Loading...
HomeMy WebLinkAboutResolution 2020-43 DA 2019-03 Cannabis Facility 18990 Spring Street Rahman & Associates (1) RESOLUTION NO. 2020-43 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 DEVELOPMENT AGREEMENT NO. 2019-03 TO ESTABLISH A 17,037 SF CANNABIS FACILITY LOCATED AT 18990 SPRING ST. (APN:377-220-024) 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). 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 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: 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 building and does not include any earth disturbing activities therefore Sections 6.1.2 or 6.3.1 of the MSHCP are not applicable. DocuSign Envelope ID: 15F7E49E-012F-4D07-A050-312B27CAB161 PC Reso. No. 2020-43 Page 2 of 5 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 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 building 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. 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 DocuSign Envelope ID: 15F7E49E-012F-4D07-A050-312B27CAB161 PC Reso. No. 2020-43 Page 3 of 5 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 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. 2019-03: 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 a newly constructed 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. The proposed newly constructed buildings have been designed in a manner consistent with 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. 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 a new building. The proposed Project has been reviewed and DocuSign Envelope ID: 15F7E49E-012F-4D07-A050-312B27CAB161 PC Reso. No. 2020-43 Page 4 of 5 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 a new 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 existing nearby 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. 2019-03. 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 2nd day of June 2020. Michael Carroll Chair Attest: ___________________________________ Justin Kirk, Assistant Community Development Director For: DocuSign Envelope ID: 15F7E49E-012F-4D07-A050-312B27CAB161 PC Reso. No. 2020-43 Page 5 of 5 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. 2020-43 was adopted by the Planning Commission of the City of Lake Elsinore, California, at a regular meeting held on the 2nd day of June 2020, and that the same was adopted by the following vote: AYES: Commissioner Armit, Gray, and Ross; Vice Chair Klaarenbeek; and Chair Carroll NOES: None ABSENT: None ABSTAIN: None Justin Kirk Assistant Community Development Director For: DocuSign Envelope ID: 15F7E49E-012F-4D07-A050-312B27CAB161