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HomeMy WebLinkAboutOrd. No. 2016-1348 Medical MarijuanaoRDtNANCE NO. 2016-.t348 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING TITLE 5, CHAPTER 17..156, OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING REGULATION OF MEDICAL MARIJUANA DISPENSARIES AND CULTIVATION WHEREAS, Chapter 17.156 (Medical Marijuana Dispensaries) of the Lake Elsinore Municipal Code ("LEMC") sets forth the prohibition of medical Marijuana Dispensaries within the City; and WHEREAS, pursuant to Title 14 of the California Code of Regulations, Section 15061(b) (3), the City of Lake Elsinore has determined that it can be seen with certainty that there is no possibility that adoption of Municipal Code Amendment No. 2O15-04 may have a significant effect on the environment; and therefore the zoning code amendment is exempt from CEQA; and WHEREAS, on December 15,20'15, at a duly noticed public hearing the Planning Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item; and made its recommendation in favor of Municipal Code Amendment No. 2015-04 by adopting Planning Commission Resolution No. 2015-84 recommending to the City Council approval of Municipal Code Amendment No.20'15-04t and WHEREAS, on January 12,2016, aladuly noticed public hearing, the City Council has considered the recommendation of the Planning Commission as well as evidence presenled by the Community Development Department and other interested parties with respect to this item. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council has reviewed and analyzed the proposed zone changes pursuant to the California Planning and Zoning Laws (Cal. Gov. Code 565000 el seg.), the Lake Elsinore General Plan and the Lake Elsinore Municipal Code and finds and determines that the proposed zone changes are consistent with the requirements of California Planning and Zoning Law and with the goals and policies of the Lake Elsinore General Plan and the Lake Elsinore Municipal Code. SECTION 2. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act ("CEOA") pursuant to Sections 15060(cX2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(cX3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potentialfor resulting in physical change to the environment, directly or indirectly. Therefore, no environmental assessment is required or necessary. SECTION 3. That in accordance with the State Planning and Zoning Law, the City Council hereby makes the following findings for the approval of Municipal Code Amendment No. 201 5-04: 1. The proposed zoning code amendments will not be: a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. The proposed zoning code amendments have been analyzed relative to their potential to have detrimental effects and it has been determined that the proposed amendments have no negative impact upon the public's health, safety, comfoi and general welfare because the amendments will provide additional regulation of medical maijuana within the City. 2. The proposed zoning code amendments are consistent with the Goals, Policies and lmplementation Programs of the General Plan and the development standards established with the LEMC. The proposed zoning code amendments do not create new zoning disticts, remove existing zoning districts or otherwise modify land use requirements. The proposed zoning code amendments do not affect the density or intensity of uses and will not interfere with the implementation of the goals, policies and implementation programs of the General Plan. SECTION 4. Chapter 17.156 of the Lake Elsinore Municipal Code Regulation of Medical Marijuana Dispensaries is hereby amended to read as follows: Chapter 17.156 MEDICAL MARIJUANA DISPENSARIES AND CULTIVATION Sections: 17.'156.010 Definitions. 17 .1 56.020 Medical Marijuana Dispensaries Prohibited. 'l 7.1 56.030 Medical Marijuana Cultivation 17.156.040 Enforcement 1 7.1 56.010 Defi nitions. "Cultivation" means the planting, growing, harvesting, drying or processing of any marijuana plants or any part thereof, for medical use consistent with the Compassionate Use Act (California Health and Safety Code Section 1 1362.5) and the Medical Marijuana Program Act (California Health and Safety Code Section 11362.7 et seq.). "Medical Marijuana Dispensary" or "Dispensary" means any facility or location where medical marijuana is made available to or distributed by or distributed to one (1) or more of the following: a primary caregiver, a qualified patient, or a patient with an identification card. All three of these lerms are identified in strict accordance with California Health and Safety Code Section 1 1362.5 et seq. A medical marijuana dispensary shall not include the following uses, as long as the location of such uses is otherwise regulated by this code or applicable law: A clinic licensed pursuant to Chapter 1.05 of Division 2 of the Health and Safety Code; A healthcare facility licensed pursuant lo Title 2 of Divisions 2 of the Health and Safety Code; A facility licensed pursuant to Title 2 of Division 2 of the Health and Safety Code; A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code; A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code; A residential hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as such use complies strictly with applicable law, including but not limited to, Health and Safety Code Section 11362.5 et seq. "Parcel" means any parcel of real property that may be separately sold in compliance with the Subdivision Map Act (California Government Code Section 66410 et seq.). "Occupied' means currently, presently, and IaMully utilized as the primary dwelling of one or more persons. "Outdoor" means any location within the city that is not within a fully enclosed, occupied (as defined in this section) dwelling, dwelling unit or housing unit. 17 -156-020 Medical Mariiuana Dispensaries Prohibited. Medical marijuana dispensaries are prohibited in all City zones, and no license, use permit, temporary permit, or permit shall be issued therefor. I 7.1 56.030 Medical Marijuana Cultivation. A. No person owning, renting, leasing, occupying or having charge or possession of any parcel shall cause or allow such parcel to be used for the outdoor cultivation of any marijuana plant. B. No person owning, renting, leasing, occupying, or having charge or possession of any parcel shall cause or allow indoor cultivation of marijuana on such parcel to be visible from any street, sidewalk, or other place freely accessible by the public. C. No license, use permit, temporary permit, or permit shall be issued for the cultivation of marruana within the City. D. Compliance with Building, Fire Code and Permitting Requirements. Any person(s) cultivating medical marijuana with the use of grow lights, fans, ventilation devices or any other electrical or mechanical equipment shall comply with all applicable building and fire code requirements adopted by the City of Lake Elsinore, and shall obtain all permits required for such installation. E. There shall be a limited exemption from enforcement for violations of this ordinance by primary caregivers and qualified patients for small amounts of marijuana cultivation for their own medical use in all residential zone classifications when all of the following conditions and standards are complied with: 1. The premises shall contain a legally permitted single-family dwelling. 2. Cultivation of no more than twelve (12) marijuana plants per qualified patient. ln the event a qualified patient has a primary caregiver cultivating marijuana plants for the qualified patient, only one primary caregiver may cultivate no more than twelve (12) marijuana plants for that qualified patient at any one time. ln no circumstances shall a qualified patient have multiple primary caregivers cultivating marijuana plants for the qualified patient at the same time. 3. Two (2) qualified patient limit to aggregate marijuana plant count for a maximum total of twenty-four (24) marijuana plants per premises. 4. At least one qualified patient or one primary caregiver must live on the premises. 5. All marijuana plants must be reasonably secured to prevent access by minors or theft, to a standard satisfactory lo the enforcement officer. 6. All marruana cultivation outside of any building must be fully enclosed by an opaque fence at least six feet in height. The fence must be adequately secure to prevent unauthorized entry. Bushes, hedgerows, plastic sheeting, tarps, or cloth material shall not constitute an adequate fence under this subsection. Premises larger than five (5) acres are exempt from this fencing provision so long as all other standards and conditions of subsection a. of this section are complied with and any barriers used are otheMise consistent with the Municipal Code. 7. Each building or outdoor area in which the marijuana plants are cultivated shall be set back at least ten (10) feet from all boundaries of the premises. Such setback distance shall be measured in a straight line from the building in which the marijuana plants are cultivated, or, if the marUuana plants are cultivated in an outdoor area, from the fence required by subsection 6 to the boundary line of the premises. 8. The designated marijuana cultivation area must not be visible from any public right.of-way. 9. lf the person cultivating marijuana plants on any premises is not the owner of the premises, such person shall submit a letter from the owner(s) consenting to the marijuana cultivation on the parcel. This letter shall be examined by the enforcement officer, and shall then be returned to the submitter. The County shall prescribe forms for such letters. 10. Parolees or probationers shall not live on the premises unless the parolees or probationers have received confirmation from the court that he is allowed to use medical marijuana while on parole or probation pursuant to Health & Safety Code section 11362.795 which shall be subject to verification by the enforcement officer. 11. Qualified patients for whom the marijuana plants are being cultivated shall have valid Medical Marijuana ldentification Cards issued by the Riverside County Department of Public Health. Any primary caregiver cultivating marijuana plants for a qualified patient shall have a copy of the qualified patient's valid Medical Marijuana ldentification Card issued by the Riverside County Department of Public Health which shall be kept on the premises. 12. The address for the premises must be posted and plainly visible from the public right-of-way. 13. The marijuana cultivation shall not be within a multi-dwelling building. 14. The marijuana cultivation shall not be upon any premises located within one thousand ('1,000) feet of any school, community center, or park. 15. The marijuana cultivation shall not be upon any premises containing a child care center, church, or youth-oriented facility. 1 7.1 56.040 Enforcement. Violations of this chapter shall be considered a public nuisance, and may be enforced according to the procedures set forth in Chapter 8.18 and by the enforcement remedies conferred upon the City by Civil Code Section 3494, Code of Civil Procedure Section 731, Government Code Section 38773, or other lawful authority. Nothing in this provision is intended to impair any viable legal defense to a person using or in possession of medical marijuana pursuant to the Compassionate Use Act (California Health and Safety Code Section 11362.5) or the Medical Marijuana Program Act (California Health and Safety Code Section 11362.7 et seq.). Nothing in this chapter is intended to authorize the cultivation, possession or use of marijuana for nonmedical purposes in violation of state or federal law. [Ord. 1 3-1 ; Ord. 12-4. DC 2012 S 122-571. SECTION 5. lf any section, subsection, sentence, clause, phase, or portion of this Ordinance is for any reason 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 City Council hereby declares that it 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 might subsequently be declared invalid or unconstitutional. SECTION 6. This Ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. PASSED, APPROVED, AND INTRODUCED at a regular meeting of the City Council of the City of Lake Elsinore, California, on the 12th day of January, 2016, and ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on the 26th day of January, 2016. ATTEST: lDomen, MM City Clerk STATE OF CALIFORNIA COUNTY OF RIVERSIDE CIry OF LAKE ELSINORE 5S. l, Susan M. Domen, City Clerk of the City of Lake Elsinore, California, hereby certify that Ordinance No.20'16-'1348 was introduced at the regular City Council meeting of January '12,2016, and adopted at the regular meeting of January 26, 2016, by the following roll call vote: AYES: Council Member Manos, Council Member Johnson, Council Member Hickman, Mayor Pro Tem Magee, and Mayor Tisdale NOES: None ABSENT: None ABSTAIN: None Susan-M. Domen, MMC