HomeMy WebLinkAboutCC Reso No 2020-027 Planning Application 2018-49 Mitigated Negative DeclarationRESOLUTION NO. 2020-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION (ER 2019-03)
(SCH NO. 2019129075) FOR PLANNING APPLICATION NO. 2018-49 (TENTATIVE
PARCEL MAP NO. 37710 AND INDUSTRIAL DESIGN REVIEW NO. 2019-01)
Whereas, Rod Oshita, Pennington Industrial, LLC has filed an application with the City of Lake
Elsinore (City) requesting approval of Planning Application No. 2018-49 (Tentative Parcel Map
No. 37710 and Industrial Design Review No. 2019-01) to subdivide the 5.01 gross acre site into
three (3) parcels that are 1.06 acres, 1.72 acres, and 2.01 acres, respectively. The Project also
proposes to construct three (3) industrial buildings that are 91,140 square foot (SF) in total with
167 parking spaces. Building 1 will have 32,940 SF gross floor area, Building 2 will have 39,000
SF gross floor area, and Building 3 will have 19,200 SF gloss floor area. Each building will consist
of a planned open warehouse with truck access doors and a planned office area with mezzanine
level. Hardscape, landscape, on-site stormwater management improvements, trash enclosure,
and area lighting would be constructed as part of the Project. The proposed Project is at the
southeasterly corner of Chaney Street and Minthorn Street (APN: 377-160-014); and,
Whereas, the Project is subject to the provisions of the California Environmental Quality Act
(Public Resources Code §§ 21000, et seq.: “CEQA”) and the State Implementation Guidelines
for CEQA (14 California Code of Regulations Sections 15000, et seq.: “CEQA Guidelines”)
because the Project involves an activity which may cause either a direct physical change in the
environment, or a reasonably foreseeable indirect physical change in the environment, and
involves the issuance of a lease, permit license, certificate, or other entitlement for use by one or
more public agencies (Public Resources Code Section 21065); and,
Whereas, pursuant to CEQA Guidelines Section 15063, the City conducted an Initial Study to
determine if the Project would have a significant effect on the environment. The Initial Study
revealed that the Project would have potentially significant environmental impacts but those
potentially significant impacts could be mitigated to less than significant levels; and,
Whereas, based upon the results of the Initial Study (Environmental Review No. 2019-03), and
based upon the standards set forth in CEQA Guidelines Section 15070, it was determined that it
was appropriate to prepare and circulate a Mitigated Negative Declaration (MND) for the Project;
and,
Whereas, pursuant to CEQA Guidelines Section 15072, on December 23, 2019, the City duly
issued a notice of intent to adopt the MND; and,
Whereas, in accordance with CEQA Guidelines Section 15073, the MND was made available for
public review and comment for a minimum of 30 days beginning on December 23, 2019, and
ending on January 21, 2020; and,
Whereas, a Mitigation Monitoring and Reporting Program (MMRP) for the Project has been
prepared in accordance with Section 21081.6 of CEQA; and,
Whereas, the Planning Commission (Commission) has been delegated with the responsibility of
making recommendations to the City Council (Council) for adopting MNDs, and,
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Whereas, the MND was sent to the Commission members on or about December 23, 2019, and
was considered by the Commission on February 18, 2020 at a duly noticed Public Hearing and
the Commission has considered evidence presented by the Community Development
Department and other interested parties on the adequacy of the MND. The Commission adopted
a resolution recommending that the Council adopt the MND for the Project; and,
Whereas, on April 28, 2020, at a duly noticed Public Hearing, the Council has considered the
recommendation of the Commission as well as evidence presented by the Community
Development Department and other interested parties with respect to this item.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1: The foregoing recitals are true and correct and are hereby incorporated into these
findings by this reference.
Section 2: The Council has evaluated all comments, written and oral, received from persons who
have reviewed the MND. The Council hereby finds and determines that all public comments have
been addressed.
Section 3: The Council hereby finds that the MND for the Project is adequate and has been
completed in accordance with the CEQA Guidelines and the City’s procedures for implementation
of CEQA. The Council has reviewed and considered the information contained in the MND and
finds that the MND represents the independent judgment of the City.
Section 4: The Council further finds and determines that none of the circumstances listed in
CEQA Guidelines Section 15073.5 requiring recirculation of the MND are present and that it would
be appropriate to recommend adoption the MND as proposed to the Council.
Section 5: The Council hereby makes, adopts, and incorporates the following findings regarding
the lack of potential environmental impacts of the Project and the analysis and conclusions set
forth in the MND:
1. Revisions in the Project plans or proposals made by or agreed to by the applicant before a
Mitigated Negative Declaration and Initial Study was released for public review and
mitigation measures set forth in the Initial Study would avoid the effects or mitigate the
effects to a point where clearly no significant effects would occur.
Based upon the Initial Study conducted for the Project, there is substantial evidence
suggesting that all potential impacts to the environment resulting from the Project can be
mitigated to less than significant levels. All appropriate and feasible mitigation has been
incorporated into the Project design. The Mitigation Monitoring and Reporting Plan contains
an implementation program for each mitigation measure. After implementation of the
mitigation contained in the MMRP, potential environmental impacts are effectively reduced
to less than significant levels.
2. There is no substantial evidence, in the light of the whole record before the agency including
the initial study and any comments received, that there is no substantial evidence that the
Project will have significant effect on the environment.
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Pursuant to the evidence received, including comment letters, and in the light of the whole
record presented, the Project will not have a significant effect on the environment.
Section 7: Based upon the evidence presented, the above findings, and the conditions of
approval imposed upon the Project, the Council hereby adopts MND (ER 2019-03) and the
MMRP, which is attached hereto as Exhibit “A1”, for Planning Application No. 2018-49 (Tentative
Parcel Map No. 37710 and Industrial Design Review No. 2019-01).
Section 8: This Resolution shall take effect immediately upon its adoption.
Section 9: The City Clerk shall certify to the adoption of this Resolution and enter it into the book
of original Resolutions.
Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore,
California, this 28th day of April 2020.
Brian Tisdale
Mayor Attest:
Candice Alvarez, MMC
City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC City Clerk of the City of Lake Elsinore, California, do hereby certify that
Resolution No. 2020-27 was adopted by the City Council of the City of Lake Elsinore, California,
at the Regular meeting of April 28, 2020 and that the same was adopted by the following vote:
AYES: Council Members Johnson, and Sheridan; Mayor Pro-Tem Magee; and Mayor
Tisdale
NOES: None
ABSENT: Council Member Manos
ABSTAIN: None
Candice Alvarez, MMC
City Clerk
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