HomeMy WebLinkAboutResolution 2021-53 ER 2020-03 and SCH NO. 2020080538, PA 2019-34, Tentative Tract Map 37922; CUP 2019-19, CDR 2019-27
RESOLUTION NO. 2021-53
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE, CALIFORNIA, CERTIFY THE ENVIRONMENTAL
IMPACT REPORT (ER 2020-03) (SCH NO. 2020080538) FOR PLANNING
APPLICATION NO. 2019-34 (TENTATIVE TRACT MAP NO. 37922, CONDITIONAL
USE PERMIT NO. 2019-19, AND COMMERCIAL DESIGN REVIEW NO. 2019-27)
Whereas, Danny Singh, Tiger Petroleum, Inc. has filed an application with the City of
Lake Elsinore (City) requesting approval of Planning Application No. 2019 -34 (Tentative Tract
Map No. 37922, Conditional Use Permit No. CUP 2019 -19, and Commercial Design Review No.
2019-27) to develop an approximately 32,695 square foot (SF) commercial re tail center on 6.07
acres of land (Project). The Project proposes to subdivide the site into six (6) lots ranging in size
from 0.66 acres to 1.10 acres. The remaining 0.44 -acre portion of the site will be dedicated for
road right-of-way purposes. The Project also proposes to construct a 3,400 SF convenience store
with an attached 1,525 SF Quick-Serve Restaurant, 4,089 SF gas fueling canopy, a 3,150 SF
express car wash, two (2) 4,850 SF retail buildings, a 3,320 SF drive -thru restaurant with an
attached 1,600 SF retail building, and a 2,520 SF drive -thru restaurant with an attached 2,400 SF
retail building with 170 parking spaces, landscaping, and related site improvements. The Project
is located at the northwest corner of Mountain Street and Lake Street (APN s: 389-030-012, 013,
014, 015, 016, 017, and 018);
Whereas, the City prepared a Draft Environmental Impact Report (EIR) (SCH No.
2020080538) on the Project pursuant to the California Environmental Quality Act (California
Public Resources Code Sections 21000 et seq.: “CEQA”), the State Guidelines for
Implementation of the California Environmental Quality Act (California Code of Regulations,
Sections 15000 et seq.: the “State CEQA Guidelines”), and the City’s Procedures for
Implementing the State CEQA Guidelines and its other procedures relating to environmen tal
evaluation of public and private projects;
Whereas, the City transmitted for filing a Notice of Preparation of the Draft EIR on August
28, 2020 in accordance with the CEQA Guidelines, for distribution to those agencies which have
jurisdiction by law with respect to the Project and to other interested person s and agencies, and
sought the comments of such persons and agencies;
Whereas, pursuant to CEQA Guidelines, Section 15082(c)(1), on September 17, 2020,
the City held a duly noticed scoping meeting in order to facilitate consultation regarding the scope
and content of the environmental information in the Draft EIR;
Whereas, the City transmitted for filing a Notice of Availability/Notice of Completion of a
DEIR and in accordance with the State CEQA Guidelines forwarded the DEIR to the State
Clearinghouse, for distribution to those agencies which have jurisdiction by law with respect to
the Project, and to other interested persons and agencies, and sought the comments of such
persons and agencies; and,
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Whereas, the State Clearinghouse posted the DEIR for a 45 -day public comment period
which ran from July 2, 2021 to August 16, 2021;
Whereas, notice to all interested persons and agencies inviting comments on the Draft
EIR was published in accordance with the provisions of CEQA and the State CEQA Guidelines
and the Lake Elsinore Municipal Code and posted at the Office of the County Clerk of Ri verside
County on July 2, 2021. A total of 25 comment letters and e -mails were received during the 45day
public comment period. Reponses to comments were prepared and have been provided in
Chapter 3 (Response to Comments) of the Draft Final EIR document. T here were no public
comments or changes to the text or analysis contained in the DEIR that resulted in the
identification of any new significant environmental effect or a substantial increase in the severity
of environmental effects that were disclosed in the DEIR. Therefore, in accordance with Section
15088.5 of the CEQA Guidelines a recirculation of the DEIR is not warranted;
Whereas, all actions required to be taken by applicable law related to the preparation,
circulation, and review of the DEIR have been taken;
Whereas, the Planning Commission (Commission) has been delegated with the
responsibility of making recommendations to the City Council (Council) for certifying EIRs, and,
Whereas, the DEIR was sent to the Commission members on or about July 2, 2021, and
was considered by the Commission on December 21, 2021 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 DEIR.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE DOES HEREBY RESOLVE, DETERMINE AND AS FOLLOWS:
Section 1: The Commission has considered and evaluated all written and oral staff
reports and comments received from persons who have reviewed the Draft EIR, the comments
submitted on the Draft EIR; the public testimony, and such other matters as are reflected in th e
record of the public hearing on the Project and the Draft EIR.
Section 2: The Commission hereby recommends to the Council that the EIR for the
Project is adequate and has been completed in compliance with CEQA, the State CEQA
Guidelines, and local procedures adopted by the City pursuant thereto. The Commission has
reviewed and considered the information contained in the Draft Final EIR and finds that the Draft
Final EIR represents the independent judgment of the City.
Section 3: Based upon all of the evidence presented and the above findings, the
Commission hereby recommends the Council certify the EIR for the Project.
Section 4: This Resolution shall take effect immediately upon its adoption.
Passed and Adopted on this 21st day of December, 2021.
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John Gray
Chair
Attest:
__________________________FOR:
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 -53 was adopted by the Planning Commission of the City
of Lake Elsinore, California, at a regular meeting held on December 21, 2021 and that the same
was adopted by the following vote:
AYES: Commissioners Peters, Carrol and Klaarenbeek; Vice Chair Dobler; and Chair Gray
NOES:
ABSTAIN:
ABSENT:
FOR:
Justin Kirk
Assistant Community Development Director
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