HomeMy WebLinkAboutResolution 2021-05 PA 2020-92 & PA 2019-64 Mitigated Negative DelcarationRESOLUTION NO. 2021-05
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, RECOMMENDING ADOPTION OF A MITIGATED
NEGATIVE DECLARATION (ER 2020-05) (SCH NO. 20201010316) FOR
PLANNING APPLICATION NOS. 2020-92 AND 2019-64 (GENERAL PLAN
AMENDMENT NO. 2020-02, ZONE CHANGE NO. 2020-01, TENTATIVE
PARCEL MAP NO. 37958, CONDITIONAL USE PERMIT NO. 2020-09,
COMMERCIAL DESIGN REVIEW NO. 2020-08, AND SPECIFIC PLAN
AMENDMENT NO. 2020-01)
Whereas, Ilan Golcheh, Golcheh Group has filed an application with the City of Lake
Elsinore (City) requesting approval of Planning Application No. 2020-92 (General Plan
Amendment No. 2020-02, Zone Change No. 2020-01, Tentative Parcel Map No. 37958,
Conditional Use Permit No. 2020-09, and Commercial Design Review No. 2020-08) to construct
a commercial project consisting of a 4,650 square foot (s.f.) convenience store, 4,291 s.f. canopy,
38,016 s.f. self-storage facility, 4,456 s.f. drive-thru restaurant, 3,979 s.f. self-serve carwash, 221
parking stalls, and landscaping and related site improvements on a 6.36-acre site. The project is
located at the southwest corner of Lincoln Street and Riverside Drive (APN 379‐111‐014); and,
Whereas, Denise Williams, Tri Pointe Homes has filed an application with the City of Lake
Elsinore (City) requesting approval of Planning Application No. 2019-64 (Specific Plan
Amendment No. 2020-01) requesting a specific plan amendment for the Canyon Hills Specific
Plan to change the land use designation for the 9.02‐acre site from Neighborhood Commercial
(C‐1) to Multifamily 2 Residential District (MF2). The project site is located at the northeast corner
of the intersection of Railroad Canyon Road and Tassel Way (APN: 363-940-011); 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. 2020-
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 January 27, 2021, 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 27,
2021, and ending on February 26, 2021; and,
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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 March 16, 2021 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 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 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 MND
(ER 2020-04) and the MMRP for Planning Application No. 2020-92 (General Plan Amendment
No. 2020-02, Zone Change No. 2020-01, Tentative Parcel Map No. 37958, Conditional Use
Permit No. 2020-09, and Commercial Design Review No. 2020-08) and Planning Application No.
2019-64 (Specific Plan Amendment No. 2020-01).
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, on the 16th day of March 2021.
_____________________________
John Gray
Vice Chair
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. 2021-05 was adopted by the Planning Commission of the City
of Lake Elsinore, California, at a regular meeting held on March 16, 2021 and that the same was
adopted by the following vote:
AYES: Commissioners Carroll, Dobler and Peters; and Vice Chair Gray
NOES: None
ABSENT: Chair Klaarenbeek
ABSTAIN: None
Justin Kirk,
Assistant Community Development Director
FOR:
FOR:
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