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HomeMy WebLinkAboutCC Reso No 2020-067_CUP_for_Planning_Commission_Application_No._2019-31_Rahman_and_Associates RESOLUTION NO. 2020-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2019-08 TO ESTABLISH 17,037 SF CANNABIS FACILITY LOCATED AT APN: 377-220-024 Whereas, Rahman and Associates, LLC has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2019-78 to construct two (2) buildings totaling 17,037 SF; hardscape, landscape, on-site stormwater management improvements, trash enclosure, and area lighting would be constructed as part of the development (Project). In addition, the applicant has requested to establish a 17,037 SF cannabis facility that includes 11,100 SF of cultivation use, 1,853 SF of dispensary use, and approximately 4,084 SF of ancillary and/or support uses within the requested buildings. The Project is generally located at the northwest corner of the intersection Minthorn and Spring and more specifically referred to as 18990 Spring St. (APN:377-220-024); 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 Council pertaining to conditional use permits; and, Whereas, on June 2, 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 acted to recommend approval of the project; and Whereas, pursuant to Chapter 17.168 (Conditional Use Permits) of the LEMC, the City Council (Council) has been delegated with the responsibility of taking action on Conditional Use Permits based upon recommendations from the Planning Commission; and, Whereas, on June 23, 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, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: DocuSign Envelope ID: F7CDA8BD-004B-41B8-950B-D8F988C67958 CC Reso. No. 2020-67 Page 2 of 5 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 15332 (Class 32 – Infill Development), because: 1. The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. The subject site has a General Plan Land Use Designation of Limited Industrial (LI) and has a M-1 Limited Manufacturing District zoning designation (M-1). The LI designation provides for industrial parks, warehouses, manufacturing, research and development, public and quasi-public uses, and similar and compatible uses and the M-1 designation establishes a number of industrial land uses, included as permitted by right or subject to the approval of a Conditional Use Permit, including cannabis oriented land uses. Because the subject development consists of an industrial park and the applicant has applied for a CUP, the project is found to meet this finding. 2. The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. The subject parcel is 1.37 acres and is surrounded by urban uses. 3. The project site has no value as a habitat for endangered, rare, or threatened species. The project applicant has provided a Phase 1 Environmental Site Assessment that did not identify any resources onsite and found the site to have been extensively disturbed. In addition, the subject site is not located within any special assessment area, is not located within a Multiple Species Conservation Habit Plan criteria cell or special study area and DocuSign Envelope ID: F7CDA8BD-004B-41B8-950B-D8F988C67958 CC Reso. No. 2020-67 Page 3 of 5 has been conditioned to conduct additional surveys prior to ground disturbance. Therefore, due to these reasons the project site has been found to have no value as a habitat for endangered, rare, or threatened species. 4. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. A comprehensive traffic impact analysis was prepared for the project that found that the project would not have any significant effects and required that the project pay requisite in-lieu fees and construct frontage improvements, which have been conditioned in a manner consistent with the Municipal Code. A Water Quality Management Plan was prepared that evaluated the project design features that found the project met all necessary permit requirements and did not discharge water from the subject site without treatment. The project does not propose any features which would generate significant noise and has been conditioned to not exceed the thresholds of significance as established by the Municipal Code. 5. The site can be adequately served by all required utilities and public services. Water and wastewater services are provided by the Elsinore Valley Municipal Water District, which has conditionally issued a will serve letter guaranteeing adequate source of supply of water and system capacity to serve the project, provided specific Conditions of Approval are met. The site is served by Southern California Edison and the Gas Company and adequate electrical and/or gas transmission lines exist adjacent to the project site. 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. 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. DocuSign Envelope ID: F7CDA8BD-004B-41B8-950B-D8F988C67958 CC Reso. No. 2020-67 Page 4 of 5 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 Council at a duly noticed Public Hearing on June 23, 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 hereby 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 Conditional Use Permit No. 2019-08. Section 7: The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions. Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore, California, this 23rd day of June 2020. Brian Tisdale Mayor Attest: Candice Alvarez, MMC City Clerk DocuSign Envelope ID: F7CDA8BD-004B-41B8-950B-D8F988C67958 CC Reso. No. 2020-67 Page 5 of 5 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 Resolution No. 2020-67 was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of June 23, 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: Council Member Manos ABSENT: None ABSTAIN: None Candice Alvarez, MMC City Clerk DocuSign Envelope ID: F7CDA8BD-004B-41B8-950B-D8F988C67958