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HomeMy WebLinkAbout2021-007 Planning Application No. 2020-98 (SCCC Group) CUP RESOLUTION NO.2021-7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2020-13 TO ESTABLISH A 4,925 SQUARE FOOT CANNABIS FACILITY LOCATED AT 31889 CORYDON ROAD, SUITE 170 (APN: 370-031-007) Whereas,Hazelina Laskey, SCCC Group Services, Inc., has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2020-98 (Development Agreement No. 2020-04 and Conditional Use Permit No. 2020-13) a Cannabis Facility within an existing building utilizing 50% of tenant space for non-volatile, solvent-less manufacturing, with accessory use for wholesale and retail distribution and retail dispensary of medicinal and recreational cannabis-derived products (Project). The total facility area of use is 4925 sq. ft., with dispensary accounting for 1209 sq. ft., less than 25% of total space and revenue (24.55%), manufacturing and distribution 933 sq. ft., and the balance for employee area and large patient and wholesale customer waiting room area. The Project is generally located at the northwest corner of the intersection Cereal Street and Corydon Road and more specifically referred to as 31889 CorydonRoad, Suite 170 (APN:370-031-007);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 AcquisitionProcess (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,Section 17.415.070of the Lake Elsinore Municipal Code (LEMC) provides that certain uses are desirable but may have operational characteristics that disproportionately impact adjoining properties, businesses, or residents. Accordingly, such uses require a more comprehensive review and approval procedure, including the ability to condition the project in order to mitigate significant impact; and, Whereas,pursuant Section 17.410.070 (Approving Authority) and Section 17.410.030 (Multiple Applications) of the LEMC, the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the City Council (Council) pertaining to conditional use permits; and, Whereas,on December 15, 2020at 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, Whereas, pursuant to Section 17.410.070 of the LEMC, the Council has the responsibility of making decisions to approve, conditionally approve, or disapprove recommendations of the Commission for conditional use permits; and, Whereas, on January 12, 2021, at a duly noticed Public Hearing, the Council has considered the report to and the record of the Commission hearing as well as evidence presented by the Community Development Department and other interested parties with respect to this item. CCReso.No. 2021-7 Page 2of 4 NOW, THEREFORE, THE CITY COUNCILOF THE CITY OF LAKEELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1:The Council has considered the Project 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) JPRprocesses 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. Section3:The Councilhereby 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 4:That in accordance with LEMC Section 17.415.070.C. Findings, the Council makes the following findings regarding Conditional Use Permit No. 2020-13: 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 Projectis located in the Limited Industrial(LI) General Plan Land use designation and theLimited 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-1Zoning 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 belocated within an existing building. The proposed use does not propose either directly or indirectly any detrimental effects to the existing surrounding CCReso.No. 2021-7 Page 3of 4 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. Theproposed 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 17.168.050of 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. Pursuantto Section 17.410.030.Bof the LEMC, the Project was considered by the Commission at a duly noticed Public Hearing on December 15, 2020and by the City Council on January 12, 2021 andappropriate 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 findsthat the Project is consistent with the MSHCP. Section6: Based upon the evidence presented, the above findings, and the Conditions of Approvalimposed upon the Project,the Council hereby approvesConditional Use Permit No. 2020-13. Section7:This Resolution shall take effect immediately upon its adoption. Section 8:The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions. CCReso.No. 2021-7 Page 4of 4 Passed and Adoptedat a regular meeting of the City Council of the City of Lake Elsinore, th California, this 12day of January 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 Resolution No. 2021-7was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of January 12, 2021and that the same was adopted by the following vote: AYES:Council MemberManos; Mayor Pro Tem Sheridan; andMayor Magee NOES:None ABSENT:None ABSTAIN:Council Members Tisdale, and Johnson Candice Alvarez, MMC City Clerk