Cities Index.
Attachment 15 - Written Comments

Lake Elsinore City Council
November 18, 2025

Document
Attachment 15 - Written Comments
Meeting
November 18, 2025
Body
Lake Elsinore City Council
Pages
3
Original file
423 KB
Text extracted from the city's file for reading and search. Open the original on lakeelsinore.primegov.com. That file is the official record.

61121050.1/099506.0002
Brent R. McManigal
Director
[email protected]
550 E. Hospitality Lane, Suite 350
San Bernardino, California 92408
PH (909) 723-1807 | FX (909) 890-9877
fennemorelaw.com

October 20, 2025
VIA [email protected] and
Planning Commission
City of Lake Elsinore
301 N. Spring Street
Lake Elsinore, CA 92530

Honorable Chairman and Members of the Commission:

This firm represents G.E.M. Investments, LLC, the applicant (“Applicant”) for the project known as the Rome Hill Commercial Project, which is Agenda Item No 2 for your regular meeting scheduled for Tuesday October 21, 2025. City Staff, the CEQA Consultants and the Applicant, have been working to bring the proposed Project to the Planning Commission for many months.

City Staff as seen through the extensive Staff Report has thoroughly analyzed the Project in accordance with the California Environmental Quality Act (“CEQA”) and has prepared a Mitigated Negative Declaration (“MND”) and Mitigation Monitoring Reporting Plan(“MMRP”) for the Project. We support Staff’s work and CEQA determination as outlined in the staff report and supporting documents.

Unfortunately, as is all too common for this type of Project, there are groups that attempt to weaponize CEQA as a tool for their client’s own gains, rather than uphold its true purpose — protecting the environment — using it instead to obstruct, delay, or extract concessions unrelated to legitimate environmental concerns. Specifically, the City prepared a legally compliance MND and MMRP; however, a comment letter was received from the law firm of Lozeau Drury (“Law Firm”) on behalf of their Client Supporters Alliance for Environmental Responsibility (“SAFER”) (the “SAFER Comment Letter”). As you could see from the Response to Comments, the SAFER Comment Letter, was filled with anecdotal claims of environmental harm and false assertions, supposedly supported by their “experts” that are factually inaccurate and based on bad science that is not supported or to be used in a CEQA analysis. In fact, SAFER’s supposed “experts” have compared the habitat of the Project Site to habitat that is located in the Altamont Pass Wind Resource Area and Rancho Cordova, both areas located in Northern California.

October 20, 2025

Page 2 ends

61121050.1/099506.0002

Another example to the lack of credibility of SAFER’s biologist, is their attempt to claim the Site is home to 154 special status species; however, by their own field survey only 12 were listed on- site where in actuality, the biologist who visited the perimeter of the site only saw those animals (birds) flying overhead and not actually on-site. The Biological Report prepared by SAFER is just one example of the junk science and scare tactics used in the SAFER Comment letter to distract the Planning Commission from the true fact that this Project, as mitigated, will not have a significant impact on the Environment.

In addition to the Biological Report, the SAFER Comment Letter tries to scare the Planning Commission into believing the Project will result in sever air quality, green house gas and health impacts. As shown in the City’s Response to Comments, this is just false. SAFER’s supposed Expert, “SWAPE”, like the biologist, use modeling and make claims to exaggerate a project’s impacts, when the modeling is not accurate or appropriate to use in a CEQA analysis. Specifically, we are talking about the use, by SWAPE, of the AERSCREEN modeling, which, as outlined in the Response to Comments, models and estimates ground level emission concentrations without full meteorological information. Use of this model to predict emissions is not realistic and not accurate, but it is great for spreading false and misleading information.

We ask that the Planning Commission read and ignore the wild claims of environmental harm that SAFER’s experts are trying to paint with their false, misleading and inaccurate claims about the Project. City Staff has thoroughly analyzed this Project and the findings and reports used in the MND were prepared by true CEQA experts in their respective fields using modern and CEQA complaint models and methods.

Base on the foregoing, we ask that the Planning Commission accept Staff’s recommendation and approve the Project.

Sincerely,

FENNEMORE LLP

Brent R. McManigal

October 20, 2025

Page 3 ends

61121050.1/099506.0002

BMCM/myr
cc: John McClendon [email protected]
client
Oct 21, 2025 City of Lake Elsinore Lake Elsinore City Hall 130 S Main Street Lake Elsinore, CA 92530 By Email: [email protected]; [email protected]; [email protected]; [email protected]; [email protected] CC: [email protected]; [email protected]; [email protected]; [email protected] Re: Proposed Amendments to the City’s General Plan and Zoning Map Dear Lake Elsinore Planning Commission, The California Housing Defense Fund (“CalHDF”) submits this letter as a public comment concerning

Public

Hearing

Item

2 on

the

agenda

for

the

October

21,

2025

Planning

Commission

meeting,

a

proposed

general

plan

amendment

and

zoning

change

in

the

City

of

Lake

Elsinore

(“City”).

CalHDF writes to flag a specific legal issue with the proposed General Plan Amendment (GPA)

2022-01,

which

would

amend

the

General

Plan

Land

Use

Designation

of

the

6.77-acre

site

located

on

Grand

Avenue

and

Kathryn

Way

from

General

Commercial

(GC)

and

High

Density

Residential

(HDR)

to

Light

Industrial

(LI);

and

Zone

Change

(ZC)

2022-02,

which

would

rezone

the

site

from

Commercial

Park

(C-P)

and

High

Density

Residential

(R-3)

to

Commercial

Manufacturing

(C-M).

These

land

use

actions

constitute

a

violation

of

SB

330,

as

discussed

infra
.

Background - SB 330 SB 330 prohibits local agencies from reducing residential zoning and general plan capacity in affected geographies (including the City) below what was permitted on January 1, 2018, unless the City concurrently adjusts zoning and general plan capacity elsewhere within its boundaries

to

preserve

its

total

residential

capacity.

Government Code section 66300, subdivision (b)(1) (emphasis added):
2201 Broadway, PH1, Oakland, CA 94612 [email protected]

Notwithstanding any other law except as provided in subdivision (h), with respect to land

where

housing

is

an

allowable

use,

an

affected

county

or

an

affected

city

shall

not

enact

a

development

policy,

standard,

or

condition

that

would

have

any

of

the

following

effects:
(A) Changing the general plan land use designation, specific plan land use designation,

or

zoning

of

a

parcel

or

parcels

of

property

to

a

less

intensive

use

or

reducing

the

intensity

of

land

use

within

an

existing

general

plan

land

use

designation,

specific

plan

land

use

designation,

or

zoning

district

in

effect

at

the

time

of

the

proposed

change,

below

what

was

allowed

under

the

land

use

designation

or

zoning

ordinances

of

the

affected

county

or

affected

city,

as

applicable
,

as

in

effect

on

January

1,

2018,

except

as

otherwise

provided

in

clause

(ii)

of

subparagraph

(B)

or

subdivision

(h).

For

purposes

of

this

subparagraph,

“reducing

the

intensity

of

land

use”

includes,

but

is

not

limited

to,

reductions

to

height,

density,

or

floor

area

ratio,

new

or

increased

open

space

or

lot

size

requirements,

new

or

increased

setback

requirements,

minimum

frontage

requirements,

or

maximum

lot

coverage

limitations,

or

any

other

action

that

would

individually

or

cumulatively

reduce

the

site’s

residential

development

capacity.

Additionally, Government Code section 66300, subdivision (h)(1) (emphasis added) provides: (1) This section does not prohibit an affected county or an affected city, including the local electorate acting through the initiative process, from changing a land use designation or zoning ordinance to a less intensive use, or reducing the intensity of land use, if the city or county concurrently changes the development standards, policies, and conditions applicable to other parcels within the jurisdiction to ensure that there is no net loss in residential capacity. (2) (A) For purposes of this subdivision, “concurrently” means the action is approved at the

same

meeting

of

the

legislative

body.
… (C) Notwithstanding subparagraph (A), in the case of an initiative measure, “concurrently”

means

the

action

is

included

in

the

initiative

in

a

manner

that

ensures

the

added

residential

capacity

is

effective

at

the

same

time

as

the

reduction

in

residential

capacity.

As is discussed infra , the proposed land use actions violate these provisions of SB 330. Proposed Rezoning and General Plan Change 2 of 4

The applicant proposes to comply with SB 330 by requesting the transfer of the reduced residential

capacity

to

the

unit

bank

in

accordance

with

Chapter

17.78 (No

Net

Loss

Program)

of

the

Lake

Elsinore

Municipal

Code

(LEMC).

GPA

2022-01

and

ZC

2022-02

will:

include a determination establishing the residential capacity existing before the amendment(s)

and

identifying

the

unused

housing

capacity

that

will

be

transferred

to

the

unit

bank

and

made

available

for

a

residential

density

transfer
… 144 units of unused housing capacity that will be transferred to the unit bank and made

available

for

a

residential

density

transfer

are

identified

in

the

ordinance

and

resolutions

for

this

project.

GPA 2022-01 and ZC 2022-02 violate SB 330. By amending the general plan land use designation

from

HDR

to

LI

and

rezoning

the

site

from

R-3

to

C-M,

respectively,

these

changes

reduce

the

site’s

residential

zoning

and

general

plan

capacity

below

that

which

was

in

effect

on

January

1,

2018

while

transferring

the

144

units

of

residential

housing

capacity

to

its

unit

bank.

However,

this

unit

bank

transfer

does

not

fulfill

SB

330’s

requirement

of

concurrent

changes

“applicable

to

other

parcels

within

the

jurisdiction

to

ensure

that

there

is

no

net

loss

in

residential

capacity.”

(Gov.

Code,

§

66300

subd.

(h)(1).)

SB

330

defines

“concurrently”

as

1)

an

action

approved

“at

the

same

meeting”

as

one

where

a

city

reduces

residential

development

capacity

and

2)

where

the

city

“ensures

the

added

residential

capacity

is

effective

at

the

same

time

as

the

reduction

in

residential

capacity.”

(
Ibid
.)

The

City

has

not

planned

to

do

either.

Furthermore, the City’s No Net Loss Program, i.e. the unit bank program, does not mandate concurrent

upzoning

for

instances

of

downzoning.

LEMC

Ch.

17.78 simply

provides

that

housing

capacity

lost

in

downzoning

will

be

“transferred

to

the

unit

bank

and

made

available

for

a

residential

density

transfer”

(Ch.

17.78.030)

at

some

future

date

subject

to

the

city’s

approval

of

a

density

transfer

request

(
id
.

at

Ch.

17.78.040-17.78.080)

without

identifying

or

requiring

specific

parcels

to

be

concurrently

upzoned

in

compensation.

Rezoning the Grand Avenue and Kathryn Way site (and changing the general plan designation)

without

concurrently

upzoning

other

parcels

would

result

in

a

reduction

in

residential

development

capacity.

This

rezoning

will

diminish

the

City’s

general

plan

and

zoning

capacity

for

housing

development.

The

City

should

not

enact

this

rezoning

and

general

plan

amendment

without

concurrent

upzoning

of

other

parcels,

as

is

required

by

state

law.

◄► CalHDF is a 501(c)(3) non-profit corporation whose mission includes advocating for increased

access

to

housing

for

Californians

at

all

income

levels,

including

low-income
households. You may learn more about CalHDF at www.calhdf.org. 3 of 4

Sincerely, Dylan Casey CalHDF Executive Director James M. Lloyd CalHDF Director of Planning and Investigations 4 of 4

← All documents from this meeting