HomeMy WebLinkAboutOrd. No. 2021-1451 Development Agreement No. 2018-03 (TRU CC) Cannibis Faicility at APN 377-120-059
ORDINANCE NO. 2021-1451
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT NO. 2018-03 FOR
A 25,105 SQUARE FOOT CANNABIS FACILITY LOCATED AT APN: 377-120-
059
Whereas, TRU CC, LLC has filed an application with the City of Lake Elsinore (City)
requesting approval of Planning Application No. 2018-35 (Development Agreement No. 2018-03,
Conditional Use Permit No. 2018-07, and Industrial Design Review No. 2019-03) to construct a
50,627-sq. ft. concrete tilt-up building with 97 parking spaces on an approximately 2.77-acre site.
Hardscape, landscape, on-site stormwater management improvements, trash enclosure, and
area lighting would be constructed as part of the project. In addition the applicant has requested
to establish a portion of the building (approximately 25,105 sq. ft.) as a cannabis facility that
includes cultivation, manufacturing, retail, distribution, and related uses. The proposed project is
located at the northwest corner of Central Avenue and Pasadena Street (APN: 377-120-059);
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 February 16, 2021 and March 2, 2021, at duly noticed Public Hearings, the
Commission has considered evidence presented by the Community Development Department
and other interested parties with respect to this item; 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 April 13, 2021, 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:
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 located in a previously disturbed site.
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 finds that the proposed Project is exempt from the California
Environmental Quality Act (Cal. Pub. Res. Code §§21000 et seq.: “CEQA”) and the CEQA
Guidelines (14 C.C.R. §§ 15000 et seq.) pursuant to CEQA Guidelines Section 15332 In-Fill
Development Projects. The Project is consistent with the applicable General Plan designation and
policies, as well as zoning designation and regulations, and is within the City’s boundaries on a
site less than five acres surrounded by urban uses. The subject property has no value as habitat
for endangered, rare or threatened species. Approval of the Project will not result in any significant
effects relating to traffic, noise, air quality, or water quality and the Project is adequately served
by all required utilities and public services.
Section 3: That in accordance with California Planning and Zoning Law and the Section
19.12.080 (Decision by City Council) of the LEMC, the Council makes the following findings
regarding Development Agreement No. 2018-03:
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 a newly constructed 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. The proposed newly constructed buildings
have been designed in a manner consistent with the M-1 Zoning Designation.
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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. 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. 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
surrounding 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 Development Agreement No.
2018-03.
Section 6: Severability. 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 Ordinance 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: Effective Date. This Ordinance shall become effective at 12:01 a.m. on
the thirty-first (31st) day af ter the date of adoption.
Section 8: Certification. The City Clerk shall certify to the passage of this Ordinance
and shall cause a synopsis of the same to be published according to 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 27th day of April 2021.
Robert E. Magee
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. 2021-1451 was introduced by the City Council of the City of Lake Elsinore,
California, at the Regular meeting of April 13, 2021 and adopted at the Regular meeting of April
27, 2021 and that the same was adopted by the following vote:
AYES: Council Members Tisdale, Johnson, and Manos; Mayor Pro Tem Sheridan; and
Mayor Magee
NOES: None
ABSENT: None
ABSTAIN: None
Candice Alvarez, MMC
City Clerk
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