HomeMy WebLinkAboutPA 2019-31 - Exhibit B CUP Resolution (4)
RESOLUTION NO. 2020-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE, CALIFORNIA, APPROVE CONDITIONAL USE PERMIT
NO. 2018-02 TO ESTABLISH A 4,801 SQUARE FOOT RESTAURANT WITH A DRIVE-
THROUGH LOCATED AT APN: 377-080-084
Whereas, Rahman and Associates, LLC has filed an application with the City of Lake Elsinore
(City) requesting approval of Planning Application No. 2019-78 to construct two (2) buildings
totaling 17,037 SF; hardscape, landscape, on-site stormwater management improvements, trash
enclosure, and area lighting would be constructed as part of the development (Project). In
addition, the applicant has requested to establish a 17,037 SF cannabis facility that includes
11,100 SF of cultivation use, 1,853 SF of dispensary use, and approximately 4,084 SF of ancillary
and/or support uses within the requested buildings. The Project is generally located at the
northwest corner of the intersection Minthorn and Spring and more specifically referred to as
18990 Spring St. (APN:377-220-024); 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, Chapter 17.168 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 17.168 (Conditional Use Permits) of the LEMC, the Planning
Commission (Commission) has been delegated with the responsibility of making
recommendations to the Council pertaining to conditional use permits; and,
Whereas, on June 2, 2020, 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: The Commission has considered the Project prior to making a recommendation to
the Council and has found it acceptable.
Section 2: That in accordance with the MSHCP, the Commission makes the following findings
for MSHCP consistency:
PC Reso. No. 2020-____
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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 3: 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 15332
(Class 32 – Infill Development), because :
1. The project is consistent with the applicable general plan designation and all applicable
general plan policies as well as with applicable zoning designation and regulations.
The subject site has a General Plan Land Use Designation of Limited Industrial (LI) and
has a M-1 Limited Manufacturing District zoning designation (M-1). The LI designation
provides for industrial parks, warehouses, manufacturing, research and development,
public and quasi-public uses, and similar and compatible uses and the M-1 designation
establishes a number of industrial land uses, included as permitted by right or subject to
the approval of a Conditional Use Permit, including cannabis oriented land uses. Because
the subject development consists of an industrial park and the applicant has applied for a
CUP, the project is found to meet this finding.
2. The proposed development occurs within city limits on a project site of no more than five
acres substantially surrounded by urban uses.
The subject parcel is 1.37 acres and is surrounded by urban uses.
3. The project site has no value as a habitat for endangered, rare, or threatened species.
The project applicant has provided a Phase 1 Environmental Site Assessment that did
not identify any resources onsite and found the site to have been extensively disturbed. In
addition, the subject site is not located within any special assessment area, is not located
within a Multiple Species Conservation Habit Plan criteria cell or special study area and
has been conditioned to conduct additional surveys prior to ground disturbance.
Therefore, due to these reasons the project site has been found to have no value as a
habitat for endangered, rare, or threatened species.
4. Approval of the project would not result in any significant effects relating to traffic, noise,
air quality, or water quality.
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A comprehensive traffic impact analysis was prepared for the project that found that the
project would not have any significant effects and required that the project pay requisite
in-lieu fees and construct frontage improvements, which have been conditioned in a
manner consistent with the Municipal Code. A Water Quality Management Plan was
prepared that evaluated the project design features that found the project met all
necessary permit requirements and did not discharge water from the subject site without
treatment. The project does not propose any features which would generate significant
noise and has been conditioned to not exceed the thresholds of significance as
established by the Municipal Code.
5. The site can be adequately served by all required utilities and public services.
Water and wastewater services are provided by the Elsinore Valley Municipal Water
District, which has conditionally issued a will serve letter guaranteeing adequate source
of supply of water and system capacity to serve the project, provided specific Conditions
of Approval are met. The site is served by Southern California Edison and the Gas
Company and adequate electrical and/or gas transmission lines exist adjacent to the
project site.
Section 4: That in accordance with California Planning and Zoning Law and the LEMC Section
17.168.060 (Findings), the Commission 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 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.
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 an existing building. 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.
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.
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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 17.168.050 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 17.168.040 of the LEMC, the Project was considered by the
Commission at a duly noticed Public Hearing on June 2, 2020, 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 Commission hereby recommends that the Council find that the Project is consistent
with the MSHCP.
Section 6: 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 Conditional Use Permit No. 2020-21.
Section 7: This Resolution shall take effect immediately upon its adoption.
Passed and Adopted on this 2nd day of June, 2020.
Michael Carroll, Chairman
Attest:
___________________________________
Justin Kirk,
Assistant Community Development Director
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
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CITY OF LAKE ELSINORE )
I, Justin Kirk, Assistant Community Development Director of the City of Lake Elsinore, California,
hereby certify that Resolution No. 2020-__ was adopted by the Planning Commission of the City
of Lake Elsinore, California, at a regular meeting held on June 2nd, 2020 and that the same was
adopted by the following vote:
AYES
NOES:
ABSTAIN:
ABSENT:
Justin Kirk,
Assistant Community Development Director