HomeMy WebLinkAboutPA 2018-78 - Exhibit A CEQA Resolution (1)RESOLUTION NO. 2020-__
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, RECOMMENDING ADOPTION OF A MITIGATED
NEGATIVE DECLARATION (ER 2019-02) (SCH NO. 2020010164) FOR PLANNING
APPLICATION NO. 2018-78 (TENTATIVE PARCEL MAP NO. 37550,
CONDITIONAL USE PERMIT NO. 2018-22 AND COMMERCIAL DESIGN REVIEW
NO. 2018-16)
Whereas, Roland Clark, Lake Street Properties, LP has filed an application with the City of Lake
Elsinore (City) requesting approval of Planning Application No. 2018-78 (Tentative Parcel Map
No. 37550, Conditional Use Permit No. 2018-22, and Commercial Design Review No. 2018-16)
to subdivide the 14.44-acre site into four (4) parcels ranging in size from 0.54 acres to 11.65
acres. The Project also proposes to construct a 3,528 square foot (SF) convenience store, one
(1) covered fuel canopy with six (6) fuel pumps, which could serve 12 vehicles, and two (2)
underground storage tanks on Parcel 1. An 80,000 SF, single-story indoor recreational vehicle
(RV) and boat storage facility, with 24,000 SF of mezzanine and 192 surface RV parking spaces
partially covered with three (3) canopies with solar panels is proposed on Parcel 2. Parcel 3 will
have a 14-stall parking lot with vehicle access. No development is proposed on Parcel 4.
Hardscape, landscape, on-site stormwater management improvements, monument sign, a trash
enclosure, area lighting, and bicycle parking would be constructed as part of the Proposed
Project. The proposed Project is located at the southeasterly corner of Interstate-15 and Lake
Street (APN 390-130-018); 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. 2019-02), 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 January 14, 2020, 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 January 14, 2020, and ending
on February 12, 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,
PC Reso. No. 2020-____
Page 2 of 3
Whereas, pursuant to Lake Elsinore Municipal Code (LEMC) Section 17.415.070 (Conditional
Use Permits), Section 17.415.050 (Major Design Review), and Chapter 16.24 (Tentative Map) the
Planning Commission (Commission) has been delegated with the responsibility of making
recommendations to the City Council (Council) pertaining to tentative maps, conditional use
permits, and design review applications; and,
Whereas, on February 18, 2020 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.
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 substant ial evidence that the
Project will have significant effect on the environment.
PC Reso. No. 2020-____
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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 Commission recommends that the Council adopt MND
(ER 2019-02) and the MMRP for Planning Application No. 2018-78 (Tentative Parcel Map No.
37550, Conditional Use Permit No. 2018-22, and Commercial Design Review No. 2018-16).
Section 8: This Resolution shall take effect immediately upon its adoption.
Passed and Adopted on this 18th day of February, 2020.
Michael Carroll, Chairman
Attest:
___________________________________
Justin Kirk,
Assistant Community Development Director
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Justin Kirk, Assistant Community Development Director of the City of Lake Elsinore, California,
hereby certify that Resolution No. 2020-__ was adopted by the Planning Commission of the City
of Lake Elsinore, California, at a regular meeting held on the 18th day of February, 2020 and that
the same was adopted by the following vote:
AYES
NOES:
ABSTAIN:
ABSENT:
Justin Kirk,
Assistant Community Development Director