ORDINANCE 1577 ORDINANCE NO. 1577
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO AMENDING TITLE 15, CHAPTER 13B OF THE EL
SEGUNDO MUNICIPAL CODE PROHIBITING CANNABIS-RELATED
USES AND ACTIVITIES IN ALL ZONES AND SPECIFIC PLAN AREAS
OF THE CITY
The City Council of the City of EI 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 exempted 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 at 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 did not "legalize" marijuana, but provided 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 Maral
affirmed the ability of a local governmental entity to prohibit the cultivation of marijuana
under its land use authority.
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F. The Federal Controlled Substances Act, 21 U.S.C. § 801 of 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 allowed a City to completely prohibit commercial medical marijuana
activities.
H. On March 1, 2016, the City Council adopted Ordinance No. 1518, adding
Chapter 11 to Title 7 and Chapter 13B to Title 15 of the EI Segundo Municipal Code to
clarify that commercial cannabis activities, cultivation of medical cannabis, delivery of
medical cannabis, medical marijuana dispensaries, and medical marijuana collectives are
prohibited in all zones and specific plan areas of the city.
I. 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 regarding marijuana or its derivatives.
J. 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.
K. On December 6, 2016, the City Council adopted Ordinance No. 1544,
adding Chapter 14 to Title 4 and amending Chapter 11 of Title 7 of the Municipal Code to
expressly prohibit all commercial marijuana activity to the extent allowed by state law.
L. On December 20, 2016, the City Council adopted Ordinance No. 1545
extending the moratorium for an additional period of ten months and fifteen days.
M. On November 7, 2017, the City Council adopted Ordinance No. 1561
extending the moratorium for an additional year.
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N. The AUMA made it "lawful under state and local law" for persons 21 years
of age or older to:
"(1) Possess, process, transport, purchase, obtain, or give away to persons 21
years of age or older without any compensation whatsoever, not more than 28.5
grams of marijuana not in the form of concentrated cannabis;
(2) Possess, process, transport, purchase, obtain, or give away to persons 21
years of age or older without any compensation whatsoever, not more than eight
grams of marijuana in the form of concentrated cannabis, including as contained
in marijuana products;
(3) Possess, plant, cultivate, harvest, dry, or process not more than six living
marijuana plants and possess the marijuana produced by the plants;
(4) Smoke or ingest marijuana or marijuana products; and
(5) Possess, transport, purchase, obtain, use, manufacture, or give away
marijuana accessories to persons 21 years of age or older without any
compensation whatsoever." (Health & Safety Code § 11362.1.)
O. The AUMA added Division 10 to the Business & Professions Code, which
grants state agencies the exclusive authority to create, issue, renew, discipline, suspend
or revoke licenses for marijuana-related businesses, including the transportation, storage,
distribution sale, cultivation, manufacturing, and testing of marijuana.
P. The AUMA expressly preserves local control over the regulation of
cannabis-related businesses and cannabis-related land uses, including the authority to
completely prohibit any cannabis business licensed under Division 10 within its
jurisdiction. (Business & Professions Code § 26200, et seq.)
Q. Under the AUMA, no city may completely prohibit persons 21 years of age
or older from planting, cultivating, harvesting, drying, or processing up to six cannabis
plants at any one time inside a private residence or inside an accessory structure to a
private residence located upon the grounds of a private residence that is fully enclosed
and secure. (Health & Safety Code § 11362.2(b)(2).) However, a city may enact and
enforce reasonable regulations on indoor cultivation and may completely prohibit the
outdoor cultivation of cannabis. (Health & Safety Code § 11362.2(b)(1) and (3).)
R. 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).
S. 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
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license requirements, 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.
T. Since the adoption of Ordinance No. 1543, City planning staff, working in
conjunction with the City Attorney and local law enforcement, has reviewed and
considered the following: (1) federal and state laws pertaining to cannabis; (2) information
and data from jurisdictions in other states that have previously decriminalized recreational
cannabis, including documented evidence regarding the secondary impacts associated
with legalization and the proliferation of cannabis-related uses and activities; (3)
ordinances of other California cities that either prohibit or regulate cannabis-related uses;
(4) opinions and bulletins from law enforcement agencies in California and in other states
regarding impacts associated with cannabis-related uses and activities; and (5)
information regarding the effects of cannabis use.
U. On September 27, 2018, the Planning Commission held a duly noticed
public hearing and considered Resolution No. 2851. The Commission directed staff to
make modifications to the resolution and bring the matter back for further consideration
at the Commission's October 11, 2018 regular meeting. On October 11, 2018, the
Planning Commission adopted Resolution No. 2851 recommending that the City Council
approve Zone Text Amendment No. ZTA 17-07 to clarify and update the existing
prohibition on cannabis-related uses in activities in all zones and specific plan areas
throughout the City.
V. On November 6, 2018, the City Council held a duly noticed public hearing
on in order to receive and consider public testimony on the subject of this Ordinance.
W. The City Council finds that cannabis-related land uses and activities can
adversely affect the health, safety, and well-being of City residents. Cannabis cultivation
and distribution can attract crime, lead to fires, expose minors to cannabis, 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
crashes involving drivers who recently used marijuana doubled in the state of Washington
after it legalized marijuana. (Prevalence of Marijuana Involvement in Fatal Crashes.-
Washington,
rashes.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 cannabis-related uses
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
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country. To safeguard against these deleterious secondary effects, the City Council finds
it is necessary to maintain the prohibition on cannabis-related uses and activities in all
zones and specific plan areas to the maximum extent permissible under State law.
X. Although cannabis-related land uses and activities are already prohibited in
all areas of the City pursuant to the Municipal Code, the proposed ordinance would update
the existing prohibitions to account for changes in the law made by the AUMA and
MAUCRSA.
SECTION 2: General Plan Consistency. Based upon oral and written testimony and
other evidence received at the public hearing held for this item, and upon studies and
investigations made by staff on behalf of the City Council, the City Council finds that the
proposed Ordinance is consistent with the goals, policies, and objectives of the General
Plan. The General Plan sets as a goal a high quality of life for all residents. The General
Plan does not permit or contemplate the establishment or operation of cannabis-related
land uses anywhere in the City. The Land Use Element of the General Plan is
implemented through the City's Zoning Code. The EI Segundo Zoning Code is
"permissive" in nature, meaning uses that are not expressly authorized by the Code are
prohibited. Cannabis-related uses have never been allowed anywhere in the City and
are expressly prohibited. Although this is the current state of the law, the proposed
amendments to the Zoning Code are intended to update the City's existing prohibitions
to account for changes in the law made by the AUMA and MAUCRSA. By prohibiting
cannabis-related uses, the City is preventing the negative secondary effects and other
adverse impacts associated with such uses. The City Council further finds that the
proposed Zoning Code Amendment will not adversely affect surrounding properties. The
Amendment is a City-wide Zoning Code Amendment that prohibits cannabis-related uses
and activities to the maximum extent allowed under State law. The prohibition prevents
the negative secondary effects associated with such uses, enhances the health, safety,
and welfare of the community, and will not adversely affect surrounding properties.
SECTION 3: Zone TextAmendment Findings. In accordance with ESMC Chapter 15-26
(Amendments), the proposed ordinance is consistent with and necessary to carry out the
purpose of the ESMC as follows:
The ordinance is necessary and consistent with the purpose of the ESMC, which is to
serve the public health, safety, and general welfare and to provide the economic and
social advantages resulting from an orderly planned use of land resources. The
ordinance is intended to clarify that all cannabis-related uses and activities are prohibited
to the maximum extent allowed under State law. The prohibition prevents the negative
secondary effects associated with such uses, enhances the health, safety, and welfare of
the community, and will not adversely affect surrounding properties.
SECTION 4: 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
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and Tax Adult Use of Marijuana Act, and the Medicinal and Adult-Use Cannabis
Regulation and Safety Act.
SECTION 5: Section 1-6 of Title 15 of the EI Segundo Municipal Code is amended to
add the following definitions:
CANNABIS: all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis
ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified,
extracted from any part of the plant; and every compound, manufacture, salt, derivative,
mixture, or preparation of the plant, its seeds, or resin, including cannabis infused in
foodstuff or any other ingestible or consumable product containing cannabis. "Cannabis"
also means the separated resin, whether crude or purified, obtained from cannabis. The
term "cannabis" includes "medical cannabis" for the purposes set forth in the
Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health
and Safety Code. "Cannabis" does not include the mature stalks of the plant, fiber
produced from the stalks, oil or cake made from the seeds of the plant, any other
compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks
(except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant
which is incapable of germination. "Cannabis" does not mean "industrial hemp" as defined
by Section 11018.5 of the Health and Safety Code.
CANNABIS ACCESSORIES: any equipment, products or materials of any kind which
are used or designed for use in planting, propagating, cultivating, growing, harvesting,
manufacturing, compounding, converting, producing, processing, preparing, testing,
analyzing, smoking, or vaporizing cannabis, or for ingesting, inhaling, or otherwise
introducing cannabis or cannabis products into the human body.
CANNABIS CULTIVATION: any activity involving the planting, growing, cultivating,
harvesting, drying, curing, grading, trimming or processing of cannabis.
CANNABIS CULTIVATION FACILITY: a facility where cannabis is cultivated,
prepared, and packaged for sale to cannabis dispensaries, to cannabis product
manufacturing facilities, or to other cannabis cultivation facilities, but not to
consumers.
CANNABIS DELIVERY: the commercial transfer of cannabis or cannabis 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 cannabis or cannabis products.
CANNABIS DISPENSARY: a facility or location, whether fixed or mobile, where
cannabis, cannabis products, or devices for the use of cannabis are offered, made
available to, or provided, either individually or in any combination, with or without
remuneration, for medical, recreational, or other purposes.
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CANNABIS DISTRIBUTION: the procurement, sale, and transport of cannabis and
cannabis products between state-licensed entities for commercial use purposes.
CANNABIS ESTABLISHMENT: a cannabis cultivation facility, a cannabis testing
facility, a cannabis product manufacturing facility, or a cannabis dispensary.
CANNABIS MANUFACTURE: to compound, blend, extract, infuse, or otherwise make
or prepare a cannabis product.
CANNABIS PRODUCT MANUFACTURING FACILITY: a facility where cannabis and
cannabis products are manufactured, prepared and packaged for sale to other
cannabis product manufacturing facilities or to cannabis dispensaries, but not to
consumers.
CANNABIS PRODUCTS: cannabis 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 cannabis or
concentrated cannabis and other ingredients.
CANNABIS-RELATED ACTIVITY: any commercial cannabis activity, cultivation of
cannabis, delivery of cannabis or cannabis products, distribution of cannabis or
cannabis products, dispensing of cannabis or cannabis products, manufacture of
cannabis or cannabis products, sale of cannabis or cannabis products, and the
operation or establishment of a cannabis or medical cannabis cooperative,
dispensary, delivery service, or provider. "Cannabis-related activity" does not include
the cultivation, planting, harvesting, drying, processing or possession of up to six
cannabis plants at one time by persons 21 years of age or older when conducted
within a single private residence and in a manner consistent with Health & Safety Code
Section 11362.2 and any other applicable regulations.
CANNABIS STORAGE FACILITY: a facility used for the storage of cannabis, cannabis
products or cannabis accessories.
CANNABIS TESTING FACILITY: a facility where cannabis is analyzed and certified
for safety and potency.
COMMERCIAL CANNABIS ACTIVITY: the cultivation, possession, manufacture,
distribution, processing, storing, laboratory testing, packaging, labeling,
transportation, delivery, or sale of cannabis and cannabis products.
PRIVATE RESIDENCE: a house, an apartment unit, a mobile home, or other similar
habitable dwelling.
SECTION 6: Chapter 13B of Title 15 of the EI Segundo Municipal Code is deleted in its
entirety and replaced as follows:
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Chapter 13B
CANNABIS-RELATED USES AND ACTIVITIES
15-1313-1: Definitions.
15-1313-2: Prohibited uses and activities.
15-1313-3: Cultivation of cannabis for personal use.
15-1313-4: Interpretation.
15-1313-1: Definitions
The definition of "cannabis" and related terms for the purpose of this
Chapter are contained in Section 1-6 (Definitions) of this Title.
15-1313-2: Prohibited uses and activities.
The establishment or operation of any commercial cannabis activity,
cannabis-related activity, cannabis storage facility, or cannabis establishment,
including any business licensed by the state or other government entity pursuant
to Division 10 of the Business & Professions Code, as it may be amended from
time to time, is prohibited in all zoning districts and specific plan areas of the City.
No use permit, variance, building permit, or any other entitlement or permit,
whether administrative or discretionary, can be approved or issued for the
establishment or operation of any such business or activity.
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15-1313-3: Cultivation of cannabis for personal use.
A. Outdoor Cultivation. The outdoor cultivation of cannabis is prohibited in
the City of EI Segundo regardless of purpose.
B. Indoor Cultivation. Not more than six plants may be cultivated, planted,
harvested, dried, processed or possessed at one time by persons 21 years of age
or older when conducted within a single private residence and in a manner
consistent with Health & Safety Code Section 11362.2 and any other applicable
regulations.
15-1313-4: Interpretation.
The intent of this chapter is to prohibit all cannabis-related uses and
activities, including the personal cultivation of cannabis, whether medical or
recreational in nature, to the maximum extent allowed under state law. Nothing in
this chapter should be interpreted as allowing behavior otherwise prohibited by
state law and nothing in this chapter should be interpreted as prohibiting conduct
that the city is expressly preempted from prohibiting under state law.
SECTION 7: 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 EI Segundo Municipal Code
to clarify the existing prohibitions on cannabis-related land uses and activities. The
ordinance does not portend any development or changes to the physical environment.
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.
In addition to the foregoing general exemption, the following categorical exemption
applies: 14 Cal. Code Regs. § 15308 (actions taken for the protection of the
environment).
SECTION 8: 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 9: Enforceability. Repeal of any provision of the EI 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.
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SECTION 10; 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 11: 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
days after the passage and adoption of this Ordinance, cause it to be published or posted
in accordance with California law.
PASSED, APPROVED, AND ADOPTED ORDINANCE No. 1577 this 20th day of
November, 2018
Drew Boyl s, Mayor
ATTEST:
Ir A
�Jltvv
Tracy Wea r, City Clerk
APPROVED AS TO FORM
Mark . Hensle , Attorney
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Page 10 of 10
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Tracy Weaver, City Clerk of the City of EI 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. 1577 was duly introduced by said City Council at a regular meeting held
on the 6th day of November, 2018, and was duly passed and adopted by said City Council,
approved and signed by the Mayor, and attested to by the City Clerk, all at a regular
meeting of said Council held on the 20th day of November, 2018, and the same was so
passed and adopted by the following vote:
AYES; Mayor Boyles, Mayor Pro Tem Pirsztuk, Council Member Brann, Council
Member Pimentel, and Council Member Nicol
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY thisYd day of December,
2018.
T y Weaver, City Clerk
of e City of EI Segundo,
California