HomeMy WebLinkAboutAttachment 1 - CEQA Resolution1RESOLUTION NO. 2025-__
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING ADOPTION OF 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; and,
Whereas, on October 21, 2025, 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 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 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:
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 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 2025-02)
(SCH# 2025090173) and the MMRP 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 8: This Resolution shall take effect immediately upon its adoption.
Passed and Adopted on this 21st day of October, 2025.
John Gray, Chairman
Attest:
___________________________________
Damaris Abraham,
Community Development Director
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Damaris Abraham, Community Development Director of the City of Lake Elsinore, California, hereby certify that Resolution No. 2025-__ was adopted by the Planning Commission of the
City of Lake Elsinore, California, at a regular meeting held on October 21, 2025, and that the same was adopted by the following vote:
AYES
NOES:
ABSTAIN:
ABSENT:
Damaris Abraham,
Community Development Director