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HomeMy WebLinkAboutCC Reso No 2020-029 CUP 2018-05 Modifiction Increasing Square Footage for Cannabis Facility 31885 Corydon Units 130, 140, & 150 RESOLUTION NO. 2020 -029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING MODIFICATIONS TO CONDITIONAL USE PERMIT NO. 2018-05 TO INCREASE THE TOTAL AREA FROM 1,550 SF TO AN APPROXIMATELY 5,000 SQUARE FOOT CANNABIS FACILITY WITHIN AN EXISTING BUILDING LOCATED AT 31885 CORYDON UNITS 130, 140, AND 150 (APN:370-03 1-17, 370-031- 018 AND 370-031 -019) Whereas, David Hargett, IE Licensing has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2018-33 for modifications to Development Agreement No. 2018 -01 (Exhibit A) and Conditional Use Permit No. 2018 -05 to establish an approximately 1,550 Square Foot (SF) Cannabis Facility within an existing building (Project). The Project will increase the size and scope of the facility from 812 SF of manufacturing space and 738 SF of warehouse and ancillary uses to approximately 1,850 SF of cultivation, 2,150 SF of manufacturing and ancillary uses, and a retail dispensary not to exceed 1,000 SF. The Project is generally located at the northeast corner of the intersection Cereal and Corydon and more specifically referred to as 31885 Corydon Units 130, 140, AND 150 (APN:370 -031-17, 370-031- 018 AND 370-031-019); 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, Chapter 17.168 of the Lake Elsinore Municipal Code (LEMC) provides that certain uses have operational characteristics that, depending on the location and design of the use, may have the potential to negatively impact adjoining properties, businesses or residents and therefore are permitted subject to the issuance of a Conditional Use Permit, which allows the City to comprehensively review and approve the use; and Whereas, pursuant to Chapter 17.168 (Conditional Use Permits) of the LEMC, the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the City Council (Council) pertaining to conditional use permits; and Whereas, on March 17, 2020, 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 and took action to recommend approval of the modifications to the approved Conditional Use Permit; and Whereas, pursuant to Chapter 17.168 (Conditional Use Permits), the Council has the responsibility of making decisions to approve, conditionally approve, or disapprove recommendations of the Commission for Conditional Use Permits; and CC Reso. No. 2020-029 Page 2 of 4 Whereas, on April 14, 2020, at a duly noticed Public Hearing, the Council has considered the recommendation of the Commission as well as evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THERE FORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1: The Council has considered the Project prior to making a recommendation to the Council and has found it acceptable. Section 2: That in accordance with the MSHCP, the Council 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 6.1.2 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 3: The Council hereby finds and determines that the Project is categorically exempt from California Environmental Quality Act (Cal. Publ. Res. Code §§21000 et seq. “CEQA”) 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 4: That in accordance with California Planning and Zoning Law and the LEMC Section 17.168.060 (Findings), the Council makes the following findings regarding the Project: 1. That the proposed use, on its own merits and within the context of its setting, is in accord with the objectives of the General Plan and the purpose of the planning district in which the site is located. The proposed 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. CC Reso. No. 2020-029 Page 3 of 4 2. The proposed use will not be detrimental to the general health, safety, comfort or general welfare of persons residing or working within the neighborhood of the proposed use or the City, or injurious to property or improvements in the neighborhood or the City. The proposed use will be located within an existing building. The proposed use does not propose either directly or indirectly any detrimental effects to the existing surrounding community. The Project has been conditioned as such to avoid any possible negative impacts associated with the conversion and operation of the proposed facility. 3. The site for the intended use is adequate in size and shape to accommodate the use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other features required by this title. 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, based on the submitted plans and attached conditions of approval. 4. The site for the proposed use relates to streets and highways with proper design both as to width and type of pavement to carry the type and quantity of traffic generated by the subject use. The proposed use is located within an existing built environment, inclusive of streets. The existing streets are of adequate size to facilitate safe and convenient transportation to and from the site. 5. In approving the subject use at the specific location, there will be no adverse effect on abutting properties or the permitted and normal use thereof. The Project has been thoroughly reviewed and conditioned by all applicable City departments thereby eliminating the potential for any adverse effects. 6. Adequate conditions and safeguards pursuant to Section 17.168.050 of the LEMC, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject Project to ensure development of the property in accordance with the objectives of this chapter and the planning district in which the site is located. Pursuant to Section 17.168.040 of the LEMC, the Project was considered by the Planning Commission at a duly noticed Public Hearing on March 17, 2020 and the City Council on April 14, 2020, appropriate and applicable conditions of approval have been included to protect the public health, safety and general welfare. Section 5: 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 6: Based upon the evidence presented, the above findings, and the Conditions of Approval imposed upon the Project, the Council hereby approves the proposed modifications to Planning Application No. 2018-33 (Conditional Use Permit No. 2018-05). Section 7: The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions.