HomeMy WebLinkAboutResolution 2020-24 DA 2018-01 Modification to Increase Square Footage for Cannabis Facility
RESOLUTION NO. 2020-24
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE, CALIFORNIA, APPROVAL OF MODIFICATIONS TO
DEVELOPMENT AGREEMENT NO. 2018-01 TO INCREASE THE TOTAL AREA
FROM 1,550 SF TO AN APPROXIMATELY 5,000 SQUARE FOOT CANNABIS
FACILITY WITHIN AN EXISTING BUILDING LOCATED AT 31885 CORYDON
UNITS 130, 140, AND 150 (APN:370-031-17, 370-031-018 AND 370-031-019)
Whereas, David Hargett, IE Licensing has filed an application with the City of Lake
Elsinore (City) requesting approval of Planning Application No. 2018-33 for modifications to
Development Agreement No. 2018-01 (Exhibit A) and Conditional Use Permit No. 2018-05 to
establish an approximately 1,550 Square Foot (SF) Cannabis Facility within an existing building
(Project). The Project will increase the size and scope of the facility from 812 SF of manufacturing
space and 738 SF of warehouse and ancillary uses to approximately 1,850 SF of cultivation, 2,150
SF of manufacturing and ancillary uses, and a retail dispensary not to exceed 1,000 SF. The
Project is generally located at the northeast corner of the intersection Cereal and Corydon and
more specifically referred to as 31885 Corydon Units 130, 140, AND 150 (APN:370-031-17, 370-
031018 AND 370-031-019); 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 March 17, 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: 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.
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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 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 modifications to Development Agreement No. 2018-01:
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.
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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 PC
reviewed and conditioned by all applicable City departments to reduce the potential for any
adverse effects.
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 No. 2018-01.
Section 6: 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, this 17th day of March, 2020.
Michael Carroll
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. 2020-24 was adopted by the Planning Commission of the City
of Lake Elsinore, California, at a regular meeting held on the 17th day of March, 2020, and that
the same was adopted by the following vote:
AYES: Commissioners Armit, Gray, and Ross; and Chair Carroll
NOES: None
ABSENT: Vice-Chair Klaarenbeek
ABSTAIN: None
Justin Kirk,
Assistant Community Development Director
For:
For:
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Exhibit A
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
Attn: City Clerk
(Space Above Line For Recorder’s Use Only)
(Exempt from Recording Fees Per Gov. Code § 27383)
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY
OF LAKE ELSINORE AND IE LICENSING LLC
Approved ___________ __, 2020
Ordinance No. 2020-_____
IE Licensing First Amendment DA 031020
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FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT
BY AND BETWEEN THE CITY OF LAKE ELSINORE
AND IE LICENSING LLC
This First Amendment to Development Agreement (“First Amendment”), dated for
identification only as of March 1, 2020, is made by and between the City of Lake Elsinore, a
California municipal corporation (“City”), and IE Licensing LLC, a California limited liability
company (“Developer”). This Amendment shall take effect on the “Effective Date,” as this term is
hereafter defined. City and Developer may each be referred to herein individually as a “Party” or
collectively as the “Parties.”
RECITALS
A. On __________ __, ____, pursuant to City Ordinance No. _______, the City
approved and adopted that certain “DEVELOPMENT AGREEMENT BY AND BETWEEN THE
CITY OF LAKE ELSINORE AND IE LICENSING LLC,” which Development
Agreement was recorded on ___________ __, 2019 in the Official Records of Riverside County,
California as Instrument No. ____________ (the “Development Agreement”).
B. On November 28, 2017, the City Council approved Ordinance No. 1382 amending
the Lake Elsinore Municipal Code (“LEMC”) Chapter 17.156 to: (i) require all cannabis businesses
in the City to have a State license and a City cannabis business permit; (ii) establish procedures
for the review and issuance of a cannabis business permit; (iii) to allow cannabis dispensaries,
cannabis distribution, indoor cannabis cultivation, cannabis manufacturing and cannabis testing
laboratories in M-1 (limited manufacturing) and M-2 (general manufacturing) zoning districts; and
(iv) establish regulations related to such activities.
C. Ordinance No. 1382 allows persons to engage in a permissible “Cannabis Business”
upon the City’s issuance of a “Cannabis Business Permit,” which requires City approval of a
conditional use permit, development agreement, and other applicable approvals.
D. In connection with the Developer Agreement, Developer acquired an equitable
interest in that certain real property located at 31885 Corydon Road, Suite 140, in the City of Lake
Elsinore, County of Riverside, State of California, Assessor’s Parcel Number 370-031-018, which
is within a manufacturing zoning district (the “Original Site”). The Floor Area of the Original Site
is estimated at 1,550 square feet.
E. Developer has recently acquired an equitable interest in that certain real property
located at 31885 Corydon Road, Suite 130, in the City of Lake Elsinore, County of Riverside, State
of California, Assessor’s Parcel Number 370-031-017, which is within a manufacturing zoning
district (the “Suite 130 Site”).
F. Developer has also recently acquired an equitable interest in that certain real
property located at 31885 Corydon Road, Suite 150, in the City of Lake Elsinore, County of
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Riverside, State of California, Assessor’s Parcel Number 370-031-019, which is within a
manufacturing zoning district (the “Suite 150 Site”).
G. The Original Site, the Suite 130 Site and the Suite 150 Site are hereinafter referred
to collectively as the “Site.” The estimated Floor Area of the Site is 4,850 square feet.
H. The Site is more particularly described in the Legal Description attached hereto as
Exhibit A, the Site Plan is attached hereto as Exhibit B, and the Site Floor Plan is attached hereto
as Exhibit C.
I. Developer affirms that it has an equitable interest in the Site, evidenced in writing
with: (i) the owner of the Original Site, James W. Pruitt, Trustee of the James W. Pruitt Intervivos
Trust dated December 12, 1988 (the “Original Site Property Owner”), (ii) the owner of the Suite
130 Site, IE Real Estate Holding, LLC, a California limited liability company (the “Suite 130
Property Owner”), and (iii) the owner of the Suite 150 Site, Richard M. Franzo and Kara D. Franzo,
Trustees of the Make Good Decisions Trust dated March 8, 2019 (the “Suite 150 Property
Owner”), for the purpose of carrying out the Project. The Original Site Property Owner, the Suite
130 Property Owner, and the Suite 150 Property Owner are hereinafter referred to collectively as
the “Property Owners.”
J. The Property Owners have provided notarized written consent to the terms of this
Amendment and the recordation thereof, attached hereto as Exhibit D.
K. Developer proposes to improve, develop, and use the Site for a Cannabis Business,
in accordance with California Cannabis Laws (as defined below) and the LEMC, as each may be
amended from time to time (the “Project”).
L. To strengthen the public planning process, encourage private participation in
comprehensive planning and reduce the economic risk of development, the California Legislature
adopted Government Code section 65864 et seq. (the “Development Agreement Statute”), which
authorizes the City and an individual with an interest in real property to enter into a development
agreement that establishes certain development rights in real property that is subject to a
development agreement application.
M. Consistent with the requirements of the Development Agreement Statute, the City
adopted LEMC, Chapter 19.12 (“Development Agreement Ordinance”) authorizing the use of and
establishing the procedures and requirements for the consideration of development agreements
within the City along with amendments thereto. LEMC, Section 19.12.020 provides for
amendments to a development agreement “is the same as the procedure for entering into an
agreement in the first instance.” LEMC, Section 19.12.010 requires submittal of an application
along with information and supporting data as requested by the Director of Community
Development for consideration of any development agreement. Developer has satisfied this
requirement.
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N. On March __, 2020, the City of Lake Elsinore Planning Commission held a duly
noticed public hearing to consider the application for this First Amendment and recommended to
the City Council approval of this Amendment.
O. On March __, 2020, the City Council held a duly noticed public hearing to consider
this Amendment and found and determined that this First Amendment: (a) is consistent with the
objectives, policies, general land uses and programs specified in the City’s General Plan and any
applicable specific plan; (b) is compatible with the uses authorized in, and the regulations
prescribed for the Site and the surrounding area and will not adversely affect the orderly
development of the Site or the preservation of property values; (c) is in conformity with public
convenience, general welfare and good land use practices; (d) will have an overall positive effect
on the health, safety and welfare of the residents of and visitors to the City; and (e) constitutes a
lawful, present exercise of the City’s police power and authority under the Development
Agreement Statute and Development Agreement Ordinance.
P. Based on the findings set forth in Recital O herein, the City Council entered into
this Amendment pursuant to and in compliance with the requirements of the Development
Agreement Statute and the Development Agreement Ordinance; and did therefore, in approving
this Amendment introduce for first reading Ordinance No. 2020-____ (the “Enabling Ordinance”).
On __________ __, 2020, the City Council conducted the second reading of the Enabling
Ordinance thereby approving this Amendment, to become effective thirty (30) days after the
adoption thereof.
NOW, THEREFORE, in consideration of the mutual terms, obligations, promises,
covenants and conditions contained herein and for other valuable consideration, the sufficiency of
which is hereby acknowledged, the Parties, and each of them, agree as follows:
SECTION 1. EXHIBITS
The Development Agreement has attached to it four exhibits designated alphabetically as
Exhibit A through Exhibit D. Exhibits A through D of the Development Agreement shall remain
in full force and effect except to the extent that the provisions of this Section 1 of the First
Amendment modify those Exhibits.
The following documents are referred to in this First Amendment, attached hereto and
incorporated herein by this reference:
Exhibit A Legal Descriptions
Exhibit B Modified Site Plan
Exhibit C Modified Floor Plan*
Exhibit D Property Owners Consent
* The Revised Floor Plan exhibit is on file as a public record and available for
review at the City of Lake Elsinore’s City Clerk’s Office located 130 South Main
Street Lake Elsinore, CA 92530.
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SECTION 2. REVISIONS TO DEFINITIONS
The words and phrases used in this First Amendment as defined terms shall have the
meaning set forth in Section 2 of the Development Agreement, except as added and/or modified
below which defined terms shall be applicable to both the Development Agreement and the First
Amendment.
“Amendment Commencement Date” is defined in Section 4.2.c of the
Development Agreement (as set forth in Section 3 of this First Amendment below). The
Amendment Commencement Date does not amend the Effective Date as defined in the
Development Agreement nor does the Amendment Commencement Date modify or change the
“Term” or the “Term Commencement Date.”
“Amendment Effective Date” means the date upon which this First Amendment
is approved by the City Council of the City. The Amendment Effective Date does not amend the
Effective Date as defined in the Development Agreement nor does the Amendment Effective Date
modify or change the “Term” or the “Term Commencement Date.”
“Conditional Use Permit” means Conditional Use Permit No. 2018-05 issued by
the City to Developer pertaining to Developer’s original development of the Project and any
subsequent amendments thereto. In the event that an amendment to the Conditional Use Permit
pertaining to the Suite 130 Site and/or the Suite 150 Site has not been issued to the Developer as
of the Amendment Effective Date, the City hereby reserves its discretion under the police power
to approve, conditionally approve, or deny the issuance of any amendment to the Conditional Use
Permit.
“Original Site” is defined in Recital D.
“Property Owners” is defined in Recital I.
“Site” means the Original Site, the Suite 130 Site and the Suite 150 Site.
“Suite 130 Property Owner” is defined in Recital I.
“Suite 130 Site” is defined in Recital E.
“Suite 150 Property Owner” is defined in Recital I.
“Suite 150 Site” is defined in Recital F.
SECTION 3. REVISIONS TO COMMUNITY BENEFIT FEE
Section 4.2 of the Development Agreement entitled Community Benefit Fee is hereby
amended to add the following subpart c:
c. Increase in Floor Area. The approved Floor Area of the Project
has been increased by the addition of the Suite 130 Site and the Suite 150
Site to the Project as provided in the First Amendment. Upon the issuance
of a modified or new Cannabis Business Permit for the Suite 130 Site and
the Suite 150 Site (the “Amendment Commencement Date”), Developer
shall be obligated to pay the Community Benefits Fee based on the rate then
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in effect multiplied by the sum of the square footage of the Suite 130 Site
and the Suite 150 Site, such sum due to be adjusted pro rata for the
remainder of the year until the next Adjustment Date. Upon the Adjustment
Date following the Amendment Commencement Date, Developer shall
make payment to the City pursuant to Section 4 utilizing the Floor Area of
the Site and the then applicable “per square foot” Community Benefit Fee
in effect on the Adjustment Date and all adjustments thereafter.
(For example and for illustration purposes only, if
Developer’s Community Benefits Fee is $18 per square foot
of Floor Area as of the Amendment Commencement Date
and Suite 130 and Suite 150 add 3,300 square feet to the
Project [and the time between the Amendment
Commencement Date and next Adjustment Date is 180
days], Developer would pay an additional Community
Benefit Fee of $29,700 on the Amendment Commencement
Date [$18 x 3,300 s.f. x 180/360]. Upon the next Adjustment
Date following the Amendment
Commencement Date, the Community Benefit Fee for that
year would be $90,792[$18.72 (adjusted for 4% increase) x
4,850 s.f.].)
SECTION 4. ADDITIONAL PROVISIONS
4.1. Counterparts. This First Amendment may be executed in counterparts,
each of which so executed shall be deemed an original, and such counterparts together shall
constitute but one First Amendment.
4.2. No Other Changes. Except as modified by this First Amendment, the
terms and conditions of the Original Development Agreement, remain in full force and effect and
shall be incorporated as a part of and interpreted as one integrated agreement covering the subjects
included therein. If there are any conflicts between the provisions of this First Amendment and
the original Development Agreement, the provisions of this First Amendment shall control.
4.3. Recordation by City Clerk. Pursuant to Government Code Section 65868.5,
within ten (10) days of execution of this First Amendment by the Parties, the City Clerk shall
record a copy with the Riverside County Recorder. Thereafter, pursuant to Government Code
Section 65868.5, the burdens of the First Amendment shall be binding upon, and the benefits of
the agreement shall inure to, all successors in interest to the Parties to the First Amendment.
[SIGNATURES ON NEXT PAGE]
IN WITNESS WHEREOF, the Parties have executed this First Amendment as of the dates
set forth below.
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“CITY” CITY OF
LAKE
ELSINORE,
a municipal corporation
Date: By:
Mayor
ATTEST:
By:
Candice Alvarez, MMC, City Clerk
APPROVED AS TO FORM:
“DEVELOPER” IE
LICENSING LLC,
a California limited liability company
Date: By:
David Hargett, Manager
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A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF CALIFORNIA )
) §
County of )
On , before me, a
Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct
WITNESS my hand and official seal.
________________________________
Signature of Notary
(Affix seal here)
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A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF CALIFORNIA )
) §
County of )
On , before me, a
Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct
WITNESS my hand and official seal.
________________________________
Signature of Notary
(Affix seal here)
STATE OF CALIFORNIA )
) §
County of )
On , before me, a
Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct
WITNESS my hand and official seal.
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A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
________________________________
Signature of Notary
(Affix seal here)
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Exhibit A – Page 1
EXHIBIT A LEGAL DESCRIPTION
The real property referred to herein is situated in the County of Riverside, City of Lake Elsinore,
State of California, and is described as follows:
Original Site
A CONDOMINIUMS COMPRISING INTEREST IN UNIT C-4, AS SHOWN
ON THE CONDOMINIUM PLAN (“PLAN”) RECORDED ON AUGUST 5,
2003, AS INSTRUMENT NUMBER 2003-592580 IN THE RIVERSIDE
COUNTY OFFICIAL RECORDS AND THE AMENDMENT TO BLUE LAKE
INDUSTRIAL CONDOMINIUM PLAN RECORDED ON MAY 27, 2005 AS
INSTRUMENT NUMBER 2005-0423403 IN THE RIVERSIDE COUNTY
OFFICIAL RECORDS (COLLECTIVELY, THE “PLAN”) AND AS FURTHER
DESCRIBED IN THE DECLARATION OF RESTRICTIONS FOR
INDUSTRIAL CONDOMINIUM OWNERSHIP RECORDED ON AUGUST 5,
2003, AS INSTRUMENT NUMBER 2003-592581 IN THE RIVERSIDE
COUNTY OFFICE RECORDS AND AS AMENDED IN THE FIRST
AMENDMENT OF DECLARATION OF RESTRICTIONS FOR BLUE LAKE
CONDOMINIUM OWNERSHIP RECORDED ON MAY 27, 2005 AS
INSTRUMENT NUMBER 2005-0423404 IN THE RIVERSIDE COUNTY OFFICIAL
RECORDS (COLLECTIVELY, THE “DECLARATION”).
EXCEPTING THEREFROM AND RESERVING EASEMENTS AS DEFINED IN
THE DECLARATION.
FURTHER EXCEPTING THEREFROM ALL NUMBERED CONDOMINIUM
UNITS ON THE PLAN AND DESCRIBED IN THE DECLARATION OTHER
THAN THE UNIT CONVEYED ABOVE AND THE ASSOCIATION
COMMON AREA OR COMMON AREA AS DEFINED IN THE
DECLARATION OR SHOWN ON THE PLAN.
[APN 370-031-018]
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Exhibit A – Page 2
Suite 130 Site
A CONDOMINIUM COMPRISING INTEREST IN UNIT C-3, AS SHOWN ON
THE CONDOMINIUM PLAN (“PLAN”) RECORDED ON AUGUST 5, 2003,
AS INSTRUMENT NUMBER 2003-592580 IN THE RIVERSIDE COUNTY
OFFICIAL RECORDS AND THE AMENDMENT TO BLUE LAKE
INDUSTRIAL CONDOMINIUM PLAN RECORDED ON MAY 27, 2005 AS
INSTRUMENT NUMBER 2005-0423403 IN THE RIVERSIDE COUNTY
OFFICIAL RECORDS (COLLECTIVELY, THE “PLAN”) AND AS FURTHER
DESCRIBED IN THE DECLARATION OF RESTRICTIONS FOR
INDUSTRIAL CONDOMINIUM OWNERSHIP RECORDED ON AUGUST 5,
2003, AS INSTRUMENT NUMBER 2003-592581 IN THE RIVERSIDE
COUNTY OFFICE RECORDS AND AS AMENDED IN THE FIRST
AMENDMENT OF DECLARATION OF RESTRICTIONS FOR BLUE LAKE
CONDOMINIUM OWNERSHIP RECORDED ON MAY 27, 2005 AS
INSTRUMENT NUMBER 2005-0423404 IN THE RIVERSIDE COUNTY OFFICIAL
RECORDS (COLLECTIVELY, THE “DECLARATION”).
EXCEPTING THEREFROM AND RESERVING EASEMENTS AS DEFINED IN
THE DECLARATION.
FURTHER EXCEPTING THEREFROM ALL NUMBERED CONDOMINIUM
UNITS ON THE PLAN AND DESCRIBED IN THE DECLARATION OTHER
THAN THE UNIT CONVEYED ABOVE AND THE ASSOCIATION
COMMON AREA OR COMMON AREA AS DEFINED IN THE
DECLARATION OR SHOWN ON THE PLAN.
[APN 370-031-017]
[CONTINUED ON NEXT PAGE]
Suite 150 Site
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Exhibit A – Page 3
A CONDOMINIUM COMPRISING INTEREST IN UNIT C-3, AS SHOWN ON
THE CONDOMINIUM PLAN (“PLAN”) RECORDED ON AUGUST 5, 2003, AS
INSTRUMENT NUMBER 2003-592580 IN THE RIVERSIDE COUNTY
OFFICIAL RECORDS AND THE AMENDMENT TO BLUE LAKE
INDUSTRIAL CONDOMINIUM PLAN RECORDED ON MAY 27, 2005 AS
INSTRUMENT NUMBER 2005-0423403 IN THE RIVERSIDE COUNTY
OFFICIAL RECORDS (COLLECTIVELY, THE “PLAN”) AND AS FURTHER
DESCRIBED IN THE DECLARATION OF RESTRICTIONS FOR
INDUSTRIAL CONDOMINIUM OWNERSHIP RECORDED ON AUGUST 5,
2003, AS INSTRUMENT NUMBER 2003-592581 IN THE RIVERSIDE
COUNTY OFFICE RECORDS AND AS AMENDED IN THE FIRST
AMENDMENT OF DECLARATION OF RESTRICTIONS FOR BLUE LAKE
CONDOMINIUM OWNERSHIP RECORDED ON MAY 27, 2005 AS
INSTRUMENT NUMBER 2005-0423404 IN THE RIVERSIDE COUNTY OFFICIAL
RECORDS (COLLECTIVELY, THE “DECLARATION”).
EXCEPTING THEREFROM AND RESERVING EASEMENTS AS DEFINED IN
THE DECLARATION.
FURTHER EXCEPTING THEREFROM ALL NUMBERED CONDOMINIUM
UNITS ON THE PLAN AND DESCRIBED IN THE DECLARATION OTHER
THAN THE UNIT CONVEYED ABOVE AND THE ASSOCIATION
COMMON AREA OR COMMON AREA AS DEFINED IN THE
DECLARATION OR SHOWN ON THE PLAN.
[APN 370-031-019]
DocuSign Envelope ID: 9462E3A5-77C7-4C06-8420-D264DCBE30CC
EXHIBIT B
REVISED SITE PLAN
[TO BE INSERTED]
DocuSign Envelope ID: 9462E3A5-77C7-4C06-8420-D264DCBE30CC
Exhibit B – Page 1 EXHIBIT C
REVISED FLOOR PLAN
The Revised Floor Plan is on file as a public record and available for review at the City of Lake
Elsinore’s City Clerk’s Office located 130 South Main Street Lake Elsinore, CA 92530.
DocuSign Envelope ID: 9462E3A5-77C7-4C06-8420-D264DCBE30CC
Exhibit C – Page 1
DocuSign Envelope ID: 9462E3A5-77C7-4C06-8420-D264DCBE30CC
Exhibit D – Page 1
EXHIBIT D PROPERTY OWNERS CONSENT
[ATTACHED]
DocuSign Envelope ID: 9462E3A5-77C7-4C06-8420-D264DCBE30CC
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
Exhibit D – Page 2
PROPERTY OWNER CONSENT
James W. Pruitt, Trustee of the James W. Pruitt Intervivos Trust dated December 12, 1988, being
the owner of certain real property described in Exhibit A (further identified as the “Original Site”
andAPN 370-031-018) to this First Amendment to Development Agreement, dated for
identification only as of March 1, 2020, by and between the City of Lake Elsinore and IE
Licensing LLC (the “First Amendment”), does hereby consent to the recordation of said First
Amendment in the Official Records of the County of Riverside.
JAMES W. PRUITT INTERVIVOS TRUST
DATED DECEMBER 12, 1988
Date: By:
James W. Pruitt, Trustee
[notary required]
DocuSign Envelope ID: 9462E3A5-77C7-4C06-8420-D264DCBE30CC
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
Exhibit D – Page 3
STATE OF CALIFORNIA )
) §
County of )
On , before me, a
Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct
WITNESS my hand and official seal.
________________________________
Signature of Notary
DocuSign Envelope ID: 9462E3A5-77C7-4C06-8420-D264DCBE30CC
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
Exhibit D – Page 4
(Affix seal here)
PROPERTY OWNER CONSENT
IE Real Estate Holding, LLC, a California limited liability company, being the owner of certain
real property described in Exhibit A (further identified as the “Suite 130 Site” and APN 370-031-
017) to this First Amendment to Development Agreement, dated for identification only as of
March 1, 2020, by and between the City of Lake Elsinore and IE Licensing LLC (the “First
Amendment”), does hereby consent to the recordation of said First Amendment in the Official
Records of the County of Riverside.
IE REAL ESTATE HOLDING, LLC, a California
limited liability company
Date: By: Name: Its:
DocuSign Envelope ID: 9462E3A5-77C7-4C06-8420-D264DCBE30CC
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
Exhibit D – Page 5
[notary required]
STATE OF CALIFORNIA )
) §
County of )
On , before me, a
Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct
WITNESS my hand and official seal.
DocuSign Envelope ID: 9462E3A5-77C7-4C06-8420-D264DCBE30CC
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
Exhibit D – Page 6
________________________________
Signature of Notary
(Affix seal here)
PROPERTY OWNER CONSENT
Richard M. Franzo and Kara D. Franzo, Trustees of the Make Good Decisions Trust dated March
8, 2019, being the owner of certain real property described in Exhibit A (further identified as the
“Suite 150 Site” and APN 370-031-019) to this First Amendment to Development Agreement,
dated for identification only as of March 1, 2020, by and between the City of Lake Elsinore and
IE Licensing LLC (the “First Amendment”), does hereby consent to the recordation of said First
Amendment in the Official Records of the County of Riverside.
MAKE GOOD DECISIONS TRUST DATED
MARCH 8, 2019
DocuSign Envelope ID: 9462E3A5-77C7-4C06-8420-D264DCBE30CC
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
Exhibit D – Page 7
Date: By:
Richard M. Franzo, Trustee
Date: By:
Kara D. Franzo, Trustee
[notary required]
STATE OF CALIFORNIA )
) §
County of )
On , before me, a
DocuSign Envelope ID: 9462E3A5-77C7-4C06-8420-D264DCBE30CC
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
Exhibit D – Page 8
Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct
WITNESS my hand and official seal.
________________________________
Signature of Notary
(Affix seal here)
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
DocuSign Envelope ID: 9462E3A5-77C7-4C06-8420-D264DCBE30CC
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
Exhibit D – Page 9
attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF CALIFORNIA )
) §
County of )
On , before me, a
Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct
WITNESS my hand and official seal.
________________________________
DocuSign Envelope ID: 9462E3A5-77C7-4C06-8420-D264DCBE30CC
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
Exhibit D – Page 10
Signature of Notary
(Affix seal here)
DocuSign Envelope ID: 9462E3A5-77C7-4C06-8420-D264DCBE30CC