HomeMy WebLinkAboutPC Reso No 2012-02 RESOLUTION NO. 2012-02
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, APPROVING MITIGATED NEGATIVE
DECLARATION NO. 2008 -08
WHEREAS, Maruhachi Ceramics of America, Inc. (MCA), has submitted an
application for Reclamation Plan 2008 -01, generally located on the east side of the 1 -15
Freeway between Nichols Road and Lake Street and commonly identifiable as APNs
390- 210 -014, and -019 (the "Project "); and
WHEREAS, the standards and requirements of the California Environmental
Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA ") and the CEQA Guidelines
apply only to discretionary projects, which are defined in CEQA Section 21065 as an
activity which may cause either a direct physical change in the environment, or a
reasonably foreseeable indirect physical change in the environment and which includes
the issuance to a person of a lease, permit, license, certificate, or other entitlement for
use by one or more public agencies; and
WHEREAS, the Project is a discretionary project within the meaning of Section
21065 of CEQA because it involves extensive reclamation activities which may cause
both a direct and indirect physical change in the environment and no reclamation
activities may begin on the Project site until the Planning Commission approves the
Reclamation Plan for the Project; and
WHEREAS, an Initial Study was conducted on the Project and revealed that the
Project may have potentially significant environmental impacts; and
WHEREAS, pursuant to CEQA Guidelines 15070 - 15075, it was further
determined that all potentially significant environmental impacts could be mitigated to a
statistical level of insignificance and that it was appropriate to prepare Mitigated
Negative Declaration No. 2006 -01 to address the environmental impacts of the project;
and
WHEREAS, public notice of the Project has been given, and the Planning
Commission has considered evidence presented by the Community Development
Department and other interested parties at a public hearing held with respect to this
item on October 18, 2011 and January 17, 2012.
NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The Planning Commission has considered the Project and
has found it acceptable. The Planning Commission finds and determines the Project is
_ consistent with the Lake Elsinore Municipal Code and determines that Mitigated
Negative Declaration No. 2008 -08 is adequate and prepared in accordance with the
_. requirements of the CEQA and the CEQA Guidelines.
PLANNING COMMISSION RESOLUTION NO. 2012- 02
PAGE 2OF3
SECTION 2. That in accordance with CEQA and the CEQA Guidelines, the
Planning Commission makes the following findings for the approval of the Mitigated
Negative Declaration No. 2008 -08:
1. Revisions in the Project plans or proposals made by or agreed to by the applicant
before a proposed mitigated negative declaration and initial study are released for
public review would avoid the effects or mitigate the effects to a point where clearly
no significant effects would occur.
The applicant has made revisions to the project and has agreed to specific
conditions which mitigate the potentially significant environmental effects of the
Project to a level of "less than significant.
2. There is no substantial evidence, in the light of the whole record before the agency,
that the Project as revised may have significant effect on the environment.
Pursuant to the evidence received in light of the whole record, the Project will not
have a significant effect on the environment considering the Mitigation Monitoring
and Reporting Program, and the conditions of approval.
3. The Reclamation Plan has been reviewed pursuant to CEQA and the City's
environmental review guidelines, and all significant adverse impacts from
reclamation of the surface mining operations are mitigated to the maximum extent
feasible.
Mitigated Negative Declaration 2008 -08, the corresponding Mitigation Monitoring
and Reporting Program, and the corresponding conditions of approval mitigate all
environmental effects to a statistical level of insignificance.
SECTION 3. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED this 17 day of January 2012, by the
following vote:
1
Shelly Jor. - airperson
City of Lake Elsinore
ATTEST:
Warren Morelion, AICP
Planning Manager
PLANNING COMMISSION RESOLUTION NO. 2012- 02
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.
CITY OF LAKE ELSINORE )-
1, Warren Morelion, Planning Manager of the City of Lake Elsinore, California,
hereby certify that Resolution No. 2012 -02 as adopted by the Planning Commission of
the City of Lake Elsinore at a regular meeting held on the 17 day of January 2012, . and
that the same was adopted by the following vote:
AYES: CHAIRPERSON JORDAN, COMMISSIONER BLAKE, COMMISSIONER
GONZALES, COMMISSIONER MORSCH
NOES: VICE CHAIRPERSON O'NEAL
ABSENT: NONE
ABSTAIN: NONE
Warren Morelion, AICP
Planning Manager