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HomeMy WebLinkAbout2022-004 Planning Application No. 2021-29 (Fairway Business Park Phase III) - AddendumRESOLUTION NO. 2022-4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING ADDENDUM NO. 1 TO THE FAIRWAY BUSINESS PARK (SCH NO. 2007071157) Whereas, Fairway Commercial Partners, Inc., has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2021-29 (Tentative Parcel Map No. 38341 and Industrial Design Review No. 2021-05) to subdivide 8.79 acres into six (6) parcels ranging in size from 0.76 acres to 2.49 acres and to develop six (6) industrial buildings ranging in size from 12,000 sq. ft. to 42,000 sq. ft. (149,500 sq. ft. total) along with 254 parking spaces and related improvements on the same property (Project). The Project is located on the northwesterly side of Chaney Street and southwesterly of Minthorn Street, at the southerly end of Birch Street (APNs: 377-140-28, 377-140-29, 377-140-30, 377-140-35 & 377-140-44); 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, the City prepared a Mitigated Negative Declaration No. 2007-05 (SCH # 2007071157) to address the potential environmental impacts of TTM 33725 pursuant to CEQA, the CEQA Guidelines and the City’s Procedures for Implementing the CEQA Guidelines and its other procedures relating to environmental evaluation of public and private projects; and, Whereas, on November 27, 2007, the City Council (Council) approved the Mitigated Negative Declaration No. 2007-05 (SCH# 2007071157) and its Mitigation Monitoring and Reporting Program (MMRP); and, Whereas, the potential environmental impacts of the revised project were evaluated in the approved MND; and, Whereas, an Initial Study/Addendum to Mitigated Negative Declaration No. 2007-05 (SCH # 2007071157) was prepared to provide an evaluation of potential site-specific environmental effects that could result from the proposed modifications to the project, compared those effects to what was disclosed by the MND and concluded that the significant effects that would result from the project have been addressed in the earlier approved MND; and, Whereas, pursuant to CEQA Guidelines Section 15164, the Initial Study/Addendum provides some changes and additions to the approved MND and therefore constitutes Addendum No. 1 to MND No. 2007-05; and, Whereas, on December 14, 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: DocuSign Envelope ID: 99A822FB-E492-45E6-A521-E1F3BCD9AB09 CC Reso. No. 2022-4 Page 2 of 3 Section 1: The Council, based upon a thorough review of the proposed Addendum No. 1 to MND No. 2007-05 (SCH # 2007071157) and the evidence received to date, does determine as follows: 1. In accordance with CEQA Guidelines Section 15162, the proposed project does not present substantial changes or reveal new information that would require subsequent or supplemental MND analysis. However, some changes or additions to the information contained in the adopted MND is necessary in order to approve the modifications to the proposed project. Pursuant to CEQA Guidelines Section 15164, an Initial Study/Addendum to MND No 2007-05 (SCH # 2007071157) was prepared to provide an evaluation of potential site-specific environmental effects that could result from the proposed modifications to the project, compared those effects to what was disclosed by the MND and concluded that the significant effects that would result from the Project have been addressed in the earlier approved MND. 2. That Addendum No. 1 was prepared in compliance with the requirements of CEQA and the CEQA Guidelines. 3. That, based upon the evidence submitted and as demonstrated by the analysis included in the Addendum No 1, none of the conditions described in Sections 15162 or 15163 of the CEQA Guidelines calling for the preparation of a subsequent or supplemental Environmental Impact Report or Negative Declaration have occurred; specifically: a. There have not been any substantial changes with respect to the circumstances under which the proposed Project is undertaken that require major revisions of the CEQA documents due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or b. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time MND No. 2006-04 (SCH No. 2006071012) was adopted, that shows any of the following: i. The project will have one or more significant effects not discussed in MND 2007- 05 (SCH # 2007071157); ii. Significant effects previously examined will be substantially more severe than shown in MND No. 2007-05 (SCH # 2007071157); iii. Mitigation measures or alternatives which are considerably different from those analyzed in MND No. 2007-05 (SCH # 2007071157) would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. Section 2: The Council has evaluated all comments, written and oral, received from persons who have reviewed Addendum No. 1 to MND No. 2007-05 (SCH # 2007071157). The Council hereby finds and determines that all public comments have been addressed. Section 3: The Council hereby finds that Addendum No. 1 to MND No. 2007-05 (SCH # 2007071157) for the project is adequate and has been completed in accordance with CEQA Guidelines, and the City’s procedures for implementation of CEQA. DocuSign Envelope ID: 99A822FB-E492-45E6-A521-E1F3BCD9AB09 CC Reso. No. 2022-4 Page 3 of 3 Section 4: Based upon the evidence presented, the above findings, the Council hereby adopts Addendum No. 1 to MND No. 2007-05 (SCH # 2007071157) for Fairway Business Park Phase III. Section 5: This Resolution shall take effect immediately upon its adoption. Section 6: 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 11th day of January 2022. Timothy J. Sheridan 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. 2022-4 was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of January 11, 2022 and that the same was adopted by the following vote: AYES: Council Members Magee, and Tisdale; Mayor Pro Tem Johnson; and Mayor Sheridan NOES: None ABSENT: Council Member Manos ABSTAIN: None Candice Alvarez, MMC City Clerk DocuSign Envelope ID: 99A822FB-E492-45E6-A521-E1F3BCD9AB09