HomeMy WebLinkAboutResolution 2021-37 First Amendment to Development Agreement 2020-01, APN 377-410-032 and APN 377-410-024RESOLUTION NO. 2021-37
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 THE FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT 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 UNIT H (APN:377-410-032) and 570 CENTRAL 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. 2020-01 (Exhibit A) 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 and Collier and more
specifically referred to as 571 Crane Unit H (APN:377-410-032) and 570 Central Unit G (APN:377-
410-024); 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 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:
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
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buildings 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
19.12.70 (Planning Commission report) of the LEMC, the Commission makes the following
findings regarding modifications to Development Agreement No. 2020-01:
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 modifications to the 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 modifications to the 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.
The proposed modifications to an existing Cannabis 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.
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The proposed Development Agreement will facilitate the expansion of an existing
Cannabis facility within existing buildings. 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 modifications to Development Agreement No. 2020-01.
Section 6: This Resolution shall take effect immediately upon its adoption.
Passed and Adopted on this 7th day of September 2021.
John Gray
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, AICP, Assistant Community Development Director of the City of Lake Elsinore,
California, hereby certify that Resolution No. 2021-37 was adopted by the Planning Commission
of the City of Lake Elsinore, California, at a regular meeting held on the 7th day of September,
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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