HomeMy WebLinkAboutResolution 2021-03 DA 2018-03 CUP 2018-07 TRU Cannabis Facility
RESOLUTION NO. 2021-03
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, RECOMMENDING APPROVAL OF CONDITIONAL
USE PERMIT NO. 2018-07 TO ESTABLISH 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, Section 17.415.070 of 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 February 16, 2021 and March 2, 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: The Commission has considered the Project prior to making a
recommendation to the Council and has found it acceptable.
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Section 2: 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 located in a previously 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 3: The Commission 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 4: That in accordance with LEMC Section 17.415.070.C. Findings, the
Commission makes the following findings regarding Conditional Use Permit No. 2018-07:
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 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 proposed use.
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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 LEMC 17.415.070.B, 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.B of the LEMC, the Project was considered by the
Commission at a duly noticed Public Hearing on February 16, 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 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. 2018-07.
Section 7: This Resolution shall take effect immediately upon its adoption.
Passed and Adopted at a regular meeting of the Planning Commission of the City of
Lake Elsinore, California, on the 2nd day of March 2021.
_____________________________
Rendell Klaarenbeek
Chair
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Attest:
___________________________________
Justin Kirk,
Assistant Community Development Director
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Justin Kirk, Assistant Community Development Director of the City of Lake Elsinore, California,
hereby certify that Resolution No. 2021-03 was adopted by the Planning Commission of the City
of Lake Elsinore, California, at a regular meeting held on March 2, 2021 and that the same was
adopted by the following vote:
AYES: Commissioners Dobler and Gray; and Chair Klaarenbeek
NOES: None
ABSENT: Commissioners Carroll and Peters
ABSTAIN: None
Justin Kirk,
Assistant Community Development Director
FOR:
FOR:
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