HomeMy WebLinkAboutPC Reso 2023-11 PA 2021-34 (Evergreen) TPM 38195 & 38281 Mitigated Negative Declaration (ER-2021-05) Commercial CenterRESOLUTION NO. 2023-11
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, RECOMMENDING ADOPTION OF A MITIGATED
NEGATIVE DECLARATION (ER 2021-05) (SCH NO. 2022090133) FOR PLANNING
APPLICATION NO. 2021-34 (TENTATIVE PARCEL MAP NOS. 38195 AND 38281,
CONDITIONAL USE PERMIT NOS. 2021-09, 2021-10, 2021-11, AND 2021-12,
COMMERCIAL DESIGN REVIEW NO. 2021-17, PUBLIC CONVENIENCE AND
NECESSITY NOS. 2021-01 AND 2021-02, AND UNIFORM SIGN PROGRAM NO.
2021-35)
Whereas, Karen Levitt Ortiz, Evergreen Devco, Inc. has filed an application with the City
of Lake Elsinore (City) requesting approval of Planning Application No. 2021-34 which includes
the construction of a 57,254 square foot (SF) commercial center that consists of an anchor grocery
store, two quick-serve drive-through restaurants, a gas station with a convenience store, and a
separate drive-through car wash with 369 parking spaces, which would be constructed in two
phases over a total of 8.863 gross acres (Project). Tentative Parcel Map No. 38195 would include
a subdivision of the 8.863 gross acre site into four (4) lots ranging in size from 1.10 to 4.62 gross
acres and Tentative Parcel Map No. 38281 would include a subdivision of the 8.863 gross acre
site into five (5) lots ranging in size from 1.03 to 3.59 gross acres. Conditional Use Permit No.
2021-09 would establish a 4,116 SF Car Wash on Lot 1, Conditional Use Permit No. 2021-10
would establish a 3,000 SF Quick-service Restaurant with a drive-through lane on Lot 2,
Conditional Use Permit No. 2021-11 and Public Convenience & Necessity No. 2021-01 would
establish a gas station and the 4,088 SF convenience store with concurrent sale of beer and wine
for off-site consumption (Type 20 ABC) on Lot 3, Public Convenience & Necessity No. 2021-02
includes a PCN finding for the 43,050 SF grocery store for the sale of beer, wine, and distilled
spirits for off-site consumption (Type 21 and 86 ABC) on Lot 4, and Conditional Use Permit No.
2021-12 would establish a the 3,000 SF Quick-service Restaurant with a drive-through lane on
Lot 5. Commercial Design Review No. 2021-17 provides a comprehensive design review for the
entire Project site that includes architectural elevations, on-site stormwater management
improvements, lighting, walls and fencing, parking and landscaping. Uniform Sign Program
(SIGN) No. 2021-35 proposes to establish a uniform sign program that creates an integrated
framework for all the signage within the center; and,
Whereas, the Project is located on Central Avenue/State Route 74 (SR-74) east of the
intersection with Cambern Avenue (APNs: 377-020-014, 377-020-016, 377-020-017, 377-020-
018, and 377-020-019); 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,
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Whereas, based upon the results of the Initial Study (Environmental Review No. 2021-
05), 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 September 12, 2022, 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 September 12,
2022, and ending on October 12, 2022; 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,
Whereas, on October 18, 2022, November 15, 2022, and April 4, 2023, 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 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 Commission has evaluated all comments, written and oral, received from
persons who have reviewed the MND. The Commission hereby finds and determines that all
public comments have been addressed.
Section 3: The Commission 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; and recommends to the Council that it make the same finding. The
Commission 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 Commission 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 Commission 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.
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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.
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 6: Based upon the evidence presented, the above findings, and the conditions of
approval imposed upon the Project, the Commission recommends that the Council adopt the
MND (ER 2021-05) and the MMRP, which is attached hereto as Exhibit “A,” for Planning
Application No. 2021-34 (Tentative Parcel Map (TPM) No. 38195, TPM No. 38281, a Conditional
Use Permit (CUP) No. 2021-09, CUP No. 2021-10, CUP No. 2021-11, CUP No. 2021-12, a
Commercial Design Review (CDR) No. 2021-17, Public Convenience & Necessity (PCN) No.
2021-01, PCN No. 2021-02, and Uniform Sign Program (SIGN) No. 2021-35).
Section 7: This Resolution shall take effect immediately upon its adoption.
Passed and Adopted at a regular meeting of the Planning Commission of the City of Lake
Elsinore, California, this 4th day of April, 2023.
Matthew Dobler, Chairman
Attest:
___________________________________
Damaris Abraham,
Interim Asst. Community Development Director
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Damaris Abraham, Interim Asst. Community Development Director of the City of Lake Elsinore,
California, hereby certify that Resolution No. 2023-11 was adopted by the Planning Commission
of the City of Lake Elsinore, California, at a regular meeting held April 4, 2023 and that the same
was adopted by the following vote:
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AYES: Commissioners Peters and Gray; Vice Chair Carroll; Chair Dobler
NOES:
ABSTAIN:
ABSENT: Commissioner Klaarenbeek
Damaris Abraham,
Interim Asst. Community Development Director
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