HomeMy WebLinkAboutOrd. No. 2019-1403 DA 2018-07 311 Minthorn StreetORDINANCE NO. 2019-1403
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT NO. 2018-07 FOR AN
APPROXIMATELY 8,500 SQUARE FOOT CANNABIS FACILITY WITHIN AN
EXISTING BUILDING LOCATED AT 311 MINTHORN STREET (APN: 377-220-003,019,
AND 021)
Whereas, Joseph Martin, Lake Elsinore Investment Corporation has filed an application with the
City of Lake Elsinore (City) requesting approval of Planning Application No. 2018-39
(Development Agreement No. 20187-07 (Exhibit A) and Conditional Use Permit No. 2018-11) to
establish an approximately 8,500 Square Foot (SF) Cannabis Facility within an existing building
(Project). The Project will consist of approximately 2,125 SF dispensary space, and 6,375 SF of
manufacturing and ancillary use space. The Project is generally located at the northwest corner
of the intersection Minthorn and Collier and more specifically referred to as ,311 Minthorn Street
(APN: 377-220-003, 019, and 021); and,
Whereas, Section 6.0 of the Western Riverside County Multiple Species Habitat Conservation
Plan (MSHCP) requires that all discretionary projects within a MSHCP Criteria Cell undergo the
Lake Elsinore Acquisition Process (LEAP) and Joint Project Review (JPR) to analyze the scope
of the proposed development and establish a building envelope that is consistent with the MSHCP
criteria; and,
Whereas, Section 6.0 of the MSHCP further requires that the City adopt consistency findings
demonstrating that the proposed discretionary entitlement complies with the MSHCP Criteria Cell,
and the MSHCP goals and objectives; and,
Whereas, pursuant to Chapter 19.12 (Development Agreements) of the Lake Elsinore Municipal
Code (LEMC) the Planning Commission (Commission) has been delegated with the responsibility
of reviewing and making a recommendation to the City Council (Council) whether the
development agreement is consistent with the City's General Plan and whether to approve the
development agreement; and,
Whereas, on November 20, 2018, 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.
Whereas, pursuant to LEMC Chapter 19.12 the Council of the City of Lake Elsinore (Council) has
the responsibility of making decisions to approve, modify or disapprove recommendations of the
Commission for development agreements; and,
Whereas, on December 11, 2018, at a duly noticed Public Hearing, the City Council has
considered evidence presented by the Community Development Department and other interested
parties with respect to this item.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, DOES ORDAIN
AS FOLLOWS:
Section 1: That in accordance with the MSHCP, the Council makes the following findings for
MSHCP consistency:
ORD. No. 2019-1403
Page 2 of 4
1. The Project is not subject to the City's LEAP and the Western Riverside County Regional
Conservation Authority's (RCA) JPR processes as it is not located within a Criteria Cell.
2. The Project is consistent with the Riparian/Riverine Areas, Vernal Pools Guidelines, and
the Fuel Management Guidelines as the Project is wholly located within an existing
building and does not include any earth disturbing activities therefore Sections 6.1.2 or
6.3.1 of the MSHCP are not applicable.
3. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines
and the Additional Survey Needs and Procedures because the project is not located within
any Narrow Endemic Plant Species Survey Areas or Critical Species Survey Areas.
4. The Project is consistent with the Fuels Management Guidelines because the Project site
is not within or adjacent to any MSHCP Criteria Cell or conservation areas.
5. The Project has been conditioned to pay any applicable MSHCP Local Development
Mitigation fees.
Section 2: The Council hereby finds and determines that the Project is categorically exempt from
California Environmental Quality Act (Cal. Publ. Res. Code §§21000 et seq. "CEQK) and CEQA
Guidelines (14. Cal. Code Regs. §§15000 et seq.), specifically pursuant to Section 15301 (Class
1 — Existing Facilities), because the Project proposes to establish a Cannabis Facility within an
existing building. The site is fully developed and only minor interior alterations are planned in
association with the proposed use.
Section 3: That in accordance with California Planning and Zoning Law and the Section
19.12.070 (Planning Commission report) of the LEMC, the Council makes the following findings
regarding Development Agreement No. 2018-07:
1. It is consistent with the objectives, policies, general land uses and programs specified in
the General Plan and any applicable specific plan.
The proposed Development Agreement will help to offset the potential costs incurred by
the City associated with the establishment of a Cannabis related facility within an industrial
district. The Project site's General Plan Land Use designation is Limited Industrial (LI).
The proposed Project is consistent the LI land use designation and with the objectives,
policies, general land uses and programs specified in the General Plan.
2. It is compatible with the uses authorized in, and the regulations prescribed for, the land
use district in which the real property is located.
The proposed Development Agreement will facilitate the establishment of the Cannabis
related facility within an existing building. The Project is located in the Limited Industrial
(LI) General Plan Land use designation and the Limited Manufacturing (M-1) Zoning
designation, which is consistent with the applicable General Plan Land Use Designation.
The proposed use is a permitted use subject to the approval of a Conditional Use Permit
within the M-1 Zoning designation.
3. It is in conformity with public convenience, general welfare and good land use practices.
ORD. No. 2019-1403
Page 3 of 4
The proposed Cannabis related facility which will be facilitated through the proposed
Development Agreement was found to be a high value development which will have
beneficial impacts to the surrounding community. Furthermore, the Project has been
reviewed and conditioned by all applicable City departments to reduce the potential for
any adverse effects.
4. It will not be detrimental to the health, safety and general welfare.
The proposed Development Agreement will facilitate the establishment of a Cannabis
related facility within an existing building. The proposed Project has been reviewed and
conditioned by all applicable City departments to reduce the potential for any adverse
effects to the health, safety and general welfare.
5. It will not adversely affect the orderly development of property or the preservation of
property values;
The proposed Development Agreement will facilitate the establishment of a Cannabis
related facility within an existing building. The proposed use has been analyzed and staff
has determined that the proposed use meets all applicable sections of the LEMC and will
complement the existing uses. The Project was found not to adversely affect the orderly
development of property or the preservation of property values.
6. It is consistent with the provisions of Government Code Sections 65864 through 65869.5.
The proposed Development Agreement includes all mandatory provisions required by
Government Code § 65865.2 and does not include any provisions that are not authorized
by the Development Agreement Act.
Section 4. Based upon the evidence presented, both written and testimonial, and the above
findings, the Council finds that the Project is consistent with the MSHCP
Section 5. Based upon the evidence presented, the above findings, the City Council approves
Development Agreement 2018-07.
Section 6. If any provision of this Ordinance or its application is held invalid by a court of
competent jurisdiction, such invalidity shall not affect other provisions, sections, or applications
of the Resolution which can be given effect without the invalid provision or application, and to
this end each phrase, section, sentence, or word is declared to be severable.
Section 7. This Ordinance shall take effect thirty (30) days after the date of its final passage or
such later date as may be designated by the City Council. The City Clerk shall certify as to
adoption of this Ordinance and cause this Ordinance to be published and posted in the manner
required by law.
ORD. No. 2019-1403
Page 4 of 4
PASSED and ADOPTED at the Regular meeting of the City Council of the City of Lake Elsinore,
California, on the 8th day of January 2019. ,
ATTEST:
Mark Mahan
Deputy City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE)
I, Mark Mahan, Deputy City Clerk of the City of Lake Elsinore, do hereby certify that the foregoing
Ordinance No. 2019-1403 was introduced at the Regular meeting of December 11, 2018, and
adopted by the City Council of the City of Lake Elsinore at its Regular meeting of January 8, 2019
by the following vote:
AYES: Council Members Sheridan, Johnson and Magee; Mayor Pro -Tem Tisdale
NOES: None
ABSENT: None
ABSTAIN: Mayor Manos
Mark Mahan
Deputy City Clerk