HomeMy WebLinkAboutResolution 2021-32 Amend, Restate & Update LEMC Chapter 17.156 Cannabis UsesRESOLUTION NO. 2021-32
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY LAKE
ELSINORE RECCOMENDING THAT THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE ADOPT AN ORDINANCE OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, TO AMEND AND RESTATE IN ITS ENTIRETY CHAPTER 17.156
CANNABIS USES OF THE LAKE ELSINORE MUNICIPAL CODE WITH AN
UPDATED CHAPTER 17.156 CANNABIS USES
Whereas, Chapter 17.156 (Cannabis Uses) of the Lake Elsinore Municipal Code (“LEMC”)
sets forth the regulation for cannabis related uses; and,
Whereas, the City desires to amend the Lake Elsinore Municipal Code (“LEMC”) to more
efficiently regulate cannabis uses in accordance with State law in order to promote the health,
safety, and general welfare of the residents and businesses within the City; and
Whereas, Section 17.415.110 of the LEMC requires the Planning Commission of the City
of Lake Elsinore to review proposed amendments to Title 17 and after examining a proposed
amendment to make recommendations of its findings to the City Council; and
Whereas, on July 20, 2021, at a duly noticed public hearing the Planning Commission has
considered evidence presented by the Community Development Department and other interested
parties with respect to this item.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND RECOMMEND TO THE CITY COUNCIL AS FOLLOWS:
Section 1: The Planning Commission has reviewed and analyzed the proposed
amendments of Title 17 of the Lake Elsinore Municipal Code pursuant to the California Planning
and Zoning Laws (Cal. Gov. Code Sec 65000 et. seq.), the Lake Elsinore General Plan and the
Lake Elsinore Municipal Code and finds that the proposed amendments are consistent with the
requirements of California Planning and Zoning Law and with the goals and policies of the Lake
Elsinore General Plan and the Lake Elsinore Municipal Code.
Section 2: The Planning Commission hereby finds and determines that the proposed
amendments to the Lake Elsinore Municipal Code are exempt from the California Environmental
Quality Act (Cal. Publ. Res. Code §§21000 et seq. “CEQA”) and the State CEQA Guidelines (14.
Cal. Code Regs §§15000 et seq.), specifically pursuant to pursuant to Sections 15060(c)(2),
15060(c)(3), and 15061(b)(3) of the State CEQA Guidelines because it will not result in a direct
or reasonably foreseeable indirect physical change in the environment, because there is no
possibility that it may have a significant effect on the environment, and because it is not a “project”
as that term is defined in Section 15378 of the State CEQA Guidelines.
Section 3: In accordance with Government Code Section 65855, the Planning Commission
sets forth the following findings for its recommendation that the City Council amend Title 17 of the
Lake Elsinore Municipal Code:
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 and recreational cannabis
within the City.
2.The proposed zoning code amendments are consistent with the Goals, Policies and
Implementation Programs of the General Plan 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 General
Plan.
Section 4. Based upon the evidence presented, both written and testimonial, and the
above findings, the Planning Commission hereby recommends that the City Council approve the
amendment of Title 17 of the Lake Elsinore Municipal Code attached hereto as Exhibit “A”.
Section 5: This Resolution shall take effect immediately upon its adoption.
Passed and Approved at a regular meeting of the Planning Commission of the City of Lake
Elsinore, California, on the 20th day of July 2021.
Rendell Klaarenbeek
Chair
Attest:
____________________________
Justin Kirk
Assistant Community Development Director
FOR:
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Justin Kirk, Assistant Community Development Director of the City of Lake Elsinore, California,
do hereby certify that Resolution No. 2021-32 was adopted by the Planning Commission of the
City of Lake Elsinore, California, at the regular meeting of July 20, 2021, and that the same was
adopted by the following vote:
AYES: Commissioners Peters and Dobler; Vice Chair Gray; and Chair Klaarenbeek
NOES: None
ABSENT: Commissioner Carroll
ABSTAIN: None
Justin Kirk
Assistant Community Development Director
FOR:
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“Exhibit A”
PROPOSED REVISIONS; SUPERCEDE AND REPLACE WITH THIS
Red underlined text – new
Black text – codified 17.156 language, may be reorganized
Strike out text – proposed deleting codified text
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 Permitted locations.
17.156.050 Limitation on uses.
17.156.060 Permits required
17.156.070 Cannabis business permit.
17.156.080 Cannabis dispensaries.
17.156.090 Cannabis distribution.
17.156.100 Cannabis cultivation.
17.156.110 Cannabis manufacturing.
17.156.120 Cannabis testing laboratory.
17.156.130 Site Security.
17.156.140 Prohibited activity.
17.156.150 Signs.
17.156.160 Enforcement.
17.156.170 M-1 and M-2 zoning districts.
17.156.180 Severability.
.
17.156.010 Purpose and intent.
The purpose and intent of this chapter are to regulate the dispensing, cultivation, processing,
manufacturing, testing and distribution of medical and recreational 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 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 chapter 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 cultivation, dispensaries, distribution, testing, and manufacturing
facilities and/or recreational cannabis cultivation, dispensaries, distribution, testing, 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).
“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.
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“Cannabis business” means any use that conducts medical cannabis cultivation, dispensaries,
distribution, testing, and manufacturing facilities and/or recreational cannabis cultivation,
dispensaries, distribution, testing, and manufacturing facilities.
“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), 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 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 recreational cannabis products
between entities, including delivery to end users, 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 testing laboratory” laboratories” means a facility for testing, analysis, and/or research.
Similar types of lab uses include medical labs, soils, materials testing labs, and forensic labs.
Laboratories are a necessary component of the cannabis licensing scheme because testing is
required to be done on each cannabis crop to determine constituents such as cannabinols
(CBD’s), tetrahydrocannabinol (THC), pesticide residuals, mold, and fungus.
“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 recreational cannabis products, or the labeling or relabeling of its containers, occurs,
provided the facility holds a valid condition 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.
“Cannabis use” means any business that conducts cannabis cultivation, dispensaries,
distribution, testing, and manufacturing facilities.
“Delivery” shall have the same meaning as the definition set forth in California Business and
Professions Code Section 26001, as that section may be amended from time to time.
"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.
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“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.
“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.
“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.).
“Private residence” means a house, apartment unit, mobile home or other similar dwelling, and
includes any accessory structure that is fully enclosed, secure and located upon the grounds of
the private residence.
“School” means any educational facility which primarily provides educational services to
individuals under the age of 18.
17.156.040 Permitted Locations.
A. Permitted Locations. Cannabis uses shall only be located in the Limited Manufacturing
(M-1) or General Manufacturing (M-2) zoning districts.
17.156.050 Limitation on uses.
A. There shall be no more than 10 cannabis use facilities combined within the M-1 zone district
and the M-2 zone district. In the event that the City has approved 10 or more cannabis uses as
provided herein, an applicant may elect to submit an application with a request for a finding of
public convenience that an additional permit should be issued. Such request shall include a
statement by the applicant demonstrating how the public convenience will be served by issuance
of additional cannabis uses. The following criteria will be considered as part of the findings for a
Conditional Use Permit in evaluating the applicant’s request for a determination of public
convenience.
1. The proposed use is located no closer than 500 feet from any one existing cannabis
use or 1,000 feet from any two existing cannabis uses as measured from the property line.
2. Identify the special and unusual circumstances present to justify a new cannabis
business when similar businesses exist nearby, or how it will provide a needed service not
currently being met.
3. Provide/demonstrate how the economic benefit of the cannabis business outweighs
potential negative impacts to the community.
4. Demonstrate reasonable efforts to seek community input on the proposed cannabis
business.
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5. The proposed use is not located in an existing targeted law enforcement area as
documented by specific and abnormally high general health and safety indicators that
have some nexus with alcohol use or substance abuse.
6. The proposed use is not within a crime reporting area that exhibits an excess amount
of alcohol or substance abuse related crimes, greater than a 20 percent increase of the
reported crimes from the previous year.
7. The proposed use is consistent with the direction and policies set forth by the Council.
B. Cannabis uses shall not be located within 1,000 feet of any school, community center, or
park.
17.156.060 Permits required.
A. Permits Required. All cannabis uses shall obtain the following prior to operation:
1. Valid City-issued conditional use permit
2. Cannabis business permit
3. Building permit(s)
4. City-issued certificate of occupancy
17.156.070 Cannabis business permit.
A. Except as otherwise set forth in this chapter, it shall be unlawful for any person or entity
to operate, in or upon any property, a cannabis business without first obtaining all required State
licenses and a business license or permits issued by the City. Each State license type available
in the MMRSA or AMUA is eligible to apply for a cannabis business permit. Unless otherwise set
forth in this chapter, no person shall engage in a cannabis business without possessing all
applicable State licenses and all applicable City permits and licenses. Revocation of a State
license shall constitute grounds for the City to suspend or revoke any permit or license issued by
the City.
B. All cannabis business permittees must at all times maintain liability insurance having
aggregate policy limits in an amount not less than $1,000,000.
C. The City may impose an annual cannabis business permit fee at a rate set by a Council
resolution.
D. All cannabis business permittees shall be subject to an annual regulatory inspection by
the City to ensure compliance with all of the applicable provisions of this chapter.
E. It shall be unlawful for the owner of a building to allow the use of any portion of a building
by a cannabis business unless the tenant has a valid cannabis business permit, or has applied
for and not been denied, a cannabis business permit. Each owner of a building whose tenant is a
cannabis business permit applicant shall execute an acknowledgement that the applicant has the
owner's permission and consent to operate a cannabis business at the subject property.
F. Cannabis Business Permit displayed. Any cannabis use shall display its current valid
cannabis business permit issued in accordance with this chapter at all times inside the lobby or
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waiting area of the main entrance to the site, in a conspicuous manner so that it may be readily
seen by all persons entering the site.
G. The cannabis business permittee shall retain financial reports on an annual basis detailing
the gross proceeds of the business for a minimum of five (5) years and shall provide the reports
to the City at its request.
17.156.080 Cannabis dispensaries.
A. 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 The dispensary shall not exceed 25 percent of the total area of the business.
or 50 percent of gross proceeds of the business.
B. Storage. A 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
cannabis. 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.
C. Signs. The following signs in measurements of not less than eight 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. Signs on the cannabis dispensary building shall not obstruct the entrance or windows
of the dispensary.
D. 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. A manager must be on the cannabis dispensary site at all times that, when any
other person, except for security guards, is on the site.
3. While on the cannabis dispensary site, managers and staff of the cannabis
dispensary permittee must wear their City-issued cannabis dispensary identification
badge at all times.
4. Any person other than managers or staff shall be escorted by a manager at all
times while in the medical cannabis dispensary building.
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E. 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.
F. Criminal History. No cannabis dispensary permittee 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.
G. Hours of Operation. The maximum hours of operation for a medical cannabis dispensary
shall be daily from 7:00 a.m. to 9:00 10:00 p.m. unless the more restrictive hours have been
imposed as a condition of the cannabis business permit or conditional use permit.
17.156.090 Cannabis distribution
A. Limitation of Use. Cannabis distribution 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 The distribution use shall not exceed 25 percent of the total area of
the business. or 50percent of gross proceeds of the business.
B. Storage. A cannabis distribution facility shall have adequate locked storage on the
distribution property, identified and approved as a part of the security plan, for after-hours storage
of cannabis. Cannabis shall be stored at the distribution property in secured rooms that are
completely enclosed or in a safe that is bolted to the floor.
C. Distribution Facility Site Restricted.
1. All entrances into a cannabis distribution facility’s building shall be locked from the
exterior at all times with entry controlled by distribution facility personnel.
2. No cannabis distribution facility permittee shall allow anyone in the distribution
facility building, except for qualified patients, primary caregivers, persons with
identification cards, managers, staff, and other persons with bona fide purposes for being
in the distribution facility, such as contractors, inspectors, and cannabis transporters.
3. A manager must be on the cannabis distribution facility site at all times that when
any other person, except for security guards, is on the site.
4. While on the cannabis distribution facility site, managers and staff of the medical
cannabis dispensary permitee must wear their City-issued cannabis distribution facility
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 distribution facility building.
D. Delivery. Delivery is allowed in conjunction with a legal cannabis distribution facility.
E. Criminal History. No cannabis distribution permittee 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 distribution facility 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.
F. Hours of Operation. The maximum hours of operation for a cannabis distribution facility
shall be daily from 7:00 a.m. to 9:00 10:00 p.m. unless the more restrictive hours have been
imposed as a condition of the cannabis business permit or conditional use permit.
17.156.100 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, except as provided
herein, 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. 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.
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
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shall be secured by a lock accessible only to managers and staff of the cannabis cultivation
permittee.
D. 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.
E. 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. No cannabis cultivation permittee shall allow anyone on the site,
except for managers, staff, and other persons with a bonafide 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 when 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.
F. Retail Sales Prohibited. No person shall conduct any retail sales of any good or services
on or from a permitted cultivation site unless a dispensary and/or distribution facility has also been
approved to operate in conjunction with the cultivation facility. Retail sales shall only occur within
the dispensary and/or distribution portion of the facility.
G. 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. private residence.
Any private residence where cultivation occurs shall remain at all times a residence with
legal and functioning cooking, sleeping and sanitation facilities with proper ingress and
egress.
2. Cultivation of no more than 12 cannabis plants. 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 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.
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3. Two qualified patient limit to aggregate cannabis plant count for a maximum total of 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 acres are
exempt from this fencing provision so long as all other standards and conditions of
subsection (S) (G) 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 feet from all boundaries of the premises. Such setback distance shall be
measured in a straight line from the building in which the cannabis plants are cultivated,
or, if the cannabis plants are cultivated in an outdoor area, from the fence required by
subsection (S)(G)(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 site shall not be within a multi-dwelling building.
14. The cannabis cultivation site shall not be upon any premises located within 1,000 feet
of any school, community center, or park.
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15. The cannabis cultivation site shall not be upon any premises containing a child care
center, church, or youth-oriented facility.
H. 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. private residence.
Any private residence where cultivation occurs shall remain at all times a residence with
legal and functioning cooking, sleeping and sanitation facilities with proper ingress and
egress.
2. Cultivation of no more than six cannabis plants per dwelling.private residence.
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 (T) (H) 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 feet from all boundaries of the premises. Such setback distance shall be
measured in a straight line from the building in which the cannabis plants are cultivated,
or, if the cannabis plants are cultivated in an outdoor area, from the fence required by
subsection (T)(H)(4) 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 site shall not be within a multi-dwelling building.
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11. The cannabis cultivation site shall not be upon any premises located within 1,000 feet
of any school, community center, or park.
12. The cannabis cultivation site shall not be upon any premises containing a child care
center, church, or youth-oriented facility.
17.156.110 Cannabis manufacturing
A. 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.
B. 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.
5. Manufacturers shall 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 of California.
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.
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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. 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.
10. Manufacturers using extract to create ingestible products shall only use food-grade
ingredients.
C. Ph.D Chemist. As a condition of obtaining a City-issued medical cannabis regulatory
permit and conditional use permit, a cannabis business permittee of a manufacturing facility
desiring to operate under this chapter shall first verify that the cannabis business permittee
employs or contracts with a person who has a Ph.D in chemical sciences or related field of study
and 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 cannabis business permittee 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.
D. 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.
E. Manufacturing Facility Restricted.
1. No cannabis manufacturing permittee shall open their facility to the public.
2. No cannabis manufacturing permittee shall allow anyone on the manufacturing
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 facility site at all times that when any other person,
except for security guards, is on the site.
4. While on the manufacturing 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 manufacturing site must
sign in, wear a visitor badge, and be escorted on the site by a manager at all times.
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F. Retail Sales Prohibited. No person shall conduct any retail sales of any good or services
on or from a permitted cannabis manufacturing site unless a dispensary and/or distribution facility
has also been approved to operate in conjunction with the manufacturing facility. Retail sales
shall only occur within the dispensary and/or distribution portion of the facility.
17.156.120 Cannabis testing laboratory
A. Interior Only. Cannabis testing 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.
B. 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.
C. 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.
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3. A manager must be on the laboratory site at all times that when 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.
D. Retail Sales Prohibited. No person shall conduct any retail sales of any good or services
on or from a permitted cannabis testing laboratory site.
17.156.130 Site Security
A. Site Security. Each cannabis use business shall submit a site security plan approved by
the Sheriff’s Department which 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 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 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.
B. Site security plan must be submitted with the conditional use permit planning application
and approved prior to occupancy.
17.156.140 Prohibited Activity
A. Consumption prohibited. No person shall smoke, ingest, or otherwise consume cannabis
in any form on, or within 20 feet of, the site.
B. Alcohol prohibited. No cannabis distribution permittee or manager shall cause or permit
the sale, distribution, or consumption of alcoholic beverages on the distribution facility 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 distribution facility property that
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sells alcoholic beverages. No alcoholic beverages shall be allowed or stored on the distribution
facility property.
C. Juveniles prohibited.
1. No juvenile shall be on the site (except within dispensary facilities if the juvenile has a
valid medical prescription) or operate a cannabis facility in any capacity, including but
not limited to, as a manager, staff, employee, contractor, or volunteer.
17.156.150 Signs
A. Signs inside cannabis dispensary facilities. The following signs in measurements of not
less than eight by 10 inches shall be clearly and legibly posted in a conspicuous location inside
the cannabis dispensary facilities 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.”
B. Signs inside cannabis distribution, cultivation and manufacturing facilities. The following
signs in measurements of not less than eight by 10 inches shall be clearly and legibly posted in a
conspicuous location inside the cannabis distribution, cultivation and manufacturing facilities
where they will be visible to members and customers in the normal course of a transaction, stating:
1. “This site is not open to the public.” “The distribution, cultivation and/or
manufacturing area of this business is not open to the public.”
2. “Juveniles are prohibited from entering this property.”
3. “Smoking, ingesting or consuming cannabis on this property or within 20 feet of
the dispensary is prohibited.”
C. Signs inside cannabis testing laboratory facilities. The following signs in measurements
of not less than eight by 10 inches shall be clearly and legibly posted in a conspicuous location
inside the cannabis testing laboratory facilities where they will be visible to members and
customers in the normal course of a transaction, stating:
1. “This site is not open to the public.”
2. “Retail sales of any goods and services are prohibited.”
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3. “Juveniles are prohibited from entering this property.”
4. “Smoking, ingesting or consuming cannabis on this property or within 20 feet of the
dispensary is prohibited.”
D. Signs on the cannabis dispensary building shall not obstruct the entrance or windows of
the dispensary.
17.156.160 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.
17.156.170 M-1 and M-2 District Zones.
Should there be a conflict between the provisions of this chapter and LEMC Chapters 17.136 or
17.140, this chapter shall control.
17.156.180 Severability
Should any part, term, or provision of this chapter be decided by any court or competent
jurisdiction to be illegal or in conflict with any law of the State, or otherwise be rendered
unenforceable or ineffectual, the validity of the remaining portions or provisions shall not be
affected thereby.
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