring the actions of adjacent and
nearby jurisdictions to ascertain the potential concentration of
marijuana-related land uses in the vicinity in the event adjacent and
neighboring jurisdictions choose to permit and regulate such uses as
opposed to prohibiting them entirely. 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.
O. The facts, circumstances and findings adopted by the City Council in
Ordinance Nos. 1543 and 1545 remain true and correct and are
incorporated herein by this reference.
P. Based on the foregoing, together with the findings set forth in
Ordinance No. 1543, the City Council finds that there is a current and
immediate threat to the public health, safety and welfare and that an
extension of the temporary moratorium on the establishment of
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marijuana-related land uses pursuant to Government Code Section
65858 is necessary for the immediate preservation of the public
health, safety and welfare.
Q. On October 26, 2017, 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).
The City Council hereby approves the report.
R. 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.
S. This Ordinance is in addition to the City's current, express prohibition
on commercial cannabis activities (medical and recreational/adult
use), cultivation of medical cannabis, delivery of medical cannabis,
medical marijuana dispensaries, and medical marijuana collectives
as set forth in ESMC Title 4, Chapter 14; Title 7, Chapter 11; and
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: Moratorium Extended. The moratorium enacted pursuant to City
of EI Segundo Ordinance No. 1543 and extended by Ordinance No. 1545 is hereby
extended pursuant to Government Code section 65858 for a period of one
additional year beyond the expiration date of Ordinance No. 1545, thereby
extending the moratorium until November 14, 2018. Accordingly, this Ordinance
will expire and terminate at midnight on November 14, 2018.
SECTION 4: CEQA. 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: 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.
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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 EI 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, APPROVED, AND ADOPTED ORDINANCE No. 1561 this 7th day of
November, 2017.
uzan , Fuentes, Mayor
ATTEST:
("j � .� ..
T1cy We er, City Clerk
APPROVED AS TO FORM:
Mar D. Hensley, Mtorney
CERTIFICATION
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS
CITY OF EL SEGUNDO
1, 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. 1561 was duly passed, approved and adopted by said
City Council at its regular meeting held on the 7th day of November, 2017, 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
Brann, Council Member Dugen, and Council Member Pirsztuk
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this L; Iday of
November, 2017,
T�ky Weaver, City Clerk
of the City of El Segundo,
California