HomeMy WebLinkAboutOrd. No. 2020-1438 Urgency Cannabis Moratorium ContinuedDocuSign Envelope ID: 2C109B97-2BA3-4240-A4F2-9D3D97F6F66E
ORDINANCE NO. 2020-1438
AN URGENCY ORDINANCE OF THE CITY OF LAKE ELSINORE ENACTED
PURSUANT TO GOVERNMENT CODE SECTION 65858 TO EXTEND
URGENCY ORDINANCE NO. 1437 FOR AN ADDITIONAL 5 MONTHS AND 21
DAYS AND TO CONTINUE FOR THIS PERIOD THE TEMPORARY
PROHIBITION AGAINST THE ACCEPTANCE AND PROCESSING OF
ENTITLEMENT APPLICATIONS FOR 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 of the City of Lake Elsinore ("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, three pending applications for new cannabis business uses and two pending
applications by existing approved cannabis businesses requesting modifications were submitted
prior to the August 11, 2020 City Council meeting and are currently under review by Community
Development staff; 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, on August 11, 2020, the City 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, pursuant to Section 65858 of the California Government Code,
adopted an interim urgency ordinance imposing a 45-day moratorium on the acceptance and
processing of new entitlement applications for cannabis related uses; and
Whereas, on August 25, 2020, the City Council confirmed its adoption of Urgency
Ordinance No. 1437 and its findings and determination thereunder imposing a 45-day moratorium
on the acceptance and processing of new entitlement applications for cannabis related uses; and
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Urgency Ordinance No. 2020-1438
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Whereas, in accordance with Section 65858(a) of the California Government Code,
Ordinance No. 1437 shall expire and be of no further force and effect forty-five (45) days from its
date of adoption, or September 25, 2020; and
Whereas, Section 65858(a) of the California Government Code provides that prior to the
expiration of Ordinance No. 1437, the City may extend Ordinance No. 1437 for up to an additional
ten (10) months and fifteen (15) days after giving notice pursuant to Section 65090 of the
California Government Code and conducting a public hearing; and
Whereas, in accordance with Government Code Section 65858(d), prior to the September
22, 2020 noticed public hearing, the Council Cannabis Subcommittee issued a written report
describing the measures taken and to be taken to alleviate the circumstances and conditions that
led to the adoption of Ordinance No. 1437 ("Council Report"); and
Whereas, on September 22, 2020, at a duly noticed Public Hearing, the City Council
considered the Council Report as well as the staff report and other evidence presented by the
Community Development Department and other interested parties and based thereon has
determined there is a need to extend the temporary prohibition on the acceptance and processing
of entitlement applications for cannabis related land uses as currently authorized under Ordinance
No. 1437.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE HEREBY
ORDAINS AS FOLLOWS:
Section 1. Incorporation of Recitals. 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. Findings. The City Council further finds and determines as follows:
(a)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
(b)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
(c)the circumstances and conditions that led to the adoption of Ordinance No. 1437,
which are set forth in the recitals of Ordinance No. 1437 and are fully incorporated herein by this
reference, have not been alleviated and continue to create the concerns described in Ordinance
No. 1437; and
(d)the proliferation and potential concentration of cannabis businesses within existing
manufacturing zones could result in the creation of negative secondary effects; and
(e)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
(f)the City cannot ensure that the City's objectives and policies will be implemented
properly without understanding the impacts of cannabis related land uses and cannot complete a
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Urgency Ordinance No. 2020-1438
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meaningful study and evaluation of those potential adverse impacts with only 4 of the 16 approved
cannabis businesses operating and an additional 5 applications under review; and
(g) 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
(h) in order to allow time for the City to consider and study the impacts of cannabis
related land uses and possible amendments to the Lake Elsinore General Plan and the City's
Zoning Code, specifically Lake Elsinore Municipal Code Chapter 17.156 and implementing
regulations effecting specific development standards necessary and appropriate to ensure that
cannabis related land uses are regulated in a way that protects the community and complies with
applicable law, the City Council finds a temporary moratorium suspending the acceptance of new
applications for cannabis-related land uses is necessary and now seeks to extend the temporary
moratorium under Ordinance No. 1437; and
(i) the purpose for extending Ordinance No. 1437 is to avoid the potentially significant
adverse impacts to the public's health, safety, and welfare described in Ordinance No. 1437; and
U) adoption of this Ordinance and the extension of Ordinance No. 1437 are necessary
for the current and immediate protection of the public health, safety, and welfare of the City and
its residents for all the reasons set forth in Ordinance No. 1437 and set forth herein; and
(k) there is no feasible alternative to enactment of this interim moratorium that will
satisfactorily mitigate or avoid the impacts to the public health, safety and welfare with a less
burdensome or restrictive effect.
Section 3. Imposition of Moratorium. Pursuant to section 65858 of the California
Government Code, adoption of this Ordinance shall constitute an extension of Ordinance No.
1437 for period of an additional five (5) months and 21 days, ending on March 16, 2021. During
the extended moratorium period adopted by this Urgency Ordinance, no entitlement application
for a cannabis-related land use, including proposed new uses and expansion of existing uses
shall be accepted for processing. For purposes of this Ordinance, "cannabis related land use"
means any cannabis business as defined by Lake Elsinore Municipal Code Section 17.156.030.
Section 4. Study. The City Council hereby directs the Community Development
Department to study the impacts of cannabis businesses and consider possible means of
preventing adverse impacts related to the proliferation and/or concentration of cannabis
businesses, including zoning-based regulations and other regulations.
Section 5. CEQA Exemption. The City Council finds and determines that 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
Section 6. 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.
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Urgency Ordinance No. 2020-1438
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Section 7. Effective Date. This Urgency Ordinance shall be immediately effective upon
adoption by a four-fifths vote of the City Council and shall extend the moratorium enacted by
Ordinance No. 1437 effective as of August 11, 2020.
Section 8. 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 22nd day of September 2020.
Attest:
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DocuSigned by:
L�B149748C400 ...
Candice Alvarez, MMC
City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
�:·:;;;U,, Brian Tisdale &ss&E&2423234Js ...
Mayor
CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that
Urgency Ordinance No. 2020-1438 was adopted by the City Council of the City of Lake Elsinore,
California, at the Regular meeting of September 22, 2020 and that the same was adopted by the
following vote:
AYES: Council Members Manos, Johnson, and Sheridan; Mayor Pro-Tern Magee; and
Mayor Tisdale
NOES: None
ABSENT: None
ABSTAIN: None
l,
DocuSigned by:
L�B149748C400 ...
Candice Alvarez, MMC
City Clerk