Application No. 20-24, Left Mendota I, LLC Commercial Cannabis Project

Summary

SCH Number
2023040257
Public Agency
City of Mendota
Document Title
Application No. 20-24, Left Mendota I, LLC Commercial Cannabis Project
Document Type
NOE - Notice of Exemption
Received
Posted
4/11/2023
Document Description
The City of Mendota City Council has twice amended a development agreement with Left Mendota I, LLC to authorize various commercial cannabis operations at an existing facility. The first amendment to the development agreement was dated February 9, 2021 and recorded on March 30, 2021 and authorized the Applicant to partake in a variety of activities, for which the City would receive certain public benefit fees. The second amendment to the development agreement was dated November 9, 2021 and recorded on April 13, 2023. It contained clarifying language about public benefit fees and added "microbusiness" as a permissible activity at the site.

Contact Information

Name
Jeffrey O'Neal
Agency Name
City of Mendota
Job Title
City Planner
Contact Types
Lead/Public Agency

Location

Cities
Mendota
Counties
Fresno
Regions
Citywide
Parcel #
013-280-15 & 22S
Other Location Info
1269 Marie Street, Mendota, CA; Fresno Co

Notice of Exemption

Exempt Status
Categorical Exemption
Type, Section or Code
15301, Existing Facilities
Reasons for Exemption
The first amendment to the development agreement was found to be exempt under CEQA Guidelines Section 1 5061(b)(3). The amended agreement changed the second (private) party from Marie Street Development, LLC to Left Mendota I, LLC, authorized the addition of greenhouses along with the existing structures, and added delivery services as permissible activities. As it only authorized minor facilities improvements and administrative changes, the City Council found that the amended agreement did not have the potential to have a significant environmental effect and that it was exempt from further review. The development agreement as enacted and previously amended already identified several permissible uses and established the types of State-licensed cannabis operations that the City could allow to operate at the site. This second amendment to the development agreement does not contemplate or approve any physical expansion or new construction; it consists of a minor expansion to an existing operation on the project site vis-a-vis addition of the “microbusiness" category of commercial cannabis operation in addition to other, previously-approved commercial cannabis operations. CEQA Guidelines Section 15301, Existing Facilities, applies to “operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use." The Mendota City Council has determined that the addition of “microbusinesses" does not constitute a substantial expansion of the existing permitted uses, that it constitutes a minor and incremental change to activities already occurring on the site, that all facilities were approved under previous/historical entitlements, and that no new structures or physical improvements are proposed. The City Council finds the project exempt consistent with CEQA Guidelines Section 15301.

Exempt Status
Statutory Exemption
Type, Section or Code
15061(b)(3), “Common Sense Exemption”
Reasons for Exemption
The first amendment to the development agreement was found to be exempt under CEQA Guidelines Section 1 5061(b)(3). The amended agreement changed the second (private) party from Marie Street Development, LLC to Left Mendota I, LLC, authorized the addition of greenhouses along with the existing structures, and added delivery services as permissible activities. As it only authorized minor facilities improvements and administrative changes, the City Council found that the amended agreement did not have the potential to have a significant environmental effect and that it was exempt from further review. The development agreement as enacted and previously amended already identified several permissible uses and established the types of State-licensed cannabis operations that the City could allow to operate at the site. This second amendment to the development agreement does not contemplate or approve any physical expansion or new construction; it consists of a minor expansion to an existing operation on the project site vis-a-vis addition of the “microbusiness" category of commercial cannabis operation in addition to other, previously-approved commercial cannabis operations. CEQA Guidelines Section 15301, Existing Facilities, applies to “operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use." The Mendota City Council has determined that the addition of “microbusinesses" does not constitute a substantial expansion of the existing permitted uses, that it constitutes a minor and incremental change to activities already occurring on the site, that all facilities were approved under previous/historical entitlements, and that no new structures or physical improvements are proposed. The City Council finds the project exempt consistent with CEQA Guidelines Section 15301.
County Clerk
Fresno

Attachments

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