HomeMy WebLinkAboutResolution 2021-38 CUP 2020-01 Kind Group Ventures
RESOLUTION NO. 2021-38
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
CONDITIONAL USE PERMIT NO. 2020-01 TO INCREASE THE TOTAL AREA
FROM 3,754 SF TO 7,164.46 SF CANNABIS FACILITY WITHIN AN EXISTING
BUILDING LOCATED AT 571 CRANE STREET UNIT H (APN:377-410-032) AND
570 CENTRAL AVENUE UNIT G (APN:377-410-024)
Whereas, Kind Group Ventures, LLC has filed an application with the City of Lake Elsinore
(City) requesting approval of modifications to Development Agreement No. 20 20-01 and
Conditional Use Permit No. 2020-01 that established a 3,754 SF Cannabis Facility within an
existing building (Project). The modified Project will increase the size by 3,410.46 SF for a total
Area of 7,164.46 SF. The total combined facility would include 2,050.1 SF of cultivation area,
1,942 SF of manufacturing space , 800.77 SF of retail dispensary space 1,395 SF of warehouse
and ancillary use space, 559.59 SF of common area and 417 SF of distribution space. The Project
is generally located at the northeast corner of the intersection Crane Street and Collier Avenue
and more specifically referred to as 571 Crane Street Unit H (APN:377-410-032) and 570 Central
Avenue Unit G (APN:377-410-024);
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 consiste nt with
the MSHCP criteria;
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;
Whereas, Section 17.415.070 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;
Whereas, pursuant to Chapter 17.410 (General Application Processing Procedures) of
the LEMC, the Planning Commission (Commission) has been delegated with the responsibility of
making a recommendation to the City Council (Council) since the proposed project includes a
Development Agreement amendment in conjunction with the proposed Conditional Use Permit
modification; and
Whereas, on September 7, 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:
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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.
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 District, 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 in
accordance with LEMC Chapter 17.156 .
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 C ity.
The proposed use will be located within existing buildings in an industrial park. The
proposed use does not propose either directly or indirectly any detrimental effects to the
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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. The proposed project also includes the First Amendment to Development
Agreement 2020-01, which will offset the potential costs incurred by the City associated
with the establishment of a Cannabis related facility within an industrial park.
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 Section 17.415.070.B.1 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 17.415.070 of the LEMC, the Project was considered by the
Commission at a duly noticed Public Hearing on September 7, 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 the proposed modifications to Planning Application No. 2020-84 (Conditional Use Permit
No. 2020-01).
Section 7: This Resolution shall take effect immediately upon its adoption.
Passed and Adopted on this 7th day of September 2021.
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John Gray
Chair
Attest:
___________________________FOR:
Justin Kirk
Assistant Community Development Director
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Justin Kirk, AICP, Assistant Community Development Director of the City of Lake Elsinore,
California, hereby certify that Resolution No. 20 21-38 was adopted by the Planning Commission
of the City of Lake Elsinore, California, at a regular meeting held on September 7, 2021 and that
the same was adopted by the following vote:
AYES: Commissioners Peters and Carroll; and Chair Gray
NOES: Vice Chair Dobler
ABSTAIN:
ABSENT: Commissioner Klaarenbeek
FOR:
Justin Kirk
Assistant Community Development Director
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