HomeMy WebLinkAboutItem No. 03 Adopt Ord No. 2018-01 IE LicensingText File
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 19-560
Agenda Date: 4/28/2020 Status: Approval FinalVersion: 1
File Type: Council Consent
Calendar
In Control: City Council / Successor Agency
Agenda Number: 3)
Page 1 City of Lake Elsinore Printed on 4/23/2020
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Candice Alvarez, MMC, City Clerk
Date: April 28, 2020
Subject: Second Reading of Ordinance Approving Modifications to Development
Agreement No. 2018-01 – IE Licensing
Recommendation
Adopt by title only and waive further reading of AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING MODIFICATIONS 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).
Background
At its Regular meeting on April 14, 2020, the City Council introduced by title only and waived
further reading of the Ordinance.
Exhibit
Exhibit A - Ordinance
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.
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
Ord. No. 2020-1426
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(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.
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
Ord. No. 2020-1426
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adoption of this Ordinance and cause this Ordinance to be published and posted in the manner
required by law.
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 Manos, Johnson, and Sheridan; Mayor Pro-Tem Magee and
Mayor Tisdale
NOES: None
ABSENT: None
ABSTAIN: None
Candice Alvarez, MMC
City Clerk