HomeMy WebLinkAbout0003_2_PA 2018-46 - Exhibit A - DA Resolution
RESOLUTION NO. 2022-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, RECOMMENDING APPROVAL OF DEVELOPMENT
AGREEMENT NO. 2018-13 FOR AN 11,600 SQUARE FOOT CANNABIS FACILITY
LOCATED AT 540 3RD STREET (APN: 377-430-050)
Whereas, Paul S. Cadaret, LECANNA, LLC, has filed an application with the City of Lake
Elsinore (City) requesting approval of Planning Application No. 2018-46 (Development
Agreement No. 2018-13 and Conditional Use Permit No. 2018-17) proposing to establish a 11,600
SF cannabis facility that includes: retail dispensary space (<2,300 SF); distribution/delivery space
(<25% of the project SF); cultivation, manufacturing, and/or Type-S licensee support space
(>=50% of the project SF); and ancillary functions (<25% of the project SF). All cannabis use
spaces shall be located within an existing building or enclosed/secured spaces that lie within the
walled/gated rear yard area (Project). The Project is generally located at the northeast corner of
Pasadena and 3rd Street and more specifically referred to as 540 3rd Street, Lake Elsinore, CA
92530 (APN: 377-430-050); 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 1, 2021, at a duly noticed Public Hearing, the Commission has
considered evidence presented by the Community Development Department and other interested
parties with respect to this item.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS
FOLLOWS:
Section 1: That in accordance with the MSHCP, the Commission 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
PC Reso. No. 2022-____
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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 Commission 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 (Planning Commission report) of the LEMC, the Commission makes the following
findings regarding Development Agreement No. 2019-13:
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.
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.
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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 Commission hereby recommends that the Council find 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 Commission hereby recommends that the Council
approve Development Agreement N0. 2018-13.
Section 6: This Resolution shall take effect immediately upon its adoption.
Passed and Adopted on this 1st day of February, 2022.
John Gray, Chairman
Attest:
___________________________________
Justin Kirk,
Assistant Community Development Director
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
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I, Justin Kirk, Assistant Community Development Director of the City of Lake Elsinore, California,
hereby certify that Resolution No. 2022-__ was adopted by the Planning Commission of the City
of Lake Elsinore, California, at a regular meeting held February 1, 2022 and that the same was
adopted by the following vote:
AYES
NOES:
ABSTAIN:
ABSENT:
Justin Kirk,
Assistant Community Development Director
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Exhibit A