HomeMy WebLinkAboutItem No. 18 Planning App. 2017-012 Title 17 Zoning Medical Marijuana DispensariesText File
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 17-395
Agenda Date: 10/24/2017 Status: BusinessVersion: 1
File Type: ReportIn Control: City Council / Successor Agency
Agenda Number: 18)
Page 1 City of Lake Elsinore Printed on 10/19/2017
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Grant Yates, City Manager
Prepared by:Justin Kirk, Principal Planner
Date:October 24, 2017
Project:Planning Application 2017-012: Work Session on a Proposed Amendment
to the City of Lake Elsinore Municipal Code, Title 17 Zoning, Chapter 17.156
Medical Marijuana Dispensaries.
Recommendation
Provide direction to staff on the draft ordinance, preferred Conditions of Approval, and preferred
evaluation criteria.
Background
Proposition 215, the Compassionate Use Act (CUA) of 1996, provides certain legal protections
for qualified patients and primary caregivers that possess or cultivate marijuana. In addition to
Proposition 215, the Legislature enacted the Medical Marijuana Program Act (MMPA) in 2003,
which extends certain legal protections to those that collectively or cooperatively cultivate
marijuana for medical purposes. By exempting qualified patients and caregivers from prosecution
for using or from cultivating medical marijuana, California law basically allows for its cultivation
and use. However, the California Supreme Court has held that neither the CUA nor the MMPA
created a broad right to access medical marijuana or preempted a local government’s ability to
regulate or ban medical marijuana distribution or cultivation.
In 2006, the City Council adopted Ordinance 1173 which amended the Lake Elsinore Municipal
Code to prohibit medical marijuana dispensaries in all zoning districts. The Council did not
address the issue of marijuana cultivation at that time.
Three pieces of legislation, which together are known as “The Medical Marijuana Regulation
and Safety Act,” became state law in October 2015:
AB 243 establishes a regulatory and licensing structure for cultivation sites under the
Department of Food and Agriculture.
AB 266 establishes a dual licensing structure requiring a state license and a local license
or permit. Department of Consumer Affairs heads overall regulatory structure imposing
health and safety and testing standards.
Page 2 of 2
SB 643 establishes criteria for licensing of medical marijuana businesses, regulates
physicians, and recognizes local authority to levy taxes and fees.
AB 243 contains a provisionstating that cities that do not have an ordinance by March 1, 2016
regulating or prohibiting cultivation will lose the authority to regulate or ban cultivation within their
city limits and the state will become the sole licensing authority.
In 2016, the City Council adopted an ordinance which amended the Lake Elsinore Municipal Code
to prohibit medical marijuana dispensaries in all zoning districts. The Council did not address the
issue of marijuana cultivation at that time.
In 2016, Proposition 64 was passed. Proposition 64 allowed adults aged 21 years or older to
possess and use marijuana for recreational purposes. The measure created two new taxes, one
levied on cultivation and the other on retail price.
Discussion and Analysis
Staff was provided general direction to draft an ordinance that permits cultivation and
manufacturing of marijuana products in the M2 General Manufacturing district, subject to the
approval of a Conditional Use Permit. Further, direction was provided to have the ordinance that
permits dispensaries and distribution facilities as accessory uses to permitted cultivation or
manufacturing uses. Lastly, direction was provided to establish a yearly license and a corollary
development agreement fee to reduce impacts of the recreational and medical use of marijuana
on public safety.
The drafted ordinance provides a regulatory framework, which permits cultivation, manufacturing,
and testing of marijuana products in the M2 district, subject to the approval of a Conditional Use
Permit and Cannabis Business Permit. This framework includes definitions of specific elements
of the marijuana industry, banning on the consumption of alcohol or cannabis onsite, the
requirement of a security plan, signage, prohibition of juveniles onsite, specific parameters on the
equipment and processes used, and other measures to reduce the potential impacts of the subject
uses. With respect to the dispensaries and distribution facilities, the draft ordinance specifies that
those uses are accessory and limited to no more than 25% of gross floor area and/or 50% of
gross proceeds, with the same requirements as stipulated for the cultivation, manufacturing and
testing of cannabis products.
Exhibits
A. Map of M1 and M2 locations
B. Draft Ordinance - Legislative Copy
C. Draft Ordinance – Clean Copy
RIVERSIDELAKESHORECOLLIERCHANEYDEXTERJOYMINTHORNCENTRALSUMNERMAINNICHOLSFLINTSPRINGNICHOLSDEXTERDEXTERCENTRALNICHOLSMarijuana Initiative AnalysisPrepared by:City of Lake Elsinore GISData Sources:City of Lake Elsinore GISCounty of Riverside GISCity BoundaryInterstate 15Highway 74M1 - Limited ManufacturingM2 - General ManufacturingMISSIONCORYDONCEREAL BUNDY CANYON
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ORDINANCE NO. __________
AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING
TITLE 17, CHAPTER 17.156, 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; and,
Whereas, pursuant to Title 14 of the California Code of Regulations, Section 15061(b) (3), the
City of Lake Elsinore (City) has determined that it can be seen with certainty that there is no
possibility that adoption of Municipal Code Amendment No. 2017-01 may have a significant effect
on the environment; and therefore the zoning code amendment is exempt from CEQA; and,
Whereas, on XXXX XX, XXXX, 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
Municipal Code Amendment No. 2017-01 by adopting Planning Commission Resolution No.
2017-XX recommending to the Council approval of Municipal Code Amendment No. 2017-01;
and,
Whereas, on XXXX XX, XXXX, 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 (GP) 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 GP and the LEMC.
Section 2.The Council finds that this Ordinance is not subject to the California Environmental
Quality Act (“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 Municipal Code 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.
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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 Cannabis within the City.
2.The proposed zoning code amendments are consistent with the Goals, Policies
and Implementation Programs of the GP 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 GP.
Section 4.Chapter 17.156 of the LEMC Regulation of Medical Cannabis Dispensaries is hereby
amended to read as follows:
Chapter 17.156
MEDICAL CANNABIS USES DISPENSARIES AND CULTIVATION
Sections:
17.156.010 Purpose and Intent
17.156.020 Interpretation and Applicability
17.156.030 Definitions
17.156.040 Medical Cannabis Dispensaries Prohibited.
17.156.050 Cannabis Distribution
17.156.060 Medical Cannabis Cultivation
17.156.070 Cannabis Manufacturing
17.156.080 Cannabis Testing Laboratory
17.156.080 Enforcement
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 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 State
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
Code, upon application and subject to such additional regulations as may be promulgated
pursuant to this chapter.
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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 dispensaries and medical Cannabis cultivation, distribution, 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).
"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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“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 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), and the Medical Cannabis Program Act
(California Health and Safety Code Section 11362.7 et seq.), and Proposition 64, Cannabis
Legalization.
“Medical 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 more of
the following: a primary caregiver, a qualified patient, or a patient with an identification card
individuals 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. All three of these terms are identified in strict accordance with California Health
and Safety Code Section 11362.5 et seq. A medical Cannabis 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 to 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.
“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 medical Cannabis products
between entities 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 Conditional 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.
“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.).
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“Occupied” means currently, presently, and lawfully utilized as the primary dwelling of one or more
persons 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.
“School” means any educational facility which primarily provides educational services to
individuals under the age of 18.
17.156.040 Medical Cannabis Dispensaries Prohibited.
Medical Cannabis dispensaries are prohibited in all City zones, and no license, use
permit, temporary permit, or permit shall be issued therefor.
A.Permitted Locations. Medical Cannabis dispensaries shall only be located in the
M-2 General Manufacturing zone district.
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% of the total area of the business or
50% of gross proceeds of the business.
C.Conditional Use Permit. Dispensaries shall only be permitted when either a
Cannabis cultivation facility or Cannabis manufacturing facility has obtained a valid City
issued Conditional Use Permit.
D.Cannabis Business Permit. 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 licensee shall submit to the City a financial report on a yearly basis detailing
the gross proceeds of the business.
F. Storage. A medical 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. Medical 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 laboratory site security plan approved by the Sheriff’s
Department must include the following:
1.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
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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 article 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.
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 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.“The sale of cannabis and the diversion of cannabis for non-medical
purposes are violations of state law.”
5.Signs on the medical cannabis dispensary building shall not obstruct the
entrance or windows of the dispensary.
I.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.No cannabis dispensary permittee shall allow anyone in the dispensary
building, except for qualified patients, primary caregivers, persons with
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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.
J. Juveniles Prohibited. No juvenile shall be on the dispensary site or operate a
cannabis testing laboratory 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 laboratory 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 permitee 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 city manager imposes
more restrictive hours as a condition of the permit.
17.156.050 Cannabis Distribution
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A.Permitted Locations. Cannabis distribution shall only be located in the M-2 General
Manufacturing zone district.
B.Limitation of Use. Cannabis distribution shall be permitted as an accessory use to either
a CannabisCultivation Facility or Cannabismanufacturing facility. In no case shall either the gross
floor area of the dispensary exceed 25% of the total area of the business or 50% of gross
proceeds of the business.
C.Conditional Use Permit. Cannabis distribution shall only be permitted when either a
Cannabis cultivation facility or Cannabis manufacturing facility has obtained a valid City issued
Conditional Use Permit.
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 licensee shall submit to the City a financial report on a yearly basis
detailing the gross proceeds of the business.
17.156.060 Medical 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.No license, use permit, temporary permit, or permit shall be issued for the cultivation of
Cannabis within the City.
C. Permitted Locations. Medical Cannabis cultivation facilities involving the cultivation of
mature flowering medical Cannabis plants shall only be located in the M-2 General Manufacturing
zone district in the City.
D.On-site smoking, ingestion, or consumption of cannabis or alcohol shall be prohibited.
E.Permits. Cannabis cultivation facilities shall obtain a City-issued Conditional Use Permit
prior to the establishment of the use.
F.Cannabis Business Permit. Dispensaries shall obtain a valid City issued Cannabis
Business Permit.
G.The licensee 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.
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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.
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 city manager must
include the following:
1.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 article 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.
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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.
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 one thousand
(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.
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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 per qualified patient. 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.
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 (10) feet from all boundaries of the premises. Such setback distance shall
be measured in a straight line from the building in which the Cannabisplants 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
12
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:
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 (10) feet from all boundaries of the premises. Such setback distance shall
be measured in a straight line from the building in which the Cannabisplants 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.
13
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 one thousand
(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.
17.156.070 Cannabis Manufacturing
A.Permitted Locations. Cannabis manufacturing facilities shall only be located in the M-2
General Manufacturing zoning district, subject to the regulations set forth in this chapter and any
additional regulations as may be promulgated hereunder by an ordinance or resolution of the City
Council or otherwise pursuant to this chapter.
B.Permits. Cannabis manufacturing facilities shall obtain a City-issued Conditional Use
Permit.
D.Cannabis Business Permit. Dispensaries shall only be permitted when either a Cannabis
cultivation facility or Cannabis manufacturing facility has obtained a valid City issued Cannabis
Business Permit.
D.The licensee 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.
D.On-site smoking, ingestion, or consumption of cannabis or alcohol shall be prohibited
E.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
14
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. All solvents used must be of at least
ninety-nine percent purity.
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.
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.
F.PhD Chemist. As a condition of obtaining a City-issued medical Cannabis regulatory
permit and Conditional Use Permit, a licensee of a manufacturing facility desiring to operate under
this chapter shall first verify that the licensee employs or contracts with a person who has a PhD
in chemical sciences 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 licensee shall submit to the City a written
statement that he or she certifies under penalty of perjury that the name of the
15
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.
G.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.
F. Site Security. Each laboratory site security plan approved by the Sheriff’s Department
must include the following:
1.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 article 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.
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I.Laboratory Site Restricted.
1.No cannabis testing laboratory permittee shall open their laboratory site to the
public.
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 Prohibitied. 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.
17.156.080 Cannabis Testing Laboratory
A.Permitted Locations. Cannabis Testing Laboratories shall only be located in the M-2
General Manufacturing zoning district, subject to the regulations set forth in this chapter and any
additional regulations as may be promulgated hereunder by an ordinance or resolution of the City
Council or otherwise pursuant to this chapter.
B.Permits. Cannabis Testing Laboratories shall obtain a City-issued Conditional Use Permit.
Cannabis Business Permit. Cannabis Testing Laboratories shall obtain a Cannabis Business
Permit.
D.Yearly Reporting. The licensee 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.
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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.
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:
1.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 article 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.
18
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.
I.Laboratory Site Restricted.
1.No cannabis testing laboratory permittee shall open their laboratory site to the
public.
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 Prohibitied. 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.
17.156.090 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
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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. Compassionate Use Act
(California Health and Safety Code Section 11362.5) or the Medical Cannabis 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 Cannabis for nonmedical purposes in violation
of state or federal law.
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 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.
INTRODUCED at a regular meeting of the City Council of the City of Lake Elsinore, California, on
the day of , 2017, and ADOPTED at a regular meeting of the City Council of
the City of Lake Elsinore, California, on the ____ day of ________, 2017.
____________________________________
Mayor Robert Magee
City of Lake Elsinore City Council
Attest:
______________________________
Susan Domen, MMC, City Clerk
APPROVED AS TO FORM:
_____________________________
Barbara Zeid Leibold, City Attorney
1
ORDINANCE NO. __________
AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING
TITLE 17, CHAPTER 17.156, 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; and,
Whereas, pursuant to Title 14 of the California Code of Regulations, Section 15061(b) (3), the
City of Lake Elsinore (City) has determined that it can be seen with certainty that there is no
possibility that adoption of Municipal Code Amendment No. 2017-01 may have a significant effect
on the environment; and therefore the zoning code amendment is exempt from CEQA; and,
Whereas, on XXXX XX, XXXX, 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
Municipal Code Amendment No. 2017-01 by adopting Planning Commission Resolution No.
2017-XX recommending to the City Council (Council) approval of Municipal Code Amendment
No. 2017-01; and,
Whereas, on XXXX XX, XXXX, 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 (GP) 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 GP and the LEMC.
Section 2.The Council finds that this Ordinance is not subject to the California Environmental
Quality Act (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 Municipal Code 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.
2
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 Cannabis within the City.
2.The proposed zoning code amendments are consistent with the Goals, Policies
and Implementation Programs of the GP 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 GP.
Section 4.Chapter 17.156 of the LEMC Regulation of Medical Cannabis Dispensaries is hereby
amended 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 Dispensaries
17.156.050 Cannabis Distribution
17.156.060 Cannabis Cultivation
17.156.070 Cannabis Manufacturing
17.156.080 Cannabis Testing Laboratory
17.156.080 Enforcement
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 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 State
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
Code, upon application and subject to such additional regulations as may be promulgated
pursuant to this chapter.
3
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 dispensaries and medical Cannabis cultivation, distribution, 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).
"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.
4
“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 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), and 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 more individuals
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 medical Cannabis products
between entities 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 Conditional 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.
“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 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.
“School” means any educational facility which primarily provides educational services to
individuals under the age of 18.
17.156.040 Cannabis Dispensaries Prohibited.
5
A.Permitted Locations. Medical Cannabis dispensaries shall only be located in the
M-2 General Manufacturing zone district.
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% of the total area of the business or
50% of gross proceeds of the business.
C.Conditional Use Permit. Dispensaries shall only be permitted when either a
Cannabis cultivation facility or Cannabis manufacturing facility has obtained a valid City
issued Conditional Use Permit.
D.Cannabis Business Permit. 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 licensee shall submit to the City a financial report on a yearly basis detailing
the gross proceeds of the business.
F. Storage. A medical 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. Medical 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 laboratory site security plan approved by the Sheriff’s
Department must include the following:
1.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.
6
H. Cannabis Business Permit. The dispensary permittee shall display its current valid
cannabis business permit issued in accordance with this article 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.
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 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.“The sale of cannabis and the diversion of cannabis for non-medical
purposes are violations of state law.”
5.Signs on the medical cannabis dispensary building shall not obstruct the
entrance or windows of the dispensary.
I.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.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.
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5.Any person other than managers or staff shall be escorted by a manager at
all times while in the medical cannabis dispensary building.
J. Juveniles Prohibited. No juvenile shall be on the dispensary site or operate a
cannabis testing laboratory 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 laboratory 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 permitee 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 city manager imposes
more restrictive hours as a condition of the permit.
17.156.050 Cannabis Distribution
A.Permitted Locations. Cannabis distribution shall only be located in the M-2 General
Manufacturing zone district.
B.Limitation of Use. Cannabis distribution shall be permitted as an accessory use to either
a CannabisCultivation Facility or Cannabismanufacturing facility. In no case shall either the gross
floor area of the dispensary exceed 25% of the total area of the business or 50% of gross
proceeds of the business.
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C.Conditional Use Permit. Cannabis distribution shall only be permitted when either a
Cannabis cultivation facility or Cannabis manufacturing facility has obtained a valid City issued
Conditional Use Permit.
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 licensee shall submit to the City a financial report on a yearly basis
detailing the gross proceeds of the business.
17.156.060 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. Medical Cannabis cultivation facilities involving the cultivation of
mature flowering medical Cannabis plants shall only be located in the M-2 General Manufacturing
zone district in the City.
D.On-site smoking, ingestion, or consumption of cannabis or alcohol shall be prohibited.
E.Permits. Cannabis cultivation facilities shall obtain a City-issued Conditional Use Permit
prior to the establishment of the use.
F.Cannabis Business Permit. Dispensaries shall obtain a valid City issued Cannabis
Business Permit.
G.The licensee 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.
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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.
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 city manager must
include the following:
1.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 article 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.”
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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.
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 one thousand
(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 per qualified patient. 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)
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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.
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 (10) feet from all boundaries of the premises. Such setback distance shall
be measured in a straight line from the building in which the Cannabisplants 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.
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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:
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 (10) feet from all boundaries of the premises. Such setback distance shall
be measured in a straight line from the building in which the Cannabisplants 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.
13
11. The Cannabis cultivation shall not be upon any premises located within one thousand
(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.
17.156.070 Cannabis Manufacturing
A.Permitted Locations. Cannabis manufacturing facilities shall only be located in the M-2
General Manufacturing zoning district, subject to the regulations set forth in this chapter and any
additional regulations as may be promulgated hereunder by an ordinance or resolution of the City
Council or otherwise pursuant to this chapter.
B.Permits. Cannabis manufacturing facilities shall obtain a City-issued Conditional Use
Permit.
D.Cannabis Business Permit. Dispensaries shall only be permitted when either a Cannabis
cultivation facility or Cannabis manufacturing facility has obtained a valid City issued Cannabis
Business Permit.
D.The licensee 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.
D.On-site smoking, ingestion, or consumption of cannabis or alcohol shall be prohibited
E.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.
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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. All solvents used must be of at least
ninety-nine percent purity.
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.
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.
F.PhD Chemist. As a condition of obtaining a City-issued medical Cannabis regulatory
permit and Conditional Use Permit, a licensee of a manufacturing facility desiring to operate under
this chapter shall first verify that the licensee employs or contracts with a person who has a PhD
in chemical sciences 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 licensee 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.
G.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
15
implement the State regulations. Should there be a conflict between the provisions of this chapter
and the State regulations, the State regulations shall control.
F. Site Security. Each laboratory site security plan approved by the Sheriff’s Department
must include the following:
1.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 article 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.
I.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 Prohibitied. 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.
17.156.080 Cannabis Testing Laboratory
A.Permitted Locations. Cannabis Testing Laboratories shall only be located in the M-2
General Manufacturing zoning district, subject to the regulations set forth in this chapter and any
additional regulations as may be promulgated hereunder by an ordinance or resolution of the City
Council or otherwise pursuant to this chapter.
B.Permits. Cannabis Testing Laboratories shall obtain a City-issued Conditional Use Permit.
Cannabis Business Permit. Cannabis Testing Laboratories shall obtain a Cannabis Business
Permit.
D.Yearly Reporting. The licensee 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:
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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.
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:
1.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 article 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.”
18
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.
I.Laboratory Site Restricted.
1.No cannabis testing laboratory permittee shall open their laboratory site to the
public.
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 Prohibitied. 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.
17.156.090 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.
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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 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.
INTRODUCED at a regular meeting of the City Council of the City of Lake Elsinore, California, on
the day of , 2017, and ADOPTED at a regular meeting of the City Council of
the City of Lake Elsinore, California, on the ____ day of ________, 2017.
____________________________________
Mayor Robert Magee
City of Lake Elsinore City Council
Attest:
______________________________
Susan Domen, MMC, City Clerk
APPROVED AS TO FORM:
_____________________________
Barbara Zeid Leibold, City Attorney