HomeMy WebLinkAboutOrd. No. 2020-1437 Urgency Cannabis MoratoriumORDINANCE NO. 2020-1437
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, CONFIRMING ESTABLISHMENT OF A 45-DAY
MORATORIUM ON THE ACCEPTANCE AND PROCESSING OF NEW
ENTITLEMENT APPLICATIONS FOR THE PURPOSES OF CANNABIS
RELATED LAND USES.
WHEREAS, the City of Lake Elsinore Zoning Code, Title 17 (“Zoning Code”) is an
implementation measure of the General Plan which provides zoning criteria for specific uses
intended to carry out the policies and programs of the General Plan; and
WHEREAS, in 2017, the City Council amended the Zoning Code by adopting Ordinance
No. 1383 adding Chapter 17.156 which authorized cannabis businesses to operate within
designated zoning districts; and
WHEREAS, at the time of the adoption of Ordinance No. 1383, it was anticipated that 10
cannabis businesses would each typically utilize the full microbusiness license of 22,000 interior
square feet with a total development area for all cannabis businesses of 220,000 square feet; and
WHEREAS, Section 17,156.040(F) of the Lake Elsinore Municipal Code provides for up
to 10 cannabis businesses within the City’s manufacturing districts and, further, provides for
additional cannabis business sites upon a finding of public convenience; and
WHEREAS, since the adoption of Ordinance No. 1383, the City Council has approved 16
conditional use permits for cannabis businesses with a total area of approximately 150,000 square
feet; and
WHEREAS, there currently exists three pending applications for cannabis business and
two existing approved applicants have requested modification which are also under review; and
WHEREAS, at the City Council’s meeting on August 11, 2020, the Council determined
that there was a need to act immediately in order to protect the public safety, health, and welfare
from a concentration and potential proliferation of cannabis uses in excess of the legislative
expectations at the time of adopting Ordinance No. 1383; and
WHEREAS, the City has made a conscientious effort to plan for specific uses within all
zone districts and to anticipate conflicts between competing land uses in order to protect the
public’s health, safety and welfare; and
WHEREAS, the proliferation and potential concentration of cannabis businesses within
existing manufacturing zones could result in the creation of negative secondary effects, and
WHEREAS, for the benefit of applicants and residents of the City alike, it is critical that
appropriate regulations to implement the General Plan Land Use Element objectives and policies
are established within the City’s Zoning Ordinance; and
WHEREAS, in order to allow time for the City to consider and study possible enactments
or other implementing regulations, it is necessary to suspend acceptance of any new applications
for cannabis businesses; and
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WHEREAS, Government Code section 65858 allows the City Council to adopt as an
urgency measure an interim ordinance prohibiting any uses that may be in conflict with a
contemplated zoning proposal that the City Council, the Planning Commission, or the Community
Development Department intends to study within a reasonable time; and
WHEREAS, the proposed measure will place a temporary moratorium on the acceptance
and processing of new entitlement applications for cannabis related land uses and does not
include any direct or related action which would have a significant effect on the environment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
HEREBY ORDAINS AS FOLLOWS:
Section 1. The foregoing recitals are true and correct and are hereby incorporated into
the body of this Ordinance as substantive findings of the City Council.
Section 2. The City Council finds and determines as follows:
(a) The adoption of this Ordinance is exempt from the application of the California
Environmental Quality Act, Public Resources Code Section 21000 et seq., pursuant to Sections
15061(b), 15262 and 15306 of the State CEQA Guidelines, 14 California Code of Regulations
Section 15000, et seq.; and
(b) The City must protect the long-term integrity and viability of manufacturing facilities
and promote and encourage commercial and industrial economic diversity under its General Plan
Land Use Element; and
(c) The City cannot ensure that the City’s objectives and policies will be implemented
properly without specific development standards in place; and
(d) There exists a current and immediate threat to the public health, safety and welfare
because the proliferation and concentration of cannabis businesses may be in conflict with the
contemplated general plan implementing regulations and development standard proposals that
the City is considering or intends to study within a reasonable time; and
(e) There is no feasible alternative to enactment of this interim moratorium that will
satisfactorily mitigate or avoid the previously identified impacts to the public health, safety and
welfare with a less burdensome or restrictive effect; and
(f) In order to ensure the effective implementation of the City’s land use objectives
and policies, a temporary moratorium suspending the acceptance of new applications for
cannabis-related land uses is necessary.
Section 3. Imposition of Moratorium. From and after August 11, 2020, no entitlement
application for a cannabis-related land use shall be accepted for processing for a period of 45
days.
Section 4. Study. The City Council hereby directs the Community Development
Department to consider and study possible means of preventing the proliferation and/or
concentration of cannabis businesses, including zoning-based regulations and other regulations.
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Section 5. Severability. If any provision of this Ordinance or its application is held
invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions,
sections, or applications of the Ordinance which can be given effect without the invalid provision
or application, and to this end each phrase, section, sentence, or word is declared to be severable.
Section 6. Effective Date. An Ordinance establishing the 45-day moratorium has been
made effective as of August 11, 2020 upon its adoption by a four-fifth vote of the City Council.
Section 7. Certification. The City Clerk shall certify to the passage of this Ordinance and
shall cause this Ordinance to be posted or published as prescribed by law.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the
City of Lake Elsinore, California, on this 25th day of August 2020.
Brian Tisdale
Mayor
Attest:
Candice Alvarez, MMC
City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that
Urgency Ordinance No. 2020-1437 was adopted by the City Council of the City of Lake Elsinore,
California, at the Regular meeting of August 25, 2020 and that the same was adopted by the
following vote:
AYES: Council Members Manos, Johnson, and Sheridan; Mayor Pro-Tem Magee; and
Mayor Tisdale
NOES: None
ABSENT: None
ABSTAIN: None
Candice Alvarez, MMC
City Clerk
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