HomeMy WebLinkAboutItem No. 17 Extension Moratorium Cannabis Land UsesCity Council Agenda Report
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: TMP 21-046
Agenda Date: 3/9/2021 Status: Approval FinalVersion: 1
File Type: Council Public
Hearing
In Control: City Council / Successor Agency
Agenda Number: 17)
Extension of a previously approved seven (7) month four-day moratorium on the acceptance
and processing of entitlement applications for cannabis-related land uses for an additional four
(4) months and 24 days.
adopt, AN URGENCY ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ENACTED
PURSUANT TO GOVERNMENT CODE SECTION 65858 TO EXTEND URGENCY ORDINANCE NO.
1437 FOR AN ADDITIONAL 4 MONTHS AND 24 DAYS AND TO CONTINUE FOR THIS PERIOD THE
TEMPORARY PROHIBITION AGAINST THE ACCEPTANCE AND PROCESSING OF ENTITLEMENT
APPLICATIONS FOR CANNABIS RELATED LAND USES
Page 1 City of Lake Elsinore Printed on 3/4/2021
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared By: Justin Kirk, Assistant Community Development Director
Date: March 9, 2020
Subject: Extension of a previously approved seven (7) month four-day moratorium on the
acceptance and processing of entitlement applications for cannabis-related land
uses for an additional four (4) months and 24 days.
Recommendation
adopt, 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 4 MONTHS AND 24 DAYS AND TO CONTINUE
FOR THIS PERIOD THE TEMPORARY PROHIBITION AGAINST THE ACCEPTANCE AND
PROCESSING OF ENTITLEMENT APPLICATIONS FOR 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.
On August 25, 2020, by a unanimous vote, the City Council confirmed an interim urgency
ordinance imposing a 45-day moratorium on the acceptance and processing of new entitlement
applications for cannabis-related land uses and directed staff to meet with the Cannabis
subcommittee.
On September 22, 2020, by a unanimous vote, the City Council adopted an emergency ordinance
to extend the 45-day moratorium on the acceptance and processing of new entitlement
applications for cannabis-related land uses for five (5) months and 21 days and directed staff to
continue to process the existing application received before the moratorium, facilitate the build of
existing licenses and monitor the impacts of the existing uses in operation.
Discussion
Pursuant to Government Code Section 65858, a city council may extend the interim ordinance for
22 months and 15 days by a four-fifths vote, at a noticed public hearing. Extensions of an interim
ordinance can only be approved twice, and the approval of this extension would represent the
final extension permissible under Section 65858.
Cannabis Uses Moratorium
March 9, 2021
Page 2
Since September 22, 2020, three additional cannabis facilities have come online, one (1) less
than expected, for a total of seven (7) operational facilities. There are still 11 licensed facilities
that have yet to begin operations that are under construction, in plan check, or pending plan check
submittal. There are two (2) pending new applications. Attached to this email are maps of the
Business and the East Lake Districts. Staff met with the Council subcommittee to discuss the
current status of cannabis businesses in the community and how best to move forward. This
discussion focused on:
Potential proliferation and concentration of cannabis use in manufacturing zones more
than the legislative expectations at the time of adopting the City’s cannabis use ordinance
(Chapter 17.156 of the Lake Elsinore Municipal Code) and their impacts.
Limited impacts of the seven (7) operational facilities; no code enforcement complaints.
The concerns related to the concentration and proliferation still exist as the potential
effects of concentration have not been realized as most facilities have not opened.
Because of the limited operational facilities and the remaining concern over the potential impacts
from the unopened facilities, the subcommittee recommended extending the moratorium for an
additional four (4) months and 24 days. Further direction was provided to:
Continue monitoring and studying the uses,
Complete code revisions and present to the subcommittee and
Complete the processing of an ordinance to amend the municipal code’s provisions
regarding cannabis uses to better prevent and protect against the impacts of concentration
and proliferation before the expiration of the moratorium.
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 do not include any direct or
related activities 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 that 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 the 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
B – Subcommittee Report
C - Map of Cannabis Uses in the Business District
D - Map of Cannabis Uses in the East Lake District
ORDINANCE NO. ______
AN URGENCY ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
ENACTED PURSUANT TO GOVERNMENT CODE SECTION 65858 TO
EXTEND URGENCY ORDINANCE NO. 1437 FOR AN ADDITIONAL 4 MONTHS
AND 24 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 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, at the City Council’s meeting on August 25, 2020, the Council confirmed 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, at the City Council’s meeting on September 22, 2020, the Council extend the urgency
ordinance a period of Five (5) months and 21 days.
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.
WHEREAS, on March 9, 2021, 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
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 March 16, 2021, no entitlement
application for a cannabis-related land use shall be accepted for processing for a period of four
(4) months and 24 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 extended 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 9th day of March 2021 by a four-fifth vote of the City Council.
_______________________________
Robert Magee, 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 extending an urgency moratorium was passed at a regular meeting
of the City Council of the City of Lake Elsinore held on the 9th day of March, 2021 by the following
roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________
Candice Alvarez, City Clerk
City Council Cannabis Subcommittee Report
February 26, 2021
The City Council Cannabis Subcommittee has evaluated the City Council findings in connection
with Ordinance No. 1437 adopted on August 11, 2020 and with Ordinance No. 1438 adopted on
September 22, 2020, additional information presented by City staff and makes the following
findings and determinations:
(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) city staff continues to work diligently to get the remaining three (3) of pending applications
entitled, to get the 11 entitled operations an issued occupancy permit to allow for the operations
to commence and to monitor the compliance of the seven (7) operational cannabis facilities with
applicable conditions of approval and observe potential impacts to the surrounding businesses.
(d) the circumstances and conditions that led to the adoption of Ordinances No. 1437 and 1438,
which are set forth in the recitals of Ordinance No. 1437 and 1438 and are fully incorporated
herein by this reference, have not been alleviated and continue to create the concerns described
in Ordinance No. 1437 and 1438; and
(e) the proliferation and potential concentration of cannabis businesses within existing
manufacturing zones could result in the creation of negative secondary effects; and
(f) 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
(g) 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
meaningful study and evaluation of those potential adverse impacts with only 7 of the 18 approved
cannabis businesses operating and an additional 3 applications under review; and
(h) 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
(i) 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 Ordinances No. 1437 and 1438; and
(j) the purpose for extending Ordinances No. 1437 and 1438 are to avoid the potentially significant
adverse impacts to the public’s health, safety, and welfare described in Ordinances No. 1437 and
1438; and
(k) the Subcommittee recommends an extension of 4 months and 24 days and 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; and
(l) 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; and
(m) during the extended moratorium period, no entitlement application for a cannabis-related land
uses, including proposed new uses and expansion of existing uses will be accepted for
processing.
BUSINESS DISTRICT
PA 2018-44
Medcare Farms
PA 2020-84
Kind Delivery
PA 2018-34
Syndicate
PA 2018-41
Trustin Solutions
PA 2018-39
Mr. Nice Guy
PA 2018-38
The Healing Tree
PA 2019-28
Roots 2 Harvest
PA 2018-35
Trucc
PA 2018-46
LECANNA
PA 2019-81
Tree Haus
PA 2019-31
Rahman and Associates
PA 2018-45
The Highest Craft
PA 2020-86
Stellar House
I-
1
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Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GISUser Community
City of Lake Elsinore
Business District
Cannabis Application Locations´0 0.20.1 Miles
Prepared by:
City of Lake Elsinore GIS
February 25, 2021
Data Sources:
County of Riverside GIS
City of Lake Elsinore GIS
Stateplane NAD 83
LEGEND
Operational Cannabis Sites
Pending Cannabis Applications
PA 2018-40
Brighter Systems
PA 2018-33
IE Licensing
PA 2018-37
Modern Leaf
PA 2018-36
VERT
PA 2019-33
Alba Systems
PA 2019-78
Vista Prime
PA 2020-98
SCCC Group
PA 2018-37
Grant Expansion
CE
R
E
A
L
S
T MISSION TRLCORYDON STWAITE ST
LEMON ST
GA
R
D
E
N
S
T
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GISUser Community
City of Lake Elsinore
East Lake District
Cannabis Application Locations´0 0.070.035 Miles
Prepared by:
City of Lake Elsinore GIS
February 25, 2021
Data Sources:
County of Riverside GIS
City of Lake Elsinore GIS
Stateplane NAD 83
LEGEND
Operational Cannabis Sites
Pending Cannabis Applications