HomeMy WebLinkAboutPC Reso No 2018-105 (DA 2018-10, Medfarm)RESOLUTTON NO. 2018-105
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, APPROVAL OF DEVELOPMENT AGREEMENT
NO. 2018.10 FOR AN APPROXIMATELY 39,OOO SQUARE FOOT CANNABIS
FACILITYWITHIN AN EXISTING BUILDING LOCATED AT 29395 COLLIER BUILDING
A (APN: 377-120-0431
Whereas, Garin Heslop, Medfarm has filed an application with the City of Lake Elsinore (City)
requesting approval of Planning Application No. 2018-34 (Development Agreement No. 2018-10
and Conditional Use Permit No. 2018-14) to establish an 39,000 SF Cannabis Facility within an
existing building (Project). The facility will consist of a 1,828 SF dispensary, 31,068 SF of
cultivation space, 1 ,828 SF of manufacturing space, 2,019 SF of distribution space and 2, '169 SF
of ancillary uses. The Project is generally located at the northwest corner of the intersection Hunco
Way and Collier and more specifically referred 29395 Collier Building A (APN: 377-120-043); 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 Elsrnore 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 1 9.12 (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 December 04,2018, 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.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1: That in accordance with the MSHCP, the Commission makes the following findings
for MSHCP consistency:
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.l.2 or 6.3.l of theMSHCP
are not applicable.
PC Reso. No. 2018-105
Page 2 ol 4
3. The Project is consistent with the Protection of Narrow Endemic Plant Species (NEPS)
Guidelines and the Additional Survey Needs and Procedures because the project is not
located within any NEPS Survey Areas or Critical Species Survey Areas.
4. The Poect is consistent with the Fuels Management Guidelines because the Poect 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.
@3!@e The Commission hereby finds and determines that the Project is categorically exempt
from California Environmental Quality Act (Cal. Publ. Res. Code SS21000 et seq. "CEQA") and
CEQA Guidelines (14. Cal. Code Regs. SS15000 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 Commission makes the following
findings regarding Development Agreement No. 2018-02:
1. lt 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 incuned by the
CW associated with the establishment of a Cannabis related facility within an industrial distict.
The Project site's General Plan Land Use designation is Limited lndustial (LI). The proposed
Project is consistent the Ll land use designation and with the objectives, policies, general land
uses and programs specified in the General Plan.
2. lt 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 lndustrial (Ll)
General Plan Land use designation andthe General Manufacturing (M-2) Zoning designation,
which is consistent with the applicable General Plan Land Use Designation. The proposed
use is a permitted use sub_/ect to the approval of a Conditional Use Permit within the M-2
Zoning designation.
3. lt is in conformity with public convenience, general welfare and good land use practices.
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 sunounding community. Fufthermore, the Project has been reviewed and
conditioned by ail applicable City departments to reduce the potential for any adverse effects.
4. lt 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
PC Reso. No. 2018-105
Page 3 of 4
by all applicable City depaftments to reduce the potential for any adverse effects to the health,
safety and general welfare.
5. lt 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 meefs all applicable secfions of the LEMC and will
complement the existing uses. Ihe Project was found not to adversely affect the ordedy
development of propefty or the preservation of property values.
6. lt 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 S 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 Commission hereby recommends that the Council find that the Project is consistent
with the MSHCP.
Section 5: Based upon the evidence presented, the above findings, and the Conditions of
Approval imposed upon the Project, the Commission hereby recommends that the Council
approve Development Agreement No. 2018-10.
Section 6: This Resolution shall take effect immediately upon its adoption.
Passed and Adopted on this 4rh day of December 2018, by the following vote:
Myles Ry'ss, Chdirman
PC Reso. No. 2018-105
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STATE OF CALTFORNTA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
l, Justin Kirk, Assistant Community Development Director of the City of Lake Elsinore, California,
hereby certify that Resolution No. 2018-105 was adopted by the Planning Commission of the City
of Lake Elsinore, California, at a Regular meeting held of December 4, 2018, and that the same
was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioner's Gray, Armit; and Chairman Ross
None
Vice-Chair Carroll and Commissioner Klaarenbeek
None
Assistant Development Director