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Home My WebLink About2021-114 PA 2020-84 Conditional Use Permit RESOLUTION NO. 2021-114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING MODIFICATIONS TO CONDITIONAL USE PERMIT NO. 2020-01 TO INCREASE THE TOTAL AREA FROM 3,754 SF TO AN APPROXIMATELY 7,164.46 SF CANNABIS FACILITY WITHIN AN EXISTING BUILDING LOCATED AT 571 CRANE STREET UNIT H (APN:377-410-032) AND 570 CENTRAL AVENUE UNIT G (APN:377-410-024) Whereas, Kind Group Ventures, LLC has filed an application with the City of Lake Elsinore (City) requesting approval of modifications to Development Agreement No. 2020-01 and Conditional Use Permit No. 2020-01 that established a 3,754 SF Cannabis Facility within an existing building (Project). The modified Project will increase the size by 3,410.46 SF for a total Area of 7,164.46 SF. The total combined facility would include 2,050.1 SF of cultivation area, 1,942 SF of manufacturing space, 800.77 SF of retail dispensary space 1,395 SF of warehouse and ancillary use space, 559.59 SF of common area and 417 SF of distribution space. The Project is generally located at the northeast corner of the intersection Crane Street and Collier Avenue and more specifically referred to as 571 Crane Street Unit H (APN:377-410-032) and 570 Central Avenue Unit G (APN:377-410-024); 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, Section 17.415.070 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 17.410 (General Application Processing Procedures) of the LEMC, the Planning Commission (Commission) has been delegated with the responsibility of making a recommendation to the City Council (Council) since the proposed project includes a Development Agreement amendment in conjunction with the proposed Conditional Use Permit modification; and, Whereas, on September 7, 2021, 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 took action to recommend approval of the proposed project; and Whereas, pursuant to Chapter 17.410 (General Application Processing Procedures) of the LEMC, the Council has the responsibility of making decisions to approve, modify or disapprove recommendations of the Commission pertaining to Conditional Use Permits since the DocuSign Envelope ID: C35DC878-9F47-4107-99C1-2A3141A35131 CC Reso. No. 2021-114 Page 2 of 4 proposed project includes a Development Agreement amendment in conjunction with the proposed Conditional Use Permit modification; and, Whereas, on September 28, 2021, at a duly noticed Public Hearing, the Council has considered 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: The Council has considered the Project prior to making a decision 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 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 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 District, 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 in accordance with LEMC Chapter 17.156. DocuSign Envelope ID: C35DC878-9F47-4107-99C1-2A3141A35131 CC Reso. No. 2021-114 Page 3 of 4 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 existing buildings in an industrial park. 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. The proposed project also includes the First Amendment to Development Agreement 2020-01, which will offset the potential costs incurred by the City associated with the establishment of a Cannabis related facility within an industrial park. 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. 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 17.415.070.B.1 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 17.415.070 of the LEMC, the Project was considered by the Commission at a duly noticed Public Hearing on September 7, 2021 and by the City Council at a duly noticed Public Hearing on September 28, 2021, 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. DocuSign Envelope ID: C35DC878-9F47-4107-99C1-2A3141A35131 CC Reso. No. 2021-114 Page 4 of 4 Section 6: 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 Planning Application No. 2020-84 (Conditional Use Permit No. 2020-01). Section 7: 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. Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore, California, this 28th day of September 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. 2021-114 was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of September 28, 2021 and that the same was adopted by the following vote: AYES: Council Members Tisdale and Johnson; Mayor Pro Tem Sheridan; and Mayor Magee NOES: None ABSENT: Council Member Manos ABSTAIN: None Candice Alvarez, MMC City Clerk DocuSign Envelope ID: C35DC878-9F47-4107-99C1-2A3141A35131