HomeMy WebLinkAboutOrd. No. 2017-1383 Regulation of Medical Cannabis Dispensaries and CultivationORDINANCE NO. 2017 -1383
AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING
TITLE 17, CHAPTER 17.166, OF THE LAKE ELSINORE MUNICIPAL CODE
REGARDING REGULATION OF MEDICAL CANNABIS DISPENSARIES AND
CULTIVATION
Whereas, Chapter 17.156 (Medical Cannabis Dispensaries) of the Lake Elsinore Municipal Code
(LEMC) sets forth the prohibition of medical Cannabis Dispensaries within the City of Lake
Elsinore (City); and,
Whereas, pursuant to Title 14 of the California Code of Regulations, Section 15061(b) (3), the
City has determined that it can be seen with certainty that there is no possibility that adoption of
LEMC Amendment No. 2017 -01 may have a significant effect on the environment; and, therefore
the zoning code amendment is exempt from California Environmental Quality Act (CEQA); and,
Whereas, on November 7, 2017, at a duly noticed public hearing the Planning Commission
(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
LEMC Amendment No. 2017 -01 by adopting Commission Resolution No. 2017 -96 recommending
to the City Council (Council) approval of LEMC Amendment No. 2017 -01; and
Whereas, on November 14, 2017, at a duly noticed public hearing, the Council has considered
the recommendation of the Commission as well as evidence presented 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 Council has reviewed and analyzed the proposed zone changes pursuant to the
California Planning and Zoning Laws (Cal. Gov. Code §65000 et seq.), the Lake Elsinore General
Plan (LEGP) and the LEMC 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 LEGP and the LEMC.
Section 2. The Council finds that this Ordinance is not subject to the CEQA pursuant to Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical
change in the environment) and 15060(c)(3) (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 potential for 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 Council hereby makes
the following findings for the approval of LEMC Amendment No. 2017 -01:
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, comfort and general welfare because the
amendments will provide additional regulation of medical and recreational cannabis within the
City.
2. The proposed zoning code amendments are consistent with the Goals, Policies and
Implementation Programs of the General Plan and the development standards established with
the LEMC.
The proposed zoning code amendments do not create new zoning districts, 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 LEMC is hereby amended and replaced in its entirety to read
as follows:
Chapter 17.156
CANNABIS USES
Sections:
17.156.010
Purpose and Intent
17.156.020
Interpretation and Applicability
17.156.030
Definitions
17.156.040
Cannabis Business Permit
17.156.050
Cannabis Dispensaries
17.156.060
Cannabis Distribution
17.156.070
Cannabis Cultivation
17.156.080
Cannabis Manufacturing
17.156.090
Cannabis Testing Laboratory
17.156.100
Enforcement
17.156.110
M -1 and M -2 District Zones
17.156.010 Purpose and intent.
The purpose and intent of this chapter is to regulate the dispensing, cultivation, processing,
manufacturing, testing and distribution of medical and recreational cannabis in a manner that
protects the public health, safety and welfare of the City and mitigates the costs to the community
of the oversight of these activities.
Nothing in this chapter shall be construed to: allow persons to engage in conduct that endangers
others or causes a public nuisance; or allow any activity relating to the cultivation, manufacturing,
testing, distribution or consumption of cannabis that is otherwise illegal under California law.
17.156.020 Interpretation and applicability.
Operation of cannabis facilities within the City shall be permitted upon the application and
approval of both a City- issued conditional use permit pertaining to the location of the facility in
accordance with the criteria and procedures set forth in this Ordinance and the City's Municipal
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Code, upon application and subject to such additional regulations as may be promulgated
pursuant to this chapter.
A. The cultivation, processing, and distribution of cannabis in the City is controlled by the
provisions of this chapter.
B. Nothing in this chapter is intended, nor shall it be construed, to burden any defense to criminal
prosecution otherwise afforded by California law.
C. Nothing in this chapter is intended, nor shall it be construed, to preclude a landlord from limiting
or prohibiting cannabis cultivation, consumption, processing, and distribution or other related
activities by tenants.
D. Nothing in this chapter is intended, nor shall it be construed, to exempt any cannabis - related
activity from any applicable local or State construction, environmental, electrical, plumbing,
land use, labor or employment laws or any other building or land use standards or permitting
requirements.
E. Nothing is this chapter is intended, nor shall it be construed, to make legal any sale, cultivation,
transportation, manufacture, or other use of cannabis that is otherwise prohibited or non-
compliant under California law, as amended from time to time.
F. All medical cannabis cultivation, dispensaries, distribution, testing, and manufacturing facilities
and /or recreational cannabis cultivation, dispensaries, distribution, testing, and manufacturing
facilities within City limits shall be subject to the provisions of this chapter, regardless of
whether the use existed or occurred prior to adoption of this chapter.
17.156.030 Definitions.
When used in this chapter, the following words shall have the meanings ascribed to them in this
section. Any reference to California statutes includes any regulations promulgated thereunder
and is deemed to include any successor or amended version of the referenced statute or
regulatory provision. Words and phrases not specifically defined in this chapter shall have the
meanings ascribed to them by the following sources:
A. The CUA of 1996 (California Health and Safety Code Section 11362.5), and as may be
amended from time to time;
B. The MMPA (California Health and Safety Code Sections 11362.7 through 11362.83);
C. The MMRSA (California Business and Professions Code Sections 19300 through 19355) as
may be amended from time to time;
D. The AMUA (Proposition 64, The Adult Use of cannabis Act).
"Cannabis" has the same meaning as in California Health, Safety Code Section 11018 and
Proposition 64, Cannabis Legalization as may be amended from time to time. For the purpose
of this chapter, "cannabis" does not mean industrial hemp as that term is defined by Section
81000 of the California Food and Agricultural Code or Section 11018.5 of the California Health
and Safety Code.
"Cannabis business" means any use that conducts medical cannabis cultivation, dispensaries,
distribution, testing, and manufacturing facilities and /or recreational cannabis cultivation,
dispensaries, distribution, testing, and manufacturing facilities.
"Cannabis business permit" means a specific permit required for any commercial operation of
any cannabis oriented business subject to the approval of a conditional use permit.
"Cannabis cultivation" means the planting, growing, harvesting, drying or processing of any
cannabis plants or any part thereof, for medical use consistent with the Compassionate Use
Act (California Health and Safety Code Section 11362.5), the Medical Cannabis Program Act
(California Health and Safety Code Section 11362.7 et seq.), and Proposition 64, Cannabis
Legalization.
"Cannabis dispensary" means any facility or location where medical cannabis or recreational
cannabis is made available to or distributed by or distributed to one (1) or more4ndividuals
operating in strict accordance with the CUA, the MMPA, the MMRSA, and the AMUA as may
be amended from time to time, and subject to the provisions of this chapter and the City's
Municipal Code.
"Cannabis distribution facility" means any facility or location, the primary function of which is
the procurement, sale, and /or transport of medical cannabis and /or recreational cannabis
products between entities, including delivery to end users, operating in strict accordance with
the CUA, the MMPA, the MMRSA, and the AMUA as may be amended from time to time, and
subject to the provisions of this chapter and the City's Municipal Code.
"Cannabis manufacturing facility" means a facility where the production of medical cannabis or
recreational cannabis concentrate, and /or the preparation, propagation, or compounding of
manufactured medical cannabis, either directly or indirectly or by extraction methods or
independently by means of chemical synthesis, or the packaging or repackaging of medical
cannabis or medical cannabis products, or the labeling or relabeling of its containers, occurs,
provided the facility holds a valid condition use permit, and a development agreement if
applicable, all issued in accordance with this chapter and the City's Municipal Code, and
operating in strict accordance with the CUA, the MMPA, the MMRSA, and the AMUA as may
be amended from time to time, and subject to the provisions of this chapter and the City's
Municipal Code.
"Cannabis laboratories" means a facility for testing, analysis, and /or research. Similar types of
lab uses include medical labs, soils, materials testing labs, and forensic labs. Laboratories are
a necessary component of the cannabis licensing scheme because testing is required to be
done on each cannabis crop to determine constituents such as cannabinols (CBD's),
tetrahydrocannabinol (THC), pesticide residuals, mold, and fungus.
"Gross proceeds" means the value proceeding or accruing from the sale of tangible property
and /or for other services rendered, without any deduction on account of the cost of property
sold, the cost of materials used, labor costs, interest, discount paid, delivery costs, taxes, or
any other expense whatsoever paid or accrued and without any deduction on account of
losses.
"Indoor" means any location within the City that is within a fully enclosed, occupied (as defined
in this section) dwelling, dwelling unit or housing unit.
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"Occupied" means currently, presently, and lawfully utilized in accordance with an issued
certificate of occupancy.
"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.
"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.).
"School" means any educational facility which primarily provides educational services to
individuals under the age of 18.
17.156.040 Cannabis Business Permit.
A. Except as otherwise set forth in this chapter, it shall be unlawful for any person or entity to
operate, in or upon any property, a cannabis business without first obtaining all required State
licenses and a business license or permits issued by the City. Each State license type available
in the MMRSA or AMUA is eligible to apply for a cannabis business permit. Unless otherwise
set forth in this chapter, no person shall engage in a cannabis business without possessing all
applicable State licenses and all applicable City permits and licenses. Revocation of a State
license shall constitute grounds for the City to suspend or revoke any permit or license issued
by the City.
B. All cannabis business permittees must at all times maintain liability insurance having aggregate
policy limits in an amount not less than $1,000,000.
C. The City may impose an annual cannabis business permit fee at a rate set by a Council
resolution.
D. All cannabis business permittees shall be subject to an annual regulatory inspection by the
City to insure compliance with all of the applicable provisions of this chapter.
E. It shall be unlawful for the owner of a building to allow the use of any portion of a building by a
cannabis business unless the tenant has a valid cannabis business permit, or has applied for
and not been denied, a cannabis business permit. Each owner of a building whose tenant is a
cannabis business permit applicant shall execute an acknowledgement that the applicant has
the owner's permission and consent to operate a cannabis business at the subject property.
F. The City shall issue a maximum of five cannabis business permits within the M -1 zone district
and a maximum of five cannabis Business Permits within the M -2 zone district. In the event
that the City has issued the maximum number of cannabis business permits as provided
herein, a cannabis business permit applicant may elect to submit an application with a request
for a finding of public convenience that an additional permit should be issued in excess of the
maximum number as provided herein. Such request shall include a statement by the applicant
demonstrating how the public convenience will be served by issuance of additional cannabis
business permits.
The following criteria will be considered by City's Director of Community Development in
evaluating the applicant's request for a determination of public convenience.
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• Identify the special and unusual circumstances present to justify a new cannabis business
when similar businesses exist nearby, or how it will provide a needed service not currently
being met.
• Prove /demonstrate how the economic benefit of the cannabis business outweighs
potential negative impacts to the community as a whole.
• Demonstrate reasonable efforts to seek community input on the proposed cannabis
business.
The Director of Community Development may request additional information in making a public
convenience determination.
The Director of Community Development may refuse to make a determination of public
convenience if any of the following instances occur:
• The proposed use is to be located in an existing targeted law enforcement area as
documented by specific and abnormally high general health and safety indicators that
have some nexus with alcohol use or substance abuse.
• The proposed use is within a crime reporting area that exhibits an excess amount of
alcohol or substance abuse related crimes, greater than a 20% increase of the reported
crimes from the previous year.
• The proposed use is inconsistent with the direction and policies set forth by the Council.
17.156.050 Cannabis Dispensaries.
A. Permitted Locations. Medical Cannabis dispensaries shall only be located in the M -1 or M -2
zoning districts.
B. Cannabis dispensaries shall be permitted as an accessory use to either a cannabis cultivation
facility or cannabis manufacturing facility. In no case shall either the gross floor area of the
dispensary exceed 25 percent of the total area of the business or 50 percent of gross proceeds
of the business.
C. Permits required. Dispensaries shall only be permitted when either a cannabis cultivation
facility or cannabis manufacturing facility has obtained a valid City issued conditional use
permit, building permit and the issuance of certificate of occupancy.
D. Cannabis Business Permit. Cannabis dispensaries shall only be permitted when either a
cannabis cultivation facility or cannabis manufacturing facility has obtained a valid City issued
cannabis business permit.
E. The cannabis business permittee cannabis business permittee shall submit to the City a
financial report on a yearly basis detailing the gross proceeds of the business.
F. Storage. A cannabis dispensary shall have adequate locked storage on the dispensary
property, identified and approved as a part of the security plan, for after -hours storage of
medical cannabis. Cannabis shall be stored at the dispensary property in secured rooms that
are completely enclosed or in a safe that is bolted to the floor.
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G. Site Security. Each dispensary site security plan approved by the Sheriff's Department must
include the following:
Security surveillance cameras. Security surveillance cameras and a video recording
system must be installed to monitor all doors into the buildings on the site, the parking
lot, loading areas, and all exterior sides of the property adjacent to the public rights of
way. The cameras and recording system must be of adequate quality, color rendition,
and resolution to allow the identification of any individual present on the site. The
recording system must be capable of exporting the recorded video in standard MPEG
formats to another common medium, such as a DVD or USB drive.
2. Security video recording and retention. Video from the security surveillance cameras
must be recording at all times (24 hours a day, seven days a week) and the recording
shall be maintained for at least 30 days. The video recordings shall be made available
to the City upon request.
3. Alarm system. Professionally and centrally- monitored fire, robbery, and burglar alarm
systems must be installed and maintained in good working condition. The alarm system
must include a private security company that is required to respond to every alarm.
H. Cannabis Business Permit. The dispensary permittee shall display its current valid cannabis
business permit issued in accordance with this chapter inside the lobby or waiting area of the
main entrance to the dispensary site. The permit shall be displayed at all times in a
conspicuous place so that it may be readily seen by all persons entering the dispensary site.
Signs. The following signs in measurements of not less than 8 by 10 inches shall be clearly
and legibly posted in a conspicuous location inside the cannabis dispensary where they will
be visible to members and customers in the normal course of a transaction, stating:
1. "Smoking, ingesting or consuming cannabis on this property or within 20 feet of the
dispensary is prohibited."
2. "Juveniles are prohibited from entering this property unless they are a qualified patient
or a primary caregiver and they are in the presence of their parent or legal guardian."
3. "Neither the City of Lake Elsinore, nor any other governmental agency has tested or
inspected any cannabis product for pesticides, or other regulated contaminants,
distributed at this location."
4. Signs on the medical cannabis dispensary building shall not obstruct the entrance or
windows of the dispensary.
Dispensary Site Restricted.
1. All entrances into a cannabis dispensary's building shall be locked from the exterior at
all times with entry controlled by dispensary personnel.
2. A manager must be on the cannabis dispensary site at all times that, any other person,
except for security guards, is on the site.
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3. While on the cannabis dispensary site, managers and staff of the cannabis dispensary
permittee must wear their City- issued cannabis dispensary identification badge at all
times.
4. Any person other than managers or staff shall be escorted by a manager at all times
while in the medical cannabis dispensary building.
Juveniles Prohibited. No juvenile shall be on the dispensary site or operate a cannabis
dispensary in any capacity, including, but not limited to, as a manager, staff, employee,
contractor, or volunteer.
K. Delivery Prohibited. A cannabis dispensary shall not provide any form of delivery service. All
distribution of cannabis must be conducted within the enclosed building areas of the dispensary
property.
L. Cannabis Consumption Prohibited. No person shall smoke, ingest, or otherwise consume
cannabis in any form on, or within 20 feet of, the dispensary site.
M. Alcohol Prohibited. No medical cannabis dispensary or manager shall cause or permit the
sale, distribution, or consumption of alcoholic beverages on the dispensary property; hold or
maintain a license from the State Division of Alcoholic Beverage Control for the sale of
alcoholic beverages; or operate a business on or adjacent to the dispensary property that sells
alcoholic beverages. No alcoholic beverages shall be allowed or stored on the dispensary
property.
N. Criminal History. No cannabis dispensary permittee or manager of a dispensary shall operate
a dispensary if he or she has been convicted of a felony, or is currently on parole or probation
for the sale or distribution of a controlled substance. A conviction within the meaning of this
section means a plea or verdict of guilty or a conviction following a plea of nolo contendere.
Notwithstanding the above, a person may not be denied the ability to obtain a permit or operate
a dispensary solely on the basis that the person has been convicted of a felony if the person
has obtained a certificate of rehabilitation (expungement of felony record) under California law
or similar federal statute or state law under which the expungement was granted
O. Hours of Operation. The maximum hours of operation for a medical cannabis dispensary shall
be daily from 7:00 a.m. to 9:00 p.m. unless the more restrictive hours have been imposed as
a condition of the cannabis business permit or conditional use permit.
17.156.060 Cannabis Distribution
A. Permitted Locations. Cannabis distribution shall only be located in the M -1 or M -2 zoning
districts.
B. Limitation of Use. Cannabis distribution shall be permitted as an accessory use to either a
cannabis cultivation facility or cannabis manufacturing facility. In no case shall either the gross
floor area of the dispensary exceed 25 percent of the total area of the business or 50percent
of gross proceeds of the business.
C. Permits Required. Cannabis distribution shall only be permitted when either a cannabis
cultivation facility or cannabis manufacturing facility has obtained a valid conditional use
permit, building permit and issuance of a certificate of occupancy.
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D. Cannabis Business Permit. Cannabis distribution shall only be permitted when either a
cannabis cultivation facility or cannabis manufacturing facility has obtained a valid City issued
cannabis business permit.
D. Yearly Reporting. The cannabis business permittee shall submit to the City a financial report
on a yearly basis detailing the gross proceeds of the business.
F. Storage. A cannabis distribution facility shall have adequate locked storage on the dispensary
property, identified and approved as a part of the security plan, for after -hours storage of
cannabis. Cannabis shall be stored at the dispensary property in secured rooms that are
completely enclosed or in a safe that is bolted to the floor.
G. Site Security. Each distribution site security plan approved by the Sheriff's Department must
include the following:
Security surveillance cameras. Security surveillance cameras and a video recording
system must be installed to monitor all doors into the buildings on the site, the parking
lot, loading areas, and all exterior sides of the property adjacent to the public rights of
way. The cameras and recording system must be of adequate quality, color rendition,
and resolution to allow the identification of any individual present on the site. The
recording system must be capable of exporting the recorded video in standard MPEG
formats to another common medium, such as a DVD or USB drive.
2. Security video recording and retention. Video from the security surveillance cameras
must be recording at all times (24 hours a day, seven days a week) and the recording
shall be maintained for at least 30 days. The video recordings shall be made available
to the City upon request.
3. Alarm system. Professionally and centrally- monitored fire, robbery, and burglar alarm
systems must be installed and maintained in good working condition. The alarm system
must include a private security company that is required to respond to every alarm.
H. Cannabis Business Permit. The distribution permittee shall display its current valid cannabis
business permit issued in accordance with this chapter inside the lobby or waiting area of the
main entrance to the distribution site. The permit shall be displayed at all times in a
conspicuous place so that all persons entering the site may readily see it.
I. Signs. The following signs in measurements of not less than 8 by 10 inches shall be clearly
and legibly posted in a conspicuous location inside the cannabis distribution site where they
will be visible to members and customers in the normal course of a transaction, stating:
1. "Smoking, ingesting or consuming cannabis on this property or within 20 feet of the
dispensary is prohibited."
2. "Juveniles are prohibited from entering this property unless they are a qualified patient
or a primary caregiver and they are in the presence of their parent or legal guardian."
3. "Neither the City of Lake Elsinore, nor any other governmental agency has tested or
inspected any cannabis product for pesticides, or other regulated contaminants,
distributed at this location."
4. Signs on the medical cannabis dispensary building shall not obstruct the entrance or
windows of the dispensary.
J. Distribution Facility Site Restricted.
1. All entrances into a cannabis dispensary's building shall be locked from the exterior at
all times with entry controlled by dispensary personnel.
2. No cannabis dispensary permittee shall allow anyone in the dispensary building,
except for qualified patients, primary caregivers, persons with identification cards,
managers, staff, and other persons with bona fide purposes for being in the dispensary,
such as contractors, inspectors, and cannabis transporters.
3. A manager must be on the cannabis dispensary site at all times that, any other person,
except for security guards, is on the site.
4. While on the cannabis dispensary site, managers and staff of the medical cannabis
dispensary permitee must wear their City- issued cannabis dispensary identification
badge at all times.
5. Any person other than managers or staff shall be escorted by a manager at all times
while in the medical cannabis dispensary building.
K. Juveniles Prohibited. No juvenile shall be on the distribution site or operate a cannabis testing
laboratory in any capacity, including, but not limited to, as a manager, staff, employee,
contractor, or volunteer.
L. Cannabis Consumption Prohibited. No person shall smoke, ingest, or otherwise consume
cannabis in any form on, or within 20 feet of, the site.
M. Alcohol Prohibited. No cannabis distribution permittee or manager shall cause or permit the
sale, distribution, or consumption of alcoholic beverages on the dispensary property; hold or
maintain a license from the State Division of Alcoholic Beverage Control for the sale of
alcoholic beverages; or operate a business on or adjacent to the dispensary property that sells
alcoholic beverages. No alcoholic beverages shall be allowed or stored on the dispensary
property.
N. Criminal History. No cannabis distribution permittee or manager of a dispensary shall operate
a dispensary if he or she has been convicted of a felony, or is currently on parole or probation
for the sale or distribution of a controlled substance. A conviction within the meaning of this
section means a plea or verdict of guilty or a conviction following a plea of nolo contendere.
Notwithstanding the above, a person may not be denied the ability to obtain a permit or operate
a distribution facility solely on the basis that the person has been convicted of a felony if the
person has obtained a certificate of rehabilitation (expungement of felony record) under
California law or similar federal statute or state law under which the expungement was granted.
O. Hours of Operation. The maximum hours of operation for a medical cannabis distribution
facility shall be daily from 7:00 a.m. to 9:00 p.m. unless the more restrictive hours have been
imposed as a condition of the cannabis business permit or conditional use permit.
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17.156.070 Cannabis 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 Cannabis plant.
B. Cannabis Cultivation shall be limited to interior areas. No person owning, renting, leasing,
occupying, or having charge or possession of any parcel shall cause or allow indoor cultivation
of Cannabis on such parcel to be visible from any street, sidewalk, or other place freely
accessible by the public.
C. Permitted Locations. Cannabis cultivation facilities involving the cultivation of mature flowering
cannabis plants shall only be located in the M -1 or M -2 zoning districts in the City.
D. On -site smoking, ingestion, or consumption of cannabis or alcohol shall be prohibited.
E. Permits Required. Cannabis cultivation facilities shall obtain a City- issued conditional use
permit, building and the issuance of a certificate of occupancy prior to the establishment of
the use.
F. Cannabis Business Permit. Cultivators shall obtain a valid City issued cannabis business
permit.
G. The cannabis business permittee shall submit to the City a financial report on a yearly basis
detailing the gross proceeds of the business.
H. Cultivation Site Buildings. A cultivation site shall comply with the following requirements:
1. Entrances. All entrances into the buildings on the cultivation site shall be locked at all
times with entry controlled by the cannabis cultivation permitee's managers and staff.
2. Main entrance and lobby. The cultivation site shall have a building with a main entrance
that is clearly visible from the public street or sidewalk. The main entrance shall be
maintained clear of barriers, landscaping, and other obstructions. Inside of the main
entrance, there shall be a lobby to receive persons into the site and to verify whether
they are allowed in the cultivation areas.
3. Cultivation area. All cultivation areas in any building on the cultivation site shall be
separated from the main entrance and lobby, and shall be secured by a lock accessible
only to managers and staff of the cannabis cultivation permittee.
4. Transport area. Each building with a cultivation area shall have an area designed for
the secure transfer of cannabis from the cultivation area to a vehicle for transportation.
5. Storage area. Each building with a cultivation area shall have adequate storage space
for cannabis that has completed the cultivation process or is otherwise not being
cultivated. The storage areas shall be separated from the main entrance and lobby,
and shall be secured by a lock accessible only to managers and staff of the cannabis
cultivation permittee.
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i. Compliance with Building, Fire Code and Permitting Requirements. Any person(s) cultivating
cannabis 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.
J. Cultivation Site Security. Each cultivation site security plan approved by the Sheriff's
Department must include the following:
Security surveillance cameras. Security surveillance cameras and a video recording
system must be installed to monitor all doors into the buildings on the cultivation site,
the parking lot, loading areas, and all exterior sides of the property adjacent to the public
rights of way. The cameras and recording system must be of adequate quality, color
rendition, and resolution to allow the identification of any individual present on the
cultivation site. The recording system must be capable of exporting the recorded video
in standard MPEG formats to another common medium, such as a DVD or USB drive.
2. Security video recording and retention. Video from the security surveillance cameras
must be recording at all times (24 hours a day, seven days a week) and the recording
shall be maintained for at least 30 days. The video recordings shall be made available
to the city upon request.
3. Alarm system. Professionally and centrally- monitored fire, robbery, and burglar alarm
systems must be installed and maintained in good working condition. The alarm system
must include a private security company that is required to respond to every alarm.
K. Display of Cannabis Cultivation Permit. The cannabis cultivation permittee shall display its
current valid cannabis cultivation permit issued in accordance with this chapter inside the lobby
or waiting area of the main entrance to the cultivation site. The permit shall be displayed at all
times in a conspicuous place so that it may be readily seen by all persons entering the
cultivation site.
L. Signs. A cannabis cultivation permittee shall post in the lobby of the cultivation site signs that
state the following:
1. "This site is not open to the public."
2. "Retail sales of any goods and services is prohibited."
3. "Juveniles are prohibited from entering this site."
4. "Smoking, ingesting, or consuming cannabis on or within 20 feet of this site is
prohibited."
Each sign described in subsection A must be at least 8 inches by 10 inches in size and must be
displayed at all times in a conspicuous place so that it may be readily seen by all persons entering
the cultivation site.
M. Cultivation Site Restricted.
1. No cannabis cultivation permittee shall open their cultivation site to the public.
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2. No cannabis cultivation permittee shall allow anyone on the cultivation site, except for
managers, staff, and other persons with a bona fide business or regulatory purpose for
being there, such as contractors, inspectors, and cannabis transporters.
3. A manager must be on the cultivation site at all times that any other person, except for
security guards, is on the site.
4. While on the cultivation site, managers and staff of the cannabis cultivation permittee
must wear their cannabis cultivation identification badge, issued by the city, at all times.
5. Any person other than managers or staff who are on the cultivation site must sign in,
wear a visitor badge, and be escorted on the site by a manager at all times.
G. The cannabis cultivation shall not be upon any premises located within 1,000 feet of any
school, community center, or park.
N. Juveniles Prohibited. No juvenile shall be on the cultivation site or operate a cannabis
cultivation business in any capacity, including, but not limited to, as a manager, staff,
employee, contractor, or volunteer.
O. Retail Sales Prohibited. No person shall conduct any retail sales of any good or services on
or from a permitted cultivation site.
P. Cannabis Consumption Prohibited. No person shall smoke, ingest, or otherwise consume
cannabis in any form on, or within 20 feet of, the cultivation site.
Q. Alcohol Prohibited. No person shall possess, consume, or store any alcoholic beverage on
the cultivation site.
R. There shall be a limited exemption from enforcement for violations of this ordinance by primary
caregivers and qualified patients for small amounts of cannabis 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) cannabis plants. In the event a qualified patient
has a primary caregiver cultivating cannabis plants for the qualified patient, only one
primary caregiver may cultivate no more than twelve (12) cannabis plants for that
qualified patient at any one time. In no circumstances shall a qualified patient have
multiple primary caregivers cultivating cannabis plants for the qualified patient at the
same time.
3. Two (2) qualified patient limit to aggregate cannabis plant count for a maximum total of
twenty -four (24) cannabis plants per premises.
4. At least one qualified patient or one primary caregiver must live on the premises.
5. All cannabis plants must be reasonably secured to prevent access by minors or theft,
to a standard satisfactory to the enforcement officer.
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6. All cannabis 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
otherwise consistent with the Municipal Code.
7. Each building or outdoor area in which the cannabis plants are cultivated shall be set
back at least ten feet from all boundaries of the premises. Such setback distance shall
be measured in a straight line from the building in which the cannabis plants are
cultivated, or, if the cannabis plants are cultivated in an outdoor area, from the fence
required by subsection 6 to the boundary line of the premises.
8. The designated cannabis cultivation area must not be visible from any public right -of-
way.
9. If the person cultivating cannabis plants on any premises is not the owner of the
premises, such person shall submit a letter from the owner(s) consenting to the
cannabis 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 cannabis 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 cannabis plants are being cultivated shall have valid
Medical Cannabis Identification Cards issued by the Riverside County Department of
Public Health. Any primary caregiver cultivating cannabis plants for a qualified patient
shall have a copy of the qualified patient's valid Medical Cannabis Identification 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 cannabis cultivation shall not be within a multi - dwelling building.
14. The cannabis cultivation shall not be upon any premises located within one thousand
(1,000) feet of any school, community center, or park.
15. The cannabis cultivation shall not be upon any premises containing a child care center,
church, or youth- oriented facility.
S. There shall be a limited exemption from enforcement for violations of this ordinance by
authorized persons for small amounts of cannabis cultivation for their own recreational use in
all residential zone classifications when all of the following conditions and standards are
complied with:
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1. The premises shall contain a legally permitted single - family dwelling.
2. Cultivation of no more than six (6) cannabis plants per dwelling.
3. All cannabis plants must be reasonably secured to prevent access by minors or theft,
to a standard satisfactory to the enforcement officer.
4. All cannabis 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
otherwise consistent with the Municipal Code.
5. Each building or outdoor area in which the cannabis plants are cultivated shall be set
back at least ten feet from all boundaries of the premises. Such setback distance shall
be measured in a straight line from the building in which the cannabis plants are
cultivated, or, if the cannabis plants are cultivated in an outdoor area, from the fence
required by subsection 6 to the boundary line of the premises.
6. The designated cannabis cultivation area must not be visible from any public right -of-
way.
7. If the person cultivating cannabis plants on any premises is not the owner of the
premises, such person shall submit a letter from the owner(s) consenting to the
cannabis 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.
8. 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 cannabis while on parole or probation pursuant to Health & Safety Code
section 11362.795 which shall be subject to verification by the enforcement officer.
9. The address for the premises must be posted and plainly visible from the public right -
of -way.
10. The cannabis cultivation shall not be within a multi - dwelling building.
11. The cannabis cultivation shall not be upon any premises located within 1,000 feet of
any school, community center, or park.
12. The cannabis cultivation shall not be upon any premises containing a child care center,
church, or youth- oriented facility.
17.156.080 Cannabis Manufacturing
A. Permitted Locations. Cannabis manufacturing facilities shall only be located in the M -1 or M-
2 zoning districts.
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B. Permits Required. Cannabis manufacturing facilities shall obtain a City- issued conditional use
permit, building permit and the issuance of a certificate of occupancy prior to the establishment
of the use.
C. Cannabis Business Permit. Cannabis manufacturing facilities shall obtain a City- issued
cannabis business permit.
D. The cannabis business permittee shall submit to the City a financial report on a yearly basis
detailing the gross proceeds of the business.
E. Interior Only. Cannabis manufacturing shall be conducted only in the interior of fully enclosed
structures, facilities, buildings, or other fully enclosed spaces consistent with the purpose and
intent of this chapter. No cannabis manufacturing shall be visible from any public right -of -way.
F. On -site smoking, ingestion, or consumption of cannabis or alcohol shall be prohibited
G. Operational Requirements.
1. Manufacturers are limited to certain equipment, methods, solvents, gases and
mediums when creating medical cannabis extracts.
2. Manufacturing Facilities with a state license of a Type -6 (non - volatile) or a Type 7
(volatile) classification may be allowed to operate under this chapter.
3. All equipment, systems and manufacturing processes must meet or exceed all
applicable state and federal requirements and regulations regarding air, water, health
and safety, and handling, processing and storage of hazardous materials, solvents,
gases and waste. No manufacturing facility shall commence operations or be issued
any form of certificate of occupancy without first obtaining all required fire,
environmental, health and safety, planning, and building certificates, permits and
approvals required under the City's Municipal Code and all other applicable county,
state and federal regulations.
4. Manufacturers shall not use any Class I or Class II solvents, as those terms are defined
in Federal Drug Administration Guidance, Table I, published in the Federal Register on
December 24, 1997 (62 FR 67377), for extraction.
5. Manufacturers shall not use butanes, ethanol, carbon dioxide, propane, heptane or
other solvents exhibiting low to minimal potential human health - related toxicity for
extraction, or other methods approved by the State of California.
6. All extraction manufacturing using hydrocarbons shall be conducted with a
professionally certified closed loop extraction system conforming to current American
Society of Mechanical Engineers (ASME) standards and ratings for pressure vessels
and shall be operated in an environment with proper ventilation, controlling all sources
of ignition where a flammable atmosphere is or may be present.
7. All extraction manufacturing using CO2-shall be conducted in a professionally certified
CO2 based extraction system conforming to current ASME standards and ratings for
pressure vessels with a pressure rating at all points being at or above 600 pounds per
square inch, and shall be operated in an environment with proper ventilation.
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8. All other methods of extraction shall be conducted in an environment appropriate to the
solvent being used, with consideration to proper ventilation and ignition source controls.
9. All equipment, systems and manufacturing processes must meet or exceed all
applicable state and federal requirements and regulations regarding air, water, health
and safety, and handling, processing and storage of hazardous materials, solvents,
gases and waste. No manufacturing facility shall commence operations or be issued
any form of certificate of occupancy without first obtaining all required fire,
environmental, health and safety, planning, and building certificates, permits and
approvals required under City's Municipal Code and all other applicable county, state
and federal regulations.
10. Manufacturers may use heat, screens, presses, steam distillation, ice water, and other
methods of extraction without employing solvents or gases to create kief, hashish,
bubble hash, or vegetable oils or fats derived from natural sources, and other extracts.
11. Manufacturers using extract to create ingestible products shall only use food -grade
ingredients.
H. Ph.D. Chemist. As a condition of obtaining a City- issued medical cannabis regulatory permit
and Conditional Use Permit, a cannabis business permittee of a manufacturing facility desiring
to operate under this chapter shall first verify that the cannabis business permittee employs or
contracts with a person who has a Ph.D. in chemical sciences or related field of study and who
shall supervise the design, installation and operation of the facility's systems and
manufacturing processes. Such person shall inspect the premises on a quarterly basis and
provide such inspection report to the City. The cannabis business permittee shall submit to the
City a written statement that he or she certifies under penalty of perjury that the name of the
employee /contractor is true and correct. The employee /contractor shall also submit a written
statement that he or she certifies under penalty of perjury his or her educational qualifications
and verifying that the supervisor is employed or contracted to supervise the design, installation
and operation of the facility's systems and manufacturing processes.
I. State Regulations. In the event the State of California implements health and safety regulations
applicable to medical cannabis manufacturing facilities, upon implementation of such State
regulations, all medical cannabis manufacturing facilities operators shall immediately
implement the State regulations. Should there be a conflict between the provisions of this
chapter and the State regulations, the State regulations shall control.
J. Site Security. Each site security plan approved by the Sheriff's Department must include the
following:
Security surveillance cameras. Security surveillance cameras and a video recording
system must be installed to monitor all doors into the buildings on the site, the parking
lot, loading areas, and all exterior sides of the property adjacent to the public rights of
way. The cameras and recording system must be of adequate quality, color rendition,
and resolution to allow the identification of any individual present on the site. The
recording system must be capable of exporting the recorded video in standard MPEG
formats to another common medium, such as a DVD or USB drive.
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2. Security video recording and retention. Video from the security surveillance cameras
must be recording at all times (24 hours a day, seven days a week) and the recording
shall be maintained for at least 30 days. The video recordings shall be made available
to the city upon request.
3. Alarm system. Professionally and centrally- monitored fire, robbery, and burglar alarm
systems must be installed and maintained in good working condition. The alarm system
must include a private security company that is required to respond to every alarm.
K. Cannabis Business Permit. The cannabis manufacturing permittee shall display its current
valid cannabis business permit issued in accordance with this chapter inside the lobby or
waiting area of the main entrance to the manufacturing site. The permit shall be displayed at
all times in a conspicuous place so that it may be readily seen by all persons entering the
manufacturing site.
L. Signs. A cannabis testing laboratory permittee shall post in the lobby of the laboratory site
signs that state the following:
1. "This site is not open to the public."
2. "Retail sales of any goods and services is prohibited."
3. "Juveniles are prohibited from entering this site."
4. "Smoking, ingesting, or consuming cannabis on or within 20 feet of this site is
prohibited."
Each sign described in subsection A must be at least 8 inches by 10 inches in size and must be
displayed at all times in a conspicuous place so that it may be readily seen by all persons entering
the laboratory site.
M. Manufacturing Facility Restricted.
1. No cannabis manufacturing permittee shall open their facility to the public.
2. No cannabis manufacturing permittee shall allow anyone on the manufacturing site,
except for managers, staff, and other persons with a bona fide business or regulatory
purpose for being there, such as contractors, inspectors, and cannabis transporters.
3. A manager must be on the facility site at all times that any other person, except for
security guards, is on the site.
4. While on the manufacturing site, managers and staff of the cannabis testing laboratory
permittee must wear their cannabis testing identification badge, issued by the city, at
all times.
5. Any person other than managers or staff who are on the manufacturing site must sign
in, wear a visitor badge, and be escorted on the site by a manager at all times.
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O. Juveniles Prohibited. No juvenile shall be on the manufacturing site or operate a cannabis
testing laboratory in any capacity, including, but not limited to, as a manager, staff, employee,
contractor, or volunteer.
P. Retail Sales Prohibited. No person shall conduct any retail sales of any good or services on
or from a permitted cannabis manufacturing site.
Q. Cannabis Consumption Prohibited. No person shall smoke, ingest, or otherwise consume
cannabis in any form on, or within 20 feet of, the site.
R. Alcohol Prohibited. No person shall possess, consume, or store any alcoholic beverage on
the site.
17.156.090 Cannabis Testing Laboratory
A. Permitted Locations. Cannabis Testing Laboratories shall only be located in the M -1 or M -2
zoning districts.
B. Permits Required. Cannabis testing laboratories shall obtain a City- issued conditional use
permit, building permit and certificate of occupancy prior to the establishment of the use.
C. Cannabis Business Permit. cannabis testing laboratories shall obtain a cannabis business
permit.
D. Yearly Reporting. The cannabis business permittee shall submit to the City a financial report
on a yearly basis detailing the gross proceeds of the business.
C. Interior Only. cannabis manufacturing shall be conducted only in the interior of fully enclosed
structures, facilities, buildings, or other fully enclosed spaces consistent with the purpose and
intent of this chapter. No cannabis manufacturing shall be visible from any public right -of -way.
E. Operational Requirements. A cannabis testing laboratory site shall comply with the following
requirements:
1. Entrances. All entrances into the buildings on the laboratory site shall be locked at all
times with entry controlled by the cannabis testing laboratory permitee's managers and
staff.
2. Main entrance and lobby. The laboratory site shall have a building with a main entrance
that is clearly visible from the public street or sidewalk. The main entrance shall be
maintained clear of barriers, landscaping, and other obstructions. Inside of the main
entrance, there shall be a lobby to receive persons into the site and to verify whether
they are allowed in the testing areas.
3. Testing area. All testing areas in any building on the laboratory site shall be separated
from the main entrance and lobby, and shall be secured by a lock accessible only to
managers and staff of the cannabis testing laboratory permittee.
4. Transport area. Each building with a testing area shall have an area designed for the
secure transfer of cannabis from a vehicle to the testing area.
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5. Storage area. Each building with a testing area shall have adequate storage space for
cannabis that has been tested or is waiting to be tested. The storage areas shall be
separated from the main entrance and lobby, and shall be secured by a lock accessible
only to managers and staff of the cannabis testing laboratory permittee.
F. Site Security. Each laboratory site security plan approved by the Sheriff's Department must
include the following:
Security surveillance cameras. Security surveillance cameras and a video recording
system must be installed to monitor all doors into the buildings on the laboratory site,
the parking lot, loading areas, and all exterior sides of the property adjacent to the public
rights of way. The cameras and recording system must be of adequate quality, color
rendition, and resolution to allow the identification of any individual present on the
laboratory site. The recording system must be capable of exporting the recorded video
in standard MPEG formats to another common medium, such as a DVD or USB drive.
2. Security video recording and retention. Video from the security surveillance cameras
must be recording at all times (24 hours a day, seven days a week) and the recording
shall be maintained for at least 30 days. The video recordings shall be made available
to the city upon request.
3. Alarm system. Professionally and centrally- monitored fire, robbery, and burglar alarm
systems must be installed and maintained in good working condition. The alarm system
must include a private security company that is required to respond to every alarm.
G. Cannabis Business Permit. The cannabis testing laboratory permittee shall display its current
valid cannabis business permit issued in accordance with this chapter inside the lobby or
waiting area of the main entrance to the laboratory site. The permit shall be displayed at all
times in a conspicuous place so that it may be readily seen by all persons entering the
laboratory site.
H. Signs. A cannabis testing laboratory permittee shall post in the lobby of the laboratory site
signs that state the following:
1. "This site is not open to the public."
2. "Retail sales of any goods and services is prohibited."
3. "Juveniles are prohibited from entering this site."
4. "Smoking, ingesting, or consuming cannabis on or within 20 feet of this site is
prohibited."
Each sign described in subsection A must be at least 8 inches by 10 inches in size and must be
displayed at all times in a conspicuous place so that it may be readily seen by all persons entering
the laboratory site.
Laboratory Site Restricted.
1. No cannabis testing laboratory permittee shall open their laboratory site to the public.
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2. No cannabis testing laboratory permittee shall allow anyone on the laboratory site,
except for managers, staff, and other persons with a bona fide business or regulatory
purpose for being there, such as contractors, inspectors, and cannabis transporters.
3. A manager must be on the laboratory site at all times that any other person, except for
security guards, is on the site.
4. While on the laboratory site, managers and staff of the cannabis testing laboratory
permittee must wear their cannabis testing identification badge, issued by the city, at
all times.
5. Any person other than managers or staff who are on the laboratory site must sign in,
wear a visitor badge, and be escorted on the site by a manager at all times.
J. Juveniles Prohibited. No juvenile shall be on the laboratory site or operate a cannabis testing
laboratory in any capacity, including, but not limited to, as a manager, staff, employee,
contractor, or volunteer.
K. Retail Sales Prohibited. No person shall conduct any retail sales of any good or services on or
from a permitted cannabis testing laboratory site.
L. Cannabis Consumption Prohibited. No person shall smoke, ingest, or otherwise consume
cannabis in any form on, or within 20 feet of, the laboratory site.
M. Alcohol Prohibited. No person shall possess, consume, or store any alcoholic beverage on the
laboratory site.
17.156.100 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 Cannabis pursuant to the CUA, the MMPA,
the MMRSA, and the AMUA as may be amended from time to time.
17.156.110 M -1 and M -2 District Zones.
Should there be a conflict between the provisions of this chapter and LEMC Chapters 17.136 or
17.140, this chapter shall control.
Section 5. If 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. -
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Section 6. This Ordinance shall take effect 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 and Adopted on this 28th day of November 2017.
/1
Mayor
Attest:
Susan M. Domen, MMC
City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
E. Magee
I, Susan M. Domen, M MC, City Clerk of the City of Lake Elsinore, do hereby certify that the
foregoing Ordinance No. 2017 -1383 was introduced at the Regular meeting of November 14,
2017, and adopted by the City Council of the City of Lake Elsinore at its Regular meeting of
November 28, 2017, by the following vote:
AYES: Council Members Manos, Hickman and Tisdale; Mayor Pro Tern Johnson and Mayor Magee
NOES: None
ABSENT: None
ABSTAIN: None
I further certify that said Synopsis was published as required by law in a newspaper of general
circulation in the City of Lake Elsinore, California on the 24th day of November 2017, and on the
2nd day of December 2017.
C x?//', xnl4�-
Susan M. Domen, MMC
City Clerk
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