HomeMy WebLinkAboutAttachment 1 - CEQA ResolutionRESOLUTION NO. 2025-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION (ER 2025-02) (SCH NO. 2025090173) FOR PLANNING APPLICATION NO. 2021-19
(GENERAL PLAN AMENDMENT NO. 2022-01, ZONE CHANGE NO. 2022-02, CONDITIONAL USE PERMIT NO. 2022-17, COMMERCIAL DESIGN REVIEW NO. 2022-12, AND VARIANCE NO. 2025-08)
Whereas, Guy Selleck, G.E.M. Investments, LLC has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2021-19 (General Plan Amendment
No. 2022-01, Zone Change No. 2022-02, Conditional Use Permit No. 2022-17, Commercial Design Review No. 2022-12, and Variance No. 2025-08) to develop the 6.77-acre vacant site in two
(2) phases with two (2) new two-story commercial manufacturing warehouse buildings totaling 92,760 square feet. Each building is proposed to be approximately 46,000 square feet and
would include mezzanines, offices, and loading docks. The project is located on Grand Avenue and Kathryn Way and includes Assessor Parcel Number 371-150-017;
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);
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;
Whereas, based upon the results of the Initial Study (Environmental Review No. 2025-02), 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;
Whereas, pursuant to CEQA Guidelines Section 15072, on September 5, 2025, the City duly issued a notice of intent to adopt the MND;
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 September 5, 2025, and ending
on October 6, 2025;
Whereas, a Mitigation Monitoring and Reporting Program (MMRP) for the Project has been prepared in accordance with Section 21081.6 of CEQA;
Whereas, the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the City Council (Council) for adopting MNDs;
Whereas, the MND was sent to the Commission members on or about September 5, 2025 and considered by the Commission on October 21, 2025, at a duly noticed Public Hearing and
after consideration of evidence presented by the Community Development Department and other interested parties on the adequacy of the MND, the Commission adopted a resolution recommending
that the Council adopt the MND for the Project; and
Whereas, on November 18, 2025, 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:
Section 1: The foregoing recitals are true and correct and are hereby incorporated into these findings by this reference.
Section 2: The Council has evaluated all comments, written and oral, received from persons who have reviewed the MND. The Council hereby finds and determines that all public comments
have been adequately addressed in good faith and, after weighing disputed credibility questions arising between experts regarding the MND’s analysis of potential biological resources
and air quality impacts, resolves those disputes in favor of the experts cited in the MND, finding, for reasons contained in the record of this proceeding, that the experts referenced
in and attached to Comment Letter #3 on the MND dated October 2, 2025, lack credibility.
Section 3: The Council 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 Council 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 adopt the MND as proposed.
Section 5: The Council hereby makes, adopts, and incorporates the following findings regarding the potential environmental impacts of the Project and the analysis and conclusions set
forth in the MND:
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.
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 Council hereby adopts MND (ER 2025-02) (SCH# 2025090173)
and the MMRP, which is attached hereto as Exhibit “A”, for Planning Application No. 2021-19 (General Plan Amendment No. 2022-01, Zone Change No. 2022-02, Conditional Use Permit No.
2022-17, Commercial Design Review No. 2022-12, and Variance No. 2025-08).
Section 7: This Resolution shall take effect immediately upon its adoption.
Section 8: The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions.
Passed and Adopted on this 18th day of November, 2025.
Brian Tisdale
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, hereby certify that Resolution No. 2025-__ was adopted by the City Council of the City of Lake Elsinore,
California, at a regular meeting held on November 18, 2025, and that the same was adopted by the following vote:
AYES
NOES:
ABSTAIN:
ABSENT:
Candice Alvarez, MMC
City Clerk