HomeMy WebLinkAboutOrd. No. 2020-1426 IE Licensing Development Agreement 2018-01 Modification Cannabis Facility 31885 Corydon Units 130, 140 & 150
ORDINANCE NO. 2020-1426
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA APPROVING FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
NO. 2018-01 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:370-031-17, 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, 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 March 17, 2020, at a duly noticed Public Hearing, the Commission considered
evidence presented by the Community Development Department and other interested parties with
respect to this item and acted to recommend approval of the subject modifications to the Council;
and.
Whereas, pursuant to Chapter 19.12 (Development Agreements), the Council has the
responsibility of making decisions to approve, conditionally approve, or disapprove
recommendations of the Commission for Development Agreements; and,
Whereas, on March 24, 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.
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Ord. No. 2020-1426
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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:
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. “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 3: That in accordance with California Planning and Zoning Law and the Section
19.12.070 (Council report) of the LEMC, the Council makes the following findings regarding
modifications to Development Agreement No. 2018-01:
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.
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Ord. No. 2020-1426
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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.
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, and the Conditions of
Approval imposed upon the Project, the Council hereby approves the First Amendment to
Development Agreement No. 2018-01.
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.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of
the City of Lake Elsinore, California, on this 28th day of April 2020.
Brian Tisdale
Mayor
Attest:
Candice Alvarez, MMC
City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that
Ordinance No. 2020-1426 was introduced at the Regular meeting of the City Council of April 14,
2020, and adopted by the City Council of the City of Lake Elsinore, California, at the Regular
meeting of April 28, 2020 and that the same was adopted by the following vote:
AYES: Council Members Johnson, and Sheridan; Mayor Pro-Tem Magee and
Mayor Tisdale
NOES: None
ABSENT: Council Member Manos
ABSTAIN: None
Candice Alvarez, MMC
City Clerk
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