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Home My WebLink AboutItem No. 17 45-day Moratorium on Acceptance and Processing of New Entitement AppsCity Council Agenda Report City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 19-717 Agenda Date: 8/25/2020 Status: Approval FinalVersion: 1 File Type: Council Business Item In Control: City Council / Successor Agency Agenda Number: 17) Confirmation of a Previously-Approved 45-day Moratorium on the Acceptance and Processing of New Entitlement Applications for Cannabis-Related Land Uses Adopt 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. Page 1 City of Lake Elsinore Printed on 8/20/2020 REPORT TO CITY COUNCIL To: Honorable Mayor and Members of the City Council From: Grant Yates, City Manager Prepared By: Justin Kirk, Assistant Community Development Director Date: August 25, 2020 Subject: Confirmation of a Previously-Approved 45-day Moratorium on the Acceptance and Processing of New Entitlement Applications for Cannabis- Related Land Uses Recommendation Adopt 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. Background On August 11, 2020, by a unanimous vote, the City Council adopted an interim urgency ordinance imposing a 45-day moratorium on the acceptance and processing of new entitlement applications for cannabis related land uses. Discussion Pursuant to Government Code Section 65858, a city council may adopt an interim urgency ordinance in order to protect the public safety, health, and welfare by prohibiting a use that may be in conflict with a zoning proposal that the city council, the planning commission or city’s planning department is considering or studying or intends to study within a reasonable time. Notice and public hearing are not required for adoption of such an urgency ordinance. Adoption of an urgency ordinance does, however, require a four-fifths (4/5) affirmative vote of the city council. If adopted, the ordinance is effective immediately and remains in effect for forty-five (45) days. 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 potential proliferation and concentration of cannabis uses in manufacturing zones in excess of the legislative expectations at the time of adopting the City’s cannabis use ordinance (Chapter 17.156 of the Lake Elsinore Municipal Code). During the adoption process of Chapter 17.156, the City anticipated 10 cannabis businesses utilizing a total of 220,000 square feet of manufacturing space. However, cannabis business applicants have generally proposed smaller operations. While the cumulative total square footage of both approved and pending applications remains Cannabis Uses Moratorium August 25, 2020 Page 2 below 220,000 square feet, the number of approved applications has grown to 16 cannabis businesses. Four more applications are pending and two existing approved applicants have requested modification which are also under review. The City Council established a 45-day moratorium on accepting any new cannabis applications to take effect immediately and directed City staff to consult with the City Council subcommittee in conducting further analysis and studies in order to present findings to the City Council prior to the expiration of the 45-day moratorium on Friday, September 25, 2020. Adoption of the attached ordinance will not change the establishment date of the City Council previous action, but rather sets forth specific parameters of the moratorium and includes language consistent with the requirements of Government Code Section 65858, the California Environmental Quality Act (“CEQA”) and other pertinent legal requirements. Environmental Impact The proposed regulations 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. Accordingly, the proposed ordinance is exempt from the CEQA based on CEQA Guidelines Sections 15061(b)(3), 15262 and 15306. Section 15061(b)(3) exempts actions where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” Section 15262 exempts actions involving only feasibility and planning studies for possible future adoption of an ordinance that has not yet been prepared or adopted. Section 15306 exempts actions consisting of basic data collection, research, experimental management, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource. Fiscal Impact Costs related to this action have been included in the adopted budget for Fiscal Year 2020-21. No additional or new funds are required to be allocated as part of this action or implementation of the moratorium. Exhibits A – Draft Ordinance ORDINANCE NO. ______ 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 saf ety, 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 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. 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 and Adopted on the 11th day of August, 2020 and confirmed by a four-fifth vote of the City Council on the 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, City Clerk of the City of Lake Elsinore, California, hereby certify that the Ordinance establishing the 45 day moratorium was passed at a regular meeting of the City Council of the City of Lake Elsinore held on the 11th day of August, 2020 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: , and that the foregoing Urgency Ordinance No. ______ was passed at a regular meeting of the City Council of the City of Lake Elsinore held on the 25th day of August, 2020 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: _________________________ Candice Alvarez, City Clerk