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Staff Report

Lake Elsinore City Council
December 12, 2023

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Staff Report
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December 12, 2023
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Lake Elsinore City Council
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3
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REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Damaris Abraham, Assistant Community Development Director Date: December 12, 2023
Subject: Extension of Time Request for Tentative Parcel Map No. 38341 and Industrial Design Review No. 2021-05 (Fairway Business Park Phase III) Applicant: Rod Oshita, Fairway Commercial Partners, Inc.

Recommendation

1. Find that pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15162, the extension of time request would not have a significant effect on the environment and no new environmental documentation is necessary because all potentially significant effects have been adequately analyzed in a previously adopted Addendum No. 1 to Mitigated Negative Declaration (MND) No. 2007-05 (SCH No. 2007071157);

2. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,

CALIFORNIA, APPROVING A TWO-YEAR EXTENSION OF TIME FOR TENTATIVE PARCEL MAP NO. 38341 TO JANUARY 11, 2026; and

3. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,

CALIFORNIA, APPROVING A TWO-YEAR EXTENSION OF TIME FOR INDUSTRIAL DESIGN REVIEW NO. 2021-05 TO JANUARY 11, 2026.

Background
On January 11, 2022, the City Council approved Addendum No. 1 to Mitigated Negative Declaration (MND-2007-05) (SCH No. 2007071157), Tentative Parcel Map (TPM) No. 38341, and Industrial Design Review (IDR) No. 2021-05.

TPM No. 38341 is a subdivision of 8.78 acres into six (6) parcels ranging in size from 0.76 acres to 2.49 acres.

Fairway Business Park Phase III EOT (TPM 38341 & IDR 2021-05)

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IDR No. 2021-05 is a proposal to construct six (6) industrial buildings ranging in size from 12,000 sq. ft. to 42,000 sq. ft. (149,500 sq. ft. in total) along with 294 parking spaces and related improvements on the same property.

The project is located on the northwesterly side of Chaney Street and southwesterly of Minthorn Street, at the southerly end of Birch Street (APNs: 377-140-028, 377-140-029, 377-140-030, 377- 140-035, and 377-140-044).

The original expiration date for TPM No. 38341 and IDR No. 2021-05 is January 11, 2024. On October 23, 2023, the applicant submitted this two-year extension of time request which stayed the expiration until action by the City Council. The applicant has stated that the time extension is necessary due to the current economic market and financing environment which has made it difficult to move the project forward, however the extension of time would provide the developer time needed to solidify the financing needed.

Discussion
Pursuant to the Subdivision Map Act, Government Code Section 66452.6(e), the time at which the map expires may be extended by the legislative body for a period not exceeding a total of six (6) years. The applicant will have four (4) more years of extensions available for TPM No. 38341 after the approval of this extension of time request.

Section 17.415.050.I (Lapse of Design Review Approval and Time Extensions) of the Lake Elsinore Municipal Code (LEMC) provides an extension of time for a maximum of two (2) years.

The two-year extension of time for IDR No. 2021-05 represents the final extension of time allowed by the LEMC.

The Community Development (Building & Safety and Planning), Engineering, and the Administrative Services Departments have recommended revised Conditions of Approval consistent with Section 66452.6(e) of the Subdivision Map Act and Sections 65961(a)(1-2) and 65961(f) of the Planning and Zoning Laws. These updated Conditions of Approval reflect the most current City requirements for development and ensure that the project complies with current laws, standards, and policies.

Environmental Determination
Pursuant to CEQA Guidelines Section 15162, staff has determined that this extension of time request would not have a significant effect on the environment and no new environmental documentation is necessary because all potentially significant effects have been adequately analyzed in an earlier Addendum 1 to Mitigated Negative Declaration (MND). All potentially significant impacts have been avoided or mitigated pursuant to the earlier mitigated negative declaration and its addendum and none of the conditions described in Section 15162 exist.

Addendum 1 to MND (SCH No. 2007071157) was adopted by the City Council on January 11, 2022. Only minor modifications to the original conditions of approval have been made to ensure that the project complies with current laws, standards, and policies. No substantial changes which Fairway Business Park Phase III EOT (TPM 38341 & IDR 2021-05)

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require major revisions to the mitigated negative declaration exist and no new information of substantial importance which require revisions to the earlier mitigated negative declaration exist.

Therefore, no further environmental documentation is necessary.

Public Notice
Notice of the hearing for the extension of time application has been published in the Press- Enterprise newspaper and mailed to property owners within 300 feet of the subject property. As of the writing of this report, no written comments concerning this application have been received by staff.

Fiscal Impact
The time and costs related to processing this application have been covered by application fees paid for by the applicant. No General Fund budgets have been allocated or used in the processing of this application. The approval of the Project does not fiscally impact the City’s General Fund.

Mitigation Measures to protect the City fiscally have already been included in the Conditions of Approval.

Attachments
Attachment 1 – TPM 38341 EOT Resolution
Attachment 2 – IDR 2021-05 EOT Resolution
Attachment 3 – Conditions of Approval
Attachment 4 – GIS Package
Attachment 5 – TPM 38341
Attachment 6 – Design Review Package
Attachment 7 – Public Notice Materials

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