HomeMy WebLinkAboutItem No 2 - Amendment to Title 17 (Zoning), Chapter 17.156 of the Lake Elsinore Municipal Co_202506042312199912)Amendment to Title 17 (Zoning), Chapter 17.156 of the Lake Elsinore Municipal Code
Related to Cannabis Uses
1.Find the proposed amendment to the Lake Elsinore Municipal Code Exempt from the
California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Sections
15060(c)(2), 15060(c)(3), and 15061(b)(3); and
2.Adopt A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE, CALIFORNIA, ADOPT AMENDMENTS TO TITLE 17,
AMENDING AND RESTATING CHAPTER 17.156 OF THE LAKE ELSINORE
MUNCIPAL CODE REGARDING CANNABIS USES.
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REPORT TO PLANNING COMMISSION
To:Honorable Chair and Members of the Planning Commission
From:Damaris Abraham, Community Development Director
Date:May 20, 2025
Subject:Amendment to Title 17 (Zoning), Chapter 17.156 of the Lake Elsinore
Municipal Code Related to Cannabis Uses
Recommendation
1. Find the proposed amendment to the Lake Elsinore Municipal Code Exempt from the
California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Sections
15060(c)(2), 15060(c)(3), and 15061(b)(3); and
2. Adopt A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, ADOPT AMENDMENTS TO TITLE 17, AMENDING
AND RESTATING CHAPTER 17.156 OF THE LAKE ELSINORE MUNCIPAL CODE
REGARDING CANNABIS USES.
Background
In 2016 California voters passed Proposition 64, the Adult Use of Marijuana Act (AUMA). Under
Proposition 64, adults 21 years of age or older can legally grow, possess, and use cannabis for
non-medicinal purposes, with certain restrictions. Additionally, AUMA also made it legal to sell
and distribute cannabis through a regulated business as of January 1, 2018.
In December 2017, the City Council adopted Chapter 17.156 of the Lake Elsinore Municipal Code
(LEMC) allowing cannabis-related businesses in the City of Lake Elsinore. The ordinance
restricted cannabis businesses to the manufacturing (M-1 and M-2) zones only and limited the
number of businesses to 10 total (five in M-1 and five in M-2). In order to exceed the maximum of
10 businesses, the ordinance included a provision for a finding of public convenience to be made
as part of the consideration for a Conditional Use Permit. The ordinance also restricted cannabis
retail business as an accessory use only not to exceed 25% of the business’ total square footage.
To date, the City has approved 20 cannabis facilities. Of these 20 facilities, 15 are currently
operational, four have expired, and one is currently in the permit process.
PA 2025-04/ZC 2025-01 (Chapter 17.156 Cannabis Ordinance)
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City staff has been monitoring operational cannabis facilities to assess potential impacts to the
surrounding business communities and to assess whether the facilities were operating in
compliance with their Conditional Use Permits. While the majority of the operational cannabis
facilities are in compliance, staff has identified some issues that include odor mainly related to
cultivation uses and complaints related to retail uses such as unpermitted signage, unpermitted
special events, and staying open beyond the maximum hours of operation allowed.
Staff has also received feedback from the cannabis business operators which include the
following: the annual payment of Community Benefit Fee (CBF) is too high, the number of
permitted cannabis businesses is too many, and the hours of operation are too restrictive. To
address these concerns as well as reduce the potential impacts of cannabis uses to the
surrounding business communities, City staff worked with the City Council Cannabis
Subcommittee (Mayor Brian Tisdale and Mayor Pro Tem Robert E. Magee) to propose
amendments to the cannabis ordinance.
The proposed amendments to Chapter 17.156 of the LEMC are intended to improve and clarify
the regulatory framework, address the negative secondary effects that could result in the
proliferation and potential concentration of cannabis businesses within existing manufacturing
zones, and address the potential conflicts between competing land uses in order to protect the
public’s health, safety and welfare.
In addition to the proposed ordinance amendments, staff is recommending changes to the
Development Agreements. Amendments to the Development Agreements are being presented to
the Planning Commission under a separate agenda item.
Discussion
Chapter 17.156 of the LEMC has been amended in its entirety to streamline the regulation of
cannabis related businesses, to limit the number of cannabis-related businesses within the City,
and to clarify and/or update the regulatory structure.
The revised ordinance includes the new addition of Section 17.156.060 “Limitations on uses” and
includes the following major updates:
Modified the maximum of five cannabis businesses in Limited Manufacturing (M-1) zone
and five cannabis businesses in General Manufacturing (M-2) zone, to a maximum of 10
permits combined within the M-1 and M-2 zones;
No further cannabis licenses for new locations will be issued by the City until the total
number of cannabis uses is less than 10, after which time the City may issue further
licenses not to exceed 10 total cannabis facilities operating at one given time;
Removed the current requirement for a finding of public convenience when the maximum
of 10 businesses is reached;
Modified the hours of operation to allow cannabis retail business to stay open until 10 PM.
This is consistent with hours of operation for cannabis uses in surrounding jurisdictions
(City of Wildomar and Riverside County);
PA 2025-04/ZC 2025-01 (Chapter 17.156 Cannabis Ordinance)
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Removed the restriction for a cannabis retail business not to exceed 25% of the business’
total square footage. A cannabis retail business will be permitted only in conjunction with
either a cannabis cultivation, distribution, or manufacturing facility. A standalone cannabis
retail business will not be allowed; and
Expanded the 1,000-foot buffer from sensitive receptors of schools, community centers,
or parks to apply to all types of cannabis businesses (existing ordinance only requires
separation buffer for cultivation uses).
In addition to the major changes above, Chapter 17.156 includes the following minor changes to
better reflect the City’s practices, add more clarity, and consolidate certain sections to remove
redundancies:
Definitions (17.156.040) have been added or modified;
Site security plans for all facilities have been updated;
Eliminated requirement that cannabis retail uses be limited to 50% of gross proceeds of
the business;
Added new definition for delivery (business to consumer) and clarified that delivery
services are allowed in conjunction with a cannabis retail business;
Clarified definition of distribution (business to business, non-retail);
Added language to clarify retail sales are allowed in conjunction with cultivation and/or
manufacturing facilities only when a cannabis retail business has also been approved to
operate in conjunction with the cultivation facility and that sales only occur within the retail
portion of the facility;
Updated the language for provisions related to cultivation in private residences to be
consistent with State law;
Removed requirement that operators submit of an annual financial report to the City;
Added a requirement for odor control to ensure that all cannabis facilities are sited and
operated in a manner that prevents cannabis odors from being detected offsite;
Added exterior signage requirements for all cannabis facilities;
Section 17.156.040 specifies the location of Cannabis Facilities as being permitted in
either the Limited Manufacturing (M-1) or General Manufacturing (M-2) zoning district;
Section 17.156.070 consolidates general provisions permits required (a valid Conditional
Use Permit, building permit, certificate of occupancy, and a City cannabis business
license);
Section 17.156.080 consolidates Business Permit regulations into general provisions
because the requirement is applicable to all cannabis business types; and
Section 17.156.090 consolidates requirements such as site security and prohibited
activities that are applicable to all cannabis business types into general provisions.
Environmental Determination
The proposed amendment to the Lake Elsinore Municipal Code is 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 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
PA 2025-04/ZC 2025-01 (Chapter 17.156 Cannabis Ordinance)
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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.
Public Notice
Notice of the public hearing for the proposed amendment has been published in the Press-
Enterprise newspaper. As of the writing of this report, no written comments concerning this
application have been received by staff.
Attachments
Attachment 1 – Planning Commission Resolution
Exhibit A – Revised Chapter 17.156 Cannabis Uses
Attachment 2 – Notice of Public Hearing
RESOLUTION NO. 2025-__
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE, CALIFORNIA, ADOPT AMENDMENTS TO TITLE 17,
AMENDING AND RESTATING CHAPTER 17.156 OF THE LAKE ELSINORE
MUNCIPAL CODE REGARDING CANNABIS USES
Whereas, Chapter 17.156 (Cannabis Uses) of the Lake Elsinore Municipal Code (LEMC)
sets forth the regulation for cannabis related uses;
Whereas, the City desires to amend Chapter 17.156 of the 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;
Whereas, pursuant to LEMC Section 17.415.040 (Zoning Amendments) the Planning
Commission (Commission) has been delegated with the responsibility of making
recommendations to the City Council (Council) regarding zoning ordinance text amendments; and
Whereas, on May 20, 2025, at a duly noticed Public Hearing the 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 Commission has reviewed and analyzed the proposed amendment to
Title 17 of the LEMC, pursuant to the California Planning and Zoning Laws (Cal. Gov. Code Sec
65000 et. seq.), Lake Elsinore General Plan (GP), and the LEMC and finds that the proposed
amendment is consistent with the requirements of California Planning and Zoning Law and with
the goals and policies of the GP and the LEMC.
Section 2: The 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 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.
Reso No. 2025-___
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The proposed amendments of Title 17 (Zoning) of the Municipal Code have been analyzed
relative to their potential to have detrimental effects and it has been determined that the
amendments have no impact upon the public’s health, safety, comfort and general welfare
because the amendment will provide additional regulation of cannabis businesses 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 amendments of Title 17 (Zoning) of the Municipal Code do not create new
zoning districts, remove existing zoning districts or rezone property. The proposed
municipal code amendments 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 Adopted on this 20th day of May 2025.
_____________________________
John Gray, Chairman
Attest:
____________________________
Damaris Abraham
Community Development Director
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Damaris Abraham, Community Development Director of the City of Lake Elsinore, California,
do hereby certify that Resolution No. 2025-____ was adopted by the Planning Commission of the
City of Lake Elsinore, California, at the regular meeting of May 20, 2025, and that the same was
adopted by the following vote:
Reso No. 2025-___
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AYES:
NOES:
ABSENT:
ABSTAIN:
Damaris Abraham
Community Development Director
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Chapter 17.156
CANNABIS USES
Sections:
17.156.010 Purpose and intent.
17.156.020 Interpretation and applicability.
17.156.030 Exemptions.
17.156.040 Definitions.
17.156.050 Permitted locations.
17.156.060 Limitation on uses.
17.156.070 Permits required.
17.156.080 Cannabis business license.
17.156.090 Requirements for all cannabis facilities
17.156.100 Cannabis retail businesses.
17.156.110 Cannabis distribution.
17.156.120 Cannabis cultivation.
17.156.130 Cannabis manufacturing.
17.156.140 Cannabis testing laboratory.
17.156.150 Enforcement.
17.156.160 M-1 and M-2 district zones.
17.156.010 Purpose and intent.
The purpose and intent of this chapter are to regulate the retail sale, dispensing, cultivation,
processing, manufacturing, testing and distribution of 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 a conditional use permit both 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.
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.
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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 in 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 noncompliant under California law, as amended from time to time.
F. All cannabis cultivation, retail sales, dispensing, distribution, testing, and manufacturing
facilities and/or recreational cannabis cultivation, retail sales, dispensing, 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 Exemptions.
A. There shall be a limited exemption from enforcement for violations of this chapter by qualified
patients for cannabis cultivation for their own 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 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. A qualified patient may cultivate up to 100 square feet of cultivation area for personal
use. A primary care-giver may cultivate up to 100 square feet for the personal medical
use of a single qualified patient, and may cultivate for no more than five maximum
individual qualified patients. At least one qualified patient or one primary caregiver must
live on the premises.
3. A person may cultivate up to 100 square feet of cultivation area for personal use.
4. All cannabis plants must be reasonably secured to prevent access by minors or theft, to
a standard satisfactory to the enforcement officer.
5. 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
this subsection (A) are complied with and any barriers used are otherwise consistent
with the municipal code.
6. Each building or outdoor area in which the cannabis plants are cultivated shall be set
back at least 10 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 (A)(6) of this section to the boundary line of the premises.
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7. The designated cannabis cultivation area must not be visible from any public right-of-
way.
8. 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.
9. The cannabis cultivation site shall not be upon any premises containing a child care
center, church, or youth-oriented facility.
17.156.040 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 and 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.
“Cannabis business license” means a business license issued by the City pursuant to Title 5
LEMC allowing for the lawful operation of a cannabis facility within the City.
“Cannabis cultivation” means the planting, growing, harvesting, drying or processing of any
cannabis plants or any part thereof for 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 delivery” means the commercial transfer of cannabis or cannabis products from a
cannabis retail business with an approved conditional use permit, up to an amount allowed by the
State of California Department of Cannabis Control, to a primary caregiver, qualified patient, or
customer at a physical address in California in compliance with all State laws and regulations.
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“Cannabis distribution facility” means any facility or location, the primary function of which is the
procurement, sale, and/or transport of cannabis and/or cannabis products between entities,
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 facility” means any business that conducts cannabis cultivation, retail sales,
dispensing, distribution, testing, and manufacturing facilities.
“Cannabis manufacturing facility” means a facility where the production of cannabis concentrate,
and/or the preparation, propagation, or compounding of manufactured cannabis, either directly or
indirectly or by extraction methods or independently by means of chemical synthesis, or the
packaging or repackaging of cannabis products, or the labeling or relabeling of its containers,
occurs, provided the facility holds a valid conditional 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 non-retail business” means any part of the facility or location that is not part of the
cannabis retail business including but not limited to cultivation, distribution, manufacturing, and/or
testing laboratory.
“Cannabis retail business” means any facility or location where 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 testing laboratory” 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 (CBDs),
tetrahydrocannabinol (THC), pesticide residuals, mold, and fungus.
“Enforcement officer” means any City employee or any agent of the City with the authority to
enforce any provision of this code, codes adopted by the City, or State laws enforceable by the
City. Enforcement Officers are authorized to issue citations for all violations of this chapter.
“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.
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“School” means any educational facility which primarily provides educational services to
individuals under the age of 18.
“State cannabis track-and-trace system” means the State of California Cannabis Track-and-Trace
(CCTT) system used statewide to record the inventory and movement of cannabis and cannabis
products through the commercial cannabis supply chain and administers by the California
Department of Food and Agriculture.
17.156.050 Permitted Locations.
A. Cannabis uses shall only be located in the Limited Manufacturing (M-1) or General
Manufacturing (M-2) zoning districts.
B.Cannabis uses shall not be located within 1,000 feet of any school, community center, or park
that is in existence at the time a complete conditional use permit application is submitted for
a new cannabis use.
17.156.060 Limitation on uses.
A. In no case shall the maximum number of permits issued for cannabis facilities be more than
10 permits combined within the City’s M-1 and M-2 zoning district. A cannabis facility legally
established prior to the effective date of this ordinance codified in this Chapter, shall be
allowed to continue operating so long as it is operated and maintained in accordance with the
conditions of approval prescribed at the time of its establishment.
B. No further cannabis licenses for new locations will be issued by the City until the total number
of cannabis uses is less than 10, after which time the City may issue further licenses not to
exceed 10 total cannabis facilities operating at one given time.
C. Section 17.156.050.A is only intended to establish a maximum number of cannabis facilities
that may be permitted to operate in the City. Nothing in this Chapter shall mandate that the
City Council issue all the cannabis use permits potentially available.
17.156.070 Licenses and permits required.
A. All cannabis facilities shall obtain the following permits prior to commencing operation:
1. Valid a conditional use permit
2. Building permit(s)
3. Certificate of occupancy
4. A City cannabis business license
17.156.080 Cannabis business license.
A. Except as otherwise set forth in this chapter, it shall be unlawful for any person or entity to
operate or maintain, in or upon any property, a cannabis facility without first obtaining all
required State licenses and a cannabis business license issued by the City. Each State license
type available in the MMRSA or AMUA is eligible to apply for a cannabis business license.
Unless otherwise set forth in this chapter, no person shall engage in a cannabis use or operate
a cannabis facility without possessing all applicable State licenses and all applicable City
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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 facility permittees shall be subject to an annual regulatory inspection by the City
to ensure compliance with all of the applicable provisions of this chapter.
C. It shall be unlawful for the owner of a building to allow or maintain the use of any portion of a
building by a cannabis facility unless the tenant has a valid conditional use permit, cannabis
business license, and certification of occupancy issued by the City. Each owner of a building
whose tenant is applying for a cannabis facility to operate in the City shall execute an
acknowledgement that the applicant has the owner’s permission and consent to operate a
cannabis facility at the subject property.
D. The cannabis facility permittee shall display its current valid State license and cannabis
business license issued in accordance with this chapter at all times inside the lobby or 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.
E. In shall be unlawful to operate or maintain any cannabis facility without fully complying with all
terms, requirements and conditions of applicable State licenses and City permits, licenses
and other approvals.
17.156.090 Requirements for all cannabis facilities.
A. Safety. Cannabis facilities shall at all times be operated in such a way as to ensure the health,
safety, and welfare of the public. Cannabis facilities shall not create a public nuisance or
adversely affect the health or safety of the nearby residents, businesses or employees working
at the cannabis facility by creating dust, glare, heat, noise, noxious gasses, odor, smoke,
traffic, vibration, unsafe conditions or other impacts, or be hazardous due to the use or storage
of materials, processes, products, and runoff of water, pesticides or wastes.
B. Criminal History. No cannabis facility permittee or manager of a cannabis facility shall operate
a cannabis facility if such person 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 cannabis use 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.
C. Hours of Operation. The maximum hours of operation that a cannabis retail business is may
be open to the public shall be daily from 7:00 a.m. to 10:00 p.m. unless the more restrictive
hours have been imposed as a condition of approval on the cannabis facility’s conditional use
permit. All other cannabis non-retail uses including distribution, manufacturing, cultivation, and
testing laboratory may operate only during the hours specified in the conditional use permit
granted by the City.
D. Odor Control. All cannabis facilities shall be sited and operated in a manner that prevents
cannabis odors from being detected offsite and shall provide a sufficient odor absorbing
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ventilation and exhaust system so that odor generated inside the cannabis use facilities that
is distinctive to its operation is not detected outside of the operation’s facility, anywhere on
adjacent lots or public rights-of-way, on or about the exterior or interior common area
walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by
common tenants or the visiting public, or within any other unit located inside the same building
as the cannabis facility. In order to control nuisances such as odors, humidity and mold,
cannabis facilities shall install and maintain at the minimum, the following equipment, or any
other equipment that can be proven to be an equally or more effective method or technology
to control these nuisances:
1. An exhaust air filtration system with odor control that prevents internal odors from being
emitted externally;
2. An air system that creates negative air pressure between the cannabis use facility’s
interior and exterior, so that the odors generated by the cannabis use facility are not
detectable on the outside of the cannabis use facility.
E. Exterior Signs. Signage for a cannabis facility shall comply with the following:
1. In addition to the requirements set forth in this section and California Business and
Professions Code section 26152 as may be amended, business identification signage for
a cannabis use facility shall comply with the provisions of Chapter 17.196 LEMC.
2. No cannabis facility shall advertise by having a person or device holding a sign or an air
dancer sign advertising the activity to passersby, whether such person, device or air
dancer is on the lot of the cannabis use facility or elsewhere including, but not limited to,
the public right-of-way.
3. No cannabis facility shall publish or distribute advertising or marketing that is attractive to
children.
4. No cannabis use facility shall advertise or market cannabis or cannabis products on motor
vehicles.
5. No sign shall advertise or market cannabis or cannabis products in a manner intended to
encourage persons under 21 years of age to consume cannabis or cannabis products.
6. No signs placed on the lot of a cannabis use facility shall obstruct any entrance or exit to
the building or any window.
7. Each entrance to a cannabis use facility shall be visibly posted with a clear and legible
notice indicating that smoking, ingesting, or otherwise consuming cannabis on the lot of
the cannabis facility is prohibited.
8. No banners, flags, billboards, or other prohibited signs may be used at any time.
9. Additional signs required to be posted inside the cannabis facility shall follow the
requirements as stated in the sections below pertaining to the specific operating
requirements for each cannabis use types.
Page 8 of 14
F. Reserved.
G. Site Security. Each cannabis facility shall submit a site security plan which must include the
following:
1. 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. 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. 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.
4. A site security plan must be submitted with the conditional use permit planning application
and approved prior to occupancy.
H. Consumption prohibited. No person shall smoke, ingest, or otherwise consume cannabis in
any form on, or within 20 feet of, the site.
I. 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 sells alcoholic beverages. No alcoholic beverages shall be allowed or stored on the
distribution facility property.
J. Persons younger than 21 prohibited. No person younger than 21 years of age shall be on the
site (except within cannabis retail business if such person 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.
K. Parking. Parking shall be provided in accordance with Chapter 17.148 LEMC, Parking
Requirements.
L. Visibility. In no case shall live cannabis plants be visible from a public or private road, sidewalk,
park or common public viewing area.
17.156.100 Cannabis retail businesses.
A. A cannabis retail business shall be permitted only in conjunction with either a cannabis
cultivation, distribution, or manufacturing facility. A standalone cannabis retail business is
strictly prohibited.
Page 9 of 14
B. A cannabis retail business shall have adequate locked storage on the property, identified and
approved as a part of the security plan, for after-hours storage of cannabis. Cannabis shall be
stored at the property in secured rooms that are completely enclosed or in a safe that is bolted
to the floor.
C. A cannabis delivery retailer operating without a storefront shall be closed to the public. A
cannabis delivery retailer shall also operate in accordance with the applicable provisions
pursuant to Section 17.156.100.
D. Cannabis and cannabis products not in the cannabis retail business display area shall be
maintained in a locked secure area.
E. Restroom facilities shall be locked and under the control of the cannabis retail business.
F. A cannabis retail business shall ensure that all cannabis and cannabis products held for sale
by the cannabis retail business are cultivated, manufactured, transported, distributed, and
tested by California licensed and permitted facilities that are in full conformance with State
laws and regulations.
G. Cannabis retail businesses shall not sell any cannabis or cannabis product unless such
products are labeled and, in a tamper evident package in compliance with the California
Business and Professions Code and any additional rules promulgated by a licensing authority.
H. Cannabis retail businesses shall not provide free samples of any type, including cannabis
products, to any person and shall not allow any person to provide free samples on the
cannabis retail business’s lot.
I. Deliveries of cannabis and cannabis products shall be to a customer at a physical address
and conducted in accordance with California Business and Professions Code section 26090
or as may be amended and all State laws and regulations pertaining to delivery of cannabis
and cannabis products.
J. Cannabis retail businesses shall not include a drive-in, drive-through or walk-up window
where retail sales of cannabis or cannabis products are sold to persons or persons within or
about a motor vehicle.
K. Cannabis retail businesses with an approved conditional use permit may provide cannabis
deliveries consistent with State law.
L. 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 retail business 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
business is prohibited.”
2. “Persons younger than 21 years of age are prohibited from entering this property unless
they are a qualified patient, or a primary caregiver.”
Page 10 of 14
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.”
M. Access to the cannabis retail business shall be restricted as follow:
1. All entrances into a cannabis retail business’s building shall be locked from the exterior at
all times with entry controlled by business personnel.
2. A manager must be on the cannabis retail business site at all times that, when any other
person, except for security guards, is on the site.
3. While on the cannabis retail business site, managers and staff of the cannabis retail
business permittee must wear their cannabis retail business 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 cannabis retail business building.
17.156.110 Cannabis distribution.
A. Cannabis and cannabis products shall only be transported between permitted and licensed
cannabis facilities.
B. A cannabis distribution facility shall have adequate locked storage on the distribution facility
property, identified and approved as a part of the security plan, for after-hours storage of
cannabis. Cannabis shall be stored at the distribution facility property in secured rooms that
are completely enclosed or in a safe that is bolted to the floor.
C. Cannabis and cannabis products shall be tracked utilizing the State track-and-trace system
for cannabis and cannabis products.
D. Records of distribution, both internal and as part of the State track-and-trace system, must be
made available to enforcement officers upon request.
E. Cannabis distribution facilities shall ensure that appropriate samples of cannabis or cannabis
products are tested by a permitted and licensed testing facility prior to distribution and shall
maintain a copy of the test results in its files.
F. Cannabis distribution facilities shall not be open to the public.
G. Cannabis distribution facilities shall not transport or store non-cannabis goods.
H. Access to the cannabis distribution facility shall be restricted as follow:
1. No cannabis distribution permittee shall open their facility to the public.
2. No cannabis distribution permittee shall allow anyone on the distribution 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.
Page 11 of 14
3. A manager must be on site at the facility at all times when any other person, except for
security guards, is on the site.
17.156.120 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 of any cannabis plant,
except as provided pursuant to Section 17.156.030.
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. Plants cultivated shall be tracked utilizing the State track-and-trace system for cannabis and
cannabis products.
D. Records of cultivation, both internal and as part of the State track-and-trace system, must be
made available to enforcement officers upon request.
E. The cultivation site shall have a building with a main entrance that is 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.
F. 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.
G. 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.
H. Any person 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.
I. No person shall conduct any retail sales of any goods or services on or from a permitted
cultivation site unless a cannabis retail business has also been approved to operate in
conjunction with the cultivation facility. Retail sales shall only occur within the cannabis retail
business portion of the facility.
I. Access to the cannabis cultivation facility shall be restricted as follow:
1. No cannabis cultivation permittee shall open their facility to the public.
Page 12 of 14
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.
3. A manager must be on site at the facility at all times when any other person, except for
security guards, is on the site.
17.156.130 Cannabis manufacturing.
A. 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. Manufacturing facilities with a State license of a Type 6 (nonvolatile) or a Type 7 (volatile)
classification may be allowed to operate under this chapter.
C. All product manufacturing must conform to rules and requirements set forth by the California
Department of Public Health for cannabis manufacturing, including those for testing, labeling
and quality assurance.
D. No person shall conduct any retail sales of any good or services on or from a permitted
cannabis manufacturing site unless a cannabis retail business has also been approved to
operate in conjunction with the manufacturing facility. Retail sales shall only occur within the
cannabis retail business portion of the facility.
E. Rules, regulations, and local permitting requirements imposed on a manufacturer and its
associated product manufacturing site by the City shall conform to the state licensing
requirements for manufacturers, as set forth by the California Business and Professions Code,
Division 10.
F. Access to the cannabis manufacturing facility shall be restricted as follow:
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 site at the facility at all times when any other person, except for
security guards, is on the site.
17.156.140 Cannabis testing laboratory.
A. 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 testing laboratory operations shall be visible from any public right-of-way.
B. All entrances into the building(s) of the cannabis testing laboratory site shall be locked at all
times with entry controlled by the cannabis testing laboratory permittee’s managers and staff.
Page 13 of 14
The cannabis testing 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.
C. All testing areas in any building of the cannabis testing 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.
D. Each building with a testing area shall have an area designed for the secure transfer of
cannabis from a vehicle to the testing area.
E. 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.
F. No person shall conduct any retail sales of any goods or services on or from a permitted
cannabis testing laboratory site.
G. Access to the cannabis testing facility shall be restricted as follow:
1. No cannabis testing permittee shall open their facility to the public.
2. No cannabis testing permittee shall allow anyone on the testing 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 site at the facility at all times when any other person, except for
security guards, is on the site.
17.156.150 Enforcement.
A. Violations of this chapter shall be constitute a public nuisance, and may be enforced according
to the procedures set forth in Chapter 8.18 of the LEMC 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 remedies provided by law, including injunctive
relief. Nothing in this provision is intended to impair any viable legal defense to a person using
or in possession of cannabis pursuant to the CUA, the MMPA, the MMRSA, and the AMUA
as may be amended from time to time.
B. Each day a violation of this chapter continues constitutes a separate and distinct violation.
C. The remedies provided in this chapter are intended to be cumulative, and may be used in lieu
of or in conjunction with each other.
Page 14 of 14
17.156.160 M-1 and M-2 district zones.
Should there be a conflict between the provisions of this chapter and Chapter 17.136 or 17.140
LEMC, this chapter shall control.
Chapter 17.156 Cannabis Uses Ordinance - Page 1 of 1
The Press-Enterprise
3512 14 Street
Riverside, California 92501
(951) 368-9229
City of Lake Elsinore
130 South Main Street
Lake Elsinore, California 92530
Publication: The Press-Enterprise
PROOF OF PUBLICATION OF
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FILE NO. 0011734487
PROOF OF PUBLICATION
I am a citizen of the United States. I
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entitled matter. I am an authorized
representative of THE PRESS-
ENTERPRISE, a newspaper of general
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in the County of Riverside, and which
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Riverside, State of California, under
date of April 25, 1952, Case Number
54446, under date of March 29, 1957,
Case Number 65673, under date of
August 25, 1995, Case Number
267864, and under date of September
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correct.
Date: May 9, 2025.
At: Riverside, California
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