HomeMy WebLinkAboutOrd. No. 2020-1440 PA 2018-37 Modern Leaf Modification to Development Agreement
ORDINANCE NO. 2020-1440
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, APPROVING MODIFICATIONS TO DEVELOPMENT
AGREEMENT NO. 2018-05 TO INCREASE THE TOTAL AREA FROM 2,074 SF
TO AN APPROXIMATELY 6,524 SQUARE FOOT CANNABIS FACILITY
WITHIN AN EXISTING BUILDING LOCATED AT 31877 CORYDON SUITE 120
(APN: 370-051-016) AND 31881 CORYDON SUITE 150 (APN: 370-051-030)
Whereas, Modern Leaf, LLC has filed an application with the City of Lake Elsinore (City)
requesting approval of modifications to Development Agreement No. 2018-02 (Exhibit A) and
Conditional Use Permit No. 2018-05 that established a 2,074 Square Foot (SF) Cannabis Facility
within an existing building (Project). The modified Project will increase the size by 4,450 sf for a
total Area of 6,524 SF. The Project is generally located at the northeast corner of the intersection
Cereal and Corydon and more specifically referred to as 31877 Corydon Unit 120 AND 31881
Corydon 150 (APN:370-051-006 AND 370-051-030); 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 October 6, 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 November 10, 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 DOES
ORDAIN AS FOLLOWS:
Section 1: That in accordance with the MSHCP, the Council makes the following findings
for MSHCP consistency:
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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. 2019-07:
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.
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.
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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 proposed modifications
to Development Agreement NO. 2018-05.
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 8th day of December 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. 2020-1440 was introduced by the City Council of the City of Lake Elsinore,
California, at the Regular meeting of November 10, 2020, adopted at the Regular meeting of
December 8, 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
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