ORDINANCE NO. 22-0013
AN ORDINANCE OF THE PEOPLE OF THE CITY OF
MANHATTAN BEACH RE-ADOPTING ORDINANCE NOS.
17-0024 AND 17- 0025 TO CONTINUE TO PROHIBIT ALL
COMMERCIAL CANNABIS ACTIVITIES IN THE CITY,
AND DECLARING A CONFLICT WITH MEASURE MB ON
THE NOVEMBER 8, 2022 GENERAL MUNICIPAL
ELECTION, AND MAKING A FINDING OF EXEMPTION
FROM CEQA UNDER SECTION 15061(b)(3) OF THE
CEQA GUIDELINES
NOW, THEREFORE, THE PEOPLE OF THE CITY OF MANHATTAN BEACH DO ORDAIN AS FOLLOWS:
SECTION 1. Intent; Conflicting Measure. It is the inten t of the voters that, pursuant to California Elections Code Section 9221, this Ordinance conflicts with Measure MB on the November 8, 2022 G eneral Municipal Election ballot and, if the measure adopting this Ordinance receives more affirmative votes, this Ordinance shall control and Measure MB shall have no effect.
SECTION 2. On November 7, 2017, and in full compl iance with the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), and Adult Use of Marijuana Act (AUMA), the Manhattan Beach City Counc il adopted Ordinance No. 17-0024 to amend the Manhattan Beach Municipal Code and Ordinance No. 17-0025 to amend the Manhattan Beach Local Coastal Program to, inter alia, prohibit all commercial cannabis activity in all zones in the City. Ordinance No. 17-0025 was subsequently certified by the California Coastal Commission.
SECTION 3. Re-Adoption. Ordinance Nos. 17-0024 and 17-0025, as attached hereto as exhibits A and B and incorporated herein by this reference, are hereby re-adopted in full by the voters of the Ci ty of Manhattan Beach . It is the intent of the voters to continue to prohibit , without any interruption, all commercial cannabis activities (as defined in the above -referenced ordinances) in the City of Manhattan Beach , and to maintain the other terms and provisions of Ordinance No. 17-0024 and Ordinance No. 17-0025.
SECTION 4. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The voters hereby declare that they would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause , phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 5. Restatement of Existing Law. Neither the adoption of this Ordinance nor the repeal of any other O rdinance of the City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor
be construed as a waiver of any penalty or th e penal provisions applicable to any violation thereof.
SECTION 6. Effective Date. This Ordinance shall take effect 10 days after the date the vote is declared by the City Council, and no conflicting ordinance shall take effect prior to the effective date of this Ordinance. The City Clerk shall take all actions necessary to publish this ordinance or a summary if required by law, and the Mayor is directed to sign this Ordinance upon its adoption.
SECTION 7. Notification. The C ity Attorney shall send a copy of this Ordinanc e and the ordinances it re-adopts to the Bureau of Cannabis Control immediately following its effective date.
SECTION 8. CEQA Exemption. The City Council’s action to place this Ordinance on the ballot and the voters’ adoption of this Ordinance are exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the ordinances re -adopted to continue to prohibit all commercial cannabis activities will h ave a significant effect on the environment since this represents no change from current law in the City. Since the re- adopted ordinances continue to prohibit all commercial activities and uses it will not result in changes in land use or density and will not have a significant environmental impact. Further, this ordinance is not a “project” within the meaning of CEQA . A Notice of Exemption shall be filed with the County Clerk of the County of Los Angeles in accordance with CEQA Guidelines.
SECTION 9. The City Cler k is hereby directed to insert the letter of the conflicting measure into the appropriate places in this Ordinance upon receiving the letter designation for such measure from Los Angeles County.
ADOPTED by the voters at the General Municipal Election held November 8, 2022, by the following vote:
YES: 11,578
NO: 5,564
STEVE NAPOLITANO
Mayor
ATTEST:
LIZA TAMURA
City Clerk
EXHIBIT A
ORDINANCE NO. 17-0024
EXHIBIT B
ORDINANCE NO. 17-0025