HomeMy WebLinkAboutResolution 2020-52 CUP 2019-21 Establishing Cannabis Facility 31875 Corydon Suite 140
RESOLUTION NO. 2020-52
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, RECOMENDING TO THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, APPROVAL OF CONDITIONAL USE
PERMIT NO. 2019-21 TO ESTABLISH A 5,369 SF CANNABIS FACILITY AT 31875
CORYDON SUITE 140 (APN:370-051-010)
Whereas, Vista Prime Management, LLC has filed an application with the City of Lake Elsinore
(City) requesting approval of Planning Application No. 2019-78 to establish a 5,369 SF cannabis
facility located within an existing building (Project). The Project is generally located at the
northeast corner of the intersection Cereal and Corydon and more specifically referred to as 31875
Corydon Suite 140 (APN:370-051-010); 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:
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 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 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 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 March 17, 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 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:
________________________________For:
Justin Kirk,
Assistant Community Development Director
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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. 2020-52 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; and Chair Carroll
NOES: Vice Chair Klaarenbeek
ABSENT: None
ABSTAIN: None
For:
Justin Kirk,
Assistant Community Development Director
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